Law of the People's Republic of China on National Defense (Revised in 2020)
Law of the People's Republic of China on National Defense (Revised in 2020)
Law of the People's Republic of China on National Defense (Revised in 2020)
Order of the President of the People's Republic of China No. 67
December 26, 2020
The Law of the People's Republic of China on National Defense, which was revised and adopted at the 24th session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on December 26, 2020, is hereby promulgated and shall come into effect as of January 1, 2021.
Xi Jinping, President of the People's Republic of China
Law of the People's Republic of China on National Defense (Revised in 2020)
(Adopted at the fifth session of the eighth National People's Congress on March 14, 1997, amended in accordance with the Decision on Amending Certain Laws made at the tenth session of the Standing Committee of the 11th National People's Congress on August 27, 2009, and revised at the 24th session of the Standing Committee of the 13th National People's Congress on December 26, 2020)
Table of Contents
Chapter I General Provisions
Chapter II Functions and Powers of State Agencies in National Defense
Chapter III Armed Forces
Chapter IV Defense of the Frontiers, Seas, Air Space and Other Major Security Areas
Chapter V National Defense Scientific Research & Production and Military Procurement
Chapter VI National Defense Expenditures and Assets
Chapter VII National Defense Education
Chapter VIII National Defense Mobilization and State of War
Chapter IX Obligations and Rights of Citizens and Organizations Concerning National Defense
Chapter X Obligations, Rights and Interests of Servicemen
Chapter XI Foreign Military Relations
Chapter XII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution with a view to building up and consolidating national defense, ensuring the smooth progress of the reform and opening up and the socialist modernization, and realizing the great rejuvenation of the Chinese nation.
Article 2 This Law shall apply to military activities carried out by the State to prepare against and resist aggression, thwart armed subversion and disunion, safeguard the national sovereignty, reunification, territorial integrity, security and development interests of China, as well as military-related activities in the political, economic, diplomatic, scientific & technological and educational fields, etc.
Article 3 National defense provides a safeguard for the survival and development of the country.
The State shall reinforce its armed forces, strengthen the defense of its frontiers, seas, air space and other major security areas, develop national defense scientific research & production, make national defense education universal among all citizens, improve the national defense mobilization system, and realize the modernization of national defense.
Article 4 It is a requirement to, in national defense activities, be guided by Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of “Three Represents”, the Scientific Outlook on Development, and Xi Jinping's Thought on Socialism with Chinese Characteristics for a New Era, implement Xi Jinping's Thought on Strengthening the Army, pursue a holistic approach to national security, and implement the military strategy for the new era so as to build consolidated national defense and a powerful armed force commensurate with China's international status and suitable for its national security and development interests.
Article 5 The State shall exercise unified leadership over national defense activities.
Article 6 The People's Republic of China pursues a national defense policy that is defensive in nature, builds up and consolidates national defense on the principles of independence and self-reliance, implements active defense, and upholds national defense for all.
The State adheres to the coordinated, balanced and compatible development of economic construction and national defense construction, carries out national defense activities in accordance with the law, and is accelerating the modernization of national defense and the military, thus realizing the unity of a prosperous country and a powerful military.
Article 7 It is the sacred duty of each and all citizens of the People's Republic of China to defend the motherland and resist aggression.
Citizens of the People's Republic of China shall perform their obligations concerning national defense in accordance with the law.
All state organs and armed forces, all political parties and people's organizations, enterprises and public institutions, social organizations and other organizations shall support and legally take part in national defense construction, perform their national defense duties and complete their national defense tasks.
Article 8 The State and society shall respect and give preferential treatment to servicemen, protect their status and legitimate rights and interests, and carry out activities in various forms to support the army and give preferential treatment to the families of servicemen, thus making the military become a profession respected by the whole of society.
The Chinese People's Liberation Army and the Chinese People's Armed Police Force shall carry out activities to support the government and cherish the people, thus strengthening the unity between the army and the government and between the army and the people.
Article 9 The People's Republic of China actively promotes international military exchanges and cooperation, safeguards world peace and opposes acts of aggression and expansion.
Article 10 All organizations and individuals that have made contributions in national defense activities shall be commended and rewarded in accordance with pertinent laws and regulations.
Article 11 All organizations and individuals that refuse to fulfill their obligations concerning national defense or jeopardize the interests of national defense in violation of this Law and other pertinent laws shall be investigated for legal liabilities in accordance with the law.
Any public official who abuses his power, neglects his duty or engages in malpractices for personal gains in national defense activities shall be investigated for legal liabilities in accordance with the law.
Chapter II Functions and Powers of State Agencies in National Defense
Article 12 The National People's Congress shall, in accordance with the Constitution, decide on issues of war and peace and exercise other functions and powers with respect to national defense as prescribed by the Constitution.
The Standing Committee of the National People's Congress shall, in accordance with the Constitution, decide on the declaration of a state of war and on general or partial mobilization in the country, and exercise other functions and powers with respect to national defense as prescribed by the Constitution.
Article 13 The President of the People's Republic of China shall, in accordance with the decisions of the National People's Congress or its Standing Committee, declare a state of war, issue mobilization orders, and exercise other functions and powers with respect to national defense as prescribed by the Constitution.
Article 14 The State Council shall lead and administer national defense construction and exercise the following functions and powers:
1. formulate relevant development planning and plans for national defense construction;
2. formulate relevant policies and administrative regulations concerning national defense construction;
3. lead and administer national defense scientific research & production;
4. administer national defense expenditures and assets;
5. lead and administer the national economic mobilization and the construction, organization and implementation of civil air defense, national defense transportation and other fields;
6. lead and administer the work of supporting the army and giving preferential treatment to the families of servicemen and the work of ex-servicemen guarantee;
7. exercise leadership jointly with the Central Military Commission over the building of the militia and the conscription work, and administer the defense of the frontiers, seas, air space and other major security areas; and
8. other functions and powers concerning national defense construction as prescribed by the law.
Article 15 The Central Military Commission shall lead all the armed forces of the country and exercise the following functions and powers:
1. exercise unified command of all the armed forces of the country;
2. decide on military strategies and operational principles for the armed forces;
3. lead and administer the building of the Chinese People's Liberation Army and the Chinese People's Armed Police Force, formulate planning and plans, and organize the implementation thereof;
4. submit proposals to the National People's Congress or its Standing Committee;
5. formulate military regulations, and issue decisions and orders in accordance with the Constitution and other pertinent laws;
6. decide on the system and organization for the Chinese People's Liberation Army and the Chinese People's Armed Police Force, and specify the tasks and duties of general departments of the Central Military Commission, theaters of operations, services and arms and the Chinese People's Armed Police Force, etc.;
7. appoint, dismiss, train, appraise, reward and punish members of the armed forces in accordance with pertinent laws and military regulations;
8. decide on the system for weapons and equipment of the armed forces, formulate development planning and plans for weapons and equipment, and work together with the State Council in leading and administering national defense scientific research & production;
9. administer national defense expenditures and assets jointly with the State Council;
10. lead and administer the mobilization of the people's armed forces and the reserve work;
11. organize and develop international military exchanges and cooperation; and
12. other functions and powers as prescribed by the law.
Article 16 The Central Military Commission shall implement a responsibility system with a chairman.
Article 17 The State Council and the Central Military Commission shall establish a coordination mechanism to resolve major problems concerning national defense.
......
Order of the President of the People's Republic of China No. 67
December 26, 2020
The Law of the People's Republic of China on National Defense, which was revised and adopted at the 24th session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on December 26, 2020, is hereby promulgated and shall come into effect as of January 1, 2021.
Xi Jinping, President of the People's Republic of China
Law of the People's Republic of China on National Defense (Revised in 2020)
(Adopted at the fifth session of the eighth National People's Congress on March 14, 1997, amended in accordance with the Decision on Amending Certain Laws made at the tenth session of the Standing Committee of the 11th National People's Congress on August 27, 2009, and revised at the 24th session of the Standing Committee of the 13th National People's Congress on December 26, 2020)
Table of Contents
Chapter I General Provisions
Chapter II Functions and Powers of State Agencies in National Defense
Chapter III Armed Forces
Chapter IV Defense of the Frontiers, Seas, Air Space and Other Major Security Areas
Chapter V National Defense Scientific Research & Production and Military Procurement
Chapter VI National Defense Expenditures and Assets
Chapter VII National Defense Education
Chapter VIII National Defense Mobilization and State of War
Chapter IX Obligations and Rights of Citizens and Organizations Concerning National Defense
Chapter X Obligations, Rights and Interests of Servicemen
Chapter XI Foreign Military Relations
Chapter XII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution with a view to building up and consolidating national defense, ensuring the smooth progress of the reform and opening up and the socialist modernization, and realizing the great rejuvenation of the Chinese nation.
Article 2 This Law shall apply to military activities carried out by the State to prepare against and resist aggression, thwart armed subversion and disunion, safeguard the national sovereignty, reunification, territorial integrity, security and development interests of China, as well as military-related activities in the political, economic, diplomatic, scientific & technological and educational fields, etc.
Article 3 National defense provides a safeguard for the survival and development of the country.
The State shall reinforce its armed forces, strengthen the defense of its frontiers, seas, air space and other major security areas, develop national defense scientific research & production, make national defense education universal among all citizens, improve the national defense mobilization system, and realize the modernization of national defense.
Article 4 It is a requirement to, in national defense activities, be guided by Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of “Three Represents”, the Scientific Outlook on Development, and Xi Jinping's Thought on Socialism with Chinese Characteristics for a New Era, implement Xi Jinping's Thought on Strengthening the Army, pursue a holistic approach to national security, and implement the military strategy for the new era so as to build consolidated national defense and a powerful armed force commensurate with China's international status and suitable for its national security and development interests.
Article 5 The State shall exercise unified leadership over national defense activities.
Article 6 The People's Republic of China pursues a national defense policy that is defensive in nature, builds up and consolidates national defense on the principles of independence and self-reliance, implements active defense, and upholds national defense for all.
The State adheres to the coordinated, balanced and compatible development of economic construction and national defense construction, carries out national defense activities in accordance with the law, and is accelerating the modernization of national defense and the military, thus realizing the unity of a prosperous country and a powerful military.
Article 7 It is the sacred duty of each and all citizens of the People's Republic of China to defend the motherland and resist aggression.
Citizens of the People's Republic of China shall perform their obligations concerning national defense in accordance with the law.
All state organs and armed forces, all political parties and people's organizations, enterprises and public institutions, social organizations and other organizations shall support and legally take part in national defense construction, perform their national defense duties and complete their national defense tasks.
Article 8 The State and society shall respect and give preferential treatment to servicemen, protect their status and legitimate rights and interests, and carry out activities in various forms to support the army and give preferential treatment to the families of servicemen, thus making the military become a profession respected by the whole of society.
The Chinese People's Liberation Army and the Chinese People's Armed Police Force shall carry out activities to support the government and cherish the people, thus strengthening the unity between the army and the government and between the army and the people.
Article 9 The People's Republic of China actively promotes international military exchanges and cooperation, safeguards world peace and opposes acts of aggression and expansion.
Article 10 All organizations and individuals that have made contributions in national defense activities shall be commended and rewarded in accordance with pertinent laws and regulations.
Article 11 All organizations and individuals that refuse to fulfill their obligations concerning national defense or jeopardize the interests of national defense in violation of this Law and other pertinent laws shall be investigated for legal liabilities in accordance with the law.
Any public official who abuses his power, neglects his duty or engages in malpractices for personal gains in national defense activities shall be investigated for legal liabilities in accordance with the law.
Chapter II Functions and Powers of State Agencies in National Defense
Article 12 The National People's Congress shall, in accordance with the Constitution, decide on issues of war and peace and exercise other functions and powers with respect to national defense as prescribed by the Constitution.
The Standing Committee of the National People's Congress shall, in accordance with the Constitution, decide on the declaration of a state of war and on general or partial mobilization in the country, and exercise other functions and powers with respect to national defense as prescribed by the Constitution.
Article 13 The President of the People's Republic of China shall, in accordance with the decisions of the National People's Congress or its Standing Committee, declare a state of war, issue mobilization orders, and exercise other functions and powers with respect to national defense as prescribed by the Constitution.
Article 14 The State Council shall lead and administer national defense construction and exercise the following functions and powers:
1. formulate relevant development planning and plans for national defense construction;
2. formulate relevant policies and administrative regulations concerning national defense construction;
3. lead and administer national defense scientific research & production;
4. administer national defense expenditures and assets;
5. lead and administer the national economic mobilization and the construction, organization and implementation of civil air defense, national defense transportation and other fields;
6. lead and administer the work of supporting the army and giving preferential treatment to the families of servicemen and the work of ex-servicemen guarantee;
7. exercise leadership jointly with the Central Military Commission over the building of the militia and the conscription work, and administer the defense of the frontiers, seas, air space and other major security areas; and
8. other functions and powers concerning national defense construction as prescribed by the law.
Article 15 The Central Military Commission shall lead all the armed forces of the country and exercise the following functions and powers:
1. exercise unified command of all the armed forces of the country;
2. decide on military strategies and operational principles for the armed forces;
3. lead and administer the building of the Chinese People's Liberation Army and the Chinese People's Armed Police Force, formulate planning and plans, and organize the implementation thereof;
4. submit proposals to the National People's Congress or its Standing Committee;
5. formulate military regulations, and issue decisions and orders in accordance with the Constitution and other pertinent laws;
6. decide on the system and organization for the Chinese People's Liberation Army and the Chinese People's Armed Police Force, and specify the tasks and duties of general departments of the Central Military Commission, theaters of operations, services and arms and the Chinese People's Armed Police Force, etc.;
7. appoint, dismiss, train, appraise, reward and punish members of the armed forces in accordance with pertinent laws and military regulations;
8. decide on the system for weapons and equipment of the armed forces, formulate development planning and plans for weapons and equipment, and work together with the State Council in leading and administering national defense scientific research & production;
9. administer national defense expenditures and assets jointly with the State Council;
10. lead and administer the mobilization of the people's armed forces and the reserve work;
11. organize and develop international military exchanges and cooperation; and
12. other functions and powers as prescribed by the law.
Article 16 The Central Military Commission shall implement a responsibility system with a chairman.
Article 17 The State Council and the Central Military Commission shall establish a coordination mechanism to resolve major problems concerning national defense.
......