On January 15, the Ministry of Emergency Management of the People's Republic of China issued Order No.14. The Provisions on Fines and Penalties for Production Safety Accidents, which were deliberated and adopted at the 32nd ministerial meeting of the Ministry of Emergency Management on December 25, 2023, are hereby promulgated and shall come into force as of March 1, 2024.
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1 In order to prevent and reduce production safety accidents, the legal liability of the units where production safety accidents occur and the relevant responsible persons shall be strictly investigated, and the administrative penalties for accident fines shall be correctly applied. These Provisions are formulated in accordance with the provisions of the Administrative Punishment Law of the People's Republic of China, the Safety Production Law of the People's Republic of China and the Regulations on the Reporting, Investigation and Handling of Production Safety Accidents. Article
2 Emergency management departments and mine safety supervision institutions shall be responsible for the units where production safety accidents occur (hereinafter referred to as the units where accidents occur) and their principal responsible persons, other responsible persons, safety production management personnel and directly responsible persons in charge. These Provisions shall apply to the administrative penalties imposed on other directly responsible persons and other relevant responsible persons in accordance with the Safety Production Law of the People's Republic of China and the Regulations on the Reporting, Investigation and Handling of Production Safety Accidents. Article
3 The term "accident-occurring unit" as mentioned in these Provisions refers to the production and business operation unit responsible for the accident. The term "principal responsible person" as mentioned in
these Provisions refers to the chairman, general manager or individual investor of a limited liability company or a joint stock limited company, as well as the factory director, manager and mine director (including the actual controller) of any other production and operation entity. Article
4 The annual income of the principal person in charge of the accident-occurring unit, other persons in charge, the person in charge of production safety, the person in charge directly responsible and other persons directly responsible for the accident in the previous year referred to in these Provisions, which belongs to the state-owned production and operation unit, refers to the total annual income of the previous year determined by the superior competent department of the unit; Those belonging to non-state-owned production and operation units refer to the total annual income of the previous year approved by the financial and tax departments. Where
a production and business operation entity provides false information or the annual income of the relevant personnel in the previous year is difficult to determine due to the failure of the financial and tax departments to verify, the following measures shall be taken:
(1) The annual income of the principal person in charge in the previous year. It is calculated according to the average wage of employees in urban units of the province, autonomous region and municipality directly under the Central Government in the previous year, which is more than 5 times and less than 10 times;
(2) The annual income of other persons in charge, safety production managers, directly responsible persons in charge and other directly responsible persons in the previous year shall be calculated according to the average wage of employees in urban units of the province, autonomous region or municipality directly under the Central Government in the previous year, which is not less than one time but not more than five times. Article
5 The delay in reporting, failure to report, false reporting and concealment referred to in the Regulations on the Reporting, Investigation and Handling of Production Safety Accidents shall be determined according to the following circumstances:
(1) If the time for reporting an accident exceeds the prescribed time limit, it is a delay in reporting;
(2) Failure to report the accident that should be reported or the time, place, category, number of casualties and direct economic losses of the accident due to negligence shall be an omission;
(3) Intentionally failing to report truthfully the time, place, preliminary cause, nature, number of casualties, number of people at risk, direct economic losses and other relevant contents of the accident is a false report;
(4) Concealing an accident that has occurred and failing to report it to the emergency management department, the mine safety supervision organization and the relevant departments beyond the prescribed time limit, which is verified to be true, is a concealment. Article
6 The administrative penalty of imposing a fine on the unit where an accident occurs and the relevant responsible person shall be decided in accordance with the following provisions:
(1) The administrative penalty of imposing a fine on the unit where a particularly serious accident occurs and the relevant responsible person shall be decided by the Ministry of Emergency Management;
(2) The administrative penalty of imposing a fine on an entity where a major accident has occurred and the relevant responsible person thereof shall be decided by the emergency administration department of the people's government at the provincial level;
(3) The administrative penalty of imposing a fine on an entity where a major accident has occurred and the relevant responsible person thereof shall be decided by the emergency administration department of the people's government at the districted city level;
(4) Administrative penalties for fines imposed on units involved in general accidents and their responsible persons shall be decided by the emergency management department of the people's government at the county level. The
emergency management department at a higher level may designate the emergency management department at a lower level to impose administrative penalties on the accident-occurring unit and its relevant responsible personnel. The following provisions shall apply to the imposition of fines on the unit where a
coal mine accident occurs and the relevant responsible persons:
(1) The State Administration of Mine Safety shall decide on the imposition of fines on the coal mine where a particularly serious accident occurs and the relevant responsible persons;
(2) The administrative penalties for fines imposed on coal mines and their relevant responsible persons for major accidents, major accidents and general accidents shall be decided by the provincial bureaus of the State Administration of Mine Safety. The
mine safety supervision organization at the next higher level may designate the mine safety supervision organization at the next lower level to impose administrative penalties on the unit where the accident occurred and the relevant responsible persons. Article
8 If the place where the accident occurs is not in the same administrative region at or above the county level as the place where the accident occurs, the emergency management department or the mine safety supervision institution in the place where the accident occurs shall impose administrative penalties in accordance with the limits of authority prescribed in Article 6 or Article 7 of these Provisions. Article
9 The administrative penalties imposed by emergency management departments and mine safety supervision institutions on accident-occurring units and their relevant responsible persons shall be implemented in accordance with the procedures prescribed in the Administrative Penalty Law of the People's Republic of China and the Administrative Penalty Measures for Illegal Acts in Safety Production. Article
10 Before imposing an administrative penalty, the emergency management department and the mine safety supervision organization shall inform the party concerned of his rights to make a statement, to defend himself, to request a hearing, etc. According to law; if the party concerned is not satisfied with the administrative penalty, he shall have the right to apply for administrative reconsideration or to bring an administrative lawsuit according to law. Article
11 If the principal person in charge of an accident-occurring unit commits one of the following acts as stipulated in Article 110 of the Safety Production Law of the People's Republic of China, Article 35 and Article 36 of the Regulations on the Reporting and Investigation of Production Safety Accidents, the principal person in charge of the accident-occurring unit shall be responsible for the accident. A fine shall be imposed in accordance with the following provisions:
(1) If the principal responsible person of the unit where the accident occurred fails to organize the rescue of the accident immediately after the occurrence of the accident, or leaves his post without permission during the investigation and handling of the accident, or conceals, falsely reports or delays the reporting of the accident, or escapes after the occurrence of the accident, a fine of 60% to 80% of the annual income of the previous year shall be imposed; Those who delay the rescue of the accident or cause the expansion of the accident or affect the investigation of the accident or cause significant social impact shall be fined 80% to 100% of the annual income of the previous year;
(2) If the principal responsible person of the unit where the accident occurred fails to report the accident, he shall be fined 40% to 60% of the annual income of the previous year; Those who delay the rescue of accidents or cause the expansion of accidents or affect the investigation of accidents or cause significant social impact shall be fined 60% to 80% of the annual income of the previous year;
(3) If the principal person in charge of the accident-occurring unit forges or intentionally destroys the scene of the accident, or transfers or conceals funds, property, destroys relevant evidence or information, or refuses to accept investigation, or refuses to provide relevant information and information, or commits perjury in the investigation of the accident, or instructs others to commit perjury, the unit shall be responsible for it. A fine of 60% to 80% of the annual income of the previous year shall be imposed; a fine of 80% to 100% of the annual income of the previous year shall be imposed on those who delay the rescue of the accident or cause the expansion of the accident or affect the investigation of the accident or cause significant social impact. Article
12 If the person in charge directly responsible for the accident-occurring unit and other persons directly responsible commit one of the acts specified in Article 36 of the Regulations on the Reporting, Investigation and Handling of Production Safety Accidents, a fine of 60% to 80% of the annual income of the previous year shall be imposed; Those who delay the rescue of accidents or cause the expansion of accidents or affect the investigation of accidents or cause significant social impact shall be fined 80% to 100% of the annual income of the previous year.Article
13 If an accident-occurring entity commits any of the acts specified in Items 1 to 5 of Article 36 of the Regulations on the Reporting, Investigation and Handling of Production Safety Accidents, it shall be fined in accordance with the following provisions:
(1) If a general accident occurs, it shall be fined not less than 1 million yuan but not more than 1.5 million yuan;
(2) If a relatively serious accident occurs, a fine of not less than 1.5 million yuan but not more than 2 million yuan shall be imposed;
(3) If a major accident occurs, a fine of not less than 2 million yuan but not more than 2.5 million yuan shall be imposed;
(4) If a particularly serious accident occurs, a fine of not less than 2.5 million yuan but not more than 3 million yuan shall be imposed. If
an accident-occurring unit commits one of the acts specified in Items 1 to 5 of Article 36 of the Regulations on the Reporting and Investigation of Production Safety Accidents, it delays the rescue of the accident or causes the expansion of the accident or affects the investigation of the accident or causes a significant social impact. A fine shall be imposed in accordance with the following provisions:
(1) a fine of not less than 3 million yuan but not more than 3.5 million yuan shall be imposed if an ordinary accident occurs;
(2) a fine of not less than 3.5 million yuan but not more than 4 million yuan shall be imposed if a relatively serious accident occurs;
(3) If a serious accident occurs, a fine of not less than 4 million yuan but not more than 4.5 million yuan shall be imposed;
(4) If a particularly serious accident occurs, a fine of not less than 4.5 million yuan but not more than 5 million yuan shall be imposed. If a unit where
an accident occurs is responsible for an ordinary accident, it shall be fined in accordance with the following provisions:
(1) If it causes serious injury to less than three persons (including acute industrial poisoning, the same below), or direct economic losses of less than 3 million yuan, it shall be fined not less than 300,000 yuan but not more than 500,000 yuan;
(2) Those who cause one death, or serious injury to more than three or less than six persons, or direct economic losses of more than 3 million yuan and less than 5 million yuan shall be fined not less than 500000 yuan but not more than 700000 yuan;
(3) Those who cause two deaths, or serious injuries to more than six and less than 10 persons, or direct economic losses of more than 5 million yuan and less than 10 million yuan, shall be fined not less than 700000 yuan but not more than 1 million yuan. Article
15 An accident-occurring entity that is responsible for a major accident shall be fined in accordance with the following provisions:
(1) Causing the death of not less than three persons but not more than five persons, or serious injury to not less than 10 persons but not more than 20 persons, or direct economic losses of not less than 10 million yuan but not more than 20 million yuan; A fine of between not less than 1 million yuan and not more than 1.2 million yuan;
(2) a fine of between not less than 1.2 million yuan and not more than 1.5 million yuan for causing death of not less than 5 persons and not more than 7 persons, or serious injury of not less than 20 persons and not more than 30 persons, or direct economic losses of not less than 20 million yuan and not more than 30 million yuan;
(3) Those who cause death of more than 7 persons and less than 10 persons, or serious injury of more than 30 persons and less than 50 persons, or direct economic losses of more than 30 million yuan and less than 50 million yuan shall be fined not less than 1.5 million yuan but not more than 2 million yuan.
(1) Causing death of not less than 10 persons but not more than 13 persons, or serious injury of not less than 50 persons but not more than 60 persons, or direct economic losses of not less than 50 million yuan but not more than 60 million yuan. A fine of between not less than 2 million yuan and not more than 4 million yuan shall be imposed;
(2) a fine of between not less than 4 million yuan and not more than 6 million yuan shall be imposed for causing death of not less than 13 persons but not more than 15 persons, or serious injury of not less than 60 persons but not more than 70 persons, or direct economic losses of not less than 60 million yuan but not more than 70 million yuan;
(3) Those who cause death of more than 15 persons and less than 30 persons, or serious injury of more than 70 persons and less than 100 persons, or direct economic losses of more than 70 million yuan and less than 100 million yuan shall be fined not less than 6 million yuan but not more than 10 million yuan.
(1) cause death of not less than 30 persons but not more than 40 person, or serious injury of not less than 100 persons but not more than 120 persons, or direct economic losses of not less than 100 million yuan but not more than 150 million yuan, A fine of not less than 10 million yuan but not more than 12 million yuan;
(2) Causing the death of more than 40 persons and less than 50 persons, or serious injury of more than 120 persons and less than 150 persons, or 1.
It belongs to the second paragraph of Article 114 of the Safety Production Law of the People's Republic of China, which stipulates that the circumstances are particularly serious and the impact is particularly bad. A fine of not less than two times but not more than five times the amount of the fine prescribed by law may be imposed on the unit where the accident occurs:
(1) closing or destroying monitoring, alarm, protective and life-saving equipment and facilities directly related to production safety, or tampering with, concealing or destroying relevant data and information;
(2) Refusing to implement the order to stop production and business, stop construction, stop using relevant equipment, facilities and places or immediately take corrective measures to eliminate dangers due to the existence of hidden dangers of major accidents;
(3) Engaging in highly dangerous production and operation activities such as mining, metal smelting, construction, production, operation and storage of dangerous goods without approval or permission according to law, or engaging in production and operation activities without obtaining relevant l icenses according to law;
(4) Refusing or obstructing administrative law enforcement;
(5) Forcing others to operate at risk in violation of regulations, or organizing operations at risk while knowing that there are hidden dangers of major accidents but not eliminating them;
(6) Other circumstances where the circumstances are particularly serious and the impact is particularly bad. Article
19 If the principal responsible person of a unit where an accident occurs fails to perform his duties of work safety management in accordance with the law and causes an accident to occur, he shall be fined in accordance with the following provisions:
(1) If a general accident occurs, he shall be fined 40% of the annual income of the previous year;
(2) If a major accident occurs, a fine of 60% of the annual income of the previous year shall be imposed;
(3) If a major accident occurs, a fine of 80% of the annual income of the previous year shall be imposed;
(4) If a particularly serious accident occurs, a fine of 100% of the annual income of the previous year shall be imposed. Article
20 If other persons in charge of the unit where an accident occurs and the safety production management personnel fail to perform their duties of safety production management according to law, resulting in an accident, a fine shall be imposed in accordance with the following provisions:
(1) If a general accident occurs, a fine of 20% to 30% of the annual income of the previous year shall be imposed;
(2) If a major accident occurs, a fine of 30% to 40% of the annual income of the previous year shall be imposed;
(3) If a major accident occurs, a fine of 40% to 50% of the annual income of the previous year shall be imposed;
(4) If a particularly serious accident occurs, a fine of 50% of the annual income of the previous year shall be imposed. Article
21 If the investor of an individual business fails to ensure the necessary capital investment for safe production in accordance with the provisions of the Safety Production Law of the People's Republic of China, so that the production and business operation entity does not have the conditions for safe prod uction and the production safety accident occurs, the production safety of the production and business operation entity shall be determined. A fine shall be imposed on the proprietor of an individual business in accordance with the following provisions:
(1) a fine of not less than 20,000 yuan but not more than 50,000 yuan in the case of an ordinary accident;
(2) a fine of not less than 50,000 yuan but not more than 100,000 yuan in the case of a relatively serious accident;
(3) If a serious accident occurs, a fine of not less than 100,000 yuan but not more than 150,000 yuan shall be imposed;
(4) If a particularly serious accident occurs, a fine of not less than 150,000 yuan but not more than 200,000 yuan shall be imposed. Article
22 In violation of the Safety Production Law of the People's Republic of China, the Regulations on the Reporting and Investigation of Production Safety Accidents and these Provisions, there are two or more acts that should be fined, such as being responsible for the occurrence of accidents and falsely reporting or concealing accidents, the emergency management department or the mine safety supervision organization shall be responsible for the occurrence of accidents. The decision on punishment shall be made jointly.Article
23 If it is found in the investigation of an accident that it is necessary to impose fines on other units and their relevant personnel who have committed illegal acts, it shall be implemented in accordance with the provisions of relevant laws, regulations and rules. Article
24 These Provisions shall come into force as of March 1, 2024. The Regulations on Fines and Penalties for Production Safety Accidents (Trial Implementation), promulgated by the former State Administration of Work Safety on July 12, 2007 and amended for the first time on September 1, 2011 and for the second time on April 2, 2015, shall be abolished at the same time.
