Regulation on the Administration of Reservoir Dam Safety (2018 Revision)

Regulation on the Administration of Reservoir Dam Safety (2018 Revision) Regulation on the Administration of Reservoir Dam Safety (Issued in Order No. 77 of the State Council of the People's Republic of China on March 22, 1991; revised in accordance with the Decision of the State Council on Repealing and Amending Some Administrative Regulations by Order No. 588 of the State Council on January 8, 2011; and amended in accordance with the Decision of the State Council on Repealing and Amending Some Administrative Regulations on March 19, 2018) Chapter I General Provisions Article 1 For the purposes of strengthening the administration of reservoir dam safety and guaranteeing the safety of the people's lives and property and the socialist construction, this Regulation is developed in accordance with the Water Law of the People's Republic of China . Article 2 This Regulation shall apply to dams with the height of 15 meters or dams of reservoirs with the storage capacity of more than 1 million cubic meters within the territory of the People's Republic of China (hereinafter referred to as “dams”). Dams include permanent water retaining structures as well as flood discharge, water delivery, and ship-passing structures operating cooperatively with the said water retaining structures. The safety administration of dams with the height of not less than ten meters but not more than 15 meters, dams of reservoirs with the storage capacity of not less than 100,000 cubic meters but not more than 1 million cubic meters, and dams that are potential threats to the safety of important towns, traffic trunk lines, important military installations, and industrial and mining areas shall be governed by this Regulation. Article 3 The competent administrative department of water of the State Council shall, jointly with the relevant competent department of the State Council, conduct supervision over the safety of dams across the country. The competent administrative departments of water of the local people's governments at or above the county level shall, jointly with the relevant competent departments, conduct supervision over the safety of dams within their administrative regions. The relevant departments of water conservancy, energy, construction, transport, and agriculture at various levels are competent departments of dams within their respective jurisdictions. Article 4 The people's governments at various levels and the competent dam departments shall implement the administrative leadership responsibility system for the safety of dams within their respective jurisdictions. Article 5 The construction and administration of dams shall implement the guideline of “safety first.” Article 6 Any entity or individual shall have the obligation to protect the safety of dams. Chapter II Construction of Dams Article 7 The construction of a dam must comply with the technical standards for dam safety as developed by the competent administrative department of water of the State Council jointly with the relevant competent dam department. Article 8 There must be an engineering design for the construction of a dam. The engineering design of a dam must be undertaken by an entity with the corresponding qualification certificate. The engineering design of a dam includes the design of such administration facilities as engineering observation, communication, dynamics, lighting, transport, and fire control. Article 9 The construction of a dam must be undertaken by an entity with the corresponding qualification certificate. The entity undertaking the construction of a dam must construct the dam according to the design document, drawing requirements, and the relevant technical standards as prescribed in the construction contract. The construction entity and the design entity shall dispatch representatives to conduct supervision and inspection on the construction quality. Where the quality does not meet the design requirements, the construction must be started all over again or remedial measures must be taken. Article 10 In the construction of a dam, the construction entity shall, according to the approved design, request the people's government at or above the county level to designate the administration and protection scope in accordance with the state provisions and set up signs. Where the scope of administration and protection of a constructed dam has not been designated, the competent dam department shall, according to the needs of safety administration, request the people's government at or above the county......