Law of the People's Republic of China on Protecting Against and Mitigating Earthquake Disasters (1997)

Law of the People's Republic of China on Protecting Against and Mitigating Earthquake Disasters

Order of the President [1997] No. 94

December 29, 1997

(Adopted at the 29th session of the Standing Committee of the 8th National People's Congress on December 29, 1997, promulgated by Order of the President No.94 and effective as of March 1, 1998)

Chapter I General Provisions

Article 1 This Law is enacted in order to protect against and mitigate earthquake disasters, ensure the safety of the people's lives and property and the smooth progress of the socialist drive.

Article 2 This Law shall be applicable to earthquake monitoring and prediction, protection against earthquake disasters, measures for earthquake emergencies, post-earthquake relief and reconstruction, etc. which are carried out within the territory of the People's Republic of China (hereinafter referred to as protection against and mitigation of earthquake disasters for short).

Article 3 In the effort to protect against and mitigate earthquake disasters the principle of combining protective measures with rescue efforts while putting stress on the former shall be applied.

Article 4 Protection against and mitigation of earthquake disasters shall be incorporated into plans for national economic and social development.

Article 5 The State encourages and supports scientific and technological research in protection against and mitigation of earthquake disasters and spreads the use of advanced research results in order to improve the work of protection against and mitigation of earthquake disasters.

Article 6 People's governments at different levels shall strengthen leadership over the work of protection against and mitigation of earthquake disasters and mobilize the relevant departments to take measures for successful protection against and mitigation of earthquake disasters.

Article 7 Under the leadership of the State Council, the competent administrative departments under the State Council that are responsible respectively for seismic work, comprehensive management of the economy, construction, civil affairs and the other relevant departments shall join efforts and closely cooperate with each other, while acting in accordance with the division of their functions and duties, to make a success of the work for protection against and mitigation of earthquake disasters.
The administrative departments or institutions for seismic work and the other departments concerned under the local people's governments at or above the county level shall, under the leadership of the said people's governments, join efforts and closely cooperate with each other, while acting in accordance with the division of their functions and duties, to make a success of the work for protection against and mitigation of earthquake disasters within their own administrative areas.

Article 8 All units and individuals are obligated to take part in protecting against and mitigating earthquake disasters in accordance with law.
The Chinese People's Liberation Army, the Chinese People's Armed Police Forces and the People's Militia shall carry out the tasks of protecting against and mitigating earthquake disasters assigned to them by the State.

Chapter II Earthquake Monitoring and Prediction

Article 9 The State strengthens the work of earthquake monitoring and prediction, encourages and gives aid to scientific and technological research in earthquake monitoring and prediction in order to promote such monitoring and prediction gradually.

Article 10 The competent administrative department for seismic work under the State Council shall be responsible for formulating national plans of earthquake monitoring and prediction and making arrangements for their implementation.
The administrative departments for seismic work under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for formulating plans of earthquake monitoring and prediction for their own administrative areas in accordance with the national plans of earthquake monitoring and prediction and making arrangements for their implementation respectively.

Article 11 The competent administrative department for seismic work under the State Council shall, on the basis of the tendency of seismicity, submit suggestions on delimiting key areas for earthquake surveillance and protection to the State Council for approval.
The administrative departments or institutions for seismic work under the people's governments at or above the county level located in the key areas for earthquake surveillance and protection shall improve their work in earthquake monitoring, work out plans for short-term and imminent earthquake prediction, establish the system for the tracking of and consultation about earthquake situations and enhance their capability of earthquake monitoring and prediction.

Article 12 The competent 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 or above the county level shall improve their work in examining, transmitting, analysing and processing information about seismicity and precursors of earthquakes and in forecasting the place, time and magnitude of a possible earthquake.

Article 13 The State makes unified plans for the building of earthquake monitoring stations and networks, and divides them into different levels and types for their administration.
The national earthquake monitoring network is composed of the primary national earthquake monitoring stations and the earthquake monitoring stations at the provincial, municipal and county levels, and the investment needed for its building shall be borne by the central and local governments according to the principle of unified administrative and financial powers.
An earthquake monitoring station and network for the use of a particular unit shall be built with the investment of that unit, administered by it and brought under the guidance of the administrative department or institution for seismic work under the local people's government at or above the county level.

Article 14 The State protects the facilities for earthquake monitoring and the environment for seismicity observation in accordance with law.
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