(adopted at the 20th meeting of the Executive Committee of the Third Shenzhen Municipal People’s Government, promulgated by Decree No.99 of Shenzhen Municipal Government on February 23, 2001)
Chapter One General Provisions
Article 1 In order to strength safety administration, prevent serious safety accidents and protect the lives and properties of the people, these Rules are hereby formulated in accordance with the Regulations of Shenzhen Special Economic Zone on Safety Administration and the relevant regulations on managing public servants.
Article 2 These Rules shall apply to the rewards and punishments granted to the leading officials of the municipal, district and town people’s governments (sub-district offices., and the relevant departments of the municipal and district people’s governments.
Article 3 The term of “leading officials” mentioned in these Rules refers to the sum of the following persons of the municipal, district and town people’s governments (sub-district offices., and the relevant departments of the municipal and district people’s governments:
1. the chief administrative officials and the main officials in charge;
2. the deputy officials assigned to take charge of safety administration;
3. the deputy officials assigned to take charge of the professional work concerning safety administration.
Article 4 The authorities and limits of safety administration shall be determined according to the provisions of law, regulations and rules, or be determined according to the principle of territorial jurisdiction if there is no relevant provision except that the superior government or governmental department make special provisions.
Chapter Two Functions and duties
Article 5 The municipal and district people’s governments shall fulfill the following functions and duties in safety administration:
1. earnestly implementing and enforcing the provisions on safety administration of law, regulations and rules, putting the work of safety administration into their daily schedules of important matters, and researching and solving, in time, the major issues of safety administration occurred in the areas under their jurisdiction;
2. establishing and perfecting the working institutions for safety administration in the areas under their jurisdiction, employing personnel for safety administration and preparing funds required by the work of safety administration.
3. establishing and perfecting the relevant safety managerial systems in the areas under their jurisdiction, such as the responsibility system of safety administration, the system of safety check, and the system of regular inspection by leaders;
4. making the yearly working plans of safety administration of the areas under their jurisdiction, and organizing their implementation;
5. taking effective measures in time to solve the hidden serious safety problems in the areas under their jurisdiction, and reporting to their superior governments and relevant departments about the problems in time if they goes beyond their functions and duties;
6. making emergency preparedness plans for serious accidents in areas under their respective jurisdiction, organizing rescue in time and reducing damages when serious accidents take place in areas under their respective jurisdiction, and reporting to superior governments and relevant departments about the true information of the accidents at the same time, dealing with the problems arising from the accidents and assisting in the investigation and punishment.
Article 6 Every department of the municipal or district people’s government shall fulfill the following functions and responsibilities on safety administration:
1. earnestly implementing and enforcing the provisions on safety administration of law, regulations and rules, putting the work of safety administration into its daily deliberation schedule of important matters, and researching and solving the major issues of safety administration in the department (system) in time;
2. establishing and perfecting the working institution of safety administration in the department (system), employing personnel for safety administration and preparing funds required by the work of safety administration;
3. establishing and perfecting the relevant safety managerial systems in the department (system), such as the responsibility system of safety administration, the system of safety check and the system of regular inspection by leaders;
4. making the yearly working plan of safety administration in the department (system) in accordance with the municipal or district yearly working plan of safety administration, determining the focal points and contents of inspections, and organizing the implementation of the plan;
5. making the working norms of safety administration in accordance with the provisions of national law, regulations and standards on safety administration in combination of the actual needs.
6. examining and approving the applications concerning safety administration, which are under its approval jurisdiction, according to the provisions on safety administration, and assisting and cooperating with other relevant departments positively for applications falling in the jurisdiction of other departments;
7. taking effective measures in time to settle down the hidden serious safety problems in its department (system), and reporting to a relevant superior department or to the government of the same level about the problem in time if it goes beyond its jurisdiction;
8. making emergency preparedness plans for serious accidents in its department (system), organizing rescue in time and reducing damages to minimum when a serious accident takes place in its department (system), and reporting to the superior government and relevant departments about the true information of the accident at the same time, dealing with the problems arising from the accident and assisting in the investigation and punishment.
Article 7. A town people’s government (sub-district office) shall fulfill the following functions and responsibilities on safety administration:
1. earnestly implementing and enforcing the provisions on safety administration of law, regulations and rules, putting the work of safety administration into its daily deliberation schedule of important matters, and researching and solving the major issues of safety administration in the area under its jurisdiction in time;
2. establishing and improving the responsibility systems of safety administration in the area under its jurisdiction, establishing and improving the organ of safety administration in the area under its jurisdiction and employing personnel for safety administration;
3. making the yearly plan of safety check in the area under its jurisdiction according to the municipal or district yearly plan of safety administration, and organizing the implementation of the plan;
4. supervising, urging and checking the enterprises in the area under its jurisdiction to do well in safety administration, such as the town enterprises, village enterprises, enterprises engaging in the processing of supplied materials, processing according to the client’s samples, assembling with supplied parts or compensation trade, stock cooperative enterprises, individual economical organizations and the other enterprises which shall be administrated by it as definitely required by the district government;
5. taking effective measures in time to settle the hidden serious safety problems in the area under its jurisdiction, and reporting to the superior government and relevant departments about the problem in time if it goes beyond its jurisdiction;
6. making emergency preparedness plans for serious accidents in the area under its jurisdiction according to the actual circumstances, organizing rescue in time and reducing damages to minimum when a serious accident takes place in the area under its jurisdiction, and reporting to the superior government and relevant departments about the true information of the accident at the same time, dealing with the problems arising from the accident and assisting in the investigation and punishment.
Article 8 Villagers’ (Residents’) committees shall supervise and urge the enterprises under their jurisdiction to do well in safety management, and assist all levels of governments and relevant departments in the supervision and inspection of safety administration.
Article 9 The leading officials of each level of government or relevant department shall fulfill all those duties of safety administration stipulated by law, regulations, rules and these Rules according to their respective functions and duties assigned.
Chapter Three Rewards
Article 10 The rewards which may be granted to the leading officials of the municipal, district and town people’s governments (sub-district offices), and relevant departments of the municipal and district people’s government shall be classified as commendations, recording merit of the third class, recording merit of the second class, recording merit of the first class and being granted the title of an advanced individual of safety administration.
Article 11 In any one of the following circumstances, the leading official of the municipal, district or town people’s government (sub-district office), or a relevant department of the municipal or district people’s government may be awarded a commendation or be granted the title of an advanced individual of safety administration because of fulfilling his functions and duties earnestly:
1. the leading official of a district, town people’s government (sub-district office), or an administrative department of safety supervision of the municipal or district people’s government fulfills his functions and duties earnestly resulting that there is no serious safety accident in the district, department or system in a year during his term;
2. the leading official of another relevant department of the municipal or district people’s government fulfills his functions and duties earnestly resulting that there is no safety accident causing death in a year during his term.
Article 12 A leading official of the municipal, district or town people's government (sub-district office) or a relevant department of the municipal or district people’s government may be awarded a citation for merit if he commits any one of the following behaviors:
1. taking effective measures to prevent a serious, or extremely serious safety accident from happening, so that the loss of interests of the state and people is prevented or reduced;
2. achieving extremely outstanding performance in rescue and relief work;
3. engaging in safety administration work for a long term and making remarkable achievements.
Article 13 No commendation or citation for merit may be awarded until the municipal administrative personnel department or the municipal government approves according to their respective authorities and limits under the examination and approval procedures, after the municipal safety administrative committee finishes preliminary examination to the qualification of candidates recommended by a district people’s government or a relevant department of the municipal people’s government.
Before the title of an advanced individual of safety administration is granted, the municipal or district safety administration committee shall submit the candidate to the people’s government of the same level for approval.
Article 14 Persons who are awarded shall be granted certificates or medals by the awarding departments, and may be granted material prizes or salary raise. The fees expended for the rewards shall be allocated from the public finance.
Article 15 If a person is awarded on the basis of a seriously false fact, the authority approving the reward shall revoke the awarding decision and take back the reward certificate, medal and material prize. If the honor is gained by practicing fraud, relevant persons shall be investigated for administrative liabilities.
Chapter Four Punishments
Article 16 The administrative punishments which may be imposed to the leading officials of the municipal, district and town people’s governments (sub-district offices), and relevant departments of the municipal and district people’s governments shall be classified as circulation of criticism, warning, recording a demerit, recording a serious demerit, demotion and dismiss.
The imposing of administrative punishments mentioned in these Rules shall be decided by the appointing and dismissing authority or the administrative department of supervision, except that these Rules provide otherwise.
Article 17 The municipal or district safety administration committee shall circulate a criticism to a leading official of the municipal, district or town people's government (sub-district office) or a relevant department of the municipal or district people’s government if he does not fulfill his functions and duties earnestly and commits any one of the following activities but resulting no serious safety accident:
1. failing to earnestly implement the provisions of law, regulations, or policies on safety administration;
2. failing to establish or improve the responsibility system of safety administration in the area or department (system) under his jurisdiction, or failing to carry out the responsibility system, resulting that the organization of safety administration is not well organized or the working staff or funds are not available;
3. failing to make the yearly working or checking plan of safety administration work, or failing to carry out the plan mentioned above;
4. failing to find out an existed hidden serious safety problem during a check, or failing to adopt effective measures in time upon finding out the problem;
5. failing to make any emergency rescue preparedness plan or failing to organize any emergency rescue team in the area or department (system) under his jurisdiction as regulated, or failing to research or solve a major safety issue in time;
6. failing to finish the work in time which is assigned by the superior government or the safety administration committee without proper reasons;
7. failing to submit the emergent information on safety administration in time according to the regulations.
Article 18 The person who undertakes leading responsibility for a serious safety accident taking place in the area under his jurisdiction shall be punished according to the provisions of Article 19,20, 21,22 or 23 of these Rules if he fails to implement any or all of his safety administrative functions and duties, and commits any one of the following activities:
1. failing to make any working plan on safety administration (check), or failing to carry out the plan already made;
2. failing to find out a hidden serious safety problem when checking a unit;
3. failing to promptly adopt measures to solve the hidden serious safety problem upon discovery or failing to report to the superior authority about the problem in time according to relevant regulations;
4. failing to research and solve a major issue of safety administration, or failing to report to the superior authority about the issue in time according to relevant regulations;
5. failing to adopt effective rescue measures, or failing to give appropriate command thus causing the situation worse when there is a serious safety accident or a serious danger;
6. failing to examine and approve an application concerning safety administration according to relevant regulations;
7. other activities regulated by law, regulations or rules.
Article 19 If a person fails to implement any or all of his safety administration functions and duties, resulting 2 safety accidents each causing 5 to 10 deaths in a year during his term, he shall be punished according to the following rules:
1. he shall be imposed the penalty of warning if he shall undertake the main leading responsibility and is a leading official of a town people’s government (sub-district office) where the accident takes place;
2. he shall be imposed the penalty of warning if he shall undertake the main leading responsibility and is a leading official of an administrative department of the municipal or district people’s government involved in the safety accident;
Article 20 If a person fails to implement any or all of his safety administration functions and duties, resulting a safety accident causing 10 to 30 deaths in a year during his term, he shall be punished according to the following rules:
1. if he is a leading official of a town people’s government (sub-district office) where the accident takes place, he shall be imposed the penalty of dismissal if he shall undertake the main leading responsibility, or the penalty of demotion if he is shall undertake the important leading responsibility;
2. if he is a leading official of an administrative competent department of the municipal or district people’s government administering the unit where the accident takes place, he shall be imposed the penalty of dismissal if he shall undertake the main leading responsibility, or the penalty of demotion if he shall undertake the important leading responsibility;
3. if he is a leading official of a department of district people’s government involved in the accident, he shall be imposed the penalty of demotion if he shall undertake the main leading responsibility, or the penalty of recording a serious demerit if he shall undertake the important leading responsibility;
4. if he is a leading official of the district people’s government where the accident takes place, he shall be imposed the penalty of recording a serious demerit if he shall undertake the main leading responsibility, or the penalty of recording a demerit if he shall undertake the important leading responsibility;
5. if he is a leading official of a department of the municipal people’s government involved in the accident, he shall be imposed the penalty of recording a serious demerit if he shall undertake the main leading responsibility, or the penalty of recording a merit if he shall undertake the important leading responsibility.
Article 21 If a person fails to implement any or all of his safety administration functions and duties, resulting 2 safety accidents each causing 10 to 30 deaths in a year during his term, he shall be punished according to the following rules:
1. if he shall undertake the main or important leading responsibility and is a leading official of the town people’s government (sub-district office) where the accident takes place, he shall be imposed the penalty of dismissal;
2. if he shall undertake the main or important leading responsibility and is a leading official of the administrative competent department of the municipal or district people’s government administering the unit where the accident takes place, he shall be imposed the penalty of recording a serious demerit;
3. if he is a leading official of a department of the district people’s government involved in the accident, he shall be imposed the penalty of dismissal if he shall undertake the main leading responsibility, or the penalty of demotion if he shall undertake the important leading responsibility;
4. if he is a leading official of the district people’s government governing the unit where the accident takes place, he shall be imposed the penalty of demotion if he shall undertake the main leading responsibility, or the penalty of recording a serious merit if he shall undertake the important leading responsibility;
5. if he is a leading official of a relevant department of the municipal people’s government involved in the accident, he shall be imposed the penalty of demotion if he shall undertake the main leading responsibility, or the penalty of recording a serious merit if he shall undertake the important leading responsibility;
6. the district where the accident takes place shall be disqualified of being a candidate of civilized district.
Article 22 If a person fails to implement any or all of his safety administration functions and duties, resulting a safety accident causing more than 30 deaths during his term, he shall be punished according to the following rules:
1. if he shall undertake the main or important leading responsibility and is a leading official of the town people’s government (sub-district office) governing the unit where the accident takes place, he shall be imposed the penalty of dismissal;
2. if he shall undertake the main or important leading responsibility and is a leading official of the administrative competent department of the municipal or district people’s government governing the unit where the accident takes place, he shall be imposed the penalty of dismissal;
3. if he shall undertake the main or important leading responsibility and is a leading official of a relevant department of the district people’s government involved in the accident, he shall be imposed the penalty of dismissal;
4. if he is a leading official of the district people’s government where the accident takes place, he shall be imposed the penalty of dismissal if he shall undertake the main leading responsibility, or the penalty of demotion if he shall undertake the important leading responsibility;
5. if he is a leading official of a department of the municipal people’s government involved in the accident, he shall be imposed the penalty of dismissal if he shall undertake the main leading responsibility, or the penalty of demotion if he shall undertake the important leading responsibility;
6. the district where the accident takes place shall be disqualified of being a candidate of civilized district or good leading team; the relevant department of the municipal people’s government involved in the accident or relating to the unit where the accident takes place shall be disqualified of being a candidate of good leading team.
Article 23 If a person fails to implement any or all of his safety administration functions and duties, resulting a safety accident causing great loss to the State’s properties but no death or injury, he shall be punished according to relevant regulations of the State.
Chapter Five Supplementary Provisions
Article 24 The term of “main leading responsibility” mentioned in these Rules refers to the direct leading responsibility, which shall be undertaken by a person for the loss caused by a safety accident who fails to implement any or all of his functions and duties and has no sense of responsibility to the work directly under his charge.
The term of “important leading responsibility” mentioned in these Rules refers to the secondary leading responsibility, which shall be undertaken by a person for the loss caused by a safety accident who fails to implement any or all of his functions and duties in the work under his charge or in the work where he is involved in the decision-making.
The term of “State’s properties” mentioned in these Rules refers to the sum of properties owned by the State, collectives and social public.
The term of “administrative competent department” mentioned in these Rules refers to the department which has the administrative authority to the personnel, money and properties of a unit.
Article 25 The district people’s governments and the departments of the municipal people’s government may make detailed implementation rules according to these Rules.
Article 26 These Rules shall take effect as of the date of promulgation.
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