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;

(2) delaying submission of report, or giving false report, on information about an emergency, concealing or omitting certain facts, or circulating, submitting or releasing false information, thus leading to adverse consequences;

(3) failing to give the alarm for an emergency or take measures for the period of early warning in a timely manner according to regulations, thus resulting in damage;

(4) failing to take timely measures for handling the emergency according to regulations, or failing to handle the emergency appropriately, thus causing adverse consequences;

(5) failing to follow the unified leadership, command and coordination of the people’s government at a higher level or handling an emergency;

(6) failing, in a timely manner, to organize and carry out production for self-support, rehabilitation, reconstruction and other post-emergency work;

(7) withholding, misappropriating or illegally sharing the funds or materials for emergency rescue or illegally sharing them in disguised form; or

(8) failing to return the expropriated property of the units or individuals in a timely manner, or failing to compensate according to regulations the units or individuals whose property is expropriated.

Article 64 Under one of the following circumstances, a related unit shall be ordered by the local people’s government performing the duty of unified leadership to suspend production or business operation, the said government shall have its permit or business license suspended or revoked, and in addition, impose on it a fine of not less than RMB50,000 yuan but not more than 200,000 yuan; and if its act constitutes a violation of the regulations for administration of public security, a penalty shall be imposed on it by the public security organ according to law:

(1) failing to take preventive measures according to regulations, thus causing the occurrence of a serious emergency;

(2) failing, in a timely manner, to remove the hidden danger it discovers which may lead to the occurrence of an emergency, thus causing the occurrence of a serious emergency;

(3) failing to do a good job of the routine maintenance and testing of the emergency equipment and facilities, thus causing the occurrence of a serious emergency or the expansion of the scale of the damage inflicted by the emergency; or

(4) failing, in a timely manner, to organize and carry out emergency rescue after the occurrence of an emergency, thus causing serious consequences.

Where other laws or administrative regulations provide that with respect toany of the violations specified in the preceding paragraph, a penalty shall be decided on by the relevant department of the people’s government according to law, such provisions shall apply.

Article 65 Any unit or individual that, in violation of the provisions of this Law, fabricates and disseminates false information on the development or handling of an emergency, or knowingly disseminates such false information, shall be ordered to put it right and shall be given a warning; where serious consequences are caused, it/he shall suspend business operation or its/his practicing certificate shall be revoked according to law; if the leading person directly responsible is a State functionary, he shall, in addition, be given a sanction according to law; and if such an act constitutes a violation of the regulations for administration of public security, a penalty shall be imposed by the public security organ according to law.

Article 66 Where any unit or individual, in violation of the provisions of this Law, fails to follow the decisions or orders of the local people’s government and its relevant departments or refuses to act in coordination with the measures taken thereby according to law, which constitutes a violation of the regulations for administration of public security, a penalty shall be imposed on it/him by the public security organ according to law.

Article 67 Any unit or individual that violates the provisions of this Law, which leads to the occurrence of an emergency or the expansion of the scale of the damage, thus causing personal harm or property losses to another person, shall bear civil liability according to law.

Article 68 Anyone who violates the provisions of this Law, which constitutes a crime, shall be investigated for criminal responsibility according to law.

Chapter VII

Supplementary Provisions

Article 69 Where an especially serious emergency occurs, which posts a major threat to the safety of the lives and property of the people, to national security, public security, environmental safety or social order, and the serious harm which inflicts on the society cannot be eliminated, kept under effective control or mitigated by taking the measures for handling emergency, as provided for in this Law and in other relevant laws, administrative regulations and rules, therefore it is necessary to enter into a state of emergency, the matter shall be subject to decision made by the Standing Committee of the National People’s Congress or the State Council within the limits of their power and according to procedure as provided for by the Constitution and the relevant laws.

The extraordinary measures taken during the period of a state of emergency shall be carried out according to the provisions of the relevant laws or be enacted separately by the Standing Committee of the National People’s Congress.

Article 70 This Law shall go into effect as of November 1, 2007.