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No. 303 Measures of Wuhan City for the Administration of Emergency Response Projects
The Measures of Wuhan City for the Administration of Emergency Response Projects, adopted upon deliberation at the 136th executive meeting of the Wuhan Municipal People’s Government on November 9, 2020, are hereby promulgated for implementation as of February 1, 2021.
Zhou Xianwang, Mayor
November 30, 2020
Measures of Wuhan City for the Administration of Emergency Response Projects
Article 1 In order to strengthen the administration of emergency response projects, the Measures are formulated in accordance with the Emergency Response Law of the People’s Republic of China, the Law of the People’s Republic of China on Bid Invitation and Bidding, the Regulations on Government Investment and other relevant laws and regulations, and in light of the actual conditions of Wuhan City.
Article 2 The Measures apply to the determination, construction, supervision and administration of emergency response projects that use, in whole or in part, public funds in the administrative regions of Wuhan City.
Article 3 For the purpose of the Measures, “emergency response projects” refer to the emergency rescue and relief projects that require immediate implementation of emergency response measures (including supporting projects such as informatization construction). Emergencies refer to natural disasters, accidents, public health events and social security incidents, among others, that occur within the administrative regions of Wuhan City and that have caused or may cause serious harm, and include:
1. Emergency treatment and reinforcement and renovation of dikes, reservoirs, gate stations, pipe channels, rivers, lakes and other water conservancy projects, and public water facilities;
2. Emergency treatment of geological disasters such as mountain collapse, landslide, debris flow and ground subsidence;
3. Emergency repair and disposal of buildings, structures, roads, bridges, ports, tunnels, rail transit and other transportation facilities, as well as municipal and environmental sanitation and public safety and other facilities;
4. Public health facility projects such as emergency treatment sites, centralized quarantine sites, inspection and testing sites, drug R&D and production sites, and emergency medical waste disposal facilities;
5. Ecological environmental emergency treatment and restoration projects to prevent the leakage and diffusion of pollutants, toxic and harmful substances, nuclear and chemical substances, etc., as well as the deterioration of the water environment, pollution of drinking water sources, etc.;
6. Emergency rescue and relief of fire, explosion, poisoning or other hazards caused by flammable, explosive, toxic or harmful chemicals;
7. Emergency rescue and relief of frost and snow disasters, forest fires, etc.; and
8. Other emergency response projects specified by the relevant laws and regulations.
Article 4 Under any of the following circumstances, the project shall not be determined as an emergency response project:
1. The hazard is predictable and the project can be incorporated into the plan or subject to annual management;
2. The bidding and tendering of construction can be completed before the occurrence of serious foreseeable serious hazards; and
3. The threat or harm of the emergency has been effectively controlled or eliminated.
Article 5 The administration of emergency response projects shall follow the principles of unified leadership, classified management, hierarchical responsibility, efficiency, openness and transparency.
Article 6 The Wuhan Municipal People’s Government and people’s governments at the district level (including the administration committees of development zones and scenic areas, hereinafter “people’s governments at the district level”) shall strengthen the leadership in the administration of emergency response projects, strictly enforce the examination and approval procedures, and organize the implementation in accordance with the law.
Relevant departments at the municipal and district levels shall undertake responsibilities for the supervision and administration of emergency response projects in accordance with their respective responsibilities.
The finance and audit departments at the municipal and district levels are responsible for regulating the funds and supervising the auditing of emergency response projects.
Article 7 Emergency response projects shall be determined by the emergency rescue and disaster relief headquarters or the Wuhan Municipal People’s Government or the people’s government at the district level according to the following division of labor:
1. If there is the emergency rescue and disaster relief headquarters, the emergency response project shall be determined by the same; and
2. If there is no emergency rescue and disaster relief headquarters, the emergency response project shall be determined by the people’s government at the district level of the place where the project is located, or by the municipal people’s government in the case of a cross-regional project.
Article 8 The procedures for an emergency response project shall be determined by the identified main body of the project in light of the project type and according to the following:
1. If the emergency has caused serious harm, and immediate measures must be taken, the identified main body of the project shall take the lead in convening a joint meeting, and the procedures of the emergency response project shall be determined after deliberation and adoption at the meeting.
2. For an emergency that may cause serious harm or have major potential risks if emergency measures are not taken, the relevant functional departments shall hire professionals in the relevant industry to form an assessment committee to assess the potential risks and submit the assessment results to the joint meeting convened by the identified main body of the project, and the procedures of the emergency response project shall be determined after deliberation and adoption at the meeting.
The work departments of the Wuhan Municipal People’s Government and people’s governments at the district level shall attend the joint meeting, and the identified main body of the project shall notify the attendees of the joint meeting to participate in the deliberations according to the actual situation of the project. Professionals in the relevant industry can be invited to the joint meeting hosted by the identified main body of the project to provide decision-making consultation and business guidance.
Article 9 Emergency projects shall not be divided into parts for separate implementation or combined with non-emergency response projects for implementation. Two or more emergency response projects shall not be combined for implementation in principle; if combined implementation is needed, approval shall be obtained from the identified main bodies of the projects.
Article 10 The identified main body of the project can determine the construction organization of an emergency project, and the construction organization can be selected among the competent departments of the industry.
Article 11 Competent departments of various industries shall have information about the situation of inspection and appraisal, survey, design, supervision, construction and other teams for emergency response projects within the scope of the industries, including the number, qualifications and levels of the teams.
Competent departments of various industries may hire, according to their work needs, professionals who possess a relatively high theoretical level, technical ability and extensive practical experience in their own industries.
Article 12 Contractors of emergency response projects can be determined without bidding in accordance with the relevant provisions of the state. The determination of the construction organization and contractor shall be announced through the media or government websites.
Construction organizations and contractors shall carry out various construction activities in strict accordance with laws, regulations, and national and provincial industry standards to ensure timely and efficient completion of emergency response projects.
Article 13 Where the emergency projects determined in accordance with the Measures need to go through various examination and approval procedures according to the law, the relevant departments of the Wuhan Municipal People’s Government and people’s governments at the district level shall simplify various examination and approval procedures within the scope of their functions and powers.
Where failure to immediately implement of an emergency response project will seriously endanger public interests or the safety of people’s lives and property, the implementation of the emergency response project can be immediately organized after receiving the approval of the identified main body of the project, and the relevant procedures shall be completed within six months before the completion acceptance is made or within six months after the threats and hazards of the emergency are controlled or eliminated.
Article 14 Before the implementation of an emergency response project, the construction organization shall sign a contract with the contractor. If the contract is not signed due to the emergency, it shall be signed within 15 working days from the date of the project implementation to specify the contractor, project cost or pricing method, acceptance criteria, construction period, quality and safety assurance responsibilities, etc.
Before the implementation of the emergency response project, the construction organization shall formulate a special safe construction plan and implement safety management measures to ensure safe construction.
When the emergency response project is underway, relevant departments shall provide the construction organization with guarantee of the material supply, transportation and on-site order maintenance so as to ensure the smooth progress of the project.
Article 15 The identified main body of the project shall strengthen the whole-process regulation of emergency response project. The construction organization of the emergency response project shall effectively undertake the daily management of project construction to ensure the quality of the project. All parties involved in the construction of the emergency response project shall be responsible for the quality and safety of the project in accordance with the law.
Article 16 After the completion of an emergency response project, the construction organization shall organize the inspection and acceptance in a timely manner, and handle the final financial accounts for completion in accordance with the provisions.
Temporary buildings and other facilities that do not need to be reserved after the threats and hazards of the emergency are controlled or eliminated shall, upon approval by the identified main body of the project, be demolished, organized by the construction organization after the project audit is completed.
Article 17 The financial expenditure required for emergency response projects shall be borne at different levels according to the current principles for the division of authority of office and expenditure responsibilities, and subject to centralized payment by the State Treasury. The construction funds of emergency response projects shall be appropriated in a timely manner according to project progress or as agreed in the contract, and part of the advance payment may be appropriated, if necessary, to ensure the funds needed for construction.
The total investment of a project includes all necessary expenditure, including the costs of inspection and appraisal, engineering consultation, survey, design, costing, supervision, construction and emergency rescue measures.
For an emergency response project triggered by a liability accident, the project funds shall be borne by the entity or individual liable for the accident. If the construction organization advances with financial funds, it shall recover such funds from the entity or individual liable for the accident in accordance with the law.
Article 18 Construction organizations shall perform the obligation of project quality warranty, and shall be liable for compensation for losses caused by quality problems occurring within the specified warranty scope and warranty period.
Article 19 Where the Wuhan Municipal People’s Government, people’s governments at the district level or relevant departments and their functionaries fail to perform their duties according to the Measures, neglect their duties, engage in any malpractices for personal gain or abuse their powers in the determination and implementation of emergency response projects, their liability shall be investigated in accordance with the law.
Article 20 People’s governments at the district level and competent departments of industries at the municipal level may formulate specific implementation advice in accordance with the Measures and in combination with their actual work.
Article 21 Where laws and regulations have separate provisions on the administration of emergency response projects, such provisions shall prevail.
Article 22 The Measures shall come into force as of February 1, 2021.
Sent to: People’s governments at district level and departments of the Wuhan Municipal People’s Government.
Hubei Provincial Department of Justice.
Wuhan Municipal Commission for Discipline Inspection, Wuhan Municipal Commission for Supervision, General Office of the Wuhan Municipal Party Committee, Wuhan Municipal Garrison Command, people’s organizations and democratic parties.
General Office of the Standing Committee of the Wuhan Municipal People’s Congress, General Office of the CPPCC Wuhan Committee, Wuhan Municipal Court and Wuhan Municipal Procuratorate.
News agencies and enterprises and public institutions affiliated to ministries in Wuhan City.