Provisions On Administration Of State Material Reserves

Original Language Title: 国家物资储备管理规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201506/20150600399692.shtml

  For regulating the activities of State reserves, formulation of the provisions on administration of State material reserves, published since June 1, 2015.

Director of the national development and Reform Commission: Mr Xu is the Minister of Finance: Lou Jiwei, April 3, 2015 State reserve regulations chapter I General provisions article regulating the activities of State reserves, protection of State reserves in order to develop and effectively play a role, these provisions are formulated.

State shall set up a materials reserve system and meet the needs of national security and development strategies, service national defence, dealing with unexpected events, participation in macro-control.

Provisions of this article applicable to State reserves management and oversight activities. National reserve stocks in these rules refers to reserves by the Central Government and master, needed for national security and development strategy of key minerals, raw materials, fuel and other supplies for a particular purpose.

Except as otherwise provided.

National reserve is the National Treasury to physical form, ownership by the State, no organization or individual may seize or damage in any way and misappropriation.

Fourth national reserve list of materials management, clear varieties and sizes, regular assessment, dynamic.

Article fifth national reserve stocks of varieties and sizes, the following factors should be considered: (a) national development strategy needs; (b) resources at home and abroad; (c) the supply risk and economic risk and (iv) other factors to be considered. Sixth national development and Reform Commission is responsible for State reserves.

The national development and Reform Commission, State Bureau of material reserve (hereinafter referred to as reserve) and their stocks administration, offices of State material reserves management and oversight responsibilities.

Treasury is responsible for State reserves related to financial management and administrative institution State-owned asset management, with the national development and Reform Commission national reserve-related work.

Chapter II national reserve material storage, use, rotation seventh national development and Reform Commission, in conjunction with the Ministry of finance and other departments of State reserve development plan submitted to the State Council for approval.

Article eighth reserve set up monitoring and early-warning system for national reserve material storage, used to provide decision support.

Nineth State development and Reform Commission under the State reserve development planning, in conjunction with the annual national reserve of the Ministry of finance and other departments to develop material storage plan, submitted to the State Council for examination and approval.

Reserve, according to the State Council for approval the annual national stock purchase plan implementation.

Article tenth of the following circumstances, reserves use recommendations to the national development and Reform Commission, the Ministry of finance submitted to the State Council for approval: (a) response to particularly serious, major emergencies is really necessary; (b) macro-control is really necessary; (c) stipulated by laws, administrative regulations or the State Council decided to use in other circumstances.

Reserve developed country stock use plan, make use of State reserve materials preparation.

11th national development and Reform Commission, in conjunction with the Ministry of finance national stock rotation mechanism, clear conditions and procedures of rotation.

Reserve in accordance with the rotation mechanism, according to State reserve development plan, the scale of adjustment programmes and storage time, quality, situation, develop annual and long term national stock rotation plan, organize and implement after approval. 12th national reserve material storage, use, rotation, should be carried out by way of marketization.

Countries imposed or approved by the State Council must be a directional shouchu, directed use, directional rotation except.

13th State reserved materials warehouse generally carry out delivery to the library system, a general introduction to the library delivery system.

14th transport sector organizations related to port and shipping, railways, highway transport enterprises to prioritize national stocks of handling and transport. 15th State reserve material storage, rotation schemes should be dovetailed with the Department's budget.

After approved by the Ministry of law, national stock rotation and the use of surplus turned over to the Central Treasury, losses by the central financial subsidy. 16th reserve should be in accordance with chapter store management layout reasonable, economical and convenient, safe and applicable principles, select a storage unit storing national stocks.

Reserve Unit during the custody period on the national stock number, quality and storage safety. National State reserve warehouse stocks generally responsible for custody.

Approved by the national development and Reform Commission, the Ministry of finance, reserve stocks kept national reserve stocks may entrust other bodies.

17th reserve shall, in accordance with relevant laws, administrative regulations, departmental rules, regulatory documents, standards and technical specifications to develop and improve the management system of State exercise effective supervision and management of the stocks, do it accounts consistent.

18th reserve unit shall strictly implement relevant State laws and regulations, standards, regulations and regulatory documents as well as related system established by the reserve, strict implementation of national reserve material storage, library instruction, relevant departments and units to monitor, ensure accurate national stock number, quality, storage security.

19th national reserve stocks management and rotation costs and State reserve warehouse facilities and equipment maintenance costs, law approved by the Ministry in the central budget.

Countries belonging to the central infrastructure investment arrangements materiel reserve infrastructure construction and renovation funds required, in the central infrastructure investment plan.

Article 20th establish purchase of services form new mechanisms for management of national stocks.

21st national stocks or funds shall not be used for security or pay off debts.

Use of State reserve land, storage and other State-owned assets without permission shall not be used for investment, leasing, lending, as well as cooperative ventures.

Fourth chapter security article 22nd State reserve safety security first, prevention first and comprehensive treatment approach.

Reserve shall establish a sound security responsibilities, reporting on important matters such as safety and security system, and is responsible for the national reserve stocks, storage warehouses, and supervise and check the safety.

23rd State reserve warehouse security and implementation of safety production and higher authorities the dual leadership of local governments, in local government-dominated systems, local public security and work safety supervision and management departments of guidance and supervision.

  24th State reserve warehouse is under the unified organization of local governments, active in conjunction with relevant government departments and the surrounding towns, streets, businesses, and public institutions to set up security defense organizations. State reserve warehouse full-time guard forces guarding work should be organized.

Meet the requirements of armed forces internal security duty range State reserve warehouses, an application shall be in accordance with the relevant provisions of the State posted armed police guards.

Reserve shall, in accordance with relevant regulations of the State, the armed forces provide security.

25th national transport should strictly implement relevant regulations of the State of stocks, to ensure transport safety.

  26th reserve according to the safety and security needs and relevant regulations of the State, set the State reserve warehouse protected areas and ranges.

Perimeter security from the State reserve warehouse storage of dangerous goods, shall be determined in accordance with the relevant and reported to local government records, establishment signs.

27th State reserve warehouse and its staff should be in accordance with the security system and specifications to perform duties, ensure the safety of national reserve stocks and warehouses. 28th article any organization and personal shall not engaged in following prejudice national material reserves security of behavior: (a) illegal occupation national material reserves warehouse with to; (ii) theft, and damage, and looting national reserves material; (three) damage national material reserves warehouse and protection, and fire, and power, facilities equipment; (four) damage, and seal blocking national material reserves warehouse road, and railway, and pipeline line, and water; (five) without approved and take necessary protection measures, in national material reserves warehouse security distance within construction, and using fire, and

Demolition, mining, piling up inflammable and explosive dangerous goods; (vi) illegal entry into State reserve warehouse protected areas; (VII) other acts of obstruction of State reserve safety. 29th reserve should be established for emergency warning mechanism, improve the emergency preparedness system and response system.

Reserve warehouses corresponding contingency plans should be developed to implement emergency safeguard measures and exercise regularly.

30th national reserve organizations and individuals shall be in accordance with the relevant provisions of the State, to keep state secrets.

Without approval, against State reserve warehouse area and important facilities and equipment, photography, video, prospecting, surveying, drawing, description and use of relevant information.

Fifth chapter of supervision and inspection article 31st national development and Reform Commission, Ministry of finance or its authorized institution to supervise and inspect the State reserve.

Reserve set up State reserves within the statistical reporting system, supervision and inspection system and will report thereon on a regular basis the national development and Reform Commission, the Ministry of finance.

Article 32nd checks include: national reserve the quantity, quality and storage security, plans implemented and instructions, use of funds, and so on.

33rd reserve unit should be on the national development and Reform Commission, Ministry of finance or its authorized institution supervision and inspection may be required.

No organization or individual may refuse or obstruct or interfere with the supervision and inspection personnel shall carry out supervision and inspection work.

Sixth chapter penalty provisions article 34th one of the violation of the provisions of article 28th, in accordance with the People's Republic of China Law on administrative penalties for public security and other relevant laws and regulations be investigated for responsibility; a suspected crime, law transferred to judicial organs for handling.

35th article bearing storage units violation this provides, has following behavior one of of, in accordance with People's Republic of China administrative punishment method, about legal regulations of provides, by national development reform Board, and Treasury on its for warning, and fine, and ordered its corrected: (a) refused to implementation national reserves material storage, and out library instruction and about management provides of; (ii) without approved, unauthorized use national reserves material or change store locations of; (three) false, and concealed national reserves material number of;
(D) lack of national stocks due to mismanagement, obvious decline in quality; (e) refuse, obstruct or interfere with the inspectors from performing their duties according to law, resulting in serious consequences.

Article 36th all units and individuals in the State reserve in the management and monitoring activities, obtain, retain or misuse, misappropriation of State funds, according to the regulations of the financial illegal activities penalties and regulations investigation.

37th on the administration staff in State reserves management and oversight activities, dereliction of duty, abuse of authority or engages, shall be given administrative sanctions; a suspected crime, law transferred to judicial organs for handling.

Seventh chapter supplementary articles article 38th of these provisions by the national development and Reform Commission, the Ministry of finance is responsible for the interpretation.

39th article of the regulations come into force on June 1, 2015.