Emergency Response Law of the People’s Republic of China
Updated: 2019-03-29
(en.nhc.gov.cn)
Article 52 The people's government performing the duty of unified leadership or being responsible for organizing the handling of an emergency may, when necessary, expropriate from units or individuals equipment, facilities, premises, means of transportation and other materials needed for emergency rescue, request other local people's governments to support them with human, material or financial resources or technologies, require the enterprises that produce or supply daily necessities and materials for emergency rescue to organize production and ensure supply, and require the organizations that provide medical services, transportation and other public services to do so.
The people's government performing the duty of unified leadership or being responsible for organizing the handling of an emergency shall organize and coordinate the units engaged in transportation, to give priority to the transportation of the materials, equipment, and instruments needed for emergency handling, the emergency rescue persons and victims of the emergency.
Article 53 The people's government performing the duty of unified leadership or being responsible for organizing the handling of an emergency shall, according to the relevant regulations, publish uniform, accurate and timely information on the development and handling of the emergency.
Article 54 No unit or individual shall fabricate or disseminate false information on the development or handling of an emergency.
Article 55 The residents' committees, villagers' committees and other organizations in the place where an emergency occurs shall, according to the decisions and orders of the local people's government, conduct publicity and mobilization, organize the people to rescue themselves and eath other, and help maintain social order.
Article 56 The unit that suffers natural disaster or in which a calamitous accident or public health incident occurs shall immediately mobilize its own rescue teams and staff members to rescue the victims, disperse and evacuate the persons endangered and have them resettled, take control of the sources of danger, clearly mark the endangered areas, blockade the endangered premises, and take other necessary measures for preventing the expansion of the scale of damage, and at the same time, it shall report the matter to the local people’ government at the county level; if a social safety incident is caused by the problem of the unit itself or if its own staff members constitute the main participants in the incident, the said unit shall, according to relevant regulations, report the matter to the authority at a higher level and promptly send its leading persons to rush to the scene and conduct persuasion and mediation.
The other units in the place where an emergency occurs shall obey the decisions and orders issued by the people's government, cooperate with the people's government in implementing the measures it adopts for handling the emergency, do a good job of self-rescue and proactively organizing persons to participate in emergency rescue and handling in the place where they are located.
Article 57 Citizens in the place where an emergency occurs shall follow the direction and arrangements of the people's government, residents' committees, villagers' committees or the units to which they belong, cooperate with the people's government in implementing the measures it adopts for handling the emergency, proactively participate in emergency rescue and help maintain social order.
Chapter V
Post-Emergency Rehabilitation and Reconstruction
Article 58 After the threat of and the damage caused by an emergency is brought under control or eliminated, the people’s government performing the duty of unified leadership or being responsible for organizing the handling of the emergency shall terminate the implementation of the measures for handling the emergency which are taken in accordance with the provisions of this Law and shall, at the same time, shall take or continue to implement the necessary measures to prevent the occurrence of the secondary or derivative incidents of the natural disaster, calamitous accident or public health incident or the recurrence of the social safety incident.
Article 59 After completion of the handling of an emergency, the people's government performing the duty of unified leadership shall immediately arrange for assessing the losses caused by the emergency, organize rapid restoration of production, normal life and work and social order in the affected areas, make rehabilitation and reconstruction plans, and report the same to the people's government at the next higher level.
The people's government of the place affected by an emergency shall, in a timely manner, organize and coordinate the efforts of the relevant departments such as the public security, transportation, railway, civil aviation, post and telecommunications, and construction departments to restore public order and repair, as soon as possible, the damaged public facilities for transportation, communications, water supply, drainage, power supply, gas supply, heat supply, etc.
Article 60 When the people's government of the place affected by an emergency needs the support from the people's government at the next higher level in its effort to carry out rehabilitation and reconstruction, it may submit a request to the latter to such an effect, which shall, according to the losses suffered by the affected area and in light of the actual conditions, provide monetary and material support and technical guidance and organize other areas to provide support in terms of funds, materials and human resources.
Article 61 The State Council shall, according to the losses suffered by the area affected by an emergency, formulate preferential policies to support the development of the related industries in the said area.
The people's government of the area affected by an emergency shall, according to the losses suffered by the area, make plans for providing aid, making up the losses, offering consolation and making compensation, and helping in resettlement in the aftermath of the emergency, and arrange for the implementation of such plans, and shall properly settle the conflicts and disputes caused in the course of emergency handling.
During the period when a citizen participates in emergency rescue or helps in maintaining social order, his salary and welfare benefits given by his employing unit shall remain unchanged; if he has performed remarkably and made outstanding achievements during the period, the people's government at or above the county level shall commend or reward him.
People's governments at or above the county level shall, in accordance with law, make compensation to the persons who are injured or killed in the course of emergency rescue.
Article 62 The people's government performing the duty of unified leadership shall, in a timely manner, ascertain the cause and the process of development of the emergency, analyze the experience and lessons in the handling of the emergency, introduce measures for improvement, and report the same to the people's government at the next higher level.
Chapter VI
Legal Liability
Article 63 Where a local people's governments or the relevant department of a people's government at or above the county level, in violation of the provisions of this Law, fails to perform its statutory duties, it shall be ordered by its superior administrative organ or a supervisory organ to make rectification; under one of the following circumstances, the leading person directly in charge and the other persons directly responsible shall be given sanctions according to law in light of the seriousness of the case:
(1) failing to take the required preventive measures, thus causing the occurrence of an emergency, or failing to take the necessary preventive measures, thus causing the occurrence of a secondary or derivative incident;


