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PROVISIONS ON THE USE OF RED CROSS SIGNS

Category  SOCIAL ORGANIZATION Organ of Promulgation  The State Council and the Central Military Commission Status of Effect  In Force
Date of Promulgation  1996-01-29 Effective Date  1996-01-29  

Provisions of the People's Republic of China on the Use of Red Cross Signs



Chapter I  General Provisions
Chapter II  Protective Use of Red Cross Signs
Chapter III  Indicative Use of Red Cross Signs
Chapter IV  Prohibitive Use of Red Cross Signs
Chapter V  Penalties
Chapter VI  Supplementary Provisions

(Promulgated by Decree No.194 of the State Council and the Central

Military Commission of the People's Republic of China on January 29, 1996)
Chapter I  General Provisions

    Article 1  These Provisions are formulated in accordance with the Law on
the Red Cross Society and for the purpose of safeguarding the dignity of the
red cross signs and properly using the red cross signs.

    Article 2  The red cross sign is the red cross on the white background.

    Article 3  The red cross sign is the protection sign for international
humanitarianism, the special sign of the medical establishments of the armed
force and the sign specially used by the red cross society.

    Except those described in these Provisions, the use of the red cross sign
by any organization or individual shall be prohibited.

    Article 4  The red cross sign has both protection and indication roles,
each of which shall not be used in confusion.

    Article 5  The local people's government at different levels shall
supervise and administer on the use of the red cross signs within their
administrative areas according to these Provisions.

    The local red cross society at different levels shall assist the local
people's government at the same level with the supervision and administration
on the use of red cross signs.
Chapter II  Protective Use of Red Cross Signs

    Article 6  Protective use of red cross signs means that, during an armed
conflict, the conflicting parties shall give protection and respect to the
persons wearing the red cross signs according to these Provisions and to the
places and its articles and medical conveyance marked with red cross signs.

    Article 7  When the red cross sign is used as protective sign, nothing
shall be added to the sign.

    When the red cross sign is used as protective sign, if it is used on a
flag, the red cross sign shall not touch the boundary of the flag; if it is
used on an armband, the red cross sign shall be located in the middle of the
armband; if it is used on a building, the red cross sign shall be located on
the obvious part of the top of the building.

    When the red cross sign is used as protective sign, it shall be able to be
identified from as far away as possible or from different direction; it shall
be lighted or decorated with the luminous body at night or when the visibility
is low.

    Article 8  During an armed conflict, the following persons may use the
protective red cross signs:

    (1) the medical personnel and staff member of the medical establishments
of the armed force;

    (2) the medical personnel and staff member of the red cross society;

    (3) the medical personnel and staff member of the international red cross
organization and foreign red cross organization approved by the State Council
or the Central Military Committee;

    (4) the medical personnel and staff member in the military and civil
medical conveyance; or

    (5) the personnel of volunteering relief body home and abroad approved by
the State Council or the Central Military Committee and the medical personnel
of civil medical establishments.

    Article 9  During an armed conflict, the protective red cross signs may be
used by or on one of the following institution or organization and its
location, articles or medical conveyance:

    (1) the medical establishments of the armed force;

    (2) the red cross society taking part in the relief activity;

    (3) the volunteering relief body and medical institution home and abroad
approved by the State Council or the Central Military Committee; or

    (4) the international organization approved by the State Council or the
Central Military Committee.

    Article 10  The person using protective red cross signs shall carry with
himself the identification certificate issued by the department with
authorization from the State Council or the Central Military Committee.

    Article 11  The personnel and the location and its articles and medical
conveyance, of the medical establishments of the armed force, may use
protective red cross signs in peace time.
Chapter III  Indicative Use of Red Cross Signs

    Article 12  Indicative use of red cross signs means the indication of the
person or matter concerning the red cross activities.

    Article 13  When the red cross sign is used as indicative sign, the name
or name abbreviation of the red cross society shall be accompanied under the
red cross sign and the red cross sign shall not be located on the top of the
building.

    When the personnel or member of the red cross society and other relevant
personnel carry out their duties, they shall wear an armband of small size
marked with the red cross sign; when they do not carry out the duties, they
may wear a badge or brooch of small size on the breast marked with the red
cross sign.

    Article 14  Any of the following persons may use the indicative red cross
signs:

    (1) the staff member of the red cross society;

    (2) the member of the red cross society; or

    (3) youngsters member of the red cross society.

    Article 15  The indicative red cross signs may be used in any of the
following places:

    (1) the building used by the red cross society;

    (2) the medical establishments belonging to the red cross society; or

    (3) the places where the red cross society develops activities meeting
with its purpose.

    Article 16  The indicative red cross signs may be used on any of the
following articles or conveyance:

    (1) the badge, medal or insignia of the red cross society;

    (2) the printed matters or propaganda material of the red cross society; or

    (3) the first-aid or relief material and conveyance of the red cross
society.

    Article 17  If indicative red cross signs are needed to be used exceeding
the extent described in these Provisions, approval shall be obtained from Head
Office of the Red Cross Society.
Chapter IV  Prohibitive Use of Red Cross Signs

    Article 18  The red cross signs shall not used:

    (1) in the trademark or commercial advertisement;

    (2) by those other than the red cross society or the medical
establishments of non-armed force;

    (3) by medicine shop or veterinary station;

    (4) in the goods package;

    (5) in the mark of a company;

    (6) in a project design or product design; or

    (7) under other circumstances than those described in these Provisions
where the red cross signs may be used.
Chapter V  Penalties

    Article 19  To any of the following circumstances against these
Provisions, the red cross society shall be entitled to dissuade it and demand
stopping use; if anyone refuses to stop use, the red cross society may submit
to the people's government for ordering to stop use:

    (1) where the indicative red cross signs are used by other person than the
staff member, member, or youngsters member of the red cross society;

    (2) where the indicative red cross signs are used on or in the building
and other places which are not used by the red cross society;

    (3) where the indicative red cross signs are used by the medical
establishments which do not belong to the red cross society;

    (4) where the indicative red cross signs are used on the articles or
conveyance which do not belong to the red cross society; or

    (5) under other circumstances to use the red cross signs against these
Provisions.

    Article 20  Anyone who uses the red cross signs without authorization
against the provisions of Article 18 in these Provisions shall be ordered to
stop use, be confiscated with the illegal income and imposed upon a fine below
10,000 yuan by the people's government at or above county level.

    Article 21  Anyone who obstructs the staff member to carry out duties
according to the law shall be imposed upon administrative penalties for public
security or investigated for criminal responsibility according to the law.

    Article 22  Any organization or individual from the armed force who
violates these Provisions shall be dealt with by the relevant military
department.
Chapter VI  Supplementary Provisions

    Article 23  If there is anything concerning the protective use of red
cross signs not covered in these Provisions, the relevant provisions of Geneva
Convention and its appended agreements shall apply.

    Geneva Convention and its appended agreements described in the preceding
paragraph means the convention and agreements described in Article 27 of the
Law of the People's Republic of China on Red Cross Society.

    Article 24  These Provisions shall come into force as of the date of
promulgation.



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