Emergency Response Law of the People's Republic of China (2024 Revision)

Emergency Response Law of the People's Republic of China (2024 Revision)

Order of the President of the People's Republic of China
(No. 25)

The Emergency Response Law of the People's Republic of China, as revised and adopted at the 10th Session of the Standing Committee of the Fourteenth National People's Congress of the People's Republic of China on June 28, 2024, is hereby issued, and shall come into force on November 1, 2024.

Xi Jinping, President of the People's Republic of China
June 28, 2024

Emergency Response Law of the People's Republic of China
(Adopted at the 29th Session of the Standing Committee of the Tenth National People's Congress on August 30, 2007 and revised at the 10th Session of the Standing Committee of the Fourteenth National People's Congress on June 28, 2024)

Table of Contents
Chapter I General Provisions
Chapter II Management and Command System
Chapter III Prevention and Emergency Preparedness
Chapter IV Monitoring and Early Warning
Chapter V Emergency Response and Rescue
Chapter VI Post-emergency Rehabilitation and Reconstruction
Chapter VII Legal Liability
Chapter VIII Supplemental Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution for the purposes of preventing and reducing the occurrence of emergencies, controlling, mitigating, and eliminating the serious social harm caused by emergencies, improving the ability to prevent and respond to emergencies, regulating the activities in response to emergencies, protecting the life and property safety of the people, safeguarding the national security, public security, and ecological and environmental security, and maintaining the social order.
Article 2 For the purposes of this Law, “emergency” means a natural disaster, calamitous accident, public health incident, or social security incident, which occurs suddenly, has caused or may cause serious social harm, and requires the adoption of emergency response measures.
This Law shall apply to emergency prevention and emergency preparedness, monitoring and earning warning, emergency response and rescue, post-emergency rehabilitation and reconstruction, and other response activities.
If the response to public health emergencies is prescribed in the Law of the People's Republic of China on the Prevention and Treatment of Infectious Diseases or other relevant laws, such provisions shall apply. In the absence of such provisions in the relevant laws, this Law shall apply.
Article 3 According to the degree of social harm, scope of impact, and other factors, sudden natural disasters, calamitous accidents, and public health incidents are classified into four levels: especially serious, serious, major, and ordinary. If it is otherwise prescribed by any law or administrative regulation or the State Council, such provisions shall prevail.
The standards for the grading of emergencies shall be developed by the State Council or the department designated by the State Council.
Article 4 The emergency response shall adhere to the leadership of the Communist Party of China, follow the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of Three Represents, the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, a centralized, unified, efficient, and authoritative leadership system for emergency response with Chinese characteristics shall be established and improved, and the governance system featuring the leadership of the Party committee, governments' assumption of responsibilities, inter-departmental coordination, joint efforts of military and local authorities, social collaboration, public participation, scientific and technological support, and legal safeguards shall be improved.
Article 5 The emergency response shall adhere to a holistic approach to national security, coordinate development and security, put protecting the people and human life first, adhere to scientific response in accordance with the law, respect and safeguard human rights, and adhere to giving priority to prevention and integrating prevention with emergency response.
Article 6 The state shall establish an effective social mobilization mechanism, arrange for and mobilize all parties, including enterprises, public institutions, social organizations and volunteers, to legally participate in emergency response in a well-regulated manner, enhance the public's awareness of public security and risk prevention, and improve the ability of the whole society to avoid risks and provide assistance.
Article 7 The state shall establish and improve an emergency information release system. Relevant people's governments and departments shall promptly release to the public the information on emergencies and information on decisions, orders, and measures, among others, relating to emergency response.
No entity or individual shall fabricate or intentionally disseminate any false information on an emergency. If the relevant people's government or department finds any false or incomplete information that affects or may affect social stability or disrupts or may disrupt the social and economic management order, it shall promptly release accurate information to clarify the situation.
Article 8 The state shall establish and improve a system for the news coverage and reporting of emergencies. The relevant people's governments and departments shall effectively guide news media services and support news media in conducting news coverage and reporting, and supervision by public opinion.
News media shall report emergencies in a timely, accurate, objective, and impartial manner.
News media shall conduct public welfare publicity of laws and regulations on emergency response, prevention and emergency response, self-rescue and mutual rescue knowledge, among others.
Article 9 The state shall establish rules for filing complaints and reports on emergency response, and announce uniform methods for filing complaints and reports.
Any entity or individual shall have the right to file a complaint or report on the failure to perform or incorrectly perform the duties of emergency response with the relevant people's government and department.
The people's government and department that receives the complaint or report shall immediately organize investigation and handling in accordance with relevant provisions, and inform the complainant or informant of the investigation and handling result in an appropriate manner; and if matters involved in the complaint or report do not fall within the scope of its duties, the complaint or report shall be promptly transferred to the relevant authority for handling.
The relevant people's government and department shall keep confidential the information on the complainant or informant, and protect the lawful rights and interests of the complainant and informant.
Article 10 Emergency response measures shall be commensurate with the nature, extent, and scope of social harm that may be caused by an emergency; and if multiple measures are available, the measures that are conducive to protecting the rights and interests of citizens, legal persons, and other organizations to the greatest extent and have less impact on others' rights and interests and the ecology and environment shall be taken and adjusted promptly according to the change in situations, and be scientific, precise, and effective.
Article 11 In emergency response, the state shall provide special and prioritized protection to groups such as the minors, the elderly, the disabled, women in pregnancy and lactation, and the sick and injured who need prompt medical treatment.
Article 12 For the urgent need to respond to an emergency, the people's government at or above the county level and its departments may requisition the equipment, facilities, venues, means of transport, and other properties of entities and individuals. The requisitioned property shall be promptly returned after the completion of use or emergency response. Fair and reasonable compensation shall be made if the property is requisitioned or damaged or lost after requisition.
Article 13 Where litigation, oversight and investigation, administrative reconsideration, arbitration, state compensation, and other activities cannot proceed normally for the legal adoption of emergency response measures, the provisions on the suspension of the time limitations for instituting an action and suspension of proceedings shall apply, except as otherwise prescribed by any law.
Article 14 The Government of the People's Republic of China shall cooperate and exchange information with foreign governments and relevant international organizations in such aspects as emergency prevention and emergency preparedness, monitoring and early warning, emergency response and rescue, and post-emergency rehabilitation and reconstruction.
Article 15 The entities and individuals that have made outstanding contributions in emergency response shall be commended and rewarded in accordance with the relevant provisions issued by the state.
Chapter II Management and Command System
Article 16 The state shall establish an emergency response management system featuring unified command, both specialized and regular operations, quick response, and coordination between the higher and lower levels, and a working system featuring comprehensive coordination, categorized management, hierarchical responsibility, and chiefly, territorial management.
Article 17 The people's government at the county level shall be responsible for emergency response management within its administrative region. Upon the occurrence of an emergency, the people's government at the county level at the place where the emergency occurs shall immediately take measures to control the situation, organize emergency rescue and response, and immediately make a report to the people's government at the next higher level, it may report to its superior regardless of levels if necessary and shall make a direct network report or automatic quick report if conditions permit.
If 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 promptly make a report to the people's government at a higher level. The people's government at a higher level shall promptly take measures and uniformly lead the emergency response.
If it is prescribed in any law or administrative regulation that a relevant department of the State Council shall be responsible for emergency response management, such provisions shall prevail. Local people's governments shall actively cooperate and provide necessary support.
Article 18 Where two or more administrative regions are involved in an emergency, the common people's government at the next higher level of the relevant administrative regions or the people's governments at the next higher level of the relevant administrative regions shall be jointly responsible for response management. The jointly responsible people's governments shall, in accordance with the relevant provisions issued by the state, establish mechanisms for information sharing and coordination and cooperation. According to the needs for joint response to emergencies, local people's governments may establish a coordinated response mechanism.
Article 19 People's governments at and above the county level shall be the leading administrative organs for emergency response management.
The State Council shall, under the leadership of the Premier, study, decide on, and make arrangements for response to an especially serious emergency. It shall, in light of actual needs, establish a national command for emergency response to be responsible for work in this respect; and, when necessary, it may dispatch a working group to guide the relevant work.
The local people's government at or above the county level shall establish a command for emergency response, which is composed of the principal person in charge of the people's government at the same level, the persons in charge of relevant departments, the relevant persons in charge of the national comprehensive fire and rescue team, the units of the Chinese People's Liberation Army and the Chinese People's Armed Police Force stationed there, among others, to uniformly lead and coordinate the emergency response work of all relevant departments of the people's government at the same level and people's governments at lower levels. It shall, according to actual needs, establish a command for emergency response commensurate with the types of emergencies to organize, coordinate, and direct the emergency response work.
Article 20 The command for emergency response may, in the course of emergency response, issue decisions, orders, and measures related to emergency response in accordance with the law. The decisions, orders, and measures issued by the command for emergency response shall have equal legal force as those issued by the people's government that has established the command, and the legal liability shall be borne by the people's government that has established the command.
Article 21 The emergency response management department and health, public security, and other relevant departments of the people's government at or above the county level shall, within the scope of their respective duties, effectively manage the response to relevant emergencies, and direct and assist people's governments at lower levels and their corresponding departments in effectively managing the response to relevant emergencies.
Article 22 People's governments at the township level and sub-district offices shall designate special working forces to be responsible for emergency response.
Urban residents' committees and villagers' committees shall legally assist people's governments and relevant departments in effectively conducting emergency response.
Article 23 Citizens, legal persons, and other organizations shall have the obligation to participate in emergency response.
Article 24 The Chinese People's Liberation Army, the Chinese People's Armed Police Force, and militia organizations shall participate in emergency rescue and response in accordance with the provisions of this Law and other relevant laws, administrative regulations, and military regulations as well as the orders of the State Council and the Central Military Commission.
Article 25 The decisions, orders, and measures on emergency response issued by the people's government at or above the county level and the command for emergency response established by the government shall be promptly submitted to the standing committee of the people's congress at the same level for recordation. After the completion of emergency response, a special work report shall be submitted to the standing committee of the people's congress at the same level.
Chapter II Prevention and Emergency Preparedness
Article 26 The state shall establish and improve the contingency plan system for emergency response.
The State Council shall make an overall contingency plan of the state for emergency response, and organize the preparation of special contingency plans of the state. Relevant departments of the State Council shall, according to their respective duties and the relevant contingency plan of the State Council, make their departmental contingency plans for national emergencies and submit it to the State Council for recordation.
Local people's governments at all levels and relevant departments of local people's governments at and above the county level shall, in accordance with relevant laws, regulations, rules, and contingency plans of people's governments at higher levels and their relevant departments and in light of the actual circumstances of their respective regions and departments, make appropriate contingency plans for emergency response and file such plans for recordation in accordance with relevant provisions of the State Council.
Article 27 The emergency response management department of the people's government at and above the county level shall guide the construction of the contingency plan system, comprehensively coordinate the connection of contingency plans, and enhance the connection and effectiveness of relevant contingency plans.
Article 28 In accordance with the provisions of this Law and other relevant laws and regulations and in light of the nature, characteristics, and potential social harm of the emergency, a contingency plan shall specify the organizational setup of the command in response to the emergency and the duties of administration, the mechanism for emergency prevention and early warning, the procedures for emergency response, the guarantee measures in response to the emergency, the measures for post-emergency rehabilitation and reconstruction, and other content.
Any organ making a contingency plan shall extensively solicit opinions from relevant departments, entities, experts, and all walks of life, make a contingency plan more pertinent and operable, and promptly revise the contingency plan according to actual needs, changes in circumstances, and problems found in emergency drills, among others.
The working procedures and administrative measures for the development, revision, and recordation of contingency plans, among others, shall be developed by the State Council.
Article 29 People's governments at and above the county level shall include emergency response in the national economic and social development plan. Relevant departments of people's governments at and above the county level shall make plans for building emergency response systems.
Article 30 Plans such as territorial space plans shall meet the needs of preventing and responding to emergencies, coordinate the construction of equipment and infrastructure necessary for emergency response, reasonably determine the places of emergency shelters, isolation, and emergency medical treatment, among others, and realize the conversion between daily use and emergency use.
Article 31 The emergency response management department of the State Council shall, in conjunction with the departments of health, natural resources, and housing and urban-rural development, among others, coordinate and guide the construction and management of emergency shelters nationwide, and establish and improve a standard system for emergency shelters. Local people's governments at and above the county level shall be responsible for the planning, construction, and management of emergency shelters within their respective administrative regions.
Article 32 The state shall establish and improve a risk assessment system for emergencies, comprehensively assess potential emergencies, and take pertinent and effective preventive measures to reduce the occurrence of emergencies and minimize the effects of emergencies.
Article 33 The people's government at the county level shall check, register, assess the risks of, and regularly inspect and monitor the sources of danger and dangerous areas within its administrative region that are liable to cause natural disasters, calamitous accidents, and public health incidents.
The people's government at the level of a province or districted city shall check, register, assess the risks of, and organize the inspection and monitoring of sources of danger and dangerous areas within its administrative region that are liable to cause especially serious or serious emergencies, and order relevant entities to take security protection measures.
The local people's government at or above the county level shall promptly adjust the registration of sources of danger and dangerous areas according to the changes in situation. The registered sources of danger, dangerous areas, and their basic information shall be connected to the emergency information system in accordance with the relevant provisions issued by the state, and shall be promptly released to the public.
Article 34 People's governments at the county level and their relevant departments, people's governments at the township level, sub-district offices, urban residents' committees, and villagers' committees shall promptly mediate and handle contradictions and disputes that may cause social security incidents.
Article 35 Each entity shall establish and improve its security management rules, regularly identify and assess the sources of danger, and develop security protection measures; regularly inspect the implementation of all its security protection measures, and promptly eliminate the potential risk of incidents; grasp and promptly deal with its existing problems that may cause social security incidents, and prevent the intensification of contradictions and the expansion of the situation. It shall, according to the applicable provisions, promptly report any emergency that may occur and security protection measures taken by it to the local people's government or the relevant department.
Article 36 A mine, metal smelting, or construction entity or an entity engaged in the production, distribution, transport, storage, or use of inflammables and explosives, hazardous chemicals, radioactive substances, or other dangerous substances shall make a specific contingency plan, be equipped with necessary emergency rescue apparatus, equipment, and material supplies, investigate for hidden risks at production or distribution premises, buildings and structures with dangerous substances and the surrounding environment, and promptly take measures to control risks and eliminate hidden risks, so as to prevent the occurrence of emergencies.
Article 37 An entity operating or managing public means of transport, ......