Implementation Regulations of Import Boiler und Pressure Vessel Safety Quality Licensing System

Transcription

1 Implementation Regulations of Import Boiler und Pressure Vessel Safety Quality Licensing System Issued by the Ministry of Labour of the People s Republic of China on September 29, 1993

2 Implementation Regulations of Import Boiler and Pressure Vessel Safety Quality Licensing System Chapter 1 General Provisions Article 1 The Implementation Regulations of Import Boiler and Pressure Vessel Safety Quality Licensing System (hereinafter referred to as the Regulations ) is formulated in accordance with The Law of the P. R. China on Import and Export Commodity Inspection and its enforcement regulations, and the Provisional Regulations on Supervision of Safety Performance of Boilers and Pressure Vessels. Article 2 The Regulations is applicable to import boilers, pressure vessels and their safety appurtenances (hereinafter referred to as boilers and pressure vessels, or BPV) covered in The List of Import Boilers and Pressure Vessels Subjected to Safety Quality Licensing System (hereinafter referred to as the List ). The List shall be jointly issued by the Ministry of Labour of the P. R. China and the State Administration of Import and Export Commodity Inspection of the P. R. China two years prior to its implementation. Article 3 After the implementation of the List, all foreign enterprises or their representatives exporting the BPV products covered in the List to the P. R. China (hereinafter referred to as the applicant ) must follow the provisions of the Regulations in order to obtain the safety quality licensing certificate issued by the Ministry of Labour for import boiler and pressure vessel products. When signing contracts concerning BPV products covered in the List, the foreign trade agents, receivers and users in the P. R. China (PRC)should notify the applicants to obtain the safety quality licensing certificate from the Ministry of Labour by following the specified procedures. The import review and approval units should supervise and check the aforementioned process. The foreign-funded enterprises producing BPV in the territory of the PRC shall abide by the domestic manufacturing licensing system of the PRC. Article 4 The Ministry of Labour takes responsibility for the organizing and implementing of import boiler and pressure vessel safety quality licensing system. The Organization of Boiler and Pressure Vessel Safety Supervision of the Ministry of Labour (hereinafter referred to as CBPVS) is responsible for accepting applications and overall administration of the system. The Ministry of Labour authorizes its sub-branch, the Centre of Boiler and Pressure Vessel

3 Inspection and Research or those qualified inspection agencies (hereinafter referred to as the assigned inspection agency) to be responsible for the specific work of review, inspection and testing, and routine auditing. Chapter 2 Forms of Safety Quality Licensing Article 5 There are two kinds of import boiler and pressure vessel safety quality licensing, i. e. Factory Licensing and Type Licensing. Factory Licensing principally, reviews a factory s manufacturing and inspection conditions, and quality assurance system in order to confirm the capability and guarantee of the safety quality of its products. Type Licensing is principally inspects and tests the design, manufacture, and safety quality of a specific type of product in order to confirm the reliability of its safety quality. The scope of products applicable to Factory Licensing and Type Licensing is listed in the Guidelines for Implementation Regulations of Import Boiler and Pressure Vessel Safety Quality Licensing System of the P. R. China (hereinafter referred to as Guidelines ). Article 6 CBPVS shall determine the forms of safety quality licensing for BPV covered in the List, according to the complexity of structure, mode of production, etc. of the products. When deemed necessary,a products utilizing Factory Licensing may require the addition of Type Licensing or may have its licensing changed to Type Licensing; a product utilizing Type Licensing may also require the addition of Factory Licensing. Chapter 3 Application Article 7 After the List is issued, the applicant may begin applying for an import licensing by handing in a written request to CBPVS. The request should include the type of product,manufacturing site, form of safety quality licensing and the present state of the products being exported to P. R. China (including the present situation of contract negotiations). Article 8 After accepting the request and confirming the form of licensing to be applied for, CBPVS shall notify the assigned inspection agency to mail the blank application forms and relevant documents and materials to the applicant. Article 9 The applicant must complete the application forms and deliver them along with the required documents and materials to the assigned inspection agency.

4 All of the application forms, documents and letters submitted by applicant shall be written in Chinese or English. Article 10 The applicant who has successfully completed Factory Licensing shall re apply for licensing if the production site is moved, or if production conditions or quality assurance system undergo greatly change. The applicant who has successfully completed a Type Licensing shall re apply for licensing if the production site or the design, manufacture, and acceptance conditions of the product is changed. Chapter 4 Review Article 11 The review of Factory Licensing includes review of the relevant documents and materials and a survey of the factory s production site; the review of Type Licensing includes review of the relevant documents and materials, comprehensive inspection and testing of product samples, and if necessary,a survey of factory s production site. The review is organized by the assigned inspection agency in accordance with the Guidelines. Representatives from CBPVS may form part of the review team. Article 12 The review of documents and materials is mainly to check their completeness, correctness and effectiveness in order to determine whether or not they conform to the stipulations of the relevant laws and statutes of the P. R. China, whether or not they satisfy the requirements of product sample inspection and testing, factory survey, and product safety quality control. In the case that the results of review are unsatisfactory, the assigned inspection agency shall directly inform the applicant in writing of needed improvements, submissions of additional documents, or of a decision of terminate the review. In the case that the results of review are satisfactory, the assigned inspection agency shall notify the applicant to provide product samples for inspection and testing or to make preparation for factory survey. Article 13 product sample inspection and testing check the material, structure, strength and safety performance of a product sample. Article 14 factory survey consists mainly of checking the conditions of production and inspection, the process technology and the implementation of the quality assurance system by means of a survey of the manufacture, inspection and performance of the products. Article 15 in the case the results of product sample inspection and testing of factory survey are unsatisfactory, a written notice of the non-conformities and the results of inspection and testing (or survey) in the detail, or a supplementary notice of the requirements for improvement and the deadline for re-inspection and re-testing of the improved product samples or for factory

5 recheck shall be sent directly to the applicant by the assigned inspection agency. Article 16 the assigned inspection agency shall submit a review results to CBPVS when the final review results satisfy the requirements for safety quality licensing. The safety quality licensing certificate, along with a notice, shall be mailed to the applicant by the assigned inspection agency. Chapter 5 Approval and Use of the Safety Quality Licensing Certificate and Symbol Article 17 After checking and approving the various reports and documents submitted, CBPVS shall report the Ministry of Labour to issue the corresponding safety quality licensing certificate. A public announcement shall also be issued by the Ministry of Labour after consultation and agreement with the State Administration of Import and Export Commodity Inspection. Article 18 After receiving the notice, the applicant shall put forward the quantities of safety quality licensing stamp symbols needed according to the notice and mail the name plate samples of products subject to safety quality licensing and trademark samples of the products (or of the factory) to the assigned inspection agency. The safety quality licensing stamp symbols shall be mailed to the applicant by the assigned inspection agency. Article 19 Each import boiler and pressure vessel product with a safety quality licensing certificate shall have a safety quality licensing stamp symbol on its name plate or in the specified place, as well as an attached copy of its safety quality licensing certificate together with its product quality certificate. Article 20 The safety quality licensing certificate is valid for a period of four years from the date of issuance. Within four to six months prior to the expiration date of certificate, the original applicant shall submit a written application for the recheck and renewal of the certificate in accordance with the Regulations. Otherwise, after the date of expiration, the Ministry of Labour in consultation with the State Administration of Import and Export Commodity Inspection, shall make public announcement revoking the original safety quality licensing certificate and the original applicant shall be required to hand over the safety quality licensing stamp symbols. Chapter 6 Post Audit and Supervision Article 21 When the boiler and pressure vessel products that are covered in the List and that have completed safety quality licensing enter P. R. China, supervision and inspection of safety performance quality of the products shall

6 be conducted in accordance with the Regulations for Supervision and Administration of Import and Export Boilers and Pressure Vessels of the P. R. China. Article 22 After successfully completing the safety quality licensing, the applicant must submit a list of names and quantities of products and the names and addresses of the domestic users to the file of the Centre of Boiler and Pressure Vessel Inspection and Research under the Ministry of Labour for all BPV exported to P. R. China and covered in the List. Article 23 An assigned inspection agency shall conduct random spot checks of manufacturing, inspection and testing conditions, safety performance quality of products and status of the use of stamp symbols of safety quality licensing at boiler and pressure vessel manufacturers who have successfully completed safety quality licensing. Article 24 The assigned inspection agency shall report the applicant to CBPVS whenever the applicants is found to have one of the following after inspection: 1. two batches of reject (unacceptable) import products; 2. two reject batches of product samples selected for inspection from the factory (including a recheck of the additional samples); 3. non-compliance with articles 10 or non-acceptance with Article 23 as stipulated in the Regulations. After authority is granted by CBPVS, the assigned inspection agency shall notify the applicant to suspend use of and seal up the stamp symbols. For resume of the safety quality licensing stamp symbol, the applicant shall submit a written application to CBPVS. After the applicant has passed a re check of his/her factory or products, or corrected violations of the Regulations, the assigned inspection agency, with approval from CBPVS, shall notify the applicant to resume use of the safety quality licensing stamp symbol. Article 25 The safety quality licensing certificate shall be revoked and the stamp symbol shall be taken back after the assigned inspection agency reports to CBPVS and receives approval from the Ministry of Labour,whenever the applicant is found to be involved in one of the following: 1. unauthorized use of the stamp symbol of safety quality licence on unlicensed boiler and pressure vessel; 2. issue of fraudulent safety quality certificate or data report; 3. non-implementation of the provision on suspending use and sealing up the symbol stamp as stipulated in the Article 24 of the Regulations; 4. failure to apply for re-licensing within two years of notification to temporary suspend use the safety quality licensing stamp symbols due to non-

7 accordance with the Regulations. The revocation of safety quality licensing certificate shall be announced publicly in a statement issued by the Ministry of Labour after consultation and agreement with the State Administration of Import and Export Commodity Inspection. The original applicant cannot re submit another application for import licensing until half a year after the date of the announcement. Article 26 Importation, sale, installation and operation of boilers and pressure vessels covered in the List without a safety quality licensing certificate and stamp symbol, or falsification, modification and transferral of a safety quality licensing certificate and stamp symbol shall be punished in accordance with the relevant laws and statutes of the P. R. China. Chapter 7 Supplementary Provisions Article 27 The applicant shall facilitate the work for the Chinese team that conducts the audit, supervision and survey of the safety quality licensing according to the Regulations. This includes assistance in handling entrance and transit visa formalities as needed for review team to carry out its work. Article 28 The applicant shall pay for various kinds of fees and expenses as stipulated. Article 29 At the request of the applicant, the assigned inspection agency shall maintain secret of the design, manufacture, inspection and test techniques of the applicant s products. Article 30 The Guidelines for Implementation Regulations of Import Boiler and Pressure Vessel Safety Quality Licensing System of the P.R. China and various relevant forms and cards needed to carry out the Regulations shall be prepared by the Centre of Boiler and Pressure Vessel Inspection and Research under the Ministry of Labour and shall be issued and put in use after approval by the Ministry of Labour. Article 31 The Ministry of Labour is responsible for the interpretation of the Regulations. Article 32 The Regulations shall enter into effect on December 1, At the same time, the document entitled Implementing Regulations of Import Boiler and Pressure Vessel Quality Licence System (for Trial Implementation ) issued by the Ministry of Labour on February 26, 1990, shall be abolished. (N.B. In case there is a conflict between the English version and Chinese version of the Regulations, the Chinese version shall be regarded as authoritative version.)