Forward the Notice jianzhi  No. 121 on printing and distributing the Interim Measures for Dynamic Supervision of Construction Enterprise Safety Production License
Construction departments of all provinces and autonomous regions and construction Commissions of municipalities directly under the Central Government:
In order to strengthen the dynamic supervision of construction enterprises' safety production License, promote construction enterprises to maintain and improve their safety production conditions, and control and reduce production safety accidents, the Ministry formulated the Interim Measures for dynamic Supervision of Construction Enterprises' Safety Production License. Now print and distribute to you, please carry out in accordance with the actual area.
Ministry of Housing and Urban-Rural Development, PRC
June 30, 2008
Interim Measures for dynamic Supervision of Work Safety Licenses of Construction Enterprises
Article 1 in order to strengthen the dynamic supervision of construction enterprise safety production license, promoting construction enterprises to maintain and improve safety production conditions, control and reduce production safety accidents, according to the regulations on the safety production license, the construction engineering safety production management regulations and the regulation on administration of construction enterprise safety production license, etc and regulations, these measures are formulated.
Article 2 the construction unit or its entrusted project bidding agency when compiling pre-qualification documents and the bidding documents, shall explicitly ask construction enterprises to provide safety production license, and, to act as the project leader and head of the enterprise mainly full-time safety management personnel (hereinafter referred to as the "three categories of personnel") of the corresponding production safety inspection certificate of quality.
Article 3 the competent department of construction when examine the application and issue the construction permit, shall be determined for the construction enterprises is whether safety production license and safety production license in the withholding period review, for without work safety licenses and safety production license in the withholding period, shall not issue the construction permit.
Article 4 Where a construction project is subject to general contracting, the general contracting enterprise for construction shall subcontract the project to the specialized contracting enterprise or labor subcontracting enterprise with the safety production license according to law, and strengthen the supervision and inspection of the safety production conditions of the subcontracting enterprise.
Article 5 The project supervision unit shall examine the holding of the safety production license of the undertaking enterprise and the safety production examination certificate of the "Class III personnel" of the project, and if it finds that the holding of the certificate is not in conformity with the provisions or the safety production conditions at the construction site are reduced, it shall require the undertaking enterprise to make rectification immediately. If the enterprise undertaking construction refuses to make rectification, the project supervision unit shall report to the construction unit. The construction unit shall, after receiving the report from the project supervision unit, order the enterprise undertaking construction to make rectification immediately.
Article 6 Construction enterprises shall strengthen the daily dynamic inspection of the safety production conditions of their own enterprises and contracted projects. If they find that the safety production conditions are not in conformity with the statutory safety production conditions, they shall make rectification immediately and keep records of self-examination and rectification.
Article 7 the construction enterprises in the "three categories of personnel allocation, safety production management institutions and other legal conditions change and qualification for construction production safety upgrade, increase and safety production condition changes, shall be submitted to the management of safety production license issued by agency for issue and administration (hereinafter referred to as") and report the competent departments of construction.
Article 8 The issuing and administrative authorities shall establish a dynamic supervision and inspection system for the safe production conditions of construction enterprises, and make the enterprises with weak production safety management and frequent accidents the focus of supervision and inspection.
Issued by administration authority according to the regulatory situation, the masses to report complaints and enterprise safety production condition change report, the relevant construction enterprises and the construction of the project safety production condition check, found that enterprises to reduce production safety conditions, shall, according to the condition of its safe production conditions to reduce the withholding or revoke a work safety license according to law.
Article 9 The competent construction departments of the municipal and county-level people's governments or the construction safety supervision organs entrusted by them shall examine the safety production licenses of the enterprises undertaking construction projects during their daily supervision and inspection of safety production. If it is found that the enterprise reduces the safety production conditions on the construction site or there are hidden accidents, it shall immediately put forward rectification requirements; If the circumstances are serious, the project shall be ordered to stop construction and be rectified within a time limit.
Article 10. The article 9 in accordance with these measures shall be ordered to stop the construction conform to one of the following circumstances, municipal or county people's government department in charge of construction shall be made in the last stop construction decision in written form within 15 days from the date of the agency for issue and administration to (the competent department of construction of people's government at the county level out the newspaper the competent department of construction of the municipal people's government at the same time; If the construction contractor is engaged in trans-provincial construction, the competent construction department of the provincial people's government shall copy and report the suggestion of suspending the safety production license of the enterprise, and attach the written record or other evidence of the violation of laws and regulations of the enterprise and related engineering projects and the reduction of safety production conditions.
(1) Within 12 months, the same enterprise and the same project are ordered to stop construction twice.
(2) Within 12 months, the same enterprise has been ordered to stop the construction of three projects in the same city or county;
(3) An enterprise undertaking construction still fails to meet the requirements for rectification after being ordered to stop construction or refuses to stop work for rectification.
Article 11 After receiving the suggestion of temporary withholding of production safety license as stipulated in Article 10 of these Measures, the issuing and administrative authority shall file the case within 5 working days and give the enterprise a punishment of 30 to 60 days of temporary withholding of production safety license according to the seriousness of the case.
Article 12 Where a common or above production safety accident occurs in a project, the competent construction department of the people's government at the city or county level where the project is located shall immediately issue a report of the administrative organ to the local area according to the accident report requirements.
Where a project contractor is engaged in trans-provincial construction, the provincial competent construction department in the place where the project is located shall, within 15 days from the date of the occurrence of the accident, report the basic information of the accident in written form to the issuing and administrative authorities, and at the same time, provide the relevant inquiry records or other evidence materials proving the reduction of the safety production conditions of the enterprise and related projects.
Article 13 After receiving the report or notification as provided in Article 12 of these Measures, the issuing and administrative authorities shall immediately organize the review of the safety production conditions of the relevant construction enterprises (including the general contracting enterprises for construction and the subcontracting enterprises directly related to the accident), and the review shall be completed within 20 days after receiving the report or notification.
The issuing and administrative authorities may directly review the safety production conditions of the enterprises undertaking construction and their projects or entrust the local competent construction departments to do so. The entrusted construction department shall conduct the review in strict accordance with laws and regulations and relevant standards, and timely feedback the review results to the issuing and administrative authorities.
Article 14 Where the conditions of production safety are lowered in accordance with Article 13 of these Measures, the issuing and administrative authorities shall give the enterprise a punishment of temporary withholding of the production safety license according to law. If the circumstances are especially serious or a particularly serious accident occurs, the production safety license shall be revoked according to law.
The punishment of temporary withholding of production safety license shall be implemented according to the following standards according to the severity of the accident and the reduction of production safety conditions:
(1) In case of a general accident, the safety production license shall be temporarily withheld for 30 to 60 days.
(2) In case of a serious accident, the safety production license shall be temporarily withheld for 60 to 90 days.
(3) In case of a serious accident, the safety production license shall be temporarily withheld for 90 to 120 days.
Article 15 Where a construction enterprise has a production safety accident for the second time within 12 months, it shall be punished according to the following standards according to the severity of the accident and the reduction of the production safety conditions:
(1) In case of an ordinary accident, the time limit of temporary deduction shall be increased by 30 days on the basis of the previous time limit of temporary deduction.
(2) In case of a serious accident, the time limit of temporary detention shall be increased by an additional 60 days on the basis of the previous time limit of temporary detention.
(3) Where a serious accident occurs, or the time limit of suspension of punishment exceeds 120 days according to article 1 and 2, the production safety license shall be revoked.
Where a production safety accident occurs three times in succession within 12 months in the same enterprise, its production safety license shall be revoked.
Article 16 Where a construction enterprise conceals, falsely reports, delays or fails to report an accident, it shall, on the basis of the punishment of Article 14 and Article 15 of these Measures, be punished with the extension of the temporary detention period of 30 to 60 days. If the time limit of temporary detention exceeds 120 days, the safety production license shall be revoked.
Article 17 If a construction enterprise refuses to make rectification within the period of temporary deduction of its safety production license, its safety production license shall be revoked.
Article 18 During the period when the safety production license of a construction enterprise is temporarily withheld, the enterprise shall not undertake new projects nationwide. Construction of a project with problems or accidents shall be stopped for rectification only after being checked and passed by the competent construction department in the place where the project is located.
Article 19 After the safety production license of a construction enterprise is revoked, it shall not apply for the safety production license again within one year from the date of the decision of revocation.
Article 20 10 working days before the expiration of the temporary deduction of the safety production license of construction enterprises, the enterprises shall apply to the issuing and administration authorities for the return of the safety production license. Upon receiving the application, the issuing and administrative authorities shall re-examine the production safety conditions of the enterprise temporarily detained, and shall issue back the production safety license upon the expiration of the period of temporary detention if the enterprise passes the re-examination. If the reexamination fails, the period of temporary deduction shall be increased until the production safety license is revoked.
Article 21 The issuing and administrative authorities shall establish a dynamic supervision and incentive system for safe production license of construction enterprises. Priority can be given to the enterprises with outstanding work safety results and no work safety license temporarily withheld for three consecutive years, and relevant preferential policies and measures can be taken in the supervision and management according to the local actual situation.
Article 22 The issuing and administrative authorities shall record the examination and approval, extension, temporary withholding and revocation of the safety production license of construction enterprises into the national information system of safety production License administration of construction enterprises within 5 working days from the date of making the relevant administrative decision, and shall be responsible for the authenticity and accuracy of the input information.
Article 23 In the dynamic supervision of the safety production license of construction enterprises, if it involves the competent departments of relevant professional construction projects, it shall be carried out according to the relevant division of responsibilities.
The competent construction departments of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government may formulate local implementation rules in accordance with these Measures.