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Post-wenchuan earthquake recovery and reconstruction regulations

2018-09-03  |   Editor : houguangbing  

Article 1: In order to guarantee the reconstruction work of Post-wenchuan earthquake effectively, orderly and effeciently; restore normal life, production, learning, working conditions of people in the quake-hit areas and to promote economic recovery and development of society in the disaster areas, these regulations are formulated according to the Emergency Response Law of the People's Republic of China and Earthquake Disaster Mitigation Law of the People's Republic of China.

Article 2: Post-earthquake recovery and reconstruction should adhere to the principle of people-oriented, scientific planning, overall consideration, step-by-step implementation, self-reliance, state support and social assistance.

Article 3 post-earthquake recovery and reconstruction should follow the following principles:

(1) Affected areas shoud combine self-reliance and production to self-rescue with national support and partner assistance.

(2) Combining government dominance with social participation.

(3) Combining on-site rehabilitation with new reconstruction in other areas.

(4) Ensure the combination of quality and efficiency.

(5) Combining the present and the long-term.

(6) Combining economic and social development with the protection of ecological and environmental resources.

Article 4: the people's governments at various levels should strengthen the leadership, organization and coordination of post-earthquake recovery and reconstruction work. When necessary, set up a post-earthquake recovery and reconstruction coordination institution to organize and coordinate the post-earthquake restoration and reconstruction work.

Concerned department of the people's governments above the county level should be divided according to responsibilities and closely cooperate and take effective measures to jointly do a good job in post-earthquake recovery and reconstruction work under the leadership of the people's governments at the corresponding level.

Article 5: the people's governments at all levels in the earthquake-affected areas should rely on their own efforts, work hard, and work diligently and economically, raise funds and materials through various channels, and recover and rebuild restoration and reconstruction.

The state provides financial support, tax incentives and financial support to the post-earthquake recovery and reconstruction, and actively provides support in materials, technology and human resources.The state encourages citizens, legal persons and other organizations to actively participate in the post-earthquake recovery and reconstruction work, and support the use of advanced technology, equipment and materials in post-earthquake recovery and reconstruction.

The state accepts the assistance provided by foreign governments and international organizations to recover and rebuild the restoration and reconstruction of the area.

Article 6: the units and individuals who have made outstanding contributions to the post-earthquake recovery and reconstruction work shall be commended and rewarded in accordance with the relevant provisions of the state.

Article 7: the transitional resettlement for victims of the earthquake disaster area shall implement on-spot allocation and relocated, centralized settlement and discentralized settlement, government settlement and seeking refuge relatives, friends and placing on its own way according to the actual situation of the earthquake zone.

The government shall provide appropriate assistance to the people who are seeking refuge with relatives and friends or resettle themselves on their own way, and the specific measures shall be formulated by the people's governments at the provincial level.

Article 8: The transitional resettlement sites should be elected in the area with convenient transportation and that is favorable for the victims to restore production and living. Besides, it also shall avoid the seismic fault and disastrous area with possible flooding, landslides and collapse, debris flow, ground subsidence, lightning disasters and plants where stores inflammable and explosive dangerous goods. Warehouses that are implemented transitional placement should occupy derelict lands and clearing. Try not to use or use less farmland, and to avoid damage of nature reserve, and drinking water sources reserve and ecologically fragile regions.

Article9: the people's governments at various levels in the earthquake-affected areas shall, arrange temporary accommodation for the people in the disaster areas according to local conditions and actual conditions. Temporary residence can use tent, tarpaulin house, and if any, adopt simple housing and portable dwelling. It is indeed difficult to arrange temporary shelters, so school playgrounds and safe sports venues that have safety appraisal can be used as temporary shelters.

The state encourages rural residents in earthquake-affected areas to construct temporary shelters that meet the safety requirements and the government will provide subsidies. The specific measures shall be formulated by the people's governments at the provincial level.

Article 10: the materials used for transitional resettlement shall ensure the quality and safety. The production unit shall ensure the quality of the products of the tent and tarpaulin house. Construction units and production units shall adopt qualified construction materials to ensure the safety quality and aseismatic performance of the simple houses and portable dwelling.

Article 11: the transitional resettlement sites shall build supporting water, electricity, roads and other infrastructure, and provide the school, medical centers, concentrated water supply points, public toilet, garbage collection points, daily supplies points, the special product outlets of ethnic minorities with the necessary cultural publicity facilities and other supporting public service facilities to ensure the basic survival needs of the victims.

The scale of the transitional resettlement site shall be moderate, and the necessary lightning protection facilities and necessary fire emergency exits shall be installed, which is equipped with corresponding fire-fighting facilities to prevent fire and lightning strike.

Article 12: temporary residence shall be equipped with the functions of fire prevention, wind protection and rain protection.

Article 13: the prefabricated houses shall be used for severely afflicted areas and the group of victims who need to be relocated, families whose houses collapsed and in the short term they are difficult to recover, especially the victims' families, pregnant women, infants and young children, orphans, old, disabled persons and public services such as schools and medical facilities.

Article 14: the distribution and use of temporary housing and transitional resettlement funds and materials shall be open and transparent, and published regularly and subject to relevant departments and social supervision. The specific measures shall be formulated by the people's governments at the provincial level.

Article 15 the transitional resettlement land may be used in advance according to the temporary land arrangement and the relevant land use formalities can be dealt with in accordance with the law. If the land is not converted to a permanent land, it shall be returned to the original land user after reclamation.

Article16: The local people's government at the county level in transitional resettlement sites shall organize relevant departments to strengthen the secondary disasters, quality of drinking water, food sanitation, monitor of epidemic and epidemiological investigation and environmental health. The disinfectant and cleaning agent used should meet the requirements of environmental protection and avoid pollution to soil, water resources and environment.

The public security organs in the place where the transitional resettlement sites are located shall strengthen the administration of public security, punish illegal acts in a timely manner and maintain normal social order.

The people affected by the disaster shall establish security and fire control regiments and conduct security and fire inspection and other self-defense and self-help work under the organization of the people's government of the county and township (town) where the transitional resettlement site is located.

Article 17: the people's governments at various levels in the earthquake-affected areas shall organize the disaster victims and enterprises to carry out production self-rescue, actively resume production and do a good job in the psychological assistance of the affected people.

Article18: the people's government and government agricultural administration departments at various levels in the earthquake-affected area shall organize the repair of damaged and the agricultural production facilities and carry out planting and harvest with guide agricultural production technology to guarantee the supply of agricultural inputs and agricultural machinery and equipment.

Article 19: the people's governments at various levels and the relevant government departments in the earthquake disaster areas shall give priority to organize electricity, water and gas supply, and other enterprises to resume production, and provide support for large backbone enterprise to resume production to provide conditions for fully recover industry and service business operation.

Article 20: the relevant departments of the state council shall organize the investigation and evaluation of earthquake disasters, and provide the basis for the compilation of the post-earthquake recovery and reconstruction plan.

Article 21: the investigation and evaluation of the earthquake disaster shall include the following items:

(1) The extent and quantity of damage in towns and villages;

(2) Personnel casualties, extent and amount of damaged houses, public service facilities, infrastructure and damage degree and quantity industrial and agricultural production and commercial circulation facilities as well as agricultural land.

(3) The number of people needed to be resettled, the number of disabled people who need a bailout, lonely old people in need of help, and the number of minors, the number of homes needed to provide, infrastructure and public service facilities needed recovery and reconstruction, production facilities needed restoration and reconstruction, agricultural land needed to be sorted out and reclamation etc.

(4) Situation of damaged environmental pollution, ecological and natural and historical cultural heritages;

(5) The carrying capacity of the resources as well as the situation of geological disasters, secondary disasters and hidden dangers;

(6) The impact situation of hydrogeology, engineering geology, environmental geology, topography and topography, river potential and hydrological situation, and major water conservancy and hydropower projects;

(7) Public health emergencies and their hidden dangers;

(8) Compilation of other matters needed to be investigated and evaluated for the planning of post-earthquake recovery and reconstruction.

Article 22: the people's governments above the county level shall organize relevant departments and experts on the basis of their respective responsibilities to check the engineering quality and anti-seismic performance of the damaged serious water conservancy, road, electricity and other infrastructure, schools and other public service facilities, and other construction projects and to preserve the relevant materials and samples and organize related construction project survey assessment of failure mechanism and seismic activity to improve construction engineering anti-earthquake design specification and construction standards and provide a scientific basis for seismic fortification measures.

Article 23: The earthquake disaster investigation shall be in full investigation appraisal, field investigation and review, comprehensive evaluation method to ensure the authenticity, accuracy, timeliness of the data and assess the reliability of the theory.

The seismological department and seismological monitoring network shall collect and save all information before and after the earthquake, and establish a complete file.

Organizing investigation and assessment of earthquake disasters shall abide by national laws, regulations and related technical standards and requirements.

Article 24: the report on the investigation and assessment of earthquake disasters shall be reported to the state council in time.

Article 25: the reform departments under the state council in conjunction with the relevant departments of the state council and people's government at the provincial level in the disaster-affected area jointly establish the post-earthquake recovery and reconstruction plan and organize the implementation after the approval of the state council.

Post-earthquake recovery and reconstruction planning shall include the overall post-earthquake restoration and reconstruction planning and urban system planning, rural construction planning, urban and rural housing construction planning, infrastructure planning, and public service facilities planning, productivity layout and industrial adjustment planning, market service system planning, disaster prevention and mitigation, and ecological restoration planning, land use planning and other special planning.

Article 26: the people's governments of cities and counties in the earthquake-affected areas shall organize and formulate the implementation plan for the post-earthquake recovery and reconstruction of the administrative region under the guidance of the people's governments at the provincial level.

Article 27: compiling the establishment post-earthquake recovery and reconstruction planning should fully implement the Scientific Outlook on development, adhere to the people-oriented and restore and reconstruct the basic life of affected people and public service facilities preferentially; Respect science, respect nature and fully consider the resources and environment carrying capacity; make overall plans and take all factors into consideration, and promote it to combine with the industrialization and urbanization, the construction of new countryside, the construction of main body function, optimization and upgrading of industrial structure. Adhere to the unified deployment, division of labor, to distinguish the priorities and highlight key. Joint mutually and coordinate each other. Adhere to principle of orderly and advancing with the law.

Prepare the post-earthquake recovery and reconstruction planning shall abide by laws, regulations and relevant state standards.

Article 28: the post-earthquake survey evaluation of geological and prospecting, surveying and mapping, hydrology, environment and other basic data shall be used as the gist of post-earthquake restoration and reconstruction planning.

The seismic work department shall review the ground motion parameter zoning map according to the earthquake geology, the research achievements of seismic geology and seismic activity characteristics and earthquake intensity distribution, offering the basis of seismic fortification for the preparation of post-earthquake recovery and reconstruction planning and construction projects.

Article 29: the post-earthquake recovery and reconstruction planning shall include earthquake disaster situation and regional analysis, principle and target of restoration and reconstruction, recovery and reconstruction work area, the recovery and reconstruction of the spatial distribution, recovery and reconstruction tasks and policy measures, the earthquake ruins of scientific value, sites protection, damage of cultural relics and buildings with historic and ethnic characteristics, reconstruction of structures, the implementation steps and stages and other contents.

Post-earthquake recovery and reconstruction planning shall focus on making arrangement of the layout of the town and country, housing construction, infrastructure construction, public service facilities construction, agricultural production infrastructure construction, industrial building of production facilities construction, disaster prevention and mitigation, and the ecological environment and natural resources and historical and cultural heritage protection, land arrangement and reclamation, etc.

Article 30: the the recovery and reconstruction of the production and life facilities of enterprises attached to the central government in the earthquake-affected area shall be integrated into the planning of the post-earthquake recovery and reconstruction.

Article 31: the post-earthquake recovery and reconstruction plan should recruit relevant departments and experts and the opinions of the affected people in the earthquake-stricken areas.Major matters should be organized by experts in relevant fields to conduct special demonstration.

Article 32: towns and villages that are completely damaged in the earthquake-stricken area, or areas that exist great potential safety hazard or the population size exceeds environmental carrying capacity and need new site selection and contruction should avoid open seismic fault or ecologically fragile areas and flooding, landslides, collapse, debris flow, ground subsidence disaster area and the natural foci of infectious diseases.

The local people's governments at or above the county level in the earthquake-stricken areas shall organize relevant departments and experts to conduct an argument on the new site, listen to the public opinions and report to the people's government at the next higher level for approval.

Article 33: the post-earthquake recovery and reconstruction planning approved by the state council shall be the basic basis for post-earthquake recovery and reconstruction and shall be published in time. Any unit or individual shall abide by the plan according to the law, and submit to planning and management.

If the basis data that the post-earthquake recovery and reconstruction plan is based on need to modify, or need to be modified for change sof other objective conditions, or need to modify for restoration and reconstruction work, the planning organization organ of formulation shall put forward revision opinion and report to the state council for approval.

Article 34: the people's government at the provincial level in earthquake-stricken area shall plann and organize the implementation of post-earthquake recovery and reconstructionbase step by step according to the post-earthquake restoration and reconstruction planning and local economic and social development level.

Article 34: the people's government at the provincial level in earthquake-stricken area shall plann and organize the implementation of post-earthquake recovery and reconstructionbase step by step according to the post-earthquake restoration and reconstruction planning and local economic and social development level.

The state council and other relevant departments shall support, assist and guide the recovery and reconstruction of the earthquake-stricken areas.

Recovery and reconstruction in cities and towns shall fully consider the original city and town overall planning and pay attention to reflect original ethnic style and reasonably determine urban construction scale and standard to meet the requirement for seismic fortification.

Article 35: the development and reform department shall be responsible for the overall planning, policy, recommendations, investment, organization and coordination and arrangement of major construction projects of post-disaster recovery and reconstruction.

The financial department and the relevant departments shall be responsible for putting forward the financial arrangement and policy suggestions, and shall be specifically responsible for the allocation and management of financial funds for post-disaster recovery and reconstruction.

The departments of transportation, water conservancy, railways, power, communications, broadcasting and film and television shall work according to their responsibilities, and the specific organizations shall carry out recovery and reconstruction of related infrastructure in affected areas.

The ministry of construction department specifically organizes the implementation of the recovery and reconstruction of housing and municipal public facilities disaster.

The department of civil affairs specifically implements temporary basic life safeguard, assistance for life difficulties, reconstruction assistance of rural housing, social welfare facilities reconstruction as well as placement, subsidies and disability rehabilitation, psychological aid to the orphans, lonely old and disabled personnel.

Education, science and technology, culture, health, radio, film and television, sports, human resources social security, commercial, industrial and commercial departments shall specifically organize the implementation of post-earthquake recovery and reconstruction of public service facilities, health and epidemic prevention and medical treatment, employment services and social security, supply of important necessaries and maintainance of the market order according to the division of responsibilities. Institutions of higher learning, science and technology research and development institutions shall strengthen the research to the related question, offering scientific and technical support for post-earthquake recovery and reconstruction.

Agriculture, forestry, water conservancy, territorial resources, commercial, industrial and other departments shall specifically organize the implementation of animal epidemic monitoring, agricultural production facilities reconstruction and agricultural production condition restoration, the post-earthquake recovery and reconstruction land arrangement, land arrangement and reclamation, geological disaster prevention, commerce and trade circulation, ndustrial production facilities reconstruction and so on according to the division of responsibilities.

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