Measures for the Administration of Permits for Installation, Repair and Testing of Electric Power Facilities
Introduction to the Measures
In order to strengthen the administration of permits for installation, repair and testing of electric power facilities, maintain the market order for installation, repair and testing of electric power facilities, and regulate the licensing activities for installation, repair and testing of electric power facilities, these Measures are formulated in accordance with the Regulations on Power Supply and Use and relevant state regulations. The application, acceptance, review, issuance, administration and supervision of permits for installation, repair and testing of electric power facilities shall be governed by these Measures. 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 and testing of electric power facilities nationwide. The dispatched institutions 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 and testing of electric power facilities within their respective jurisdictions.
Promulgation of the Measures
Order No. 6 of the State Electricity Regulatory Commission
The Measures for the Administration of Permits for Installation, Repair and Testing of Electric Power Facilities, which have been adopted at the executive meeting 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 relevant state regulations for the purpose of strengthening the administration of permits for installation, repair and 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 and testing of electric power facilities.
Article 2 The application, acceptance, review, issuance, administration and supervision of permits for installation, repair and testing of electric power facilities shall be governed by these Measures. 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 and testing of electric power facilities nationwide. The dispatched institutions 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 and testing of electric power facilities within their respective jurisdictions.
Article 4 Any entity engaged in the business of installation, repair and testing of electric power facilities within the territory of the People's Republic of China shall obtain a permit for installation, repair and 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 and testing of electric power facilities without obtaining a permit for installation, repair and testing of electric power facilities.
For the purpose of these Measures, installation, repair and testing of electric power facilities refers to the installation, maintenance and testing of electric power facilities for power transmission, power supply and power reception.
Article 5 Units that have obtained permits for installation, repair and testing of electric power facilities may carry out business activities in accordance with the law and are protected by law.
Chapter II Classification and Grading
Article 6 Permits for installation, repair and testing of electric power facilities are divided into three categories: installation, repair and testing.
Entities that have obtained an installation-type permit for installation of electric power facilities may engage in the installation business of electric power facilities.
Entities that have obtained a repair-type permit for repair of electric power facilities may engage in the maintenance business of electric power facilities.
Entities 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 and testing of electric power facilities are divided into five grades: Grade I, Grade II, Grade III, Grade IV and Grade V.
Entities that have obtained a Grade I permit for installation, repair and testing of electric power facilities may engage in the installation, maintenance or testing business of electric power facilities at all voltage levels.
Entities that have obtained a Grade II permit for installation, repair and testing of electric power facilities may engage in the installation, maintenance or testing business of electric power facilities at voltage levels below 220 kV.
Entities that have obtained a Grade III permit for installation, repair and testing of electric power facilities may engage in the installation, maintenance or testing business of electric power facilities at voltage levels below 110 kV.
Entities that have obtained a Grade IV permit for installation, repair and testing of electric power facilities may engage in the installation, maintenance or testing business of electric power facilities at voltage levels below 35 kV.
Entities that have obtained a Grade V permit for installation, repair and testing of electric power facilities may engage in the installation, maintenance 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 and testing of electric power facilities shall be submitted to the licensing authority at the place where the applicant is located.
Units that install, repair and test electric power facilities, after obtaining a permit for installation, repair and testing of electric power facilities issued by the licensing authority, may apply to the administrative department for industry and commerce for a business license or for a change in the scope of business.
Article 9 An application for a permit for installation, repair and 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 related 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 and 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.
An application for a permit for installation, repair and testing of electric power facilities shall meet the specific conditions specified in the Annex to these Measures, the Standards for Grades of Permits for Installation, Repair and Testing of Electric Power Facilities.
Article 10 An application for a permit for installation, repair and 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 major 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 certification documents of their professional and technical qualifications;
(6) A registration form for electrician workers.
Applicants for Grade I to Grade III permits for installation, repair and testing of electric power facilities shall also provide performance reports and relevant certification materials for 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 and 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 held by any of 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 and testing of electric power facilities shall also provide the following materials:
(1) Certification materials for the merger;
(2) The permits for installation, repair and 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 and 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 and 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 and 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 application matters.
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, the applicant shall be issued a Notice of Correction of Application Materials 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 if 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 make a decision on 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, in accordance with the law, make a written decision to grant the permit, 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, in accordance with the law, make a decision not to grant the permit, and notify the applicant in writing, stating the reasons for the refusal in the notice.
Article 16 If, during the review process, the licensing authority considers it necessary to verify the substantive contents of the application materials, 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 Modification and Renewal
Article 18 The modification of a permit for installation, repair and testing of electric power facilities is divided into modification of licensing matters and modification of registration matters.
Modification of licensing matters refers to changes in the category and grade of the permit.
Modification of registration matters refers to changes in the name, address, legal representative and other matters of the licensee.
Article 19 An application for modification of licensing matters shall be submitted to the licensing authority; if the statutory conditions and standards are met, the licensing authority shall handle the modification 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 raising the permit grade shall not be accepted within 1 year:
