Natural Disaster Relief Regulations

Original Language Title: 自然灾害救助条例

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$19.99.
People's Republic of China promulgated by Decree No. 577

                        Natural disaster relief regulations of the Executive meeting of the State Council on June 30, 2010 the 117th adopted, promulgated and take effect on September 1, 2010.

                        Prime Minister Wen Jiabao



The July 8, 2010

Natural disaster relief regulations

Chapter I General provisions

First in order to regulate the natural disaster relief work and ensure the basic living affected personnel, this Ordinance is enacted.

Second natural disaster relief work following the people-oriented, Government-dominated, hierarchical management, principles of social solidarity and victims themselves.

Third natural disaster relief work at all levels of government executive leadership responsibility. National natural disaster relief Committee is responsible for organizing and leading the country, coordinating disaster relief. Civil affairs departments of the State Council in charge of the national natural disaster relief work, undertake specific work of the National Committee for disaster reduction.

Relevant departments under the State Council in accordance with their responsibility to the country's natural disaster relief work. Local people's Governments at or above the county level people's Government of comprehensive coordination of natural disaster relief emergency response agencies, organize and coordinate the regional natural disaster relief work. Civil affairs departments above the county level people's Government responsible for the administration of the natural disaster relief work.

Relevant departments of the local people's Governments at or above the county level in accordance with their responsibility to the regional natural disaster relief work.

Fourth people's Governments above the county level shall include natural disaster relief work in the national economy and social development plan, establish a sound and appropriate funds for natural disaster relief needs, support mechanisms, the people's Governments of natural disaster relief fund and natural disaster relief funds into the budget.

Fifth, neighborhood committees and rural villagers ' Committee of Red Cross, charity and public foundations and other social organizations, assisting the Government according to law for natural disaster relief work.

Countries encourage and guide units and individuals involved in natural disaster relief donations, volunteering, and other activities.

Sixth people's Governments at various levels shall strengthen disaster prevention education, increasing citizens ' awareness of disaster prevention and safe-haven and rescue mutual ability.

Villagers ' committees and residents ' and enterprises and institutions shall, in accordance with requirements of local government, according to their own situation, carrying out disaster emergency knowledge dissemination activities.

Article seventh in natural disaster relief units and individuals who have made outstanding contributions to, and recognize and reward in accordance with the relevant provisions of the State.

Chapter relief preparation

Eighth local people's Governments at or above the county level and their departments shall, in accordance with the laws, rules, regulations, and higher people's Governments and their relevant departments of emergency natural disaster risk and the Administration to investigate the situation, and to develop appropriate emergency response plan for natural disaster relief.

Natural disaster relief emergency plan should include the following:

(A) natural disaster relief emergency command system and their responsibilities;

(B) natural disasters emergency response team;

(C) natural disaster relief emergency funds, materials and equipment;

(D) early warning and forecasting of natural disasters and the disaster information reporting, processing;

(E) natural disaster relief emergency response level and the corresponding measures to take;

(F) disaster emergency relief and housing rehabilitation and reconstruction measures.

Nineth people's Governments above the county level shall establish and improve natural disaster relief emergency command support system, and for natural disaster relief work to provide the necessary transportation, communication and other equipment.

Tenth national natural disaster relief materials reserve system established, by the Home Department of the State Council in conjunction with the financial sector, the development and reform Department of the national natural disaster relief material reserves plan and stockpile planning and implementation.

Districts of the city-level people's Governments and disaster-prone, prone areas of county-level people's Governments shall, in accordance with the characteristics of natural disaster, population size and distribution of the population, in accordance with the principle of reasonable layout, scale, establishment of a natural disaster relief material reserves Agency.

11th local people's Governments at or above the county level shall be in accordance with the local resident population number and distribution of, and use of parks, squares, sports stadiums and other public facilities, planning to set up emergency shelters, and set clearly marked.

Start the natural disaster warning response, or emergency response, you need to inform residents to emergency shelters, and above the county level people's Government or the Government's natural disaster relief emergency coordinating agencies should be through radio, TV, SMS, electronic displays, the Internet and other means, specific addresses timely notice of emergency shelters and arrival paths.

12th local people's Governments at or above the county level shall strengthen natural disaster rescue team building and business training, enterprises and institutions, neighborhood committees and rural villagers ' Committee should be established full-time or part-time member of natural disaster information.

Chapter emergency relief

13th above county level people's Government or the Government of comprehensive coordination of natural disaster relief emergency response agencies should respond according to the forecasting of natural disasters to start warning, take one or more of the following measures:

(A) to the public warning to avoid natural disasters risks to publicize safety knowledge and skills, prompting public rescue mutually prepare;

(B) opening emergency shelters and evacuation of persons and property, transfer of vulnerability to natural disasters, when the urgency of the situation, the implementation of organized transfer of safe-haven;

(C) increased vulnerability to natural disasters of villages, communities, and public safety and security;

(D) prepares an basic living assistance obliges the civil affairs departments.

14th natural disasters and achieve natural disaster relief emergency launch conditions above county level people's Government or the Government of comprehensive coordination of natural disaster relief emergency response agencies should start the natural disaster relief emergency response in a timely manner and take one or more of the following measures:

(A) immediately to the announcement of Government measures and the public of preventive measures;

(B) urgently relocate affected people;

(C) emergency natural disaster relief emergency fund allocation, transportation and supplies to provide disaster victims with food, drinking water, clothing, heating, shelter, medical and epidemic prevention, emergency assistance, ensuring the basic living affected personnel;

(D) comfort disaster victims, victims and aftermath;

(E) Organization of the affected persons themselves mutually;

(Vi) analysis of trends to assess the situation and needs in the disaster area, take the appropriate measures for natural disaster relief;

(VII) Organization of natural disaster relief donation.

Emergency relief goods, the transportation authorities should organize priority shipping.

15th article in natural disaster relief during the emergency, above the county level people's Government or the Government of comprehensive coordination of natural disaster relief emergency response agencies in the administrative area of the emergency use material, equipment, means of transport and venues, and natural disaster relief should be returned promptly after the end of the emergency, and compensation in accordance with the relevant provisions of the State.

16th casualties caused by natural disasters or large property losses, the County Civil Affairs Department in the affected areas should be immediately to the local government and district level people's Government departments on reporting.

Natural disasters caused a particularly serious or major loss of life, damage to property, the County Civil Affairs Department in the affected areas shall be in accordance with the relevant laws, administrative regulations and procedures for emergency provisions of the State Council reports in a timely manner and, if necessary, can be reported directly to the State Council.

Article 17th disaster before stabilizing government civil affairs departments in the affected areas should be the daily escalating natural disasters causing casualties, damage to property and the dynamics of natural disaster relief work, and to the public in a timely manner.

Situation stabilized, the affected area above the county level people's Government or the Government of comprehensive coordination of natural disaster relief emergency response agency should be assessed, approved and published natural disaster losses.

The fourth chapter disaster relief

18th people's Governments in the affected areas should be on the premise of ensuring security, integration and relocation, the Government resettlement and placement methods, transitional settlement to affected people.

Local integration should be selected in the convenient location, ease of production and life, and avoid possible areas of secondary natural disasters, try not to take up less land.

People's Governments in the affected areas should be encouraged and organized victims help themselves mutually, recovery and reconstruction.

Article 19th after the danger of natural disasters, people's Governments in the affected areas and manpower to develop residential reconstruction plans and preferential policy, organize reconstruction or repair disaster damaged residential, rehabilitation is focused on helping families in difficulty.

Housing reconstruction should be in line with local conditions, the economy is practical, ensure the quality of housing construction in line with disaster prevention and mitigation requirements.

Government departments such as the home of the affected areas should be audited to confirm the housing reconstruction grants object subsidies funds and materials, the Department of housing and urban-rural construction should be disaster victims rebuild or repair disaster damaged residential buildings provide the necessary technical support. 20th residential restoration and reconstruction assistance by the affected persons apply or be nominated by village groups, residents ' groups.

By the villagers ' committees and residents ' Committee of democratic appraisal, in line with the conditions, villages, community-wide publicity; no objections or village committees, neighbourhood democratic Council objection does not stand, by villagers ' committees and residents ' Committee comments and related materials submitted to the Township people's Governments and neighborhood offices audited, and reported to the County Civil Affairs Department for approval.

21st following a natural disaster of the year in winter and spring, people's Governments in the affected areas should provide basic relief for affected people living difficult.

County Civil Affairs Department in the affected areas before the end of October each year statistics and assess administrative areas affected people that year in winter and spring of basic difficulties and needs to verify the bailouts, the preparation of accounts, development aid programme, after approval by the people's Governments at the corresponding level implementation, and Government departments of civil affairs at a higher level for the record.

The fifth chapter management of relief funds and goods

22nd people's Governments above the county level financial departments, the Home Department is responsible for the distribution of natural disaster relief fund, manage and monitor usage.
Civil affairs departments above the county level people's Government is responsible for the allocation, distribution, management, natural disaster relief supplies.

23rd people's Government procurement for natural disaster response preparedness and post-disaster recovery and reconstruction goods, construction and services, in accordance with the legal provisions relating to government procurement and tendering organizations.

Natural disaster emergency relief and post-disaster reconstruction involves emergency, emergency transfer placement and temporary relief of emergency procurement activities, in accordance with the relevant provisions of the State.

Article 24th of natural disaster relief funds () special, free to use. Directed donation should be used in accordance with the donor's wishes.

Government departments accept no specified intention of donors ' money and property, civil affairs departments above the county level people's Government arrange for natural disaster relief social organizations accepting donations without specifying intent by social organizations, in accordance with the relevant provisions for natural disaster relief.

25th natural disaster relief funds and goods should be used in emergency resettlement of affected people, basic living assistance, medical assistance, public services such as education, health facilities and housing rehabilitation, procurement, storage and transport of natural disaster relief supplies, as well as relatives of disaster victims and comfort items, such as spending.

26th people's Governments in the affected areas of Civil Affairs, finance and other sectors and society through the press, radio, television, the Internet, take the initiative to accept natural disaster relief to the public and donated the source, quantity and usage.

The affected areas village committees, neighborhood committees shall make public bailouts and bailout money amounts and usage.

27th people's Governments at all levels should establish and improve natural disaster relief money and donations of supervision and inspection system, and complaints and reported in a timely manner.

28th above county level people's government supervisory organs, auditing organ shall for natural disaster relief and donations management the use of conducting supervision and inspection, home, financial sector and social organizations concerned should give full collaboration.

The sixth chapter legal liability

Article 29th Executive who, in violation of the provisions of this Ordinance, any of the following acts, disciplined by the appointment and removal or organs in accordance with legal regulations constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(I) late, false, hide the loss of natural disasters and resulting consequences;

(B) failing organizations affected people relocated, or in the provision of basic relief, poor work organization in the process of recovery and reconstruction, and resulting consequences;

(C) are withheld, misappropriated, privately divide natural disaster relief funds and goods or donations;

(D) not timely restitution of expropriated property, or compensation in accordance with the provisions;

(E) abuse of power, dereliction of duty or engages in other acts.

Article 30th misrepresentation, concealment, falsification and other means, obtain natural disaster relief funds and goods or donations, and civil affairs departments above the county level people's Government ordered to return illegally obtained funds and goods constitutes a crime, criminal responsibility shall be investigated according to law.

31st Rob, or to encroach upon natural disaster relief money or donations, and civil affairs departments above the county level people's Governments shall be ordered to stop illegal activities contravening public security management by the public security organs shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.

Article 32nd by threat of violence, prevent natural disasters relief workers from performing their duties, activities contravening public security management by the public security organs shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.

The seventh chapter by-laws

Article 33rd accidents, public health incidents, social security incidents and other emergencies, need living assistance by civil affairs departments above the county level people's Government, with reference to these regulations.

Article 34th laws and administrative regulations on disaster prevention, response, relief otherwise provides, from its provisions. 35th article of the regulations come into force on September 1, 2010.

Related Laws