Emergency Essentials Emergency Management Interim Measures

Original Language Title: 突发事件生活必需品应急管理暂行办法

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(November 3, 2003 Commerce makes 2003 7th, announced) first chapter General first article to effective monitoring, and timely control and elimination life necessities market exception fluctuations, meet residents daily basic life needs, maintenance normal of social order, promote socialist market continued stable health development, according to People's Republic of China infectious diseases control method, and People's Republic of China defense method, and People's Republic of China price method, and People's Republic of China earthquake mitigation method and
    Public health regulations and other laws and regulations of the relevant provisions of these measures.
    Second article this approach by said life necessities market exception fluctuations (following referred to market exception fluctuations), is refers to for suddenly occurred of serious natural disasters, and public health event, and war, and terrorist attacks or other event, caused meat, and vegetables, and egg, and dairy, and side pin tea and health clean supplies, life necessities supply and demand relationship mutation, in larger range within caused snapped up, led to price exception fluctuations or commodity stock of State.
    Abnormal fluctuations in the market provided for in article this way is divided into two levels: level refers to the country or across provinces, autonomous regions and municipalities directly under the abnormal fluctuations of the market; second level refers to a province, autonomous region, municipality or a separately listed cities, capital cities of the wider market abnormal fluctuation.
    Article fourth abnormal fluctuation of market response, should implement the unified leadership and graded responsibility, plans, scientific monitoring, timely response and disposal effective principles.
    Fifth Ministry of Commerce is responsible for the national emergency management market abnormal fluctuation of unified leadership and was established by the Minister to act as Commander and served as Deputy Commander, Vice Minister in charge of the Ministry of Commerce to market fluctuations command.
    Provinces, autonomous regions, municipalities, separately listed cities, capital cities and the people's Government (hereinafter "capital cities and the local people's Governments at or above"), Department of business administration, set up by the Chief as a commander and in charge of the head as Deputy Commander in response to market fluctuations command, is responsible for leading, directing the emergency management within the administrative area of abnormal fluctuations in the market.
    Sixth provincial capital of local people's Governments at or above the commercial administrative department shall establish a strict market abnormal fluctuation of prevention and emergency response system, and effectively discharge their responsibilities, build and strengthen market abnormal fluctuation of the exchange of information and regional cooperation, and ensure normal market abnormal fluctuation of emergency work.
    Article seventh capital cities and the local people's Governments at and above Department of business administration, should be organized to prevent abnormal fluctuations in the market related research, establish a sound market abnormal fluctuation monitoring system and emergency measures and means, and to ensure funding.
    Eighth provincial capital of local people's Governments at and above Department of business administration, should contribute to attend the market abnormal fluctuation of emergency units and personnel, recognition and rewards.
    Chapter II emergency preparedness article Nineth Department of Commerce national and across provinces, autonomous regions and municipalities directly under the emergency response plan for market fluctuations.
    Competent administrative departments of local people's Governments at or above the business, the provincial capital, according to country and across provinces, autonomous regions and municipalities directly under the emergency response plan for market fluctuations, in conjunction with relevant departments, combined with local conditions, respective regional emergency response plan for market fluctuations, and report to the Department of Commerce records.
    Tenth Article market exception fluctuations emergency plans should including following main content: (a) should market exception fluctuations command of composition, and the related sector of specific duties and Division; (ii) market daily monitoring institutions of run, monitoring data of integrated evaluation, and warning standard and the market exception fluctuations of report, and informed system; (three) should market exception fluctuations of specific program and the intends take of measures, as regional transfers, and commodity reserves, and organization imports, and procurement and the Organization emergency transportation, means;
    (D) abnormal fluctuations in the market necessities of life put on the network, (v) related work, such as doing propaganda work and reassuring, strengthening market supervision, to rectify and standardize the market order protection emergency plan to implement concrete measures, such as (vi) duty system to respond to market fluctuations, and contact information.
    11th market abnormal fluctuation contingency plans should be based on market changes and implement timely revisions, problems found in supplements.
    12th local people's Governments at or above the city, the capital and commercial administrative departments should enhance awareness and capacity to respond to market fluctuations, and prevent the occurrence of abnormal fluctuations in the market.
    13th provincial capital of local people's Governments at or above the commercial administrative department shall be according to the requirements of emergency response plan for market fluctuations, emergency facilities, equipment, supplies and other materiel reserves.
    14th should be perfect for large wholesale and retail enterprises as the main body of emergency facilities, equipment, supplies and other materials put on the Internet.
    Chapter III monitoring and warning 15th Ministry of Commerce is responsible for the establishment of a unified national urban necessities live market abnormal fluctuation monitoring and early warning systems.
    Capital cities and the local people's Governments at and above Department of business administration, should make use of modern information technology, according to the local conditions, establish and perfect the administrative abnormal fluctuation of market monitoring and early-warning systems, regularly carry out market research, timely marketing total demand and total supply (inventory, local production capacity, procurement capacity in the field) and sales and price changes.
    Included in the national market abnormal fluctuation monitoring range of different retail distribution companies, abnormal fluctuation monitoring and early-warning systems should be linked to the national market, and requires timely, accurate and complete and submit the relevant statistical information.
    16th Ministry of Commerce according to the national economic development and changes of residents ' consumption demand, is responsible for determining and adjusting the necessities that need monitoring.
    Capital cities and the local people's Governments at or above the commercial administrative department in accordance with Department of Commerce requirements is monitored on the basis of, according to consumer reality on the ground, increasing need to monitor the necessities of varieties, and report to the Department of Commerce records. Article 17th monitoring and early-warning mechanism should be based on the category abnormal fluctuations in the market, scientific analysis and integrated evaluation of monitoring data, the market operation.
    For early detection of potential risks, and market fluctuations that may occur should be in accordance with the reporting procedures and time frames for reports in a timely manner as provided herein. 18th Ministry of Commerce is responsible for market abnormal fluctuation warning was issued.
    Issued a red alert warning level fluctuations; secondary fluctuations issued a yellow warning alert.
    The fourth chapter reports and information published 19th report of the Ministry of Commerce is responsible for market fluctuations of the national emergency system and market fluctuation information reporting system.
    Has following case one of of, capital city above government business administrative competent sector, should in received report 2 hours within, to Commerce report: (a) occurred flood, and drought, and earthquake, serious natural disasters, caused market exception fluctuations of; (ii) occurred group disease, and major food poisoning, public health event, raised public panic, caused market exception fluctuations of; (three) war, and terrorist attacks, raised public panic, caused market exception fluctuations of; (four) other raised market exception fluctuations of situation.
    Article 20th large wholesale and retail enterprises and other units found the circumstances as provided in article 19th, shall report to the local people's Government departments of business administration within 1 hour; received a report of the Department of business administration shall, within 2 hours of the people's Governments at the corresponding level report, report of the Department of business administration and at the higher level people's Government.
    Article 21st reported market abnormal fluctuation of business Administrative Department of the local people and reported in accordance with this approach, shall immediately organize the investigation report verified, confirmed, to take the necessary control measures and report in a timely manner to investigate the situation.
    22nd Ministry of Commerce for a primary or secondary market abnormal fluctuation, it shall immediately report to the State Council, in time to inform the relevant departments under the State Council and relevant departments of the army, and to the national or relevant competent administrative departments of people's Governments above provincial capital business.
    23rd no units and individuals to market fluctuations, not withholding or delaying report false or incite others to conceal, and delaying the report false.
    24th the Ministry of Commerce is responsible for the establishment of a national market abnormal fluctuation information release system, is responsible for the issue to the Community national market abnormal fluctuation information. Capital city people's Government above the Department of business administration, issue to the Community market abnormal fluctuation information contained within their respective administrative areas.
    Information should be timely, accurate and comprehensive.
    Fifth chapter emergency 25th market abnormal fluctuation occurs, capital city people's Government above the Department of business administration market abnormal fluctuation should be integrated assessment, preliminary judgment type of abnormal fluctuations in the market, whether the proposed recommendation of the emergency response plan for market fluctuations.
    Article 26th issued a yellow warning alert, started more than capital city emergency plan, activate contingency plans prepared in the country; issued a red warning alert, launch a national emergency response plan for market fluctuations. 27th nationally or across provinces, autonomous regions and municipalities within the national emergency response plan for market fluctuations, implemented by the Ministry of Commerce reported to the State Council for approval. Provinces, autonomous regions and municipalities directly under the start a provincial emergency response plan for market fluctuations, should be reported to the approval of the people's Governments of provinces, autonomous regions and municipalities to implement, and report to the Department of Commerce.
    Separately listed cities, capital cities launched local emergency response plan for market fluctuations, should be reported to the local people's Government, and to the report of the Department of business administration of provinces, autonomous regions and municipalities, should also be reported to the Ministry of Commerce.
    28th emergency start, capital cities and the local people's Governments at or above the commercial administrative department shall be according to the actual conditions of abnormal fluctuations in the market, make emergency preparations, to take the necessary emergency measures. Article 29th market abnormal fluctuation after the competent administrative departments of local people's Governments at all levels of business, shall coordinate with the relevant departments ensure the necessities required for emergency treatment of production and transportation.

    Article 30th market abnormal fluctuation occurs, headquarters to deal with the exceptional market volatility should urge enterprises in close cooperation with producers, suppliers, and actively organize supply, maintain a reasonable business inventories to guarantee market supply, not shoddy, hoarding and price-gouging.
    31st market abnormal fluctuation occurs, commercial administrative departments to inform the departments of commercial administration in the surrounding area, and establishing assistance mechanisms for transfers of goods around.
    Article 32nd market abnormal fluctuation occurs, use the central reserve supplies as needed, by the relevant functional departments of the provinces, autonomous regions and municipalities, according to the procedure applying to the relevant functional departments of the State Council.
    Article 33rd when domestic production of necessities is insufficient, Department of business administration of provinces, autonomous regions and municipalities reported to the Ministry of Commerce, quickly organize imports. 34th according to market fluctuations of emergency needs, local commercial administrative departments at all levels in conjunction with relevant departments reported to the people's Governments at the corresponding level for approval, right to the consolidated emergency mobilization of supplies, transportation, and related facilities, and should be based on market abnormal fluctuation prior to compensate at reasonable prices. Relevant units and individuals shall cooperate, may not be refused for any reason.
    When necessary in key areas for food and other basic necessities to implement uniform quantitative sales, distribution and to guarantee people's basic needs.
    35th market abnormal fluctuation occurs, local commercial administrative departments at all levels should do the collection and reporting of information, to inform the Community market supply and demand and consumption-related knowledge, and correctly guide consumption.
    Supervision and administration of the sixth chapter 36th Commerce on the national market abnormal fluctuation of emergency response work inspectors and guidance, local people's Governments at various levels shall cooperate with the competent administrative Department of Commerce.
    Local departments of commercial administration above the capital city market abnormal fluctuation within the administrative area of emergency response work inspectorate and guidance.
    37th article of Commerce of provinces, autonomous regions, municipalities, and should be separately listed cities, capital cities and the abnormal fluctuations of the market checks the contingency plans developed and implemented. Article 38th provincial city departments of commercial administration above market abnormal fluctuation of the reporting system should be established. Any unit and individual have the right to report to the Department of business administration market abnormal fluctuation risks, right to report fail to fulfil market abnormal fluctuation emergency response duties, or does not perform their duties in accordance with the provisions of the conditions. Reports and reporting Department of business administration, shall immediately organize the market fluctuation risks, failure to comply or does not comply with the requirements to fulfil market abnormal fluctuation to investigate emergency response duties.
    Report to the Department of Commerce to establish a national market abnormal fluctuation system, announced the unification of abnormal fluctuation of market reports, telephone hotlines.
    Active units and individuals to report abnormal market fluctuations and should be rewarded. Seventh chapter penalty is 39th article capital city above place Government business administrative competent sector has following behavior one of of, by superior government business administrative competent sector ordered corrected, informed criticism, give warning, on its main head recommends units law give downgraded or dismissed of administrative sanctions; caused serious against consequences of, recommends law give fired of administrative sanctions; constitute crime of, drew attention to the judicial organ law held criminal: (a) not according to provides perform report duties, hide, and sustained reported, and Lied about or inspired others hide, and sustained reported, and lied about market exception fluctuations of; (ii) not according to provides completed market exception fluctuations emergency processing by need of facilities, and equipment and commodity, material of supply and reserves of; (three) not according to provides perform market monitoring duties of; (four) not according to provides timely take control measures of; (five) in emergency disposal work in the negligence, dereliction of, and malfeasance of; (six) on superior government business administrative competent sector of Inspector, and guide not tie, or take other way hinder, and
    Interference. 40th article life necessities sales and transportation units and personnel has following behavior one of of, by County above place Government about competent sector according to plot, law ordered corrected, and confiscated illegal proceeds, and fine, and warning; caused serious against consequences, constitute crime of, drew attention to the judicial organ law held criminal: (a) not according to provides perform market exception fluctuations report duties, hide, and sustained reported or lied about of; (ii) not according to provides submitted monitoring information of; (three) purchased into, and
    Sales of fake and shoddy goods and hoarding, price-gouging and (iv) failing to promptly take measures to prevent and control such as supply organizations; (v) refused to subject to the disposal of the Department of business administration (vi) refuse or obstruct or don't cooperate with investigations, data collection and supervision and inspection.
    Eighth chapter supplementary articles article 41st explain these measures by the Ministry of Commerce.
                                                                                                          42nd these measures come into force on the date of promulgation.

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