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Difference between [Notification] and [License] for special equipment

2025-04-28View Original

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This post was last edited by Zhang Junli on 2025-4-28 at 20:17. [Notice] refers to a written notification, which can be delivered to the supervisory authorities via mail, in person, or online; the purpose is to inform them, and their consent is not required. Article 23 of the Law of the People’s Republic of China on the Safety of Special Equipment: The construction units responsible for the installation, modification, or repair of special equipment shall, prior to carrying out such work, inform in writing the department in charge of supervision and management of special equipment safety under the people’s government of a municipality directly under the Central Government or a city divided into districts. No consent or approval is required in this regard, but in practice some procedures are relatively complex; it is advisable to obtain such permission, as failure to do so could affect usage (no instances of denial have been encountered in reality). If the service is not used, a written notification suffices to fulfill the legal obligations. It is punishable if not informed; it’s not something that can be optional. Let’s correct this mistaken notion here. Article 78: Those who, in violation of the provisions of this Law, carry out the installation, modification, or repair of special equipment without first providing written notice to the department responsible for the supervision and management of special equipment safety prior to commencing work, or fail to hand over the relevant technical documents and materials to the entity using the special equipment within 30 days after completion, shall be ordered to make corrections within a specified time limit ; If the violation is not corrected within the prescribed time, a fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed. 【License】 refers to administrative licensing; the registration for the use of special equipment is a typical example of such a license. It is necessary to obtain a registration certificate within 30 days before or after the special equipment is put into use (unless otherwise stipulated by laws and regulations). Article 33: The user of special equipment shall, prior to the commissioning of such equipment or within 30 days thereafter, register its use with the department responsible for the safety supervision and management of special equipment in order to obtain a registration certificate. The registration mark shall be placed in a prominent position on the special equipment. Article 83: If a special equipment user violates the provisions of this Law and commits one of the following acts, it shall be ordered to make corrections within a specified time limit ; If the violation is not corrected within the prescribed time, the use of the relevant special equipment shall be ordered to be stopped, and a fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed: (1) Using special equipment without carrying out the required registration procedures ; (That’s why it was said above that efforts should be made to obtain permission after giving notice; non-professionals will encounter various tricky problems during the process of obtaining evidence, which is likely to result in an inability to get the use registration certificate within 30 days, while professionals will hardly be affected even if they fail to obtain it within that time frame.) ) TSG 08-2017 specifies the special equipment that requires registration prior to being put into use: 1. Special equipment that leaves the factory as a complete unit ; 2. Mobile large-scale amusement rides ; 3. Vehicle gas cylinders ; What is somewhat special is that simple pressure vessels do not require registration for use, but since they belong to the first category of pressure vessels, a qualified construction unit must provide notification prior to construction.

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