News Information

The "Management Measures for the List of Seriously Dishonest Entities in Work Safety" has been reviewed and approved at the 16th Ministerial Meeting of the Ministry of Emergency Management on July 17, 2023, and is hereby promulgated and will be implemented from October 1, 2023.

Minister Wang Xiangxi

August 8, 2023

Management Measures for the List of Seriously Dishonest Entities in Work Safety

Chapter I General Provisions

Article 1 In order to strengthen the construction of the credit system in the field of work safety and standardize the management of the list of seriously dishonest entities in work safety, these Measures are formulated in accordance with the "Work Safety Law of the People's Republic of China" and other relevant laws and administrative regulations.

Article 2 These Measures apply to the management of the list of seriously dishonest entities in work safety in the fields of mining (including tailings ponds), chemical industry (including petrochemical industry), medicine, hazardous chemicals, fireworks and firecrackers, oil extraction, metallurgy, nonferrous metals, building materials, machinery, light industry, textiles, tobacco, commerce and trade, and institutions and their personnel that undertake safety evaluation, certification, testing and inspection responsibilities.

Article 3 The serious dishonesty in production safety (hereinafter referred to as serious dishonesty) as mentioned in these Measures refers to the behavior of relevant production and operation units and institutions and their personnel who undertake the duties of safety evaluation, certification, testing and inspection, which are subject to administrative penalties due to production safety accidents or violations of laws and regulations on production safety, and the behavior is of a bad nature and serious circumstances.

The management of the list of seriously dishonest entities refers to the management activities such as the emergency management department including or removing seriously dishonest production and operation units or institutions and their relevant personnel from the list of seriously dishonest entities in accordance with the law, implementing punishment or credit repair, and recording, sharing and publicizing relevant information.

Article 4 The emergency management department of the State Council shall be responsible for organizing and guiding the management of the list of seriously dishonest entities nationwide; the provincial and municipal emergency management departments shall be responsible for organizing, implementing and guiding the management of the list of seriously dishonest entities by the next level of emergency management departments.

Local emergency management departments at or above the county level shall be responsible for the management of the list of seriously dishonest entities within their administrative regions. In accordance with the principle of "who punishes, who decides, who is responsible", the emergency management department that makes the administrative penalty decision shall be responsible for the management of the list of seriously dishonest entities.

Article 5 Emergency management departments at all levels shall establish and improve the information management system for the list of seriously dishonest entities and strengthen information protection. Promote information sharing and sharing with other departments, improve the information query, application and feedback mechanism of the list of serious dishonest entities, and implement joint punishment in accordance with laws and regulations.

Chapter II Inclusion Conditions and Management Measures

Article 6 The following production and operation units and relevant personnel that have production safety accidents shall be included in the list of serious dishonest entities:

(1) Production and operation units and their main responsible persons that have caused particularly serious or serious production safety accidents, as well as other units and personnel that have been found responsible for the accident after investigation and should be included in the list;

(2) Production and operation units and their main responsible persons that have caused more than 2 major production safety accidents within 12 months;

(3) Production and operation units and their main responsible persons that have been fined more than 2 times but less than 5 times the amount of fines in accordance with Article 114 of the "Safety Production Law of the People's Republic of China" for production safety accidents with particularly serious circumstances and particularly bad effects;

(4) Production and operation units and relevant responsible persons who conceal or falsely report production safety accidents;

(5) The main responsible persons of production and operation units who fail to immediately organize rescue after a production safety accident or leave their posts or flee during the investigation and handling of the accident.

Article 7 The following production and operation units or institutions and their relevant personnel, which have not caused any production safety accidents but have been subject to administrative penalties for illegal production safety behaviors, shall be included in the list of serious dishonest entities:

(i) Production and operation units and their main responsible persons who have not obtained relevant production safety licenses in accordance with the law or have engaged in relevant production and operation activities during the period when the licenses have been temporarily withheld or revoked;

(ii) Institutions responsible for safety evaluation, certification, testing, and inspection and their directly responsible personnel who rent qualifications, hang on to others, or issue false reports or certificates;

(iii) Production and operation units and their main responsible persons who have the ability to execute or evade execution after the emergency management department has made administrative penalties;

(iv) Other violations of production safety laws and regulations that have been subject to administrative penalties, and the nature of the violations is bad and the circumstances are serious.

Article 8 The emergency management department may take the following management measures against the subjects included in the list of serious dishonest subjects (hereinafter referred to as the included subjects):

(i) Publicize relevant information on the relevant national credit information sharing platform, the national enterprise credit information disclosure system and the government website of the department;

(ii) Increase the frequency of law enforcement inspections, suspend project approval, and implement industry or occupational bans;

(iii) Do not apply management measures based on integrity such as the notification and commitment system;

(iv) Cancel the qualification to participate in the evaluation organized by the emergency management department;

(v) Restrict the application of government funding projects and financial support;

(vi) Other management measures stipulated by laws, administrative regulations and policy documents of the Party Central Committee and the State Council.

Chapter III Listing and Removal Procedures

Article 9 Before the emergency management department makes a written decision to include a subject in the list of serious dishonest subjects, it shall inform the party concerned. The content of the notification shall include the time, reason, basis, management measures and rights enjoyed according to law.

Article 10 If the emergency management department makes a decision to include a subject in the list of serious dishonest subjects, it shall issue a written decision. The written decision shall include the name of the market entity, unified social credit code, name and valid ID number of relevant personnel, time of inclusion, reason, basis, reminder of management measures, conditions and procedures for credit repair, relief channels and other matters.

The procedures for notification, delivery, objection handling and other procedures shall refer to the relevant provisions of the Administrative Penalty Law of the People's Republic of China for implementation.

Article 11 The emergency management department shall enter the relevant information into the safety production credit information management system within 3 working days after making the decision to include the serious dishonest entity in the list; within 20 working days after making the decision to include the serious dishonest entity in the list, publicize the information of the serious dishonest entity through the relevant national credit information sharing platform, the national enterprise credit information disclosure system and the government website of the department.

Article 12 The public information of the included object includes the name of the market entity, the registered address, the unified social credit code, the name and valid ID number of the relevant personnel, the management period, the department making the decision and other matters. Information used for public disclosure shall strengthen the protection of information security, personal privacy and commercial secrets.

Article 13 The management period of the list of serious dishonest entities is 3 years. After the management period expires, the emergency management department that made the decision to include the subject in the list of serious dishonest entities shall be responsible for removing the subject from the list, and shall stop publicizing and lifting the management measures.

The subject may apply for early removal after 12 months from the date of inclusion in the list of serious dishonest entities. Those who have not yet expired the period of occupational or industrial prohibition implemented in accordance with laws, administrative regulations or the provisions of the State Council shall not be removed in advance.

Article 14 Within 3 working days after making the decision to remove the subject from the list of serious dishonest entities, the emergency management department responsible for removal shall modify the relevant information in the safety production credit information management system, and stop publicizing and lifting the management measures within 10 working days.

Article 15 If the basis for inclusion in the list of serious dishonest entities changes, the emergency management department shall re-examine and determine. If the subject does not meet the conditions for inclusion in the list of serious dishonest entities, the emergency management department that made the inclusion decision shall revoke the inclusion decision, immediately remove the subject from the list of serious dishonest entities, and stop publicizing and lifting the management measures.

Article 16 If the subject is dissatisfied with the inclusion decision, he or she may apply for administrative reconsideration or initiate administrative litigation in accordance with the law.

Chapter 4 Credit Repair

Article 17 The listed subjects are encouraged to repair their credit, correct dishonest behaviors and eliminate adverse effects. If they meet the conditions for credit repair, the emergency management department shall remove them from the list of serious dishonest entities and lift the management measures in accordance with relevant regulations.

Article 18 If the listed subjects have been included in the list of serious dishonest entities for 12 months and meet the following conditions, they may apply to the emergency management department that made the inclusion decision for early removal:

(i) The obligations specified in the administrative penalty decision have been fulfilled;

(ii) The harmful consequences or adverse effects have been eliminated on their own initiative;

(iii) The serious dishonest behaviors specified in Articles 6 and 7 of these Measures have not occurred again.

Article 19 If the listed subjects apply for early removal from the list of serious dishonest entities, they shall apply to the emergency management department that made the inclusion decision. The application materials include the application form and the relevant certification materials specified in Article 18 of these Measures.

The emergency management department shall make a decision on whether to accept the application for early removal from the list of serious dishonest entities within 5 working days after receiving it. If the application materials are complete and meet the conditions, it shall be accepted.

Article 20 The emergency management department shall conduct verification within 20 working days from the date of accepting the application for early removal from the list of seriously dishonest entities and decide whether to approve the early removal. A decision letter shall be prepared and delivered to the listed subject in accordance with relevant regulations; if the early removal is not approved, the reasons shall be stated.

If the municipal or county-level emergency management department makes a decision to approve the early removal of the list of seriously dishonest entities, it shall report to the higher-level emergency management department through the safety production credit information management system.

Article 21 If the emergency management department finds that the listed subject has concealed the truth or engaged in fraud in the application for early removal from the list of seriously dishonest entities, it shall revoke the early removal decision and restore the listing status. The list management period shall be recalculated from the date of restoration of the listing status.

Article 22 If the listed subject is dissatisfied with the decision not to remove the subject in advance, he or she may apply for administrative reconsideration or initiate administrative litigation in accordance with the law.

Chapter V Supplementary Provisions

Article 23 If laws, administrative regulations and policy documents of the Party Central Committee and the State Council have other provisions on the management of the list of seriously dishonest entities, they shall be implemented in accordance with such provisions.

Article 24 The management of the list of seriously dishonest entities by mine safety supervision agencies may refer to these Measures.

Article 25 These Measures shall come into force on October 1, 2023. The Notice of the State Administration of Work Safety on Issuing the Implementation Measures for Joint Punishment of Dishonest Behaviors in the Field of Work Safety (No. 49 of the General Office of the State Administration of Work Safety [2017]) and the Notice of the General Office of the State Administration of Work Safety on Further Strengthening the Management of Information on Dishonest Behaviors in the Field of Work Safety (No. 59 of the General Office of the State Administration of Work Safety [2017]) shall be repealed at the same time.