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NATIONAL DEFENCE

Category  NATIONAL DEFENCE Organ of Promulgation  The Standing Committee of the National People's Congress Status of Effect  In Force
Date of Promulgation  1997-03-14 Effective Date  1997-03-14  

Law of the People's Republic of China on National Defence



Contents
Chapter I  General Provisions
Chapter II  National Defence Functions and Powers of State Organs
Chapter III  Armed Forces
Chapter IV  Frontier Defence, Coast Defence and Air Defence
Chapter V  Scientific Research and Production of National Defence and
Chapter VI  Funds and Assets of National Defence
Chapter VII  National Defence Education
Chapter VIII  National Defence Mobilization and War State
Chapter IX  National Defence Obligations and Rights of Citizens and
Chapter X  Obligations, Rights and Interests of Servicemen
Chapter XI  Foreign Military Relations
Chapter XII  Supplementary Provisions

(Adopted at the Fifth Session of the Eighth National People's Congress on

March 14, 1997, and promulgated by Order No. 84 of the President of the
People's Republic of China on March 14, 1997)
Contents

    Chapter I  General Provisions

    Chapter II  National Defence Functions and Powers of State Organs

    Chapter III  Armed Forces

    Chapter IV  Frontier Defence, Coast Defence and Air Defence

    Chapter V  Scientific Research and Production of National Defence and

               Order for Military Materials

    Chapter VI  Funds and Assets of National Defence

    Chapter VII  National Defence Education

    Chapter VIII  National Defence Mobilization and War-state

    Chapter IX  National Defence Obligations and Rights of Citizens and

                Organizations

    Chapter X  Obligations, rights and Interests of Serviceman

    Chapter XI  Foreign Military Relations

    Chapter XII  Supplementary Provisions
Chapter I  General Provisions

    Article 1  This Law is formulated in accordance with the Constitution
with a view to establishing and strengthening national defence, and to
guaranteeing the smooth development of the construction of our socialist
modernization.

    Article 2  This Law is applicable to military activities our country takes
to guard against and resist aggression, prevent military subversion, safeguard
the sovereignty, unification, territorial integrity and security of our
county, as well as activities in such fields as politics, economy,
diplomacy, science and technology and education that concern military affairs.

    Article 3  National defence is the security guarantee of the survival and
development of our country.

    The state shall strengthen the construction of military strength, the
construction of frontier defence, coast defence and air defence, develop the
scientific research and production of national defence, spread national
defence education among all the people, improve mobilization system, and
realize the modernization of national defence.

    Article 4  The state shall establish and strengthen national defence
independently, with the initiative in our own hands and through our own
efforts, take an active defence strategy and adhere to the principle of
general self-defence.

    While concentrating its energy to carry out economic construction, the
state shall strengthen the national defence construction, promote the
harmonious development of national defence construction and economic
construction.

    Article 5  The state takes unified leadership over national defence
activities.

    Article 6  It is a sacred duty for every citizen of the People's
Republic of China to defend our motherland and resist aggression.

    Every citizen of the People's Republic of China shall fulfil according
to law his national defence obligation.

    Article 7  The state and society hold respect for and give preferential
treatment to Servicemen, protect their legal rights and interests, and develop
various kinds of activities to support the army and give preferential
treatment to the families of the Servicemen and martyrs.

    The Chinese People's Liberation Army and the Chinese People's Armed Police
Forces shall develop activities of supporting the government and cherishing
the people in order to strengthen unity between the army and the government
and between the army and the people.

    Article 8  The People's Republic of China maintains world peace and fights
against any activities of aggression and expansion in the foreign military
relations.

    Article 9  The state and society take various forms to give commendation
and reward to organizations and personnel that have made contribution to
national defence activities.

    Those that violate this Law and any law connected, refuse to fulfil
national defence obligations or jeopardize national defence interests shall be
investigated for legal responsibility.
Chapter II  National Defence Functions and Powers of State Organs

    Article 10  The National People's Congress decides according to the
stipulations of the Constitution the issue of peace or war, and exercises
other functions and powers in the aspect of national defence stipulated by the
Constitution.

    The Standing Committee of the National People's Congress decides according
to the stipulations of the Constitution the declaration of war state, decides
a general mobilization or a partial mobilization, and exercises other
functions and powers in the aspect of national defence provided by the
Constitution.

    Article 11  The President of the People's Republic of China declares war
state and issues mobilization orders according to the decision of the National
People's Congress or the Standing Committee of the National People's Congress,
and exercises other functions and powers in the aspect of national defence
stipulated by the Constitution.

    Article 12  The State Council leads and governs the course of national
defence construction, and exercises the following functions and powers:

    (1) to compose and make programmes and plans for national defence
construction development;

    (2) to formulate principles, policies and administrative regulations in
the aspect of national defence construction;

    (3) to lead and take charge of scientific research and production of
national defence;

    (4) to govern national defence funds and national defence assets;

    (5) to lead and govern the work of national economic mobilization, the
people's armed mobilization, and work concerned in the aspects of people's air
defence, national defence traffic, etc.;

    (6) to lead and take charge of the work of supporting the army and giving
preferential treatment to families of Servicemen and martyrs, and the work of
settling Servicemen out of active service;

    (7) to direct the work of national defence education;

    (8) to lead together with the Central Military Commission the work of
governing the construction and conscription of the Chinese People's Armed
Police Forces and the militia, as well as the work of reserve duty, frontier
defence, coast defence and air defence; and

    (9) other functions and powers stipulated by law that concern with the
course of national defence construction.

    Article 13  The Central Military Commission leads all armed forces of the
state, and exercises the following functions and powers:

    (1) to direct uniformly all armed forces of the state;

    (2) to decide the military strategy and operational policies of the armed
forces;

    (3) to lead and govern the construction of the Chinese People's Liberation
Army, formulate programmes and plans, and organize the implementation;

    (4) to submit motions to the National People's Congress or the Standing
Committee of the National People's Congress;

    (5) to formulate military regulations, issue decisions and orders in
accordance with the Constitution and laws;

    (6) to decide the system and establishment of the Chinese People's
Liberation Army, stipulate the task and responsibility of headquarters,
military area commands, services and other units at the level of military area
command;

    (7) to appoint and remove, train, examine, reward and punish members of
military forces according to the provisions of laws and military regulations;

    (8) to ratify weaponry systems and weaponry development programmes and
plans of the armed forces, lead and supervise scientific research and
production of national defence together with the State Council;

    (9) to supervise national defence funds and assets along with the State
Council; and

    (10) other functions and powers stipulated in law.

    Article 14  The State Council and the Central Military Commission may
convene coordination meetings according to circumstances to solve problems
connected with national defence affairs. The implementation of issues
negotiated and decided at the meetings shall be organized by the State Council
and the Central Military Commission in their respective scope of authority.

    Article 15  Local people's congresses at various levels and standing
committees of local people's congresses at or above the county level shall
guarantee in their administrative divisions that laws and regulations
connected with national defence are obeyed and implemented.

    Local people's governments at various levels shall supervise according to
limits of authority stipulated by law the work of conscription, militia,
reserve service, national defence education, national economic mobilization,
people's air defence, national defence traffic, protection of national defence
installations, settlement of Servicemen out of active service, supporting the
army and giving preferential treatment to families of Servicemen and martyrs
in their administrative divisions.

    Article 16  Local people's governments at various levels and station
military organs shall convene according to needs joint meetings of local
authority and army to coordinate and solve problems connected with
national defence affair in their administrative divisions.

    The joint meeting of local authority and army shall be convened by the
people in charge of local people's government along with the people in charge
of station military organ. The participants of the joint meetings of local
authority and army shall be decided by the conveners of the meetings.

    Items negotiated and decided at the joint meetings of local authority and
army shall be handled by local people's governments and station military
organs according to their respective limits of authority, and matters of great
importance shall be reported to their respective higher level.
Chapter III  Armed Forces

    Article 17  The armed forces of the People's Republic of China belong to
the people, whose task is to strengthen national defence, resist aggression,
defend the state, safeguard the people's peaceful work, attend the course of
national construction and serve the people wholeheartedly.

    Article 18  The armed forces of the People's Republic of China must comply
with the Constitution and laws, adhere to the principle of directing troops
in accordance with law.

    Article 19  The armed forces of the People's Republic of China are led by
the Communist Party of China. Organizations of the Communist Party of China
in the armed forces shall develop activities according to the Charter of the
Communist Party of China.

    Article 20  The state strengthens the construction of the armed forces'
revolutionization, modernization and normalization, strengthen national
defence.

    Article 21  The armed forces of the People's Republic of China shall meet
the needs of modern war, strengthen military drill, develop political work,
improve safeguard level and heighten combat effectiveness comprehensively.

    Article 22  The armed forces of the People's Republic of China are
composed of troops of the Chinese People's Liberation Army on active service
and reserve service, the Chinese People's Armed Police Forces and militia.

    The troops of the Chinese People's Liberation Army on active service are
the standing army of the state, whose main task is to defend and combat, and
who may assist in maintaining public order according to law when necessary.
The troops on reserve service shall conduct drilling at ordinary times
according to regulations, and may assist in maintaining public order in
accordance with law when necessary, and shall transform into troops on active
service at wartime according to mobilization orders issued by the state.

    The Chinese People's Armed Police Forces shall shoulder the task of
safeguard and maintaining public order that is assigned by the state under the
leadership and direction of the State Council and the Central Military
Commission.

    The militia shall, under the direction of military organs, shoulder the
task of combat readiness and services, defence and combat, and shall assist in
maintaining public order.

    Article 23  The scale of the armed forces of the People's Republic of
China shall meet the needs of defending the state's security and interests.

    Article 24  The military service of the People's Republic of China is
divided into active service and reserve service. The service system of
Servicemen on active service and people on reserve service is set by law.

    The state conducts a rank system on Servicemen on active service and
people on reserve service in accordance with stipulations of law.

    Article 25  The state forbids illegal military organizations established
by any organization or individual, forbids illegal military activities, and
forbids pretence to be servicemen on active service or military organization.
Chapter IV  Frontier Defence, Coast Defence and Air Defence

    Article 26  The territorial lands, interior waters, territorial sea and
territorial sky of the People's Republic of China are sacred and cannot be
violated. The state strengthens the construction of frontier defence, coast
defence and air defence, takes effective measures of defence and supervision
to protect the security of territorial lands, interior waters, territorial
sea and territorial sky, and to maintain the rights and interests of the
state's oceans.

    Article 27  The Central Military Commission leads uniformly the work of
frontier defence, coast defence and air defence.

    Local people's governments at various levels, relevant departments under
the State Council and relative military organs shall, according to the extent
of authority stipulated by the state, divide the responsibility among
themselves to take charge of the supervision and defence of frontier defence,
coast defence and air defence, and make joint effort to maintain national
security and interests.

    Article 28  The state constructs national defence installations of combat,
direction, communication, protection, traffic and security according to the
needs of frontier defence, coast defence and air defence. People's governments
at various levels and military organs shall, according to the provisions of
laws and stipulations, guarantee the construction of national defence
installations and safeguard national defence installations.
Chapter V  Scientific Research and Production of National Defence and
Order for Military Materials

    Article 29  The state establishes and improves the scientific and
technical industry system of national defence, develops scientific research
and production of national defence, and provides the armed forces with weapons
and equipment advanced in function, reliable in quality, complete in equipment
set and convenient to manipulate and maintain as well as other useable
military materials to meet the needs of national defence.

    Article 30  The scientific and technical industry of national defence
follows the principle of combining the army with the people, peace with war,
giving priority to military goods and the people supporting army.

    The state makes overall plans and programmes for the scientific and
technical industry construction of national defence and maintains the
productive capability of scientific research for national defence on a
reasonable scale and with a complete set of specialities and rational
distribution.

    Article 31  The state promotes progress in science and technology of
national defence, strengthens research in high and new technology, gives play
to high and new technology's leading role in the development of weapons and
equipment, extends technical reserve store, and researches and produces new
weapons and equipment.

    Article 32  The state performs uniform leadership, planned regulation and
control in scientific research and production of national defence.

    The state provides necessary guarantee conditions and preferential
policies for enterprises and institutes bearing the responsibility of
scientific research and production of national defence. Local people's
governments at various levels shall provide assistance and support to
enterprises and institutes bearing the responsibilities of scientific research
and production for national defence.

    Enterprises and institutes bearing the responsibilities of scientific
research and production of national defence shall accomplish the task of
scientific research and production for national defence, and guarantee the
quality of weapons and equipment.

    Article 33  The state takes necessary measures to train and bring up
qualified personal of national defence science and technology, to create
favorable circumstances and conditions and to allow full play to their action.

    Science and technology personnel of national defence shall be respected by
the whole society. The state shall improve gradually the treatment of science
and technology personnel of national defence and protect their legal rights
and interests.

    Article 34  The state, in accordance with needs of national defence and
requirements of the socialist market economy, employs a system of order for
military goods to guarantee the purchase and supply of weapons and equipment
and other military materials.
Chapter VI  Funds and Assets of National Defence

    Article 35  The state guarantees necessary funds for national defence. The
increase in the funds of national defence shall suit the needs of national
defence and the standard of national economy's development.

    Article 36  The state adopts a system of financial allocation in the funds
of national defence.

    Article 37  Assets of national defence include capital directly invested,
lands and other resources allocated for use by the state for the construction
of armed forces, scientific research and production of national defence and
other defence construction, as well as weapons and equipment, installations
and facilities, materials and apparatuses and technical achievements formed in
this way for purpose of national defence.

    Assets of national defence belong to the state.

    Article 38  According to the requirements of national defence construction
and economic construction, the state decides the scale, structure and
distribution of assets of national defence, adjusts and handles assets of
national defence.

    Supervising organs and units that possess and utilize assets of national
defence shall run according to law assets of national defence, and make full
use of assets of national defence.

    Article 39  The state protects assets of national defence against inroad
and damage, guarantees their security, integrity and validity.

    No organization or individual is permitted to damage, wreck or seize
assets of national defence. Without ratification from the State Council, the
Central Military Commission or organs authorized by the State Council or by
the Central Military Commission, units that possess and utilize assets of
national defence shall not change the assets' purpose for national defence.
Assets of national defence that have been ratified not to be used in national
defence any more shall be supervised according to law.
Chapter VII  National Defence Education

    Article 40  The state helps citizens through national defence education
enhance the sense of national defence, grasp national defence knowledge,
develop the spirit of patriotism and fulfill the obligation of national
defence at their own free will.

    It is a responsibility of the whole society to popularize and strengthen
national defence education.

    Article 41  National defence education follows the principle of
participation of all the people, long-term persistence and laying stress on
practical results, and carries out a policy of combining regular education
with concentrated education, universal education with key education, and
theoretical education with behaviour education.

    Article 42  The State Council, the Central Military Commission, people's
governments at the level of province, autonomous region and municipality
directly under the Central Government and relevant military organs shall take
steps to strengthen the work of national defence education.

    All state organs and armed forces, all political parties and social
organizations, all enterprises and institutes shall organize their regions,
departments and units to carry out national defence education.

    National defence education in school is the foundation of national
defence education of the entire people. Schools at various levels and of
various kinds shall offer proper courses of national defence education,
or add subject of national defence education to relevant courses. Military
organs shall assist schools in developing national defence education.

    Departments and units of education, culture, press, publication,
broadcast, film and television shall act in close coordination to develop
national defence education in various forms.

    Article 43  People's governments at various levels shall bring national
defence education into line with national economic and social development
plan, and guarantee the funds needed in national defence education.
Chapter VIII  National Defence Mobilization and War State

    Article 44  In case the People's Republic of China's sovereignty,
unification, territorial integrity or security is threatened, the state starts
national mobilization or partial mobilization in accordance with the
provisions of the Constitution and laws.

    Article 45  The state prepares for the mobilization in peaceful period,
brings the preparation for people's armed forces mobilization, national
economic mobilization, and mobilization for people's air defence, national
defence traffic and etc. into line with the state's overall plan and
programme, perfects the mobilization system, heightens mobilization
potentiality and improves mobilization capability.

    Article 46  The state establishes a system of strategic materials reserve.
The strategic materials reserve shall be on a proper scale, kept in security,
convenient to transfer, changed regularly and can guarantee the requirements
during war period.

    Article 47  The State Council and the Central Military Commission shall
lead in conjunction the preparation and implementation of mobilization.

    All state organs and armed forces, all political parties and social
organizations, all enterprises and institutions and citizens must complete
the work of mobilization preparation according to stipulations of law during
peaceful period, and must accomplish the mobilization task stipulated after
the mobilization order bas been issued by the state.

    Article 48  According to needs in mobilization, the state may take over
for use in accordance with law equipment and facilities, means of
transportation and other materials of organizations and individuals.

    People's governments at or above the county level shall make proper
compensation to the requisitionees according to relevant stipulations of
the state for economic losses directly resulting from the requisition.

    Article 49  The state declares war state according to the stipulations of
the Constitution, takes various measures to amass manpower, materials and
funds, leads all citizens to defend our country and resist aggression.
Chapter IX  National Defence Obligations and Rights of Citizens and
Organizations

    Article 50  It is an honorable obligation of citizens of the People's
Republic of China to enlist in the army and join in the militia according to
law.

    Drafting institutes at various levels and people's military organs at
basic level shall handle the conscription work according to law, fulfill the
drafting task according to the command of the State Council and the Central
Military Commission, and guarantee the quality of troops' sources. Other
relevant state organs, social organizations, enterprises and institutions
shall fulfil according to law the work of militia and reserve duty, and
assist conscription institutes in fulfilling the drafting task.

    Article 51  Enterprises and institutions shall shoulder according to the
state's requirement the task of scientific research and production for
national defence, accept the state's orders for military goods, and provide
qualified weapons and equipment or other military materials.

    Enterprises and institutions shall according to the state's stipulations
implement the national defence's requirement in traffic construction. Units
in charge of traffic installation such as stations, ports, airports and roads
shall provide preceded service for the passage of Servicemen on active
service, military vehicles and ships, and offer preferential treatment in
accordance with stipulations.

    Article 52  Citizens shall receive national defence education.

    Citizens and organizations shall protect national defence facilities, and
are forbidden to damage or do harm to national defence installations.

    Citizens and organizations shall abide by stipulations of protecting
secrets, shall not reveal the state's secrets about national defence, shall
not possess illegally classified documents, papers or other classified
articles about national defence.

    Article 53  Citizens and organizations shall support national defence
construction, and provide facilities or other assistance for such activities
of military forces as military drill, combat readiness service and defending
combat.

    Article 54  Citizens and organizations have the right to give advice to
national defence construction, and the right to stop and inform against
activities endangering national defence.

    Article 55  Citizens and organizations that suffer economic losses
directly owing to national defence construction or military activities may get
compensation according to relative stipulations of the state.
Chapter X  Obligations, Rights and Interests of Servicemen

    Article 56  Servicemen on active service shall be loyal to the state,
fulfil their duties, fight bravely, not fear sacrifice and defend the state's
security, honour and interests.

    Article 57  Servicemen on active service shall observe the Constitution
and laws examplarily, comply with military regulations, execute commands and
abide by principles strictly.

    Article 58  Servicemen on active service shall develop the glorious
traditions of the people's army, love the people, protect the people,
participate actively in the construction of socialist material and spiritual
civilization, and fulfil such tasks as rescue and relief work.

    Article 59  Servicemen shall be respected by the whole society.

    The state takes effective measures to protect the honour, personality and
dignity of servicemen on active service, and imposes special protection on
their marriage.

    Activities of fulfilling duties by servicemen according to law shall be
protected by law.

    Article 60  The state and society give preferential treatment to
servicemen on active service.

    The state guarantees that servicemen on active service enjoy living
farewell and treatment commensurate to the duties they fulfill, and gives
preferential treatment in such aspect as living farewell to servicemen on
active service working in such areas or positions as frontier defence, coast
defence where conditions are arduous.

    The state adopts a system of serviceman insurance.

    Article 61  The state makes appropriate settlement for the servicemen out
of active service, provides necessary professional training for demobilized
servicemen, and guarantees retired servicemen's living welfare treatment.

    People's governments at or above the county level shall have charge of
settling demobilized servicemen, and arranging jobs for them on the basis of
their post-rank, contributions and specialty.

    Units admitting demobilized servicemen shall, according to the relevant
provisions of the state, give them preferential treatment in such aspect as
living welfare treatment, education and housing.

    Article 62  The state and society give pensions and preferential treatment
to disabled servicemen, and offer special guarantee according to law to their
life and medical treatment.

    After the disabled servicemen who are crippled or lose health in war or on
duty have withdrawn from active service, people's governments at or above the
county level shall admit and settle them in time, and guarantee their life not
under the local average living level.

    Article 63  The state and society give preferential treatment to families
of servicemen on active service, give pensions and preferential treatment to
families of martyred soldiers and of soldiers that die a martyr's death or die
of an illness on duty, and give them special treatment in such aspects as
employment, housing and compulsory education.

    Article 64  The militia, people on reserve service and other people shall
fulfil their own responsibilities and obligations while taking part in
military drill, performing service for combat readiness and defending combat
tasks according to law. The state and society guarantee them commensurate
treatment, and give pensions or preferential treatment to them according to
relevant regulations.
Chapter XI  Foreign Military Relations

    Article 65  The People's Republic of China adheres to the Five Principles
of mutual respect for territorial integrity and sovereignty, mutual
non-aggression, non-interference in each other's internal affairs, equality
and mutual benefit and peaceful coexistence, deals with foreign military
relations independently, and carries out military exchange and corporation.

    Article 66  The People's Republic of China supports activities relevant to
military affairs that are taken by the international society to contribute to
maintaining peace, security and stability in the world and areas, and supports
efforts the international society makes to solve fairly such affairs as
international disputes, arms control and reduction of armaments.

    Article 67  The People's Republic of China abides by relevant treaties and
agreements that she concludes, accedes to or accepts with foreign countries
in foreign military relations.
Chapter XII  Supplementary Provisions

    Article 68  The provisions about servicemen in this Law apply to the
People's Armed Police Forces of China.

    Article 69  Defence in special administrative regions of the People's
Republic of China is stipulated by the basic law of special administrative
regions and relative laws.

    Article 70  This Law comes into effect as of the date of promulgation.

    



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