Interim Measures For The Disaster Accountability In Gansu Province

Original Language Title: 甘肃省防灾减灾责任追究暂行办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201212/20121200379323.shtml

Interim measures for the disaster accountability in Gansu province (September 4, 2012 Gansu Province Government 113th times Executive Conference considered through September 6, 2012 Gansu Province Government makes 91st, announced since announced of day up purposes) first article for strengthened levels Government and sector disaster mitigation subject responsibility, serious processing disaster mitigation work in the of dereliction of malfeasance behavior, ensure disaster mitigation responsibility implementation, according to People's Republic of China administrative monitored method, and People's Republic of China burst event should method, and People's Republic of China civil servants method

    And other relevant laws and regulations, combined with the facts of the province, these measures are formulated.

    Second people's Governments above the county level and their departments, and listed on the staff of the people's Governments and their departments have the responsibility of disaster, does not meet, does not comply in a timely manner or incorrect implementation of disaster prevention preparation, monitoring and early warning, emergency response and rescue disposal responsibilities, need to be held accountable, these measures shall apply.

    Article on disaster prevention and reduction to implement accountability, should stick to the objective and in line with, the principle of combination of punishment and education, law and order.

    Fourth above the county level people's Government or the supervisory authorities in accordance with administrative privileges on disaster prevention and the implementation of responsibility. Article fifth after disaster incidents, with unified leadership of disaster responsibilities at all levels of people's Governments and their departments shall, in accordance with the relevant regulations, timely identification of the causes and course of the incidents, and corrective actions.

    Accountability is required, in accordance with these measures in time to start accountability process submitted to the relevant authorities or accountability.

Article sixth of disaster preparedness in the following circumstances, should be held accountable:

(A) no development, updating disaster contingency plans, or not in accordance with the emergency plan for disaster prevention and mitigation requires a sound organization and command system and the responsibility system, the prevention and early warning mechanisms, contingency response, and response mechanisms;

(B) no reasonable determination in the construction of urban and rural planning and emergency shelters, and arrangements for disaster prevention and reduction of the necessary infrastructure and equipment;

(C) does not provide for the establishment of a sound emergency response teams, emergency reserve management system is called;

(D) not to disaster-prone mountains, major rivers River dams, reservoirs, flood control channels, dangerous sections of bridges and tunnels, tailings and other hazards, making an inventory of hazardous areas, risk assessment, inspection control, taking safety precautions and timely renovation;

(E) failure to establish disaster prevention information system;

(Vi) failure to alarm and emergency rescue equipment, facilities maintenance, detect the work;

    (VII) failure to organize the relevant departments and personnel to disaster awareness, emergency drills, professional training.

Article seventh in disaster monitoring and early warning in one of the following circumstances, should be held accountable:

(A) inform the failure to consult the collections storage, analysis, transmission of disaster-related information;

(B) late, conceal, misrepresented, omitted relevant information, or communications, submitted and published false information;

(C) the current technical conditions can be early warning of disasters, failure to issue timely alerts, to take early warning measures, collaborative rapid response by the departments concerned;

    (D) developments under adjust the warning levels and publish it again and report in a timely manner.

Article eighth of disaster emergency response in the following circumstances, should be held accountable:

(A) did not initiate a relevant contingency plans and emergency response, the timely implementation of appropriate monitoring, verification linkage, communication, coordination and control measures of protection;

    (B) not to the higher level people's Governments and their departments to harmonization efforts relating to disaster emergency response leadership, direction and coordination.

Nineth in disaster emergency rescue in dealing with one of the following circumstances, should be held accountable:

(A) failing to organizations to carry out emergency rescue work, take necessary emergency measures, or improper for subjective reasons, leading to secondary, derivative disaster;

(B) failing to organize live aid, self-help through production, rehabilitation and other rehabilitation work, resulting in serious consequences or impact;

(C) due to improper handling, or absent without leave, and an evasion of responsibility, causing heavy casualties and property losses could have been avoided, or increase the casualties and property losses;

(D) not implemented corrective actions or fraud, negative response, causing serious consequences or impact;

(E) is not paid in a timely manner, the granting of relief funds, materials, resulting in serious consequences or impact;

    (F) intercept or appropriate or misappropriated, privately divide or disguised cases of unauthorized partition of emergency relief funds, materials or poor management of emergency relief funds, materials, waste caused serious damage or adverse effects.

    Tenth other fails to perform, not perform or not properly carry out their duties in a timely manner, the disaster prevention and relief work, cause heavy losses or adverse effects, should be held accountable. 11th under any of the provisions of these measures of accountability, according to the instructions, instructions of higher authority or the Government and demands, opinions, suggestions of the national people's Congress and people's political consultative conference, visited institutions, monitor, audit finds problems in the work, report or charge against the citizens, legal persons or other organizations, Governments or organs can initiate investigation procedures for assigning responsibility.

    After the investigation is completed, need to be held accountable, according to the cadre management authority responsibility determinations or recommendations accountability.

    12th for assigning responsibility for the implementation of disaster prevention and mitigation, should be in accordance with the general public emergency contingency plan in Gansu province and the emergency response plan for natural disaster relief in Gansu province and the comprehensive disaster prevention system in Gansu province and related specific emergency responsibilities, management responsibilities, and personal responsibility, accurate definition of responsibilities, to distinguish between collective responsibility and individual responsibility, leadership and direct responsibility.

13th people's Governments and their departments at all levels in violation of the rules, does not perform, not perform or not properly carry out their duties in a timely manner, by the superior and agency of the Government or the supervisory authorities in accordance with the permission shall be ordered to correct. Staff with disaster prevention and mitigation responsibilities, with the methods listed in the sixth through tenth, the directly responsible person in charge and other direct liable persons, given a warning or demerit; if the heavier, given a demerit or demoted in serious cases, dismissed or expelled. Leaders in the above, according to the circumstances, can be merged using the written examination, criticism, removed from jobs, order the public apology and suspended, resign, ordered to resignation, removal from Office.

    A suspected crime, transferred to the judicial organs according to law.

14th administrative organs and their staff by the responsibility to cancel that year's annual assessment evaluation and selection of advanced qualifications.

    Resign, ordered to resign or removal of cadres, a year back in with the original positions of leadership positions after one year back in with the original positions of leadership positions, except it should be in accordance with the permission and approval procedures of cadre management, should also seek the views of upper-level people's Governments and relevant departments, and the public.

    15th in disaster prevention and reduction in liability investigations, to thwart interference with investigations, hide the truth, fighting, revenge, against prosecutors, complainants, complainants, witnesses and other persons, can be brought to the appointment and removal to suspend their duties and responsibilities shall be affixed.

16th in the disaster, one of the following circumstances, be given a lighter or mitigated punishment or be exempted from accountability:

(A) active duty, urgent but due to the changes in the objective conditions and circumstances, it is difficult to accurately determine and mismanaged;

(B) after the mismanaged, and proactively taking measures to effectively reduce the loss of life or damage to property and to restore the social impact;

    (C) cooperate with the investigation, took responsibility, and corrective action achieved significant results.

    17th supervisory organs should strengthen supervision and inspection of disaster prevention and reduction liability found should be investigated without accountability or responsibility is not fulfilled issues should urge the departments concerned to be corrected in a timely manner.

    18th Township people's Governments and neighborhood offices and their staff for assigning responsibility for disaster prevention and mitigation, in accordance with the measures implemented. 19th article this way as of the date of promulgation.