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煤炭生产许可证管理办法 MEASURES FOR ADMINISTRATION OF COAL PRODUCTION LICENSE

2006-05-16 16:32   我要纠错 | 打印 | 收藏 | | |

国务院令第168号
(Promulgated by Decree No. 168 of the State Council of the People's Republic of China on December 20, 1994, and effective as of the date of promulgation)
颁布日期:19941220  实施日期:19941220  颁布单位:国务院

  Chapter I General Provisions

  Article 1 The Measures are formulated for purpose of strengthening the administration of coal industry and ensuring safety in coal production.

  Article 2 Coal production enterprises mining coal within the territory of the People's Republic of China must obtain a coal production license in accordance with provisions of the Measures.

  Coal production enterprises having no coal production license shall not be permitted to engage in coal production.

  Article 3 Departments in charge of coal industry of the State Council and of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the issue and administration of coal production license.

  Chapter II Requirements for Obtaining a Coal Production License

  Article 4 State-owned coal enterprises and foreign investment coal enterprises applying for coal production licenses shall meet the following requirements:

  (1) Have a coal mining license obtained in accordance with law;(2) Have an approved mining design or mining scheme;

  (3) The production system including mine elevator, transport, ventilation, drainage and power supply, etc., is perfect and reliable, accords with rules of coal mine safety prescribed by the state, and has been checked and accepted in accordance with law;

  (4) The director of the coal enterprise has received proper training and obtained a credential for directors of coal enterprises;

  (5) The gas inspector, coal miner driver and other special technical workers have operation credentials issued in accordance with relevant stipulations of the state by administrative department in charge of coal industry of the local people's government at or above the county level;

  (6) The communication of production management up or down the pit, inside or outside the mine is unblocked;

  (7) Have environmental protection measures required by relevant laws and regulations;

  (8) Have a certification for the completion of safety equipment for mine engineering; and

  (9) Other requirements prescribed by laws and regulations.

  Article 5 The coal enterprises other than state-owned and foreign investment ones applying for a coal production license shall meet the following requirements:

  (1) Have a coal mining license obtained in accordance with law;

  (2) Have an approved mining design;

  (3) The mine production system accords with rules of coal mine safety prescribed by the state;

  (4) The director of the coal enterprise has received proper training and obtained a credential for directors of coal enterprises;

  (5) The gas inspector, coal miner driver and other special technical workers have operation credentials issued in accordance with relevant stipulations of the state by administrative department in charge of coal industry of the local people's government at or above the county level;

  (6) The communication of production management up or down the pit, inside or outside the mine is unblocked;

  (7) Have up- against down-pit engineering drawings, plane figure for excavation and ventilation figure;

  (8) Have necessary environmental protection measures;

  (9) Have a certification for the completion of safety equipment for mine engineering; and

  (10) Other requirements prescribed by laws and regulations.

  Chapter III Procedures for Obtaining Coal Production License

  Article 6 The department in charge of coal industry of the State Council shall be responsible for the issue and management of coal production licenses with respect to coal enterprises coming under the following categories:

  (1) Coal enterprises approved to establish by the State Council and competent departments concerned of the State Council;

  (2) Coal enterprises involving more than one province, autonomous region, or municipality directly under the Central Government; and

  (3) Foreign investment coal enterprises.

  The department in charge of coal industry of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the issue and management of coal production licenses with respect to other coal enterprises than those listed in the preceding paragraph.

  Article 7 Coal enterprises shall apply for a coal production license for every mine(pit)。

  Article 8 Coal enterprises applying for coal production license shall, in accordance with provisions of Article 6 of the Measures, before completing the construction of the mine(pit) and putting it into operation, submit an application and related papers and data prescribed by Articles 4 and 5 of the Measures to the department in charge of coal industry of the State Council or of the people's government of the province, autonomous region or municipality directly under the Central Government (hereinafter referred to as “agency for issue and administration of coal production licenses”)。

  Agency for issue and administration of coal production licenses shall, within 60 days from receipt of the application and related papers and data submitted by a coal enterprise, complete the examination and verification thereof. Where the application is approved after examination, the agency shall issue a coal production license to the applicant; Where the application is not approved after examination, the coal production license shall not be issued, but the agency shall send a written notice to the applicant, and explain the reasons for disapproval.

  Article 9 Coal production licenses shall be made unitarily by the department in charge of coal industry of the State Council. No other organizations or individuals are allowed to make it without authorization.

  Article 10 The term of validity of the coal production license shall be the same as the production and service period of the coal enterprise. For the extension of the license, the coal enterprise shall, 3 months before the expiration of the term, submit an application to the original agency for issue and administration of coal production licenses.

  Article 11 Coal enterprises having obtained the coal production license shall pay the agency for issue and administration of coal production licenses the cost of making the license. The charging standard shall be prescribed by the department in charge of the coal industry of the State Council, in conjunction with the department in charge of finance and the department in charge of price of the State Council.

  Chapter IV Supervision and Administration of Coal Production Licenses

  Article 12 Agencies for issue and administration of coal production licenses shall strengthen the supervision and administration of coal production licenses, and adopt an annual inspection system.

  Coal enterprises shall subject themselves to the supervision and inspection by agency for issue and administration of coal production licenses.

  Article 13 Agencies for issue and administration of coal production licenses shall institute and perfect a file management system for coal production licenses.

  Article 14 The department in charge of coal industry of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall send the license back-up file to the department in charge of coal industry of the State Council immediately after they have issued a coal production license.

  Article 15 In cases where any coal production license is found to be improperly issued by the department in charge of coal industry of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government, the department in charge of coal industry of the State Council shall immediately put it right or have the license revoked.

  Chapter V Penalties

  Article 16 Those violating provisions of the Measures and coming under any of the following categories shall, according to the circumstances, be imposed on a fine not exceeding 50,000 RMB, confiscated of all illegal gains, ordered to suspend the production, or revoked of the coal production license by the agency for issue and administration of coal production licenses or by the department in charge of coal industry of people's government at the county level authorized by the former:

  (1) Those engaging in coal production without a coal production license;

  (2) Those still engaging in coal production without extending the coal production license after the expiration of the license;

  (3) Those already in operation who are found failing to meet the requirements for obtaining coal production license, but fail to make rectification or improvement according to the demand of the department in charge of coal industry, or fail to meet said requirements even after rectification or improvement; or

  (4) Those counterfeiting, transferring or using other than their own coal production license.

  Article 17 In cases where any department in charge of coal industry commits any of the following acts in violation of the Measures, the directly responsible person in charge and other directly responsible person shall be subject to administrative sanctions:

  (1) Refusing to issue a coal production license to a coal enterprise which is qualified for obtaining the license; or

  (2) Issuing a coal production license to a coal enterprise which is not qualified for obtaining the license.

  Article 18 All revenue from punishment of fine and confiscation under Article 16 of the Measures shall be turned over to the state treasury.

  Chapter VI Supplementary Provisions

  Article 19 Coal enterprises already in operation before the promulgation and implementation of the Measures shall apply for a coal production license retroactively within 6 months from the date of promulgation and implementation of the Measures.

  Article 20 The department in charge of coal industry of the State Council may make implementation rules according to the Measures.

  Article 21 The Measures shall enter into force on the date of promulgation.

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