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| Category | GENERAL | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1997-12-29 | Effective Date | 1998-03-01 |
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THE Law of the People's Republic of China on Precautions Against Earthquake and Relief of Disaster |
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Article 1 With a view to preventing and relieving earthquake disaster,
protecting safety of people's lives and property, and safeguarding smooth
progressing of socialist construction, the present Law is made.
Article 2 Where earthquake monitoring and prediction, precautions and
emergency measures against earthquake disaster, post-earthquake relief and
reconstruction (hereinafter referred to as earthquake precaution and relief)
are conducted within the territory of the People's Republic of China, the
present Law shall be applied.
Article 3 The principle of giving priority to precautions and
combining precautions and relieves shall be adopted in the work of
earthquake precaution and relief.
Article 4 The work of earthquake precaution and relief shall be
covered by the planning on national economy and social development.
Article 5 The state encourages and supports scientific and
technological research on earthquake, spreads application of advanced
scientific research achievements and improves work of earthquake
precaution and relief.
Article 6 Governments at different levels shall strengthen leadership
over the work of earthquake precaution and relief, and shall organize
relevant departments to take proper measures and do a good work for
earthquake precaution and relief.
Article 7 Under the unified leadership of the State Council, the
administrative department of the State Council in charge of earthquake
affairs, the administrative department in charge of comprehensive economic
work, the administrative department in charge of construction, civil affairs
department and other relevant departments shall, according to division of
work and functions, take care of their own responsibilities and closely
cooperate to do the work of earthquake precaution and relief well.
Departments or agencies in charge of earthquake affairs and other relevant
departments under local people's governments at or above the county level
shall, under the leadership of the people's governments at the corresponding
level and according to division of work and functions, take care of their own
responsibilities and closely cooperate to do the work of earthquake precaution
and relief well within their own administrative jurisdictions.
Article 8 All units and individuals shall be obliged to take part in
activities for earthquake precaution and relief.
The People's Liberation Army, the People's Armed Police and the People's Article 9 The state shall strengthen earthquake monitoring and Article 10 The administrative department of the State Council in Administrative departments in charge of earthquake affairs under the Article 11 The administrative department of the State Council in charge Where focal areas for earthquake monitoring and precaution are nominated, Article 12 The administrative department of the State Council in charge Article 13 The state shall, for purpose of establishing an earthquake The national earthquake monitor network comprises basic earthquake monitor Where an earthquake monitor network is intended for service of a specific Article 14 The state shall protect earthquake monitoring facilities "Earthquake monitoring facilities" as is mentioned in the present Law Article 15 New constructions, expanded constructions or reconstruction Article 16 The state adopts a system of unified disclosure of Short-term earthquake forecast and close-on-earthquake forecast shall be Any unit or professional worker engaged in earthquake work shall, when Article 17 New constructions, expanded constructions or reconstruction All construction projects, except those mentioned in the third paragraph Important construction projects and construction projects which may "Important construction projects" as is mentioned in the present Law Construction projects which may possibly cause severe secondary Nuclear power stations and nuclear construction projects, which, after Article 18 The administrative department of the State Council in charge The administrative department of the State Council in charge of Departments of the State Council in charge of railway, transport, civil Article 19 Construction projects must have their anti-seismic design Article 20 Following constructions and structures, if already built (1) constructions or structures in important construction projects; (2) constructions or structures that may possibly cause severe secondary (3) constructions or structures that are of important cultural relic value (4) constructions or structures that are located within focal areas for Article 21 Where there are sources of secondary calamities caused by Article 22 In light of earthquake information and predictive Revision of the programme on earthquake precaution and relief shall be Article 23 People's governments at different levels shall organize Article 24 People's governments at or above the county level in Article 25 The state encourages units and individuals to join Article 26 The administrative department of the State Council in charge Relevant departments of the State Council shall, according to the Where destructive earthquake is possible to take place, departments or "Destructive earthquake" as is mentioned in the present Law refers to Article 27 The state encourages and supports research and development Where it is possible to have destructive earthquake, the people's Article 28 A preparative programme on emergency measures against (1) composition and responsibility of the emergency agency; (2) safeguarding of emergency telecommunication; (3) composition of emergency rescue personnel and preparation for (4) preparations for equipment for emergency relief and rescue; (5) preparations for calamity assessment; and (6) emergency programme of actions. Article 29 After release of a close-on warning against a destructive Article 30 When a severely destructive earthquake takes place, the When a destructive earthquake takes place, relevant local people's "Severely destructive earthquake" as is mentioned in the present Law Article 31 People's governments at different levels in the disaster The administrative department of the State Council in charge of earthquake Article 32 When a severely destructive earthquake takes place, for the (1) control of traffic; (2) unified supply and distribution of those basic livelihood necessities (3) provisional requisition of houses, transport tools and (4) other emergency measures deemed necessary. Article 33 When a destructive earthquake takes place, local people's When a severely destructive earthquake takes place, the State Council Article 34 Local people's governments at or above the county level in the Article 35 Local people's governments at or above the county level in the Article 36 Local People's governments at or above the county level in the Article 37 Local people's governments at or above the county level in the Article 38 Houses, transport tools, telecommunication facilities held Article 39 During disaster relief after occurrence of earthquake, any Article 40 Any unit or individual may not hold back or divert to other Auditing agencies of people's governments at different levels shall Article 41 Local people's governments at or above the county level in the Article 42 The state shall protect typical earthquake ruins and remains Protection of typical earthquake ruins and remains shall be included in Article 43 Where any of the following actions takes place in (1) new construction, expanded construction or reconstruction project that (2) sabotage on typical earthquake ruins or remains. Article 44 If, in violation of stipulations in the third paragraph of Article 45 Where any of the following actions occurs in violation of the (1) conduction of anti-seismic design without complying with rules (2) operation of construction without complying with anti-seismic design. Article 46 Where funds or goods for earthquake disaster relief are held Article 47 In the case that state functionaries abuse power, ignore Article 48 The present Law shall come into effect as of the date of
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Militia shall fulfill tasks commissioned by the state for earthquake
precaution and relief.
Chapter II Earthquake Monitoring and Prediction
prediction, encourage and give support to scientific and technological
research on earthquake and improve earthquake monitoring and forecasting
performance step by step.
charge of earthquake affairs shall be held responsible for formulating
programmes on earthquake prevention and relief for the whole country and
for organizing implementation of those programmes.
people's governments of provinces, autonomous regions or municipalities
directly under the Central Government shall, according to the
national programme on earthquake precaution and relief, be responsible for
formulating local programme on earthquake precaution and relief within their
respective administrative jurisdictions, and for organizing implementation
of that programme.
of earthquake affairs shall, in light of earthquake activity trend, put
forward opinions on ascertaining of focal areas for earthquake monitoring
and precaution and submit those opinions to the State Council for approval.
departments or agencies of local people's governments at or above the county
level in charge of earthquake affairs shall strengthen work of earthquake
monitoring, formulate both short-term and close-on-earthquake programmes on
forecasting, establish a meeting mechanism for discussing information about
and tracing development of earthquake and improve performance of monitoring
and prediction.
of earthquake affairs and departments or agencies of local people's
governments at or above the county level in charge of earthquake affairs shall
strengthen review, supervision, transmission, analysis and treatment of
information concerning earthquake activities and warning signs and strengthen
forecasting of the place, time and degree of earthquake that occurs probably.
monitor network, adopt a system of unified planning but management by
different levels in light of different categories.
networks of the state, provincial earthquake monitor networks and city or
county earthquake monitor networks. Investment required for their construction
shall be borne by the state and local finances according to the principle of
linking financial power with administrative jurisdiction.
unit, the unit shall be responsible for investment in its construction and
management and subject it to the instruction of the department or agency in
charge of earthquake affairs under the respective local people's government
at or above the county level.
and surroundings according to law. No unit or individual may damage
earthquake monitoring facilities or surroundings. The scope of protection
shall be designated for earthquake monitoring surroundings in light of the
requirement of no interfering source around monitoring facilities which
functions may be affected.
refers to monitoring facilities, equipment, instruments of earthquake monitor
networks or other earthquake monitoring facilities, equipment, instruments
established according to regulations of the administrative department of the
State Council in charge of earthquake affairs.
projects shall prevent from causing damage to earthquake monitoring
facilities and surroundings. Where avoidance of such damage is really
impossible, the construction unit shall, before beginning construction
operations, first obtain permission from the administrative department of
the State Council in charge of earthquake affairs or of its authorized
department- or agency-in-charge under the local people's government at or
above the county level and take relevant measures according to corresponding
provisions of the State Council.
information upon earthquake forecast.
conducted by the people's government of province, autonomous region or
municipality directly under the Central Government according to procedures
stipulated by the State Council.
having opinions about short-term earthquake prediction or close-on-earthquake
prediction, report such opinions to the administrative department of the State
Council in charge of earthquake affairs or the relevant department- or
agency-in-charge under the local people's government at or above the county
level for their handling according to above-mentioned stipulations. They may
not arbitrarily disclose them to the public by themselves.
Chapter III Precautions Against Earthquake Disaster
projects shall meet anti-seismic requirements for protection from earthquake.
of the present Article, shall set up anti-seismic defences according to
defensive requirements against earthquake as are promulgated by the state
in the earthquake intensity district-division map or earthquake parameter
district-division map.
possibly cause severe secondary calamities shall be subject to earthquake
safety assessment and shall set up anti-seismic defences according to
defensive requirements against earthquake as are determined in light of
results of such assessment.
refers to those projects which are of important value to the society or have
important influence.
calamities mentioned in the present Law refers to those projects like large
reservoir dams, dykes, facilities for storage of oil, gas, combustibles,
explosives, extremely poisonous or strong corrosive matters or other
construction projects that may, after damaged by earthquake, cause flood,
fire, explosion, leak of extremely poisonous or strong corrosive matters in
large volume or cause other kind of severe secondary calamities.
damaged by earthquake, may cause severe secondary calamity of radioactive
pollution, shall be subject to serious earthquake safety assessment and adopt
strict anti-seismic defences according to law.
of earthquake affairs shall be held responsible for drawing earthquake
intensity districts-division map or earthquake parameter districts-division
map and for examination and approval of results of earthquake safety
assessment.
construction affairs shall be held responsible for formulating rules regarding
anti-seismic design for different kinds of houses, buildings, subsidiary
facilities and public municipal facilities except for where it is otherwise
stipulated in the third paragraph of the present Article.
aviation, water conservancy projects and other relevant departments-in-charge
shall be held responsible for formulating rules regarding anti-seismic design
for construction of railways, highways, harbours, ports, airports, water
conservancy projects or other special projects.
according to anti-seismic defensive requirements and anti-seismic design
rules, and construction operations be conducted according to anti-seismic
design.
without anti-seismic defences against earthquake, shall be subject to
assessment in terms of anti-seismic performance according to relevant state
provisions and be reinforced with necessary earthquake-resisting
fortifications:
calamities;
or commemorative significance; and
earthquake monitoring and precaution.
earthquake like fire, flood, landslide, radioactive pollution or epidemics,
the concerned local people's governments shall adopt proper and effective
preventive measures.
conclusions, the administrative department of the State Council in charge of
earthquake affairs and departments- or agencies-in-charge under local people's
governments at or above the county level shall jointly formulate the programme
with relevant departments at the corresponding level on earthquake precaution
and relief, submit the programme to the people's government at the
corresponding level and organize its implementation after approved.
subject to approval of the same agency who first authorized the programme.
dissemination and education in knowledge about precautions against
earthquake and relief of disaster, strengthen the people's awareness of
earthquake precaution and relief, improve citizens' ability to relieve by
themselves and help each other in case of the disaster, reinforce training
of relevant professionals so as to improve efficiency of emergency aid for
disaster relief.
designated focal areas for earthquake monitoring and precaution shall, in
light of real necessity and possibility, include in financial budget at the
same level or in goods reserve proper funds and goods for the purpose of
defence against earthquake and relief of disaster.
earthquake disaster insurance.
Chapter IV Earthquake Emergency Measures
of earthquake affairs shall, jointly with other relevant departments of the
State Council, formulate preparative programme on emergency measures against
destructive earthquake and submit such programme to the State Council for
approval.
preparative programme on emergency measures against destructive earthquake,
formulate, for the respective departments themselves, their own preparative
emergency programmes against destructive earthquake, and shall submit such
programmes to the State Council for approval.
agencies in charge of earthquake affairs under people's governments at or
above the county level, shall, in light of the state preparative programme on
emergency measures against destructive earthquake, formulate for the
respective areas regional preparative programmes on emergency measures against
destructive earthquake jointly with other relevant local departments, and
shall submit such programmes to the people's government at the same level for
approval. Preparative programmes on emergency measures against destructive
earthquake formulated by province, autonomous region or city with a population
of more than one million shall submit the programmes for record to the
administrative department of the State Council in charge of earthquake affairs.
such earthquake that causes personal casualties or/and property loss.
of technologies and equipment for earthquake emergency relief.
governments at or above the county level shall instruct relevant departments
to arrange for necessary reserve of earthquake emergency rescue and relief
equipment and conduct training in using such equipment.
destructive earthquake shall include the following contents:
emergency funds and goods;
earthquake, the people's government of concerned province, autonomous
region or municipality directly under the Central Government may declare that
the forecasted area enters a close-on-earthquake emergency period; relevant
local people's governments shall, according to preparative programmes on
emergency measures against destructive earthquake, organize relevant
departments to mobilize social forces for proper preparations for rescue and
relief.
State Council shall set up an earthquake rescue and relief headquarter to
organize enforcement of the corresponding preparative programme on emergency
measures against destructive earthquake. The executive agency of the State
Council earthquake rescue and relief headquarter shall be set up within the
administrative department of the State Council in charge of earthquake
affairs.
governments at or above the county level shall set up an earthquake rescue and
relief headquarter to organize enforcement of corresponding preparative
programmes on emergency measures against destructive earthquake.
refers to such disaster of earthquake that causes severe casualties and
property loss, totally or partially forfeits self-recovery ability of the
earthquake-stricken area and therefore necessitates state actions in response.
afflicted area shall timely report to people's government at next higher
level information about situation, conditions and development of the
disaster. The people's government of the earthquake-stricken province,
autonomous region or municipality directly under the Central
Government shall release to the public information about the earthquake and
consequent situations according to corresponding provisions of the State
Council.
affairs or the department-in-charge of the people's government of
earthquake-stricken province, autonomous region or municipality directly under
the Central Government shall, together with other relevant departments, timely
conduct investigation and assessment of the losses caused by earthquake.
Result of the investigation shall be timely reported to the people's
government at the same level.
purpose of emergency disaster relief and rescue and maintenance of social
order, the State Council or the people's government of the concerned
province, autonomous region or municipality directly under the Central
Government may execute following emergency measures in the disaster afflicted
area:
like foods and medicines;
telecommunication facilities; and
Chapter V Post-Earthquake Relief and Reconstruction
governments at different levels in the disaster afflicted area shall
mobilize all forces to rescue people and organize grass-roots units and
people to relieve themselves and help each other. Local people's governments
at different levels in other areas shall organize and mobilize social forces
to offer aid to the earthquake-stricken area in light of consequent situation
and condition of the earthquake.
shall provide relief and aid to the disaster afflicted area and instruct
the department in charge of comprehensive economic work to coordinate overall
disaster-relief work and arrange for relief funds and goods with other
relevant departments in a unified manner.
earthquake-stricken area shall organize sanitation, medical and other
departments and units to conduct proper medical salvage, sanitation and
anti-epidemic work.
earthquake-stricken area shall organize civil affairs and other relevant
departments and units to immediately set up refuges and relief distribution
stations for supply of relieves, proper arrangements for victims' livelihood
and for transfer and settlement of the victims.
earthquake-stricken area shall organize departments of communication, posts
and telecommunication, construction and other relevant departments and units
to adopt measures for recovery of damaged systems for traffic, communication,
water supply, sewage, transmission of electricity, supply of gas, petroleum
line as soon as possible, and to take emergency protective measures against
secondary calamity sources.
earthquake-stricken area shall organize public security organs and other
relevant departments to strengthen security management and arrangement,
prevent and crash down upon different kinds of crimes and maintain social
order.
in temporary requisition out of disaster relief necessity shall be
timely returned afterwards. In case of damage or impossibility to return,
proper compensation or other proper treatment shall be made according to
relevant stipulations of the State Council.
unit or individual shall observe law and disciplines, comply with social
morale, obey directions and help maintain social order.
uses funds or goods intended for earthquake disaster relief.
strengthen auditing supervision over use of funds for earthquake disaster
relief.
earthquake-stricken area shall, in light of earthquake disaster conditions
and in accordance with defensive requirements against earthquake, make
unified planning and arrangements for reconstruction of earthquake-stricken
area.
according to law.
the programme for reconstruction of the earthquake-stricken area.
Chapter VI Legal Responsibilities
violation of the present Law, the administrative department of the State
Council in charge of earthquake affairs or departments- or agencies-in-charge
under local people's governments at or above the county level shall order a
stop of the offence, recovery to the original state or other compensations;
where the case is serious, a fine of 5000 yuan to 100,000 yuan may be imposed;
in case a loss is caused, the offender shall bear civil liability; if a crime
is constituted, criminal liability shall be assessed.
jeopardizes earthquake monitoring facilities or surroundings but does not
obtain approval in advance or take proper measures; or
Article 17, the relevant construction unit does not conduct earthquake safety
assessment or does not set up earthquake-resisting defences according to
defensive requirements against earthquake as determined in light of the result
of such assessment, the administrative department of the State Council in
charge of earthquake affairs or departments- or agencies-in-charge under local
people's governments at or above the county level shall order correction of
the offence and impose a fine of more than 10,000 yuan but less than 100,000
yuan.
present Law, administrative departments of people's governments at or above
the county level in charge of construction affairs or other relevant
departments-in-charge shall, according to their respective functions and
powers, order a correction of the violation and impose a fine of more than
10,000 yuan but less than 100,000 yuan:
regarding anti-seismic design; or
back or reverted to other uses, criminal liability shall be assessed in case a
crime is constituted; or administrative punishment shall be imposed in case
the offence does not constitute a crime.
duties or conduct malpractice for personal profits in the work of earthquake
precaution and disaster relief, criminal liability shall be assessed in case
that a crime is constituted; or administrative punishment shall be imposed in
case a crime is not constituted.
Chapter VII Supplementary Provisions
March 1, 1997.
URL: http://www.asianlii.org/cn/legis/cen/laws/paearod462