Laws & Regulations
Regulations on Work Safety Licensing
(Promulgated by Decree No. 397 of the State Council of the People's Republic of China on January 13, 2004; revised for the first time in accordance with the Decision of the State Council on Abolishing and Amending Certain Administrative Regulations on July 18, 2013; and revised for the second time in accordance with the Decision of the State Council on Amending Certain Administrative Regulations on July 29, 2014)
Article 1 These Regulations are formulated in accordance with the relevant provisions of the Law of the People's Republic of China on Work Safety, with the purpose of strictly standardizing work safety conditions, enhancing the supervision and administration of work safety, and preventing and reducing work-related accidents.
Article 2 The state implements a work safety licensing system for mining enterprises, construction enterprises, and enterprises engaged in the production of hazardous chemicals, fireworks and firecrackers, and civil explosives (hereinafter collectively referred to as "enterprises").
Enterprises that have not obtained a work safety license shall not engage in production activities.
Article 3 The work safety supervision and administration department under the State Council shall be responsible for the issuance and administration of work safety licenses for non-coal mining enterprises and enterprises producing hazardous chemicals, fireworks and firecrackers under central management.
The work safety supervision and administration departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall be responsible for the issuance and administration of work safety licenses for non-coal mining enterprises and enterprises producing hazardous chemicals, fireworks and firecrackers other than those specified in the preceding paragraph, and shall be subject to the guidance and supervision of the work safety supervision and administration department under the State Council.
The national coal mine safety supervision authority shall be responsible for the issuance and administration of work safety licenses for coal mining enterprises under central management.
The coal mine safety supervision authorities established in provinces, autonomous regions, and municipalities directly under the Central Government shall be responsible for the issuance and administration of work safety licenses for other coal mining enterprises besides those specified in the preceding paragraph, and shall be subject to the guidance and supervision of the national coal mine safety supervision authority.
Article 4 The competent departments in charge of construction within the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall be responsible for the issuance and administration of work safety licenses for construction enterprises, and shall be subject to the guidance and supervision of the competent department in charge of construction under the State Council.
Article 5 The competent departments in charge of civil explosives industry within the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall be responsible for the issuance and administration of work safety licenses for civil explosives production enterprises, and shall be subject to the guidance and supervision of the competent department in charge of civil explosives industry under the State Council.
Article 6 To obtain a work safety license, an enterprise shall meet the following work safety conditions:
(I) Having established and maintained a work safety responsibility system, and formulated comprehensive work safety rules, regulations, and operating procedures;
(II) Ensuring that its safety investments comply with work safety requirements;
(III) Having set up a work safety management organization and equipped it with full-time work safety management personnel;
(IV) Ensuring its principal responsible persons and work safety management personnel have passed the relevant assessment;
(V) Ensuring its special operation personnel have passed the assessment conducted by the competent authorities and obtained special operation qualification certificates;
(VI) Ensuring its employees have received work safety education and training and have been certified as qualified;
(VII) Having participated in workers' compensation insurance in accordance with the law and paid insurance premiums for its employees;
(VIII) Ensuring its workshops, workplaces, safety facilities, equipment, and processes comply with the requirements of relevant work safety laws, regulations, standards, and rules;
(IX) Having occupational hazard prevention and control measures, and providing employees with personal protective equipment that conforms to national standards or industry standards;
(X) Having conducted safety assessments in accordance with the law;
(XI) Having measures for the detection, evaluation, monitoring, and control of major hazard installations, along with emergency preparedness plans;
(XII) Having emergency rescue plans for work safety accidents, emergency rescue organizations or emergency rescue personnel, and being equipped with necessary emergency rescue equipment and devices;
(XIII) Other conditions stipulated by laws and regulations.
Article 7 Before commencing production, an enterprise shall, in accordance with the provisions of these Regulations, apply to the authority responsible for the issuance and administration of work safety licenses and provide the relevant documents and materials specified in Article 6. The authority shall complete the review within 45 days from the date of receipt of the application. If the enterprise meets the work safety conditions stipulated in these Regulations, a work safety license shall be issued; if not, the authority shall refuse to issue the license and notify the enterprise in writing, stating the reasons for the refusal.
Coal mining enterprises shall obtain work safety licenses on a per-mine (per-pit) basis in accordance with the provisions of these Regulations.
Article 8 The format of work safety licenses shall be uniformly prescribed by the work safety supervision and administration department under the State Council.
Article 9 The term of validity for a work safety license shall be three years. If an enterprise wishes to extend the validity period upon expiry, it shall complete the extension formalities with the authority that issued the original license at least three months before the expiration date.
If, during the validity period, the enterprise fully complies with relevant work safety laws and regulations and no fatal accidents occur, the issuing authority may, upon license expiry, approve an extension for an additional three years without conducting a further review.
Article 10 The authorities responsible for the issuance and administration of work safety licenses shall establish and maintain a comprehensive work safety license filing system and regularly publish information on enterprises that have been granted work safety licenses.
Article 11 The authorities responsible for the issuance and administration of work safety licenses for coal mining enterprises, construction enterprises, and civil explosives production enterprises shall annually report on license issuance and administration to the work safety supervision and administration departments at the same level.
Article 12 The work safety supervision and administration department under the State Council and the work safety supervision and administration departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall supervise the acquisition of work safety licenses by construction enterprises, civil explosives production enterprises, and coal mining enterprises.
Article 13 Enterprises shall not transfer, or fraudulently use work safety licenses, nor use forged work safety licenses.
Article 14 After obtaining a work safety license, an enterprise shall maintain its work safety conditions, strengthen daily work safety management, and accept supervision and inspection from the authority responsible for the issuance and administration of work safety licenses.
This authority shall intensify the supervision and inspection of licensed enterprises, and if it determines that an enterprise no longer meets the work safety conditions stipulated in these Regulations, the work safety license shall be temporarily suspended or revoked.
Article 15 Staff members of the authorities responsible for the issuance and administration of work safety licenses shall neither demand nor accept property from enterprises, nor seek to obtain other benefits, when issuing, administering, or supervising work safety licenses.
Article 16 Supervisory authorities shall, in accordance with the provisions of the Administrative Supervision Law of the People's Republic of China, supervise the performance of duties stipulated in these Regulations by the authorities responsible for the issuance and administration of work safety licenses and their staff members.
Article 17 Any unit or individual shall have the right to report acts violating these Regulations to the authorities responsible for the issuance and administration of work safety licenses, supervisory authorities, or other relevant departments.
Article 18 If staff members of the authorities responsible for the issuance and administration of work safety licenses commit any of the following acts, they shall be subject to administrative sanctions such as demotion or dismissal; if their actions constitute a crime, they shall be held criminally liable in accordance with the law:
(I) Issuing work safety licenses to enterprises that do not meet the work safety conditions stipulated in these Regulations;
(II) Failing to take lawful action upon discovering that an enterprise is engaged in production activities without having obtained a work safety license as required by law;
(III) Failing to take lawful action upon discovering that an enterprise that has obtained a work safety license no longer possesses the work safety conditions stipulated in these Regulations;
(IV) Failing to promptly address reports of violations of these Regulations after receiving them;
(V) Demanding or accepting property from enterprises, or seeking other benefits, in the course of issuing, administering, and supervising work safety licenses.
Article 19 Anyone who, in violation of the provisions of these Regulations, engages in production without obtaining a work safety license shall be ordered to cease production, have any illegal gains confiscated, and be fined between RMB 100,000 and RMB 500,000. If a major accident occurs or other serious consequences result, and a crime is constituted, criminal liability shall be pursued in accordance with the law.
Article 20 Anyone who, in violation of these Regulations, continues production after their work safety license has expired without completing the required extension formalities shall be ordered to cease production, required to complete the extension formalities within a specified time frame, have any illegal gains confiscated, and be fined between RMB 50,000 and RMB 100,000. If they fail to complete the extension formalities within the specified period and continue production, they shall be subject to penalties in accordance with Article 19 of these Regulations.
Article 21 Anyone who, in violation of these Regulations, transfers a work safety license shall have any illegal gains confiscated, be fined between RMB 100,000 and RMB 500,000, and have their work safety license revoked; if a crime is constituted, criminal liability shall be pursued according to law. Anyone who accepts a transferred license shall be punished in accordance with the provisions of Article 19 of these Regulations.
Anyone who fraudulently uses a work safety license or uses a forged work safety license shall be punished in accordance with the provisions of Article 19 of these Regulations.
Article 22 Enterprises that were engaged in production prior to the implementation of these Regulations shall, within one year from the date these Regulations come into effect, apply to the authority responsible for the issuance and administration of work safety licenses in accordance with the provisions herein. Enterprises that fail to apply within this time frame, or that do not meet the work safety conditions upon review and therefore fail to obtain a work safety license but continue production, shall be subject to penalties in accordance with Article 19 of these Regulations.
Article 23 The administrative penalties stipulated in these Regulations shall be decided by the authorities responsible for the issuance and administration of work safety licenses.
Article 24 These Regulations shall be effective as of the date of promulgation.
（Disclaimer：This document is a translation of the original official text and is provided for reference purposes only. While we strive for accuracy, errors or ambiguities may arise due to linguistic nuances and technical factors. This translation is not legally binding and should not be relied upon as the sole basis for decision-making. All content is governed exclusively by the original official version.）