(Translation for Reference Only)
(Adopted at the 34th Meeting of the Standing Committee of the Seventh People's Congress of Shenzhen Municipality on December 27, 2024)
Chapter I General Provisions
Article 1 The Regulationsof the Shenzhen Special Economic Zone on Emergency Response to Disasters and Accidents (hereinafter referred to as “these Regulations”)are formulated in accordance with the basic principles of the Emergency Response Law of the People’s Republic of China and relevant laws and administrative regulations, taking into account the actual conditions of the Shenzhen Special Economic Zone, with the aim of controlling, mitigating, and eliminating hazards caused by disasters and accidents, standardizing emergency response efforts, enhancing emergency response capabilities, and protecting the safety of people’s lives and property.
Article 2 These Regulations shall apply to the emergency response to disasters and accidents and related activities within the scope of Shenzhen Special Economic Zone.
If there are other provisions in laws and regulations on fire suppressionand emergency rescue operations, such provisions shall prevail.
Article 3Disasters and accidents refer to natural disasters and accidents that occur suddenly, cause or may cause serious social harm, and require emergency response measures as stipulated in the Emergency Response Law of the People’s Republic of China.
Emergency responses refer tothe activities of rescuing and treating the injured, transferring, evacuatingand properly accommodating the threatened, controlling sources of danger, repairing damaged public facilities and other activities, after a disaster or accident occurs, in order to control, reduce and eliminate the hazards caused by the disaster or accident.
Emergency response personnel refers to the staff of government agencies, enterprises, public institutions, emergency volunteers, and other personnel involved in emergency response in accordance with government instructions.
Article 4 The emergency response to disasters and accidents shall uphold the leadership of the Communist Party of China (hereinafter referred to as the “CPC”). A working system for emergency response shall be established and improved, featuring the CPCCommittee’sleadership, the governmentresponsibility, departmental coordination, public participation, and technological support.Adhering to the principle of putting people and their lives first, the work shall follow the principles of rapid response, tiered response, territorial management, and scientific handling.
Article 5 The municipal people’s government shall coordinate the emergency response to disasters and accidents in the municipality. In accordance with the disaster and accident grading standards, it shall be responsible for responding to relatively major disasters and accidents. For major and exceptionally major disasters and accidents, it shall conduct initial response, provide comprehensive support, and manage aftermath operations. The municipal people’s government shall also guide the district people’s governments in their emergency response work.
The district people’s governments shall be responsible for emergency response to general disasters and accidents according to the grading standards. They shall also conduct initial response, provide comprehensive support and coordination, and carry out aftermath operations for relatively major and more severe disasters and accidents.
The relevant departments of the municipal and district people’s governments shall carry out emergency response operations in accordance with their respective responsibilities and emergency response plans (hereinafter referred to as the “emergency plans”).
The subdistrict office shall carry out emergency response operations under the guidance of the municipal and district people’s governments and their relevant departments, as well as designated emergency command agencies, in accordance with the emergency plan.
The residents’ committee shall assist the municipal and district people’s governments and their relevant departments, as well as designated emergency command agencies, in carrying out emergency response work in accordance with the law.
Article 6 The disaster and accident emergency command agencies established by the municipal and district people’s governments shall uniformly lead and coordinate the emergency response operations within their respective jurisdictions. The daily work of the emergency command agencies for disasters and accidents shall be undertaken by the emergency management department of the corresponding level people’s government.
The municipal and district people’s governments shall establish designated emergency command agenciesbased on the types of disasters and accidents and operational needs.The agencies shall be responsible for organizing, coordinating, and commanding the corresponding emergency response to disasters and accidents.
Article 7 The municipal people’s government shall strengthen regional coordination in emergency response to disasters and accidents, establish and improve coordination mechanisms for information sharing, resource sharing, and team support, promotecoordinated actions with surrounding cities, and enhance cross-regional emergency responsecapabilities.
The municipal and district people’s governments shall establish and improve a coordinated mechanism for emergency response to disasters and accidents, strengthen departmental, top-down, and military civilian coordination in emergency response work.
Article 8 The municipal or district people’s governments and their relevant departments shall strengthen the publicity and education of emergency knowledge and skills training,enhance public awareness of public safety and risk prevention, enhance the capabilities of risk avoidance, self-helpand mutual aid.
Citizens, legal persons, and other organizations shallparticipate in emergency response operations for disasters and accidents in an orderly manner under the coordination of the municipal or district people’s governments and their relevant departments, designated emergency command agencies, subdistrict office, residents’ committee.
Citizens, legal persons, and other organizations shall be encouraged and guided to donate property or provide other support for emergency response work of disasters and accidents.
Chapter II Emergency Response Procedures
Article 9 Citizens, legal persons, and other organizations shall immediately report to the local people’s government or relevant authorities if they discover disasters and accidents or abnormal situations that may cause disasters and accidents. The unit receiving the report shall immediately verify and handle it. For reported matters that do not fall within its responsibilities, it shall immediately transfer them to competent authorities.
The municipal and district people’s governments shall facilitate the reporting of disaster and accident information by citizens, legal persons, and other organizations through the emergency alarm hotline, government service hotlines, mobile applications, and other channels. They shall also establish and improve mechanisms for the reporting, verification, and handling of such information.
Article 10 After a disaster or accident occurs, the unit where the disaster or accident occurred or the affected unit shall immediately relocate, disperse, evacuate, and resettle the threatened personnel in accordance with the emergency plan, take necessary measures to prevent the hazard from spreading, notify the disaster or accident information to the surrounding units and personnel, and report to the local district people’s government or relevant departments.
The residents’ committee at the site of the disaster or accident occurred shall immediately carry out publicity and mobilization, organize self-help and mutual aid, and assist in maintaining public order.
The subdistrict office at the site of the disaster or accident shall immediately launch an initial response in accordance with the emergency plan and promptly report information regarding the disaster or accident to the district people’s government.
Article 11 Emergency administrationagencies and other authorities that are responsible for responding to relevant disasters and accidents shall immediately take necessary response measures upon receiving information regarding the disaster or accident, and report to the local people’s government and the competent authority of the higher people’s government. The municipal and district people’s governments shall establish mechanisms for information sharing and coordination, and relevant departmentsshallpromptly communicate and inform each other of disaster and accident information.
Emergency administrationagencies and the authorities that are responsible for responding to relevant disasters and accidents shallpromptly assess the nature, level, and trend of the disaster or accident, and propose emergency response suggestions.
Article 12 Following the occurrence of a disaster or accident, the district people’s government where the incident occurs shall promptly activate emergency response procedures, initiate emergency response operations, and report to the municipal people’s government without delay.
Upon receiving disaster or accident reports from district people’s governments and relevant authorities, the municipal people’s government shall provide support and guidance to the district people’s government in organizing emergency response operations for incidents deemed general in nature, and may directly assume command of such operations when necessary. For incidents classified as major disasters or accidents, the municipal people’s government shall immediately implement emergency response measures and promptly report to the higher people’s government.
For a disaster or accident that exceedsits response jurisdictional authority, response capacity, and operational scope, the local people’s government shall take initial response measures while simultaneously requesting the higher people’s government to organize and conduct emergency response operations.
Article 13 If it is deemed necessary, the municipal or district people’s government may designate a designatedemergency command agency at its corresponding level to be responsible for the organization, coordination, and command of emergency response to disasters and accidents.
If multiple disasters and accidents occur concurrently or cause secondary or derivative disasters and accidents, the municipal or district people’s government shall designate a designated emergency command agency or the emergency administrationauthorityat its corresponding level to take the lead in emergency response operation.
Article 14 The people’s government or designated emergency command agency organizing the response to a disaster or accident shall, in accordance with the law, issue decisions, orders, and measures pertaining to the emergency response, taking into account the emergency response level, as well as the nature, characteristics, potential severity, and scope of impact of the disaster or accident.
Article 15 The people’s government or designated emergency command agency organizing the response to a disaster or accident may establish a field headquarter where any of the following circumstances occurs during on-site emergency operations:
(1) Causing significant social impact or potential escalation.
(2) Having complex field conditions or operational difficulties.
(3) Prolonged response operations are projected.
(4) Involving multiple departments and requiring on-site coordinated operations and unified command.
(5) Other circumstances stipulated by laws and regulations.
If the people’s government or designated emergency command agency coordinating the emergency response determines that it is not suitable to set up a field headquarter at the site of the disaster or accident, a field centermay be established at its operational facilities to undertake the responsibilities of a field headquarter. In scenarios involving multiple incident sites, a unified field centermay be established.
Article 16 The on-site field headquarter or field center shall consist of a commander-in-chief, deputy commanders, and various operational units, operating under the principle of unified command.
The establishment of positions and delineation of responsibilities for the commander-in-chief, deputy commanders, and unit leaders shall be determined in accordance with relevant emergency response plans. The commander-in-chief may adjust deputy commanders and unit leaders, along with their respective duties and authorities, based on operational requirements during emergency response.
Organizations and individuals at the scene of a disaster or accident shall comply with the unified command of the field headquarter or field center.
Article 17 The field headquarter or field center shall perform the following functions and duties:
(1) Implementing the decisions and requirements of the people’s government or designated emergency command agency that organizes the response to disasters and accidents.
(2) Organizing relevant departments to conduct on-site decision-making consultations.
(3) Formulating and implementing field response plans.
(4) Coordinating relevant units and personnel to carry out field operations, command and dispatch on-site response forces.
(5) Identifying hazards based on field conditions, coordinating relevant departments to delineate control areas, taking necessary measures such as physical isolation, organizing and maintaining order on site, and ensuring orderly access and exit for emergency vehicles and personnel.
(6) Coordinating and dispatching various emergency resources for on-site response.
(7) Deciding and approving other significant matters in the field.
Article 18 After initiating emergency response, the people’sgovernment that organizes the response to disasters and accidents shall promptly adjust the emergency response level manner based on the trend and response to disasters and accidents, and report to the higher people’s government and its relevant departments in accordance with relevant information reporting requirements.
Article 19 When an emergency situation occurs at the site of a disaster or accident that directly endangers the lives and safety of emergency response personnel or may cause other serious consequences, the people’s government or designated emergency command agency that organizes the response to disasters and accidents shall immediately take corresponding measures to eliminate potential risks, mitigate or resolve risks, and may make a decision to temporarily suspend on-site emergency response if necessary, and organize emergency response personnel to evacuate or seek refuge nearby. If the emergency situation has been controlled or eliminated, emergency response shallresume promptly.
Article 20 If the threat and harm caused by a disaster or accident have been controlled or eliminated, the people’s government organizing the response to the disaster or accident shall make a decision to end the emergency response, stop the relevant emergency response measures based onoperational needs.
After the risk of disaster and accident is effectively controlled and the on-site response operations are basically completed, with the approval of the people’s government or designated emergency command agency that organizes the response of disaster accidents, the on-site field headquarter or field centermay be dissolved.
Chapter III Emergency Response Measures
Article 21 Emergency response to disasters and accidents shall prioritize personnel safety, minimize casualties, reduce the impact and harm caused by disasters and accidents, and avoid or reduce property losses as much as possible.
The emergency response measures for disasters and accidents shall be commensurate with the nature, degree, and scope of the social harm that disasters and accidents may cause, and be adjusted in a timely manner based on changing circumstances to maximize the protection of the legitimate rights and interests of citizens, legal persons, and other organizations.
Article 22 Emergency administration departments, departments primarily responsible for disaster and accident response, and other entities including public security, health, and fire rescue shall immediately dispatch emergency response forces to the scene. Pursuant to emergency response decisions, orders, measures, and plans, they shall promptly execute measures such as rescuing individuals in distress, evacuating the populace, controlling the scene, eliminating hazardous conditions, and directing traffic.
The publicity and internet information departments shall guide relevant departments in promoting and mobilizing emergency response to disasters and accidents, as well as managing information dissemination.
Article 23 The people’s government or a designated emergency command agency that organizes the response to a disaster or accident may, based on the type, level, developmental trend, and on-site environment of the disaster andaccident, designate core response areas, safety alert areas, peripheral control areas, and emergency channels at and around the site.
The public security organs and their traffic administration departments shall be responsible for maintaining order at and around disaster and accident sites. Except for personnel and vehicles involved in emergency response, other personnel and vehicles shall be prohibited from entering the safety alert zone. Except for emergency rescue personnel, other personnel shall be prohibited from entering the core response area. When necessary, traffic control shall be implemented in the peripheral control areas to ensure smooth emergency access.
Article 24 If there are radioactive, corrosive, pathogenic or other substances present at the scene of disaster or accident, or if the disaster or accident may cause environmental pollution or ecological damage, the people’s government or designated emergency command agency that organizes the response of the disasters and accidents shall conduct real-time monitoring of the hazardous and polluting sources and take timely control and response measures.
Article 25 If public facilities such as transportation, communication, water supply, drainage, power supply, gas supply, medical and health care, broadcasting and television, meteorology, oil transportation are damaged due to disasters or accidents, the people’s government or designated emergency command agency that organizes the response of disasters and accidents shall immediately organize emergency repairs, timely transfer and resettle the affected people, allocate and provide disaster relief materials, ensure the market supply of daily necessities, and meet the basic needs of production and life.
Article 26 The people’s government or designated emergency command agency that organizes the response of disasters and accidents shall conduct dynamic assessments based on factors such as the nature, degree, and scope of social harm that the disaster accident may cause, adjust the scope of control and emergency response measures in a timely manner, and take necessary risk prevention measures to prevent or reduce the occurrence of secondary and derivative events.
Article 27 The people’s government or designated emergency command agency that organizes the response of disasters and accidents shall make full use of the Internet, cloud computing, big data, artificial intelligence and other modern technological means to improve the scientific and technological level of emergency response and enhance the effectiveness of emergency response.
Article 28 When an emergency situation occurs at the scene of a disaster or accident, emergency response personnel may adjust and take necessary preventive and protective measures according to changes in the on-site situation, and promptly report to the people’s government or designated emergency command agency that organizes the response of disaster accidents.
Article 29 The people’s government or designated emergency command agency that organizes the response of disasters and accidents shall establish and improve a rapid response mechanism for disaster and accident news reporting, and timely and accurately release information on the on-site situation of the disaster and accident, the progress of emergency response, and public prevention measures.
News media and websites shall timely, objectively, truthfully, and accurately disseminate information about disasters, accidents, or emergency response work.
Article 30 Any unit or individual shall not fabricate or disseminate false information about disasters, accidents, or emergency response work.
The people’s government or designated emergency command agency that organizes the response of disaster accidents shall establish a mechanism for monitoring, collecting, and analyzing public opinions. If false or incomplete information related to disaster accidents or emergency response work is discovered, which may affect social stability and disrupt social management order, accurate information shall be promptly released within the scope of responsibilities, and other necessary measures shall be taken in accordance with the law to eliminate the impact in a timely manner.
Chapter IV Emergency Response Guarantee
Article 31The Municipality shall establish and improve an emergency response plan system in accordance with the national and Guangdong Provincial emergency response plan administration regulations.
The municipal and district people’s governments shall be responsible for coordinating the development of emergency plans at their respective levels, the emergency administration department shall organize the preparation of overall emergency plans, and relevant departments prepare designated emergency plans based on their job responsibilities and develop their own emergency plans.Subdistrict offices, residents' committees, relevant enterprises, institutions, and other organizations shall formulate emergency plans in accordance with regulations.
Emergency plans shall be issued and implemented in accordance with regulations.
Article 32 According to the types and levels of emergency plans, the units that formulate emergency plans shall regularly organize emergency drills. Emergency administration departments and other relevant departments shall supervise and guide emergency drills organized by units in areas prone to natural disasters, high-risk production and operation units, urban important infrastructure operation and management units, and personnel intensive place operation and management units in accordance with their responsibilities.
Article 33 The municipal and district people’s governments shall establish and improve an emergency rescue force system composed of national comprehensive fire rescue teams, professional emergency rescue teams, grassroots emergency rescue teams, as well as social emergency forces such as emergency rescue service volunteer organizations and emergency volunteers.
The departmentsthat are responsible for responding to relevant disasters and accidents shall establish a professional emergency rescue team in accordance with its emergency response responsibilities. Subdistrict offices and residents' committees with conditions may establish grassroots emergency rescue teams. The emergency administration department shall strengthen the overall administration and guidance coordination of professional emergency rescue teams, grassroots emergency rescue teams, and social emergency forces.
The municipal and district people’s governments shall support and guide the development of social emergency forces, providing material equipment, skill training and other service guarantees for their timely and orderly participation in disaster and accident emergency response.
The municipal and district people’s governments shall promote joint training and drills for various emergency rescue forces to improve their collaborative emergency response and joint response capabilities.
Article 34 The municipal and district people’s governments shall guarantee emergency response funds in accordance with regulations, establish a mechanism for rapid disbursement of funds, and timely allocate, distribute, and use emergency response funds according to the needs of the emergency response work of disasters and accidents.
Article 35 The municipal people’s government shall, based on the characteristics of possible disasters and accidents within its administrative area and the needs of emergency response, improve the emergency equipment and emergency material support system, establish a unified information platform, and enhance the information management level of emergency equipment and emergency materials.
Relevant units shall reserve necessary emergency supplies and equip necessary emergency equipment as required.
Article 36 The people’s government or designated emergency command agency that organizes the response of disaster accidents shall provide necessary protective materials and equipment for emergency response personnel. If there are radioactive, corrosive, pathogenic and other substances present at the response site that may harm the health of emergency response personnel, physical examination shall be organized after the response.
Article 37 The people’s government or designated emergency command agency that organizes the response of disaster accidents shall promptly treat injured or sick emergency response personnel, assess the psychological state of emergency response personnel, and carry out psychological intervention if necessary.
The municipal and district people’s governments shall implement work-related injury benefits, pensions, or other security policies for personnel injured or killed in emergency response work in accordance with the law.
Article 38 The municipal people’s government shall strengthen the construction of comprehensive emergency command platforms and various professional emergency command platforms, establish and improve information technology support system covering the entire process of emergency response work, and enhance the command decision-making and rescue practical capabilities of emergency response work.
Article 39 Relevant units shall provide transportation, medical rescue, communication networks, water and electricity supply, order maintenance, and basic information and data support for emergency response to disasters and accidents within their respective responsibilities.
Chapter Ⅴ Legal Liability
Article 40 If the municipal or district people’s governments and their relevant departments violate the provisions of these Regulations by failing to perform or improperly performing their emergency response work responsibilities, the competent administrative authorities shall order them to make corrections. The responsible leader and directly responsible personnel shall be punished in accordance with the law by the relevant authorities after comprehensive consideration of the causes, consequences, response situation, and the fault of the perpetrator of the disaster or accident.
Article 41 If a unit or individual violates the provisions of these Regulations, fails to cooperate or obstructs emergency response work, it shall be ordered to make corrections. Those who cause serious consequences shall be subject to administrative penalties in accordance with the law. Those who cause the expansion of harm and cause personal, property or other damages to others shall bear civil liability in accordance with the law. Those who commit crimes shall be held criminally responsible in accordance with the law.
Article 42For other acts that violate these Regulations and legal responsibilities have been stipulated by laws and regulations, they shall be dealt with in accordance with the provisions of laws and regulations.
Chapter VI Supplementary Provisions
Article 43 TheseRegulations shall come into force on March 1, 2025.
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