中华人民共和国防震减灾法 THE LAW OF THE PEOPLES REPUBLIC OF CHINA ON PRECAUTIONS AGAINST EARTHQUAKE AND RELIEF O

(Adopted by the 29th Meeting of the Standing Committee of the Eighth National People's Congress on December 29, 1997, promulgated by Order No. 94 of the President of the People's Republic of China on December 29, 1997)
颁布日期：19971229 　实施日期：19980301 　颁布单位：全国人大常委会

　　Contents

　　Chapter I General Provisions

　　Chapter II Earthquake Monitoring and Prediction

　　Chapter III Precautions Against Earthquake Disaster

　　Chapter IV Earthquake Emergency Measures

　　Chapter V Post-earthquake Relief and Reconstruction

　　Chapter VI Legal Responsibilities

　　Chapter VII Supplementary Provisions

　　Chapter I General Provisions

　　Article 1 With a view to preventing and relieving earthquake disaster, protecting safety of people's lives and property, and safeguarding smooth progressing of socialist construction, the present Law is made.

　　Article 2 Where earthquake monitoring and prediction, precautions and emergency measures against earthquake disaster, post-earthquake relief and reconstruction (hereinafter referred to as earthquake precaution and relief) are conducted within the territory of the People's Republic of China, the present Law shall be applied.

　　Article 3 The principle of giving priority to precautions and combining precautions and relieves shall be adopted in the work of earthquake precaution and relief.

　　Article 4 The work of earthquake precaution and relief shall be covered by the planning on national economy and social development.

　　Article 5 The state encourages and supports scientific and technological research on earthquake, spreads application of advanced scientific research achievements and improves work of earthquake precaution and relief.

　　Article 6 Governments at different levels shall strengthen leadership over the work of earthquake precaution and relief, and shall organize relevant departments to take proper measures and do a good work for earthquake precaution and relief.

　　Article 7 Under the unified leadership of the State Council, the administrative department of the State Council in charge of earthquake affairs, the administrative department in charge of comprehensive economic work, the administrative department in charge of construction, civil affairs department and other relevant departments shall, according to division of work and functions, take care of their own responsibilities and closely cooperate to do the work of earthquake precaution and relief well.

　　Departments or agencies in charge of earthquake affairs and other relevant departments under local people's governments at or above the county level shall, under the leadership of the people's governments at the corresponding level and according to division of work and functions, take care of their own responsibilities and closely cooperate to do the work of earthquake precaution and relief well within their own administrative jurisdictions.

　　Article 8 All units and individuals shall be obliged to take part in activities for earthquake precaution and relief.

　　The People's Liberation Army, the People's Armed Police and the People's Militia shall fulfill tasks commissioned by the state for earthquake precaution and relief.

　　Chapter II Earthquake Monitoring and Prediction

　　Article 9 The state shall strengthen earthquake monitoring and prediction, encourage and give support to scientific and technological research on earthquake and improve earthquake monitoring and forecasting performance step by step.

　　Article 10 The administrative department of the State Council in charge of earthquake affairs shall be held responsible for formulating programmes on earthquake prevention and relief for the whole country and for organizing implementation of those programmes.

　　Administrative departments in charge of earthquake affairs under the people's governments

of provinces, autonomous regions or municipalities directly under the Central Government shall, according to the national programme on earthquake precaution and relief, be responsible for formulating local programme on earthquake precaution and relief within their respective administrative jurisdictions, and for organizing implementation of that programme.

　　Article 11 The administrative department of the State Council in charge of earthquake affairs shall, in light of earthquake activity trend, put forward opinions on ascertaining of focal areas for earthquake monitoring and precaution and submit those opinions to the State Council for approval.

　　Where focal areas for earthquake monitoring and precaution are nominated, departments or agencies of local people's governments at or above the county level in charge of earthquake affairs shall strengthen work of earthquake monitoring, formulate both short-term and close-on-earthquake programmes on forecasting, establish a meeting mechanism for discussing information about and tracing development of earthquake and improve performance of monitoring and prediction.

　　Article 12 The administrative department of the State Council in charge of earthquake affairs and departments or agencies of local people's governments at or above the county level in charge of earthquake affairs shall strengthen review, supervision, transmission, analysis and treatment of information concerning earthquake activities and warning signs and strengthen forecasting of the place, time and degree of earthquake that occurs probably.

　　Article 13 The state shall, for purpose of establishing an earthquake monitor network, adopt a system of unified planning but management by different levels in light of different categories.

　　The national earthquake monitor network comprises basic earthquake monitor networks of the state, provincial earthquake monitor networks and city or county earthquake monitor networks. Investment required for their construction shall be borne by the state and local finances according to the principle of linking financial power with administrative jurisdiction.

　　Where an earthquake monitor network is intended for service of a specific unit, the unit shall be responsible for investment in its construction and management and subject it to the instruction of the department or agency in charge of earthquake affairs under the respective local people's government at or above the county level.

　　Article 14 The state shall protect earthquake monitoring facilities and surroundings according to law. No unit or individual may damage earthquake monitoring facilities or surroundings. The scope of protection shall be designated for earthquake monitoring surroundings in light of the requirement of no interfering source around monitoring facilities which functions may be affected.

　　"Earthquake monitoring facilities" as is mentioned in the present Law refers to monitoring facilities, equipment, instruments of earthquake monitor networks or other earthquake monitoring facilities, equipment, instruments established according to regulations of the administrative department of the State Council in charge of earthquake affairs.

　　Article 15 New constructions, expanded constructions or reconstruction projects shall prevent from causing damage to earthquake monitoring facilities and surroundings. Where avoidance of such damage is really impossible, the construction unit shall, before beginning construction operations, first obtain permission from the administrative department of the State Council in charge of earthquake affairs or of its authorized department- or agency-in-charge under the local people's government at or above the county level and take relevant measures according to corresponding provisions of the State Council.

　　Article 16 The state adopts a system of unified disclosure of information upon earthquake forecast.

　　Short-term earthquake forecast and close-on-earthquake forecast shall be conducted by the people's government of province, autonomous region or municipality directly under the Central Government according to procedures stipulated by the State Council.

　　Any unit or professional worker engaged in earthquake work shall, when having opinions about short-term earthquake prediction or close-on-earthquake prediction, report such opinions to the administrative department of the State Council in charge of earthquake affairs or the relevant department- or agency-in-charge under the local people's government at or above the county level for their handling according to above-mentioned stipulations. They may not arbitrarily disclose them to the public by themselves.

　　Chapter III Precautions Against Earthquake Disaster

　　Article 17 New constructions, expanded constructions or reconstruction projects shall meet anti-seismic requirements for protection from earthquake.

　　All construction projects, except those mentioned in the third paragraph of the present Article, shall set up anti-seismic defences according to defensive requirements against earthquake as are promulgated by the state in the earthquake intensity district-division map or earthquake parameter district-division map.

　　Important construction projects and construction projects which may possibly cause severe secondary calamities shall be subject to earthquake safety assessment and shall set up anti-seismic defences according to defensive requirements against earthquake as are determined in light of results of such assessment.

　　"Important construction projects" as is mentioned in the present Law refers to those projects which are of important value to the society or have important influence.

　　Co

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