People's Republic Of China National Defense Mobilization Law

Original Language Title: 中华人民共和国国防动员法

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People's Republic of China President, the 25th

                   People's Republic of China National Defense mobilization law by the People's Republic of China the 13th meeting of the Standing Committee of the 11th NPC on February 26, 2010, are hereby promulgated and, as of July 1, 2010.

                            People's Republic of China President Hu Jintao

The February 26, 2010

People's Republic of China National Defense mobilization law

(February 26, 2010 adopted at the 13th session of the Standing Committee of the 11th NPC)

Directory

Chapter I General provisions

Chapter II Organization and terms of reference

Chapter survey of national defense mobilization plans, implementation plans and potential

Fourth chapter is related to defence construction projects and important products

Fifth chapter reserves for reserve personnel and recruitment

Sixth chapter strategic material reserves and calls

Seventh chapter of military scientific research, production and maintenance support

War of the eighth chapter of disaster prevention and relief

Nineth chapter national defence service

The tenth chapter civilian resource expropriation and compensation

The 11th chapter education

Special measures for the 12th chapter

13th chapter legal liability

14th chapter by-laws

Chapter I General provisions

First in order to strengthen the construction of national defense, improve the national defense mobilization system, ensuring smooth progress of national defense mobilization work, and safeguarding the State sovereignty, unity, territorial integrity and security in accordance with the Constitution, this law is enacted.

Second national defense mobilization preparation and implementation and related activities governed by this law.

Third countries to strengthen national defense mobilization building, establish and improve the national security needs of economic and social development, and coordinated and dovetailed with the emergency response mechanism of the mobilization system for national defense, strengthen national defense mobilization capacity.

Fourth National Defense mobilization uphold in peacetime, military and civilian combined purposes and combine military efforts with civilian approach, follow the unified leadership, popular participation, the long-term preparation, key projects, and an integrated and orderly and efficient principles.

Five citizens and organizations shall be completed in accordance with law on national defense mobilization in peacetime preparations; after the country decided to implement national defense mobilization should accomplish its mandated task of national defense mobilization. Sixth national security requirements for national defense mobilization.

Funds in accordance with the principle of the Division of the national defense mobilization, respectively in the Central and local budgets.

Article seventh States to have made outstanding contributions to the work of national defense mobilization of citizens and organizations, recognition and rewards.

Chapter II Organization and terms of reference Eighth national sovereignty, unity, territorial integrity and security threats, the Standing Committee of the national people's Congress in accordance with the provisions of the Constitution and other relevant laws, to decide on general mobilization or partial mobilization.

President, according to the decision of the Standing Committee of the national people's Congress, promulgates.

Nineth State Council and the Central Military Commission jointly led the country's national defense mobilization, development of guidelines, policies and regulations of national defense mobilization work, to the Standing Committee of the national people's Congress proposed a motion to implement the general mobilization or partial mobilization, and released according to the decision of the Standing Committee of the national people's Congress and President of the mobilization order, organize implementation of national defense mobilization.

National sovereignty, unity, territorial integrity and security while under direct threat must take immediate measures, State Council and the Central Military Commission, according to the emergency needs of national defense mobilization of the necessary measures provided for in this law and to report to the Standing Committee of the national people's Congress.

Article tenth of local people's Governments should follow-up to and implementation of the national defense mobilization work principles, policies, laws and regulations; after the country decided to implement national defense mobilization should be based on national defense mobilization tasks assigned by the superior, organize the administrative implementation of national defense mobilization.

Local people's Governments at or above the county level in accordance with permissions to manage the legal boundaries for national defense mobilization.

11th people's Governments above the county level authorities and relevant military departments within the scope of their respective duties, responsible for the work of national defense mobilization. 12th National Defense Mobilization Committee at the State Department, under the leadership of the Central Military Commission, is responsible for organizing, guiding, and coordinating the work of national defense mobilization; according to the rules agreed upon by the authority and procedures, by relevant departments of the State Council and the Central Military Commission in accordance with their respective responsibilities organization and implementation.

Military national defense mobilization Committee, the local national defense mobilization committees at or above the county level shall be responsible for organizing, guiding, and coordinating the work of national defense mobilization in the region.

13th National Defense Mobilization Committee offices to undertake the level of the daily work of National Defense Mobilization Committee, to perform their duties relating to the national defense mobilization.

14th State sovereignty, unity, territorial integrity and the security threat is eliminated, should be implemented in accordance with decision of the national defense mobilization competence and the procedure for lifting the measures implementing the national defense mobilization.

Chapter survey of national defense mobilization plans, implementation plans and potential

15th State applies national defense mobilization plan, implementation plan, and the national defense mobilization system of national defense mobilization potential survey. 16th National Defense mobilization plan and implementation plan for the national defense mobilization, according to national defense mobilization policy and principle, potential and military requirements for the preparation of national defense mobilization.

Military requirement by the military authorities in accordance with the limits of authority and procedures.

Implementation plan for the national defense mobilization and emergency preparedness should be in command, power use, information and support each other.

17th levels of national defense mobilization planning and preparation and approval of the implementation plan for the national defense mobilization, in accordance with the relevant provisions of the State. 18th National Defense mobilization should the people's Governments above the county level shall be incorporated into the national economic and social development plan.

The relevant military departments the implementation plan for the national defense mobilization should be included in the strategic plan.

People's Governments above the county level and their departments and relevant military departments shall, in accordance with the responsibility to implement the national defense mobilization plan and implementation plan for the national defense mobilization. 19th the people's Governments above the county level shall statistical offices and other relevant departments shall, in accordance with the needs of national defense mobilization and accurate in a timely manner to the level of the National Defense Mobilization Committee offices providing relevant statistical information.

When providing statistical information meet your needs, offices of the National Defense Mobilization Committee in accordance with the People's Republic of China Statistics Act and relevant regulations of the State national defense mobilization potential special statistical investigations.

20th country to establish national defense mobilization plan and the review of the implementation of the implementation plan for the national defense mobilization system.

Fourth chapter is related to defence construction projects and important products

Article 21st according to the needs of national defense mobilization, closely associated with defence construction projects should be implemented and important product of the national defense requirements have defense capabilities.

22nd is closely related to defence construction projects and important product catalog, General Administration for economic development by the State Council in conjunction with the other relevant departments and relevant military departments to develop, and submitted to the State Council and the Central Military Commission for approval.

Included in the list of building projects and important products, their military needs proposed by the relevant military departments; the construction of project examination and approval, approval and when the important product design, competent departments shall, in accordance with the provisions of the people's Governments above the county level to seek the views of the relevant military departments.

23rd be added to list of building projects and important products, shall, in accordance with the relevant laws and administrative rules and regulations and carry out the requirements of national defense technical specifications and standards for the design, production, construction, supervision and acceptance, ensure the quality of construction projects and important products.

24th enterprises and institutions to invest or participate in investment construction projects included in the list of construction or major product research, development, manufacture, in accordance with relevant laws, administrative regulations and the relevant provisions of the State and enjoy subsidies or other preferential policies.

25th people's Governments above the county level should be included in the list of construction projects and important products carry out defense work to provide guidance and policy support, departments shall, in accordance with the responsibility to the management.

Fifth chapter reserves for reserve personnel and recruitment

26th State practices reservists and reserve system.

Countries according to the needs of national defense mobilization, in accordance with the principles of proper, scientific structure, reasonable layout, reserves required of reservists.

The State Council and the Central Military Commission in accordance with the needs of national defense mobilization, and determine the size, type and manner of reservists reserve.

27th reserve personnel in accordance with the principles of specialties, facilitate the mobilization, pre-programmed into the active force, into the reserve forces, into the reserve militia or any other form of.

Countries according to the needs of national defense mobilization, establishing specialized technical reserve soldiers reserve area. National training for the reservists and reserve for condition and security.

Reserve officers shall participate in training. 28th local military service organs of the people's Government at or above the county level shall be responsible for organizing the implementation of the administrative reserves for reserve personnel.

Relevant departments of the local people's Governments at or above the county level, reservists Township (town) people, neighborhood offices or enterprises and institutions shall assist the military service organs with the reserve personnel reserve of the relevant work.

29th pre-programmed to active duty troops and reservists into the reserve forces, scheduled to recruit other reservists, leaving the reserve is registered for more than one month should be reported to their reserve military service registration authorities.

Article 30th after the country decided to implement national defense mobilization, the military service organs of the people's Governments at the county level should according to superior's orders, and notice given to the call-up of reservists called up quickly.

Received a call up reservists should be in accordance with the notice requirements of the notice, to a specific place.

31st has been called up reservists in units should assist the reservists called up for military service.

Units and individuals engaged in transportation, should be given priority delivery of call-up of reservists.

Article 32nd after the country decided to implement national defense mobilization, scheduled to recruit reservists without County approval of the military authorities of their reserve is registered, shall not leave the reserve is registered; have been registered to leave the reserve, after receiving notice from the military service organs should be returned immediately or to a specific place.

Sixth chapter strategic material reserves and calls

33rd State practices meet the needs of national defense mobilization strategic reserve and call systems.

Strategic reserve is implemented by relevant departments under the State Council.

Article 34th assume control of strategic reserve units shall be in accordance with the relevant provisions and standards for storage and maintenance reserve materials, adjusted periodically replaced, ensure the efficiency and safety of stocks.
In accordance with the relevant provisions of the State subsidies given to assume control of strategic reserve units.

Invoked article 35th of strategic goods in accordance with the relevant provisions of the State.

After the country decided to implement national defense mobilization, strategic goods are called by the State Council and the Central Military Commission for approval.

36th reserve and other supplies required for national defense mobilization call, in accordance with the provisions of relevant laws and administrative regulations.

Seventh chapter of military scientific research, production and maintenance support

37th state to establish military mobilization system of scientific research, production, and maintenance support, according to the needs of wartime military orders and equipment support, reserve military scientific research, production, and maintenance support capability.

Military in this law, refers to military equipment, materials and production equipment, equipment and so on.

38th military scientific research, production and maintenance support ability type, layout and size of reserves, by the competent departments of the State Council in conjunction with the relevant departments of the army, a proposal submitted to the State Council and the Central Military Commission for approval after implementation.

39th article of military production, expand production and maintenance tasks should be based on the role of national defense mobilization tasks, required to reserve equipment, material, product, technology, build the necessary professional technical team, develop and refine plans and measures.

40th Governments at all levels should be supported and helped pay for production, expand the military tasks of production units of development and application of advanced dual-use technology, promotion of common technical standards, improve production, to expand production of military integrated support capabilities.

Relevant departments under the State Council shall set forth the major trans-regional, TRANS-production coordination, expand production of military tasks to implement and support. 41st article States decided to implement after the national defense mobilization, assume control of production, expand production of military units, should be in accordance with the national requirements for military contracts and production, to expand production, organization of military scientific research, production, ensuring military product quality, on-time delivery order, assist the army to complete maintenance tasks.

For military production, expand production to provide energy, materials, equipment, and accessory products unit, should give priority to meet the needs of production, to expand production of military products.

States take on production, expand the military tasks of production caused a direct economic loss of compensation.

War of the eighth chapter of disaster prevention and relief

42nd national disaster prevention and relief system of war, protect people's lives and property safety, guarantees potential and sustained mobilization of national defense mobilization capacity. 43rd national military, economic, social protection authority objectives and grading system.

Tiered protection standards prescribed by the State Council and the Central Military Commission.

Military, economic and social objectives and protection work of the authority, jointly organized by the people's Governments above the county level shall, in conjunction with relevant military organs implemented.

Article 44th of military, economic and social objectives unit authority and protection tasks, should develop a protection plan and emergency repair plan, organize protection drills, the implementation of protective measures, enhance the efficiency of comprehensive protection. 45th State set up in peacetime and the health-care system.

After the country decided to implement national defense mobilization, mobilization of medical and health personnel, call the medical supplies and equipment, guaranteed wartime medical care and epidemic prevention.

Article 46th after the country decided to implement national defense mobilization, the evacuation of personnel, material and hidden, in the administrative area, decided by the people's Governments at the corresponding level and implement; trans, shall be decided on jointly by the relevant administrative level and implementation.

Assume control of evacuation of personnel, materials and hidden units should be in accordance with the relevant decisions of the people's Government, in a specified time to complete the evacuation and hidden missions.

47th disasters of the war, local people's Governments should quickly start emergency rescue mechanism and organize forces to rescue the wounded, the reintegration of victims, protection of property, war as soon as possible the consequences of a disaster, restore normal production and life order.

War disaster personnel and organizations should take timely rescue and mutual measures, reducing the damage caused by the disaster of war.

Nineth chapter national defence service

48th after the State decided to implement national defense mobilization, according to the needs of national defense mobilization to implement the people's Governments above the county level, can be mobilized in accordance with the provisions of this law conditions of citizens and organizations to assume defense duties.

Defense duties in this law, refers to support military operations, prevention and relief in disasters of war, as well as assist in the task of maintaining social order.

49th 18 years old to 60 years old male and female citizens aged 18 to 55 years of age, should assume defense duties; but one of the following circumstances, from taking defense service:

(A) in nurseries, kindergartens and orphanages, nursing homes, rehabilitation agencies, shelters and other social welfare agencies engaged in the management and service of citizens;

(B) engaged in teaching in compulsory education schools, management and service of citizens;

(C) pregnant and breastfeeding women;

(D) the sick cannot afford defense duties of citizens;

(E) citizens incapable of working;

(Vi) in the United Nations and other international intergovernmental organizations serving citizens;

(VII) other people's Government above the county level from assume defense duties of the citizen.

Technicians with special expertise to take specific national defense duty, not subject to the age limits prescribed in the preceding paragraph. 50th person who has been determined to assume defense duties, shall obey the command and perform their duties, discipline and secrecy.

Person assigned to defence services units should provide necessary support and assistance.

51st transport, postal services, telecommunications, medicine and health, food and food supply, engineering, construction, energy, chemical, large-scale water conservancy facilities, civilian nuclear facilities, media, defence research and production, and municipal infrastructure support unit, it shall assume defense duties.

Units usually prescribed in the preceding paragraph shall, in accordance with professional counterparts, capable staff, emergency response and effective principles of formation of professional security team, training, joint exercises, improved ability to perform defence duties.

52nd citizens and organizations responsible for defence service, organized by the people's Governments above the county level are responsible for.

Responsible for prevention and relief of war disasters, help maintain public order duties of safeguarding citizens and professional team, under the command of the local people's Government, and to provide services and security; TRANS executive duties, by the relevant local people's Governments at or above the county level administrative regions to implement relevant safeguards.

Citizen and professional assigned to support Army combat service support team, under the command of military organs, with the service provided by the unit of force operations and security; other service provided by the local people's Governments and social security.

53rd to assume defense duties in the performance of duties, continue to enjoy the work of salaries, allowances and other benefits; no work unit, carried out by the local people's Governments at the county level reference to the militia combat service support subsidies subsidies; execution of national defense service casualty, by local people's Governments at the county level in accordance with the servicemen's pension benefits Ordinance and other relevant regulations on pensions and preferential treatments.

The tenth chapter civilian resource expropriation and compensation

54th State decided to implement after the national defense mobilization and stocks fail to meet mobilization needs, the people's Government above the county level may, in accordance with the expropriation of civilian resources.

Civilian resources referred to in this law, refers to all organizations and individuals or used for production, service, and life of the facilities, equipment, and other supplies.

55th article of any organizations and individuals have accepted the obligation to expropriate civilian resources according to law. Require the use of civilian resources of the people's Liberation Army in active service units and reserve forces, the Chinese people's armed police force and militia, should demand expropriation, organized by the local people's Governments at or above the county level unified requisition.

Local people's Governments at or above the county level shall be registered to expropriate civilian resources, documents issued by the person to be expropriated.

56th article following requisition of civilian resources from:

(A) items of personal and family life and a place to live;

(B) nurseries, kindergartens and orphanages, nursing homes, rehabilitation institutions, social welfare institutions such as shelters to protect children, the elderly, the disabled and the bailouts necessary items and a place to live;

(C) legal and administrative regulations provide an exemption from expropriation of other civilian resources.

57th according to military requirements is expropriate civilian resources needed to transform the, by the relevant local people's Governments at or above the county level shall, in conjunction with military organization. Undertake the reconstruction tasks shall use the units of the military requirements for reconstruction and rehabilitation programmes, and to guarantee punctual delivery.

Renovation requirements by the State.

Article 58th expropriate civilian resources are done using local people's Governments at or above the county level shall organize a return reformed, should restore the original function return cannot be repaired or destroyed, and the direct economic losses caused by the expropriation, compensation in accordance with the relevant provisions of the State.

59th Liberation Army active-duty troops and reservists, Chinese people's armed police forces, the militia for military exercises, training, need to expropriate civilian resources or take temporary control measures, in accordance with the relevant provisions of the State Council and the Central Military Commission.

The 11th chapter education 60th national defense mobilization of people's Governments at various levels shall organize publicity and education to enhance citizens ' awareness of national defense and to perform their defense duties of consciousness.

Relevant military organs shall assist in the publicity and education work of national defense mobilization.

61st State organs, social organizations, enterprises, institutions and grass-roots mass self-government organization should arrange for workers to learn and master the necessary defence knowledge and skills.

62nd Governments at all levels should use a variety of media and propaganda, patriotism and revolutionary heroism of citizens awareness, inspire the patriotic enthusiasm of the citizens, encouraging citizens to active war front, take a variety of forms of martyrs and condolence activities carried out, in accordance with the relevant provisions of the State do a good job on pensions and preferential treatments.

Press and publishing, radio, film and television, and Internet media, and other units, shall, in accordance with the requirements of national defense mobilization public education and related work.

Special measures for the 12th chapter

63rd after the State decided to implement national defense mobilization, as required, in implementation of the national defense mobilization law to take the following measures:

(A) financial, transportation, postal services, telecommunications, information, press and publishing, radio, film and television networks, energy, water supply, health and medicine, food and food supply controls, commercial trade industry;
(B) activities of the personnel, time, and materials, and their means of delivery in and out of unnecessary restrictions to the area;

(C) in State organs, social organizations, enterprises and institutions to carry out special work;

(D) priority transport for armed forces;

(E) other special measures need to be taken.

64th in the country or part of the province, autonomous region, municipality directly under the special measures formulated by the State Council and the Central Military Commission shall decide on and execute; in parts of provinces, autonomous regions and municipalities within the scope of special measures decided by the State Council and the Central Military Commission, composed of special measures for the implementation of the regional State, autonomous regional and municipal people's Governments and military organs at the same level organization. 65th organizations implement special measures authorities shall provide the permissions, areas and implementing special measures within the time limit.

Special measures for the implementation of citizens and organizations in the region, should be subject to organize the implementation of special measures for management.

66th special measures no longer necessary shall be promptly terminated.

67th country promulgates, litigation or arbitration, administrative reconsideration is not carried out properly, apply provisions relating to limitations and program aborts, but except as otherwise provided by law.

13th chapter legal liability

68th citizen one of the following acts, by people's Governments at the county level rectification; fails to change, forcing its obligations:

(A) the pre-programmed to active-duty troops and incorporated into the reserve forces reservists, scheduled to recruit other reservists to leave reserve is registered for more than one month of non-military service agencies registered with the reserve report;

(B) after the country decided to implement national defense mobilization, scheduled to recruit reservists without the approval of reserve military service registration authorities to leave the reserve is registered, or not in accordance with the military service organs timely return or failing to report to the designated location;

(C) refuse or avoid conscription or refuses or escapes to assume defense duties;

(D) refused, delayed civilian resource expropriation or hinder adaptation to expropriate civilian resources;

(V) interrupt, destroy national defense mobilization work order or impede the personnel engaged in the work of national defense mobilization shall perform their duties.

69th enterprises and institutions, one of the following acts by the relevant people's Government a rectification; fails to change the force in fulfilling its obligations, and may impose a fine of:

(A) the contractor carrying out the requirements of national defense construction projects in accordance with the national defense requirements and technical specifications, design or construction standards, production;

(B) due to poor management led to the strategic reserve stocks lost, damaged, or does not obey the call of strategic goods;

(C) in accordance with production, expand military and maintenance support requirements of military scientific research, production and maintenance of reserve or failing to form a professional team;

(D) refuse or delay to perform specialized support tasks;

(E) refuses or intentionally delay the military orders;

(Vi) refused, delayed civilian resource expropriation or hinder adaptation to expropriate civilian resources;

(VII) impeding the implementation of conscription, to assume defense duties, obligations of citizens.

70th under any of the following acts, the directly responsible person in charge and other direct liable persons shall be given disciplinary action:

(A) refused to carry out a national defense mobilization order;

(B) abuse of authority or neglect their duties, causing serious losses to national defense mobilization;

(C) expropriate civilian resources, refusing to register, issue a voucher, or violation of the requirement to use caused serious damage, as well as be refunded or compensation in accordance with the provisions;

(D) disclose secret national defense mobilization;

(V) corruption, misappropriation of funds and materials for the national defense mobilization;

(F) abuse, assault and harm the legitimate rights and interests of citizens or organizations.

71st in violation of the provisions of this law, activities contravening public security management, shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.

14th chapter by-laws 72nd article this law shall enter into force on July 1, 2010.