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

Print Time:2024/05/21 20:53
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Chapter Law Content

Chapter Four: Disaster Prevention
Article 22
(Work Items for Disaster Occurrence Reduction or Expansion Prevention)
To reduce the occurrence or prevent further expansion of disaster, various tiers of governments depending on its functional authorities shall implement following mitigation affairs; and encourage public and private schools, hospitals designated to take charge of emergency medical treatment, groups, enterprises, businesses and limited partnerships to actively organize or assist to organize it:
1. Draft, budget preparation, execution and review of the disaster prevention and protection plans;
2. Education, training and propaganda of disaster prevention and protection;
3. Research and development or application of results of disaster prevention and protection technology;
4. Mountain treatment, flood control and other conservation of homeland;
5. Inspection, reinforcement and maintenance of old building, important public building and disaster prevention and protection facilities and equipment, and improvement of urban disaster prevention and protection mechanism;
6. Observation, collection, analysis and establishment of essential meteorological, geological, hydraulic and other related information required for disaster prevention and protection;
7. Investigation of disaster potentials, hazardous degree, situation simulation and risk analysis, and publication of results as applicable;
8. Signature of mutual support agreement related to disaster prevention and protection among local governments and public enterprises;
9. Promotion, guidance, assistance, and encouragement to prevention and protection group and community voluntary organization of disaster prevention and protection;
10. Plan and promotion of disaster insurance;
11. Disaster prevention and protection supports for the disadvantaged minority;
12. Disaster prevention and protection works in indigenous districts after an incident.
13. Establishment, exchange and international cooperation of disaster prevention and protection information network;
14. Use various public places to promote disaster prevention and protection education for all citizens.
15. Promote community-based disaster prevention and protection works by training local residents or establishing a local volunteer organization.
16. Plan and promote to enhance enterprises' operating and disaster prevention and protection capacities.
17. Any other affairs related to disaster prevention.
Various tiers of governments shall include the mitigation affairs under the preceding paragraph to each prevention and protection plan.
Public enterprises shall depend on its disaster prevention and protection operation plan to implement mitigation affairs.
Pursuant to Item 7 of Para. 1 document to be published, regions, operational procedure and other related items of the disaster potentials, shall be reimbursed with the procedure to be enacted by the central disaster prevention and protection operation regulating authorities and the municipal government, or county (city) governments.
Article 23
(Preparation of Emergency Response Measures)
To effectively execute emergency response measures, various tiers of governments and related public enterprises depending on its functional authorities shall implement the following preparedness affairs:
1. Preparedness of disaster prevention and protection organizations;
2. Training and drill of disaster prevention and protection;
3. Disaster monitoring, forecast, warning announcement and facility reinforcement;
4. Collection, notification of Disaster situation and establishment, maintenance and reinforcement of communication facilities for commanding;
5. Storage and inspection of supplies and facilities for disaster prevention and protection;
6. Preparedness and inspection of facilities and equipments for disaster prevention and protection;
7. Improvement, reinforcement or detachment of barriers to disaster response countermeasures;
8. Coordination in international disaster rescue supports; and
9. Regular investigation, preparedness of public/private disaster protection machines and professional manpower, and establishment of a database. All information shall be provided to the central disaster prevention and protection operation regulating authorities for summarizing.
10. Provide priority to the use of communication media and communication equipment to disseminate emergency-related information.
11. Any other preparation affairs required for emergency response.
Various tiers of governments shall depending on its functional authorities to include the preparedness affairs under the preceding provision to each prevention and protection plan.
Public enterprises shall depend on its disaster prevention and protection operation plan to implement preparedness affairs.
To insure the stream transmission of microwave communication for succeeding the responsive measures of disaster rescue, an efficient wireless transmission distance range shall be enacted and publicized duly by the Ministry of the Interior.
Before the enactment of Enforcement Rules for the Regional Plan Act, if the builder has had new construction or extension construction, a construction shall be obtained from the municipal, or county (city) government, provided one of the following requirements is met:
1. An improvement program has been approved by the Ministry of the Interior.
2. The builder has agreed to allow the Ministry of the Interior to adopt a revised minimum information transmission loss method in which a microwave radio or a satellite digital broadcast transmission is installed on the said building top to achieve stream communication.
The Ministry of the Interior shall compensate the builder a liquidated damages incurred from the improvement program adopted by or the microwave radio or satellite digital broadcast transmission installed on the said building top.
The builder shall obtain the nominal execution for reimbursing the liquidated damages provided an agreement of such liquidated damaged is entered into between the two parties. The procedures, requirements, application deadline and the amount of liquidated damage and other relevant settlement affairs shall be reviewed and approved by the Ministry of the Interior.
Article 24
(Measures of Emergency Refuge)
In a case of a disaster or where there is a concern of a disaster, the municipal government, county (city) governments, or the township (city) and indigenous districts offices shall advise or force people to evacuate and provide proper settlement to protect the safety of people’s lives and properties or prevent further expansion of disaster.
In the scope of necessary response to the disaster, the municipal government, or county (city) governments, township (city) and indigenous districts offices shall advise or force the owner of objects or items that may expand the disaster or interrupt the rescue to except the object or item, and to take applicable actions.
Article 25
(Training and Drill of Disaster Prevention and Protection)
Agencies of governments at all tiers, public enterprises, public and private schools, hospitals designated to take charge of emergency medical treatment, groups, enterprises, businesses, limited partnerships shall implement training and drills of disaster prevention and protection.
Governments at all tiers shall hold disaster prevention and protection education and propagation, whereas public enterprises, public and private schools, hospital designated to take charge of emergency medical treatment, groups and broadcasting media shall assist in promoting the implementation related events and designate personnel to participate the activity together.
Governments at all tiers shall produce disaster protection educational video, propaganda, technical guidelines or other related diverse propagation and teaching materials; and shall broadcast, or publish or promote or post them in public places.
To implement such training and drill of disaster prevention and protection as specified in the Paragraph 1, relevant government agencies, public enterprises and other public and private schools, groups, enterprises, hospitals designated to take charge of emergency medical treatment, groups, enterprises, businesses and limited partnerships selected by governments at all tires are obligatory to participate or provide assistance.
Anyone who participates or assists in the training and drill as specified in Paragraph 1 shall be granted with an official leave by the government agency, public or private school, hospital designated to take charge of emergency medical treatment, group, enterprise, business and limited partnership thereof.
Article 26
(Assignment of Full-time or Part-time Disaster Prevention and Protection Staff)
Various tiers of governments and public enterprises shall assign full-time staff
to execute disaster prevention works; while township (city) and indigenous districts offices could assign part-time staff before assigning full-time staff to execute disaster prevention and protection works.
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