AsianLII [Home] [Databases] [WorldLII] [Search] [Feedback]

Laws of the People's Republic of China

You are here:  AsianLII >> Databases >> Laws of the People's Republic of China >> METEOROLOGICAL SERVICES

[Database Search] [Name Search] [Noteup] [Help]

METEOROLOGICAL SERVICES

Category  AGRICULTURE, FORESTRY AND METEOROLOGY Organ of Promulgation  The Standing Committee of the National People's Congress Status of Effect  In Force
Date of Promulgation  1999-10-31 Effective Date  2000-01-01  

Law of the People's Republic of China on Meteorological Services



Contents Chapter I  General Provisions?    Chapter II  Construction and Management of Meteorological Facilities?    Chapter III  Meteorological Survey?    Chapter IV  Weather Forecast and Severe Weather Warning?    Chapter V  Precautions against Disasters?    Chapter VI  Exploitation and Protection to Climate Resources?    Chapter VII  Legal Liabilities?    Chapter VIII  Supplementary Provisions
Chapter I  General Provisions Article 1 This Law is formulated with a view to improving

(Adopted at the 12th Session ofthe Standing Committee of the Ninth

National People's Congress on October 31, 1999. Promulgated by the Order
No. 23 of the President of the People's Republic of China on October 31,
Contents Chapter I  General Provisions?    Chapter II  Construction and Management of Meteorological Facilities?    Chapter III  Meteorological Survey?    Chapter IV  Weather Forecast and Severe Weather Warning?    Chapter V  Precautions against Disasters?    Chapter VI  Exploitation and Protection to Climate Resources?    Chapter VII  Legal Liabilities?    Chapter VIII  Supplementary Provisions
Chapter I  General Provisions Article 1 This Law is formulated with a view to improving
meteorological cause, and standardizing meteorological work, and issuing
weather forecast accurately and timely, and taking precautions against
disasters, and exploiting and protecting climate resources reasonably, and
providing weather service for economic construction, defense construction,
social development and people's life. Article 2 This Law shall be applied to the meteorological activities
conducted in the People's Republic of China and other maritime belt under
the jurisdiction of the People's Republic of China, such as meteorological
survey, forecast, service, precautions against weather disasters,
exploitation of climate resources and research on weather scientific
technology. Article 3 Meteorological cause is the basic public welfare undertaking
of economic construction, defend construction, social development and
people's life.  Meteorological job shall put the weather services of public
welfare in the first place.?  The people's governments at or above county level shall strengthen their
leadership and coordination to weather services, and bring meteorological
cause into the plan of social development and the budget of central
authorities and local national economy at the same level so as to ensure
bringing its function of services for social public, the policy decision
of governments and economic development into full play.?  Where the people's governments at or above county level, in accordance
with the need of local social economy development, establish  the items of
local meteorological cause, the investment is mainly bore by local finance.?  Weather stations, predicated on assuring bare weather services of public
welfare, may launch meteorological charge services according to law. Article 4 The weather stations, subordinate to the competent
meteorological agencies in counties and cities, shall mainly serve
agriculture production, and provide the meteorological information services
of public welfare timely and actively needed by the guarantee to local
agriculture production. Article 5 The competent meteorological agency under the State Council
is responsible for national meteorological services.  Local competent
meteorological agencies at different levels, under the leadership of higher
competent meteorological agencies and the people's government at the
corresponding level, are responsible for the meteorological services in
their respective administrative divisions.?  Other relevant departments under the State Council and the meteorological
agencies subordinate to the relevant departments of the People's
governments in provinces, autonomous regions and municipalities shall
subject their meteorological services to the guide, supervision and
industrial management of the competent meteorological agencies at the same
level. Article 6 The ones, engaged in the pursuits of meteorological business,
shall abide by the technical standards, specifications and rules formulated
by the state. Article 7 The state encourages and supports the following activities,
such as scientific and technical research on meteorology, the
popularization of meteorological scientific knowledge, the fosterage of
qualified meteorologist, the spread of advanced meteorological science and
technology, the protection to meteorological scientific and technological
achievements, the reinforcement of international meteorological cooperation
and exchange, the development of meteorological information cause and the
enhancement of meteorological services level.?  The people's governments at different levels shall be concerned for and
support the construction and function of meteorological stations in the
areas inhabited by the minority nationalities, in outlying and impoverished
districts, in arduous areas and in islands.?  The unites and individuals, making outstanding contributions to
meteorological services, shall be encouraged by giving awards. Article 8 The foreign organizations and individuals engaged in
meteorological activities in the territory of the People's Republic of
China and other sea areas within the jurisdiction of the People's Republic
of China must be approved by the competent meteorological agency under the
State Council in presence of relevant departments. Chapter II  Construction and Management of Meteorological Equipment Article 9 The competent meteorological department under the State
Council shall organize relevant departments to establish the construction
planning of important meteorological facilities, including meteorological
survey facilities, specific transmission facilities of meteorological
information, large-scale meteorological technical equipment, and implement
it after approved by the State Council.  The judgment and modification to
the construction planning of meteorological facilities must be reported to
the State Council for approval.?  The establishment of the construction planning for meteorological
facilities shall conform with the principals of reasonable distribution,
effective exploitation and the consideration of necessary of both present
and a long term, and avoid double construction. Article 10 The construction projects of important meteorological
facilities, prior to the approval to a proposal reports and a research
report of feasibility, shall be permitted based on examination by the
competent meteorological department under the State Council or the
competent meteorological departments in provinces, autonomous regions and
municipalities in accordance with the consequential limits for examination
and approval of items. Article 11 The state protects meteorological facilities in accordance
with law.  Any units or individuals may not be permitted to disseize, to
derogate or to move meteorological facilities without authorization.?  Where meteorological facilities sustain damages because of force
majesture, local governments shall adopt emergency measures, and organize
force to repair, and assure meteorological facilities of normal operation. Article 12 Any organizations or individuals may not move weather
stations without approval by law; where organizations really need to move
base weather stations of state, and basic weather stations because of the
implementation of urban planning or key project constructions of state,
they shall report to the competent meteorological agency under the State
Council.  Where it needs to move other weather stations, they shall report
to the competent meteorological agencies in provinces, autonomous regions
and municipalities for approval.  The fee for movement and construction
shall be bore by construction units. Article 13 Special meteorological technical equipment shall conform
with the technical requirements provided by the competent meteorological
agency under the State Council, and they shall be qualification based on
the examination of the competent meteorological department under the State
Council; the ones without examination, or the ones unqualified based on
examination may not be used in meteorological business. Article 14 Meteorological measurement instruments shall, in accordance
with the relevant stipulations of Measurement Law of the People's Republic
of China, be examined by agencies of measurement examination.  
The meteorological measurement instruments, without investigation,
unqualified based on examination or surpassing duration of validity, may
not be used.  The competent meteorological agency under the State Council
and the competent meteorological agencies in provinces, autonomous regions
and municipalities shall, based on the requirement, establish standard
instruments of meteorological measurements.  Their highest standard
instruments of measurement, in accordance with the stipulations of
Measurement Law of the People's Republic of China, shall be used after
qualification based on examination. Chapter III  Meteorological Survey Article 15 The weather stations subordinate to competent meteorological
agencies at different levels shall, in accordance with the stipulations of
the competent meteorological agency under the state Council, conduct
weather survey and hand the meteorological survey materials over relevant
competent meteorological agencies.  They may discontinue weather
observation without the approval of higher meteorological competent
agencies.?  The competent meteorological agency under the state Council and relevant
local competent meteorological agencies shall timely issue basic
meteorological survey materials according to the stipulations of the state. Article 16 Other relevant departments under the State Council and the
weather stations subordinate to other relevant departments of provinces,
autonomous regions and municipalities and other organizations or
individuals engaged in meteorological survey shall deliver the acquired
meteorological survey materials to the meteorological competent agency
under the State Council or the competent meteorological agencies in
provinces, autonomous regions and municipalities in accordance with the
relevant stipulations of the state.  ?  Competent meteorological agencies at different levels shall, in
accordance with the principal of participation and common of use of
meteorological materials, change relevant meteorological information
materials with other agencies engaged in meteorological work based on the
relevant stipulations of the state. Article 17 The drilling platforms on the inland waters, marginal seas
of the People's Republic of China and other marine belts within the
jurisdiction of the People's Republic of China and the air vehicles used
on international airlines with the nationality of the People's Republic of
China, the vessels of ocean navigation shall, in accordance with the
relevant stipulations of the state, conduct weather survey and report
meteorological survey materials. Article 18 Where the meteorological survey materials, except basic
meteorological survey materials are demanded to maintain secrecy, the
determination, modification, declassification and use of secret degree
shall be conducted based on the stipulations of Law of the People's Rep
ublic of China on Guarding State Secrets. Article 19 The state protects the environment of weather survey by law.  
Any organizations and individuals are all the ones having the obligation
of protecting the environment of weather survey. Article 20 The following acts endangering the environment of weather
survey are forbidden:?  (1) To place obstacles, to conduct demolition, and to gather stones
within the protected scope of the environment of meteorological survey ;?  (2) To establish high frequency electromagnetic radiation influencing
the efficacy of operation of weather survey facilities within the protected
scope of the environment of weather survey;?  (3) To be engaged in other acts influencing weather survey within the
protected scope of the environment of weather survey.?  The standard of delimitation for the protected scope of the environment
of weather survey is provided by the competent meteorological agency under
the State Council.  The people's governments at different levels shall
delimit the protected scope of the environment of weather survey in
accordance with legal standards and put them into urban planning or village
and town planning. Article 21 The construction projects, such as new projects, extension
projects and reconstruction projects, shall be on prevention of the damage
to the environment of weather survey; where they are really unavoidable,
the environment of survey of base weather stations and of basic
meteorological stations under the state, construction units shall, prior
ask the competent meteorological agency under the State Council for
approval; the environment of survey subordinate to other weather stations,
construction units shall prior ask the competent meteorological agencies in
provinces, autonomous regions and municipalities for approval and may just
make a construction after relevant measures are adopted. Chapter IV  Weather Forecast and Severe Weather Warning Article 22 The state shall institute a unified issuing system to public
weather forecast and severe weather warning.?  The weather stations subordinate to the competent meteorological agencies
at different levels shall issue public weather forecast and severe weather
warning to society according to their obligations and make a supplement or
a revision to them timely according to the change of climate.  Any other
organizations or individuals may not issue public weather forecast or
severe weather warning to society.?  Other relevant departments under the State council and the weather
stations subordinate to the relevant departments of provinces, autonomous
regions and municipalities may issue special weather forecast for the use
of their system.?  The competent meteorological agencies at different levels and the weather
stations subordinate to them shall enhance the accuracy, promptitude and
service level of public weather forecast and severe weather warning. Article 23 The weather stations subordinate to competent meteorological
agencies at different levels shall issue professional weather forecast
according to the needs, such as weather forecast on agriculture, weather
forecast on urban environment, degree forecast on fire insurance, and
coordinate with military meteorological departments conducting the work of
weather service required by defense construction. Article 24 The broadcasting stations and television stations at
different levels, and the newspapers appointed by people's governments at
provincial level shall arrange special time or a special space of a whole
page to broadcast or to issue public weather forecast or severe weather
warning every day.?  The weather stations subordinate to the competent meteorological
agencies at different levels shall assure the quality of weather forecast
programs made by them .?  The unites distributing broadcast and TV program, changing the planned
time of broadcast of weather forecast, shall prior ask relevant weather
stations for their approval; the broadcasts to the severe weather warning
causing probably serious effect to nation's economy and to the people's
livelihood and the supplement and correction to weather forecast shall be
timely increased or interposed. Article 25 Where the media, such as broadcast , TV, newspaper and
electronic information, disperses weather forecast or severe weather
warning to society, it must employ the timely meteorological information
provided by the weather stations under competent meteorological agencies
and mark a releasing hour and the name of the weather station.  The income,
from dispersing meteorological information, shall be drawn partly to
support the development of meteorological cause. Article 26 Ministry of Information Technology and Telecom Industries
shall act in close coordination with competent meteorological agencies, and
ensures the clean of obstructions in meteorological communication, and
transfer weather information, weather forecast and severe weather warning
accurately and timely.  Where the special channels of meteorological radio
and channels are under the protection of the state, any units or
individuals may not act in possession by squeeze and interference. Chapter V  Precautions against Weather Disasters Article 27 The people's governments at or above county level shall
strengthen the survey to weather disasters and the construction of system
of early warning, and organize relevant departments to establish the plans
of defense against weather disasters, and adopt effective measures to
enhance the ability of defense against weather disasters.  Relevant
departments and individuals shall submit themselves to the command and
arrangement of people's governments, and do the work of defense against
weather disasters well. Article 28 Competent meteorological agencies at different levels shall
organize joint monitoring and prediction work to serious disastrous weather
of transboundary districts and transboundary departments.  They shall
timely propose the measures taken for prevention against weather disasters,
and make assessments to serious weather disasters and propose decision-
making criterion for the defense against weather disaster organized by
their people's governments.?  The weather stations subordinate to the competent meteorological agencies
at different levels shall strengthen the monitoring and forecast to the
probable affect to local weather disasters, and report them to relevant
competent meteorological agencies timely.  The weather stations subordinate
to other relevant departments and the units, having relation with weather
monitoring and forecast to weather disasters, shall timely propose the
information about meteorological monitoring needed by the monitoring and
forecast to weather disasters and relevant monitoring information about
the situation of water and windstorm tides. Article 29 The people's governments at or above county level shall
formulate defense program against weather disasters in accordance with
the need of defense against weather disasters, and organize the
enforcement of the plan of the defense against weather disasters in
accordance with the weather information provided by meteorological
competent agencies, and avoid or reduce weather disasters. Article 30 The people's governments at or above county level shall
strengthen the leadership of artificially affecting weather and launch
the work of artificially affecting weather in accordance with actual
situation in a organized and planned way.?  The competent meteorological agency under the State Council shall
strengthen the management and guidance to national work of artificially
affecting weather.  The local competent meteorological agencies at
different levels shall formulate the operation plan of artificially
affecting.  The local competent meteorological agencies at different
levels shall formulate the operation plan of artificially affecting
weather, and under the leadership and coordination of their people's
governments, they manage, guide and organize the enforcement of operation
artificially affecting weather.  Relevant departments shall do their
best at the relevant jobs of artificially affecting weather by
coordination with competent meteorological agencies in accordance with
duty labor.?  The organizations, enforcing the operation of artificially affecting
weather must have the condition of qualification provided by the competent
meteorological agencies in provinces, autonomous regions and
municipalities, and use the operating facilities conforming with the skill
standard required by the competent meteorological agency under the State
Council, and abide by operating specifications. Article 31 The competent meteorological agencies at different levels
shall strengthen the organization and management to the defense work
against thunder and lightning disaster, and guide the monitoring work of
the buildings, fixtures hit probably by thunder and lightning and
conservatory installations against thunder and lightning disaster installed
by other facilities.?  The installed conservatory installations against thunder and lightning
disaster shall conform with the requirement for use provided by the
competent meteorological agency under the State Council. Chapter VI  Protection and Exploitation of Climate Resources Article 32 The competent meteorological agency under the State Council
is responsible for the comprehensive investigation to national climate
resources, and the work of division into districts, and organize conducting
meteorological monitoring, analysis and assessment, and conduct the
monitoring to the aerial elements probably causing climate worse, and
regularly issue bulletins of national weather state. Article 33 The people's governments at or above county level shall make
plans to the direction and focal point protection of exploitation of
climate resources in accordance with the characteristics of local climate
resources.?  The competent meteorological agencies at different levels shall propose
the suggestions about the exploitation and protection of climate resources
and the extension of applied division into districts of climate resources
to their local governments and relevant departments at the same level
according to the plans of their governments. Article 34 The competent meteorological agencies at different levels
shall organize the feasibility demonstration to the exploitation items of
climate resources, such as city plan, key construction projects of state,
the items of important regional economic development, large-scale solar
energy and wind energy.?  Where the units, having the qualification of evaluation of the effect on
air environment conduct the assessment to the affect on air environment of
the items of projects construction, they shall adopt the meteorological
materials provided or examined by competent meteorological agencies. Chapter VII  Legal Responsibilities Article 35 Where the ones violate the stipulations of this Law and
commit one of the following acts, the relevant competent meteorological
agencies, in accordance with their competence, shall order them to suspend
their illegal acts, and set a time limit for recovery of the original state
or adopting other remedial measures, and impose a fine of not more than
50,000 yuan; where such act causes loss, they bear the liability for
compensation according to law; where such act constitutes a crime, they
shall be investigated for criminal responsibilities:?  (1) Disseising, destroying or moving meteorological facilities without
approval;?  (2) Being engaged in damaging activities of meteorological monitoring
environment within the protected scope of meteorological monitoring
environment.?  Where the units approve to occupy land in violation of law within the
protected scope of meteorological monitoring environment, or occupy land
illegally to construct new buildings or other installations, they shall
be subjected to sanctions in accordance with the relevant stipulations of
Urban Planning Law of the People's Republic of China or Land Management
Law of the People's Republic of China. Article 36 Where any units or individuals use special meteorological
technical facilities inconsistent with technical requirements in violation
of this Law; where such act constitutes damages, relevant competent
meteorological departments shall order them to correct according to their
competence and give them warnings, and impose a fine of not more than
50,000 yuan. Article 37 Where any ones install the protective facilities of thunder
and lightning disasters inconsistent with the requirement for use in
violation of the stipulation of this Law, the agencies order them to
correct, and give them warnings.  Where any units cause damages to others
because of using the protective facilities of thunder and lightning
disasters inconsistent with the requirements for use, they shall bear the
liability for compensation according to law. Article 38 Where any ones have one of the following acts in violation
of this Law, relevant competent meteorological agencies order them to
correct according to their competence, and give them warnings, and impose
a fine of not more than 50,000 yuan:?  (1)Issuing illegally public weather forecast and severe weather warning
to society;?  (2) Where the media disperses public weather forecast, severe weather
warning to society, the media, such as broadcast, TV, newspaper and
communications, fail to adopt the timely meteorological information
provided by the weather stations subordinate to competent meteorological
agencies.?  (3) Where the units, engaged in the estimation to the affect of air
environment, conduct the estimation to the affect of air environment of
the items of construction projects, they adopt the meteorological
materials which are not provided or examined by competent meteorological
agencies. Article 39 Where the ones implement the operation of artificially
affecting weather without the conditions of qualification provided by
competent meteorological agencies in provinces, autonomous regions and
municipalities in violation of the stipulations of this Law, or implement
the operation of artificially affecting weather where ones adopt the
operation facilities inconsistent with the technical standard required by
the competent meteorological agency under the State Council.  Relevant
competent agencies order them to correct in accordance with their
competence and give them warnings, and impose a fine of not more than
10,000 yuan; where such act causes damages to others, they shall bear the
liability for compensation by law; where such act constitutes a crime,
they shall be investigated for criminal responsibilities. Article 40 Where the staff of competent meteorological agencies at
different levels and the staff of weather stations subordinate to the
meteorological competent agencies at different level cause the accidents
such as grossly failing to declare, misstating public weather forecast,
severe weather because of through neglect their duties, and losing or
damaging original meteorological monitoring materials and counterfeiting
meteorological materials, they shall be subjected to administrative
sanctions by law; where such act causes the heavy damages to the state
interest and people's life and poverty; where such act constitutes a crime,
they shall be investigated for criminal responsibilities by law. Chapter VIII  Additional Rules Article 41 The implication of the following terms in this law means:?  (1) Meteorological facilities mean meteorological monitoring facilities,
special transmission facilities used by meteorological information and
large-scale meteorological special technical facilities:?  (2) Meteorological monitoring means the conduction of the system of
observation and survey to air and air physical process near layer,
phenomenon and their chemical quality by using scientific and
technological measures.?  (3) Meteorological monitoring environment means, in order to avoid
various disturbance and to ensure the environment space constructed by
the smallest distance needed by meteorological monitoring facilities
accurately acquiring meteorological monitoring information.?  (4) Weather disaster means the disasters caused by typhoon, storm(snow),
coldwave, strong wind (sandstorm), low temperature, high temperature, arid,
thunder and lightning, hailstone, frost, and greater fog.?  (5) Artificially affecting weather means the following activities, such
as in order to avoid or to reduce weather disasters, and to fairly use
weather resources, and to conduct artificially affect to partial atmosphere
physics and chemical process by scientific and technological means under
proper conditions so as to realize the aim of increasing rain and snow, to
prevent hail, to dispel rain, to dispel fog and to prevent fog. Article 42 The special management rules to weather stations, other
units engaged in weather services with consideration, and the scope, items
and charging of weather service with consideration shall be formulated by
the State Council in accordance with this Law. Article 43 The management rules of the meteorological work of People's
Liberation Army of China shall be formulated by Central Military Commission. Article 44 Where the international treaties about meteorological
activities, concluded with the People's Republic of China or joined by the
People's Republic of China have different stipulations from this Law, the
stipulations of international treaties shall be applied.  Notwithstanding
the reserved clauses declared by the Peoples' Republic of China are
exclusive. Article 45 This Law shall be effective as of the date of January 1,
2000. Regulations of the People's Republic of China on Meteorological
Services promulgated by the State Council on August 18, 1994 is annuled
simultaneously.?


AsianLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.asianlii.org/cn/legis/cen/laws/ms228