National Defense Mobilization Law of the People's Republic of China [Effective]

Source:MOD Editor:Huang Panyue 2017-03-03

Order of the President of the People's Republic of China

(No.25)

The National Defense Mobilization Law of the People's Republic of China, which was adopted at the 13th meeting of the Standing Committee of the 11th National People's Congress of the People's Republic of China on February 26, 2010, is hereby promulgated, and shall come into force on July 1, 2010.

Hu Jintao, President of the People's Republic of China

February 26, 2010

National Defense Mobilization Law of the People's Republic of China

(Adopted at the 13th Meeting of the Standing Committee of the 11th National People's Congress of the People's Republic of China on February 26, 2010)

Contents

Chapter I General Provisions

Chapter II Organizing and Leading Organs and the Functions and Powers Thereof

Chapter III National Defense Mobilization Plans, Enforcement Schedules and Potentiality Statistical Surveys

Chapter IV Construction Projects and Key Products Closely Related to National Defense

Chapter V Reservation and Recruitment of Reservists

Chapter VI Reservation and Use of Strategic Materials

Chapter VII Guarantee for Scientific Research, Production and Maintenance of Military Articles

Chapter VIII Prevention and Relief of War Disasters

Chapter IX National Defense Services

Chapter X Requisition of and Compensation for Civil Resources

Chapter XI Publicity and Education

Chapter XII Special Measures

Chapter XIII Legal Responsibility

Chapter XIV Supplementary Provisions

Chapter I General Provisions

Article 1 To strengthen national defense, improve the national defense mobilization system, guarantee the smooth going of the national defense mobilization work, and maintain the national sovereignty, unification, territorial integrity and security, this Law is formulated pursuant to the Constitution.

Article 2 This Law shall apply to the preparation, enforcement and other relevant activities of national defense mobilization.

Article 3 The state shall strengthen national defense mobilization, establish a national defense mobilization system which meets the demands for national defense security, adapts to economic and social development and connects with the emergency response system, and enhance the national defense mobilization capability.

Article 4 National defense mobilization shall stick to the policies of combining civil with military, combining peacetime production with wartime production and embedding military in civilian, and follow the principles of unified leadership, participation by the entire people, long-term preparation, emphasis on the construction of key projects, overall consideration, orderliness and high efficiency.

Article 5 Citizens and organizations should accomplish the national defense mobilization preparations during peacetime and, after the state decides to initiate national defense mobilization, accomplish the national defense mobilization tasks assigned to them.

Article 6 The state will guarantee the national defense mobilization expenses. Such expenses shall be brought into the central fiscal budget and the local fiscal budget according to the division of power and duties between the central and local governments.

Article 7 The state will commend and reward entities and individuals that make outstanding contributions to the national defense mobilization work.

Chapter II Organizing and Leading Organs and The Functions and Powers Thereof

Article 8 Where the sovereignty, unity, territorial integrity or security of the state is threatened, the Standing Committee of the National People's Republic of China shall decide a general or partial mobilization pursuant to the Constitution and other relevant laws. The Chairman of the state will issue a mobilization order in accordance with the decision of the Standing Committee of the National People's Congress.

Article 9 The State Council and the Central Military Commission shall jointly lead the national defense mobilization work of the whole country, make guidelines, policies and regulations for the national defense mobilization work, submit nationwide or regional mobilization proposals to the Standing Committee of the National People's Congress and, based on the decision of the Standing Committee of the National People's Congress and the mobilization order issued by the Chairman of the state, effect the national defense mobilization.

Where countermeasures need to be taken immediately when the sovereignty, unity, territorial integrity or security of the state is threatened, the State Council and the Central Military Commission may, for purposes of emergency response, take necessary national defense mobilization measures as prescribed in this Law and report to the Standing Committee of the National People's Congress.

Article 10 The local people's governments shall carry out the guidelines, policies, laws and regulations governing the national defense mobilization work and, after the state decides to initiate national defense mobilization, carry it out within their respective administrative regions based on their tasks assigned by the higher authorities.

The local people's governments at or above the county level shall manage the national defense mobilization work in their respective administrative regions within the limits of power delegated by law.

Article 11 The relevant departments of the people's governments at or above the county level and the relevant departments of the Army shall bear responsibilities for the national defense mobilization work within their scope of duties.

Article 12 The National Defense Mobilization Committee of the state shall be responsible for organizing, directing and coordinating the national defense mobilization work of the whole nation under the leadership of the State Council and the Central Military Commission. Matters it has decided pursuant to the prescribed powers and procedures shall be enforced by the relevant departments of the State Council and the Central Military Commission within their respective duties. The national defense mobilization councils in the military area and the local national defense mobilization councils at or above the county level shall organize, direct and coordinate the national defense mobilization work within their respective regions.

Article 13 The working body of a national defense mobilization council shall handle the routine work of the council and perform the relevant national defense mobilization duties according to law.

Article 14 After the threat over the sovereignty, unification, territorial integrity or security of the state is eliminated, the national defense mobilization measures shall be lifted according to the powers and procedures for deciding the initiation of national defense mobilization.

Chapter III National Defense Mobilization Plans, Enforcement Schedules and Potentiality Statistical Surveys

Article 15 The state makes plans, enforcement schedules and potentiality statistical surveys for the national defense mobilization work.

Article 16 The national defense mobilization plans and enforcement schedules shall be prepared according to the national defense mobilization guidelines and principles, national defense mobilization potentialities and military needs. The military needs shall be proposed by the relevant departments of the Army by the prescribed powers and procedures.

The national defense mobilization enforcement schedules and the emergency response plans shall support each other with regard to command, use of force, information, safeguards, etc.

Article 17 The preparation, examination and approval of the national defense mobilization plans and enforcement schedules at different levels shall be governed by the relevant state provisions.

Article 18 The people's governments at or above the county level shall bring the relevant contents of the national defense mobilization work into their national economic and social development plans. The relevant departments of the Army shall bring the national defense mobilization enforcement schedules into their war preparedness planning.

The relevant departments of the people's governments at or above the county level and those of the Army shall implement the national defense mobilization plans and enforcement schedules according to their respective duties.

Article 19 The statistical body and other relevant departments of a people's government at or above the county level shall accurately and timely provide the relevant statistics to the working body of the national defense mobilization council at the same level when the national defense mobilization work so requires. If the statistics are not enough to meet the actual needs, the working body of the national defense mobilization council may launch an ad hoc statistical survey on national defense mobilization potentialities under the Statistics Law of the People's Republic of China and the relevant state provisions.

Article 20 The state establishes evaluation and inspection systems on the implementation of the national defense mobilization plans and enforcement schedules.

Chapter IV Construction Projects and Key Products Closely Related to National Defense

Article 21 For purposes of national defense mobilization, construction projects and key products which are closely related to national defense shall meet the national defense requirements and possess the national defense functions.

Article 22 A catalogue of construction projects and key products which are closely related to national defense shall be drafted by the economic development administrative department of the State Council together with other relevant departments of the State Council and the relevant departments of the Army and be submitted to the State Council and the Central Military Commission for approval.

The military needs for the construction projects and key products in the said catalogue shall be determined by the relevant departments of the Army. In the examination and approval of construction projects and the design of key products, the relevant departments under the people's governments at or above the county level shall invite the comment of the relevant departments of the Army.

Article 23 The construction projects and key products in the catalogue shall be designed, produced, constructed, supervised and checked according to the relevant laws and administrative regulations as well as the technical norms and standards which carry out the national defense requirements so as to guarantee the quality of the projects and products.

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