Emergency Response Law of the People's Republic of China

Order of the President [2007] No. 69

August 30, 2007

The Emergency Response Law of the People's Republic of China which was adopted at the 29th session of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on August 30, 2007 is hereby promulgated and shall be effective on November 1, 2007.

Hu Jintao, President of the People's Republic of China

Appendix: Emergency Response Law of the People's Republic of China

(Adopted at the 29th session of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on August 30, 2007)

Contents
Chapter I General Provisions
Chapter II Prevention and Response Preparation
Chapter III Monitoring and Warning
Chapter IV Emergency Response Operations and Rescue Activities
Chapter V Post-Emergency Rehabilitation and Reconstruction
Chapter VI Legal Liability
Chapter VII Supplementary Provisions

Chapter I General Provisions

Article 1 This Law has been formulated to prevent and reduce the occurrence of emergency incidents, control, mitigate and eliminate the severity of social damage caused by emergency incidents, standardize emergency response activities, protect the life and property of people, and maintain the national security, public safety, environmental safety and social order.

Article 2 This Law shall apply to such activities as the prevention and preparation, monitoring and warning, emergency disposal and rescue, and post-emergency rehabilitation and reconstruction for any emergency.

Article 3 The term "emergency incident" as used in this Law refers to a natural disaster, accidental disaster, public health incident or social safety incident, which takes place by accident, has caused or might cause serious social damage and requires the adoption of emergency response measures.
According to such factors as the degree of social damage and scope of impact, natural disasters, accidental disasters and public health incidents are classified into four levels: extremely serious, serious, major and ordinary. Where there are any other provisions in any law or administrative regulations or by the State Council, such provisions shall prevail.
Standard for the classification of emergency incidents shall be made by the State Council or such a department as determined by the State Council.

Article 4 The state shall establish an emergency response management system mainly featuring the uniform leadership, comprehensive coordination, categorized management, assumption of responsibility by level, and territorial management.

Article 5 Emergency response work shall adhere to the principle of prevention first and prevention combined with emergency response. The state shall establish a risk assessment system for serious emergency incidents to conduct comprehensive assessment of emergency incidents that may occur, reduce the occurrence of serious emergency incidents, and to the maximal extent mitigate the effect of serious emergency incidents.

Article 6 The state shall establish an effective social mobilization mechanism to strengthen the public safety and risk prevention and control awareness of all citizens and improve the ability of the whole society to avoid emergency risk and conduct rescue operation.

Article 7 The people's government at the county level shall be responsible for making a response to an emergency incident within its administrative region; where two or more administrative regions are involved in an emergency incident, the common people's government at the next higher level for the relevant administrative regions or the people's governments at the next higher level for all the relevant administrative regions shall be responsible for doing so.
After the occurrence of an emergency incident, the people's government at the county level at the place of occurrence shall immediately take measures to control the development of the incident, arrange for and carry out the emergency response rescue activities and operations, and immediately report the matter to the people's government at the next higher level, or make a report by bypassing the immediate authority when necessary.
The people's government at the county level at the place of occurrence of an emergency incident that cannot eliminate or effectively control the serious social damage caused by the emergency incident shall timely report the matter to the people's government at the next higher level. The people's government at the next higher level shall timely take measures and be solely responsible for directing emergency response operations.
Where it is provided in any law or administrative regulation that a relevant department of the State Council shall be responsible for making a response to an emergency incident, such provision shall be complied with; and local people's governments shall actively offer assistance and necessary support.

Article 8 Under the leadership of the Premier, the State Council shall discuss, decide and make arrangements for activities in response to an extremely serious emergency incident, may establish in light of actual needs a state emergency response command body to be responsible for making a response to such an emergency incident and when necessary, may dispatch a task group to direct the relevant work.
Local people's governments at or above the county level shall form an emergency response command body consisting of the principal persons in charge of the people's governments, the 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 to consistently direct and coordinate the emergency response activities of all the relevant departments of the people's government and the people's governments at the lower levels and may, in light of actual needs, establish an emergency response command body for the relevant category of emergency incidents to arrange for, coordinate and direct emergency response activities.
Within the scope of their respective powers, the competent departments of the higher people's governments shall direct and assist the lower people's governments and their relevant departments in carrying out activities in response to a relevant emergency incident.

Article 9 The State Council and all local people's governments at and above the county level shall be the leading administrative organs for emergency response activities, and their offices and the specific functions and duties of such offices shall be specified by the State Council.

Article 10 Decisions and orders made by a relevant people's government and its departments in response to an emergency incident shall be timely made available to the public.

Article 11 Emergency response measures taken by a relevant people's government and its departments shall be appropriate to the nature, degree and extent of social damage caused by an emergency incident; and where multiple measures are available, any measure which is to the maximal extent conducive to the protection of the rights and interest of citizens, legal persons and other organizations shall be selected.
Citizens, legal persons and other organizations are obligated to participate in emergency response activities.

Article 12 A relevant people's government and its departments may expropriate the property of entities and individuals for activities in response to an emergency incident. The expropriated property shall be timely returned after the completion of employment or emergency response operations. Appropriate compensation shall be given with respect to property that is expropriated or any damage to or the loss of such property.

Article 13 Where, due to the adoption of any emergency response measure, any litigation, administrative reconsideration or arbitration is unable to continue normally, provisions relating to the discontinuance of action limitations and proceedings shall apply, except as otherwise provided for by any law.

Article 14 The People's Liberation Army of China, People's Armed Police Force and militia organizations shall participate in the emergency response rescue activities and operations in accordance with the provisions of this Law and other relevant laws, administrative regulations and military regulations as well as orders of the State Council and the Central Military Commission.

Article 15 The Government of the People's Republic of China shall carry out cooperation and exchanges with foreign governments and relevant international organizations in such areas as emergency prevention, monitoring and warning, response operations and rescue activities, and post-emergency rehabilitation and reconstruction.

Article 16 Decisions and orders made by a people's government at or above the county level in response to an emergency incident shall be submitted to the standing committee of the people's congress at the same level for archival purposes; and after the completion of emergency response operations, the people's government shall make a special work report to the standing committee of the people's congress at the same level.

Chapter II Prevention and Response Preparation

Article 17 The state shall establish a sound emergency response plan system.
The State Council shall make an overall state emergency response plan, and make arrangements for making a special state emergency response plan; and relevant departments of the State Council shall make a department-level state emergency response plans according to their respective functions and duties and in line with the relevant emergency response plans of the State Council.
Local people's governments at all levels and relevant departments of local people's governments at and above the county level shall make appropriate emergency response plans in accordance with relevant laws, administrative regulations and rules, the emergency response plans of people's governments at higher levels and their relevant departments, and local realities.
Any organ which makes an emergency response plan shall amend the plan from time to time according to actual needs and changes in the circumstances involved. The procedures for making and amending an emergency response plan shall be specified by the State Council.

Article 18 An emergency response plan shall, in accordance with this Law and other relevant laws and administrative regulations, specifically specify a structural and command system for emergency response management and the functions and duties of all positions involved therein, emergency incident prevention and early-warning mechanisms, response procedures, emergency response protective measures, post-emergency rehabilitation and reconstruction measures, etc., in light of the nature and characteristics of emergency incidents and social damage likely to be caused by such emergency incidents.

Article 19 Urban or rural planning shall meet requirements of emergency incident prevention and response operations, make overall arrangements for equipment and infrastructure construction necessary for emergency response purposes, and determine in a reasonable manner emergency shelters.

Article 20 People's governments at the county level shall make investigations, registrations and risk assessments of hazard sources and hazardous areas within their respective administrative regions which is likely to give rise to accidental disasters and public health incidents, conduct periodical inspections and monitoring and control, and order the entities concerned to take appropriate preventive safety measures.
People's governments at the provincial level or the people's governments of cities with districts shall make investigations, registrations and risk assessments of hazard sources and hazardous areas within their respective administrative regions which is likely to give rise to extremely serious or serious emergency incidents, make arrangements for inspections and monitoring and control, and order the entities concerned to take appropriate preventive safety measures.
Hazard sources and hazardous areas registered by local people's governments at or above the county level in accordance with the provisions of this Law shall be timely made available to the public in accordance with the provisions of the State.

Article 21 The people's governments at the county level and their relevant departments, the people's governments at the township level, the sub-district offices, the residents' committees and the villagers' committees shall timely mediate and handle conflicts and disputes likely to cause social safety incidents.

Article 22 Every entity shall establish a sound safety management system, periodically examine the implementation of all of its preventive safety measures, and timely eliminate hidden incident risks; such entity shall control and timely resolve any of its existing problems likely to cause social safety incidents, and prevent the intensification of conflicts and expansion of situations; such entity shall make a timely report on emergency incidents likely to occur and on preventive safety measures it takes to the people's government at the place where such entity is located or the relevant departments of the people's government in accordance with relevant provisions.

Article 23 A mine, an entity engaged in building construction business or an entity engaged in the business of producing, dealing in, storing, transporting or using such dangerous substances as inflammable or explosive substances, hazardous chemicals or radioactive substances shall make a specific emergency response plan, investigate hidden risks in the production or business operation premises, buildings and structures in which dangerous substances are placed and the surrounding environment, and timely take measures to eliminate hidden risks and prevent the occurrence of emergency incidents.

Article 24 An entity which operates or manages public transportation vehicles, public places or other places with a high density of people shall make a specific emergency response plan, equip transportation vehicles or relevant places with alarm devices and necessary emergency response rescue equipment and facilities, clearly explain how to use them and illustrate passages and routes for safety evacuation, and ensure that safety passages and exits are not obstructed.
Relevant entities shall regularly examine, test and maintain their alarm devices and emergency response rescue equipment and facilities, keep them in a good condition, and ensure their normal use.

Article 25 People's governments at and above the county level shall establish a sound training system for emergency response management to periodically train personnel of such people's government or their relevant departments who are responsible for emergency incident operations.

Article 26 People's governments at and above the county level shall integrate emergency response resources and establish or form a general emergency response rescue team. The relevant departments of the people's governments may, in light of actual needs, set up a professional emergency response rescue team.
People's governments at and above the county level and their relevant departments may establish an emergency response rescue team consisting of adult volunteers. An entity shall establish a full-time or part-time emergency response rescue team consisting of its employees.
People's governments at and above the county level shall strengthen cooperation between professional and non-professional emergency response rescue teams, conduct joint trainings or drillings, and enhance their abilities to integrate emergency response activities and cooperate with each other in such activities.

Article 27 The relevant departments of the State Council, local people's governments at and above the county level and their relevant departments and relevant entities shall take out personal accidental injury insurance for professional emergency response rescuers, provide them with necessary protective equipment and instruments, and make efforts to prevent emergency response rescuers from the danger of personal injury.

Article 28 The People's Liberation Army of China, the People's Armed Police Force and the militia organizations shall make arrangements for and carry out special emergency response trainings.

Article 29 People's governments at the county level and their relevant departments, people's governments at the township level and sub-district offices shall make arrangements for the publicity and dissemination of emergency response knowledge and necessary emergency response drillings.
Residents' committees, villagers' committees, enterprises and public institutions shall carry out the publicity and dissemination of emergency response knowledge and necessary emergency response drillings in accordance with the requirements of the people' government at the place where they are located and in light of their respective actual circumstances.
News media shall carry out free and charitable publicity activities with respect to knowledge concerning emergency incident prevention and response, self-rescue and mutual rescue.

Article 30 Schools at various levels and of various types shall include emergency response knowledge education in their curriculum to educate students on emergency response knowledge and foster the safety awareness and self-rescue and mutual rescue abilities of students.
The competent education departments shall direct and supervise schools in carrying out educational activities with respect to emergency response knowledge.

Article 31 The State Council and local people's governments at and above the county level shall take fiscal measures to ensure the adequacy of funds necessary for emergency response activities.

Article 32 The state shall establish a sound emergency response resources reserve security system to improve supervision, production, reserve, allocation and urgent distribution systems for the significant emergency response resources.
People's governments at and above the level of a city with districts or people's governments at the county level at the places where emergency incidents tend to occur or occur frequently shall establish a reserve system for emergency response rescue resources, necessities of life and emergency response operation equipment.
Local people's governments at and above the county level shall, in light of their local realities, enter into agreements with relevant enterprises to ensure the production and supply of emergency response rescue resources, necessities of life and emergency response operation equipment.

Article 33 The state shall establish a sound emergency response communication security system, improve public communication networks, and establish an emergency response communication system which features the combination of cable and wireless communication and the integration of basic telecommunication networks and standby communication systems, so as to ensure the smoothness of communication over emergency response activities.

Article 34 The state shall encourage citizens, legal persons and other organizations to provide resources, funds, technical support and donation to people's governments for emergency response activities.

Article 35 The state shall develop insurance undertakings, establish a severe disaster risk insurance system supported by the state finance, and encourage entities and citizens to take out insurance.

Article 36 The state shall encourage and support teaching and scientific research institutions with appropriate qualifications to train talents specializing in emergency response management, and encourage and support teaching and scientific research institutions and relevant enterprises in the research and development of new technologies, equipment and instruments used in emergency incident prevention, monitoring, warning, and emergency response operations and rescue.

Chapter III Monitoring and Warning

Article 37 The State Council shall establish a uniform emergency incident information system throughout China.
Local people's governments at and above the county level shall establish or set up a locally uniform emergency incident information system, collect, store, analyze and transmit information on emergency incidents, and achieve interconnection with the emergency incident information systems of people's governments at higher levels and their relevant departments, people's governments at lower levels and their relevant departments, professional institutions and monitoring stations to strengthen cross-department and cross-region information exchanges and intelligence cooperation.

Article 38 People's governments at and above the county level and their relevant departments and professional institutions shall collect emergency incident information through various channels.
People's governments at the county level shall establish a full-time or part-time information reporter system for residents' committees, villagers' committees and relevant entities.
Any citizen, legal person or any other organization that has knowledge of emergency incident information shall immediately make a report to the local people's government, the relevant competent department or the designated professional institution.

Article 39 Local people's governments at all levels shall submit emergency incident information to people's governments at the next higher level in accordance with the relevant provisions of the state. The relevant competent departments of people's governments at and above the county level shall notify in writing the relevant departments of the people's governments at the same level of emergency incident information. A professional institution, monitoring station or information reporter shall make a timely report on emergency incident information to the local people's government and the relevant competent departments of the people's government.
Emergency incident information submitted or reported by relevant entities and persons shall be timely, objective and genuine, and such information shall not be delayed in reporting, be misreported, concealed from reporting, or omitted in reporting.

Article 40 Local people's governments at and above the county level shall timely summarize and analyze information on the hidden risks and early-warning of emergency incidents, and when necessary, arrange for relevant departments, professional technicians, experts and scholars to conduct consultations and make assessments of the possibility of an emergency incident and its possible effect; and where it is deemed that a serious or extremely serious emergency incident is likely to occur, such governments shall immediately make a report to people' s governments at the next higher level and notify in writing the relevant departments of the people's governments at the next higher level, the army stationed locally and the people's governments of adjacent or relevant places likely to be affected.

Article 41 The state shall establish a sound emergency incident monitoring system.
People's governments at and above the county level and their relevant departments shall, in light of the categories and characteristics of natural disasters, accidental disasters and public health incidents, establish a sound basic information database, improve monitoring networks, divide monitoring regions, determine monitoring points, define items under monitoring, provide necessary equipment and facilities, and assign full-time or part-time personnel, so as to monitor emergency incidents likely to occur.

Article 42 The state shall establish a sound emergency incident early-warning system.
The early-warnings of natural disasters, accidental disasters and public health incidents to which early-warnings are able to be given, in light of the urgency, development trend and possible degree of damage of emergency incidents, are classified into the first, second, third and fourth levels which are represented respectively by the red, orange, yellow and blue color and the first level is the highest level.
Standards for the classification of early-warnings shall be formulated by the State Council or such a department as determined by the State Council.

Article 43 Where any natural disaster, accidental disaster or public health incident to which early-warnings are able to be given is to occur or the possibility of its occurrence increases, local people's governments at and above the county level shall, in accordance with scope of authorities and procedures specified in relevant laws or administrative regulations or by the State Council, issue a early-warning of an appropriate level, decide and declare that relevant areas enter an early-warning period, simultaneously make a report to the people's government at the next higher level, make a report by bypassing the immediate authority if necessary, and give a notice to the army stationed locally and the people's governments of adjacent or relevant places likely to be affected.

Article 44 After issuing a third or fourth-level warning and making a declaration with respect to the commencement of an early-warning period, local people's governments at and above the county levels shall, in light of the characteristics and possible damage of emergency incidents to occur very soon, take the following measures:
1. Putting into practice emergency response plans;
2. Ordering relevant departments, professional institutions, monitoring stations and personnel with specific functions and duties to timely collect and report relevant information, make available to the public channels disclosing emergency incident information, and strengthening monitoring, forecasting and early-warning activities with respect to the occurrence and development of the emergency incidents;
3. Making arrangements for relevant departments and institutions, professional technicians, relevant experts and scholars to make an analysis and evaluation of emergency incident information at any time and make a forecast with respect to the possibility of the emergency incidents, the scope and degree of their effect, and the levels of any emergency incidents likely to occur;
4. Making available to the public forecast information on any emergency incidents related to the public and their analysis and evaluation results on a regular basis and managing reporting activities with respect to relevant information; and
5. Promptly issuing to the public a warning of damage likely to be caused by the emergency incidents in accordance with relevant provisions, giving publicity to common knowledge concerning the prevention and mitigation of damage, and making available to the public an information line.

Article 45 After issuing a first or second-level warning and making a declaration with respect to the commencement of an early-warning period, local people's governments at and above the county levels shall, in addition to measures specified in Article 44 hereof, take one or more of the following measures in light of the characteristics and possible damage of emergency incidents to occur very soon:
1. Ordering emergency rescue teams and personnel with specific functions and duties to be in a standby state and mobilizing reserve personnel to make preparation for participating in emergency response rescue activities and operations;
2. Allocating resources, equipment and instruments necessary for emergency response rescue activities, making preparation for emergency response facilities and shelters and ensuring that such facilities and shelters are in good condition and can be normally put into use at any time;
3. Making efforts to protect the security of key entities, major places and significant infrastructure and maintaining the order of public security;
4. Taking necessary measures to ensure the security and normal operation of public facilities such as transportation, communication, water supply, drainage, power supply, gas supply, or heating supply facilities;
5. Releasing to the public recommendations or advice relating to the avoidance or mitigation of damage by taking specific measures;
6. Transferring, dispersing or evacuating people likely to be affected by the emergency incidents and making proper arrangements for them and transferring significant property;
7. Closing down or restricting the use of places likely to be affected by the emergency incidents and controlling or limiting activities in public places which are likely to cause the expansion of damage; and
8. Any other necessary preventive and protective measures specified in laws, regulations or rules.

Article 46 For public security incidents which are to occur very soon or have occurred, local people's governments at and above the county levels and their relevant competent departments shall make a report to the people's governments at the next higher level and their relevant competent departments and make such a report by bypassing the immediate authority where necessary.

Article 47 Any people's government which issues a warning with respect to emergency incidents shall, in light of the development of the situations involved and in accordance with relevant provisions, make timely adjustments to the level of warning and issue a new warning.
Where there is any fact indicating that it is impossible for an emergency incident to occur or the danger of such an emergency incident have been removed, any people's government that issues a warning shall immediately make a declaration for the removal of the warning, terminate the early-warning period and remove the relevant measures that have been taken.

Chapter IV Emergency Response Operations and Rescue Activities

Article 48 After the occurrence of an emergency incident, any people's government which discharges the functions and duties of unified leadership or makes arrangements for emergency response operations shall, in light of the nature, characteristics and degree of damage of the emergency incident, immediately arranges for relevant departments to mobilize emergency response rescue teams and social forces and takes emergency response operation measures in accordance with the provisions of this Chapter and relevant laws, regulations and rules.

Article 49 After the occurrence of a natural disaster, accidental disaster or public health incident, any people's government which discharge the functions and duties of unified leadership may take one or more of the following emergency response operation measures:
1. Making arrangements to rescue and cure injured people, dispersing, evacuating and making proper arrangements for people under threat, and taking other salvation measures;
2. Promptly keeping hazard sources under control, marking dangerous areas, closing off dangerous places, delimiting security areas, and imposing traffic control and other control measures;
3. Immediately rushing to repairing public facilities such as transportation, communication, water supply, drainage, power supply, gas supply, or heating supply facilities which are damaged, providing people who are affected with shelters and necessities of life, giving medical treatments and taking disinfection action and other protective measures;
4. Prohibiting or restricting the use of relevant equipment or facilities, closing down or restricting the use of relevant places, terminating people-intensive activities or production or business activities which are likely to cause the expansion of damage, and taking other protective measures;
5. Putting into use financial reserve funds established and emergency response rescue resources reserved by any such people's government and transferring other resources, equipment, facilities and instruments in urgent need where necessary;
6. Arranging for citizens to participate in emergency response rescue activities and operations and requiring people with any special skills to provide services;
7. Ensuring the supply of food, drinking water, fuel and other basic necessities of life;
8. Punishing severely in accordance with the law any party who corners the market, drives up prices, produces and sells fake goods and commits other acts which disturb the order of the market, keeping the stability of market prices, and maintaining the order of the market;
9. Punishing severely in accordance with the law any party who plunders another party's property, interferes with or ruins emergency response operations or commits other acts which disturb the social order and maintaining the security of society; and
10. Taking necessary measures to prevent the occurrence of any secondary or derivative incident.

Article 50 After the occurrence of a public security incident, any people's government which makes arrangements for emergency response operations shall immediately make arrangements for relevant departments and the public security organ to take one or more of the following emergency response operation measures in light of the nature, characteristics and degree of damage of the incident and in accordance with relevant laws, administrative regulations and other provisions of the State:
1. Compulsorily segregating parties who fight each other with weapons or resolves conflicts by violent means, properly addressing spot disputes or conflicts and controlling the development of the situations involved;
2. Keeping under control buildings, transport vehicles, equipment, facilities within a specific area and the supply of fuel, gas, power and water for such an area;
3. Closing off relevant places and roads, examining the identity documents of people on the scene, and limiting activities at relevant public places;
4. Making more efforts to protect the security of key organs and entities which are likely to be affected and circling temporary cordons around state organs, military organs, state-level news agencies, radio stations, TV stations, foreign embassies and consulates in China and other entities;
5. Taking any other necessary measures specified in laws or administrative regulations or by the State Council.
Where an incident which seriously damages the order of public security occurs, the public security organ shall immediately dispatch police officers in accordance with the law and take appropriate compulsory measures in accordance with the law depending on the on-the-spot circumstances so as to restore the normal order of society as soon as possible.

Article 51 Where the occurrence of an emergency incident seriously affects the normal operation of the national economy, the State Council or the relevant competent department authorized by the State Council may take safeguard, control and other necessary emergency response measures to ensure the supply of basic necessities of life to the population and to the maximal extent mitigate the effect of such an emergency incident.

Article 52 Where necessary, any people's government which discharges the functions and duties of unified leadership or makes arrangements for emergency response operations may expropriate equipment, facilities, places, transport vehicle and other resources necessary for emergency response rescue activities from any entity or individual, request the people's government of another place to provide manpower, material resources, financial or technical support, require any entity which produces or supplies necessities of life and emergency response rescue resources to make arrangements for their production and ensure their supply, and require any organization which provides public services such as medical care and transportation services to provide appropriate services.
Any people's government which discharges the functions and duties of unified leadership or makes arrangements for emergency response operations shall make arrangements for and bring into line entities engaged in transport services to first transport resources, equipment and instruments necessary for emergency response operations, emergency response rescuers and people who are affected by the emergency incident in question.

Article 53 Any people's government which discharges the functions and duties of unified leadership or makes arrangements for emergency response operations shall, in accordance with relevant provisions, release information on the development of the state of an emergency incident and on emergency response operations related thereto in a consistent, accurate and timely manner.

Article 54 No entity or individual shall fabricate or spread false information on the development of the state of an emergency incident or emergency response operations related thereto.

Article 55 Residents' committees, villagers' committees or other organizations at the places where emergency incidents occur shall, pursuant to decisions or orders made by the local people's governments, conduct publicity and mobilization activities, make arrangements for the people to carry out self-rescue and mutual rescue activities and provide assistance in maintaining the order of society.

Article 56 Any entity which is affected by a natural disaster or in which an accidental disaster or public health incident occurs shall immediately make arrangements for its own emergency response rescue team and personnel to rescue the injured people, disperse, evacuate and make arrangements for people under threat, keep hazard sources under control, mark dangerous areas, close off dangerous places, take other measures necessary to prevent the expansion of damage and at the same time make a report to the local people's government at the county level; for any public security incident which occurs as a result of any issues of any such entity or any party responsible for which is an employee of any such entity, any such entity shall make a report to authorities at higher levels in accordance with relevant provisions and promptly dispatch its principal person to arrive at the scene to conduct mediation and settlement activities.
Other entities at the place where an emergency incident occurs shall follow decisions or orders issued by the people's government, support emergency response operation measures adopted by the people's government, properly conduct their own emergency response rescue activities and actively arrange for their personnel to participate in local emergency response rescue activities and operations.

Article 57 Citizens at the place where an emergency incident occurs shall follow the direction and arrangements of the people's government, residents' committees, villagers' committees or their employers, support emergency response operation measures adopted by the people's government, actively participate in emergency response rescue activities and provide assistance in maintaining the order of society.

Chapter V Post-Emergency Rehabilitation and Reconstruction

Article 58 After the threat and damage of an emergency incident is under control or removed, any people's government which discharges the functions and duties of unified leadership or makes arrangements for emergency response operations shall cease implementing emergency response operation measures which are taken in accordance with the provisions of this Law and at the same time take or continue to implement necessary measures to prevent the occurrence of any natural disaster, accidental disaster, or secondary or derivative public health incident or the occurrence of another public security incident.

Article 59 After the completion of emergency response operations with respect to an emergency incident, any people's government which discharges the functions and duties of unified leadership shall immediately make arrangements to make an evaluation of losses incurred as a result of the emergency incident, make arrangements for restoring production, life, work and social order in the affected regions as soon as possible, make rehabilitation and reconstruction plans and report the plans to the people's government at the next higher level.
The people's government of a region affected by an emergency incident shall timely make arrangements for and bring into line relevant departments such as public security, transport, railway, civil aviation, post and telecommunication, and construction departments to restore the order of public security and repair as soon as possible public facilities such as transportation, communication, water supply, drainage, power supply, gas supply, or heating supply facilities which are damaged.

Article 60 Where the people's government of a region affected by an emergency incident needs the support of the people's government at the next higher level in carrying out rehabilitation and reconstruction activities, it may file a request to the people's government at the next higher level. The people's government at the next higher level shall, in light of losses suffered by and actual circumstances in the affected region, provide financial or material resources support and technical advice and make arrangements for other regions to provide financial, material resources and manpower support.

Article 61 The State Council shall, in light of losses suffered by a region affected by an emergency incident, formulate preferential policies in support of the development of relevant industry sectors in such a region.
The people's government of a region affected by an emergency incident shall, in light of losses suffered by the region, make plans for relief, compensation, comfort, consolation, resettlement and other activities after the incident, arrange for the implementation of such plans, and properly resolve any conflicts or disputes arising out of the disposition of the emergency incident.
During the period in which a citizen participates in emergency response rescue activities or helps to maintain the social order, his or her employer shall keep his or her salary and benefits unchanged; any citizen who accomplishes outstanding or remarkable deeds in doing so shall be honored or rewarded by a people's government at or above the county level.
People's government at and above the county level shall, in accordance with the law, give allowance to any person who is injured in the course of emergency response rescue activities.

Article 62 Any people's government which discharges the functions and duties of unified leadership shall ascertain through investigations in a timely manner the process of an emergency incident and the reasons for its occurrence, draw experience and lessons from emergency response operations with respect to the emergency incident, come up with measures to improve the operations and make a report to the people's government at the next higher level.

Chapter VI Legal Liability

Article 63 Where local people's governments at all levels and the relevant departments of people's governments at and above the county level, in violation of the provisions of this Law, fail to perform their statutory functions and duties, administrative authorities at higher levels or supervisory authorities shall order them to take remedial action: where they fall under any of the following circumstances, the principal person directly responsible therefor and any other persons directly responsible therefor shall be penalized in accordance with the law depending on the circumstances involved:
1. Where they fail to take precautionary measures in accordance with relevant provisions, thereby leading to the occurrence of any emergency incident, or fail to take necessary preventive measures, thereby leading to the occurrence of any secondary or derivative incident;
2. Where they delay in reporting, misreport, conceal from being reported, or fail to report information on any emergency incident, or circulate, report, or release false information, thereby leading to any consequences;
3. Where they fail to timely issue a warning with respect to an emergency incident or take measures for an early-warning period in accordance with relevant provisions, thereby leading to the occurrence of any damage;
4. Where they fail to timely take measures to deal with an emergency incident in accordance with relevant provisions or deal with it improperly, thereby leading to any consequences;
5. Where they fail to follow the unified leadership, direction and coordination of the people's government at the next higher level for emergency response operations with respect to an emergency incident;
6. Where they fail to make timely arrangements for activities after an emergency incident such as self-helping production activities and rehabilitation and reconstruction activities;
7. Where they intercept, misappropriate, make an illicit allocation of or make an disguised illicit allocation of funds or resources for emergency response rescue activities; and
8. Where they fail to timely return property expropriated from any entity or individual or fail to give compensation in accordance with relevant provisions to any entity or individual whose property is expropriated.

Article 64 Where an entity falls under any of the following circumstances, the local people's government which discharges the functions and duties of unified leadership shall order it to cease production and business activities, seize temporarily or revoke its permit or business license, and impose a fine of between CNY50,000 and CNY200,000; where the circumstances involved constitute a violation of public security administration laws, the public security organ shall impose appropriate punishment in accordance with the law:
1. Where the entity fails to take precautionary measures in accordance with relevant provisions, thereby leading to the occurrence of any extremely serious emergency incident;
2. Where the entity fails to timely remove any discovered hidden hazard which may give rise to an emergency incident, thereby leading to the occurrence of any extremely serious emergency incident;
3. Where the entity fails to properly maintain and check emergency response equipment and facilities on a day-to-day basis, thereby leading to the occurrence of any extremely serious emergency incident or the expansion of damage caused by any emergency incident; and
4. Where the entity fails to make timely arrangements for emergency response rescue activities after the occurrence of an emergency incident, thereby leading to any serious consequences.
Where it is provided in any other laws or administrative regulations that the relevant department of a people's government shall make a decision on the imposition of punishment in accordance with the law with respect to any of the circumstances specified in the preceding paragraph, such provision shall be complied with.

Article 65 Whoever, in violation of the provisions of this Law, fabricates and spreads false information on the development of the state of any emergency incident or emergency response operations related thereto, or spread knowingly such false information shall be ordered to take remedial action and given a warning; where any serious consequences are caused, its business activities or business license shall be suspended in accordance with the law; where any person directly responsible therefor is a government employee, any such person shall be given an appropriate penalty in accordance with the law; where the circumstances involved constitute a violation of public security administration laws, the public security organ shall impose appropriate punishment in accordance with the law.

Article 66 Where an entity or individual, in violation of the provisions of this Law, fails to follow any decisions or orders issued by the local people's government or its relevant departments, or support measures which are taken by such government or departments in accordance with the law and the circumstances involved constitute a violation of public security administration laws, the public security organ shall penalize such an entity or individual in accordance with the law.

Article 67 Where the occurrence of an emergency incident or the expanse of its damage caused as a result of any violation of this Law by an entity or individual brings bodily injury or property damage to another person, such an entity or individual shall assume appropriate civil liability in accordance with the law

Article 68 Any party who commits a crime by violating the provisions of this Law shall be pursued for criminal liability in accordance with the law.

Chapter VII Supplementary Provisions

Article 69 Where the occurrence of an extremely serious emergency incident poses a great threat to the safety of people's lives and property, the national security, the public security, the security of environment or the social order, such a threat can not be removed or kept under effective control by taking emergency response operation measures specified in this Law and other relevant laws, regulations or rules, and it is necessary to declare a state of emergency, the Standing Committee of the National People's Congress or the State Council shall make a decision in accordance with the scope of authorities and procedures specified in the constitution and other relevant laws.
Extraordinary measures to be adopted during the period in which a state of emergency is effective shall be implemented in accordance with relevant laws or separately specified by the Standing Committee of the National People's Congress.

Article 70 This Law shall come into effect on November 11, 2007.