Decree of the People's Government of Guizhou Province
The Administrative Measures of Guizhou Province for Prevention and rescue of Natural Disasters, as adopted at the 49th Standing Committee of the Provincial People’s Government on January 9, 2015, is hereby issued and shall take effect on April 1, 2015.
Provincial Governor Chen Min'er
January 29, 2015
Administrative Measures of Guizhou Province for Prevention and rescue of Natural Disasters
Chapter I General Provisions
Article 1 These Measures are formulated under the Emergency Response Law of the People's Republic of China, Regulations on the rescue of Natural Disasters, and relevant laws and regulations, in light of specific conditions of Guizhou Province for the purpose of strengthening and regulating the administration of prevention and rescue of natural disasters, protecting people's life and property, and to ensure the basic livelihood of the affected people.
Article 2 These Measures shall apply to such activities as prevention of natural disasters, emergency rescue as well as post-disaster recovery and reconstruction within the administrative area of Guizhou Province.
For the purpose of these Measures, natural disasters mainly include meteorological disasters such as drought, rainstorm, hailstorm, low temperature freezing and snow disaster, geological disasters such as earthquake, mountain collapse, landslide and debris flow, as well as forest fire and serious biological disaster.
Natural disasters are classified into four levels, i.e., extremely serious, serious, major and ordinary, according to such factors as the degree of loss and scope of impact.
Article 3 The prevention and rescue of natural disasters shall be carried out by observing the principles of people orientation and equal emphasis on prevention and rescue; government leadership and social participation; territorial administration and level-to-level assumption of responsibility; uniform leadership and comprehensive coordination; and social mutual aid and self-rescue by victims.
Article 4 The prevention and rescue of natural disasters shall be subject to executive leaders' responsibility system practiced in the people's governments at all levels. The people's government at or above the county shall establish a emergency command body consisting of the principal persons in charge of the people's governments, specific persons in charge, persons in charge of relevant departments, and the relevant persons in charge of the People's Liberation Army of China and People's Armed Police Force stationed locally as well as public security and fire control.
The provincial disaster reduction commission shall be responsible for organizing and leading the natural disaster prevention and rescue work of the whole province and coordinate the activities for prevention and rescue of natural disasters. Member entities of the provincial disaster reduction commission shall conduct the work for the prevention and rescue of natural disasters in the province within their respective scopes of functions and duties. The civil affairs department of the provincial people's government assumes the daily work of the provincial disaster reduction commission.
The disaster reduction commission at city or county level and its member entities shall organize and coordinate the work for the prevention and rescue of natural disasters within its administrative area.
Article 5 The people's governments at or above the county level shall incorporate the coordination of work for the prevention and rescue of natural disasters into local economic and social development plans, and the prevention and rescue fund as well as corresponding overhead expenses into financial budget.
Relevant departments of finance, civil affairs and auditing shall, subject to their respective functions and duties, do well the supervision and administration of the funds and materials for the prevention and rescue of natural disasters.
Article 6 The people's government at or above the county level and its disaster reduction commission shall strengthen team construction for prevention and rescue of natural disasters, and give full play to the roles of the people's liberation army, armed police force, public security, fire control, militia reserve forces, health and medical institutions, and professional rescue teams.
The departments of civil affairs, land and resources, agriculture, water conservancy, forestry, meteorology, and earthquake that are involved in the disaster shall specify disaster reporters, and villagers' committees, neighborhood committees, enterprises or public institutions shall be equipped with full-time or part-time disaster reporters.
Article 7 The people's governments at all levels shall organize and carry out publicity activities for disaster prevention, mitigation and rescue. News media shall carry out free and charitable publicity activities with respect to knowledge concerning response, self-rescue and mutual rescue in disaster prevention, reduction and rescue.
Article 8 The government shall encourage and guide social organizations and individuals to carry out activities such as prevention of natural disasters, disaster rescue as well as post-disaster recovery and reconstruction.
Entities and individuals that have made outstanding contributions to the prevention and rescue of natural disasters shall be commended and rewarded in accordance with the relevant provisions of the State.
Chapter II Disaster Prevention
Article 9 The disaster reduction commission of the people's government at or above the county level shall prepare plans for medium and long term engineering construction for disaster prevention and mitigation and non-engineering disaster mitigation, and submit to the people's government at the same level for approval before organizing implementation thereof.
Article 10 The people's government at or above the county level shall establish a disaster information platform and technical support system for disaster emergency command.
The committee of experts under the disaster reduction commission of the province, city or the county where disasters are prone to occur shall be responsible for technical consultation for disaster prevention, reduction and rescue, as well as collection, analysis and consolidation of disaster-related information, and strengthen management and evaluation of disaster-related information.
Article 11 The plans for urban and rural construction and construction of major projects shall conform to the standards and requirements of the state and province relating to disaster prevention and mitigation.
Article 12 The people's governments at county or township level and relevant departments shall make investigation, registration and risk assessment of hazard sources and areas with hidden dangers that are likely to give rise to any natural disaster within their respective administrative area, conduct periodical inspection and take preventive measures to timely bring it under control. Those residents within the dangerous areas shall be timely organized to avoid risks and be relocated.
The people's governments at county level shall coordinate the planning and establishment of emergency shelters, and strengthen the construction of comprehensive disaster reduction demonstration communities. The market towns where disasters are prone to occur and densely inhabited natural villages shall establish emergency risk avoidance places.
Article 13 The people's government at all levels and relevant departments thereof shall formulate natural disaster emergency plan for the same level and organize drills when appropriate. The villagers' committees and neighborhood committees at the places where disasters are prone to occur shall formulate comprehensive natural disaster emergency plans.
Article 14 The people's governments at all levels shall establish a sound reserve guarantee system for disaster rescue emergency supplies to improve the mechanism for production, reserve, allocation, urgent distribution and supervision for disaster rescue goods and materials.
The people's government at city and county levels as well as of township where disasters are prone to occur shall establish reserve bases for disaster relief materials in light of actual conditions.
The people's government at city and county levels shall gradually establish a severe disaster risk insurance system supported by government finance to improve a disaster risk transfer mechanism. Article 25 Entities and individuals are encouraged to participate in disaster insurances.
The people's government at or above the county level and relevant departments thereof may promote society to participate in prevention and relief of natural disasters through such means as government purchase of services.
Article 16 The administrative departments of education shall supervise and guide schools at various levels and of various types to incorporate knowledge about disaster prevention and reduction in their safety education,organizing and carrying out emergency evacuation drills on a regularly basis and fostering students' awareness for disaster prevention and reduction as well as skills for self-rescue and mutual rescue.
Article 17 Departments involved in disasters shall strengthen monitoring and early warning of natural disasters, promptly report such early warning information to the people's government at the same level or disaster reduction commission, and inform the people's government and disaster reduction commission at the place where a disaster may occur. Upon receiving the natural disaster early warning information, the people's government at or above the county level or disaster reduction commission shall promptly start early warning response and implement response measures.
Departments broadcasting and television, as well as communication shall, through such means as radio, television, mobile phone short message, electronic display screen and Internet, timely release natural disaster early warning information provided by departments involved in such disaster, and announce the specific address and routes of shelters.
Chapter III Disaster Relief
Article 18 The disaster-related departments shall, subject to relevant laws, regulations, systems and contingency plans, do well in collecting, analyzing and reporting the disaster information level by level, and such information shall not be delayed in reporting, be misreported, concealed from reporting, or omitted in reporting. Any disaster that causes death or serious property damage may be reported by bypassing the immediate authority. Before the disaster becomes stable, a daily level to level progressive reporting system shall be implemented. After the disaster becomes stable, the people's government at or above the county level or the disaster reduction committee shall promptly organize disaster consultation and assessment and verification work.
The relevant people's government or relevant departments authorized by it shall, in accordance with relevant provisions, timely release disaster-related information and disaster relief work to the society.
Article 19 Where an extreme serious natural disaster occurs, relevant people's government shall, subject to the provisions of the natural disaster relief emergency plan, initiate the natural disaster relief emergency plan; where a serious, major or ordinary natural disaster occurs, the disaster reduction commission shall initiate the natural disaster relief emergency plan.
After the natural disaster relief emergency plan is initiated, relevant people's government and departments thereof shall, subject to the functions and duties as proscribed in the plan, implement emergency relief measures to ensure the basic livelihood of the affected people during the emergency such as food, clothing, clean drinking water, temporary shelter, medical treatment and epidemic prevention.
The traffic and transportation departments, railway, civil aviation and other relevant entities shall ensure the priority passage of disaster relief and emergency supplies.
Upon the approval of the civil affairs department and traffic and transportation departments of the provincial people's government, those vehicles carrying out the emergency relief mission shall be exempted from tolls when they pass through toll roads.
Article 20 The people's governments at all levels and relevant departments in disaster-stricken areas shall organize disaster-stricken areas to carry out production and self-help and organize and do well the work of soothing and counselling the affected persons. Those affected persons whose buildings are collapsed or seriously damaged and need to be rebuilt shall be provided with transitional living relief.
Article 21 The people's governments at all levels and relevant departments in disaster-stricken areas shall do well in providing the basic living relief such as food, clothing, heating and medical care during cold winter and drought spring.
Article 22 People's governments at all levels shall establish and improve a disaster relief donation system. When an extremely serious disaster occurs, relevant people's government shall initiate the disaster relief donation plan to organize and carry out disaster relief and donation work, and promptly disclose the quantity and use of donations and materials for disaster relief to accept social supervision.
Article 23 The people's government of the disaster-stricken area shall coordinate the disaster relief and other social assistance systems, and promptly provide minimum living allowances, temporary relief and other forms of social relief to the eligible affected persons subject to the prescribed procedures.
Chapter IV Recovery and Reconstruction
Article 24 The people's governments at or above the county level shall establish evaluation systems for such issues as disaster losses, disaster relief capabilities, restoration and reconstruction and disaster relief work.
Article 25 After the disaster becomes stable, relevant people's governments shall formulate post-disaster recovery and reconstruction plans and schemes, and organize their implementation. The affected persons, enterprises and institutions shall be encouraged and organized to carry out recovery and reconstruction.
The preparation of post-disaster recovery and reconstruction plan shall, in light of the layout of local economic and social development, make overall arrangements for the establishment of urban and rural infrastructure, public facilities, public service facilities, as well as housing and barrier-free facilities so as to reasonably determine the time and scale of construction.
Article 26 The people's government of the disaster-stricken area shall make overall arrangements and formulate preferential policies and work plans for recovery and reconstruction of houses damaged by disasters and organize the implementation thereof. Departments of housing and urban-rural development and land and resources shall provide necessary technical support and guidance for the reconstruction of houses.
The construction of houses receiving government subsidies and social donations shall be organized in a fair and open manner and be subject to supervision.
Article 27 The site selection of new reconstruction project in the disaster-stricken area shall, subject to the requirements of disaster prevention and reduction, avoid potential areas for natural disasters such as flood, landslide, mountain collapse, and debris flow, as well as environmentally sensitive areas and natural epidemic focus of infectious diseases, and shall not occupy or occupy less cultivated land and forest land.
Chapter V Legal Liabily
Article 28 Where any entity, in violation of these Measures, commits any of the following acts but no crime is constituted, the persons who are directly in charge and other persons directly liable shall be punished by relevant departments depending on the circumstances involved:
(1) violating relevant provisions to cause any disaster prevention and reduction engineering facility to fail to meet the project quality requirements and affect the work of disaster prevention and reduction;
(2) failing to take disaster prevention and relief measures and taking improper measures for emergency disposal, causing heavy losses or causing secondary or derivative disasters;
(3) failing to promptly issue warnings for sudden natural disasters and take early warning measures, causing serious losses;
(4) late reporting, false reporting or concealing disaster-related information, causing consequences; or
(5) withholding, occupying, misappropriating, or partitioning without authorization any donation or materials for prevention and relief of natural disasters.
Article 29 Any functionary of state organs, in violation of any provision of these Measures, commits any of the following acts but no crime is constituted shall be given an administrative sanction according to law:
(1) not obeying unified leadership by acting without authorization or executing orders negatively, causing consequences;
(2) causing quality problems in disaster relief materials due to violation of the government procurement procedures;
(3) fabricating or disseminating false disaster-related information;
(4) taking advantage of his position to not allocate, appropriate and use disaster relief funds or materials in accordance with the regulations, or to not issue relief funds and materials in an open and transparent way, causing mass incidents and negative effects; or
(5) committing any act of abusing power, neglecting duties, practicing favoritism or engaging in malpractice.
Chapter VI Supplementary Provisions
Article 30 In case of any accident, disaster, public health incident, social security event and other emergencies occurred within the administrative area of Guizhou Province that requires any living rescue, these Measures shall apply mutatis mutandis.
Article 31 These Measures shall take effect on April 1, 2015.