AsianLII [Home] [Databases] [WorldLII] [Search] [Feedback]

Laws of the Shanghai Province

You are here:  AsianLII >> Databases >> Laws of the Shanghai Province >> Regulations of Shanghai Municipality on the Administration of Fuel Gas

[Database Search] [Name Search] [Noteup] [Help]

Regulations of Shanghai Municipality on the Administration of Fuel Gas

Regulations of Shanghai Municipality on the Administration of Fuel Gas
 
(Adopted at the 8th session of the Standing Committee of the 11th Shanghai Municipal People's Congress on January 22,1999)
    
     Chapter I General Provisions
    
     Article 1
     These Regulations are formulated for the purpose of strengthening this municipality's fuel gas administration, protecting the legal rights and interests of fuel gas users and of fuel gas producing and selling enterprises, safeguarding the public safety of society and promoting the development of fuel gas undertakings.
     Article 2
     The fuel gas referred to in these Regulations means the gas fuel such as artificial coal gas, natural gas, and liquefied petroleum gas (hereinafter called LPG.)
     Article 3
     These Regulations apply to the planning of fuel gas development, the construction of fuel gas projects, the production, sales, and use of fuel gas, the protection of fuel gas facilities, the production, sales, installation and maintenance of fuel gas appliances, and related managerial activities in the administrative areas of this municipality.
     Article 4
     The Shanghai Municipal Public Utilities Administration (hereinafter called the MPUA)is the competent department of this municipality in fuel gas administration, responsible for putting these Regulations into implementation. The Shanghai Municipal Fuel Gas Management Office (hereinafter called the MFGMO) under the MPUA has charged of daily management and supervision of this municipality's fuel gas trade, and administers administrative punishment according to the authorization of these Regulations.
     The fuel gas administrative departments in Nanhui, Fengxian, Qingpu and Chongming counties, and Pudong New Area, and Minghang, Baoshan, Jiading, Jinshan and Songjiang districts(hereinafter called county / district) take charge of the fuel gas management in the range of gas supply in respective county or district according to the provisions of these Regulations, and subject themselves to the leadership of the MPUA in professional work.
     The related departments of this municipality shall coordinate the implementation of these Regulations according to respective functions and duties.
     Article 5
     This municipality shall popularize the use of fuel gas, promote clean energy sources, accelerate the progress of fuel gas science and technology, and protect and improve the atmospheric environment.
     In developing this municipality's fuel gas undertakings, the principle of unified planning, fair competition, coordination and balance of multiple gas sources and structural optimization shall be followed.
     In management of this municipality's fuel gas trade, the principle of putting safety first, safeguarding supply, standardizing services and advocating energy-saving and high efficiency must be observed.
    
     Chapter II Planning and Construction Management
    
     Article 6
     The municipal and county / district people's governments shall incorporate the development of fuel gas undertakings into the national economical and social development plans.
     The MPUA shall draw up fuel gas development plans according to the actual needs of this municipality's urban construction and economic development, which shall be incorporated into the urban overall plan after comprehensive balance by the municipal planning department.
     Article 7
     New construction and expansion of development zones or residential areas, renovation of areas with large stretches of land, and new construction, conversion or expansion of large construction projects shall, according to the fuel gas development planning and detailed area planning, be accompanied by the construction of appropriate fuel gas facilities to form a complete project or the land reserved in advance for fuel gas facilities construction as part of the whole project.
     The land reserved in advance for fuel gas facilities construction shall not be used for other purposes unless the planning is adjusted through legal procedures.
     Article 8
     New construction, conversion and expansion of fuel gas construction projects shall conform to the fuel gas development planning, and shall be carried out after having examined, verified and approved by the MPUA, reported to the relevant department in accordance with the examination and approval procedures set by the state and this Municipality, and its approval obtained.
     Article 9
     Construction units shall entrust designing and performing units with appropriate professional qualification certificates to design and perform the fuel gas projects. The designing or performance of fuel gas projects without certificates or beyond the business scope provided by the professional qualification certificates is forbidden.
     The design and performance of fuel gas projects must abide by relevant technical standards and norms set by the State and this municipality.
     In the design of residences, the installation site of fuel gas measuring meters shall be set in the space for common use outside residence units, except those not having relevant designing conditions.
     Article 10
     The equipment and materials chosen for fuel gas project construction shall conform to the State standards, trade standards or this municipality's standards.
     Article 11
     After completion, the fuel gas project must have final acceptance testing according to the project scale and relevant provisions set by the State and this municipality. The unit that organizes the acceptance testing shall ask the MPUA to participate.
     The fuel gas project that has not had or passed final acceptance testing shall not be made available to the users.
    
     Chapter III Management of Operational Qualifications
    
     Article 12
     Producing and selling enterprises engaged in fuel gas business activities must have qualification certificates issued by the relevant State department or the MPUA.
     To obtain qualification certificates issued by the MPUA, the producing enterprise must fulfill the following requirements:
     1. Having up-to-standard equipment to produce, purify, store and convey and distribute fuel gas, and facilities for fuel gas quality testing, fuel gas measuring, fire prevention, safety protection and environmental protection;
     2. Having the capability of continuous and stable production of up-to-standard fuel gas;
     3. Having a safety management system to prevent leakage, fire and explosion; and
     4. Having professional technical personnel matched to the production scale of fuel gas.
     To obtain qualification certificates issued by the MPUA, the selling enterprise must fulfill the following requirements:
     1. Having up-to-standard equipment to store, fill, and convey and distribute fuel gas, and facilities for fuel gas quality testing, fuel gas measuring, fire prevention and safety protection;
     2. Having stable and up-to-standard fuel gas sources;
     3. Having the operational capability to supply fuel gas enough for normal use by residents equivalent to more than 5,000 households;
     4. Having a safety management system to prevent leakage, fire and explosion;
     5. Having professional technical personnel matched to the supply scale of fuel gas; and
     6. Having professional servicemen who have passed the examination of the MPUA.
     The MPUA shall make decisions on examination and approval within 60 days from the date of accepting the qualification certificate applications submitted by producing and selling enterprises.
     Article 13
     When setting up fuel gas supply stations, the fuel gas selling enterprise shall obtain the gas supply license granted by the MFGMO.
     To obtain the gas supply license, the fuel gas supply stations (including gas supply stations for fuel gas motor vehicles, the same below) shall fulfill the following requirements:
     1. Having up-to-standard fixed station facilities;
     2. Having up-to-standard facilities for fuel gas measuring, fire prevention and safety protection;
     3. Having a safety management system to prevent leakage, fire and explosion;
     4. Having a business system in conformity with regulations; and
     5. Having professional servicemen who have passed the examination of the MPUA.
     The gas supply station for fuel-gas-powered motor vehicles must have up-to-standard equipment to store and fill fuel gas in addition to the requirements under the previous Section.
     The MFGMO shall make a decision on examination and approval within 30 days from the date of accepting the application submitted by the fuel gas selling enterprise for setting up fuel gas supply stations.
     Article 14
     The MPUA shall review the qualification of fuel gas producing and selling enterprises every three years and renew the qualification certificates for those meeting the requirements. The MFGMO shall review the licenses of fuel gas supply stations once a year and renew the gas supply licenses for those meeting the requirements.
     Those failing to meet the requirements shall not continue to be engaged in fuel gas operational activities.
     Article 15
     In case of merger or split-off, the fuel gas producing or selling enterprise shall renew the application for qualification.
     In case of winding-up of business, the fuel gas producing or selling enterprise must report in writing to the MPUA 90 days before the winding-up of business, and go through the formalities for cancellation of qualification certificates with the MPUA after taking relevant measures for fuel gas to be still available to related users.
    
     Chapter IV Control Over the Supply and Usage of Fuel Gas
    
     Article 16
     The fuel gas selling enterprise shall make a fuel gas production and sales contract with the fuel gas producing enterprise according to the principle of guaranteed production and sales base, equality, mutual benefit and of reaching unanimity through consultation. If the artificial coal gas and natural gas selling enterprise cannot reach a production and sales contract with the producing enterprise and the normal supply of gas may be affected, the municipal or county / district people's government shall come to a decision through coordination.
     Article 17
     The artificial coal gas and natural gas selling enterprise shall dispatch daily the production and supply of artificial coal gas and natural gas according to the production and sales contract and actual demands of users. The artificial coal gas and natural gas producing enterprise shall organize production according to the daily dispatch of the selling enterprise.
     If in daily dispatch the artificial coal gas and natural gas selling enterprise gets into a dispute with the producing enterprise, the MFGMO or county / district fuel gas administrative department shall deal with the dispute through coordination. The artificial coal gas and natural gas selling and producing enterprises shall obey.
     If the artificial coal gas and natural gas selling enterprise can not normally dispatch daily due to force majeure or major sudden accidents, the organization designated by the municipal or county / district people's government shall issue contingency dispatch directives. The artificial coal gas and natural gas producing enterprise shall obey and shall not refuse or delay for any reasons.
     If the execution of contingency dispatch directives causes damage to the artificial coal gas and natural gas producing enterprise, the municipal or county / district people's government shall make appropriate compensation.
     Article 18
     The fuel gas producing and selling enterprises shall ensure that the quality of fuel gas produced or supplied conforms to the standard.
     The fuel gas selling enterprise shall ensure that the fuel gas pressure and the filling weight of fuel gas cylinders conform to the standard.
     The MFGMO shall supervise and test the composition, calorific value and pressure of fuel gas, and the filling weight of fuel gas cylinders.
     Article 19
     The fuel gas selling enterprise has the obligation to supply gas for the units and individual persons in its gas supply range except those who do not have the condition of gas supply.
     When handling an application for use of gas, the fuel gas selling enterprise shall not restrict the user to the purchase of fuel gas appliances and related products produced or sold by the enterprise itself or its designated unit, and shall not restrict the user to entrusting the enterprise itself or its designated installing unit for the installation of fuel gas appliances.
     Article 20
     After handling the user's application, the fuel gas selling enterprise shall make a gas supply and use contract with the user according to the provisions of the State laws and regulations.
     Article 21
     The fuel gas producing enterprise, the selling enterprise and the gas supply station shall not provide the unit or individual person holding no qualification certificate or gas supply license with fuel gas for resale.
     Article 22
     The fuel gas selling enterprise shall not without authorization close or remove the fuel gas supply station. If the closure or removal is really necessary due to actual operational status or substantial change in the users' demand, the selling enterprise must make appropriate arrangements about the fuel gas supply for related users and must get approval from the MFGMO after examination and verification.
     Article 23
     The fuel gas selling enterprise shall supply users with uninterruptedly gas in accordance with the fuel gas quality, pressure and measuring standard. Where the supply and use contract signed between the fuel gas selling enterprise and the institutional user arranges otherwise, such arrangements shall prevail.
     If it is really necessary to suspend gas supply or to lower fuel gas pressure due to the fuel gas project under construction or the maintenance of fuel gas facilities, the fuel gas selling enterprise shall make an announcement 3 days in advance. If fuel gas supply has to be suspended or fuel gas pressure has to be lowered in a wider range, the fuel gas selling enterprise shall report in advance to the MPUA or the county / district fuel gas administrative department for approval.
     If fuel gas supply really has to be suspended or fuel gas pressure has to be lowered due to emergencies such as force majeure, or making rush repairs on fuel gas facilities, the fuel gas selling enterprise shall notify the users immediately and in the meantime report to the MPUA or the county/ district fuel gas administrative department, and take measures of continuous rush repairs to restore normal supply of fuel gas.
     Article 24
     Users shall use gas safely and economically.
     The following actions of any units or individual persons are forbidden:
     1. Installation of fuel gas appliances directly on the pipelines conveying and distributing fuel gas or usurpation of fuel gas by other means;
     2. Refit, removal or dismantling of fuel gas facilities without authorization;
     3. Alter the purpose of use of fuel gas without authorization ; or
     4. Other actions of gas use that endanger public safety.
     Article 25
     The fuel gas selling enterprise shall be responsible for the maintenance and renewal of fuel gas measuring meters and pipelines and additional facilities before the outlets of fuel gas measuring meters, and the users act in cooperation. The pipelines and additional facilities behind the outlets shall be maintained and renewed by the users.
     The fuel gas selling enterprise shall make a safety inspection of the pipelines and additional facilities behind the outlets of fuel gas measuring meters every two years and give users technical guidance on safe use of fuel gas.
     Upon discovering any users violating regulations on safe use of gas, the fuel gas selling enterprise shall dissuade and stop the users from such a violation and put forward suggestions for correction.
     Article 26
     The fuel gas selling enterprise shall announce the telephone number for repairing service. Upon receiving the user's report, the fuel gas selling enterprise shall send servicemen on the spot to do maintenance within the prescribed period of time or at the time appointed with the user. In case of gas leakage, servicemen must be promptly sent on the spot to do rush repairs.
     Article 27
     The prices of fuel gas and the items and rates of service charges shall follow the relevant provisions of the price control law and regulations.
     Users shall pay fuel gas use fees on schedule. In case of no payment within the stipulated period of time, the fuel gas selling enterprise may impose fines for overdue payment per day equivalent to three per thousand of the bills payable. In case of no payment six months after deadline, the fuel gas selling enterprise may stop gas supply after examination, verification and approval by the MPUA or the county / district fuel gas administrative department, but shall notify the user in writing 15 days before the stoppage of gas supply.
     The following actions of fee collection by the fuel gas selling enterprise are forbidden:
     1. Collection of fuel gas use fees or related service charges from users not in accordance with the prescribed rates;
     2. Collection of fees from users which have not been approved by the price control department; and
     3. Arbitrary offer of services and collection of fees without engagement of users.
     Article 28
     The MFGMO, county / district fuel gas administrative departments, press agencies and fuel gas selling enterprises shall make regular public-good propaganda on safe and economical use of fuel gas.
    
     Chapter V Management of Fuel Gas Appliances
    
     Article 29
     This municipality shall promote the use of safe and energy-saving fuel gas appliances. The sales of fuel gas appliances without safety protection devices shall be stopped after the prescribed deadline.
     Article 30
     Fuel gas appliances produced in this municipality shall have production licenses or permits for products.
     Article 31
     Fuel gas appliances sold in this municipality shall be listed in the Shanghai Municipality's Permitted Sales Catalogue of Fuel Gas Appliances Products (hereinafter called the Permitted Sales Catalogue) after examination and verification by the MFGMO. The Permitted Sales Catalogue shall be publicized once a year by the MFGMO.
     The fuel gas appliances listed in the Permitted Sales Catalogue shall be marked with permitted sales labels.
     The fuel gas appliances that have not been listed in the Permitted Sales Catalogue or marked with permitted sales labels shall not be sold or exhibited for sale in this municipality.
     Article 32
     The installation units and installers of fuel gas appliances shall pass the examination of the MFGMO before having permission to engage in installation business.
     The MFGMO shall review the qualification of fuel gas appliance installation units once a year and announce the result of the review.
     Users shall entrust the qualified installation unit to install fuel gas appliances. The MFGMO shall provide users with related consultancy service.
     The installation unit of fuel gas appliances shall refuse to install fuel gas appliances not listed in the Permitted Sales Catalogue.
     Article 33
     The fuel gas selling enterprise shall test the safe use property of the fuel gas appliances already installed at the user's request, and shall make timely repairs upon discovering the installation quality of fuel gas appliances below the set requirements in the course of test.
     The user shall bear the relevant service fees and the user may ask the entrusted installation unit to bear the fees.
     Article 34
     The fuel gas producing and selling enterprises shall set up or designate product service stations to provide users with maintenance service.
     The service stations and servicemen of fuel gas appliances must pass the examination of the MFGMO before they are permitted to engage in service work.
     The MFGMO shall review the qualification of service stations of fuel gas appliances once a year and announce the result of the review.
    
     Chapter VI Safety Protection of Facilities and Handling of Accidents
    
     Article 35
     The fuel gas selling enterprise shall place conspicuous and uniform safety signs at the site of important fuel gas facilities.
     No unit or individual person shall be allowed to remove, cover , dismantle or damage the safety signs of fuel gas facilities.
     Article 36
     The following activities in the safety protection range of fuel gas facilities are forbidden:
     1. Construction of buildings or structures;
     2. Pile-up of goods or discharge of caustic liquid or gas;
     3. Excavation of canals and ditches, digging for earth or growing deep-rooted crops without authorization;
     4. Piling or pushing operations without authorization; or
     5. Other activities damaging fuel gas facilities or endangering safety of fuel gas facilities.
     The MPUA, jointly with the municipal planning, public security and public works administrative departments, shall determine the safety protection range of fuel gas facilities.
     The district or county people's government may organize the planning administrative department, the MFGMO or the county / district fuel gas administrative department in dismantling the buildings or structures lying on the transmission and distribution pipelines of fuel gas. The cost needed shall be borne by the unit or individual person that makes the illegal construction.
     Article 37
     The laying of other underground pipelines over and below or on either side of the transmission and distribution pipelines of fuel gas shall conform to related technical standards and norms, and meet the relevant provisions on pipeline project planning and construction performing management..
     Before starting a construction project, the construction unit or performing unit shall ask the fuel gas selling enterprise for related details of underground fuel gas facilities, and the latter shall give a written reply within three days.
     If the performance of construction project may affect the safety of fuel gas facilities, the construction unit or performing unit shall consult with the fuel gas selling enterprise about the adoption of appropriate measures of safety protection.
     Article 38
     The users in need of refitting, removing or dismantling the pipeline and additional facilities behind the outlet of fuel gas measuring meter shall entrust the qualified fuel gas installation unit or fuel gas selling enterprise to carry out the work.
     If the refit, removal or dismantling of important fuel gas facilities is really necessary due to the performance of construction project, the construction unit shall report to the MPUA for examination and approval before applying for a license of construction project planning. After getting examination, verification and approval, the construction unit or performing unit shall adopt appropriate make-up measures jointly with the fuel gas selling enterprise.
     Article 39
     The fuel gas storage tank, cylinder and pressure regulator chosen by the fuel gas selling enterprise shall conform to the required standard, and shall be serviced and renewed periodically according to the relevant regulations on the management of pressure vessels.
     The fuel gas selling enterprise shall not be allowed to fill fuel gas cylinders directly from the fuel gas storage tank or fuel gas wagon.
     The fuel gas selling enterprise shall place the full and empty cylinders of fuel gas separately. Upon discovering fuel gas cylinders that fail to meet requirements such as leaky or overweight cylinders, the selling enterprise shall make proper disposal and shall not put them in the cylinder storehouse.
     The fuel gas selling enterprise shall have alarm installation at the gas supply stations and implement the safety management system.
     The fuel gas transportation shall meet the requirements for transportation of dangerous goods.
     Article 40
     The fuel gas producing and selling enterprises shall institute the system of inspection rounds of fuel gas facilities and work out preplanning for contingency treatment of fuel gas accidents and report to the MPUA for record.
     In case of fuel gas accidents, the fuel gas producing and selling enterprises shall take prompt relevant safety measures according to the contingency preplanning, organize rush repairs and operate continuously until the finish of repairs.
     During rush repairs of fuel gas facilities, the related units and individuals shall act in cooperation, and shall not obstruct or interfere with the ongoing rush repairs for any reasons.
     Article 41
     If there are casualties and property losses caused by fuel gas accidents, the public security department, the MFGMO or county / district fuel gas administrative department shall inspect the accident spot, investigate and collect evidence, and determine the cause and responsibility of the accident according to their respective functions.
     The party concerned, who has a dispute about the determination of the cause and responsibility of the fuel gas accident, may submit the accident appraisal committee for appraisal. The members of the accident appraisal committee shall be determined by the Municipal People's Government.
    
     Chapter VII Legal Liability
    
     Article 42
     The party concerned of the fuel gas accident shall be liable for the damage according to the following provisions:
     1. The fuel gas user, whose personal fault causes the fuel gas accident, shall himself or herself be liable for the damage. If the accident causes injuries, deaths and property losses of other people, the fuel gas user at fault shall be liable to pay damages according to law.
     2. If the product quality of fuel gas appliances or the installation quality that fails to meet the safety requirements causes the fuel gas accident, the fuel gas appliance producing and selling enterprises or the installation unit shall be liable to pay damages according to law.
     3. If there are casualties and property losses caused by production and sales operations of fuel gas, the fuel gas producing and selling enterprises shall be liable to pay damages according to law. The industrial injury accident shall be handled according to the relevant State regulations.
     4. A third party, whose fault causes the fuel gas accident, shall be liable to pay damages according to law.
     5. Except for force majeure, if the party that is to be held responsible for the fuel gas accident, can not be found out for the moment, the fuel gas producing and selling enterprises shall be liable to pay damages according to law. The fuel gas producing and selling enterprises may reserve the right to make a compensation claim from the party responsible for the fuel gas accident.
     The amount of damages of fuel gas accident shall be settled through consultation with the party concerned. If no settlement can be reached through consultation, the party involved may apply for mediation to the district or county people's government where the accident happens. If no settlement can be reached through mediation, the party involved may file a civil lawsuit in the people's court. The party involved may also file a civil lawsuit directly to the people's court.
     Article 43
     Any of the following acts in violation of the provisions of these Regulations shall be rectified within the time limit by order of the MPUA and may be subject to punishments:
     1. Violation of the provisions of Article 8, any new construction, conversion or expansion of fuel gas projects without examination, verification and approval of the MPUA shall be imposed a fine of not-less than RMB 5,000 yuan and not more than RMB 50,000 yuan;
     2. Violation of the provisions of Article 9, Section 2, Article 10, Article 11, Section 2 and Article 15, Section 2 shall be imposed a fine of not less than RMB 5,000 yuan and not more than RMB 50,000 yuan; or
     3. Violation of the provisions of Article 12, Section 1 and Article 15, Section 1 shall carry confiscation of illicit gains and illegal property and be imposed a fine of not less than RMB 5,000 yuan and not more than RMB 50,000 yuan.
     Article 44
     Violation of the provisions of Article 17, Section 3, Article 18, Section 1,2, Article 19, Section 1, Article 23, Article 26 , Section 2, and Article 40 , Section 2 of these Regulations shall be rectified within the time limit by order of the MPUA or county / district fuel gas administrative department and may be imposed a fine of not less than RMB 1,000 yuan and not more than RMB 50,000 yuan. If the case is serious, the operations may be ordered to be stopped for rectification or the qualification certificates may be revoked with approval of the municipal or county / district people's government.
     Article 45
     Any of the following acts in violation of provisions of these Regulations shall be rectified within the time limit by order of the MFGMO and may be subject to punishments:
     1. Violation of the provisions of Article 22 shall be imposed a fine of not less than RMB 1,000 yuan and not more than RMB 50,000 yuan; or
     2. Violation of the provisions of Article 32 , Section 1, and Article 34 , Section 2 shall lead to the confiscation of illicit gains and be imposed a fine of not less than RMB 1,000 yuan and not more than RMB 50,000 yuan.
     Violation of the provisions of Article 34 , Section 1 shall be rectified within the time limit by order of the MFGMO and may be imposed a fine of not less than RMB 1,000 yuan and not more than RMB 50,000 yuan. If the case is serious, the name of fuel gas appliance produced or sold may be removed from the Permitted Sales Catalogue.
     Article 46
     Any of the following acts in violation of provisions of these Regulations shall be rectified within the time limit by order of the MFGMO or the county / district fuel gas administrative department and may be subject to punishments:
     1. Violation of the provisions of Article 13 , Section 1, Article 31 , Section 3 shall lead to the confiscation of illicit gains and illegal property, and be imposed a fine of not less than RMB 1,000 yuan and not more than RMB 50,000 yuan;
     2. Violation of the provisions of Article 17 , Section 2 shall be imposed a fine of not less than RMB 1,000 yuan and not more than RMB 50,000 yuan;
     3. Violation of the provisions of Article 24 , Section 2, Article 25 , Section 2,3, Article 36 , Section 1, Article 37 , Section 3 and Article 38 , Section 2 shall be imposed a fine of not less than RMB 500 yuan and not more than RMB 50,000 yuan;
     4. Violation of the provisions of Article 21 shall lead to the confiscation of illicit gains and be imposed a fine of not less than RMB 1,000 yuan and not more than RMB 50,000 yuan. If the case is serious, operations may be ordered to be stopped for rectification or gas supply licenses may be revoked with approval of the municipal or county / district people's government;
     5. Violation of the provisions under Article 26 , Section 1, Article 32 , Section 4, Article 33 , Section 1, Article 35 , Section 2 and Article 40 , Section 3 shall be imposed a fine of not less than RMB 500 yuan and not more than RMB 5,000 yuan; or
     6. Violation of the provisions under Article 39 , Section 1,2,3,4, shall be imposed a fine of not less than RMB 500 yuan and not more than RMB 50,000 yuan. If the case is serious, operations may be ordered to be stopped or gas supply licenses revoked with approval of the municipal or county / district people's government.
     Article 47
     In addition to the punishments stipulated by these Regulations for any violation of fuel gas management, there are other punishments stipulated by relevant laws and regulations, the relevant administrative department shall enforce the punishments according to law . If the wrong constitutes a crime, the party involved shall be prosecuted for his/her criminal liability according to law.
     Article 48
     If the MPUA, the MFGMO or the county / district fuel gas administrative department violates the provisions of these Regulations, giving examination and approval illegally or beyond its jurisdiction, the superior competent organ shall order correction or revocation. If economic losses are caused to the party involved, the wrongdoer shall be liable to pay damages according to law.
     Article 49
     The working staff of the MPUA, the MFGMO, or the county / district fuel gas administrative department that commit dereliction, abuse power and malpractice shall be given disciplinary sanction by their work unit or the superior competent department. If the irregularities constitute a crime, the wrong- doer shall be prosecuted for his/her criminal liability according to law.
     Article 50
     The party concerned, who disagrees with the specific administrative act of the MPUA, the MFGMO or the county / district fuel gas administrative department, may apply for review or take legal action according to the provisions of the Regulations on Administrative Review or the Administrative Litigation Law of the People's Republic of China.
     If the party involved neither applies for review of the specific administrative act within the time limit, nor takes legal action, nor performs, the MPUA, the MFGMO or the county / district fuel gas administrative department that makes the specific administrative act may apply to the people's court for enforcement.
    
     Chapter 8 Supplementary Provisions
    
     Article 51
     The definitions of relevant terms used in these Regulations are as follows:
     1. The fuel gas project means the construction project of fuel gas facilities and fuel gas supply stations;
     2. The fuel gas producing enterprise means the operational enterprise that produces and sells artificial coal gas, natural gas, and LPG to the fuel gas selling enterprise;
     3. The fuel gas selling enterprise means the operational enterprise that sells artificial coal gas, natural gas and LPG to the users;
     4. The fuel gas facilities mean all kinds of equipment and additional facilities including transmission and distribution pipelines, pressure regulators, pipeline valves and catchment wells used to produce, store, transmit and distribute fuel gas; and
     5. The fuel gas appliances mean stoves, water heaters, water boilers, warmer, boilers air-conditioners and other appliances using fuel gas.
     Article 52
     The fuel gas producing and selling enterprises and fuel gas supply stations already established before the implementation of these Regulations shall file applications for qualification certificates or gas supply licenses to the MPUA or the MFGMO within the prescribed time limit after the implementation of these Regulations.
     Article 53
     These Regulations shall become effective on May 1, 1999.
    

AsianLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.asianlii.org/cn/legis/sh/laws/rosmotaofg640