Order of the President of the People’s Republic of China
No. 7
The Law of the People's Republic of China on Protecting Against and Mitigating Earthquake Disasters, amended and adopted at the 6th Meeting of the Standing Committee of the Eleventh National People’s Congress of the People’s Republic of China on December 27, 2008, is hereby promulgated and shall go into effect as of May 1, 2009.
Hu Jintao
President of the People’s Republic of China
December 27, 2008
Law of the People's Republic of China on Protecting Against and Mitigating Earthquake Disasters
(Adopted at the 29th Meeting of the Standing Committee of the Eighth National People’s Congress on December 29, 1997 and amended at the 6th Meeting of the Standing Committee of the Eleventh National People’s Congress on December 27, 2008)
Contents
Chapter I General Provisions
Chapter II Plans for Protecting Against and Mitigating Earthquake Disasters
Chapter III Earthquake Monitoring and Prediction
Chapter IV Protecting Against Earthquake Disasters
Chapter V Earthquake Emergency Rescue and Relief
Chapter VI Post-Earthquake Transitional Resettlement, Rehabilitation and Reconstruction
Chapter VII Supervision and Administration
Chapter VIII Legal Responsibility
Chapter IX Supplementary Provisions
Chapter I
General Provisions
Article 1 This Law is enacted for the purpose of protecting against and mitigating earthquake disasters, ensuring the safety of the people’s lives and property and promoting sustainable development of the economy and society.
Article 2 This Law shall be applicable to earthquake monitoring and prediction, protection against earthquake disasters, earthquake emergency rescue and relief from earthquakes, post-earthquake transitional resettlement, rehabilitation and reconstruction, and other activities which are carried out for protecting against and mitigating such disasters within the territory of the People’s Republic of China and the sea areas under its jurisdiction.
Article 3 In the effort to protect against and mitigate earthquake disasters, the principle of combining protective measures with rescue efforts while putting stress on the former shall be applied.
Article 4 People's governments at or above the county level shall improve their leadership over the work for protection against and mitigation of earthquake disasters, incorporate such work into their national economic and social development plans and include the funds needed for the work in their fiscal budgets.
Article 5 Under the leadership of the State Council, the department for seismic work under the State Council and the relevant departments for comprehensive and macro-economic regulation, construction, civil affairs, health, public security, etc., under the State Council shall join efforts and closely cooperate with each other, while acting in accordance with the division of their duties, to make a success of the work for protection against and mitigation of earthquake disasters.
The departments or institutions for seismic work and the other departments concerned under the local people's governments at or above the county level shall, under the leadership of the said people's governments, join efforts and closely cooperate with each other, while acting in accordance with the division of their duties, to make a success of the work for protection against and mitigation of earthquake disasters within their own administrative areas.
Article 6 The headquarters for earthquake rescue and relief under the State Council shall be responsible for exercising unified leadership, command and coordination in the work nationwide. The headquarters for earthquake rescue and relief under the local people’s governments at or above the county level shall be responsible for exercising unified leadership, command and coordination in the work within their own administrative areas.
The department for seismic work under the State Council and the departments or institutions for seismic work under the local people’s governments at or above the county level shall do the routine work of the headquarters for earthquake rescue and relief under the State Council or under the said people’s governments.
Article 7 People’s governments at various levels shall organize efforts to disseminate knowledge about protection against and mitigation of earthquake disasters to enhance citizens’ awareness of the importance of protection against and mitigation of earthquake disasters and increase the capacity of the entire community to protect against and mitigate earthquake disasters.
Article 8 All units and individuals are obligated to take part in activities for protecting against and mitigating earthquake disasters in accordance with law.
The State encourages and provides guidance to public organizations and individuals to carry out mass activities for monitoring and protecting against earthquake disasters.
The State encourages and provides guidance to volunteers to participate in activities for protecting against and mitigating earthquake disasters.
Article 9 The Chinese People’s Liberation Army, the Chinese People’s Armed Police Forces and the People’s Militia shall, according to the provisions of this Law and relevant laws, administrative regulations and military regulations and the orders of the State Council and the Central Military Commission, carry out the tasks of protecting against and mitigating earthquake disasters to ensure the safety of the people’s lives and property.
Article 10 The standards for protecting against and mitigating earthquake disasters formulated by the State shall be abided by in activities for protecting against and mitigating earthquake disasters.
Article 11 The State encourages and supports scientific and technological research in protection against and mitigation of earthquake disasters, gradually increases its input in such research, encourages the wide use of advanced research results and enhances international cooperation and exchange, in order to raise the level of protection against and mitigation of earthquake disasters.
Units or individuals that make outstanding contribution in protection against and mitigation of earthquake disasters shall be commended and rewarded according to the relevant regulations of the State.
Chapter II
Plans for Protecting Against and Mitigating Earthquake Disasters
Article 12 The department for seismic work under the State Council shall, in conjunction with the relevant departments under the State Council, organize efforts to formulate national plans for protecting against and mitigating earthquake disasters and organize implementation of the plans upon approval by the State Council.
The departments or institutions for seismic work under the local people’s governments at or above the county level shall, in conjunction with the relevant departments at the corresponding level, on the basis of such plans formulated by the authorities at the next higher level and in light of the actual local conditions, organize efforts to formulate such plans for their own administrative areas, and submit them to the people’s governments at the corresponding levels for approval before putting them into effect and to the departments or institutions for seismic work under the people’s governments at the next higher level for the record.
Article 13 In formulation of the plans for protecting against and mitigating earthquake disasters, attention shall be paid to adherence to the principles of overall arrangement, emphasis on key points, rational geographical distribution and all-around precautions, to taking the prediction of possible earthquake situation and earthquake disasters as the basis and to giving full consideration to the safety of people’s lives and property and the need of the economic and social development and of the resource and environment protection, etc.
The relevant departments under the local people’s governments at or above the county level shall, in accordance with the requirements for formulation of the plans for protecting against and mitigating earthquake disasters, provide the relevant data in a timely manner.
Article 14 The plan for protecting against and mitigating earthquake disasters shall include the overall situation of the possible earthquake and the overall objective of protection against and mitigation of earthquake disasters, the geographical distribution of the earthquake monitoring stations and networks, measures against earthquake disasters, measures for earthquake emergency rescue and relief and the guarantee measures including technologies, information, funds and materials for protecting against and mitigating earthquake disasters.
In formulation of the plans for protecting against and mitigating earthquake disasters, attention shall be paid to the specific arrangements for construction of earthquake monitoring stations and networks, tracking of earthquake situations, measures against earthquake disasters, preparations for earthquake emergencies and dissemination of the knowledge about protection against and mitigation of earthquake disasters, etc. in the key areas for earthquake monitoring and protection.
Article 15 Before submitting the plans for protecting against and mitigating earthquake disasters, the authorities that organize efforts to formulate the plans shall solicit opinions of the departments, units and experts concerned and of the general public.
To the documents of the plans for protecting against and mitigating earthquake disasters to be submitted for approval shall be attached the opinions adopted and the reasons for such adoption.
Article 16 Once the plans for protecting against and mitigating earthquake disasters are approved and promulgated, they shall be carried out strictly. Where revision of the plans is really necessitated due to changes in earthquake situations or requirements of economic and social development, the matter shall be submitted for approval according to the original procedures for examination and approval.
Chapter III
Earthquake Monitoring and Prediction
Article 17 The State shall improve earthquake monitoring and prediction and establish a multidisciplinary seismic monitoring system, in order to raise the level of such monitoring and prediction gradually.
Article 18 The State makes unified plans for earthquake monitoring stations and networks, and classifies them into different levels and types for administration.
The department for seismic work under the State Council and the departments or institutions for seismic work under the local people’s governments at or above the county level shall, in accordance with the relevant regulations of the State Council, work out plans for earthquake monitoring stations and networks.
The national earthquake monitoring stations or networks shall consist of the earthquake monitoring stations and networks at the national level, ones at the provincial level and ones at the city or county level. The funds needed for their construction and operation shall be included in fiscal budgets.
Article 19 Developers for major construction projects such as reservoirs, oil fields and nuclear power stations shall, in accordance with the relevant regulations of the State Council, build special earthquake monitoring stations and networks or installations for monitoring strong ground motions. The funds needed for their construction and expenses for operation shall be borne by the developers.
Article 20 Earthquake monitoring stations and networks shall be built in accordance with laws, regulations and relevant national standards in order to ensure their quality.
Article 21 Operation of the earthquake monitoring stations and networks shall not be suspended or terminated without authorization.
The units for testing, transmitting, analyzing, processing, storing and submitting earthquake monitoring information shall ensure quality and safety of such information.
The local people’s government at or above the county level shall see to it that the units concerned provide safeguards in terms of telecommunications, communications, electric power, etc. for the operation of earthquake monitoring stations and networks.
Article 22 The departments or institutions for seismic work under the local people’s governments at or above the county level along the coast shall improve submarine earthquake monitoring and forecasting. After the occurrence of an submarine earthquake, the department or institution for seismic work under the local people’s government at or above the county level shall, in a timely manner, inform the oceanic administration authority and the local maritime administration authority of the situation.
The departments or institutions for seismic work under the local people’s governments at or above the county level at the places where volcanoes are located shall improve monitoring and forecasting of volcano activities by means of the facilities and technologies for earthquake monitoring.
Article 23 The State protects the facilities for earthquake monitoring and the environment for seismicity observation in accordance with law.
No unit or individual may take illegal possession of, damage, dismantle or, without authorization, remove the facilities for earthquake monitoring. Where such facilities are destroyed, the departments or institutions for seismic work under the local people’s governments at or above the county level shall adopt emergency measures for repair in order to ensure the normal operation of such facilities.
No unit or individual may jeopardize the environment for seismicity observation. The department for seismic work under the State Council and the departments or institutions for seismic work under the local people’s governments at or above the county level shall, in conjunction with the relevant departments at the corresponding level and in accordance with the relevant regulations of the State Council, define the scope of the environment to be protected for seismicity observation and include such scope into the overall plan for land use and urban and rural plans.
Article 24 In building, expanding or rebuilding a project, attention shall be paid to avoiding damaging the facilities for earthquake monitoring and the environment for seismicity observation. Where, in construction of key projects of the State, the developer finds it really hard to avoid damaging the facilities for earthquake monitoring and the environment for seismicity observation, it shall, in compliance with the requirements of the department or institution for seismic work under the local people’s government at or above the county level, build additional anti-jamming facilities; failing that, it shall build new facilities for earthquake monitoring.
When reviewing a project to be constructed within the scope of the environment to be protected for seismic observation, before issuing a written proposal on the choice of location according to law, the department for urban and rural planning shall solicit opinions of the department or institution for seismic work. Where no written proposal on the choice of location is needed, the department for urban and rural planning shall, before issuing the permit for planned use of land for construction or the permit for planned rural construction according to law, solicit the opinions of the department or institution for seismic work.
Article 25 The department for seismic work under the State Council shall establish a sound platform for earthquake monitoring information sharing to provide services to the public.
The departments or institutions for seismic work under the local people’s governments at or above the county level shall, in a timely manner, submit earthquake monitoring information to such departments or institutions of the people’s governments at the next higher level.
The unit administering specialized earthquake monitoring stations and networks and installations for monitoring strong ground motions shall, in a timely manner, submit earthquake monitoring information to the department or institution for seismic work under the people’s government of the province, autonomous region, or municipality directly under the Central Government at the place where it is located.
Article 26 The department for seismic work under the State Council and the departments or institutions for seismic work under the local people’s governments at or above the county level shall, on the basis of the result of the research on earthquake monitoring information, forecast the place, time and magnitude of a possible earthquake.
Other units or individuals shall, in written form, submit the earthquake forecast which they derive from research to the departments or institutions for seismic work under the people’s governments at or above the county level at the places where they are located or at the places of the possible earthquake they forecast, or directly to the department for seismic work under the State Council. On receiving the written reports, the departments or institutions shall register the reports and produce receipts.
Article 27 The units or individuals that have observed abnormal phenomena which may relate to earthquake may report to the departments or institutions for seismic work under the people’s governments at or above the county level at the places where they are located, or directly to the department for seismic work under the State Council.
After receiving the aforesaid reports, the department for seismic work under the State Council or the departments or institutions for seismic work under the local people’s governments at or above the county level shall keep a record of the report and organize survey and verification in a timely manner.
Article 28 The department for seismic work under the State Council and the departments or institutions for seismic work under the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall hold consultations about the earthquake situation, inviting the relevant departments and experts and other persons concerned when necessary, to conduct comprehensive analysis and research on the forecast about the earthquake and the abnormal phenomena that may relate to earthquake and form an opinion on the earthquake situation and report the same to the people’s government at the corresponding level; if an earthquake prediction is made through consultation, such prediction shall, before it is submitted to the people’s government at the corresponding level, be examined to arrive at a conclusion attached with suggestions on measures against such a possibility.
Article 29 The State adopts the system of unified release of earthquake prediction.
Long- or medium-term earthquake prediction nationwide shall be released by the State Council. Earthquake predictions involving the areas under the jurisdiction of provinces, autonomous regions or municipalities directly under the Central Government shall, according to the procedures prescribed by the State Council, be released by the people’s governments of the provinces, autonomous regions or municipalities directly under the Central Government.
No unit or individual may release earthquake forecast to the public, except when it or he publishes the research results on the long- or medium-term tendency of seismicity or conducts relevant academic exchange. No unit or individual may release earthquake prediction or conclusions made after examination.
Article 30 The department for seismic work under the State Council shall, on the basis of the tendency of seismicity and the conclusion on the predicted earthquake disasters, submit to the State Council for approval its suggestions on delimiting key areas for earthquake monitoring and protection.
The department for seismic work under the State Council shall rigorously keep track of the earthquake situation in key areas for earthquake monitoring and protection, conduct analysis and assessment on the tendency of seismicity and put forward its annual plan for the work of protection against and mitigation of earthquake disasters and carry it out upon approval by the State Council.
Local people’s governments at or above the county level located in the key areas under earthquake monitoring and protection shall, on the basis of the annual plan for protection against and mitigation of earthquake disasters and the tendencies of the local seismicity, see to it that the relevant departments redouble their efforts in protection against and mitigation of earthquake disasters.
The departments or institutions for seismic work under the people’s governments at or above the county level located in the key areas under earthquake monitoring and protection shall increase the density of earthquake monitoring stations and networks, and make a success of the tracking of earthquake situation, mobile monitoring, and monitoring of abnormal phenomena that may relate to earthquake, and mobilize mass participation in monitoring and protection against earthquake disasters, and they shall, in a timely manner, submit relevant report to the departments or institutions for seismic work under the people’s governments at the next higher level.
Article 31 The State supports the establishment of a national system for rapid reporting of seismic intensity.
After the occurence of an earthquake, the department for seismic work under the State Council shall make a quick judgement on the seriousness of the disaster through the national system for rapid reporting of seismic intensity, to provide the basis for command of the fight against earthquake and of disaster relief.
Article 32 The department for seismic work under the State Council or the departments or institutions for seismic work under the local people’s governments at or above the county level shall conduct close monitoring in the areas hit by earthquake and provide mobile monitoring facilities at the site to make timely analysis and judegment on the tendency of seismicity on the basis of the vicissitudes of the situation, in order to provide basis for protection against aftershock.
The department for seismic work under the State Council and the departments or institutions for seismic work under the local people’s governments at or above the county level, and the units administering the earthquake monitoring stations and networks shall, in a timely manner, collect and preserve the materials and information relating to the earthquake and keep complete archives.
Article 33 To conduct earthquake monitoring activities within the territory of the People’s Republic of China and the sea areas under its jurisdiction, any foreign organization or individual shall be subject to approval by department for seismic work under the State Council in conjunction with the relevant departments and shall do the same in the form of cooperation with the relevant departments or units of the People’s Republic of China.
Chapter IV
Protecting Against Earthquake Disasters
Article 34 The department for seismic work under the State Council shall be responsible for drawing the national seismic intensity zoning map or the national ground motion parameter zoning map.
The department for seismic work under the State Council and the departments or institutions for seismic work under the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for examining the report on seismic safety assessment of construction projects and determining the requirements for fortification against earthquakes. Article 35 The projects built, expanded or rebuilt shall meet the requirements for fortification against earthquakes.
Major construction projects and the construction projects which may induce serious secondary disasters shall, according to the relevant regulations of the State Council, be subject to seismic safety assessment, and shall be fortified against earthquakes in compliance with the requirements for the same, which are set in accordance with the approved report on seismic safety assessment. The unit making seismic safety assessment of construction projects shall do so according to relevant State standards and shall be accountable for the quality of the report on such assessment.
Construction projects other than the ones mentioned in the preceding paragraph shall be fortified against earthquakes in compliance with the requirements for such fortification as specified in the seismic intensity zoning map or the ground motion parameter zoning map; with respect to construction projects, such as schools and hospitals, which accommodate large numbers of people, they shall be designed and constructed in compliance with more stringent requirements for fortification against earthquakes than the ones for construction of local housing, and effective measures shall be adopted to increase the capacity for fortification against earthquakes.
Article 36 The compulsory standards for construction projects shall dovetail with the requirements for fortification against earthquakes.
Article 37 The State encourages the people’s governments of cities to draw seismic micro-zoning maps. The department for seismic work under the State Council shall be responsible for examining and granting approval to such maps.
Article 38 The developer shall be responsible for the whole process of designing and construction of fortifications against earthquakes with respect to a project.
The designing unit shall make the design for fortification against earthquakes in compliance with the requirements for such fortification and in conformity with the compulsory standards for project construction, and shall be accountable for the quality of the design and the accuracy of the documents of the designed construction drawings it produces.
The construction unit shall construct in accordance with the documents of the designed construction drawings and in conformity with the compulsory standards for project construction, and shall be accountable for the quality of construction.
The developer and the construction unit shall use materials, components and fittings and equipment in conformity with what is specified in the documents of the designed construction drawings and relevant State standards.
The engineering supervisors shall do its work in compliance with the documents of the designed construction drawings and in conformity with the compulsory standards for project construction, and shall bear the responsibility for supervision of the quality of construction.
Article 39 With respect to the following constructed projects where no fortifications against earthquakes are built or such fortifications, although built, fail to meet the requirements, their earthquake-resistance properties shall be appraised in accordance with relevant State regulations, and the necessary measures of reinforcement shall be taken:
(1) major construction projects;
(2) construction projects which may induce serious secondary disasters;
(3) construction projects which are of great historical, scientific or artistic value or of memorable significance;
(4) construction projects, such as schools or hospitals, which accommodate large numbers of people; and
(5) construction projects which are located in the key areas under monitoring and protection against earthquakes.
Article 40 The local people’s governments at or above the county level shall exercise strict control of the fortifications against earthquakes for villagers’ houses and public facilities in the countryside, organize efforts to carry out research and development of earthquake-resistance technologies for use in rural areas, promote the wide use of construction designs and technologies that meet the requirements for fortification against earthquake and are affordable and with local characteristics, train technicians in this field and construct model projects, in order to gradually raise the level of fortification against earthquake for villagers’ houses and public facilities in the countryside.
The State provides support to the building of villagers’ houses and public facilities in the countryside which need fortification against earthquake.
Article 41 In urban and rural planning, attention shall be paid to rational location of the passageways for emergency evacuation and of the emergency shelters in the event of earthquakes and to overall arrangements for construction of infrastructure projects which are necessitated by emergency sheltering from earthquakes, such as the projects for communications, water and power supply and sewage discharge.
Article 42 The local people’s governments at or above the county level located in the key areas for earthquake monitoring and protection shall, in light of actual needs, allocate funds and materials for earthquake relief from their financial budgets and material reserve.
Article 43 The State encourages and supports research and development of and the wide use of new technologies, techniques and materials that conform to the requirements for fortification against earthquake and are affordable.
Article 44 People’s governments at the county level and the relevant departments, and the grass-roots organizations including the people’s governments of townships and towns and the neighborhood offices in cities shall make arrangements for dissemination of the knowledge about rapid response to earthquakes and for the necessary drills for earthquake emergency rescue, thus to increase citizens’ capability of self- and mutual-rescue from earthquake disasters.
Government departments, organizations, enterprises and institutions shall, according to the requirements of the local people’s governments and taking their actual conditions into consideration, strengthen education in the knowledge about rapid response to earthquakes and conduct drills for earthquake emergency rescue among their staff members.
Schools shall carry out education in the knowledge about rapid response to earthquakes and organize necessary drills for such response, in order to foster students’ awareness of the importance of safety and their capability of self- and mutual-rescue from earthquake disasters.
The media shall, for the common good, publicize the knowledge about protection against earthquake disasters, rapid response to earthquakes and self- and mutual-rescue from earthquake disasters.
The department for seismic work under the State Council and the departments or institutions for seismic work under the local people’s governments at or above the county level shall give guidance to, coordinate with and urge the relevant units, so that they do a good job of dissemination of the knowledge about protection against and mitigation of earthquake disasters and of conducting of drills for earthquake emergency rescue.
Article 45 The State develops insurance against earthquake disasters with fiscal support and encourages units and individuals to buy such insurance.
Chapter V
Earthquake Emergency Rescue and Relief
Article 46 The department for seismic work under the State Council shall, together with the departments concerned under the State Council, draw up a national precautionary plan for rapid response to earthquakes and submit it to the State Council for approval. The departments concerned under the State Council shall formulate their own precautionary plans for rapid response to earthquakes on the basis of the national plan and submit them to the department for seismic work under the State Council for the record.
Local people’s governments at or above the county level and the relevant departments and people’s governments of townships or towns shall, in accordance with relevant laws, regulations and rules and the precautionary plans for rapid response to earthquakes drawn up by the people’s governments at higher levels and the relevant departments under those governments and in light of the specific conditions of their own administrative areas, draw up such plans for their own administrative areas and their own departments. All such plans of provinces, autonomous regions, municipalities directly under the Central Government and relatively large cities shall be submitted to the department for seismic work under the State Council for the record.
The operating or administrative units for infrastructures, such as communications, railways, water conservancy, electric power and telecommunications, and for schools and hospitals which accommodate large numbers of people, and the production or management units of nuclear power stations, mines and hazardous substances that may cause secondary disasters shall draw up precautionary plans for rapid response to earthquakes and submit such plans for the record to the departments or institutions for seismic work under the people’s governments at the county level in the places where they are located.
Article 47 A precautionary plan for rapid response to earthquakes shall include the following: the organizational setup of command and its duties, the mechanism for prevention and early warning, the procedure for emergency handling, measures for rapid response and the safeguards for such response.
The precautionary plan for rapid response to earthquakes shall, according to specific conditions, be revised in a timely manner.
Article 48 After release of an earthquake prediction, the people’s government of the province, autonomous region and municipality directly under the Central Government concerned may declare that the areas covered in the prediction enter the emergency period of rapid response to an imminent earthquake; the local people's government concerned shall, in accordance with the plan for rapid response to earthquakes, see to it that the relevant departments do a good job in protecting against earthquake disasters and make good preparations for the fight against the earthquake and for disaster relief.
Article 49 According to the degree of harm done to a community and the extent of repercussions and other factors, earthquake disasters shall be classified in four grades: ordinary, relatively serious, serious and especially serious. Specifically, such classification shall be made according to the criteria laid down by the State Council.
After the occurrence of an ordinary or relatively serious earthquake, the people’s government of the city or county in the place where the earthquake occurs shall be responsible for organizing the relevant departments to launch the precautionary plan for rapid response to earthquakes; after the occurrence of a serious earthquake, the people’s government of the province, autonomous region or municipality directly under the Central Government in the place where the earthquake occurred shall be responsible for organizing the relevant departments to launch the precautionary plan for rapid response to earthquakes; and after the occurrence of an especially serious earthquake, the State Council shall be responsible for organizing the relevant departments to launch the plan for rapid response to earthquakes.
Article 50 After the occurrence of an earthquake, the headquarters for earthquake rescue and relief shall immediately organize the relevant departments and units to ascertain the losses caused by the earthquake, put forward the plan for allocating the resources for emergency rescue from the earthquake and adopt the following emergency measures:
(1) promptly organizing the rescue of the buried or trapped persons and organizing the relevant units and persons to carry out self- and mutual-rescue;
(2) promptly organizing efforts to provide first aid and coordinating the transfer and acceptance of the injured, and their treatment;
(3) promptly organizing efforts to do rush repairs of the damaged infrastructures such as the ones for communications, railways, water conservancy, power supply, and telecommunications;
(4) starting to use the emergency shelters or building makeshift shelters, and setting up stations for the supply of relief goods and materials, providing relief goods and simply-constructed or temporary houses, transferring and resettling the disaster-stricken people in a timely manner, ensuring provision of sterilized drinking water and of quality safe water, actively carrying out the work of sanitation and epidemic prevention, and making proper arrangements for the daily lives of the disaster-stricken people;
(5) promptly keeping the source of danger under control, blockading the endangered places, doing a good job of screening inspection and monitoring of and early warning against secondary disasters, and protecting against secondary disasters that may be caused by the earthquake, such as fires, floods, explosions, land slides and landslips, mud and rock flow, ground caving-in, or leakage of large amount of hypertoxic, strongly corrosive or radioactive substances, and preventing epidemics; and
(6) adopting necessary measures to maintain social order and safeguard public security.
Article 51 After the occurrence of an especially serious earthquake, the headquarters for earthquake rescue and relief under the State Council shall set up headquarters in the earthquake-stricken areas and shall, according to need, have appropriate working teams formed to exercise unified leadership, and command and coordinate efforts in the fight against the earthquake and in disaster relief.
The people’s governments at various levels and the relevant departments and units, and the Chinese People’s Liberation Army, the Chinese People’s Armed Police Forces and the People’s Militia shall, according to nified deployment, have a division of responsibilities, cooperate closely, and join efforts in emergency rescue.
Article 52 The local people’s governments at or above the county level in earthquake-stricken areas shall promptly inform the people’s governments at the next higher level of the earthquake situation and the disasters inflicted and other developments or, when necessary, do so by bypassing the people’s governments at the next higher level, and they may not delay the reporting, make a false report or conceal facts.
Information about the earthquake situation, the disasters inflicted, the fight against the earthquake, disaster relief, etc. shall, according to the relevant regulations of the State Council, be under the control of specialized departments and be released in a uniform, accurate and timely manner.
Article 53 The State encourages and gives assistance to research and development of new technologies and equipment for emergency rescue from earthquakes, allocates, transports and reserves the facilities and equipment which are essential to emergency rescue and relief, and enhances the level of such rescue and relief.
Article 54 The State Council shall set up national contingents for emergency rescue in earthquake disasters.
The people’s governments of the provinces, autonomous regions and municipalities directly under the Central Government and the people’s governments of the cities or counties located in the key areas for earthquake monitoring and protection may, in light of actual need, make the full use of the existing fire brigades and the like and, according to the principles of one brigade with multifunctions and combining full-time fighters with part-time ones, set up contingents for emergency rescue in earthquake disasters.
The contingents for emergency rescue in earthquake disasters shall be armed with the necessary equipment and apparatus, and receive training and drills, thus to increase their capacity to carry out emergency rescue in earthquake disasters.
When carrying out rescue, the contingents for emergency rescue in earthquake disasters shall first rescue the persons who are buried or trapped under the toppled buildings and structures.
Article 55 The relevant departments under the people’s governments at or above the county level shall, in compliance with the division of responsibilities, coordinate and cooperate with each other and adopt effective measures to guarantee that the contingents for emergency rescue in earthquake disasters and medical teams can promptly and efficiently carry out emergency rescue.
Article 56 The local people’s governments at or above the county level and the relevant departments under them may set up teams of volunteers for emergency rescue in earthquake disasters and provide them with training and drills in the knowledge about emergency rescue in earthquake disasters, in order to help them grasp the necessary skills and enhance their capacity for emergency rescue in earthquake disasters.
Article 57 The department for seismic work under the State Council shall, in conjunction with the relevant departments and units, take charge of coordinating foreign rescue and medical teams in emergency rescue in earthquake disasters in the People’s Republic of China.
The headquarters for earthquake rescue and relief shall exercise overall control of foreign rescue and medical teams and, in a scientific and rational manner, assign them with the tasks of emergency rescue in earthquake disasters on the basis of their specialties.
The local people’s governments at various levels in the earthquake-stricken areas shall support and cooperate with the foreign rescue and medical teams in emergency rescue activities.
Chapter VI
Post-Earthquake Transitional Resettlement, Rehabilitation and Reconstruction
Article 58 The State Council and the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, in a timely manner, organize survey on the earthquake disasters and assessment of the losses inflicted, in order to provide the basis for earthquake emergency rescue, post-earthquake transitional resettlement, rehabilitation and reconstruction.
The specific work for surveying on earthquake disasters and assessing the losses inflicted shall, in accordance with the regulations of the State Council, be undertaken by the department for seismic work under the State Council, or the departments or institutions for seismic work under the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government with the departments of finance, construction, civil affairs, etc.
Article 59 Where transitional resettlement is needed by the victims of earthquake-stricken areas, it shall be done in light of the actual conditions of such areas, on the premise that safety is ensured, and in flexible and varied ways.
Article 60 The places for transitional resettlement shall be located in areas that are easily accessible and convenient for the victims to restore production and their daily lives, and are away from earthquake active fault or regions where serious secondary disasters are likely to occur.
A transitional resettlement site shall be on a moderate scale, with the necessary measures against disasters and epidemics taken and the necessary supporting projects like infrastructures and public service facilities built, in order to ensure the victim’s safety and their basic daily necessities.
Article 61 In providing transitional resettlement, attention shall be paid to protecting the farm land as much as possible and avoiding damage to the nature reserves, drinking water source reserves and ecologically fragile regions.
The land to be used for transitional resettlement may be so arranged for temporary purposes, that is, it can be used before the relevant formalities for land use are handled according to law; if such land is not turned into land for permanent use at the expiration of the time limit for temporary use, it shall be reclaimed and returned to the original land user.
Article 62 The people’s government at the county level at the place where transitional resettlement sites are located shall organize the relevant departments to conduct strict monitoring of secondary disasters, drinking water quality, food hygiene, epidemic situation, carry out epidemiological survey, improve environmental sanitation, in order to prevent the soil and the water environment from being polluted.
The public security organs at the places where transitional resettlement sites are located shall strengthen public security administration, crack down on various kinds of illegal and criminal activities according to law, and maintain normal social order.
Article 63 The people’s governments at or above the county level and the relevant departments under them and the people’s governments of townships and towns in earthquake-stricken areas shall, in a timely manner, organize efforts to repair the damaged agricultural production facilities and provide technological guidance for agricultural production, in order to restore such production as soon as possible; they shall give priority to the enterprises that supply power, water and gas and render support to the large, backbone enterprises in their efforts to restore production, thus to provide the conditions for all-round restoration of agricultural and industrial production and business operation of the service sector.
Article 64 People’s governments at various levels shall provide stronger leadership, effective organization and coordination in post-earthquake rehabilitation and reconstruction.
The relevant departments under the people’s governments at or above the county level shall, under the leadership of the people’s governments and in compliance with the division of their duties, closely cooperate with each other, take effective measures and jointly do a good job of post-earthquake rehabilitation and reconstruction.
Article 65 The relevant departments under the State Council shall organize relevant experts to conduct survey and assessment of the mechanism of damage caused by seismic activities to the relevant construction projects, in order to provide scientific grounds for revising and improving the compulsory standards for construction projects and for taking measures for fortification against earthquakes.
Article 66 After the occurrence of an especially serious earthquake, the department for comprehensive macro-economic regulation under the State Council shall, in conjunction with the relevant departments under the State Council and the people’s governments of provinces, autonomous regions or municipalities directly under the Central Government in earthquake-stricken areas, formulate plans for post-earthquake rehabilitation and reconstruction and, upon approved by the State Council, organize implementation of the plans. After the occurrence of a serious, relatively serious, or ordinary earthquake, the people’s government of province, autonomous region, municipality directly under the Central Government in the earthquake-stricken area shall, in light of actual need, organize formulation of plans for post-earthquake rehabilitation and reconstruction.
The basic data on geology, prospecting, mapping, land, meteorology, hydrology, environment, etc. obtained through post-earthquake survey and assessment of the losses inflicted and the ground motion parameter zoning maps reviewed by the department for seismic work under the State Council shall serve as the basis for formulating plans for post-earthquake rehabilitation and reconstruction.
For formulation of the plan for post-earthquake rehabilitation and reconstruction, opinions of the relevant departments, units, experts and the public, especially of the victims in the earthquake-stricken areas, shall be solicited; for important matters, experts in the relevant fields shall be invited to make demonstrations on special subjects.
Article 67 In a plan for post-earthquake rehabilitation and reconstruction, emphasis shall, on the basis of the geological conditions and the distribution of earthquake active fault as well as the bearing capacity of resources and environment, be placed on the arrangements for the geographical distribution of cities, towns and villages, construction of infrastructures and public service facilities, for protection against and mitigation of disasters, for preservation of the ecological environment, natural resources, historical and cultural heritage, etc.
Where it is necessary to choose sites for construction of new cities, towns or villages in areas other than the earthquake-stricken ones, and for post-earthquake reconstruction of projects, attention shall be paid to conforming to the plans for post-earthquake rehabilitation and reconstruction and the requirements for fortification against earthquakes and for protection against and mitigation of disasters, to avoiding earthquake active faults or ecological fragile regions and regions where such disasters as flood, landslide, collapse, mud and rock flow and ground caving-in may occur, and natural focuses of infectious diseases.
Article 68 The people’s governments at various levels in earthquake-stricken areas shall, according to the plans for post-earthquake rehabilitation and reconstruction and the levels of local economic and social development, organize post-earthquake rehabilitation and reconstruction step by step.
Article 69 The people’s governments at or above the county level in earthquake-stricken areas shall organize the relevant departments and experts to formulate, on the basis of the earthquake disasters surveyed and the losses assessed, sorting-out and preservation plans and determine for protection the sites of typical earthquake ruins, vestiges and cultural relics, and the scope of the buildings and structures of historic value and with ethnic characteristics for protection, as well as protective measures in this regard.
The people’s governments mentioned above shall have the sites of the earthquake disasters sorted out in accordance with the sorting-out and protection plans for different zones and categories and, according to the provisions of laws, administrative regulations and the relevant State regulations, have the radioactive substances, hazardous waste and toxic chemicals appropriately sorted out, transferred to other places and treated, and they shall carry out anti-epidemic work to prevent the outbreak of epidemics and major animal epidemics.
Article 70 In post-earthquake rehabilitation and reconstruction, overall arrangements shall be made for infrastructures and urban utilities such as communications, railways, water conservancy, electric power, telecommunications, water and power supply, public service facilities such as schools, hospitals, cultural, commercial and trade services, protection against and mitigation of disasters, and environment protection, as well as construction of housing and barrier-free facilities. The construction scope and the sequence of time for construction shall rationally be arranged.
In post-earthquake rehabilitation and reconstruction of rural areas, attention shall be paid to respecting the wishes of the villagers, giving play to the role of their self-governance organizations, making the masses the main force in their own reconstruction with the governments providing subsidies and the communities giving assistance, and by arranging one-on-one support, adapting measures to local conditions, economizing on the use of land and making intensive use of land, and preserving arable land.
In post-earthquake rehabilitation and reconstruction of the areas where ethnic peoples live in communities, attention shall be paid to respecting the wishes of the local people.
Article 71 The people’s governments at or above the county level in earthquake-stricken areas shall organize relevant departments and units to salvage, protect, collect and sort out relevant files and materials and, in a timely manner, supplement and restore the ones that are lost, damaged or destroyed in the earthquake.
Article 72 The principle of combing the leading role of the government with public participation and market operation shall be adhered to the post-earthquake rehabilitation and reconstruction.
The people’s governments at various levels in earthquake-stricken areas shall mobilize the afflicted people and enterprises to provide for and help themselves through production, rely on their own efforts, and work hard and practise economy in order to restore production at an earlier date.
The State gives financial support to, adapts preferential tax policies for and provides monetary aid to post-earthquake rehabilitation and reconstruction, and provides support in terms of materials, technologies, human resources, etc.
Article 73 The people’s governments at various levels in earthquake-stricken areas shall mobilize people to do a good job of providing aid, giving medical treatment, helping people to recover their health, making up the losses, offering consolation, compensating bereaved families, helping with resettlement, and providing psychological aid, legal and public cultural services, etc.
People’s governments at various levels and the relevant departments shall do a good job of helping afflicted people to find jobs, and encourage enterprises and institutions, when providing employment, to give priority to afflicted people who meet their requirements.
Article 74 In handling the matters that are subject to administrative examination and approval in respect of post-earthquake rehabilitation and reconstruction, the people’s governments and the relevant departments that have the power of examination and approval shall, according to law and in a timely manner, handle those matters in adherence to the principles of convenience to the masses, simplified procedure and high efficiency.
Chapter VII
Supervision and Administration
Article 75 The people’s governments at or above the county level shall, according to law, conduct strict supervision and inspection in respect of the formulation and implementation of the plans for protection against and mitigation of earthquake disasters and plans for rapid response to earthquakes, the provision and management of emergency shelters for earthquakes, the training of the emergency rescue teams for earthquake disasters, the dissemination of the knowledge about protection against and mitigation of earthquake disasters, the conducting of drills for earthquake emergency rescue, etc.
The relevant departments under the people’s governments at or above the county level shall conduct strict supervision and inspection of the quality and safety of the goods and materials used for the earthquake emergency rescue and for post-earthquake transitional resettlement and rehabilitation and reconstruction.
Article 76 The relevant departments such as the departments of construction, communications, railways, water conservancy, electric power, earthquake under the people’s governments at or above the county level shall, in compliance with their division of duties, conduct strict supervision and inspection in respect of implementation of the compulsory standards for project construction, fulfillment of the requirements for fortification against earthquakes and seismic safety assessment.
Article 77 Taking illegal possession of, withholding or misappropriating the funds or materials set aside for earthquake emergency rescue and relief, post-earthquake transitional resettlement and rehabilitation and reconstruction are prohibited.
The relevant departments under the people’s governments at or above the county level shall, in accordance with law, strictly control and oversee the use of the funds and materials set aside for earthquake emergency rescue and relief, post-earthquake transitional resettlement and rehabilitation and reconstruction and the money and goods donated by the public, and make it known to the public, register the funds and materials raised and collected, distributed, appropriated and used and keep complete files on the same.
Article 78 The people’s governments at various levels in earthquake-stricken areas shall regularly release information about the sources, quantities, distribution and use of the funds and materials for earthquake emergency rescue and relief, and post-earthquake transitional resettlement, rehabilitation and reconstruction and of the money and goods donated by the public to accept public supervision.
Article 79 Audit organs shall conduct strict auditing of the raising, distribution, appropriation and use of the funds and materials for earthquake emergency rescue and relief, post-earthquake transitional resettlement, rehabilitation and reconstruction, and release information about the results of auditing in a timely manner.
Article 80 Supervisory organs shall exercise strict supervision of the government departments and their staff members involved in the work of protection against and mitigation of earthquake disasters, and the organizations authorized with the function of public affairs administration by laws or regulations and their staff members involved in the same.
Article 81 All units and individuals shall have the right to report any illegal act committed in the fight against and mitigation of earthquake disasters.
The people’s governments or the relevant departments that have received such reports shall make investigation, handle them according to law and keep the informants confidential.
Chapter VIII
Legal Responsibility
Article 82 Where the department for seismic work under the State Council, the departments or institutions for seismic work under the people’s governments at or above the county level and other departments exercising the power of supervision and administration according to the provisions of this Law fail to make decisions on granting administrative permission or to issue approval documents according to law, or fail to investigate and deal with violations of law discovered themselves or reported by others, or fail to perform their other duties according to the provisions of this Law, the principal leading persons directly in charge and the other persons directly responsible shall be given sanctions according to law.
Article 83 Where a unit establishing earthquake monitoring stations or networks fails to do so in compliance with laws, regulations and relevant State standards, it shall be instructed to rectify and to take appropriate remedial measures by the department for seismic work under the State Council or the departments or institutions for seismic work under the people’s governments at or above the county level; the principal leading persons directly in charge and the other persons directly responsible shall be given sanctions according to law.
Article 84 where a unit or individual, in violation of the provisions of this Law, commits one of the following acts, it or he shall be instructed to cease and desist from such act, to restore to the original state or to take other remedial measures by the department for seismic work under the State Council or the departments or institutions for seismic work under the local people’s governments at or above the county level; if losses are caused, it or he shall be liable for compensation according to law:
(1) taking illegal possession of, damaging, dismantling or, without authorization, removing facilities for earthquake monitoring;
(2) jeopardizing the environment for earthquake monitoring; or
(3) destroying typical earthquake ruins and vestiges.
If a unit commits one of the acts mentioned in the preceding paragraph and the circumstances are serious, it shall be fined not less than RMB 20,000 yuan but not more than 200,000 yuan; if an individual commits the same and the circumstances are serious, he shall be fined not more than 2,000 yuan. If such act constitutes a violation of the regulations for administration of public security, it or he shall be penalized by the public security organ according to law.
Article 85 Where a unit, in violation of the provisions of this Law, fails to build additional anti-jamming facilities in conformity with relevant requirements or builds new facilities for earthquake monitoring, it shall be instructed to rectify within a time limit by the department for seismic work under the State Council or the department or institution for seismic work under the people’s government at or above the county level; if it fails to rectify on the expiration of the prescribed time limit, it shall be fined not less than 20,000 yuan but not more than 200,000 yuan; if losses are caused, it shall be liable for compensation according to law.
Article 86 Where, in violation the provisions of this Law, a foreign organization or individual engages in earthquake monitoring within the territory of the People’s Republic of China and the sea areas under its jurisdiction without approval, the department for seismic work under the State Council shall instruct it or him to cease the illegal act, confiscate its or his monitoring results and facilities and impose on it or him a fine of not less than 10,000 yuan but not more than 100,000 yuan; if the circumstances are serious, it or he shall be fined not less than 100,000 yuan but not more than 500,000 yuan.
If a foreign national who commits the act mentioned in the preceding paragraph, he shall, in addition to the penalty prescribed in the preceding paragraph, the period of his stay in the People’s Republic of China shall be shortened or he shall be disqualified from residing in the People’s Republic of China in accordance with the provisions of laws on control of the entry and exit of aliens; if the circumstances are serious, he shall be ordered to leave the country within a time limit or be deported from the country.
Article 87 Where a unit fails to have seismic safety assessment made with respect to its construction projects or to have the construction projects fortified against earthquakes in compliance with the requirements for the same laid down in the report on seismic safety assessment, it shall be instructed to rectify within a time limit by the department for seismic work under the State Council or the department or institution for seismic work under the local people’s government at or above the county level; if it fails to rectify on the expiration of the prescribed time limit, it shall be fined not less than 30,000 yuan but not more than 300,000 yuan.
Article 88 Where a unit or individual, in violation of the provisions of this Law, releases earthquake forecast or prediction or conclusions made after review, or disrupt social order in the course of post-earthquake transitional resettlements or rehabilitation and reconstruction, which constitutes a violation of the regulations for administration of public security, he shall be penalized by the public security organ according to law.
Article 89 Where the local people’s government at or above the county level delays reporting, makes a false report or conceals the facts of the earthquake situation and disasters, it shall be instructed to rectify by the people’s government at a higher level; the principal leading person directly in charge and the other persons directly responsible shall be given sanctions according to law.
Article 90 Where a unit or individual takes illegal possession of, withholds or misappropriates the funds or materials for earthquake emergency rescue and relief, post-earthquake transitional resettlement, rehabilitation and reconstruction, the department of finance and the audit organ shall, within the limits of their respective duties, order the violator to rectify, recover the funds or materials illegally possessed, withheld or misappropriated, confiscate the illegal gains, if any; give a disciplinary warning or circulate a notice of criticism in respect of the unit involved; and, in accordance with law, give sanctions to the principal leading person directly in charge and the other persons directly responsible.
Article 91 Where a violation of the provisions of this Law constitutes a crime, criminal responsibility shall be investigated for according to law.
Chapter IX
Supplementary Provisions
Article 92 For the purposes of this Law, the follow terms mean:
(1) The earthquake monitoring facilities include the equipment, instruments and devices used for checking, transmitting and processing earthquake information, and the supporting grounds for monitoring.
(2) The environment for seismicity observation refers to the space that is delimited, in accordance with relevant State standards, to guarantee that the facilities for earthquake monitoring are jam proof and function normally.
(3) The major construction projects are projects which are of great value to or have a vital bearing on the society.
(4) The construction projects which may induce serious secondary disasters refer to projects which may, as a result of earthquake damage, lead to flood, fire, explosion, leak of a large amount of hypertoxic, strong corrosive or radioactive substances and other serious secondary disasters, including such projects as huge reservoirs and dams, petroleum and gas tanks and the facilities storing inflammables or explosives, hypertoxic, strong corrosive or radioactive substances and other construction projects which may induce serious secondary disasters.
(5) The seismic intensity zoning map refers to a map in which the country is divided into different zones with different requirements for fortification against earthquakes, with the earthquake intensity (which means the influence of earthquakes shown by grades) as the index.
(6) The ground motion parameter zoning map refers to a map in which the country is divided into different zones with different requirements for fortification against earthquakes, with ground motion parameters (which means the extent of earthquakes shown by acceleration) as the index.
(7) The seismic micro-zoning map refers to a map in which an area is elaborately divided into different zones with different requirements for fortification against earthquakes according to specific conditions of that area.
Article 93 This Law shall go into effect as of May 1, 2009.