Law of the People's Republic of China on Protecting Against and Mitigating Earthquake Disasters (Revised in 2008)
Law of the People's Republic of China on Protecting Against and Mitigating Earthquake Disasters (Revised in 2008)
Law of the People's Republic of China on Protecting Against and Mitigating Earthquake Disasters (Revised in 2008)
Order of the President of the People's Republic of China No.7
December 27, 2008
The Law of the People's Republic of China on Protecting Against and Mitigating Earthquake Disasters was revised at the 6th session of the Standing Committee of the 11th National People's Congress on December 27, 2008 and the law as revised is hereby re-promulgated with effect from May 1, 2009.
Hu Jintao, President of the People's Republic of China
Law of the People's Republic of China on Protecting Against and Mitigating Earthquake Disasters (Revised in 2008)
(Adopted at the 29th session of the Standing Committee of the 8th National People's Congress on December 29, 1997; and revised at the 6th session of the Standing Committee of the 11th National People's Congress on December 27, 2008)
Chapter I General Provisions
Chapter II Plans for Protecting Against and Mitigating Earthquake Disasters
Chapter III Earthquake Monitoring and Prediction
Chapter IV Protection Against Earthquake Disasters
Chapter V Measures for Earthquake Emergency Rescue
Chapter VI Transitional Resettlement, Rehabilitation and Reconstruction after Earthquake Disasters
Chapter VII Supervision and Management
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
Chapter I General Provisions
Article 1 Law of the People's Republic of China on Protecting Against and Mitigating Earthquake Disasters (hereinafter referred to as the "Law") is enacted in order to protect against and mitigate earthquake disasters, ensure the safety of the people's lives and property and stimulate the sustainable development of economic society.
Article 2 The Law shall be applicable to earthquake monitoring and prediction, protection against earthquake disasters, measures for earthquake emergency rescue, transitional resettlement, rehabilitation and reconstruction after earthquake disasters, and other activities in regard to protecting against and mitigating earthquake disasters, which are carried out within the territory of the People's Republic of China and in other sea areas under the jurisdiction of the People's Republic of China.
Article 3 In an 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 People's governments at or above the county level shall strengthen leadership over the protection against and mitigation of earthquake disasters, incorporate such work into plans for national economic and social development, and include corresponding expenses in the financial budget.
Article 5 Under the leadership of the State Council, the competent department for seismic work under the State Council, and comprehensive macroeconomic management, construction, civil affairs, sanitation, public security and the other relevant departments under the State Council shall join efforts and closely cooperate with each other, while acting in accordance with the division of their functions and duties, to jointly accomplish the 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 jointly accomplish the protection against and mitigation of earthquake disasters within their own administrative areas.
Article 6 Headquarters for resisting earthquakes and providing disaster relief set up by the State Council shall be responsible for the leadership, command and coordination of the nationwide work for resisting earthquakes and providing disaster relief in a unified way. Headquarters for resisting earthquakes and providing disaster relief set up by the people's governments at or above the county level shall be responsible for the leadership, command and coordination of the local work for resisting earthquakes and providing disaster relief in a unified way.
The competent 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 be responsible for the routine work of the headquarters for resisting earthquakes and providing disaster relief in the people's government at the same level.
Article 7 People's governments at all levels shall organize and carry out publicity and education in respect to knowledge in protecting against and mitigating earthquake disasters to strengthen the civic awareness of protecting against and mitigating earthquake disasters and promote the entire social capability of protecting against and mitigating earthquake disasters.
Article 8 All units and individuals are obligated to take part in protecting against and mitigating earthquake disasters according to the law.
The State encourages and guides organizations and individuals to carry out mass observation and prevention against earthquakes.
The State encourages and guides volunteers to take part in the protection against and the mitigation of earthquake disasters.
Article 9 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 and ensure the safety of people's lives and property in accordance with the Law as well as other relevant laws, administrative regulations, military regulations and orders of the State Council and the Central Military Commission.
Article 10 While protecting against and mitigating earthquake disasters, relevant national standards shall be observed.
Article 11 The State encourages and supports the scientific and technological research on protecting against and mitigating earthquake disasters, gradually increases the input of funds for such research, promotes the advanced science research achievement, and strengthens the international cooperation and communication, to improve the quality of the work for protecting against and mitigating earthquake disasters.
Units and individuals who make outstanding contributions to the protection against and the mitigation of earthquake disasters shall be commended and rewarded according to the relevant provisions of the State.
Chapter II Plans for Protecting Against and Mitigating Earthquake Disasters
Article 12 The competent department for seismic work under the State, together with relevant departments under the same, shall organize and compile national plans for protecting against and mitigating earthquake disasters, and implement these plans upon the approval of the State Council.
Administrative departments or institutions for seismic work under local people's governments at or above the county level, together with relevant departments at the same levels, shall, on the basis of the plans for protecting against and mitigating earthquake disasters at the next higher level and the actual situation of the local administrative area, organize and compile plans for protecting against and mitigating earthquake disasters in the local administrative area, implement these plans upon the approval of the people's government at the same level, and report to administrative departments or institutions for seismic work under people's governments at the next higher level for the record.
Article 13 Plans for protecting against and mitigating earthquake disasters shall be made under the principle of overall consideration, highlighted emphasis, rational distribution and all-round prevention, on the basis of the prediction of earthquake situations and earthquake disasters, and by taking full consideration of the safety of people's lives and property, the development of economic society, the protection of resources and the environment, etc.
Relevant departments under the local people's governments at or above the county level shall, on the basis of the need to compile plans for protecting against and mitigating earthquake disasters, provide relevant information in a timely manner.
Article 14 Contents of plans for protecting against and mitigating earthquake disasters shall include: earthquake situation, general objective of the protection against and mitigation of earthquake disasters, construction and layout of earthquake monitoring stations and networks, prevention measures against earthquake disasters, measures for earthquake emergency rescue, as well as technologies, information, funds, materials and other supporting measures with regard to the protection against and mitigation of earthquake disasters.
While compiling plans for protecting against and mitigating earthquake disasters, the construction of earthquake monitoring stations and networks set up in the key areas for earthquake surveillance and protection, tracking of earthquake situations, prevention measures against earthquake disasters, preparation for earthquake emergency rescue, publicity and education in respect to knowledge in protecting against and mitigating earthquake disasters and others shall be arranged in detail.
Article 15 Prior to reporting plans for protecting against and mitigating earthquake disasters for examination and approval, the organizing and compiling authority shall collect opinions from relevant departments, units, experts and the public.
Opinion adopting and reasons for adoption shall be attached to the document involving plans for protecting against and mitigating earthquake disasters and submitted for examination and approval.
Article 16 Plans for protecting against and mitigating earthquake disasters shall be strictly implemented after the announcement upon approval; if any plan indeed needs to be modified due to the change in earthquake situation and the development of economic society, such modification shall be reported for examination and approval in light of the procedures of the original examination and approval.
Chapter III Earthquake Monitoring and Prediction
Article 17 The State strengthens earthquake monitoring and prediction and establishes the multidisciplinary earthquake monitoring system to promote such monitoring and prediction gradually.
Article 18 The State carries out unified planning for and hierarchical and classified management of earthquake monitoring stations and networks.
The competent 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, in accordance with relevant provisions of the State Council, plan earthquake monitoring stations and networks.
The national earthquake monitoring network is composed of the national earthquake monitoring stations and the earthquake monitoring stations at the provincial, municipal and county levels, and the relevant construction funds and operating expenditures shall be included in the financial budget.
Article 19 For investors of significant construction projects such as reservoirs, oil fields and nuclear power plants, special earthquake monitoring stations and networks or strong vibration monitoring equipment shall be set up in accordance with the relevant provisions of the State Council, and the construction funds and operating expenditures shall be assumed by the investors.
Article 20 For the construction of earthquake monitoring stations and networks, laws, regulations and relevant national standards shall be observed to ensure the quality of construction.
Article 21 The earthquake monitoring stations and networks may not be suspended or terminated without authorization.
Units in charge of the examination, transmission, analysis, processing, storage and submission of earthquake monitoring information shall ensure the quality and safety of such information.
Local people's governments at or above the county level shall organize relevant units to provide communication, transportation, electricity and other assurance conditions for the operation of earthquake monitoring stations and networks.
Article 22 Administrative departments or institutions for seismic work under local people's governments at or above the county level in coastal regions shall strengthen the monitoring and prediction of sea earthquakes. When a sea earthquake occurs, the administrative department or institution for seismic work under the local people's government at or above the county level in coastal regions shall report relevant information to the competent marine administrative authority and the local maritime administrative agency in a timely manner.
Administrative departments or institutions for seismic work under local people's governments at or above the county level in places where volcanoes are located shall strengthen the monitoring and prediction of volcanic activity by means of earthquake monitoring equipment and technology.
Article 23 The State protects the facilities for earthquake monitoring and the environment for seismicity observation according to the law.
No unit or individual may embezzle, damage, dismantle or, without authorization, move facilities for earthquake monitoring.
......
Order of the President of the People's Republic of China No.7
December 27, 2008
The Law of the People's Republic of China on Protecting Against and Mitigating Earthquake Disasters was revised at the 6th session of the Standing Committee of the 11th National People's Congress on December 27, 2008 and the law as revised is hereby re-promulgated with effect from May 1, 2009.
Hu Jintao, President of the People's Republic of China
Law of the People's Republic of China on Protecting Against and Mitigating Earthquake Disasters (Revised in 2008)
(Adopted at the 29th session of the Standing Committee of the 8th National People's Congress on December 29, 1997; and revised at the 6th session of the Standing Committee of the 11th National People's Congress on December 27, 2008)
Chapter I General Provisions
Chapter II Plans for Protecting Against and Mitigating Earthquake Disasters
Chapter III Earthquake Monitoring and Prediction
Chapter IV Protection Against Earthquake Disasters
Chapter V Measures for Earthquake Emergency Rescue
Chapter VI Transitional Resettlement, Rehabilitation and Reconstruction after Earthquake Disasters
Chapter VII Supervision and Management
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
Chapter I General Provisions
Article 1 Law of the People's Republic of China on Protecting Against and Mitigating Earthquake Disasters (hereinafter referred to as the "Law") is enacted in order to protect against and mitigate earthquake disasters, ensure the safety of the people's lives and property and stimulate the sustainable development of economic society.
Article 2 The Law shall be applicable to earthquake monitoring and prediction, protection against earthquake disasters, measures for earthquake emergency rescue, transitional resettlement, rehabilitation and reconstruction after earthquake disasters, and other activities in regard to protecting against and mitigating earthquake disasters, which are carried out within the territory of the People's Republic of China and in other sea areas under the jurisdiction of the People's Republic of China.
Article 3 In an 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 People's governments at or above the county level shall strengthen leadership over the protection against and mitigation of earthquake disasters, incorporate such work into plans for national economic and social development, and include corresponding expenses in the financial budget.
Article 5 Under the leadership of the State Council, the competent department for seismic work under the State Council, and comprehensive macroeconomic management, construction, civil affairs, sanitation, public security and the other relevant departments under the State Council shall join efforts and closely cooperate with each other, while acting in accordance with the division of their functions and duties, to jointly accomplish the 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 jointly accomplish the protection against and mitigation of earthquake disasters within their own administrative areas.
Article 6 Headquarters for resisting earthquakes and providing disaster relief set up by the State Council shall be responsible for the leadership, command and coordination of the nationwide work for resisting earthquakes and providing disaster relief in a unified way. Headquarters for resisting earthquakes and providing disaster relief set up by the people's governments at or above the county level shall be responsible for the leadership, command and coordination of the local work for resisting earthquakes and providing disaster relief in a unified way.
The competent 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 be responsible for the routine work of the headquarters for resisting earthquakes and providing disaster relief in the people's government at the same level.
Article 7 People's governments at all levels shall organize and carry out publicity and education in respect to knowledge in protecting against and mitigating earthquake disasters to strengthen the civic awareness of protecting against and mitigating earthquake disasters and promote the entire social capability of protecting against and mitigating earthquake disasters.
Article 8 All units and individuals are obligated to take part in protecting against and mitigating earthquake disasters according to the law.
The State encourages and guides organizations and individuals to carry out mass observation and prevention against earthquakes.
The State encourages and guides volunteers to take part in the protection against and the mitigation of earthquake disasters.
Article 9 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 and ensure the safety of people's lives and property in accordance with the Law as well as other relevant laws, administrative regulations, military regulations and orders of the State Council and the Central Military Commission.
Article 10 While protecting against and mitigating earthquake disasters, relevant national standards shall be observed.
Article 11 The State encourages and supports the scientific and technological research on protecting against and mitigating earthquake disasters, gradually increases the input of funds for such research, promotes the advanced science research achievement, and strengthens the international cooperation and communication, to improve the quality of the work for protecting against and mitigating earthquake disasters.
Units and individuals who make outstanding contributions to the protection against and the mitigation of earthquake disasters shall be commended and rewarded according to the relevant provisions of the State.
Chapter II Plans for Protecting Against and Mitigating Earthquake Disasters
Article 12 The competent department for seismic work under the State, together with relevant departments under the same, shall organize and compile national plans for protecting against and mitigating earthquake disasters, and implement these plans upon the approval of the State Council.
Administrative departments or institutions for seismic work under local people's governments at or above the county level, together with relevant departments at the same levels, shall, on the basis of the plans for protecting against and mitigating earthquake disasters at the next higher level and the actual situation of the local administrative area, organize and compile plans for protecting against and mitigating earthquake disasters in the local administrative area, implement these plans upon the approval of the people's government at the same level, and report to administrative departments or institutions for seismic work under people's governments at the next higher level for the record.
Article 13 Plans for protecting against and mitigating earthquake disasters shall be made under the principle of overall consideration, highlighted emphasis, rational distribution and all-round prevention, on the basis of the prediction of earthquake situations and earthquake disasters, and by taking full consideration of the safety of people's lives and property, the development of economic society, the protection of resources and the environment, etc.
Relevant departments under the local people's governments at or above the county level shall, on the basis of the need to compile plans for protecting against and mitigating earthquake disasters, provide relevant information in a timely manner.
Article 14 Contents of plans for protecting against and mitigating earthquake disasters shall include: earthquake situation, general objective of the protection against and mitigation of earthquake disasters, construction and layout of earthquake monitoring stations and networks, prevention measures against earthquake disasters, measures for earthquake emergency rescue, as well as technologies, information, funds, materials and other supporting measures with regard to the protection against and mitigation of earthquake disasters.
While compiling plans for protecting against and mitigating earthquake disasters, the construction of earthquake monitoring stations and networks set up in the key areas for earthquake surveillance and protection, tracking of earthquake situations, prevention measures against earthquake disasters, preparation for earthquake emergency rescue, publicity and education in respect to knowledge in protecting against and mitigating earthquake disasters and others shall be arranged in detail.
Article 15 Prior to reporting plans for protecting against and mitigating earthquake disasters for examination and approval, the organizing and compiling authority shall collect opinions from relevant departments, units, experts and the public.
Opinion adopting and reasons for adoption shall be attached to the document involving plans for protecting against and mitigating earthquake disasters and submitted for examination and approval.
Article 16 Plans for protecting against and mitigating earthquake disasters shall be strictly implemented after the announcement upon approval; if any plan indeed needs to be modified due to the change in earthquake situation and the development of economic society, such modification shall be reported for examination and approval in light of the procedures of the original examination and approval.
Chapter III Earthquake Monitoring and Prediction
Article 17 The State strengthens earthquake monitoring and prediction and establishes the multidisciplinary earthquake monitoring system to promote such monitoring and prediction gradually.
Article 18 The State carries out unified planning for and hierarchical and classified management of earthquake monitoring stations and networks.
The competent 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, in accordance with relevant provisions of the State Council, plan earthquake monitoring stations and networks.
The national earthquake monitoring network is composed of the national earthquake monitoring stations and the earthquake monitoring stations at the provincial, municipal and county levels, and the relevant construction funds and operating expenditures shall be included in the financial budget.
Article 19 For investors of significant construction projects such as reservoirs, oil fields and nuclear power plants, special earthquake monitoring stations and networks or strong vibration monitoring equipment shall be set up in accordance with the relevant provisions of the State Council, and the construction funds and operating expenditures shall be assumed by the investors.
Article 20 For the construction of earthquake monitoring stations and networks, laws, regulations and relevant national standards shall be observed to ensure the quality of construction.
Article 21 The earthquake monitoring stations and networks may not be suspended or terminated without authorization.
Units in charge of the examination, transmission, analysis, processing, storage and submission of earthquake monitoring information shall ensure the quality and safety of such information.
Local people's governments at or above the county level shall organize relevant units to provide communication, transportation, electricity and other assurance conditions for the operation of earthquake monitoring stations and networks.
Article 22 Administrative departments or institutions for seismic work under local people's governments at or above the county level in coastal regions shall strengthen the monitoring and prediction of sea earthquakes. When a sea earthquake occurs, the administrative department or institution for seismic work under the local people's government at or above the county level in coastal regions shall report relevant information to the competent marine administrative authority and the local maritime administrative agency in a timely manner.
Administrative departments or institutions for seismic work under local people's governments at or above the county level in places where volcanoes are located shall strengthen the monitoring and prediction of volcanic activity by means of earthquake monitoring equipment and technology.
Article 23 The State protects the facilities for earthquake monitoring and the environment for seismicity observation according to the law.
No unit or individual may embezzle, damage, dismantle or, without authorization, move facilities for earthquake monitoring.
......