Article 2 The State applies a work safety licensing system to
enterprises engaged in mining, construction, and the production of
dangerous chemicals, fireworks and crackers, and blasting equipment
for civil use (hereinafter referred to as enterprises).
　　No such enterprises may engage in production activities without
work safety licenses.

Article 3 The department of work safety supervision and
administration under the State Council shall be in charge of
issuance and administration of work safety licenses for enterprises
subject to the central authority which are engaged in non-coal
mining, and the production of dangerous chemicals and fireworks and
crackers.
　　The departments of work safety supervision and administration
under the People''s Governments of the provinces, autonomous
regions, and municipalities directly under the Central Government,
shall be in charge of the issuance and administration of work safety
licenses for enterprises outside the scope of the preceding
paragraph which are engaged in non-coal mining, and the production
of dangerous chemicals and fireworks and crackers, and be subject to
the guidance and supervision of the department of work safety
supervision and administration under the State Council.
　　The State authority over coal mine safety inspections shall be in
charge of issuance and administration of work safety licenses for
coal mining enterprises which are subject to the management of the
central authorities.
　　The authorities over coal mine safety inspections under the
People''s Governments of the provinces, autonomous regions, and
municipalities directly under the Central Government, shall be in
charge of the issuance and administration of work safety licenses
for coal mining enterprises outside the scope of the preceding
paragraph, and be subject to the guidance and administration of the
State authority over coal mine safety inspections.
Article 4 The administrative department of construction under the
State Council shall be in charge of issuance and administration of
work safety licenses for construction enterprises which are subject
to the central authority.
　　The administrative departments of construction under the People''s
Governments of provinces, autonomous regions, and municipalities
directly under the Central Government, shall be in charge of the
issuance and administration of work safety licenses for construction
enterprises outside the scope of the preceding paragraph, and be
subject to the guidance and supervision from the administrative
department of construction under the State Council.
Article 5 The administrative department of science, technology and
industry for national defense under the State Council shall be in
charge of the issuance and administration of work safety licenses
for enterprises engaged in the production of blasting equipment for
civil use.
Article 6 To obtain a work safety license, an enterprise shall
satisfy the following work safety conditions:
(1) Having established and improved the responsibility system for
work safety, and formulated a whole set of work safety regulations
and operating rules;
(2) Its investment in safety is up to work safety requirements;
(3) Having set up administrative entities for work safety and
installed full-time work safety administrative personnel;
(4) The major person(s)-in-charge and work safety administrative
personnel have passed the appraisal;
(5) The special personnel have passed the appraisal conducted by the
competent authority, and have obtained qualification certificates
for special operations;
(6) The workers have gone through work safety education and
training;
(7) Having workers insured against work-related injuries in
accordance with the law and having paid insurance premiums in this
regard;
(8) Its premises, worksites, safety facilities, equipment and
technology are up to the requirements of the relevant work safety
laws, regulations, standards and rules;
(9) Having preventive measures against occupation hazards and
providing workers with labor protection articles which are up to the
national standards or standards of the industrial sector concerned;
(10) Having conducted safety evaluation in accordance with the law;
(11) Having measures for the testing, assessment and monitoring of
sources of grave danger, as well as emergency plans thereabout;
(12) Having emergency rescue plans for work accidents, and entities
or personnel specialized in emergency rescue, and having necessary
emergency rescue materials and equipment; and
(13) Satisfying other conditions as provided by laws and
regulations.
Article 7 Before starting production, an enterprise shall apply for
the work safety license to the department in charge of the issuance
and administration of work safety licenses according to the present
Regulation, and provide the relevant documents and materials
specified in Article 6 of the present Regulation. The department in
charge of the issuance and administration of work safety licenses
shall wrap up its review process within 45 days from the day of
receipt of an application, and issue work safety licenses to those
found upon review to satisfy the work safety conditioned specified
in the present Regulation. For those failing to satisfy the work
safety conditions as specified in the present Regulation, the said
department shall deny their access to work safety licenses, and send
written notices to the applicants with reasons explained for such
denial.
　　A coal mining enterprise shall, prior to its application for the
coal production license, apply for the work safety license on a per
mine (pit) basis in accordance with the present Regulation.
Article 8 The work safety licenses shall be in uniform style as
prescribed by the department of work safety supervision and
administration under the State Council.
Article 9 The valid period for a work safety license shall be three
years. If a work safety license needs to be extended upon its
expiration, the enterprise shall go through the extension procedures
three months prior to such expiration with the administrative
department from which the license is issued.
　　If an enterprise strictly abides by the relevant laws and
regulations on work safety and is free of any deadly accident during
the valid period of its work safety license, such license will enjoy
a review-free three-year extension upon its expiration, with the
consent of the administrative department from which the license is
issued.
Article 10 The departments in charge of the issuance and
administration of work safety licenses shall establish and improve
the archiving administration system for such licenses, and make
regular release of information to the general public concerning the
issuance of licenses to enterprises.
Article 11 The departments in charge of the issuance and
administration of work safety licenses for coal mining enterprises,
the departments in charge of the issuance and administration of work
safety licenses for construction enterprises, and the departments in
charge of the issuance and administration of work safety licenses
for enterprises engaged in the production of blasting equipment for
civil use, shall make annual briefings to the same-level departments
of work safety supervision and administration on information
concerning the issuance and administration of work safety licenses.
Article 12 The department of work safety supervision and
administration under the State Council and the departments of work
safety supervision and administration under the peoples''
governments of provinces, autonomous regions, and municipalities
directly under the Central Government, shall conduct supervision
over the issuance of work safety licenses to enterprises engaged in
construction, the production of blasting equipment for civil use,
and coal mining.
Article 13 No enterprises may transfer, use under an assumed name,
or use forged, work safety licenses.
Article 14 After obtaining a work safety license, an enterprise may
not lower its work safety conditions, and shall improve its routine
work safety management and be subject to the supervision and
inspection of the administrative department from which the license
is issued.
　　The departments in charge of the issuance and administration of
work safety licenses shall enhance its supervision over and
inspection of license receiving enterprises, and withdraw on a
temporary basis or revoke the license upon finding of any failure to
satisfy the work safety conditions specified in the present
Regulation.
Article 15 No personnel of the departments in charge of the issuance
and administration of work safety licenses may extort or accept any
property from enterprises or seek any other illicit gains, during
the issuance, administration, supervision or inspections of such
licenses.
Article 16 The supervisory departments shall, according to the
Administrative Supervision Law of the People''s Republic of China,
conduct supervision over the departments in charge of the issuance
and administration of work safety licenses as well the personnel
thereof, on their performance of duties and responsibilities in
accordance with the present Regulation.
Article 17 Every organization or individual is entitled to report
the acts in violation of the present Regulation to the relevant
authorities such as the departments in charge of the issuance and
administration of work safety licenses or the supervisory
departments.
Article 18 Any personnel of the departments in charge of the
issuance and administration of work safety licenses who are involved
in any of the following acts may be given administrative sanction of
demotion or removal from office; if a criminal offense is
constituted, he or she shall be subject to criminal liabilities.
(1) Issuing work safety license(s) to enterprises failing to satisfy
the work safety conditions specified in the present Regulation;
(2) Making no statutory handling upon finding that any enterprise is
engaged in production activities without work safety licenses;
(3) Making no statutory handing upon finding that any license
receiving enterprise fails to satisfy the work safety conditions
specified in the present Regulation;
(4) Making no timely handling upon receipt of report on acts in
violation of the present Regulation;
(5) Extorting or accepting property from enterprises or seeking any
other illicit gains during the issuance, administration, supervision
or inspections of work safety licenses.
Article 19 Those which, in violation of the present Regulation, are
arbitrarily engaged in production without work safety licenses shall
be ordered to suspend production, and be subject to the confiscation
of the illicit gains and a fine of 100,000 up to 500,000 RMB. If a
criminal offense is constituted in the wake of a serious accident or
any other serious consequences, the offender shall be subject to
criminal liabilities.
Article 20 Those who, in violation of the present Regulation,
continue production without going through the extension procedures
upon expiration of work safety licenses shall be ordered to suspend
production and go through the remedial procedures within a limited
period, and be subject to the confiscation of the illicit gains and
a fine of 50,000 up to 100,000 RMB. And those who continue
production without going through the remedial procedures within the
limited period shall be subject to punishment in accordance with
Article 10 of the present Regulation.
Article 21 Those who, in violation of the present Regulation,
transfer their work safety licenses shall be subject to confiscation
of the illicit gains, a fine of 100,000 up to 500,000 RMB and the
revocation of such licenses; if a criminal offense is constituted,
the offender shall be subject to criminal liabilities; and the
transfer recipient(s) shall be subject to punishment in accordance
with Article 19 of the present Regulation.
　　Those who use, under an assumed name, or use forged work safety
licenses shall be subject to punishment in accordance with Article
19 of the present Regulation.

Article 22 Enterprises which have already been engaged in production
prior the implementation of the present Regulation shall, according
to the provisions of the present Regulation, apply for work safety
licenses to the departments in charge of issuance and administration
of such licenses within one year from the day of the Regulation's
implementation. Those which fail to go through the application for
work safety licenses or to satisfy upon review the work safety
conditions specified in the present Regulation, but nevertheless
continue production without such licenses, shall be subject to
punishment in accordance with Article 19 of the present Regulation.

Article 23 The administrative punishment specified in the present
Regulation shall be subject to the determination of the departments
in charge of the issuance and administration of work safety
licenses.

Article 24 The present Regulation shall come into force as of the
day of promulgation.

Bright Jon, Attorney-at-law  Fax: 5+86-512-3516040 
email@colaw.cn