Special Equipment Manufacturing Unit Licensing Rules (Draft for Comments)


Release Time:

2019-01-17

To standardize the licensing work of special equipment production (design, manufacturing, installation, transformation, and repair) and filling units, and in accordance with relevant laws and regulations such as the "Special Equipment Safety Law of the People's Republic of China" and the "Special Equipment Safety Supervision Regulations", the "Licensing Rules for Special Equipment Production Units" are formulated.

Special Equipment Production Unit Licensing Rules

General Provisions

1.1  Purpose and Basis

In order to standardize the production of special equipment ( design, manufacture, installation, transformation, repair) and the licensing work of filling units, this rule is formulated in accordance with the "Special Equipment Safety Law of the People's Republic of China", the "Special Equipment Safety Supervision Regulations", and other relevant laws and regulations.

1.2 Scope of Application

This rule applies to the licensing of design, manufacturing, installation, transformation, repair, and filling units of products within the scope of the catalogue of special equipment used within the People's Republic of China.

1.3  Licensing Authority

The departments responsible for implementing special equipment licensing are the State Administration for Market Regulation ( hereinafter referred to as the SAMR) and the departments of provincial people's governments responsible for the safety supervision and administration of special equipment (hereinafter referred to as provincial special equipment safety supervision departments; the SAMR and provincial special equipment safety supervision departments are collectively referred to as licensing authorities).

1.4  Licensing Scope

The licensing scope includes licensing categories, licensing items, and licensing parameter levels. Their specific meanings are as follows:

(1) Licensing categories include design unit licensing, manufacturing unit licensing, installation, transformation, and repair unit licensing, and filling unit licensing;

(2) Licensing items include pressure vessel design, pressure pipeline design, boiler manufacturing, pressure vessel manufacturing, safety accessory manufacturing, pressure pipeline component manufacturing, foreign special equipment manufacturing, elevator manufacturing ( including installation, repair, and transformation), lifting machinery manufacturing (including installation, repair, and transformation), passenger ropeway manufacturing (including installation, repair, and transformation), on-site special motor vehicle manufacturing (including repair and transformation), large amusement facilities manufacturing (including installation, repair, and transformation), installation, repair, and transformation of pressure-bearing special equipment, elevator installation (including repair), lifting machinery installation (including repair), passenger ropeway installation (including repair), large amusement facilities installation (including repair), on-site special motor vehicle repair, mobile pressure vessel, and gas cylinder filling; licensing items are further divided into several sub-items according to equipment types, categories, varieties, and corresponding parameter levels;

(3) Licensing parameter levels are divided into several levels according to the parameters and danger levels of special equipment and the needs of licensing work.

1.5  Licensing Catalogue

The specific licensing scope and licensing authorities for special equipment shall be implemented in accordance with the catalogue of special equipment production unit licenses issued by the SAMR.

1.6 License and Validity Period

Special equipment licenses include the "Special Equipment Production Unit License of the People's Republic of China" and the "Mobile Pressure Vessel ( Gas Cylinder) Filling Unit License of the People's Republic of China" (hereinafter referred to as the license; see Appendix A for the format), and their validity period is 5 years.

1.7 Appraisal and Review Institution

The appraisal and review institution is a technical institution or social organization entrusted by the licensing authority to conduct appraisal and review work in accordance with relevant national regulations. The appraisal and review institutions are determined by the SAMR and provincial special equipment safety supervision departments and undertake corresponding appraisal and review work.

Licensing Conditions

2.1  General Requirements

Units applying for special equipment production and filling licenses ( hereinafter referred to as applicants) shall have legal qualifications, professional and technical personnel, workplaces, equipment and facilities, etc., suitable for the licensing scope, establish and effectively operate quality assurance systems, safety management and job responsibility systems suitable for the licensing scope, and have the technical capabilities to ensure the intrinsic safety of products.

2.1.1  Resource Conditions

Applicants shall have the following resource conditions suitable for the licensing scope:

(1) Professional and technical personnel, including management personnel, technical personnel, and skilled workers;

(2) Workplaces, including production sites, factories, offices, and warehouses;

(3) Equipment and facilities, including production equipment, process equipment, testing instruments, and testing devices

(4) Intellectual property rights, including standards, computer software, patents, and design documents

Specific licensing conditions for various types of special equipment are implemented in accordance with Appendix B to Appendix L of these Rules; the general requirements for personnel, workplaces, and equipment and facilities shall comply with the provisions of Article 2.2 of these Rules.

2.1.2   Quality Assurance System

Applicants shall establish a quality assurance system suitable for the licensing scope in accordance with Appendix M 《Basic Requirements for the Quality Assurance System of Special Equipment Production Units》 of these Rules and maintain its effective operation.

2.1.3   Technical Capability to Ensure Intrinsic Safety of Products

Applicants shall have the technical capability to ensure the intrinsic safety of products and conduct product design, manufacturing, installation, transformation, and repair activities in accordance with special equipment safety technical specifications and relevant standards.

2.2  General Requirements for Resource Conditions

2.2.1  Personnel

In the resource conditions, technical personnel shall have a science and engineering education background and obtain professional titles such as senior engineer, engineer, and assistant engineer; senior technicians and technicians are equivalent to engineers and assistant engineers, respectively.

If personnel do not have the required professional titles in the resource conditions, they need to have the corresponding education and technical work experience; the education shall be in science and engineering. The comparison between professional titles and education and technical work experience is shown in Table 2-1.

Table 2-1 Comparison Table of Professional Titles and Education and Technical Work Experience

Professional Title

Education and Technical Work Experience

Doctoral Graduates

Postgraduate

University Undergraduate

Junior College Graduate

Senior Engineer

Work 6 Years or more

Work 10 Years or more

Work 13 Years or more

Work 15 Years or more

Engineer

Work 1 Years or more

Work 5 Years or more

Work 8 Years or more

Work 10 Years or more

Assistant Engineer

Work 1 Years or more

Work 3 Years or more

Work 5 Years or more

Note 2-1 This rule regarding education, professional titles, and quantities and numerical expressions as "and above" includes the base, quantity, and value; only fixed numerical values are no less than that value.

Note 2-2: Technical work refers to work related to the technical aspects of the corresponding special equipment, including production, filling, inspection, and use.

2.2.2  Workplace and equipment and facility rental

2.2.2.1  Workplace

The production sites, factories, offices, and warehouses of the manufacturing unit, as well as the offices and warehouses of the installation unit, are allowed to be leased. Both parties to the lease shall sign a lease contract and be able to provide proof of land use from the lessor, a property certificate, or other valid proof issued by the land management department.

2.2.2.2  Equipment and facilities

(1) Production equipment required by the resource conditions of the manufacturing unit ( excluding factory-attached lifting equipment), process equipment, testing instruments, and testing devices are not allowed to be leased;

(2) Installation equipment and testing instruments required by the resource conditions of the installation unit are not allowed to be leased.

2.2.3  Work subcontracting ( subcontracting)

(1) Design, The requirements for subcontracting work such as physical and chemical testing, non-destructive testing, heat treatment, and material pretreatment shall be implemented in accordance with Appendix B to Appendix L of these rules; when subcontracting, The production unit shall have corresponding responsible personnel to control the quality of subcontracting ( subcontracting) For those allowed to be subcontracted, the subcontracted unit or institution shall have

(2) corresponding qualifications and capabilities, The non-destructive testing subcontracting ( Design, subcontracting) party shall be a unit that has obtained the corresponding qualifications for special equipment , and shall not subcontract to the inspection institution that implements supervision and inspection for this unit , type testing ; the production unit shall enter into a contract with the subcontracting party ( agreement) to determine the specific items and detailed requirements of the subcontracting, and the subcontracted work shall be provided with a corresponding report by the undertaking unit; the quality control of the subcontracted work shall be the responsibility of the entrusted production unit and shall be included in the control scope of its quality assurance system. Resource Sharing Same unit

2.2.4  When the same unit applies for different types of equipment, the permitted

2.2.4.1   required resources can be shared;

(1) If the same unit has multiple manufacturing addresses, the workplace at each manufacturing address ( production site, factory building, office, warehouse, etc.), as well as the production equipment, process equipment, testing instruments, and experimental devices used in daily production, shall separately meet the requirements of the corresponding product resource conditions, and shall not be shared with the same type of product at other manufacturing addresses; the quality assurance engineer, quality control system responsible personnel, technical personnel, and inspection personnel of the applicant unit can be shared.

(2) Group company and subsidiary ( head office and branch)

2.2.4.2  If a group company and its subsidiaries engage in corresponding licensed activities and apply for licenses separately, the required resources for the license shall not be shared, and each shall establish an independent quality assurance system; If the head office and its branches engage in corresponding licensed activities, they can apply for a license in the name of the head office, or they can apply for a license separately; when the head office and its branches apply for licenses separately, the required resources for the license shall not be shared.

(1) Licensing Procedures and Requirements

(2) Licensing Procedures

Licensing procedures include

3.1 application, acceptance, appraisal, review, issuance of certificates, and announcement.

Application Applications are submitted online. The applicant shall fill in and submit the "Application Form for Administrative License of Special Equipment Manufacturing Unit" (

3.2 hereinafter referred to as the application form), and attach the following scanned materials (

3.2.1  General Requirements

no need to provide originals ), and submit an application to the corresponding issuing authority: Business license of the applicant ( When a branch company applies separately, the business licenses of both the head office and the branch company shall be provided);

(1) "Application License Category Table" in the application form ( signed by the main person in charge of the applicant unit and stamped with the unit seal);

(2) Original license ( when applying for renewal or addition);

(3) Written authorization document from the head office ( when a branch company applies separately);

(4) (5) Other matters that need to be explained.

If online application cannot be implemented due to special circumstances, a written application can be submitted (

因特殊情况不能实施网上申请时,可以提交书面申请( Three copies are required, along with one copy of the other materials (except for (2) and (5) in the previous section) with the unit seal affixed.

3.2.2  Application Requirements for Multiple Manufacturing Addresses

For applicants with multiple manufacturing addresses, please follow these requirements:

(1) If the license is issued by the State Administration for Market Regulation, the applicant's multiple manufacturing addresses can be applied for at the same time.

(2) By If the license is issued by the provincial special equipment safety supervision department, multiple manufacturing addresses of the applicant within the same province (autonomous region, municipality directly under the Central Government) can be applied for at the same time; if they are not in the same province (autonomous region, municipality directly under the Central Government), they should be submitted separately to the provincial special equipment safety supervision department where the manufacturing address is located separately to apply for a separate license.

3.3 Acceptance

3.3.1  Acceptance

After receiving the application materials, the licensing authority shall, for materials that are complete and meet the legal requirements, accept them within 5 working days, and issue a "Decision on Acceptance of Special Equipment Administrative License Application" Electronic Document (hereinafter referred to as the Acceptance Decision), designate an appraisal institution, and transfer the relevant materials to the designated appraisal institution within 5 working days.

3.3.2  Correction

After receiving the application materials, if the application materials are incomplete or do not meet the legal requirements, the licensing authority shall inform the applicant of all the contents that need to be corrected within 5 working days, and issue a "Notice on Correction of Application Materials for Special Equipment Administrative License" (hereinafter referred to as the Correction Notice). Failure to inform within the time limit shall be deemed as acceptance.

3.3.3  Rejection

After receiving the application materials, the licensing authority shall, in any of the following circumstances, issue a "Decision on Non-Acceptance of Special Equipment Administrative License" (hereinafter referred to as the Non-Acceptance Decision) to the applicant unit within 5 working days:

(1) The application project is not within the scope of special equipment licensing.

(2) Concealing relevant information or providing false application materials is discovered.

(3) Illegal or irregular acts involving special equipment are discovered or suspected of being responsible for special equipment accidents and is under investigation.

(4) The license has been revoked by law, and less than three years have passed since the revocation of the license.

3.3.4   Application for Change

If the applicant's application has been accepted, and before the appraisal, the applicant wishes to change the "unit name", "address", "manufacturing address", "office address", "equipment category ( variety)" or "license level", a new application should be submitted, or a certificate of consent to change should be issued by the original licensing (accepting) authority.

3.4 Appraisal

(1) The applicant shall prepare trial design documents or trial manufacturing, installation, and repair prototypes (samples) according to the requirements of Appendix B to Appendix L of these rules. The prototypes (samples) shall pass self-inspection and the materials shall be complete.

(2) The applicant shall submit the quality assurance manual and other relevant materials to the appraisal institution before the appraisal.

(3) After receiving the relevant materials, the appraisal institution shall, within 20 working days after acceptance arrange implementation of the appraisal (except for those where the applicant requests a postponement in writing) and inform the applicant of the appraisal date and requirements in writing ;

(4) The appraisal institution shall conduct the appraisal in accordance with the prescribed procedures and requirements, and issue and submit the appraisal report.

If online application cannot be implemented due to special circumstances, The appraisal work ( including the rectification time) shall be completed within 1 year from the date of issuance of the "Acceptance Decision" (for re-licensing appraisal, it shall be completed within 3 months from the date of issuance of the "Acceptance Decision")

3.5 Examination, Issuance of Certificates, and Announcement

3.5.1  Examination and Issuance of Certificates

After receiving the materials submitted by the appraisal institution, the licensing authority shall within 3 0 working days, review the appraisal materials. If the conditions for issuing the certificate are met, the corresponding license shall be issued to the applicant; if the conditions for issuing the certificate are not met, a "Decision on Non-Issuance of Administrative License for Special Equipment Manufacturing Units" ( hereinafter referred to as the Non-Issuance Decision) shall be issued to the applicant.

3.5.2  License Information

(1) The "People's Republic of China Special Equipment Manufacturing Unit License" shall specify the unit name, unit address, manufacturing address ( only applicable to manufacturing unit licenses), office address (only applicable to installation and repair unit licenses), licensed projects (design, manufacturing, installation, modification, repair), licensed equipment (equipment type, category, variety), license level and parameters, licensing authority, date of issuance and validity period, etc.;

(2) The "People's Republic of China Mobile Pressure Vessel ( Cylinder) Filling License" shall specify the filling unit name, unit address, filling address, licensed equipment (equipment variety, filling medium category, filling medium name), licensing authority, date of issuance and validity period, etc.;

(3) The license includes one original and one copy each. The licensing authority shall create conditions for issuing electronic licenses (approval certificates).

3.5.3   Announcement

Units that have obtained licenses ( The following are collectively referred to as licensed units, and their licensing information is uniformly announced to the public by the issuing authority.

3.6 License Item Addition, Change, and Renewal

3.6.1  License Item Addition

3.6.1.1  Meaning of Item Addition

License item addition refers to the following situations occurring within the validity period of the license:

(1) Adding licensed items;

(2) Raising the license level;

(3) Adding manufacturing addresses.

3.6.1.2  Procedures and Requirements for Item Addition

(1) When a licensed unit needs to add an item, it should submit an application for license item addition to the issuing authority. The procedures and requirements for item addition application, acceptance, appraisal and review, issuance of certificates, and announcement shall be handled in accordance with Articles 3.2 to 3.5 of these Rules;

(2) For only adding manufacturing addresses, prototypes are not required during appraisal and review; only the resource conditions and quality assurance system will be reviewed.

3.6.2  License Change

3.6.2.1  Meaning of Change

License change refers to the following situations occurring within the validity period of the license:

(1) Change of unit name;

(2) Change of name of residence, manufacturing address, office address, and filling address ( hereinafter referred to as address name change);

(3) Relocation of residence, manufacturing address, office address, and filling address ( hereinafter referred to as address relocation).

3.6.2.2  Change of Unit Name and Address Name Change

If a licensed unit changes its unit name or address name, it should, within 30 working days after obtaining a new business license issued by the market supervision and administration department, submit an application for license change to the original issuing authority and submit the following materials:

(1) Application Form for Change of Special Equipment License ( Approval) (one original copy);

(2) Original license certificate ( original copy);

(3) Business licenses before and after the change ( copy with the unit seal);

(4) Other materials that need to be explained.

The issuing authority shall make a decision on whether to approve the change within 2 0 working days from the date of receipt of the change application materials. If the change application materials meet the requirements, a new certificate will be issued; if they do not meet the requirements, the applicant unit will be notified in writing with reasons.

3.6.2.3  Address Relocation

(1) If the address of a licensed unit is relocated within the jurisdiction of the original issuing authority, it should, within 30 working days after obtaining a new business license issued by the market supervision and administration department, submit an application for license change to the original issuing authority in accordance with the requirements of Article 3.6.2.2 of these Rules, submit relevant materials, and handle the change procedures;

(2) If the address of a licensed unit is relocated outside the jurisdiction of the original issuing authority, it should, within 30 working days after obtaining a new business license issued by the market supervision and administration department, handle the license cancellation procedures with the original issuing authority and submit a license application to the issuing authority in the jurisdiction of the new address. The relevant license procedures and requirements shall be implemented in accordance with Articles 3.2 to 3.5 of these Rules; for design, installation, repair, and filling units relocating their addresses, trial design documents and prototypes (samples) are not required.

3.6.2.4  Special Provisions for Head Office and Branches

Head office ( branch) needs to undertake the business within the scope of approval of the branch (head office) and no longer conducts the corresponding licensed activities in the name of the original licensed branch ( head office), it may submit an application for license change to the original issuing authority and submit the following materials:

(1) Application Form for Change of Special Equipment License ( Approval) (one original copy);

(2) Original license certificate ( original copy);

(3) Business licenses of the head office and branch ( copy with the unit seal);

(4) the branch undertaking the business Head office ( branch) Statement that the corresponding license conditions are met;

If online application cannot be implemented due to special circumstances, Statement that the original licensed branch ( head office) no longer conducts the corresponding licensed activities;

(6) Other materials that need to be explained.

The issuing authority shall review the submitted materials. If they meet the requirements, the issuing authority shall cancel the license of the original licensed branch ( head office) and issue or reissue a license to the branch undertaking the business Head office ( and promptly arrange for supervision and inspection after obtaining the certificate; if the issuing authority deems it necessary to conduct appraisal and review, it shall be handled in accordance with the relevant provisions of Articles 3.2 ~3.5. Scope and Validity Period of New License

3.6.2.5  After the license change, the scope and validity period of the new license shall be implemented in accordance with the original license. The original license shall be retrieved by the original issuing authority.

License Renewal

3.6.3  If a licensed unit needs to continue engaging in the corresponding activities after the validity period of its license expires, it should, before the expiration date of its license

3.6.3.1  General Requirements

(1) 6 months (but not more than 12 months), submit an application for license renewal (referred to as certificate replacement in these Rules) to the issuing authority; The procedures and requirements for certificate replacement shall be handled in accordance with the relevant provisions of Articles 3.2

(2) ~3.5 and the corresponding appendices; if there is corresponding licensed project performance during the certificate holding period, prototypes (samples) are not required. Self-Declaration Commitment for Certificate Replacement

3.6.3.2  Before the expiration of its license certificate, a licensed unit may apply for direct certificate replacement through self-declaration commitment. For production units that have not been subject to administrative penalties, liability accidents, quality and safety problems, and unresolved quality complaints during the previous license cycle and have corresponding production performance, they may apply to the issuing authority for exemption from appraisal and review and direct certificate replacement by submitting a self-declaration commitment letter stating that they continue to meet the license requirements.

持证单位在其许可证书有效期满前,可申请采取自我声明承诺的方式直接换证。对于换证前一个许可周期内未发生行政处罚、责任事故、质量安全问题和质量投诉未结案等情况并且具有相应生产业绩的生产单位,可通过提交持续满足许可要求的自我声明承诺书等材料向发证机关申请免鉴定评审直接换证。

A license exemption review and renewal can be applied for once every two consecutive licensing cycles.

3.6.3.3  License Validity Period

(1) For those who complete the renewal process within the stipulated timeframe, the validity period of their renewed license will be calculated from the expiration date of the original license;

(2) If renewal is not completed by the expiration date of the license, the original license will become invalid, and the applicant may not engage in the corresponding activities. The validity period of the renewed license will be calculated from the date of issuance of the license.

3.6.3.4   Handling of Failure to Renew License as Required

Failure to submit a renewal application within the time limit specified in 3.6.3.1 of these rules will not be accepted. If the original licensee needs to continue engaging in the relevant licensed activities, it will be handled as a first-time licensing application.

3.6.4  Extension Renewal

If a manufacturing unit needs to postpone license renewal due to restructuring or relocation of the approved manufacturing site before the expiration of its license, it should submit an application to the licensing authority 3 months in advance Extension for license renewal and fill out the "Special Equipment License (Approval) Certificate Change Application Form." When applying, relevant documents from government departments (or superior authorities) approving the restructuring or relocation should be submitted as attachments.

After approval, Extension renewal is possible, Extended Validity Period not exceeding 1 year. The licensing authority will issue a license with an extended validity period. Extension For units that pass the renewal process before the expiration, the validity period of the renewed license should deduct Extension the time of the Extension period. The validity period of the newly issued license will still be calculated according to the

3.6.5  Reissuance of License

3.6.5.1  Reissuance Application

Licensees should properly keep the license certificate. If the license certificate is lost or damaged, an application for reissuance of the license should be submitted to the licensing authority and the following materials should be provided:

(1) Application Form for Change of Special Equipment License ( Application Form for Reissuance of (Approval) Certificate;

(2) Business License ( copy, stamped with the company seal).

3.6.5.2   Reissuance Decision

The licensing authority should make a decision on whether to grant reissuance within 10 working days of receiving the application. If the conditions are met, a new license will be issued, with the certificate number and validity period remaining unchanged; if the conditions are not met, the applicant should be notified in writing with reasons.

Appendix

4.1 Interpretation Authority

These rules shall be interpreted by the State Administration for Market Regulation.

4.2 Effective Date

These rules shall come into effect from 201X year X month X. The following documents regarding licensing procedures, conditions, and requirements are hereby repealed:

(1) Notice on the Issuance of "Licensing Conditions for Boiler and Pressure Vessel Manufacturing," "Licensing Procedures for Boiler and Pressure Vessel Manufacturing," and "Rules for Safety Performance Supervision and Inspection of Boiler and Pressure Vessel Products" ( GJQZGB[2003]194);

(2) Licensing Rules for Electromechanical Special Equipment Manufacturing ( Trial Implementation) (GJQZGB[2003]174);

(3) Licensing Rules for Installation, Modification, and Repair of Electromechanical Special Equipment ( Trial Implementation) (GJQZGB[2003]251);

(4) Licensing Rules for Pressure Vessel and Pressure Pipeline Design (TSG R1001-2008)

If online application cannot be implemented due to special circumstances, Licensing Rules for Pressure Pipeline Component Manufacturing (TSG D2001-2006)

(6) Licensing Rules for Pressure Vessel Installation, Modification, and Repair (TSG R3001-2006)

(7) Licensing Rules for Pressure Pipeline Installation (TSG D3001-2009)

(8) Licensing Rules for Mobile Pressure Vessel Filling (TSG R4002-2011)

(9) Licensing Rules for Cylinder Filling (TSG R4001-2006)

(10) Basic Requirements for Quality Assurance System of Special Equipment Manufacturing, Installation, Modification, and Repair (TSG Z0004-2007)

(11) Detailed Rules for Identification and Review of Special Equipment Manufacturing, Installation, Modification, and Repair Licenses (TSG Z0005-2007)

(12) Safety Technical Supervision Regulations for Safety Valves (TSG ZF001-2006)

(13) Safety Technical Supervision Regulations for Burst Disc Devices (TSG ZF003-2011)

(14) Boiler Installation and Modification Supervision and Management Rules for Units (TSG G3001-2004)

For other notices and documents related to the licensing of special equipment manufacturing units, if their requirements are inconsistent with these rules, these rules shall prevail.