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

nstruction projects which may possibly cause severe secondary calamities mentioned in the present Law refers to those projects like large reservoir dams, dykes, facilities for storage of oil, gas, combustibles, explosives, extremely poisonous or strong corrosive matters or other construction projects that may, after damaged by earthquake, cause flood, fire, explosion, leak of extremely poisonous or strong corrosive matters in large volume or cause other kind of severe secondary calamities.

　　Nuclear power stations and nuclear construction projects, which, after damaged by earthquake, may cause severe secondary calamity of radioactive pollution, shall be subject to serious earthquake safety assessment and adopt strict anti-seismic defences according to law.

　　Article 18 The administrative department of the State Council in charge of earthquake affairs shall be held responsible for drawing earthquake intensity districts-division map or earthquake parameter districts-division map and for examination and approval of results of earthquake safety assessment.

　　The administrative department of the State Council in charge of construction affairs shall be held responsible for formulating rules regarding anti-seismic design for different kinds of houses, buildings, subsidiary facilities and public municipal facilities except for where it is otherwise stipulated in the third paragraph of the present Article.

　　Departments of the State Council in charge of railway, transport, civil aviation, water conservancy projects and other relevant departments-in-charge shall be held responsible for formulating rules regarding anti-seismic design for construction of railways, highways, harbours, ports, airports, water conservancy projects or other special projects.

　　Article 19 Construction projects must have their anti-seismic design according to anti-seismic defensive requirements and anti-seismic design rules, and construction operations be conducted according to anti-seismic design.

　　Article 20 Following constructions and structures, if already built without anti-seismic defences against earthquake

, shall be subject to assessment in terms of anti-seismic performance according to relevant state provisions and be reinforced with necessary earthquake-resisting fortifications:

　　(1) constructions or structures in important construction projects;

　　(2) constructions or structures that may possibly cause severe secondary calamities;

　　(3) constructions or structures that are of important cultural relic value or commemorative significance; and

　　(4) constructions or structures that are located within focal areas for earthquake monitoring and precaution.

　　Article 21 Where there are sources of secondary calamities caused by earthquake like fire, flood, landslide, radioactive pollution or epidemics, the concerned local people's governments shall adopt proper and effective preventive measures.

　　Article 22 In light of earthquake information and predictive conclusions, the administrative department of the State Council in charge of earthquake affairs and departments- or agencies-in-charge under local people's governments at or above the county level shall jointly formulate the programme with relevant departments at the corresponding level on earthquake precaution and relief, submit the programme to the people's government at the corresponding level and organize its implementation after approved.

　　Revision of the programme on earthquake precaution and relief shall be subject to approval of the same agency who first authorized the programme.

　　Article 23 People's governments at different levels shall organize dissemination and education in knowledge about precautions against earthquake and relief of disaster, strengthen the people's awareness of earthquake precaution and relief, improve citizens' ability to relieve by themselves and help each other in case of the disaster, reinforce training of relevant professionals so as to improve efficiency of emergency aid for disaster relief.

　　Article 24 People's governments at or above the county level in designated focal areas for earthquake monitoring and precaution shall, in light of real necessity and possibility, include in financial budget at the same level or in goods reserve proper funds and goods for the purpose of defence against earthquake and relief of disaster.

　　Article 25 The state encourages units and individuals to join earthquake disaster insurance.

　　Chapter IV Earthquake Emergency Measures

　　Article 26 The administrative department of the State Council in charge of earthquake affairs shall, jointly with other relevant departments of the State Council, formulate preparative programme on emergency measures against destructive earthquake and submit such programme to the State Council for approval.

　　Relevant departments of the State Council shall, according to the preparative programme on emergency measures against destructive earthquake, formulate, for the respective departments themselves, their own preparative emergency programmes against destructive earthquake, and shall submit such programmes to the State Council for approval.

　　Where destructive earthquake is possible to take place, departments or agencies in charge of earthquake affairs under people's governments at or above the county level, shall, in light of the state preparative programme on emergency measures against destructive earthquake, formulate for the respective areas regional preparative programmes on emergency measures against destructive earthquake jointly with other relevant local departments, and shall submit such programmes to the people's government at the same level for approval. Preparative programmes on emergency measures against destructive earthquake formulated by province, autonomous region or city with a population of more than one million shall submit the programmes for record to the administrative department of the State Council in charge of earthquake affairs.

　　"Destruc

tive earthquake" as is mentioned in the present Law refers to such earthquake that causes personal casualties or/and property loss.

　　Article 27 The state encourages and supports research and development of technologies and equipment for earthquake emergency relief.

　　Where it is possible to have destructive earthquake, the people's governments at or above the county level shall instruct relevant departments to arrange for necessary reserve of earthquake emergency rescue and relief equipment and conduct training in using such equipment.

　　Article 28 A preparative programme on emergency measures against destructive earthquake shall include the following contents:

　　(1) composition and responsibility of the emergency agency;

　　(2) safeguarding of emergency telecommunication;

　　(3) composition of emergency rescue personnel and preparation for emergency funds and goods;

　　(4) preparations for equipment for emergency relief and rescue;

　　(5) preparations for calamity assessment; and

　　(6) emergency programme of actions.

　　Article 29 After release of a close-on warning against a destructive earthquake, the people's government of concerned province, autonomous region or municipality directly under the Central Government may declare that the forecastedarea enters a close-on-earthquake emergency period; relevant local people's governments shall, according to preparative programmes on emergency measures against destructive earthquake, organize relevant departments to mobilize social forces for proper preparations for rescue and relief.

　　Article 30 When a severely destructive earthquake takes place, the State Council shall set up an earthquake rescue and relief headquarter to organize enforcement of the corresponding preparative programme on emergency measures against destructive earthquake. The executive agency of the State Council earthquake rescue and relief headquarter shall be set up within the administrative department of the State Council in charge of earthquake affairs.

　　When a destructive earthquake takes place, relevant local people's governments at or above the county level shall set up an earthquake rescue and relief headquarter to organize enforcement of corresponding preparative programmes on emergency measures against destructive earthquake.

　　"Severely destructive earthquake" as is mentioned in the present Law refers to such disaster of earthquake that causes severe casualties and property loss, totally or partially forfeits self-recovery ability of the earthquake-strickenarea and therefore necessitates state actions in response.

　　Article 31 People's governments at different levels in the disaster afflicted area shall timely report to people's government at next higher level information about situation, conditions and development of the disaster. The people's government of the earthquake-stricken province, autonomous region or municipality directly under the Central Government shall release to the public information about the earthquake and consequent situations according to corresponding provisions of the State Council.

　　The administrative department of the State Council in charge of earthquake affairs or the department-in-charge of the people's government of earthquake-stricken province, autonomous region or municipality directly under the Central Government shall, together with other relevant departments, timely conduct investigation and assessment of the losses caused by earthquake. Result of the investigation shall be timely reported to the people's government at the same level.

　　Article 32 Whe

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