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Q&As

Mar 19, 2025
China
Hazardous Chemicals
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Q
China-How should individuals who produce hazardous chemicals without obtaining a permit for the production of hazardous chemicals be dealt with?
A

Specific Q: Article 2 of the "Regulation on Work Safety Permits" stipulates that the state implements a safety production licensing system for mining enterprises, construction enterprises, and enterprises producing hazardous chemicals, fireworks, and civil explosives (hereinafter collectively referred to as enterprises). Enterprises without a work safety permit are not allowed to engage in production activities. However, it does not specify how to deal with individuals producing hazardous chemicals. So, how should penalties be applied to individuals running illegal workshops for the production of hazardous chemicals?

A: Article 68 of the "Administrative Penalty Measures for Safety Production Violations" (Order No. 15 of the former State Administration of Work Safety) stipulates that the production and business units referred to in this measure include basic units that legally and illegally engage in production or business activities, such as corporate legal persons, partnership organizations without corporate legal person qualifications, individual businesses, and natural persons, etc. According to Article 2 of the "Measures for the Investigation and Punishment of Illegal and Unlawful Activities in Work Safety" (General Safety Law (2011) No. 158), any behavior of citizens, legal persons, or other organizations that engage in production, business, and construction activities without obtaining administrative permits from the safety supervision and inspection departments is considered an illegal safety production activity.

 

Attachment

Measures for the Implementation of Work Safety Licenses of Hazardous Chemical Production Enterprises (2017 Amendment)

 

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