Regulation on the Defense against Meteorological Disasters (2017 Revision)

Regulation on the Defense against Meteorological Disasters (2017 Revision) Regulation on the Defense against Meteorological Disasters (Promulgated by the Order No. 570 of the State Council on January 27, 2010; and amended in accordance with the Decision of the State Council to Amend Certain Administrative Regulations by the Order No. 687 of the State Council on October 7, 2017) Chapter I General Provisions Article 1 In order to strengthen the defense against meteorological disasters, avoid or mitigate the losses caused by meteorological disasters, protect the life and property safety of the people, this Regulation is formulated in accordance with the Meteorology Law of the People's Republic of China . Article 2 This Regulation shall apply to the defense against meteorological disasters within the territory and other sea areas of the People's Republic of China. The “meteorological disasters” as mentioned in this Regulation refer to the disasters caused by typhoon, rainstorm (snowstorm), cold wave, windstorm (sandstorm), low temperature, high temperature, drought, thunder and lightening, hailstorm, frost, dense fog, etc. The relevant laws and administrative regulations shall apply to the defense against the derivative or secondary disasters caused by meteorological factors, such as flood and drought disasters, geologic hazards, marine disasters, and forest and grassland fire. Article 3 The defense against meteorological disasters shall follow the principles of “people oriented, scientific defense, joint action of departments, and social participation.” Article 4 The people's governments at and above the county level shall strengthen the organization, leadership and coordination of the defense against meteorological disasters, put the defense against meteorological disasters into their respective plans for national economic and social development, and bring the necessary operating funds into their respective financial budgets. Article 5 The meteorology administrative department of the State Council and the relevant departments of the State Council shall, according to their division of functions, jointly do a good job in the defense against meteorological disasters throughout the country. The local meteorology administrative departments at all levels and the relevant departments of the local people's governments at and above the county level shall, according to their division of functions, jointly do a good job in the defense against meteorological disasters within their respective administrative regions. Article 6 Where two or more administrative regions are involved in the defense against meteorological disasters, the relevant local people's governments and the relevant departments shall establish a joint defense system and strengthen information communication, supervision and inspection. Article 7 The local people's governments and the relevant departments at all levels shall, in various forms, publicize the knowledge on the defense against meteorological disasters to raise the people's awareness and ability of disaster prevention and reduction. Schools shall include the knowledge on the defense against meteorological disasters in the relevant courses and extracurricular education to cultivate and raise the students' awareness of meteorological disaster prevention and their ability to help themselves and each other. The education, meteorology and other departments shall guide and supervise schools' education on the defense against meteorological disasters. Article 8 The state shall encourage the scientific and technological research on the defense against meteorological disasters, support the popularization and application of advanced technologies for the defense against meteorological disasters, strengthen international cooperation and exchange, and improve the scientific and technological level of the defense against meteorological disasters. Article 9 Citizens, legal persons and other organizations shall have the obligation to participate in the defense against meteorological disasters and help themselves and each other after meteorological disasters occur. Organizations and individuals which have made outstanding contributions to the defense against meteorological disasters shall be commended and rewarded according to the relevant provisions of the state. Chapter II Prevention Article 10 The local people's government at or above the county level shall organize the meteorological and other relevant departments to conduct meteorological disaster census on the category, frequency and intensity of and the losses caused by the meteorological disasters occurring within their respective administrative regions, create a meteorological disaster database, conduct meteorological disaster risk assessments by disaster category, and demarcate the risk areas of meteorological disasters in light of their distribution and the results of the risk assessments. Article 11 The meteorology administrative department of the State Council shall, jointly with the relevant departments of the State Council, formulate a national plan for the defense against meteorological disasters according to the results of meteorological disaster risk assessments and the meteorological disaster risk areas, and organize the implementation thereof with the approval of the State Council. The local people's government at or above the county level shall organize the relevant departments to formulate a plan for the defense against meteorological disasters within its administrative region in accordance with the plan for the defense against meteorological disasters of the people's government at the next higher level and in light of the characteristics of the local meteorological disasters. Article 12 The plan for the defense against meteorological disasters shall cover the regularity of outbreak, law of development and status quo of meteorological disasters, defense principles and objectives, areas and periods prone to meteorological disasters, construction and management of defense facilities, defense measures, etc. Article 13 The relevant departments of the State Council and the local people's governments at and above the county level shall, in accordance with the plans for the defense against meteorological disasters, strengthen the construction of facilities for the defense against meteorological disasters, and do a good job in the defense against meteorological disasters. Article 14 The relevant departments of the State Council shall, when formulating the standards for electric power, communications and other infrastructures, take into account the impact of meteorological disasters. Article 15 The meteorology administrative department of the State Council shall, as required by the defense against meteorological disasters, prepare a national emergency response plan for meteorological disasters jointly with the relevant departments of the State Council, and report it to the State Council for approval. The local people's government and the relevant departments at or above the county level shall, in accordance with their plan for the defense against meteorological disasters and in light of the characteristics of local meteorological disasters and the damages likely caused, organize the preparation of an emergency response plan for meteorological disasters within their administrative region, and file it with the people's government and the relevant departments at the next higher level. Article 16 The emergency response plan for meteorological disasters shall cover the startup criteria of the emergency response plan, the emergency organization and commanding system and responsibilities, the prevention and early warning mechanism, the emergency disposal measures and protective measures, etc. Article 17 The local people's governments at all levels shall, in light of the characteristics of their respective local meteorological disasters, organize emergency response rehearsals against meteorological disasters to improve their emergency response and rescue capabilities. The urban residents' committees, rural villagers' committees, enterprises and public institutions shall assist the local people's governments in doing a good job in the publicity of the knowledge on the defense against meteorological disasters and the emergency response rehearsals. Article 18 The local people's governments and the relevant departments at all levels in areas where windstorm (sandstorm) or tornado frequently occur shall strengthen the construction of protective forest, emergency shelter, etc., and organize the supervision and inspection on wind resistance and risk prevention of buildings (structures) on a regular basis. The local people's governments and the relevant departments at all levels in areas where typhoon frequently occur shall strengthen the construction of sea embankment, dike, port, protective forest, sheltered anchorage, emergency shelter, etc., and ......