Taiyuan Approach To Emergency Requisitioned Materials And Sites

Original Language Title: 太原市应对突发事件应急征用物资、场所办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201007/20100700257693.shtml

Taiyuan approach to emergency requisitioned materials and sites (February 8, 2010 Taiyuan City Government 2nd times Executive Conference considered through March 18, 2010 Taiyuan City Government makes 73rd, announced since May 1, 2010 up purposes) first article for law disposal burst event, specification Government should burst event emergency expropriation material, and places work, improve emergency rescue guarantees capacity, control, and reduce social against, protection people life property security, according to People's Republic of China burst event should method, and People's Republic of China real right method

    And other relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Second incident 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 within the administrative area of the city to respond to emergencies with emergency requisitioning units or individual materials, place of work, these measures shall apply.

    Article fourth emergency requisition materials, places, including units or individuals of all means of transport, engineering machinery, medical and health resources, medicines, medical equipment, food, energy, housing, space and other materials and sites.

    Fifth of municipal people's Government in charge of the city to deal with the emergency acquisition material, work.

    The County (city, district) people's Governments in charge of the response to emergencies within the administrative area requisition materials, workplace.

    Within the relevant government departments in their respective areas of responsibility make the materials, emergency use in places of work.

    Article sixth unit or individual should be subject to the people's Governments at all levels and departments of emergency acquisition decisions, meet emergency use obligations, with the requisition of government emergency measures.

    Article seventh emergency requisition materials, locations, insisted exercise unified leadership, integrated planning, expropriation, easy transportation and ensure the quality and balanced burden, the principle of reasonable compensation.

    Eighth Government commissioned a qualified assessment body responsible for emergency use materials, place before being requisitioned materials, assessment of the site to its original state, the process is supervised by the supervisory departments.

    Nineth units or individual items, place one of the following conditions, no expropriation:

    (A) material aging, old, damaged, do not meet the needs of emergency response;

    (B) construction machinery, transport ownership units or individuals are no longer within their respective administrative areas;

    (C) laws and regulations should not be expropriated.

    Tenth people's Governments and their departments at all levels should be required to do all kinds of emergency supplies, site investigation, established to prepare requisition materials, place files, make requisition of materials, place emergency plans.

    Making requisition of materials, place emergency plan should ensure that the expropriated goods, quantity and quality of sites, taking into account production and by requisitioning units or individuals.

    Department responsible for expropriation shall notify the emergency acquisition plan was involved in requisition materials, places the ownership of units or individuals.

    11th people's Governments and their departments at all levels, should be regularly informed about the inclusion of emergency acquisition plans or materials, use and ownership status of an individual, and updated material, place emergency the expropriation plan. 12th in the emergency acquisition plan materials, sites should have used condition.

    Need scrapping, transfer, ownership units or individuals must be discarded, transferred in the 20th with a valid certificate to the material, places included in the emergency plans of expropriation or the people's Government at the same level the Department report.

    13th after an emergency, you need to use emergency supplies and places, in accordance with the following provisions as requisitioning units responsible for the expropriation by the relevant authorities:

    (A) energy use by the competent authorities and the authorities responsible of the development and reform;

    (B) engineering equipment requisitioned by the city authorities;

    (C) square (ground) of the expropriation by the territorial authorities are responsible for;

    (D) the transport facilities and expropriation by the Department of transportation is responsible for transport;

    (E) the expropriation by the Department of Commerce is responsible for food, drinking water;

    (F) drug, medical equipment acquisition by the drug regulatory authority;

    (VII) the expropriation of health resources by the departments in charge of health;

    (H) the expropriation by the Housing Department is responsible for housing;

    (I) the underground building requisitioned by the departments in charge of civil defence;

    (10) other supplies, site acquisition, related departments designated by the people's Governments at all levels are responsible for. 14th requisition of people's Governments at various levels and sectors to make emergency decisions, should be expropriated to the unit or individual to whom emergency expropriation decision.

    Emergency expropriation decision shall set forth the requisitioning units names, expropriation, requisition, requisition, requisition terms and units or individuals, requisition supplies requisitioned or place name, type, quantity, the relevant technical requirements, and so on. Article 15th emergency requisitioning units or individuals receiving emergency after the expropriation decision, should immediately meet the requisitioning units are to be requisitioned supplies on time and delivered to a designated location or cleaning was requisitioned places and handing over procedures.

    Requisitioning units should make contingency acquisition lists, list in duplicate, requisitioned and expropriated party holds one copy. 16th due to the urgency of the situation, emergency expropriation decision cannot be served in advance, requisitioning units can implement emergency use, shall cooperate by requisitioning units or individuals.

    Requisitioning units should go through the relevant procedures in the 24 hours after the emergency use. Article 17th emergency requisition materials, sites should be posted or suspended Government emergency use signs, managed by Governments or their designated departments and fields.

    Requisitioned materials and sites used after the end of the emergency handling or emergency, by requisitioning units to withdraw emergency use signs. 18th emergency requisition materials, used or an emergency disposal after end of work, requisitioning units expropriated shall timely notify the entity or individual.

    Expropriation decision by requisitioning units or individuals with emergency and contingency acquisition list to designated locations to collect requisitioned supplies or receiving expropriated site related formalities. After completion article 19th emergency disposal, requisitioning units shall be promptly returned requisition materials, by emergency sites.

    Confiscated materials, sites are damaged, the entrusted to qualified institutions to assess and evaluate on the basis of reasonable compensation.

    Article 20th material, place emergency units or individuals requisitioned or expropriated following that of direct property loss in the process, it should be compensated according to law:

    (A) the material, place of loss due to damage, depletion, loss;

    (B), provide protection for personnel, by requisition materials, place matters subject to economic losses;

    (C) laws and regulations should be compensated for in other circumstances.

    21st place of requisition materials, by emergency units or individuals require emergency requisition for compensation should be based on a decision, emergency use certificate from the list, and use the use, consumption, damage proof emergency applications for compensation submitted to the requisitioning units. 22nd place of requisition materials, by emergency units or individuals as required after you submit your application for compensation, and related materials, examination by the requisitioning units, and approved by the people's Governments at the same level, by requisitioning units from receiving compensation from the date of application for compensation within the 30th. Complex, approved by the people's Governments at the same level, may be extended to 60 days.

    Is emergency requisitioning units or individuals are not required to submit compensation materials, according to records and the market by offering reasonable compensation for requisitioning units.

    Article 23rd emergency requisition materials, sites damaged, can restitution restitution cannot be restored, in accordance with the degree of destruction to pay the corresponding compensation; requisitioned supplies, loss of place, in accordance with the expropriation price paid the corresponding compensation; requisitioned materials and sites caused by requisitioning units suspend, suspend the necessary recurrent expenses for the period of compensation. 24th Governments at all levels should be based on financial situation, annual reserves a certain amount of compensation funds, included in the budget, as a contingency of payment of compensation for expropriation of property and related the work requirements.

    Emergency mechanism after the start, the financial sector compensation allocated funds in time.

    25th to encourage citizens, legal persons and other organizations working for government emergency supplies, funding, technical support and donations. 26th emergency compensation in accordance with the individual, collective and private enterprises, State-owned enterprises and institutions of the order.

    Personal, collective, private-sector cost compensation for State-owned enterprises and institutions according to the percentage of cost compensation.

    No compensation for administrative organs in principle, but if there are losses, affecting the normal work, the financial sector should be priority configuration.

    27th according to "who requisition, who was responsible for" principle, implementation materials, place emergency departments shall take the initiative to lead to compensation for expropriation.

    Compensation adhere to currency, financial compensation and restitution, compensation for direct and indirect compensation, a combination of material compensation awards.

    28th over in emergency use materials, site work, units and individuals who made outstanding contributions, Governments at all levels shall award.

    29th unit or individual in violation of these rules, is not subject to the people's Governments at all levels and departments published emergency acquisition decisions fail to perform the emergency acquisition decision under obligation or does not meet the requisitioning units to take emergency measures, activities contravening public security management, by the public security organs shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.

    Article 30th responsible for emergency use in charge and other direct liable persons, in the implementation of corporate favoritism, abuse, resulting in heavy losses of property, according to its seriousness, give the appropriate administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    31st units or individuals in the requisitioning units requisitioned violations of their legitimate rights and interests of the specific administrative act, may apply for administrative reconsideration or bring an administrative suit. 32nd article this way come into force on May 1, 2010.