Zhou Xianwang, Mayor

December 25, 2020

Measures of Wuhan City for the Implementation of Requisition and Compensation in Response to Emergencies

Chapter I General Provisions

Article 1 To regulate the implementation of requisition and compensation in response to emergencies, safeguard the public interests, and protect the legitimate rights and interests of citizens, legal persons and other organizations, the Measures are formulated in accordance with the Emergency Response Law of the People’s Republic of China, the Emergency Response Measures of Hubei Province (Order of the Provincial People’s Government No. 367), and other relevant laws and regulations in combination with the actual conditions of Wuhan City.

Article 2 The Measures apply to requisition and compensation in response to emergencies in the administrative regions of Wuhan City.

Article 3 For the purpose of the Measures, requisition in response to emergencies refers to the compulsory use of relevant materials and sites of citizens, legal persons or other organizations by the Wuhan Municipal People’s Government and the people’s governments at the district level (including the administration committees of development zones and the scenic area, hereinafter “people’s governments at the district level”) in response to emergencies in accordance with legal authorities and procedures.

For the purpose of the Measures, compensation for emergency requisition refers to the acts of the Wuhan Municipal People’s Government and people’s governments at the district level of compensating citizens, legal persons, or other organizations in accordance with the law after emergency requisition.

For the purpose of the Measures, compensation recipients refer to citizens, legal persons or other organizations that have the ownership or usufruct of the requisitioned materials and sites.

Article 4 The objects of emergency requisition include sites, facilities, equipment, means of transport, and other materials urgently needed in response to emergencies (hereinafter referred to as “requisitioned materials and sites”).

Article 5 Emergency requisition and compensation shall follow the principles of overall planning in advance, rational requisition, efficiency priority, and compensation according to the law.

Article 6 The Wuhan Municipal People’s Government is responsible for the work of emergency requisition and compensation in the whole city, and people’s governments at the district level are responsible for the work of emergency requisition and compensation within their jurisdictions.

Article 7 The compensation funds for emergency requisition shall be raised through multiple channels and arranged by the Wuhan Municipal People’s Government and people’s governments at the district level in accordance with the principles of hierarchical management and responsibilities. Compensation funds shall be borne by the municipal finance if the matter belongs to the authority of office at the municipal level or by the district finance if the matter belongs to the authority of office at the district level.

Article 8 People’s governments at the district level shall not implement emergency requisition across jurisdictions. When emergency materials and sites within their jurisdictions cannot meet the emergency response needs, people’s governments at the district level may apply to the Wuhan Municipal People’s Government, which will coordinate and organize the requisition.

Article 9 The competent administrative departments at the municipal and district levels shall properly investigate and register the materials and sites required for responding to emergencies within the scope of their responsibilities, establish a preparatory catalog for emergency requisition, inform the ownership entities or individuals, and formulate corresponding emergency requisition plans at the same time.

The materials and sites listed in the preparatory catalog of emergency requisition shall be in the usual applicable state. The competent administrative departments at the municipal and district levels shall understand the use and ownership status of the materials and sites listed in the preparatory catalog and update the catalog in a timely manner.

Article 10 Citizens, legal persons, or other organizations shall obey the emergency requisition decisions made by the requisition departments, perform the obligations stipulated in the emergency requisition decisions, and cooperate with the requisition implementation departments to take emergency requisition measures.

Article 11 Citizens, legal persons, or other organizations that have made outstanding contributions to emergency requisition shall be rewarded by the Wuhan Municipal People’s Government and people’s governments at the district level in accordance with relevant regulations of the State and Hubei Province.

Chapter II Implementation of Requisition

Article 12 After the occurrence of an emergency, if the emergency response needs cannot be met after the adoption of measures such as mobilization of existing reserve resources and emergency procurement, the Wuhan Municipal People’s Government and people’s governments at the district level may take emergency requisition measures.

Emergency requisition measures shall be in accordance with the nature, degree, and scope of social harm that may be caused by emergencies. Where there are various measures to choose from, the measures conducive to the maximum protection of the rights and interests of citizens, legal persons, and other organizations shall be selected.

Article 13 Where an emergency requisition is necessary, the Wuhan Municipal People’s Government or the people’s government at the district level, which performs unified leadership responsibilities or organizes the handling of emergencies, shall make an emergency requisition decision.

The requisition implementation department shall be determined by the Wuhan Municipal People’s Government or the people’s government at the district level in accordance with the following provisions, or separately according to specific conditions:

1. The requisition of grain shall be implemented by the development and reform department;

2. The requisition of energy shall be implemented by the development and reform department, the economic and information department or the commerce department;

3. The requisition of medicine, and medical devices and sites, personnel, and materials of medical institutions shall be implemented by the health department, market supervision department or medical security department;

4. The requisition of clothing, quilts, and other disaster relief materials shall be implemented by the emergency management department;

5. The requisition of transport facilities and equipment and means of transportation shall be implemented by the transport department;

6. The requisition of construction engineering machinery shall be implemented by the urban and rural construction department or the housing security and management department;

7. The requisition of municipal engineering maintenance equipment shall be implemented by the urban management law enforcement department;

8. The requisition of special equipment shall be implemented by the market regulatory department;

9. The requisition of stadiums and gymnasiums shall be implemented by the sports department;

10. The requisition of hotels, food, drinking water, and other daily necessities shall be implemented by the commerce department;

11. The requisition of squares shall be implemented by the local people’s government at the district level; and

12. The requisition of other materials and sites shall be implemented by the corresponding competent departments.

Article 14 Requisition implementation entities shall serve the written emergency requisition decision to citizens, legal persons, or other organizations in accordance with the law. This decision shall be sealed and set forth the following:

1. Basic information of the requisition department, the requisition implementation department and citizens, legal persons, or other organizations;

2. Basis and reasons for requisition;

3. Name, quantity, specifications, and relevant technical support requirements for the requisitioned materials and sites;

4. Time and site of the delivery of the requisitioned materials and sites;

5. Period of requisition;

6. Legal consequences of non-compliance with the obligations stipulated in the written emergency requisition decision; and

7. Channels for relief against requisition.

If the written emergency requisition decision cannot be delivered in advance due to an emergent situation, the requisition implementation department may give a notice first and then implement the emergency requisition. The requisition implementation entity shall complete the relevant procedures within 48 hours after the emergency requisition.

Article 15 Before making an emergency requisition decision or implementing an emergency requisition, the requisition department may designate the relevant departments or entities to conduct preliminary investigations of the functions, specifications, quality, ownership, and other basic conditions of the materials and sites to be requisitioned.

Article 16 The materials or sites to be requisitioned shall not be requisitioned or the requisition shall be suspended if:

1. The functions, quality, and specifications cannot meet the urgent need for emergency response;

2. The materials or sites have been requisitioned or purchased by other administrative organizations for emergency response needs;

3. The owners or usufruct holders of the materials or sites to be requisitioned are using such materials or sites for self-rescue purpose; or

4. The materials or sites are not allowed to be requisitioned according to laws and regulations.

Article 17 After receiving the written emergency requisition decision or emergency requisition notice, citizens, legal persons, or other organizations shall timely cooperate with the requisition implementation entity to deliver the requisitioned materials and sites to the entity, accompanied by operators, technical instructors, and other professionals to provide technical support or services if necessary.

The requisition implementation entity shall prepare an emergency requisition list, affix signature and seal thereon, and complete the handover procedures with citizens, legal persons, or other organizations. The emergency requisition list shall be made in duplicate with each party holding one copy.

Article 18 The requisitioned materials and sites shall be managed and dispatched by the requisition implementation entity or the department designated by the Wuhan Municipal People’s Government or the people’s government at the district level, with the government emergency requisition signs posted or hung thereon.

The department designated by the Wuhan Municipal People’s Government or the people’s government at the district level to manage and dispatch requisitioned materials and sites shall cooperate with the requisition implementation entity in making the statistics on the use of the requisitioned materials and sites.

Article 19 Within 15 working days after the completion of the use of the requisitioned materials and sites or the completion of the emergency response work, the requisition implementation entity shall summarize the use of the requisitioned materials and sites, prepare a written confirmation of the use of the materials and sites of the emergency requisition, notify citizens, legal persons, or other organizations and handle the return and handover procedures by virtue of the written emergency requisition decision and the emergency requisition list.

Where the requisitioned materials and sites are damaged or lost, the requisition implementation entity or the entity using the requisitioned materials and sites shall issue a certificate of damage or loss.

Chapter III Compensation Standards

Article 20 Emergency requisition compensation shall follow the following principles:

1. Legitimate and reasonable compensation. Emergency requisition compensation shall comply with relevant laws and regulations. The compensation value shall be equivalent to the use value of the requisitioned materials and sites during the requisition period or equivalent to the property losses and expenses incurred due to the emergency requisition.

2. Compensation for direct losses. Only property losses or expenses directly related to the emergency requisition (excluding nonmaterial losses such as moral damage) shall be compensated for.

3. Compensation for actual losses. Actual losses or expenses incurred shall be compensated for.

Article 21 In principle, emergency requisition compensation shall be in the form of monetary compensation. If the requisition implementation entity and the compensation recipient have agreed otherwise, in-kind compensation or other forms may be adopted, and the compensation value shall be equivalent to monetary compensation.

Article 22 For the requisition of hotels, stadiums and gymnasiums, and other sites, the amount of compensation shall be determined with reference to the market lease price in the administrative regions of Wuhan City and shall not be lower than the necessary cost.

Article 23 If the requisitioned materials and sites are damaged or lost, compensation shall be handled according to the following circumstances:

1. If they are damaged but the functions can be restored after repair, the amount of compensation shall be determined according to the necessary repair costs.

2. If they are lost, or cannot be repaired, or the functions cannot be restored after repair or the repair costs exceed the property value before damage, the amount of compensation shall be determined after comprehensive consideration of the replacement cost, comprehensive newness rate, net residual value, and other factors.

3. Where laws and regulations have separate provisions on compensation standards, such provisions shall prevail.

Article 24 Where compensation recipients provide professionals, they shall be compensated for the wages and social insurance fees and other expenses of the professionals according to their actual working hours.

Compensated wages shall be calculated based on the actual wages of the professionals on the payroll list of their employers or, if they have no fixed wage income, based on the average wage level of urban employees in Wuhan City in the previous year; and if less than one day the compensation payments shall be calculated as one day.

Compensated social security fees shall be calculated on a daily basis according to the social security payment details issued by the social security department or the taxation department. Only payments made by the employers shall be compensated, and the payment base shall be determined according to the actual payment base declared in the corresponding year.

Professionals who are employees of administrative or public institutions whose funds are allocated out of the fiscal budget or are personnel hired by administrative or public institutions and subject to the labor contract system are not compensated, and the compensation recipients shall pay wages and social insurance fees in accordance with provisions. The wages and social insurance fees of the employees of administrative or public institutions that are not allocated out of the fiscal budget shall be compensated for based on the actual working hours.

Where laws and regulations have separate provisions on the compensation for payments to professionals (other than wages and social insurance fees), such provisions shall prevail.

Article 25 Where a citizen, legal person, or other organization suspends production or business due to the requisition, compensation payments shall be made for necessary recurrent expenses during the period of shutdown, including the necessary expenses such as water and electricity charges, rent, and personnel wages to be paid during such a period:

1. For items with standardized accounts, compensation payments shall be made after conversion based on the monthly expenses recorded in the accounts and the actual number of requisition days; if less than one day the compensation payments shall be calculated as one day; and

2. For items without clear accounts, the average monthly expenses shall be calculated on the basis of the bills of actual expenses incurred in the recent three months, and compensation payments shall be made after conversion based on the actual number of requisition days; if less than one day the compensation payments shall be calculated as one day.

Chapter IV Compensation Procedures

Article 26 When the requisition implementation entity returns the requisitioned materials and sites, it shall simultaneously notify, in writing and at one time, the compensation recipient of the materials required for submission of the compensation application, specify the time for the submission of the compensation application and the consequences of late submission, and meanwhile announce the same (except for confidential contents and matters) on the portal website of the local people’s government or mainstream media for a period of no less than seven working days.

Article 27 A compensation recipient shall submit a written compensation application to the requisition implementation entity within three years from the date of the receipt of the written notice or the date of the announcement. If the compensation recipient fails to submit it within the specified time limit without a justified reason, he/she shall be deemed to have waived the right to compensation.

Article 28 The requisition implementation entity shall complete the verification of the compensation amount within 30 working days after accepting the compensation application. The entity may negotiate with the recipient on the specific amount of compensation in accordance with the relevant compensation standards in the Measures. If consensus is reached, a compensation agreement shall be signed; if the negotiation fails, the requisition implementation entity and the compensation recipient shall jointly appoint an intermediary agency with the corresponding qualifications to conduct the evaluation, and the evaluation expenses shall be borne by the requisition implementation entity.

Article 29 After the compensation amount is determined, the Wuhan Municipal People’s Government or the people’s government at the district level that made the emergency requisition decision shall serve the written compensation decision to the compensation recipient and make the compensation payment within 15 working days.

Where the compensation fund is raised through public donation, charity fundraising, or otherwise, compensation payments shall be made in accordance with the relevant policies and fund management measures of the State.

Chapter V Safeguard Measures

Article 30 The emergency requisition department shall make public the emergency requisition compensation information, including loss, compensation standards, and compensation amount, in accordance with provisions and accept the supervision from the relevant departments and the public. Except for confidential contents and matters, the compensation information shall be announced on the portal website of the local people’s government or the mainstream media.

Article 31 Where the Wuhan Municipal People’s Government or people’s government at the district level that made the emergency requisition decision fails to compensate the compensation recipient within the specified time limit without a justified reason, it shall compensate for the losses caused to the compensation recipient by the delay in compensation in accordance with the law.

Article 32 If citizens, legal persons or other organizations hold that an administrative act in the work of emergency requisition or compensation infringes upon their legitimate rights and interests, they may apply for administrative reconsideration or bring an administrative lawsuit in accordance with the law.

Article 33 If citizens, legal persons or other organizations violate the provisions of the Measures and disobey the emergency requisition decision, which constitutes a violation of public security administration, they shall be handled by the public security organ according to the law; if a crime is constituted, criminal responsibility shall be investigated according to law.

Article 34 Where citizens, legal persons, or other organizations fraudulently obtain emergency requisition compensation funds, they shall recover the funds that have been allocated within the specified time limit, and the responsibilities of the relevant entity and personnel shall be investigated in accordance with the law.

Article 35 The person in charge of emergency requisition and other persons directly liable who neglect their duties, abuse their powers or engage in any malpractice for personal gain in their performance of official business shall be investigated for corresponding responsibilities in accordance with the law.

Chapter VI Supplementary Provisions

Article 36 The Measures shall not apply to government departments and public institutions whose basic expenditures are fully covered by the fiscal departments or emergency requisition compensation matters for which the fiscal departments have arranged funds.

Article 37 Where laws and regulations have separate provisions on emergency requisition and compensation, such provisions shall prevail.

Article 38 The Measures shall come into force as of February 10, 2021.

Sent to: People’s governments at the 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.

General Office of the Wuhan Municipal People’s Government Issued on December 28, 2020