In order to standardize the safety supervision and inspection of special equipment, and implement the safety responsibilities of special equipment production, operation and use units and inspection and testing institutions, according to the special equipment safety law of the people's Republic of China, regulations on safety supervision of special equipment and other laws and administrative regulations, the general Administration of Market Supervision recently formulated and promulgated the measures for safety supervision and inspection of special equipment, which will come into force on July 1, 2022.

Chapter I General Provisions

Article 1 These measures are formulated in accordance with the special equipment safety law of the people's Republic of China, regulations on safety supervision of special equipment and other laws and administrative regulations for the purpose of regulating the safety supervision and inspection of special equipment, and implementing the safety responsibilities of special equipment production, operation and use units and inspection and testing institutions.

Article 2 the market supervision and administration departments shall supervise and inspect the production (including design, manufacturing, installation, transformation and repair), operation and use (including filling, the same below) units and inspection and testing institutions of special equipment, and these Measures shall apply.

Article 3 the State Administration of market supervision and administration is responsible for supervising and guiding the safety supervision and inspection of special equipment throughout the country, and may organize and carry out supervision and inspection as required.

The local market supervision and administration departments at or above the county level shall be responsible for the safety supervision and inspection of special equipment within their respective administrative areas, and organize the supervision and inspection according to the deployment of the superior market supervision and administration departments or the actual work needs.

The market supervision and administration office shall undertake the safety supervision and inspection of relevant special equipment according to the relevant provisions of market supervision laws, regulations and rules and the authority determined by the superior market supervision and administration department.

Article 4 the safety supervision and inspection of special equipment shall follow the principles of risk prevention and control, graded responsibility, classified implementation and performance of duties according to orders.

Chapter II Classification of supervision and inspection

Article 5 safety supervision and inspection of special equipment are divided into routine supervision and inspection, special supervision and inspection, post certification supervision and inspection and other supervision and inspection.

Article 6 the market supervision and administration department shall, in accordance with the annual routine supervision and inspection plan, carry out routine supervision and inspection on the production and use units of special equipment.

The items and contents of routine supervision and inspection shall be implemented in accordance with the relevant provisions of the State Administration of market supervision and administration.

Article 7 the municipal market supervision and administration department shall be responsible for formulating the annual routine supervision and inspection plan, determining the division of tasks of the market supervision and administration department within its jurisdiction, and being responsible for implementation at different levels.

The annual routine supervision and inspection plan shall be reported to the people's government at the same level. The annual routine supervision and inspection plan for special equipment production units shall also be reported to the provincial market supervision and administration department.

Article 8 the routine supervision and inspection shall adopt the method of "double random and one open", randomly select the inspected units and special equipment safety supervision and inspection personnel (hereinafter referred to as inspectors), and regularly publish the supervision and inspection results.

The regular supervision and inspection object database shall include all the special equipment production units that have obtained the license and are located in the jurisdiction and the user units that have gone through the use registration of special equipment in the jurisdiction.

If the manufacturing place and domicile of the special equipment production unit are not in the same jurisdiction, the municipal market supervision and Administration Department of the manufacturing place shall include them in the regular supervision and inspection object database.

Article 9 the municipal market supervision and administration department shall, according to the safety status of special equipment, determine the list of key units for routine supervision and inspection, and increase the proportion of key units.

If one of the following conditions is met, it shall be included in the list of key units:

（1） Schools, kindergartens, hospitals, stations, passenger terminals, airports, shopping malls, stadiums, exhibition halls, parks, tourist attractions and other public gathering places;

（2） The special equipment used in the past two years has had accidents and is responsible for the accidents;

（3） There are many complaints and reports related to the safety of special equipment and they are true after investigation;

（4） Other circumstances that the market supervision and administration department thinks should be included.

Article 10 the market supervision and administration department shall, in order to prevent regional and systematic risks, ensure the safety of major activities, key projects, holidays and other key periods, or, according to the unified deployment of the people's governments at all levels and the market supervision and administration departments at higher levels, carry out special supervision and inspection on the production, operation and use units and inspection and testing institutions of special equipment in specific regions and fields within a specific time.

Article 11 the market supervision and administration department that organizes special supervision and inspection shall formulate a special supervision and inspection work plan, and specify the scope of supervision and inspection, division of tasks, schedule and other requirements.

The special supervision and inspection work plan shall require the production, operation and use units of special equipment and the inspection and testing institutions to carry out self inspection and self correction, and specify the special supervision and inspection items and contents, or refer to the routine supervision and inspection items and contents.

Article 12 the market supervision and administration department shall carry out post license supervision and inspection on whether the licensed special equipment production and filling units and inspection and testing institutions continue to maintain the license conditions and engage in the licensed activities according to law.

Article 13 the post license supervision and inspection shall be organized and implemented by the market supervision and administration department implementing the administrative license, or entrusted to the lower level market supervision and administration department.

Article 14 the market supervision and administration department that organizes the implementation of post certification supervision and inspection shall formulate the annual plan and work plan for post certification supervision and inspection.

The annual plan for post certification supervision and inspection shall specify the inspection objects, schedule and other requirements, and the work plan shall specify the inspection methods, inspection contents and other requirements.

Article 15 the market supervision and administration department shall adopt the method of "double random and one open" to conduct post certification supervision and inspection, randomly select the inspected units and inspectors, and timely publish the supervision and inspection results.

The post license supervision and inspection object database shall include all the special equipment production and filling units and inspection and testing institutions approved by the authority.

Article 16 the market supervision and administration department shall, according to the quality and safety conditions of the production and filling of special equipment or the quality conditions of the inspection and testing of special equipment, determine the list of key units for post certification supervision and inspection, and increase the proportion of key units.

If one of the following conditions is met, it shall be included in the list of key units:

（1） Self declaration and promise to renew the certificate in the previous year;

（2） The special equipment produced, filled, inspected and tested in the previous year has an accident and is responsible for the accident, or is subject to administrative punishment due to the production, filling, inspection and testing of special equipment;

（3） Being ordered to recall due to product defects and failure to fulfill the obligation of active recall in the previous year;

（4） There are many complaints and reports related to the safety of special equipment and they are true after investigation;

（5） Other circumstances that the market supervision and administration department thinks should be included.

Article 17 in the same year, routine supervision and inspection shall not be conducted for the same unit that has been subject to post certification supervision and inspection.

Article 18 the market supervision and administration department may, as required, supervise and inspect the production, operation and use units of special equipment and the inspection and testing institutions for the special equipment safety violations or accident potential clues found by other departments, higher authorities, complaints, reports and other means and by inspection, testing and monitoring. Before conducting supervision and inspection, targeted supervision and inspection items and contents shall be determined.

Chapter III Supervision and inspection procedures

Article 19 when conducting supervision and inspection, the market supervision and administration department shall have more than two inspectors, present valid administrative law enforcement certificates for special equipment safety, and explain the source, basis, content and requirements of the inspection.

The market supervision and administration department may, as required, entrust relevant special equipment inspection institutions with the legal person qualification of public welfare institutions to provide technical support and services for supervision and inspection, or invite relevant professional and technical personnel to participate in supervision and inspection.

Article 20 units producing, operating and using special equipment, inspection and testing institutions and their personnel shall actively cooperate with the market supervision and administration departments in the safety supervision and inspection of special equipment according to law.

Special equipment production, operation and use units and inspection and testing institutions shall carry out self inspection and self correction in accordance with the requirements of the special supervision and inspection work plan.

Article 21 the inspectors shall make records of the basic conditions of supervision and inspection, the problems found and the handling measures, and the inspectors and the relevant responsible persons of the inspected units shall sign on the supervision and inspection records for confirmation.

Article 22 the inspectors may, according to the supervision and inspection conditions, require the inspected units to provide relevant materials. The inspected unit shall truthfully provide the materials and sign or seal the materials provided. If the materials cannot be provided on the spot, they shall be provided within the time limit notified by the inspectors.

Article 23 in the course of supervision and inspection, if the market supervision and administration department finds any violation of laws and regulations on safety of special equipment and safety technical specifications or any potential accident of special equipment, it shall issue a special equipment safety supervision instruction according to law, or submit it to the local market supervision and Administration Department to issue a special equipment safety supervision instruction according to law, and order the inspected unit to take measures to correct or eliminate the potential accident within a time limit.

If the market supervision and administration department finds that there are serious potential accidents in major illegal acts or special equipment, it shall order the inspected unit to immediately stop the illegal acts and take measures to eliminate the potential accidents.

Article 24 the major illegal acts mentioned in these measures include the following circumstances:

（1） Engaging in special equipment production, elevator maintenance, mobile pressure vessel filling or gas cylinder filling without permission;

（2） Engaging in inspection and testing of special equipment without approval;

（3） The special equipment production unit produces, sells or delivers the special equipment eliminated by the state, or alters, resells, leases or lends the production license;

（4） The special equipment business unit sells or leases the special equipment that has been produced without a license, has not been inspected or fails to pass the inspection, has been eliminated by the state order, or has been scrapped;

（5） False report or concealment of special equipment accidents;

（6） The inspection and testing institutions and personnel issue false or seriously untrue inspection and testing results and appraisal conclusions;

（7） The inspected unit fails to rectify or eliminate the hidden danger of serious accidents;

（8） Other major violations of laws, administrative regulations and departmental rules.

Article 25 serious potential accidents of special equipment include the following situations:

（1） The special equipment is produced without a license, eliminated by the state, scrapped or meets the conditions for scrapping, and continues to be used;

（2） The special equipment continues to be used without supervision and inspection or unqualified after inspection and inspection;

（3） The safety accessories and safety protection devices of special equipment are missing or out of order and continue to be used;

（4） The special equipment has been subject to accidents or obvious faults, but it is still used without comprehensive inspection and elimination of potential accidents;

（5） The special equipment is used beyond the specified parameters and scope of use;

（6） Other circumstances considered by the market supervision and administration department as serious potential accidents.

Article 26 in the course of supervision and inspection, the market supervision and administration department shall seal up and detain the special equipment that does not meet the requirements of safety technical specifications, has serious potential accidents, has entered the market, meets the conditions for scrapping or has been scrapped.

If it can be rectified on the spot, it may not be sealed up or detained.

Article 27 in the process of supervision and inspection, if the relevant responsible person of the inspected unit refuses to sign on the special equipment safety supervision and inspection records or relevant documents or confirm in other ways, the inspectors shall indicate the situation on the records or documents, and take photos, audio recordings, video recordings and other methods to record. When necessary, relevant personnel may be invited as witnesses.

If the inspected unit refuses to sign the special equipment safety supervision instruction, it shall be executed according to the relevant provisions of the administrative law enforcement documents served by the market supervision and management. If the circumstances are serious, it shall be handled according to the refusal to execute the special equipment safety supervision instruction.

Article 28 If the inspected unit stops production or business or is unable to carry out supervision and inspection, the inspectors may terminate the supervision and inspection and record the relevant information.

Article 29 the inspected unit shall, in accordance with the instructions of special equipment safety supervision, make corrections within the specified time, eliminate potential accidents, and submit a rectification report.

The market supervision and administration department shall review the rectification within ten working days after the inspected unit submits the rectification report. Recheck can be carried out through on-site inspection, material verification, etc.

If the on-site inspection is adopted for recheck, the recheck procedure shall be applicable to these measures.

Article 30 Where a major illegal act or serious potential accident is discovered, the market supervision and administration department that conducts the inspection shall promptly report to the market supervision and administration department at the next higher level.

After receiving the report, the market supervision and administration department shall take necessary measures to deal with it in a timely manner.

Article 31 in the process of supervision and inspection, if the local people's government and relevant departments are required to support and cooperate with the handling of refusal to accept inspection, major illegal acts and serious potential accidents, the market supervision and administration department shall timely report to the local people's government or notify the relevant departments in written form, and put forward relevant safety supervision suggestions.

When the people's government and other relevant departments that receive the report or notification take necessary measures to deal with it in a timely manner, the market supervision and administration department shall actively cooperate.

Article 32 The administrative punishment for the safety of special equipment shall be implemented by the market supervision and administration department at or above the county level where the illegal act occurs.

Where the market supervision and administration department at or above the county level in the place where the illegal act occurs revokes the administrative license of the special equipment inspection and testing personnel and the safety management and operation personnel according to law, it shall send a copy of the administrative punishment decision to the license issuing authority, and the license issuing authority shall handle the cancellation formalities.

If the market supervision and administration department at or above the county level in the place where the illegal act occurs finds that the administrative license of the special equipment production and filling unit and the special equipment inspection and testing institution shall be revoked according to law, it shall, after making the relevant administrative punishment decision, transfer the evidence materials of the illegal act involving the revocation of the license to the license issuing authority, which shall revoke the license according to law.

If any illegal act that should be revoked according to law is found, the market supervision and administration department that carries out supervision and inspection shall notify the license issuing authority in a timely manner, and attach relevant evidence materials, which shall be revoked by the license issuing authority according to law.

Chapter IV Legal Liability

Article 33 those who violate the provisions of these measures and have legal liability provisions in relevant laws and regulations of special equipment shall be dealt with in accordance with relevant provisions; Where there is no legal liability stipulated in relevant laws and regulations and other provisions of these measures, it shall be ordered to make corrections within a time limit; If it is suspected that a crime has been constituted and criminal responsibility needs to be investigated according to law, it shall be transferred to the public security organ and the supervisory organ in accordance with the relevant provisions.

Article 34 Where the inspected unit refuses to allow the inspectors to enter the production, operation, use, inspection and testing sites of special equipment without justifiable reasons, fails to cooperate or delays or obstructs the normal development of supervision and inspection, it shall be dealt with in accordance with Article 95 of the special equipment safety law of the people's Republic of China. If the act constitutes a violation of the administration of public security, it shall be transferred to the public security organ, and the public security organ shall impose a penalty on the administration of public security according to law.

Article 35 If the inspected unit fails to conduct self inspection and self correction as required, it shall be ordered to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be fined not less than 5000 yuan but not more than 30000 yuan.

If the inspected unit conceals evidence, provides false materials or fails to provide relevant materials within the time limit notified, it shall be ordered to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be fined not less than 10000 yuan but not more than 100000 yuan.

Article 36 If the production, operation and use units of special equipment and the inspection and testing institutions, in violation of the first paragraph of Article 29 of these measures, refuse to implement the safety supervision instructions of special equipment, they shall be fined not less than 5000 yuan but not more than 100000 yuan; If the circumstances are serious, a fine of not less than 100000 yuan but not more than 200000 yuan shall be imposed.

Article 37 If special equipment safety supervision and inspection personnel fail to perform their duties according to law during supervision and inspection and need to bear the responsibility for administrative law enforcement fault, the relevant provisions of relevant laws and regulations and provisions on administrative law enforcement responsibility system for market supervision and management shall be implemented.

If the market supervision and administration department and its staff are suspected of violating discipline and law in the safety supervision and inspection of special equipment, they shall be transferred to the discipline inspection and supervision organ and given party discipline and administrative sanctions according to law; If they are suspected of committing a crime, they shall be transferred to the supervisory organ and the judicial organ for handling according to law.

Chapter V supplementary provisions

Article 38 the equipment required for special equipment safety supervision and inspection personnel to perform their duties shall be implemented in accordance with the relevant requirements for market supervision and management of grass-roots law enforcement equipment.

Article 39 the format of special equipment safety supervision and inspection documents shall be formulated by the State Administration of market supervision and administration.

Article 40 these Measures shall come into force as of July 1, 2022.

The promulgation of the measures strengthens the requirements for safety supervision and inspection of special equipment. There is no trivial matter for safety. In terms of equipment safety, we need to be vigilant and vigilant again. Ensure construction safety and avoid safety accidents.