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Regulations on the Safety Management of Civil Explosives
Author: Anonymous Source: Site author Editor: ADMIN

Chapter I General Provisions

为了加强对民用爆炸物品的安全管理,预防爆炸事故发生,保障公民生命、财产安全和公共安全,制定本条例。 Article 1 These regulations are formulated in order to strengthen the safety management of civilian explosives, prevent explosion accidents, and protect the lives of citizens, property and public safety.
民用爆炸物品的生产、销售、购买、进出口、运输、爆破作业和储存以及硝酸铵的销售、购买,适用本条例。 Article 2 These Regulations apply to the production, sale, purchase, import and export, transportation, blasting operations and storage of civilian explosives, and the sale and purchase of ammonium nitrate.
Civil explosives referred to in these Regulations refer to various types of gunpowder, explosives and their products, and detonators, fuses and other ignition and detonation equipment used for non-military purposes.
The list of civilian explosives items shall be formulated and promulgated by the competent department of civilian explosives industry of the State Council in conjunction with the public security department of the State Council.
国家对民用爆炸物品的生产、销售、购买、运输和爆破作业实行许可证制度。 Article 3 The State implements a license system for the production, sale, purchase, transportation and blasting of civilian explosives.
Without permission, no unit or individual may produce, sell, purchase, or transport civilian explosives or engage in blasting operations.
It is strictly forbidden to transfer, lend, lend, mortgage, gift, privately hold or illegally hold civilian explosives.
民用爆炸物品行业主管部门负责民用爆炸物品生产、销售的安全监督管理。 Article 4 The competent department of the civilian explosives industry is responsible for the safety supervision and management of the production and sale of civilian explosives.
Public security organs are responsible for the public safety management of civilian explosives and the safety supervision and management of the purchase, transportation, and blasting of civilian explosives, and monitor the flow of civilian explosives.
The competent departments of work safety supervision, railways, transportation, and civil aviation are responsible for the safety supervision and management of civil explosives in accordance with the laws and administrative regulations.
The competent department of civil explosives industry, public security organs, and industrial and commercial administrative departments are responsible for organizing investigations and punishment for illegal production, sales, purchase, storage, transportation, mailing, and use of civilian explosives in accordance with the division of responsibilities.
民用爆炸物品生产、销售、购买、运输和爆破作业单位(以下称民用爆炸物品从业单位)的主要负责人是本单位民用爆炸物品安全管理责任人,对本单位的民用爆炸物品安全管理工作全面负责。 Article 5 The principal person in charge of the production, sale, purchase, transportation and blasting operations of civil explosives (hereinafter referred to as the civil explosives business unit) is the person responsible for the safety management of the civilian explosives of the unit, and the safety management of the civilian explosives of the unit Full responsibility.
Units engaged in civilian explosives are key units in public security work. They should set up public security agencies or personnel in accordance with the law, and set up technical protection facilities to prevent the loss, theft, and robbing of civilian explosives.
Units engaged in civilian explosives shall establish a safety management system, a post safety responsibility system, formulate safety precautions and accident emergency plans, set up a safety management agency or provide full-time safety management personnel.
无民事行为能力人、限制民事行为能力人或者曾因犯罪受过刑事处罚的人,不得从事民用爆炸物品的生产、销售、购买、运输和爆破作业。 Article 6 A person without capacity for civil conduct, a person with limited capacity for civil conduct, or a person who has been criminally punished for a crime may not engage in the production, sale, purchase, transportation, and blasting of civilian explosives.
Units engaged in civil explosives shall strengthen their employees' safety education, legal education, and post technical training. Only those employees who have passed the assessment shall be allowed to take up their jobs; positions with qualification requirements shall be provided with personnel with corresponding qualifications.
国家建立民用爆炸物品信息管理系统,对民用爆炸物品实行标识管理,监控民用爆炸物品流向。 Article 7 The State establishes a civil explosives information management system, implements label management on civilian explosives, and monitors the flow of civilian explosives.
Civil explosives production enterprises, sales enterprises and blasting operations units shall establish civil explosives registration systems, and truthfully enter the information on the types, quantities and flow of civilian explosives produced, sold, purchased, transported, stored, and used in the computer system.
任何单位或者个人都有权举报违反民用爆炸物品安全管理规定的行为;接到举报的主管部门、公安机关应当立即查处,并为举报人员保密,对举报有功人员给予奖励。 Article 8 Any unit or individual has the right to report violations of the regulations on the safety management of civilian explosives; the competent authorities and public security organs who receive the reports shall immediately investigate and punish them, and shall provide confidentiality to the reporters and reward those who report merit.
国家鼓励民用爆炸物品从业单位采用提高民用爆炸物品安全性能的新技术,鼓励发展民用爆炸物品生产、配送、爆破作业一体化的经营模式。 Article 9 The State encourages units engaged in civilian explosives to adopt new technologies to improve the safety performance of civilian explosives, and encourages the development of an integrated business model for the production, distribution and blasting of civilian explosives.

Chapter II Production

设立民用爆炸物品生产企业,应当遵循统筹规划、合理布局的原则。 Article 10 The establishment of a civilian explosives production enterprise shall follow the principles of overall planning and reasonable layout.
申请从事民用爆炸物品生产的企业,应当具备下列条件: Article 11 An enterprise applying for the production of civilian explosives shall meet the following requirements:
(1) Comply with national industrial structure planning and industrial technology standards;
(2) The design, structure, building materials, safety distance, and fire safety, explosion protection, lightning protection, antistatic and other safety equipment and facilities of factory buildings and special warehouses comply with relevant national standards and regulations;
(3) The production equipment and technology conform to the technical standards and regulations related to safe production;
(4) Have professional and technical personnel, production safety management personnel and production post personnel with corresponding qualifications;
(5) Having a sound safety management system and post safety responsibility system;
(6) Other conditions stipulated by laws and administrative regulations.
申请从事民用爆炸物品生产的企业,应当向民用爆炸物品行业主管部门提交申请书、可行性研究报告以及能够证明其符合本条例第十一条规定条件的有关材料。 Article 12 An enterprise applying for the production of civilian explosives shall submit an application, a feasibility study report and relevant materials that can prove that it meets the conditions specified in Article 11 of these regulations to the competent department of civil explosives industry. The competent department of the civil explosives industry shall conduct an examination within 45 days from the date of acceptance of the application, and issue the "Civil Explosive Articles Production License" for those that meet the requirements; those that do not meet the conditions shall not be issued the "Civil Explosive Articles Production License" And explain the reasons to the applicant in writing.
In order to adjust the production capacity and variety of civil explosive article production enterprises for reconstruction or expansion, they shall apply for a "Civil Explosive Article Production License" in accordance with the provisions of the preceding paragraph.

Civil explosives production enterprises hold the "Civil Explosive Articles Production Permit" to apply for industrial and commercial registration with the administrative department for industry and commerce, and within 3 days after applying for industrial and commercial registration, file with the public security organ of the county-level people's government at the locality.

取得《民用爆炸物品生产许可证》的企业应当在基本建设完成后,向省、自治区、直辖市人民政府民用爆炸物品行业主管部门申请安全生产许可。 Article 13 An enterprise that has obtained a "Civil Explosive Articles Production License" shall, after the completion of the capital construction, apply to the competent department of civil explosives industry of the people ’s government of the province, autonomous region, or municipality directly under the Central Government for a safety production license. The competent authorities of the civilian explosives industry of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall inspect them in accordance with the Regulations on Safety Production Licenses, and issue "Civil Explosive Articles Safety Production Licenses" if they meet the requirements. Civil explosives production enterprises can only produce civilian explosives after they have obtained the "Civil Explosives Safety Production License".
民用爆炸物品生产企业应当严格按照《民用爆炸物品生产许可证》核定的品种和产量进行生产,生产作业应当严格执行安全技术规程的规定。 Article 14 Civil explosives production enterprises shall strictly produce in accordance with the variety and output as approved in the "Civil Explosives Production License", and production operations shall strictly implement the provisions of safety technical regulations.
民用爆炸物品生产企业应当对民用爆炸物品做出警示标识、登记标识,对雷管编码打号。 Article 15 Civil explosives production enterprises shall make warning signs, registration signs for civilian explosives, and number the detonator code. The rules for warning labels, registration marks and detonator codes for explosives for civilian use shall be prescribed by the public security department of the State Council in conjunction with the competent department of the civilian explosives industry of the State Council.
民用爆炸物品生产企业应当建立健全产品检验制度,保证民用爆炸物品的质量符合相关标准。 Article 16 Civil explosives production enterprises shall establish a sound product inspection system to ensure that the quality of civilian explosives complies with relevant standards. The packaging of civilian explosives shall meet the requirements of laws, administrative regulations and relevant standards.
试验或者试制民用爆炸物品,必须在专门场地或者专门的试验室进行。 Article 17 Testing or trial production of civilian explosives must be carried out in a special site or a special laboratory. It is strictly forbidden to test or trial manufacture civilian explosives in the production workshop or warehouse.

Chapter III Sales and Purchase

申请从事民用爆炸物品销售的企业,应当具备下列条件: Article 18 An enterprise applying for the sale of civilian explosives shall meet the following requirements:
(1) It meets the requirements for the planning of civil explosives sales enterprises;
(2) The sales place and special warehouse comply with relevant national standards and regulations;
(3) Have safety management personnel and warehouse management personnel with corresponding qualifications;
(4) Having a sound safety management system and a post safety responsibility system;
(5) Other conditions stipulated by laws and administrative regulations.
申请从事民用爆炸物品销售的企业,应当向所在地省、自治区、直辖市人民政府民用爆炸物品行业主管部门提交申请书、可行性研究报告以及能够证明其符合本条例第十八条规定条件的有关材料。 Article 19 An enterprise applying for the sale of civilian explosives shall submit an application, a feasibility study report, and can prove that it meets the conditions specified in Article 18 of these regulations to the competent department of civil explosives industry of the people's government of the province, autonomous region, or municipality directly under the Central Government. Related materials. Provincial, autonomous region, and municipal people's governments in charge of the civilian explosives industry shall review the application within 30 days from the date of acceptance of the application, and inspect the sales place and special warehouse and other operating facilities of the applicant unit. Article Sales Permit "; for those that do not meet the requirements, the" Civil Explosive Items Sales Permit "shall not be issued, and the reasons shall be explained to the applicant in writing.
Civil explosives sales companies shall hold the "Civil Explosives Sales Permit" to the industrial and commercial administrative department for industrial and commercial registration before they can sell civilian explosives.
Civil explosives sales enterprises shall, within 3 days after applying for industrial and commercial registration, file a record with the public security organ of the county-level people's government in the locality.
民用爆炸物品生产企业凭《民用爆炸物品生产许可证》,可以销售本企业生产的民用爆炸物品。 Article 20 A civilian explosives production enterprise may sell civilian explosives produced by its own enterprise on the basis of the "Civil Explosives Production License".
The sales of civilian explosives produced by the enterprise shall not exceed the approved variety and output.
民用爆炸物品使用单位申请购买民用爆炸物品的,应当向所在地县级人民政府公安机关提出购买申请,并提交下列有关材料: Article 21 Where an entity using a civilian explosive article applies for the purchase of a civilian explosive article, it shall submit a purchase application to the local public security organ of the county-level people's government and submit the following relevant materials:
(1) Business license for industry and commerce or corporate legal person certificate;
(2) "Blasting Operation Unit License" or other legal use certificates;
(3) the name, address and bank account of the purchase unit;
(4) Explanation of the purchased variety, quantity and use.
The public security organ that accepts the application shall review the relevant materials submitted within 5 days from the date of acceptance of the application, and issue the "Civil Explosive Articles Purchasing License" if it meets the requirements; if it does not meet the conditions, it shall not issue the "Civil Explosive Items" Purchase Permit, explaining the reasons to the applicant in writing.
The "Civil Explosive Articles Purchase License" shall specify the variety, quantity, purchase unit and validity period of the license.
民用爆炸物品生产企业凭《民用爆炸物品生产许可证》购买属于民用爆炸物品的原料,民用爆炸物品销售企业凭《民用爆炸物品销售许可证》向民用爆炸物品生产企业购买民用爆炸物品,民用爆炸物品使用单位凭《民用爆炸物品购买许可证》购买民用爆炸物品,还应当提供经办人的身份证明。 Article 22 Civil explosives production enterprises purchase raw materials belonging to civilian explosives on the basis of "Civil Explosive Articles Production License", and civilian explosives sales enterprises purchase Civil Explosives from civilian explosives production enterprises on the basis of "Civil Explosive Articles Sales License". Articles of use, explosives for civilian use Units to purchase explosives for civilian use on the basis of "Civil Explosives Purchase Permit" shall also provide the identity certificate of the operator.
Enterprises selling explosives for civilian use shall check the licenses and identity certificates of the operators as prescribed in the preceding paragraph; and those who purchase with the "Civil Explosives Purchase Permit" shall sell according to the approved varieties and quantities.
销售、购买民用爆炸物品,应当通过银行账户进行交易,不得使用现金或者实物进行交易。 Article 23 The sale and purchase of civilian explosives shall be transacted through a bank account, and shall not be traded in cash or in kind.
Enterprises selling explosives for civilian use shall keep the purchase unit's license, bank account transfer voucher, and copy of the identity certificate of the handler for 2 years for inspection.
销售民用爆炸物品的企业,应当自民用爆炸物品买卖成交之日起3日内,将销售的品种、数量和购买单位向所在地省、自治区、直辖市人民政府民用爆炸物品行业主管部门和所在地县级人民政府公安机关备案。 Article 24 An enterprise that sells explosive articles for civilian use shall, within 3 days from the date of the sale and purchase of the explosive articles for civilian use, send the variety, quantity and purchase unit to the competent department of civilian explosives industry of the people's government of the province, autonomous region, and municipality directly under the Central Government and The public security organ of the county-level people's government of the place where it is filed.
Units that purchase explosive items for civilian use shall, within 3 days from the date of sale and purchase of explosive items for civilian use, submit the purchased varieties and quantities to the public security organ of the county-level people's government for the record.
进出口民用爆炸物品,应当经国务院民用爆炸物品行业主管部门审批。 Article 25 Import and export of civilian explosives shall be subject to examination and approval by the competent department of the civilian explosives industry of the State Council. Measures for the examination and approval of import and export of civilian explosives shall be formulated by the competent department of the civilian explosives industry of the State Council in conjunction with the public security department of the State Council and the General Administration of Customs.
The import and export unit shall report the variety and quantity of imported and exported civilian explosives to the place of receipt or the public security organ of the county-level people's government where the exit port is located.

Chapter IV Transportation

运输民用爆炸物品,收货单位应当向运达地县级人民政府公安机关提出申请,并提交包括下列内容的材料: Article 26 For the transportation of civilian explosives, the consignee shall submit an application to the public security organ of the people's government at the county level in the place where it is delivered, and submit materials including the following:
(1) "Civil Explosive Articles Production License", "Civil Explosive Articles Sales License", "Civil Explosive Articles Purchase License" or import and export provided by civilian explosives production enterprises, sales enterprises, users and importers and exporters respectively. Certificate of approval
(2) The variety, quantity, packaging materials and packaging methods of transporting civilian explosives;
(3) The characteristics of the transportation of civilian explosives, and emergency treatment methods in case of danger;
(4) Transportation time, starting place, transportation route, stopping place.
The public security organ that accepts the application shall review the relevant materials submitted within 3 days from the date of accepting the application, and issue the "Civil Explosive Articles Transport License" if it meets the requirements; if it does not meet the conditions, it shall not issue the "Civil Explosive Items" "Transport Permit", explaining the reasons to the applicant in writing.
The "Civil Explosive Articles Transport License" shall specify the consignee, sales enterprise, and carrier, the period of validity of the one-time transportation, the starting place, the transportation route, the stopping place, and the variety and quantity of civilian explosives.
运输民用爆炸物品的,应当凭《民用爆炸物品运输许可证》,按照许可的品种、数量运输。 Article 27 For the transportation of civilian explosives, they shall be transported in accordance with the permitted variety and quantity with the "Civil Explosives Transport License".
经由道路运输民用爆炸物品的,应当遵守下列规定: Article 28 The transportation of civilian explosives by road shall comply with the following provisions:
(1) Carrying the "Civil Explosive Transport License";
(2) The loading of civilian explosives complies with the relevant national standards and regulations, and no persons can be carried in the carriages;
(3) The safety and technical status of transportation vehicles shall meet the requirements of relevant national safety and technical standards, and warning signs for flammable and explosive dangerous goods in accordance with national standards shall be hung or installed in accordance with regulations;
(4) Vehicles transporting civilian explosives shall maintain a safe speed;
(5) Driving in accordance with the prescribed route. Stops on the way should be guarded by special persons, away from building facilities and densely populated places, and should not stop at places other than permitted;
(6) Loading and unloading of civilian explosives in accordance with safety operation regulations, and setting up vigilance at the loading and unloading site to prohibit unrelated personnel from entering;
(7) Take necessary emergency measures immediately when a dangerous situation arises, and report to the local public security organ.
民用爆炸物品运达目的地,收货单位应当进行验收后在《民用爆炸物品运输许可证》上签注,并在3日内将《民用爆炸物品运输许可证》交回发证机关核销。 Article 29 When a civilian explosive item arrives at its destination, the receiving unit shall endorse the Civil Explosive Article Transport Permit after acceptance and return the Civil Explosive Item Transport Permit to the issuing authority within 3 days. Write-off.
禁止携带民用爆炸物品搭乘公共交通工具或者进入公共场所。 Article 30 It is forbidden to carry civilian explosives on board public transport or into public places.
It is forbidden to post civilian explosives by post, and it is forbidden to enclose civil explosives in consignments, luggage, parcels, and mail.

Chapter V Blasting Operations

申请从事爆破作业的单位,应当具备下列条件: Article 31 An entity applying for blasting operations shall meet the following requirements:
(1) Blasting operations are legal production activities;
(2) There are special warehouses for civilian explosives that meet relevant national standards and regulations;
(3) Have safety management personnel, warehouse management personnel with corresponding qualifications and blasting operations personnel with national qualifications for practice;
(4) Having a sound safety management system and a post safety responsibility system;
(5) There are special equipment for blasting operations that comply with national standards and industry standards;
(6) Other conditions stipulated by laws and administrative regulations.
申请从事爆破作业的单位,应当按照国务院公安部门的规定,向有关人民政府公安机关提出申请,并提供能够证明其符合本条例第三十一条规定条件的有关材料。 Article 32 An entity applying for blasting operations shall, in accordance with the regulations of the public security department of the State Council, submit an application to the public security organ of the relevant people's government and provide relevant materials that can prove that it meets the conditions stipulated in Article 31 of these regulations. The public security organ that accepts the application shall conduct an examination within 20 days from the date of acceptance of the application. If it meets the requirements, it shall issue the Blasting Unit License; if it does not meet the conditions, it shall not issue the Blasting Unit License, and shall report to The applicant stated the reasons.
A commercial blasting operation unit can only engage in commercial blasting operations after it has obtained the "Blasting Operation Unit Permit" and went through industrial and commercial registration with the industrial and commercial administrative department.
The blasting operation unit shall, within 3 days after completing the industrial and commercial registration, file a record with the public security organ of the local people's government at the county level.
爆破作业单位应当对本单位的爆破作业人员、安全管理人员、仓库管理人员进行专业技术培训。 Article 33 The blasting operation unit shall provide professional and technical training to the blasting operation personnel, safety management personnel, and warehouse management personnel of the unit. The blasting personnel shall pass the assessment of the public security organ of the municipal people's government with districts, and obtain the "Blasting Operator Permit" before engaging in blasting operations.
爆破作业单位应当按照其资质等级承接爆破作业项目,爆破作业人员应当按照其资格等级从事爆破作业。 Article 34 The blasting operation unit shall undertake the blasting operation project according to its qualification level, and the blasting operation personnel shall perform the blasting operation according to its qualification level. The grading management measures for blasting operations shall be prescribed by the public security department of the State Council.
在城市、风景名胜区和重要工程设施附近实施爆破作业的,应当向爆破作业所在地设区的市级人民政府公安机关提出申请,提交《爆破作业单位许可证》和具有相应资质的安全评估企业出具的爆破设计、施工方案评估报告。 Article 35 Where blasting operations are carried out in the vicinity of cities, scenic spots and important engineering facilities, they shall apply to the public security organ of the municipal people's government where the blasting operation is located, and submit the "Blasting Unit Permit" and those with corresponding qualifications. The blasting design and construction plan evaluation report issued by the safety evaluation enterprise. The public security organ that accepts the application shall review the relevant materials submitted within 20 days from the date of accepting the application, and make a decision on approval if it meets the conditions; Explain why.
The implementation of the blasting operations specified in the preceding paragraph shall be supervised by a safety supervision enterprise with corresponding qualifications, and the public security organ of the county-level people's government where the blasting operation is located shall be responsible for organizing and implementing safety alert.
爆破作业单位跨省、自治区、直辖市行政区域从事爆破作业的,应当事先将爆破作业项目的有关情况向爆破作业所在地县级人民政府公安机关报告。 Article 36 If a blasting operation unit engages in blasting operations across administrative regions of provinces, autonomous regions, and municipalities directly under the Central Government, it shall report to the public security organ of the county-level people's government where the blasting operation is located in advance.
爆破作业单位应当如实记载领取、发放民用爆炸物品的品种、数量、编号以及领取、发放人员姓名。 Article 37 The blasting operation unit shall truthfully record the variety, quantity, and number of the explosive items for civilian use, and the names of the persons receiving and distributing them. The quantity of civilian explosives to be collected must not exceed the amount on duty, and the civilian explosives remaining after operation must be returned to the warehouse on duty.
The blasting operation unit shall keep the original records of the collection and distribution of civilian explosives for 2 years for inspection.
实施爆破作业,应当遵守国家有关标准和规范,在安全距离以外设置警示标志并安排警戒人员,防止无关人员进入;爆破作业结束后应当及时检查、排除未引爆的民用爆炸物品。 Article 38 The implementation of blasting operations shall comply with the relevant national standards and regulations, set warning signs and arrange security personnel from a safe distance to prevent unrelated personnel from entering; after the blasting operation is completed, the unexploded civilian explosives shall be inspected and eliminated in a timely manner.
爆破作业单位不再使用民用爆炸物品时,应当将剩余的民用爆炸物品登记造册,报所在地县级人民政府公安机关组织监督销毁。 Article 39 When a blasting operation unit no longer uses civilian explosives, it shall register the remaining civilian explosives and report to the local public security organ of the county-level people's government for supervision and destruction.
Anyone who finds and picks up explosives for civilian use shall immediately report to the local public security organ.

Chapter VI Storage

民用爆炸物品应当储存在专用仓库内,并按照国家规定设置技术防范设施。 Article 40 Explosive articles for civilian use shall be stored in special warehouses, and technical protection facilities shall be set up in accordance with state regulations.
储存民用爆炸物品应当遵守下列规定: Article 41 Storage of civilian explosives shall comply with the following provisions:
(1) Establishing a system for inspection, registration and storage of warehouses, registration and release of civilian explosives must be registered so that the accounts are clear and the accounts are consistent;
(2) The quantity of civilian explosives stored must not exceed the storage design capacity. Civil explosives of a conflicting nature must be stored in separate warehouses, and it is strictly forbidden to store other articles in the warehouses;
(3) Special warehouses shall be designated by a special person for management and care. Unrelated persons are strictly prohibited from entering the warehouse area, smoking and using fire in the warehouse area are strictly prohibited, and other items that are likely to cause combustion and explosion are not allowed to be brought into the warehouse area. Accommodation and other activities;
(4) Lost, stolen, or stolen civilian explosives shall be reported immediately to the local public security organs.
在爆破作业现场临时存放民用爆炸物品的,应当具备临时存放民用爆炸物品的条件,并设专人管理、看护,不得在不具备安全存放条件的场所存放民用爆炸物品。 Article 42 Those who temporarily store explosive articles for civilian use at the blasting site shall have the conditions for temporarily storing explosive articles for civilian use, and shall have special personnel to manage and care for them. They shall not store explosive articles for civilian use in places that do not have the conditions for safe storage.
民用爆炸物品变质和过期失效的,应当及时清理出库,并予以销毁。 Article 43: If a civilian explosive article deteriorates or expires, it shall be promptly cleaned out of the warehouse and destroyed. Before the destruction, a registration shall be made and a plan for the implementation of the destruction shall be submitted to the competent department of civil explosives industry of the people ’s government of the province, autonomous region, or municipality directly under the Central Government, and the public security organ of the county-level people ’s government where it is located shall supervise the destruction.

Chapter VII Legal Liability

非法制造、买卖、运输、储存民用爆炸物品,构成犯罪的,依法追究刑事责任;尚不构成犯罪,有违反治安管理行为的,依法给予治安管理处罚。 Article 44 Anyone who illegally manufactures, trades, transports, or stores civilian explosives and constitutes a crime shall be investigated for criminal responsibility in accordance with law; if no crime has been constituted and there has been a violation of public security management, the public security management shall be punished according to law.
In case of a serious accident in the production, storage, transportation, or use of civilian explosives in violation of the provisions of these Regulations, causing serious consequences or particularly serious consequences that constitute a crime, criminal responsibility shall be investigated in accordance with the law.
In violation of the provisions of this regulation, without permission, the civilian explosives industry shall be ordered to stop illegal production and sales activities, impose a fine of 100,000 to 500,000 yuan, and confiscate the illegal production and sales. Civil explosives and their illegal gains.
In violation of the provisions of this regulation, if you purchase or transport civilian explosives or engage in blasting operations without permission, the public security organ shall order the suspension of illegal purchases, transportation, and blasting operations, impose a fine of 50,000 yuan up to 200,000 yuan, and confiscate the illegal purchase. , Transportation and civilian explosives used in blasting operations and their illegal income.
The competent department of the civilian explosives industry and the public security organ shall organize the destruction of the confiscated illegal civilian explosives.
违反本条例规定,生产、销售民用爆炸物品的企业有下列行为之一的,由民用爆炸物品行业主管部门责令限期改正,处10万元以上50万元以下的罚款;逾期不改正的,责令停产停业整顿;情节严重的,吊销《民用爆炸物品生产许可证》或者《民用爆炸物品销售许可证》: Article 45 In violation of the provisions of these Regulations, an enterprise that produces or sells explosive articles for civilian use shall perform one of the following acts, and the competent department of the civilian explosives industry shall order correction within a time limit and impose a fine of 100,000 to 500,000 yuan; If it is corrected, it shall be ordered to suspend production and business for rectification; if the circumstances are serious, the "Civil Explosive Articles Production License" or "Civil Explosive Articles Sales License" shall be revoked:
(1) Production and sale of varieties and output exceeding the production license;
(2) Production operations in violation of safety technical regulations;
(3) The quality of civilian explosives does not meet relevant standards;
(4) The packaging of civilian explosives does not meet the requirements of laws, administrative regulations and relevant standards;
(5) Selling civilian explosives in a variety or quantity beyond the purchase permit;
(6) Selling explosives for civilian use to units that do not have a License for the Production of Civil Explosives, a License for the Sale of Civil Explosives, or a License for the Purchase of Civil Explosives;
(7) The sale of civilian explosives produced by the enterprise for the production of civilian explosives by the enterprise has not been filed with the competent department of civil explosives industry in accordance with regulations;
(8) Import and export of civilian explosives without approval.
违反本条例规定,有下列情形之一的,由公安机关责令限期改正,处5万元以上20万元以下的罚款;逾期不改正的,责令停产停业整顿: Article 46 In violation of the provisions of these regulations, in one of the following circumstances, the public security organ shall order a correction within a time limit and impose a fine of 50,000 yuan to 200,000 yuan; if it fails to make corrections within the time limit, it shall be ordered to suspend production and business for rectification:
(1) Failure to make warning marks, registration marks or detonator codes in accordance with regulations;
(2) purchase of civilian explosives beyond the variety and quantity of the purchase permit;
(3) using cash or physical objects for trading of civilian explosives;
(4) Failure to keep the purchase unit's license, bank account transfer voucher, and copy of the identity certificate of the operator in accordance with regulations;
(5) Selling, purchasing, importing, exporting, importing, exporting, or importing civilian explosives, failing to report to the public security organs in accordance with regulations;
(6) failing to establish a civil explosives registration system in accordance with the regulations, and truthfully entering the variety, quantity and flow information of the civilian explosives produced, sold, purchased, transported, stored and used by the unit into the computer system;
(7) Failure to return the "Civil Explosive Articles Transport License" to the issuing authority for verification and cancellation in accordance with regulations.
违反本条例规定,经由道路运输民用爆炸物品,有下列情形之一的,由公安机关责令改正,处5万元以上20万元以下的罚款: Article 47 In violation of these regulations, the transportation of civilian explosives by road under one of the following circumstances shall be ordered to be corrected by the public security organ and a fine of 50,000 to 200,000 shall be imposed:
(1) Violation of transportation permits;
(2) Failure to carry the "Civil Explosive Articles Transport License";
(3) Mixed explosives for civilian use in violation of relevant standards and specifications;
(4) The transport vehicle fails to suspend or install warning signs of flammable and explosive dangerous goods in accordance with national standards in accordance with regulations;
(5) failing to follow the prescribed route, having no special guard or stopping at a place other than the permit during the stop;
(6) Cars carrying civilian explosives carry people;
(7) Failure to take necessary emergency measures immediately and report to the local public security organ when a dangerous situation occurs.
违反本条例规定,从事爆破作业的单位有下列情形之一的,由公安机关责令停止违法行为或者限期改正,处10万元以上50万元以下的罚款;逾期不改正的,责令停产停业整顿;情节严重的,吊销《爆破作业单位许可证》: Article 48 If, in violation of the provisions of these regulations, a unit engaged in blasting operations has one of the following circumstances, the public security organ shall order the suspension of the illegal act or correction within a time limit, and impose a fine of 100,000 to 500,000 yuan; Order to suspend production and business for rectification; if the circumstances are serious, the "Blasting Unit License" is revoked:
(1) The blasting operation unit has not engaged in blasting operations in accordance with its qualification level;
(2) A business blasting operation unit has carried out blasting operations across provinces, autonomous regions, and municipalities, and failed to report to the public security organ of the county-level people's government where the blasting operation was located in advance;
(3) The blasting operation unit fails to establish a registration system for the collection of civil explosives, and keeps a record of the collection;
(4) Blasting operations are carried out in violation of relevant national standards and norms.
If a blasting operator violates the relevant national standards and specifications to carry out a blasting operation, the public security organ shall order correction within a time limit. In serious cases, the "blasting operator license" shall be revoked.
违反本条例规定,有下列情形之一的,由民用爆炸物品行业主管部门、公安机关按照职责责令限期改正,可以并处5万元以上20万元以下的罚款;逾期不改正的,责令停产停业整顿;情节严重的,吊销许可证: Article 49 In violation of the provisions of these regulations, in one of the following circumstances, the competent department of the civil explosives industry and the public security organ shall order correction within a time limit in accordance with their duties, and may concurrently impose a fine of 50,000 yuan to 200,000 yuan; If the case is serious, the license shall be revoked:
(1) Failure to set up technical protection facilities in special warehouses in accordance with regulations;
(2) Failure to establish a system for inspection, registration, or storage and distribution of civilian explosives in accordance with regulations, resulting in discrepancies in accounts;
(3) Excessive storage, storage in non-dedicated warehouses, or storage of civilian explosives in violation of storage standards and regulations;
(4) Other acts in violation of the regulations on the storage and management of civilian explosives provided for in these regulations.
违反本条例规定,民用爆炸物品从业单位有下列情形之一的,由公安机关处2万元以上10万元以下的罚款;情节严重的,吊销其许可证;有违反治安管理行为的,依法给予治安管理处罚: Article 50 In violation of the provisions of these Regulations, in the case of an entity engaged in civil explosives in any of the following circumstances, the public security organ shall impose a fine of 20,000 to 100,000 yuan; if the circumstances are serious, its license shall be revoked; , Punishment for public security management shall be given according to law:
(1) Violating the safety management system and causing the loss, theft, or robbing of civilian explosives;
(2) Civil explosives are lost, stolen, or stolen, failing to report to the local public security organs in accordance with regulations or deliberately concealing or not reporting;
(3) Transferring, lending, lending, mortgage, or gift of civilian explosives.
违反本条例规定,携带民用爆炸物品搭乘公共交通工具或者进入公共场所,邮寄或者在托运的货物、行李、包裹、邮件中夹带民用爆炸物品,构成犯罪的,依法追究刑事责任;尚不构成犯罪的,由公安机关依法给予治安管理处罚,没收非法的民用爆炸物品,处1000元以上1万元以下的罚款。 Article 51 In violation of the provisions of these Regulations, carrying civilian explosives on public transport or into public places, mailing or enclosing civilian explosives in consignments, luggage, parcels, or postal articles, which constitutes a crime, shall be investigated for criminal responsibility according to law; If the crime has not yet been constituted, the public security organ shall punish the public security administration according to law, confiscate the illegal civilian explosives and impose a fine of 1,000 yuan to 10,000 yuan.
民用爆炸物品从业单位的主要负责人未履行本条例规定的安全管理责任,导致发生重大伤亡事故或者造成其他严重后果,构成犯罪的,依法追究刑事责任;尚不构成犯罪的,对主要负责人给予撤职处分,对个人经营的投资人处2万元以上20万元以下的罚款。 Article 52 If the principal person in charge of a civilian explosives substance employment unit fails to perform the safety management responsibilities specified in these Regulations, leading to a major casualty accident or other serious consequences that constitutes a crime, the criminal liability shall be investigated in accordance with the law; The principal responsible person shall be subject to dismissal, and the individual investor shall be fined 20,000 to 200,000 yuan.
民用爆炸物品行业主管部门、公安机关、工商行政管理部门的工作人员,在民用爆炸物品安全监督管理工作中滥用职权、玩忽职守或者徇私舞弊,构成犯罪的,依法追究刑事责任;尚不构成犯罪的,依法给予行政处分。 Article 53 Staff members of the competent department of civil explosives industry, public security organs, and administrative departments for industry and commerce shall abuse their powers, neglect their duties, or engage in malpractices in the safety of civil explosives, which constitutes a crime, and shall be investigated for criminal responsibility according to law; If it does not constitute a crime, administrative sanctions shall be given in accordance with law.

Chapter VIII Supplementary Provisions

《民用爆炸物品生产许可证》、《民用爆炸物品销售许可证》,由国务院国民用爆炸物品行业主管部门规定式样;《民用爆炸物品购买许可证》、《民用爆炸物品运输许可证》、《爆破作业单位许可证》、《爆破作业人员许可证》,由国务院公安部门规定式样。 Article 54 The "Civil Explosive Article Production License" and "Civil Explosive Article Sales License" shall be in the form prescribed by the competent department of the national explosives industry of the State Council; "Civil Explosive Article Purchase License" and "Civil Explosive Article Transport License" The permit, blasting operation unit license, and blasting operation personnel license shall be specified by the public security department of the State Council.
本条例自2006年9月1日起施行。 Article 55 These Regulations shall become effective on September 1, 2006. The " Regulations of the People's Republic of China on the Management of Civil Explosive Articles " promulgated by the State Council on January 6, 1984 shall be repealed simultaneously.


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