Measures for Shaanxi Province to Implement the Emergency Response Law of People's Republic of China (PRC)

Chapter I General Provisions Article 1 [Legislative Purpose] In order to standardize emergency response activities, prevent and reduce the occurrence of emergencies, control and eliminate the serious social harm caused by emergencies, improve the efficiency of emergency response, and protect the safety of people's lives and property, these measures are formulated in accordance with the Emergency Response Law of People's Republic of China (PRC) and in combination with the actual situation of this province. Article 2 [Scope of Application] These Measures are applicable to emergency prevention and emergency preparedness, monitoring and early warning, emergency response and rescue, post-disaster recovery and reconstruction within the administrative area of this province. Article 3 The term "unexpected events" as mentioned in these Measures refers to natural disasters, accidents, public health incidents and social security incidents that occur suddenly and cause or may cause serious social harm and require emergency measures.

Natural disasters, accidents and public health incidents are classified as particularly serious, major, major and general. Where laws, administrative regulations or the State Council have other provisions, those provisions shall prevail.

The grading standards for emergencies shall be implemented in accordance with the relevant provisions of the state. Article 4 [Principles and System of Emergency Management] The emergency response shall adhere to the principles of people-oriented, prevention first and combination of emergency prevention, and establish an emergency management system with unified leadership, comprehensive coordination, classified management, graded responsibility and territorial management. Fifth people's governments at or above the county level are the administrative leading organs to deal with emergencies. The people's governments at the county level shall be responsible for the emergency response within their respective administrative areas; Involving more than two administrative regions, the people's government at the next higher level in the relevant administrative region shall be jointly responsible, or the people's government at the next higher level in the relevant administrative region shall be jointly responsible.

The relevant departments of the people's governments at or above the county level shall, in accordance with the laws, regulations and responsibilities determined by the people's governments at the corresponding levels, be responsible for emergency response, and guide and assist the people's governments at lower levels and their departments at the corresponding levels to do a good job in emergency response.

Township people's governments and sub-district offices shall do a good job in responding to emergencies in their respective jurisdictions according to law. Article 6 The people's governments at or above the county level shall set up emergency committees to uniformly lead and comprehensively 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 work. The emergency committee consists of the people's government at the corresponding level and relevant departments, the China People's Liberation Army and the Chinese People's Armed Police Force, with the chief executive of the people's government at the corresponding level as the director.

The emergency management office at or above the county level shall be responsible for the daily work of the emergency committee of the people's government at the corresponding level.

The people's governments at or above the county level may, according to the needs of the work, set up a special emergency emergency headquarters to organize, coordinate and direct the emergency response work of related categories. Seventh people's governments at or above the county level shall be responsible for organizing the preparation of the emergency system construction plan, which shall be incorporated into the national economic and social development plan, and shall be implemented.

The contents of emergency system construction planning should include: emergency plan system, risk assessment system, emergency team system, monitoring and early warning capability, emergency material support system, grassroots emergency capability, emergency platform system, popular science education system, post-disaster recovery and reconstruction capability, and science and technology support system construction. Article 8 [Risk Assessment] The people's governments at or above the county level shall establish an emergency risk assessment system to comprehensively evaluate possible emergencies, so as to reduce the occurrence of emergencies and mitigate their impact. Article 9 The people's governments at or above the county level shall incorporate the emergency response funds into the fiscal budget.

The reserve funds of the financial budget should be given priority to the expenses needed for emergency response and rescue. Article 10 People's governments at or above the county level shall appoint relevant professionals, establish a team of emergency response experts, and provide analysis and evaluation, decision-making consultation and disposal suggestions for emergency response. Article 11 The people's governments at or above the county level shall establish a linkage mechanism with the resident China People's Liberation Army, the Chinese People's Armed Police Force and relevant units stationed in Shaanxi, strengthen cooperation with surrounding areas, and effectively prevent and handle emergencies. Twelfth [information disclosure] people's governments at or above the county level shall establish and improve the emergency information disclosure system, improve the information release and spokesperson system. Article 13 [Social Mobilization Mechanism] The people's governments at or above the county level shall establish a social mobilization mechanism, guide local units to establish emergency mechanisms and responsibility systems, organize emergency publicity, training, drills and other related activities, enhance public awareness of public safety and risk prevention, and improve the ability of the whole society to avoid risks, save themselves and help each other.

Encourage citizens, legal persons and other organizations to provide materials, funds, technical support and donations for emergency response. Fourteenth trade unions, the Communist Youth League, women's federations, the Red Cross, charities and other social organizations shall, according to their respective work characteristics, assist the people's government to deal with emergencies.

The residents' committees and villagers' committees shall cooperate with the people's government and its relevant departments to deal with emergencies. Fifteenth people's governments at or above the county level shall promptly make decisions and orders to deal with emergencies, and report to the Standing Committee of the people's congress at the corresponding level for the record within 3 days; After the completion of the emergency response work, a special work report shall be made to the Standing Committee of the people's congress at the corresponding level within 3 months.