【正文】
main responsible person, directly responsible person and other persons directly responsible shall be fined to the amount of 60% to 100% of their annual ine. In the case of government employees, admin punishment shall be meted out on top of the fine. Where breach of public order is constituted the public security department shall mete out punishment for breaching of social order and where crime is constituted, criminal charges will be pressed.1) Falsifying or hiding up the accident in reporting2) Making up or purposefully damaging the accident site。3) For major accident, the fine shall be over 500 thousand RMB but below 2 million RMB4) For particularly serious accident, the fine shall be over 2 million but below 5 million RMBArt 38. Where the main person responsible of the unit where the accident has happened has failed to perform his duty in production safety control, thereby causing the accident, shall be fined as per rates listed below, in the case of government employees, admin punishment shall be meted out on top of the fine. Where crime is constituted, criminal charges shall be pressed:1) For accident of minor seriousness, the fine shall be 30% of the annual ine2) For serious accident, the fine shall be 40% of the annual ine3) For major accident, the fine shall be 60% of the annual ine4) For particularly serious accident, the fine shall be 80% of the annual ineArt 39. Where the local people’s government, production safety supervision department and relevant depart responsible for safety supervision in production have mitted either one of the following acts, the responsible person directly responsible for it and other persons directly responsible shall be given punishment. Where crime is constituted, criminal charges will be pressed:1) Not immediately organizing rescue and aid activity2) Delaying, missing, falsifying or hiding in reporting the accident3) Impeding, intervening in the accident investigation4) Making perjury or instructing others to make perjury in the accident investigationArt 40. Where the unit of accident is responsible for the happening of the accident, the relevant department shall as per relevant law, impound or cancel its relevant license. Relevant persons in the unit responsible for the accident shall be suspended or forfeited of business license, job post qualification certificate related to the production safety. If the main person responsible of the unit of accident is given criminal charges or removed from the post, within 5 years of the execution of punishment or of the day the punishment is meted out, he /she shall not be allowed to bee main responsible person for production/business unit.Where the mediation agency that has provided the unit of accident with false certificates, relevant department shall as per relevant law, impound or cancel its relevant license and its staff’s qualification for the job. Where crime is constituted, criminal charges shall be pressed.Art 41. Where participants in the accident investigation has mitted either one of the following acts, he/she shall be given due punishment as per relevant law。Byelaw governing reporting, investigation and handling of production safety accidentsAn order by PRC State CouncilNo 493 “The Byelaw governing reporting, investigation and handling of production safety accidents” was adopted at 172nd session of standing mittee of State Council on Mar 28, 2007. It is hereby publicized and shall be implemented starting Jun1, 2007.Wen Jiabao, Premier of State CouncilDated Apr 9, 2007Byelaw governing reporting, investigation and handling of production safety accidentsChapter 1 General RulesArt 1. This byelaw is drawn up in accordance with “Safety Production Law of the PRC” and other relevant laws for the purposes of regulating the reporting and handling of production safety accidents, implementing responsibility recourse for production safety accidents and preventing and reducing production safety accidents.Art. 2. Reporting and handling of the production safety accidents that have happened during production and business activities and operations resulting in bodily injuries and deaths or direct economic losses shall be applicable to this byelaw. Reporting, investigating and handling of accidents in environmental contamination, nuclear facilities, and defense scientific research and production shall not be applicable to this byelaw.Art 3. Accidents shall be in general, divided into the following levels in terms of bodily injuries and deaths or direct economic losses resulted in by the production safety accidents (hereafter as “accident”):1) Particularly serious accident: refers to accident that has resulted in over 30 cases of death or over 100 cases of serious injuries/wounds (including acute industrial poisoning, same hereafter) or over 100 million RMB direct economic losses。 where