(Adopted at the 27th Meeting of the Standing Committee of the Eighth National People's Congress on August 29, 1997, and promulgated by Order No. 88 of the President of the People's Republic of China on August 29, 1997)
颁布日期：19970829 实施日期：19980101 颁布单位：全国人大常委会
Contents
Chapter I General Provisions
Chapter II Flood Control Planning
Chapter III Control and Prevention
Chapter IV Administration of Flood Control Areas and Flood Control Works
Chapter V Flood Control and Flood Fighting
Chapter VI Guarantee Measures
Chapter VII Legal Liability
Chapter VIII Supplementary Provision
Chapter I General Provisions
Article 1 This Law is enacted with a view to preventing and controlling flood, taking precautions against and alleviating calamities by flood and waterlogging, maintaining the safety of people's lives and property, and safeguarding the smooth progress of the socialist modernization construction.
Article 2 The work for flood control shall observe the principles of unified planning, overall consideration, focusing on prevention, integrated measures for treatment and subordinating local interests to general interests.
Article 3 The construction of flood control works should be incorporated into the national economic and social development plan.
Flood control funds shall be raised according to the principle of combining government input with rational payment by beneficiaries.
Article 4 The exploration and protection of water resources should be subject to the overall arrangements for flood control and observe the principle of combining the promotion of advantages with the elimination of disadvantages.
The control of rivers and lakes and the construction of flood control works should conform to the comprehensive plans for river basins and be integrated with the comprehensive exploration of water resources in river basins.
The comprehensive plans referred to in this Law mean those for the exploration of water resources and the prevention and control of water disasters.
Article 5 The work for flood control shall be carried out in the light of river basins or administrative areas and according to a system by which unified planning shall be implemented at different levels and consideration given to the administration of river basins as well as the administration of administrative areas.
Article 6 All units and individuals shall have the obligations to protect flood control works and to take part in flood control and flood fighting according to law.
Article 7 People's governments at all levels should intensify the unified leadership over the work for flood control, organize departments and units concerned, mobilize social forces, depend on scientific and technological progress, harness rivers and lakes in a planned way and take measures to enforce the construction of flood control works in order to consolidate and enhance flood control capacity.
People's governments at all levels should organize departments and units concerned and mobilize social forces to ensure flood control and flood fighting and reconstruction and relief work after flood or waterlogging calamities.
People's governments at all levels should lend support to flood storage and detention areas and provide compensations and aids according to the state provisions after flood storing and detaining.
Article 8 The water conservancy administrative department under the State Council shall, under the leadership of the State Council, be responsible for routine duties of organization, coordination, supervision and guidance for flood control nationwide. River basins administrative agencies set up by the water conservancy administrative department under the State Council for major rivers and lakes as designated by the state shall pe
rform duties of coordination, supervision and administration of flood control within their jurisdiction as provided for by laws and administrative regulations and authorized by the water conservancy administrative department under the State Council.
The construction administrative department and other relevant departments under the State Council shall, under the leadership of the State Council, be responsible for relevant work of flood control within their scope of powers and duties.
Water conservancy administrative departments under local people's governments at or above the county level shall, under the leadership of the people's governments at the same level, be responsible for routine duties of organization, coordination, supervision and guidance for flood control within their respective administrative areas. Construction administrative departments and other relevant administrative departments under local people's governments at or above the county level shall, under the leadership of the people's governments at the same level, be responsible for relevant work of flood control within their scope of powers and duties.
Chapter II Flood Control Planning
Article 9 Flood control planning refers to the overall arrangement for the prevention and control of flood and waterlogging calamities in a certain river basin, river course or region, including river basin flood control planning for major rivers and lakes designated by the state, flood control planning of other rivers, river courses and lakes as well as regional flood control planning.
Flood control planning should be subject to the comprehensive planning of a certain river basin or region. Regional flood control planning should be subject to the flood control planning for a certain river basin.
Flood control planning constitutes the basis for the control of rivers and lakes and the construction of flood control works.
Article 10 Flood control planning for major rivers and lakes designated by the state shall, in accordance with comprehensive river basin planning for these rivers and lakes, be formulated by the water conservancy administrative department under the State Council in conjunction with other relevant departments and the people's government(s) of the province(s), autonomous region(s) and municipality(s) concerned directly under the Central Government, and submitted to the State Council for approval.
Flood control planning for other rivers, river courses and lakes or regional flood control planning shall, separately in accordance with comprehensive river basin planning and comprehensive regional planning, be formulated by water conservancy administrative departments under local people's governments at or above the county level in conjunction with other relevant departments or regions, submitted to the people's governments at the same level for approval and then submitted to the water conservancy administrative departments under the people's governments at the next higher level for the record. Flood control planning for rivers, river courses or lakes involving two or more provinces, autonomous regions and municipalities directly under the Central Government shall be drafted by the administrative agency for the relevant river basin in conjunction with the water conservancy administrative departments and other relevant departments under the people's government(s) of the province(s), autonomous region(s) and municipality(s)directly under the Central Government wherein the river, river course or lake drains water and, after the people's government(s) of the province(s), autonomous region(s) and municipality(s)involved directly under the Central Government examines it and comes up with comments, be submitted to the water conservancy administrative department under the State Council for approval.
Urban flood control planning shall, in accordance with the river basin flood control plann
ing and the regional flood control planning of the people's government at the next higher level, be formulated by the water conservancy administrative department, the construction administrative department and other relevant administrative departments under the people's government of a city which shall organize those administrative departments in the formulation of the planning, and be included into the overall urban planning subject to approval through the examination and approval procedures stipulated by the State Council. Amendment to flood control planning should be subject to the approval from the original approval organ.
Article 11 The formulation of flood control planning should, following the principle of ensuring key projects and considering others at the same time, and integrating flood control with drought fighting, engineering measures with non-engineering measures, take full account of the flood-drought law, the relation of the upper and lower reaches and of both banks of a river, and the requirements for flood control in the national economy, and be coordinated with the national land planning and the overall land use planning as well.
Flood control planning should include the protected objects, aims and tasks of flood control, flood control measures and action plans, delimit the flooded area, the flood storage and detention area and the flood control protected area, and determine the principle for use of the flood storage and detention area.
Article 12 Local people's governments at or above the county level in coastal areas which are threatened by storm tides should include the prevention of storm tides into the flood control planning within their respective areas, strengthen the construction of systems of anti-storm tides works including sea walls (sea dykes), tidewater ga
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