Flood Control Regulation of the People’s Republic of China

Flood Control Regulation of the People’s Republic of China Promulgation date: 07-15-2005 Effective date: 07-15-2005 Department: STATE COUNCIL OF CHINA Subject: OTHER PROVISIONS Flood Control Regulation of the People’s Republic of China (Promulgated by Order No.86 of the State Council of the People’s Republic of China on July 2nd, 1991, revised according to the Decision of the State Council on Amending the Flood Control Regulation of the People’s Republic of China made on July 15, 2005) Chapter I General Provisions Article 1 The present Regulation is formulated in accordance with the Water Law of the People’s Republic of China for the purpose of doing well the work of flood control and flood fighting, and ensuring the safety of the people’s life and property and the smooth carrying out of economic construction. Article 2 The present Regulation shall be applicable to the carrying out of flood control and flood fighting activities within the territory of the People’s Republic of China. Article 3 The guideline of “Safety first, being always on alert, prevention first, and rescuing emergency with all one’s strength” shall be applied to flood control work, and the principle of solidarity in collaboration, and subjecting partial interests to the overall interests shall be followed. Article 4 Flood control shall be carried out under the system whereby the administrative chief of the people’s government at any level assumes full responsibility and gives unified command with the departments at various levels assuming their respective responsibilities. All the relevant departments shall adopt the post responsibility system for flood control. Article 5 Any entity or individual shall have the obligation to take part in flood control and flood fighting. The Chinese People’s Liberation Army and the Armed Police Force shall be an important power for flood control and flood fighting. Chapter II Flood Control Organizations Article 6 The State Council shall set up the National Flood Control Headquarters, which shall be responsible for organizing and guiding the work for flood control and flood fighting throughout the country, and the office of the National Flood Control Headquarters shall be set up at the administrative department of water under the State Council. For Changjiang River and Yellow River, a flood control commanding institution consisting of the persons-in-charge of the people’s governments of the relevant provinces, autonomous regions, and municipalities directly under the Central Government and the river basin management institution (hereinafter referred to as the river basin institution) of the rivers may be set up, and shall be responsible for guiding the work of flood control and flood fighting within their respective jurisdictions, with the office thereof established at the river basin institution. The major flood control and flood fighting matters in Changjiang River and Yellow River shall be implemented upon the approval of the National Flood Control Headquarters. The Huaihe, Haihe, Pearl River, Songhua River, Liaohe River, Taihu and other river basin institutions subordinated to the administrative department of water under the State Council shall set up a flood control office to be responsible for coordinating the routine work of flood control of their own river basins. Article 7 The local people’s governments at or above the county level that has flood control task shall establish a flood control headquarters, consisting of the persons-in-charge of the relevant departments, local garrisons, and the departments of people’s armed forces, and the administrative chief of the people’s governments at all levels shall act as the commander. The flood control headquarters of the people’s governments at all levels shall, under the leadership of the flood control headquarters of the upper level people’s government and the people’s governments of the corresponding level, execute the flood control instructions of the upper level government, formulate various flood control and flood fighting measures, and command uniformly the flood control and flood fighting work of their own regions. The office of the flood control headquarters of the people’s governments at all levels shall be established at the competent administrative department of water at the corresponding level; the office of flood control headquarters within the urban district of a city may also be set up at the competent department of city construction, and shall be responsible for administering the routine flood control work within its jurisdiction. Article 8 The departments and entities of oil, electric power, posts and telecommunications, railway, highway, shipping, factory, mining and commerce as well as materials, etc. that have flood control tasks shall establish a flood control institution in flood season, and shall, under the unified leadership of the competent flood control headquarters of the people’s governments, be responsible for doing well the flood control work of the industrial sector and entity concerned. Article 9 The riverway management institution, the water conservancy & hydropower project management entities and the riparian construction entities for the project under construction shall strengthen management and maintenance of the water engineering facilities under their jurisdictions, ensure their safe and normal operation, and organize and take part in the flood control and flood fighting work. Article 10 The local people’s governments that have flood control tasks shall organize mass flood control troops with the people’s militia as the backbone, and shall instruct the relevant departments to register the members of the flood control troops, so as to clarify their respective tasks and responsibilities. The riverway management institution and other flood control project management entity may, in combination with the routine management tasks, organize the flood control and emergency rescue troops of their own entity to act as the backbone of emergency rescues. Chapter III Getting Prepared for Flood Control Article 11 The people’s governments at or above the county level that have flood control tasks shall, according to the comprehensive plan for the river basins, the actual status of the flood control projects and the flood control standards as prescribed by the state, formulate their own flood control schemes (including the measures for disposal of devastating flood). The flood control schemes of the Changjiang River, Yellow River, Huaihe River, and Haihe River shall be formulated by the National Flood Control Headquarters and shall be implemented after being approved by the State Council; the flood control scheme of other rivers that cross two or more provinces, autonomous regions, and municipalities directly under the Central Government shall, after being formulated by the people’s governments at the relevant provinces, autonomous regions, and municipalities directly under the Central Government, and upon the examination and approval of the competent river basin institution, be implemented, after obtaining the approval of the State Council or its authorized institutions, by the people’s governments of the provinces, autonomous regions, and municipalities directly under the Central Government. The people’s government of any city that has flood control and flood fighting tasks shall, according to the comprehensive plan of the river basin and the flood control and flood fighting scheme of rivers, formulate the flood control scheme of its own city and implement it after being approved by the upper level people’s government or its authorized institution. After a flood control scheme is approved, the relevant local people’s governments shall carry it out. Article 12 A place that has flood control tasks shall formulate its floodwater dispatching scheme according to the approved flood control scheme. The floodwater dispatching schemes in Changjiang River, Yellow River, Huaihe River, Haihe River (Yongding River, Daqing River, Zhangwei South Canal, and Beisan River in the Haihe River Basin), Songhua River, Liaohe River, Pearl River and Taihu river basins shall be formulated by the relevant river basin institutions together with the people’s governments at the relevant provinces, autonomous regions, and municipalities directly under the Central Government and reported to the National Flood Control Headquarters for approval. The floodwater dispatching scheme of other rivers that cross two or more provinces, autonomous regions, and municipalities directly under the Central Government shall be formulated by the relevant river basin institutions together with the people’s governments of the relevant provinces, autonomous regions, and municipalities directly under the Central Government, and reported to the flood control commanding institutions of the river basins. If there is no flood control commanding institutions in a river basin, it shall be reported to the National Flood Control Headquarters for approval. The floodwater dispatching schemes of other rivers shall be formulated by the competent administrative department of water that has jurisdiction together with the relevant local people’s governments and reported to the flood control commanding institution that has jurisdictions for approval. After a floodwater dispatching scheme is approved, the relevant local people’s government shall carry it out. The amendment on the floodwater dispatching scheme shall be reported to the former approval organ for approval. Article 13 Any enterprise that has flood control and flood fighting tasks shall, according to the approved flood control scheme and floodwater dispatching scheme at the river basin or region where it is located, prescribe the flood control and flood fighting measures of its own enterprise, and implement it under the supervision of the flood control commanding institution that has jurisdiction after getting the approval of the competent administrative department of water of the people’s government at the level of the county at its locality. Article 14 The administrative departments of such projects as reservoir, hydropower station and barrage, etc. shall, according to the project plan and design, the approved flood control scheme and floodwater dispatching scheme as well as the actual conditions of a project, and under the precondition of subjecting flood control to the construction of water conservancy and ensuring security, formulate a dispatching and application plan in the flood season, and shall, after having the plan examined and approved by the competent upper level department, report it to the competent flood control headquarters of the people’s government for archival filing and shall accept its supervision. For any hydropower station that concerns greatly to flood control and flood fighting as determined by the National Flood Control Headquarters, its dispatching and application plan for flood control storage capacity in the flood season shall, after being examined and approved by the competent upper level department, be subject to the approval of the flood control headquarters of the people’s government that has jurisdiction. After a dispatching and application plan for the flood season is approved, the administrative department of such projects as reservoir, hydropower station, and barrage, etc. shall be responsible for its implementation. For any river that has ice run control tasks, the amount of water discharge of the reservoir in its upper reaches during the ice run period shall be subject to the approval of the competent flood control headquarters of the people’s government and shall accept its supervision. Article 15 The flood control headquarters at all levels shall organize an inspection on the various flood control facilities before a flood, and shall instruct the entity liable to handle it within a prescribed time limit after discovering anything that may affect the safety of flood control, and shall not bungle the work for flood control and flood fighting. All the relevant departments and entities shall, according to the unified deployment of the flood control headquarters, report the things that may affect the safety of flood control and the handling measures thereof to the flood control headquarters and the competent upper level departments after making an inspection on the flood control projects and facilities under their jurisdiction before a flood comes, and shall make treatments according to the requirements of the flood control headquarters. Article 16 The Riverway Administration Regulation of the People’s Republic of China shall be followed for the riverway barrier clearance and the rebuilding or dismantling of such projects and facilities as bridges, channels, wharfs, etc. in which water is seriously jammed or blocked up and other trans-river projects and facilities. Article 17 The people’s government at the level of the province where the place of flood storage and detention area is located shall, according to the relevant provisions of the State Council, organize the relevant departments and cities and counties to formulate the plan for the safety and construction of flood storage and detention area under its jurisdiction, and carry it into effect. The local people’s governments at all levels shall make an inspection before a flood comes on such safety facilities as the communications, broadcast and early warning, flood-refuge and the retreating road of the flood storage and detention area under their jurisdictions, and getting prepared for emergency withdrawal and lifesaving, and handle them in time in case anything that may affect the security is discovered. Article 18 The relevant departments at the locality where mountain torrents and mud-rock flow are likely to occur shall appoint prevention watcher to keep watch all the time. Before the coming of the rain season, the flood control headquarters of the local people’s government shall organize the relevant entities to make safety inspections, and shall remove the masses from the dangerous zones in a timely manner if discovering any area that has obvious sign of danger. The relevant departments in the region where a storm tide is likely to occur shall strengthen safety inspections on the reservoirs, sea walls, brakes and dams, high voltage electrical wires and other facilities and houses, and shall handle it in time in case anything that may affect the security is discovered. Article 19 Any water affairs dispute occurred in respect of flood control and flood fighting between different regions shall be handled by their common upper level people’s government at the place where the dispute is occurred or its authorized department in charge. The preceding people’s government or department shall, when handling any water affairs dispute in respect of flood control and flood fighting, have the right to take temporary emergency disposing measures, and the relevant parties concerned shall obey and implement them. Article 20 The local people’s governments that have flood control tasks shall establish and perfect dikes of rivers, reservoirs, and flood storage and detention area and other flood control facilities, as well as the system of communications and broadcast and early warning for flood control of this area. Article 21 The flood control headquarters at all levels shall store a certain amount of materials for flood control and emergency rescue, and may pay proper storage fees for them if such materials are stored by the departments of commerce, supply and marketing, and materials under entrustment. The entities and the masses imperiled by floodwater shall store a certain amount of materials for flood control and emergency rescue. The main materials as needed for flood control and emergency rescue shall be prepared by the competent department of planning in the annual plan. Article 22 The flood control headquarters of the people’s governments at all levels shall introduce flood control schemes to the relevant entities and the local garrison before a flood, and organize to exchange experiences for flood control and emergency rescue. The relevant parties concerned shall circulate a report on the water conditions in the flood season. Chapter IV Flood Control and Emergency Rescue Article 23 The flood control headquarters of the people’s governments at the provincial level may, according to the regularity of local flood, prescribe the date of commencing and ending of the flood season. In case the water conditions in any river, lake or reservoir is close to the limited water level or safety flow capacity, or there occurs serious dangerous conditions in any flood control project or facility, and the circumstance is urgent, the local people’s government at or above the county level may declare the entry of an urgent flood control period and report it to the flood control headquarters of the upper level people’s government. Article 24 Within the flood control period, the persons in charge of flood control headquarters at all levels shall preside over the work. The relevant persons in charge shall stick to his/her post, and keep informed of the flood conditions in time, and make dispatchments according to the flood control scheme and dispatching and application plan for the flood season. Article 25 In the flood season, the hydrographic stations and stations of precipitation rain fall in such departments as water conservancy, electric power, weather, ocean, and agriculture and forests and etc. shall provide real–time and accurate hydrographic information to the flood control headquarters at all levels in time; the weather departments shall timely provide the relevant weather forecast and real-time weather information to the flood control headquarters at all levels; the hydrographic department shall provide in time the relevant hydrographic forecast to the flood control headquarters at all levels, and the ocean department shall provide in time the forecast on storm tide to the flood control headquarters in the coastal areas. Article 26 During the flood season, the entities managing such water projects as riverways, reservoirs, brakes and dams and water carriage facilities and the competent departments in charge shall, when implementing the dispatching and application plan for the flood season, submit to the unified dispatching and commanding or supervision of the flood control headquarters of the people’s governments that have jurisdiction. During the flood season, the reservoir focusing on electricity generation shall submit to the unified dispatching and commanding of the flood control headquarters of the people’s government that has jurisdiction in respect of storage capacity for flood control above the limited water level in the flood season and of floodwater dispatching and application. Article 27 During the flood season, entities managing such water projects as riverways, reservoirs, hydropower stations, brakes and dams and etc. shall go on a tour of inspection on water projects as required, and take rescue and protection measures immediately in case any dangerous condition is discovered, and make a report in time to the flood control headquarters and the competent upper level department. Any other entity or individual shall, when discovering any dangerous condition in any water project or facility, report it to the flood control headquarters and water project management entities immediately. Article 28 During the flood season, the departments of highway, railway, shipping and civil aviation and etc. shall transport in time the personnel for flood control and emergency rescue and the materials thereof; and the department of electric power shall ensure the use of electricity for flood control. Article 29 During the flood season, the electric power dispatching communications facilities shall be submitted to the need of flood control work; the department of post and telecommunications shall ensure the timely and accurate transmission of the flood conditions and flood control instructions, and the departments of television, radio, highway, railway, shipping, civil aviation, public security, forestry, and oil, and etc. shall put the priority on serving for flood control and flood fighting by using the telecommunications tools of their own departments. The entities of television, radio and press shall, according to the flood information provided by the flood control headquarters of the people’s government, release flood control information to the public in time. Article 30 During emergency flood control period, the person in charge of the flood control headquarters of the local people’s government shall preside over the work, organize and mobilize all the relevant entities and individuals of their own districts to devote into flood control and emergency rescue. All the entities and individuals shall toe the line and undertake the flood control and emergency rescue tasks allocated by the flood control headquarters of the people’s government. Article 31 During emergency flood control period, the public security organs shall, according to the requirements of the flood control headquarters of the people’s government, strengthen public security administration and security safeguard. And the relevant departments shall conduct traffic control on land and water surface according to law, if necessary. Article 32 During emergency flood control period, for the purpose of flood control and emergency rescue, the flood control headquarters shall have the right to deploy materials, equipments, conveyances and manpower within the scope of jurisdiction, and shall return them in time afterwards or give proper compensation. In case there is necessity to collect earth or occupy any land, fell forest trees, and clear obstacles that obstruct the water paasage, no entity or individual may stand in the way. Anyone taking earth or occupying land, or felling forest trees as mentioned in the preceding paragraph shall make up the formalities to the relevant departments according to law afterwards. Article 33 In case the water level or flow capacity of any riverway has reached the prescribed standards for flood mitigation or flood detention, the flood control headquarters of the people’s governments that have jurisdiction shall have the right to take measures for flood mitigation or flood detention according to the approved flood mitigation or flood detention scheme. If it will do harm to the districts adjacent to it for taking the said measures, it shall be subject to the approval of the upper level flood control commanding institution that has jurisdiction and notify the relevant districts beforehand. Under special circumstances, in order to protect the safety of the major districts determined by the state and the overall situation and partial sacrifices must be made, the local people’s government may, after reporting to the flood control headquarters of the upper level people’s government that has jurisdiction, take special emergency measures. No entity or individual may discourage anyone from implementing the said measures, in case of encountering any obstruction or delay, the people’s governments that have jurisdiction shall have the right to organize to implement it in a mandatory way. Article 34 In case a flood imperils the security of the masses, the local people’s government shall organize the masses to withdraw in time to a safe place and properly arrange their living. Article 35 Any floodwater that is discharged according to the natural flow trend of water or the design standard of flood control or waterlogging discharge projects, or according to the approved operation scheme, a downstream area shall not set up any obstacle to obstruct the water flow or reduce the water flow capacity of the riverway, and the upstream area shall not increase the flow capacity of discharge without permission. Without the approval of the people’s governments that have jurisdiction or their authorized departments, no entity or individual may alter the natural point for controlling the trend of any river. Chapter V Follow-up Work Article 36 In areas where a flood occurs, the departments of materials, commerce, supply and marketing, agriculture, highway, railway, shipping, and civil aviation, etc. shall do a good job in the supply and transportation of the materials for emergency rescue and disaster relief; the departments of civil affairs, health and education shall do a good job in supplying living things to the masses, medical treatment and epidemic prevention, resuming classes of schools and resuming production and other disaster relief work in the disaster area; the departments of water conservancy, electric power, post and telecommunications and highway and other departments shall do a good job in the repair of the projects destroyed by the flood. Article 37 The flood control headquarters of the local people’s governments at all levels shall, according to the requirements of the statistical forms for flood and waterlogging approved by the state statistical department, verify and summarize the situation of flood and waterlogging, and report it to the competent upper level departments and the statistical departments at the corresponding level. The relevant departments and individuals shall not make false reports, disguise, forge or juggle any report. Article 38 After the occurrence of a flood, the flood control headquarters of the people’s governments at all levels shall positively organize and help the masses in the disaster area to resume and develop production. The expenses needed for restoring the projects destroyed by the flood shall be listed in priority into the annual construction plan of the relevant department in charge. Chapter VI Expenses for Flood Control Article 39 The flood control expenses arranged by the finance department shall be listed into the budgets of the Central Finance and local finance respectively according to the principle of classified management. During the flood season, the entities and individuals in the areas that have flood control tasks shall bear certain flood control and emergency rescue labor and expenses, the concrete measures shall be formulated by the people’s governments of the provinces, autonomous regions, and municipalities directly under the Central Government. Article 40 The relevant provisions shall be followed for the administration on the expenses for the prevention of devastating floods. Article 41 The flood insurance system shall be carried out step by step in the flood storage and detention areas, the concrete measures shall be formulated in addition. Chapter VII Rewards and Punishments Article 42 Any entity or individual that has any of the following stories may be honored or rewarded by the people’s governments at or above the county level: 1. those having organized strictly, commanded properly, defended efficiently, and tried its/his best to deal with the emergency in performing the flood control and emergency rescue tasks, and fulfilled the tasks outstandingly; 2. those continuing to go on a tour of inspection on the dikes and dangerous conditions, and reporting in time in case of encountering any dangerous situation, and trying its/his best to fight flood and deal with an emergency, with great achievements; 3. those having meritorious deeds in organizing the masses to protect the property of the state and the people and rescuing the masses in face of danger; 4. those making outstanding benefits to making suggestions for flood control dispatching, flood control and emergency rescue; 5. those mitigating the disaster of any devastating flood due to accurate and timely prediction and forecast of weather, rain and flood situation, and rapid transmission of information, and rushing to measuring flood by overcoming difficulties; 6. those supplying flood control materials and tools in time, taking good care of flood control equipment, and saving expenses, and completing the flood control and emergency rescue tasks with great achievements; and 7. having other special contributions with outstanding achievements. Article 43 Anyone who has any of the following acts shall, according to the circumstances and the harmful consequences, be subject to administrative punishment by its entity or the competent upper level departments, or shall be punished in accordance with the Regulations of the People’s Republic of China on Administrative Penalties for Public Security if an administrative penalty of public security shall be imposed upon him; if any crime is committed, he shall be subject to criminal liabilities according to law: 1. Refusing to implement the approved flood control scheme, floodwater dispatching scheme, or refusing to implement the flood control dispatching scheme of the flood control commanding institution that has jurisdiction or the instructions for flood control and emergency rescue; 2. Being derelict of duty, or run away in face of the battle against the crises of flood control and emergency rescue; 3. Illegally digging up the debouchure or breaking a dike or opening the brakes; 4. Embezzling, stealing or defalcating the money or materials for flood control or disaster relief; 5. Obstructing the staff members of flood control commanding institution to perform their duty according to law; 6. Stealing, damaging or destroying dikes, revetments or brakes or dams or other water engineering construction and flood control projects and facilities or hydrological monitoring and measurement facilities, weather prediction and broadcasting facilities, riverside geological monitoring facilities, or any communications and lighting establishments; or 7. Other acts endangering the flood control and emergency rescue work. Article 44 Anyone that violates the safety administration on riverway and dams of reservoir shall be subject to punishment in accordance with the relevant provisions of the Riverway Administration Regulation of the People’s Republic of China and the Regulation on Safety Administration of the Dams of Reservoir. Article 45 In case anyone falsely reports, disguises the report on the situation of a flood or waterlogging, or forges or juggles the statistical materials of a flood or waterlogging, he shall be subject to the punishment by the relevant provisions of the Statistical Law of the People’s Republic of China and of its detailed implementation rules. Article 46 In case any party is dissatisfied with the administrative punishment, it/he may, within 15 days after receiving the notice of punishment, apply for reconsideration to the upper level organ of the organ that makes the punishment decision; if it/he is dissatisfied with the reconsideration decision, it/he may file a complaint to the people’s court within 15 days from the day of receiving the reconsideration decision. The dissatisfied party may also bring an accusation to the people’s court directly within 15 days from the day of receiving the notice on punishment. In case the dissatisfied party fails to apply for reconsideration beyond the time limit or fails to bring a lawsuit to the people’s court, nor does it/he perform the punishment decision, the organ that makes the punishment decision shall apply to the people’s court for mandatory enforcement. During the flood season, the decision may also be coercively enforced by the organ that makes the punishment decision. If any party is dissatisfied with the penalty on public security, it/he shall be punished according to the provisions of the Regulations of the People’s Republic of China on Penalties for Public Security. The implementation of the decision on administrative punishment shall not be stopped during the period when any party applies for reconsideration or litigation. Chapter VIII Supplementary Provisions Article 47 The people’s governments at the provinces, autonomous regions and municipalities directly under the Central Government may, according to the provisions of the present Regulation, and in combination with the reality of their own districts, formulate detailed implementation rules. Article 48 The power to interpret the present Regulation shall remain with the competent administrative department of water of the State Council. Article 49 The present Regulation shall be implemented as of the date of its promulgation.