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Order of President of the People＇s
Republic of China
No.69
The Emergency Response Law of the People’s Republic
of China has been approved in the 29th meeting of Standing Committee of the 10th
National People's Congress on Aug. 30, 2007. It is now promulgated and shall
come into force from the Nov. 1, 2007.
President of the People's Republic of China: Hu
Jintao
Aug.30,2007
Emergency Response Law of the People's Republic of
China
(Adopted at the 29th meeting of Standing Committee
of the 10th National People's Congress on Aug. 30, 2007)
Content
Chapter I General Provisions
Chapter II Prevention & Emergency
Preparation
Chapter III Monitoring and Prewarning
Chapter IV Emergency Disposition and Rescue
Chapter V Emergency Recovery and Reconstruction
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted for preventing and
decreasing the occurrence of emergency events, and therefore controlling,
relieving and eliminating the severe social damage they caused, and regulating
the emergency response to protect the safety of life and property of the people
and safeguard the national security, public safety, environment safety and
social order.
Article 2 This Law is applicable for the prevention
& emergency preparation, monitoring and prewarning, emergency disposition
and rescue, emergency recovery and reconstruction or similar responding actions
for emergency events.
Article 3 The emergency event defined herein refers
to the natural disaster, accident disaster, public health event and social
safety event that is accidentally occurred, and resulting in or possible causing
severe damage to society, and therefore requires emergency response.
The natural disaster, accident disaster and public
health event have four levels of especial severe, highly severe, severer and
general severe regarding to the damage to the society, and range of influence or
like. For otherwise regulation in the laws, administrative regulations or by
State Council existing, such regulation shall be followed.
The standard for levels of emergency events is
subject to the State Council or the department specified by the State
Council.
Article 4 The State will establish the emergency
management mechanism with unified leadership, general coordination, management
by classification, responsibility by levels and administration by
jurisdiction.
Article 5 The emergency response will follow the
principle of prevention dominance and combination of prevention and emergency
action. The State shall set up severe emergency risk assessment system to make
comprehensive evaluation on the possible emergency events and therefore reduce
the occurrence of severe emergency and maximally mitigate the influence of
severe emergency.
Article 6 The State shall set up effective social
mobilization mechanism to strengthen the civil consciousness on public safety
and risk prevention, and promote the capability of risk avoidance and rescue of
the society as a whole.
Article 7 The People's Government at county level
shall be responsible for the response to emergency events occurred in its
jurisdiction; in case of the said event concerning to more than 2 administrative
areas, the people's government of them in common at upper level shall be
responsible for, or the respective people's government of them at upper level
shall be jointly responsible for the response.
After the occurrence of emergency event, the
people's government at county level of the event site shall take responding
actions immediately to control the development and organize the emergency rescue
and disposition work while reporting to the people's government at upper level,
or to the one over the head of government.
In case that the people's government at county level
of the event site is unable to eliminate or effective control the severe damage
to the society arose from the emergency, the people's government at upper level
should be reported in time. The people's government at upper level should take
actions immediately and organize the emergency response under unified
leadership.
Where the relevant department under the State
Council is specified to be responsible for the emergency response according to
the laws and administrative regulations, such regulations shall be observed; and
the local people's government shall actively provide cooperation and necessary
support.
Article 8 The State Council should study, make
decision and deploy the especial severe emergency response under the leadership
of Premier. According to the actual need, the National Emergency Response
Commanding Department shall be set up to be responsible for the emergency
response, or if necessary, the State Council may dispatch the work team to
instruct the work concerned.
The local government at or above county level shall
establish the Emergency Response Commanding Department consisting of the
principals of government and relevant departments at that level, and the
directors of local CPLA and CPAPF to organize and take the emergency response
under the unified leadership and coordinate with the relevant departments of the
government at the same level and lower level. Upon the need, the Emergency
Response Commanding Office for corresponding nature of emergency should be set
up to organize, coordinate and command the emergency response.
The competent department of government at upper
level shall, within the responsibility, instruct and assist the government at
lower level and its relevant departments in emergency response.
Article 9 The State Council and the local government
at or above the county level is the administrative authority for emergency
response, the responsible office and concrete responsibility of which will be
defined by the State Council.
Article 10 The decision and order made by the
government and its departments for the emergency order shall be immediately
released.
Article 11 The actions taken by the government and
its departments concerned as emergency response shall be appropriate to the
emergency event in terms of the nature, degree and extent it may caused to the
society. If multiple actions are available, the one that could maximally benefit
and protect the rights and interests of the citizens, corporates and other
organizations should be employed.
The citizens, corporates and other organizations are
obliged to participate in the response work for emergency.
Article 12 For responding to the emergency, the
relevant government and its departments may requisition the property of
institution and individual. The property requisitioned after use or after the
completion of emergency disposition shall be timely returned; the institution or
individual should be indemnified for the property damaged or lost after
requisition.
Article 13 If the suit, administrative
reconsideration or arbitration can't be normally proceeded with owing to the
emergency response, the suspension of time bar and suspension of proceedings
will be applicable, unless it is otherwise stipulated in the law.
Article 14 The CPLA, CPAPF and militia organization
shall participate in the emergency rescue and disposition according to this law,
other relevant laws, administrative regulations, military regulations and the
order of State Council and Central Military Commission.
Article 15 The government of P.R.C will have
cooperation and exchange with foreign governments and relevant international
organizations in respect of the prevention, monitoring & prewarning,
emergency disposition and rescue, emergency recovery and reconstruction of the
emergency events.
Article 16 The decision and order given by the
government at or above county level shall be submitted to Standing Committee of
People's Congress at the same level for recording. After the completion of
emergency disposition, the special work report should be made for the Standing
Committee of People's Congress at the same level. | 
