CHINA MACHINERY INDUSTRY FIFTH CONSTRUCTION CORP INC.

Overseas China-Invested Enterprise and Personnel Safety Management Rule

2012-3-21

Chapter one: Overview

Article 1st:  to further protect overseas China-invested enterprise and personnel under the new situation, compile this strategy to ensure ”going abroad” program smooth implement.
    Article 2nd
: this regulation ”overseas China-invested enterprise and personnel ”, refers to enterprise, organization established in overseas and dispatched to foreign country personnel.
   Article 3rd: local commercial administrative departments are responsible for various regions investment cooperative enterprise safety management with foreign affairs, development reform, public security, safety supervision department. Local national asset administrative department guide the management of district state-owned investment abroad cooperative enterprise. Local business association assist government relative department to guide district safety management of investment abroad cooperative private enterprise. All overseas embassies and consulates are responsible for China investment abroad organization and personnel safety management and supervision.

   Article 4th: quality and safety management of investment abroad projects are implemented according to relative regulation.

Chapter two: Overseas safety training and education


   Article 5th: investment abroad cooperative enterprise is according to principle of who dispatch, who responsible, organize overseas safety education and emergency training prior to go broad, improve safety awareness and ability, enhance safety management comprehensive capability. As EPC enterprise, should generally responsible for contractor enterprise overseas safety and training. Untrained personnel cannot go abroad.
   Article 6th: overseas investment abroad enterprise should make rules for personnel behavior, uniform personnel abroad behavior modes, demand them to abide by local laws and respect local customs.
   Article 7th: each commercial administrative department is responsible for local investment abroad cooperative enterprise safety education and training. Various embassies regular inspect and supervision China-investment enterprise.

Chapter three: overseas safety risk prevention


   
Article 8th: make overseas safety management system for investment abroad cooperative enterprise, establish overseas safety emergency mechanism, guide dispatching organization to make safety precaution and emergency prediction scheme.
  Article 9th: ask Chinese-investment enterprise to fulfill society responsibility, protect environment, employ local labor, actively joint public business to create sound external environment for overseas investment and cooperation.
   Article 10th: commercial department establish safety risk supervision and prediction mechanism with foreign affair department, state development and reform committee, public security. Regular report overseas safety information for investment abroad enterprise, timely send overseas emergency. Commercial department is responsible for reporting safety prediction information to embassy.
  
Article 11th: various commercial department complete overseas safety management system and supervision with foreign affairs, development and reform, public security and safety supervision department. State-owned assets administrative department guides investment aboard enterprise to complete overseas safety management system and supervision. Business association supervises investment abroad cooperative private enterprise to complete overseas safety management system with relative departments.
   Article 12th: all embassies and consulates should collect, assess and predicate residence countrys political economical situation, national religion contradiction, society security state, terrorism activity, report timely to foreign affairs, commercial department. Establish frequent communication channel with residence country government to timely receive information.
    
Article 13th: all embassies should enhance supervision and management on Chinese-investment enterprise and personnel safety, timely convey domestic commands, report relative safety information, regularly inspect enterprise and project site.
  Article 14th: all embassies should command overseas Chinese-investment enterprise association to assist enterprise to take safety precaution measures, enhance risk-prevention and disposal ability.
    Article 15th: commercial department organizes overseas safety inspection team with foreign affairs department, development and reform committee, public security, state assets administration committee and business association depends on needs. Inspect and supervise overseas key projects, get rid of safety potential hazard, check relative emergency prevention method statement compiling and application, dealing with existing problems. Various commercial departments also can carry out overseas safety inspection with FAB, reform and development, public security, state-owned assets management, safety supervision department and business association.

Chapter four: oversea safety emergency treatment


     Article 16th: overseas emergency accident refers to the event that threaten Chinese-investment enterprise and personnel safety or caused damage, including war, political unrest, terrorism, crime, natural disaster, safety production accident and public sanitation and etc.
    Article 17th: when oversea situation is abnormal, overseas investment-enterprise should report to our embassy. After overseas safety emergency accident, Chinese-investment enterprise should timely report to embassy, dealing with under leadership of embassy. Detail procedure as following:
  (Ⅰ)Overseas Chinese-investment organization should deal with site situation, timely rescue wounded person, and report to local police station.
  (Ⅱ)
Overseas enterprise should understand and report emergency detail, including:
  1. accident involved enterprise or unit;

  
2. happen place, time and site situation;
  
3. accident process, reason initial assumption;
  
4. possible caused dead person (include lost person), name, nationality, domestic unit, family contact number; initial assess direct economical loss.
  
5. taken measures;
  
6. Other reporting content.
  (Ⅲ)
Embassy is responsible for overseas Chinese-investment enterprise organization to organize detail work, provide necessary protection, timely communicate with residency country government, demands it to protect enterprise and personnel safety. Overseas Chinese-investment enterprise ECMA should actively coordinate and deal with emergency accident. For these not establish diplomatic relationship country, will be coordinated by overseas organization agency.
  (Ⅳ)
Emergency treatment should timely report to overseas investment abroad registered local government. Stated-owned enterprise should report to state asset administration committee, copy to foreign affairs department, commercial business department, development and reform committee, public security and safety supervision bureau, invite domestic working team to site for coordination when it is necessary. Heavy emergency should be under leadership of joint meeting of foreign affairs dept, development and reform committee, public security, stated assets committee, safety supervision bureau, business association and protected by overseas Chinese citizen and organization working department.
  (Ⅴ)Local commercial dept, foreign affairs, development and reform, public security, state assets management and safety supervision dept should according to requirements of residency provincial government, commercial dept, foreign affairs dept, development and reform committee, public security, safety supervision bureau and embassy, assist to deal with emergency accident. Dispatch person to joint working team to go overseas site depends on needs, or help wound family to go to accident site; organize relative enterprise to deal with problems of rehabilitation, claim, placement, compensation, evocation and etc.

 

Chapter five; high-risk national and district management

Article 18th: various commercial administrative dept strictly manage local region enterprise which go to high-risk country for investment and cooperation with foreign affairs, development and reform dept, public security, state assets management, safety supervision dept. high-risk country list is determined by foreign affair dept with commercial dept, public security and etc, and adjusted according to actual situation.
   Article 19th: investment cooperation in high-risk country, commercial dept and development & reform dept should strictly assessed and ask opinions of embassy.
     Article 20th: various public security depts. should warn person who is going to high-risk country and region.
    Article 21th: prior to investment abroad cooperative enterprise works in target country, should employ professional safety organization to assess safety risk. Enterprise detail overseas safety guarantee method statement according to safety assessment report, max lessens overseas safety risk.

    Article 22th: when investment abroad enterprise undertaking business in high-risk country, should establish complete overseas safety system to ensure overseas business activity safety, including oversea safety management regulation, safety cost budget, emergency response and etc.
    Article 23th: invest and cooperate abroad enterprise in high-risk country, should strictly abide by relative management rule, timely register in embassy, and accept overseas embassy guide and management.
   Article 24th: overseas Chinese-investment enterprise organization and project site should equip necessary safety guarantee facility, also can employ local safety guard or arm force according to local situation to improve safety guard ability and prediction level.

Chapter six: Safety responsibility

Article 25th: should establish overseas safety contact system among various commercial dept, foreign affair dept, public security, state asset management & supervision dept and embassy, arrange one overseas safety charger and one safety information contact person who is only responsible for safety.
    Article 26th: contacting number and safety information,  safety charger of various commercial business dept, foreign affair dept, development & reform, public security, state assets management & supervision should respectively report to commercial dept, foreign dept, development & reform committee, public security, state assets committee, safety supervision general bureau. Overseas safety charger, contact person name list, contact number of embassy and state-owned enterprise should respectively report to foreign affair dept, commercial dept, state assets committee and safety supervision general bureau, and that of local should report to local commercial administrative dept. Overseas safety charger and contact number should be in service 24 hours.
     Article 27th: overseas investment cooperative enterprise should establish sound foreign working mechanism. Overseas investment abroad enterprise charger is the 1st responsible person, should indeed fulfill responsibility.
      Article 28th: various commercial dept, development & reform dept, safety supervision dept should guide investment abroad cooperative enterprise to deal with overseas emergency prevention and list in enterprise and charger assessment content. For those enterprises whose accidents caused by the insufficiency of safety education, risk prevention and emergency coping with, relative department should publish it according to the law, persecute relative leaders responsibility and corresponding personnels obligation, and ask direct charger to shoulder criminal responsibility.

Chapter seven: Attachment


      Article 29th: this regulation explanation is responsible by commerce department, foreign affairs department, state reform and development commission, public security, state assets administration committee and safety supervision bureau and all-China federation of industry and commerce.
       Article 30th: this regulation is implemented since publish date.