Requisition Of Hangzhou To Deal With Emergency Measures For The Implementation Of

Original Language Title: 杭州市应对突发事件应急征用实施办法

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Requisition of Hangzhou to deal with emergency measures for the implementation of (August 14, 2009, Hangzhou municipal people's Government at the 45th Executive meeting on September 16, 2009, Hangzhou City people's Government promulgated as of November 1, 2009, No. 255) first to standardize the response to emergency use, enhance the capacity of Governments to respond to emergencies, to control, reduce and eliminate incidents of serious social harm, protect people's lives and property safety, in accordance with the People's Republic of China Law on emergency response, the

    People's Republic of China real right law of the provisions of 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 III, within the administrative area of the city, district and County (City) and agency of the Government to introduce emergency use of emergency work, these measures shall apply.

    Fourth emergency expropriation include units or individuals of all needed for emergency food, drinking water, energy, health care, transport, construction machinery, communications facilities, hotels, gyms, medical institutions, plazas and other materials and sites. Article fifth requisition of Hangzhou municipal people's Government in charge of the city to deal with the emergency, and organize the implementation of these measures.

    All districts and counties (cities) people's Governments in charge of the emergency acquisition work within the administrative area.

    The relevant administrative departments of people's Governments at the corresponding level, under the leadership of specific responsibilities for related material, taking place within their respective mandates.

    Sixth emergency contingency expropriation should adhere to the advance planning, expropriation, balanced burden, according to the principle of compensation. Emergency use of the Government and the Department to take measures, and emergencies may cause harm to the society of the nature, extent and scope of adaptation.

    There are a variety of measures to choose, should choose to maximize the protection and the interests of the individual measures.

    Article seventh units or individuals shall be subordinate to the municipal, district, County (City) or its designated agency of the Government of the emergency acquisition decisions, meet emergency obligations under the expropriation decision, with the requisition of Government and its departments to take emergency measures. Eighth material, sites should be expropriated after use or emergency treatment in the work after the end of the 15th return.

    Materials, sites damaged, destroyed or lost after being requisitioned or expropriated, compensation shall be made.

    Nineth of municipal, district and County (City) or its designated agency of the Government should be required to do all kinds of emergency supplies, site survey work, establish emergency response requisition materials, list of places and inform ownership units or individuals, along with the corresponding emergency response programme of expropriation.

    City, district and County (City) or its designated agency of the Government should be regularly informed about the inclusion in the list of emergency use of materials, venue use and ownership status, and update list of emergency use.

    Tenth in the list of emergency use of material, usually places shall have the applicable state.

    For related material, place scrap, transfer and other reasons, led to ownership units or individuals belong to the class material, place cannot reach emergency number listed in list of requisitioned, ownership units or individuals should be scrapped, transfers have been occurred in the 15th, at the table is built with a valid proof of city, district and County (City) or its designated agency of the Government report.

    11th after an emergency, you need to use emergency supplies and places, by the municipalities, districts and counties (cities) people make an acquisition decision, or by the municipalities, districts and counties (cities) people specified emergency acquisition decisions at the Department.

    Emergency expropriation decision shall set forth the requisition, requisition, requisition, requisition, requisition period, requisition, expropriation expropriation of implementation units as well as people object name, type, quantity, technology, and personnel protection requirements, and so on.

    12th acquisition implementation units be determined according to the following provisions, or by the municipalities, districts and counties (cities) shall specify:

    (A) food and drinking water, the use of energy by the development of competent administrative authorities and the authorities responsible for the implementation of the reform;

    (B) medicines, medical equipment acquisition by the economic authorities and the authorities responsible for implementation;

    (C) transportation equipment and transport equipment requisitioned by the traffic administrative departments in charge of implementation;

    (D) the expropriation by the construction machinery construction administrative departments responsible for implementation;

    (E) urban public transport and public works maintenance equipment acquisition carried out by administrative departments in charge of municipal public utilities;

    (Vi) expropriation of sports venues by sports administrative authorities responsible for implementation;

    (VII) the requisition of medical institutions by the health Administrative Department is responsible for their implementation;

    (H) the expropriation of hotels by the tourism authorities are responsible for implementation;

    (I) the expropriation by the regional people's Government is responsible for the implementation of the square;

    (J) other supplies, taking place by the appropriate competent authorities responsible for implementation.

    13th requisitioning units should be expropriated to the unit or individual to whom emergency expropriation decision.

    Due to the urgency of the situation, emergency expropriation decision cannot be served in advance, requisitioning units can implement emergency use and replacement within 48 hours after an emergency acquisition procedures.

    14th expropriated units or individuals receiving emergency acquisition after notification of the decision or emergency use, should facilitate the implementation expropriation institution will be immediately requisitioned supplies on time and delivered to a designated location or cleaning was requisitioned places and is equipped with the necessary operations, logistical support personnel. Expropriation of implementation units shall draw up a contingency list of requisitioned, and handing over procedures by requisitioning units or individuals.

    2 copies of the emergency acquisition list, use both sides armed with 1.

    Requisitioned materials and sites consists of cities, districts, counties (cities) or its designated agency of the Government of unified management and dispatching, and display of or requisition of government emergency signs. Implementation unit 15th expropriation is expropriated goods and sites for disposal after use or emergency work after the summary be requisitioned supplies in a timely manner, site usage, and notify the expropriation decision by requisitioning units or individuals with emergency and emergency return requisition list to specify the place where the transfer procedures.

    Requisitioned materials and sites of damage to or loss, use implementation units should be proof of damage or loss.

    16th emergency compensation for requisitioned according to the following regulations and implementation unit responsible for compensation by expropriation, compensation standards developed separately by the municipal people's Government:

    (A) the use of expropriated goods caused the depreciation of, and payment of appropriate compensation in accordance with related depreciation;

    (B) confiscated materials, sites damaged, can restitution restitution; cannot be restored, in accordance with the degree of destruction to pay the corresponding compensation;

    (C) confiscated goods, loss of place, in accordance with the expropriation of the market pay appropriate compensation;

    (D) the requisitioning units or individuals for materials, place of operation, logistics personnel, according to the actual working hours compensation for actual costs such as salaries, allowances;

    (E) the requisition materials and sites caused by requisitioning units or individuals to suspend, suspend the necessary recurrent expenses for the period of compensation;

    (F) the standards of compensation otherwise provided by laws and regulations, according to the regulations. 17th acquisition implementation units of completing return shall within 30 working days from the date of the handover, entitled to compensation for expropriation of the unit or individual compensation.

    Complex, approved by the people's Governments at the same level, may be extended to 60 days.

    18th of municipal, district and County (City) Government should guarantee adequate resources for emergency use and relevant compensation, and included in the annual budget.

    The 19th unit or individual considers that emergency condemned violations of the legitimate rights and interests of a specific administrative act, may apply for administrative reconsideration or bring an administrative suit.

    20th for acts in violation of these rules, other provisions of laws and regulations have been, by the relevant departments in accordance with the relevant laws and regulations will be punished.

    21st unit or individual in violation of the rules, disobey the municipal, district and County (City) and agency of the Government to make emergency use of decision fails to perform the emergency written decision on expropriation provisions of obligations or do not meet the requisitioned to implement emergency measures taken in accordance with law, of activities contravening public security management, by the public security organs shall be subject to punishment constitutes a crime, criminal liability shall be investigated for their.

    22nd is responsible for emergency use in charge and other direct liable persons, dereliction of duty, abuse of authority or engages in the mission, by his entity or his upper level administrative departments, supervisory organs shall be subject to the administrative responsibility constitutes a crime, the judicial organ shall investigate its criminal responsibility. 23rd these measures shall come into force on November 1, 2009.