On December 2, the Ministry of Emergency Management of the People's Republic of China promulgated the Measures for Administrative Penalties for Illegal Acts in Production Safety, which came into effect on February 1, 2026. The original text is as follows:
relevant laws, regulations and rules on the procedures for administrative penalties for illegal acts in production safety, such provisions shall prevail. Article
3 The principles of fairness and openness shall be followed in imposing administrative penalties on illegal acts of production safety. Administrative penalties imposed by
emergency management departments and their administrative law enforcement personnel shall be based on facts, commensurate with the facts, nature, circumstances and degree of social harm of illegal acts in production safety, adhere to the combination of punishment and education, and educate citizens, legal persons or other organizations to consciously abide by the law. Article
4 The production and business operation entities and their relevant personnel shall have the right to state and defend themselves against the administrative penalties imposed by the emergency management departments according to law; if they are not satisfied with the administrative penalties, they shall have the right to apply for administrative reconsideration or bring an administrative lawsuit according to law; if they are damaged by the administrative penalties imposed by the emergency management departments in violation of law, they shall have the right to claim compensation according to law. Article
5 The emergency management departments of the local people's governments at or above the county level shall, in accordance with laws and regulations and their responsibilities for safety supervision, formulate annual supervision and inspection plans for production safety in accordance with their respective supervisory powers, the number of administrative law enforcement personnel, the status of the production and business units under supervision, technical equipment and financial support, etc. Before inspecting the production and business operation entity, the
emergency management department shall formulate an inspection plan and submit it to the person in charge of the emergency management department for approval; if the situation is urgent and needs to be implemented on the spot, it shall report in time and make up the formalities. When conducting an inspection, a notice of administrative inspection shall be issued as required. Chapter
II Types and Jurisdiction
of Administrative Penalties Article 6 The types of administrative penalties for violations of production safety are as follows:
(1) warning, circulating a notice of criticism;
(2) imposing a fine, confiscating illegal gains, confiscating illegal property, confiscating illegally mined coal and mining equipment;
(3) temporarily withholding or revoking relevant licenses, suspending or revoking relevant professional qualifications and post certificates, and lowering relevant qualification levels;
(4) Restricting the development of production and operation activities, ordering the suspension of construction, ordering the suspension of production and business for rectification, ordering the suspension of production and business, ordering the closure, and restricting employment;
(5) Administrative detention;
and (6) Other administrative penalties prescribed by laws and administrative regulations on production safety. Article
7 Emergency management departments shall, in accordance with the provisions of laws and regulations, exercise jurisdiction over administrative penalties for illegal acts in production safety within their respective responsibilities. Administrative penalties for illegal acts in production
safety shall be under the jurisdiction of the emergency management department of the people's government at or above the county level where the illegal acts in production safety occur. Administrative penalties for illegal acts of production safety committed by central enterprises, their affiliated enterprises and relevant personnel shall be under the jurisdiction of the emergency management departments of the people's governments at or above the municipal level where the illegal acts of production safety occur. Administrative penalties for
temporarily withholding or revoking relevant licenses, suspending or revoking relevant professional qualifications, post certificates and lowering relevant qualification levels shall be decided by the issuing authority. In general, the time limit for temporarily withholding the relevant license and suspending the relevant practicing qualification and post certificate shall not exceed 6 months; where there are other provisions in laws and administrative regulations, such provisions shall prevail. The administrative penalty for
ordering closure shall be reported by the emergency management department to the people's government at or above the county level for decision in accordance with the limits of authority prescribed by the State Council. The administrative penalty for
administrative detention shall be decided by the emergency management department on the recommendation of the public security organ in accordance with the provisions on administrative penalties for public security. Article
8 If two or more emergency management departments have jurisdiction over administrative penalty cases, they shall be under the jurisdiction of the department that first filed the case. Any dispute over
jurisdiction shall be settled through consultation. If the consultation fails, the dispute shall be reported to the emergency management department at the next higher level for designation of jurisdiction, or directly designated by the emergency management department at the next higher level. Article
9 The emergency management department shall accept the reported or reported illegal acts of production safety; if it finds that they are not under the jurisdiction of the department, it shall transfer the case to the department with jurisdiction in time. If the
transferred emergency management department has any objection to the jurisdiction, it shall report to the common emergency management department at the next higher level for designation of jurisdiction. Article
10 If the emergency management department finds that the existing safety problems should be handled by other relevant departments, it shall transfer them in time according to law. Where an illegal act of
production safety is suspected of committing a crime, the emergency management department shall promptly transfer the case to the judicial organ and investigate the criminal responsibility according to law; where the case is not enough for criminal punishment but should be given administrative punishment according to law, the emergency management department shall give administrative punishment according to law. Article
11 The emergency management department at a higher level may directly investigate and deal with the cases under the jurisdiction of the emergency management department at a lower level, or may transfer the cases under its jurisdiction to the emergency management department at a lower level.
The subordinate emergency management department may report major and difficult cases to the superior emergency management department for jurisdiction. Article
12 The emergency management department at a higher level shall have the right to order the emergency management department at a lower level to make corrections for illegal or inappropriate administrative penalties. Article
13 Emergency management departments may, in accordance with the provisions of laws, regulations and rules, entrust in writing organizations that meet the requirements of the Administrative Punishment Law of the People's Republic of China to implement administrative penalties within the scope of their statutory powers.
The power of attorney shall specify the specific matters, authority and time limit of the entrustment. The entrusted emergency management department and the entrusted organization shall publish the power of attorney to the public. The
entrusted emergency management department shall supervise the implementation of administrative penalties by the entrusted organization and bear legal responsibility for the consequences of the implementation of administrative penalties.
The entrusted organization shall impose administrative penalties in the name of the entrusted emergency management department within the scope of entrustment, and shall not entrust other organizations or individuals to impose administrative penalties. Chapter
III Procedures
for Administrative Penalties Section 1 General Provisions
Article 14 Emergency management departments shall publicize information on the enforcement organs, filing basis, implementation procedures and relief channels of administrative penalties according to law. Article
15 The emergency management department shall promptly inform the parties of the illegal facts and adopt information technology or other measures to facilitate the inquiry, statement and defense of the parties. The right of statement and right of defense enjoyed by the parties shall not be restricted or restricted in disguised form. Article
16 Administrative penalties for production safety shall be imposed by more than two administrative law enforcement personnel qualified for administrative law enforcement, except as otherwise provided by law.
Safety production administrative law enforcement personnel shall participate in law enforcement training and assessment in accordance with relevant provisions and obtain law enforcement certificates. Article
17 If an administrative law enforcement officer for production safety has a direct interest in a case or has other relations that may affect the impartial enforcement of the law, he shall avoid it. If
a party considers that the administrative law enforcement personnel of production safety have a direct interest in the case or have other relations that may affect the fair enforcement of the law, he shall have the right to apply for withdrawal. If
a party applies for withdrawal, the emergency management department shall examine it according to law. The withdrawal of the administrative law enforcement personnel of production safety shall be decided by the person in charge of the emergency management department who dispatches them to conduct the investigation; the withdrawal of the person in charge of the emergency management department who conducts the investigation shall be decided by the person in charge of the department through collective discussion. The investigation shall not be suspended until the
withdrawal decision is made.Article
18 Before making a decision on administrative penalty, the emergency management department shall inform the parties of the contents, facts, reasons and basis of the administrative penalty to be imposed, and inform the parties of their rights to state, defend and request hearings according to law.
The party concerned shall, within 5 days from the date of receipt of the notice of administrative penalty, make a statement or defense, or request a hearing in accordance with the law, and shall be deemed to have waived the above-mentioned rights if it is overdue. Article
19 The parties shall have the right to state their cases and defend themselves. The emergency management department shall fully listen to the opinions of the parties and review the facts, reasons and evidence put forward by the parties; if the facts, reasons or evidence put forward by the parties are tenable, the emergency management department shall accept them.
The emergency management department shall not impose a heavier punishment because of the statement and defense of the party concerned. Article
20 Evidence shall include:
(1) documentary evidence;
(2) material evidence;
(3) audio-visual materials;
(4) electronic data; and
(5) testimony of witnesses;
(6) statements of the parties;
(7) expert opinions;
and (8) records of on-site investigation and records of the scene.
Evidence must be verified before it can be used as the basis for ascertaining the facts of a case. Evidence obtained
by illegal means shall not be taken as the basis for ascertaining the facts of a case. Article
21 Emergency management departments shall, in accordance with the law, record the whole process of initiation, investigation and evidence collection, examination, decision, service and execution of administrative penalties in the form of words, audio and video, and keep them on file. Article
22 If the emergency management department and its administrative law enforcement personnel find that there are illegal acts or hidden dangers of accidents in the production and business operation units during supervision and inspection, they shall take on-site measures in accordance with the following provisions:
Make corrections on the spot or demand corrections within a time limit;
(2) order the immediate removal of hidden dangers of accidents discovered in the course of inspection;
(3) If safety cannot be guaranteed before or during the elimination of hidden dangers of major accidents, the operators shall be ordered to withdraw from the dangerous areas, the suspension of production and business, the suspension of construction, the suspension of construction or the suspension of the use of relevant facilities and equipment shall be ordered, and the hidden dangers of accidents shall be eliminated within a time limit;
(Four) other on-site treatment measures that should be taken according to law. After eliminating the hidden dangers of
major accidents, the production, operation and use can be resumed only after the examination and approval of the emergency management department. The time limit prescribed in Item 3 of Paragraph 1 of
this Article for ordering the temporary suspension of production and business, the suspension of construction, the suspension of construction or the suspension of the use of relevant facilities and equipment shall generally not exceed 6 months; where there are other provisions in laws and administrative regulations, such provisions shall prevail. Article
23 For facilities, equipment and equipment that are considered to be inconsistent with the national or industrial standards for guaranteeing safe production, dangerous goods that are illegally produced, stored, used, managed or transported, and workplaces where dangerous goods are illegally produced, stored, used or managed, the relevant departments shall be responsible for them. The emergency management department shall seal up or detain it in accordance with the provisions of the Administrative Compulsory Law of the People's Republic of China. The time limit for sealing up or detaining shall not exceed 30 days. If the situation is complicated, it may be extended for up to 30 days with the approval of the person in charge of the emergency management department, and a decision shall be made within the time limit for sealing up or detaining:
(1) The illegal property that is clear about the illegal facts and should be confiscated according to law shall be confiscated;
(2) where laws and administrative regulations stipulate that the materials shall be destroyed, the materials shall be destroyed according to law; and
(3) where the sealing up or seizure shall be lifted, a decision on lifting the sealing up or seizure shall be made.
When sealing up or detaining, the decision and list of sealing up or detaining shall be made and delivered on the spot. Article
24 Before sealing up or detaining, it shall be reported to the person in charge of the emergency management department and approved. If the
situation is urgent and needs to be sealed up or seized on the spot, the administrative law enforcement personnel of production safety shall report to the person in charge of the emergency management department within 24 hours and complete the approval formalities. If the person in charge of the emergency management department considers that it should not be sealed up or detained, it shall be lifted immediately. Article
25 The decision to extend the seizure or detention shall be notified to the parties in writing in a timely manner and the reasons shall be explained. Where an
article needs to be tested, inspected or technically appraised, the period of seizure or seizure shall not include the period of testing, inspection or technical appraisal. The period of testing, inspection or technical appraisal shall be clear and the parties concerned shall be informed in writing. Article
26 The emergency management department shall, in accordance with the law, make decisions on the suspension of production and business operations, the suspension of construction and the suspension of the use of relevant facilities or equipment by the production and business operation units with major potential accidents, and the production and business operation units shall implement the decisions in accordance with the law and eliminate the potential accidents in a timely manner. If a production and business operation entity refuses to implement the decision and there is a real danger of a production safety accident, the emergency management department may, on the premise of ensuring safety and with the approval of the principal responsible person of the department, take measures such as notifying the relevant units to stop power supply and stop supplying explosives for civil use, and force the production and business operation entity to implement the decision. The notice shall be in written form, and the relevant units shall cooperate with it.
The emergency management department shall take measures to stop power supply in accordance with the provisions of the preceding paragraph, and shall notify the production and business operation units 24 hours in advance, except in emergencies endangering production safety. Where a production and business operation entity performs administrative decisions according to law and takes corresponding measures to eliminate hidden dangers of accidents, the emergency management department shall promptly lift the measures prescribed in the preceding paragraph. Article
27 If a production and business operation entity is ordered to correct its illegal acts or eliminate hidden dangers of accidents within a time limit, it shall complete them within the prescribed time limit. If it cannot be completed within the prescribed time limit due to force majeure, a written application for extension shall be submitted within 10 days before the expiration of the time limit while carrying out rectification, and the emergency management department shall reply in writing whether to grant the extension within 5 days from the date of receipt of the application. Where a
production and business operation entity submits an application for reexamination or the time limit for rectification expires, the emergency management department shall conduct a reexamination within 10 days from the date of receipt of the application or the expiration of the time limit, fill in the reexamination opinions, which shall be signed by the reexamined unit and the reexamination personnel of the emergency management department and filed. If the illegal act is not corrected within the time limit, the hidden danger of the accident is not eliminated or the rectification is not qualified, the emergency management department shall impose administrative penalties according to law. Article
28 In order to control, mitigate and eliminate the social hazards caused by major production safety accidents and other emergencies, the emergency management departments shall punish the violations of emergency response measures quickly and severely according to law. Article
29 Emergency management departments and their staff members shall keep confidential the state secrets, business secrets or personal privacy they know in the course of implementing administrative penalties according to law. Article
30 The emergency management department may submit a request for assistance to the relevant administrative organs for the implementation of administrative penalties. Requests for assistance shall be made in writing, except in emergency situations. When handling cross-administrative cases, the
emergency management department shall issue a letter of assistance in investigation if it needs the assistance of emergency management departments in other regions or needs to carry out inspections in other places. The emergency management department that
receives the letter of assistance in investigation shall assist the assistance matters that fall within the scope of its functions and powers according to law. Article
31 Emergency management departments shall impose administrative penalties on illegal acts in production safety in accordance with legal procedures and make administrative law enforcement documents. Section
2 Summary Procedure
Article 32 Where the illegal facts are conclusive and there is a legal basis for imposing an administrative penalty of less than 200 yuan on an individual or a fine of less than 3000 yuan or a warning on a production and business operation entity, the administrative law enforcement personnel of production safety may make a decision on the administrative penalty on the spot. Where there are other provisions in the law, such provisions shall prevail. Article
33 Where an administrative law enforcement officer for production safety makes a decision on administrative penalty on the spot, he shall show his law enforcement certificate to the party concerned, fill in a written decision on administrative penalty in a predetermined format and with a number, and deliver it to the party concerned on the spot. If the party refuses to sign for it, it shall be noted in the written decision for administrative penalty.The written decision on administrative penalty as prescribed in
the preceding paragraph shall specify the illegal act of the party concerned, the type and basis of the administrative penalty, the amount, time and place of the fine, the way and time limit for applying for administrative reconsideration and instituting administrative litigation, and the name of the emergency management department that makes the decision on administrative penalty, and shall be signed or sealed by the administrative law enforcement personnel of production safety. The administrative law enforcement personnel of
production safety shall report the decision of administrative penalty on the spot in time and report it to the emergency management department for the record within 5 days from the date of making the decision of administrative penalty. Section
3 General Procedure
Article 34 In addition to the administrative penalties imposed on the spot in accordance with the summary procedure, the emergency management department shall conduct a preliminary verification of the clues to the illegal acts committed by the production and business operation units and their related personnel found by means of complaints, reports, transfers from other departments and assignments from superiors according to their functions and powers. And decide whether to file the case within 5 days; if the situation is complicated and cannot be completed on schedule, it may be extended for 5 days with the approval of the person in charge of the emergency management department.
Accident-related administrative penalties shall be filed within 5 days from the date of receipt of the approval of the investigation report on production safety accidents. Article
35 The case shall be put on file if it meets the following conditions after verification:
(1) There is preliminary evidence proving the existence of an illegal act of production safety;
(2) Administrative punishment shall be imposed in accordance with the laws, regulations and rules on production safety;
(3) The illegal act is under the jurisdiction of the department;
(4) The illegal act has not exceeded the limitation of time for administrative penalty. If it
decides to file a case, it shall fill in the examination and approval form for filing a case and submit it it to the person in charge of the emergency management department for approval, and more than two administrative law enforcement officers for production safety shall be responsible for the investigation and handling. Article
36 The administrative enforcers of production safety shall make investigations and collect relevant evidence in a comprehensive, objective and fair manner, and may conduct inspections if necessary according to the provisions of laws and regulations. Article
37 When investigating or conducting inspections, the administrative law enforcement personnel for production safety shall show their law enforcement certificates to the parties concerned or relevant personnel on their own initiative. The party concerned or the relevant personnel shall have the right to request the administrative law enforcement personnel of production safety to show their law enforcement certificates. If the administrative law enforcement personnel of production safety fail to produce their law enforcement certificates, the parties concerned or the relevant personnel shall have the right to refuse to accept investigation or inspection.
The parties or relevant personnel shall truthfully answer the inquiries of the administrative law enforcement personnel for production safety and assist in the investigation or inspection, and shall not refuse, obstruct or provide false information. A written record of the
inquiry or examination shall be made. The written record shall record the time, place, inquiry and inspection, and shall be signed or sealed by the inquired person, the inspected entity and the administrative law enforcement officer of production safety; if the inquired person or the inspected entity requests to make corrections, it shall be allowed. If the inquired person or the inspected unit refuses to sign or seal, the administrative law enforcement officer for production safety shall indicate the reasons and sign the record. Article
38 Documentary evidence and material evidence collected and obtained shall be originals and original objects. If it is difficult to obtain the original or the original object, a copy or transcript of the original may be obtained, or photographs or videos sufficient to reflect the appearance or content of the original or the original object may be taken or made.
Copies, transcriptions, photographs and videos shall be checked by the evidence provider or the administrative law enforcement personnel of production safety, and then indicated that they are consistent with the original or the original objects, as well as the units and places where the original or the original objects are stored, and shall be signed or sealed by the administrative law enforcement personnel of production safety and the evidence provider. Article
39 The audio-visual materials collected and obtained shall be the original carriers of the relevant materials. If it is difficult to obtain the original carrier of audio-visual materials, copies may be extracted and the production method, time and producer shall be indicated. The electronic data
collected and retrieved shall be the original carrier of the relevant data. If it is difficult to collect the original carrier of electronic data, evidence may be obtained by means of copying, commissioned analysis, book fixation, photography and video recording, and the production method, production time and producer shall be indicated.
The emergency management department may appoint or employ personnel with specialized knowledge to assist the administrative law enforcement personnel of production safety to investigate and collect evidence of the electronic data related to the case. Article
40 When inspecting articles and places related to a case, the administrative law enforcement officers for production safety shall notify the parties concerned to be present, make a record of the inspection (inspection), and sign or seal it after checking it correctly. If it is impossible to find the party concerned, or if it is really difficult for the party concerned to be present, refuse to be present, or refuse to sign and seal, the administrative law enforcement officer for production safety may invite representatives of relevant grass-roots organizations to be present to witness or other persons present to testify, and indicate the reasons and sign in the record of investigation (inspection); It may also record the situation of the relevant articles and places by means of audio and video recordings before conducting an inspection.
The forty-first emergency management departments may adopt the method of sampling and collecting evidence when collecting evidence. When sampling and collecting evidence, the parties concerned shall be notified to be present, and sampling records shall be made, which shall be signed or sealed by the parties concerned after verification. If it is impossible to find the party concerned, or the party concerned has difficulty in being present, refuses to be present, or refuses to sign and seal, the administrative law enforcement personnel of production safety may invite the representative of the relevant grass-roots organization to be present as a witness or other persons present to testify, indicate the reasons in the sampling record and sign their names, or record it by means of audio recording or video recording. Article
42 Where evidence may be lost or difficult to obtain in the future, it may be registered and preserved in advance with the approval of the person in charge of the emergency management department. If the
situation is urgent and it is necessary to take measures of registration and preservation on the spot, the administrative law enforcement personnel of production safety shall report to the person in charge of the emergency management department within 24 hours and complete the approval procedures. If the person in charge of the emergency management department considers that the measures of registration and preservation in advance should not be taken, it shall be lifted immediately. Article
43 Where evidence is registered and preserved in advance, the parties concerned shall be notified to be present, count it on the spot and draw up a list, which shall be signed or sealed by the parties concerned after verification. If it is impossible to find the party concerned, or the party concerned has difficulty in being present, refuses to be present, or refuses to sign and seal, the administrative law enforcement officer of production safety may invite the representative of the relevant grass-roots organization to be present to witness or other persons present to testify, indicate the reasons in the list of advance registration and preservation, and sign; or record by means of audio recording or video recording. During the period of
advance registration and preservation, the party concerned or the relevant personnel shall not destroy or transfer the evidence. Article
44 The following disposal decisions shall be made within 7 days for the evidence registered and preserved in advance:
(1) taking evidence preservation measures such as recording, duplicating, photographing and videotaping in a timely manner according to the circumstances;
(2) to be delivered for testing, inspection, and appraisal where such testing, inspection, and appraisal are required;
(3) to decide to take administrative compulsory measures such as sealing up and detaining where such administrative compulsory measures may be taken in accordance with the provisions of relevant laws and regulations;
(4) If the illegal facts are established and shall be confiscated according to law, a decision on administrative penalty shall be made and the illegal facts shall be confiscated;
(5) If the illegal facts are not established, or the illegal facts shall not be confiscated, sealed up or detained according to law, a decision shall be made to cancel the registration and preservation in advance;
(Six) other treatment methods stipulated by laws, regulations and rules. Article
45 Emergency management departments may use Internet information systems or equipment to collect and fix evidence of illegal acts. Internet information systems or equipment used to collect and fix evidence of illegal acts shall comply with relevant regulations to ensure the authenticity and integrity of the collected and fixed electronic data. Article
46 Where relevant evidence needs to be tested, inspected and appraised, the emergency management department shall entrust an institution with corresponding conditions to do so according to law. Article
47 In any of the following circumstances, before the person in charge of the emergency management department makes a decision on administrative penalty, the personnel engaged in the legal review of the decision on administrative penalty shall conduct the legal review; no decision shall be made without the legal review or without passing the review:
(1) involving major public interests;
(2) The case is directly related to the major rights and interests of the party concerned or the third party, and has gone through the hearing procedure;
(3) The case is difficult and complicated, and involves multiple legal relationships;
(4) Other circumstances that shall be subject to legal review as prescribed by laws and regulations. Personnel engaged in the legal examination of administrative penalty decisions for the first time in
emergency management departments shall obtain legal professional qualifications through the national unified legal professional qualification examination.Article
48 For cases with complex cases and large legal disputes, emergency management departments may organize symposiums and expert demonstration meetings to carry out audits. Article
49 After the investigation of a case is completed, the administrative law enforcement personnel responsible for handling the case shall fill in the case handling approval form and submit it it to the person in charge of the department for examination and approval together with the relevant evidentiary materials. Article
50 The person in charge of the emergency management department shall examine the investigation results of the case in a timely manner and make the following decisions according to different circumstances:
(1) If there is indeed an illegal act that should be subject to administrative punishment, a decision on administrative punishment shall be made according to the seriousness of the case and the specific circumstances;
(2) to impose no administrative penalty where an illegal act is minor and which may be exempted from administrative penalty according to law;
(3) to impose no administrative penalty where the facts about an illegal act are not established; and
(4) to transfer an illegal act suspected of having committed a crime to a judicial organ. Administrative penalties shall be imposed
on complex or major violations of production safety, and the person in charge of the emergency management department shall discuss and decide collectively. One of
the following circumstances is a case in which the circumstances are complicated or a major violation of production safety is subject to administrative punishment:
(1) The case is difficult and complicated and involves multiple legal relationships;
(2) It involves major safety issues, major public interests or major social impacts;
(3) Those who meet the conditions for hearing as stipulated in Article 55 of these Measures;
(4) Those who should be submitted for collective discussion in the opinion of the person in charge of the emergency management department. Article
51 When imposing administrative penalties in accordance with the provisions of Article 50 of these Measures, the emergency management department shall make a written decision on administrative penalties. In the form of decision for administrative penalty shall be clearly recorded the following items:
(1) the name and address of the party;
(2) the facts and evidence of the violation of laws, regulations and rules;
(3) the type of and basis for the administrative penalty;
(4) The method and time limit for performing the administrative penalty;
(5) The channel and time limit for applying for administrative reconsideration and instituting administrative litigation; and
(6) The name of the emergency management department that made the decision on the administrative penalty and the date on which the decision was made. The written decision on
administrative penalty must be stamped with the seal of the emergency management department that made the decision on administrative penalty. Article
52 If no administrative penalty is imposed on the illegal acts of the parties concerned according to law, the emergency management department shall educate the parties concerned. Article
53 The emergency management department shall make a decision on administrative penalty within 90 days from the date of filing the administrative penalty case; if the decision cannot be made within the prescribed time limit due to the complexity of the case or other objective reasons, it may be extended to 120 days with the approval of the person in charge of the emergency management department; If the case is particularly serious, complex or has other special circumstances, the time limit for handling the case needs to be further extended, it may be extended to 180 days with the approval of the emergency management department at the next higher level. In the course of handling
a case, the time for testing, inspection and appraisal shall not be included in the time limit prescribed in the preceding paragraph. Article
54 If an administrative penalty case has one of the following circumstances, the administrative law enforcement personnel of production safety shall fill in the examination and approval form for closing the case within 10 days, and the case shall be closed after being approved by the person in charge of the emergency management department:
(1) The decision on administrative penalty has been fulfilled by the party concerned; An application has been filed with a people's court
according to law for enforcement of the decision on administrative penalty, and the application has been accepted by the people's court according to law;
(3) a decision has been made not to grant administrative penalty according to law;
or (4) Other circumstances under which the case should be closed. Section
4 Hearing Procedure
Article 55 The emergency management department intends to impose a relatively large amount of fines, confiscate a relatively large amount of illegal income, confiscate a relatively large value of illegal property, confiscate a relatively large value of illegally mined coal and mining equipment, order the suspension of construction, order the suspension of production and business for rectification, order the suspension of production and business. Before making a decision on restricting employment, lowering the relevant qualification level, revoking the relevant license, revoking the relevant practice qualification, revoking the relevant post certificate, or making other relatively severe administrative penalties, the party concerned shall be informed of his right to request a hearing; if the party concerned requests a hearing, the emergency management department shall organize the hearing and shall not charge the party concerned for the hearing. The "relatively large amount" and "relatively large value" mentioned in the
preceding paragraph shall be the amount stipulated by the standing committee of the people's Congress or the people's government of the province, autonomous region or municipality directly under the Central Government; if no amount is stipulated, the amount shall be more than 20,000 yuan for an individual and more than 100,000 yuan for a production and business operation entity. Article
56 If a party requests a hearing, he shall submit it within 5 days after the emergency management department informs him. Article
57 After a party requests a hearing, the emergency management department shall hold a hearing within 15 days from the date of receipt of the application, and notify the party and the relevant personnel of the time and place of the hearing 7 days before the hearing.
The parties shall attend the hearing on schedule. If the party concerned has justified reasons to request an extension, it may be extended once with the approval of the person in charge of the emergency management department organizing the hearing. If
the parties and their agents refuse to attend the hearing without justified reasons or withdraw from the hearing without permission, they shall be deemed to have waived their right to a hearing. Article
58 The participants in a hearing shall be composed of the presiding hearer, the hearing officer, the investigators of the case, the parties and their agents, and the clerk. The presiding officer, hearing officer and clerk of the
hearing shall be appointed by the person in charge of the emergency management department organizing the hearing as a non-investigator of the case.
The parties may entrust one or two agents to participate in the hearing and submit a power of attorney. If
a party considers that the presiding hearer has a direct interest in the case, he shall have the right to apply for withdrawal. Article
59 a hearing shall be held in public, unless it involves state secrets, business secrets or personal privacy, which shall be kept confidential according to law. Article
60 The parties shall have the following rights and obligations in a hearing:
(1) the right to state and defend the facts involved in the case, the application of the law and the relevant circumstances;
(2) the right to cross-examine the evidence provided by the investigators of the case and to provide new evidence;
(3) to truthfully answer the questions raised by the presiding hearer; and
(4) to observe the discipline of the place where the hearing is held, and obey the direction of the presiding hearer. Article
61 a hearing shall be conducted in accordance with the following procedures:
(1) The clerk shall announce the discipline of the hearing venue and the rights and obligations of the parties. The presiding hearer shall announce the cause of the case, verify the list of participants in the hearing, and announce the beginning of the hearing;
(2) the investigators of the case shall put forward the illegal facts of the parties, show the evidence, and explain the contents and legal basis of the administrative penalties to be imposed;
(3) The parties or their agents shall state and defend the facts, evidence and applicable laws of the case, and submit new evidentiary materials;
(4) The presiding hearer shall question the parties, investigators and witnesses about the relevant issues of the case;
(5) The investigators of the case, the parties or their agents debate with each other;
(6) The parties or their agents make the final statement;
(7) The presiding hearer announces the end of the hearing. The written record of the
hearing shall be submitted to the parties or their agents on the spot for signature or seal after verification. If a party or his agent refuses to sign or affix his seal, the presiding hearer shall indicate it in the record.Article
62 a hearing shall be suspended under any of the following circumstances:
(1) it is necessary to conduct investigation and collect evidence anew;
(2) it is necessary to notify a new witness to be present to give testimony;
or (3) it is impossible to continue the hearing due to force majeure. Article
63 a hearing shall be terminated under any of the following circumstances:
(1) The party concerned withdraws the request for a hearing;
(2) The party concerned and his agent refuse to attend the hearing without justified reasons or withdraw from the hearing without permission;
(Three) the administrative penalty decision to be made has been changed and the hearing procedure is not applicable. Article
64 At the end of the hearing, the presiding officer of the hearing shall, on the basis of the hearing, fill in the report of the hearing, put forward the handling opinions and submit the transcript of the hearing to the person in charge of the emergency management department for examination. The emergency management department shall make a decision in accordance with the record of the hearing and the provisions of Article 50 of these Measures. Section
5 Service Procedures
Article 65 Service shall be accompanied by a receipt, on which the addressee shall record the date of receipt and affix his signature or seal. The date of receipt on the receipt of service by
the addressee shall be the date of service. Article
66 The written decision of administrative penalty shall be delivered to the party concerned on the spot after the announcement; if the party concerned is not present, the emergency management department shall, within 7 days, serve the written decision of administrative penalty on the party concerned in accordance with the relevant provisions of the Civil Procedure Law of the People's Republic of China:
(1) Deliver it directly to the addressee. If the addressee is a citizen, the documents shall be signed and received by his adult family member living with him in person, and the relationship between the addressee and the addressee shall be indicated in the remarks column of the return of service of the written decision on administrative penalty; if the addressee is a legal person or other organization, the legal representative of the legal person, the principal person in charge of the other organization or the person of the legal person or organization responsible for receiving documents shall sign and receive them;
(2) If the addressee has designated an agent to the emergency management department, it shall be delivered to the agent for signature;
(3) If it is really difficult to deliver directly, it may be delivered by mail or by entrusting the local emergency management department to deliver on its behalf. If the document is served by mail, the date of receipt indicated on the receipt shall be the date of service; the emergency management department that serves the document on behalf of the recipient must immediately deliver the document to the addressee for signature upon receipt;
(4) If the addressee or the adult family member living with him refuses to accept the written decision of administrative penalty, the person serving the decision may invite representatives from the relevant grass-roots organization or the unit to which the addressee belongs to appear on the scene, explain the situation, record the reasons for the refusal and the date on the receipt of the written decision of administrative penalty, which shall be signed or sealed by the person serving the decision and the witness, and leave the written decision of administrative penalty at the domicile of the addressee; The written decision of administrative penalty may also be left at the domicile of the addressee, and the service process shall be recorded by means of photography or video recording, and the service shall be deemed to have been made;
(5) If the whereabouts of the addressee is unknown, or if the service cannot be made by the above means, the decision may be served by public announcement, and 30 days from the date of the public announcement shall be deemed to have been served. For service by public announcement, the reasons and process shall be recorded in the case files. The
emergency management department shall serve other administrative penalty enforcement documents in accordance with the provisions of the preceding paragraph. Article
67 The emergency management department may require the addressee to sign a confirmation of the address of service. If the addressee agrees and signs the confirmation of service address, the emergency management department may serve the administrative penalty enforcement documents such as the administrative penalty decision to the addressee by fax or e-mail as stipulated in the confirmation. The date on which a fax, e-mail, etc., reaches the addressee's specific system is the date of service. Chapter
IV Application
of Administrative Penalties Article 68 When imposing administrative penalties, the emergency management department shall order the production and business operation units and their relevant personnel to correct their illegal acts or to correct their illegal acts within a time limit. Article
69 The illegal gains of a party shall be confiscated, except for those that should be returned or compensated according to law. The term "illegal income" as mentioned in
these Measures shall be calculated according to the following provisions:
(1) in the case of producing or processing products, the sales income of the products produced or processed shall be regarded as the illegal income;
(2) in the case of selling commodities, the sales income shall be regarded as the illegal income;
(3) The service income or remuneration shall be regarded as illegal income for providing intermediary services or leasing services for production safety;
(4) If the sales income cannot be calculated, it shall be calculated according to the average sales income of the local production and operation units of the same kind and scale;
(5) If the service income or remuneration cannot be calculated, it shall be calculated according to the average income or remuneration of the same service in the same industry in the locality. Article
70 When imposing administrative penalties, the emergency management department shall apply the provisions of the laws, regulations and rules at the time of the occurrence of the illegal act. However, when making a decision on administrative penalty, laws, regulations and rules have been amended or abolished, and the new provisions are lighter or not considered illegal, the new provisions shall apply. Article
71 The emergency management department shall not impose more than two administrative penalties on the same illegal act of production safety committed by the party concerned. If the
same illegal act of production safety violates multiple legal norms and should be fined, it shall be punished in accordance with the provisions of the high amount of fines.
Article 72 Where a party violates different legal provisions or violates different illegal circumstances of the same provision, and has two or more illegal acts of production safety that should be given administrative penalties, the emergency management department shall apply different legal provisions or different illegal circumstances of the same legal provision, and impose separate discretion and combined penalties. Article
73 If a production and business operation entity or its principal person in charge or other persons commit any of the following acts, they shall be given a warning, and the production and business operation entity may be fined not less than 10000 yuan but not more than 50000 yuan. A fine of not less than 1,000 yuan but not more than 20,000 yuan shall be imposed on the main person in charge and other relevant personnel:
(1) Operating in violation of the operating rules or safety management regulations;
(2) Directing employees in violation of regulations or forcing employees to operate in violation of regulations or at risk;
(3) failing to stop employees from operating in violation of regulations;
(4) carrying out production in excess of the approved production capacity, intensity or personnel quota;
(5) unsealing or using the sealed or detained facilities, equipment, apparatus, dangerous goods and workplaces without authorization;
(6) Deliberately providing false information or concealing the existence of potential accidents and other safety problems;
(7) Refusing to implement the safety supervision and supervision instructions issued according to law. Article
74 If a production and business operation entity knows or should know that it has not obtained a safety production license or other approval documents to engage in production and business operation activities without authorization, and still provides it with conditions for production and business operation sites, transportation, storage and warehousing, it shall be ordered to stop the illegal activities immediately, and if there are illegal gains, the illegal gains shall be confiscated. A fine of not less than one time but not more than three times the illegal income shall be imposed, but the maximum shall not exceed 50,000 yuan; if there is no illegal income, a fine of not less than 5,000 yuan but not more than 20,000 yuan shall be imposed.
Article 75 Where a production and business operation entity or any of its relevant personnel fraudulently obtains a work safety license or other approval documents by cheating or colluding with the administrative examination and approval personnel, the license and approval documents shall be revoked according to law, and a fine shall be imposed in accordance with the following provisions:
The illegal gains shall be confiscated and a fine of not less than one time but not more than three times the amount of the illegal gains shall be imposed, but the maximum amount shall not exceed 50,000 yuan; if there are no illegal gains, a fine of not less than 5,000 yuan but not more than 20,000 yuan shall be imposed;
(2) a fine of not less than 1,000 yuan but not more than 20,000 yuan shall be imposed on the person concerned. The production and business operation entity and its relevant personnel who
have committed the illegal acts as prescribed in the preceding paragraph shall not apply for the administrative license again within three years. If the
production and business operation entity and its relevant personnel fail to go through the formalities for the alteration of the work safety license according to law, they shall be ordered to make corrections within a time limit, and the production and business operation entity shall be fined not less than 10000 yuan but not more than 50000 yuan, and the relevant personnel shall be fined not less than 1000 yuan but not more than 10000 yuan.Chapter
V Execution and Filing
of Administrative Penalty Article 76 After a decision on administrative penalty has been made in accordance with law, the party shall carry it out within the time limit specified in the written decision of administrative penalty. If
the party concerned really has financial difficulties and needs to postpone or pay the fine in installments, the payment may be postponed or paid in installments upon the application of the party concerned and the approval of the emergency management department. Article
77 If a party fails to perform the decision on administrative penalty within the time limit, the emergency management department that has made the decision on administrative penalty may take the following measures:
(1) If the party fails to pay the fine within the time limit, an additional fine of 3% of the amount of the fine shall be imposed daily, and the amount of the additional fine shall not exceed the amount of the fine;
(2) to auction or dispose of the facilities, equipment, apparatuses, dangerous articles and other properties that have been sealed up or detained, or to transfer the frozen deposits or remittances to offset the fines;
(3) to adopt other administrative enforcement methods in accordance with the law;
(4) Apply to the people's court for enforcement in accordance with the provisions of the Administrative Enforcement Law of the People's Republic of China. If the
emergency management department approves the extension or payment of the fine in installments, the time limit for applying to the people's court for compulsory execution shall be calculated from the date of the end of the period of suspension or payment of the fine in installments. Article
78 If a party refuses to accept the decision on administrative penalty and applies for administrative reconsideration or brings an administrative lawsuit, enforcement of the administrative penalty shall not be suspended, except as otherwise prescribed by law. If
a party applies for administrative reconsideration or institutes administrative litigation, the amount of the additional fine shall not be calculated during the period of administrative reconsideration or administrative litigation. Article
79 Where a fine is collected on the spot by the administrative law enforcement officer of production safety, he shall issue a special bill uniformly made and issued by the financial department of the State Council or the financial department of the people's government of the province, autonomous region or municipality directly under the Central Government. The fine collected on the spot shall be handed over to the emergency management department within 2 days from the date of collection of the fine; The emergency management department shall pay the fine to the designated bank within 2 days.
Article 80 In addition to the articles that should be destroyed according to law, if it is necessary to auction the sealed or seized facilities, equipment, equipment and dangerous articles to offset the fines, they shall be disposed of in accordance with the law or the relevant provisions of the State. The articles to be destroyed shall be disposed of in accordance with the relevant provisions of the State; if there are no such provisions, they shall be destroyed under the supervision of more than two administrative law enforcement officers of production safety with the approval of the person in charge of the emergency management department, and the destruction records shall be made. A list shall be made for the disposal of articles. Article
81 Fines, confiscated illegal gains, confiscated illegal property and things of value, money obtained from sale by auction or confiscated illegally mined coal and mining equipment must be turned over to the higher authorities according to the relevant provisions. No unit or individual may intercept, privately divide up or do so in disguised form. Article
82 The emergency management department of the people's government at the county level shall impose a fine of more than 100000 yuan, confiscate illegal income of more than 100000 yuan, confiscate illegal property or illegally mined coal and mining equipment with a value of more than 100000 yuan, order the suspension of construction, order the suspension of production and business for rectification, order the suspension of production and business, and restrict employment. Administrative penalties for lowering relevant qualification levels, revoking relevant licenses and revoking relevant professional qualifications and post certificates shall be reported to the emergency management department of the municipal people's government with districts for the record within 10 days from the date of making the decision on administrative penalties. Article
83 The emergency management department of the municipal people's government with districts shall impose a fine of more than 200000 yuan, confiscate illegal income of more than 200000 yuan, confiscate illegal property or illegally mined coal and mining equipment with a value of more than 200000 yuan, order the suspension of construction, order the suspension of production and business for rectification, order the suspension of production and business, and restrict employment. Administrative penalties for lowering relevant qualification levels, revoking relevant licenses and revoking relevant professional qualifications and post certificates shall be reported to the emergency management department of the provincial people's government for the record within 10 days from the date of making the decision on administrative penalties. Article
84 The emergency management department of the provincial people's government shall impose a fine of more than 1 million yuan, confiscate illegal income of more than 1 million yuan, confiscate illegal property or illegally mined coal and mining equipment with a value of more than 1 million yuan, order the suspension of construction, order the suspension of production and business for rectification, order the suspension of production and business, and restrict employment. Administrative penalties for lowering relevant qualification levels, revoking relevant licenses and revoking relevant professional qualifications and post certificates shall be reported to the Ministry of Emergency Management for the record within 10 days from the date of making the decision on administrative penalties. Article
85 Where an administrative penalty is imposed on a case handed over by a higher emergency management department, the emergency management department that decides on the administrative penalty shall report it to the higher emergency management department for the record within 10 days from the date of making the decision on the administrative penalty. Article
86 After the execution of an administrative penalty is completed, the case materials shall be filed and filed in accordance with the relevant provisions. After the
files are filed, no unit or individual may add, extract, alter or destroy the files without authorization. Without the approval of the person in charge of the emergency management department, no unit or individual may borrow the files. Chapter
VI Supplementary Provisions
Article 87 The term "production and operation units" as mentioned in these Measures refers to the basic units engaged in production or operation activities legally or illegally, including enterprise legal persons, partnerships without enterprise legal person status, individual industrial and commercial households and other production and operation entities. Where an individual engages in production and operation activities without obtaining the relevant work safety permit or business license in accordance with the law, it shall be dealt with in accordance with the laws and administrative regulations on work safety and the investigation and punishment of unlicensed and unlicensed operations; if a work safety accident occurs, it shall be liable in accordance with the law. Article
88 In these Measures, "above", "below" and "within" all include this number. Article
89 The provisions of "2 days", "5 days", "7 days" and "10 days" in these Measures refer to working days, excluding statutory holidays and rest days.
Article 90 These Measures shall come into force on February 1, 2026. The former State Administration of Work Safety promulgated on November 30, 2007, and the Administrative Punishment Measures for Illegal Acts in Production Safety, amended on April 2, 2015, were abolished at the same time.
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