Chapter I General Provisions
Article 1 This Law is formulated in accordance with the Anti-Terrorism Law of the People's Republic of China, Regulations on the Safety Management of Hazardous Chemicals, Regulations on the Internal Public Security of Enterprises and Institutions and other relevant laws and regulations in order to strengthen the public security management of hazardous chemicals that are easy to manufacture and explode, effectively prevent the public security risks of hazardous chemicals, and ensure the safety of people's lives and property.
article 2 these measures are applicable to the public security management of the production, management, storage, use, transportation and disposal of explosive dangerous chemicals.
article 3 the term "explosive-prone hazardous chemicals" as mentioned in these measures refers to the chemicals listed in the list of explosive-prone hazardous chemicals determined and published by the Ministry of public security, which can be used to manufacture explosives.
article 4 the business units of hazardous chemicals that are easy to make and explode mentioned in these measures refer to the units that produce, manage, store, use, transport and dispose of hazardous chemicals that are easy to make and explode.
article 5 the public security management of hazardous chemicals that are easy to make and explode shall adhere to the principles of safety first, prevention first, legal governance and systematic governance, and strengthen and implement the main responsibility of the employees.
the main person in charge of the hazardous chemicals business unit that is easy to manufacture and explode is the first person in charge of public security management, and is fully responsible for the public security management of hazardous chemicals that are easy to manufacture and explode in this unit.
article 6 the business unit of hazardous chemicals easy to make and explode shall establish the information system of hazardous chemicals easy to make and explode, and realize the interconnection with the information system of public security organs.
the public security organs and the business units of hazardous chemicals that are easy to produce and explode shall implement electronic tracking and labeling management of hazardous chemicals that are easy to produce and explode, and monitor and record the flow direction and flow rate of hazardous chemicals that are easy to produce and explode.
article 7 any unit or individual has the right to report any violation of the provisions on public security management of explosive dangerous chemicals; The public security organ that receives the report shall promptly investigate and deal with it according to law, keep confidential the informants and reward those who report meritorious service.
article 8 the business unit of hazardous chemicals that are easy to make and explode shall strengthen the inspection, assessment, rewards and punishments of public security management, discover and rectify hidden dangers of public security in time, and keep records of inspection and rectification.
chapter ii registration of sales, purchases and flows
article 9 after receiving the issuance of hazardous chemicals safety production license, hazardous chemicals safety use license, hazardous chemicals business license and fireworks safety production license notified by the emergency management department at the same level, the public security organ shall urge those who belong to hazardous chemicals business units that are easy to make and explode to establish an information system.
article 1 an enterprise that has obtained a license for the safe production of hazardous chemicals, a license for the safe use of hazardous chemicals, and a license for the operation of hazardous chemicals according to law shall purchase hazardous chemicals that are easy to make and explode with the corresponding licenses. Enterprises producing explosives for civil use purchase explosive dangerous chemicals with the production license of explosives for civil use.
Article 11 Units other than those mentioned in Article 1 of these Measures that purchase hazardous chemicals that are easy to be manufactured and exploded shall present the following materials to the sales unit:
(1) Copies of legal certificates such as the Business License of this unit, the Certificate of Legal Person of Public Institution and the identity certificate of the agent;
(2) description of the legal use of hazardous chemicals that are easy to make and explode, which shall include the specific use, variety, quantity, etc.
it is strictly forbidden for individuals to buy dangerous chemicals that are easy to make explosions.
article 12 when selling hazardous chemicals that are easy to produce and explode, hazardous chemicals production enterprises and trading enterprises shall examine the relevant licenses or supporting documents specified in article 1 or article 11 of these measures, and shall not sell hazardous chemicals that are easy to produce and explode to any unit or individual without the relevant licenses or supporting documents.
article 13 the sale, purchase and transfer of explosive hazardous chemicals shall be conducted through the bank account or electronic account of the enterprise, and the transactions shall not be conducted in cash or in kind.
article 14 when selling hazardous chemicals that are easy to be manufactured and exploded, hazardous chemicals production enterprises and trading enterprises shall truthfully record the name, address, name of the agent, ID number, variety, quantity and purpose of the purchased hazardous chemicals that are easy to be manufactured and exploded. The storage period of sales records and copies of relevant licenses or certificates and copies of identity certificates of managers shall not be less than one year.
the selling and purchasing units of explosive-prone dangerous chemicals shall, within five days after selling and purchasing, report the variety, quantity and flow information of explosive-prone dangerous chemicals sold and purchased to the local county-level public security organ for the record through the explosive-prone dangerous chemicals information system.
article 15 the production, import and sub-packaging units of hazardous chemicals easy to produce and explode shall, in accordance with the requirements of relevant national standards and specifications, make electronic tracking marks for hazardous chemicals easy to produce and explode, and read the electronic tracking marks to display the variety, quantity and flow direction information of the corresponding hazardous chemicals easy to produce and explode.
article 16 the business unit of hazardous chemicals easy to manufacture and explode shall truthfully register the information of sales, purchase, warehousing, collection, use, return and disposal of hazardous chemicals easy to manufacture and explode, and enter it into the information system of hazardous chemicals easy to manufacture and explode.
chapter iii disposal, use, transportation and information release
article 17 if the business unit of hazardous chemicals easy to produce and explode changes production, stops production, suspends business or is dissolved, it shall report the disposal plan of production devices, storage facilities and stored hazardous chemicals easy to produce and explode to the competent department and the local county-level public security organ for the record.
Article 18 A user of explosive hazardous chemicals may not lend or transfer the explosive hazardous chemicals it purchased; If it is really necessary to transfer due to production conversion, production suspension, relocation, closure, etc., it shall be transferred to the unit with the relevant license or certification documents as stipulated in Article 1 or Article 11 of these Measures.
both parties shall report the relevant information to the local county-level public security organ within five days after the transfer.
article 19 if it is necessary to stop for a long time due to accommodation or circumstances that affect the normal transportation during the transportation of dangerous chemicals that are easy to make explosives, drivers and escorts shall take corresponding safety precautions and report to the public security organs.
article 2 in case of loss, theft, robbery, dispersion, leakage and other situations of dangerous chemicals that are easy to make and explode during road transportation, drivers and escorts shall immediately take corresponding warning measures and safety measures and report to the public security organs. After receiving the report, the public security organ shall immediately notify the emergency management, ecological environment, health and other departments at the same level according to the actual situation and take necessary emergency measures.
article 21. no unit or individual is allowed to deliver or send hazardous chemicals that are easy to make explosive, or to carry hazardous chemicals that are easy to make explosive in mail or express delivery, or to conceal or falsely report hazardous chemicals that are easy to make explosive as ordinary articles, or to consign hazardous chemicals to an enterprise that does not have the corresponding qualification for transporting dangerous goods. Postal enterprises and express delivery enterprises shall not accept and send dangerous chemicals that are easy to make and explode. Transport enterprises and logistics enterprises shall not carry dangerous chemicals that are easy to make and explode in violation of the regulations on the transport of dangerous goods. Postal enterprises, express delivery enterprises, transportation enterprises and logistics enterprises shall immediately report the relevant information to the public security organs and competent departments if they find that they have delivered or consigned dangerous chemicals that are easy to make explosives in violation of regulations.
article 22 after handling the filing procedures of non-operating internet information services in accordance with the law, the business unit of hazardous chemicals easy to manufacture and explode can publish the information of hazardous chemicals easy to manufacture and explode on its website.
the business unit of hazardous chemicals that are easy to make and explode shall indicate the filing number of Internet information service that can be inquired in a prominent position on the homepage of the unit's website.
article 23 the business unit of hazardous chemicals that are easy to manufacture and explode shall not publish information of hazardous chemicals that are easy to manufacture and explode and establish relevant links in the internet application service outside the website of the unit.
it is forbidden for other units other than those engaged in explosive hazardous chemicals to publish information about explosive hazardous chemicals and establish relevant links on the internet.
Article 24 It is forbidden for individuals to publish information on the production, trading, storage and use of explosive dangerous chemicals on the Internet.
It is forbidden for any unit or individual to publish information on the Internet about the method of manufacturing explosives by using explosive dangerous chemicals.
Chapter IV Public Security Prevention
Article 25 A business unit engaged in dangerous chemicals easy to make and explode shall set up public security institutions, establish and improve public security systems, equip full-time public security personnel to be responsible for the public security work of dangerous chemicals easy to make and explode, and report the establishment of public security institutions and staffing to the local county-level public security organ for the record. Public security personnel shall meet the requirements of relevant national standards and norms and take up their posts after training.
article 26 hazardous chemicals that are easy to make and explode shall be stored in closed, semi-closed or open-air special storage places for hazardous chemicals in accordance with the requirements of relevant national standards and specifications, and stored in different zones, categories and warehouses according to the performance of dangerous goods.
Users of hazardous chemicals that are easy to produce and explode, such as teaching, scientific research, medical treatment and testing, can use storage rooms or storage cabinets to store hazardous chemicals that are easy to produce and explode, and the storage capacity of a single storage room or storage cabinet should be less than 5kg.
article 27 the storage place of hazardous chemicals easy to make and explode shall be equipped with corresponding public security prevention facilities such as manpower prevention, physical prevention and technical prevention in accordance with the requirements of relevant national standards and specifications to prevent the hazardous chemicals easy to make and explode from being lost, stolen or robbed.
article 28 the business unit of hazardous chemicals easy to make and explode shall establish the inspection and registration system for the entry and exit of hazardous chemicals easy to make and explode, and regularly check the storage situation of hazardous chemicals easy to make and explode.
in case of loss, theft or robbery of explosive dangerous chemicals, it shall immediately report to the public security organ.
article 29 the security situation of storage places (except storage rooms and cabinets) of hazardous chemicals that are easy to make and explode shall be included in the unit safety evaluation, and can only be used after passing the safety evaluation.
article 3 hazardous chemicals that are easy to explode and constitute a major hazard source shall be stored separately in a special warehouse, and the system of receiving and sending by two persons and keeping by two persons shall be implemented.
Chapter V Supervision and Inspection
Article 31 The public security organs shall regularly organize the supervision and inspection of hazardous chemicals business units that are easy to make and explode according to the actual work in this area; Organize supervision and spot checks before or during major festivals and events.
when conducting supervision and inspection, the people's police of public security organs shall show their people's police cards to show their law enforcement status, and shall not engage in activities unrelated to their duties.
Article 32 The contents of supervision and inspection include:
(1) The relevant licenses held by hazardous chemicals business units that are easy to manufacture and explode;
(2) whether the sale, purchase, disposal, use and transportation of hazardous chemicals that are easy to make and explode comply with relevant regulations;
(3) Whether the information release of explosive hazardous chemicals complies with relevant regulations;
(4) Whether the flow registration of hazardous chemicals easy to make and explode complies with relevant regulations;
(5) Whether the construction of public security institutions and systems of hazardous chemicals business units that are easy to make and explode is in compliance with relevant regulations;
(6) Whether the public security prevention facilities of hazardous chemicals business units and their storage places that are easy to make and explode comply with relevant regulations;
(7) other contents stipulated by laws, regulations, norms and standards.
article 33 supervision and inspection shall be recorded and filed for management. The supervision and inspection records include:
(1) the name, unit, position and alarm number of the personnel who perform the supervision and inspection tasks;
(2) time and place of supervision and inspection, name of unit and inspection items;
(3) hidden problems found and treatment results.
article 34 supervision and inspection records are made in duplicate, which shall be signed and confirmed by the supervision and inspection personnel and the management personnel of the inspected unit; If the management personnel of the inspected unit have objections to the inspection records or refuse to sign them, the inspectors shall indicate them in the inspection records.
article 35 the public security organ shall establish a risk assessment, grading early warning mechanism and a notification mechanism for sharing information with relevant departments of hazardous chemicals that are easy to manufacture and explode.