Forest Fire Protection Ordinance No. 541

People's Republic of China State Council

The "Forest Fire Prevention Regulations" has been revised and adopted at the 36th executive meeting of the State Council on November 19, 2008. The revised "Regulations on Forest Fire Prevention" is now promulgated and will come into effect on January 1, 2009.

December 1, 2008

Forest Fire Prevention Ordinance

(Adopted at the 36th executive meeting of the State Council on November 19, 1988, issued by the State Council on January 16, 1988)

Chapter 1 General Provisions

Article 1 These Regulations are formulated in accordance with the "Forest Law of the People's Republic of China" in order to effectively prevent and extinguish forest fires, ensure the safety of people's lives and property, protect forest resources, and preserve ecological security.

Article 2 These Regulations apply to the prevention and suppression of forest fires in the People's Republic of China. However, except for urban areas.

Article 3 The forest fire prevention work is based on the principle of prevention and active elimination.

Article 4 The national forest fire prevention command organization is responsible for organizing, coordinating and guiding the national forest fire prevention work.

The competent forestry authorities of the State Council are responsible for the supervision and management of forest fire prevention throughout the country and undertake the daily work of the national forest fire prevention command institution.

Other relevant departments of the State Council shall, in accordance with their responsibilities, be responsible for the relevant forest fire prevention work.

Article 5 The forest fire prevention work shall be carried out by the executive heads of local people's governments at all levels.

The forest fire prevention command organization set up by the local people's government at or above the county level according to actual needs shall be responsible for organizing, coordinating and directing the forest fire prevention work in the administrative area.

The competent forestry authorities of the local people's governments at or above the county level shall be responsible for the supervision and management of forest fire prevention in their respective administrative areas, and undertake the daily work of the forest fire prevention command institutions of the people's governments at the corresponding level.

Other relevant departments of local people's governments at or above the county level shall be responsible for the relevant forest fire prevention work in accordance with the division of responsibilities.

Article 6 The business units and individuals of forests, trees, and forest lands shall assume responsibility for forest fire prevention within their business scope.

Article 7 Where forest fire prevention involves two or more administrative regions, the local people's government concerned shall establish a forest fire prevention and defense mechanism, determine joint defense areas, establish a joint defense system, implement information sharing, and strengthen supervision and inspection.

Article 8 The people's government at or above the county level shall incorporate the construction of forest fire prevention infrastructure into the national economic and social development plan, and include the forest fire prevention funds into its budget.

Article 9 The state supports scientific research on forest fire prevention, promotes and applies advanced science and technology, and raises the level of forest fire protection technology.

Article 10 People's governments at all levels and relevant departments shall organize regular forest fire prevention publicity activities to popularize forest fire prevention knowledge and do a good job of forest fire prevention.

Article 11 The State encourages the transfer of risks of forest fires through insurance forms, and enhances the ability of disaster prevention and reduction of forestry and self-help after disasters.

Article 12 Units and individuals that have made outstanding achievements in forest fire prevention work shall be commended and rewarded in accordance with the relevant regulations of the State.

Units and individuals that have performed outstandingly in the fight against major and particularly large-scale forest fires may be commended and rewarded by the forest fire prevention command organization on the spot.

Chapter II Prevention of Forest Fires

Article 13 The competent forestry authorities of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, in accordance with the forest fire hazard grading standards formulated by the forestry authorities of the State Council, determine the forest fire hazard zoning grades of the administrative region in units of counties, announce them to the public, and report to the State Council on forestry. The competent department records.

Article 14 The competent forestry authorities under the State Council shall formulate a nationwide forest fire prevention plan based on the national forest fire hazard zoning level and actual work requirements, and submit it to the State Council or a department authorized by the State Council for approval and implementation.

The competent forestry authorities of the local people's governments at or above the county level shall, in accordance with the national forest fire prevention plan, formulate the forest fire prevention plan for the administrative region in accordance with the local actual conditions, and report it to the people's government at the same level for approval and implementation.

Article 15 The relevant departments of the State Council and local people's governments at or above the county level shall, in accordance with the forest fire prevention plan, strengthen the construction of forest fire prevention infrastructure, reserve necessary forest fire prevention materials, and integrate and improve the forest fire prevention command information system according to actual needs.

The State Council and the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government shall make full use of satellite remote sensing technology and existing military and civil aviation infrastructure, establish related mechanisms for afforestation protection by participating units, improve aviation forest protection infrastructure, and protect aviation forest protection, in accordance with the actual needs of forest fire prevention. Required funds.

Article 16 The competent forestry authorities under the State Council shall, in accordance with the relevant provisions, formulate emergency preplans for the state's major and particularly significant forest fires and submit them to the State Council for approval.

The competent forestry authorities of local people's governments at or above the county level shall, in accordance with relevant regulations, formulate emergency plans for forest fires, report them to the people's government at the same level for approval, and report them to the competent forestry authorities of the people's government at the next higher level for the record.

The county-level people's government shall organize the township (town) people's government to formulate emergency measures for forest fires in accordance with the emergency plan for forest fires; the villagers' committee shall assist in the emergency handling of forest fires in accordance with the forest fire emergency plan and forest fire emergency disposal methods.

The people's government at or above the county level and its relevant departments shall organize and carry out necessary drills for emergency plans for forest fires.

Article 17 Emergency plans for forest fires shall include the following contents:

(1) Forest Fire Emergency Response Organization Command and its responsibilities;

(2) Early warning, monitoring, information reporting and processing of forest fires;

(3) Emergency response mechanisms and measures for forest fires;

(4) safeguards such as funds, materials and technology;

(E) Post-disaster disposal.

Article 18 Where an industrial and mining enterprise, a tourist area, or a newly-established development zone is established according to law in the forest area, its forest fire prevention facilities shall be synchronously planned, synchronized with the construction project, synchronously constructed, and synchronously checked and accepted; if a forest is planted in the forest area, At the same time, supporting forest fire prevention facilities should be established.

Article 19 The business unit of the railway shall be responsible for the fire prevention work of the forest land to which the unit belongs, and cooperate with the local people's government at or above the county level to do a good job of the fire prevention work in the forest fire dangerous section along the railway.

Responsible units for forest fire prevention of electric power, telecommunication lines and oil and gas pipelines shall set up fire protection barriers in dangerous areas of forest fires and organize personnel to conduct patrols.

Article 20 The operating units and individuals of forests, forests, and woodlands shall, in accordance with the regulations of the competent forestry authorities, establish a forest fire responsibility system, delimit the forest fire protection responsibility area, determine the person responsible for forest fire prevention, and provide forest fire prevention facilities and equipment.

Article 21 Local people's governments at all levels and state-owned forestry enterprises and institutions shall establish professional fire fighting teams for forest fires according to actual needs; local people's governments at or above the county level shall guide the forest management units and residents committees and villagers committees of the forest areas. Enterprises and institutions set up firefighting teams for forest fires. Professional and mass fire fighting teams should regularly perform training and drills.

Article 22 Part-time or full-time forest guards equipped with business units of forests, forests, and forest lands are responsible for patrolling forests, managing fires in the field, reporting fires in a timely manner, and assisting agencies in investigating forest fire cases.

Article 23 Local people's governments at or above the county level shall, according to the distribution of forest resources within the administrative area and the law of occurrence of forest fires, delimit a forest fire prevention zone, provide a period for forest fire prevention, and announce it to the public.

During the period of forest fire prevention, the forest fire prevention command institutions of the people's governments at various levels and the operating units and individuals of forests, forests, and forest land shall take corresponding preventive and emergency preparedness measures in accordance with the prediction of forest fire dangers.

Article 24 The forest fire prevention command institutions of the people's governments at or above the county level shall organize relevant departments to inspect the establishment of the forest fire prevention organization, the implementation of the forest fire protection responsibility system, and the construction of forest fire prevention facilities of the relevant units in the forest fire prevention area; For hidden forest fires discovered, the competent forestry authorities of the local people's governments at or above the county level shall promptly issue a notice of rectification of forest fire hidden dangers to relevant units, order them to rectify within a limited time, and eliminate hidden dangers.

The unit being inspected shall actively cooperate and shall not obstruct or interfere with inspection activities.

Article 25 During the period of forest fire prevention, it is prohibited to use fire in the forest fire prevention area. If it is really necessary to use fire in the wild due to special circumstances such as pest control, pests and rats, or freezing injury, it shall be approved by the county-level people's government, fire prevention measures shall be taken in accordance with the requirements, and fires shall be strictly prevented; firefighting exercises, blasting, and other activities shall be carried out in forest fire prevention areas. It shall be subject to the approval of the forestry authorities of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, and shall take necessary fire prevention measures. If the Chinese People's Liberation Army and the Chinese People's Armed Police Force need to enter forest fire prevention areas to handle emergencies and perform other urgent tasks, they shall The higher authorities approve and take the necessary fire prevention measures.

Article 26 Within the period of forest fire prevention, the business units of forests, trees, and forest lands shall set up propaganda signs for forest fire prevention warnings, and conduct propaganda on forest fire prevention safety for personnel entering its business scope.

During the period of forest fire prevention, all types of motor vehicles that enter the forest fire prevention area shall be installed with fire prevention devices and equipped with fire fighting equipment.

Article 27 During the period of forest fire prevention, with the approval of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, the forestry authorities and the management agencies of the key State-owned forest areas determined by the State Council may establish temporary forest fire prevention inspection stations for entering forest fire prevention areas. Vehicles and personnel conduct forest fire inspections.

Article 28 During the period of forest fire prevention, if high-temperature, drought, strong wind, and other high-risk weather conditions are forecasted, the local people's government at or above the county level shall designate a forest high fire risk area and provide a high forest fire risk period. When necessary, the local people's government at or above the county level may issue orders as required, strictly prohibiting the use of fire in all fields; and the use of fire for residents of forests that may cause forest fires shall be strictly managed.

Article 29 If a person enters a forest high fire risk area within the period of high forest fire risk, it shall be approved by the local people's government at or above the county level, strictly in accordance with the time, place and scope of the approval, and accept the competent forestry authorities of the local people's government at or above the county level. Supervision and management.

Article 30 The competent forestry authorities and the competent meteorological department of the people's government at or above the county level shall, according to the needs of forest fire prevention, establish forest fire hazard monitoring and forecasting stations, establish a federation business mechanism, and timely produce and issue forest fire danger warning and forecast information.

The competent meteorological agency shall provide forest fire risk weather forecast services free of charge. Radio, television, newspaper, Internet, and other media shall timely broadcast or publish weather forecast of forest fire insurance.

Chapter 3 Extinguishing Forest Fires

Article 31 Local people's governments at and above the county level shall publish forest fire calls and establish forest fire protection duty systems.

Any unit or individual who discovers a forest fire shall report it immediately. The local people's government or the forest fire prevention commanding agency that receives the report shall immediately send people to the scene to investigate and verify, take appropriate rescue measures, and report to the higher level people's government and the forest fire prevention command institution in accordance with relevant regulations.

Article 32 In the following forest fires, the forest fire prevention command institutions of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall immediately report to the national forest fire prevention commanding agencies. The national forest fire prevention commanding organizations shall report to the State Council in accordance with relevant regulations, and shall promptly notify the relevant State Council departments:

(i) Forest fires near national borders;

(b) Major and particularly significant forest fires;

(3) Forest fires that cause deaths of more than 3 persons or serious injuries of more than 10 persons;

(4) Forest fires that threaten residential areas or important facilities;

(e) Forest fires that have not extinguished open fire for 24 hours;

(6) Forest fires in undeveloped primary forest areas;

(7) Forest fires with high risk at the junction of provinces, autonomous regions and municipalities directly under the Central Government;

(8) Forest fires that require national support for fighting.

The "above" referred to in the first paragraph of this Article includes this number.

Article 33 In the event of a forest fire, the forest fire prevention command organization of the local people's government at or above the county level shall immediately initiate an emergency plan for forest fires in accordance with the regulations; a major and particularly significant forest fire shall occur. The national forest fire prevention command institution shall immediately initiate a major, particularly significant forest. Fire emergency plan.

After the emergency plan for forest fires is started, the relevant forest fire prevention commanding agency shall, on the basis of verifying the exact location, scope of the fire, wind power, wind direction, and fire, determine the rescue plan reasonably according to the weather and geographical conditions of the fire site, divide the rescue area, and determine the rescue responsibilities. People, and designated responsible person to arrive at the scene of the forest fire in a timely manner to specifically command the forest fire.

Article 34 The forest fire prevention command institution shall, in accordance with the emergency plan for forest fires, organize and direct the suppression of forest fires.

To save forest fires, we must adhere to a people-centered, scientific, and timely evacuation and evacuation of fire-threatening people and do a good job of protecting the fire fighting personnel to the greatest extent possible to avoid casualties.

Article 35 The fire-fighting of forest fires shall be based on professional fire fighting teams. Organizing a mass extinguishing team to fight forest fires shall not mobilize persons with disabilities, pregnant women and minors, and other persons who are not suitable to participate in the fight against forest fires.

Article 36 The armed police forest forces are responsible for the execution of the forest fire protection tasks granted by the State. Armed Police Forest Forces shall perform the forest fire suppression mission and shall accept the unified command of the forest fire prevention command organization of the local people's government at or above the county where the fire occurs; and the implementation of the forest fire suppression mission across provinces, autonomous regions and municipalities shall accept the national forest fire prevention command authority. Unified command.

If the Chinese People's Liberation Army performs the task of extinguishing forest fires, it shall be implemented in accordance with the relevant provisions of the "Regulations on the Participation of the Army in Disaster Relief and Relief.

Article 37 In the event of a forest fire, relevant departments shall do a good job of fighting forest fires in accordance with the emergency plan for forest fires and the unified command of the forest fire prevention command organization.

The competent meteorological agency shall provide timely weather forecast and related information in the fire area, and carry out artificial rainfall enhancement operations in accordance with weather conditions.

The competent department of transportation shall give priority to the organization of fire fighting personnel and fire-fighting materials for forest fires.

The competent department of communications shall organize the provision of emergency communications guarantees.

The civil affairs departments shall promptly set up shelter sites and supply points for disaster relief materials, urgently transfer and properly arrange disaster victims, and carry out relief work for the affected people.

Public security organs should maintain public security order and strengthen public security management.

Business, health, and other competent authorities should do a good job in supplying materials, medical aid, and sanitation and epidemic prevention.

Article 38 For the need to save forest fires, the forest fire prevention command institution of the people's government at or above the county level may decide to adopt emergency measures such as setting up fire barriers, removing obstacles, emergency water withdrawal, and partial traffic control.

Where it is necessary to expropriate materials, equipment, and transportation means for extinguishing a forest fire, it shall be decided by the people's government at or above the county level. After the work of extinguishing the fire, the materials, equipment, and means of transportation that were requisitioned shall be promptly returned, and compensation shall be given in accordance with relevant laws and regulations.

Article 39 After a forest fire is extinguished, the fire fighting team shall conduct a comprehensive inspection of the fire scene, clear the remaining fire, and leave sufficient personnel to guard the fire site. After the inspection and acceptance by the forest fire prevention command institution of the local people's government, the fire extinguishment team may withdraw from the guard. personnel.

Chapter IV Disposal after Disasters

Article 40 According to the area of ​​the forest to be affected and the number of casualties, the forest fires are divided into general forest fires, larger forest fires, major forest fires and particularly significant forest fires:

(1) General forest fires: where the area of ​​damaged forest is less than 1 hectare, or where other forests start to catch fire, or if more than one person but less than 3 persons are killed, or where more than one person but less than 10 persons are seriously injured;

(2) Larger forest fires: where the area of ​​damaged forest is between 1 hectare and 100 hectares, or if there are more than 3 dead and 10 or less, or if he or she seriously injured more than 10 but less than 50;

(3) Major forest fires: where the area of ​​forest to be damaged is between 100 hectares and 1,000 hectares, or if more than 10 persons but less than 30 persons are killed, or if more than 50 persons but less than 100 persons are seriously injured;

(4) Specially significant forest fires: where the area of ​​damaged forest exceeds 1,000 hectares, or if more than 30 people die, or if more than 100 people are seriously injured.

The term "above" as used in the first paragraph of this Article includes this number, and "the following" does not include this number.

Article 41 The competent forestry authorities of the people's governments at or above the county level shall, in conjunction with relevant departments, promptly investigate and assess the causes of forest fires, the perpetrators, the area and volume of forests damaged, personnel casualties, and other economic losses, and submit them to the local people's government. The investigation report shall be submitted; the local people's government shall, based on the investigation report, determine the responsible units and persons responsible for forest fires and handle them according to law.

The assessment criteria for forest fire damage shall be formulated by the competent forestry authorities of the State Council in conjunction with relevant departments.

Article 42 The competent forestry authorities of local people's governments at or above the county level shall, in accordance with relevant requirements, conduct statistics on forest fires, report it to the competent forestry authorities of the people's governments at higher levels and the statistical agencies of the people's governments at the same level, and promptly notify the relevant departments of the people's governments at the corresponding levels.

The statistical report on forest fires shall be formulated by the competent forestry authority of the State Council and reported to the National Bureau of Statistics for the record.

Article 43 Forest fire information shall be issued by the forest fire prevention command institution of the people's government at or above the county level or the competent forestry authority to the public. Information on major and particularly significant forest fires is issued by the competent forestry authorities of the State Council.

Article 44: Persons who are injured, maimed or died from fighting forest fires shall be given medical treatment or pensions in accordance with the relevant provisions of the State.

Article 45 The misuse subsidies and living allowances for personnel participating in forest fire fighting and other expenses incurred in fighting a forest fire shall be paid by the fire fighting unit or individual in accordance with the standards set by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government; For those that are clear, they shall be paid by the fire-fighting unit; the fire-fighting units, individuals, or the part where the fire-fighting unit is really unable to pay shall be paid by the local people's government. Subsidies for loss of work and living allowances, as well as other expenses incurred in fighting a forest fire, may be paid by the local people's government in advance.

Article 46 After a forest fire occurs, the business units and individuals of forests, trees, and forest land shall promptly take measures to renew afforestation and restore the forest vegetation on burned areas.

Chapter V Legal Liability

Article 47 In violation of the provisions of these Regulations, local people's governments at or above the county level and their forest fire prevention command agencies, the people's governments at the county level or above, or other relevant departments and their staff have one of the following actions, and their superiors Administrative organs or supervisory organs shall order corrections; where the circumstances are serious, the person directly in charge and other directly responsible personnel shall be given sanctions in accordance with the law; if a crime is constituted, criminal responsibility shall be investigated according to law:

(1) failing to formulate emergency plans for forest fires in accordance with relevant regulations;

(2) It was discovered that hidden forest fire hazards did not promptly issue a notice of rectification of hidden forest fire hazards;

(3) Approving field fires or live ammunition drills, blasting, etc. that do not meet forest fire protection requirements;

(4) to report, misrepresent or deliberately delay the reporting of a forest fire;

(5) failing to take timely fire fighting measures in forest fires;

(6) Other acts that do not perform their duties according to law.

Article 48 In case of violation of the provisions of these Regulations, if the business units or individuals of forests, forests, or woodlands fail to perform the responsibility for forest fire prevention, the competent forestry authorities of the local people's governments at or above the county level shall order them to make corrections and impose a fine of 500 to 5,000 yuan on personal matters. , The unit is fined between 10,000 yuan and 50,000 yuan.

Article 49 If any entity or individual in the forest fire prevention area refuses to accept the inspection of forest fire prevention or the notification of the rectification of the hidden danger of forest fire in violation of the provisions of these Regulations overdue, and the hidden danger of fire is not eliminated, the competent forestry authority of the local people's government at or above the county level shall be responsible. Order corrections, give warnings, impose fines of more than 200 yuan but less than 2,000 yuan on individuals, and impose fines of 5,000 yuan up to 10,000 yuan on units.

Article 50 In violation of the provisions of these Regulations, if the forest fire prevention period is used without authorization within the forest fire prevention area, the competent forestry department of the local people's government at or above the county level shall order the stop of the illegal act, give a warning, and apply the warning to individuals. Fines of more than RMB 3,000 and fines of RMB 10,000 up to RMB 50,000 shall be imposed on units.

Article 51 In violation of the provisions of these Regulations, if no live-action exercises, blasting, etc., are carried out within the forest fire prevention area without approval within the period of forest fire prevention, the competent forestry authority of the local people's government at or above the county level shall order it to stop the illegal act and give a warning. A fine of between 50,000 yuan and 100,000 yuan shall be imposed.

Article 52 Whoever commits one of the following acts in violation of the provisions of these Regulations shall be ordered by the competent forestry authorities of the local people's governments at or above the county level to make corrections, given a warning, and shall be fined not less than 200 yuan but not more than 2,000 yuan for individuals, and shall be concurrently subordinated to the unit. Fines less than RMB 5,000:

(1) During the period of forest fire prevention, the business units of forests, trees, and forest lands have not set up the forest fire warning publicity signs;

(2) In the period of forest fire prevention, the motor vehicles that enter the forest fire prevention area do not install the forest fire protection device;

(3) Within the high fire risk period of forests, unauthorized entry into forest fire hazard areas without authorization is required.

Article 53 Whoever violates the provisions of these Regulations and causes forest fires and constitutes a crime shall be investigated for criminal responsibility according to law; if it does not constitute a crime, except in accordance with Article 48, 49, and 50 of these Regulations, Article 51 and Article 52 of the provisions of the investigation of legal responsibilities, the local people's government at or above the county level forestry authorities can order the responsible person to replant trees.

Chapter VI Supplementary Provisions

Article 54 A special forest firefighting vehicle shall be painted with a logo in accordance with regulations and shall be equipped with alarms and sign lamps.

Article 55. Forest fires occurring in the border areas of the People's Republic of China shall be carried out in accordance with the relevant agreements signed between the government of the People's Republic of China and the governments of the countries concerned; in the absence of an agreement, the governments of the People's Republic of China and the governments of the countries concerned shall consult with each other.

Article 56 This Regulation shall come into force on January 1, 2009.