Regulations of the Work Safety License Regulation (Revised in 2013)

Regulations of the Work Safety License Regulation (Revised in 2013)

Order of the State Council No.638

July 18, 2013

(Promulgated by Order of State Council No.397 on January 13, 20040; revised further according to the Decision of the State Council on Abolishing and Revising Some Administrative Laws and Regulations on July 18, 2013)

Article 1 This Regulation is hereby formulated in accordance with the Work Safety Law of the People's Republic of China, with the goal of strictly regulating work safety conditions, further enhancing work safety supervision and administration, and as a result preventing and reducing work-related accidents.

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

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 Provinces, Autonomous Regions, and Municipalities directly under the Central Government, are charged with the issuance and administration of work safety licenses for enterprises falling outside the scope of the preceding paragraph which are engaged in non-coal mining, and the production of dangerous chemicals, fireworks and crackers, and are subject to the guidance and supervision of the Department of Work Safety Supervision and Administration under the State Council.
The Coal Mine Safety Inspection State Authority shall be in charge of issuance and administration of work safety licenses for coal mining enterprises which are subject to the management of central authorities.
The Coal Mine Safety Inspection Authorities 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 are subject to the guidance and administration of the Coal Mine Safety Inspection State Authority.

Article 4 The competent construction administrative departments 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 and are subject to the guidance and supervision of the competent construction authority under the State Council.

Article 5 The Administrative Department of Science, Technology and National Defense Industry under the State Council shall be in charge of the issuance and administration of work safety licenses for enterprises engaged in the production of civil use explosive material.

Article 6 To obtain a work safety license, an enterprise shall satisfy the following work safety conditions:
1.
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