Emergency Response Law of the People's Republic of China
Order of the President No.69
The Emergency Response Law of the People's Republic of China, adopted at the 29th Meeting of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on August 30, 2007, is hereby promulgated and shall go into effect as of November 1, 2007.
President Hu Jintao
August 30, 2007
(Adopted at the 29th Meeting of the Standing Committee of the Tenth National People's Congress on August 30, 2007)
第一章 总 则
Chapter 1 General Provisions
Chapter 2 Prevention and Emergency Preparedness
Chapter 3 Monitoring and Early Warning
Chapter 4 Emergency Response and Rescue
Chapter 5 Recovery and Reconstruction
Chapter 6 Legal Liabilities
第七章 附 则
Chapter 7 Supplementary Provisions
第一章 总 则
Chapter 1 General Provisions
Article 1 This Law is enacted in order to prevent and reduce the occurrence of emergencies, control, mitigate and eliminate the serious social harm caused by emergencies, regulate the activities in response to emergencies, protect the life and property of the people, and maintain national security, public security, environmental safety and social order.
Article 2 This Law is applicable to such activities as the prevention and preparation, monitoring and early warning, emergency disposal and rescue, and post- emergency rehabilitation and reconstruction for emergencies.
Article 3 For the purposes of this Law, emergencies include natural disasters, calamitous accidents, public health incidents and public security incidents, which occur suddenly and have caused or may cause serious social harm and for which measures for handling emergencies need to be adopted.
According to such factors as the degree of social damage and scope of impact, natural disasters, accidental disasters and public health incidents are classified into four levels: extremely serious, serious, relatively serious and ordinary. Where the laws, administrative regulations or the State Council stipulate otherwise, such provisions shall prevail.
The standards for classification of emergencies shall be formulated by the State Council or the department designated by the State Council.
Article 4 The State establishes a system for administration of emergency response, which is characterized by unified leadership, comprehensive coordination, categorized management, responsibility at different levels and, chiefly, territorial management.
Article 5 The principle of putting prevention first and combining prevention with emergency response shall be applied in the response to emergencies. The State shall establish a risk assessment system for major emergencies, carry out comprehensive assessment of potential emergencies, reduce the occurrence of major emergencies, and minimize the impact of major emergencies.
Article 6 The State shall establish an effective social mobilization mechanism to enhance all citizens' awareness of public security and risk prevention and control and improve the ability of the whole society to avoid risks and give assistance.
Article 7 The people's government at the county level shall be responsible for making a response to an emergency incident within its administrative region; where two or more administrative regions are involved in an emergency incident, the common people's government at the next higher level for the relevant administrative regions or the people's governments at the next higher level for the relevant administrative regions shall be responsible for making a joint response.
After the occurrence of an emergency incident, the people's government at the county level at the place of occurrence shall immediately take measures to control the development of the incident, organize and carry out emergency response rescue activities and operations, and immediately report the matter to the people's government at the next higher level or, when necessary, do so by bypassing the people's government at the next higher level.
Where the people's government at the county level at the place where an emergency occurs is unable to eliminate or effectively control the serious social harm caused by the emergency, it shall, in a timely manner, report the matter to the people's government at a higher level. The people's government at the next higher level shall promptly take measures and be solely responsible for directing emergency response operations.
Where laws or administrative regulations provide that the relevant department of the State Council shall be responsible for making a response to an emergency incident, such provisions shall prevail; and local people's governments shall actively cooperate and provide the necessary support.
Article 8 The State Council shall, under the leadership of the Premier, study, decide on, and make deployment for, response to especially serious emergencies; it shall, in light of actual need, establish a national command for emergency response, which shall be responsible for work in this respect; and when necessary, it may send a work team to guide the relevant work.
Local people's governments at or above the county level shall set up a command for emergency response, which is composed of the principal leading persons of the said people's government, the leading persons of the departments concerned and the relevant leading persons of the units of the Chinese People's Liberation Army and of the People's Armed Police Force stationed there, to exercise unified leadership over and coordinate the work of the relevant departments of the said people's government and the people's governments at lower levels in responding to emergencies; and they shall, in light of actual need, set up commands commensurate with the types of emergencies, which shall organize, coordinate and direct the work of responding to emergencies.
The competent departments of the people's governments at higher levels shall, within the scope of their respective duties, give guidance and assistance to the people's governments at lower levels and their relevant departments in making a success of the response to a relevant emergency incident.
Article 9 The State Council and the local people's governments at or above the county level shall be the leading administrative organs for response to emergencies, and their offices and specific duties shall be defined by the State Council.
Article 10 Decisions and orders made by a relevant people's government and its departments in response to an emergency incident shall be made public in a timely manner.
Article 11 The measures taken by the relevant people's government and its departments in response to an emergency shall be commensurate with the nature, extent and scope of the social harm that may be caused by the emergency; and where multiple measures are available, the measures shall be taken to protect the rights and interests of citizens, legal persons and other organizations to the maximum extent.
Citizens, legal persons and other organizations are obligated to participate in emergency response activities.
Article 12 To respond to an emergency, the relevant people's government and its departments may expropriate the property of units and individuals. The expropriated property shall be timely returned after the completion of use or emergency response operations. Where property is expropriated or the property is damaged or lost after expropriation, appropriate compensation shall be made.
Article 13 Where litigation, administrative reconsideration or arbitration cannot be conducted normally because of the adoption of emergency response measures, the provisions on suspension of limitation period or of proceedings shall apply, unless otherwise provided by law.
Article 14 The People's Liberation Army of China, People's Armed Police Force and militia organizations shall participate in the emergency response rescue activities and operations in accordance with the provisions of this Law and other relevant laws, administrative regulations and military regulations as well as orders of the State Council and the Central Military Commission.
Article 15 The Government of the People's Republic of China shall carry out cooperation and exchange with the governments of other countries and the international organizations concerned in areas of emergency prevention, monitoring, early warning, emergency handling, rescue and relief, and post-emergency rehabilitation and reconstruction.
Article 16 Decisions and orders made by a people's government at or above the county level in response to an emergency incident shall be submitted for the record to the standing committee of the people's congress at the same level; and after the completion of emergency response operations, the people's government shall make a special work report to the standing committee of the people's congress at the same level.
Chapter 2 Prevention and Emergency Preparedness
Article 17 The State establishes a sound emergency response plan system.
The State Council shall make an overall state emergency response plan, and make arrangements for making a special state emergency response plan; and relevant departments of the State Council shall make a departmental state emergency response plan according to their respective functions and duties and in line with the relevant emergency response plans of the State Council.
Local people's governments at all levels and the relevant departments of the Local people's governments at or above the county level shall, in accordance with the relevant laws, regulations, rules, and the contingency plans prepared by the people's governments at higher levels and their relevant departments, and in light of the actual local conditions, make appropriate contingency plans for emergencies.
The authority making contingency plans shall modify the contingency plans from time to time according to actual needs and changes in situations. The procedures for making and amending contingency plans shall be formulated by the State Council.
Article 18 In a precautionary plan in response to an emergency shall, in accordance with the provisions of this Law and the relevant laws and regulations and in light of the nature and characteristics of the emergency and the potential social harm it may cause, be specified the organizational setup of command in response to the emergency and the duties of administration, the mechanism for prevention and early warning, the procedure for emergency handling, the guarantee measures in response to the emergency, the measures for post-emergency rehabilitation and reconstruction, etc.
Article 19 Urban or rural planning shall meet the needs for prevention and handling of an emergency, make overall arrangements for equipment and infrastructure construction necessary for emergency response, and rationally determine emergency shelters.
Article 20 The people's government at the county level shall, within its administrative area, check and register the sources of danger, which are liable to give rise to natural disasters, calamitous accidents and public health incidents, and the dangerous areas, assess the risks, regularly inspect and monitor such sources and areas, and order the units concerned to take safety and prevention measures.
People's governments at the provincial level or the people's governments of cities with districts shall make investigations, registrations and risk assessments of hazard sources and hazardous areas within their respective administrative regions which is likely to give rise to extremely serious or serious emergencies, make arrangements for inspections and monitoring and control, and order the entities concerned to take appropriate preventive safety measures.
The sources of danger and the dangerous areas registered according to the provisions of this Law by the local people's governments at or above the county level shall, in accordance with State regulations, be made known to the public in a timely manner.
Article 21 The people's governments at the county level and their relevant departments, the people's governments at the township level, the sub- district offices, the residents' committees and the villagers' committees shall, in a timely manner, mediate and handle the conflicts and disputes which may cause incidents endangering public security.
Article 22 Every unit shall establish a sound safety management system, regularly inspect the implementation of all its safety and prevention measures, and eliminate the hidden dangers in a timely manner; it shall grasp the problems existing in the unit that may cause incidents endangering public security and deal with them in a timely manner, in order to prevent the conflicts from intensifying and the situation from going out of control; and it shall, in accordance with relevant regulations, report in a timely manner the emergency that may occur in the unit and the safety and prevention measures taken therefor to the local people's government or its relevant department.
Article 23 Mines, construction units, and the units manufacturing, distributing, storing, transporting or using such hazardous articles as inflammable and explosive substances, dangerous chemicals and radioactive substances shall make emergency response plans, conduct screening inspection of the production and business operation sites, buildings and structures where hazardous articles are placed and the surrounding environment, and take timely measures to eliminate the hidden dangers and prevent the occurrence of emergencies.
Article 24 The units that operate or manage public means of transportation, public places or other places with a high density of people shall make emergency preplans, equip means of transportation or relevant places with alarm devices and necessary emergency rescue and relief equipment and facilities, clearly indicate their usage, mark the passages and routes for safe evacuation, and ensure that the safety passages and exits are unblocked.
The relevant units shall have the alarm devices and the emergency rescue and relief equipment and facilities regularly checked and maintained, in order that they are kept in good repair and ready for normal use.
Article 25 People's governments at or above the county level shall establish a sound training system for emergency response management to periodically train personnel of such people's governments and of their relevant departments who are responsible for emergency response operations.
Article 26 People's governments at or above the county level shall integrate their resources for emergency response, and form or designate teams for comprehensive emergency response rescue and relief. The relevant departments of the people's governments may, in light of actual need, build a professional emergency response rescue team.
People's governments at and above the county level and their relevant departments may establish an emergency response rescue team consisting of adult volunteers. An entity shall establish a full-time or part-time emergency rescue team composed of its employees.
People's governments at or above the county level shall strengthen cooperation between professional and non-professional teams for emergency rescue, by conducting joint training and joint drills, in order to raise their ability of combined and coordinated response to emergencies.
Article 27 The relevant departments of the State Council, local people's governments at and above the county level and their relevant departments and relevant units shall purchase personal accident insurance for professional emergency rescue personnel, equip them with necessary protective equipment and instruments, and reduce the personal risks of emergency rescue personnel.
Article 28 The Chinese People's Liberation Army, the Chinese People's Armed Police Force and the militia shall, in a planned way, organize and conduct special training for emergency rescue.
Article 29 People's governments at the county level and their relevant departments, people's governments at the township level, and sub- district offices shall organize and conduct publicity of emergency response knowledge and necessary emergency response drills.
Residents' committees, villagers' committees, enterprises and public institutions shall, in compliance with the requirements of the people's government at the place where they are located and in light of their respective actual conditions, conduct dissemination of the knowledge on emergency response and the necessary emergency response drills.
News media shall carry out free and charitable publicity activities with respect to emergency incident prevention and response, self-rescue and mutual rescue.
Article 30 Schools at various levels and of various types shall include emergency response knowledge education in their curriculum to educate students on emergency response knowledge and foster the safety awareness and self-rescue and mutual rescue abilities of students.
The competent education departments shall guide and supervise schools in carrying out education on emergency response knowledge.
Article 31 The State Council and the local people's governments at or above the county level shall take fiscal measures to guarantee the funds needed for emergency response.
Article 32 The State establishes a sound guarantee system for material reserves for emergency response, and improves the system of supervision, production, reserve, allocation and urgent distribution of the important materials for emergency response.
People's governments at or above the level of a city divided into districts and people's governments at the county level at the places where emergencies are liable to occur or occur frequently shall establish a system for reservation of materials for emergency rescue, of the daily necessities and of the gears for emergency handling.
Local people's governments at or above the county level shall, in light of their local realities, enter into agreements with the enterprises concerned to ensure the production and supply of the materials for emergency rescue, of the daily necessities and of the gears for emergency handling.
Article 33 The State establishes a sound guarantee system for emergency communication, improves the public communication network, and establishes an emergency communication system which combines wire and wireless communication and which combines the basic telecommunication network and the mobile communication system, in order to ensure the smoothness of communications for emergency response.
Article 34 The State encourages citizens, legal persons and other organizations to provide materials, funds and technical support and make donations to people's governments for emergency response activities.
Article 35 The State develops the insurance industry, establishes a risk insurance system for huge disasters, which is financed by the government, and encourages entities and citizens to buy insurance.
Article 36 The State encourages and supports the teaching and scientific research institutions which meet the corresponding requirements to train professionals in administration of emergency response, and encourages and supports such institutions and the enterprises concerned to research and develop new technologies, equipment and instruments for prevention, monitoring and early warning of emergencies and for emergency handling and rescue.
Chapter 3 Monitoring and Early Warning
Article 37 The State Council shall establish a unified national information system for emergencies.
Local people's governments at or above the county level shall establish or set up local unified information systems for emergencies, collect, store, analyze and transmit information on emergencies, and connect their systems with those of the people's governments at higher levels and their relevant departments, the people's governments at lower levels and their relevant departments, the specialized institutions and the monitoring networks, in order to strengthen inter-departmental and inter-regional exchange of information and intelligence cooperation.
Article 38 People's governments at or above the county level and their relevant departments and the professional institutions shall collect information on emergencies through a variety of channels.
People's Governments at county level shall establish a full-time or part-time information reporter system for residents' committees, villagers' committees and the relevant organisations.
A citizen, legal person or any other organization that has knowledge of emergency incident information shall immediately report to the local people's government, the relevant competent department or the designated professional institution.
Article 39 Local people's governments at various levels shall, in accordance with the relevant provisions of the State, submit information on emergencies to the people's governments at higher levels. The relevant competent departments of the people's governments at or above the county level shall notify the relevant departments of the said people's governments of emergencies. Specialized institutions, monitoring networks and information reporters shall, in a timely manner, report information on emergencies to the local people's governments and their relevant competent departments.
When the relevant entities and persons submit or report information on emergencies, they shall do so in a timely, objective and truthful manner, and may not delay the submission or report, give false report, conceal facts or make omissions in the report.
Article 40 Local people's governments at or above the county level shall, in a timely manner, collect and analyze the information on the hidden dangers that may lead to emergencies and the early warnings about emergencies and, when necessary, they shall organize consultation among the departments concerned, professional technicians, experts and scholars to assess the possibility of occurrence of emergencies and the repercussions of the emergencies; and if they believe that a serious or especially serious emergency is likely to occur, they shall report the matter immediately to the people's government at the higher level and notify the relevant departments of the people's government at the higher level, the army units stationed there and the people's governments of the adjacent or related areas which may be endangered.
Article 41 The State establishes a sound emergency monitoring system.
People's governments at or above the county level and their relevant departments shall, in light of the types and characteristics of natural disasters, calamitous accidents and public health incidents, establish a sound basic information database, improve their monitoring networks, divide the regions for monitoring, determine the sites and define the items for monitoring, provide the necessary equipment and facilities, and assign full-time or part-time personnel to monitor potential emergencies.
Article 42 The State establishes a sound early warning system for emergencies.
The early warnings about natural disasters, calamitous accidents and public health incidents that can be forewarned shall, according to the urgency, development trend and possible damage of emergencies, be classified into four levels, which shall be indicated respectively in red, orange, yellow and blue, one being the highest level.
The standards for classifying the grades of early warnings shall be formulated by the State Council or the department designated by the State Council.
Article 43 When a natural disaster, calamitous accident or public health incident that can be forewarned is imminent or the possibility of its occurrence increases, the local people's government at or above the county level shall, within the limits of its power and in compliance with the procedures, as prescribed by relevant laws and administrative regulations and by the State Council, give an alarm of the appropriate grade, decide and declare that the areas concerned enter a period of early warning and, at the same time, report the matter to the people's government at the next higher level and, when necessary, it may do so by bypassing the government at the next higher level, and it shall notify the troops stationed there and the people's governments of the adjacent or related areas which may be endangered.
Article 44 After issuing a third or fourth alarm and making a declaration with respect to the commencement of an early warning period, local people's governments at and above the county levels shall, in light of the characteristics and possible damage of emergency incidents to occur very soon, take the following measures:
1. Putting into practice emergency response plans;
(II) ordering the relevant departments, professional institutions, monitoring networks and persons with specific duties to timely collect and report the relevant information, make available to the public channels for reporting emergency incidents, and strengthening the monitoring, forecasting and early-warning activities with respect to the occurrence and development of emergency incidents;
(III) Organizing the relevant departments and institutions, professional technicians, relevant experts and scholars to make analysis and assessment on the information about emergencies at any time and to predict the possibility of emergency incidents, the scope and intensity of their repercussions and the grades of emergency incidents likely to occur;
(IV) Making known to the public on a regular basis the forecast information on any emergency incident related to the public and the results of analysis and evaluation, and managing the reporting of relevant information; and
(V) Promptly issuing to the public a warning of damage likely to be caused by an emergency incident pursuant to relevant provisions, giving publicity to common knowledge concerning the avoidance or mitigation of damage, and making public the consulting telephone number.
Article 45 After issuing a first or second alarm and making a declaration with respect to the commencement of an early-warning period, local people's governments at and above the county levels shall, in addition to the measures specified in Article 44 hereof, take one or more of the following measures in light of the characteristics and possible damage of emergency incidents to occur very soon:
1. ordering emergency rescue teams and persons with specific duties to be in a standby state, and mobilizing reserve personnel to make preparations for participating in emergency rescue and disposal;
(II) Allocating materials, equipment and instruments necessary for emergency response rescue activities, making preparation for emergency response facilities and shelters and ensuring that such facilities and shelters are in good condition and can be normally put into use at any time;
(III) Strengthening the safety protection of key entities, important parts and important infrastructures, and maintaining the public security order;
(IV) take necessary measures to ensure the safety and normal operation of public facilities such as transportation, communication, water supply, drainage, power supply, gas supply, or heating supply facilities; and
(V) Releasing to the public recommendations or advice relating to the avoidance or mitigation of damage by taking specific measures;
(VI) Transferring, dispersing or evacuating people likely to be affected by the emergency incidents and making proper arrangements for them and transferring important property;
(VII) Closing down or restricting the use of places vulnerable to the damage caused by emergencies, and controlling or restricting activities in public places which are likely to cause the expansion of damage; and
(VIII) other necessary preventive and protective measures specified in laws, regulations and rules.
Article 46 With regard to public security incidents that are about to occur or have occurred, local people's governments at or above the county level and their relevant competent departments shall, in accordance with the regulations, report the incidents to the people's governments at the next higher level and their relevant competent departments and may, when necessary, report by bypassing the immediate authority.
Article 47 The people's government giving the alarm of an emergency shall, in accordance with relevant regulations and, in light of the development of the situation, make an appropriate adjustment of the grade of the early warning and publish the same anew.
Where there is any fact proving that it is impossible for an emergency incident to occur or the danger of such an emergency incident has been removed, any people's government that issues a warning shall immediately make a declaration for the removal of the warning, terminate the period of early warning and remove the relevant measures that have been taken.
Chapter 4 Emergency Response and Rescue
Article 48 After the occurrence of an emergency incident, any people's government which discharges the functions and duties of unified leadership or makes arrangements for emergency response operations shall, in light of the nature, characteristics and degree of damage of the emergency incident, immediately arrange for relevant departments to mobilize emergency response rescue teams and social forces and take emergency response operation measures in accordance with the provisions of this Chapter and relevant laws, regulations and rules.
Article 49 After the occurrence of a natural disaster, accidental disaster or public health incident, any people's government which performs the functions and duties of unified leadership may take one or more of the following emergency response operation measures:
1. Making arrangements to rescue and cure injured people, dispersing, evacuating and making proper arrangements for endangered people, and taking other salvation measures;
2. Promptly keeping hazard sources under control, marking dangerous areas, closing off dangerous places, delimiting security areas, and imposing traffic control and other control measures;
(III) Immediately rushing to repairing public facilities such as transportation, communication, water supply, drainage, power supply, gas supply, or heating supply facilities which are damaged, providing people who are endangered with shelters and necessities of life, giving medical aid, taking sanitation and epidemic prevention measures and taking other safeguard measures;
(IV) prohibiting or restricting the use of relevant equipment or facilities, closing or restricting the use of relevant places, suspending people-intensive activities or production or operation activities that may cause the expansion of damage, and taking other protective measures;
(V) using financial reserve funds set and emergency response rescue resources reserved by any such people's government and transferring other resources, equipment, facilities and instruments in urgent need where necessary; and
(VI) organizing citizens to participate in emergency rescue and handling, and requiring persons with specific expertise to provide services;
(VII) Ensuring the supply of food, drinking water, fuel and other basic necessities of life;
(VIII) Punishing severely in accordance with the law any party who corners the market, drives up prices, produces or sells fake goods and commits other acts which disturb the order of the market, stabilizing the market price and maintaining the order of the market; and
(IX) Punishing severely in accordance with the law any party who plunders another party's property, interferes with or disrupts the emergency response and any other act that disturbs the social order so as to maintain public order; and
(X) Taking necessary measures to prevent the occurrence of any secondary or derivative incident.
Article 50 After a social security incident occurs, the people's government responsible for organizing the handling of the incident shall immediately make arrangements for relevant departments to take one or more of the following emergency response handling measures according to the nature and characteristics of the incident and in accordance with relevant laws, administrative regulations and other relevant provisions of the State:
1. Compulsorily segregating parties who fight each other with devices or participate in conflicts with violence, properly resolving disputes and conflicts at the scene, and controlling the development of the situation;
(II) Control buildings, transportation vehicles, equipment, facilities and the supply of fuel, gas, power and water in a given area;
(III) Closing off relevant places and roads, examining the identity certificates of people on the scene, and restricting the activities at relevant public places;
(IV) Making more efforts to protect the security of core organs and entities which are vulnerable, and establishing temporary security lines around state organs, military organs, state news agencies, radio stations, television stations, foreign embassies and consulates in China and other entities;
(V) other necessary measures specified by laws, administrative regulations and the State Council.
When an incident seriously endangering public security occurs, the public security organ shall immediately send out policemen and, in light of the situation at the scene, take appropriate compulsory measures according to law to restore social order as soon as possible.
Article 51 Where the occurrence of an emergency incident seriously affects the normal operation of the national economy, the State Council or the relevant competent departments authorized by the State Council may take safeguard, control and other necessary emergency response measures to ensure the supply of basic necessities of life to the people and to the maximum extent mitigate the effect of such an emergency incident.
Article 52 The people's government performing the duty of unified leadership or being responsible for organizing the handling of an emergency may, when necessary, expropriate from units or individuals equipment, facilities, premises, means of transport and other materials needed for emergency response rescue, request other local people's governments to provide manpower, material resources, financial or technical support, require the enterprises that produce or supply daily necessities and materials for emergency response rescue to organize production and ensure supply, and require the organizations that provide public services such as medical treatment and transportation to provide corresponding services.
Any people's government which discharges the functions and duties of unified leadership or makes arrangements for emergency response operations shall make arrangements for and bring into line entities engaged in transport services to first transport materials, equipment and instruments necessary for emergency response operations, emergency response rescue staff and people affected by the emergency.
Article 53 The people's government performing the duty of unified leadership or being responsible for organizing the handling of an emergency shall, in accordance with the relevant regulations, publish uniform, accurate and timely information on the development and handling of the emergency.
Article 54 No entity or individual may fabricate or disseminate false information on the development or handling of an emergency.
Article 55 Residents' committees, villagers' committees or other organizations at the places where emergencies occur shall, according to the decisions and orders of the local people's governments, conduct publicity and mobilization, organize the people to rescue themselves and each other, and help maintain the order of society.
Article 56 The unit that suffers natural disaster or in which a calamitous accident or public health incident occurs shall immediately mobilize its own rescue teams and staff members to rescue the victims, disperse and evacuate the persons endangered and have them resettled, take control of the sources of danger, clearly mark the endangered areas, blockade the endangered premises, and take other necessary measures for preventing the expansion of the scale of damage, and at the same time, it shall report the matter to the local people's government at the county level; if a social safety incident is caused by the problem of the unit itself or if its own staff members constitute the main participants in the incident, the said unit shall, according to relevant regulations, report the matter to the authority at a higher level and promptly send its leading persons to rush to the scene and conduct persuasion and mediation.
The other units in the place where an emergency occurs shall obey the decisions and orders issued by the people's government, cooperate with the people's government in implementing the measures it adopts for handling the emergency, do a good job of emergency rescue in their own units and actively organize persons to participate in emergency rescue and handling in their own localities.
Article 57 Citizens at the place where an emergency occurs shall follow the direction and arrangements of the people's government, residents' committees, villagers' committees or the units to which they belong, cooperate with the people's government in implementing the measures it adopts for handling the emergency, actively participate in emergency rescue and help maintain social order.
Chapter 5 Recovery and Reconstruction
Article 58 After the threat and damage of an emergency incident is controlled or eliminated, any people's government which discharges the functions and duties of unified leadership or makes arrangements for emergency response operations shall cease implementing emergency response operation measures which are taken in accordance with the provisions of this Law and at the same time take or continue to implement necessary measures to prevent the occurrence of any natural disaster, calamitous accident or secondary or derivative public health incident or the recurrence of any public security incident.
Article 59 After the completion of emergency response operations with respect to an emergency incident, any people's government which discharges the functions and duties of unified leadership shall immediately arrange for the evaluation of losses incurred as a result of the emergency incident, make arrangements for the affected areas to restore production, life, work and social order as soon as possible, make rehabilitation and reconstruction plans and report the plans to the people's government at the next higher level.
The people's government of a region affected by an emergency incident shall timely organize and coordinate the efforts of the relevant departments such as public security, transportation, railway, civil aviation, post and telecommunications, and construction departments to restore public order and repair as soon as possible public facilities such as transportation, communications, water supply, drainage, power supply, gas supply, or heating supply facilities which are damaged.
Article 60 Where the people's government of a region affected by an emergency incident needs the support of the people's government at the next higher level in carrying out rehabilitation and reconstruction activities, it may make a request to the people's government at the next higher level. The people's government at the next higher level shall, in light of losses suffered by and actual circumstances in the affected area, provide financial or material resources support and technical guidance, and make arrangements for other areas to provide financial, material resources and manpower support.
Article 61 The State Council shall, in light of losses suffered by a region affected by an emergency incident, formulate preferential policies in support of the development of relevant industries in such a region.
The people's government of the area affected by an emergency incident shall, in light of losses suffered by the area, make plans for relief, compensation, comfort, consolation, resettlement and other activities after the incident, arrange for the implementation of such plans, and properly settle the conflicts and disputes caused in the course of emergency incident disposal.
During the period when a citizen participates in emergency rescue or assists in maintaining social order, his/her wages, benefits and welfare in the entity in which he/she works shall remain unchanged. If he/she has made outstanding and remarkable achievements in this regard, the people's government at or above the county level shall commend or reward him/her.
People's governments at or above the county level shall, in accordance with law, make compensation to the persons who are injured or killed in the course of emergency rescue.
Article 62 Any people's government which discharges the functions and duties of unified leadership shall ascertain through investigations in a timely manner the cause and the process of an emergency incident, draw lessons from emergency response operations with respect to the emergency incident, formulate improvement measures, and make a report to the people's government at the next higher level.
Chapter 6 Legal Liabilities
Article 63 Where local people's governments at all levels and the relevant departments under the people's governments at or above the county level, in violation of the provisions of this Law, fail to perform their statutory duties, administrative organs at higher levels or supervisory organs shall order them to make rectification; under any of the following circumstances, the leading person directly in charge and the other persons directly responsible shall be given sanctions according to law in light of the circumstances:
1. Where they fail to take preventive measures in accordance with relevant provisions, thereby leading to the occurrence of any emergency incident, or fail to take necessary preventive measures, thereby leading to the occurrence of any secondary or derivative incident;
(II) Where they delay in reporting, misreport, conceal from being reported, or fail to report information on an emergency incident, or circulate, report, or release false information, thereby leading to any consequences;
(III) Where they fail to timely issue a warning with respect to an emergency incident or take measures for an early-warning period in accordance with the relevant provisions, thereby leading to the occurrence of any damage;
(IV) Where they fail to timely take measures to deal with an emergency incident in accordance with relevant provisions or deal with it improperly, thereby leading to any consequences;
(V) Where they fail to follow the unified leadership, direction and coordination of the people's government at the next higher level for emergency response operations with respect to an emergency incident;
(VI) Where they fail to timely organize and carry out self-help production, rehabilitation, reconstruction and other rehabilitation work;
(VII) Where the entity withholds, misappropriates, shares privately or does so in disguised form;
(VIII) Where they fail to timely return property expropriated from any entity or individual or fail to give compensation in accordance with relevant provisions to any entity or individual whose property is expropriated.
Article 64 Where an entity falls under any of the following circumstances, the local people's government performing the duty of unified leadership shall order it to cease production and business, temporarily withhold or revoke its permit or business license, and impose on it a fine of not less than 50,000 yuan but not more than 200,000 yuan; if the violation constitutes an act against public security administration, the public security organ shall impose on it a penalty in accordance with the law:
1. Where they fail to take preventive measures in accordance with relevant provisions, thereby leading to the occurrence of any serious emergency incident;
(II) Where the entity fails to timely eliminate any discovered hidden danger that may give rise to an emergency incident, thereby leading to the occurrence of any serious emergency incident;
(III) failing to properly maintain and test emergency equipment and facilities, causing the occurrence of any serious emergency incident or the expansion of any damage caused by an emergency incident; or
(IV) Where the entity fails to make timely arrangements for emergency response rescue activities after the occurrence of an emergency incident, thereby leading to any serious consequences.
Where other laws or administrative regulations provide that the punishment for any of the acts specified in the preceding paragraph shall be decided in accordance with the law by the relevant department under the people's government, such provisions shall apply.
Article 65 Any unit or individual that, in violation of the provisions of this Law, fabricates and disseminates false information on the development or handling of an emergency, or knowingly disseminates such false information, shall be ordered to put it right and shall be given a disciplinary warning; if serious consequences are caused, its business activities shall be suspended or its practicing license shall be revoked according to law; if the person directly responsible is a State functionary, he shall, in addition, be given sanctions according to law; and if a violation of the regulations for administration of public security is constituted, a penalty shall be imposed by the public security organ according to law.
Article 66 Where an entity or individual, in violation of the provisions of this Law, fails to follow any decisions or orders issued by the local people's government or its relevant departments, or refuses to cooperate with the measures taken thereby in accordance with the law, which constitutes a violation of public security administration, a penalty shall be imposed by the public security organ in accordance with the law.
Article 67 Where the occurrence of an emergency incident or the expansion of its damage caused by a violation of this Law by an entity or individual causes personal injuries or property damage, such an entity or individual shall bear civil liability in accordance with the law.
Article 68 Where a violation of the provisions of this Law constitutes a criminal offence, criminal liability shall be imposed according to the law.
第七章 附 则
Chapter 7 Supplementary Provisions
Article 69 Where an extremely serious emergency occurs, which poses a serious threat to the safety of the lives and property of the people, to national security, public security, environmental safety or social order, and the serious harm which inflicts on the society cannot be eliminated, kept under effective control or mitigated by taking the measures for handling emergency, as provided for in this Law and in other relevant laws, regulations and rules, therefore it is necessary to enter into a state of emergency, the matter shall be subject to decision made by the Standing Committee of the National People's Congress or the State Council within the limits of their power and according to procedure as provided for by the Constitution and the relevant laws.
The extraordinary measures taken during the period of a state of emergency shall be carried out according to the provisions of the relevant laws or be enacted separately by the Standing Committee of the National People's Congress.
Article 70 This Law shall go into effect as of November 1, 2007.
转载请注明出处： 法总荟 » 中华人民共和国突发事件应对法(中英文对照版)