There is no legal provision, which is not a state obligation, but sometimes compensation is made for disasters in consideration of people's livelihood. For natural disasters, the state has issued rescue regulations.
decree of the state council of the people's republic of china
No.577
The Regulations on Natural Disaster Relief, adopted at the117th executive meeting in the State Council on June 30, 1965, is hereby promulgated and shall come into force as of September 30, 1965.
Prime minister? Wen Jiabao
20 10 July 8th
Regulations on natural disaster relief
Chapter I General Principles
Article 1 These Regulations are formulated for the purpose of regulating natural disaster relief work and ensuring the basic livelihood of the affected people.
Second natural disaster relief work follows the principles of people-oriented, government-led, hierarchical management, social mutual assistance and self-help for victims.
Third natural disaster relief work to implement the administrative leadership responsibility system of the people's governments at all levels.
The National Disaster Reduction Committee is responsible for organizing and leading the national natural disaster relief work and coordinating major natural disaster relief activities. The civil affairs department of the State Council is responsible for the national natural disaster relief work and undertakes the specific work of the National Disaster Reduction Committee. Relevant departments of the State Council do a good job in national natural disaster relief according to their respective responsibilities.
The local people's governments at or above the county level or the comprehensive emergency coordination agencies of the people's governments shall organize and coordinate the natural disaster relief work in their respective administrative areas. The civil affairs departments of local people's governments at or above the county level shall be responsible for natural disaster relief within their respective administrative areas. The relevant departments of the local people's governments at or above the county level shall, in accordance with their respective duties, do a good job in natural disaster relief within their respective administrative areas.
Article 4 The people's governments at or above the county level shall incorporate the natural disaster relief work into the national economic and social development plan, establish and improve the fund and material guarantee mechanism to meet the needs of natural disaster relief, and incorporate the natural disaster relief funds and natural disaster relief funds arranged by the people's government into the financial budget.
Article 5 Villagers' committees, residents' committees and social organizations such as the Red Cross, charities and public offering foundations shall assist the people's governments in carrying out natural disaster relief work according to law.
The state encourages and guides units and individuals to participate in activities such as natural disaster relief, donation and voluntary service.
Sixth people's governments at all levels should strengthen publicity and education on disaster prevention and mitigation, and improve citizens' awareness of disaster prevention and avoidance and their ability of self-help and mutual assistance.
Villagers' committees, residents' committees, enterprises and institutions shall, in accordance with the requirements of the local people's government and in light of the actual situation, carry out publicity and popularization activities on emergency knowledge of disaster prevention and mitigation.
Seventh units and individuals that have made outstanding contributions in natural disaster relief shall be commended and rewarded in accordance with the relevant provisions of the state.
Chapter II Rescue Preparation
Article 8 Local people's governments at or above the county level and their relevant departments shall formulate corresponding emergency plans for natural disaster relief according to relevant laws, regulations and rules, emergency plans of people's governments at higher levels and their relevant departments, and natural disaster risk investigation in their respective administrative areas.
The emergency plan for natural disaster relief shall include the following contents:
(a) natural disaster relief emergency organization and command system and its responsibilities;
(2) Emergency teams for natural disaster relief;
(3) Emergency funds, materials and equipment for natural disaster relief;
(4) Early warning and forecasting of natural disasters and reporting and processing of disaster information;
(five) the emergency response level of natural disaster relief and corresponding measures;
(6) Post-disaster emergency rescue and residents' housing restoration and reconstruction measures.
Ninth people's governments at or above the county level shall establish and improve the technical support system for emergency command of natural disaster relief, and provide necessary transportation, communication and other equipment for natural disaster relief work.
Article 10 The State establishes a natural disaster relief material reserve system, and the civil affairs department of the State Council shall, jointly with the finance department and the development and reform department of the State Council, formulate the national natural disaster relief material reserve plan and the reserve bank plan, and organize their implementation.
The people's governments at or above the municipal level and the people's governments at or above the county level in areas prone to natural disasters shall, according to the characteristics of natural disasters, the number and distribution of residents, and in accordance with the principle of reasonable layout and moderate scale, set up a natural disaster relief material reserve.
Eleventh local people's governments at or above the county level shall use public facilities such as parks, squares and stadiums according to the number and distribution of local residents. , overall planning and setting up emergency shelters, and set up obvious signs.
If it is necessary to inform residents to go to emergency shelters to start early warning response or emergency response to natural disasters, the local people's governments at or above the county level or the comprehensive coordination agencies for natural disaster relief and emergency response of the people's governments shall timely announce the specific address and arrival path of emergency shelters through radio, television, short messages, electronic display screens and the Internet.
Twelfth local people's governments at or above the county level shall strengthen the team building and professional training of natural disaster relief personnel, and villagers' committees, residents' committees, enterprises and institutions shall set up full-time or part-time natural disaster information officers.
Chapter III Emergency Relief
Thirteenth people's governments at or above the county level or the people's governments' natural disaster relief and emergency comprehensive coordination institutions shall start early warning response according to the early warning and forecast of natural disasters and take one or more of the following measures:
(1) To issue warnings to the society to avoid the risks of natural disasters, publicize the common sense and skills of avoiding risks, and remind the public to prepare for self-help and mutual assistance;
(2) Open emergency shelters, evacuate and transfer people and property vulnerable to natural disasters, and carry out organized evacuation in case of emergency;
(three) to strengthen the security of rural areas, communities and public places vulnerable to natural disasters;
(four) instructed the civil affairs department to do a good job in the preparation of basic living assistance.
Article 14 If a natural disaster occurs and meets the requirements for starting the emergency plan for natural disaster relief, the people's government at or above the county level or the comprehensive coordination agency for natural disaster relief of the people's government shall promptly start the emergency response for natural disaster relief and take one or more of the following measures:
(a) immediately release the government response measures and public preventive measures to the society;
(two) emergency transfer and resettlement of the affected people;
(3) urgently allocating and dispatching emergency funds and materials for natural disaster relief, and providing emergency relief such as food, drinking water, clothing, heating, temporary shelter, medical treatment and epidemic prevention to the affected people in time to ensure their basic livelihood;
(four) to appease the victims and deal with the aftermath of the victims;
(five) organize the affected people to carry out self-help and mutual rescue;
(six) analysis and evaluation of disaster trends and the needs of disaster areas, and take corresponding natural disaster relief measures;
(seven) to organize natural disaster relief and donation activities.
For emergency relief materials, the competent department of transportation shall organize priority transportation.
Article 15 In case of emergency of natural disaster relief, the local people's governments at or above the county level or the comprehensive coordination agencies of natural disaster relief of the people's governments may urgently requisition the materials, equipment, means of transport and venues within their respective administrative areas, and shall return them in time after the emergency of natural disaster relief is over, and make compensation according to the relevant provisions of the state.
Sixteenth natural disasters caused casualties or large property losses, the civil affairs department of the people's government at the county level in the affected areas shall immediately report to the people's government at the same level and the civil affairs department of the people's government at the next higher level.
Natural disasters cause particularly serious or heavy casualties and property losses, and the civil affairs departments of the people's governments at the county level in the affected areas shall report in a timely manner in accordance with the procedures stipulated in relevant laws, administrative regulations and emergency plans in the State Council, and may report directly to the State Council when necessary.
Seventeenth before the disaster is stable, the civil affairs departments of the people's governments in the affected areas shall report the casualties, property losses and natural disaster relief work dynamics caused by natural disasters step by step every day, and release them to the society in a timely manner.
After the disaster situation is stable, the people's governments at or above the county level in the affected areas or the comprehensive coordination agencies for natural disaster relief and emergency response of the people's governments shall evaluate, verify and publish the losses of natural disasters.
Chapter IV Post-disaster Relief
Eighteenth people's governments in disaster areas shall, on the premise of ensuring safety, take the combination of local resettlement and off-site resettlement, and the combination of government resettlement and self-resettlement to provide transitional resettlement for the affected people.
Local resettlement should be in a place with convenient transportation and easy to resume production and life, and avoid areas where secondary natural disasters may occur, and try not to occupy or occupy less cultivated land.
The people's governments in the affected areas shall encourage and organize the affected people to help themselves and each other, and restore and rebuild.
Article 19 After the danger of natural disasters is eliminated, the people's governments in the affected areas shall make overall research and formulate plans and preferential policies for the restoration and reconstruction of residents' houses, organize the restoration and reconstruction or repair of residents' houses damaged by disasters, and give key assistance to families with real difficulties in restoration and reconstruction.
The restoration and reconstruction of residents' housing should be adapted to local conditions, economical and practical, and ensure that the quality of housing construction meets the requirements of disaster prevention and mitigation.
The civil affairs department of the people's government in the disaster area shall issue subsidy funds and materials to the residents' housing restoration and reconstruction subsidy objects confirmed by the audit, and the housing and urban-rural construction department shall provide necessary technical support for the reconstruction or repair of residents' housing damaged by the disaster.
Twentieth residents housing reconstruction subsidies by the affected people themselves or villagers' groups, residents' groups nominated. After democratic appraisal by villagers' committees and residents' committees, those who meet the conditions for assistance shall be publicized in natural villages and communities; If there is no objection or the democratic appraisal objection of villagers' committees and residents' committees is not established, the villagers' committees and residents' committees will submit the appraisal opinions and related materials to the township people's government and the subdistrict office for examination and approval, and report them to the civil affairs department of the people's government at the county level for examination and approval.
Twenty-first natural disasters occurred in the winter of that year and the spring of the following year, and the people's governments in the affected areas should provide basic living assistance to the affected people who have difficulties in living.
The civil affairs department of the people's government at the county level in the disaster area shall, before the end of each year 10, make statistics and evaluation on the basic living difficulties and needs of the victims within their respective administrative areas in the winter of that year and the spring of the following year, verify the relief objects, prepare the work ledger, formulate the relief work plan, organize the implementation after the approval of the people's government at the same level, and report it to the civil affairs department of the people's government at the next higher level for the record.
Chapter V Management of Disaster Relief Funds and Materials
Twenty-second financial departments and civil affairs departments of the people's governments at or above the county level shall be responsible for the distribution, management and supervision of the use of natural disaster relief funds.
The civil affairs departments of the people's governments at or above the county level shall be responsible for the allocation, distribution and management of natural disaster relief materials.
Twenty-third people's government procurement of goods, projects and services for natural disaster relief preparation and post-disaster recovery and reconstruction shall be organized and implemented in accordance with the relevant laws and regulations of government procurement and bidding. Emergency procurement activities involving emergency rescue, emergency relocation and temporary assistance in natural disaster emergency rescue and post-disaster recovery and reconstruction shall be implemented in accordance with relevant state regulations.
Twenty-fourth natural disaster relief funds (materials) earmarked for free use.
The money and materials donated in a targeted way shall be used according to the wishes of the donor. Money and materials accepted by the donor and not designated by the government departments shall be used as a whole by the civil affairs departments of the people's governments at or above the county level for natural disaster relief; Social organizations should use money and materials accepted by donors for natural disaster relief in accordance with relevant regulations.
Twenty-fifth natural disaster relief funds and materials should be used for the emergency transfer and resettlement of the affected people, basic living assistance, medical assistance, education and medical care and other public service facilities and housing reconstruction, natural disaster relief materials procurement, storage and transportation, and the comfort of the relatives of the victims.
Twenty-sixth civil affairs, finance and other departments of the people's government in disaster areas and relevant social organizations should take the initiative to open to the public the sources, quantities and use of natural disaster relief funds and donations accepted by the society through newspapers, radio, television and the Internet.
Villagers' committees and residents' committees in the disaster-stricken areas shall announce the objects of assistance and the amount and use of the money and materials received.
Twenty-seventh people's governments at all levels should establish and improve the supervision and inspection system of natural disaster relief funds and donations, and accept complaints and reports in a timely manner.
Twenty-eighth people's governments at or above the county level supervision organs and audit institutions shall supervise and inspect the management and use of natural disaster relief funds and donations according to law, and civil affairs, finance and other relevant social organizations shall cooperate.
Chapter VI Legal Liability
Twenty-ninth administrative staff in violation of the provisions of this Ordinance, one of the following acts, by the appointment and removal organ or the supervisory organ shall be punished in accordance with laws and regulations; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) late reporting, false reporting, concealment of natural disaster losses, resulting in consequences;
(2) Failing to organize the transfer and resettlement of the affected people in time, or failing to do a good job in providing basic living assistance and organizing recovery and reconstruction, resulting in consequences;
(3) withholding, misappropriating or privately dividing natural disaster relief funds or donations;
(4) Failing to return the expropriated property in time or failing to give compensation in accordance with regulations;
(five) there are other acts of abuse of power, dereliction of duty, favoritism.
Article 30 Whoever defrauds natural disaster relief funds or donations by means of false report, concealment or forgery shall be ordered by the civil affairs department of the people's government at or above the county level to return the illegal income and money within a time limit; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 31 Whoever plunders or gathers people to plunder natural disaster relief funds or donations shall be ordered by the civil affairs department of the people's government at or above the county level to stop the illegal act; If it constitutes a violation of public security administration, it shall be punished by the public security organ according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirty-second violence, threats to prevent natural disaster relief workers from performing their duties according to law, which constitutes a violation of public security management, shall be punished by the public security organs according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions
Thirty-third accidents, public health incidents, social security incidents and other emergencies, which need to be rescued by the civil affairs departments of the people's governments at or above the county level, shall be implemented with reference to these regulations.
Article 34 Where laws and administrative regulations have other provisions on disaster prevention and relief, those provisions shall prevail.
Article 35 These Regulations shall come into force on September 0, 2065438.