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Flood Control Law of the People's Republic of China
Date:2014-12-03    Source:english.agri.gov.cn

(Adopted at the 27th Meeting of the Standing Committee of the Eighth National People's Congress on August 29, 1997, promulgated by Order No. 88 of the President of the People's Republic of China on August 29, 1997)

Contents

Chapter I   General Provisions

Chapter II Plans for Flood Control

Chapter III Control and Protection

Chapter IV Management of Flood Control Zones and of Projects and Facilities for Flood Control

Chapter V   Flood Control and Flood Fighting

Chapter VI Ensuring Measures

Chapter VII Legal Liability

Chapter VIII Supplementary Provisions

Chapter I

General Provisions

Article 1 This Law is enacted for the purpose of controlling floods, guarding against and mitigating damage done by floods and water-logging, preserving the safety of people's lives and property, and ensuring the socialist modernization drive.

Article 2 In flood control the principles of comprehensive planning, overall consideration, prevention first, all-purpose harnessing, and the interests of the part being subordinate to the interests of the whole shall be followed.

Article 3 The construction of projects and facilities for flood control shall be incorporated into the national economic and social development plans.

The funds for flood control shall be raised in accordance with the principle of combining government investment with rational contributions by beneficiaries.

Article 4 Water resources shall be developed, utilized and protected in conformity with the overall arrangement for flood control and in adherence to the principle of deriving benefits being combined with eliminating damage.

Rivers and lakes shall be harnessed and projects and facilities for flood control shall be built in conformity with the comprehensive plans for river basins and in combination with the all-purpose development of the water resources in the river basins.

For the purposes of this Law, comprehensive plans mean the comprehensive plans for the development and utilization of water resources and for controlling floods.

Article 5 Flood control shall be carried out under unified planning and implementation at different levels on the basis of river basins or administrative regions and under a system whereby the management of river basins shall be combined with the management of administrative regions.

Article 6 Every unit and individual has the obligation to protect the projects and facilities for flood control and join, in accordance with law, in efforts to control and fight floods.

Article 7 The people's governments at various levels shall strengthen the unified leadership over flood control, organize relevant departments and units, mobilize the general public, rely on the achievements in science and technology, harness rivers and lakes in a planned way, adopt measures to reinforce the projects and facilities for flood control, consolidate and increase the flood control capacity.

The people's governments at various levels shall organize relevant departments and units and mobilize the general public to achieve successes in flood control and flood fighting and to make good arrangement for rehabilitation and relief after flood and water-logging disaster.

The people's governments at various levels shall give support and help to the flood storage and detention basins, giving them compensation or relief in accordance with the regulations of the State, after flood storage and detention.

Article 8 Under the direction of the State Council, the water administration department under the State Council shall be in charge of the day-to-day work in the way of organizing and coordinating efforts for exercising supervision over and giving guidance to flood control throughout the country. The river basin authorities set up for the major rivers and lakes, designated as such by the State, by the water administration department under the State Council shall, within the areas under their jurisdiction, exercise the functions and duties of coordinating the efforts for, exercising supervision over and administration of, flood control as provided for by laws and administrative rules and regulations and authorized by water administration department under the State Council.

The construction administration department under the State Council and other departments concerned shall, under the direction of the State Council, be in charge of the relevant work for flood control in conformity with their respective functions and duties.

The water administration departments of the local people's governments at or above the county level shall be in charge of the day-to-day work in the way of organizing and coordinating efforts for exercising supervision over and giving guidance to flood control within their administrative regions. The construction administration departments of the local people's governments at or above the county level and other departments concerned shall, under the direction of the people's governments at the corresponding levels, be in charge of the relevant work for flood control in conformity with their respective functions and duties.

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