Laws of the People's Republic of China

REGULATIONS GOVERNING SUPERVISION AND CONTROL OVER
IMPORT AND EXPORT OF BOILERS AND PRESSURE
CONTAINERS (FOR TRIAL IMPLEMENTATION)

  (Promulgated on June 6, 1985 by the Ministry of Labour
and Personnel Affairs and the State Administration
of Import and Export Commodity Inspection)

 

SUBJECT: IMPORT & EXPORT LICENSING & ADMINISTRATION

ISSUING-DEPT: MINISTRY OF LABOUR & PERSONAL

ISSUE-DATE: 06/06/1985

IMPLEMENT-DATE: 11/01/1985

LENGTH: 2251 words

TEXT:

CHAPTER I GENERAL PROVISIONS

[Article 1] For the purposes of strengthening the control over import and export boilers and pressure containers and protecting State economic rights and interests and the State's reputation, these Measures are formulated in accordance with the provisions provided for in the State Council-issued Regulations on the Inspection of Import and Export Commodities of the People's Republic of China (hereinafter referred to as Regulations on Commodity Inspection) and Provisional Regulations Governing Safety Supervision over Boilers and Pressure Containers (hereinafter referred to as Regulations Governing Boiler Supervision).

[Article 2] These Measures shall apply to the boilers and pressure containers imported and exported according to foreign trade contracts, various deeds and agreements, etc. (hereinafter referred to as contracts), but not to the boilers and pressure containers used for vessels, railroad locomotives, aircraft and military equipment.

[Article 3] The State Administration of Import and Export Commodity Inspection of the People's Republic of China (hereinafter referred to as the State Commodity Inspection Administration) is the organ in charge of the unified supervision and control of the inspection of all import and export boilers and pressure containers throughout the country. The import and export commodity inspection bureaux of the various provinces, autonomous regions, and directly administered municipalities and their branch offices (hereinafter referred to as commodity inspection offices) will supervise and control the inspection of import and export boilers and pressure containers within their local area.

[Article 4] The Boiler and Pressure Container Safety Supervision Bureau under the Ministry of Labour and Personnel Affairs (hereinafter referred to as the Boiler Supervision Bureau) will be in charge of the national supervision and inspection of the safety performance of import and export boilers and pressure contatiners. The boiler and pressure container safety supervision offices under the labour and personnel departments of the various provinces, autonomous regions, and directly administered municipalities (hereinafter referred to as provincial boiler supervision offices) will be responsible for administering the supervision and inspection of the safety performance of import and export boilers and pressure containers within their local area. For any large scale supervision projects, the provincial boiler supervision offices may apply directly to the Boiler and Pressure Container Inspection and Research Centre under the Ministry of Labour and Personnel Affairs for supervision and inspection and details will be filed with the Boiler Supervision Bureau.

[Article 5] All import and export boilers and pressure containers must undergo inspection. All those itemised in the List of Commodities Subject to Inspection by the Commodity Inspection Offices (hereinafter referred to as the List of Commodities) must undergo supervision and inspection by the commodity inspection office and the provincial boiler supervision office. All those not itemised in the List of Commodities will be inspected by the relevant departments themselves and the inspection results will be filed with the commodity inspection office and the provincial boiler supervision office. Any boilers and pressure containers which have not undergone supervision and inspection by the above offices or which are not up to inspection standard are not permitted to be exported. Any boilers and pressure containers which have not undergone supervision and inspection by the above offices are not permitted to be installed and used in China.

Any commodity inspection certificates required to be sent abroad will be issued uniformly by the commodity inspection office and among the certificates an inspection report on safety performance will be provided after being examined, verified and stamped by the provincial boiler supervision office.

CHAPTER II SUPERVISION AND INSPECTION OF IMPORT BOLLERS AND PRESSURE CONTAINERS

[Article 6] Foreign trade units, consignees and users shall be responsible for the advanced properties, rationality and reliability of import boilers and pressure containers.

When a foreign trade unit negotiates and signs a contract for the importation of boilers and pressure containers (including boilers and pressure containers in a complete set of equipment), it shall send persons who are expert in the boiler and pressure container business to participate in the negotiation. The contract or its supplementary technical terms and conditions must explicitly state the following items:

(1) Rules, specifications and standards upon which the design, manufacturing, installation and inspection are based;

(2) Documents attached to the products shall include the general design drawing, calculations of the strength of components in areas under greatest pressure, a product quality certificate, installation and operating instructions and calculations for the displacement of the safety valve and blasting plates;

(3) Statement of whether the manufacture of the products needs to be supervised in the country of origin;

(4) Time limits for claims and guarantees.

The foreign trade unit shall promptly file details of the above items with the provincial boiler supervision office after the contract has been signed.

[Article 7] When any boilers and pressure containers itemised in the List of Commodities are imported, the consignee, user or his agent must declare the goods for inspection to the commodity inspection office at the port of entry or at the port of destination. After the arrival of the goods at the installatioin site, the inspection tasks shall be organised separately by the local commodity inspection office and the provincial boiler supervision office according to their respective responsibilities.

[Article 8] Supervision and inspection of the safety performance of import boilers and pressure containers shall include:

(1) A check of the technical documents provided according to para.

(2) Of Article 6;

(2) A safety performance test of the products. The specific inspection items and quantities shall be proposed by the inspection unit and shall be examined and approved by the provincial boiler supervision office;

(3) Other safety performance items required in the contract to be inspected.

[Article 9] The safety performance of import boilers and pressure containers will be supervised and examined by the boiler and pressure containers inspection offices or other qualified offices in the localities where the import boilers and pressure containers are to be installed (hereinafter referred to as inspection units), which are authorised or commissioned by the provincial boiler supervision offices.

[Article 10] After the safety performance of boilers and pressure containers is inspected, the inspection unit will issue the consignee or user with an inspection report following its being examined, verified and stamped by the provincial boiler supervision office. Should it be necessary for a claim to be lodged against the foreign counterpart, the consignee or user shall base it on the inspection report. The commodity inspection office shall issue a commodity inspection certificate after examination and verification.

[Article 11] With regard to the import of complete sets of equipment where the boilers or pressure containers are processed or manufactured within China rather than abroad, they shall, in principle, be supervised and inspected at the place of origin by the inspection unit designated by the boiler supervision office of the province where the manufacturing plant is located. After their arrival at the installation site the boilers and pressure need not be subject to reinspection.

CHAPTER III SUPERVISION AND INSPECTION OF EXPORT BOLLERS AND PRESSURE CONTAINERS

[Article 12] A unit designing or manufacturing export boilers and pressure containers shall be held responsible for the performance and quality of the products.

The design drawing of an export boiler must be approved by the provincial boiler supervision office. A unit which undertakes the designing of export pressure containers must hold a design licence. A unit which undertakes the manufacturing of export boilers and pressure containers must hold a manufacturing licence.

[Article 13] All export boilers and pressure containers will be inspected in their place of origin and inspection reports will be issued according to the contract by the inspection unit authorised or commissioned by the boiler supervision office of the province where the manufacturing plant is located.

[Article 14] The rules, specifications and standards upon which the design, manufacturing, installation and inspection are based shall be implemented in accordance with the contract provisions. Where there are no provisions stated in the contract, the existing rules, specifications and standards of the State will be implemented.

[Article 15] With regard to export boilers and pressure containers itemised in the List of Commodities, prior to their export the foreign trade unit must submit a safety performance inspection report issued by the designated inspection unit and examined, verified and stamped by the provincial boiler supervision office, to the commodity inspection office in the place of origin for inspection. Where no such report submitted the commodity inspection office will not accept the application for inspection.

[Article 16] With regard to boilers and pressure containers itemised in the List of Commodities which are subject to issuance of a commodity inspection certificate as stipulated in their export contract, the foreign trade unit must present a certificate of quality acceptability issued by the commodity inspection office in the place of origin to the commodity inspection office at the port of exit for inspection. After they are examined and considered qualified, the commodity inspection certificate (clearance certificate or clearance seal on the Customs application) will be issued for Customs clearance under supervision.

[Article 17] Except where otherwise stipulated by the contract, the safety performance inspection of export boilers and pressure containers will be conducted in accordance with the relevant requirements for supervision and inspection of the products delivered from the manufacturer, which are stated in the Regulations Governiing Boiler Supervision and its detailed implementing rules.

CHAPTER IV SUPERVISION AND INSPECTION

[Article 18] The commodity inspection office and the provincial boiler supervision office will carry out supervision and inspection over the inspection work undertaken by the inspection units on the basis of their respective responsibilities.

[Article 19] Foreign trade units, manufacturers, consignees and users shall promptly provide the commodity inspection offices and the provincial boiler supervision offices with information about the quality of or claims concerning import and export boilers and pressure containers.

CHAPTER V PENALTIES

[Article 20] With regard to units or individuals who violate these Measures, the commodity inspection offices shall, according to the severity of the case, issue such penalties as circulation of notices of criticism or imposition of fines or may suggest that the departments concerned apply disciplinary sanctions. With serious cases a request shall be made to a judicial organ to investigate and affix responsibility for the crime.

CHAPTER VI SUPPLEMENTARY PROVISIONS

[Article 21] Commodity inspection fees and safety performance inspection fees shall be charged in accordance with the relevant provisions for inspection services rendered on the basis of these Measures.

[Article 22] When the inspectors of import and export boilers and pressure containers perform their inspection tasks, the relevant units must provide them with the necessary working facilities.

[Article 23] Where any unit is dissatisfied with the results with regard to the inspection of its import and export boilers and pressure containers, it may apply to the provincial boiler supervision office and the commodity inspection office for a reinspection to be undertaken. Where it is still dissatisfied with the reinspection results, it may file an appeal with the Boiler Supervision Bureau and the State Commodity Inspection Administration which will organise a joint inspection and make a ruling.

[Article 24] These Measures are formulated by the Ministry of Labour and Personnel Affairs and the State Commodity Inspection Administration. Any matters which have not been dealt with herein shall be dealt with in accordance with the relevant provisions of the Regulations on Commodity Inspection and their detailed implementing rules.

[Article 25] The labour and personnel departments or bureaux (labour bureaux) of the various provinces, autonomous regions, and directly administered municipalities and the commodity inspection bureaux of the various areas may formulate detailed implementing measures in accordance with these Measures taking into account their specific local conditions.

[Article 26] These Measures shall come into force from November 1, 1985.