Emergency Response Law of the People's Republic of China
Emergency Response Law of the People's Republic of China
Emergency Response Law of the People's Republic of China
Order of the President [2007] No. 69
August 30, 2007
The Emergency Response Law of the People's Republic of China which was adopted at the 29th session of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on August 30, 2007 is hereby promulgated and shall be effective on November 1, 2007.
Hu Jintao, President of the People's Republic of China
Appendix: Emergency Response Law of the People's Republic of China
(Adopted at the 29th session of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on August 30, 2007)
Contents
Chapter I General Provisions
Chapter II Prevention and Response Preparation
Chapter III Monitoring and Warning
Chapter IV Emergency Response Operations and Rescue Activities
Chapter V Post-Emergency Rehabilitation and Reconstruction
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law has been formulated to prevent and reduce the occurrence of emergency incidents, control, mitigate and eliminate the severity of social damage caused by emergency incidents, standardize emergency response activities, protect the life and property of people, and maintain the national security, public safety, environmental safety and social order.
Article 2 This Law shall apply to such activities as the prevention and preparation, monitoring and warning, emergency disposal and rescue, and post-emergency rehabilitation and reconstruction for any emergency.
Article 3 The term "emergency incident" as used in this Law refers to a natural disaster, accidental disaster, public health incident or social safety incident, which takes place by accident, has caused or might cause serious social damage and requires the adoption of emergency response measures.
According to such factors as the degree of social damage and scope of impact, natural disasters, accidental disasters and public health incidents are classified into four levels: extremely serious, serious, major and ordinary. Where there are any other provisions in any law or administrative regulations or by the State Council, such provisions shall prevail.
Standard for the classification of emergency incidents shall be made by the State Council or such a department as determined by the State Council.
Article 4 The state shall establish an emergency response management system mainly featuring the uniform leadership, comprehensive coordination, categorized management, assumption of responsibility by level, and territorial management.
Article 5 Emergency response work shall adhere to the principle of prevention first and prevention combined with emergency response. The state shall establish a risk assessment system for serious emergency incidents to conduct comprehensive assessment of emergency incidents that may occur, reduce the occurrence of serious emergency incidents, and to the maximal extent mitigate the effect of serious emergency incidents.
Article 6 The state shall establish an effective social mobilization mechanism to strengthen the public safety and risk prevention and control awareness of all citizens and improve the ability of the whole society to avoid emergency risk and conduct rescue operation.
Article 7 The people's government at the county level shall be responsible for making a response to an emergency incident within its administrative region; where two or more administrative regions are involved in an emergency incident, the common people's government at the next higher level for the relevant administrative regions or the people's governments at the next higher level for all the relevant administrative regions shall be responsible for doing so.
After the occurrence of an emergency incident, the people's government at the county level at the place of occurrence shall immediately take measures to control the development of the incident, arrange for and carry out the emergency response rescue activities and operations, and immediately report the matter to the people's government at the next higher level, or make a report by bypassing the immediate authority when necessary.
The people's government at the county level at the place of occurrence of an emergency incident that cannot eliminate or effectively control the serious social damage caused by the emergency incident shall timely report the matter to the people's government at the next higher level.
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