Measures of Taiyuan Municipality on Emergency Requisition of Materials and Places in Response to Emergencies

Article 1 In order to deal with emergencies in accordance with the law, standardize the requisition of government emergency materials and places, improve the ability of emergency rescue, control and reduce social harm, and ensure the safety of people's lives and property, these Measures are formulated in accordance with the Emergency Response Law of People's Republic of China (PRC), the Emergency Response Law of People's Republic of China (PRC), the Property Law of People's Republic of China (PRC) and other relevant laws and regulations, combined with the actual situation of this Municipality. Article 2 The term "unexpected events" as mentioned in these Measures refers to natural disasters, accidents, public health incidents and social security incidents that occur suddenly and cause or may cause serious social harm and require emergency measures. Article 3 These Measures shall apply to the activities of units or individuals within the administrative area of this Municipality to urgently requisition materials and places in response to emergencies. Article 4 The materials and places that need to be requisitioned in emergencies include the means of transportation, engineering machines and tools, medical and health resources, medicines, medical devices, food, energy, houses, venues and other materials and places owned by units or individuals. Article 5 The Municipal People's Government shall be in charge of the requisition of emergency materials and places in the whole city.

County (city, district) people's governments are in charge of the requisition of emergency materials and places within their respective administrative areas.

The relevant government departments shall, within the scope of their respective duties, do a good job in the emergency requisition of relevant materials and places. Article 6 Units or individuals shall obey the emergency requisition decisions of people's governments at all levels and their departments, fulfill their emergency requisition obligations, and cooperate with the government's emergency requisition measures. Article 7 The requisition of emergency materials and places shall adhere to the principles of unified leadership, overall planning, requisition nearby, convenient transportation, quality assurance, balanced burden and reasonable compensation. Article 8 The government entrusts a qualified evaluation agency to be responsible for the evaluation of emergency requisition materials, materials requisitioned before the site occurrence and the original state of the site, and the supervision department is responsible for the process supervision. Article 9 Units or individuals under any of the following circumstances shall not be requisitioned:

(a) the materials are aging, obsolete and seriously damaged, which do not meet the needs of emergency rescue;

(two) the ownership units or individuals of construction machinery and means of transport are no longer within their respective administrative areas;

(three) other provisions of laws and regulations are not suitable for collection. Tenth people's governments at all levels and their departments should do a good job in investigating all kinds of materials and places needed to deal with emergencies, establish archives of requisitioned materials and places, and formulate emergency requisition plans for materials and places.

The emergency requisition plan for materials and places shall ensure the quantity and quality of the requisitioned materials and places, taking into account the production and life of the requisitioned units or individuals.

The requisitioned materials and places involved in the emergency requisition plan shall be notified in writing by the competent department of requisition to the ownership unit or individual. Eleventh people's governments at all levels and their departments shall regularly understand the use and ownership of materials and places of units or individuals included in the emergency requisition plan, and update the emergency requisition plan of materials and places in a timely manner. Twelfth materials and places included in the emergency requisition plan should be used normally. If it needs to be scrapped or transferred, the ownership unit or individual must report to the people's government at the same level or the department that included the materials and places in the emergency requisition plan within 20 days after scrapping or transferring. Thirteenth after the emergency, the need to requisition materials and places to deal with emergencies, in accordance with the following provisions by the relevant departments as requisitioning units responsible for requisition:

(a) the collection of energy is the responsibility of the competent department of development and reform in conjunction with the relevant units;

(two) the competent department of urban construction is responsible for the requisition of construction machinery;

(three) the expropriation of the square (open space) is the responsibility of the land department;

(four) the transportation department is responsible for the requisition of transportation facilities, equipment and means of transport;

(five) the expropriation of food and drinking water shall be the responsibility of the competent department of commerce;

(six) the drug supervision and administration department is responsible for the recipients of drugs and medical devices;

(seven) the expropriation of medical and health resources shall be the responsibility of the health authorities;

(eight) the real estate department is responsible for the expropriation of houses;

(nine) the expropriation of underground buildings shall be the responsibility of the competent civil defense department;

(ten) the requisition of other materials and places shall be the responsibility of the relevant departments designated by the people's governments at all levels. Fourteenth people's governments at all levels and their departments shall, after making an emergency requisition decision, serve the emergency requisition decision on the requisitioned units or individuals. The emergency requisition decision shall specify the name of the requisitioning unit, the requisition purpose, the requisition time, the requisition place, the requisition period, the information of the requisitioned unit or individual, the name, model, quantity and relevant technical support requirements of the requisitioned materials or places. Fifteenth emergency requisition units or individuals shall, after receiving the emergency requisition decision, immediately cooperate with the requisition unit to transport the requisitioned materials to the designated place or clean up the requisitioned place on time, and go through the handover procedures. The requisitioning unit shall make an emergency requisition in duplicate, one for the requisitioning unit and one for the requisitioned party. Article 16 If the emergency requisition decision cannot be delivered in advance due to an emergency, the requisitioning unit may carry out emergency requisition, and the requisitioned unit or individual shall cooperate. The requisitioning unit shall go through the relevant formalities within twenty-four hours after the emergency requisition.