Emergency Response Law of the People's Republic of China


Published:

2014-09-30

The Emergency Response Law of the People's Republic of China, adopted at the 29th Meeting of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on August 30, 2007, is hereby promulgated and shall go into effect as of November 1, 2007.

Order of the President of the People's Republic of China
No. 69
 
The Emergency Response Law of the People's Republic of China, adopted at the 29th Meeting of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on August 30, 2007, is hereby promulgated and shall go into effect as of November 1, 2007.
 
President Hu Jintao of the People's Republic of China
August 30, 2007
 
  
 
Emergency Response Law of the People's Republic of China
(Adopted at the 29th Meeting of the Standing Committee of the Tenth National People's Congress on August 30, 2007)
catalogue
Chapter I General Provisions
Chapter II Prevention and Emergency Preparedness
Chapter III Monitoring and Early Warning
Chapter IV Emergency Response and Rescue
Chapter V Post Recovery and Reconstruction
Chapter VI Legal Liabilities
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated in order to prevent and reduce the occurrence of emergencies, control, mitigate and eliminate the serious social harm caused by emergencies, regulate emergency response activities, protect the safety of people's lives and property, and maintain national security, public security, environmental security and social order.
Article 2 This Law shall apply to the prevention and emergency preparedness, monitoring and early warning, emergency response and rescue, post recovery and reconstruction and other response activities of emergencies.
Article 3 The term "emergencies" as used in this Law refers to natural disasters, accidental disasters, public health events and social security events that occur suddenly and cause or may cause serious social harm and need to be dealt with by emergency measures.
Natural disasters, accident disasters, and public health events are classified into four levels, namely, particularly serious, major, major, and general, according to the degree of social harm, scope of influence, and other factors. Where laws, administrative regulations or the State Council provide otherwise, such provisions shall prevail.
Grading standards for emergencies shall be formulated by the State Council or the departments designated by the State Council.
Article 4 The State shall establish an emergency management system featuring unified leadership, comprehensive coordination, classified management, hierarchical responsibility and territorial management.
Article 5 The principle of putting prevention first and combining prevention with emergency response shall be applied to emergency response. The state has established a risk assessment system for major emergencies to conduct a comprehensive assessment of possible emergencies, reduce the occurrence of major emergencies and minimize the impact of major emergencies.
Article 6 The State shall establish an effective social mobilization mechanism, enhance the public safety and risk prevention awareness of the whole people, and improve the ability of the whole society to avoid and rescue risks.
Article 7 People's governments at the county level shall be responsible for responding to emergencies within their respective administrative areas; Where two or more administrative regions are involved, the responsibility shall be assumed by the people's government at the next higher level jointly over the relevant administrative regions, or by the people's government at the next higher level jointly over the relevant administrative regions.
After the occurrence of an emergency, the people's government at the county level in the place where the incident occurred shall immediately take measures to control the development of the incident, organize and carry out emergency rescue and disposal work, and immediately report to the people's government at the next higher level, or skip the level when necessary.
If the people's government at the county level in the place where the emergency occurred is unable to eliminate or effectively control the serious social harm caused by the emergency, it shall promptly report to the people's government at a higher level. The people's government at a higher level shall take timely measures to uniformly lead the emergency response work.
Where laws and administrative regulations provide that relevant departments under the State Council are responsible for responding to emergencies, such provisions shall prevail; The local people's governments shall actively cooperate and provide necessary support.
Article 8 The State Council shall, under the leadership of the Premier, study, decide and deploy the response to particularly serious emergencies; According to actual needs, a national emergency command organization shall be established to take charge of emergency response; When necessary, the State Council may send a working group to guide relevant work.
The local people's governments at or above the county level shall establish an emergency command organization composed of the principal heads of the people's governments at the corresponding levels, the heads of relevant departments, and the relevant heads of the Chinese People's Liberation Army and the Chinese People's Armed Police Force stationed in the local areas, to uniformly lead and coordinate the relevant departments of the people's governments at the corresponding levels and the people's governments at lower levels in responding to emergencies; According to the actual needs, emergency command organizations shall be established to organize, coordinate and command emergency response.
The competent departments of the people's governments at higher levels shall, within the scope of their respective duties, guide and assist the people's governments at lower levels and their corresponding departments in dealing with emergencies.
Article 9 The State Council and the local people's governments at or above the county level are the administrative leading organs for responding to emergencies, and their administrative bodies and specific responsibilities shall be prescribed by the State Council.
Article 10 Decisions and orders made by the relevant people's governments and their departments to deal with emergencies shall be published in a timely manner.
Article 11 The measures taken by the relevant people's governments and their departments to deal with emergencies shall be appropriate to the nature, extent and scope of the social harm that may be caused by the emergencies; If there are multiple measures to choose from, the measures that are conducive to the maximum protection of the rights and interests of citizens, legal persons and other organizations shall be selected.
Citizens, legal persons and other organizations have the obligation to participate in emergency response.
Article 12 The relevant people's governments and their departments may requisition the property of units and individuals in response to emergencies. The requisitioned property shall be returned in a timely manner after the use is completed or the emergency response is completed. Where property is requisitioned or is damaged or lost after requisition, compensation shall be made.
Article 13 Where litigation, administrative reconsideration and arbitration activities cannot be carried out normally due to the adoption of emergency response measures, the provisions on suspension of prescription and suspension of procedure shall apply, except as otherwise provided by law.
Article 14 The Chinese People's Liberation Army, the Chinese People's Armed Police Force and the militia shall, in accordance with the provisions of this Law and other relevant laws, administrative regulations, military regulations, as well as the orders of the State Council and the Central Military Commission, participate in emergency rescue and handling of emergencies.
Article 15 The Government of the People's Republic of China cooperates and exchanges with foreign governments and relevant international organizations in the prevention, monitoring and early warning of emergencies, emergency response and rescue, post emergency recovery and reconstruction, etc.
Article 16 The decisions and orders made by the people's governments at or above the county level in response to emergencies shall be reported to the standing committees of the people's congresses at the corresponding levels for the record; After the emergency response work is completed, a special work report shall be made to the standing committee of the people's congress at the corresponding level.
 
  
 
Chapter II Prevention and Emergency Preparedness
Article 17 The State shall establish and improve the emergency preplan system for emergencies.
The State Council shall formulate the overall emergency plan for national emergencies and organize the formulation of special emergency plans for national emergencies; The relevant departments of the State Council shall, in accordance with their respective responsibilities and the relevant emergency plans of the State Council, formulate the emergency plans of the national emergency departments.
The local people's governments at all levels and the relevant departments of the local people's governments at or above the county level shall formulate corresponding emergency plans for emergencies in accordance with relevant laws, regulations, rules, emergency plans of the people's governments at higher levels and their relevant departments, as well as the actual conditions of their own regions.
The emergency plan making organ shall timely revise the emergency plan according to the actual needs and changes in the situation. The procedures for formulating and revising emergency plans shall be formulated by the State Council.
Article 18 The emergency plan shall, in accordance with the provisions of this Law and other relevant laws and regulations, specify the organization and command system and responsibilities for emergency management of emergencies, the prevention and early warning mechanism, handling procedures, emergency security measures, post recovery and reconstruction measures, etc. in light of the nature and characteristics of emergencies and the possible social harm they may cause.
Article 19 Urban and rural planning shall meet the needs of preventing and dealing with emergencies, make overall arrangements for the construction of equipment and infrastructure necessary for dealing with emergencies, and rationally determine emergency shelters.
Article 20 The people's government at the county level shall investigate, register and assess the risk of the hazard sources and dangerous areas within its administrative area that are likely to cause natural disasters, accidental disasters and public health events, regularly inspect and monitor them, and order the relevant units to take safety and preventive measures.
The people's governments at the provincial level and at the municipal level divided into districts shall investigate, register and assess the risk of the hazard sources and dangerous areas within their administrative areas that are prone to cause particularly serious and major emergencies, organize inspections and monitoring, and order the relevant units to take safety precautions.
The local people's governments at or above the county level shall, in accordance with the provisions of this Law, promptly make known to the public the sources and areas of danger that have been registered.
Article 21 The people's government at the county level and its relevant departments, the people's government at the township level, the sub district office, the residents' committee and the villagers' committee shall promptly mediate and deal with the contradictions and disputes that may cause social security incidents.
Article 22 All units shall establish and improve the safety management system, regularly check the implementation of their own safety precautions, and timely eliminate potential accidents; Grasp and timely deal with the problems that may cause social security incidents in the unit to prevent the intensification of conflicts and the expansion of the situation; The possible emergencies and the safety precautions taken by the unit shall be timely reported to the local people's government or the relevant departments of the people's government in accordance with the provisions.
Article 23 Mines, construction units and units that produce, manage, store, transport and use inflammable and explosive substances, dangerous chemicals, radioactive substances and other dangerous substances shall formulate specific emergency plans, investigate the hidden dangers in production and operation sites, buildings and structures with dangerous substances and the surrounding environment, and take timely measures to eliminate the hidden dangers and prevent emergencies.
Article 24 The operation units or administrative units of public transport vehicles, public places and other densely populated places shall formulate specific emergency plans, equip the transport vehicles and related places with alarm devices and necessary emergency rescue equipment and facilities, indicate their use methods, and clearly indicate the safe evacuation routes and routes, so as to ensure the smooth flow of safe passages and exits.
The relevant units shall regularly test and maintain their alarm devices and emergency rescue equipment and facilities to ensure their normal use.
Article 25 The people's governments at or above the county level shall establish and improve the training system for emergency management, and provide regular training to the staff of the people's governments and their relevant departments who are responsible for handling emergencies.
Article 26 People's governments at or above the county level shall integrate emergency resources and establish or determine comprehensive emergency rescue teams. The relevant departments of the people's government may set up professional emergency rescue teams according to actual needs.
People's governments at or above the county level and their relevant departments may establish emergency rescue teams composed of adult volunteers. The unit shall establish a full-time or part-time emergency rescue team composed of its own employees.
People's governments at or above the county level shall strengthen the cooperation between professional emergency rescue teams and non professional emergency rescue teams, conduct joint training and drills, and improve the ability of synthetic emergency response and coordinated emergency response.
Article 27 The relevant departments under the State Council, the local people's governments at or above the county level and their relevant departments and units shall purchase personal accident insurance for professional emergency rescue personnel, equip them with necessary protective equipment and devices, and reduce the personal risks of emergency rescue personnel.
Article 28 The Chinese People's Liberation Army, the Chinese People's Armed Police Force and the militia shall organize and carry out special training in emergency rescue in a planned way.
Article 29 The people's governments at the county level and their relevant departments, the people's governments at the township level and the sub district offices shall organize and carry out publicity and popularization of emergency knowledge and necessary emergency drills.
Residents' committees, villagers' committees, enterprises and institutions shall, according to the requirements of the local people's government and in combination with their own actual conditions, carry out publicity and popularization activities and necessary emergency drills on emergency knowledge.
The news media shall, free of charge, publicize the knowledge of emergency prevention and response, self rescue and mutual rescue.
Article 30 Schools at all levels and of all types shall incorporate emergency knowledge education into their teaching contents, educate students about emergency knowledge, and cultivate students' safety awareness and ability to save themselves and each other.
The competent education department shall guide and supervise the schools to carry out emergency knowledge education.
Article 31 The State Council and the local people's governments at or above the county level shall take financial measures to guarantee the funds needed for emergency response.
Article 32 The State shall establish and improve the reserve guarantee system of emergency materials, and improve the system of supervision, production, reserve, allocation and emergency distribution of important emergency materials.
People's governments at or above the level of cities divided into districts and people's governments at the county level in areas prone to and prone to emergencies shall establish a reserve system for emergency rescue materials, daily necessities and emergency disposal equipment.
The local people's governments at or above the county level shall, in accordance with the actual conditions of their respective regions, sign agreements with relevant enterprises to ensure the production and supply of emergency rescue materials, daily necessities and emergency disposal equipment.
Article 33 The State shall establish and improve the emergency communication guarantee system, improve the public communication network, establish an emergency communication system that combines wired and wireless communication, and the basic telecommunications network and mobile communication system, so as to ensure smooth communication in response to emergencies.
Article 34 The State encourages citizens, legal persons and other organizations to provide materials, funds, technical support and donations to the people's governments in response to emergencies.
Article 35 The State develops insurance undertakings, establishes a catastrophe risk insurance system supported by the State finance, and encourages units and citizens to participate in insurance.
Article 36 The State encourages and supports teaching and research institutions with appropriate conditions to train special personnel for emergency management, and encourages and supports teaching and research institutions and relevant enterprises to research and develop new technologies, equipment and tools for the prevention, monitoring, early warning, emergency response and rescue of emergencies.
Chapter III Monitoring and Early Warning
 
Article 37 The State Council shall establish a national unified emergency information system.
Local people's governments at or above the county level shall establish or determine a unified emergency information system in their respective regions, collect, store, analyze and transmit information about emergencies, and achieve interconnection with the emergency information systems of people's governments at higher levels and their relevant departments, lower level people's governments and their relevant departments, specialized institutions and monitoring networks, so as to strengthen information exchange and intelligence cooperation across departments and regions.
Article 38 People's governments at or above the county level and their relevant departments and professional institutions shall collect information on emergencies through various channels.
The people's government at the county level shall establish a full-time or part-time information reporter system in the residents' committees, villagers' committees and relevant units.
Citizens, legal persons or other organizations that are informed of emergency information shall immediately report to the local people's government, the relevant competent department or the designated professional institution.
Article 39 Local people's governments at various levels shall, in accordance with the relevant provisions of the State, submit information on emergencies to the people's governments at higher levels. The relevant competent departments of the people's governments at or above the county level shall inform the relevant departments of the people's governments at the corresponding levels of the information on emergencies. Professional institutions, monitoring networks and information reporters shall report emergency information to the local people's government and its relevant competent departments in a timely manner.
Relevant units and personnel shall submit and report emergency information in a timely, objective and true manner, and shall not delay, make false reports, conceal or omit to report.
Article 40 The local people's governments at or above the county level shall timely summarize and analyze the hidden dangers and early warning information of emergencies, organize relevant departments, professional technicians, experts and scholars to consult when necessary, and evaluate the possibility of an emergency and its possible impact; If it believes that a major or especially serious emergency may occur, it shall immediately report to the people's government at a higher level, and notify the relevant departments of the people's government at a higher level, the local garrison and the people's government of the adjacent or relevant areas that may be endangered.
Article 41 The State shall establish a sound monitoring system for emergencies.
The people's governments at or above the county level and their relevant departments shall, according to the types and characteristics of natural disasters, accident disasters and public health events, establish and improve basic information databases, improve monitoring networks, divide monitoring areas, determine monitoring points, specify monitoring items, provide necessary equipment and facilities, and provide full-time or part-time personnel to monitor possible emergencies.
Article 42 The State shall establish a sound early-warning system for emergencies.
The early warning levels of natural disasters, accident disasters and public health events that can be warned can be divided into Level I, Level II, Level III and Level IV according to the emergency degree, development trend and possible harm degree of emergencies, which are respectively marked in red, orange, yellow and blue. Level I is the highest level.
The criteria for the classification of early warning levels shall be formulated by the State Council or the department designated by the State Council.
Article 43 When natural disasters, accidental disasters or public health events that can be warned are about to occur or the likelihood of their occurrence increases, local people's governments at or above the county level shall, in accordance with the relevant laws, administrative regulations and the limits of authority and procedures prescribed by the State Council, issue warnings at the corresponding level, decide and announce that the relevant areas enter the warning period, and at the same time report to the people's government at the next higher level, or report to the higher level if necessary, by skipping the higher level, And notify the local garrison and the people's government of the adjacent or relevant areas that may be endangered.
Article 44 After issuing a third or fourth level alarm and declaring the early warning period, the local people's governments at or above the county level shall, in the light of the characteristics of the upcoming emergencies and the possible harm they may cause, take the following measures:
(1) Launch the emergency plan;
(2) Order relevant departments, professional institutions, monitoring networks and personnel with specific responsibilities to collect and report relevant information in a timely manner, publicize the channels for reporting emergency information to the public, and strengthen the monitoring, forecasting and early warning of the occurrence and development of emergencies;
(3) Organize relevant departments and institutions, professional technicians, relevant experts and scholars to analyze and evaluate the emergency information at any time, and predict the possibility, scope and intensity of the emergency and the level of the possible emergency;
(4) Regularly release the public related emergency prediction information and analysis and evaluation results, and manage the reporting of relevant information;
(5) Promptly issue warnings to the society that may be harmed by emergencies in accordance with relevant regulations, publicize common sense of avoiding and mitigating hazards, and publish consultation telephone numbers.
Article 45 After the issuance of the first and second level warnings and the entry of the early warning period, the local people's governments at or above the county level shall, in addition to taking the measures prescribed in Article 44 of this Law, take one or more of the following measures in view of the characteristics of the upcoming emergencies and the possible harm they may cause:
(1) Order the emergency rescue team and personnel with specific responsibilities to be on standby, and mobilize reserve personnel to be ready to participate in emergency rescue and disposal;
(2) Mobilize materials, equipment and tools required for emergency rescue, prepare emergency facilities and shelters, and ensure that they are in good condition and can be put into normal use at any time;
(3) Strengthen the security of key units, important parts and important infrastructure, and maintain public order;
(4) Take necessary measures to ensure the safe and normal operation of public facilities such as transportation, communication, water supply, drainage, power supply, gas supply and heat supply;
(5) Promptly release suggestions and advice on taking specific measures to avoid or mitigate hazards to the society;
(6) Transferring, evacuating or evacuating people vulnerable to emergencies and making proper arrangements, and transferring important property;
(7) Close or restrict the use of places vulnerable to emergencies, and control or restrict activities in public places that are likely to lead to the expansion of hazards;
(8) Other necessary preventive and protective measures stipulated by laws, regulations and rules.
Article 46 The local people's governments at or above the county level and their relevant competent departments shall, in accordance with the relevant provisions, report to the people's governments at the next higher level and their relevant competent departments the upcoming or existing social security incidents, and may, when necessary, report to the higher level by skipping the higher level.
Article 47 The people's government that issues an emergency warning shall, in light of the development of the situation and in accordance with the relevant provisions, timely adjust the level of early warning and re issue it.
If facts prove that an emergency is unlikely to occur or the danger has been removed, the people's government that issued the alarm shall immediately announce the removal of the alarm, terminate the early warning period and remove the relevant measures that have been taken.
Chapter IV Emergency Response and Rescue
Article 48 After the occurrence of an emergency, the people's government that performs the duty of unified leadership or organizes the handling of the emergency shall, in light of its nature, characteristics and degree of harm, immediately organize the relevant departments, mobilize the emergency rescue teams and social forces, and take emergency measures in accordance with the provisions of this Chapter and the relevant laws, regulations and rules.
Article 49 After the occurrence of natural disasters, accidental disasters or public health events, the people's governments performing the functions of unified leadership may take one or more of the following emergency response measures:
 
(1) Organize the rescue and treatment of the victims, evacuate, evacuate and properly arrange the threatened persons and take other rescue measures;
(2) Quickly control dangerous sources, mark dangerous areas, block dangerous places, delimit warning areas, and implement traffic control and other control measures;
(3) Immediately repair the damaged public facilities such as transportation, communication, water supply, drainage, power supply, gas supply, heat supply, etc., provide shelter and daily necessities for the people in danger, and implement medical aid, sanitation and epidemic prevention and other safeguard measures;
(4) Prohibit or restrict the use of relevant equipment and facilities, close or restrict the use of relevant sites, suspend densely populated activities or production and business activities that may lead to the expansion of hazards, and take other protective measures;
(5) Activate the financial reserve funds set up by the people's government at the corresponding level and the emergency relief materials stored, and, when necessary, transfer other urgently needed materials, equipment, facilities and tools;
(6) Organize citizens to participate in emergency rescue and disposal work, and require personnel with specific expertise to provide services;
(7) Ensuring the supply of food, drinking water, fuel and other basic necessities;
(8) We will severely punish, in accordance with the law, acts that disrupt market order, such as hoarding, driving up prices, manufacturing and selling counterfeit goods, stabilize market prices, and maintain market order;
(9) According to law, severely punish acts that disrupt social order, such as looting property, interfering with and destroying emergency response work, and maintain social security;
(10) Take necessary measures to prevent secondary and derivative events.
Article 50 After the occurrence of a social security incident, the people's government that organizes the handling of the incident shall immediately organize the relevant departments and the public security organ shall, in light of the nature and characteristics of the incident and in accordance with the relevant laws, administrative regulations and other relevant provisions of the State, take one or more of the following emergency measures:
(1) Compulsorily isolate the parties who use equipment to confront each other or participate in the conflict with violence, properly resolve on-site disputes and disputes, and control the development of the situation;
(2) Control the supply of buildings, vehicles, equipment, facilities and fuel, gas, electricity and water in specific areas;
(3) Blocking relevant places and roads, checking the identity cards of on-site personnel, and restricting activities in relevant public places;
(4) Strengthen the security of vulnerable core organs and units, and set up temporary security lines near state organs, military organs, state news agencies, radio stations, television stations, foreign embassies and consulates in China and other units;
(5) Other necessary measures stipulated by laws, administrative regulations and the State Council.
When an event seriously endangers public security order occurs, the public security organ shall immediately send out police force according to law, and take corresponding compulsory measures according to the situation on the spot, so as to restore social order as soon as possible.
Article 51 In the event of an emergency that seriously affects the normal operation of the national economy, the State Council or the relevant competent departments authorized by the State Council may take necessary emergency measures to safeguard and control the basic needs of the people and minimize the impact of the emergency.
Article 52 The people's government that performs the duty of unified leadership or organizes the handling of emergencies may, when necessary, requisition equipment, facilities, sites, means of transportation and other materials needed for emergency rescue from units and individuals, request other local people's governments to provide human, material, financial or technical support, require enterprises that produce and supply necessities for daily life and emergency rescue materials to organize production, guarantee supply, and require them to provide medical treatment Transportation and other public service organizations provide corresponding services.
The people's government that performs the duty of unified leadership or organizes the handling of emergencies shall organize and coordinate the transportation business units to give priority to the transportation of materials, equipment, tools, emergency rescue personnel and personnel endangered by emergencies.
Article 53 The people's government that performs the duty of unified leadership or organizes the handling of emergencies shall, in accordance with the relevant provisions, uniformly, accurately and timely release information on the development of emergencies and emergency handling.
Article 54 No unit or individual may fabricate or disseminate false information about the development of emergencies or emergency response work.
Article 55 The residents' committee, villagers' committee and other organizations in the place where an emergency occurs shall, in accordance with the decisions and orders of the local people's government, carry out publicity and mobilization, organize the masses to carry out self and mutual rescue, and assist in maintaining public order.
Article 56 Units that are endangered by natural disasters or have suffered accidents, disasters or public health events should immediately organize their own emergency rescue teams and staff to rescue the victims, evacuate, evacuate and relocate the people under threat, control the sources of danger, mark the dangerous areas, block off dangerous places, take other necessary measures to prevent the spread of the hazards, and at the same time report to the local people's government at the county level; For the social security incidents caused by the problems of the unit or the main body of which is the personnel of the unit, the relevant unit shall report the situation according to the regulations, and quickly send the person in charge to the site to carry out persuasion and persuasion.
Other units in the place where an emergency occurs shall obey the decisions and orders issued by the people's government, cooperate with the people's government in taking emergency response measures, do their own emergency rescue work well, and actively organize personnel to participate in the local emergency rescue and disposal work.
Article 57 Citizens in the place where an emergency occurs shall obey the command and arrangement of the people's government, the residents' committee, the villagers' committee or their subordinate units, cooperate with the emergency response measures taken by the people's government, actively participate in emergency rescue work and help maintain public order.
Chapter V Post Recovery and Reconstruction
Article 58 After the threats and harms of an emergency have been controlled or eliminated, the people's government that performs its duty of unified leadership or organizes the handling of the emergency shall stop implementing the emergency response measures taken in accordance with the provisions of this Law, and at the same time take or continue to take necessary measures to prevent the occurrence of natural disasters, accidental disasters, secondary and derivative events of public health events, or the re initiation of social security events.
Article 59 After the emergency response work is completed, the people's government performing the responsibility of unified leadership shall immediately organize an assessment of the losses caused by the emergency, organize the affected areas to restore production, life, work and social order as soon as possible, formulate a plan for restoration and reconstruction, and report to the people's government at the next higher level.
The people's government of the area affected by the emergency shall promptly organize and coordinate the relevant departments of public security, transportation, railway, civil aviation, post and telecommunications, and construction to restore public order, and repair the damaged public facilities such as transportation, communications, water supply, drainage, power supply, gas supply, and heat supply as soon as possible.
Article 60 If the people's government of an area affected by an emergency needs the support of the people's government at the next higher level in its work of rehabilitation and reconstruction, it may make a request to the people's government at the next higher level. The people's government at the next higher level shall, in the light of the losses suffered by the affected areas and the actual situation, provide financial, material support and technical guidance, and organize other areas to provide financial, material and human support.
Article 61 The State Council shall formulate preferential policies to support the development of relevant industries in the regions affected by the emergencies in accordance with the losses suffered by the regions.
The people's government of the area affected by the emergency shall, according to the losses suffered in the area, formulate and organize the implementation of relief, compensation, consolation, pension, resettlement and other rehabilitation work plans, and properly solve the conflicts and disputes arising from the handling of the emergency.
During the period when citizens participate in emergency rescue work or assist in maintaining social order, their wages and benefits in their own units shall remain unchanged; People's governments at or above the county level shall commend or reward those who have made outstanding achievements.
The people's governments at or above the county level shall, according to law, provide pensions for the casualties in the emergency rescue work.
Article 62 The people's government performing the function of unified leadership shall promptly find out the course and cause of the emergency, summarize the experience and lessons learned from the emergency response work, formulate improvement measures, and report to the people's government at the next higher level.
Chapter VI Legal Liabilities
Article 63 Where a local people's government at any level or a relevant department of a people's government at or above the county level, in violation of the provisions of this Law, fails to perform its statutory functions and duties, the administrative organ or supervisory organ at a higher level shall order it to rectify; Under any of the following circumstances, the person directly in charge and other persons directly responsible shall be given sanctions according to the circumstances:
(1) Failing to take preventive measures as required, resulting in emergencies, or failing to take necessary preventive measures, resulting in secondary and derivative events;
(2) Delaying, making a false report, concealing or omitting to report information about emergencies, or circulating, submitting or publishing false information, causing consequences;
(3) Failing to issue emergency alarm and take measures in the early warning period in a timely manner as required, resulting in damage;
(4) Failing to take timely measures to deal with emergencies as required or improper handling, resulting in consequences;
(5) Disobeying the unified leadership, command and coordination of the people's government at a higher level on emergency response;
(6) Failing to organize and carry out production self rescue, recovery and reconstruction and other aftermath work in a timely manner;
(7) Withholding, misappropriating, privately dividing or secretly dividing emergency rescue funds and materials in disguised form;
(8) Failing to return the property of the unit or individual requisitioned in a timely manner, or failing to compensate the unit or individual requisitioned as required.
Article 64 Where a relevant unit is under any of the following circumstances, the local people's government that performs the functions of unified leadership shall order it to suspend production or business, suspend or revoke its permit or business license, and impose a fine of not less than 50000 yuan but not more than 200000 yuan; If a violation of the administration of public security is constituted, the public security organ shall impose a penalty according to law:
(1) Failing to take preventive measures as required, resulting in serious emergencies;
(2) Failing to eliminate the hidden dangers that may cause emergencies in time, resulting in serious emergencies;
(3) Failing to do a good job in routine maintenance and testing of emergency equipment and facilities, resulting in serious emergencies or expanding the harm of emergencies;
(4) Failing to organize and carry out emergency rescue work in time after the occurrence of an emergency, causing serious consequences.
If other laws and administrative regulations provide that the relevant departments of the people's governments shall decide to punish the acts mentioned in the preceding paragraph according to law, such provisions shall prevail.
Article 65 Whoever, in violation of the provisions of this Law, fabricates and disseminates false information about the development of an emergency or the work of emergency response, or disseminates it while clearly knowing that it is false information about the development of an emergency or the work of emergency response, shall be ordered to rectify and given a warning; If serious consequences are caused, its business activities shall be suspended or its practice license shall be revoked according to law; If the persons directly responsible are state functionaries, they shall also be given sanctions according to law; If the act constitutes a violation of the administration of public security, the public security organ shall punish it according to law.
Article 66 If a unit or individual, in violation of the provisions of this Law, disobeys the decisions or orders issued by the local people's government and its relevant departments or does not cooperate with the measures taken by it according to law, which constitutes an act against the administration of public security, the public security organ shall punish it according to law.
Article 67 If a unit or individual violates the provisions of this Law, causing an emergency or expanding the harm and causing damage to the person or property of others, it or he shall bear civil liability according to law.
Article 68 Anyone who violates the provisions of this Law and constitutes a crime shall be investigated for criminal responsibility according to law.
Chapter VII Supplementary Provisions
Article 69 In the event of a particularly serious emergency, which constitutes a major threat to the safety of people's lives and property, national security, public security, environmental security or social order, and the adoption of emergency response measures as stipulated in this Law and other relevant laws, regulations and rules cannot eliminate or effectively control and mitigate its serious social harm, and it is necessary to enter a state of emergency, It shall be decided by the Standing Committee of the National People's Congress or the State Council in accordance with the limits of authority and procedures prescribed by the Constitution and other relevant laws.
Extraordinary measures taken during a state of emergency shall be implemented in accordance with the relevant laws or otherwise prescribed by the Standing Committee of the National People's Congress.
Article 70 This Law shall go into effect as of November 1, 2007.