Necessities of market supply of emergency management approach

    (December 12, 2011 Ministry of Commerce [2011] the 4th release since February 1, 2012) Chapter I General provisions First article to effective monitoring, and timely control and elimination for burst event raised of life necessities market exception fluctuations, meet residents daily basic life need, maintenance normal of social order, promote socialist market continued stable health development, according to People's Republic of China burst event should method, and People's Republic of China infectious diseases control method, and People's Republic of China defense method, and People's Republic of China price method, and People's Republic of China earthquake mitigation method and

    Public health regulations and other relevant laws and regulations, these measures are formulated.

    Second article this approach by said life necessities market exception fluctuations (following referred to market exception fluctuations), is refers to for suddenly occurred of natural disasters, and accident disaster, and public health event, and social security event or other event, caused meat, and vegetables, and egg, and dairy, and side pin tea and health clean supplies, life necessities market supply and demand relationship mutation, in larger range within led to price exception fluctuations or commodity stock, and unsalable of State.

    Third article this approach provides of market exception fluctuations according to effect range size, is divided into four level: level market exception fluctuations is refers to national or across province, and autonomous regions, and municipalities of market exception fluctuations; II level market exception fluctuations is refers to occurred in a province, and autonomous regions, and municipalities larger range or a bureaus, and capital city of market exception fluctuations; three level market exception fluctuations is refers to occurred in a set district of city larger range of market exception fluctuations; four level market exception fluctuations is refers to occurred in a county within of market exception fluctuations.

    Fourth necessities of market supply of emergency management should follow the same coordination, hierarchical accountability, classification management, planning, scientific monitoring, timely response and disposal effective principles.

Fifth was established by the Minister of Commerce to serve as Commander-in-Chief, in charge of the Ministry as Deputy Commander in Chief of the Ministry of Commerce to market fluctuation headquarters, emergency management is responsible for the national market abnormal fluctuation of unified leadership, organization and coordination.

    Local commerce authorities above the county level to set up chaired by the Chief Commander and in charge of the head as Deputy Commander in response to market fluctuations command, is responsible for leading, directing the emergency management within the administrative area of abnormal fluctuations in the market.

    Sixth competent Commerce authorities above the county level should establish a strict market abnormal fluctuation prevention and disposal of accountability, strengthening market abnormal fluctuation of the exchange of information and regional cooperation, strengthening the necessities of market supply of emergency management training, establish a sound market abnormal fluctuation monitoring system and emergency measures and means, and to ensure funding.

    Seventh commercial administrative departments at or above the county level, can contribute to attend the market abnormal fluctuation of emergency units and personnel, recognition and rewards.

    Chapter II emergency preparedness

Eighth Ministry of Commerce national and TRANS-provinces, autonomous regions and municipalities directly under the necessities of market emergency.

Local commerce authorities above the county level, according to country and across provinces, autonomous regions and municipalities directly under the necessities of market supply emergency, together with relevant departments, combined with local conditions, respective administrative necessities of market supply emergency and business departments at the newspaper level.

    Local commerce authorities above the county level should require the business necessities of large-scale wholesale and retail enterprises development dovetailed with the necessities in the local market supply emergency contingency plan and to its records.

Nineth necessities market supply emergency plan should include the following main elements:

(A) abnormal fluctuations in the market composition of the headquarters, and the specific responsibilities of related departments and Division of labour;

(B) the daily monitoring the operation of the market, evaluation of monitoring data, early warning standards and abnormal fluctuations in the market report, reporting systems;

(C) respond to market fluctuations specific procedures and steps to be taken;

(D) abnormal fluctuations in the market necessities of sourcing organization, delivery and sales network;

(E) related work, such as press releases, emergency knowledge dissemination, market regulation, manpower, funds, transportation and safety emergency plan to implement concrete measures;

    (Vi) respond to market fluctuations the duty roster and contact information.

    Tenth necessities market supply contingency plans should be based on market changes and implement timely revisions, problems found in supplements.

    11th commercial administrative departments at all levels to enhance the prevention of abnormal fluctuation of market awareness and capacity to respond, and prevent the occurrence of abnormal fluctuations in the market.

    12th in all provinces, autonomous regions, municipalities, separately listed cities, capital cities and the departments in charge of Commerce shall be according to the necessities of the market supply of emergency requirements, establish and improve the necessaries of life, emergency facilities, equipment and other materials reserve system.

    13th article of Commerce for necessities establish and improve national databases and master basic necessities of production capacity, price, inventory and other information. 14th local commerce authorities above the county level should improve large wholesale and retail enterprises as the main body of emergency facilities, equipment, supplies and other materials put on the Internet.

    Actively coordinate with relevant departments, and establish and improve emergency distribution mechanism, ensure smooth transport.

    Chapter III monitoring and early warning

15th Ministry of Commerce is responsible for the establishment of a unified national necessities of market monitoring and early-warning systems, information sharing.

    Local commerce authorities above the county level shall regularly conduct market research, to grasp the markets total demand and total supply (inventory, local production capacity, procurement capacity in the field) and sales, price change; instructions included in the scope of national necessities of market monitoring and early warning of sample accurate, timely and complete information.

16th Ministry of Commerce according to the national economic development and changes of residents ' consumption demand, is responsible for determining and adjusting the need to monitor the necessities of life.

    Local commerce authorities above the county level in accordance with the local consumer to the actual situation, necessities varieties increased monitoring, and report to the Department of Commerce records.

17th monitoring work should be based on the market fluctuation characteristics of scientific analysis and integrated evaluation of monitoring data, the market operation.

    For early detection of potential risks as well as potential market fluctuation, local commerce authorities above the county level shall timely inform the local government makes early warning report and upper level Commerce authorities, and to inform the competent authorities.

    Fourth chapter reports and information

The 18th report of the Ministry of Commerce is responsible for market fluctuations of the national emergency system and market fluctuation information reporting system.

Local commerce authorities above the county level to monitor market fluctuations or market abnormal fluctuation of reports received should be reported to the people's Governments at the corresponding level in 2 hours, while higher competent Commerce departments report.

Any of the following circumstances, in all provinces, autonomous regions and municipalities (hereinafter provincial) departments in charge of Commerce, should be within 1 hour of receiving the report, to report to the Department of Commerce:

(A) earthquakes, landslides, tsunamis, freezing rain, floods, droughts and other natural disasters, causing abnormal fluctuations in the market;

(B) mass diseases, public health, or animal or plant epidemic such as water pollution, causing abnormal fluctuations in the market;

    (C) nuclear, war, terrorist attacks caused panic and causing abnormal fluctuations in the market.

    Article 19th large wholesale and retail enterprises and other units found to be one of the circumstances prescribed in the third paragraph of article 18th, should occur within 1 hour to Commerce authorities above the county level report.

    20th commercial administrative departments at all levels to monitor market fluctuations or market abnormal fluctuation of reports received, shall be reported in accordance with this regulation at the same time, immediately organized the forces carry out investigation to verify, confirm and take the necessary control measures and report in a timely manner to investigate the situation.

    21st Ministry of Commerce for a primary or secondary market abnormal fluctuation, it shall immediately report to the State Council promptly to inform the relevant departments under the State Council and relevant departments of the army, and to local or provincial departments in charge of Commerce.

    22nd abnormal fluctuations in the market before the elimination, local commerce authorities at various levels are required to enforce the 24-hour zero-reporting system.

    23rd no units and individuals to abnormal fluctuation of market information, not withholding or delaying report false, omitted or incite others to concealment, delaying the report false, false negatives.

24th the Ministry of Commerce is responsible for the establishment of a national market abnormal fluctuation information release system, responsible for the issue to the community and across provinces, autonomous regions and municipalities directly under the abnormal market fluctuations and emergency handling of information.

Local commerce authorities above the county level are responsible for issue to the community within their respective administrative areas market abnormal fluctuation and response information.

    Information should be timely, accurate and comprehensive.

    The fifth chapter emergency

    25th market abnormal fluctuation occurs, commercial administrative departments at or above the county level shall comprehensive assessment of the abnormal fluctuations in the market, preliminary market abnormal fluctuation levels, made whether to start the necessities of market supply of emergency proposals. 26th starting or across provinces, autonomous regions and municipalities the necessities of market supply emergency plan, implemented by the Ministry of Commerce reported to the State Council for approval.

    Start the local necessities of market supply emergency plan, reported by the local competent commercial departments at all levels of the people's Government for approval, and the up-level departments in charge of Commerce reports.

27th market abnormal fluctuation occurs, local commerce authorities at various levels, should coordinate emergency handling required relevant departments to ensure the necessities of production and transportation.

For the following emergencies, commercial administrative departments at or above the county level shall, in conjunction with relevant departments to focus on market supply of the following goods:

(A) the local geology of earthquakes, landslides, tsunamis and other disasters, to focus on convenience food, bottled drinking water, wetsuit, lighting supplies, tents, water purification, hygiene products and other markets;

(B) frozen rain and snow, the wide range of meteorological disasters such as floods, droughts, and to focus on storage of vegetables, grain, meat, eggs, convenience food, lighting equipment, wetsuit market supply;

(C) the proliferation of mass diseases, animal disease outbreaks and other public health events, to focus on health protection supplies, cleaning supplies, food, edible oil, salt, animal and poultry products, convenience foods market supply;

    (D) nuclear accidents such as leaks, to focus on grain, edible oil, salt, instant food, bottled drinking water, radiation protection products market supply.

28th necessities of stock or prices soaring market abnormal fluctuation occurs, jointly with relevant departments of commercial administration above county level may take the following measures:

(A) the timely dissemination of market information and guiding market expectations;

(B) supervise the distribution companies supply organizations, through supply chain purchasing, use of business inventories, increase market supply;

(C) scarce goods trans-regional transport, offsite transfers surplus for necessities;

(D) the Organization release government stocks, in accordance with the prescribed procedures and permissions, go local stocks, then put on the central reserve;

(E) when the lack of domestic production of necessities, provincial Commerce Department may report to the Department of Commerce, imports quickly organized;

(F) the quantitative, limited sales, or the implementation of unified distribution, distribution;

    (G) the expropriation in accordance with law, protect the basic needs of the people.

29th on necessities of life in the live market abnormal fluctuation of unmarketable agricultural products occurred, jointly with relevant departments of commercial administration above county level may take the following measures:

(A) the timely dissemination of market information, guide production and management;

(B) organize a variety of matchmaking activities;

(C) guiding agricultural products processing enterprises to expand processing of scale, increasing the number of procurement;

(D) guide the enterprise to increase commercial inventory of storage conditions and, if necessary, temporary Government reserves;

(E) to support export companies to enter the international market, expansion of unmarketable agricultural products exports.

    Fresh farm products when there is a problem though, commercial administrative departments at or above the county level can be promoted in large wholesale and retail enterprises to fulfill their social responsibilities and take positive and effective measures. Article 30th according to market fluctuations needs of emergency, local commerce authorities at various levels, in conjunction with relevant departments, submit the approval of the people's Government of the same level, right to a unified call for urgent necessities, transportation and related facilities.

Relevant units and individuals shall cooperate, may not be refused for any reason.

    Put Enterprise transportation costs relating to supplies to the Organization, as well as the emergency mobilization and requisition of materials, as well as enterprises of imports, subsidies or compensation in accordance with the relevant provisions.

    31st resulting from major unexpected commercial network was seriously damaged, affecting market supply, commercial administrative departments at or above the county level shall promptly establish temporary commercial network, with necessities supply channels.

    Article 32nd market abnormal fluctuation is eliminated, commercial administrative departments at or above the county level shall be submitted to the approval of the people's Government of the same level to stop implementation of the emergency measures taken pursuant to this regulation, and to inform the next higher level departments in charge of Commerce.

    33rd emergency work was over, commercial administrative departments at or above the county level should this emergencies related to supplies of necessities in the forward market impact analysis, proposed recommendations to departments of the people's Governments at the corresponding level and upper level business reports, and notify relevant responsible departments, and follow-up monitoring, announced to the public the relevant information in a timely manner.

    Supervision and administration of the sixth chapter

34th Ministry of Commerce on the national market abnormal fluctuation of emergency work inspectors and guidance to local commerce authorities at various levels should cooperate.

    Provincial departments in charge of commerce market abnormal fluctuation within the administrative area of emergency work inspectorate and guidance.

35th article of commerce must on all provinces, autonomous regions and municipalities directly under the necessities of the market supply contingency plans developed and implemented to check the situation.

    Provincial-leveled Commerce departments in charge of Commerce authorities above the county level within the administrative area of necessities of market supply contingency plans developed and implementation checking. 36th provincial Commerce authorities above market abnormal fluctuation of the reporting system established, published reports, telephone hotlines. Any unit and individual have the right to report market abnormal fluctuation risk to the commercial Administrative Department, right to report fail to fulfil market abnormal fluctuation emergency duties or perform their duties in accordance with the provisions of condition.

Received reports or information Business Department shall immediately organize the market fluctuation risks, failure to comply or does not comply with the requirements to fulfill market place.

    Reporting, reporting of abnormal fluctuation of the market active units and individuals may be awarded.

    The seventh chapter legal liability

37th local commerce authorities at or above the county level shall have one of the following acts, by superior departments in charge of Commerce shall order rectification, criticized for its Chief recommendations for unit administrative sanctions of demotion or removal from Office in accordance with law; cause serious harmful consequences, proposals shall be subject to dismissal sanctions constitutes a crime, the attention of the judicial organs shall investigate the criminal liability:

(A) failing to fulfil their reporting obligations, concealment, delaying the report, misrepresenting, omitting or incite others to conceal, and delaying the report false, fail to market fluctuations;

(B) failing to complete market abnormal fluctuation required for emergency treatment facilities, equipment and commodity supplies and reserves;

(C) failing to discharge the responsibilities of market surveillance;

(D) failing to take control measures in a timely manner;

(E) emergency handling dereliction of duty, dereliction of duty, malfeasance;

    (Vi) for superior Inspector, a guide not to cooperate with the commercial Administrative Department, or otherwise limit or interfere.

Article 38th necessities of sale and storage units and their personnel have one of the following acts, by the relevant local people's Governments at or above the county level authorities according to the circumstances, according to law shall be ordered to correct, confiscation of illicit proceeds, fines, warnings cause serious harmful consequences, constitute a crime, the attention of the judicial organs shall investigate the criminal liability:

(A) failing to fulfil market abnormal fluctuation reporting duties, concealment, delaying the report, false or omitted;

(B) failing to submit monitoring data;

(C) the purchase and sales of fake and shoddy goods and hoarding and price-gouging;

(D) failing to take timely supply organizations, such as prevention and control measures;

(E) disposal of the refuse to obey the commercial Administrative Department;

    (F) refuse or obstruct or don't cooperate with investigations, data collection and supervision and inspection.

    The eighth chapter supplementary articles

    39th explain these measures by the Ministry of Commerce. 40th these measures come into force February 1, 2012. Emergency Essentials emergency management interim measures (Ministry of Commerce in 2003, 7th) repealed simultaneously.