Decree of the President of the People's Republic of China
Twenty-fifth
The Emergency Response Law of the People's Republic of China, which was amended and passed by the Standing Committee of the 14th National People's Congress of the People's Republic of China at its 10th Session on June 28, 2024, is hereby promulgated to take effect on November 1, 2024.
President of the People's Republic of China Xi Jinping
June 28, 2024
Emergency Response Law of the People's Republic of China
(Adopted at the 29th Session of the Standing Committee of the 10th National People's Congress on August 30, 2007 and amended at the 10th Session of the Standing Committee of the 14th National People's Congress on June 28, 2024)
directory
Chapter I: General Provisions
Chapter II: Management and Command System
Chapter III: Prevention and Emergency Preparedness
Chapter IV: Monitoring and Early Warning
Chapter V: Emergency Response and Rescue
Chapter VI Post-Incident Recovery and Reconstruction
Chapter VII: Legal Responsibility
Chapter VIII: Supplementary Provisions
Chapter I: General Provisions
Article 1: This Law is formulated on the basis of the Constitution so as to prevent and reduce the occurrence of emergencies, to control, mitigate, and eliminate serious social harm caused by emergencies, to increase emergency prevention and response capabilities, to regulate emergency response activities, to protect the safety of people's lives and property, and to preserve national security, public safety, ecological and environmental security, and social order.
Article 2: "Emergencies" as used in this Law refers to natural disasters, accidents, public health incidents, and social security incidents that occur suddenly, cause or might cause serious harm to society, and require emergency response measures to be taken to deal with them.
This Law applies to response activities such as emergency prevention and emergency preparedness, monitoring and early warning, emergency response and rescue, and post-incident recovery and reconstruction.
Where the "Law of the People's Republic of China on the Prevention and Treatment of Infectious Diseases" and other relevant laws make provisions on response to public health emergencies, those provisions shall apply. Where there are no provisions in the relevant laws, this law applies.
Article 3: According to factors such as the degree of harm to society and the scope of impact, sudden natural disasters, accident disasters, and public health incidents are classified into four levels: particularly significant, major, relatively large, and general. Where laws, administrative regulations, or the State Council provide otherwise, follow those provisions.
The grading standards for emergencies are to be formulated by the State Council or the departments designated by the State Council.
Article 4: Emergency response efforts adhere to the leadership of the Communist Party of China, persist in using Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of the "Three Represents", the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era as guidance, establish and complete a centralized, unified, efficient, and authoritative leadership system for emergency response work with Chinese characteristics, and improve governance systems with Party committee leadership, government responsibility, departmental linkage, military-civilian cooperation, social coordination, public participation, scientific and technological support, and rule of law safeguards.
Article 5: Emergency response efforts shall adhere to the overall national security outlook and coordinate development and security; insist on the supremacy of the people and the supremacy of life; Adhere to the scientific response in accordance with the law, respect and protect human rights; Adhere to the principle of prevention first, and the combination of prevention and emergency response.
Article 6: The State is to establish effective mechanisms for social mobilization, organizing and mobilizing enterprises, public institutions, social organizations, volunteers, and other forces to participate in emergency response efforts in an orderly manner in accordance with law, to increase the public's awareness of public safety and risk prevention, and to increase the entire society's ability to avoid danger and provide assistance.
Article 7: The State is to establish and complete a system for the release of emergency information. Relevant people's governments and departments shall promptly release to the public information related to emergencies and information such as decisions, orders, and measures related to emergency response.
Units and individuals must not fabricate or intentionally disseminate false information about emergencies. Where relevant people's governments and departments discover false or incomplete information that impacts or might impact social stability or disrupt the order of social and economic management, they shall promptly release accurate information to clarify it.
Article 8: The State is to establish and complete systems for news coverage and reporting of breaking news. Relevant people's governments and departments shall do a good job of guiding news media services, and support news media in carrying out news media coverage and public opinion supervision.
News media's coverage of emergencies shall be timely, accurate, objective, and fair.
The news media shall carry out public interest publicity on emergency response laws and regulations, prevention and emergency response, self-help and mutual rescue knowledge, and so forth.
Article 9: The State is to establish a system for complaints and reports in response to emergencies, and publish uniform methods for complaints and reports.
Any unit or individual has the right to make a complaint or report to the relevant people's governments and departments for acts that do not perform or incorrectly perform their duties in responding to emergencies.
People's governments and departments that receive complaints or reports shall immediately organize an investigation and handling in accordance with provisions, and inform the complainant or informant of the outcome of the investigation and handling in an appropriate manner; Where complaints or reports do not belong to their duties, they shall be promptly transferred to the relevant organs for handling.
Relevant people's governments and departments shall keep confidential the relevant information of complainants and informants, and protect the lawful rights and interests of complainants and informants.
Article 10: Emergency response measures shall be commensurate with the nature, extent, and scope of social harm that may be caused by the emergency; Where there are multiple measures to choose from, measures that are conducive to protecting the rights and interests of citizens, legal persons, and other organizations to the greatest extent possible, and that cause less harm to the rights and interests of others and have less impact on the ecological environment, shall be selected and promptly adjusted as circumstances change, so as to be scientific, accurate, and effective.
Article 11: In emergency response efforts, the state shall give special and priority protections to groups such as minors, the elderly, persons with disabilities, women who are pregnant, giving birth or breastfeeding, and injured or sick persons who need prompt medical treatment.
Article 12: People's governments at or above the county level and their departments may requisition the equipment, facilities, venues, means of transportation, and other property of units and individuals in order to respond to the urgent needs of emergencies. Requisitioned property shall be promptly returned after the use is completed or after the emergency response work is completed. Where property is requisitioned or damaged or lost after requisition, fair and reasonable compensation shall be given.
Article 13: Where activities such as litigation, supervision and investigation, administrative reconsideration, arbitration, and state compensation cannot be carried out normally due to the adoption of emergency response measures in accordance with law, the provisions on suspension of the statute of limitations and suspension of procedures apply, except as otherwise provided by law.
Article 14 The Government of the People's Republic of China shall carry out cooperation and exchanges with foreign governments and relevant international organizations in the areas of emergency prevention and emergency preparedness, monitoring and early warning, emergency response and rescue, and post-incident recovery and reconstruction.
Article 15: Units and individuals that have made outstanding contributions to emergency response efforts are to be commended and rewarded in accordance with relevant state provisions.
Chapter II: Management and Command System
Article 16: The State is to establish an emergency management system with unified command, both special and regular, responsive, and linked from top to bottom, as well as a work system of comprehensive coordination, categorical management, hierarchical responsibility, and territorial management.
Article 17: The people's governments at the county level are responsible for the response and management of emergencies within their respective administrative regions. After an emergency occurs, the people's government at the county level where it occurs shall immediately take measures to control the development of the situation, organize and carry out emergency rescue and handling efforts, and immediately report to the people's government at the level above, and when necessary, may report to the next higher level, and where conditions permit, shall conduct a direct online report or an automatic quick report.
Where the people's government at the county level at the place where the emergency occurs 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 the level above. The people's government at the level above shall promptly take measures to uniformly lead emergency response efforts.
Where laws and administrative regulations provide that the relevant departments of the State Council are responsible for emergency response and management efforts, follow those provisions; Local people's governments shall actively cooperate and provide necessary support.
Article 18: Where an emergency involves two or more administrative regions, the response and management work shall be the responsibility of the people's government at the level above the relevant administrative region, or by the people's government at the level above the relevant administrative region. The jointly responsible people's governments shall, in accordance with relevant state provisions, establish mechanisms for information sharing and coordination. According to the need to jointly respond to emergencies, local people's governments may establish a coordinated response mechanism.
Article 19: The people's governments at or above the county level are the administrative leading organs for emergency response and management.
Under the leadership of the Premier, the State Council studies, decides and deploys responses to particularly major emergencies; According to actual needs, establish a national emergency command organization to be responsible for emergency response; When necessary, the State Council may dispatch a working group to guide the relevant work.
Local people's governments at or above the county level shall establish emergency response command bodies composed of the principal responsible persons of the people's governments at the same level, the heads of relevant departments, the national comprehensive fire rescue team, and the relevant responsible persons of the Chinese People's Liberation Army and the Chinese People's Armed Police Force stationed in the local area, to uniformly lead and coordinate the relevant departments of the people's governments at the same level and the people's governments at lower levels to carry out emergency response work; According to actual needs, establish relevant types of emergency command bodies to organize, coordinate, and direct emergency response work.
Article 20: In the course of responding to emergencies, emergency command bodies may issue decisions, orders, and measures related to emergency response in accordance with law. The decisions, orders, and measures issued by the emergency command organization shall have the same effect as those issued by the people's government that established it, and the legal responsibility shall be borne by the people's government that established it.
Article 21: The emergency management departments of people's governments at the county level or above and relevant departments such as for health and public security shall, within the scope of their respective duties, do a good job of emergency response and management work, and guide and assist lower level people's governments and their corresponding departments in doing a good job of response and management of relevant emergencies.
Article 22: Township-level people's governments and neighborhood offices shall specify special work forces and be responsible for emergency response work.
Residents' committees and villagers' committees shall assist the people's governments and relevant departments in responding to emergencies in accordance with law.
Article 23: Citizens, legal persons, and other organizations have the obligation to participate in emergency response efforts.
Article 24: The Chinese People's Liberation Army, the Chinese People's Armed Police Force and militia organizations participate in emergency rescue and handling of emergencies in accordance with the provisions of this Law and other relevant laws, administrative regulations, and military regulations, as well as the orders of the State Council and the Central Military Commission.
Article 25: Decisions, orders, and measures related to emergency response issued by people's governments at or above the county level and the emergency command bodies established by them shall be promptly reported to the Standing Committee of the people's congress at the corresponding level 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 III: Prevention and Emergency Preparedness
Article 26: The State is to establish and complete an emergency response plan system.
The State Council formulates an overall emergency response plan for national emergencies and organizes the formulation of special emergency response plans for national emergencies; The relevant departments of the State Council shall, on the basis of their respective duties and the relevant emergency response plans of the State Council, formulate emergency response plans for national emergency departments and report them to the State Council for the record.
Local people's governments at all levels and relevant departments of local people's governments at or above the county level shall, on the basis of 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 respective regions and departments, formulate corresponding emergency response plans and file them for the record in accordance with the relevant provisions of the State Council.
Article 27: The emergency management departments of the people's governments at or above the county level shall guide the establishment of an emergency response plan system, comprehensively coordinate the connection of emergency response plans, and enhance the cohesion and effectiveness of relevant emergency response plans.
Article 28: Emergency response plans shall, in accordance with the provisions of this Law and other relevant laws and regulations, specifically stipulate the organization and command system and responsibilities for emergency response and management work, as well as the prevention and early warning mechanisms, handling procedures, emergency safeguard measures, and post-incident recovery and reconstruction measures, in view of the nature and characteristics of the emergency and the social harm that may be caused.
The organ formulating the emergency response plan shall extensively listen to the opinions of relevant departments, units, experts and all aspects of society, enhance the pertinence and operability of the emergency response plan, and promptly revise the emergency response plan based on actual needs, changes in the situation, problems found in emergency drills, and so forth.
The State Council shall stipulate the procedures and management measures for the formulation, revision, and filing of emergency response plans.
Article 29: People's governments at the county level or above shall include emergency response efforts in their citizens' economic and social development plans. The relevant departments of the people's governments at or above the county level shall formulate plans for the establishment of emergency response systems.
Article 30: Territorial spatial planning and other plans shall meet the needs of preventing and handling emergencies, make overall arrangements for the construction of equipment and infrastructure necessary for emergency response efforts, reasonably designate places for emergency refuge, closed isolation, emergency medical treatment, and so forth, to bring about the mutual conversion of routine use and emergency use.
Article 31: The emergency management department of the State Council, in conjunction with departments such as for health, natural resources, and housing and urban-rural development, is to coordinate and guide the construction and management of emergency shelters nationwide, and establish and complete a system of standards for emergency shelters. Local people's governments at the county level or above are responsible for the planning, construction, and management of emergency shelters within their respective administrative regions.
Article 32: The State is to establish and complete a risk assessment system for emergencies, conduct a comprehensive assessment of possible emergencies, and employ effective preventive measures in a targeted manner to reduce the occurrence of emergencies and minimize the impact of emergencies.
Article 33: The people's governments at the county level shall investigate, register, and assess the risks of sources and dangerous areas within their respective administrative regions that are likely to cause natural disasters, accidents, disasters, and public health incidents, conduct regular inspections and monitoring, and order relevant units to take safety precautions.
The people's governments at the provincial level and at the level of cities divided into districts shall investigate, register, and assess the risk of hazards and areas within their respective administrative areas that are likely to cause particularly major or major emergencies, organize inspections and monitoring, and order relevant units to take safety precautions.
Local people's governments at or above the county level shall, in light of changes in the situation, promptly adjust the registration of sources of danger and dangerous areas. Registered sources of danger, hazardous areas, and their basic information shall be accessed to the emergency information system in accordance with relevant state provisions, and promptly released to the public.
Article 34: County-level people's governments and their relevant departments, township-level people's governments, neighborhood offices, residents' committees, and villagers' committees shall promptly mediate and handle conflicts and disputes that might lead to social security incidents.
Article 35 All units shall establish and improve the safety management system, carry out hazard identification and assessment on a regular basis, and formulate safety precautionary measures; Regularly inspect the implementation of various safety precautions of the unit, and eliminate potential accidents in a timely manner; grasp and promptly deal with the problems existing in the unit that may lead to social security incidents, and prevent the intensification of contradictions and the expansion of the situation; Emergencies that may occur in the unit and the situation of taking safety precautions shall be promptly reported to the local people's government or relevant departments in accordance with regulations.
Article 36 Mining, metal smelting, construction units, and units producing, trading, transporting, storing, and using flammable and explosive materials, hazardous chemicals, radioactive materials, and other dangerous goods shall formulate specific emergency response plans, equip them with necessary emergency rescue equipment, equipment, and materials, and carry out hidden danger investigations on production and business sites, buildings and structures with dangerous goods, and the surrounding environment, and take timely measures to control risks and eliminate hidden dangers, so as to prevent the occurrence of emergencies.
Article 37: Business units or management units of public transport, public places, and other crowded places shall formulate specific emergency response plans, equip the means of transport and relevant venues with alarm devices and necessary emergency rescue equipment and facilities, indicate how to use them, and conspicuously indicate the passages and routes for safe evacuation, and ensure the smooth flow of safe passages and exits.
Relevant units shall regularly inspect and maintain their alarm devices and emergency rescue equipment and facilities, so that they are in good condition and ensure normal use.
Article 38: People's governments at the county level or above shall establish and complete emergency response management training systems, and conduct regular training for the staff of the people's governments and their relevant departments responsible for emergency response management, as well as the relevant personnel of residents' committees and villagers' committees.
Article 39 The national comprehensive fire and rescue team is the comprehensive standing backbone force of emergency rescue, and shall carry out comprehensive emergency rescue tasks in accordance with the relevant provisions of the State. The relevant departments of people's governments at or above the county level may establish professional emergency rescue teams based on actual needs.
People's governments at the county level or above and their relevant departments may establish emergency rescue teams composed of adult volunteers. Township-level people's governments, neighborhood offices, and resident committees and villagers' committees that have the capacity may establish grassroots emergency rescue teams to carry out emergency rescue in a timely manner and nearby. Units shall establish full-time or part-time emergency rescue teams composed of employees of the unit.
The State encourages and supports social forces in establishing emergency rescue teams that provide socialized emergency rescue services. Emergency rescue teams established by social forces participating in emergency response efforts shall obey the unified command of the people's governments and emergency command bodies that perform unified leadership duties or organize the handling of emergencies.
People's governments at the county level or above shall promote joint training and drills between professional and non-professional emergency rescue teams, to increase the capacity for synthetic and coordinated emergency response.
Article 40: Local people's governments at all levels, relevant departments of people's governments at the county level or above, and relevant units shall purchase personal accident insurance for the emergency rescue teams they have formed, and equip them with necessary protective equipment and equipment to prevent and reduce the risk of personal injury to emergency rescue personnel.
Professional emergency rescue personnel shall possess the corresponding physical conditions, professional skills and psychological qualities, and obtain the emergency rescue professional qualifications provided for by the State, and the specific measures shall be formulated by the emergency management department of the State Council in conjunction with the relevant departments of the State Council.
Article 41: The Chinese People's Liberation Army, Chinese People's Armed Police Forces, and militia organizations shall organize and carry out specialized training for emergency rescue in a planned manner.
Article 42: The people's governments at the county level and their relevant departments, the people's governments at the township level, and the neighborhood offices shall organize and carry out emergency knowledge publicity and popularization activities for the public and necessary emergency drills.
Residents' committees, villagers' committees, enterprises, public institutions, and social organizations shall, in accordance with the requirements of the local people's government and in consideration of their actual conditions, carry out emergency response knowledge publicity and popularization activities and necessary emergency drills for residents, villagers, employees, and so forth.
Article 43: All levels and types of schools shall include emergency education in their education and teaching plans, carry out emergency response knowledge education and emergency drills for students and staff, cultivate safety awareness, and increase their ability to help themselves and each other.
The competent departments for education shall guide and supervise schools in carrying out emergency education, and departments such as for emergency management shall give support.
Article 44: All levels of people's government shall include the funds needed for emergency response efforts in their budgets, and strengthen the management of funds, and improve the performance of the use of funds.
Article 45 The State shall, in accordance with the principles of centralized management, unified allocation, peacetime service, emergency response in times of disaster, combination of procurement and storage, and economy and efficiency, establish and improve the emergency material reserve guarantee system, dynamically update the catalogue of emergency material reserves, improve the supervision, production, procurement, reserve, allocation and emergency distribution system of important emergency materials, promote the development of the safety and emergency industry, and optimize the industrial layout.
The catalogue and overall development plan of the national reserve materials shall be formulated by the development and reform department of the State Council in conjunction with the relevant departments of the State Council. The emergency management department of the State Council shall formulate emergency material reserve plans and variety catalogs in accordance with their duties, and organize their implementation. The emergency material reserve plan shall be incorporated into the overall development plan of the national reserve.
Article 46: People's governments at or above the districted-city level and county-level people's governments in areas prone to emergencies and frequent occurrences shall establish a reserve guarantee system for emergency rescue materials, daily necessities, and emergency response equipment.
Local people's governments at or above the county level shall, on the basis of the actual situation in their respective regions and the needs of emergency response work, sign agreements with qualified enterprises in accordance with law to ensure the production and supply of emergency rescue materials, daily necessities, and emergency response equipment. Relevant enterprises shall, in accordance with the agreement and in accordance with the requirements of the local people's governments at or above the county level, carry out the production and supply of emergency rescue materials, daily necessities and emergency disposal equipment, and ensure that they meet the relevant national standards and requirements for product quality.
The State encourages citizens, legal persons, and other organizations to stock up on basic emergency self-rescue materials and daily necessities. Relevant departments may publish to the public a list of reserve guidelines and recommendations for relevant materials and items.
Article 47: The State shall establish and complete an emergency transport support system, coordinate railways, highways, water transport, civil aviation, postal services, express delivery and other modes of transport and services, formulate emergency transport support plans, and ensure the timely transportation of emergency materials, equipment, and personnel.
Local people's governments at or above the county level and relevant competent departments shall, in accordance with the national emergency transport guarantee plan, do a good job in emergency dispatch and capacity guarantee in light of the actual situation of the region, and ensure the smooth flow of transport channels and passenger and freight hubs.
The state gives play to the active role of social forces in emergency transportation support. Social forces participating in emergency transportation support shall obey the unified command of the emergency command body.
Article 48 The State shall establish and improve an energy emergency guarantee system, improve the capacity to ensure energy security, and ensure the supply of energy to areas affected by emergencies。
Article 49: The State is to establish and complete systems for safeguarding emergency communications and emergency broadcasting, strengthening the establishment of emergency communications systems and emergency broadcasting systems, to ensure the safe and smooth flow of communications and broadcasting in emergency response efforts.
Article 50: The State is to establish and complete a health emergency response system for emergencies, organizing and carrying out health emergency response efforts such as medical treatment, hygienic investigation and handling, and psychological assistance in emergencies, to effectively control and eliminate harm.
Article 51: People's governments at the county level or above shall strengthen the establishment of emergency medical service networks, allocating corresponding medical treatment materials, facilities, equipment, and personnel, to increase the ability of medical and health establishments to respond to all types of emergencies.
Article 52: The State encourages citizens, legal persons, and other organizations to provide materials, funds, technical support, and donations for emergency response efforts.
Units accepting donations shall promptly disclose the circumstances of accepting donations and the use and management of donated assets, and accept social oversight.
Article 53 In emergencies, the Red Cross Society shall provide emergency relief and humanitarian assistance to the wounded, sick and other victims, and assist the people's governments in carrying out other humanitarian service activities related to their duties. The relevant people's governments shall give support and funding to the Red Cross Society to ensure its participation in responding to emergencies in accordance with law.
Charitable organizations carrying out fundraising and relief activities in the event of a major emergency shall do so in accordance with law under the overall planning, coordination, and orderly guidance of the relevant people's governments. Relevant people's governments shall support charitable organizations' participation in responding to emergencies and carrying out emergency charitable activities through methods such as providing necessary demand information and government procurement of services.
Article 54: Relevant units shall strengthen the management of emergency rescue funds and materials, and increase the efficiency of their use.
No unit or individual may withhold, embezzle, privately divide or covertly privately divide emergency rescue funds or materials.
Article 55 The State shall develop the insurance industry, establish a catastrophe risk insurance system supported by the government, with the participation of social forces, and operated in a market-oriented manner, and encourage units and individuals to participate in insurance.
Article 56: The State is to strengthen research on basic science of emergency management and key core technologies in key industries and fields, strengthen the application of modern technological means such as the Internet, cloud computing, big data, and artificial intelligence in emergency response efforts, encourage and support teaching and research institutions and enterprises that have the capacity to cultivate emergency management and scientific and technological talents, research and develop and promote new technologies, new materials, new equipment, and new tools, and increase emergency response capabilities.
Article 57: People's governments at the county level or above and their relevant departments shall establish and complete systems for expert consultation and demonstration in emergencies, giving play to the role of professionals in emergency response efforts.
Chapter IV: Monitoring and Early Warning
Article 58: The State is to establish and complete emergency monitoring systems.
People's governments at the county level or above and their relevant departments shall, on the basis of the types and characteristics of natural disasters, accidents, disasters, and public health incidents, establish and complete basic information databases, improve monitoring networks, divide monitoring areas, determine monitoring points, clarify monitoring items, provide necessary equipment and facilities, and allocate full-time or part-time personnel to monitor emergencies that may occur.
Article 59: The State Council shall establish a unified national emergency information system.
Local people's governments at or above the county level shall establish or designate a unified emergency information system for their respective regions, collect, store, analyze, and transmit information related to emergencies, and achieve interconnection with the emergency information systems of the people's governments at higher levels and their relevant departments, people's governments at lower levels and their relevant departments, professional institutions, monitoring outlets, and key enterprises, and strengthen cross-departmental and cross-regional information sharing and intelligence cooperation.
Article 60: People's governments at the county level or above, their relevant departments, and professional bodies shall collect information on emergencies through a variety of channels.
People's governments at the county level shall establish a system of full-time or part-time information reporters in residents' committees, villagers' committees, and relevant units.
Citizens, legal persons, or other organizations that discover the occurrence of an emergency, or discover an abnormal situation that may occur, shall immediately report it to the local people's government, the relevant competent department, or a designated professional body. Units receiving reports shall immediately verify and handle them in accordance with provisions, and where they are not part of their duties, they shall immediately transfer them to the relevant units for verification and handling.
Article 61: Local people's governments at all levels shall, in accordance with relevant state provisions, report emergency information to the people's governments at higher levels. The relevant competent departments of the people's governments at or above the county level shall report emergency information to the relevant departments of the people's governments at the same level, and report to the competent departments of the people's governments at the level above. Professional bodies, monitoring outlets, and information reporters shall promptly report emergency information to the local people's government and its relevant competent departments.
Relevant units and personnel shall be timely, objective, and truthful in reporting and reporting information on emergencies, and must not be late, false, concealed, or omitted, and must not incite others to report late, falsely, or conceal reports, and must not obstruct others from reporting.
Article 62: Local people's governments at or above the county level shall promptly summarize and analyze the hidden dangers of emergencies and monitoring information, and when necessary, organize relevant departments, professional and technical personnel, experts and scholars to hold consultations, and assess the possibility of emergencies occurring and their possible impacts; Where it is found that a major or particularly major emergency may occur, it shall immediately report to the people's government at the higher level, and report to the relevant departments of the people's government at the higher level, the local garrison, and the people's government of the adjacent or relevant area that may be endangered, and promptly take preventive measures.
Article 63: The State is to establish and complete an early warning system for emergencies.
The early warning levels of natural disasters, accident disasters and public health events that can be warned are divided into first, second, third and fourth levels according to the urgency of the occurrence of the emergency, the development situation and the degree of harm that may be caused, and are marked with red, orange, yellow and blue respectively, with the first level being the highest level.
The standards for the classification of early warning levels are to be formulated by the State Council or the departments designated by the State Council.
Article 64: When natural disasters, accidents, disasters, or public health incidents that can be warned of are about to occur or the likelihood of their occurrence increases, local people's governments at the county level or above shall, on the basis of relevant laws, administrative regulations, and the authority and procedures provided by the State Council, issue warnings at the corresponding level, decide and announce that the relevant areas have entered the early warning period, and at the same time report to the people's government at the level above, and when necessary, may report to the level above; where there is capacity, a direct online report or an automatic quick report shall be conducted; At the same time, the local garrison and the people's government of the adjacent or relevant area that may be endangered shall be notified.
The issuance of an alert shall clarify the type, level, start time, scope of possible impact, matters to be raised, measures to be taken, issuing unit, and release time.
Article 65: The State is to establish and complete platforms for the release of early warnings for emergencies, and promptly and accurately release early warning information on emergencies to the public in accordance with relevant provisions.
Radio, television, newspapers and periodicals, as well as network service providers and telecommunications operators, shall, in accordance with relevant state provisions, establish channels for the rapid release of emergency early warning information, and timely, accurately, and free of charge to broadcast or publish emergency early warning information.
Public venues and other crowded places shall designate specialized personnel to be responsible for the reception and dissemination of emergency warning information, and do a good job of maintaining relevant equipment and facilities to ensure that emergency warning information is received and disseminated in a timely and accurate manner.
Article 66: After issuing a Level 3 or Level 4 alert and announcing the beginning of the early warning period, the local people's government at the county level or above shall, on the basis of the characteristics of the impending emergency and the harm it may cause, employ the following measures:
(1) Initiating an emergency response plan;
(2) Order relevant departments, professional bodies, monitoring outlets, and personnel with specific duties to collect and report relevant information in a timely manner, publish to the public channels for reflecting information on emergencies, and strengthen monitoring, forecasting, and early warning efforts on the occurrence and development of emergencies;
(3) Organize relevant departments and institutions, professional and technical personnel, and relevant experts and scholars to analyze and assess emergency information at any time, and predict the magnitude of the likelihood of an emergency, the scope and intensity of its impact, and the level of an emergency that may occur;
(4) Regularly release to the public information on emergency prediction and analysis and assessment results related to the public, and manage the reporting of relevant information;
(5) Promptly follow relevant provisions to issue warnings to the public that may be harmed by emergencies, publicize common sense of avoiding and mitigating harms, and publish contact methods and channels such as consultation or help-seeking numbers.
Article 67: After issuing Level 1 and Level 2 warnings and announcing the beginning of the early warning period, local people's governments at the county level or above shall, in addition to employing the measures provided for in Article 66 of this Law, also employ one or more of the following measures in light of the characteristics of the impending emergency and the harm that may be caused:
(1) Order emergency rescue teams and personnel with specific duties to enter a state of standby, and mobilize reserve personnel to prepare to participate in emergency rescue and disposition work;
(2) Mobilize materials, equipment, and tools needed for emergency rescue, prepare emergency facilities and places for emergency refuge, closed isolation, and emergency medical treatment, and ensure that they are in good condition and ready for normal use;
(3) Strengthen the security and protection of key units, important parts, and important infrastructure, and maintain public security and order;
(4) Take necessary measures to ensure the safety and normal operation of public facilities such as transportation, communications, water supply, drainage, power supply, gas supply, heat supply, medical and health care, radio and television, and meteorology;
(5) Promptly release to the public suggestions and advisories on employing specific measures to avoid or mitigate harms;
(6) Transferring, evacuating, or evacuating persons vulnerable to emergencies and properly relocating them, and transferring important property;
(7) Closing or restricting the use of places that are vulnerable to sudden harm, and controlling or restricting activities in public places that could easily lead to the expansion of harm;
(8) Other necessary preventive and protective measures provided for by laws, regulations, and rules.
Article 68: After issuing an alert and announcing the beginning of the early warning period, people's governments at the county level or above shall strengthen monitoring of the market situation for important goods and services, and promptly ensure supply and stabilize the market based on actual needs. When necessary, the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may take corresponding measures in accordance with the "Price Law of the People's Republic of China" and other relevant laws and regulations.
Article 69: Local people's governments at the county level or above and their relevant competent departments shall report to the people's government at the level above and their relevant competent departments in accordance with provisions on social security incidents that are about to occur or have already occurred, and when necessary, may report to the level above, and where the capacity is met, they shall conduct a direct online report or an automatic quick report.
Article 70: The people's government that issues an emergency warning shall, on the basis of the development of the situation, adjust the level of the warning in a timely manner in accordance with relevant provisions and re-issue it.
Where facts prove that an emergency is unlikely to occur or that the danger has been lifted, the people's government that issued the warning shall immediately announce the lifting of the alarm, terminate the warning period, and lift the relevant measures already taken.
Chapter V: Emergency Response and Rescue
Article 71: The State is to establish and complete emergency response systems for emergencies.
The emergency response level of an emergency is divided into level 1, level 2, level 3 and level 4 according to factors such as the nature, characteristics, degree of harm that may be caused and the scope of impact, with level 1 being the highest level.
The standards for classifying emergency response levels are to be formulated by the State Council or the departments designated by the State Council. People's governments at or above the county level and their relevant departments shall determine the level of emergency response in the emergency response plan.
Article 72: After an emergency occurs, the people's government performing unified leadership duties or organizing the handling of the emergency shall immediately initiate an emergency response in light of its nature, characteristics, degree of harm, scope of impact, etc., organize relevant departments, mobilize emergency rescue teams and social forces, and adopt emergency response measures in accordance with the provisions of laws, regulations, rules, and emergency response plans, and report to the people's government at a higher level; When necessary, an on-site command center may be set up to be responsible for on-site emergency response and rescue, and to uniformly command units and individuals entering the scene of an emergency.
When initiating an emergency response, the response matters, level, estimated period, emergency response measures, and so forth shall be clarified.
People's governments performing unified leadership duties or organizing the handling of emergencies shall establish coordination mechanisms, provide information on needs, and guide volunteer service organizations, volunteers, and other social forces to participate in emergency response and rescue efforts in a timely and orderly manner.
Article 73: After the occurrence of natural disasters, accidents, disasters, or public health incidents, the people's governments performing unified leadership duties shall employ one or more of the following emergency response measures:
(1) Organizing the rescue and treatment of victims, evacuating, evacuating, evacuating, and properly relocating threatened persons, and employing other rescue measures;
(2) Quickly control the sources of danger, mark dangerous areas, block dangerous places, demarcate warning areas, implement traffic control, restrict the flow of people, closed management and other control measures;
(3) Immediately rush to repair damaged public facilities such as transportation, communications, water supply, drainage, power supply, gas supply, heat supply, medical and health care, radio and television, and meteorology, provide shelter and daily necessities to those who have been endangered, and implement medical aid, sanitation and epidemic prevention, and other safeguard measures;
(4) Prohibiting or restricting the use of relevant equipment and facilities, closing or restricting the use of relevant venues, suspending crowded activities or production and business activities that may lead to the expansion of harm, and employing other protective measures;
(5) Activate the financial reserve funds and emergency rescue materials set up by the people's governments at the corresponding level, and when necessary, transfer other urgently needed materials, equipment, facilities, and tools;
(6) Organizing citizens, legal persons, and other organizations to participate in emergency rescue and disposal work, and requesting the services of personnel with specific expertise;
(7) Ensuring the supply of basic necessities such as food, drinking water, medicine, and fuel;
(8) Strictly punish in accordance with law hoarding, price gouging, profiteering, making and selling counterfeit goods, and other acts that disrupt market order, and maintain market order;
(9) Strictly punish in accordance with law acts that disrupt social order, such as looting property, interfering with and disrupting emergency response efforts, and preserve public order;
(10) Carry out emergency monitoring of the ecological environment, protect environmentally sensitive targets such as centralized drinking water sources, and control and dispose of pollutants;
(11) Employ necessary measures to prevent the occurrence of secondary or derivative incidents.
Article 74: After a social security incident occurs, the people's government organizing the handling work shall immediately initiate an emergency response, and organize relevant departments to employ one or more of the following emergency response measures in accordance with relevant laws, administrative regulations, and other relevant state provisions, based on the nature and characteristics of the incident:
(1) Forcibly isolate parties who use instruments to confront each other or participate in conflicts with violent acts, properly resolve on-site disputes and disputes, and control the development of the situation;
(2) Controlling the supply of buildings, vehicles, equipment, facilities, fuel, gas, electricity, and water in a specific area;
(3) Blocking relevant venues and roads, inspecting the identity documents of on-site personnel, and restricting activities in relevant public places;
(4) Strengthen the security of core organs and units that are vulnerable to shocks, and set up temporary cordons 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 provided for by laws, administrative regulations, and the State Council.
Article 75: When an emergency occurs that seriously impacts the normal operation of the national economy, the State Council or the relevant competent departments authorized by the State Council may employ necessary emergency measures such as safeguards and controls to ensure the basic living needs of the people and minimize the impact of the emergency.
Article 76: People's governments and their relevant departments performing unified leadership duties or organizing the handling of emergencies may, when necessary, requisition the equipment, facilities, venues, means of transportation, and other materials needed for emergency rescue from units and individuals, request that other local people's governments and their relevant departments provide human, material, financial, or technical support, require enterprises that produce and supply daily necessities and emergency rescue materials to organize production and ensure supply, and require organizations that provide public services such as medical care and transportation to provide corresponding services.
The people's governments and relevant competent departments that perform unified leadership duties or organize the handling of emergencies shall organize and coordinate transport business units to give priority to the delivery of materials, equipment, tools, emergency rescue personnel, and persons harmed by emergencies.
People's governments and their relevant departments performing unified leadership duties or organizing the handling of emergencies shall provide timely and effective assistance to persons with no capacity for civil conduct or persons with limited capacity for civil conduct who have no one to take care of them affected by the emergency; Establish and improve the system of contacting and helping the families of emergency rescue personnel, and help solve practical difficulties.
Article 77: Residents' committees, villagers' committees, and other organizations at the place where emergencies occur 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-help and mutual rescue, and assist in maintaining social order; Where the situation is urgent, the masses shall be immediately organized to carry out advance handling work such as self-rescue and mutual rescue.
Article 78: Units that are harmed by natural disasters or where accidents, disasters, or public health incidents occur shall immediately organize their own emergency rescue teams and staff to rescue the victims, evacuate, evacuate, and resettle threatened persons, control the sources of danger, mark dangerous areas, seal off dangerous places, and take other necessary measures to prevent the harm from expanding, and at the same time report to the people's government at the county level where it is located; For social security incidents caused by the unit's problems or where the subject is the unit's personnel, the relevant units shall report the situation in accordance with provisions, and promptly dispatch a responsible person to the scene to carry out persuasion and guidance work.
Other units in the place where the emergency occurs shall obey the decisions and orders issued by the people's government, cooperate with the emergency response measures taken by the people's government, do a good job in the emergency rescue work of their own units, and actively organize personnel to participate in the emergency rescue and disposal work in the locality.
Article 79: Individuals at the place where an emergency occurs shall obey the commands and arrangements of the people's government, residents' committee, villagers' committee, or their subordinate units in accordance with law, cooperate with the emergency response measures taken by the people's government, actively participate in emergency rescue work, and assist in maintaining social order.
Article 80: The State supports urban and rural community organizations in completing emergency response work mechanisms, strengthening the emergency response functions of comprehensive urban and rural community service facilities and information platforms, strengthening data sharing with emergency information systems, and strengthening the ability to ensure the basic livelihood of the masses and serve the masses in emergency response.
Article 81: The state is to employ measures to strengthen the establishment of mental health service systems and talent teams, supporting and guiding mental health service personnel and social workers in carrying out psychological assistance efforts such as mental health education, psychological assessments, psychological counseling, psychological crisis intervention, and diagnosis and treatment of psychological and behavioral problems for all types of people affected by emergencies.
Article 82: The remains of persons killed in emergencies shall be disposed of in accordance with laws and relevant state provisions, scientifically and standardly, strengthening hygiene and epidemic prevention, and preserving the dignity of the deceased. The relics of the deceased shall be properly kept.
Article 83: People's governments at the county level or above and their relevant departments may, as needed for emergency response efforts, request citizens, legal persons, and other organizations to provide information needed for emergency response and rescue within the scope and limits necessary for the performance of legally-prescribed duties. Citizens, legal persons, and other organizations shall provide it, except as otherwise provided by law. People's governments at the county level or above and their relevant departments shall keep strictly confidential the relevant information they obtain, and protect citizens' freedom and confidentiality of communication in accordance with law.
Article 84: In the course of emergency response, where relevant units and individuals need to obtain the personal information of others in accordance with the provisions of this Law to cooperate with emergency response efforts or perform relevant obligations, they shall obtain and ensure information security in accordance with the procedures and methods provided by law, and must not illegally collect, use, process, or transmit the personal information of others, and must not illegally buy, sell, provide, or disclose the personal information of others.
Article 85: Personal information obtained as a result of lawful performance of emergency response duties or obligations may only be used for emergency response, and is to be destroyed after emergency response efforts are completed. Where it is truly necessary to retain or postpone destruction for lawful use as evidence or for investigation and assessment, an assessment of legality, necessity, and safety shall be conducted in accordance with provisions, and corresponding protective and handling measures shall be employed, and use it strictly in accordance with law.
Chapter VI Post-Incident Recovery and Reconstruction
Article 86: After the threat or harm of an emergency is controlled or eliminated, the people's government performing unified leadership duties or organizing the handling of the emergency shall announce the lifting of the emergency response, stop the implementation of the emergency response measures taken in accordance with the provisions of this Law, and at the same time adopt or continue to implement necessary measures to prevent the occurrence of secondary or derivative incidents of natural disasters, accidents, or public health incidents, or the re-triggering of social security incidents, and organize the restoration of social order in the affected areas as soon as possible.
Article 87: After the emergency response work is completed, the people's government performing unified leadership duties shall immediately organize an investigation and assessment of the impact and losses caused by the emergency, formulate a recovery and reconstruction plan, and report to the people's government at the level above.
The people's governments of areas affected by emergencies shall promptly organize and coordinate relevant departments such as for emergency management, health, public security, transportation, railways, civil aviation, postal services, telecommunications, construction, ecology and environment, water conservancy, energy, radio and television, and other relevant departments to restore social order, and repair damaged public facilities such as transportation, communications, water supply, drainage, power supply, gas supply, heat supply, medical and health care, water conservancy, radio and television, etc., as soon as possible.
Article 88: Where the people's governments of areas affected by emergencies need the support of the people's government at the level above to carry out restoration and reconstruction work, they may submit a request to the people's government at the level above. The people's government at the next higher level shall, on the basis of the losses suffered by the affected areas and the actual situation, provide funding, material support and technical guidance, and organize and coordinate the provision of financial, material and manpower support by other regions and relevant parties.
Article 89: The State Council shall, on the basis of the losses suffered by the areas affected by emergencies, formulate preferential policies to support the development of relevant industries in the region.
The people's governments of areas affected by emergencies shall, on the basis of the losses suffered by the region and the circumstances of emergency response measures, formulate and organize the implementation of aftermath work plans such as rescue, compensation, comfort, bereavement and resettlement, and properly resolve conflicts and disputes arising from the handling of emergencies.
Article 90: During the period when citizens participate in emergency rescue work or assist in the maintenance of social order, the unit to which they belong shall ensure that their salaries and benefits remain unchanged, and may give corresponding subsidies in accordance with provisions.
Article 91: People's governments at the county level or above are to implement work-related injury benefits, bereavement benefits, or other safeguard policies for persons killed or injured in emergency rescue work in accordance with law, and organize medical treatment for persons who are sick in emergency rescue work.
Article 92: People's governments performing unified leadership duties shall, after the completion of emergency response work, promptly ascertain the occurrence and causes of the emergency, summarize the lessons and lessons learned from emergency response work, formulate improvement measures, and submit a report to the people's government at the level above.
Article 93 The raising, management, distribution, allocation and use of funds and materials in response to emergencies shall be subject to the audit supervision of the audit institutions in accordance with the law.
Article 94: The competent departments for state archives shall establish and complete working mechanisms for the collection, sorting, protection, and use of archives related to emergency response efforts. Materials formed in emergency response efforts shall be archived in accordance with national provisions and transferred to the relevant archives.
Chapter VII: Legal Responsibility
Article 95: Where all levels of local people's government and the relevant departments of the people's government at the county level or above violate the provisions of this Law by failing to perform or incorrectly performing their legally-prescribed duties, the administrative organ at the level above is to order corrections; In any of the following circumstances, the relevant organs are to comprehensively consider factors such as the causes and consequences of the occurrence of the emergency, the circumstances of the response and disposition, and the fault of the perpetrator, and give sanctions to the responsible leaders and directly responsible personnel in accordance with law:
(1) Failure to take preventive measures in accordance with provisions, resulting in the occurrence of emergencies, or failure to take necessary preventive measures, resulting in the occurrence of secondary or derivative incidents;
(2) Delaying, falsely, concealing, or omitting to report, or instigating others to report late, falsely, or concealing information, or obstructing others from reporting information related to emergencies, or reporting, reporting, or publishing false information, causing consequences;
(3) Failure to promptly issue emergency warnings or take measures for the early warning period in accordance with provisions, resulting in the occurrence of harm;
(4) Failure to promptly take measures to handle emergencies in accordance with provisions or improper handling, causing consequences;
(5) Employing response measures in violation of legal provisions, infringing on citizens' rights and interests in life and health;
(6) Disobeying the unified leadership, command and coordination of emergency response work by the people's government at a higher level;
(7) Failure to promptly organize and carry out aftermath work such as production self-help, restoration, and reconstruction;
(8) Withholding, misappropriating, privately dividing, or covertly privately dividing emergency rescue funds or materials;
(9) Failing to return the property of expropriated units and individuals in a timely manner, or failing to compensate units and individuals whose property has been expropriated in accordance with regulations.
Article 96: In any of the following circumstances, the relevant departments of the people's government performing unified leadership duties for the area are to order the relevant departments of the people's government performing unified leadership duties to stop production and business, temporarily withhold or revoke permits, and give a concurrent fine of between 50,000 and 200,000 RMB; where the circumstances are especially serious, a concurrent fine of between 200,000 and 1,000,000 RMB is to be given:
(1) Failure to take preventive measures in accordance with provisions, resulting in the occurrence of a larger or larger emergency;
(2) Failing to promptly eliminate discovered hidden dangers that might lead to emergencies, resulting in the occurrence of larger or larger emergencies;
(3) Failing to do a good job in emergency material reserves and routine maintenance and testing of emergency equipment and facilities, resulting in the occurrence of larger emergencies or the expansion of the harm of emergencies;
(4) Failing to organize and carry out emergency rescue work in a timely manner after an emergency occurs, causing serious consequences.
Where other laws provide for punishment for the conduct in the preceding paragraph, punishment is to be given in accordance with the heavier provisions.
Article 97: Where the provisions of this Law are violated by fabricating and disseminating false information about emergencies, or clearly knowing that it is false information about emergencies, it is to be ordered to make corrections and given warnings; where serious consequences are caused, suspend their business activities or revoke their licenses in accordance with law; Where the person directly responsible is a public employee, sanctions shall also be given in accordance with law.
Article 98: Where units or individuals violate the provisions of this Law by disobeying decisions or orders lawfully issued by the local people's government and its relevant departments, or by not cooperating with the measures taken in accordance with law, corrections are to be ordered; where serious consequences are caused, administrative punishments are to be given in accordance with law; Where the person directly responsible is a public employee, sanctions shall also be given in accordance with law.
Article 99: Where units or individuals violate the provisions of articles 84 and 85 of this Law on the protection of personal information, the competent departments are to give punishments in accordance with relevant legal provisions.
Article 100: Where units or individuals violate the provisions of this Law, causing emergencies to occur or harm to expand, causing harm to persons, property, or other harms, they shall bear civil liability in accordance with law.
Article 101: Where measures to avoid danger are employed in order to protect one's person or the person's property or property from an ongoing danger, it is to be handled in accordance with the provisions of the "Civil Code of the People's Republic of China", the "Criminal Law of the People's Republic of China" and other laws on emergency avoidance.
Article 102:Where the provisions of this Law are violated and constitute a violation of the administration of public security, public security administrative sanctions are to be given in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.
Chapter VIII: Supplementary Provisions
Article 103: Where a particularly major emergency occurs that poses a major threat to the safety of people's lives and property, national security, public safety, ecological and environmental security, or social order, and the adoption of emergency response measures provided for in this Law and other relevant laws, regulations, or rules cannot eliminate or effectively control or mitigate the serious harm to society, and it is necessary to enter a state of emergency, the Standing Committee of the National People's Congress or the State Council is to make a decision in accordance with the authority and procedures provided for by the Constitution and other relevant laws.
Extraordinary measures taken during the state of emergency shall be implemented in accordance with the relevant laws and regulations or as otherwise prescribed by the Standing Committee of the National People's Congress.
Article 104: Where emergencies occur outside the territory of the People's Republic of China, causing or might cause personal injury or death or property losses to citizens, legal persons, or other organizations of the People's Republic of China, the foreign affairs department of the State Council, together with other relevant departments of the State Council and relevant local people's governments, is to do a good job of responding in accordance with relevant state provisions.
Article 105: Foreigners and stateless persons within the territory of the People's Republic of China shall abide by this Law, obey the decisions and orders lawfully issued by the local people's government and its relevant departments, and cooperate with the measures taken by them in accordance with law.
Article 106: This Law takes effect on November 1, 2024.
Source: Xinhua News Agency