3 The term "serious dishonesty in production safety" (hereinafter referred to as "serious dishonesty") as mentioned in these Measures refers to the acts of the relevant production and business units and the institutions and their personnel responsible for safety evaluation, certification, testing and inspection, which are subject to administrative penalties for production safety accidents or violations of laws and regulations on production safety, and which are of a bad nature and serious circumstances. The management of the list of subjects of
serious dishonesty refers to the management activities of the emergency management department to include and remove the production and operation units or institutions and their related personnel of serious dishonesty from the list of subjects of serious dishonesty according to law, to implement punishment or credit repair, and to record, share and publicize 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 subjects of serious dishonesty throughout the country; the emergency management departments at the provincial level and at the municipal level with districts shall be responsible for organizing, implementing and guiding the management of the list of subjects of serious dishonesty of the emergency management departments at the next lower level. Local emergency management departments at or above
the county level shall be responsible for the management of the list of serious dishonest subjects within their respective administrative areas. According to the principle of "who punishes, who decides and who is responsible", the emergency management department that makes the decision on administrative penalty is responsible for the management of the list of subjects with serious dishonesty. Article
5 Emergency management departments at all levels shall establish and improve the information management system for the list of subjects with serious dishonesty and strengthen the protection of information. Promote information sharing and sharing with other departments, improve the information inquiry, application and feedback mechanism of the list of serious dishonest subjects, and implement joint punishment in accordance with the law and regulations. Chapter
II Listing Conditions and Management Measures
Article 6 The following production and business operation entities and their relevant personnel that have had production safety accidents shall be included in the list of subjects of serious dishonesty:
(1) The production and business operation entities and their principal responsible persons that have had particularly serious or major production safety accidents. As well as other entity and persons who, aft investigation, are found to be responsible for that accidents and should be included in the list;
(2) the production and business operation entities and the major person-in-charge thereof that have accumulatively had two or more major production safety accidents within 12 months;
(3) If a production safety accident occurs, the circumstances are particularly serious and the impact is particularly bad, the production and business operation unit and its principal person in charge shall be fined not less than two times but not more than five times the amount of the fine in accordance with the provisions of Article 114 of the Safety Production Law of the People's Republic of China;
(4) The production and business operation entities that underreport or make a false report about a production safety accident, as well as the relevant responsible persons;
(5) The major person-in-charge of the production and business operation entity who fails to organize rescues immediately after the occurrence of a production safety accident, or who leaves his position without permission or goes into hiding during the investigation and handling of the accident. Article
7 The following production and business operation units or institutions and their relevant personnel who have not been involved in production safety accidents but have been subject to administrative penalties for illegal acts in production safety shall be subject to administrative penalties. Shall be included in the list of subjects of serious dishonesty:
(1) Production and business operation entities and their principal responsible persons engaged in relevant production and business operation activities during the period when they fail to obtain relevant production safety permits in accordance with the law or when their permits are temporarily withheld or revoked;
(2) Institutions responsible for safety evaluation, certification, testing and inspection and their directly responsible persons lease qualifications, affiliation, and issue false reports or certificates;
(3) The production and business operation entity and its principal responsible person who have the ability to refuse to execute or evade execution after the emergency management department has imposed administrative penalties;
(4) Other violations of safety production laws and regulations are subject to administrative penalties, and the nature is bad and the circumstances are serious. Article
8 The emergency management department may take the following management measures for the objects listed in the list of subjects of serious dishonesty (hereinafter referred to as the listed objects):
(1) Publicizing relevant information on the national credit information sharing platform, the national enterprise credit information publicity system and the departmental government websites;
(2) Increase the frequency of law enforcement inspection, suspend the examination and approval of projects, and prohibit the entry of industries or occupations;
(3) Do not apply the management measures based on good faith such as the notification commitment system;
(4) Cancel the qualification of participating in the evaluation organized by the emergency management department;
(5) to impose restrictions on applications for government-funded projects, financial support, etc.; and
(6) other management measures prescribed by laws, administrative regulations, and policy documents of the CPC Central Committee and the State Council. Chapter
III Procedures
for Inclusion and Removal Article 9 Before making a written decision to be included in the list of subjects of serious dishonesty, the emergency management department shall inform the parties concerned. The content of the notification shall include such matters as the time of inclusion, the cause, the basis, the prompt of management measures and the rights enjoyed according to law. Article
10 If the emergency management department makes a decision to be included in the list of subjects of serious dishonesty, it shall issue a written decision. The contents of the written decision shall include the name of the market subject, the unified social credit code, the name of the relevant personnel and the number of valid identity documents, the time of inclusion, the reasons, the basis, the prompt of management measures, the conditions and procedures for credit repair, and the ways of relief. The procedures of
notification, service and objection handling shall be implemented in accordance with the relevant provisions of the Administrative Punishment Law of the People's Republic of China. Article
11 The emergency management department shall input the relevant information into the safety production credit information management system within three working days after making the decision to be included in the list of subjects of serious dishonesty; Within 20 working days after making the decision to be included in the list of subjects of serious dishonesty, the information of subjects of serious dishonesty shall be publicized through the relevant national credit information sharing platform, the national enterprise credit information publicity system and the departmental government websites. Article
12 The public information of the listed objects includes the name of the market subject, the registered address, the unified social credit code, the name of the relevant personnel and the number of valid identity documents, the period of management, the department making the decision, etc. The protection of information security, personal privacy and business secrets should be strengthened for the information used for social publicity. Article
13 The management period of the list of subjects with serious dishonesty shall be 3 years. After the expiration of the management period, the emergency management department that has made the decision to be included in the list of subjects of serious dishonesty shall be responsible for the removal, and shall stop publicizing and lifting the management measures.
The listed object may apply for early removal after 12 months from the date of being included in the list of subjects of serious dishonesty. In accordance with laws, administrative regulations or the provisions of the State Council, those who have not expired the period of prohibition of entry into the profession or industry shall not be removed in advance. Article
14 Within three working days after making the decision to remove the list of subjects with serious dishonesty, the emergency management department responsible for the 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 Where the basis for inclusion in the list of subjects of serious dishonesty has changed, the emergency management department shall re-examine and confirm it. If it does not conform to the situation of being included in the list of subjects of serious dishonesty, the emergency management department that has made the decision to be included shall revoke the decision to be included, immediately remove the parties from the list of subjects of serious dishonesty and stop publicizing and lifting the management measures. Article
16 If the listed object refuses to accept the decision of listing, it may apply for administrative reconsideration or Institute administrative litigation in accordance with the law. Chapter
IV Credit Repair
Article 17 The listed objects are encouraged to carry out credit repair, correct dishonest behavior and eliminate adverse effects. If it meets the conditions for credit repair, the emergency management department shall, in accordance with the relevant provisions, remove it from the list of subjects of serious dishonesty and lift the management measures.Article
18 Those who have been listed in the list of subjects of serious dishonesty for 12 months and meet the following conditions may apply to the emergency management department that has made the decision of listing for early removal:
(1) Having fulfilled the obligations stipulated in the decision of administrative penalty;
(2) It has taken the initiative to eliminate the harmful consequences or adverse effects;
(3) It has not committed any serious breach of trust as stipulated in Articles 6 and 7 of these Measures. Article
19 Where a listed person applies to be removed from the list of subjects of serious dishonesty in advance, an application shall be submitted to the emergency management department that has made the decision to be included. 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 or not within five working days after receiving the application for early removal of the list of subjects with serious dishonesty. If the application materials are complete and meet the requirements, they shall be accepted. Article
20 The emergency management department shall verify within 20 working days from the date of accepting the application for early removal of the list of subjects with serious dishonesty, and decide whether to grant early removal. A written decision shall be made and delivered to the listed object in accordance with the relevant provisions; if the listed object is not removed in advance, the reasons shall be explained. If the emergency management departments at the municipal and county levels
with districts make a decision to approve the removal of the list of subjects with serious dishonesty in advance, they shall report to the emergency management departments at the next higher level through the safety production credit information management system. Article
21 If the emergency management department finds that there is any concealment of the true situation or fraud in the list of subjects who have been included in the application for early removal of serious dishonesty, it shall revoke the decision of early removal and restore the status of inclusion. The list management period shall be recalculated from the date of resumption of listing status. Article
22 If the listed object refuses to accept the decision not to move out in advance, it may apply for administrative reconsideration or Institute administrative litigation in accordance with the law. Chapter
V Supplementary Provisions
Article 23 Where laws, administrative regulations and policy documents of the Party Central Committee and the State Council provide otherwise for the management of the list of subjects of serious dishonesty, such provisions shall be implemented. Article
24 The administration of the list of subjects of serious dishonesty by the mine safety supervision institutions may be carried out with reference to these Measures. Article
25 These Measures shall come into force on October 1, 2023. Notice of the State Administration of Safety Supervision on the Issuance of the Implementation Measures for Joint Punishment of Dishonest Acts in the Field of Safety Production (No.49 of the General Office of Safety Supervision) and Notice of the General Office of the State Administration of Safety Supervision on Further Strengthening the Information Management of Dishonest Acts in the Field of Safety Production (No.59 of the General Office of Safety Supervision) are abolished at the same time.
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