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宁波市防御雷电灾害管理办法

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宁波市防御雷电灾害管理办法

浙江省宁波市人民政府


宁波市防御雷电灾害管理办法

(政府令〔2006〕142号)



  第一条 为了防御和减轻雷电灾害(以下简称防雷减灾),保护国家利益和人民生命财产安全,维护公共安全,保障经济建设和社会发展顺利进行,根据《中华人民共和国气象法》等有关法律、法规,结合本市实际,制定本办法。
  第二条 凡在本市行政区域内涉及防雷减灾活动的组织和个人,必须遵守本办法。
  本办法称防雷减灾,是指防御和减轻雷电灾害的活动,包括雷电和雷电灾害的研究、监测、预警预报、防护、防雷知识宣传教育以及雷电灾害的调查、鉴定和评估等。
  第三条 防雷减灾工作实行安全第一、预防为主、防治结合的方针,坚持统一规划、统一部署、统一管理的原则。
  第四条 市和县(市)、区气象主管机构负责本行政区域内防雷减灾工作的组织管理,其下设的防雷减灾机构负责防雷减灾的具体工作。
  未设气象主管机构的市辖区,其防雷减灾工作由市气象主管机构负责。
  发展改革、建设、规划、公安、安全生产监督、质量技术监督等有关行政主管部门应当按照各自职责,协助气象主管机构做好防雷减灾工作。
  第五条 市和县(市)、区人民政府应当加强对防雷减灾工作的领导,将防雷工作纳入当地经济和社会发展规划,加强雷电监测、预警系统建设,提高雷电灾害预警和防雷减灾能力。
  第六条 气象主管机构应当会同有关部门组织对防雷减灾技术、防雷产品以及雷电监测、预警系统的研究、开发和推广应用,开展防雷减灾科普宣传,增强全社会防雷减灾意识。
  气象主管机构所属的气象台站应当加强对雷电灾害性天气的监测,及时向社会发布雷电灾害性天气预报。
  第七条 下列建(构)筑物、场所或者设施必须安装符合技术规范要求的防雷装置,并与主体工程同时设计、同时施工、同时投入使用:
  (一)建筑物防雷设计规范规定的一、二、三类防雷建(构)筑物;
  (二)计算机设备和网络系统、电力、通信、广播电视设施,导航等公共服务的场所和设施;
  (三)易燃、易爆物品和化学危险物品的生产、储存场所和设施;
  (四)重要储备物资的储存场所;
  (五)法律、法规和规章以及相关技术规范规定应当安装防雷装置的其他建(构)筑物、场所和设施。
  第八条 从事防雷工程专业设计、施工、防雷装置检测的单位,应当依法取得相应的资质证书,并在资质许可的范围内从事防雷工程专业设计、施工、防雷装置检测活动。
  从事防雷工程专业设计、施工、防雷装置检测的技术人员,必须按照规定参加专业技术培训,经考核合格后取得相应的资格证书。
  防雷工程专业设计、施工、防雷装置检测必须执行国家防雷标准和技术规范。
  第九条 本行政区域内的重点工程、人员密集的公共建筑、爆炸危险环境等建设项目应当按规定开展雷击风险评估,以确保公共安全。
  雷击风险评估的具体规定由市人民政府另行制定。
  第十条 雷电防御装置的设计方案应当经气象主管机构审核;未经审核同意的,不得交付施工。
  建设、规划主管部门依法对必须安装防雷装置的建设工程实施行政许可时,应当要求建设单位提供由气象主管机构出具的防雷装置设计审核意见书。
  第十一条 气象主管机构应当自收到防雷装置设计文件审核申请之日起5个工作日内出具审核结论。
防雷装置设计文件不符合国家和省规定的防雷技术规范和技术标准的,建设单位应当按照审核结论进行修改并重新报送审核。
  第十二条 防雷装置施工单位应当按照经审核合格的防雷装置设计文件进行施工,并接受当地气象主管机构的监督管理。
  在施工中变更和修改防雷设计方案,应当按照原申请程序重新申请审核。
  第十三条 防雷装置建设单位应当根据施工进度,委托具有相应资质的防雷检测机构对防雷装置进行跟踪检测。检测机构应当记录检测数据,登记建档,出具检测报告,并对检测数据的真实性负责。检测报告作为竣工验收的技术依据。
  安装的防雷产品应当符合国务院气象主管机构规定的使用要求。
  第十四条 按照本办法规定安装的防雷装置竣工后,建设单位应当依照规定向当地气象主管机构申请验收。其中新建、改建、扩建的建筑工程竣工验收时,建设单位申请当地气象主管机构对其防雷装置同时进行验收。未经验收或者验收不合格的,不得投入使用。
  气象主管机构应当在受理验收申请之日起5个工作日内依法完成验收工作,出具验收结论。
  第十五条 按照本办法第七条规定安装的防雷装置,使用单位应当做好日常维护工作。石油、化工、易燃易爆物资的生产和贮存场所,其防雷装置每半年检测一次,其他重要单位的防雷装置每年检测一次。检测不合格的防雷装置,使用单位必须在限期内整改。
  第十六条 遭受雷电灾害的组织和个人应当及时向当地气象主管机构报告灾情,并积极协助气象主管机构对雷电灾害进行调查和鉴定。
  当地气象主管机构应当自接到雷电灾情报告之日起15个工作日内作出雷电灾害鉴定书。
  第十七条 申请单位隐瞒有关情况、提供虚假材料申请设计审核或者竣工验收许可的,县级以上气象主管机构不予受理或者不予行政许可,并给予警告。
  被许可单位以欺骗、贿赂等不正当手段通过设计审核或者竣工验收的,县级以上气象主管机构按照权限给予警告,撤销其许可证书,可以处3000元以上3万元以下罚款;构成犯罪的,依法追究刑事责任。
  第十八条 违反本办法规定,未取得防雷工程专业设计、施工资质或者防雷装置检测资质以及超出资质范围,擅自从事防雷工程专业设计、施工或者检测活动的,由县级以上气象主管机构责令停止违法行为,并可处2000元以上2万元以下的罚款;情节严重的,可处2万元以上5万元以下罚款;给他人造成损失的,依法承担赔偿责任。
  第十九条 违反本办法,有下列行为之一的,由县级以上气象主管机构给予警告,责令改正,并可处500元以上5000元以下罚款;情节严重的,可处5000元以上2万元以下罚款;构成犯罪的,依法追究刑事责任;给他人造成损失的,依法承担赔偿责任:
  (一)防雷装置设计文件未经审核或者不合格,擅自施工的;
  (二)防雷装置未经竣工检测或者竣工检测不合格擅自投入使用的;
  (三)防雷装置使用单位拒绝接受检测或者检测不合格又拒绝整改的;
  (四)应当安装防雷装置而拒不安装的。
  第二十条 违反本办法规定,导致雷击爆炸、人员伤亡和财产严重损失等雷击事故的,对直接负责的主管人员和其他直接负责人员依法给予行政处分;构成犯罪的,依法追究刑事责任。造成他人伤亡和财产损失的,应当依法承担赔偿责任。
  第二十一条 气象主管机构及其所属防雷减灾机构的工作人员,在防雷减灾工作中滥用职权、玩忽职守、徇私舞弊的,依法给予行政处分;构成犯罪的,依法追究刑事责任。
  第二十二条 本办法中下列用语的含义是:
  (一)雷电灾害,是指因直击雷、雷电感应、雷电波侵入等造成人员伤亡、财产损失;
  (二)防雷装置,是指具有防御直击雷、雷电感应和雷电波入侵性能并安装在建(构)筑等场所和设施的接闪器、引下线、接地装置、抗静电装置、电涌保护器以及其他连接导体等防雷产品和设施的总称。
  第二十三条 本办法自2007年1月1日起施行,2002年3月8日市人民政府发布的《宁波市防御雷电灾害管理办法》(市政府令第97号)同时废止。


外国保险机构驻华代表机构管理办法(英文版)

中国保险监督管理委员会


外国保险机构驻华代表机构管理办法(英文版)


Rules on Administration of Representative Offices of Foreign Insurance Institutions

Chapter I General Provisions

Article 1
These rules are formulated in accordance with the Insurance Law of the People’s Republic of China, and for the purpose of strengthening the administration of representative offices of foreign insurance institutions (hereinafter referred to as “representative offices”), and meeting the needs of the opening up of China’s insurance market to the outside world.

Article 2
Foreign insurance institutions hereof referred to in these rules are those insurance companies, reinsurance companies, insurance intermediaries, insurance associations, and other insurance organizations incorporated outside the territory of the People’s Republic of China.
Representative offices hereof referred to in these rules are both representative offices and general representative offices established by foreign insurance institutions within Chinese territory for the purpose of conducting such non-operational activities as liaison service and market research etc.
Chief Representative hereof referred to in these rules is the principal responsible person of the representative office, and the general representative is the principal responsible person of the general representative office.

Article 3
Representative offices shall abide by Chinese laws and regulations and related regulations made by China Insurance Regulatory Commission (hereinafter referred to as “CIRC”) and their legitimate rights and interests are protected by Chinese laws.

Article 4
CIRC is authorized by law and the State Council to perform regulatory responsibilities over the representative offices.
Under the authorization scope of CIRC, the local branch offices of CIRC take general regulation of those representative offices that are located in their jurisdictions on behalf of CIRC.

Chapter Ⅱ Application and Establishment

Article 5
Foreign insurance institutions (hereinafter referred to as “the applicant”) applying to establish a representative office shall satisfy the following requirements:
(1) Good business performance;
(2) No record of any major violation of laws and regulations within three years prior to the application date;
(3) Other prudential requirements stipulated by CIRC.

Article 6
The formal application form for the establishment of representative office is provided by CIRC.

Article 7
The applicant shall submit the following documents:
(1) The formal application form;
(2) A letter of application addressed to the Chairman of CIRC and signed by its Chairman of the Board of Directors or General Manager of the concerned insurance institution;
(3) A photocopy of the business license or the certificate of authorization for insurance business, or the registry certificate issued by the relevant regulatory authorities of its home country or territory;
(4) Articles of association and the name list of the members of the Board of Directors, management personnel or principal partners;
(5) Annual reports of the last three years prior to the application;
(6) A letter of permit issued by the competent authority of its home country or territory allowing it to set up a representative office in China, or a letter of recommendation from the industrial association of which the applicant is a member, and both types of letters shall contain information about the penalty records of the applicant received within three years prior to the application;
(7) A power of attorney signed by the Chairman of the Board or General Manager for the chief representative designated;
(8) The resume of the designated chief representative and other relevant supporting documents;
(9) Other documents and materials required by CIRC.
The photocopy of the business license or the certificate of authorization for insurance business, or the registry certificate shall be subject to notarization certified by the applicant’s home country or territory or verification by the resident Embassy or Consulate of the People’s Republic of China in the applicant’s home country or territory.

Article 8
The applicant shall submit its application documents to CIRC. CIRC shall handle all the applications according to the following conditions:
(1) If the document has a mistake (mistakes) that can be corrected on the spot, the applicant shall be allowed to make the correction on the spot;
(2) If the document is incomplete or does not comply with regulatory formats, the applicant shall be informed on the spot or within five days of all the required corrections at one time. If the applicant is not informed of such information in this period, then it is assumed that the application is accepted for review on the day it is received by CIRC;
(3) If the document is complete and complies with regulatory formats, or after the applicant, upon request, has submitted additional documents and made necessary corrections, then the application shall be accepted for review.
Whether or not CIRC accepts the application for review, CIRC shall issue a written document with designated stamp and date indicated.

Article 9
Within 20 days from the date of receiving the application letter, CIRC shall make a decision on whether or not to approve. If the decision can not be made in the said 20 days, at the approval of the Chairman of CIRC, the said period can be extended 10 more days and the applicant shall be informed of reasons for the extension.
If CIRC decides to accept the application, it shall issue an approval document; in case of disapproval, CIRC shall state reasons in a written document.

Article 10
After a representative office receiving the official document of approval, it shall register with the State Administration of Industry and Commerce in line with relevant rules.
The representative office shall move into its official premises within three months from the date on which the approval document is issued; the approval document shall automatically become invalid if the said deadline is not observed.

Article 11
Any foreign insurance institution that has already established no less than two representative offices in China shall be allowed to apply to CIRC to appoint one of its representative offices as a general representative office.

Article 12
In applying to appoint the general representative office, foreign insurance institutions shall submit a letter of application addressed to the Chairman of CIRC and signed by its Chairman of the Board of Directors or General Manager of the concerned insurance institution.
The application for setting up a general representative office is subject to the same rules governing the application of a representative office.

Chapter Ⅲ Supervision and Administration

Article 13
The official title of the representative office shall be arranged in the following order: name of the foreign insurance institution + name of the city where the representative office is to be located + representative office; The official title of the representative office shall be arranged in the following order: name of the foreign insurance institution + general representative office in China.

Article 14
Except the principal responsible person, other major staff members shall be entitled “Representative” or “Deputy Representative”.

Article 15
Employees of representative office shall abide by Chinese laws and regulations, with high integrity and clean record.

Article 16
A general representative shall have a work experience above 8 years and hold a junior college degree or a higher academic degree; a chief representative shall have a work experience above 5 years, and hold a junior college degree or a higher academic degree.
Without a junior college degree, the general representative or chief representative shall have a work experience above 10 years in the insurance business.

Article 17
A maximum of three employees of foreign nationality are allowed in each representative office.

Article 18
A representative office and its employees shall not enter into any agreement or contract with any legal or natural persons, which might generate an income to the representative office or the foreign insurance institution it represents, and shall not be involved in business activities of any kind.

Article 19
A representative office shall have official premises, necessary office facilities and full-time staff.

Article 20
The General Representative or Chief Representative shall not work in two or more representative offices or any business institution in China.

Article 21
The General Representative or Chief Representative shall attend to the daily activities of the representative office on a permanent basis. If he or she consecutively stays away from the representative office for a period or more than one month, he or she shall delegate his or her responsibility as the General Representative or Chief Representative to a person specially appointed, and submit a written report to the local branch office of CIRC.

Article 22
A representative office shall submit two copies of its annual work report of the previous year before the end of each February to the CIRC’s local branch office, who shall then forward the report to CIRC’s head office.
The work report shall follow the format prescribed by CIRC.

Article 23
A representative office shall submit the annual report of the foreign insurance institution it represents to both CIRC and CIRC’s local branch office within six months after the end of each accounting year of the foreign insurance institution.

Article 24
If any following major event occurs in an insurance institution that has maintained a representative office in China, the representative office shall, within 10 days after the occurrence of the event, submit a written report to CIRC and copy the report to CIRC’s local branch office.
(1) A change in its articles of association, register capital, and registered business address;
(2) Division or merger or change of top management;
(3) Serious losses resulted in business operation;
(4) Penalties imposed for violations of laws and regulations;
(5) Major regulatory actions taken against it by the regulatory authorities of its home country or territory;
(6) Other matters which may seriously disrupt business operation of the foreign insurance institution.

Article 25
In case of changing a General Representative or Chief Representative, the representative office shall apply to CIRC, and submit the following documents:
(1) A letter of application addressed to the Chairman of CIRC, and signed by its Chairman of the Board of Directors or General Manager of the concerned insurance institution;
(2) Power of attorney of the proposed General Representative or chief representative signed by the Chairman of the Board of Directors or General Manager;
(3) Proof of personal identity certificates, certificate of academic degree and resume of the proposed General Representative or Chief Representative.

Article 26
If a foreign insurance institution intends to terminate its representative office’s operation, it shall submit a letter of application addressed to the Chairman of CIRC, and signed by its Chairman of the Board of Directors or General Manager of the concerned insurance institution.

Article 27
If a foreign insurance institution intends to change the name of its representative office, it shall submit a letter of application addressed to the Chairman of CIRC, and signed by its Chairman of the Board of Directors or General Manager of the concerned insurance institution, together with other relevant proving documents about the renaming.

Article 28
Under the situation stipulated in Article 25, Article 26, and Article 27, CIRC shall make a decision on whether to approve or disapprove of the application within 20 days from the date of receiving a complete set of application documents.
If a decision of approval is made, it shall issue an approval document; if a decision of disapproval is made, it shall notify the applicant in writing and give the reasons.

Article 29
A representative office can change its office location within the same administrative area it resides only.
The concerned representative office shall submit CIRC’s local branch office of its new office address, telephone and fax numbers within 5 days from the date of changing.

Article 30
In case of changing, increasing or reducing the number of Representatives, Deputy Representatives, or foreign employees, the concerned representative office shall report to CIRC’s local branch office within 5 days from the date of changing, and submit the proof of personal identity certificates, certificate of academic degree and resume of the nominated personnel.

Article 31
When a representative office is approved to be changed to a general representative office, the original representative office is cancelled automatically. The general representative office shall apply to the State Administration of the Industry and Commerce for cancellation of the registration of the representative office within one month from the date of CIRC’s approval within one month from the date of CIRC’s approval.

Article 32
If a general representative office is the only representative office in China after the insurance institution it represents withdraws all other representative offices, the general representative office shall be changed into a representative office.
The general representative office shall apply to CIRC by submitting an application letter regarding such change signed by the Chairman of the Board of Directors or General Manager of the concerned foreign insurance institution. Within 20 days from the date of receiving the application letter, CIRC shall make a decision on whether or not to approve. If CIRC decides to accept the application, it shall issue an approval document; in case of disapproval, CIRC shall state reasons in a written document.
When a general representative office is approved to be changed to a representative office, the original general representative office is cancelled automatically. The representative office shall apply to the State Administration of the Industry and Commerce for cancellation of its registration within one month from the date of CIRC’s approval.

Article 33
After a representative office of the foreign insurance institution is terminated by the CIRC, all the issues left unsettled shall be taken over and handled by its general representative office in China; if there is no such a general representative office, responsibilities on all issues left unsettled shall be taken over and handled by the foreign insurance institution’s other representative offices in China; if there is no any other representative office in China, responsibilities on all issues left unsettled shall be borne by the foreign insurance institution itself.

Article 34
CIRC and its local branch offices conduct general supervision and annual inspection over the representative offices of foreign institutions in regard to the following issues:
(1) The completeness of the procedures for the changes made by the representative office;
(2) The truthfulness of the documents and materials submitted to CIRC;
(3) The completeness of the procedures for the appointments or changes of staff members of representative offices;
(4) Whether or not representative offices are conducting business activities;
(5) Other items required by CIRC and its local branch offices.

Chapter Ⅳ Legal Liability

Article 35
Any representative office established without approval, in violation of certain provisions of these Rules, shall be banned by CIRC in accordance with law.

Article 36
If a representative office is engaged in financial business activities in violation of these Rules, it shall be punished by CIRC in line with relevant laws and regulations. If a representative office is engaged in profit-seeking operational activities other than insurance business, it shall be imposed a disciplinary warning or a fine below RMB 300,000 yuan.

Article 37
If a representative office fails to submit relevant reports or documents as stipulated in Article 22, 23, 24 of these Rules to CIRC, it shall be imposed a warning and ordered to make correction by CIRC’s local branch office.

Article 38
Employees of a representative office being with direct responsibility for activities violating these Rules shall be imposed by CIRC with a disciplinary warning and /or a fine below RMB 5000 yuan, according to the seriousness of the cases.

Article 39
CIRC may issue a disciplinary warning to a representative office involved in providing false information or concealing important facts.

Article 40
CIRC may order the representative offices, found in violation of other provisions stipulated in these Rules, to make corrections; those who do not make corrections within a prescribed time period shall be issued a disciplinary warning.

Chapter Ⅴ Supplementary Provisions

Article 41
These Rules shall, mutatis mutandis, apply to the representative offices established in the mainland by insurance institutions from the Hong Kong Special Administrative Region, the Macao Special Administrative Region, and Taiwan region.

Article 42
These Rules shall, mutatis mutandis, apply to the resident offices of foreign insurance institutions approved to establish in China by CIRC.

Article 43
The terms “above”, “below” and “within” used to indicate a threshold number shall include the number itself.

Article 44
The approval and reporting periods prescribed in these Rules concerning licensing and reporting periods refer to working days, which exclude weekends and public holidays.

Article 45
CIRC shall be responsible for the interpretation of these Rules.

Article 46
These Rules shall be effective as of March 1, 2004, and the Rules on Administration of Representative Offices of Foreign Insurance Institutions, issued by CIRC on November 26, 1999 shall be repealed simultaneously.




农业部畜牧总局关于严防非洲猪瘟传入我国的紧急联合通知的补充函

农业部


农业部畜牧总局关于严防非洲猪瘟传入我国的紧急联合通知的补充函

         ((79)农业(牧医)字第252号)

 

各省、市、自治区畜牧(农业、农牧)局,各口岸动植物检疫所(站):

  为了更好地贯彻七部一局“关于严防非洲猪瘟传入我国的紧急联合通知”,现将世界各国近年来发生非洲猪瘟的国家(附件)通知你们,希口岸动植物检疫所可与有关单位相互配合做好非洲猪瘟的防范工作。

  附件:近年来发生非洲猪瘟的国家

 

                         一九七九年七月七日

 

附件:

            近年来发生非洲猪瘟的国家

 

  1、葡萄牙

  2、西班牙

  3、安哥拉

  4、埃塞俄比亚

  5、赞比亚

  6、扎伊尔

  7、马拉维

  8、佛得角群岛

  9、多哥

  10、莫三鼻给

  11、罗得西牙

  12、南非

  13、马耳他

  14、巴西

  15、古巴

  16、意大利(撒丁岛)

  17、多米尼加

  18、海地