Law of the People's Republic of China on Protecting Against and Mitigating Earthquake Disasters (2008 Revision)

Law of the People's Republic of China on Protecting Against and Mitigating Earthquake Disasters (2008 Revision) Order of the President of the People's Republic of China (No. 7) The Law of the People's Republic of China on Protecting Against and Mitigating Earthquake Disasters, which was amended and adopted at the 6th meeting of the Standing Committee of the 11th National People's Congress of the People's Republic of China on December 27, 2008, is hereby promulgated and shall come into force on May 1, 2009. Hu Jintao President of the People's Republic of China December 27, 2008 Law of the People's Republic of China on Protecting Against and Mitigating Earthquake Disasters (Adopted at the 29th meeting of the Standing Committee of the 8th National People's Congress on December 29, 1997, and amended at the 6th meeting of the Standing Committee of the 11th National People's Congress on December 27, 2008) Contents Chapter I General Provisions Chapter II Blueprint for Protecting against and Mitigating Earthquake Disasters Chapter III Earthquake Monitoring and Forecasting Chapter IV Protection against Earthquake Disasters Chapter V Earthquake Emergency Rescue Chapter VI Post-Earthquake Transitional Resettlement, Rehabilitation and Reconstruction Chapter VII Supervision and Administration Chapter VIII Legal Liabilities Chapter IX Supplementary Provisions Chapter I General Provisions Article 1 This Law is formulated in order to protect against and mitigate earthquake disasters, ensure the safety of the people's lives and property, and promote a sustainable economic and social development. Article 2 This Law shall be applicable to such activities of protecting against and mitigating earthquake disasters as earthquake monitoring and forecasting, protection against earthquake disasters, earthquake emergency rescue, post-earthquake transitional resettlement, rehabilitation and reconstruction that are carried out within the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China. Article 3 In an effort to protect against and mitigate earthquake disasters, the principle of combining protective measures with rescue efforts with the focus on the former shall be applied. Article 4 The people's governments at and above the county level shall strengthen the leadership over the work of protecting against and mitigating earthquake disasters, incorporate the said work into the national economic and social development planning at the corresponding level, and the funds needed shall be covered by the government budget. Article 5 Under the leadership of the State Council, the administrative department for seismic work under the State Council, and the departments of economic comprehensive macro-control, construction, civil affairs, health, public security and other relevant departments under the Sate Council shall, in accordance with the division of their functions and duties, be responsible for their respective duties and closely cooperate with each other to do a good job in the protection against and mitigation of earthquake disasters. The administrative departments or institutions for seismic work and other relevant departments under the local people's governments at and above the county level shall, under the leadership of the people's governments at the same level and in accordance with the division of their functions and duties, be responsible for their respective duties and closely cooperate with each other to do a good job in the protection against and mitigation of earthquake disasters within their own administrative areas. Article 6 The earthquake relief command body under the State Council shall be responsible for the unified leadership, command and coordination of the national earthquake relief work. The earthquake relief command bodies under the local people's governments at and above the county level shall be responsible for the unified leadership, command and coordination of the earthquake relief work within their own administrative areas. The administrative department for seismic work under the State Council and the administrative departments or institutions for seismic work under the local people's governments at and above the county level shall undertake the daily work of the earthquake relief command bodies under the people's governments at the corresponding level. Article 7 The people's governments at all levels shall organize and carry out the publicity and education of the knowledge about protecting against and mitigating earthquake disasters, raise the citizens' awareness of protecting against and mitigating earthquake disasters and increase the capability of the whole society of protecting against and mitigating earthquake disasters. Article 8 All entities and individuals are obligated to take part in the activities of protecting against and mitigating earthquake disasters in accordance with law. The State shall encourage and guide social organizations and individuals to carry out collective seismic monitoring and prevention to monitor and prevent earthquakes. The State shall encourage and guide volunteers to participate in the activities of protecting against and mitigating earthquake disasters. Article 9 The Chinese People's Liberation Army, the Chinese People's Armed Police Force and the militia organizations shall, in accordance with this Law and the provisions of other relevant laws, administrative regulations and military regulations, and orders of the State Council and the Central Military Commission, carry out the tasks of earthquake relief to protect the safety of the people's lives and property. Article 10 The activities of protecting against and mitigating earthquake disasters shall be carried out in compliance with the relevant standards for protecting against and mitigating earthquake disasters of the State. Article 11 The State shall encourage and support scientific and technological research in protection against and mitigation of earthquake disasters, gradually increase the investment in the aforesaid scientific and technological research, promote advanced scientific research results, and strengthen the international cooperation and exchange in order to improve the work of protection against and mitigation of earthquake disasters. The entities and individuals that have made outstanding contributions in the work of protecting against and mitigating earthquake disasters shall be commended and rewarded in accordance with the provisions of relevant laws and administrative regulations of the state. Chapter II Blueprint for Protecting against and Mitigating Earthquake Disasters Article 12 The administrative department for seismic work under the State Council shall organize the preparation of a national blueprint for protecting against and mitigating earthquake disasters jointly with the relevant departments under the State Council, and organize the implementation thereof after obtaining the approval of the State Council. The administrative department or institution for seismic work under the local people's government at or above the county level shall, jointly with the relevant departments at the same level and in accordance with the blueprint for protecting against and mitigating earthquake disasters at the next higher level and the actual situation of their respective administrative areas, organize the preparation of the blueprint for protecting against and mitigating earthquake disasters of their respective administrative areas, organize the implementation of such blueprint after obtaining the approval of the people's government at the same level, and file the blueprint with the administrative department or institution for seismic work under the people's government at the next higher level for archival purpose. Article 13 The preparation of a blueprint for protecting against and mitigating earthquake disasters shall follow the principle of overall arrangements, highlighted focuses, rational distribution and comprehensive prevention, be based on the prediction results of earthquake situation and damage, and fully consider the safety of people's lives and property and the needs of economic and social development and resources and environmental protection. The relevant departments under the local people's governments at and above the county level shall, in accordance with the needs of preparation of the blueprint for protecting against and mitigating earthquake disasters, timely provide the relevant materials. Article 14 The blueprint for protecting against and mitigating earthquake disasters shall cover: the situation of earthquake, overall objectives of protection against and mitigation of earthquake disasters, construction layout of earthquake monitoring stations and networks, measures for protecting against earthquake disasters, measures for earthquake emergency rescue, and safeguard measures for the technology, information, funds, materials, etc. for protecting against and mitigating earthquake disasters. The blueprint for protecting against and mitigating earthquake disasters shall include specific arrangements for the construction of earthquake monitoring stations and networks in the key areas for earthquake surveillance and protection, for tracking of earthquake situation, the measures for protecting against earthquake disasters, earthquake emergency preparation, publicity and education of knowledge about protecting against and mitigating earthquake disasters, etc. Article 15 Before submitting the blueprint for protecting against and mitigating earthquake disasters for examination and approval, the departments that organize the preparation thereof shall consult other relevant departments, entities, experts, and the general public. The documents on the blueprint for protecting against and mitigating earthquake disasters submitted for examination and approval shall enclose an account of which opinions have been accepted and why. Article 16 Once a blueprint for protecting against or mitigating earthquake disasters is announced upon approval, it shall be strictly implemented; where any amendment is necessary due to change of the earthquake situation and the economic and social development, the amended blueprint shall be submitted for examination and approval in accordance with the original procedures for examination and approval. Chapter III Earthquake Monitoring and Forecasting Article 17 The State shall strengthen the earthquake monitoring and forecasting, establish a multidisciplinary earthquake monitoring system, and gradually enhance the quality of earthquake monitoring and forecasting. Article 18 The State shall make a unified blueprint and a classified and categorized management of the earthquake monitoring stations and networks. The administrative department for seismic work under the State Council and the administrative departments or institutions for seismic work under the local people's governments at and above the county level shall, in accordance with the provisions of relevant administrative regulations of the State Council, formulate a blueprint for the earthquake monitoring stations and networks. The national earthquake monitoring stations and networks shall be composed of the earthquake monitoring stations and networks at the state level, the earthquake monitoring stations and networks at the provincial, municipal and county levels, and the funds for the construction and operation shall be covered by the financial budget. Article 19 The project owner of major construction projects such as reservoirs, oil fields, and nuclear power plants shall set up special earthquake monitoring stations and networks or strong vibration monitoring facilities in accordance with the provisions of relevant administrative regulations of the State Council, and the funds for the construction and operation thereof shall be borne by the project owner. Article 20 The construction of earthquake monitoring stations and networks shall be in compliance with the laws, regulations and the relevant standards of the State to ensure the construction quality. Article 21 The earthquake monitoring stations and networks shall not suspend or stop the operation without authorization. The entities examining, transmitting, analyzing, processing, storing, and submitting the information of earthquake monitoring shall ensure the quality and safety of such information. The local people's governments at and above the county level shall organize the relevant entities to provide safeguard the communication, transport, electric power, etc. for the operation of earthquake monitoring stations and networks. Article 22 The administrative departments or institutions for seismic work under the local people's governments at and above the county level in costal areas shall strengthen the seismic activity monitoring and prediction in the sea areas. After the occurrence of an earthquake in a sea area, the administrative departments or institutions for seismic work under the local people's governments at and above the county level shall notify the oceanic administrative departments and the local maritime administrative institutions of the information in a timely manner. The administrative departments or institutions for seismic work under the local people's governments at and above the county level of the places where volcanoes are located shall strengthen the volcanic activity monitoring and prediction by making use of earthquake monitoring facilities and technical methods. Article 23 The State shall protect the earthquake monitoring facilities and the environment for seismic observation in accordance with law. No entity or individual may encroach upon, damage, or unlawfully dismantle or remove any of the earthquake monitoring facilities. Where the earthquake monitoring facilities are damaged, the administrative department or institution for seismic work under the local people's government at or above the county level shall take urgent measures to organize the repair in order to ensure the normal work of the earthquake monitoring facilities. No entity or individual may jeopardize the environment for seismic observation. The administrative department for seismic work under the State Council and the administrative departments or institutions for seismic work under the local people's governments at and above the county level shall, in accordance with the provisions of the relevant administrative regulations of the State Council, delimit the scope of environment protection for seismic observation jointly with the relevant departments at the corresponding level, and incorporate them into the overall land use blueprint and urban and rural blueprint . Article 24 In building, expanding or rebuilding a construction project, attention shall be paid to avoiding damaging the earthquake monitoring facilities and the environment for seismic observation. Where it is truly impossible to avoid damage to any of the earthquake monitoring facilities and the environment for seismic observation during the construction of the national major projects, the constructor shall, in accordance with the requirements of the administrative department or institution for seismic work under the local people's government at or above the county level, build additional anti-jamming facilities; if it fails to do so, it shall build new earthquake monitoring facilities. When the administrative department of urban and rural blueprinting issues an written proposal of location in accordance with law for a construction project under the environmental protection scope for seismic observation, it shall consult the administrative department or institution for seismic work; where no written proposal of location is needed, the administrative department of urban and rural blueprinting shall consult the administrative department or institution for seismic work when it issues the permit for construction land use planning or permit for village construction planning in accordance with law. Article 25 The administrative department for seismic work under the State Council shall establish and improve a sharing platform of earthquake monitoring information to provide services for the society. The administrative departments or institutions for seismic work under the local people's governments at and above the county level shall timely submit the information of earthquake monitoring to the administrative departments or institutions for seismic work under the people's governments at the next higher level. The administrative entities of special earthquake monitoring stations and networks and the strong vibration monitoring facilities shall timely submit the earthquake monitoring data to the administrative departments or institutions for seismic work under the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government where they are located. Article 26 The administrative department for seismic work under the State Council and the administrative departments or institutions for seismic work under the local people's governments at and above the county level shall, in accordance with the research results of earthquake monitoring data, predict the place, time and magnitude of possible earthquakes. The earthquake prediction opinions put forward by any other entity or individual through research shall be reported in written form to the administrative department or institution for seismic work under the local people's government at or above the county level of the place where it/he is located or of the place where an earthquake is predicted, or be reported in written form directly to the administrative department for seismic work under the State Council. The department or institution receiving the written report shall conduct registration and issue an acknowledgement of receipt. Article 27 Any entity or individual who finds any abnormal phenomenon that may related to earthquake may report it to the administrative department or institution for seismic work under the local people's government at or above the county level of the place where it/he is located, or directly report it to the administrative department for seismic work under the State Council. After receiving the report, the administrative department for seismic work under the State Council or the administrative department or institution for seismic work under the local people's government at or above the county level shall make records and timely organize the investigation and verification of the reported abnormal phenomenon. Article 28 The administrative department for seismic work under the State Council and the administrative departments or institutions for seismic work under the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government shall organize and convene consultation meetings about earthquake situation, and may, when necessary, invite the relevant departments, experts, and other relevant personnel to participate in to comprehensively analyze and study the earthquake prediction opinions and abnormal phenomenon that may related to earthquake, form consultation opinions on earthquake situation and report to the people's governments at the same level; where earthquake forecast opinions are formed through consultation about earthquake situation, the said departments or institutions shall, before reporting to the people's governments at the same level, assess such opinions, form assessment results and put forward countermeasures and suggestions. Article 29 The State shall adopt the system of unified release of earthquake forecast opinions. The nationwide short-term and me......