Regulations approved at the office meeting of the Minister of Public Security on May 22, 2019
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The Measures for the Administration of Public Security of Explosive Hazardous Chemicals was approved at the office meeting of the Minister of Public Security on May 22, 2019.
Chinese name
Administrative Measures for Public Security of Explosive Dangerous Chemicals
The Measures for the Administration of Public Security of Explosive Hazardous Chemicals, adopted at the office meeting of the Minister of Public Security on May 22, 2019, are hereby promulgated and shall come into force as of August 10, 2019.[1]
July 6, 2019
Full text of the measures
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Administrative Measures for Public Security of Explosive Dangerous Chemicals
Article 2These Measures are applicable to the public security management of the production, operation, storage, use, transportation and disposal of explosive hazardous chemicals.
Article 3The explosive hazardous chemicals mentioned in these Measures refer to the chemicals listed in the list of explosive hazardous chemicals determined and published by the Ministry of Public Security, which can be used to manufacture explosives.
Article 4The entities engaged in explosive hazardous chemicals mentioned in these Measures refer to the entities that produce, manage, store, use, transport and dispose explosive hazardous chemicals.
Article 5The public security management of explosive hazardous chemicals should adhere to the principles of safety first, prevention first, governance according to law and systematic governance, and strengthen and implement the main responsibility of the employer.
The main person in charge of the business unit of explosive hazardous chemicals is the first person responsible for public security management, and is fully responsible for the public security management of explosive hazardous chemicals in the unit.
Article 6The work unit of explosive hazardous chemicals shall establish an information system of explosive hazardous chemicals and realize interconnection with the information system of the public security organ.
Public security organs and entities engaged in explosive hazardous chemicals shall implement electronic tracking and identification management for explosive hazardous chemicals, monitor and record the flow direction and flow of explosive hazardous chemicals.
Article 7Any unit or individual has the right to report any behavior that violates the regulations on public security management of explosive dangerous chemicals;The public security organ that receives the tip off shall investigate and deal with it in a timely manner according to law, keep secrets for the tip off personnel, and give rewards to those who have rendered meritorious service to the tip off.
Article 8The entities engaged in explosive hazardous chemicals shall strengthen the inspection, assessment, rewards and punishment of public security management, timely discover and rectify hidden dangers of public security, and keep records of inspection and rectification.
Chapter II Registration of Sales, Purchase and Flow Direction
Article 9The public security organ receives the notification from the emergency management department at the same level to issue the safe production license of hazardous chemicals, the safe use license of hazardous chemicalsHazardous Chemicals Business LicenseAfter the situation of the production safety license of fireworks and firecrackers, the enterprise that belongs to the enterprise of explosive dangerous chemicals shall be urged to establish an information system.
Article 10Enterprises that have legally obtained the safe production license, safe use license and business license of hazardous chemicals shall purchase explosive hazardous chemicals with corresponding licenses.The production enterprise of civil explosives shall purchase explosive hazardous chemicals with the production license of civil explosives.
Article 11Where any unit other than those specified in Article 10 of these Measures purchases explosive hazardous chemicals, it shall issue the following materials to the sales unit:
（2） The description of the legitimate use of explosive hazardous chemicals shall include the specific use, variety, quantity, etc.
It is strictly prohibited for individuals to purchase explosive hazardous chemicals.
Article 12When selling explosive hazardous chemicals, hazardous chemical production enterprises and trading enterprises shall check the relevant licenses or certification documents specified in Article 10 or Article 11 of these Measures, and shall not sell explosive hazardous chemicals to units and any individuals without relevant licenses or certification documents.
Article 13The sale, purchase and transfer of explosive hazardous chemicals shall be conducted through the bank account or electronic account of the enterprise, and shall not be conducted in cash or in kind.
Article 14When selling explosive hazardous chemicals, hazardous chemical production enterprises and trading enterprises shall truthfully record the name and address of the purchasing unit, the name of the operator, the ID card number, and the variety, quantity, and purpose of the explosive hazardous chemicals purchased.The retention period of sales records and copies of relevant licenses or supporting documents, and copies of the identity certificate of the operator shall not be less than one year.
The units selling and purchasing explosive hazardous chemicals shall, within five days after the sale and purchase, report the type, quantity and flow direction of the explosive hazardous chemicals sold and purchased to the local public security organ at the county level for record through the explosive hazardous chemicals information system.
Article 15The production, import and sub packaging units of explosive hazardous chemicals shall, in accordance with the relevant national standards and specifications, make electronic tracking marks for explosive hazardous chemicals. Reading the electronic tracking marks can display the corresponding types, quantities and flow information of explosive hazardous chemicals.
Article 16The business unit of explosive hazardous chemicals shall truthfully register the sales, purchase, warehousing, receiving, use, return, disposal and other information of explosive hazardous chemicals, and enter it into the information system of explosive hazardous chemicals.
Chapter III Disposal, Use, Transportation and Information Release
Article 17Where an entity engaged in the production of explosive hazardous chemicals changes, suspends production, suspends business or disbands, it shall report its production installations, storage facilities and disposal plans for the inventory of explosive hazardous chemicals to the competent department and the local public security organ at the county level for the record.
Article 18The user unit of explosive hazardous chemicals shall not lend or transfer the explosive hazardous chemicals purchased by it;If it is really necessary to transfer due to change of production, suspension of production, relocation, closure, etc., it shall be transferred to the unit with the relevant license or certification documents specified in Article 10 or Article 11 of these Measures.
Both parties shall report the relevant information to the local public security organ at the county level within five days after the transfer.
Article 19If it is necessary to park for a long time due to accommodation or circumstances affecting normal transportation during the transportation of explosive hazardous chemicals, the drivers and escorts shall take corresponding safety precautions and report to the public security organ.
Article 20If explosive hazardous chemicals are lost, stolen, robbed or dispersed or leaked during road transportation, drivers and escorts shall immediately take corresponding warning and safety measures and report to the public security organ.After receiving the report, the public security organ shall, according to the actual situation, immediately notify the emergency management, ecological environment, health and other departments at the same level and take necessary emergency measures.
Article 21No unit or individual may deliver or post explosive dangerous chemicals or carry explosive dangerous chemicals in mails or express delivery, conceal or falsely report explosive dangerous chemicals as ordinary goods, or consign explosive dangerous chemicals to an enterprise without corresponding transport qualification for dangerous goods.Postal enterprises and express enterprises shall not accept or send explosive dangerous chemicals.Transport enterprises and logistics enterprises shall not violateTransport of dangerous goodsIt is required to carry explosive hazardous chemicals.Postal enterprises, express enterprises, transportation enterprises and logistics enterprises shall immediately report the relevant information to the public security organ and the competent department if they find that they have delivered or consigned explosive hazardous chemicals in violation of regulations.
Article 22The work units of explosive hazardous chemicals shall handle according to lawFiling of non operational Internet information servicesAfter the formalities, the information of explosive hazardous chemicals can be published on the website of the unit.
The employer of explosive hazardous chemicals shall indicate the information available for inquiry at the prominent position on the homepage of its websiteInternet information serviceRecord No.
Article 23The business unit of explosive hazardous chemicals shall not release the information of explosive hazardous chemicals and establish relevant links in the Internet application services other than its website.
It is prohibited for other entities other than the entities engaged in explosive hazardous chemicals to publish information about explosive hazardous chemicals on the Internet and establish relevant links.
Article 24It is prohibited for individuals to release information on the production, trading, storage and use of explosive hazardous chemicals on the Internet.
It is prohibited for any unit or individual to publish information on the Internet about the methods of manufacturing explosives using explosive hazardous chemicals.
Chapter IV Public Security Prevention
Article 25An entity engaged in explosive hazardous chemicals shall set up a security organization, establish and improve the security system, assign full-time security personnel to take charge of the security work of explosive hazardous chemicals, and report the establishment and staffing of the security organization to the local county level public security organ for the record.Security personnel shall meet the requirements of relevant national standards and norms and take up their posts after training.
Article 26Explosive hazardous chemicals shall be stored in closed, semi closed or open hazardous chemicals storage areas according to relevant national standards and specifications, and stored in different areas, classifications and warehouses according to the performance of hazardous chemicals.
Units using explosive hazardous chemicals such as teaching, scientific research, medical treatment and testing can use storage rooms or lockers to store explosive hazardous chemicals. The storage capacity of a single storage room or lockers should be less than 50 kg.
Article 27In accordance with the relevant national standards and specifications, the storage sites of explosive hazardous chemicals shall be equipped with corresponding human prevention, physical prevention, technical prevention and other security prevention facilities to prevent the loss, theft and robbery of explosive hazardous chemicals.
Article 28The work unit of explosive hazardous chemicals shall establish an inspection and registration system for the entry and exit of explosive hazardous chemicals, and regularly check the storage of explosive hazardous chemicals.
If explosive dangerous chemicals are lost, stolen or robbed, they shall be reported to the public security organ immediately.
Article 29The public security situation of the storage places of explosive hazardous chemicals (except storage rooms and storage cabinets) shall be included in the safety assessment of the unit, and can be used only after passing the safety assessment.
Article 30constituteMajor hazard sourcesThe explosive hazardous chemicals shall be stored separately in the special warehouse, and the system of two people receiving and sending, and two people keeping shall be implemented.
Chapter V Supervision and Inspection
Article 31The public security organ shall, according to the actual work in the region, regularly organize the units engaged in the production of explosive hazardous chemicals to supervise and inspect;Organize supervision and spot check before or during major festivals and activities.
When conducting supervision and inspection, the people's police of the public security organ shall show their police cards to show their identity in law enforcement and shall not engage in activities unrelated to their posts.
Article 32The supervision and inspection contents include:
（1） Information on relevant permits held by enterprises engaged in explosive hazardous chemicals;
（2） Whether the sales, purchase, disposal, use and transportation of explosive hazardous chemicals comply with relevant regulations;
（3） Whether the information release of explosive hazardous chemicals conforms to relevant regulations;
（4） Whether the flow direction registration of explosive hazardous chemicals conforms to relevant regulations;
（5） Whether the security organization and system construction of the unit engaged in explosive hazardous chemicals comply with relevant regulations;
（6） Whether the work units of explosive hazardous chemicals and the public security prevention facilities in their storage sites meet the relevant regulations;
（7） Other contents specified by laws, regulations, specifications and standards.
Article 33The supervision and inspection shall be recorded and filed for management.Supervision and inspection records include:
（1） The name, unit, post and police number of the person who performs the task of supervision and inspection;
（2） Time, place, unit name and inspection items of supervision and inspection;
（3） Hidden problems found and handling results.
Article 34The supervision and inspection records shall be in duplicate and signed by the supervision and inspection personnel and the management personnel of the inspected unit for confirmation;If the management personnel of the inspected unit disagree with or refuse to sign the inspection records, the inspectors shall indicate it in the inspection records.
Article 35The public security organ shall establish a risk assessment, grading early warning mechanism and a information sharing and notification mechanism with the relevant departments for the enterprises engaged in explosive hazardous chemicals.
Chapter VI Legal Liability
Article 36Those who violate the provisions of the first paragraph of Article 6 of these Measures shall be ordered by the public security organ to make corrections within a time limit and may be fined not more than 10000 yuan;If it fails to make corrections within the time limit, it shall be fined not more than three times of the illegal gains and not more than 30000 yuan; if it has no illegal gains, it shall be fined not more than 10000 yuan.
Article 37In case of violation of the provisions of Article 10, Article 11 and Paragraph 1 of Article 18 of these Measures, the public security organ shall《Regulations on Safety Management of Hazardous Chemicals》Penalties prescribed in the second and third paragraphs of Article 84.
Article 39Those who violate the provisions of Article 14, Article 16, Paragraph 2 of Article 18 and Paragraph 2 of Article 28 of these Measures shall be punished by the public security organ in accordance with Article 81 of the Regulations on the Safety Management of Hazardous Chemicals.
Article 40Those who violate the provisions of Article 17 of these Measures shall be punished by the public security organ in accordance with the provisions of Paragraph 2 of Article 82 of the Regulations on the Safety Administration of Hazardous Chemicals.
Article 41In case of violation of the provisions of Article 19 and Article 20 of these Measures, the public security organ shall《Regulations on Safety Management of Hazardous Chemicals》Penalties provided for in the third and fourth paragraphs of Article 89.
Article 42Those who violate the provisions of Articles 23 and 24 of these Measures shall be ordered by the public security organ to make corrections, given a warning, fined not more than 1000 yuan for non business activities, fined not more than three times the illegal income and not more than 30000 yuan for business activities, and fined not more than 10000 yuan if there are no illegal income.
Article 43Those who violate the provisions of Article 25 and Article 27 of these Measures on human and physical prevention and have hidden dangers of public security shall be subject to《Regulations on Internal Security of Enterprises and Institutions》Article 19.
Article 44In case of violation of the provisions of Article 27 of these Measures on the requirements for the installation of technical prevention facilities, the public security organ shall《Regulations on Safety Management of Hazardous Chemicals》The punishment prescribed in the second paragraph of Article 78.
Article 45Any unit or individual that violates the provisions of these Measures and constitutes a violation of the administration of public security shall be punished in accordance with the provisions of the Law of the People's Republic of China on Administrative Penalties for Public Security;If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 46The public security organ shall notify other competent departments in writing to investigate and deal with violations of laws and regulations concerning explosive hazardous chemicals involving other competent departments.
Article 47If the people's police of the public security organ abuses their power, neglects their duties or engages in malpractices for personal gain in the public security management of explosive dangerous chemicals, which constitutes a crime, they shall be investigated for criminal responsibility according to law;If the case does not constitute a crime, administrative sanctions shall be given according to law.
Article 49The work units of explosive hazardous chemicals and relevant places, activities and facilities that have been identified as key targets for preventing terrorist attacks shall implement《Anti Terrorism Law of the People's Republic of China》Relevant provisions of.
Article 50The import and export management of explosive hazardous chemicals shall be carried out in accordance with the provisions of laws, administrative regulations and rules on foreign trade;The safety management of the storage, use, operation, transportation and disposal of imported explosive hazardous chemicals shall be implemented in accordance with the provisions of these Measures.
Article 51The term "below" as mentioned in these Measures includes this figure.
Article 52The Measures shall come into force as of August 10, 2019.[1]
