Regulations on National Defense Mobilization of Civil Transport Resources [Revised]

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

Order of the State Council and the Central Military Committee

(No.391)

The Regulations on National Defense Mobilization of Civil Transport Resources is now promulgated, which will take effect as of January 1, 2004.

Premier of the State Council Wen Jiabao

President of the Central Military Committee Jiang Zemin

Regulations on National Defense Mobilization of Civil Transport Resources

Chapter I General Provisions

Article 1 The present regulations are formulated according to the National Defense Law of the People's Republic of China and other relevant laws for the purpose of defending state sovereignty, upholding national unity and territorial integrity, maintaining national security, and guaranteeing effective organization and implementation of national defense mobilization of civil transport resources.

Article 2 The national defense mobilization of civil transport resources includes mobilization preparation and mobilization implementation.

In case of war or under special circumstances in peacetime, the State shall, according to the actual needs of national defense mobilization and according to law, be entitled to organize and expropriate in a unified form civil vehicles and other relevant equipment, facilities and manpower owned or managed by government agencies, social organizations, enterprises, government-sponsored institutions and individual citizens (hereinafter referred to as entities and individuals).

The State shall make preparation for the national defense mobilization of civil transport resources in peacetime to raise mobilization potential and to guarantee the national defense mobilization need for civil transport resources in case of war or under special circumstances in peacetime.

Article 3 Any entity or individual who owns or manages civil transport resources shall perform the obligation of national defense mobilization thereof.

Those who suffer from direct property losses or personnel casualties because of performing the obligation of national defense mobilization of civil transport resources shall have the right to receive compensations and pensions according to law.

Article 4 The state national defense mobilization body led by the State Council and the Central Military Committee shall be responsible for organizing and leading the national defense mobilization of civil transport resources across the country.

The national defense mobilization bodies in military areas shall be responsible for the national defense mobilization of civil transport resources within their own areas.

The local national defense mobilization bodies on the county level and above shall be responsible for the national defense mobilization of civil transport resources within their own administrative regions.

Article 5 The state national defense communications administration shall be responsible for the specific implementation of the national defense mobilization of civil transport resources across the country.

The national defense communications administrations in military areas shall be responsible for the specific implementation of the national defense mobilization of civil transport resources within their respective areas.

The local national defense communications administrations on the county level and above shall be responsible for the specific implementation of national defense mobilization of civil transport resources within their own administrative regions.

Article 6 National economy mobilization bodies and civil armed forces mobilization bodies on various levels, communications and transportation administrations under the People's Government on the county level and above, and other relevant departments shall be responsible for the relevant national defense mobilization of civil transport resources according to their respective responsibilities.

Article 7 The People's Government on the county level and above shall take effective measures to strengthen the preparation work for the national defense mobilization of civil transport resources, place the preparation work thereof into the national economic and social development plan, raise mobilization potential, support, supervise and urge relevant departments to perform their responsibilities according to law, and shall fulfill all the work related to the national defense mobilization of civil transport resources.

Article 8 The State encourages entities and individuals to build, purchase and operate civil vehicles and relevant equipment that can be used both in wartime and in peacetime, and shall give support to these entities and individuals according to relevant regulations.

Article 9 Entities and individuals that make outstanding contributions in the national defense mobilization of civil transport resources by any of the following ways shall be honored and rewarded according to the relevant regulations of the State or of local administrative regions:

(1) providing civil transport resources with great importance or in urgent need , which plays an outstanding role in supporting military activities;

(2) making outstanding achievements in organizing and conducting the national defense mobilization of civil transport resources;

(3) carrying out firmly the orders of national defense mobilization of civil transport resources, solving problems and difficulties, and fulfilling tasks perfectly;

(4) fighting bravely against behaviors that disturb or destroy the national defense mobilization of civil transport resources, for which serious losses are avoided;

(5) having magnificent inventions in the implementation of national defense demand or in the reinforcement and innovation of civil vehicles and relevant equipment, which brings notable military or economic benefits.

Chapter II Preparation for the National Defense Mobilization of Civil Transport Resources

Article 10 The state national defense communications administration shall, jointly with the state national economy mobilization body, the communications and transportation administration and other departments under the State Council, and with relevant departments of the army, work out a general plan for the implementation of the national defense demand on newly-built civil vehicles and other relevant equipment, according to the designing and building situation of civil vehicles and other relevant equipment and based on principles of focusing on the key point and paying more attention on the actual effect, and report the plan to the state national defense mobilization body for approval.

The state national economy mobilization body shall, according to the approved general plan, work out specific plans for the implementation of the national defense mobilization demand on newly-built civil vehicles and other relevant equipment, and shall organize to carry out such plans.

Article 11 The communications and transportation administration and other relevant departments under the State Council, as well as the People's Government of all competent provinces, autonomic regions, and municipalities directly under the Central Government, shall, within their own sector or administrative region, strengthen management on and supervision over the implementation work of national defense demand on designing and building civil vehicles and other relevant equipment, shall give policy and technique support to entities and individuals that undertake the designing or building tasks, and shall guarantee the effective implementation of the relevant national defense demand.

Article 12 The entities and individuals that design or build civil vehicles and other relevant equipment as listed in the specific plan for the implementation of national defense demand must strictly conform to designing standards and technical specifications of the implementation of national defense demand in their designing or building work.

The entities or individuals that invest to build civil vehicles and other relevant equipment may not baffle the designing or building activities of the designing or building entities or individuals for the implementation of national defense demands.

For the expenditure on the implementation of national defense demands while designing or building civil vehicles and other relevant equipment, the central financial department and local financial departments under the People's Government on the county level and above shall give appropriate subsidies. The specific measures shall be formulated by the state national defense communications administration together with the financial administration under the State Council.

Article 13 When the civil vehicles and other relevant equipment built for the implementation of national defense demands are completed and need to be checked for hand-over, the organization that set the task and other relevant national defense communications administration shall take part in the check and show their opinions. The civil vehicles and relevant equipment shall not be handed over for use until they are checked and proved to be acceptable, and are registered by the local national defense communications administration.

Article 14 Communications and transportation administrations, public safety communications administrations and other relevant departments under the People's Government on the county level and above shall, based on the yearly vehicle statistic, registration and examination work of their own sector and according to registration requirements about the national defense mobilization preparation for civil transport resources, submit annually to the national defense communications administrations at the same level the relevant materials and condition descriptions about the civil transport resources registered last year before each Jan 31.

If the submitted materials and descriptions about civil transport resources do not conform to the specified requirements, the national defense communications administrations may ask the relevant departments mentioned in the proceeding paragraph to submit new ones according to specified requirements, which the relevant departments may not refuse.

Article 15 National defense communications administrations on various levels shall assort and coordinate the materials and condition descriptions about civil transport resources, keep them well in archival files, and update them in time. The national defense communications administrations on lower levels shall, according to the requirements about the national defense mobilization of civil transport resources, submit condition descriptions about civil transport resources of their own regions to the national defense communications administration at the next higher level; where applicable, they shall inform the relevant departments of the army of the civil transport resources condition of their own regions.

The national defense communications administrations as well as the relevant informed departments of the army have the obligation to keep confidential the materials and condition descriptions about civil transport resources.

Article 16 Armies, People's armed police troops and the militia organizations shall, according to their respective tasks, estimate the need for national defense mobilization of civil transport resources, and submit details, such as type, quantity, technical requirements, etc., of the demanded civil vehicles and relevant equipment to the relevant national defense communications administrations according to the specified procedures.

Article 17 National defense communications administrations shall work out the preparative plan of national defense mobilization of civil transport resources according to civil transport resources situation and the needs of the entities that use such resources.

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