Regulation on the Army's Participation in Disaster Rescue

 2018-07-06  58


· Area of Law: Military

· Level of Authority: Military Regulations

· Date issued:06-07-2005

· Effective Date:07-01-2005

· Status: Effective

· Issuing Authority: State Council Central Military Commission

 

Order of the State Council and the Central Military Commission
(No. 436)
The Regulation on the Army's Participation in Disaster Rescue is hereby promulgated and shall come into force as of July 1, 2005.
Premier Wen Jiabao
Chairman of the Central Military Commission Hu Jintao
June 7, 2005
Regulation on the Army's Participation in Disaster Rescue
Article 1 The present Regulation is formulated according to the provisions of the Law of the People's Republic of China on National Defense in order to bring the role of the People's Liberation Army (PLA) into full play in disaster rescue and safeguard the lives and properties of the people.
Article 2 The army is the rush strength in disaster rescue. To perform the task of disaster rescue as authorized by the state is an important mission of the army.
The people's governments and military organs at all levels shall, according to the provisions of the present Regulation, do a good job in organizing, commanding, coordinating and ensuring the army's participation in disaster rescue.
Article 3 An army that participates in disaster rescue shall mainly bear the following tasks:
(1) Rescuing, transferring or evacuating trapped personnel;
(2) Protecting key objects;
(3) Rescuing and transporting important resources;
(4) Participating in such special rescues as rush repair of roads (bridges, channels), search and rescue on the sea, nuclear, biological and chemical aids, epidemic control and medical treatment and rescue; and
(5) Eliminating or controlling any other dangerous situation or disaster.
When necessary, the army may assist the local people's government in carrying out such work as rebuilding after any disaster.
Article 4 Where any disaster rescue as organized by the State Council requires the army's participation, it shall be set forth by the relevant administrative department of the State Council to the Headquarters of the General Staff of the PLA. The Headquarters of the General Staff of the PLA shall handle it according to the relevant provisions of the State Council and the Central Military Commission.
Where any disaster rescue as organized by the people's government at or above the county level requires the army's participation, it shall be set forth by the local people's government at or above the county level through the local military organ at the same level. The local military organ at the same level shall handle it according to the relevant provisions of the State Council and the Central Military Commission.
In the case of any emergency of dangerous situation or disaster, the local people's government may directly put forward a request of salvation to the station troop. The station troop shall instantly carry out the salvation according to the relevant provisions and report it to its superior; where the station troop finds any emergency of danger or disaster itself, it shall also instantly carry out the salvation according to the relevant provisions and report it to its superior.
Where any disaster rescue requires any employment of military planes (helicopters) or naval vessels, it shall be handled according to the relevant provisions.
Article 5 Where the relevant administrative department of the State Council or the people's government at or above the county level requires the army's participation in any disaster rescue, it shall report the type, time, region, dangerous degree, measures as taken of the dangerous situation or disaster and the military strength and equipment as needed.
Article 6 Where the people's government at or above the county level establishes a command organ of disaster rescue, the local military organ at the same level shall attend therein. Where there is any station troop in the locality, the person-in-charge thereof shall attend the command organ.
Article 7 The army's participation in disaster rescue shall be carried out under the uniform leadership of the people's government. The specific tasks shall be authorized by the command organ of disaster rescue. Any troop's action of disaster rescue shall be under the leadership of the army.
Article 8 The people's government at or above the county level shall report the relevant information of dangerous situation and disaster to the local military organ.
In any place where a danger or disaster happens in a frequent manner, the people's government at or above the county level shall organize the local administrative organ and military organ to carry out on-the-spot reconnaissance and rehearsals and trainings of disaster rescue.
Article 9 The provincial military area commands, (garrison commands, guard commands), sub-military area commands (garrison commands) and the departments of people's armed force of the county (city, district under the city) shall master the relevant information of local dangerous situation or disaster, handle the matters as put forward by the people's government concerning the army's participation in disaster rescue and do a good job in the coordination between the people's government and the army that performs the task of disaster rescue. The relevant military organ shall formulate the reserve scheme for the participation of disaster rescue and organize the army to carry out necessary trainings of disaster rescue.
Article 10 Where an army participates in any disaster rescue, the local people's government shall provide such guaranty as necessary equipment, materials and facilities and send special technical personnel to guide the army's action of disaster rescue. Such departments and organs as railway, communications, civil aviation, public security, tele-communications, post and finance shall provide preferential and facilitated services to the army that performs the task of disaster rescue.
The fuel as needed in the implementation of disaster rescue by an army shall be jointly guaranteed by the army that performs the task of disaster rescue and the local people's government.
Article 11 Where an army that participates in disaster rescue needs to use war-reserve materials and equipment and facilities, it shall be subject to approval according to the relevant provisions. The equipment and facilities as carried along by the army and the war-reserve materials and equipment and facilities as used up shall be supplemented in a timely manner.
Article 12 The local people's government of the place where a disaster happens shall coordinate with the army that performs the task of disaster rescue in guaranteeing such necessities as food and drink, accommodation, supplies of water, electricity and heating, medical treatment and disease prevention.
The local people's government and the army that performs the task of disaster rescue shall report to each other the epidemic situation and do a good job in preventing epidemic diseases.
Article 13 The expenses as used in the army's participation in any disaster rescue as organized by the State Council shall be borne by the central public finance. The expenses as used in the army's participation in any disaster rescue as organized by the local people's government shall be borne by the local public finance.
The expenses as mentioned in the preceding paragraph include the expenses for the purchase of special materials and facilities, command tele-communication, equipment maintenance, fuel, communications and transportation, for supplementing the equipment and facilities as carried along and war-reserve materials and subsidy expenses for the life and medical treatment of the relevant personnel.
Where the task of disaster rescue is concluded, the relevant departments of the army shall calculate the expenses as used in the implementation of disaster rescue by the army and report them to the command organ of disaster rescue for examination.
Article 14 The administrative department of the State Council and the people's government at or above the county level shall reserve special equipment, materials and facilities in those districts where any danger or disaster happens in a frequent manner or those districts that have been listed as key districts of disaster supervision and prevention so as to guarantee the need of disaster rescue.
Article 15 The publicity of and report on the army's participation in disaster rescue shall be uniformly conducted by the relevant administrative department of the state and of the army. Any coverage of the army's participation in disaster rescue by any news agency shall observe the relevant provisions of the state and the army.
Article 16 The army entity or individual that makes outstanding contributions in the disaster rescue shall be awarded according to the relevant provisions of the state and the army. If any person sacrifices himself or becomes disabled in the disaster rescue, financial support and preferential treatment shall be granted according to the relevant provisions of the state.
Article 17 The participation of the Chinese People's Armed Police Force in disaster rescue shall be implemented by referring to the present Regulation.
Article 18 The Regulation shall come into force as of July 1, 2005.