Interim Provisions on the Administrative Discretion Benchmark for Emergency Management

Interim Provisions on the Administrative Discretion Benchmark for Emergency Management

Order of the Ministry of Emergency Management of the People's Republic of China

(No. 12)

The Interim Provisions on the Administrative Discretion Benchmark for Emergency Management, as deliberated and adopted at the 25th executive meeting of the Ministry of Natural Resources on October 7, 2023, are hereby issued and shall come into force on January 1, 2024.

Minister: Wang Xiangxi

November 1, 2023

Interim Provisions on the Administrative Discretion Benchmark for Emergency Management

Chapter I General Provisions

Article 1 For the purposes of establishing and improving the administrative discretion benchmark system for emergency management, standardizing the exercise of administrative discretion, ensuring the effective implementation of laws and regulations on emergency management, and protecting the legitimate rights and interests of citizens, legal persons and other organizations, these Provisions are developed in accordance with the Law of the People's Republic of China on Administrative Penalty, the Administrative Licensing Law of the People's Republic of China and other laws and regulations and relevant provisions.

Article 2 These Provisions shall apply to the development, implementation and management of the administrative discretion benchmark of the emergency management department. The development, implementation and management of the administrative discretion benchmark of fire rescue institutions, mine safety supervision institutions and seismic operation institutions shall be governed by the relevant provisions of these Provisions.

For the purpose of these Provisions, administrative discretion benchmark for emergency management refers to the specific law enforcement measures and standards announced to the public and implemented in a specific form, which specify and quantify the law enforcement authority, margin of discretion and other contents in laws, regulations and rules with principle provisions or certain flexibility, on the basis of the administrative punishment, administrative license, administrative collection and requisition, administrative coercion, administrative inspection, administrative confirmation, administrative payment and other administrative acts in light of the different facts and circumstances involved in the discretion, in consideration of the work reality.

Article 3 The administrative discretion benchmark for emergency management shall comply with the provisions of laws, regulations and rules on administrative law enforcement matters, conditions, procedures, types and scope, effectively conduct connection between the general law adjusting common administrative acts and the specific regulation adjusting certain specific social relations or contents of certain respects, and ensure the unity, systemization and integrity of the legal system.

Article 4 For the development of the administrative discretion benchmark for emergency management, the opinions of citizens, legal persons and other organizations shall be extensively listened to, and the right to know and the right to participate of administrative counterparts and stakeholders shall be guaranteed in accordance with the law.

Article 5 For the development of the administrative discretion benchmark for emergency management, the types of administrative powers, as well as the facts, nature, circumstances, legal requirements and local economic and social development situation, and other factors shall be comprehensively considered, it is indeed necessary and appropriate, and in line with social public order and good customs and reasonable expectations of the public. Citizens, legal persons and other organizations shall be treated equally, and the results of handling matters of the same or similar category, nature and circumstances shall be basically consistent.

Article 6 Emergency management departments shall firmly establish the concept of law enforcement for the people, perform their duties according to the law, simplify processes, specify conditions, optimize services, improve administrative efficiency, and provide convenience for citizens, legal persons and other organizations to the greatest extent.

Chapter II Development Responsibilities and Powers

Article 7 The administrative penalty discretion benchmark of the emergency management department shall be developed by the Ministry of Emergency Management, and the National Fire and Rescue Administration, the National Mine Safety Administration, the China Earthquake Administration shall, in accordance with their responsibilities, respectively develop administrative penalty discretion benchmark in the field of fire fighting, mine safety, and earthquake.

The emergency management departments of all provinces, autonomous regions, municipalities directly under the Central Government and at the districted city level, fire rescue institutions of all provinces, autonomous regions and municipalities directly under the Central Government, all provincial bureaus of the National Mine Safety Administration, and all earthquake bureaus of all provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with laws, regulations and rules, as well as the administrative penalty discretion benchmark developed by administrative authorities at higher levels, develop the administrative penalty discretion benchmark in the administrative region (law enforcement jurisdiction).

The emergency management department at the county level may, within the statutory scope, rationally specify and quantify the standards, conditions, types, extents, methods, and time limits applicable to the administrative penalty discretion benchmark developed by the emergency management department at higher levels.

Article 8 The administrative discretion benchmark of the emergency management department for administrative licensing, administrative expropriation, administrative coercion, administrative inspection, administrative confirmation, administrative payment and other administrative acts shall be developed by the emergency management department responsible for implementing the administrative act or the emergency management department of the province (autonomous region, or municipality directly under the Central government) in accordance with laws, regulations, rules and relevant provisions issued by the people's government at the corresponding level.

Article 9 The emergency management department shall, in an appropriate form, disclose the administrative discretion benchmark for emergency management to the public on the website or at the administrative service hall of the relevant government, the administrative office of the authority and other places, and accept the supervision of citizens, legal persons and other organi......