TSG 07-2019/XG2-2024 Regulation for Production and Filling Licensing of Special Equipment,includes Amendment 2
1 General provisions
1.1 Purpose and basis
The Regulation is formulated based on relevant laws and regulations such as Special Equipment Safety Law of the People's Republic of China, Administrative Licensing Law of the People's Republic of China and Regulations on Safety Supervision of Special Equipment to regulate the production (design, manufacturing, installation, reformation and repair) and filling licensing of special equipment.
1.2 Application scope
The Regulation is applicable to the design, manufacturing, installation, reformation, repair and filling licensing of special equipment used within the territory of the People's Republic of China.
1.3 Licensing entity
The entities performing the production and filling licensing of special equipment are the State Administration for Market Regulation and the department of provincial people's government in charge of the special equipment safety supervision and administration (the State Administration for Market Regulation, hereinafter referred to as “SAMR”, and the department of provincial people's government in charge of the special equipment safety supervision and administration, hereinafter referred to as the provincial special equipment safety supervision and administration department, are hereinafter collectively referred to as the issuing authority).
1.4 Licensing catalog
The categories, items, sub-items, parameters and levels (hereinafter collectively referred to as licensing scope) and the issuing authority of the production and filling licensing of special equipment are implemented in accordance with the Production Licensing Catalog of Special Equipment issued by the SAMR; the types, categories and varieties of equipment in licensing items and sub-items are implemented in accordance with the Special Equipment Catalog.
1.5 License and its validity period
The special equipment licenses include the "Production License of Special Equipment of the People's Republic of China” and the "Filling License of Transportable Pressure Vessel/Cylinder of the People's Republic of China" (hereinafter referred to as “licenses”, with formats shown in Annex A), of which, the validity period is 4 years.
2 Licensing conditions
2.1 General requirements
The applicant of production and filling license of special equipment (hereinafter referred to as the applicant) shall have legal qualification and the resources suitable for licensing scope, establish and effectively implement the quality assurance system and safety management system suitable for the licensing scope, and be equipped with the technical capability of ensuring the safety performance of special equipment.
2.1.1 Resources
The applicant shall have the following resources suitable for licensing scope and meeting the production needs:
(1) personnel, including management personnel, technical personnel, testing personnel, operating personnel, etc.;
(2) workplaces, including sites, factories, offices, warehouses, etc.;
(3) equipment and facilities, including production (filling) equipment, technological equipment, testing instruments, test apparatus, etc.;
(4) technical data, including design documents, technological documents, construction schemes, inspection procedures, etc.;
(5) regulations and standards, including laws, regulations, rules, safety technical regulations and relevant standards.
Specific resources and requirements are detailed in Annexes B~L of the Regulation respectively.
2.1.2 Quality assurance system
The applicant shall, in accordance with the requirements of the Regulation, establish a quality assurance system suitable for the licensing scope and implement it effectively; thereof, the quality assurance system of the special equipment manufacturing, installation, reformation and repair units shall conform to the requirements of Annex M "Basic requirements for quality assurance system of special equipment production unit", that of pressure vessel and pressure pipeline design units shall conform to the requirements of C1.4 and E1.4, and that of transportable pressure vessel and cylinder filling units shall conform to the requirements of C3.7 and D2.7.
2.1.3 Technical capability ensuring safety performance and filling safety of special equipment
The applicant shall be equipped with technical capability ensuring the safety performance and filling safety of special equipment, and carry out product design, manufacturing, installation, reformation, repair and filling activities in accordance with the requirements of the safety technical regulations for special equipment and relevant standards.
2.2 General requirements for resources
2.2.1 Personnel
The technical personnel in resources shall have professional education background in science and technology, obtain technical titles of relevant discipline and have relevant working experience.
The safety management personnel, testing personnel and operating personnel in resources, where included in the administrative licensing of special equipment, shall obtain the corresponding qualification certificate for special equipment personnel.
For the engineering and technical title requirements for personnel in resources, the personnel without corresponding engineering and technical title shall have corresponding academic qualification in science and technology and technical working years. See Table 2-1 for comparison between the engineering and technical titles and the academic qualification and technical working years.
Table 2-1 Comparison between the engineering and technical titles and the academic qualification and technical working years (Note 1)
Engineering and technical title Academic qualification and technical working years
Doctor graduate Master graduate Bachelor graduate Junior college graduate
Senior engineer Working for more than 4 years Working for more than 10 years Working for more than 13 years Working for more than 15 years
Engineer Working for more than 1 year Working for more than 4 years Working for more than 7 years Working for more than 9 years
Assistant engineer — Working for more than 1 year Working for more than 2 years Working for more than 3 years
Note 1: technical work refers to the work related to the production, filling, inspection, testing, use and management of corresponding special equipment. The senior technician and technician may be equivalent to engineer and assistant engineer respectively; the technical working year requirements for graduates from technical secondary school may be implemented by reference to those of junior college graduates.
2.2.2 Lease of workplaces, equipment and facilities
2.2.2.1 Workplaces
The sites, factories, offices and warehouses of the production and filling units may be leased. If the workplace is leased, the parties shall sign a lease contract, of which, the lease term shall cover the validity period of the applied license; moreover, the lessor's land use certificate and property ownership certificate or other valid certificates issued by the land management department shall be provided.
2.2.2.2 Equipment and facilities
Generally, the production (filling) equipment (except the lifting equipment attached to the factories), technological equipment, testing instruments and test apparatus required by resources of the production and filling units are not allowed to be leased. Any other requirements in Annexes B~L, if available, shall prevail.
2.2.3 Outsourcing (subcontracting)
(1) The outsourcing of works such as design, material pretreatment, heat treatment, non-destructive testing and physical and chemical inspection shall meet the requirements of Annexes B~L;
(2) Where outsourcing is allowed, the entrusted unit shall be equipped with corresponding capability. The non-destructive testing and the design of pressure vessel and pressure pipeline shall be outsourced to the unit (organization) having obtained corresponding qualification for special equipment, but shall not be outsourced to its own inspection organization in charge of supervision, inspection and type test; the entrusting unit shall sign a contract (agreement) with the entrusted unit to determine the specific items and detailed requirements of the outsourcing; the entrusting unit is responsible for the quality control of outsourcing and incorporates into the control scope of its quality assurance system.
(3) For the works to be outsourced, the personnel and equipment resources directly related to the outsourced work are not required. Any other requirements in Annexes B~L, if available, shall prevail; the entrusting unit shall be equipped with responsible personnel of corresponding quality control system (if subjected to the quality control system requirements).
2.2.4 Conditions sharing
2.2.4.1 The same unit
(1) For the same applicant applying for different licensing items, the corresponding licensing conditions specified in Annexes B~L are allowed to be shared;
(2) Where the same licensing sub-item product is jointly completed in multiple manufacturing addresses (Note 2) of the same applicant, the sum of resources of such addresses shall meet the licensing conditions specified in Annexes B~L (any other requirements in Annexes B~L, if available, shall prevail), and a unified quality assurance system shall be established.
Note 2: multiple manufacturing addresses shall comply with the requirements of 3.2.2.
2.2.4.2 Companies and subsidiaries (companies and branches)
(1) For a company applying for a license, with the consent of its subsidiary, the subsidiary may be specified as a manufacturing address in the license, but may not apply for a license separately, and the licensing conditions specified in Annexes B~L may be shared; if a company and its subsidiary apply for licenses separately, the licensing conditions specified in Annexes B~L may not be shared;
(2) A company and its branch, where engaged in relevant licensing activities, may apply for a license in the name of the company or separately; when applying for a license in the name of the branch, the branch shall be authorized by the company legal person; if a company applies for a license with its branch as resource, the branch address shall be specified in the license, and the licensing conditions specified in Annexes B~L may be shared; if a company and its branch apply for licenses separately, the licensing conditions specified in Annexes B~L may not be shared;
(3) The situations described in Items (1) and (2) of this article, when involving multiple manufacturing addresses, shall also meet the requirements of 2.2.4.1(2).
3 Licensing procedures and requirements
3.1 Licensing procedures
Licensing procedures include application, acceptance, appraisal and review, examination and license issuance.
3.2 Application
3.2.1 General requirements
Online application is adopted. The applicant shall fill in and submit the Application form for production and filling license of special equipment (hereinafter referred to as "application form"), provide the following scanning data (without the original), and apply to the corresponding issuing authority:
(1) the business license of the applicant (when online verification is unavailable);
(2) the “List of applied licensing items” in the application form signed by the legal representative (principal responsible person) and stamped with the official seal of the applicant;
(3) the original license (only when applying for additional items, changing the licensing level or renewing the licenses, and when online verification is unavailable);
(4) the written authorization document of the company legal person (applied by the branch separately).
If online application cannot be implemented due to special circumstances, a written application (in triplicate) attached with the data mentioned above (a copy of each of them, stamped with the official seal of the unit), may be submitted.
3.2.2 Requirements for application with multiple addresses
Where the license is granted by the provincial special equipment safety supervision and administration department, the applicant, with its address and manufacturing address or multiple manufacturing addresses in different provinces (autonomous regions or municipalities), shall apply to the provincial special equipment safety supervision and administration department of the region where its manufacturing address is located.
3.3 Acceptance
3.3.1 Acceptance
The issuing authority shall accept the application within 5 working days upon receiving the application data which are complete and conform to the legal form, and issue an electronic (or written) Special equipment administrative license acceptance decision (hereinafter referred to as "acceptance decision"). The name and contact information of the entrusted appraisal and review organization (Note 3) shall be indicated in the acceptance decision. The issuing authority shall notify the entrusted appraisal and review organization of the relevant acceptance information simultaneously when issuing the acceptance decision.
Foreword i
1 General provisions
2 Licensing conditions
3 Licensing procedures and requirements
4 Supplementary provisions
Annex A Format of Production License of Special Equipment
Annex B Licensing conditions for production unit of boilers
Annex C Licensing conditions for pressure vessel production units and transportable pressure vessel filling units
Annex D Production and filling licensing conditions of cylinder
Annex E Licensing conditions for pressure pipeline production unit
Annex F Licensing conditions for production unit of safety accessories
Annex G Licensing conditions for elevator production unit
Annex H Licensing conditions for production unit of lifting appliance
Annex J Licensing conditions for production unit of passenger ropeways
Annex K Licensing conditions for production unit of large-scale amusement devices
Annex L License conditions for production unit of special purpose motor vehicles in defined fields
Annex M Basic requirements for quality assurance system of special equipment production unit
