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2024

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02

Regulations on the Qualification Management of Geological Disaster Prevention and Control Units


Article 1  To strengthen the management of qualifications for geological disaster prevention and control units, ensure the quality of geological disaster hazard assessment and geological disaster control projects, avoid and mitigate losses caused by geological disasters, protect people's lives and property, and in accordance with the "Regulations on Geological Disaster Prevention and Control", these measures are formulated.

Article 2 Units engaged in geological disaster hazard assessment and geological disaster control projects such as investigation, design, construction, and supervision within the People's Republic of China shall obtain geological disaster prevention and control unit qualifications in accordance with the provisions of these measures and engage in geological disaster prevention and control activities within the scope permitted by the qualification level.

Article 3  As used in these measures, geological disaster hazard assessment refers to the assessment of the possibility of construction projects or planning areas in geological disaster-prone areas being subjected to geological disasters such as collapses, landslides, debris flows, ground subsidence, ground fissures, and ground settlement when conducting engineering construction or compiling national land spatial plans in geological disaster-prone areas, and proposing specific prevention and control measures.

As used in these measures, geological disaster control projects refer to projects that use special geological engineering measures such as investigation, design, construction, and supervision to control or mitigate geological disasters or geological disaster hidden dangers such as collapses, landslides, debris flows, ground subsidence, ground fissures, and ground settlement.

Article 4 Geological disaster prevention and control unit qualifications are divided into Class A and Class B.

Article 5 Geological disaster prevention and control unit qualifications are divided into the following professional categories:

(1) Qualifications for geological disaster assessment and control engineering investigation and design;

(2) Qualifications for geological disaster control engineering construction;

(3) Qualifications for geological disaster control engineering supervision.

Article 6  The Ministry of Natural Resources is responsible for the supervision and management of the national geological disaster prevention and control unit qualification work.

The natural resources authorities of provincial-level people's governments are responsible for the approval and supervision of Class A and Class B qualifications for geological disaster prevention and control units within their administrative regions.

Article 7  Units applying for geological disaster prevention and control unit qualifications shall meet the following conditions:

(1) Having the qualifications of an enterprise legal person or a public institution legal person, among which units applying for geological disaster control engineering construction qualifications shall have the qualifications of an enterprise legal person;

(2) Having technical personnel with relevant professional expertise in resources and environment, and civil water conservancy, among which the unit's technical leader shall have a senior professional title; the number of retired personnel among the professional and technical personnel shall not exceed 10% of the minimum number of professional and technical personnel required by these measures;

(3) Having technical equipment and facilities suitable for the geological disaster prevention and control activities engaged in, among which units applying for geological disaster assessment and control engineering investigation and design qualifications shall have total stations, levels, ground-penetrating radar, etc., and units applying for geological disaster control engineering construction qualifications shall have total stations, levels, anchor rod and anchor cable drilling rigs, rock drills, etc.;

(4) Having a sound safety management system and quality management system.

Article 8  In addition to the conditions stipulated in Article 7 of these measures, units applying for geological disaster prevention and control unit qualifications shall also meet the following personnel and performance conditions:

(1) Class A qualifications

1. Personnel conditions: For units applying for geological disaster assessment and control engineering investigation and design qualifications and geological disaster control engineering construction qualifications, the total number of technical personnel with relevant professional expertise in resources and environment, and civil water conservancy shall be no less than 50, including no less than 25 with senior or intermediate professional titles, and no less than 10 with senior professional titles;

For units applying for geological disaster control engineering supervision qualifications, the total number of technical personnel with relevant professional expertise in resources and environment and civil water conservancy shall be no less than 30, including no less than 15 with senior or intermediate professional titles, and no less than 5 with senior professional titles.

2. Performance conditions: Units applying for geological disaster assessment and control engineering investigation and design qualifications shall independently undertake and complete no less than five geological disaster hazard assessment projects, geological disaster control engineering investigation projects, and geological disaster control engineering design projects in the five years prior to the application, with a total project cost of no less than 600,000 yuan;

Units applying for geological disaster control engineering construction qualifications shall independently undertake and complete no less than five geological disaster control engineering construction projects in the five years prior to the application, with a total project cost of no less than 50 million yuan;

Units applying for geological disaster control engineering supervision qualifications shall independently undertake and complete no less than five geological disaster control engineering supervision projects in the five years prior to the application, with a total project cost of no less than 300,000 yuan.

(2) Class B qualifications

Personnel conditions: For units applying for geological disaster assessment and control engineering investigation and design qualifications and geological disaster control engineering supervision qualifications, the total number of technical personnel with relevant professional expertise in resources and environment and civil water conservancy shall be no less than 10, including no less than 3 with senior professional titles;

For units applying for geological disaster control engineering construction qualifications, the total number of technical personnel with relevant professional expertise in resources and environment and civil water conservancy shall be no less than 20, including no less than 5 with senior professional titles.

Article 9  Geological disaster hazard assessment projects are divided into Level 1 and Level 2.

The project level of geological disaster hazard assessment belongs to Level 1 for any of the following activities:

(1) Construction projects in areas with complex geological conditions;

(2) Relatively important construction projects in areas with moderately complex geological conditions;

(3) Compilation of national land spatial plans in geological disaster-prone areas.

The project level of geological disaster hazard assessment for other construction projects not covered by the preceding paragraph belongs to Level 2.

The classification of the importance of construction projects and the complexity of geological conditions shall be implemented in accordance with the relevant national standards of the technical specifications for geological disaster hazard assessment.

Article 10  Geological hazard control engineering projects are divided into two levels: Level 1 and Level 2.

Projects that meet one of the following conditions are classified as Level 1 geological hazard control engineering projects:

(1) Construction costs of the geological hazard control engineering project are 5 million yuan or more;

(2) The investigation project cost of an independently listed geological hazard control engineering project is 200,000 yuan or more;

(3) The total cost of geological hazard control engineering investigation and design projects is 400,000 yuan or more;

(4) Geological hazard control engineering projects carried out for the control of extra-large and large geological hazards.

Geological hazard control engineering projects other than those stipulated in the preceding paragraph belong to Level 2.

Article 11 Geological hazard prevention and control units with Class A qualifications may undertake corresponding Level 1 and Level 2 geological hazard risk assessment projects and geological hazard control engineering projects.

Geological hazard prevention and control units with Class B qualifications may only undertake corresponding Level 2 geological hazard risk assessment projects and geological hazard control engineering projects.

The supervision unit and the construction unit of the same geological hazard control engineering project shall not have a subordinate relationship or other interests.

Article 12 Units applying for geological hazard prevention and control unit qualifications shall submit an application to the provincial people's government natural resources authority where the unit is registered and submit the following materials:

(1) Qualification application form;

(2) Business license or certificate of legal person of a public institution;

(3) List of relevant professional and technical personnel, ID cards, professional title certificates, educational certificates, social insurance records paid by the unit for the three consecutive months prior to the application, and appointment or employment documents for the technical person in charge;

(4) Materials on the ownership of the unit's equipment;

(5) Occupational health and safety management system certification certificate or safety management system document;

(6) Quality management system certification certificate or quality management system document.

In addition to the conditions stipulated in the preceding paragraph, units applying for Class A qualifications for geological hazard assessment and control engineering investigation and design shall also provide project contracts, acceptance reports, or expert review opinions on relevant achievements; units applying for Class A qualifications for geological hazard control engineering construction and geological hazard control engineering supervision shall also provide project contracts and acceptance reports on relevant achievements.

Information involving state secrets in the application materials shall be declassified before submission.

Article 13 The provincial people's government natural resources authority shall handle the application for geological hazard prevention and control unit qualifications submitted by the applicant unit according to the following circumstances:

(1) If the application materials are complete and meet the legal form, a decision shall be made to accept them and an acceptance notice shall be issued;

(2) If the application materials are incomplete or do not meet the legal form, the applicant unit shall be informed of all the contents that need to be corrected on the spot or within five working days. If no notification is given after the deadline, it shall be deemed as accepted from the date of receipt of the application materials;

(3) If the application matters are not within the scope of the responsibilities of this authority according to law, a decision shall be made immediately not to accept them, and the applicant unit shall be informed to submit an application to the relevant authority.

Article 14  The provincial people's government natural resources authority may accept and review applications for geological hazard prevention and control unit qualifications online. After accepting the application, the provincial people's government natural resources authority shall review the application materials in accordance with the conditions stipulated in Articles 7 and 8 of these Measures.

The provincial people's government natural resources authority may organize experts to review the application materials. On-site verification may be carried out if necessary.

Before making a decision to grant administrative permission, the provincial people's government natural resources authority shall publicize the units that are to be approved or not approved, and the publicity period shall not be less than five working days. If there are no objections to the publicized content after the expiration of the publicity period, the provincial people's government natural resources authority shall make an approval decision; if there are objections to the publicized content, the provincial people's government natural resources authority shall review it.

The provincial people's government natural resources authority shall refine the approval standards and procedures, clarify the key points and methods of verification, in combination with local conditions.

Article 15  The provincial people's government natural resources authority shall make a written decision on whether to approve the application within 20 working days from the date of receipt of the application for geological hazard prevention and control unit qualifications.

If a decision cannot be made within 20 working days due to special circumstances, it may be extended by 10 working days with the approval of the person in charge of the unit, and the reasons for the extension shall be informed to the applicant unit.

If the provincial people's government natural resources authority makes a decision to approve the qualifications of the geological hazard prevention and control unit, it shall issue a qualification certificate to the applicant unit and announce it. If the provincial people's government natural resources authority makes a decision not to approve, it shall explain the reasons and inform the applicant unit of its right to apply for administrative reconsideration or file an administrative lawsuit according to law.

Article 16  The validity period of the geological hazard prevention and control unit qualification certificate is five years.

The electronic geological hazard prevention and control unit qualification certificate and the paper geological hazard prevention and control unit qualification certificate have the same legal effect. The format of the geological hazard prevention and control unit qualification certificate is uniformly stipulated by the Ministry of Natural Resources and uses uniform numbering.

Article 17  If the geological hazard prevention and control unit qualification certificate needs to continue to be used after the validity period expires, the geological hazard prevention and control unit shall submit an application for extension to the provincial people's government natural resources authority where the unit is registered 60 working days before the expiration of the validity period, and submit the application materials in accordance with the relevant provisions of Article 12 of these Measures.

The provincial people's government natural resources authority that accepts the application for extension shall make a decision on whether to grant the extension before the expiration of the validity period of the geological hazard prevention and control unit qualification certificate; if no decision is made after the deadline, it shall be deemed as granted.

Article 18  If the name or address of the geological hazard prevention and control unit changes, it shall submit the relevant materials approved by the relevant departments to the provincial people's government natural resources authority where the unit is registered within 30 working days after the change of the relevant matters, and apply for a new geological hazard prevention and control unit qualification certificate.

Article 19  Geological disaster prevention and control units with any of the following circumstances shall have their qualifications revoked by the provincial-level people's government natural resources authorities where the unit is registered in accordance with the law:

(1) The geological disaster prevention and control unit's qualification certificate has expired without renewal;

(2) The geological disaster prevention and control unit has been legally terminated;

(3) The geological disaster prevention and control unit's qualification has been legally revoked or withdrawn;

(4) The geological disaster prevention and control unit's qualification certificate has been legally revoked;

(5) The geological disaster prevention and control unit has applied for revocation of its geological disaster prevention and control unit qualification.

Article 20  If the geological disaster prevention and control unit's qualification certificate is lost or damaged, it may apply for a replacement to the provincial-level people's government natural resources authorities where the unit is registered.

Article 21  After obtaining a Class B geological disaster prevention and control unit qualification certificate for two years, geological disaster prevention and control units that meet the Class A qualification conditions stipulated in these Measures may apply for the corresponding Class A qualification.

Article 22  Geological disaster prevention and control units that merge with other units or are wholly transformed from public institutions into enterprises and need to change their unit names shall apply to the provincial-level people's government natural resources authorities where the unit is registered for the issuance of a new geological disaster prevention and control unit qualification certificate. In addition to the materials stipulated in Article 18 of these Measures, the applicant unit shall also submit the approval document from the superior unit or competent authority regarding the merger or transformation; if the enterprise has no superior unit or competent authority, it shall submit the enterprise merger plan and the resolutions of the enterprise's shareholders' meeting and board of directors.

In the event of a split of a geological disaster prevention and control unit, it shall promptly apply to the provincial-level people's government natural resources authorities where the unit is registered for the cancellation of the geological disaster prevention and control unit qualification certificate. If it needs to continue to operate after the split, it shall re-apply for a geological disaster prevention and control unit qualification.

Article 23 The provincial-level people's government natural resources authorities shall fill in the relevant management information of geological disaster prevention and control units on the national geological exploration industry supervision and service platform.

The Ministry of Natural Resources may supervise and inspect the provincial-level people's government natural resources authorities' implementation of the qualification approval of geological disaster prevention and control units through methods such as online review and on-site verification.

Article 24 Geological disaster prevention and control units shall fill in information on the unit's basic situation, geological hazard risk assessment projects, geological hazard control engineering projects, and other geological disaster prevention and control activities on the national geological exploration industry supervision and service platform, and make it public to the public.

Article 25  Geological disaster prevention and control units shall establish and improve internal management systems, clarify responsibilities and workflows for quality and safety control, and ensure the quality of geological hazard risk assessment and geological hazard control engineering.

Article 26  The provincial-level people's government natural resources authorities shall, in accordance with the requirements of "double random, one public" supervision, randomly select geological disaster prevention and control units to be inspected at a rate of not less than 10%, and organize supervision and inspection of the qualification status of geological disaster prevention and control units and their geological disaster prevention and control activities.

Article 27 The provincial-level people's government natural resources authorities are responsible for supervising and managing the qualifications of geological disaster prevention and control units within their administrative regions, focusing on the inspection of the professional and technical personnel, project performance authenticity, and quality and safety management system of geological disaster prevention and control units.

Article 28  The municipal and county-level people's government natural resources authorities are responsible for the daily supervision and management of geological disaster prevention and control activities within their administrative regions.

Article 29  Geological disaster prevention and control units shall cooperate with the natural resources authorities in carrying out supervision and inspection, truthfully provide relevant documents and materials, and shall not conceal, refuse, or obstruct.

Article 30  Any unit or individual has the right to report violations of the provisions of these Measures to the natural resources authorities of the county-level or above people's governments. The natural resources authorities that receive the report shall deal with it in a timely manner in accordance with the law.

Article 31  Those who violate the provisions of these Measures and commit any of the following acts shall be punished by the natural resources authorities of the county-level or above people's governments in accordance with the provisions of Article 44 of the "Regulation on Geological Disaster Prevention and Control":

(1) Undertaking geological hazard risk assessment, geological hazard control engineering investigation, design, construction, and supervision without obtaining a geological disaster prevention and control unit qualification certificate or exceeding the scope permitted by its qualification level;

(2) Undertaking geological hazard risk assessment, geological hazard control engineering investigation, design, construction, and supervision in the name of other units or allowing other units to undertake such business in the name of this unit.

Article 32  Those who violate the provisions of these Measures and forge, alter, or trade geological disaster prevention and control unit qualification certificates shall be punished by the provincial-level or above people's government natural resources authorities in accordance with the provisions of Article 45 of the "Regulation on Geological Disaster Prevention and Control":

Article 33  Units applying for geological disaster prevention and control unit qualifications that violate the provisions of these Measures by concealing relevant information or providing false materials, the provincial-level people's government natural resources authorities shall make a decision not to accept or approve the application in accordance with the law, and include it in the list of abnormal geological exploration units according to the procedures and publicize it on the national geological exploration industry supervision and service platform. If the unit applies for geological disaster prevention and control unit qualifications again within one year, the provincial-level people's government natural resources authorities shall not accept it.

Article 34  Geological disaster prevention and control units that violate the provisions of these Measures and obtain geological disaster prevention and control unit qualification certificates through deceptive, bribery, or other improper means shall have their certificates revoked by the provincial-level or above people's government natural resources authorities in accordance with the provisions of Article 69 of the "Administrative License Law of the People's Republic of China"; and include it in the list of seriously untrustworthy geological exploration units according to the procedures. If the unit applies for geological disaster prevention and control unit qualifications again within three years, the provincial-level people's government natural resources authorities shall not accept it.

Article 35  In the supervision and inspection, those who conceal relevant information or provide false materials shall be ordered by the natural resources authority of the county-level or above people's government to rectify within a time limit, and shall be included in the abnormal register of geological exploration units by the natural resources authority of the provincial-level or above people's government according to the procedure, and shall be publicized on the national geological exploration industry supervision and service platform.

Article 36  In violation of the provisions of these Measures, if the staff of the natural resources authority of the county-level or above people's government abuses power, neglects their duties, or engages in malfeasance in the qualification approval and management of geological disaster prevention and control units, they shall be given disciplinary sanctions according to law; if their actions constitute a crime, they shall be transferred to the relevant authorities for investigation of criminal responsibility according to law.

Article 37 The relevant professional disciplines referred to in these Measures include hydrogeology, engineering geology, environmental geology, geological engineering, exploration technology and engineering, resource exploration engineering, groundwater science and engineering, geological resources and geological engineering, geological minerals, geological exploration, geological prospecting, geology, etc.

The relevant professional disciplines of civil water conservancy referred to in these Measures include geotechnical engineering, structural engineering, disaster prevention and mitigation engineering and protection engineering, water conservancy and hydropower engineering, hydraulic structure engineering, etc.

Article 38  Geological disaster prevention and control unit Class A and Class B qualification certificates obtained before the implementation of these Measures shall remain valid within their validity period.

Units that have obtained Class C qualifications for geological disaster prevention and control units before the implementation of these Measures and have undertaken geological disaster hazard assessment projects and geological disaster control engineering projects may continue to complete relevant projects according to the scope of work stipulated in the original qualification management measures; if they need to undertake new geological disaster hazard assessment projects and geological disaster control engineering projects, they shall apply for Class B qualifications for geological disaster prevention and control units according to the provisions of these Measures.

Article 39  These Measures shall come into force on January 1, 2023. The "Measures for the Management of Qualifications of Geological Disaster Hazard Assessment Units" (Order No. 29 of the Ministry of Land and Resources), "Measures for the Management of Qualifications of Geological Disaster Control Engineering Exploration, Design and Construction Units" (Order No. 30 of the Ministry of Land and Resources), and "Measures for the Management of Qualifications of Geological Disaster Control Engineering Supervision Units" (Order No. 31 of the Ministry of Land and Resources), issued by the former Ministry of Land and Resources on May 20, 2005, shall be repealed simultaneously.


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