People's Republic Of China Flood Control Regulation

Original Language Title: 中华人民共和国防汛条例

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People's Republic of China promulgated by Decree No. 441, announced the State Council on changes of People's Republic of China decided to flood prevention Ordinance, as of the date of promulgation. Premier Wen Jiabao, State Council on July 15, 25 on the revision of the People's Republic of China flood prevention Ordinance decision decision of the State Council of the People's Republic of China flood prevention Ordinance (hereinafter referred to as the regulations) is as follows: first, an article shall be added as article 12th, provides that: "where there is flood control task, should be in accordance with approved flood plan flood prevention schemes. The Yangtze River, Yellow River, huaihe River and haihe River (haihe River, Daqing River, the South zhangwei Canal and North rivers), the Songhua River, liaohe River, Pearl River and Taihu basin flood control solution, by the relevant river basin agencies in conjunction with the relevant provinces, autonomous regions and municipalities in the formulation, approval of the State flood control headquarters. Across the provinces, autonomous regions and municipalities directly under the other river flood dispatching solution, by the Basin Agency in conjunction with the development of relevant provinces, autonomous regions and municipalities, watershed flood control headquarters approval; without the establishment of river basin flood control headquarters, reported that the State flood-control headquarters for approval.
Other river flood dispatching solution that have the jurisdiction over the water conservancy Administrative Department in conjunction with the relevant local people's Governments to develop, the flood control authority that has jurisdiction. "After a flood plan is approved, local people's Governments concerned must be complied with. Modify the flood control solution, shall be submitted to the original examination and approval authority for approval. "Second, the original 12th as the 13th article of the Ordinance and amended as:" the flood control tasks of enterprises should be based on river basin or area approved programme of flood and flood prevention schemes, provided flood control measures in the industry, with the consent of the people's Governments at the County Department of water administration approval, by the flood prevention headquarters has jurisdiction supervise the implementation. "Three, and will Ordinance original 13th article as 14th article, will the article first paragraph modified for:" reservoir, and hydropower station, and river rake, engineering of management sector, should according to engineering planning design, and by approved of Defense flood programme and flood scheduling programme and engineering actual status, in XING Lee obey flood control, guarantee security of premise Xia, developed flood scheduling using plans, by superior competent sector review approved Hou, reported has jurisdiction right of Government flood command record, and accept its supervision.
"Four original 42nd 43rd, and the regulations, subsection (a) is amended as" refusal to implement the approved programme of flood prevention schemes, flood, or having jurisdiction in refusing to implement the flood control headquarters of flood control programme or flood directives ".
Also, the provisions in the order was adjusted accordingly.
This decision shall come into force as of the date of. 
People's Republic of China flood control and corresponding changes in the regulations in accordance with this decision, republished.
People's Republic of China flood prevention Ordinance (July 2, 1991 People's Republic of China promulgated by Decree published July 15, 2005, the Department of State to amend, 86th People's Republic of China flood control Ordinance revision of the decision) Chapter I General provisions article in order to do the work of flood control, protect people's lives and property and the smooth progress of economic construction under the People's Republic of China water, this Ordinance is enacted.
Article in the People's Republic of China flood control activities carried out in the territory, this Regulation shall apply.
   Article flood work "safety first, alert, prevention-oriented, to rescue" policy, follow the principles of solidarity and cooperation and partial interests to overall interests. Article fourth work of Executive Heads of Governments at all levels in charge of flood control, unified command, Division departments.
Departments implementing responsibility system of flood control and jobs.
Fifth article of any units and individuals have the obligation to participate in the flood.   
The people's Liberation Army and the armed police force are an important force in flood control.
Chapter II flood control and the sixth under the establishment of the State flood control headquarters, is responsible for leadership over the work of flood control, its offices are located in water Administrative Department under the State Council. The Yangtze and yellow rivers, can be set up by the relevant provinces, autonomous regions and municipalities and the rivers watershed management authority (hereinafter referred to as basin agencies), and other components of the flood control headquarters, is responsible for directing the Department's range of flood control, its offices are located in river basin organization.
The Yangtze River and Yellow River's major flood control issues shall be implemented after approved by the State flood control headquarters.
Water Conservancy administrative departments of the State Council of the huaihe River, haihe River, Pearl River, Songhua River and liaohe River, Taihu lake basin agencies, set up flood control offices, responsible for coordination of the watershed's flood control work. Seventh flood prevention task of local people's Governments at or above the county level to establish flood control headquarters, consisting of Heads of relevant departments, the local garrison and people's armed forces, directed by the heads of Governments at all levels to serve as.
Government flood control headquarters at all levels in the higher level people's Government flood control headquarters and under the leadership of the people's Governments at the same level, carry out flood control instruction, development of flood control measures, and unity of command of the region's flood control work.
Flood and headquarters offices are located in the people's Governments at all levels at the Department of water administration; urban flood control headquarters offices can also be located in the urban construction departments, is responsible for managing the scope of flood control work.
Eighth petroleum, electric power, telecommunications, railways, highways, shipping, mining and business, materials and other departments and units of the flood-control task, flood control agencies should be set up in the flood season, has jurisdiction over flood control Headquarters under the unified leadership of the people's Government, responsible for the industry and the flood control work of the unit.
Nineth River authorities, water conservancy and hydropower project management units and units of construction along the River, we must strengthen the responsible management and maintenance of water facilities to ensure the safe and normal operation, organization of and participation in the work of flood control.
Article tenth of the flood task as the backbone of the local people's Governments shall arrange to militia masses flood-control teams, and instructed relevant departments will flood-control team members register, defining their tasks and responsibilities.   
River management agencies and other flood control projects management unit can be combined with the usual administrative tasks, organizational units for flood control team, as the backbone of the emergency rescue.
Chapter III flood preparation 11th flood control task of the people's Governments above the county level should be based on the comprehensive River basin planning, flood control engineering and national flood prevention standards, development of flood prevention schemes (including the disposition of the flood).
Yangtze River, and Yellow River, and huaihe River, and haihe River of Defense flood programme, by national flood Commander Department developed, reported State approved Hou purposes; across province, and autonomous regions, and municipalities of other rivers of Defense flood programme, about province, and autonomous regions, and municipalities Government developed Hou, by has jurisdiction right of basin institutions review agreed, by province, and autonomous regions, and municipalities Government reported State or its authorized of institutions approved Hou purposes.
Flood control task of city people's Government should be based on the comprehensive River basin planning and river flood prevention schemes, introduce the city flood prevention schemes, submitted to the next higher people's Government or its authorized institution for approval before implementation.
After approval, the flood prevention schemes, local people's Governments concerned must be complied with. 12th where there is flood control task, should be in accordance with approved flood plan flood prevention schemes. The Yangtze River, Yellow River, huaihe River and haihe River (haihe River, Daqing River, the South zhangwei Canal and North rivers), the Songhua River, liaohe River, Pearl River and Taihu basin flood control solution, by the relevant river basin agencies in conjunction with the relevant provinces, autonomous regions and municipalities in the formulation, approval of the State flood control headquarters. Across the provinces, autonomous regions and municipalities directly under the other river flood dispatching solution, by the Basin Agency in conjunction with the development of relevant provinces, autonomous regions and municipalities, watershed flood control headquarters approval; without the establishment of river basin flood control headquarters, reported that the State flood-control headquarters for approval.
Other river flood dispatching solution that have the jurisdiction over the water conservancy Administrative Department in conjunction with the relevant local people's Governments to develop, the flood control authority that has jurisdiction. After a flood plan is approved, local people's Governments concerned must be complied with.
Modify the flood control solution, shall be submitted to the original examination and approval authority for approval.
13th flood control task of enterprises should be based on river basin or area approved programme of flood and flood prevention schemes, provided flood control measures in the industry, with the consent of the people's Governments at the County Department of water administration approval, by the flood prevention headquarters has jurisdiction supervise the implementation.
14th article reservoir, and hydropower station, and stopped River gate dam, engineering of management sector, should according to engineering planning design, and by approved of Defense flood programme and flood scheduling programme and engineering actual status, in XING Lee obey flood control, guarantee security of premise Xia, developed flood scheduling using plans, by superior competent sector review approved Hou, reported has jurisdiction right of Government flood command record, and accept its supervision.
Designated by the State flood control headquarters of flood control of major hydroelectric power station, the flood of flood after approval by the competent departments, the plans shall be approved by the Government flood control headquarters has jurisdiction.
Flood plans after approval from reservoirs, hydropower stations, sluice dam, the management is responsible for the implementation of the project.
There are rivers of ice jam flood control task, its upstream reservoir during ice flood of discharged water, must have the consent of the jurisdiction of the people's Government of the flood control headquarters agree to, and accept their supervision.
15th flood control headquarters at all levels should check before flood season on various flood control facilities organization, finding issues that affect safety, entrusted the responsible units within the prescribed period, shall not delay the work of flood control.
All departments and units in accordance with the unified arrangements of the flood control headquarters, the jurisdiction for inspection before flood season of flood control works must be affecting the safety of flood control problems and treatment measures of flood control headquarters has jurisdiction and higher authorities, and be dealt with in accordance with the requirements of the flood control headquarters.
16th on snag and backwater, water resistance of bridges, roads, docks and other facilities for Cross-River project alterations or demolition, in accordance with the People's Republic of China river management provisions of that Ordinance. Article 17th where the flood of provincial-level people's Governments shall, in accordance with the relevant provisions of the State Council, organize departments and municipalities and counties, set up flood covered security and construction planning, and implementation.

Local people's Governments at all levels must be governed by the flood of traffic, forecast alerts, refuge from the flood and evacuation roads and other facilities, as well as the preparations for the emergency evacuation and rescue inspection before flood season, found problems that affect safety, timely manner. 18th mountain torrents, mud-rock flow-prone areas, local authorities should specify prevention monitors monitoring in a timely manner.
Before the arrival of the rainy season, the local flood control Headquarters shall organize the people's Government carried out a security check, the danger signs apparent area shall timely mass evacuation is required.  
Storm surge-prone areas, local authorities should strengthen reservoirs, dikes, dams, power lines and other facilities and housing security, found problems that affect safety, timely manner.
19th area between the flood of water disputes, disputes on a common level people's Governments or authorized by the competent authorities.
Referred to in the preceding paragraph, Governments or departments in dealing with flood control, water disputes, and entitled to take provisional emergency measures, the parties concerned must comply and be implemented.
20th flood prevention task of local people's Governments should build and improve the river levee, reservoir, flood, flood control facilities, as well as communications, forecasting and warning system for flood control in the area. Article 21st flood control headquarters at all levels shall reserve a certain number of flood control materials, business, marketing, storage of the goods sector, appropriate storage fee can be paid.
Units and the masses should reserve some of the flood-threatened flood control materials.
Flood the major materials, arranged by the Planning Department in the annual plan. Before flood season 22nd levels of people's Governments of flood control Headquarters shall provide units and the local flood prevention schemes introduced, organizations exchange experience in flood control.
Interested parties shall promptly inform the water regime in the flood season. Fourth chapter of flood control and rescue article 23rd provincial flood control headquarters, according to local flood law requiring flood season start and end dates.
When the rivers, lakes, reservoirs of water close to ensure the water level or safe traffic, or flood control works of a major danger, emergency, local people's Governments at or above the county level may announce emergency in flood season and flood control headquarters report to the higher people's Government. 24th in the flood season, head of the flood control headquarters at all levels must have a Chair.
Persons concerned must hold position, grasp the flood and flood and flood prevention schemes used to plan schedule.
25th article in flood, water, and power, and meteorological, and marine, and Agriculture and forestry, sector of hydrometric station, and rainfall station, must timely accurate to to levels flood command provides real-time hydrological information; meteorological sector must timely to levels flood command provides about weather forecast and real-time meteorological information; hydrological sector must timely to levels flood command provides about hydrological forecast; marine sector must timely to coastal areas flood command provides storm tide forecast.
Article 26th during the flood season, rivers, reservoirs, dams, water facilities and other water management units and departments in the implementation of flood operation plans, flood control headquarters must submit to the jurisdiction of the people's Government of the unified dispatch or supervision.    
During the flood season, the reservoir to electric power generation, its flood limit water level of flood storage and flood regulation must submit to the jurisdiction of the people's Government of unified dispatching flood control headquarters. 27th during the flood season, rivers, reservoirs, hydropower stations, dams and other water works management must be in accordance with the provisions on water engineering inspections, found danger, Rob protective measures must be taken immediately, and report to the flood control headquarters and the competent departments.
No other unit or individual water engineering facilities of danger, shall immediately report to the headquarters for flood control and water project management unit.
28th during the flood season, road, rail, shipping, civil aviation and other sectors should be the timely delivery of flood control and emergency rescue personnel and materials; the power sector should ensure that flood control and electricity.
Article 29th during the flood season, power dispatch communications facilities must comply with flood control work needs post and telecommunications departments must ensure the timely and accurate delivery of flood and flood control command, TV, radio, road, rail, shipping, civil aviation, public security, forestry, petroleum and other departments of communication tools should be used in this sector priority for flood control services.
TV, radio, news media should be provided according to the people's Government of flood control headquarters of flood, flood control information released to the public in a timely manner. Article 30th in emergency flood season, the local flood control headquarters must be presided over by the head of the people's Government of the people's Governments, organizations mobilizing all relevant units and individuals in the region for flood control.
All units and individuals must follow the command, flood task that assumed Government flood control headquarters. 31st in emergency flood control, public security departments shall, in accordance with the flood control headquarters of the people's Government requirements to strengthen policing and security work.
If necessary, shall be enforced by the departments concerned in accordance with land and water traffic control. Article 32nd in emergency flood season, in order to flood control needs, flood control headquarters has the right to, within their jurisdiction, called material, equipment, means of transport and human resources, should be returned promptly or pay appropriate compensation.
For rescue and get soil covers, cut down trees, clear water obstacles, no unit or individual shall not be blocked.
Soil referred to in the preceding paragraph, the uprooting of trees, after completing the formalities to the relevant departments in accordance with law. Article 33rd when river water level or flow up to the required flood diversion, delay Hong Biao on time, the Government flood control headquarters has jurisdiction in accordance with approved flood, flood plan, flood, flood measures taken.
Such measures harm to adjacent areas, shall be approved by the flood prevention headquarters has jurisdiction of superior and prior notice to the area.
In exceptional cases, to protect key areas, the overall situation of State security, local sacrifices must be made, upon approval by the higher people's Government flood control headquarters having jurisdiction, local flood control headquarters can take very urgent steps the people's Government.
Implementation of the above measures, no unit or individual is allowed to block, such as when someone's obstruction and delay, are enforced by the jurisdiction of the people's right to form the Government.
When the 34th when floods threatened the safety of the public, the local people's Governments shall organize a mass evacuation to a safer place, and living arrangements.
Article 35th in accordance with the natural water flow or design standard of flood control, drainage, or with the approval of the operation plan discharge flood, no barricades blocking water in the lower reaches, or reduce the discharge capacity of the river; not allowed to increase the discharge in the upper reaches.   
Without the approval of the jurisdiction of the people's Government or its authorized, no unit or individual is allowed to change the nature of rivers and river control points.
Fifth chapter rehabilitation work 36th article in occurred flood disaster of area, material, and commercial, and marketing, and agricultural, and highway, and railway, and shipping, and civil aviation, sector should do rescue relief material of supply and transport; home, and health, and education, sector should do disaster masses of life supply, and medical epidemic prevention, and school resumption of and recovery production, relief work; water, and power, and posts and telecommunications, and highway, sector should do by jurisdiction of water destroyed engineering of repair work.
37th flood and headquarters in local people's Governments at various levels shall, in accordance with approved flood disaster of national statistical offices statistical reporting requirements, verification and accounting of the jurisdiction of the flood, reported to the competent Department and statistics departments at the same level, relevant units and individuals shall not be making false statements on or concealing, falsifying or tampering with. Article 38th after the flood, flood and headquarters in Governments at all levels should actively organize and help people in the disaster areas to restore production and development.   
Repair water damage the cost, priority should be given in the annual construction plans of the relevant authorities.
Sixth chapter 39th flood control funding flood control funding arranged by the financial sector, in accordance with the principles of management, respectively in the Central and local budgets.
During the flood season, with areas of flood-control task units and individuals should bear a certain degree of labor and cost of flood, and the specific measures formulated by the people's Governments of provinces, autonomous regions and municipalities.
40th flood of Defense funds management, in accordance with the relevant provisions.  
41st to flood the progressive implementation of flood insurance system, specific measures separately. Seventh chapter Award and punishment 42nd article has following deeds one of of units and personal, can by County above Government give recognition or award: (a) in implementation flood rescue task Shi, organization closely, command properly, Defense deli, struggled to rescue, excellent completed task who; (ii) insisted tour di check insurance, encountered danger timely report, struggled to flood rescue, results significantly who; (three) in dangerous moments, organization masses protection national and people property, rescue masses active who; (four) for flood scheduling, and
Flood rescue brainstorming, benefits significantly who; (five) meteorological, and rainfall, and water forecast and forecast accurate timely, intelligence passed quickly, overcome, Rob measuring flood, thus reduce major flood disaster who; (six) timely supply flood material and tool, love flood equipment, save funding expenditure, completed flood rescue task results significantly who; (seven) has other special contribution, results significantly who. 43rd article has following behavior one of who, depending on plot and against consequences, by its where units or superior competent organ give administrative sanctions; should give security management punishment of, in accordance with People's Republic of China security management Punishment Ordinance of provides punishment; constitute crime of, law held criminal: (a) refused to implementation by approved of Defense flood programme, and flood scheduling programme, or refused to implementation has jurisdiction right of flood command institutions of flood scheduling programme or flood rescue instruction of; (ii) negligence,
Or in flood rescue of critical got cold feet escape of; (three) illegal grilled mouth burst its banks or opening of; (four) misappropriated, and theft, and corruption flood or relief of money or material of; (five) hinder flood command institutions staff law implementation positions of; (six) theft, and damage or damage dike, and revetment, and gate dam, water engineering buildings and flood engineering facilities and hydrological monitoring, and measurement facilities, and meteorological forecast facilities, and River geological monitoring facilities, and communications lighting facilities of; (seven) other against flood rescue work of.  Dam and reservoir safety management in the 44th in violation of, and in accordance with the People's Republic of China regulations on River and dam safety management and the relevant provisions of the Ordinance.

Article 45th flood disaster of making false statements on or concealing, or falsifying or tampering with flood statistics in accordance with the People's Republic of China related provisions of the Statistics Act and its implementing rules. 46th on an administrative punishment is dissatisfied, he can be from the date of receipt of the notification in the 15th, made the decision at the next higher level for reconsideration; is not satisfied with the reconsideration decision, in 15th after receiving the reconsideration decision within the Court.  
Or from the date of receipt of the notification by the parties in the 15th, directly to a people's Court.
If no application for reconsideration by the parties to a lawsuit, nor performs the decision on punishment, made the decision to apply to the people's Court for compulsory execution; in the flood season, and could make a decision by authorities to enforce; not satisfied with the administrative penalties for public security, in accordance with the People's Republic of China public security administration punishment regulations shall be followed.   
During the period of reconsideration or litigation the parties and do not stop execution of the decision on administrative penalty.
Eighth chapter supplementary articles article 47th Governments of provinces, autonomous regions and municipalities, according to the provisions of this regulation, combined with the actual situation of the region, formulate rules for its implementation.
48th article of the Ordinance is explained by the water conservancy Administrative Department. 49th article of the regulations as of the date of promulgation.

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