(Announced by Order No. 9 of the Ministry of Emergency Management on October 13, 2022, and implemented from December 1, 2022.)
Article 1: In order to fully implement the administrative law enforcement responsibility system and accountability system, supervise and ensure that emergency management administrative law enforcement personnel perform their duties and responsibilities in accordance with the law, and encourage new responsibilities and achievements in the new era, this regulation is formulated in accordance with the provisions of the Civil Servant Law of the People's Republic of China, the Work Safety Law of the People's Republic of China and other laws, regulations and relevant documents.
Article 2: Emergency management departments at all levels shall supervise and ensure that emergency management administrative law enforcement personnel perform their duties and responsibilities in accordance with the law, and this regulation shall apply. If laws, administrative regulations or the State Council have other provisions, follow their provisions.
The emergency management administrative law enforcement personnel referred to in these regulations refer to the personnel who perform administrative law enforcement duties such as administrative inspection, administrative coercion, administrative punishment, and administrative licensing in the emergency management department.
The emergency management system, mining safety supervision agencies, earthquake work agencies, and fire rescue agencies shall supervise and ensure that relevant administrative law enforcement personnel perform their duties and responsibilities in accordance with the law, and implement the relevant provisions of this regulation. Organizations such as township governments, street offices, and development zones authorized or commissioned to perform emergency management administrative law enforcement duties in accordance with the law may refer to these regulations to supervise and ensure that relevant administrative law enforcement personnel fulfill their duties in accordance with the law.
Article 3 To supervise and ensure the administrative law enforcement personnel of emergency management to perform their duties according to law, they should adhere to the leadership of the CPC, follow the principles of statutory functions and powers, consistent powers and responsibilities, equal punishment for excessive punishment, equal emphasis on restraint and incentive, and combination of punishment and education, and achieve due diligence and exemption of responsibility, and accountability for dereliction of duty.
Article 4: The emergency management department shall, in accordance with the arrangements of the local people's government, sort out the administrative law enforcement basis of the department, prepare a list of rights and responsibilities, and decompose and implement the administrative law enforcement responsibilities undertaken by the department in accordance with the law to its affiliated law enforcement agencies and law enforcement positions. Decompose and implement the law enforcement responsibilities of the affiliated law enforcement agencies and law enforcement positions, and shall not arbitrarily increase or decrease the administrative law enforcement authority of the department.
The emergency management department shall formulate an annual supervision and inspection plan for safety production, and organize supervision and inspection according to the plan. At the same time, the emergency management department should organize and carry out relevant special governance in accordance with the deployment, and lawfully investigate and deal with illegal activities and reported accident hazards. The emergency management department should coordinate and carry out the aforementioned law enforcement activities, ensuring that "full coverage" law enforcement inspections are carried out on key safety supervision enterprises within the jurisdiction according to a clear time cycle.
The emergency management department shall refer to the list of rights and responsibilities, formulate guidelines and operational flowcharts for administrative licensing and other important rights and responsibilities that directly affect the rights and obligations of administrative counterparties, and disclose them to the public in an appropriate form.
Article 5 Emergency management administrative law enforcement personnel shall perform administrative inspection, administrative coercion, administrative punishment, administrative licensing and other administrative law enforcement duties within the scope of their legal authority and in accordance with legal procedures, based on the arrangements of their department or the application of the parties concerned. They shall strictly regulate, fairly and civilized law enforcement, and shall not neglect their duties, exceed their powers, abuse their power, or engage in favoritism and fraud.
Article 6: If emergency management administrative law enforcement personnel fail to perform, improperly perform, or illegally perform relevant administrative law enforcement duties due to intentional or gross negligence, resulting in harmful consequences or adverse effects, they shall bear administrative law enforcement responsibilities in accordance with the law.
Article 7: If emergency management administrative law enforcement personnel have any of the following circumstances during the performance of their duties, they shall be held accountable for their administrative law enforcement responsibilities in accordance with the law:
（1） Failure to file or timely file cases that meet the criteria for filing administrative penalties;
（2） Refusing to accept administrative license applications that meet the statutory conditions, or failing to make a decision to grant or deny administrative licenses in accordance with the statutory conditions;
（3） Failure to punish or take legal measures to deal with illegal acts and potential accidents discovered during supervision and inspection;
（4） Altering, concealing, forging, stealing, intentionally damaging relevant records or evidence, obstructing testimony, or instructing, supporting, or instructing others to give false testimony, or obtaining evidence through deception, inducement, or other means;
（5） Illegally expanding the scope of sealing and seizure, failing to make a decision on handling within the statutory period of sealing and seizure, or failing to timely lift the sealing and seizure in accordance with the law, failing to fulfill the obligation to properly safeguard the sealing and seizure site, facilities or property, or illegally using or damaging the sealing and seizure site, facilities or property;
（6） Illegally implementing inspection or compulsory measures, causing damage to citizens' persons or property, or causing losses to legal persons or other organizations;
（7） Selective law enforcement or abuse of discretionary power, clearly inappropriate administrative law enforcement actions, or clearly unfair administrative law enforcement results;
（8） Changing the type and magnitude of administrative penalties without authorization, or changing the object, conditions, and methods of administrative coercion without authorization;
（9） Violating the system of administrative law enforcement publicity, recording of the entire law enforcement process, and legal review of major law enforcement decisions during the administrative law enforcement process;
（10） Illegally imposing obligations on administrative counterparties, or enforcing laws roughly or brutally, or intentionally making things difficult for administrative counterparties;
（11） Withholding, privately dividing, or indirectly dividing fines, confiscated illegal gains or property, sealed or seized property, as well as proceeds from auctions and lawful disposal;
（12） Not transferring cases that should be transferred to judicial organs for criminal responsibility in accordance with the law, and substituting administrative penalties for criminal penalties;
（13） Making administrative enforcement decisions beyond the deadline without justifiable reasons, failing to perform or delaying the performance of administrative reconsideration decisions or effective judgments of people's courts without justifiable reasons;
（14） Those who fail to handle accident reports in a timely manner, or engage in fraud, conceal the truth, spread rumors, interfere with or obstruct the investigation and handling of accidents;
（15） Failing to handle complaints and reports within the scope of the department's authority in accordance with the law;
（16） Exercising administrative law enforcement powers without legal basis, exceeding statutory powers, or violating statutory procedures;
（17） Disclosing state secrets, work secrets, or disclosing trade secrets or personal privacy obtained in the performance of duties;
（18） Other situations where administrative law enforcement responsibilities should be pursued as stipulated by laws, regulations, and rules.
Article 8: If emergency management administrative law enforcement personnel have any of the following circumstances during the performance of their duties, they shall be held accountable for their administrative law enforcement responsibilities:
（1） Interfering, obstructing, or resisting the pursuit of administrative law enforcement responsibilities against them;
（2） Retaliating against complainants, accusers, informants, or personnel in charge of administrative law enforcement accountability cases;
（3） If there are two or more instances within a year where administrative law enforcement responsibilities should be pursued;
（4） Causing significant economic losses or serious social impact through illegal or improper law enforcement actions;
（5） Other circumstances stipulated by laws, regulations, and rules that require a heavier investigation of administrative law enforcement responsibilities.
Article 9: If emergency management administrative law enforcement personnel have any of the following circumstances during the performance of their duties, their administrative law enforcement responsibilities may be reduced or mitigated:
（1） Being able to proactively and promptly report wrongful behavior and take remedial measures, effectively avoiding losses, preventing harmful consequences from occurring, or recovering and eliminating adverse effects;
（2） During the investigation and verification process, those who are able to cooperate with the investigation and verification work and truthfully explain their administrative law enforcement mistakes;
（3） Reporting the issue of administrative law enforcement responsibility for accomplices or other individuals, or other meritorious performances that have been verified to be true after investigation;
（4） Proactively submitting or refunding illegal gains;
（5） Other circumstances stipulated by laws, regulations, and rules that may result in lighter or mitigated administrative law enforcement responsibilities.
Article 10: In any of the following circumstances, administrative law enforcement personnel shall not be held accountable for their administrative law enforcement responsibilities:
（1） Deviation in administrative law enforcement actions due to unclear administrative law enforcement basis or inconsistent understanding of relevant facts and basis, except for intentional violations;
（2） Making erroneous administrative law enforcement decisions due to the concealment of relevant information or the provision of false materials by administrative counterparties, and having conscientiously fulfilled their review responsibilities in accordance with regulations;
（3） Making administrative law enforcement decisions based on inspection, testing, appraisal, evaluation reports or expert review opinions, and conscientiously fulfilling review responsibilities in accordance with regulations;
（4） Administrative counterparties who have not applied for administrative licenses or registered for filing in accordance with the law, and whose illegal behavior has caused adverse effects, have not received complaints or reports from the emergency management department or have not been discovered due to objective reasons, except for those who have not fulfilled their supervisory and inspection responsibilities in accordance with regulations;
（5） According to the approved and filed annual safety production supervision and inspection plan, as well as the relevant special law enforcement work plan and other inspection plans, the administrative counterpart has conscientiously fulfilled its supervision and inspection responsibilities, or although supervision and inspection have not yet been carried out, it has not exceeded the statutory or prescribed time limit, and the administrative counterpart has violated the law;
（6） Due to the emergence of new evidence, the original facts or nature of the case have changed, or due to the lack of standards, scientific and technological limitations, regulatory measures, and other objective conditions, problems have not been discovered and cannot be determined, except for administrative law enforcement personnel intentionally concealing or omitting evidence due to gross negligence;
（7） If necessary measures such as filing a case for investigation, ordering correction, or taking administrative coercive measures have been taken for the discovered illegal acts or accident hazards, or administrative penalties have been made in accordance with the law, but the administrative counterpart refuses to correct, illegally uses sealed and seized equipment and facilities, or still engages in illegal production and operation;
（8） For administrative counterparties who refuse to execute administrative penalty decisions and have already applied to the people's court for compulsory execution in accordance with the law;
（9） Failure to perform duties in accordance with the law due to force majeure or other insurmountable factors;
（10） Improper law enforcement behavior that is significantly minor and promptly corrected, without causing harmful consequences or adverse effects;
（11） Other situations where administrative law enforcement responsibilities are not pursued as stipulated by laws, regulations, and rules.
Article 11: In the process of promoting the reform and innovation of emergency management administrative law enforcement, errors that occur due to lack of experience, trial and error, or errors in exploratory experiments without clear limitations, and unintentional negligence in promoting development, administrative law enforcement responsibilities shall be exempted or not pursued. However, it should be promptly corrected in accordance with the law.
Article 12: The emergency management department shall investigate and handle any clues of administrative law enforcement misconduct discovered in accordance with the procedures stipulated in the "Regulations on Disciplinary Actions for Civil Servants in Administrative Organs" and other regulations.
Article 13: When investigating the administrative law enforcement responsibilities of emergency management administrative law enforcement personnel, the opinions of the law enforcement personnel involved should be fully listened to, relevant evidence materials should be comprehensively collected, and based on laws, regulations, rules and other provisions, the nature, circumstances, degree of harm of the administrative law enforcement fault behavior, as well as the subjective fault of the law enforcement personnel, should be comprehensively considered, so as to achieve clear facts, conclusive evidence, accurate characterization, appropriate handling, legal procedures, and complete procedures.
If the circumstances of administrative law enforcement misconduct are minor, the harm is relatively small, and there are statutory circumstances for leniency or reduction, according to different situations, they may be given talks to remind, criticize and educate, ordered to inspect, admonished, disqualified from the current year's awards and honors, transferred from law enforcement positions, etc., and exempted or not punished.
Article 14: If the emergency management department discovers that relevant administrative law enforcement personnel are suspected of violating party discipline or committing crimes related to their duties, they shall promptly transfer them to the disciplinary inspection and supervision organs for handling in accordance with relevant regulations.
If the disciplinary inspection and supervision organs and other authorized units intervene in the investigation, the emergency management department may organize relevant professionals to conduct argumentation and issue written argumentation opinions on whether the relevant administrative law enforcement personnel have performed their duties in accordance with the law and whether there are any administrative law enforcement errors, as required, as a reference for the authorized organs and units to determine responsibility.
For the same administrative law enforcement misconduct, if the disciplinary inspection and supervision organs have already given disciplinary or administrative sanctions, the emergency management department will not handle it again.
Article 15: Emergency management administrative law enforcement personnel who perform their duties in accordance with the law shall be protected by law. Has the right to refuse any request from any unit or individual that violates legal duties, legal procedures, or hinders fair law enforcement.
Emergency management administrative law enforcement personnel shall comprehensively and truthfully record the illegal interference of local party committees, governments, relevant departments, unit leaders and related personnel in emergency management administrative law enforcement activities, and their emergency management departments shall promptly report the reflection situation to relevant authorities.
Article 16: If emergency management administrative law enforcement personnel suffer from false reports, false accusations, frame ups, insults and defamation due to the performance of their duties in accordance with the law, resulting in damage to their reputation, the emergency management department to which they belong shall promptly clarify the facts in an appropriate manner, eliminate adverse effects, maintain the reputation of emergency management administrative law enforcement personnel, and hold relevant units or individuals accountable in accordance with the law.
If emergency management administrative law enforcement personnel, due to performing their duties in accordance with the law, themselves or their close relatives are threatened, harassed, attacked, insulted, or their personal or property are infringed upon, the emergency management department where they are located shall promptly inform the local public security organs and assist in handling the situation in accordance with the law.
Article 17 Emergency management departments at all levels shall provide necessary office space, law enforcement equipment, logistical support, and other conditions for emergency management administrative law enforcement personnel to perform their duties in accordance with the law, and take measures to ensure their personal health and safety.
Article 18 Emergency management departments at all levels shall strengthen professional training for emergency management administrative law enforcement personnel, establish standardized and institutionalized training mechanisms, and enhance the ability of emergency management administrative law enforcement personnel to perform their duties in accordance with the law.
Emergency management departments should adapt to the needs of comprehensive administrative law enforcement system reform, organize and carry out comprehensive administrative law enforcement talent capacity enhancement actions in the field of emergency management, and cultivate backbone talents in emergency management administrative law enforcement.
Article 19 The emergency management department shall establish and improve the evaluation and assessment system, follow the principles of openness, fairness, and impartiality, and include the performance of emergency management administrative law enforcement personnel in accordance with the law in the scope of administrative law enforcement evaluation and assessment. The relevant assessment standards, processes, and results shall be made public in an appropriate manner within a certain range. Strengthen the analysis and application of assessment results, and use them as an important basis for selecting, appointing, and evaluating outstanding cadres.
Article 20 Emergency management administrative law enforcement personnel who adhere to principles, dare to grasp and manage, dare to explore, and take on responsibilities, and have made outstanding contributions in preventing and resolving major safety risks, emergency rescue and rescue, or in administrative law enforcement reform and innovation, shall be rewarded according to regulations.
Article 21: These regulations shall come into effect on December 1, 2022. The Regulations on the Responsibilities of Safety Production Supervision and Supervision and the Accountability of Administrative Law Enforcement, which were announced by the former State Administration of Work Safety on July 25, 2009, revised for the first time on August 29, 2013, and revised for the second time on April 2, 2015, are hereby abolished.
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