Hubei Province, Emergency Response

Original Language Title: 湖北省突发事件应对办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399411.shtml

Hubei Province, emergency response

    (January 6, 2014, Hubei provincial people's Government Executive meeting January 10, 2014, Hubei provincial people's Government order No. 367, published since March 1, 2014) directory

Chapter I General provisions

Chapter II prevention and emergency preparedness

Chapter III monitoring and early-warning

Fourth chapter of emergency response and rescue

Restoration and reconstruction of the fifth chapter

The sixth chapter legal liability

    The seventh chapter by-laws

    Chapter I General provisions

    First article to prevention and reduced burst event of occurred, control, and reduce and elimination burst event caused of serious social against, improve disposal burst event of capacity, effective should various burst event, protection people life property security, maintenance national security, and public security, and environment security and social order, according to People's Republic of China burst event should method, legal, and regulations, combined this province actual, developed this approach.

Second article this regulation is applicable in the province within the administrative area of emergency prevention and emergency preparedness, monitoring and early warning, emergency response and relief, recovery and reconstruction activities.

    Incidents mentioned in these measures refers to sudden, cause or may cause serious harm to society, of the need to take emergency measures in response to natural disasters, accidents, public health incidents and social safety incidents.

Article III emergency response works adhere to people-oriented, the principle of putting prevention first and combining prevention and emergency unified leadership, overall coordination, classification management, consisting mainly of classification is responsible for territorial management of emergency management.

    Emergency response exercise executive leadership responsibility and accountability, government management and performance evaluation of leading cadres.

Fourth County level people's Government is responsible for emergency response work within their respective administrative areas, involving more than two administrative regions, the relevant administrative level above the common people's Government is responsible for, or by the relevant level of Government is responsible for the administrative area.

Relevant departments of the people's Governments above the county level and in accordance with the laws, rules, regulations and emergency plans, guide and coordinate the lower level people's Governments and relevant departments, agencies make emergency response work.

The township (town) people, neighborhood offices well done according to law within the administrative area of the emergency information reporting, early treatment response.

    Citizens, legal persons and other organizations shall fulfill its statutory obligations to cooperate and support emergency response. Fifth people's Governments above the county level to establish emergency management committee, chaired by the head of the people's Governments at the corresponding level key, Director.

Emergency Management Committee under the Office of emergency management, Emergency Management Office of their day-to-day work.

    The township (town) people's Government, the neighborhood offices, and enterprises and institutions directly related to public safety should be explicitly assumed responsibility for emergency management agencies staffed with full-time or part-time staff for emergency management.

Sixth people's Governments above the county level shall organize the preparation of emergency system construction plan, and their integration into national economic and social development plan. Incorporate the requirements for emergency response budgets, and commensurate with the level of local economic and social development.

    Financial reserve funds at all levels should give priority to ensuring the emergency needs.

    Seventh people's Governments above the county level should establish emergency response professionals, establishing expert advisory system for emergency response to provide analytical assessments and decision-making and consultation.

    Eighth people's Governments above the county level shall establish and improve the emergency response mechanism, strengthen emergency management cooperation between the Committee members and regional cooperation with neighboring areas, information and resource sharing, improve emergency response capabilities.

    Chapter II prevention and emergency preparedness

Nineth people's Governments above the county level shall develop emergency master plan and specific contingency plans, departments should develop emergency response plan for emergency departments.

The township (town) people's Government, the neighborhood offices, enterprises and institutions and the village (neighborhood) committees, schools, kindergartens and other mobility-intensive place, should be based on the actual situation, to develop emergency plans.

Rallies, celebrations, exhibitions, theatrical performances, sports events, such as large-scale mass activities and organizer of the large-scale religious activities as well as management of establishments, safety and security should develop contingency plans.

    Rivers, bridges, tunnels, dams, subways, airports, highways, passenger (cargo) transport hub units in charge of important places, such as, should be practical to develop emergency plans. Tenth emergency plan developed by the people's Governments at all levels should be reported to people's Governments at a higher level for the record.

    Relevant departments of the people's Governments above the county level to develop contingency plans, should be reported to people's Governments or authorities at a higher level for the record. 11th people's Governments above the county level shall strengthen the management of the implementation of the emergency plan.

    Emergency planning an assessment every 3 years, and according to the developments and changes, timely adjustment and improvement.

12th emergency unit shall establish a system of emergency preparedness drills.

Before the large-scale mass activities and major religious events, unit of the emergency plans should at least conduct a comprehensive practice emergency drills.

People's Governments of disaster-prone areas and departments and other relevant organizations should be based on the hazard characteristics, selected focus areas, at least once a year within the disaster area units and the masses to participate in emergency and rescue mutually walkthrough and often organized flood, earthquake, fire, forest fire, safety and emergency drills.

    School kindergarten organized emergency drills at least once per semester.

13th urban and rural planning should be consistent with, and respond to emergencies prevention needs, plan the infrastructure necessary to respond to emergencies.

Existing buildings and structures, and other facilities and equipment that does not meet the needs of emergency response, the local people's Governments and relevant ownership or management units should take the necessary preventive measures, and to develop rehabilitation programmes, progressive organization.

    The people's Governments above the county level shall scientific planning and reasonable emergency evacuation routes and emergency shelters and to society announcements; according to the needs of public health emergencies, establish or identify places of isolation and observation.

14th of municipal, State, and city of straight pipe, shennongjia forestry district people's Government, likely within their respective administrative areas should be particularly significant, significant incident hazards, hazardous areas survey, registration and risk assessment, establishment of an information database, timely organization check, monitoring, and ordered authorities to take safety precautions.

People's Governments at the county level shall, within their respective administrative areas prone to natural disasters, accidents and public health hazards, hazardous areas survey, registration and risk assessment, establishment of an information database, timely checks, monitoring, and ordered authorities to take safety precautions.

Departments and units concerned shall take security precautions, hazard, the danger zone on a regular basis for risk assessment and troubleshooting.

    Governments should be hazard, dangerous level people's Government on the regional risk of troubleshooting, reporting, and announced to the public in a timely manner according to state regulations.

15th people's Governments above the county level should rely on firefighting team and other specialized forces, building up a comprehensive emergency rescue teams.

Relevant departments of the people's Governments above the county level can be based on the need to establish appropriate full-time or part-time professional emergency rescue teams, and as a complement to comprehensive emergency rescue teams.

    Encourages the establishment of various types of community emergency response teams made up of adult volunteers. 16th emergency rescue team responsible for building the people's Governments above the county level and their departments or units, shall, in accordance with national and industry standards for emergency rescue team equipped with professional instruments, equipment, and safety protection equipment, according to the need for professional emergency rescue (training) base.

    And strengthen the management of emergency rescue teams and training exercises, regular counselling and advice, improve the ability of rescuers and rescue and safety protection, for first responders and hazardous work practitioners take out personal accident insurance.

Article 17th of emergency response work in the people's Governments above the county level shall laws, regulations, emergency and public safety outreach activities, to improve people's awareness of disaster prevention and mitigation and prevention, hedge, self-help, mutual help abilities, play to the citizens, legal persons and other organizations to respond to emergencies.

Kindergarten of the school under the guidance of the education authorities, emergency education into the teaching content, according to the student's age and cognitive ability, emergency education take many forms.

    News media shall conduct emergency prevention and response, rescue and mutual knowledge of public advocacy.

18th the people's Government above the county level in accordance with overall planning, hierarchical accountability, unity principle of provisioning, resource sharing, establishing emergency reserves system, combined with the characteristics of regions, sectors, and reasonable contingency reserve the varieties, specifications, quantities, establish custody, rotation and compensation standards, improve supervision of important emergency supplies, production, storage, transfer and emergency distribution system.

Provincial relevant departments should strengthen and protect special emergency reserves, minority ethnic groups and poverty-stricken areas emergency supplies, establish and perfect with other provinces, autonomous regions and municipalities directly under the coordination mechanism of emergency supplies.

The township (town) people's Government, the streets, the village (neighborhood) committees, schools, kindergartens, enterprises, institutions and individuals, should be addressed in an appropriate manner, reserve basic emergency self-help materials and daily necessities.

    Relevant departments of the people's Governments above the county level shall report the reserve the people's Governments at and higher level people's Government departments and consolidated into the reserve information database, emergency platform for data access at all levels of Government, resource sharing.

    19th the people's Government above the county level and their departments should strengthen emergency public communications capacity-building, perfecting the special emergency communications systems, advanced technology, various means, public and private combined emergency communication network.

    Chapter III monitoring and early-warning 20th Government of the people's Governments above the county level should establish emergency platform, the relevant government departments to establish professional emergency platform.
Government emergency platform and service professional emergency platform based on a unified emergency information reporting system, information report rapid response mechanism for emergencies formed mechanism of collection, analysis and opinion.

People's Governments at all levels should be higher level people's Government submitted to the emergency information in a timely manner.

More than larger after the incident occurred, city, State, and the straight tube, shennongjia forestry district people's Government emergency information in less than 2 hours should be reported to the provincial people's Government, and to inform the relevant municipal people's Government.

    Emergency information sensitivity, classification standard limit not subject to sudden events, should be reported immediately to the province, the people's Government of the people's Government of.

    21st people's Government above the county level and their departments should establish an emergency monitoring system, strengthening of hydrological, meteorological, environmental, seismic and geological disasters, health monitoring, such as construction and maintenance of equipment and facilities, improve the monitoring techniques and tools, improve the level of monitoring. 22nd report of the people's Governments above the county level should establish emergency information system.

Information rapporteurs can engage the news media reporters, Township (town) people's Government, the streets, the village (neighborhood) Committee staff, the township (town) hospital management, enterprise security and school security staff and other personnel.

    Citizens, legal persons or other organizations to learn emergency information shall immediately through channels such as calls to the local people's Governments and relevant competent authorities or other designated professional bodies.

    Article 23rd early warning of emergencies or likelihood of occurrence increases, the people's Governments above the county level should be the appropriate level of warning was issued to the public, decide and announce the region entered a period of early warning, and higher people's Governments and relevant departments to report and, if necessary, can leapfrog report, and to station people's Liberation Army, people's armed police force and the adjacent areas or areas of potential compromise informed the Government of the people.

Emergency warning level in accordance with article 24th of the People's Republic of China emergency response Act determine, through emergency warning information release system of unified release for emergency warning information.

Two-level early warning information by provincial or provincial Department of entrusted; three-tier early warning information by city, State and city of straight pipe, shennongjia forestry district people's Government or the Department of entrusted; four-level warning information issued by the county or its delegate.

Warning information the people's Governments at all levels and relevant departments should be based on developments, in accordance with relevant regulations adjust the warning levels, updated warning information or terminates its warning lifted alerts, and lifting of the measures taken.

    Higher people's Government considered the warning information issued by the people's Governments at lower levels is not appropriate, shall order the lower level people's Governments or even publish information about the warning.

25th people's Governments at various levels and departments concerned after receiving the warning, effective measures shall be taken in accordance with the relevant provisions to do defense work, avoid or mitigate incidents causing or likely to cause damage.

    Enterprises, institutions, social organizations and citizens after receiving the warning, should cooperate with the Government and relevant departments in emergency response work.

    Fourth chapter of emergency response and rescue

Article 26th incident occurred, relevant departments of the people's Governments above the county level and based on contingency plans should be immediately activated emergency response and mobilize emergency rescue teams and social forces, in accordance with the laws, regulations and dispose of the emergency measures as provided herein, control the spread of development or disaster, and higher people's Governments immediately reported. Incident to the County cannot be eliminated or effectively control emergencies caused by serious social harm, should take early measures at the same time, reported to the disposal of government organizations at a higher level.

Special emergency deployment by provincial people's Government, according to the State Department to be disposed of.

Emergency unified leadership and organization by the superior Government disposed of, to make people's Governments shall advance disposal and assist in the rehabilitation work.

    In accordance with the principle of territorial management, the Central enterprises, provincial enterprises shall, in accordance with the local people's Government of Hubei Province requires, actively carry out emergency handling and rescue work. Article 27th United leadership or organization people's Governments respond to emergencies should be established under the emergency needs of the field command, sent or the specified field commander (Officer), unified organization, command of emergency rescue work. Field commander (Officer) right to determine site solutions, coordinate relevant departments and units to carry out on-site disposal process, scheduling on-site emergency rescue teams.

    Should obey and cooperate with related departments and units and the public direct.

28th natural disasters, accidents, social security, or public health event occurs, carry out leadership duties of the people's Government under an emergency nature, characteristics and degree of the emergency measures to be taken:

(A) organizing rescue and treat victims, evacuation, evacuation and make appropriate arrangements threatened staff as well as other relief measures;

(B) immediately repair damaged transportation, telecommunications, water supply and drainage, electricity, gas, heat and other public facilities, to compromise provided a place of refuge and necessities, medical care and epidemic prevention and other security measures;

(C) establish and improve coordination of emergency safeguard mechanisms and emergency response mechanism, strengthen cooperation between the Member and same as the adjacent areas or potential emergencies regional cooperation;

(D) according to the nature and characteristics of the event by public security organs, in accordance with relevant laws, regulations, and other relevant regulations of the State, emergency measures were taken;

(E) heavy punishment according to law hoarding and price gouging, making and selling fake disrupted the market order, stable market prices, maintain market order;

    (F) the laws, regulations and rules, as well as other emergency measures deemed necessary by the people's Government. Article 29th was responsible for organizing people's Governments respond to emergencies and, if necessary, can contribute to the units and individuals required to requisition emergency rescue equipment, facilities, premises, vehicles and other materials.

    After the end of the emergency response, relevant Governments and departments should be promptly returned, and in accordance with the relevant provisions of compensation.

30th people's Governments above the county level in accordance with the relevant laws, rules and regulations, establishing and perfecting the emergency information disclosure system and the system of news spokesman.

Carry out leadership duties or organizing people's Governments respond to emergencies, should be in accordance with the permissions set by the State, and accurate and timely dissemination of relevant emergency development and emergency handling of information.

    Any unit or individual shall not make or disseminate emergency and emergency handling of false information.

    Restoration and reconstruction of the fifth chapter

    31st after the end of the emergency response, Governments at all levels shall, in accordance with the principle of Government-led, social participation and market operation, repairs to public facilities, organizations in affected areas as soon as possible to resume production, living, working and social order.

    Article 32nd incident occurred or where the affected people's Governments above the county level shall immediately organize statistics, assessments of the damage caused by the incident, in accordance with the principles of both short-term recovery and long-term development, organize reconstruction plans, organizations providing material, financial, technical, human, and ordered to carry out reconstruction work. 33rd people's Governments above the county level shall, in accordance with relevant regulations of the State, to larger areas affected by emergencies and provide tax breaks, subsidized loans, financial assistance and other policy support and preferential policies.

    On matters requiring administrative examination and approval procedures in the restoration and reconstruction, should simplify procedures, timely handling according to law.

    34th article burst event emergency disposal work end Hou, perform unified led duties or organization disposal burst event of Government, should timely organization about sector and experts survey, and analysis burst event occurred of reasons, and process, on information submitted, and emergency decision and disposal, should work for full objective of analysis assessment, lessons learned lessons, developed improved measures, up level Government made report, and do about information of archive work.

    The sixth chapter legal liability

    35th article violates these rules, laws, regulations, administrative provisions, those provisions.

36th people's Governments at various levels and departments of the people's Governments above the county level in violation of the regulations, any of the following circumstances, monitored by higher administrative authorities or bodies directly responsible to the head of personnel and other persons directly responsible shall be given disciplinary action:

(A) failing to draw up contingency plans, the implementation of contingency plans and drills on emergency management, organization;

(B) failing to investigate the hazards within the administrative areas and hazardous areas registration and dynamic management, periodic inspections and take preventive measures;

(Iii) it fails to provide for the establishment of emergency rescue teams and the Organization of training;

(D) shall be determined in accordance with emergency shelters and announced to the public;

(E) failing to build up stockpiles;

    (Vi) not to citizens, legal persons or other organizations to report emergency information carry out investigation to verify, or not to take the necessary measures.

37th people's Governments at all levels and relevant departments of the people's Governments above the county level in violation of the regulations, fails to perform the statutory duties of, by a higher administrative authority or supervisory organ shall order rectification has one of the following, according to circumstances, the direct responsible person in charge and other direct liable persons shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) refusing or delaying the implementation of the administrative authority or by the decisions and orders of the Executive Body to respond to emergencies;

(B) late, false, false, conceal, fail to report emergency information;

(C) negligence lead to incidents or jeopardize the expansion;

(D) are withheld, misappropriated, privately divide or disguised dividing up emergency funds and materials;

    (E) after the dramatic events of illegal means to distort, cover-up to avoid legal action, or shielding the units and individuals responsible for the incident.

    The seventh chapter by-laws 38th article of the rules take effect on March 1, 2014.