Jiangxi Province Implementing The Regulation On Natural Disaster Relief Measures

Original Language Title: 江西省实施《自然灾害救助条例》办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399276.shtml

Jiangxi province implementing the regulation on natural disaster relief measures

    (June 3, 2014 the 25th Executive meeting of the Jiangxi provincial government announced June 9, 2014, Jiangxi provincial people's Government order No. 212 as of August 1, 2014) first specification for natural disaster relief work and ensure the basic living affected personnel, according to the natural disaster relief regulations of the State Council (hereinafter referred to as the regulations) and the provisions of relevant laws and regulations, combined with the facts of the province, these measures are formulated.

Second, within the administrative region of this province, and natural disaster response preparedness, relief for affected people affected by natural disasters, these measures shall apply.

    Natural disasters in these measures, including droughts, floods, tornadoes, hail, lightning, freezing, snow and other weather disasters, earthquake, landslide, landslide, debris flow, ground subsidence and other geological disasters, such as forest fires and pest.

Third natural disaster relief work at all levels of government executive leadership responsibility. Provincial Committee for disaster reduction for the provincial natural disaster relief emergency coordination agencies, responsible for organizing and coordinating natural disaster relief work in the province, with the National Committee for disaster reduction coordination on major and major natural disasters relief activities. Provincial Civil Affairs Department is responsible for the province's natural disaster relief work, bear the specific work of the provincial Committee for disaster reduction.

Relevant departments of the provincial government in accordance with their respective responsibilities related to the province's natural disaster relief work. City divided into districts, counties (cities and districts) Governments or the integrated natural disaster relief emergency Coordinator is responsible for organizing, coordinating the regional natural disaster relief work. Districts of city and County (city, district) people's Government Civil Affairs Department responsible for the administration of the natural disaster relief work.

Districts of city and County (city, district) people's Government departments concerned in accordance with their respective responsibilities, to do a natural disaster relief work.

    Township people's Governments and neighborhood offices responsible for the administration of natural disaster relief implementation. The fourth people's Governments above the county level shall include natural disaster relief work in the local national economic and social development plan, establish a sound and appropriate funds for natural disaster relief needs, support mechanisms, in accordance with the relevant departments on disaster forecast and actual expenditures for the annual natural disaster relief and other factors, reasonable arrangements for natural disaster relief in the budget funds and assistance funds.

When a major natural disaster occurs, it should be based on actual needs full protection of natural disaster relief funds and work requirements.

The County (city, district) people's Governments shall protect relief work in the affected Township people's Governments and neighborhood offices the necessary funding.

    The people's Government above the county level shall establish a mechanism for rapid natural disaster relief funds allocated to ensure that natural disaster relief funds allocated in place in a timely manner, ensuring the basic living affected personnel.

Fifth, neighborhood committees and rural villagers ' Committee of Red Cross, charity and public foundations and other social organizations, assisted by law the people's Governments of natural disaster relief work.

    Encourage and guide units and individuals involved in natural disaster relief donations, volunteer activities, improve disaster relief donation policy, improve disaster relief donation mobilization, operation, supervision and management mechanism, improving social credibility of disaster relief donations, forming broad participation in disaster relief donation a thick atmosphere of the whole society.

Sixth natural disaster relief items include: disaster emergency relief, transitional living assistance, for disaster damage to housing reconstruction interim hardship relief, drought, winter-spring temporary hardship relief and comfort victims and relatives, and so on. Provincial finance, civil affairs departments shall, in accordance with relevant State regulations, combined with the province's economic and social development level and financial status, development of the province's natural disaster relief project guidelines, and in accordance with economic and social development, financial growth, factors such as the timely adjustment of price changes.

    Districts of city and County (city, district) people's Government shall, in accordance with guidelines, combined with local conditions to develop specific implementation standards.

VII administrative area of people's Governments at various levels shall formulate a comprehensive emergency response plan for natural disaster relief, based on home relief, fire, armed police, militia, reservists, medical and health as the main rescue rescue team, form a unified command, science, scheduling, collaboration, ensuring effective emergency rescue mechanism. Home departments shall regularly organize on disaster prevention, mitigation, disaster response and disaster management training.

    Township people's Governments and sub-district offices and village (neighborhood) Committee on natural disasters should be staffed with full-time or part-time information officer.

Eighth people's Governments above the county level shall establish and improve natural disaster relief emergency command support system, and establish and perfect the natural disaster information sharing platform, improve the level of information technology in natural disaster relief work.

    The people's Government above the county level should be based on natural disaster types, frequency, extent of, and equipped with the necessary emergency vehicles and communications equipment.

Nineth municipal people's Government of the provinces, districts and disaster-prone, prone areas of county-level people's Governments shall, in accordance with reasonable layout, proper principles, establishment of a natural disaster relief material reserves Agency, disaster-prone, prone and inaccessible areas of the Township people's Governments, neighborhood offices according to local conditions to set up disaster relief material reserves.

Civil affairs departments above the county level people's Governments shall, in accordance with the requirements of major natural disasters, rationally determine the scale of disaster relief material reserves, standard, and reserving the necessary emergency supplies. Civil affairs departments above the county level people's Governments shall establish and improve disaster relief material procurement and delivery mechanisms, with relief supplies manufacturers and shopping malls, supermarkets and other supplies vendor supply agreements to ensure that natural disasters have occurred to allocate disaster relief materials.

    Relief goods the supplier shall ensure the quality of supplies, shall be offered counterfeit goods.

Tenth District of city, County (city, district) people's Government shall, in accordance with the characteristics of natural disaster and mitigation needs, area schools, stadiums, parks and squares and other places, plan to set up emergency shelters, and set clearly marked.

    The County (city, district) people's Governments shall strengthen grass-roots community disaster prevention and relief work, undertake a comprehensive disaster-reduction demonstration community activities, organizing community participation in disaster prevention publicity and education activities and emergency response plan for natural disaster relief exercise, improve the ability of community disaster prevention and mitigation.

The 11th calamity, flood, drought, geology, biological hazards, such as natural disasters monitoring and early-warning information, relevant departments shall promptly report to the people's Governments at the corresponding level and comprehensive coordination of natural disaster relief emergency response agencies, and to inform the disaster could happen to people's Government.

    After receiving the natural disaster early warning report, disasters are likely to occur above the county level Governments or the comprehensive coordination of natural disaster relief emergency response agencies should start early-warning response, in accordance with the provisions of the 13th article of the Ordinance adopted early-warning response.

12th natural disasters and achieve the natural disaster relief emergency response starting conditions of above county level people's Government or the Government of comprehensive coordination of natural disaster relief emergency response agencies should start the appropriate level of emergency response in a timely manner, in accordance with the 14th article of the Ordinance provide for emergency response measures, and do the following:

(A) to organize working groups to the affected areas to find out what happened to guide emergency relief work;

(B) coordinate with relevant departments and experts to verify and assess the situation to assess disaster transitional settlement demand, targeted aid measures proposed;

(C) coordinate with relevant government departments in implementing the aid and support measures in the affected areas;

(D) report, notifications, disaster;

(E) provisions of emergency response plan for natural disaster relief work. In the emergency relief during natural disasters, public safety, transportation, railway, civil aviation and other departments and units should ensure the route open to ensure disaster relief personnel, material, equipment, and affected people priority transport and traffic, if necessary, can provide private crossings, traffic control and other measures.

    Need to pass toll road rescue vehicles, approved by the provincial people's Government, exempt from tolls. 13th civil affairs departments above the county level people's Government in accordance with the Ordinance, 23rd to 25th section responsible for allocation, distribution, management, natural disaster relief supplies. Reallocation of provincial Department of civil affairs in charge of supplies. After starting the provincial natural disaster relief emergency response, by the provincial Department of civil affairs under the natural disaster relief emergency or civil affairs departments to apply for the allocation of relief supplies in the disaster area.

    Home departments shall, promptly after the occurrence of natural disasters in the disaster area would be delivered relief supplies to the disaster area. 14th people's Governments above the county level should establish emergency relief supplies procurement mechanisms.

    In the emergency relief phase, the reserve when relief supplies to meet the basic needs of the affected, by the civil affairs departments in the people's Governments at the corresponding level agreed upon to organize emergency relief supplies purchase, event sourcing to the procurement management plan.

After the completion of stage 15th emergency relief, temporary hardship relief before the start of winter and spring, people's Governments in the affected areas should be combined with the local situation, for basic life remains difficult for victims to give a period of transitional living assistance to guarantee their basic living. Transitional living assistance largely because of disaster-free source, free self-help capabilities, as well as houses collapsed or severely damaged victims with no room to live.

Transitional living assistance by County Civil Affairs Department after investigation and verification to determine in the affected areas. People's Governments shall protect the transitional living assistance in the affected areas of food rations, drinking water, clothing, shelter and other basic needs. Victims are encouraged to take relatives, and to build temporary shelter-placement and other means for ensuring security and civil affairs departments above the county level people's Governments shall give appropriate subsidies.

    Placement is difficult, people's Governments in the affected areas through the tents, tarpaulin, prefabricated houses or borrowed housing, sports stadia, temporary transitional settlements concentrated resettlement of affected people. 16th after the danger of natural disasters, people's Governments in the affected areas and manpower to develop disaster-damaged residential reconstruction plans and preferential policy, organize reconstruction or repair disaster damaged residential, rehabilitation is focused on helping families in difficulty.

For disaster damage to housing reconstruction should be adapted to local conditions, scientific planning, economical and practical, reasonable layout, ensure the quality of housing construction in line with disaster prevention and mitigation requirements. Affected area of village (neighborhood) committees, Township people's Government and neighborhood offices shall, within their respective administrative areas because of disaster-damaged residential survey, registration, and step by step and gather the County Civil Affairs Department. County Civil Affairs Department should be completed in the 15th after the danger of natural disasters because of disaster-damaged residential buildings approved work, establish the recovery account.

Provincial, municipal Civil Affairs Department according to the actual situation of the district sent a work team to carry out verification of disaster-damaged residential buildings needed reconstruction.

    The home, the financial sector should be audited to confirm the housing reconstruction grants object subsidies funds and supplies; housing and urban and rural construction land and natural resources, and other relevant departments shall provide the affected people rebuild or repair disaster damaged residential buildings provide the necessary technical support. 17th due to disaster damage to residential rehabilitation grant, by the victims themselves or on the village (neighborhood) group nomination. The village (neighborhood) after the Committee summary and democratic deliberations, to meet the conditions, villages, community-wide publicity on 7th, without objection or opposition is not established, the village (neighborhood) Committee on publicity after the comments and related materials submitted to the Township people's Government and the subdistrict office audit, the County Civil Affairs Department.

County Civil Affairs Department shall accept related materials within 15th of approved work completed.

    County level people's Government subsidy should be approved by the civil affairs departments in towns, streets and village (neighborhood) board seat pinned up publicity, publicity should include: list of subsidy, family, collapsed buildings and area, new housing areas, policies, incentives, subsidies, grants and reconstruction requirements. 18th gradually establish policy housing insurance system for rural residents, encourage and guide disaster-prone, prone areas, rural residents voluntarily insured, give some people the Government subsidies.

    Insurance companies shall regulate insurance claim workflow, improve service quality, ensure that victims receive timely claims.

19th 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. Before the implementation of temporary hardship relief work in winter and spring, the Home Department shall investigate and verify disaster losses that year and affected people's basic condition, self-rescue skills and livelihood difficulties, within the stipulated time limit escalation.

    County Civil Affairs Department in the affected areas should be based on survey analysis and evaluation, introducing the aid register and account 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. 20th due to disaster victims by the Home Department level statistics, assessment, and reporting.

    For close relatives of disaster victims in accordance with the relevant provisions of this province for disaster victims and kinship certificate and proof my ID card and other related materials, to enjoy the relatives of the victims compensation. 21st natural disaster relief funds and goods should be earmarked () special, free to use.

Natural disaster relief funds and goods to use include:

(A) persons affected by disasters emergency transfer placement;

(B) victims of rations, drinking water, clothing, shelter, and other basic living assistance;

(C) public services such as education, health facilities and housing rehabilitation and reconstruction of affected personnel;

(D) disaster medical assistance;

(V) comfort disaster victims and relatives;

(F) the acquisition, storage, handling, transport and recycling of natural disaster relief;

(VII) other uses stipulated by laws, rules and regulations.

    People's Governments in the affected areas of Civil Affairs, the financial sector 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. 22nd issued by the Central Government to the provinces and provincial natural disaster arrangements living subsidies, certified by the provincial Department of civil affairs in disaster on the basis of financing scheme to the provincial Finance Department, submitted to the provincial people's Government allocated after approval. In emergency situations, provincial people's Government, finance, civil affairs departments can set aside the part of the grant funds according to regulations.

City divided into districts, counties (cities and districts) people should be allocated in a timely manner pursuant to the provisions of this class grant funds for natural disaster.

    Provincial civil affairs, fiscal year end of the districts of the city and County (city, district) people's Government to implement the natural living subsidy verification the same level. 23rd their natural disaster grant funds should be adopted "one card (folded)-" the form into the hands of disaster victims.

In the emergency relief phase, the civil affairs departments can aid the actual need, material assistance and cash assistance.

    Villages in the affected areas (c) the Commission shall promptly publish bailouts and bailout money amounts and usage. 24th province people's Government, finance, civil affairs departments should manage the situation on natural disaster relief funds for checks or checks.

For natural disaster relief in the management and use of funds for violation, according to the gauge to hold those responsible accountable according to law.

    Supervision and auditing departments shall, in accordance with the natural disaster relief goods and donations management the use of conducting supervision and inspection, such as finance, civil affairs departments and social organizations concerned should give full collaboration.

The 25th executive staff violate these rules, any of the following circumstances, monitored by appointment and removal or correction shall be given disciplinary actions constitute a crime, criminal liability shall be investigated for their:

(I) late, false, hide the disaster 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) unlawful interference with the natural disaster aid procurement;

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

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

26th aid suppliers, one of the following acts, the relevant departments shall punish constitutes a crime, criminal liability shall be investigated for their:

(A) provision of fake and shoddy goods;

(B) higher than the normal market price quotation profiteering;

    (C) other illegal activities.

27th occurrence of accidents and disasters, public health, social security incidents and other emergencies, need living assistance by civil affairs departments above the county level people's Government, in accordance with the measures implemented.

    Laws and regulations provide otherwise on disaster prevention, mitigation and response, from its provisions. 28th article of the rules take effect on August 1, 2014.