Measures for the Administration of Safety Evaluation Institutions of the Guangdong Production Safety Supervision Administration
2019-07-27 15:03:15
ã€Promulgation Unit】Guangdong Provincial Bureau of Safety Production Supervision
[Signed] Guangdong Province Safety Supervision (2007) No. 570
ã€Promulgation Date】2007-12-03
ã€Implementation Date】2007-12-03
ã€Title】Administrative Measures for Safety Evaluation Agency of Guangdong Production Safety Supervision Administration
Measures for the Administration of Safety Evaluation Institutions of the Guangdong Production Safety Supervision Administration
Guangdong Yuejian [2007] 570
(Guangdong Provincial Bureau of Safety and Production Supervision issued on December 3, 2007, issued by Guangdong Yuejian [2007] No. 570 from December 3, 2007)
Chapter 1 General Provisions
The first is to strengthen the management of safety assessment agencies, standardize safety evaluation behaviors, and establish a fair, open, fair, and orderly safety evaluation intermediary service system to improve the level of safety assessment and service quality, in accordance with the "Safety Production Act" and "Safety." The provisions of the Regulations on the Administration of Evaluation Institutions and other laws and regulations stipulate these measures.
Article 2 The present Measures apply to agencies and safety appraisers engaged in safety assessment within the administrative area of ​​Guangdong Province and engage in statutory safety appraisal activities and safety production supervision and management departments to implement safety appraisal qualifications supervision and management. Foreign institutions applying for safety evaluation qualification certificates shall be handled in accordance with the relevant regulations of the State. Where laws and regulations provide otherwise, they shall be stipulated.
Article 3 The safety assessment agencies implement the qualification management system. Institutions engaged in safety assessment shall obtain corresponding qualification certificates and perform safety assessment activities within the business scope determined by the qualification certificate. Safety assessment personnel should obtain corresponding qualifications before they can practice. Safety assessment agencies and safety assessment personnel who have not obtained a qualification certificate may not engage in safety assessment activities.
Article 4 The qualifications for safety assessment are divided into two levels: A and B.
Grade A qualification certificates are examined, approved and issued by the State Administration of Work Safety (National Coal Mine Safety Supervision Bureau) (hereinafter collectively referred to as the State Administration of Taxation), and the specific application procedures are implemented in accordance with the relevant provisions of the State Administration of Taxation.
The Class B qualification certificate is approved and issued by the Provincial Safety Production Supervision Administration (hereinafter referred to as the Provincial Safety Supervision Bureau).
A safety assessment agency that has obtained a Class B qualification certificate may engage in safety assessment activities in Guangdong Province based on the business scope determined by the qualification certificate.
Article 5 The classification of the business scope of Class B safety assessment shall be carried out in accordance with the General Standard for Safety Evaluation (AQ8001-2007) issued by the State Administration of Work Safety. The State Administration of Work Safety Supervision and Administration has new provisions for the classification of safety assessment business scope, and its new regulations apply.
Article 6 Safety assessment agencies that have obtained Class B qualification certificates may conduct pre-evaluation, acceptance assessment and safety status assessment of construction projects with an investment scale of 200 million yuan or less in accordance with the business scope determined by the qualification certificate.
If other relevant safety assessment projects or the size of the enterprise are otherwise stipulated by the State, they shall be implemented in accordance with national regulations.
Chapter II Application Conditions and Approval Procedures
Article 7 The security assessment agency shall meet the following conditions when applying for a Class B qualification certificate:
(1) Having an independent legal personality;
(b) There are fixed places and office facilities that are suitable for the business they apply for. The office space is not less than 150 square meters and must be owned or leased through a contract. The office site should be kept unchanged for more than two years. If there is special need to relocate, the reasons should be explained and the issuing unit should be informed in a timely manner;
(3) Registered funds or start-up costs of more than 1 million yuan;
(4) Having a sound institutional charter, management system, working rules and process control system, and having the necessary technical support conditions;
(5) There are 8 full-time safety appraisers who have obtained qualifications for safety appraisers, of which at least 2 have senior professional titles or registered safety engineers and have engaged in safety work for more than 2 years. The full-time safety appraisers work for the company on a full-time basis, and the practitioners registered for the qualification certificates are the companies, and the qualification certificates remain valid;
(6) The safety appraisal personnel who are in accordance with the scope of the application business according to law sign labor contracts or employment contracts;
(7) The legal representative shall have the qualifications for safety appraisal personnel and shall, through the training and assessment conducted by the principal responsible person of the production and business operation organization organized by the State-level or higher training organization identified by the State General Administration, obtain the corresponding qualification certificate, and engage in safety work for more than two years;
(8) The full-time technical person in charge has the qualifications for safety appraisal personnel, and has a professional category of senior professional titles related to the main business within the scope of qualifications, has a safety evaluation work experience, and has engaged in safety work for more than 3 years;
(9) There are basic professional safety appraisers who apply for the scope of safety appraisal business. The basic professional requirements and number of safety appraisal personnel are in conformity with the "Basic and Professional Comparison List of Grade B Qualification Safety Appraisers of Guangdong Province";
(10) Having passed the examination by the Provincial Safety Supervision Bureau;
(11) Other conditions stipulated by laws and regulations.
Article 8 To apply for a Class B qualification certificate, follow the procedures below:
(1) Applicants with qualification requirements shall submit the application form for safety evaluation qualifications and the certification materials for the conditions prescribed in Article 7 of the present Measures to the hall of the Provincial Safety Supervision Bureau to handle the application and acceptance.
(2) The provincial bureau shall undertake and examine the application accepted, and decide the result of the examination and approval within 20 days. If the approval is passed, the qualification certificate shall be issued and submitted to the State Administration of Work Safety for the record; if the approval is not passed, the qualification certificate shall not be issued and the reason shall be stated in writing.
Article 9 If a Class A safety assessment agency outside the Guangdong Province carries out safety assessment activities within the administrative area of ​​Guangdong Province, it shall inform the Provincial Safety Supervision Bureau and the prefecture level where the project is undertaken to list the safety supervision department, and submit the following information:
(1) Grade A qualification certificate (copy) (stamping the company's official seal);
(2) A copy of the original business license of the industry and commerce (stamped with the company's official seal).
Article 10 The Class B qualification certificate is valid for 3 years. If the qualification certificate needs to be extended after the validity period expires, the safety assessment agency shall apply to the Provincial Safety Supervision Bureau for a postponement period 3 months before the expiration of the period. The formalities for the extension of qualifications shall be handled in accordance with the procedures of Article 8 of these Measures.
Article 11 If a safety assessment agency holding a Class B qualification certificate is in one of the following circumstances, it shall apply to the Provincial Safety Supervision Bureau for handling the change procedures:
(1) The division or merger of institutions;
(2) cessation of business, bankruptcy or other reasons for the termination of business;
(3) The change of legal representative.
Chapter III Safety Evaluation Organizations and Evaluators
Article 12 A safety assessment agency shall, in accordance with laws, regulations, and standards, abide by the practice guidelines, independently carry out safety assessment work according to law, faithfully reflect the safety issues evaluated, and bear legal responsibilities for the results of its safety evaluation.
Article 13 The safety assessment agency must carry out the evaluation business within the scope of the approved qualifications and submit an effective certification of the organization's qualifications to the commissioning party. When undertaking a safety evaluation project, it shall sign a safety evaluation contract with the entrusting party according to law to clarify the rights and obligations of both parties.
Article 14 The fees for safety assessment work performed by safety assessment agencies shall comply with laws and regulations. Where laws and regulations do not stipulate, they shall be charged in accordance with industry self-discipline standards or guiding standards. Do not maliciously raise or lower the evaluation fee.
Article 15 When conducting safety assessment activities, safety assessment agencies and their safety assessment personnel shall abide by professional ethics, follow the principle of honesty and trustworthiness, and shall not disclose the technical and commercial secrets of the evaluated entity. Safety assessment personnel shall go through the registration formalities in accordance with the provisions of the State, and personnel with qualification for safety evaluation may only practise in one evaluation institution.
Article 16 The safety assessment agencies and their safety assessment personnel shall be subject to the assessment organized by the Provincial Safety Supervision Bureau, and subject to supervision, inspection, and guidance from the safety production supervision and management departments at all levels, and shall not refuse safety production supervision and management departments at all levels and their work. Personnel supervision and inspection conducted in accordance with the law.
Article 17 The safety assessment agency of class B and its safety assessment personnel shall fill out the performance record record of the safety assessment agency and the record of the performance record of the safety assessment personnel every year, summarize the work situation of the safety assessment business conducted in the year, and And submitted to the provincial and local prefecture-level city safety supervision bureau for record.
Article 18 Security assessment agencies shall actively improve the level of technical strength and equipment, formulate various systems that are conducive to the company's standardized management, strengthen the work responsibility management and ideological education for security evaluation personnel, and ensure the quality of security evaluation.
Chapter IV Supervision and Management
Article 19 The production safety supervision and management department and its staff members shall adhere to the principles of openness, fairness, and impartiality, and shall strictly examine and issue qualification certificates in accordance with laws and regulations and the provisions of these Measures.
The Provincial Safety Supervision Bureau regularly publishes a list of safety assessment agencies that have obtained qualification certificates to the public and accepts social supervision.
Article 20 The production safety supervision and management department and its staff may not designate production and business entities to accept specific safety assessment agencies for safety evaluation; they may not implement regional protection in any form; they may not interfere with the normal activities of safety assessment agencies; they may not be used for any reason. Alternatively, it may collect fees from security assessment agencies or charge them in disguised form, and may not apportion them to security assessment agencies, nor may they reimburse any expenses in security assessment agencies.
Article 21 The production safety supervision and management departments at all levels shall supervise, inspect and instruct safety assessment agencies and safety assessment personnel who carry out safety assessment activities within their jurisdictions, and may adopt peer review and seek opinions from the evaluated enterprises. Conduct random inspections of evaluation reports and other methods to strengthen the supervision and management of safety assessment agencies, but may not participate in safety evaluation agencies' business activities.
Article 22 The Provincial Safety Supervision Bureau is responsible for the assessment of the safety assessment agencies of the second grade in the province and implements unified management.
The Provincial Safety Supervision Bureau conducts periodic or non-periodical assessments of the province's second-grade safety assessment agencies in accordance with the “Guangdong Province B-level Safety Assessment Agency Assessment Standards†to inform the assessment results and according to the relevant provisions of the State Administration of Work Safety Supervision, The problem is assessed by the safety evaluation agency.
Article 23 The Provincial Safety Supervision Bureau and the safety supervision departments at all levels shall promote the construction of self-discipline safety assessment and integrity construction of safety assessment, and establish and improve the management mechanism for dynamic management of qualifications and survival of the fittest. The safety assessment agencies with the disadvantages of the conditions will be supervised and the safety assessment agencies that have the following actions will be investigated and dealt with in accordance with the relevant regulations of the State Administration of Administration: issuing false safety assessment reports; transferring or lending qualification certificates; using qualifications, qualifications, or signatures; exceeding qualifications Scope to carry out safety evaluation activities; fraudulently fraudulently taking qualification certificates, forging altered qualification certificates.
Article 24 Any entity or individual has the right to report to the safety supervision departments at all levels on the violation of safety assessment agencies, and the safety supervision departments at all levels shall promptly investigate and handle and keep the informants confidential.
Article 25 The acts of the safety assessment agency violating this "Measure" shall be punished according to laws, regulations and rules such as the "Safe Production Law", "Guangdong Provincial Safety Production Regulations", and "Safety Assessment Agency Management Regulations".
Chapter 5 Supplementary Provisions
Article 26 The present Measures shall be interpreted by the Guangdong Provincial Bureau of Safety Production Supervision.
Article 27 The present Measures shall come into force as of the date of promulgation, and the original "Measures for the Administration of the Safety Evaluation Institutions of Guangdong Province" shall be abolished at the same time.
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[Signed] Guangdong Province Safety Supervision (2007) No. 570
ã€Promulgation Date】2007-12-03
ã€Implementation Date】2007-12-03
ã€Title】Administrative Measures for Safety Evaluation Agency of Guangdong Production Safety Supervision Administration
Measures for the Administration of Safety Evaluation Institutions of the Guangdong Production Safety Supervision Administration
Guangdong Yuejian [2007] 570
(Guangdong Provincial Bureau of Safety and Production Supervision issued on December 3, 2007, issued by Guangdong Yuejian [2007] No. 570 from December 3, 2007)
Chapter 1 General Provisions
The first is to strengthen the management of safety assessment agencies, standardize safety evaluation behaviors, and establish a fair, open, fair, and orderly safety evaluation intermediary service system to improve the level of safety assessment and service quality, in accordance with the "Safety Production Act" and "Safety." The provisions of the Regulations on the Administration of Evaluation Institutions and other laws and regulations stipulate these measures.
Article 2 The present Measures apply to agencies and safety appraisers engaged in safety assessment within the administrative area of ​​Guangdong Province and engage in statutory safety appraisal activities and safety production supervision and management departments to implement safety appraisal qualifications supervision and management. Foreign institutions applying for safety evaluation qualification certificates shall be handled in accordance with the relevant regulations of the State. Where laws and regulations provide otherwise, they shall be stipulated.
Article 3 The safety assessment agencies implement the qualification management system. Institutions engaged in safety assessment shall obtain corresponding qualification certificates and perform safety assessment activities within the business scope determined by the qualification certificate. Safety assessment personnel should obtain corresponding qualifications before they can practice. Safety assessment agencies and safety assessment personnel who have not obtained a qualification certificate may not engage in safety assessment activities.
Article 4 The qualifications for safety assessment are divided into two levels: A and B.
Grade A qualification certificates are examined, approved and issued by the State Administration of Work Safety (National Coal Mine Safety Supervision Bureau) (hereinafter collectively referred to as the State Administration of Taxation), and the specific application procedures are implemented in accordance with the relevant provisions of the State Administration of Taxation.
The Class B qualification certificate is approved and issued by the Provincial Safety Production Supervision Administration (hereinafter referred to as the Provincial Safety Supervision Bureau).
A safety assessment agency that has obtained a Class B qualification certificate may engage in safety assessment activities in Guangdong Province based on the business scope determined by the qualification certificate.
Article 5 The classification of the business scope of Class B safety assessment shall be carried out in accordance with the General Standard for Safety Evaluation (AQ8001-2007) issued by the State Administration of Work Safety. The State Administration of Work Safety Supervision and Administration has new provisions for the classification of safety assessment business scope, and its new regulations apply.
Article 6 Safety assessment agencies that have obtained Class B qualification certificates may conduct pre-evaluation, acceptance assessment and safety status assessment of construction projects with an investment scale of 200 million yuan or less in accordance with the business scope determined by the qualification certificate.
If other relevant safety assessment projects or the size of the enterprise are otherwise stipulated by the State, they shall be implemented in accordance with national regulations.
Chapter II Application Conditions and Approval Procedures
Article 7 The security assessment agency shall meet the following conditions when applying for a Class B qualification certificate:
(1) Having an independent legal personality;
(b) There are fixed places and office facilities that are suitable for the business they apply for. The office space is not less than 150 square meters and must be owned or leased through a contract. The office site should be kept unchanged for more than two years. If there is special need to relocate, the reasons should be explained and the issuing unit should be informed in a timely manner;
(3) Registered funds or start-up costs of more than 1 million yuan;
(4) Having a sound institutional charter, management system, working rules and process control system, and having the necessary technical support conditions;
(5) There are 8 full-time safety appraisers who have obtained qualifications for safety appraisers, of which at least 2 have senior professional titles or registered safety engineers and have engaged in safety work for more than 2 years. The full-time safety appraisers work for the company on a full-time basis, and the practitioners registered for the qualification certificates are the companies, and the qualification certificates remain valid;
(6) The safety appraisal personnel who are in accordance with the scope of the application business according to law sign labor contracts or employment contracts;
(7) The legal representative shall have the qualifications for safety appraisal personnel and shall, through the training and assessment conducted by the principal responsible person of the production and business operation organization organized by the State-level or higher training organization identified by the State General Administration, obtain the corresponding qualification certificate, and engage in safety work for more than two years;
(8) The full-time technical person in charge has the qualifications for safety appraisal personnel, and has a professional category of senior professional titles related to the main business within the scope of qualifications, has a safety evaluation work experience, and has engaged in safety work for more than 3 years;
(9) There are basic professional safety appraisers who apply for the scope of safety appraisal business. The basic professional requirements and number of safety appraisal personnel are in conformity with the "Basic and Professional Comparison List of Grade B Qualification Safety Appraisers of Guangdong Province";
(10) Having passed the examination by the Provincial Safety Supervision Bureau;
(11) Other conditions stipulated by laws and regulations.
Article 8 To apply for a Class B qualification certificate, follow the procedures below:
(1) Applicants with qualification requirements shall submit the application form for safety evaluation qualifications and the certification materials for the conditions prescribed in Article 7 of the present Measures to the hall of the Provincial Safety Supervision Bureau to handle the application and acceptance.
(2) The provincial bureau shall undertake and examine the application accepted, and decide the result of the examination and approval within 20 days. If the approval is passed, the qualification certificate shall be issued and submitted to the State Administration of Work Safety for the record; if the approval is not passed, the qualification certificate shall not be issued and the reason shall be stated in writing.
Article 9 If a Class A safety assessment agency outside the Guangdong Province carries out safety assessment activities within the administrative area of ​​Guangdong Province, it shall inform the Provincial Safety Supervision Bureau and the prefecture level where the project is undertaken to list the safety supervision department, and submit the following information:
(1) Grade A qualification certificate (copy) (stamping the company's official seal);
(2) A copy of the original business license of the industry and commerce (stamped with the company's official seal).
Article 10 The Class B qualification certificate is valid for 3 years. If the qualification certificate needs to be extended after the validity period expires, the safety assessment agency shall apply to the Provincial Safety Supervision Bureau for a postponement period 3 months before the expiration of the period. The formalities for the extension of qualifications shall be handled in accordance with the procedures of Article 8 of these Measures.
Article 11 If a safety assessment agency holding a Class B qualification certificate is in one of the following circumstances, it shall apply to the Provincial Safety Supervision Bureau for handling the change procedures:
(1) The division or merger of institutions;
(2) cessation of business, bankruptcy or other reasons for the termination of business;
(3) The change of legal representative.
Chapter III Safety Evaluation Organizations and Evaluators
Article 12 A safety assessment agency shall, in accordance with laws, regulations, and standards, abide by the practice guidelines, independently carry out safety assessment work according to law, faithfully reflect the safety issues evaluated, and bear legal responsibilities for the results of its safety evaluation.
Article 13 The safety assessment agency must carry out the evaluation business within the scope of the approved qualifications and submit an effective certification of the organization's qualifications to the commissioning party. When undertaking a safety evaluation project, it shall sign a safety evaluation contract with the entrusting party according to law to clarify the rights and obligations of both parties.
Article 14 The fees for safety assessment work performed by safety assessment agencies shall comply with laws and regulations. Where laws and regulations do not stipulate, they shall be charged in accordance with industry self-discipline standards or guiding standards. Do not maliciously raise or lower the evaluation fee.
Article 15 When conducting safety assessment activities, safety assessment agencies and their safety assessment personnel shall abide by professional ethics, follow the principle of honesty and trustworthiness, and shall not disclose the technical and commercial secrets of the evaluated entity. Safety assessment personnel shall go through the registration formalities in accordance with the provisions of the State, and personnel with qualification for safety evaluation may only practise in one evaluation institution.
Article 16 The safety assessment agencies and their safety assessment personnel shall be subject to the assessment organized by the Provincial Safety Supervision Bureau, and subject to supervision, inspection, and guidance from the safety production supervision and management departments at all levels, and shall not refuse safety production supervision and management departments at all levels and their work. Personnel supervision and inspection conducted in accordance with the law.
Article 17 The safety assessment agency of class B and its safety assessment personnel shall fill out the performance record record of the safety assessment agency and the record of the performance record of the safety assessment personnel every year, summarize the work situation of the safety assessment business conducted in the year, and And submitted to the provincial and local prefecture-level city safety supervision bureau for record.
Article 18 Security assessment agencies shall actively improve the level of technical strength and equipment, formulate various systems that are conducive to the company's standardized management, strengthen the work responsibility management and ideological education for security evaluation personnel, and ensure the quality of security evaluation.
Chapter IV Supervision and Management
Article 19 The production safety supervision and management department and its staff members shall adhere to the principles of openness, fairness, and impartiality, and shall strictly examine and issue qualification certificates in accordance with laws and regulations and the provisions of these Measures.
The Provincial Safety Supervision Bureau regularly publishes a list of safety assessment agencies that have obtained qualification certificates to the public and accepts social supervision.
Article 20 The production safety supervision and management department and its staff may not designate production and business entities to accept specific safety assessment agencies for safety evaluation; they may not implement regional protection in any form; they may not interfere with the normal activities of safety assessment agencies; they may not be used for any reason. Alternatively, it may collect fees from security assessment agencies or charge them in disguised form, and may not apportion them to security assessment agencies, nor may they reimburse any expenses in security assessment agencies.
Article 21 The production safety supervision and management departments at all levels shall supervise, inspect and instruct safety assessment agencies and safety assessment personnel who carry out safety assessment activities within their jurisdictions, and may adopt peer review and seek opinions from the evaluated enterprises. Conduct random inspections of evaluation reports and other methods to strengthen the supervision and management of safety assessment agencies, but may not participate in safety evaluation agencies' business activities.
Article 22 The Provincial Safety Supervision Bureau is responsible for the assessment of the safety assessment agencies of the second grade in the province and implements unified management.
The Provincial Safety Supervision Bureau conducts periodic or non-periodical assessments of the province's second-grade safety assessment agencies in accordance with the “Guangdong Province B-level Safety Assessment Agency Assessment Standards†to inform the assessment results and according to the relevant provisions of the State Administration of Work Safety Supervision, The problem is assessed by the safety evaluation agency.
Article 23 The Provincial Safety Supervision Bureau and the safety supervision departments at all levels shall promote the construction of self-discipline safety assessment and integrity construction of safety assessment, and establish and improve the management mechanism for dynamic management of qualifications and survival of the fittest. The safety assessment agencies with the disadvantages of the conditions will be supervised and the safety assessment agencies that have the following actions will be investigated and dealt with in accordance with the relevant regulations of the State Administration of Administration: issuing false safety assessment reports; transferring or lending qualification certificates; using qualifications, qualifications, or signatures; exceeding qualifications Scope to carry out safety evaluation activities; fraudulently fraudulently taking qualification certificates, forging altered qualification certificates.
Article 24 Any entity or individual has the right to report to the safety supervision departments at all levels on the violation of safety assessment agencies, and the safety supervision departments at all levels shall promptly investigate and handle and keep the informants confidential.
Article 25 The acts of the safety assessment agency violating this "Measure" shall be punished according to laws, regulations and rules such as the "Safe Production Law", "Guangdong Provincial Safety Production Regulations", and "Safety Assessment Agency Management Regulations".
Chapter 5 Supplementary Provisions
Article 26 The present Measures shall be interpreted by the Guangdong Provincial Bureau of Safety Production Supervision.
Article 27 The present Measures shall come into force as of the date of promulgation, and the original "Measures for the Administration of the Safety Evaluation Institutions of Guangdong Province" shall be abolished at the same time.
This article can go to "China Security Industry Network" browse URL: http://?ArticleID=49020
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