New regulation | "approval rules for special equipment inspection institutions (draft for comment)" was released
In order to further standardize the approval work of special equipment inspection institutions, promote the reform of special equipment inspection work and the reform of special equipment administrative license, the Bureau has organized the drafting of the "Rules for Approval of Special Equipment Inspection Institutions (Draft for Comments)" (see the attachment), which is now open to the public for comments.Public feedback can be provided by:
1. Go to the website of the State Administration for Market Regulation (http://www.samr.gov.cn) and put forward opinions through "Solicitation and Investigation" in the "Interactive" column on the home page.
2. The public may send their comments to [email protected] by E-mail with the subject line "Approval Rules for Special Equipment Inspection Institutions open for Comments".
3. Send your comments by letter to Special Equipment Bureau, State Administration for Market Regulation, No. 9, Madian East Road, Haidian District, Beijing (postcode: 100088), and mark on the envelope "Approval Rules for Special Equipment Inspection Institutions open for Comments".
The deadline for feedback is December 15, 2020.
Annex: Approval Rules for Special Equipment Inspection Institutions (Draft for comments)
Special Equipment Bureau, General Administration of Market Regulation
November 23, 2020
Rules for approval of special equipment inspection institutions
(Draft for Comments)
Chapter I General Provisions
Article 1 In order to regulate the approval of special equipment inspection institutions, these rules are formulated in accordance with the Special Equipment Safety Law of the People's Republic of China and the Regulations on Safety Supervision of Special Equipment.
Article 2 These Rules shall apply to the approval of special equipment inspection institutions engaged in supervision and inspection of special equipment and regular inspection.
Article 3 special equipment inspection institutions shall after approval, obtain the law of the People's Republic of China special equipment inspection organizations approved certificate (hereinafter referred to as the "approval certificate", style see annex A) after the approval to be in the project (see appendix B and C) within the special equipment inspection, the approval certificate is valid for 4 years.
Article 4 Special equipment inspection institutions shall be classified into Class A inspection institutions, Class B inspection institutions and Class C inspection institutions.
Class A inspection institutions have the legal person status and are engaged in supervision and inspection of special equipment and regular inspection. According to their scale and ability, they are divided into Class A1, Class A2 and Class B.
Category B inspection institutions are special equipment inspection institutions set up by local people's governments with the responsibility of ensuring the safety of special equipment, which are public welfare institutions and undertake supervision and inspection of special equipment and regular inspection work within the areas specified by local people's governments.
Class C inspection institutions are inspection institutions applied by the special equipment users in the name of the special equipment users or their wholly-owned subsidiaries for undertaking regular inspection of the special equipment registered under the name of the special equipment users.
Chapter II Qualification examination and approval
Section 1 General Requirements
Article 5 The approval of special equipment inspection institutions shall be divided into the first approval, the extension approval, the extension approval and the alteration approval.The approval process includes application, acceptance, appraisal and review, examination and approval and certification.
The examination and approval of special equipment inspection institutions shall be conducted in the national special equipment administrative license examination and approval system.
Article 6 the application for approval of special equipment inspection institutions (hereinafter referred to as the applicant) shall satisfy the provisions of this rule approved conditions (see the appendix D, E), in accordance with the special equipment inspection organizations quality management system requirements "(see annex F) to establish and implement quality management system effectively, in accordance with the laws, regulations and rules, safety technology specification and standard requirements to carry out the inspection work, ensure the quality of the inspection work.
Article 7 The department of The State Council in charge of the safety supervision and administration of special equipment and the department of provincial people's government in charge of the safety supervision and administration of special equipment shall be the approval organ, and shall be responsible for the acceptance, examination and approval and certificate issuance of the approval by special equipment inspection institutions.The department of The State Council responsible for the safety supervision and administration of special equipment is responsible for the approval of class A inspection institutions (grade A1 and Grade A2 only);The department of the provincial people's government in charge of the safety supervision and administration of special equipment shall be responsible for the approval of class A inspection institution (only class B), Class B inspection institution and Class C inspection institution.
Section 2 Application and Acceptance
Article 8 The applicant shall submit the Application for Approval of Special Equipment Inspection Institutions to the approval authority (see Annex G for the format).The applicant shall be responsible for the authenticity of the application materials submitted.
A class inspection institution and a class C inspection institution shall apply for the project approval in accordance with Annex B, and B class inspection institution shall apply for the project approval in accordance with Annex C.
The branch cannot apply for approval separately;A subsidiary shall submit a separate application for approval.
Article 9 Upon receipt of the application materials, the approval authority shall accept the application within 5 working days if the materials are complete and in accordance with the legal form, issue and send to the application unit and the entrusted appraisal and evaluation institution "Letter of Acceptance of Administrative License for Special Equipment", indicating the name and contact information of the entrusted appraisal and evaluation institution.
After receiving the application materials, if the application materials are not complete or do not conform to the legal form, the approving authority shall inform the applicant of all the contents that need to be supplemented and corrected at one time within 5 working days.
Article 10 After receiving the application materials, the approval authority shall, in any of the following circumstances, issue a Decision on the Rejection of Administrative License for Special Equipment to the application unit within 5 working days:
(1) the applicant does not meet the requirements for application;
(2) where an application has been submitted within three years after being punished with the administrative penalty of hanging (withdrawing) and canceling the Approval Certificate according to law;
(3) concealing relevant information or providing false application materials is found;
(4) the approving organ does not accept or approve the application for approval due to concealing relevant information or providing false information, and the approving organ submits the application again within less than one year;
(5) other matters that should not be accepted.
Article 11 If the application of the applicant entity is accepted, and the name, residence, office address, type of organization and the approved project of the applicant entity change before appraisal and evaluation, the applicant entity shall file an application for alteration to the original approval authority.
Section 3 Appraisal and evaluation
Article 12 After receiving the entrustment of the approving organ, the appraisal and evaluation institution shall, within 10 working days, agree on the date of appraisal and evaluation with the applicant, inform the applicant of the guide, date, procedure and requirements for appraisal and evaluation, and complete the on-site appraisal and evaluation within 60 working days.Where an appraisal and evaluation institution is unable to complete the on-site appraisal within the time limit for some reason, it shall report to the approving authority.
Article 13 The applicant shall submit the quality manual and the registration information of inspection personnel to the appraisal and evaluation institution before the appraisal and evaluation.
Article 14 Procedures and requirements for on-site appraisal and evaluation
The evaluation team carries out on-site appraisal and evaluation:
(1) The procedures of on-site appraisal and assessment generally include: the first meeting, on-site inspection, group review (including branch offices and branches set up by public institutions engaged in inspection work, the same below), summary of the situation, exchange of views, summary meeting, etc.;
(2) The review team shall form review records;
(3) Upon completion of the on-site appraisal and evaluation, the review team shall inform the applicant of the problems it has found;If rectification cannot be completed on site, both parties shall sign the Memorandum of Special Equipment Evaluation;The rectification time should not exceed 6 months.。
Article 15 Conclusion and report of appraisal and appraisal
According to the following requirements, the evaluation conclusion can be divided into conforming conditions, conforming conditions after rectification and non-conforming conditions:
(1) if the approval conditions are met, the appraisal and evaluation conclusions shall be considered as meeting the requirements;
(2) The license conditions are met after the rectification, and the evaluation conclusion is that the conditions are met after the rectification;
(3) With the exception of subparagraph (1) (2) of this paragraph, the appraisal and evaluation conclusion is unqualified.
The appraisal and appraisal institution shall, in accordance with the entrustment regulations, issue and submit the appraisal and appraisal report to the approving authority in a timely manner.
The appraisal and evaluation work (including rectification time) shall be completed within one year from the date of issuance of the Decision on Acceptance of Administrative License for Special Equipment.
Article 16 The appraisal and appraisal work shall follow the principles of objectivity, impartiality and confidentiality, and no special equipment inspection or testing institution shall be entrusted to carry out the appraisal and appraisal work of the special equipment inspection institution.
Section 4 Examination and approval and certificate issuing
Article 17 After receiving the appraisal and appraisal report and relevant materials submitted by the appraisal and appraisal institution, the examination and approval authority shall, within 20 working days, examine the appraisal and appraisal report and relevant materials.If the license does not meet the requirements, the application unit shall be issued with a Decision of Not granting administrative License for Special Equipment.
The Approval Certificate shall indicate the categories and grades of special equipment inspection institutions, the information (including name, residence and office address) of branches and branches set up by public institutions, and the address of inspection sites (including periodic inspection of mobile pressure vessels and gas cylinders), etc.
Section V Continuation, Addition and Alteration
Article 18 the accredited institutions after the expiration of the valid period of the approval certificate, need to continue to engage in special equipment inspection, shall be at the expiration of the valid period of the approval certificate of six months ago (and not more than 12 months) apply to the approval authority for approval, failed to timely submit an application, shall apply in the continuation of approval by state reasons in a written document.The application, acceptance, appraisal and evaluation, examination and approval and certificate issuing for the continuation of approval shall be carried out in accordance with the provisions of Articles 5 to 17 of these Rules.
Article 19 the accredited institutions within the validity of the certificate approval to apply for add item for approval (including increasing approved projects, increasing branch, branch office or business unit test site, etc.), its application, application and appraisal review, approval and issuance in accordance with article 5 to the provisions of article 17 of these rules, the approval certificate valid for the same.
Article 20 Within the validity period of the Approval Certificate, if the name, residence and office address of the certificate holder change, it shall, within 30 days from the date of change, apply to the approval authority for alteration of the Approval Certificate.The approving authority shall, within 20 working days from the date of receipt of the application for change, make a decision on whether to grant the change or not.If the approval is changed, a new "Approval Certificate" shall be issued, and the validity period of the "Approval Certificate" shall remain unchanged;If no alteration is made, the applicant shall be informed in writing and explain the reasons.If the approval authority deems it necessary to conduct on-site appraisal and evaluation, the provisions of Articles 5 to 17 of these Rules shall apply.
In case of any change of organization type, the provisions of Article 5 to article 17 of these Rules shall apply, and the validity period of the "Approval Certificate" shall remain unchanged.
Article 21 If a certification holding institution needs to extend its approval due to reasons such as restructuring, reorganization, relocation or force majeure, it shall file an application for extension approval with the approval authority three months before the expiration of the validity period of the Certificate.At the time of application, explanations and materials concerning the restructuring, reorganization, relocation or force majeure shall be submitted simultaneously.
It may be extended upon approval, and the extended period of validity shall not exceed one year;The duration of the extension will be deducted in the next approval period.
Chapter III Supplementary Provisions
Article 22 The safeguard obligations of Class B inspection institutions:
(1) To undertake the responsibility for the full inspection of special equipment within a limited area;
(2) To undertake the supporting work related to the safety of special equipment as required by the local department responsible for the safety supervision and administration of special equipment;
(3) Implement the policy of reducing and exempting fees for local special equipment inspection.
Article 23 If a special equipment inspection institution is engaged in nondestructive testing of the special equipment under its own responsibility, it is no longer required to obtain the corresponding nondestructive testing qualification for the special equipment, but it shall have the testing equipment and nondestructive testing personnel suitable for the inspection work.
Inspection institutions for special equipment shall not engage in nondestructive testing of special equipment in production links within the scope of their supervision and inspection.
Article 24 Special equipment inspection institutions cannot be approved as class A and Class C inspection institutions at the same time.
Article 25 special equipment inspection institutions at any one level (city) administrative jurisdiction for the first time to carry out the inspection before, to (city) level shall be reported to the local special equipment safety supervision and management departments to inform, and realizes the test information management system and testing equipment used data docking registration management system, after the inspection in accordance with the requirements of the local special equipment safety supervision and administration department in a timely manner to upload test data.
The department in charge of the safety supervision and administration of special equipment shall open the data receiving port of the registration management system and allow the special equipment inspection institution that applies to upload the data.
Article 26 The State Administration for Market Regulation shall be responsible for the interpretation of these Rules.
Article 27 These Rules shall take effect as of (month) (day) (year).On December 3, 2004 of general administration of quality supervision, inspection and quarantine issued approval rules for special equipment inspection testing institution (TSG Z7001-2004) and the no. 1, no. 2 and no. 3, modify the list, the "special equipment inspection appraisal review rules of examination organization (TSG Z7002-2004) and the no. 1 modify the list, the" special equipment inspection testing organizations quality management system requirements "(TSGZ7003-2004) and notice of AQSIQ on Adjustment & LT; Approval Rules of Special Equipment Inspection and Testing Institutions & GT; Requirements of Senior inspectors (AQSIQ Announcement No. 66 of 2013) shall be repealed simultaneously.
