Simp. Chinese  Trad. Chinese
User ID @sc.gov.cn Password
 
 
  PathHome>laws®ulations

Regulations on Post-Wenchuan-Earthquake Restoration and Reconstruction

Order of the State Council of the People¨s Republic of China
(No. 526)

  The Regulations on Post-Wenchuan-Earthquake Restoration and Reconstruction, which were adopted at the 11th executive meeting of the State Council on June 4, 2008, are hereby promulgated and shall take effect as of this date of promulgation.

  Premier Wen Jiabao

  June 8, 2008

  Regulations on Post-Wenchuan-Earthquake Restoration and Reconstruction

  Chapter I General Provisions

  Article 1 These Regulations are formulated in accordance with the provisions of the Emergency Response Law of the People¨s Republic of China and the Law of the People¨s Republic of China on Protecting Against and Mitigating Earthquake Disasters, and with a view to ensuring vigorous, orderly and effective post-Wenchuan-Earthquake restoration and reconstruction, actively and reliably restoring the normal living, production, study and work conditions for the quake-afflicted people and promoting economic and social restoration and development in quake-stricken areas.

  Article 2 The guidelines of people orientation, scientific planning, overall consideration, step-by-step implementation, self-reliance, state support and social assistance shall be adhered to in the post-earthquake restoration and reconstruction.

  Article 3 The following principles shall be upheld in the post-earthquake restoration and reconstruction:

  a) combining self-reliance and self-saving production in quake-stricken areas with state support and one-to-one assistance;

  b) combining government leading with social participation;

  c) combining in-situ restoration and reconstruction with ex-situ new construction;

  d) combining quality guarantee with efficiency enhancement;

  e) combining short-term considerations with long-term considerations; and

  f) combining economic and social development with protection of ecological environment and resources.

  Article 4 The people¨s governments at all levels shall strengthen the leadership, organization and coordination in respect of the post-earthquake restoration and reconstruction, and if necessary, establish coordinating bodies for the post-earthquake restoration and reconstruction to organize and coordinate the post-earthquake restoration and reconstruction.

  Relevant departments under the people¨s governments at and above the county level shall, under the uniform leadership of the people¨s governments and on the basis of the division of duties, closely cooperate with each other, take effective measures and complete tasks of the post-earthquake restoration and reconstruction in a satisfactory manner.

  Article 5 The people¨s governments at all levels in the quake-stricken areas shall be self-reliant, hardworking, diligent and thrifty, and raise funds and gather materials through various channels to push forward the post-earthquake restoration and reconstruction.

  The State gives fiscal support, tax preferences and financial assistance for the post-earthquake restoration and reconstruction, and takes active part in providing support in such respects as materials, technologies and human resources.

  The State encourages citizens, legal persons and other organizations to take active part in the post-earthquake restoration and reconstruction, and supports the use of advanced technologies, equipment and materials in the post-earthquake restoration and reconstruction.

  The State accepts aids provided by foreign governments and international organizations in conformity to the needs of the post-earthquake restoration and reconstruction.

  Article 6 Commendations and awards shall be given to those entities and individuals that have made outstanding contributions to the post-earthquake restoration and reconstruction, in accordance with relevant provisions of the State.

  Chapter II Transitional Resettlement

  Article 7 In arranging transitional resettlement for quake-afflicted people in the quake-stricken areas, such multiple ways of resettlement in light of the actual conditions of the quake-stricken areas shall be adopted as in-situ resettlement combined with ex-situ resettlement, centralized resettlement combined with decentralized resettlement, and government-sponsored resettlement combined with resettlement with relatives or friends or self-resettlement. 

  The people¨s governments shall give appropriate subsidies to those quake-afflicted people who resettle with relatives or friends or otherwise resettle themselves. Specific measures in this regard shall be formulated by the provincial people¨s governments.

  Article 8 Transitional resettlement shall be located in areas with convenient transport conditions and facilitating the people¨s restoration of production and life, and shall avoid areas with earthquake active faults or potential dangers of flood, landslide or collapse, mud-rock flow, ground caving-in, lightning strike or any other disasters, and areas with factories and warehouses that manufacture or store flammable and explosive hazardous substances.

  In arranging transitional resettlement, deserted land or vacant land shall be occupied as first choices, and farmland shall not be occupied or shall be occupied as less as possible. Damage shall also be avoided to any nature reserves, protected areas for drinking water sources and ecologically fragile regions.

  Article 9 The people¨s governments at all levels in the quake-stricken areas shall arrange for temporary housing for quake-afflicted people in light of the actual local conditions. The temporary housing may be tents and tarpaulin rooms, or simple houses and movable plank houses where conditions allow. Where there is real difficulty to arrange for temporary housing, school playgrounds and stadiums that pass safety assessment may serve as temporary refuges.

  The State encourages and provides subsidies to rural residents in quake-stricken areas to establish themselves temporary housing that meets safety requirements. Specific measures in this regard shall be formulated by the provincial people¨s governments.

  Article 10 The quality and safety of materials used for transitional resettlement shall be guaranteed. Manufacturing entities shall ensure the product quality of tents and tarpaulin rooms. Building and manufacturing entities shall use qualified building materials to ensure the safety, quality and aseismatic performance of simple houses and movable plank houses.

  Article 11 To ensure the basic needs of living for quake-afflicted people, sites for transitional resettlement shall be equipped with such related infrastructure as water supply, power supply and roads, and such public service and facilities shall be provided in proportion as schools, medical centers, water supply, public toilets, rubbish collection centers, daily supplies centers, special supplies centers for ethnic minorities and necessary cultural and publicity facilities.

  Sites for transitional resettlement shall be moderate in size. Necessary lightning-proof facilities shall be installed, necessary fire escape passageways shall be reserved, and corresponding fire control facilities shall be equipped to prevent the occurrence of fires and lightning strikes. 

  Article 12 Temporary housing shall be fire-proof, wind-resistant and rain-proof. 

  Article 13 In the use of movable plank houses, priority shall be given to the seriously affected areas and affected people who need ex-situ resettlement, the seriously affected households whose collapsed houses can not be reconstructed within a short time, particularly the death victims¨ families, pregnant women, infants, orphans, bereaved old folks and the disabled, and such public facilities as schools and medical centers.

  Article 14 The distribution and use of the funds and materials for temporary housing and transitional resettlement shall be open and transparent, and shall be made public on a regular basis and subject to the supervision of relevant departments and the general public. Specific measures in this regard shall be formulated by the provincial people¨s governments.

Article 15 The land for transitional resettlement shall be arranged for on a temporary basis, and may be used first, with the relevant land use formalities to be gone through later in accordance with law. Such land as is not turned into land for permanent use upon expiration of temporary use shall be reclaimed and returned to the original land users.

  Article 16 The people¨s governments at the county level at the places where sites for transitional resettlement are located shall arrange for relevant departments to strengthen the monitoring of secondary disasters, drinking water quality, food sanitation and epidemics, as well as epidemiological investigations and the treatment of environmental sanitation. The selected disinfectants and detergents shall conform to environmental protection requirements to avoid causing pollutions to soil, water resources and environment.

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

  The quake-afflicted people shall, as organized by the people¨s governments at the county or township (town) level at the places where sites for transitional resettlement are located, set up public security and fire control teams to carry out patrols of public security and fire control and undertake other self-defense and self-rescue tasks.

  Article 17 The people¨s governments at all levels in quake-stricken areas shall arrange for quake-afflicted people and enterprises to conduct self-help production and actively resume production, and offer psychological aid to quake-afflicted people in a satisfactory manner.

  Article 18 The people¨s governments at all levels and competent administrative departments for agriculture in quake-stricken areas shall arrange to repair damaged agricultural production facilities in a timely manner and to rush in the sowing and harvest, and shall provide guidance on agricultural production technologies, and ensure the supply of agricultural input and agricultural machinery equipment. 

  Article 19 The people¨s governments at all levels and relevant governmental departments in quake-stricken areas shall give priority to production resumption of such enterprises as power supply enterprises, water supply enterprises and gas supply enterprises, give support for major large-scale enterprises to resume production, and create conditions for the full resumption of production and operation of industries and the service sector.

  Chapter III Surveys and Assessments

  Article 20 Relevant departments under the State Council shall organize surveys and assessments in respect of the earthquake so as to provide grounds for the planning for the post-earthquake restoration and reconstruction.

  Article 21 Surveys and assessments in respect of the earthquake shall cover the following matters:

  a) Extent of damage to and numbers of damaged cities, towns and villages;

  b) Casualties, extent of damage to and number of damaged houses, extent of damage to and numbers of damaged infrastructure, public service facilities, industrial and agricultural production facilities and commercial circulation facilities, extent of damage to and amount of damaged land for agricultural use;

  c) Number of people that need to be resettled, numbers of injured and disabled people that need assistance, numbers of bereaved old folks and minors that need help, number of houses that need to be provided, infrastructure and public service facilities that need to be rehabilitated and reconstructed, production facilities that need to be rehabilitated and reconstructed, agricultural land that needs to be consolidated and reclaimed;

  d) Information about environmental pollution, ecological damage, and damage to natural, historic and cultural heritage;

  e) Bearing capacity of resources and environment, and information about geologic hazards, seismic secondary disasters and potential dangers;

  f) Information about the impact on hydrogeology, engineering geology, environmental geology, topography, river and hydrological situation, and major water conservancy and hydropower projects;

  g) Events of public health emergency and potential dangers; and

  h) Other matters that need to be surveyed and assessed for the planning for post-earthquake restoration and reconstruction.

  Article 22 The people¨s governments at and above the county level shall, on the basis of the division of duties, arrange for relevant departments and experts to conduct assessments of the quality and aseismatic performance of such seriously damaged infrastructure as water conservancy, roads and power supply, schools and other public service facilities and other construction projects, keep record of relevant materials and samples, conduct surveys and assessments of damage mechanism caused by the earthquake to relevant construction projects, so as to provide scientific grounds for improving the aseismatic design criteria and engineering construction criteria for construction projects and taking aseismatic preventative measures.

  Article 23 Surveys and assessments in respect of the earthquake shall be conducted on-the-sport and in an all-round and comprehensive manner so as to ensure the authenticity, accuracy and timeliness of the data and materials as well as the reliability of the assessment conclusions.

  Earthquake administrations and seismic surveillance stations and networks shall collect and keep all the data and information before, during and after the earthquake, and establish complete files.

  Surveys and assessments in respect of the earthquake shall be conducted in accordance with state laws and regulations and relevant technical standards and requirements.

  Article 24 Reports of surveys and assessments in respect of the earthquake shall be submitted to the State Council in a timely manner.

  Chapter IV Planning for the Restoration and Reconstruction

  Article 25 Administrations of development and reform under the State Council, in collaboration with relevant departments under the State Council and the provincial people¨s governments in quake-stricken areas, shall jointly arrange the formulation of the planning for the post-earthquake restoration and reconstruction, and arrange the enforcement thereof upon approval by the State Council.

  The planning for the post-earthquake restoration and reconstruction shall include the overall planning and such specialized planning as urban planning, rural construction planning, urban and rural housing construction planning, infrastructure construction planning, public service facilities construction planning, productivity layout and industrial adjustment planning, market service system planning, disaster prevention and alleviation and ecological restoration planning, and land utilization planning.

  Article 26 The people¨s governments at the municipal and county levels in quake-stricken areas shall, under the guidance of the provincial people¨s governments, arrange the formulation of the planning for the post-earthquake restoration and reconstruction in their respective administrative areas.

  Article 27 The formulation of the planning for the post-earthquake restoration and reconstruction shall follow the view of scientific development and the principle of people orientation. The planning shall give priority to the restoration and reconstruction of the basic livelihood and public service facilities for the quake-afflicted people; respect science and the nature, and give full consideration to the bearing capacity of resources and environment; give overall consideration, and combine the boost of industrialization, urbanization, construction of the new countryside, construction of main functional districts and industrial structure optimization and upgrading; and follow the principles of unified deployment and division of duties, distinguishing between greater and lesser urgencies and giving prominence to key tasks, mutual connection and vertical coordination, and standardization, orderliness and advancement in accordance with law.

  The formulation of the planning for the post-earthquake restoration and reconstruction shall abide by laws, regulations and relevant national standards. 

  Article 28 The geological, surveying, mapping, hydrological and environmental data and other basic data obtained from the post-earthquake surveys and assessments shall serve as the basis for formulating the planning for the post-earthquake restoration and reconstruction.

  Competent earthquake authorities shall review the zoning map of seismic ground motion parameters, on the basis of the research results about seismic geology and seismic activities and the information about seismic intensity distribution, so as to provide basis for formulating the planning for the post-earthquake restoration and reconstruction and making aseismatic fortification for construction projects.

  Article 29 The planning for the post-earthquake restoration and reconstruction shall include such major content as the general information about the earthquake and regional analysis, principles and objectives, regional extent, spatial layout, tasks, and policies and measures for the restoration and reconstruction, protection of earthquake ruins and vestiges of scientific value, reparation of damaged cultural relics and buildings and structures of historic value and ethnic characteristics, implementation steps and stages.

  The planning for the post-earthquake restoration and reconstruction shall give priority to the arrangements for such respects as the urban and rural layout, housing construction, infrastructure construction, public service facilities construction, agricultural production facilities construction, industrial production facilities construction, disaster prevention and alleviation, protection of ecological environment, natural resources and historical and cultural heritage, and land consolidation and reclamation.

  Article 30 The restoration and reconstruction of production, living and other facilities in enterprises affiliated to the Central Government in quake-stricken areas shall be incorporated into the planning for the post-earthquake restoration and reconstruction and arranged all together.

  Article 31 The planning for the post-earthquake restoration and reconstruction shall involve relevant departments and experts and take full heed of the opinions of quake-afflicted people in quake-stricken areas. In the case of matters of great significance, relevant authorities shall arrange for specialized discussions and demonstrations by experts in the relevant fields.

  Article 32 Where the cities, towns and villages in the quake-stricken areas are totally destroyed, there exist major potential safety threats or the size of population exceeds the bearing capacity of the environment and therefore ex-situ new construction is necessitated, the new sites shall avoid earthquake active faults, ecologically fragile regions, regions where such disasters as flood, landslide, collapse, mud-rock flow or ground caving-in may occur, as well as natural foci of infectious diseases.

  The local people¨s governments at and above the county level in quake-stricken areas shall arrange for relevant departments and experts to have discussions and demonstrations on the selection of new sites, take heed of the opinions of the general public and report in this regard to the people¨s government at the immediate higher level for approval.

  Article 33 The planning for the post-earthquake restoration and reconstruction as approved by the State Council shall constitute the fundamental basis for the post-earthquake restoration and reconstruction, and shall be promulgated in a timely manner. All entities and individuals shall abide by such planning for the post-earthquake restoration and reconstruction as approved and promulgated in accordance with law, and obey planning and administration in this regard.

  Where the planning for the post-earthquake restoration and reconstruction needs to be amended as any of the basic data on which the planning relies changes or any other objective conditions change, or needs to be amended as the work of restoration and reconstruction requires, the authorities that have arranged for the formulation of the planning shall propose suggestions on the amendment and report in this regard to the State Council for approval.

  Chapter V Enforcement of the Restoration and Reconstruction

  Article 34 The provincial people¨s governments in quake-stricken areas shall arrange for the enforcement of the post-earthquake restoration and reconstruction in accordance with the planning for the same as well as local economic and social development levels step by step as planned.

  Relevant departments under the State Council shall provide support, assistance and guidance for the work of restoration and reconstruction in quake-stricken areas.

  In the restoration and reconstruction in urban areas, the original overall city or township planning shall be taken into consideration, the original ethnic architectural style shall be particularly embodied, and the urban construction scale and criteria shall be reasonably determined to conform to the standards of aseismatic fortification.

  Article 35 Administrations of development and reform shall be specifically responsible for the overall planning, policies and suggestions making, investment planning, organization and coordination, and the arrangements of major construction projects for the post-earthquake restoration and reconstruction.

  Finance departments shall be responsible for capital arrangements and policies and suggestions in this regard in collaboration with other relevant departments, and be specifically responsible for the appropriation and management of financial funds for the post-earthquake restoration and reconstruction.

  Administrations of transportation, water conservancy, railway, electricity, telecommunications, and radio, film and television shall, on the basis of the division of duties, specifically arrange for the post-earthquake restoration and reconstruction of relevant infrastructure.

  Administrations of construction shall specifically arrange for the post-earthquake restoration and reconstruction of houses and public facilities of municipal administration.

  Departments of civil affairs shall be specifically responsible for temporary basic living guarantee for quake-afflicted people, relief for people with living difficulties, subsidies for the restoration and reconstruction of damaged rural houses, the restoration and reconstruction of social welfare facilities, as well as the resettlement, subsidies, psychological aid and restoration of injury and disability for orphans, bereaved old folks and the handicapped.

  Administrations of education, science and technology, culture, health, radio, film and television, physical education, human resources and social security, commerce, and industry and commerce shall, on the basis of the division of duties, specifically arrange for the post-earthquake restoration and reconstruction of the public service facilities, sanitation and disease control, medical treatment, employment services and social security, supply of key living necessities and maintenance of market order. Institutions of higher learning and institutions of scientific and technological research and development shall reinforce specialized studies on relevant issues so as to provide scientific and technological support for the post-earthquake restoration and reconstruction.

  Administrations of agriculture, forestry, water conservancy, land and resources, commerce and industry shall, on the basis of the division of duties, specifically arrange for animal epidemic monitoring, restoration of agricultural production facilities and agricultural production conditions, land use arrangements for the post-earthquake restoration and reconstruction, land consolidation and reclamation, prevention and control of geological hazards, trade circulation, and restoration and reconstruction of industrial production facilities.

  Administrations of environmental protection, forestry, civil affairs, water conservancy, science and technology, work safety, earthquake, meteorology, and mapping shall, on the basis of the division of duties, be specifically responsible for ecological environmental protection, disaster prevention and alleviation, technical guarantee for work safety, and restoration and reconstruction of public service facilities.

  The People¨s Bank of China and the regulatory authorities for banking, securities and insurance shall, on the basis of the division of duties, be specifically responsible for formulating and enforcing the policies for financial support and service for the post-earthquake restoration and reconstruction.

  Social security organs shall be specifically responsible for maintaining and stabilizing the social order in quake-stricken areas.

  The Customs and administrations of entry-exit inspection and quarantine shall, on the basis of the division of duties and in accordance with law, arrange for the examination and release, inspection and quarantine of import materials for the restoration and reconstruction as well as overseas donated materials.

  The Ministry of Foreign Affairs shall, in collaboration with relevant departments and on the basis of the division of duties, coordinate matters in relation to foreign affairs in the post-earthquake restoration and reconstruction.

  Article 36 Competent earthquake administrations under the State Council shall, in collaboration with administrations of cultural relics and other relevant departments, arrange for experts to conduct on-the-spot investigations of the earthquake ruins, and delimit typical and representative earthquake ruins and vestiges of scientific and memorial value, so as to set up museums of earthquake ruins.

  Article 37 The provincial people¨s governments in the quake-stricken areas shall arrange for administrations of ethnic affairs, construction, environmental protection, earthquake and cultural relics and relevant experts to work out clearing and protection planning of earthquake ruins on the basis of the results of surveys and assessments in respect of the earthquake, and to specify the earthquake ruins, earthquake vestiges, protected sites of cultural relics, and buildings and structures of historic value and ethnic characteristics that are to be protected and the regional scopes thereof. Such planning shall be enforced upon approval by the State Council.

  Article 38 The clearing and protection of earthquake sites shall be conducted on condition that there exist no signs of human life or severe epidemics, following the principle of unified organization, scientific planning, overall consideration and emphasizing protection. In the case that human life is found in the earthquake sites, rescue shall be arranged for immediately.

  Article 39 Relevant authorities shall take effective measures to protect earthquake ruins and vestiges specified by the clearing and protection planning subject to the scope of protection, rescue and collect technical data and material data of scientific research value, make necessary reinforcements to buildings and structures in danger of falling down to the extent that such reinforcements will not affect the general style thereof, and clear up, to a necessary extent, poisonous and harmful waste and leftover in the ruins. 

  Protected sites of cultural relics shall be preserved in-situ. Such protective measures as reinforcements shall be taken to immovable cultural relics and buildings and structures of historic value and ethnic characteristics and historic architecture that may be preserved, while video and photo data of the same shall be collected and processed where preservation is unlikely for the time being but rebuilding is possible in the future.

  Such movable cultural relics as official collections of cultural relics and private collections of cultural relics, as well as the material carriers of non-cultural relics shall be rescued, cleared up and registered in a timely manner, and the movable cultural relics and the material carriers of non-cultural relics that have been cleared up shall be delivered to safe places and preserved in an appropriate manner.

  Article 40 The clearing of earthquake sites shall, in accordance with the clearing and protection planning, conducted in different areas and for different purposes. The disposal of death victims¨ bodies shall follow the traditions and customs of local ethnic minorities. Relevant authorities shall record in registers the type, characteristics and quantity of belongings and the time when and the place where such belongings are cleared up, and preserve such registers. The family members of such death victims and the owners of such belongings may be notified of their presence at the sites where conditions allow.

  Waste hazardous chemicals and other waste and leftover that are cleared up shall be disposed of by different categories, in compliance with relevant provisions of the State. 

  Article 41 The people¨s governments at all levels in the quake-stricken areas shall see to the prevention and control of animal epidemics. Relevant authorities shall take such measures of biosafety disposal as sterilization or destruction to dead animal bodies that are cleared up, so as to prevent severe animal epidemics.

  Article 42 Relevant authorities shall arrange for the recycle of, whenever recyclable, waste or used building materials that are removed or dismantled in the process of clearing up the earthquake sites, as well as movable plank houses no longer to be used when the transitional resettlement ends.

  Article 43 Relevant authorities shall conduct overall planning in respect of the post-earthquake restoration and reconstruction of such infrastructure and public service facilities as transportation, railways, telecommunications, water supply, electricity supply, housing, schools, hospitals, social welfare, culture, radio and TV broadcasting and finance. 

  In the post-earthquake restoration and reconstruction of urban areas, relevant authorities shall conduct overall planning in respect of public facilities of municipal administration, public service facilities as well as other facilities, and determine the construction scale and time sequence thereof in a reasonable way.

  In the post-earthquake restoration and reconstruction of villages and rural areas, relevant authorities shall respect farmers¨ wills and give full play to the role of villagers¨ self-ruling organizations. The people¨s self construction shall be the main form of restoration, with government subsidies, social support and one-to-one assistance as the auxiliary forms in light of the local conditions, and economical and intensive use of land shall be promoted to protect arable land.

  The people¨s governments at the county level in the quake-stricken areas shall arrange for relevant departments to give guidance on the selection of sites for the building of villagers¨ houses and offer various design drawings of villagers¨ houses for villagers¨ choice in consistence with local conditions. The villagers¨ houses shall satisfy standards of aseismatic fortification, and embody the original local characteristics, ethnic characteristics and traditional style.

  Article 44 Land for approved projects of the post-earthquake restoration and reconstruction may be used first in accordance with the overall planning of land use. The land use may be reported to higher authorities for approval and land use formalities may be gone through in accordance with relevant provisions while the projects are being constructed. Arable land, farmland and roads that were damaged in the earthquake, and land for emergency rescue and disaster relief, land for transitional resettlement, land in deserted towns and villages and of old sites of industrial and mining operations shall be consolidated and reclaimed in accordance with law, and geological hazards on such land shall be eliminated and controlled.

  Article 45 Relevant departments under the State Council shall arrange for review of, and when necessary, timely revision of the seismic ground motion parameters, standards of aseismatic fortification and standards of engineering construction in the quake-stricken areas.

  Standards of aseismatic fortification and relevant standards of engineering construction in the quake-stricken areas shall be modified in line with the revised seismic ground motion parameters of quake-stricken areas

  Article 46 Assessment shall be made of the aseismatic performance of buildings, structures and facilities in quake-stricken areas that remain usable in accordance with the standards of aseismatic fortification in quake-stricken areas, and such measures as reinforcement or alteration shall be taken on the basis of the assessment results. 

  Article 47 The sites for the post-earthquake reconstruction projects shall comply with the planning for the post-earthquake restoration and reconstruction, satisfy standards of aseismatic fortification and requirements of disaster prevention and alleviation, and avoid earthquake active faults, ecologically fragile regions, regions where severe disasters may occur, as well as natural foci of infectious diseases.

  Article 48 Design entities shall make aseismatic designs in strict compliance with standards of aseismatic fortification and compulsory standards of engineering construction, and shall be responsible for the quality of such aseismatic designs and the accuracy of the presented working drawings.

  Construction entities shall arrange for construction in accordance with the working drawings and other design documents as well as compulsory standards of engineering construction, and shall be responsible for the quality of construction.

  Building entities and construction entities shall select and use materials, components, fittings and equipment that comply with the working drawings and other design documents as well as relevant national standards.

  Supervising entities shall arrange for supervision in accordance with the working drawings and other design documents as well as compulsory standards of engineering construction, and shall assume the supervising responsibilities of the construction quality.

  Article 49 Examination and acceptance of completed reconstruction projects in accordance with relevant national provisions shall focus on examination of whether the projects comply with standards of aseismatic fortification. No report of examination and acceptance may be issued for projects that fail to comply with such standards.

  Article 50 For the purpose of strengthening aseismatic fortification, such densely-populated public places as schools, hospitals, sports grounds and gymnasiums, museums, cultural centers, libraries, cinemas and theaters, shops and transport hubs shall be designed in accordance with standards of aseismatic fortification higher than those of local housing construction. 
  Article 51 Projects in the post-earthquake restoration and reconstruction involving the protection of cultural relics, nature reserves, the protection of wild animals and plants and the protection of earthquake ruins and vestiges shall be executed in accordance with provisions of relevant state laws and regulations.

  Article 52 Government procurements of goods, projects and services in the post-earthquake restoration and reconstruction shall be made in strict compliance with relevant provisions of the Government Procurement Law of the People¨s Republic of China. 

  Chapter VI The Raising of Funds and Policy Support

  Article 53 The people¨s governments at and above the county level shall raise funds for the post-earthquake restoration and reconstruction by such means as government investment, one-to-one assistance, social fund-raising and market operation.

  Article 54 The State shall set up funds specially used for the post-earthquake restoration and reconstruction in light of such factors as the strength of the earthquake and the actual losses.

  The funds for the post-earthquake restoration and reconstruction consist of budgetary funds and other financial funds.

  The finance departments under the State Council shall formulate measures for the raising, use and management of the funds for the post-earthquake restoration and reconstruction.

  Article 55 The State encourages citizens, legal persons and other organizations to donate funds and materials for the post-earthquake restoration and reconstruction. The use of donated funds and materials shall follow the donors¨ wills and be incorporated into the planning for the post-earthquake restoration and reconstruction.

  Where the people¨s governments at and above the county level and the departments thereunder act as the donees, the same shall employ the donated funds and materials to the post-earthquake restoration and reconstruction. Where public organizations and public non-profit-making institutions act as the donees, the same shall publicize information about the donations and the use and management of the donated property and place themselves under the supervision of relevant governmental departments, the donors and the whole society.

  The people¨s governments at and above the county level and the departments thereunder, public organizations and public non-profit-making institutions which have accepted donations shall issue to the donors uniform donation receipts printed and prepared by finance departments at the provincial level.

  Funds, materials and personnel for the post-earthquake restoration and reconstruction provided by foreign governments and international organizations, and bilateral and multilateral projects of the post-earthquake restoration and reconstruction sponsored by foreign governments and international organizations shall be utilized or executed in accordance with relevant provisions of the State.

  Article 56 The State encourages citizens, legal persons and other organizations to invest in the restoration and reconstruction of infrastructure and public service facilities in the quake-stricken areas in accordance with law.

  Article 57 The State implements tax preference policies for the post-earthquake restoration and reconstruction in accordance with law. Specific measures in this regard shall be formulated by finance departments and taxation departments of the State Council.

  During the post-earthquake restoration and reconstruction, the people¨s governments at and above the county level shall enforce local tax preference measures in accordance with law.

  Article 58 Charges for administrative and public services in the quake-stricken areas may be reduced or exempted to an appropriate extent. Specific measures in this regard shall be formulated by relevant competent departments.

  Article 59 The State offers interest subsidy for housing loans, loans for reconstruction of public service facilities, loans for restoration of production and operation of industries and service sectors, and loans for restoration of agricultural production in the quake-stricken areas. Specific measures in this regard shall be formulated by finance departments of the State Council in collaboration with other relevant departments. 

  Article 60 In arranging construction funds, the State shall give priority to such infrastructure and public service facilities as transportation, railway, energy, agriculture, water conservancy, telecommunications, finance, municipal utilities, education, health, culture, radio and TV broadcasting, disaster prevention and alleviation, environmental protection, as well as other key projects and constructions concerning national security.

  The people¨s governments in the quake-stricken areas shall take emergency measures to arrange for the repairing of mapping, meteorological, earthquake and hydrological facilities damaged in the earthquake and ensure the normal operation of such facilities. 

  Article 61 The people¨s governments at all levels and relevant governmental departments shall offer vocational and technical training, employment service and employment assistance to the quake-afflicted people and encourage enterprises and public institutions to give priority to qualified quake-afflicted people in terms of employment, and may provide job opportunities as a form of disaster relief to stimulate the quake-afflicted people to take part in the post-earthquake restoration and reconstruction. 

  Article 62 The State grants living allowances to quake-afflicted students receiving compulsory education whose guardians have died in the earthquake, or lost work ability, or whose families have economic difficulties due to the earthquake. In the case of other quake-afflicted students whose guardians have died in the earthquake, or lost work ability, or whose families have economic difficulties due to the earthquake, the schools where such students receive education shall include the same as a first priority, under equal conditions, into the national allowances system to subsidize such students. 

  Article 63 The people¨s governments at and above the county level in areas other than the quake-stricken areas shall offer one-to-one assistance and other forms of support to the restoration and reconstruction in the quake-stricken areas in accordance with the arrangements of the State and the local governments.

  The State encourages enterprises and public institutions in areas other than the quake-stricken areas to support the restoration and reconstruction in the quake-stricken areas in various forms such as aided construction.

  Article 64 The people¨s governments and relevant departments that have examining and approving powers shall, adhering to the principle of simplified procedures and efficiency improvement and for the convenience of the public, deal with matters in the post-earthquake restoration and reconstruction that require administrative examination and approval in accordance with law and in a timely manner.

  Chapter 7 Supervision and Management

  Article 65 The people¨s governments at and above the county level shall strengthen the supervision and examination of the progress of the post-earthquake restoration and reconstruction of the people¨s governments at lower levels.

  Relevant departments of the people¨s governments at and above the county level shall strengthen the supervision of construction quality, work safety and product quality in the post-earthquake restoration and reconstruction.

  Article 66 The people¨s governments at all levels in the quake-stricken areas shall make investigations before deciding distribution planning of the funds and materials for the post-earthquake restoration and reconstruction and distribution planning of houses, and publicize the same after democratic deliberation and review.

  Article 67 The people¨s governments at all levels in the quake-stricken areas shall publicize the source, quantity, distribution and use of the funds and materials for the post-earthquake restoration and reconstruction on a regular basis, and place themselves under supervision from the public.

  Article 68 Finance departments shall strengthen the supervision and administration of the appropriation and use of the funds for the post-earthquake restoration and reconstruction.

  Administrations of development and reform, construction, transportation, water conservancy, electric power, railways, industries and information technology shall, on the basis of the division of duties, arrange for supervision and examination of projects of the post-earthquake restoration and reconstruction. Administrations of development and reform under the State Council shall arrange for inspection of major construction projects of the post-earthquake restoration and reconstruction.

  Article 69 Auditing organs shall strengthen follow-up auditing over the raising, distribution, appropriation, use and effect of the funds and materials for the post-earthquake restoration and reconstruction, release information about the use of such funds and materials on a regular basis, and publicize the final auditing results upon the completion of the auditing.

  Article 70 The people¨s governments at all levels in the quake-stricken areas as well as relevant departments and entities shall record in registers construction projects and information about the raising, distribution, appropriation and use of the funds and materials for the post-earthquake restoration and reconstruction, set up and improve file-keeping, and, after the construction projects are examined and accepted and the post-earthquake restoration and reconstruction ends, hand over relevant files to competent construction departments or other relevant departments in a timely manner.

  Article 71 Supervising organs shall strengthen the supervision over the post-earthquake restoration and reconstruction participating state organs, and organizations that have functions of managing public affairs authorized by laws and regulations as well as over the staff in such organs and organizations.

  Article 72 All entities and individuals shall have the right to report and accuse illegal acts and violations in the post-earthquake restoration and reconstruction.

  The people¨s governments or relevant departments that have received such reports shall conduct investigation immediately, deal with the cases in accordance with law and keep secret for the informants. In the case of reports in the real name of the informants, relevant authorities shall feed back the results of disposal to the informants. Where the illegal acts or violations have significant social effect, relevant authorities shall release the results of disposal to the public.

  Chapter VIII Legal Liabilities

  Article 73 Where relevant local people¨s governments and governmental departments converted, held back or misappropriated funds or materials for the post-earthquake restoration and reconstruction, finance departments and auditing organs shall, subject to the scope of their respective duties, instruct the same to rectify such misconducts, recover the funds or materials that were converted, held back or misappropriated, and confiscate illegal proceeds. Warning or circulated criticism shall be given or made to relevant violating entities. Appointing and removal organs or supervising organs shall, subject to jurisdiction of personnel matters administration and in accordance with law, impose on the chief managing staff directly responsible for such misconducts and other directly responsible persons such penalty as demotion, removal of office or even expulsion. Where such misconducts constitute crimes, the criminal responsibilities of relevant persons shall be investigated in accordance with law.

  Article 74 In the post-earthquake restoration and reconstruction, where relevant local people¨s governments and governmental departments are in arrears with project payments to construction entities, or signify or imply that the design entities or construction entities may fall short of standards of aseismatic fortification and compulsory standards of engineering construction, resulting in lower construction quality and severe work safety accidents, 1) if such misconducts constitute crimes, the criminal responsibilities of relevant persons shall be investigated in accordance with law; 2) if such misconducts do not constitute crimes, appointing and removal organs or supervising organs shall, subject to jurisdiction of personnel matters administration and in accordance with law, impose on the chief managing staff directly responsible for such misconducts and other directly responsible persons such penalty as demotion, removal of office or even expulsion.

  Article 75 In the post-earthquake restoration and reconstruction, where the construction entities, exploration entities, design entities, building entities or project supervision entities lower the construction quality and cause severe work safety accidents, 1) if the case constitutes a crime, the criminal responsibilities of relevant persons shall be investigated in accordance with law; 2) if the case does not constitute a crime, the competent construction departments or other relevant departments of the local people¨s governments at and above the county level shall impose penalty on relevant persons in accordance with relevant provisions of the Regulations on Quality Management of Construction Projects.  

  Article 76 Where it is identified and confirmed in the surveys and assessments that the construction quality of such infrastructure, public service facilities and other construction projects as were severely damaged in the earthquake has serious problems, 1) if the case constitutes a crime, the criminal responsibilities of the directly accountable persons of the building entities, design entities, construction entities and supervising entities shall be investigated in accordance with law; 2) if the case does not constitute a crime, the competent construction departments or other relevant departments of the local people¨s governments at and above the county level shall impose penalty on relevant persons in accordance with relevant provisions of the Regulations on Quality Management of Construction Projects. If giving bribes and taking bribes is suspected, the criminal responsibilities of relevant persons shall be investigated in accordance with law.

  Article 77 In the post-earthquake restoration and reconstruction, where disturbance of social public order constitutes violation public security administrative rules, the public security organs shall impose penalty on relevant entities or individuals.

  Article 78 Penalty shall be imposed on the public servants in accordance with law who are guilty of abuse of powers, dereliction of duty, or engaging in malpractices for personal gains in the post-earthquake restoration and reconstruction. If the case constitutes a crime, the criminal responsibilities of relevant persons shall be investigated in accordance with law.

  Chapter IX Supplementary Provisions

  Article 79 The State Council, or relevant departments under the State Council or the provincial people¨s governments shall, subject to the scope of their respective duties, formulate separate provisions concerning the application of other relevant laws and relevant policies in the post-earthquake restoration and reconstruction.

  Article 80 These Regulations shall take effect as of the date of promulgation.

 
Copyright held by the General Office of Sichuan Provincial People¨s Government. All Rights Reserved.
Technical Support: Sichuan Telecom.
Website Maintenance: Sichuan Provincial E-Administration Extranet Center; Tel:86-28-86190174
包 ICP 姥05030899催