Emergency Essentials, Nanjing Acquisition Approach

Original Language Title: 南京市应对突发事件生活必需品征用办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369148.shtml

Emergency essentials, Nanjing acquisition approach

    (December 30, 2011, Nanjing municipal people's Government, the 62nd Executive meeting January 10, 2012 Nanjing municipal people's Government order No. 283, published since March 1, 2012) first in order to regulate the Government's response to the emergency use and improve emergency rescue capabilities, contain and minimize harm, maintain social stability, according to the People's Republic of China emergency response Act and other laws and regulations, combined with the city's actual, these measures are formulated. Second response to emergencies within the administrative area of the city and the necessities of reserves, expropriation, compensation and management, application of this approach.

    Except as otherwise provided by laws and regulations. 

    Third emergency necessities in these measures (hereinafter referred to as necessities), including cereals, vegetables, meat, eggs, dairy products, sugar, salt, water and hygiene products and other daily necessities. 

Fourth city, County (district) people's Government in response to the emergency, according to law to requisition the necessities of society. Department of business administration, is responsible for organizing the city's emergency use for necessities.

The County (district), Department of business administration is responsible for organizing Essentials emergency acquisition work within the area.

    Agriculture, transportation and public security Administrative Department in accordance with the Division of responsibilities, emergency expropriation-related necessities.

Article fifth emergency management necessities follow prevention and overall arrangement and rational principles of compensation. Necessities emergency expropriation measures should unexpected events may cause harm to the society adapt to the nature, extent and scope.

    When there is a choice of a variety of measures, should choose the maximum measures to protect the interests of expropriated.

    Article sixth expropriation shall cooperate with the city and County (district) necessities of the Government and departments concerned to implement the emergency acquisition work, perform emergency expropriation obligations.

Seventh to encourage and guide the communities, with family moderate basic necessities.

    Encourage citizens, legal persons and other organizations for the emergency response to provide material, financial and technical support.

    Eighth emergency administrative departments should strengthen the necessities of Commerce requisition information and training to enhance public awareness of social responsibility involved in the emergency, citizens, legal persons and other organizations to play roles in emergency.

    Nineth necessities emergency acquisition made outstanding contributions to the work units and individuals, by the city and County (district) people's Government, and recognize and reward departments of business administration.

    Tenth Department of business administration responsible for the development, publication list of necessities, and according to changes in demand for economic and social development and people's living conditions adjusted.

11th city, County (district) people's Government the establishment of necessaries of daily reserve system.

    Competent administrative departments are responsible for establishing necessity for business database, updated on a regular basis.

12th commercial administration authorities according to the region, supplies and necessities reserves situation, determine the emergency acquisition of key enterprises and signed an agreement to guarantee the supply of necessities when unexpected events occur. Reserve necessities of the enterprise by the Administrative Department of Commerce grant.

    Enterprises should ensure that its reserves of necessities of life with normal use.

13th Department of business administration to develop emergency acquisition scheme for emergency necessities.

    Key enterprises shall, in accordance with the emergency departments and emergency expropriation expropriation plan, draw up specific emergency plans and measures, and emergency drills are regularly organized. 

14th emergency acquisition programme was launched after its implementation, Department of business administration is responsible for organizing coordinated, comprehensive emergency response use.

Agricultural Administration Department with the expropriation of the Department of business administration of agricultural work.

Transport Administration Department is responsible for the necessities of transport scheduling work.

Public security organs shall be responsible for law and order maintenance.

    Other related work, the Department designated by the municipal people's Government is responsible for the implementation. 15th financial necessities departments responsibility for arranging the expropriation work and expropriation compensation for necessities of life funds.

Necessities of life after expropriation mechanism, the financial sector should be allocated compensation funds in a timely manner.

    Audit, financial and supervisory departments according to law to requisition the necessities of monitoring implementation and compensation funds.

16th after an emergency, need to requisition the necessities of life, by the city and County (district) people's Government make an acquisition decision, Department of business administration is responsible for implementation. Department of business administration to the expropriation decision by requisitioning units serve a written response.

    Emergency written decision on expropriation shall contain the expropriation and requisition period, expropriation, requisition, requisition law enforcement officers, and requisition the necessities of life, such as name, type. 17th decision report of emergency use of emergency requisition list.

    Emergency use two copies of the list and confiscation each party holds one copy.

    Article 18th after the expropriation decisions by requisitioning units received emergency should immediately cooperate with Department of business administration expropriated the necessities delivered to a designated location on time.

    Necessities of the 19th was requisitioned by the city, County (district) people's Government or by the designated authority to manage and dispatch and emergency use signs posted or suspended the Government.

    Necessities of the 20th were expropriated after use or after the end of the emergency, Department of business administration and timely summary usage notice requisitioning units emergency expropriation decision, emergency settlement or return formalities requisition list. Article 21st necessities emergency compensation in the form of cash compensation, restitution, or other forms of compensation. Specific compensation for expropriation of the Department of business administration and consultation.

    Different forms of compensation, the compensation value should be. 22nd expropriated the necessities of life, already consumption or use, in accordance with the expropriation compensation prices when.

    No consumption or use, does not affect the sale, return the expropriated or purchased by the Department of business administration.

    Article 23rd since completing the Business Administration Department within 30 working days from the date of settlement, was requisitioned compensation unit.

    Article 24th expropriated objects to the amount of compensation shall have corresponding qualifications assessment agency, Department of business administration in accordance with the assessment results the implementation of compensation.

    25th article is fake and shoddy goods as an emergency by requisitioning units to provide requisition the necessities and administrative penalties in accordance with the provisions of relevant laws and regulations; cause personal or property damage to others shall bear civil liability constitutes a crime, criminal responsibility shall be investigated according to law.

    Article 26th necessities emergency requisition management departments and their staff, dereliction of duty, abuse of authority or engages in the mission, penalties constitute a crime, criminal responsibility shall be investigated according to law. 27th article this way come into force on March 1, 2012.