Kunming Fireworks and Firecrackers Policy in 2023

In order to further standardize the operation behavior of fireworks and firecrackers in Kunming Dianchi National Tourism Resort (hereinafter referred to as the "Resort"), comprehensively improve the level of safety management, effectively build a safe foundation, and effectively protect public safety, according to relevant laws, regulations, policies and measures, the relevant matters concerning the retail business license of fireworks and firecrackers in the resort during the Spring Festival of 2023 are hereby announced as follows:

I. Basic principles

(a) adhere to the total control. During the Spring Festival in 2023, the total number of short-term retail outlets for fireworks and firecrackers in the resort will not exceed 20, including 6 in the ridge area/kloc-0 and 4 in the fishing area. Strictly implement the "one enterprise, one point, one license", no more than 20 licensed retail enterprises, and no more than 20 fireworks and firecrackers business (retail) licenses.

(2) Unified operation time. Strictly implement the Measures for the Safety Management of Fireworks and Firecrackers in Kunming (OrderNo. Kunming Municipal People's Government 158). During the Spring Festival of 2023, the short-term retail time of fireworks and firecrackers in the resort will be 65438+1October 1 1 until February 5, 2023, and will be temporarily adjusted when relevant work needs it.

(3) Strictly enforce the license. During the Spring Festival of 2023, the "Fireworks and Firecrackers Business (Retail) License" of the resort strictly implements "enterprise application" and "one enterprise, one point, one license". The legal representative of the enterprise must apply on behalf of the enterprise as the applicant and serve as the main person in charge of the retail point. When the number of applications for retail business exceeds the total number of retail outlets, an open selection examination will be held to select 20 qualified enterprises for licensing. Adhere to the strict safety access mechanism and examine and approve according to laws and regulations.

2. Requirements for applying for retail business.

(1) The applicant has People's Republic of China (PRC) nationality and full capacity for civil conduct;

(2) The applicant holds a business license (except catering, hardware, electric welding and other industries involving hot work, inflammable and explosive) and is the legal representative of the business license, and the applicant is consistent with the legal representative;

(3) Conforming to the retail commercial layout plan formulated by the industry department in charge of the resort;

(four) the main person in charge has passed the safety training, and the sales staff has received safety knowledge education;

(five) the implementation of specialty store sales;

(6) site selection, external distance, area and storage restrictions, plane layout, building structure, fire control and electricity consumption, business behavior, safety management, etc. Retail premises must comply with the Technical Specification for Safety of Fireworks Retail Stores (Points) (AQ4128-2019);

(seven) other conditions stipulated by laws and regulations.

3. Documents to be submitted when applying for retail business.

(1) Pre-application materials

1. Application for retail operation of fireworks and firecrackers during the Spring Festival in the resort (copy 1 copy, downloaded and printed by the applicant, signed by the applicant and stamped with the official seal of the enterprise);

2. A letter of commitment for the retail operation of fireworks and firecrackers in the resort (filled in on the spot, signed by the applicant and stamped with the fingerprint);

3. A copy of the applicant's ID card;

4. A copy of the business license (copy) issued by the market supervision and management (industrial and commercial administration) department as the legal representative of the applicant. The business license and domicile are registered in the resort area, and the business scope is catering, hardware, electric welding and other industries except hot work, inflammable and explosive;

5. Two recent color half-inch bareheaded photos of the applicant (one is pasted on the application form, and the other is marked with name on the back for future use).

(two) the examination materials to be submitted by the enterprise that is allowed to accept the application in the later period.

1. Application for approval of fireworks business (retail) license (in quadruplicate, provided uniformly and filled in as required);

2. A copy of the business license (with the approval of the market supervision and management department, the business scope and business address are added for the record);

3. A copy of the household registration book of the principal person in charge (the proof of permanent residence in Kunming and the household registration in the main city of Kunming are provided at the same time);

4 copies of identity cards of safety production management personnel and other employees (each 1 copy);

5. Copies of the assessment certificates of safety production knowledge and management ability of the main person in charge and safety production management personnel (each 1 copy);

Six copies of safety training certificates for other employees (one for each);

7. A copy of the safety technical report on the safe warehouse of retail outlets;

8. Purchase the safety production liability insurance of retail outlets and copies of all employees' personal accident insurance vouchers;

9. Standardize the series of safety management systems and emergency plans of retail outlets;

10. The original of the franchise chain safety supervision and management agreement signed with the wholesale service enterprise to which the retail outlets belong;

1 1. A copy of the fireworks purchase contract (including details) signed with the wholesale service enterprise affiliated to the retail outlet.

Four, the retail business license workflow

(1) Apply and submit the application materials. Enterprises that meet the requirements specified in Items 2 and 3 of this announcement and voluntarily participate in the short-term retail service of fireworks and firecrackers during the Spring Festival in the resort may apply and submit documents and materials in accordance with Item 3 of this announcement. Pre-application materials must be submitted by the enterprise applicant in person at the specified time and place, and subject to on-site audit.

(two) on-site audit application materials. For the pre-application materials submitted by the applicant, the issuing authority will conduct centralized on-site audit to comprehensively examine whether the applicant has the application qualification. If the documents and materials are complete and meet the requirements, they shall be attached and a notice of attachment shall be issued on the spot. If the documents and materials are incomplete or do not meet the requirements, they shall not be attached.

(three) to determine the acceptance of enterprise applications. According to the review of the application materials, determine the acceptance method of the application for retail operation of fireworks and firecrackers during the Spring Festival in the resort. When there are no more than 20 qualified applicants, all applications for retail business are directly allowed to be accepted; When the number of companies exceeds 20, we will adhere to the principle of "openness, fairness and justice", organize public selection examinations, select 20 companies to accept retail business applications, and issue an application acceptance notice. Other applications will not be accepted, and the submitted application materials will be returned.

(4) Organizing the selection of retail outlets. After the enterprises that are allowed to accept the application for retail business are determined, a retail point selection meeting will be held at a unified time and place. All applicants (legal representatives) of enterprises that are allowed to accept retail business applications will attend the meeting. For the 20 short-term retail outlets identified in the Layout Planning of Short-term Retail outlets for Fireworks and Firecrackers in Holiday Areas (2023 Edition), according to the order of enterprises (applicants), the spot is selected by 1 point one by one.

(5) Strictly implement the condition review. Enterprises that are allowed to accept applications for retail business and complete the selection of retail outlets shall, within 20 working days, submit relevant documents and materials in person at the designated place in accordance with the provisions of Item 3 "(II) Review Materials to be submitted by enterprises that are allowed to accept applications later" of this announcement. After receiving the above-mentioned documents and materials, the issuing authority shall examine the applicant's conditions, solicit opinions from the public security, market supervision, urban management departments and neighborhood offices where the resort is located, and make a decision on whether to issue a retail license within 20 working days.

(six) standardize the printing and issuance of licenses. For enterprises that agree to issue retail licenses, in strict accordance with the provisions of the emergency department, enter the relevant information such as the license scope, business address, approved dosage (fill in the number of allowed storage boxes and equivalent dosage respectively) in the "authentication procedure" of the fireworks flow system, use anti-counterfeiting paper that meets the requirements of the fireworks business license of the emergency department, and print the "fireworks business (retail) license" in the "authentication procedure". The retail license shall be issued after the warehouse is laid out in the retail outlets and the on-site safety conditions are verified to be qualified, and shall be recovered within 1 day after the retail validity period ends.

Verb (short for verb) Submit documents and materials.

(1) Submit the preliminary application materials.

1. Submission time: 2022 10 to 2022 10/0/0/0/0/0/0/8 (9:00 a.m. to 9: 00 p.m. 17:00 p.m.), and it will not be delivered after the deadline.

2. Place of submission: Law Enforcement Squadron of Safety Production Supervision and Management of Urban Administration Bureau of Dianchi National Tourism Resort, Kunming (Room KLOC-0/006, 1st Floor, Annex Building, Dianchi Road, Kunming).

3. Tel: 087 1-64892593.

(2) Submit materials for later review.

1. submission time: 20 enterprises that are allowed to accept the application should submit it within 20 working days after receiving the application acceptance notice and completing the selection of retail outlets. If the application is not submitted within the time limit, it will be deemed as a waiver and will not be accepted.

2. Place of submission: Law Enforcement Squadron, Administration of Work Safety, Dianchi National Tourism Resort, Kunming (Room 406, 4th Floor, Main Building, Dianchi Road 1389, Kunming).

(3) Submission requirements

1. Submit documents and materials in accordance with the relevant provisions of Item 3 of this announcement.

2. If the submitted documents and materials are duplicates, they shall be stamped with the official seal of the enterprise, and marked "This document is consistent with the original", and the original shall be submitted for inspection.

3. All documents and materials must be submitted by the applicant in person, and shall not be submitted by an agent, and shall be responsible for the authenticity of the materials.

Six, the implementation of open selection examination.

(1) Examination organization. Take computer examination, unify the time, place and requirements, and organize all qualified applicants to participate under the premise of complying with the epidemic prevention and control policy. After the reference personnel log in to the examination system, the system randomly matches a group of questions with the same number and type from the examination database, and all the reference personnel answer them within the specified time. After submission, the system will display individual test scores on the spot, confirm the results on the spot, and publicize the test scores of all reference personnel on the spot. According to the test scores from high to low, the top 20 enterprises are determined, and the tied scores are determined by on-site lottery. During the review process, discipline inspection and supervision departments and notary agencies are invited to participate in the supervision. The specific arrangement of the examination will be notified separately, and the time will be coordinated with other areas in the main city.

(2) Examination scope:

Law of People's Republic of China (PRC) on Work Safety

People's Republic of China (PRC) Fire Protection Law

People's Republic of China (PRC) Public Security Administration Punishment Law

People's Republic of China (PRC) Administrative Licensing Law

Administrative Punishment Law of the People's Republic of China

Regulations on the safety management of fireworks and firecrackers

"Regulations on Safety Management of Fireworks Production and Operation" (Decree No.93 of state administration of work safety)

Measures for the implementation of the business license for fireworks and firecrackers (Order No.65 of the State Administration of Work Safety)

Provisions on Safety Training of Production and Business Units (Decree No.63 of state administration of work safety)

Measures for the Administration of Emergency Plans for Production Safety Accidents (Decree No.88 of state administration of work safety)

Interim Provisions on the Administration of Safety Accident Investigation (DecreeNo. state administration of work safety 16)

Technical Specification for Safety of Fireworks Retail Stores (Points) (AQ4 128-20 19)

Safety and quality of fireworks and firecrackers (GB10631-2013)

Detailed rules for the implementation of the business license for fireworks and firecrackers in Yunnan Province (Announcement No.37 of the Provincial Administration of Work Safety)

Measures for the Administration and Safety of Fireworks and Firecrackers in Kunming (OrderNo. 102) Kunming Municipal People's Government 158)

Regulations of Kunming Municipality on the Administration of City Appearance and Environmental Sanitation

Seven, particularly clear matters

(1) All documents and materials submitted by retail business applicants must be true and valid. After the materials are examined, selected, examined and approved, the resort urban management bureau (safety supervision) will issue the Fireworks Business (Retail) License. Fireworks and firecrackers are high-risk industries. Students are not allowed to apply in principle.

(2) In order to implement the national, provincial and municipal requirements of "enterprise application" and "the applicant is consistent with the legal representative" for the fireworks business license, the applicant must hold a business license issued by the market supervision and management (industrial and commercial administration) department, and the "legal representative" (non-"operator") registered in the business license must be consistent with the applicant. Because the business license needs to be added with the approval of the market supervision and management department after the applicant's subsequent application for permission is accepted, the business license and residence should be registered in the resort, and the business scope includes catering, hardware, electric welding and other industries except hot work, inflammable and explosive.

(3) Strictly implement Kunming's regulations that both long-term retail stores and temporary point-of-sale stores should apply in accordance with the requirements of "one enterprise, one point, one certificate", that is, the main person in charge of an enterprise should apply for a fireworks business (retail) license and can only operate in the same place. Other counties (cities), development (holiday) areas have applied for fireworks retail stores (spots), and may not apply in the holiday area. Once found, it will not be accepted, and will be notified to the Municipal Emergency Bureau and other emergency (safety supervision) departments of counties (cities) and development (holiday) areas.

(4) Candidates who have received the notice of succession should carefully prepare for the selection examination according to the relevant requirements. The exam does not specify a counseling book, nor does it entrust any training institution to conduct pre-test training. The documents and materials specified in the examination scope are the latest version, and applicants can find and learn by themselves. During the examination, strictly abide by the examination discipline, obey the arrangement of invigilators, and do not substitute for the examination, cheat or illegally use electronic products. If you find cheating, taking the test, not observing the discipline of the examination room, etc. , cancel the qualification and cancel the results, and notify the personal credit management department to handle it.

(5) During the application for retail operation, the epidemic prevention and control policies must be strictly implemented, and personal epidemic prevention should be strictly carried out. When it is not necessary, masks should be worn all the time. To enter any relevant places, you must declare your health according to law through the "Yunnan Health Declaration System". Normal activities can only be carried out after the health declaration is normal and the green code of health code and travel code is obtained.

It is hereby announced