|
e01441
State Administration of Foreign Exchange
Implementation Rules for the Measures for the Administration of Verification and Writing-Off of Export Proceeds in Foreign Exchange
HuiFa [2003] No.107
September 8, 2003
Chapter 1 General Provisions
Article 1
The present Implementation Rules are hereby enacted for the purpose of earnestly implementing the Measures for the Administration
of Verification and Writing-Off of Export Proceeds in Foreign Exchange (HuiFa [2003] No.91) printed and distributed by the State
Administration of Foreign Exchange (SAFE) and to strictly regulating the administration of verification and writing-off of export
proceeds in foreign exchange (hereinafter referred to as the verification).
Article 2
SAFE and the branches and sub-branches thereof (hereinafter referred to as foreign exchange administrations) are the departments in
charge of the administration of the verification.
Article 3
The verification shall apply the principle of locality jurisdiction, namely, the exporter shall make the record registration, apply
for the verification forms, and make the verification with the foreign exchange administration of the place where it is located.
Article 4
The foreign exchange administrations shall apply classified administration of exporters on the basis of the annual assessment of their
completion of verification, their reporting rates of international balance, their export and trade methods, and their methods of
collection of export proceeds in foreign exchange (hereinafter referred to as collection of proceeds), as well as their compliance
with the policies of the state on foreign exchange administration and in light of the opinions of the relevant departments in charge
of the administration of the exporters, and shall respectively apply the administration methods of automatic verification, group
verification, and one-by-one verification.
Article 5
The foreign exchange administrations shall apply the administration system of verification officers. The obtaining of verification
forms and the making of verification of the exporter shall be under the charge of the verification officer of that exporter. The
measures for the administration of verification officers shall be formulated by the branches of SAFE in light of the actualities
of their respective areas, and be carried out after being reported to SAFE for record.
Chapter 2 Record Registration of Exporters
Article 6
The exporter shall, after acquiring the management right of export business, subscribe to “China Electronic Port” with the customs
office, and make the electronic certification of the enterprise legal person IC card of “China Electronic Port” and the enterprise
operator IC card of “China Electronic Port” with the relevant administrations.
Article 7
The exporter shall submit the following documents to the foreign exchange administration when making the record registration of verification:
(1)
The letter of introduction and written application of the exporter;
(2)
The original and copy of the Certificate of Qualification of Import and Export Enterprises of the People’s Republic of China, or the
Certificate of Approval for Foreign-Funded Enterprises of the People’s Republic of China, or the Certificate of Approval for Enterprises
Funded by Investors from Hong Kong, Macao, or by Overseas Chinese Investors of the People’s Republic of China;
(3)
The Business license of Enterprise Legal Person (counterpart) or the Business License of Enterprise (counterpart) and the copy thereof;
(4)
The original and copy of the Certificate of Organization Code of the People’s Republic of China;
(5)
The original and copy of the certificate of customs registration; and
(6)
Other documents as required by the foreign exchange administration.
The foreign exchange administration shall, after examining the aforesaid documents and ensuring there isn’t any mistake, make the
registration for the exporter and establish the electronic archive information of the exporter.
Article 8
The exporter shall, if its electronic archive information registered with the foreign exchange administration is altered, by taking
the notices of alteration issued by the relevant administrations, make the alteration registration with the foreign exchange administration
within 1 month after making the alteration registration with the administrations of industry and commerce, and customs, and the foreign
exchange administration shall alter the purview of the IC card of that exporter at “China Electronic Port”.
Article 9
Where the exporter terminates its business or is disqualified from foreign trade business, it shall, by taking the relevant documents
issued by the relevant administrations, make the cancellation registration with the foreign exchange administration within 1 month,
and the foreign exchange administration shall cancel the purview of the IC card of that exporter at “China Electronic Port”.
Chapter 3 Administration of Verification Forms
Article 10
The verification forms shall be issued level by level by the designated personnel. SAFE shall issue the verification forms to its
branches, which shall issue the verification forms to the central sub-branches under their respective administration, and the aforesaid
central sub-branches shall issue the verification forms to the sub-branches under their respective administration. The foreign exchange
administrations shall issue the verification forms to the exporters under their respective administration.
Article 11
The exporter shall, before obtaining the verification forms with the foreign exchange administration, file an application for the
verification forms with the foreign exchange administration through the “System of Collection of Export Proceeds in Foreign Exchange
of China Electronic Port” (hereinafter referred to as the System of Collection of Proceeds) according to the actual needs of its
business, and the verification officer of that exporter shall, by taking the operator IC card of “China Electronic Port” of his own
and other prescribed certificates, obtain the verification forms with the foreign exchange administration.
Article 12
A foreign exchange administration shall issue the verification forms to the exporter on the basis of the number of forms applied for
by that exporter and the verification assessment grade, and shall transmit the electronic record data of the verification forms to
the data center of “China Electronic Port”.
Article 13
A foreign exchange administration may adjust the number of forms to be issued according to the verification assessment grade and the
daily business operations of the exporter. If the exporter is assessed as an “honorable enterprise of collection of proceeds” or
a “qualified enterprise of collection of proceeds”, the verification forms shall be issued to it according to its needs, whereas
the issuance of verification forms shall be restricted if that exporter is assessed as a “risky enterprise of collection of proceeds”
or a “highly risky enterprise of collection of proceeds”, or if it has committed any other serious violation of the provisions on
foreign exchange administration.
Article 14
The exporter shall give the signature when obtaining the verification forms. Blank verification forms shall be continuously valid.
Article 15
The exporter shall, before formally using the verification forms, affix on them the bar seal of entity name and organization code
and affix its official seal on between the pages of the form.
Article 16
Where all the goods stated on a verification form are shut out, or the verification form is filled in erroneously, the exporter shall
write off that form with the foreign exchange administration within 3 months.
Article 17
Where the exporter terminates its business, or is disqualified from foreign trade, or is merged or split, it shall make the verification
according to the following provisions:
(1)
Where the exporter no longer runs the export business as a result of terminating its business or being disqualified from foreign trade,
it shall return the unused verification forms to the foreign exchange administration for writing-off within 1 month. The foreign
exchange administration shall stop issuing verification forms to that exporter and shall prohibit the use of those forms that have
been issued, but remained unused and have not been returned to the foreign exchange administration.
(2)
Where the exporter no longer runs the export business as a result of merger or splitting, it shall return the unused verification
forms to the foreign exchange administration for writing-off within 1 month. The foreign exchange administration shall prohibit the
use of those forms that have been issued to that exporter, but remained unused and have not been returned to the foreign exchange
administration.
(3)
Where the exporter continues to run the export business as a result of merger or splitting, it shall return the unused verification
forms to the foreign exchange administration for writing-off within 1 month and shall continue to assume the verification of the
former exporter according to the agreement on merger and splitting.
Article 18
Where the exporter commits any serious violation of the provisions of foreign exchange administration or is involved in any other
special circumstances, the foreign exchange administration may prohibit the verification forms that have been obtained but unused
by that exporter.
Chapter 4 Export Customs Declaration
Article 19
The exporter shall, before making the customs declaration, put on record the verification forms with the customs office of the place
where the declaration is to be made through the “System of Collection of Proceeds”.
Article 20
The exporter shall fill in the verification forms accurately and completely, the contents of which shall be consistent with the relevant
contents stated on the certification pages of the customs declaration forms of collection of export proceeds (hereinafter referred
to as declaration forms).
Article 21
The exporter shall, when making the customs declaration, faithfully report to the customs office the transaction method, and on the
basis of that method, report the transaction price, amount, freight and insurance premium, as well as the number of the processing
trade contract, and shall ensure the truthfulness and completeness of the data declared.
Article 22
Where the regulation requires the use of verification forms for export customs declaration, the customs office shall examine the verification
forms and other declaration documents submitted by the exporter, and after checking the electronic records of the verification forms
and ensuring there is no mistake, process the clearance formalities for the exporter.
Article 23
The customs office shall, when processing clearance formalities for the exporter, affix the “test-over seal” in the column of “customs
verification and clearance” on the verification form, and write off the electronic record data of the verification form with the
remark of “used”. It shall, after the clearance, issue the declaration forms marked with the numbers of the verification forms to
the exporter if the exporter so applies, and transmit the writing-off of the electronic records of the verification forms, and the
electronic records of the customs declaration forms, etc., to SAFE through the data center of “China Electronic Port”.
Article 24
The customs office shall, when issuing the customs declaration form, ensure that the numbers of the verification forms correspond
to those of the declaration forms one by one.
Article 25
The exporter shall, after the customs declaration and export, tender the verification forms that have been used in the customs declaration
to the foreign exchange administration through the System of Collection of Proceeds.
Chapter 5 Collection of Proceeds
Article 26
The exporter shall, after exporting the goods, collect the price in good time and full amount pursuant to the time and method of collection
stipulated in the export contract, and the total transaction price stated on the declaration form. In the case of spot collection,
the export proceeds shall be collected within 180 days after the clearance of the goods, and in the case of forward collection, the
proceeds shall be collected within the time limit as recorded for forward.
Article 27
With respect to the settlement or entry of account of the following foreign exchange, the bank may issue to the exporter the special
page of verification form (hereinafter referred to as the special page):
(1)
With regard to the payments collected directly from overseas or domestic special economic zones, the bank shall issue the special
page after finishing the foreign exchange settlement or entering the amount into the foreign exchange account for current account
transactions (hereinafter referred to as “account entry”) of the exporter.
(2)
With regard to the damages recovered from export cargo insurance or export credit insurance, the bank shall issue the special page
after finishing the foreign exchange settlement or account entry on the strength of the original verification forms and the agreement
on settlement of claims, and shall indicate on the special page “damages from export cargo insurance” or “damages from export credit
insurance”.
(3)
With regard to the foreign exchange capital obtained through forfeiting business, the bank shall issue the special page after finishing
the foreign exchange settlement or account entry for the exporter pursuant to the provisions, and shall indicate on the special page
“forfeiting business”.
(4)
Where the bank hasn’t, under factoring, provided financing service or such service with recourse for the exporter, the bank shall,
after the exporter collects the payments from overseas, process the foreign exchange settlement or account entry according to the
provisions and issue the special page to that exporter.
Where the bank has provided the exporter with financing service without recourse, the bank may, after providing the exporter with
the fund and finishing the foreign exchange settlement or account entry for that exporter according to the provisions, issue the
special page to that exporter on the basis of the amount financed, affix on the special page a special number of verification, and
in the meanwhile, indicate on the special page “factoring financing business”. The bank shall, after collecting the payments from
overseas and deducting the amount financed and the interest thereon, issue the special page in respect of the balance, and shall
indicate on the special page “factoring balance” and the relevant factoring expenses and interest accruing from the financing, as
well as the number of the declaration form of foreign-related income and the original special number of verification.
(5)
With regard to the payments collected from the off-shore account opened by the overseas importer in a bank providing off-shore banking
services within China, the bank shall issue the special page after finishing the foreign exchange settlement or account entry according
to the provisions, and shall indicate on the special page “transferred from domestic off-shore account”.
(6)
With regard to the foreign exchange collected by the transferor in deep processing transit business, the bank shall issue the special
page after finishing the foreign exchange settlement or account entry for the transferor, and shall indicate on the special page
the words of “collected proceeds from deep processing transit business” and the name of the transferee.
(7)
With regard to the collection of proceeds under export buyer’s credit, the bank shall issue the special page after finishing the foreign
exchange settlement or account entry for the exporter on the basis of the export contract, the order of the overseas borrower to
pay, the letter of credit, or other payment orders, or on the basis of the postscripts or summary of entrusted payment of the domestic
lending bank, and shall indicate on the special page “domestic transfer under export buyer’s credit”.
(8)
With regard to the export proceeds settled in foreign currency cash, the exporter shall make the foreign exchange settlement with
the bank, and may not retain or deposit such proceeds with the bank. Where the amount of foreign currency cash reaches the limit
for entry report, the bank shall issue the special page after making foreign exchange settlement for the exporter on the strength
of the export contract, vouchers, verification forms, and the original of the declaration form of foreign currency carried into China
signed by the customs office, and after indicating on the declaration form the amount settled and the date, and affixing a mark,
shall indicate on the special page “settlement of foreign currency cash”. Where the amount of foreign currency cash carried has not
reached the limit for entry report, the bank shall settle the foreign currency cash on the strength of the export contract, invoices,
verification forms, and the application for foreign exchange settlement, and shall indicate on the special page “settlement of foreign
currency cash”. The export proceeds collected under border trade and planning chartering shall be excluded.
(9)
The bank may not issue the special page when making foreign exchange settlement under export bill negotiation or making account entry
for discount of time drafts or for packing loans under export letters of credit, and shall issue the special page only after collecting
the export payments and finishing the relevant formalities.
(10)
With regard to the export payments collected directly from overseas or domestic special economic zones, if it is necessary for a domestic
bank to exchange the foreign currency into another, the paying bank shall issue the special page when proceeding the exchange from
the original currency within China. The exchanging bank shall indicate the words of “exchanged foreign currency” in the transaction
postscript.
(11)
Where the special page may be issued in other circumstances as provided for by the foreign exchange administrations, the relevant
provisions shall be observed.
Article 28
With regard to the settlement or account entry of the following kinds of foreign exchange, the bank may not issue the special page
to the exporter:
(1)
Export proceeds other than those provided for in Article 27 and the proceeds that cannot be determined as export proceeds in foreign
exchange at the present time;
(2)
Foreign exchange transferred from the foreign exchange accounts of other entities within China or from the foreign exchange accounts
for current account and capital account transactions of a same entity, other than those provided for in Article 27 ;
(3)
Other foreign exchange for which no special page shall be issued as provided for by the foreign exchange administrations.
Article 29
The bank shall, when issuing the special page, keep the contents of the page the same as those of the record page kept by the bank
and the book-keeping page of the recipient. A special page shall contain the following elements:
1.
Name of the handling bank;
2.
Date of foreign exchange settlement or payment collection;
3.
Name and account number of the recipient entity;
4.
Amount actually collected and the currency;
5.
Detailed list of various incidental expenses (if there is any), and the amount and currency;
6.
Net amount settled or entered into account and the currency;
7.
Number of the verification form;
8.
Number of the declaration form of foreign-related income or the special number of verification;
9.
Words of “special page of verification and writing-off of export proceeds in foreign exchange”;
10.
Official business seal of the bank and the signature or seal of the handling person; and
11.
Other contents that should be indicated as required by the foreign exchange administrations.
Article 30
The bank shall in advance put on record with the local foreign exchange administration the format and model of the special page. Where
there is any alteration to the format or model, the bank shall change the record with the foreign exchange administration before
using the altered format or model.
Article 31
Where the export proceeds of the exporter are not subject to the international balance report and the special page can be issued thereto
pursuant to the provisions, the bank shall affix the special number of verification on the special page, and shall indicate the sources
of the capital collected. The special number of verification has 22 figures altogether, the first 6 figures are the region identification
number; the next 6 figures are the bank identification number and sequential number; the still next 6 figures are the date of collection
of proceeds; and the last 4 figures are the business serial number of the bank on the day of transaction.
Article 32
The special page issued by the bank must contain the number of the report of foreign-related income or the special number of verification,
otherwise, the foreign exchange administration may not handle the verification for the exporter on the basis of that special page.
Article 33
With respect to the collection of lump-sum payments in foreign exchange from several export transactions, the bank shall require the
exporter to provide the numbers of the verification forms to which that sum corresponds to, and shall indicate those numbers on the
special page. Only one special page may be issued for the collection of lump-sum proceeds, and the issuing of separate pages is not
allowed. Where the lump-sum proceeds contain advanced payments and remainder of payments, the bank shall fill in the number of the
verification form to which the remainder corresponds and shall indicate on the special page “advanced payments contained”. And the
exporter shall, after actually exporting the goods, make up the number of the verification form with the bank, which shall affix
the business official seal and the signature of the handling person. With respect to a single advanced payment, the bank shall issue
the special page to the exporter after finishing the foreign exchange settlement or account entry pursuant to the provisions and
ensuring that the exporter has exported the goods (providing the number of verification form).
Article 34
Where the exporter needs to adjust its account or set off wrong accounts after the bank has issued the special page after the foreign
exchange settlement and account entry, the bank shall withdraw and write off the special page that has been issued.
Article 35
In the case of export by agency, if both the agent and the principal have foreign exchange accounts for current account transactions
and if the original foreign currency needs to be transferred to the principal, the bank shall enter all the foreign currency collected
into the foreign exchange account for current account transactions of the agent, and issue the special page to the agent, which shall
then transfer the foreign currency pursuant to the relevant provisions. If the agent has no foreign exchange account for current
account transactions, the bank shall settle the foreign exchange collected and issue the special page to the agent, which shall transfer
RMB to the principal.
Chapter 6 Verification Report of the Exporter
Article 36
The exporter shall, after exporting the goods and within 30 days from the anticipated date of collection of payments, make verification
reports to the foreign exchange administration in respect of all the payments or each payment on the strength of the prescribed verification
certifications. If the exporter applies automatic verification, it need not make the verification report with the foreign exchange
administration, except under special circumstances.
The foreign exchange administration may, according to the volume of verification transactions of the region and the specific circumstances
of the exporter, apply the system of verification report form or the electronic administration of verification reports.
Article 37
Where the anticipated date of collection of payment falls on the 180th day or thereafter after the date of customs declaration, the
exporter shall, within 60 days after the customs declaration of the goods, make the record of forward collection of proceeds with
the foreign exchange administration on the strength of the written application for record of forward collection of proceeds, export
contract or agreement for forward collection, the verification forms, declaration forms, and other relevant documents.
Article 38
The exporter shall, when making the verification report, provide the verification certificates pursuant to the following provisions:
(1)
In the case of export under “general trade”, “non-corresponding imported material”, “authorized trade of military equipment”, “unauthorized
trade of military equipment”, or “trade to Taiwan”, the verification forms, declaration forms and special pages shall be provided.
(2)
In the case of export under “barter trade”, the barter contract, verification forms and declaration forms shall be provided. For full
barter, the import declaration forms of the goods bartered in shall also be provided; in the case of partial barter, the special
pages and the import declaration forms of the goods bartered in shall also be provided.
(3)
In the case of export under “processing of materials supplied by clients”, or “deep processing of materials supplied by clients”,
the verification forms, declaration forms and special pages shall be provided. With respect to the verification report for the proceeds
from the first export transaction under the same contract, the processing contract approved by the commerce administration shall
also be provided. And in the case of alteration of the contract or termination of the execution, the relevant certificates shall
also be provided.
(4)
In the case of export under “compensation trade” and where the compensation shall be made in kind as stipulated by the contract, the
compensation trade contract, verification forms, declaration forms, and the corresponding import declaration forms shall be provided.
And where the value stated on the declaration forms exceeds that on the import declaration forms, the special pages shall also be
provided.
(5)
In the case of export under “corresponding imported materials”, “deep processing of imported materials”, or “processing of imported
materials by three types of foreign-funded enterprises”, if the proceeds are collected in full amount, the verification forms, customs
declaration forms and special pages shall be provided. Where the imported materials are set off, the exporter need to make the registration
of set-off of imported materials with the foreign exchange administration, and provide the verification forms, customs declaration
forms, special pages in respect of the balance, and the corresponding import declaration forms.
With respect to the verification report for the proceeds from the first export transaction under the same contract, the processing
contract ratified by the commerce administration shall also be provided. And in the case of alteration of the contract or termination
of the execution, the relevant certificates shall also be provided.
Where the exporter makes the export under “deep processing of imported materials” and the transferee makes the import under “deep
processing of imported materials”, the processing contract ratified by the commerce administration, the verification forms, declaration
forms and special pages shall be provided. Where the payments are settled in RMB, the certificates of account entry in RMB and the
import declaration forms shall be provided.
(6)
In the case of export under “samples and advertisement products A”, the verification forms and declaration forms shall be provided.
Where the collection of proceeds are verified and written off, the special pages shall be provided. And with respect to a single
transaction in which the proceeds not collected exceed 500 US dollars of the equivalent, the contract or agreement concluded by the
parties shall be provided.
(7)
In the case of export under “external contracting”, the ratification letter of the commerce administration for foreign contracting,
the contract or agreement on the contracted project, the verification forms, declaration forms and special pages shall be provided.
(8)
In the case of export under “returned cargo”, the verification forms, declaration forms and import customs declaration forms shall
be provided. The special pages shall also be provided with respect to the returned goods for which payments in foreign exchange have
already been made.
(9)
In the case of export under “re-export of imported materials” or “re-export of leftover materials out of imported materials”, if the
collection of proceeds is verified and written-off, the verification forms, declaration forms and special pages shall be provided.
If the proceeds are not collected, the verification forms, declaration forms and import declaration forms indicated with the trade
methods of “corresponding imported materials” or “deep processing of imported materials” shall be provided.
(10)
In the case of export under “replacement of imported materials”, if the proceeds are collected, the verification forms, declaration
forms and special pages shall be provided. And if the proceeds are not collected, the verification forms, declaration forms and import
declaration forms for processing of imported materials shall be provided.
(11)
In the case of export under “petty trade to Taiwan”, where payments are settled in spot foreign exchange, the verification forms,
declaration forms and special pages shall be provided. Where the payments are settled in foreign currency cash, the verification
forms, declaration forms, foreign currency cash settlement vouchers and purchase invoices shall be provided. Where the payments are
settled in RMB, the verification forms, declaration forms and certificate of account entry of RMB shall be provided.
(12)
In the case of export under “bonded factory” or “outward processing”, if the proceeds are collected, the verification forms, declaration
forms and special pages shall be provided. Where the goods are transported back after processing and the proceeds are not collected,
the verification forms, declaration forms and corresponding import declaration forms shall be provided.
(13)
In the case of export under “leasing trade”, and “less-than one-year leasing”, the leasing contract, verification forms and customs
declaration forms shall be provided. Where the foreign party is the leaseholder, the sp
|
Ministry of Public Health
Order of the Ministry of Public Health of the People’s Republic of China
No.36
The Measures for Medical Wastes Management of Medical and Health Institutions, deliberated and adopted at the ministerial meeting
of the Ministry of Public Health on August 14, 2003, are hereby promulgated and shall be implemented as of the day of promulgation.
Wu Yi, the Minister of the Ministry of Public Health
October 15, 2003
Measures for Medical Wastes Management of Medical and Health Institutions
Chapter 1 General Provisions
Article 1
With a view to regulating the medical wastes management of medical and health institutions and to effectively preventing and controlling
medical wastes from endangering human health and the environment, the present Measures are hereby formulated in accordance with the
Regulation on Medical Wastes Management.
Article 2
The medical and health institutions at various levels and of various kinds shall manage medical wastes pursuant to the provisions
of the Regulation on Medical Wastes Management.
Article 3
The medical wastes management of medical and health institutions of the whole country shall be supervised by the Ministry of Public
Health.
The medical wastes management of medical and health institutions shall be supervised by the administrative departments of public health
of the local people’s governments at the county level and above within their respective jurisdictions.
Chapter 2 Medical Waste Management Duties of Medical and Health Institutions
Article 4
The medical and health institution shall establish and perfect the responsibility system of medical wastes management, with its legal
representative or major principal being the primary responsible person, seriously perform its duties and ensure the safe management
of medical wastes.
Article 5
The medical and health institution shall, pursuant to the relevant laws, administrative regulations, departmental rules and normative
documents, formulate and implement rules and systems for the management of medical wastes, the work flow and requirements, the duties
of the relevant personnel, and the emergent scheme for flowing, leakage, spreading and accidents of medical wastes within the institution.
The contents shall include:
1)
Methods of classified collection of medical wastes and the work requirements of the places generating medical wastes within the medical
and health institution;
2)
Work rules of the places generating medical wastes and the places of temporary storage of medical wastes within the medical and health
institution, and the work requirements for carrying the wastes from the generating places to the temporary storage places;
3)
Provisions on the relevant handover and registration in the carriage of medical wastes within the medical and health institution and
in delivering wastes to the disposal entities.
4)
Special operational procedures in the management of medical wastes and emergent measures for the flowing, leakage, expansion and accidents
of medical wastes;
5)
Occupational health safety protection of the relevant working staffs engaged in the classified collection, carriage, and temporary
storage of medical wastes.
Article 6
The medical and health institution shall establish a monitoring body or allocate full-time (part-time) personnel to be responsible
for medical wastes management and perform the following duties:
1)
Directing and inspecting the implementation of the work in the process of classified collection, carriage, temporary storage, and
internal disposal of medical wastes;
2)
Directing and inspecting the occupational health safety protection work in the process of classified collection, carriage, temporary
storage, and internal disposal of medical wastes;
3)
Organizing emergent treatment in the event of flowing leakage, spreading and accidents of medical wastes;
4)
Organizing the training relating to medical wastes management;
5)
Managing the relevant registration and archives of medical wastes;
6)
Analyzing and dealing with other problems arising in the management of medical wastes in good time.
Article 7
The medical and health institution shall, in the event of flowing, leakage, and spreading of medical wastes, report to the administrative
departments of public health and of environmental protection of the people’s government at the county level of the place where it
is located within 48 hours, and after the investigation and handling, the medical and health institution shall report the investigation
and handling results to the said departments.
The administrative department of public health of the people’s government at the county level shall pass on such report level by level
to the administrative department of public health of the local people’s government at the provincial level each month.
The administrative department of public health of the people’s government at the provincial level shall gather those reports and submit
them to the Ministry of Public Health on the semi-annual basis.
Article 8
When a medical and health institution has caused death to 1 or more persons or health detriment to 3 or more persons as a result of
improper management of medical wastes and needs to provide medical aid and on-the-spot rescue to the injured persons, it shall report
to the administrative departments of public health and of environmental protection of the people’s government at the county level
in its locality within 24 hours, and shall take corresponding emergent measures pursuant to the Regulation on Medical Wastes Management.
The administrative department of public health of the people’s government at the county level shall, after receiving the report, report
level by level to the administrative department of public health of the people’s government at the provincial level within 12 hours.
The administrative department of public health of the people’s government at the provincial level shall, after receiving the report,
report to the Ministry of Public Health within 12 hours.
Where medical wastes have, as found out, caused the spreading of infectious diseases or where there is evidence showing that an accident
of spreading of infectious diseases is likely to happen, the medical and health institution shall make a report pursuant to the Law
on Infectious Diseases Control and other relevant provisions and take corresponding measures.
Article 9
The medical and health institution shall formulate and organize the implementation of the training plans of the relevant personnel
in respect of the professional skills, occupational health safety protection and emerge treatment knowledge, etc., that are needed
in the process of classified collection, carriage, temporary storage, and internal disposal of medical wastes.
Chapter 3 Classified Collections, Carriage and Temporary Storage
Article 10
The medical and health institution shall apply classified management of medical wastes pursuant to the Catalogue of Classifications
of Medical Wastes
Article 11
The medical and health institution shall collect medical wastes on a classified basis and in good time pursuant to the following requirements:
1)
Placing the medical wastes separately in packages or containers that are in conformity with the Provisions on the Standards and Warning
Marks of Special Packages and Containers of Medical Wastes according to the types of the medical wastes;
2)
Before placing the medical wastes, carefully checking the packages or containers of medical wastes to ensure that they are not damaged,
leaky or otherwise defective;
3)
Refraining from mixing the infectious, pathological, damaging, drug, and chemical wastes in the process of collection. Small quantities
of drug wastes may be mixed with infectious wastes, but indications shall be made on the label;
4)
Executing the relevant laws and administrative regulations and the relevant provisions of the state in management of the abandoned
narcotic, psychotropic, radioactive, and poisonous drugs, etc., and the relevant wastes;
5)
Handing over the batch-use waste chemical reagents and waste disinfectors in chemical wastes to the specialized agencies for disposal;
6)
Handing over the batch-use medical utensils, such as thermometers containing mercuric and blood-pressure meters, etc., to the specialized
agencies for disposal;
7)
With respect to the highly dangerous wastes among medical wastes, such as the culture medium, samples and preservation liquid of bacteria
and toxins of virus, etc., sterilizing with high pressure or steam or conducting chemical disinfection at the places of generation
before collecting and disposing of them as infectious wastes;
8)
Strictly disinfecting the infectious rejections generated by segregated infectious patients or suspect infectious patients pursuant
to the provisions of the state, and discharging the rejections into the sewage disposal system only after the discharging standards
prescribed by the state are reached;
9)
Using double-layer packaging for the infectious rejections generated by segregated infectious patients or suspect infectious patients
and promptly sealing the packages;
10)
Refraining from taking out any infectious, pathological, or damaging wastes that have already been put into the packages or containers.
Article 12
Illustrations or written instructions of the classified collection methods of medical wastes shall be displayed at the places generating
medical wastes within a medical and health institution.
Article 13
Where the volume of medical wastes reach three fourths of that of the packages or containers in which they are contained, effective
sealing methods shall be taken to make tight and close the mouth of the package or container.
Article 14
Where the external of the packages or containers are polluted by infectious wastes, the polluted place shall be disinfected or a new
layer of packaging shall be added onto that place.
Article 15
There should be a warning mark on the external of each packaging or container containing medical wastes, and there should be a label
in Chinese attached to each package or container, the contents of which shall include: the entity generating the medical wastes,
date of generation, class of wastes, and necessary special instructions, etc.
Article 16
The carriage personnel shall carry the medical wastes that are packed on a classified basis from the generating places to the designated
internal temporary storage places pursuant to the prescribed time and routes every day.
Article 17
Before carrying the medical wastes, the carriage personnel shall check whether the marks, labels and seals of the packaging or containers
are in conformity to the requirements, and may not carry any medical wastes not in conformity with the requirements to the temporary
storage places.
Article 18
When carrying the medical wastes, the carriage personnel shall avoid any damage to the packages or containers, shall avoid the flowing,
leakage or spreading of medical wastes, and shall prevent direct body contact with the medical wastes.
Article 19
Special conveyances that can prevent leakage and dispersion, that have no sharp edges, and that are easy for loading and cleaning
shall be used for the carriage of medical wastes.
The conveyance shall be cleaned and disinfected in good time every day after the carriage work is finished.
Article 20
The medical and health institution shall set up temporary storage facilities and equipment of medical wastes and may not leave the
medical wastes in the open; the temporary storage of medical wastes may not exceed 2 days.
Article 21
The temporary storage facilities and equipment of medical wastes set up by a medical and health institution shall meet the following
requirements:
1)
Staying afar from medical treatment areas, food processing areas, personnel movement areas, and storage places of house refuse, and
being it convenient for the entry and exit of the personnel and conveyance carrying medical wastes;
2)
Being tightly sealed and being managed by full-time (part-time) personnel to prevent non-working staff from contacting the medical
wastes;
3)
Having safety measures against rats, flies and mosquito, and cockroaches;
4)
Being leakage proof and refraining from rain-washing;
5)
Being easy for cleaning and disinfection;
6)
Avoiding direct sunshine;
7)
Having conspicuous warning marks of medical wastes and warning marks of “no smoke and food”.
Article 22
Low temperature or anti-erosion conditions are required for temporary storage of pathological wastes.
Article 23
The medical and health institution shall hand over the medical wastes to the entity of concentrated disposal of medical wastes approved
by the administrative department of public health of the people’s government at the county level or above, and shall fill in and
keep the handover forms pursuant to the system of handover forms of dangerous wastes.
Article 24
The medical and health institution shall register the medical wastes, and the registered contents shall include the medical wastes’
sources, types, weight or quantities, handover time, final whereabouts, and signatures of the handling persons, etc. The registration
materials shall be kept for at least 3 years.
Article 25
The temporary storage places and facilities shall be cleaned and disinfected, after the medical wastes have been moved out.
Article 26
The medical and health institution and its working staff are prohibited from transferring to others or trading medical wastes.
It is prohibited to dump or pile up medical wastes at any non-collection or non-temporary storage places, and it is prohibited to
mix the medical wastes with other wastes or house refuse.
Article 27
The medical and health institution shall, in the rural areas without the conditions for concentrated disposal of medical wastes, dispose
of the medical wastes it generates by itself within the institution according to the requirements of the local administrative departments
of public health and of environmental protection. Self- disposition of medical wastes shall meet the following basic requirements:
1)
Used one-off medical equipment and the medical wastes liable to injure persons shall be disinfected and their dangerous shapes shall
be changed;
2)
Those medical wastes that can be burned shall be burned in good time;
3)
Those medical wastes that cannot be burned shall be buried after disinfection in a concentrated way.
Article 28
In the event of flowing, leakage, spreading or accident of medical wastes, a medical and health institution shall take emergent measures
in good time pursuant to the requirements as follows:
1)
Determining the types and quantities of the medical wastes flowing, leaking and spreading, and the time of occurrence, scope of impact,
and seriousness;
2)
Organizing the relevant personnel to conduct on-the-spot treatment of the leaking and spreading of the medical wastes as soon as possible
according to the emergent scheme;
3)
When treating the areas polluted by the medical wastes, trying to minimize the affection to the patients, medical personnel, other
personnel on the spot, and to the environment.
4)
Taking appropriate safety disposal measures to disinfect or otherwise make harmless the leaking wastes and the polluted areas and
materials, and blocking the polluted areas if necessary to prevent the spread of pollution;
5)
When disinfecting the areas polluted by infectious wastes, carrying out the disinfection work from the areas most slightly polluted
to those most seriously polluted, and disinfecting any used tools that might have been polluted;
6)
The working staff shall ensure that they have taken sufficient health safety protection measures before carrying out the work.
After the treatment work is finished, the medical and health institution shall investigate into the cause of the event and take effective
prevention measures against the occurrence of similar events.
Chapter 4 Personnel Training and Occupational Safety Protection
Article 29
The medical and health institution shall train its working staff and enhance the knowledge of all the staff members in medical wastes
management. The working staff and managerial personnel engaging in classified collection, carriage, temporary storage, and disposal
of medical wastes shall receive training on the relevant laws, professional skills, and knowledge of safety protection and emergent
treatment, etc.
Article 30
The relevant working staff and managerial personnel of medical wastes shall meet the following requirements:
1)
Understanding the provisions of the relevant laws, regulations, rules and normative documents of the state, acquainting themselves
with the rules and systems, work procedures and requirements of medical wastes management formulated by the medical and health institution;
2)
Mastering the correct methods and operational procedures of the classified collection, carriage, and temporary storage of medical
wastes;
3)
Grasping the safety knowledge, professional skills, and knowledge of occupational health safety protection in classification of medical
wastes;
4)
Grasping the methods to prevent being stabbed or scratched by the medical wastes in the process of the classified collection, carriage,
temporary storage, internal disposal of the medical wastes, and the treatment methods after the occurrence of such events;
5)
Grasping the emergent treatment measures in the event of flowing, leakage, spreading and occurrence of medical waste accidents.
Article 31
The medical and health institution shall, pursuant to the types of and different degrees of risks of the medical wastes contacted,
equip the working staff and managerial personnel engaged in the classified collection, carriage, temporary storage, and disposal
of the medical wastes in the institution with necessary protection materials, make regular health inspections to them, and if necessary,
give immunization injection to the relevant personnel to prevent their health from impairment.
Article 32
When any working staff of a medical and health institution is stabbed or scratched by the medical wastes during work, he/she shall
take corresponding treatment measures and report to the relevant offices in the institution in good time.
Chapter 5 Supervision and Administration
Article 33
The administrative departments of public health of the local people’s governments at the county level and above shall, in accordance
with the provisions of the Regulation on Medical Wastes Management and the present Measures, make regular supervisory inspection
and irregular selective inspection over the medical and health institutions within their respective jurisdictions.
Article 34
The main contents of the supervisory and selective inspections over medical and health institutions are:
1)
The rules and systems concerning medical wastes management and the implementation thereof;
2)
The classified collection, carriage, temporary storage, and internal disposal of medical wastes;
3)
Registration materials and records related to medical wastes management;
4)
Safety protection of the relevant personnel in medical wastes management;
5)
Report, investigation and handling of the events of flowing, leakage, spreading and accidents of medical wastes;
6)
On-spot hygiene monitoring.
Article 35
The administrative departments of public health shall, if finding any hidden risks in the medical and health institutions through
supervisory or selective inspections, order the institutions to eliminate such risks immediately.
Article 36
The administrative departments of public health at the county level and above shall investigate into and punish the acts of the medical
and health institutions that violate the Regulation on Medical Wastes Management and the present Measures.
Article 37
When improper management of medical wastes causes the spread of infectious diseases, or there is evidence proving the possibility
of such spread, the administrative departments of public health shall take corresponding measures in good time in accordance with
Article 40 of the Regulation on Medical Wastes Management.
Article 38
The medical and health institutions shall cooperate with the administrative departments of public health in the inspection, monitoring,
investigation, and obtaining of evidence, and may not refuse or hinder such process, or provide falsified materials.
Chapter 6 Rules of Punishment
Article 39
If a medical and health institution, violating the Regulation on Medical Wastes Management and the present Measures, is in any of
the situations as follows, the administrative department of public health of the local people’s government at the county level or
above shall order it to correct within a prescribed time limit and give it a warning; if the institution fails to correct within
the aforesaid time limit, it shall be imposed on a fine ranging from 2,000 Yuan to 5,000 Yuan:
1)
Failing to establish or perfect the system of medical wastes management, or failing to set up the monitoring body or to allocate full-time
(part-time) personnel;
2)
Failing to give the relevant personnel training on the relevant laws, professional skills, safety protection and emergent treatment
knowledge, etc;
3)
Failing to register the medical wastes or to keep the registered materials;
4)
Failing to take occupational health safety protection measures for the working staff and managerial personnel engaged in the classified
collection, carriage, temporary storage, and disposal of medical wastes within the institution;
5)
Failing to clean and disinfect in good time the used conveyance of medical wastes;
6)
In the case of a medical and health institution which has set up disposal facilities of medical wastes, failing to test and evaluate
the hygiene effects of such facilities regularly, or failing to put on record or report the testing and evaluation effects.
Article 40
If a medical and health institution, violating the Regulation on Medical Wastes Management and the present Measures, is in any of
the situations as follows, the administrative department of public health of the local people’s government at the county level or
above shall order it to correct within a prescribed time limit, give it a warning, and may impose on it a fine of less than 5,000
Yuan concurrently; if the institution fails to correct within the said time limit, it shall be imposed on a fine ranging from 5,000
Yuan to 30,000 Yuan:
1)
The places, facilities or equipment of temporary storage of medical wastes are not in conformity with hygienic requirements;
2)
The medical wastes are not placed in special packages or containers according to their types;
3)
The conveyance of medical wastes is not in conformity with the requirements.
Article 41
If a medical and health institution, violating the Regulation on Medical Wastes Management and the present Measures, is in any of
the situations as follows, the administrative department of public health of the local people’s government at the county level or
above shall order it to correct within a prescribed time limit, give it a warning, and impose on it a fine ranging from 5,000 Yuan
to 10,000 Yuan; if the institution fails to correct within the aforesaid time limit, it shall be imposed on a fine ranging from 10,000
Yuan to 30,000 Yuan; if spreading of infectious diseases is caused, the original license issuing department shall suspend or revoke
the practice license of the medical and health institution; and if any crime has been constituted, the offenders shall be subject
to criminal liabilities:
1)
Casting medical wastes within the medical and health institution and dumping and piling up medical wastes at any non-storage places,
or mixing the medical wastes with other wastes and house refuse;
2)
Giving the medical wastes to any entities or individuals that have not obtained the operation license;
3)
Failing to make strict disinfection of the sewage and the rejections of infectious patients or suspect infectious patients in accordance
with the Regulation and the present Measures, or discharging them into the sewage disposal system where the discharging standards
prescribed by the state are not reached;
4)
Failing to manage and dispose of as medical wastes the house refuse of the accepted infectious patients and suspect infectious patients.
Article 42
The medical and health institution that transfer to others or trade medical wastes shall be punished pursuant to Article 53 of the
Regulation on Medical Wastes Management.
Article 43
If a medical and health institution, in the event of flowing, leakage or spreading of medical wastes, fails to take emergent measures
or fails to report to the administrative department of public health in good time, the administrative department of public health
of the local people’s governments at the county level or above shall order it to correct, give it a warning, and impose on it a fine
ranging from 10,000 Yuan to 30,000 Yuan concurrently; if spreading of infectious diseases is caused, the original license issuing
department shall suspend or revoke the practice license of the medical and health institution; and if any crime has been constituted,
the offenders shall be subject to criminal liabilities.
Article 44
Where a medical and health institution, without justified reasons, hinders any of the law enforcement personnel of the administrative
department of public health in their execution of duties, refuses them to enter the scene, or refuses to cooperate with the law enforcement
department in inspection, monitoring, investigation and obtaining of evidence, the administrative department of public health of
the local people’s government at the county level or above shall order it to correct and give it a warning; if it refuses to correct,
the original license issuing department shall suspend or revoke the practice license of the medical and health institution; if the
Public Security Administration Regulation of the People’s Republic of China is violated and an act violating pubic security administration
is committed, the public security organ shall punish the medical and health institution; and if any crime has been constituted, the
offenders shall be subject to criminal liabilities.
Article 45
In the rural areas without the conditions for concentrated disposal of medical wastes, if a medical and health institution fails to
dispose of the medical wastes pursuant to the Regulation on Medical Wastes Management and the present Measures, the administrative
department of public health of the local people’s government at the county level or above shall order it to correct within a prescribed
time limit and give it a warning; if it fails to correct within the said time limit, it shall be imposed on a fine ranging from 1,000
Yuan to 5,000 Yuan; if spreading of infectious disease is caused, the original license issuing department shall suspend or revoke
the practice license of the medical and health institution; and if any crime has been constituted, the offenders shall be subject
to criminal liabilities.
Article 46
If a medical and health institution, violating the Regulation on Medical Wastes Management and the present Measures, causes the spread
of any infectious disease and causes damages to others, it shall be liable for civil damages.
Chapter 7 Supplementary Provisions
Article 47
The phrase “medical and health institutions” as mentioned in the present Measures refers to the institutions that have obtained the
Practice License of Medical Institutions pursuant in according to the Regulation on the Administration of Medical Institutions, as
well as the disease prevention and control institutions and blood collection and supply institutions.
Article 48
The present Measures shall be implemented as of the date of promulgation.
|
|
