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| Category | NATIONAL DEFENCE | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1996-10-29 | Effective Date | 1997-01-01 |
|
Law of the People's Republic of China on People's Air Defence |
|---|
Chapter I General Provisions
Chapter II Main Targets of Protection
Chapter III People's Air Defence Works
Chapter IV Communication and Alarm Systems
Chapter V Evacuation
Chapter VI Mass Air Defence Organizations
Chapter VII People's Air Defence Education
Chapter VIII Legal Responsibility
Chapter IX Supplementary Provisions Article 1 This Law is formulated with a view to effectively organizing Article 2 People's air defence is a part of national defence. The state, People's air defence shall adopt a guiding principle of preparation in Article 3 People's governments at or above the county level shall Article 4 Funds needed for people's air defence shall be borne by both The fund borne by the central authorities shall be covered in the central Units concerned should bear expenses for people's air defence as Article 5 The state shall, in accordance with relevant provisions, offer The state shall encourage enterprises, institutions, social organizations Article 6 The State Council and the Central Military Commission shall The greater military areas shall take charge of people's air defence Local people's governments at or above the county level and military Article 7 The state administrative department in charge of people's air The departments in charge of people's air defence in greater military Administrative departments in charge of people's air defence under local Departments in central organs of the state in charge of people's air The establishment, responsibility and duty of the department in charge of Departments of people's governments at or above the county level in charge Article 8 All organizations and individuals shall have the right to Article 9 The state shall protect facilities for people's air defence Article 10 Units and individuals who have made remarkable merits in Article 11 Cities are the main targets of people's air defence. The state Classes and standards of air defence over cities are determined by the Article 12 People's governments of cities should make programmes for Article 13 People's governments of cities shall make programmes for Article 14 The construction of underground traffic avenues and other Article 15 Facilities for storing grains, medicines, fuel and other Article 16 For important economic targets, departments concerned shall The important economic targets referred to in the preceding paragraph Article 17 The administrative department in charge of people's air Article 18 People's air defence works include separate underground Article 19 The state shall practise classified guidance toward the The state shall, according to the need of national defence, make plans for Article 20 The construction of people's air defence works shall first Article 21 The construction of people's air defence works for Other relevant units shall build shelters for their personnel and Article 22 Newly built civil constructions in cities shall, according to Article 23 The design, construction and quality of people's air defence Types of special equipment for people's air defence works and their Article 24 Departments concerned of people's governments at or above the Article 25 The administrative departments in charge of people's air The administrative departments in charge of people's air defence shall be Units concerned shall, according to the state provisions, be responsible Article 26 The state shall encourage the use of people's air defence Article 27 No organization or individual may be allowed to perform any Article 28 No organization or individual may be allowed to dismantle Article 29 The state shall guarantee smooth operations of communication Article 30 The state administrative department in charge of people's air Administrative departments in charge of people's air defence under local Article 31 Departments of telecommunications, departments of Article 32 Departments of telecommunications, departments of No other organization or individual may use or mix with the special Article 33 Systems of communication, broadcast and television must first Article 34 Departments concerned in the army shall give air information Article 35 Facilities of communication and alarm systems in people's air Units concerned shall take charge of the maintenance and management of Local people's governments at or above the county level may organize Article 36 Facilities of communication and alarm systems in people's air Article 37 Evacuation in people's air defence shall be organized by Evacuation in people's air defence shall be arranged according to orders Article 38 People's governments at or above the county level shall The region set for evacuation within an administrative area shall be Article 39 People's governments at or above the county level shall Article 40 If evacuation of rural population is necessary, local people's Article 41 Local people's governments at or above the county level shall Mass air defence organizations shall perform such duties during wartime as Article 42 Mass air defence organizations shall be established by the (1) Departments of urban construction, public utilities and electricity (2) Departments of health and medicine shall organize ambulance corps; (3) Departments of public security shall organize fire-fighting brigades (4) Departments of health, chemical industry and environment protection (5) Departments of telecommunications shall organize communication teams; (6) Departments of transport shall organize transport troops. The Red Cross organizations shall take up rescue operations according to Article 43 Outfits, apparatus and funds needed for mass air defence Article 44 Mass air defence organizations shall receive professional Article 45 The state shall conduct people's air defence education to Article 46 The state administrative department in charge of people's air People's air defence education for students in schools and colleges shall People's air defence education for personnel in organs of state, social Article 47 Departments of journalism, publication, broadcast, the movies, Article 48 For, in violation of relevant state provisions, civil Article 49 For any of the following acts, the administrative departments (1) seizing people's air defence works; (2) failing to comply with protection standards and quality standards set (3) in violation of relevant state provisions, making changes on main (4) refusing to rebuild people's air defence works after dismantling it; (5) taking up frequencies exclusive for communication in people's air (6) hampering installation of facilities for communication and alarm (7) discharging waste water and exhausting waste gas or dumping waste into Article 50 Any person who, in violation of the provisions of this Law, Article 51 Personnel in the administrative departments in charge of Article 52 Standing committees of people's congresses of provinces, Article 53 This Law shall come into force on January 1, 1997.
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Chapter I General Provisions
people's air defence, ensuring the safety of the lives and property of the
people and safeguarding the smooth progress of the socialist modernization.
taking into account the need of national defence, shall mobilize and organize
masses to take precautionary measures to prevent and reduce jeopardy caused by
air-raid.
view of the future, concentration on construction of major works, combination
of both needs in peacetime and in wartime, and coordination with economic
development and urban construction.
incorporate people's air defence construction into plans for national economy
and social development.
the state and society.
budget while the fund carried by local people's governments at or above the
county level shall be included in local budgets of all levels.
stipulated by the state.
preferential treatments to construction of people's air defence.
and individuals to make investment in works of people's air defence in various
ways. The works shall be put to use and management by the investors during
peacetime and earnings be turned over to the investors.
direct the work concerning people's air defence of the whole nation.
within their jurisdiction as authorized by the State Council and the Central
Military Commission.
organs of the same level shall direct the work concerning people's air defence
in their respective administrative areas.
defence shall take charge of the work concerning people's air defence of the
whole country.
areas shall take charge of the work concerning people's air defence in the
areas.
people's governments at or above the county level shall take charge of the
work concerning people's air defence in the administrative areas.
defence shall take charge of the work concerning people's air defence in the
organs of the state.
people's air defence shall be prescribed by the State Council and the Central
Military Commission.
of planning, designing and construction, etc., shall take charge of the work
concerning people's air defence within their respective jurisdictions and
responsibilities.
obtain protection provided by people's air defence and must perform the
obligations concerning people's air defence according to law.
from damage. Appropriation or damaging of facilities of people's air defence
by any organization or individual is prohibited.
people's air defence shall be awarded by people's governments at or above the
county level and military organs.
Chapter II Main Targets of Protection
shall practise classified protection over cities.
State Council and Central Military Commission.
prevention against air-raid and plans for implementation and may organize
drills when necessary.
people's air defence works which shall be incorporated into comprehensive
plans for the cities.
underground works shall be in line with the need of the people's air defence.
provisions necessary during wartime shall be built underground or in other
covert places.
adopt effective protective measures and make contingency schemes to deal with
an emergency and rush repair.
include important industrial enterprises and mines, scientific research bases,
traffic pivots, communication pivots, bridges, reservoirs, warehouses and
electric power stations.
defence shall, according to provisions, conduct inspections of people's air
defence works protecting cities and important economic targets. The units
under inspection shall truthfully provide information and necessary data.
Chapter III People's Air Defence Works
constructions providing shelters for personnel and provisions, headquarters
and medical and first aid services during wartime, as well as underground
cellars which are integrated with on-ground constructions and can be used as
shelters against air-raid during wartime.
construction of people's air defence works in the light of varied requirements
of protection.
the construction of people's air defence works by taking into account urban
construction and economic development.
ensure the effective utilization of works during wartime, and must be
beneficial to economic construction, people's productive activities and lives,
and the development and use of works during peacetime.
headquarters, public shelters for personnel, avenues for evacuation shall be
organized by the administrative departments in charge of people's air defence.
The construction of works for medical rescue, and for provisions storage shall
be organized by other departments concerned.
provisions.
provisions of the state, include underground cellars which can be used as
shelters against air-raid during wartime.
works shall comply with the protection standards and quality standards as
stipulated by the state.
production shall comply with the standards as stipulated by the state.
county level shall, according to law, ensure the use of land for building
people's air defence works, and shall provide necessity for building people's
air defence installations that link with roads and systems of electricity,
heat, water, drainage, communication, etc. in cities.
defence shall supervise and inspect the maintenance and management of the air
defence works.
responsible for the maintenance and management of public air defence works.
for the maintenance and management of air defence works that have been built
and used so as to keep them in good condition for use.
works in peacetime to serve the needs of economic construction and people's
lives but the use of the works must not affect its functions in air defence.
operation which could impair the function or reduce the protective capacity of
people's air defence works, or to release waste water and exhaust waste gas
and dump waste into the works, or to produce, store explosive, highly toxic,
combustible, radioactive or erosive materials or articles inside the works.
people's air defence works described in Article 21. Where dismantling is
necessary, approval must be obtained from the administrative departments in
charge of people's air defence, and the unit that dismantles the works shall
take the responsibility to build a new one in place of them or make
compensation for them.
Chapter IV Communication and Alarm systems
and alarm systems for people's air defence in order to rapidly and precisely
send out and transmit alarm signals against air-raid and to effectively
organize and conduct people's air defence.
defence shall take the responsibility to make plans for the construction of
nationwide communication and alarm systems for people's air defence, and to
organize the construction and management of nationwide communication and alarm
networks for people's air defence.
people's governments at or above the county level shall take the
responsibility to make plans for building communication and alarm systems for
people's air defence within their administrative areas and organize the
construction and management of communication and alarm networks for people's
air defence in the areas.
communications in the army and the administrative departments in charge of
people's air defence shall guarantee the implementation of communication for
people's air defence according to the mission described by the state and the
construction plans for communication and alarm systems in people's air defence.
communication in the army and administrative institutions in charge of radio
shall guarantee the circuits and frequencies needed by the administrative
departments in charge of people's air defence for the construction of
communication and alarm systems in people's air defence. Units and individuals
concerned shall provide convenience for the installation of communication and
alarm systems in people's air defence and may not hamper their installation.
frequencies and air-raid alarm signals intended by the state for communication
in people's air defence.
send out and transmit air-raid alarm signals in wartime.
to the administrative departments in charge of people's air defence and help
train professionals.
defence shall be kept in good condition for use.
those facilities of people's air defence alarm systems which are installed in
such units and may not dismantle them without approval.
trials of sending out air raid alarms where necessary and shall, if they do
so, give out announcements five days before the trials.
defence shall be used for rescue or relief operations during peacetime.
Chapter V Evacuation
people's governments at or above the county level in a unified manner.
issued by the state. No organization may act on its own accord.
organize departments concerned to make plans for evacuation in cities in
people's air defence.
determined by the people's government in that region; if the region spans
beyond the administrative area, the people's government at a higher level
shall make the decision.
organize departments and units concerned to make preparation for the placement
of the people evacuated from cities and for storage, transport and supply of
provisions.
governments shall arrange for the placement at the area as close to the
original residence as possible.
Chapter VI Mass Air Defence Organizations
organize departments concerned to establish mass air defence organizations in
the light of the need of people's air defence.
salvage and rush-repair, medical services and rescue operations, fire control
and fire extinguishing, epidemic prevention and sterilization, removal of
poison and pollutants, safeguarding communication, rescuing people and
rush-conveying materials and guarding public security, and shall help
flood-fighting and quake-preventing departments during peacetime by doing
salvage in calamities.
following departments:
shall organize rush brigades;
and security contingents;
shall organize anti-chemical warfare corps and epidemic prevention corps;
and
law.
organizations shall be provided by the administrative departments in charge of
people's air defence and by sponsoring departments.
training in accordance with training plans and programmes set by the
administrative departments in charge of people's air defence.
Chapter VII People's Air Defence Education
enhance the sense of national defence among the people and to enable masses
to learn basic knowledge and skills for people's air defence.
defence shall take charge of making plans and of setting contents for people's
air defence education.
be organized by education departments and departments in charge of people's
air defence at all levels.
organizations, enterprises and institutions shall be organized by the units
to which the personnel belongs. For other personnel, the grass-roots people's
governments in cities, towns and townships shall organize the people's air
defence education.
television and culture shall help conduct people's air defence education.
Chapter VIII Legal Responsibility
construction newly built in cities without underground cellars for use as
shelters against air-raid in wartime, the administrative department in charge
of people's air defence under the people's government at or above the county
level shall give a warning to the violator and order him to build that within
a time limit and may concurrently impose a fine below 100,000 yuan.
in charge of people's air defence under the people's government at or above
the county level shall give a warning to the violator and order him to correct
his illicit behavior within a time limit, and may concurrently impose a fine
below 5,000 yuan if the violator is a person or a fine from 10,000 yuan to
50,000 yuan if the violator is a unit. If the act has caused a loss, the
violator shall make compensation according to law.
by the state when building people's air defence works;
structure of people's air defence works, dismantling equipment and facilities
from the works or, by other means, impairing its function or reducing its
protective capacity;
defence, using the same sound signals as air-raid alarms, or, without
approval, dismantling equipment and facilities for communication and alarm
systems used in people's air defence;
systems used in people's air defence and refusing to make corrections; or
people's air defence works.
deliberately makes damage to facilities for people's air defence works, or
produces and stores explosive, highly toxic, combustible, radioactive and
other dangerous materials and articles in the works, if his act is not serious
enough for a crime yet, shall be punished according to the relevant provisions
of the Regulations on Administrative Penalties for Public Security. Those who
commit a crime shall be investigated for criminal responsibility.
people's air defence who neglect their duties, abuse their power, engage in
malpractice for personal gains, or commit other offences and dereliction
seriously enough to constitute a crime, shall be investigated for criminal
responsibility. Those whose acts are not serious enough to constitute a crime,
shall be given disciplinary sanctions.
Chapter IX Supplementary Provisions
autonomous regions and municipalities under the central government may
formulate detailed rules for implementation in accordance with this Law.
URL: http://www.asianlii.org/cn/legis/cen/laws/pad141