MEASURES FOR THE ADMINISTRATION ON WORK SAFETY OF COMPLETE FOREIGN AID PROJECTS (FOR TRIAL IMPLEMENTATION)

The Measures for the Administration on Work Safety of Complete Foreign Aid Projects (For Trial Implementation) have been adopted upon deliberation at the 5th executive meeting of the Ministry of Commerce of the People's Republic of China on May 17, 2006. They are hereby promulgated and shall enter into force as of October 1, 2006. Minister of the Ministry of Commerce: Bo Xilai

Measures for the Administration on Work Safety of Complete Foreign Aid Projects (For Trial Implementation) Chapter I General Rules

For the purpose of strengthening the administration on work safety of complete foreign aid projects and safeguarding the life safety of technicians and related persons for foreign aid projects and the property safety of foreign aid projects, the present Measures are constituted under the related laws and administrative regulations.

The supervision over and administration on work safety during the survey, design, construction and supervision of complete foreign aid projects shall be subject to the present Measures.

The term "complete foreign aid projects (hereinafter referred to as foreign aid projects)" as mentioned in the present Measures refers to the various kinds of projects under which the government of our country provides gratuitous assistance, interest-free loans, low-interest loans or any other financial assistance funds to the government of the aid recipient, chooses the undertaking enterprises for survey and design, provides construction machines, equipments and materials, assigns engineering technical staff, and undertakes or guides the whole process or some stages of construction, installation or trial production within the territory of the recipient.

The administration on work safety of foreign aid projects shall be subject to the policies of "safety first and precaution as the key".

The Ministry of Commerce shall be responsible for constituting rules for the work safety of foreign aid projects and supervising over the implementation of the aforesaid rules.

Survey and design enterprises, design supervision enterprises, construction enterprises and construction supervision enterprises which undertake the foreign aid projects (hereinafter referred to as the enterprises undertaking foreign aid projects), shall observe all the provisions in the present Measures and the local laws and regulations on work safety constituted by the related aid recipient, ensure the safety of foreign aid projects, bear the safety liability for foreign aid projects, and may not contract out or illegally subcontract foreign aid projects.

If the subcontracting of a project is approved by the Ministry of Commerce, the enterprise undertaking the foreign aid project and the subcontracting enterprise shall bear joint and several liabilities for the work safety of the subcontracted project.

Survey and design enterprises of foreign aid projects shall, in accordance with laws, administrative regulations and compulsory standards of the State on the survey of projects, survey the foreign aid projects. And the project survey documents they provide shall be true and accurate, and shall meet the requirements for the work safety of foreign aid projects.

The survey and design enterprise of a foreign aid project shall, when it conducts a survey, strictly accord with the operational rules for the survey, and take measures to ensure the safety of various pipelines, facilities and surrounding buildings and structures.

When designing a foreign aid project, the survey and design enterprise of a foreign aid project shall undertake the project design under the stipulations in the project establishment agreement, project survey documents and the design contract for the foreign aid project signed between the governments. Unless it is otherwise specially stipulated with the aid recipient, the survey and design enterprise of a foreign aid project shall strictly accord with the laws, administrative regulations, design rules and compulsory standards of the State on engineering construction projects to avoid the occurrence of work safety accidents by virtue of unreasonable design.

As regards a hidden project, main structure or any other key part of a significant foreign aid project or the structural design scheme for a special foreign aid project, the survey and design enterprise of the foreign aid project shall conduct a model safety test.

As regards the maintenance, rebuilding or expanding (including the dismantlement) of a project, the survey and design enterprise of the foreign aid project shall make out appraisal documents on the structural safety of the original building or structure.

If a new technology, new technique or new material is adopted for the deign of a foreign aid project, the survey and design enterprise of the foreign aid project shall ensure the reliability and safety of the technology, technique or material involved, and bring forward suggestions on the measures for safeguarding the safety of construction workers and defending the occurrence of work safety accidents in the design.

The survey and design enterprise of a foreign aid project must constitute a special safety chapter in the preliminary deign or the design instruction of the construction drawings for the foreign aid project.

the safety protection measures for the constructions, structures, underground pipelines and facilities adjacent to the construction site;

the protection articles and appliances, construction machine and tools, fire control facilities and equipments necessary for safe construction, and the necessary specific technical requirements; and

the safety technical measures for the part of project or the sub-project that is fairly dangerous or the part or link of construction site at which a work safety accident is likely to occur.

In accordance with the laws, administrative regulations and compulsory standards of the State on the supervision over projects, the design supervision enterprise of a foreign aid project and the supervisors it assigns shall examine the project survey documents submitted by the survey and design enterprise of the foreign aid project, and affirm whether they can satisfy the requirements for work safety of the foreign aid project.

The project survey documents, which have not been examined or are found to be unqualified upon examination, may not be the basis for the design of the foreign aid project.

In accordance with the laws, administrative regulations, design rules and compulsory standards of the State on the engineering construction projects, the design supervision enterprise of a foreign aid project and the supervisors it assigns shall strictly control the safety guarantee degree and design quality of the design documents on the foreign aid project through step-by-step design inspection and process supervision.

The design supervision enterprise of a foreign aid project and the supervisors it assigns shall, during the process of step-by-step design inspection, undertake special safety inspection on the design documents for the foreign aid project.

examining the safety of structure design: if a model safety test has been conducted, it is necessary to examine and affirm the safety test result; if the structure design scheme is not reliable or the model safety test has not been conducted according to the provisions, it is necessary to supplement the model safety test and to examine and affirm the safety test result; and as regards the maintenance, rebuilding or expanding (including the dismantlement) of a project, it is necessary to go through the inspection and affirmation procedure for structure safety appraisal documents on the original building or structure;

examining whether or not all the professional design contents comply with the compulsory standards for engineering construction project; and

examining the reliability and effectiveness of the safety technical measures for the part of project or the sub-project that is fairly dangerous.

As regards a foreign aid project for which such two design stages as the preliminary design and the project drawing design are implemented, the design supervision enterprise of the foreign aid project shall undertake a special safety inspection at the inspection stage for preliminary design. And if the preliminary design fails to pass the special safety inspection or is found to be unqualified upon special safety inspection, the project drawing design may not be started.

The design supervision enterprise of the foreign aid project shall, after the project drawing design is completed, undertake a corresponding review of the special safety inspection contents at the stage for reviewing the project drawing. Any project drawing design document that fails to be reviewed or is found unqualified upon review may not be used for the construction of the foreign aid project.

As regards a foreign aid project for which the one-step project drawing design is implemented, the design supervision enterprise of the foreign aid project shall conduct a special safety inspection after the project drawing design is finished. Any project drawing design document that fails to be submitted for a special safety inspection or is found unqualified upon special safety inspection may not be used for the construction of the foreign aid project.

As regards a foreign aid project for which the design supervision system has not been implemented, the consultancy enterprise entrusted to undertake the step-by-step survey and design consultancy task shall conduct the special safety inspection into the survey and design documents on the foreign aid project by referring to the present Chapter, and bear the safety responsibilities in accordance with the present Measures.

If an enterprise has obtained the qualification of a foreign aid construction enterprise through verification of the Ministry of Commerce in accordance with the measures for the verification of qualifications of the enterprises undertaking the construction task for complete foreign aid projects, it shall undertake the construction task of foreign aid projects within the licensing scope of its qualification degree, be equipped with necessary professional technical staff and technical equipments, constitute the bylaws and operational rules on work safety, organize education and training on work safety and ensure the work safety of foreign aid projects.

The construction enterprise of a foreign aid project shall establish a work safety responsibility system, and its legal representative shall be comprehensively responsible for the work safety of the foreign aid project.

The construction technical group leader assigned by the construction enterprise of a foreign aid project shall have the corresponding qualification of a project manger, and take charge of the safe construction at the construction site of the foreign aid project.

The construction enterprise of a foreign aid project shall establish a work safety management organ in the construction technical group, establish a work safety leading group with the construction technical group leader as the leader of the group, constitute bylaws and operation rules on work safety and the emergency tackling scheme for safety accidents, and shall be comprehensively responsible for the safe construction at the construction site.

At least one safety director shall be equipped in a construction technical group. In case a construction technical group has 15 or less members, it may have a part-time safety director; and in case a construction technical group has more than 15 members, it must have a full-time safety director.

supervising over the implementation of bylaws and operation rules on work safety;

organizing the implementation of emergency rescuing schemes on work safety accidents;

setting and managing safety warning signs and fire control safety signs at the construction site; and

conducting regular and special safety inspections. In case he finds any act against the bylaws or operation rules on work safety, he shall deter or correct it on the spot, and immediately report it to the construction technical group leader, take related rectification measures, and simultaneously do a good job in making records of the safety inspection.

A safety director shall, before he takes his post, accept special trainings on the administrative rules for foreign aid and the standards for implementing the national professional health and safety management system.

Under the guidance of the construction organization and design for the foreign aid project, the construction enterprise of a foreign aid project shall undertake construction strictly according to the laws and administrative regulations of the State on the engineering construction projects, the rules and the compulsory standards for construction inspection and acceptance.

The construction enterprise of a foreign aid project and its construction technical group shall, in light of the characteristics of the project, constitute a temporary electricity-using scheme for the construction site during the construction organization and design; as regards the following part of project or sub-project that is fairly dangerous or the part or link at which a work safety accident is likely to occur, a special safe construction schedule shall be constituted before the construction and be attached with the safety assessment result. and the construction enterprise of the foreign aid project shall organize experts to make demonstration and inspection when necessary:

The aforesaid temporary electricity-using scheme and special safe construction scheme shall be examined by the construction technical group leader and then be reported to the construction supervisors for examination and approval. Any temporary electricity-using scheme or special safe construction scheme that has not been examined and approved may not be used for the construction of the foreign aid project.

Before the construction, the construction enterprise of a foreign aid project and its construction technical group shall organize the transfer of safe construction technological details, explicitly explain the technical requirements for safe construction to the operation staff, and initiatively well record the transfer of technological details; as regards the part of project or sub-project that is fairly dangerous or the part or link at which a work safety accident is likely to occur, the construction enterprise of a foreign aid project and its construction technical group shall transfer the safe construction technological details together with the design representatives and construction supervisors, and jointly record the related matters into the summary on transfer of technological details.

The construction enterprise of a foreign aid project and its construction technical group shall establish a qualification management system for special operators. The construction enterprise and its construction technical group shall strictly examine the special qualification certificates of the special operators that engage in the operation of vertical transportation machines, installation and dismantlement, blasting, hoisting informing and high-rise frameworks and etc., and establish management archrivals for corresponding special operators.

A special operator may not take on his post for operations until the construction supervisor verifies his technical qualification.

The construction enterprise of a foreign aid project and its construction technical group shall establish the following special management system for special equipments such as vertical transportation machines, hoisting machines and self-erecting facilities:

before purchasing or leasing any special equipment, an inspection and testing institution with the corresponding qualification shall be entrusted to make safety inspection or testing and issue an inspection and testing conformity certificate, which shall be submitted to the construction supervisors for inspection and reference when the special equipment enters into the construction site;

the special equipment may not, after it has been installed and debugged, be used until it is inspected and accepted and is found to be qualified by the construction supervisors, and a conformity sign upon inspection and acceptance shall be placed at or attached to an eye-catching site of the aforesaid equipment;

the special equipment shall be managed by special persons, be regularly inspected and maintained, and a maintenance managing archive shall be established therefor during the process of construction;

if the special equipment needs to be used continuously after the conformity period upon inspection and acceptance expires, the records of operation and maintenance of the aforesaid equipment shall be provided to the construction supervisors for applying for a supplementary inspection and acceptance. And the aforesaid equipment may not be continuously used until it is found to be qualified upon the supplementary inspection and acceptance by the construction supervisors.

The construction enterprise of a foreign aid project and its construction technical group shall take the following safety protection measures for the operational staff at the construction site:

conducting regular education and training on work safety to the operation staff at the construction site;

purchasing, leasing and using the safety protection appliances and articles, construction machines and tools that are produced by a qualified manufacturer and have product conformity certificates, in light of the compulsory standards of the State and the special requirements of project design documents, and conducting necessary inspections before putting the aforesaid safety protecting appliances into use at the construction site;

arranging special persons for the management of safety protection appliances, and establishing a ledger for the distribution of safety protection appliances;

setting up an inspection and maintenance responsibility system for construction machines and tools, and arranging special persons-in-charge; and

setting eye-catching safety warning signs at the entrances and exits of the construction site and at the sites for placing construction cranes, interim electricity-using facilities, scaffolding, explosives, harmful and dangerous gas and other dangerous sites. The safety warning signs shall be written both in Chinese and in the official language of the recipient, and accord with the standards of China and the recipient unless it is otherwise specially stipulated with the aid recipient.

The construction enterprise of a foreign aid project and its construction technical group shall set up a fire control responsibility system for the construction site, determine the person-in-charge of fire control, and constitute the fire control management rules and operation rules for using the fire, electricity and flammable and explosive materials. The construction enterprise of a foreign aid project and its construction technical group shall build channels and water sources for fire control, have fire control facilities and extinguishing apparatus the operation area at the construction site, offices and living areas, and establish fire control safety signs at the entrances to all the areas. The fire control safety signs shall be written both in Chinese and the official language of the recipient, and accord with the standards of China and the recipient unless it is otherwise specially stipulated with the aid recipient,.

The construction enterprise of a foreign aid project and its construction technical group shall undertake regular and specific fire control inspections, and well record the fire control inspections.

The construction enterprise of a foreign aid project and its construction technical group shall rationally choose the site and establish temporary production and living facilities in light of the safety requirements. The offices, living area and operation area at the construction site shall be established separately and keep a safe distance from each other. It shall be strictly forbidden to establish any collective staff dormitories within the building that has not been completed; the places for the operation staff to have meals, drink water and have a rest shall accord with the health standards; and the fabricated movable houses used at the construction site shall have product conformity certificates.

During the construction and management of the foreign aid project, the construction enterprise of a foreign aid project and its construction technical group shall strictly accord with the national professional health safety management system and standards, constitute and implement the professional health safety guarantee scheme, continuously adopt the identification, risk assessment and risk control measures for the sources of safety dangers to the professional health, and voluntarily be subject to the monitoring, step-by-step inspection and supervision by the Ministry of Commerce over its implementation of the standards.

The construction supervision enterprise of a foreign aid project shall accord with the laws, administrative regulations and compulsory standards of the State on the related engineering construction projects, fulfill the construction supervisory duties, and supervise over the construction enterprise of the foreign aid project to intensify the work safety management, put into effect the work safety measures and regulate the work safety order.

If the construction supervision enterprise of a foreign aid project finds any hidden trouble of safety accident during the process of construction supervision, it shall require the construction enterprise of the foreign aid project to make corrections; it shall order the construction enterprise of the foreign aid project to suspend the construction and report it to the Ministry of Commerce in a timely manner in case the circumstances are serious. If the construction enterprise of the foreign aid project refuses to make corrections or suspend the construction, the construction supervision enterprise shall report it to the Ministry of Commerce in a timely manner.

The construction supervision enterprise of a foreign aid project shall constitute and carry out the Construction Supervision Outline in light of the project design documents and the rules for construction inspection and acceptance.

A special charter on the safety supervision plan for the foreign aid project shall be made in the Construction Supervision Outline, so that the safety prevention and monitoring measures may be constituted in advance for the part of project or sub-project that is fairly dangerous or the part or link at which a work safety accident is likely to occur.

In accordance with the prescribed procedures, the construction supervision enterprise of a foreign aid project and the construction supervisors it assigns shall supervise over the construction enterprise of the foreign aid project to constitute, amend, report for approval and carry out all the bylaws constituted by the construction organization, and strictly examine the interim electricity-using scheme and special safe construction scheme as submitted by the construction enterprise of the foreign aid project.

The construction supervision enterprise of a foreign aid project and the construction supervisors it assigns shall strictly observe the rules for construction supervision, conduct standby supervision over the part of project or sub-project that is fairly dangerous or the part or link at which a work safety accident is likely to occur, find hidden troubles of safety and guide to make corrections in a timely manner.

The construction supervision enterprise of a foreign aid project and the construction supervisors it assigns shall strictly examine the qualification certificates of special operation staff for engaging in the mechanical vertical transportation, installation and dismantlement, blasting, hoisting signaling, high-rise frameworks and etc., and supervise over the construction enterprise to carry out the qualification management system for special operation staff.

The construction supervision enterprise of a foreign aid project and the construction supervisors it assigns shall examine the inspection and testing conformity certificates of such special equipments as vertical transportation machines, hoisting machines and self-erecting facilities and etc., be responsible for the inspection and acceptance before putting them into use, and supervise over the construction enterprise to carry out the management system for special equipments.

The construction supervision enterprise of a foreign aid project and the construction supervisors it assigns shall regularly conduct special inspections on the safety protection measures and fire control safety measures for the construction site, and well make records of inspections.

In accordance with the related provisions, the construction enterprise of a foreign aid project shall purchase the personal accident injury insurance for those Chinese it assigns abroad to undertake the construction of foreign aid projects. And the fees necessary for the aforesaid insurances shall be borne by the construction enterprise of the related foreign aid project.

The construction enterprise of a foreign aid project shall purchase personal accident injury insurance for the engineering technical personnel of the aid recipient it hires for entering into the construction site to engage in dangerous work. The accident injury insurance liabilities and the insurance conditions shall be determined in accordance with the related laws and regulations of the recipient, and the fees necessary for the aforesaid insurances shall be borne by the construction enterprise of the related foreign aid project.

An appraisal entity that is entrusted by the Ministry of Commerce and has the corresponding qualification shall, when undertaking the mid-term quality inspection and completion-based inspection and acceptance, conduct special assessment on the work safety situation of the foreign aid project.

where any common work safety accident as prescribed in the present Measures has occurred during the construction of the foreign aid project, the single engineering involved in the work safety accident may not be appraised as the grade of "excellence";

Where two or more work safety accidents have occurred during the construction of the foreign aid project, the completion-based inspection and acceptance of the foreign aid project may not be appraised as the grade of "excellence"; and

Where any severe or more severe work safety accident as prescribed in the present Measures has occurred during the construction of the foreign aid project, the single engineering involved in the work safety accident may not be appraised as the grade of "excellence", and the completion-based inspection and acceptance of the foreign aid project may not be appraised as the grade of "excellence".

As regards significant foreign aid projects, the Ministry of Commerce shall assign a supervision and inspection team containing related experts to supervise and inspect the fulfillment of work safety management responsibilities on the spot by the construction enterprise, the survey and design enterprise, the construction supervision enterprise and their detached agencies.

As regards important projects and other especially sensitive projects, the Ministry of Commerce may undertake the work safety supervision and inspection in combination with other inspection teams of the project when necessary.

The supervision and inspection team shall be entitled to take the following measures:

consulting all the documents and materials on the work safety of the entity being inspected;

entering the construction site to inspect all the production and living places and facilities;

ordering the removal of the hidden troubles of safety accidents on the spot, and ordering the construction suspension and temporary removal of the operation staff before the hidden trouble of safety is removed or the safety can not be ensured during the process of removal.

The work safety accidents of foreign aid projects can be classified into the following 4 grades in light of the conditions on the death of operation staff and the property loss of the foreign aid project:

Common work safety accidents, which refers to the death of 2 or less persons, or the property loss of 100,000 Yuan up to 300,000 Yuan;

Severe work safety accidents, which refers to the death of 3 up to 9 persons, or the property loss of 300,000 Yuan up to one million Yuan;

Severe work safety accidents, which refers to the death of 10 up to 29 persons, or the property loss of 1 million Yuan up to 3 million Yuan;

Particularly severe work safety accidents, which refers to the death of 30 persons or more, or the property loss of 3 million Yuan or more.

The "on-the-spot operation staff for a foreign aid project" as mentioned in the preceding Paragraph shall include the management and technical personnel of China, the engineering technical personnel of the aid recipient and personnel from the third party.

Where any work safety accident takes place at the construction site of a foreign aid project, the construction technical team, design representatives and construction supervisors shall promptly report it to the business institution of the local embassy (consulate), which shall immediately go to the scene and verify the conditions, and organize the construction technical team, design representatives and construction supervisors to submit a written report on the accident to the Ministry of Commerce.

the time when and the place where the accident occurs, and the entity and persons involved in the accident;

the brief description of the accident, the casualty and the preliminary evaluation of direct economic losses;

the measures adopted after the accident occurs and the conditions on the control of the accident; and

the suggestions on the emergency meeting and rescuing measures for the accident.

The business institution of the local embassy (consulate) shall submit a report on the accident to the Ministry of Commerce within 3 natural days after the accident occurs in case a common work safety accident occurs to a foreign aid project; the business institution of the local embassy (consulate) shall submit a report on the accident to the Ministry of Commerce within 24 hours after the accidents occurs in case a severe or more severe work safety accident occurs; where a specially severe work safety accident occurs, the Ministry of Commerce shall make a notice to related departments within China within 12 hours after it receives the report on the accident submitted by the business institution of the local embassy (consulate), and submit a report on the accident and the suggestion for rescue to the State Council.

Where a work safety accident occurs at the construction site of a foreign aid project, the technical team and related persons on the spot shall, under the uniform commanding of the work safety leading group and the construction supervisors, take all necessary emergency disposing and rescuing measures for the injured and prevent the accident to expand, and shall protect the scene of the accident, draw a brief sketch on the scene of the accident and well record the accident. The business institution of the local embassy (consulate) shall provide prompt and effective assistance to the rescuing work on the scene, and seek for the support of the aid recipient government through diplomatic channels. Where it is necessary, the Ministry of Commerce may adopt other necessary rescuing measures in light of the decision of the State Council together with other related departments of the State.

Any work safety accident that occurs at the construction site of a foreign aid project shall be investigated and disposed in light of the following principles:

As regards a common work safety accident, the Ministry of Commerce shall be responsible for the investigation of the accident, and shall make a disposal decision within 30 natural days as of the receipt of the report on the accident;

As regards a severe or severe work safety accident, the Ministry of Commerce shall organize and hire experts in technical appraisal and loss assessment to form an accident investigation team to be responsible for the investigation of the accident. The accident investigation team shall finish the investigation of the accident within 60 natural days as of the receipt of the report on the accident, and submit an accident investigation report and its disposal opinions to the Ministry of Commerce. As regards any special circumstance, the investigation time may be properly prolonged after the investigation team puts forward a request and the Ministry of Commerce approves it. The accident investigation report shall be implemented upon the reply of the Ministry of Commerce; and

As regards an especially severe work safety accident, the Ministry of Commerce shall request instructions from the State Council, and organize an accident investigation team to be responsible for the investigation of the accident upon the decision of the State Council and together with the related competent departments of the State Council. In general, the accident investigation team shall finish the investigation of the accident within 90 natural days as of the receipt of the report on the accident, and submit an accident investigation report and its disposal opinions to the State Council. The accident investigation report shall be implemented upon the reply of the State Council.

The investigation and disposal of work safety accidents of foreign aid accidents shall be subject to the following procedures:

conducting personal inspection on the scene of the accident, and collecting material evidences;

inquiring about the parties involved in the accident, and collecting testimonies of witnesses;

drawing investigation and disposal conclusions, and submitting an accident investigation report.

An investigation report on the work safety accident of a foreign aid project shall contain:

general conditions on the entity where the accident occurs, the course of the accident and the rescuing conditions;

disposal opinions about the accident and the persons responsible for the accident; and

If the survey and design enterprise of a foreign aid project acts against Chapter II or VI of the present Measures when making survey and design of the foreign aid project, the Ministry of Commerce shall order it to make corrections within a time limit and impose a fine of no more than 30,000 Yuan on it; in case any loss is incurred, the said enterprise shall bear the liability of compensation; in case the said enterprise fails to make corrections within the time limit, or is directly responsible for a common, severe or more severe work safety accident in which personnel casualty is incurred, the Ministry of Commerce shall give a warning to it, and may not entrust it for the survey and design of foreign aid projects within 3 up to 5 years after the administrative punishment takes effective, and shall report the punishment to the related competent departments of the State Council.

If the design supervision enterprise of a foreign aid project acts against Chapter III or VI of the present Measures, the Ministry of Commerce shall order it to make corrections within a time limit and may impose a fine of less than 30,000 Yuan on it; in case any loss is incurred, the said enterprise shall bear the liability of compensation; in case the said enterprise fails to make corrections within the time limit, or is responsible for a common or severe work safety accident in which personnel casualty is incurred, the Ministry of Commerce shall give a warning to it, and may not entrust it for consultancy for foreign aid projects within 2 up to 4 years after the administrative punishment takes effect, and in case the circumstances are serious, the Ministry of Commerce may not entrust it for consultancy and survey and design for foreign aid projects within 2 up to 4 years after the administrative punishment takes effective and shall report the punishment to the related competent departments of the State Council.

If a consulting enterprise conducting special safety inspections in accordance with Article 14 of the present Measures acts against Articles 9 to 13 or Chapter VI of the present Measures, it shall be subject to legal liabilities as prescribed in Articles 47 and 51.

If the construction enterprise of a foreign aid project acts against Chapter IV or VI of the present Measures, the Ministry of Commerce shall order it to make corrections within a time limit and may impose a fine of less than 30,000 Yuan on it; in case any loss is incurred, the said enterprise shall bear the liability of compensation; in case the said enterprise fails to make corrections within the time limit, or is directly responsible for a common, severe or more severe work safety accident in which personnel casualty is incurred, the Ministry of Commerce shall give a warning to the said enterprise, and shall report the punishment to the related competent departments of the State Council.

The construction enterprise of a foreign aid project that shall be subject to administrative punishment will automatically lose the qualification as a construction enterprise undertaking complete foreign aid projects according to the measures for the accreditation of qualifications of construction enterprises undertaking complete foreign aid projects.

If the construction supervision enterprise of a foreign aid project acts against Chapter V or VI of the present Measures, the Ministry of Commerce shall order it to make corrections within a time limit and may impose a fine of less than 30,000 Yuan on it; in case any loss is incurred, the said enterprise shall bear the liability of compensation; in case the said enterprise fails to make corrections within the time limit, or is responsible for a common or severe work safety accident in which personnel casualty is incurred, the Ministry of Commerce shall give a warning to it, and may not entrust it for the construction supervision of foreign aid projects within 2 up to 4 years after the administrative punishment takes effective; and in case the said enterprise shall be responsible for an especially severe or more severe work safety accident in which personnel casualty is incurred, the Ministry of Commerce shall give a warning to the said enterprise, and may not entrust it for the construction supervision of foreign aid projects within 5 up to 6 years after the administrative punishment takes effective, and shall report the punishment to the related competent departments of the State Council.

If the construction enterprise of a foreign aid project acts against the present Measures and causes a work safety accident in which no death occurs but personal injury has resulted, the Ministry of Commerce may, in light of the circumstances, give it a warning, impose a fine of less than 30,000 Yuan on it, may not entrust it to undertake foreign aid projects within 1 up to 4 years after the administrative punishment takes effective, and shall report the punishment to the related competent departments of the State Council.

If any work safety accident occurs to a foreign aid project because of the violation of the present Measures, the Ministry of Commerce can impose a fine of less than 30,000 Yuan on the persons directly responsible; if the main principal for the entity where the said persons directly responsible work or the person-in-charge of the project fails to fulfill the work safety management duties according to the present Measures, the Ministry of Commerce shall impose a fine of less than 30,000 Yuan on it, and simultaneously suggest his entity or the qualified higher competent department to give him an administrative sanction.

If any supervisor or special operator fails to accord with any of the laws, administrative regulations or compulsory standards, the Ministry of Commerce shall impose a fine of less than 30,000 Yuan upon him, and report the punishment to the related competent departments of the State Council.

Where any functionary of the Ministry of Commerce abuses his powers, engages in malpractice for private benefits, neglects his duties, seeks for properties of others or illegally accepts the properties of others and strives for interests for others by means of taking advantage of his post during the process of supervision over the work safety of foreign aid projects or the investigation of work safety accidents, if a crime is constituted, he shall be subject to criminal liabilities; and in case a crime is not constituted, he shall be given an administrative sanction.

The "construction enterprises of foreign aid projects" as mentioned in the present Measures shall include the subcontracting enterprises.

The "important foreign aid projects and significant foreign aid projects" as mentioned in the present Measures shall be specifically determined by the Ministry of Commerce on the basis of the investment scale and engineering characteristics and in light of the Classification Charts for Foreign Aid Projects.

The implementation and administration of foreign aid projects shall be subject to the existing related provisions of the Ministry of Commerce.

The Ministry of Commerce shall be responsible for interpreting the present Measures.

Main Characteristics of the Project		Examples for Illustration of the Scope of the Project	Scale of the Project
			With an investment amount of less than 30 million Yuan or less, or the construction area of less than 3000 �O,or the road length of less than 20 km	With an investment amount of 30 million Yuan up to 80 million Yuan, and the construction area of 3000 �Oup to 10000 �O, and the road length of 20 km up to 50 km	With an investment amount of 80 million Yuan or more, and the construction area of 10000 �Oor more, and the road length of 50 km or more
I	1. high-ranking and large-scale public buildings that are listed as key projects of the aid recipient country or are mainly used for international activities	Office of the President, state guest houses, national meeting halls, international convention centers, stadiums, international trade centers, large-scale air-ports, office buildings of the government, buildings of important historical commemoration, large-scale libraries, museums, art galleries, theaters, concert halls, municipal works with fairly complex technical complex technical requirements, roads and bridges projects, factories, civil aviation facilities, railways, water conservancy and hydropower projects, hospitals, etc.	Key projects	Significant projects	Significant projects
	2. Historic landmark buildings
	3.Engineering projects related to the people's lives and property safety of the aid recipient country
	4. Engineering projects with complex technical requirements or fairly high standards (such as fairly high seismic requirements, fire safety requirements, defense requirements, etc.)
II	1.Public buildings that are mainly used for domestic activities of the aid recipient country	Hotels, guest houses, villas, teaching buildings, schools, integrated buildings, small hospitals, nursing homes, medical technology buildings, gymnasia , railway stations, shipping stations, air terminals, studios, telecommunication buildings, restaurants and municipal projects, roads, bridges, factories, civil aviation facilities, railways, water conservancy and hydropower projects, hospitals, large-scale maintenance projects, etc. with simple technical requirements	Key projects	Key projects	Significant projects
	2. Projects with a regional impact
	3.Engieering projects or maintenance projects with fairly complex technical requirements
III	1. Engineering projects with simple functions and simple technical requirements	��	Common Projects	Key projects	Key projects
	2. Supporting works for main projects or maintenance projects

Laws of the People's Republic of China

MEASURES FOR THE ADMINISTRATION ON WORK SAFETY OF COMPLETE FOREIGN AID PROJECTS (FOR TRIAL IMPLEMENTATION)