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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/05/21 21:54
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Chapter Law Content

Chapter Two: Disaster Organization
Article 6
(Missions of Central Disaster Prevention and Protection Council)
The Executive Yuan established the Central Disaster Prevention and Protection Council in charge of the following missions:
1. To define the basic disaster prevention and protection guidelines;
2. To authorize Disaster Prevention and Protection Basic Plan and the disaster prevention and protection operation plans of the central regulating authorities;
3. To authorize important disaster prevention and protection policies and countermeasures;
4. To authorize emergency response and countermeasures in case of nationwide disaster;
5. To supervise, evaluate the performance of disaster prevention and protection of the central administration, municipal, and county (city) governments;
6. To supervise, promote post-disaster restoration and reconstruction measures;
7. Designate other disaster prevention and protection agencies that are not specified in the Act or other regulations; and the central regulating authorities thereof.
8. To carry out any other items as regulated by the law or regulations.
Article 7
There shall be one each of a convener and a deputy convener to be respectively chaired by the Premier and the Vice Premier of the Executive Yuan; and the secretary general and several commissioners to be assigned or employed on part-time basis from the incumbent ministers without portfolio, governors of related agencies, disaster prevention and protection experts and scholars by the Premier of the Executive Yuan for the Central Disaster Prevention and Protection Council.
To carry out the disaster prevention and protection policy authorized by the Central Disaster Prevention and Protection Council and to promote major disaster prevention and protection duties and actions, the Vice Premier of the Executive Yuan shall also chair the Central Disaster Prevention and Protection Commission, and the Executive Yuan established the office of disaster management, allocated with full-time staffs organized in different divisions to deal with related business.
The Disaster Prevention and Protection Expert Consultation Committee and National Science and Technology Center shall provide the Central Disaster Prevention and Protection Council and the Central Disaster Prevention and Protection Commission for disaster prevention and protection works of disaster prevention and protection consultation, facilitate research, development and implementation of disaster prevention and protection technology, and fortifying disaster prevention and protection policies and measurements.
To integrate and facilitate implementation of disaster prevention and protection, the Central Disaster Prevention and Protection Commission shall establish the National Rescue Command Center to command, supervise and coordinate personnel of functional authorities among related government agencies to carry out disaster rescue missions.
Article 8
(Missions of Municipal, County (City) Disaster Prevention and Protection Council)
The municipal, county (city) governments establish the municipal, and county (city) disaster prevention and protection councils in charge of the following missions:
1. To authorize the regional disaster prevention and protection plan of the municipality, or county (city);
2. To authorize essential disaster prevention and protection policy and countermeasures;
3. To authorize emergency response and countermeasures in case of disaster within its jurisdiction;
4. To supervise and evaluate related items of disaster prevention and protection within its jurisdiction;
5. Promote post-disaster restoration and reconstruction measures; and
6. To carry out any other items as regulated by the law or regulations.
Article 9
(Organization of the Municipal, and County (City) Disaster Prevention and Protection Councils)
There shall be one convener and one or two deputy conveners to be respectively chaired by the administrator and deputy administrator of municipal, county (city) government; and several commissioners to be assigned or employed on part-time basis from the military representatives, governors of related agencies and divisions, disaster prevention and protection experts and scholars by the municipal, county (city) mayor for the municipal, or county (city) disaster prevention and protection council.
The municipal, or county (city) office of disaster management shall deal with the affairs of the municipal, or county (city) disaster prevention and protection council.
The disaster prevention and protection experts consultation committee of the municipal, or county (city) government shall provide consultation for disaster prevention and protection works.
Article 10
(Missions of Township (City) Disaster Prevention and Protection Council)
The township (city) and indigenous districts offices establish the township (city) and indigenous districts disaster prevention and protection councils in charge of the following missions:
1. To authorize the regional disaster prevention and protection plan developed for the township (city) and indigenous districts;
2. To authorize essential disaster prevention and protection policy and countermeasures;
3. To promote and command refugee accommodation and settlement, organizing, reporting and evaluation of disaster situations, post-disaster restoration and reconstruction, execution of emergency response measures, removal of barriers in the site of disaster, and implementation of disaster rescue countermeasures;
4. To promote community and tribal disaster prevention and protection affairs; and
5. To carry out any other items as regulated by the law or regulations.
Article 11
(Organization of Township (City) Disaster Prevention and Protection Councils)
There shall be one each of a convener and a deputy convener for the township (city) and indigenous districts disaster prevention and protection council. The chief of the township (city) and indigenous districts shall be the convener; the chief secretary or secretary of the township (city) and indigenous districts offices shall be the deputy convener; and several representatives from divisions designated in the regional disaster prevention and protection plan shall be assigned or employed as the commissioners on part-time basis.
The township (city) and indigenous districts offices of disaster management shall deal with the affairs of the township (city) and indigenous districts disaster prevention and protection council.
Article 12
(Establishment of Local Disaster Response Center)
In case of disaster takes place or the risk of a disaster presents, the municipal and county (city) government, or chief of township (city) and indigenous districts office shall establish and direct a disaster response center; and, depending on the severity of the disaster, establish a forward command post to handle disaster protection and administrative support affairs nearby.
The establishment timing, procedure and grouping of above-mentioned disaster response center or forward command post shall be enacted by the municipal, county (city) governments or township (city) and indigenous districts offices.
Article 13
(Establishment of Central Disaster Response Center)
In case of a major disaster or risk of such major disaster presents, the minister of the central regulating authorities of disaster prevention and protection shall decide to establish Central Emergency Operation Center based on the severity, nature, conditions and influential factors, shall immediately report to the convener of Central Disasters Prevention and Protection Council and shall have the convener appoint a Central commander.
The aforesaid Central Emergency Operation Center may, based on the severity or the need to contact, establish the disaster response center or forward command post in an appropriate place to integrate disaster protection resources and assist local governments to implement disaster protection related affairs.
Article 14
(Establishment of Emergency Response Teams)
To handle disaster prevention and protection affairs or coordinate with the disaster response center of each tier in executing disaster response countermeasures in case of a disaster or risk of disaster presents, any agency, division or public enterprises designated in the disaster prevention and protection operation plan and regional disaster prevention and protection plan shall establish emergency response teams to execute all the response measures.
Article 15
(Joint Operation of Disaster Prevention and Protection Councils & Civil Defense Mobilization and Preparation System)
Governments at all tiers shall joint the civil defense and all-out defense mobilization readiness system and related public and private schools, hospitals designated to take charge of emergency medical treatment, groups, enterprises, businesses and limited partnerships in implementing affairs related to disaster prevention and protection. The implementation rules thereof shall be formulated by the Ministry of the Interior together with related government agencies.
Article 16
(Establishment of Search & Rescue Organization)
Special search and rescue teams and the training centers of National Fire Agency, Ministry of the Interior; and search and rescue teams and training centers of municipal or county (city) government shall handle major disaster rescue, response and other related training affairs.
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