Procedures of Shanghai Municipality on the Implementation of the Emergency Response Law of the People's Republic of China

(Adopted at the 38th Session of the Standing Committee of the 13th Shanghai Municipal People’s Congress on December 26, 2012; amended in accordance with the Decision on Amending Some Local Regulations of This Municipality made at the 4th Session of the Standing Committee of the 15th Shanghai Municipal People’s Congress on May 24, 2018)

Chapter I  General Provisions

Article 1

These Procedures are formulated in accordance with the Emergency Response Law of the People’s Republic of China, and in the light of the actual circumstances of this Municipality.

Article 2

These Procedures apply to the activities of emergency preparedness, on-duty and early warning, emergency response and disposal, post-emergency rehabilitation and reconstruction within the administrative area of this Municipality.

Where laws and regulations have provisions on the response activities to such emergencies as meteorology, flood prevention, earthquake prevention and disaster reduction, safe production, firefighting, communications, environmental protection, infectious disease prevention and control, and security management, such provisions shall prevail.

Article 3

Emergency mentioned in these Procedures refers to natural hazards, accidents and disasters, public health events and social security incidents that happened abruptly, and cause or may cause serious social harm, and for which measures for handling emergencies need to be adopted.

Emergencies are classified in four grades: especially serious, serious, relatively serious and common. The specific grading standard shall be conducted according to relevant provisions of the State.

Article 4

The municipal and district people’s governments are the leading administrative organs responsible for emergency response, and perform the following duties:

1. bring the planning for the construction of emergency response system into the national economy and social development planning, and guarantee the funds needed by the emergency response work;

2. lead the emergency response work in a unified way within the administrative area, and promulgate decrees or decisions for emergency response;

3. establish and improve the responsibility system for emergency response, and strengthen the supervision, inspection, evaluation and appraisal; and

4. other statutory duties that shall be performed.

Article 5

The emergency response commission, established by this Municipality or the district, and composed of principal leading persons of the people’s government at the same level, leading persons of relevant departments, and relevant leading persons of the stationed PLA and stationed Chinese People’s Armed Police Force, shall, under the leadership of the people’s government at the same level, take the responsibility of the construction and management of the emergency response system within the administrative area, and make decision and deployment for the emergency response work. The office of the municipal or district emergency response commission, set up at the general office of the people’s government at the same level, shall be responsible for daily work of the commission. Full-time working staff shall be designated to such office to perform the on duty functions for emergency response, information collection, comprehensive coordination, and supervision and guidance.

Relevant departments of the municipal and district people’s governments shall, according to their respective duties, establish or designate working agencies to do well in the emergency response work.

The town/township people’s governments and sub-district offices shall, according to the requirements of the district people’s government, designate the working agencies to do well in the emergency response work within their respective administrative areas.

Article 6

The Municipal People’s Government shall establish the Shanghai Emergency Response Center (hereinafter referred to as the SERC) to accept the report of emergencies within this Municipality, and organize the implementation of emergency response handling.

Article 7

This Municipality brings into full play the role of citizens, legal persons and other organizations in emergency response work, strengthens the citizens’ awareness of public security, risk prevention and social responsibility, and improve the capability of risk avoidance, self-help and mutual rescue.

The legal persons and social organizations shall conduct the emergency response handling under the leadership of the local people’s government, and carry out such activities as publicity and education, emergency drills and rescue and relief, in the light of the actual circumstances.

The neighborhood committees and villagers’ committees shall, according to decisions and requirements of the local people’s government and in the light of the actual circumstances, conduct publicity of emergency response knowledge and emergency drills; upon the occurrence of emergencies, organize and mobilize residents (villagers) to conduct self-help and mutual rescue, assist in the maintenance of social order, and cooperate with the people’s government in emergency response handling.

Volunteer organizations are encouraged to participate in the emergency response work, and volunteers shall be organized, according to their self abilities, to participate in the activities of popular science publicity, emergency drills, order maintenance, psychological counseling or medical assistance.

Article 8

The municipal and district people’s governments and their departments shall establish and improve the emergency information disclosure system, and improve, according to relevant provisions of the State and this Municipality, such mechanisms for emergency response as the early warning information disclosure mechanism, the public opinion collection and feedback mechanism, and the statistics and publicity mechanism for disaster situation and losses, to release emergency information in a unified, accurate and timely manner, and make updates according to the actual situations.

News media shall accurately and objectively report the information of emergencies.

No units or individuals shall fabricate or spread false information about emergencies.

Where the people’s governments at all levels and relevant departments find false or incomplete information of emergencies that affect or may affect social stability or disrupt social order, they shall release correct information within their respective duties, and take disposal measures according to law.

Article 9

The municipal and district people’s governments shall strengthen the communication with stationed PLA and stationed Chinese People’s Armed Police Force in case of emergencies, and establish and improve the mechanisms such as emergency information sharing and co-processing.

Chapter II  Emergency Preparedness

Article 10

The Municipal People’s Government shall organize the formulation of this Municipality’s overall contingency plans and specialized contingency plans for emergencies. Relevant departments of the Municipal People’s government shall, according to their respective duties and relevant contingency plans, formulate the departmental contingency plans for emergencies.

The district people’s governments and their relevant departments, and the town/township people’s governments shall, in the light of the actual circumstances, formulate corresponding contingency plans for emergencies.

The preparation, approval, archiving, publicity, drill, assessment, and amendment of the contingency plans shall be conducted according to relevant provisions of the State and this Municipality.

Article 11

The following units shall formulate specific contingency plans:

1. the operation units of public transport such as rail transport, railway, aviation, water and land passenger transport;

2. the operation or management units of schools, hospitals, markets, hotels, large- and medium-size enterprises, large supermarkets, pre-school institutions, nursing institutions for the aged, tourist attraction sites, cultural and sports venues, and other places;

3. the construction units and the production, operation, storage and transportation, or utilization units of dangerous goods such as flammable and explosive materials, dangerous chemicals, dangerous wastes, radioactive substances, and pathogenic micro-organisms;

4. the operation or management units of public facilities such as water supply and drainage, power generation and supply, oil supply, gas supply, communication, broadcast and television, and flood prevention;

5. the operation or management units of other high-rise buildings with a high concentration of people and underground spaces; and

6. other units provided by the Municipal People’s Government.

Article 12

State organs at all levels, enterprises and institutions, and other organizations shall establish and improve the safety management system, organize the formulation of their own safety management rules and regulations as well as operating instructions; organize and conduct the potential risks check-up, and handle in a timely manner their own problems that may cause social security incidents; report the matter to the local people’s government or relevant departments of the people’s government as provided the emergencies that may occur in their units and the situation of safety protection measures to be taken.

The district people’s governments and their relevant departments, the town/township people’s governments and sub-district offices, the neighborhood committees and villagers’ committees shall, in a timely manner, mediate and handle disputes that may cause social security incidents.

Article 13

The municipal and district people’s governments shall organize relevant departments to investigate, register and conduct risk evaluation of the dangerous sources and dangerous areas within their respective administrative territories that may easily cause natural disasters, accidents and public health event, make regular inspection, supervision and control, and order relevant units to take safety protection measures, where relevant units shall provide cooperation. Those dangerous sources and dangerous areas registered according to the provisions of these Procedures shall be made public in a timely manner according to the provisions of the State.

The district people’s governments shall regularly report the potential risks checkup results of the dangerous sources and dangerous areas within their respective territories to the Municipal People’s Government for the record.

Article 14

The Office of the Municipal Emergency Response Commission shall strengthen guidance on unitization emergency management work in this Municipality, and improve its relevant systems of the unitization emergency management.

The unitization emergency management mentioned in the preceding clause refers to the management mode, by which the Municipal Emergency Response Commission designates a leading unit in a specific area such as chemical industrial area, bonded port area, or large transportation junction, to plan and coordinate the emergency response handling within the territory.

Article 15

The leading unit implementing unitization emergency management in the area, shall, according to the characteristics of the emergency response work of the area, organize the implementation of the following work:

1. draw up the contingency plan, and conduct regular emergency drills;

2. establish and perfect the coordination mechanism for emergency response;

3. integrate and reserve emergency response resources for its own area;

4. conduct potential risk check-up and renovation; and

5. improve the cooperation mechanism with the local district people’s government.

Relevant units implementing unitization emergency management in the area, shall cooperate in making success the response to emergencies within the territory.

Article 16

The municipal and district people’s governments shall establish and improve the emergency response management training system, and bring the emergency response management knowledge into the training contents for relevant leading cadres and civil servants.

Article 17

The municipal and district comprehensive emergency rescue teams shall, according to relevant provisions of the State and this Municipality, undertake the emergency rescue with the main purpose to save people’s life.

Relevant departments of the municipal and district people’s governments, and enterprises and institutions may establish corresponding full-time or part-time professional emergency rescue teams according to the actual situation of flood prevention, typhoon prevention, earthquake relief work, engineering rescue, safety production, environmental protection, subsea pipeline protection, search and rescue on water, public health, emergency medical aid, special rescue of civil defense, and public utilities protection.

The town/township people’s governments and sub-district offices may organize militia and reservists, grass-root police officers, medical personnel and other emergency response forces to establish grass-root emergency rescue teams.

The municipal and district people’s governments and their relevant departments, and relevant units shall strengthen the training of professional skills for emergency rescue teams, allocate necessary protection equipment and devices for emergency rescue teams, and purchase personal accident insurance for professional rescue personnel, so as to improve the emergency rescue and safety protection capability of the rescue personnel.

Article 18

The Municipal People’s Government shall establish and improve the expert consulting system, establish emergency response professional talents database, and employ relevant experts to form an expert team as needed to provide suggestions for emergency response decision-making.

Article 19

The municipal and district people’s governments shall, according to the needs of preventing or handling emergencies, organize the formulation of layout planning of emergency shelters and determine the said shelters in a rational way.

The municipal and district people’s governments shall organize the administrative departments of planning and land, construction and communications, earthquake, civil defense, firefighting, greening, education, and public health to utilize squares, greenbelts, playgrounds, parks, stadiums and gymnasiums, large parking areas to establish emergency shelters according to the layout planning of emergency shelters, improve the matched infrastructures including transportation, water supply, power supply and drainage, reserve necessary materials, provide necessary medical facilities, set up emergency evacuation passages with unified signs and marks, and make public thereof.

The municipal and district civil defense departments are responsible for planning and coordinating the construction and management of emergency shelters.

The management units of emergency shelters shall strengthen the maintenance and management to ensure the normal operation thereof.

Article 20

The district people’s governments and their relevant departments, the town/township people’s governments and sub-district offices, the organs, enterprises and institutions, and other organizations shall organize the general public or their own employees in participation of emergency knowledge publicity and education campaign and emergency drills such as emergency evacuation, emergency refuge, self-help and mutual aid. Citizens shall participate in emergency drills organized by the people’s governments and the units or organizations they work in.

The education department shall guide and urge various schools at all levels to integrate the education of emergency knowledge into the courses of student’s quality-oriented education, so as to cultivate their awareness of safety and improve their capability of self-help and mutual aid.

The units mentioned in Article 11 of these Procedures shall organize at least one emergency drill every year.

News media shall conduct free public-service dissemination on prevention and emergency response, self-help and mutual aid, through multi-forms including public service advertisements and special column.

Article 21

The municipal and district people’s governments shall establish the reserve system for emergency rescue materials, daily necessities, and emergency disposal equipment, and improve the systems of supervision, production, reserve, allocation and transfer, and emergency distribution for important emergency materials. The reserve situation of emergency materials of relevant departments of the Municipal People’s Government and the district people’s governments shall be reported to the Office of Municipal Emergency Response Commission for the record, and be brought into the database for unified management.

Article 22

The insurance companies are encouraged to conduct insurance business related to emergency response in the light of the actual circumstances of this Municipality.

Citizens, legal entities or other organizations may, according to the requirements, participate in commercial insurance, including physical injury, fire, and environmental pollution, so as to raise the capability for emergencies risk prevention.

Chapter III  On-duty and Early Warning

Article 23

The people’s governments at all levels, sub-district offices, and the governmental departments and units undertaking the function of emergency response shall establish the twenty four-hour emergency duty system.

The neighborhood committees, villagers’ committees and property service enterprises shall strengthen the on-duty management.

Article 24

Unless otherwise provided by the State, the administrative organs obtaining the emergency information shall make reports of the information on emergencies level by level, and ensure circulating the information to relevant units; the daily report system shall be taken in special time intervals including statutory holidays, important meetings and important events.

Article 25

Citizens, legal entities or other organizations obtaining the emergency information shall make an immediate report to the SERC through “110” or other emergency telephones, or report to the local people’s government, relevant competent administrative departments or designated special agencies through other channels.

Article 26

The municipal and district people’s governments shall establish or define the unified information system for emergencies within the respective administrative area to collect, store, analyze, transmit and release information on emergencies.

Article 27

The municipal and district people’s governments or the departments authorized by the Municipal People’s Government shall strengthen the construction of emergency early-warning information release system to release early-warning information in a timely manner in accordance with the provided authority and procedures, make timely adjustments and updates thereof in good time by the latest development of the situation. Where the fact proves the impossibility of the occurrence of emergencies, or the risk has been resolved, the termination of early-warning shall be announced.

The early-warning information shall be released according to the actual situation through broadcasting, television, newspapers and magazines, internet, microblog, short message service, electronic displays, promotional vehicles, alarming devices, loudspeakers, or door notification by organized personnel; specific announcement modes shall be taken for special groups, including the aged, the young, the sick or the disabled, at special places including schools, hospitals, nursing homes and communication blind areas.

News media including broadcasting, television, newspapers and magazines, internet news information service units, telecommunication operation enterprises, and management units of electronic signs at public places shall cooperate in doing well the release work of early-warning information.

Article 28

After the announcement of entering the early-warning period, the municipal and district people’s governments and their relevant departments, and the units undertaking the emergency response shall, in a timely manner, make public related suggestions and advices, take response measures to avoid or alleviate the harms and damages that may be caused by the emergencies; leading persons and commanders undertaking the emergency response shall not desert the post without official permit.

Where the emergency may have serious impact on citizen’s life and property safety or social public order, the Municipal People’s Government and its authorized departments, and the district people’s governments may, according to relevant provisions of the State and this Municipality, take necessary preventive and protective measures including temporary class suspension, production halts, or business suspension.

Citizens, legal entities or other organizations shall take emergency and disaster-prevention measures according to suggestions and advices released by the municipal and district people’s governments and their relevant departments.

Chapter IV Joint Emergency Response and Disposal

Article 29

This Municipality establishes the joint emergency response mechanism.

The SERC accepts the emergency alert from the citizens, legal entities or other organizations through “110” and other emergency telephones in a unified way, and organizes, commands, directs and coordinates the joint emergency response units for joint emergency response handling.

The joint emergency response of maritime search and rescue and vessel pollution accidents shall be organized, commanded, directed and coordinated by the Shanghai Maritime Search and Rescue Center, and the SERC is responsible for organizing relevant joint emergency response units to provide cooperation.

Article 30

Upon receiving the alarm, the SERC shall immediately verify the situation. Where the joint emergency response is necessary, a disposal order shall be transmitted to the joint emergency response units in a timely manner, relevant situation shall be reported to the upper level according to relevant provisions, and the circulation of relevant information to related units shall be ensured.

Upon receiving the order from the SERC, the joint emergency response units shall, according to the assignment of responsibility and the requirements of contingency plans, organize and direct emergency contingents, experts, materials and equipment for emergency disposal, and report the disposal situation to the SERC in a timely manner.

According to the development of emergencies and the disposal situation, the SERC may report to the Municipal Emergency Response Commission for the establishment of the Municipal Emergency Response Headquarter, make clear the grade and scope of emergency response, and organize in a unified manner the implementation of emergency response handling.

Article 31

Where a department or unit that undertakes the emergency response function receives an emergency response request that is beyond its disposal capability, it shall record and verify the situation in a timely manner, and report the request to the SERC or transfer the request directly to relevant department for disposal, without any postponement or delay.

Other units and adults shall, within the scope of capability, provide necessary assistance to those who require emergency response under the impact of emergencies.

Article 32

The municipal and district people’s governments may, according to the needs of emergency response, set up on-site command, and assign an on-site commander for the emergency response disposal in a unified way. The on-site commander is entitled to determine the disposal scheme, schedule the emergency rescue forces on the spot, and coordinate relevant units for the emergency response handling.

On the site of major disasters and accidents or on the emergency rescue site with the main purpose to save people’s lives, the comprehensive emergency rescue team shall implement and command the rescue in a unified way.

Article 33

The emergency response shall take the safety of personnel as the priority.

At the time of formulating on-site response scheme, the departments and units undertaking the emergency response function shall give priority to the rescue of personnel exposed to the harm of emergencies, and care for the life safety of persons participating in emergency rescue.

Where emergency such as fire occurs at those crowded places, the operation units or management units shall immediately organize the evacuation of persons, and shall not have any postponement.

Article 34

Where the evacuation or withdrawal of personnel is necessary in the process of emergency response, the municipal and district people’s governments shall organize the evacuation or withdrawal of persons in order; where it is necessary, the persons shall be guided to emergency shelters to avoid risks.

The municipal and district people’s governments may, according to the requirements of emergency response, designate relevant facilities or places as temporary emergency shelters; relevant units shall open for public use the designated facilities or places in a timely manner according to the requirements.

Article 35

Where the municipal and district people’s governments and their relevant departments expropriate the property of a unit or individual for emergency response according to law, they shall issue an emergency expropriation certificate to the unit or individual whose property is expropriated. Where the certificate can not be issued on the spot under emergency circumstances, it shall be issued after the completion of emergency response handling.

The emergency expropriation certificate shall bear such elements as the basis and reasons for emergency expropriation, name and quantity of the expropriated property, name of the unit or individual of the expropriated property, and name of the expropriating unit and the contact information.

The expropriating unit shall, right after the utilization of expropriated property or after the completion of emergency response disposal, return the expropriated property in a timely manner; where the property is damaged or lost in expropriation or after expropriation, corresponding compensation shall be made according to law.

Article 36

Where it is necessary to draw the financial preparatory funds after the occurrence of major or special major emergencies, the municipal and district finance departments shall make arrangements according to the provisions; the examination and approval procedures and the appropriation procedures for the related funds may be simplified under emergency circumstances.

Article 37

The administrative departments of public security, transport and port, maritime, and roads shall, according to the requirements of emergency response, open up dedicated channels to ensure the priority of transportation unit in transporting materials, equipment, tools, and emergency rescue personnel required by the emergency response work, and the persons harmed by emergencies.

The operation and management unit of the expressway shall, according to the requirements of risk avoidance and rescue under emergencies, cooperate with the public security traffic management department in taking measures such as information release, speed-limit access, and temporary closure, to guide and evacuate vehicles. In case of need, the road administrative department may coordinate relevant units to temporarily suspend charges at the tollgate entrance.

Article 38

The telecommunication administrative department shall organize and coordinate the telecommunication operation enterprises to guarantee the unblocked telecommunication in emergency response.

The radio administrative department shall ensure the special frequency and electromagnetic environment for emergency response, and provide necessary technical conditions.

Chapter V  Post-Rehabilitation and Reconstruction

Article 39

The municipal and district people’s governments shall strengthen leadership on post-rehabilitation in those areas impacted by emergencies, formulate working plans of relief, compensation, comfort, consolation, and settlement according to the losses incurred by the areas and organize the implementation thereof, properly settle the problems and disputes incurred due to emergency response disposal, provide information consulting, and assist in searching missing people and offer psychological counseling and other services.

The municipal and district people’s governments shall, according to law, give pensions to those injured or died in emergency rescue disposal.

Article 40

The municipal and district people’s governments shall organize, in a timely manner, the assessment on losses incurred by emergencies, organize the impacted areas to restore normal production, life, work and social order as soon as possible, and formulate the reconstruction plans and report the matter to the people’s government at the next higher level.

The municipal and district people’s governments shall, in a timely manner, organize and coordinate relevant departments in restoring social security order, and repair the damaged public facilities as soon as possible.

Article 41

After the occurrence of emergencies, the administrative department of price control shall strengthen the supervision over prices, and severely punish the acts of hoarding, gouging,  fabricating and releasing information on price-hike that harass the market order so as to stabilize the market price and safeguard the market order.

Article 42

Where a citizen participates in emergency rescue work or assists in the maintenance of social order, his/her wages, treatment and welfare in the unit during such period shall not be changed; the municipal and district people’s governments shall commend or reward those with outstanding performance and prominent achievements.

Chapter VI  Legal Liability

Article 43

Where laws or regulations have punishment provisions on the acts violating the provisions of these Procedures, such provisions shall prevail.

Article 44

Where a unit has one of the following acts that violates these Procedures, the local district people’s government shall order the wrongdoer to make corrections within a prescribed time limit, and give a warning where the wrongdoer fails to make corrections within the prescribed time limit:

1. failing to make specific contingency plans according to the requirements, in violation of Article 11 of these Procedures;

2. failing to conduct emergency drills according to the requirements, in violation of Clause 3 of Article 20 of these Procedures; or

3. refusing to open relevant facilities or places as temporary emergency shelters, in violation of Clause 2 of Article 34 of these Procedures.

Article 45

Where an administrative organ or its working staff has one of the following acts, the organ at a higher level or the supervisory organ shall order the wrongdoer to make corrections, and give, according to law, punishments such as warning or demerit record to the person directly in charge and other directly responsible persons in the light of the actual circumstances:

1. failing to release relevant information on emergencies according to the provisions;

2. failing to perform the duties of joint emergency response according to the provisions;

3. failing to obey the command or direction of on-site commander;

4. failing to register or transfer the emergency help information beyond its capability according to the provisions; or

5. violating the procedures as provided in implementing emergency expropriation.

Chapter VII  Supplementary Provision

Article 46

These Procedures shall be effective as of May 1, 2013.