People's Republic of China promulgated by Decree No. 598

　　　　　　　　　　　　　　　　　　　　　People's Republic of China Central Military Commission, announced the key military facility management Ordinance, as of October 1, 2011.

　　　　　　　　　　　　　　　　　　　　　Chinese Premier Wen Jiabao

　　　　　　　　　　　　　　　　　　　　　　　Chairman of the Central Military Commission Hu Jintao



The June 24, 2011
　　Key military equipment and facilities management

First in order to maintain and improve defense-related research capacity, strengthen the management of key military facilities, guarantee the security of key military facilities, complete and effective use of this Ordinance is enacted.

Second key military equipment and facilities referred to in these regulations refers to direct the important experiment for weaponry and equipment research and production facilities, equipment, test and inspection equipment and other special military equipment and facilities.

List of key military facilities, shall be formulated by the competent Department of science, technology and industry for national defense, in conjunction with the army weapons Department, the State-owned assets supervision and administration and the departments concerned under the State Council.

Third country register management of key military facilities, on the use of State funds to acquire weapons and equipment in General, key systems, core products supporting scientific research and production approval management of disposal of key military facilities.

Fourth the Defense Industry Department in conjunction with the departments concerned in accordance with the provisions of this Ordinance, to manage national key military facilities.

The provinces, autonomous regions and municipalities are responsible for management of national defense science and technology industry sector in conjunction with the relevant departments in accordance with the provisions of this Ordinance, relating to the key military equipment and facilities management.

The fifth key military equipment and facilities management should follow the principle of strict liability, responsibility, convenient and effective.

Sixth possession, use the key military equipment enterprises and institutions (hereinafter referred to as enterprises and institutions) and their staff, responsible for key military equipment and facilities management departments, units and their staff, aware of State secrets and commercial secrets confidential. Seventh central management company responsible for unit registration of key military facilities. Education departments of the State Council responsible for the respective registration of key military equipment and facilities in universities.

Chinese Academy of Sciences responsible for scientific research organs the registration of key military facilities.

The provinces, autonomous regions and municipalities are responsible for national defense science and technology industry Management Department is responsible for handling the administrative area other than those provided for in the preceding paragraph enterprise or institution registration of key military facilities.

Article eighth enterprises and institutions shall from the date of key military equipment and facilities used in the 30th to the Registration Department, submitted files contain the following content material, registration:

(A) the name of the enterprise, institution, shelter and other basic information;

(B) name of the key military facilities, place of origin, value, performance, status, financial resources, ownership and other basic information.

Enterprises and institutions should be responsible for the authenticity of the documents.

The Nineth registration departments and entities shall from the date of receipt of the documentation submitted by 30th within registered facilities gives special-purpose code and key military equipment.

Tenth key military equipment and facility registration details and special-purpose code shall be formulated by the competent Department of the science, technology and industry for national defense requirements and allocation. Enterprises and institutions occupy the 11th article, using the key military facilities damaged, scrap, loss of or ownership changes, within 30th of these facts should be responsible for the registration of the departments and units reported.

Departments and units should be in charge of registration change of registration information in a timely manner.

12th registration departments and units should be in accordance with the provisions of the Defense Industry Department under the State Council will submit the registration information National Defense Industrial authority under the State Council.

Defense industry under the State Council departments and departments and units in charge of registration as required, to verify the registration information.

13th enterprises and institutions shall set up and perfect the key military equipment and facilities management system, ensure the safety and integrity of key military facilities and efficient use, and possession or use of the key military facility name, specifications, performance, status, number, ownership and other basic information for a complete record.

14th enterprises and institutions shall, in accordance with national defense industrial authority under the State Council, require special control key military facilities outside designated safety control, and set the safety alert signs at its outer edge. 15th enterprises and institutions change in its possession and the use of key military facilities, departments and units in charge of registration should be submitted to the relevant documents, apply for supplementary registration.

Registration departments and units should be in accordance with the provisions of the Defense Industry Department under the State Council to the Defense Industry Department submitting additional registration information.

Enterprises and institutions change using national funds to acquire the use of key military facilities, impact of weaponry and equipment research and production tasks, defense industry under the State Council departments should be corrected in a timely manner. 16th enterprises and institutions through transfer, rental and disposal of using State funds to acquire weapons overall, key systems, core supporting the key military products research and production facility shall be subject to approval of the Defense Industry Department under the State Council.

Approval shall submit the following documents:

(A) the name of the key military facilities, quantity, value, performance, and so on;

(B) without prejudice to assume control of weaponry and equipment research and production notes;

(C) the cause and manner of disposal;

(D) the basic situation of the assignee or the lessee. 17th Defense Industry Department under the State Council shall, from the date of receiving the application for disposal in the 30th, making the decision to approve or not to approve.

Making approval decisions, Defense Industry Department under the State Council shall issue the approval to the applicant documents; not to approve decisions, Defense Industry Department under the State Council shall notify the applicant in writing and state the reasons. National Defense Industrial authority under the State Council made the decision to approve or not to approve, shall consult the competent military weapons and equipment sectors, the State-owned assets supervision and administration bodies and the views of the relevant departments under the State Council.

Related to defence research and production capability, structure and layout, shall, in accordance with relevant regulations of the State in conjunction with the army weapons Department, the State-owned assets supervision and administration bodies and relevant departments of the State Council, made the decision to approve or not to approve.

Enterprises and institutions after obtaining the approval document shall, in accordance with the provisions of this section 11th time to be responsible for the registration of departments and units reported.

18th state-owned assets supervision and administration bodies and other relevant departments in accordance with the statutory duties and procedures for determining the enterprises or institutions merger, Division, restructuring, dissolution, bankruptcy and other matters of importance, involving the use of State funds to acquire weapons and equipment in General, key-systems, the key matching the key military products research and production changes in ownership of equipment and facilities, shall solicit the views of the competent Department of science, technology and industry for national defense.

19th enterprises and institutions was not in accordance with the provisions of this Ordinance registration of key military facilities, or the possession of key military facilities damaged, obsolete, use, loss or change the ownership was not promptly reported to the departments and units in charge of registration, a rectification; fails to mend, fined 10,000 yuan and 20,000 yuan fine.

20th submitted false documents for registration of the enterprises, institutions, correction, fined 10,000 yuan and 20,000 yuan fine.

21st article enterprise, and institutions violation this Ordinance provides, without approved disposal using national financial purchased built of for weapons equipment General, and key points system, and core supporting products research production of military key equipment facilities of, ordered deadline corrected, sentenced 500,000 yuan above 1 million Yuan following fine, on directly is responsible for of competent personnel and other directly responsibility personnel sentenced 5000 Yuan above 20,000 yuan following fine; has illegal proceeds of, confiscated illegal proceeds.

22nd enterprises and institutions by fraud, bribery or other improper means to obtain the relevant approval documents for disposal of key military facilities and fined 50,000 yuan and 200,000 yuan penalty; approval file obtained in violation of law be rescinded. 23rd administrative penalties stipulated in these regulations shall be formulated by the Department of national defense science and technology industry.

However, the seventh article of the Ordinance provided for enterprises and institutions section 19th administrative penalties for offences under the Ordinance, by the provinces, autonomous regions and municipalities are responsible for national defense industrial management departments.

24th is responsible for the registration of key military facilities management, process, approval and administration of departments and units of personnel who abuse their powers, neglect their duties or engages in, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law. 25th article of the regulations come into force on October 1, 2011.