Emergency Response Law of the People's Republic of China

Emergency Response Law of the People's Republic of China Order of the President of the People's Republic of China (No. 69) The Emergency Response Law of the People's Republic of China, which was adopted at the 29th session 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 be effective as of November 1, 2007. President of the People's Republic of China: Hu Jintao August 30, 2007 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 of the People's Republic of China on August 30, 2007) Table of Contents Chapter I General Provisions Chapter II Prevention and Emergency Response Preparedness Chapter III Surveillance and Warning Chapter IV Emergency Response Operations and Rescue Chapter V Post-Emergency Response Rehabilitation and Reconstruction Chapter VI Legal Liability Chapter VII Supplementary Provisions Chapter I General Provisions Article 1 This Law has been made to prevent and reduce the occurrences of emergency incidents, control, mitigate and eliminate the serious social damage caused by emergency incidents, standardize the emergency response activities, protect the life and property safety of the people, and maintain the national security, public safety, environment safety and social order. Article 2 This Law shall apply to such emergency response activities as prevention and preparedness, surveillance and warning, response operations and rescue, and post-emergency response rehabilitation and reconstruction. Article 3 An emergency incident as mentioned in this Law shall refer to a natural disaster, accidental disaster, public health incident or social safety incident, which takes place by accident, has caused or might cause serious social damage and needs the adoption of emergency response measures. According to such factors as degree of social damage and extent of effects, the natural disasters, accidental disasters and public health incidents shall be divided into four levels: especially serious, serious, large and ordinary, except as otherwise provided for by a law or administrative regulation or the State Council. The standards for such division of levels of emergency incidents shall be made by the State Council or a department as determined by the State Council. Article 4 The state shall establish an emergency response management system mainly featuring the uniform leadership, comprehensive coordination, categorized management, graded responsibility and territorial management. Article 5 The work on emergency response shall adhere to the principle of giving priority to prevention and combining prevention with emergency response. The state shall establish a risk assessment system for major emergency incidents to conduct comprehensive assessment of possible emergency incidents, reduce the occurrences of major emergency incidents, and maximally mitigate the effects of major emergency incidents. Article 6 The state shall establish an effective social mobilization mechanism to strengthen the awareness of public safety and risk prevention and control of all citizens and improve the ability of risk avoidance and rescue in the whole society. Article 7 The people's government at the county level shall be responsible for responding to an emergency incident within its administrative region; where two or more administrative regions are involved, the common people's government at the next higher level of the relevant administrative regions shall be responsible, or the people's governments at the next higher level of the relevant administrative regions shall be jointly responsible. 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 developments of the incident, organize and carry out the emergency response rescue and operations, and immediately report on it to the people's government at the next higher level, or report without regard to the levels when necessary. The people's government at the county level at the place of occurrence of an emergency incident that cannot eliminate or effectively control the serious social damage caused by the emergency incident shall timely report on it to the people's government at the next higher level. The people's government at the next higher level shall timely take measures and uniformly lead the emergency response operations. Where a law or administrative regulation provides that a relevant department of the State Council shall be responsible for responding to an emergency incident, such a law or administrative regulation shall apply; and the local people's government shall offer assistance and necessary support. Article 8 Under the leadership of the Premier, the State Council shall study, decide and deploy response to an especially serious emergency incident; as needed in reality, shall form a state emergency response command body to be responsible for responding to the emergency incident; and when necessary, may send a task group to guide the relevant work. Every local people's government at or above the county level shall form an emergency response command body made up of the principals of the people's government, the persons in charge of the relevant departments and the relevant persons in charge of the local stationed People's Liberation Army of China and People's Armed Police Force to uniformly lead and coordinate the emergency response by all relevant departments of the people's government and the people's governments at the lower levels; as needed in reality, shall form an emergency response command body for a relevant category of emergency incidents to organize, coordinate and command the emergency response. In their respective capacities, the competent departments of the higher people's governments shall guide and assist the lower people's governments and their relevant departments in response to a relevant emergency incident. Article 9 The State Council and all local people's governments at and above the county level shall be the leading administrative organs for emergency response, and their operating offices and specific duties and responsibilities shall be provided for by the State Council. Article 10 The decisions and orders made by a relevant people's government and its departments in response to an emergency incident shall be timely made available to the public. Article 11 The emergency response measures taken by a relevant people's government and its departments shall be appropriate for the nature, degree and extent of social damage caused by an emergency incident; and where multiple measures are available for selection, those conducive to the maximum protection of the rights and interests of citizens, legal persons and other organizations shall be selected. Citizens, legal persons and other organizations are obligated to participate in the emergency response. Article 12 A relevant people's government and its departments may requisition the property of entities and individuals in response to an emergency incident. The requisitioned property shall be timely returned after use or after the emergency response operations terminate. Compensations shall be made for the requisitioned property or property damaged or destroyed after requisition. Article 13 Where, for the adoption of any emergency response measure, any litigation, administrative reconsideration or arbitration cannot proceed normally, the provisions on the suspension of limitations and proceedings shall apply, except as otherwise provided for by a 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 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 foreign governments and relevant international organizations in such respects as emergency prevention, surveillance and warning, emergency response rescue and operations and post-emergency response rehabilitation and reconstruction. Article 16 The decisions and orders made by the people's government at or above the county level in response to an emergency incident shall be submitted to the standing committee of the same-level people's congress for archival purposes; and after the emergency response operations terminate, the people's government shall make a specialized work report to the standing committee of the same-level people's congress. Chapter II Prevention and Emergency Response Preparedness Article 17 The state shall establish and enhance an emergency response plan system. The State Council shall make the overall state emergency response plans, and organize and make the specialized state emergency response plans; and the relevant departments of the State Council shall make the departmental state emergency response plans in their respective capacities in line with the relevant emergency response plans of the State Council. The local people's governments at all levels and the relevant departments of the local people's governments at and above the county level shall make the corresponding emergency response plans in accordance with the relevant laws, administrative regulations and rules, emergency response plans of the people's governments at higher levels and their relevant departments, and local realities. The organ making an emergency response plan shall amend the plan from time to time according to the practical needs and change of situations. The procedures for making and amending an emergency response plan shall be made by the State Council. Article 18 An emergency response plan shall provide in detail for the organizational and command system and responsibilities for emergency response management, emergency incident prevention and warning mechanisms, operating procedures, emergency response protective measures, post-emergency response rehabilitation and reconstruction measures, etc., in terms of the nature and characteristics of and social damage likely to be caused by the emergency incident in accordance with this Law and other relevant laws and administrative regulations. Article 19 The urban or rural planning shall meet the needs for emergency incident prevention and response operations, overall arrangements shall be made on the equipment and infrastructure construction necessary for emergency response, and emergency shelters shall be reasonably determined. Article 20 The people's government at the county level shall investigate, register and assess the risks of, regularly inspect and monitor, and order the relevant entities to take safety preventative and control measures for the danger sources and danger areas tending to cause natural disasters, accidental disasters and public health incidents within its administrative region. The people's government at the provincial level or the people's government of a city with districts shall investigate, register and assess the risks of, organize the inspection and monitoring of, and order the relevant entities to take safety preventative and control measures for the danger sources and danger areas tending to cause especially serious and serious emergency incidents within its administrative region. The danger sources and danger areas registered by the local people's government at or above the county level according to this Law shall be timely made available to the public according to the provisions of the state. 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 timely mediate and handle conflicts and disputes likely to cause social safety incidents. Article 22 Every entity shall establish and enhance a safety management system, regularly examine the implementation of all its safety preventative and control measures, and timely eliminate hidden incident risks; control and timely handle existing problems in the entity likely to cause social safety incidents, and prevent the intensification of conflicts and expansion of situations; and timely report on the emergency incidents likely to occur and on the safety preventative and control measures taken in the entity to the people's government at the place where the entity is located or the relevant departments of the people's government as required. Article 23 A mine or building construction entity or an entity producing, operating, storing, transporting or using such dangerous substances as flammable or explosive substances, hazardous chemicals or radioactive substances shall make a specific emergency response plan, investigate hidden risks in the production or business operation premises, buildings and structures where dangerous substances exist and the surrounding environment, and timely take measures to eliminate hidden risks and prevent the occurrences of emergency incidents. Article 24 An entity operating or managing public transportation vehicles, public places or other places with a high density of people shall make a specific emergency response plan, install alarm devices and necessary emergency response rescue equipment and facilities to the transportation vehicles or relevant places, clearly explain how to use them and illustrate the passages and routes for safety evacuation, and ensure free safety passages and exits. The relevant entity shall regularly examine, test and maintain its alarm devices and emergency response rescue equipment and facilities, keep th......