Provisions of the State Council on the Investigation of Administrative Liability for Major Safety Accidents

Time:2023-06-26
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From:www.mem.gov.cn
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Views:472

Article 1 These Regulations are formulated to effectively prevent the occurrence of major safety accidents, strictly investigate administrative responsibilities for major safety accidents, and protect the lives and property of the people.


Article 2 If the main leaders of local people's governments and the principal persons in charge of relevant government departments are negligent or derelict in duty or bear leadership responsibility for the prevention and occurrence of the following major safety accidents in accordance with the provisions of laws, administrative regulations and these Regulations, they shall be given administrative sanctions in accordance with these Regulations; if they constitute the crime of dereliction of duty or other crimes, they shall be held criminally liable in accordance with the law:


(1) Major fire accidents;


(2) Major traffic safety accidents;


(3) Major construction quality safety accidents;


(4) Major safety accidents involving civilian explosives and dangerous chemicals;


(5) Major safety accidents in coal mines and other mines;


(6) Major safety accidents involving boilers, pressure vessels, pressure pipelines and special equipment;


(7) Other major safety accidents.


The local people's governments and relevant government departments shall impose administrative sanctions on the supervisors and other directly responsible persons who are directly responsible for the prevention and occurrence of major safety accidents in accordance with these provisions; if they constitute the crime of dereliction of duty or other crimes, they shall be held criminally liable in accordance with the law.


The criminal penalties, administrative penalties and civil liabilities of the units and individuals causing major safety accidents shall be implemented in accordance with the relevant laws, regulations and rules.


Article 3 The specific standards for major safety accidents shall be implemented in accordance with relevant national regulations.


Article 4 Local people's governments at all levels and relevant government departments shall take administrative measures in accordance with the relevant laws, regulations and rules to implement safety supervision and management in their respective regions, safeguard the lives and property safety of the people in their respective regions, and be responsible for preventing the occurrence of major safety accidents in their respective regions or within their respective responsibilities, and for the prompt and proper handling of major safety accidents after they occur.


Article 5 Local people's governments at all levels shall hold a work meeting on preventing major safety accidents at least once a quarter, and the main leaders of the government or the leaders in charge of the government entrusted by the main leaders of the government shall convene the principals of relevant departments to participate in the meeting to analyze, arrange, supervise and inspect the work of preventing major safety accidents in their respective regions. The meeting shall make a decision and form a minutes, and all preventive measures determined at the meeting must be strictly implemented.


Article 6 The municipal (prefectural, state), county (city, district) people's government shall organize relevant departments to clarify responsibilities and take measures for the prevention of safety accidents in units, facilities and places that are prone to major safety accidents in the region in accordance with the division of responsibilities, and organize relevant departments to conduct strict inspections on the above-mentioned units, facilities and places.


Article 7 The municipal (prefectural, state), county (city, district) people's government must formulate emergency response plans for major safety accidents in the region. After being signed by the main leaders of the government, the emergency response plans for major safety accidents in the region shall be submitted to the people's government at the next higher level for filing.


Article 8 The municipal (prefectural, state), county (city, district) people's government shall organize relevant departments to investigate and deal with the hidden dangers of various types of major safety accidents listed in Article 2 of these Regulations; if major safety accident hidden dangers are found, they shall be ordered to be eliminated immediately; if safety cannot be guaranteed before or during the elimination of major safety accident hidden dangers, they shall be ordered to temporarily suspend production, business or use. If laws and administrative regulations have other provisions on the investigation and handling organs, they shall be followed.


Article 9: Municipal (prefecture, state), county (city, district) people's governments and their relevant departments shall immediately report to the superior people's government or relevant government departments with jurisdiction or responsibility if the hidden dangers of major safety accidents in their regions are beyond their jurisdiction or scope of responsibility; in case of emergency, emergency measures including ordering temporary suspension of production and business may be taken immediately, and reports shall be made at the same time; upon receiving the report, the relevant superior people's government or relevant government departments shall immediately organize investigation and punishment.


Article 10: Primary and secondary schools must ensure the safety of students when conducting labor skills education for students and organizing students to participate in social practice activities such as public welfare labor. It is strictly prohibited to organize students to engage in labor or other dangerous labor involving contact with flammable, explosive, toxic, harmful and other dangerous goods in any form or name. It is strictly prohibited to rent out school venues as production and operation sites for flammable, explosive, toxic, harmful and other dangerous goods.


If primary and secondary schools violate the provisions of the preceding paragraph, the principal leaders of the county (city, district) and township (town) people's governments and the principals of the education administrative departments of the county (city, district) people's governments shall be given administrative sanctions such as demerits, demotions, or even dismissals according to the severity of the circumstances, according to the affiliation of the school; if the crime of dereliction of duty or other crimes is constituted, criminal liability shall be investigated in accordance with the law.


If primary and secondary schools violate the provisions of the first paragraph of this article, the principal shall be given administrative sanctions of dismissal, and the direct organizers shall be given administrative sanctions of expulsion from public office; if the crime of illegal manufacture of explosives or other crimes is constituted, criminal liability shall be investigated in accordance with the law.


Article 11 Government departments or institutions responsible for administrative approval (including approval, verification, licensing, registration, certification, issuance of licenses, completion acceptance, etc., the same below) of matters involving production safety must strictly review in accordance with the safety conditions and procedures stipulated by laws, regulations and rules; approval shall not be granted if the safety conditions stipulated by laws, regulations and rules are not met; if the safety conditions stipulated by laws, regulations and rules are not met, fraud is used to obtain approval by deception or collusion with administrative approval staff to obtain approval, the government department or institution responsible for administrative approval shall, in addition to immediately revoking the original approval, impose administrative penalties on the party who obtained approval by fraud or collusion with administrative approval staff in accordance with the law; if it constitutes the crime of bribery or other crimes, criminal liability shall be pursued in accordance with the law.


If the government department or institution responsible for administrative approval violates the provisions of the preceding paragraph and approves the safety conditions that do not meet the requirements of laws, regulations and rules, the person in charge of the department or institution shall be given administrative sanctions of demotion, dismissal or even expulsion from public office according to the severity of the circumstances; if he colludes with the parties, he shall be expelled from public office; if he constitutes the crime of bribery, dereliction of duty or other crimes, he shall be investigated for criminal responsibility in accordance with the law.


Article 12 The government department or institution responsible for administrative approval must strictly supervise and inspect the units and individuals that have obtained approval in accordance with the provisions of the first paragraph of Article 11 of these Regulations; if it is found that they no longer meet the safety conditions, the original approval must be revoked immediately.


If the government department or institution responsible for administrative approval violates the provisions of the preceding paragraph; fails to strictly supervise and inspect the units and individuals that have obtained approval, or fails to immediately revoke the original approval when it is found that they no longer meet the safety conditions, the person in charge of the department or institution shall be given administrative sanctions of demotion or dismissal according to the severity of the circumstances; if he constitutes the crime of bribery, dereliction of duty or other crimes, he shall be investigated for criminal responsibility in accordance with the law.


Article 13: If a government department or institution responsible for administrative approval discovers or receives a report of a person who engages in relevant activities without obtaining approval in accordance with the law, it shall immediately seal up or ban the business and impose administrative penalties in accordance with the law; if the business unit is a business unit, the industrial and commercial administrative department shall revoke its business license accordingly in accordance with the law.


If the government department or institution responsible for administrative approval violates the provisions of the preceding paragraph and does not seal up or ban the business or impose administrative penalties in accordance with the law for the person who engages in relevant activities without obtaining approval in accordance with the law, and the industrial and commercial administrative department does not revoke the business license, the person in charge of the department or institution shall be given administrative sanctions of demotion or dismissal according to the severity of the circumstances; if the crime of accepting bribes, dereliction of duty or other crimes is constituted, criminal liability shall be pursued in accordance with the law.


Article 14 If the municipal (prefectural, state) or county (city, district) people's government fails to perform its duties as required by these Provisions, or fails to perform its duties and procedures as required, and a major safety accident occurs in the region, the main leaders of the government shall be given administrative sanctions of demotion or dismissal according to the severity of the circumstances; if the crime of dereliction of duty is constituted, criminal liability shall be investigated according to law.


If the government departments or institutions responsible for administrative approval and the relevant government departments responsible for safety supervision and management fail to perform their duties in accordance with these Provisions, and a major safety accident occurs, the principal person in charge of the department or institution shall be given administrative sanctions of dismissal or expulsion from public office according to the severity of the circumstances; if the crime of dereliction of duty or other crimes is constituted, criminal liability shall be investigated according to law.


Article 15 If a major safety accident occurs and the social impact is particularly bad or the nature is particularly serious, the State Council shall impose administrative sanctions on the provincial governors, autonomous region chairmen, mayors of municipalities directly under the central government and the principal persons in charge of the relevant departments of the State Council who bear leadership responsibility.


Article 16 After a major safety accident occurs, the relevant county (city, district), city (prefecture, state) and province, autonomous region, municipality directly under the Central Government people's government and relevant government departments shall immediately report it in accordance with the procedures and time limits prescribed by the State, and shall not conceal, report falsely or delay reporting, and shall cooperate and assist in the investigation of the accident, and shall not hinder or interfere with the investigation of the accident in any way.


After a major safety accident occurs, if the relevant local people's government and relevant government departments violate the provisions of the preceding paragraph, the main leaders of the government and the principal persons in charge of the government departments shall be given administrative sanctions of demotion.


Article 17 After a major safety accident occurs, the relevant local people's government shall promptly organize rescue, and the relevant departments shall obey the command and dispatch, participate in or cooperate in the rescue, and minimize the losses caused by the accident.


Article 18 After a major safety accident occurs, the provincial, autonomous region, and municipality directly under the Central Government people's government shall promptly and truthfully release the accident news in accordance with relevant national regulations.


Article 19 After a major safety accident occurs, an investigation team shall be organized to investigate the accident in accordance with relevant national regulations. The accident investigation shall be completed within 60 days from the date of the accident, and the investigation team shall submit an investigation report; in case of special circumstances, the time may be appropriately extended after the investigation team proposes and reports to the State Safety Supervision and Administration Agency for approval. The investigation report shall include opinions on the investigation of administrative or other legal responsibilities of the relevant responsible persons in accordance with these provisions.


The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall make a decision on the handling of the relevant responsible persons within 30 days from the date of submission of the investigation report; if necessary, the State Council may make a decision on the handling of the relevant responsible persons for major safety accidents.


Article 20 If a local people's government or government department obstructs or interferes with the investigation of administrative responsibilities of the relevant responsible persons for major safety accidents, the main leaders of the local people's government or the principal person in charge of the government department shall be given administrative sanctions of demotion or dismissal according to the severity of the circumstances.


Article 21 Any unit or individual has the right to report the hidden dangers of major safety accidents to the relevant local people's government or government department, and has the right to report to the higher-level people's government or government department the failure of the local people's government or government department to perform safety supervision and management duties or to perform duties in accordance with regulations. The relevant people's government or government department that receives the report or complaint shall immediately organize an investigation into the potential safety hazard, or investigate and deal with the reported failure to perform or perform safety supervision and management duties in accordance with the regulations.


Article 22 The supervisory authority shall supervise the performance of safety supervision and management duties by local people's governments and government departments at all levels and their staff in accordance with the provisions of the Administrative Supervision Law.


Article 23 The measures for preventing and investigating administrative responsibilities for safety accidents other than major safety accidents shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with these regulations.


Article 24 These regulations shall come into force on the date of promulgation.


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