Measures for the Administration of Permits for Installation (Repair, Testing) of Electric Power Facilities




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These Measures are formulated in accordance with the Regulations on Power Supply and Use and the relevant provisions of the State, for the purpose of strengthening the administration of permits for installation (repair, testing) of electric power facilities, maintaining the market order for installation, repair and testing of electric power facilities, and regulating the licensing activities for installation (repair, testing) of electric power facilities.

Chinese Name

Measures for the Administration of Permits for Installation (Repair, Testing) of Electric Power Facilities

Scope of Application

Maintaining the installation, repair and testing of electric power facilities

Document Number

Order of the State Electricity Regulatory Commission (No. 6)




Issuing Authority

State Electricity Regulatory Commission

Date of Issuance

December 27, 2004

Date of Implementation

March 1, 2005



 



Introduction to the Measures




These Measures are formulated in accordance with the Regulations on Power Supply and Use and the relevant provisions of the State, for the purpose of strengthening the administration of permits for installation (repair, testing) of electric power facilities, maintaining the market order for installation, repair and testing of electric power facilities, and regulating the licensing activities for installation (repair, testing) of electric power facilities. These Measures apply to the application, acceptance, review, issuance, administration and supervision of permits for installation (repair, testing) of electric power facilities. Where the State has other provisions, those provisions shall prevail. The State Electricity Regulatory Commission is responsible for guiding and supervising the issuance and administration of permits for installation (repair, testing) of electric power facilities nationwide. The dispatched agencies of the State Electricity Regulatory Commission (hereinafter referred to as the licensing authorities) are responsible for the acceptance, review, issuance and routine supervision and administration of permits for installation (repair, testing) of electric power facilities within their respective jurisdictions.

Promulgation of the Measures


Order of the State Electricity Regulatory Commission (No. 6)

The Measures for the Administration of Permits for Installation (Repair, Testing) of Electric Power Facilities, having been adopted at the executive meeting of the Chairman of the State Electricity Regulatory Commission, are hereby promulgated and shall come into force as of March 1, 2005.

Chairman: Chai Songyue

December 27, 2004

Detailed Provisions




Chapter I General Provisions

Article 1 These Measures are formulated in accordance with the Regulations on Power Supply and Use and the relevant provisions of the State, for the purpose of strengthening the administration of permits for installation (repair, testing) of electric power facilities, maintaining the market order for installation, repair and testing of electric power facilities, and regulating the licensing activities for installation (repair, testing) of electric power facilities.

Article 2 These Measures apply to the application, acceptance, review, issuance, administration and supervision of permits for installation (repair, testing) of electric power facilities. Where the State has other provisions, those provisions shall prevail.

Article 3 The State Electricity Regulatory Commission is responsible for guiding and supervising the issuance and administration of permits for installation (repair, testing) of electric power facilities nationwide. The dispatched agencies of the State Electricity Regulatory Commission (hereinafter referred to as the licensing authorities) are responsible for the acceptance, review, issuance and routine supervision and administration of permits for installation (repair, testing) of electric power facilities within their respective jurisdictions.

Article 4 Any unit that engages in the business of installation, repair or testing of electric power facilities within the territory of the People's Republic of China shall obtain a permit for installation (repair, testing) of electric power facilities in accordance with the provisions of these Measures. No unit or individual may engage in the business of installation, repair or testing of electric power facilities without obtaining a permit for installation (repair, testing) of electric power facilities.

For the purpose of these Measures, installation, repair and testing of electric power facilities refer to the installation, repair and testing of electric power facilities for power transmission, power supply and power consumption.

Article 5 Units that have obtained permits for installation (repair, testing) of electric power facilities may lawfully carry out business activities and are protected by law.

Chapter II Classification and Grading

Article 6 Permits for installation (repair, testing) of electric power facilities are divided into three categories: installation, repair and testing.

Units that have obtained an installation-type permit for installation of electric power facilities may engage in the installation business of electric power facilities.

Units that have obtained a repair-type permit for repair of electric power facilities may engage in the repair business of electric power facilities.

Units that have obtained a testing-type permit for testing of electric power facilities may engage in the testing business of electric power facilities.

Article 7 Permits for installation (repair, testing) of electric power facilities are divided into Grade I, Grade II, Grade III, Grade IV and Grade V.

Units that have obtained a Grade I permit for installation (repair, testing) of electric power facilities may engage in the installation, repair or testing business of electric power facilities at all voltage levels.

Units that have obtained a Grade II permit for installation (repair, testing) of electric power facilities may engage in the installation, repair or testing business of electric power facilities at voltage levels below 220 kV.

Units that have obtained a Grade III permit for installation (repair, testing) of electric power facilities may engage in the installation, repair or testing business of electric power facilities at voltage levels below 110 kV.

Units that have obtained a Grade IV permit for installation (repair, testing) of electric power facilities may engage in the installation, repair or testing business of electric power facilities at voltage levels below 35 kV.

Units that have obtained a Grade V permit for installation (repair, testing) of electric power facilities may engage in the installation, repair or testing business of electric power facilities at voltage levels below 10 kV.

Chapter III Application

Article 8 An application for a permit for installation (repair, testing) of electric power facilities shall be submitted to the licensing authority at the place where the applicant is located.

Units that install, repair or test electric power facilities may apply to the administrative department for industry and commerce for a business license or change of business scope only after obtaining a permit for installation (repair, testing) of electric power facilities issued by the licensing authority.

Article 9 An applicant for a permit for installation (repair, testing) of electric power facilities shall meet the following conditions:

(1) Having the status of a legal person;

(2) Having registered capital commensurate with the category and grade of the permit applied for;

(3) Having equipment, business premises and relevant resources commensurate with the category and grade of the permit applied for;

(4) The technical director and safety director shall have technical titles commensurate with the category and grade of the permit applied for, and shall not hold concurrent positions in other units;

(5) Having professional personnel commensurate with the category and grade of the permit applied for, and such personnel shall not hold concurrent positions in other units.

Applicants for Grade I to Grade III permits for installation (repair, testing) of electric power facilities shall also have performance records commensurate with the category and grade of the permit applied for within the specified period.

Applications for permits for installation (repair, testing) of electric power facilities shall meet the specific conditions specified in the Appendix to these Measures, the Standards for Grades of Permits for Installation (Repair, Testing) of Electric Power Facilities.

Article 10 An application for a permit for installation (repair, testing) of electric power facilities shall provide the following materials:

(1) A permit application form;

(2) Legal person certification materials and net asset certification materials;

(3) A list of main equipment and machinery, and certification materials for business premises;

(4) Resumes of the technical director and safety director, and relevant certification materials such as professional and technical qualification certificates;

(5) A detailed list of engineering and technical personnel and economic management personnel, and their professional and technical qualification certification documents;

(6) A registration form for electrician operators.

Applicants for Grade I to Grade III permits for installation (repair, testing) of electric power facilities shall also provide performance reports and relevant certification materials for engaging in related business within the specified period.

Article 11 A newly established unit after merger shall re-apply to the licensing authority for a permit for installation (repair, testing) of electric power facilities. The grade of the permit for the newly established unit after merger shall be determined according to the conditions actually met, but shall not be higher than the highest grade of the same type of permit among the parties before the merger.

In addition to the materials specified in Article 10, a newly established unit after merger applying for a permit for installation (repair, testing) of electric power facilities shall also provide the following materials:

(1) Certification materials for the merger;

(2) The permits for installation (repair, testing) of electric power facilities of each unit before the merger.

Article 12 A newly established unit after division shall re-apply to the licensing authority for a permit for installation (repair, testing) of electric power facilities. The licensing authority shall, based on assets, personnel and equipment, determine that at most one unit after division may partially or wholly continue the performance records of the unit before division in engaging in similar business.

The grade of the permit for a newly established unit after division shall be determined according to the conditions actually met in accordance with these Measures, but shall not be higher than the grade of the same type of permit of the unit before division.

In addition to the materials specified in Article 10, a newly established unit after division applying for a Grade I to Grade III permit for installation (repair, testing) of electric power facilities shall also provide the following materials:

(1) Certification materials for the division;

(2) Performance certification materials;

(3) The permit for installation (repair, testing) of electric power facilities of the original unit.

Chapter IV Acceptance, Review and Decision

Article 13 Upon receiving an application, the licensing authority shall review whether the application materials are complete and conform to the statutory form. The licensing authority has the right to require the applicant to explain or clarify the matters applied for.

Article 14 The licensing authority shall handle the licensing application submitted by the applicant according to the following circumstances:

(1) If the application materials contain errors that can be corrected on the spot, the applicant shall be allowed to correct them on the spot;

(2) If the application materials are incomplete or do not conform to the statutory form, a Notice of Correction of Application Materials shall be issued to the applicant on the spot or within 5 days, and all the contents that need to be corrected shall be notified at one time;

(3) If the application materials are complete and conform to the statutory form, or the applicant submits all the corrected application materials as required by the licensing authority, a Notice of Acceptance shall be issued to the applicant.

Article 15 The licensing authority shall complete the review of the applicant within 20 days from the date of acceptance, and decide whether to grant the permit according to the following provisions:

(1) If, upon review, the applicant's conditions meet the statutory conditions and standards, the licensing authority shall make a written decision to grant the permit in accordance with the law, and issue and deliver the permit to the applicant within 10 days from the date of the decision;

(2) If, upon review, the applicant's conditions do not meet the statutory conditions and standards, the licensing authority shall make a decision not to grant the permit in accordance with the law, notify the applicant in writing, and the notice shall state the reasons for not granting the permit.

Article 16 If the licensing authority deems it necessary to verify the substantive contents of the application materials during the review process, it shall assign more than 2 staff members to conduct on-site verification.

Article 17 If the licensing authority cannot make a decision within 20 days from the date of issuing the Notice of Acceptance, it may extend the period by 10 days with the approval of the person in charge of the licensing authority, and shall inform the applicant of the reasons for the extension.

Chapter V Change and Renewal

Article 18 Changes to permits for installation (repair, testing) of electric power facilities are divided into changes in licensing matters and changes in registration matters.

Changes in licensing matters refer to changes in the category and grade of the permit.

Changes in registration matters refer to changes in the name, domicile, legal representative and other matters of the licensee.

Article 19 An application for a change in licensing matters shall be submitted to the licensing authority; if the statutory conditions and standards are met, the licensing authority shall handle the change procedures in accordance with the provisions of these Measures.

Article 20 Under any of the following circumstances, an application for adding a permit category or upgrading the permit grade shall not be accepted within 1 year:

(1) The declared performance records are untrue;

(2) A major quality liability accident occurs within the quality guarantee period specified in the contract;

(3) A major safety liability accident occurs;

(4) Engaging in installation, repair or testing of electric power facilities beyond the licensed scope;

(5) Altering, reselling, leasing, lending the permit, or illegally transferring the permit in other forms.

Article 21 In addition to the materials specified in Article 10, Paragraph 1, Items (2) to (6) and Paragraph 2 of these Measures, an application for a change in licensing matters shall also provide the following materials: