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Regulations On National Defense Mobilization Of Civil Capacity

Original Language Title: 民用运力国防动员条例

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"Enactment date" 2003.09.11 "implementation date" 2004.01.01 "expiration date" and "classification regulations" regulations "content category" and "enact" the State Council, the Central Military Commission "content" People's Republic of China State, People's Republic of China Central Military Commission order No. 391 is now promulgating the regulations on national defense mobilization of civil capacity, been in force since January 1, 2004. Chinese Premier Wen Jiabao, Chairman of the Central Military Commission Jiang Zemin, September 11, 2003 national defense mobilization of civil capacity Regulations Chapter I General provisions article in order to preserve national sovereignty, unity, territorial
Integrity and security, and ensure effective organization and implementation of the national defense mobilization of civil capacity, in accordance with the People's Republic of China National Defense law and other relevant laws, the regulations are formulated.
Second national defense mobilization of civil capacity, including mobilization preparation and implementation.
Special circumstances in wartime and peacetime, according to the needs of national defense mobilization, national right to law authorities, social organizations, enterprises, institutions and individuals (hereinafter referred to as units and individuals) owned or operated by civilian vehicles and related equipment, facilities, personnel, organization and call.
National Defense mobilization preparation of civil capacity in peacetime, strengthening mobilization potential and protection in wartime and peacetime national defense mobilization of civil transport resources under special circumstances require.
Article all owning or managing civil transport resources of units and individuals shall perform the duty of national defense mobilization of civil capacity.
For the discharge of duty of national defense mobilization of civil capacity and direct property losses and casualties, shall enjoy the right to compensation, pension.
Fourth National Defense mobilization organizations under the leadership of the State Council and the Central Military Commission, is responsible for leading the national civilian capacity in national defense mobilization.
Military national defense mobilization of civil transport resources of the bodies responsible for the Organization and leadership of the region national defense mobilization work.
National Defense mobilization organizations at and above the county level are responsible for organizational leadership civilian capacity in the administration of national defense mobilization work.
Competent bodies responsible for the implementation of the fifth national defense traffic civilian capacity in national defense mobilization work.
Military national defense transportation authority is responsible for the implementation of work related to national defense mobilization of civil capacity in the region.
Local people's Governments at or above the county level administrative areas of national defence transport authorities are responsible for the implementation of this national defense mobilization of civil capacity.
Sixth levels of national economy mobilization agencies, people's armed forces mobilizing agencies and the people's Government above the county level Transportation Management Department and other relevant departments within the scope of their respective duties, responsible for civil transport resources relating to the national defense mobilization work.
Seventh people's Governments at or above the county level shall take effective measures to strengthen civilian capacity in national defense mobilization preparations, civilian capacity in national defense mobilization preparations into plans for national economic and social development, strengthening mobilization potential in support and urged the relevant departments to perform their duties, implementation of the work of national defense mobilization of civil transport resources.
Eighth national support, encourage units and individuals to build, purchase, operation and combination of peacetime civilian vehicles and related equipment, in accordance with the relevant provisions of support.
Nineth article units and personal in civilian capacity defense mobilization work in the made highlight contribution, has following case one of of, in accordance with national and place about provides give recognition, and award: (a) provides important or needed of civilian capacity, in guarantees military action in the role obviously of; (ii) Organization and carried out civilian capacity defense mobilization activities, made highlight results of; (three) strongly implementation civilian capacity defense mobilization command, overcome, excellent completed task of;
(D) the dares to disturb and destroy national defense mobilization of civil transport resources to combat and avoid heavy losses (v) in the civilian vehicle and related equipment carry out defense or install renovation, major inventions, military, or economic benefits.
Second chapter civilian capacity defense mobilization of prepared tenth article national defense traffic competent institutions should with national economy mobilization institutions, and state traffic transport management sector and other about sector, and army about sector, according to civilian vehicles and the related equipment of design, and built situation, according to highlight focus, and focused on effectiveness of principles, developed new civilian vehicles and the related equipment implement defense requirements of general planning, reported national defense mobilization institutions approved.
Approved by national institutions shall, in accordance with national economy mobilization general plan to develop new civilian vehicles and related equipment to implement specific implementation plan and organize the implementation of national defense requirements.
11th Transportation Management Department under the State Council and other relevant departments, provinces, autonomous regions and municipalities, should be strengthened within the administrative area of industry or in the design, build civilian management of vehicles and related equipment carry out national defense requirements and guidance, to undertake the task of design, construction units and individuals to provide policy and technical support, implementation of the safeguards relating to defence requirements.
12th design, construction added implementation of civilian defense requires specific implementation plans and their means of delivery and related equipment from units and individuals must be strictly in accordance with the implementation of the requirements of national defense design standards for design, construction and technical specifications.
Funded civilian vehicles and related equipment units and individuals may not obstruct design, construction units and individuals to carry out national defense requirements for design and construction activities. Design and construction of civilian vehicles and related equipment, due to the costs incurred by implementing the defence requirements by the central financial and fiscal at or above the county level shall give appropriate subsidies.
Specific measures for defense by the State transport authority in conjunction with the financial sector.
13th carry out defense civilian vehicles and related equipment when it is completed, a mandate of institutions and relevant competent institutions should participate in the approval and signing of the national defense transportation, acceptance and the local national defense transportation authority after the registration shall not be delivered.
14th people's Governments above the county level Transportation Management Department and the public security traffic Administrative Department and other relevant departments, should be combined with the annual transport statistics, registration and testing (nuclear) work according to the requirements of civil transport resources registration of national defense mobilization preparation, before January 31 of each year, to national defense Transportation Authority submitted the previous year at the same level of civil transport resources registration information and circumstances.
Submitted to the civilian capacity information and does not meet the requirements of, national defense transportation authorities may request relevant departments in accordance with the requirements set forth in the preceding paragraph back, authorities may not refuse. 15th National Defense transportation departments at various levels should be of civil aircraft information and classify, register, safekeeping, and updated in a timely manner.
Junior National Defense transportation departments shall, in accordance with national defense mobilization of civil transport resources require the level of civil transport resources submitted to national defense transportation authority at a higher level and needed, military incursion of civil transport resources in the region in a timely manner.
National Defense transportation and access to information by the competent authorities relevant units of the army of civilian aircraft information and confidential information.
16th army, people's armed police, militia, shall, in accordance with mandated tasks, assess and measure national defense mobilization of civil capacity needs and in accordance with the procedures required of civilian vehicles and related equipment type, quantity and technical requirements to submit relevant national defense transportation authorities.
Article 17th communications departments shall, in accordance with the national defence civilian capacity and users ' demands, organizations of civil transport resources for national defense mobilization plans.
National Defense mobilization of civil capacity plans, defense by the State transport authority in conjunction with the departments concerned and the relevant military departments, reported that the State national defense mobilization authority for approval.
Military national defense mobilization of civil capacity plans by military traffic authority under the national defense mobilization of civil capacity of national defense plan, in conjunction with the relevant departments of the military and regional provinces, autonomous regions and municipalities concerned departments, military national defense mobilization authority for approval and reported to national defense transportation authorities for the record.
Civil capacity of national defense mobilization plans of provinces, autonomous regions and municipalities, provinces, autonomous regions and municipalities communications authority in accordance with the national defence military national defense mobilization of civil capacity plan, in conjunction with the departments concerned in the people's Governments at the corresponding level and military organs develop at the same level, this level of national defense mobilization Agency, and reported to the military national defense transportation authority record.
18th article Navy, and air force, and second artillery (following referred to arms) according to by take of special task, need separate developed civilian capacity defense mobilization plans of, by national defense traffic competent institutions agreed Hou, by arms competent defense traffic work of institutions with about military and province, and autonomous regions, and municipalities Government of Defense traffic competent institutions and other about sector developed; by belongs of arms audit agreed Hou, reported national defense mobilization institutions approved.
19th civil transport resources should make it clear to mobilize national defense mobilization plan for the tasks, procedures, requirements, and guarantees easy implementation to meet the need for military action.
20th civil capacity adjustment of national defense mobilization plan, prepared in accordance with the original procedures and approval process.
Article 21st defence shall, together with the people's armed forces mobilizing agencies in charge of transportation agencies, according to the national defense mobilization of civil capacity plan, organize and guide the sector levy civil transport resources, and levy civil vehicles and related equipment type, quantity, technology and standards of operation, security personnel are requested to inform relevant units or individuals.
Units or individuals receiving the notice, shall levy in accordance with the requirements of civil transport resources of the Organization, technical support and other preparatory work. 22nd levy civilian vehicles and related equipment, improvements need to be retrofitted with arguments and experiments, by traffic authorities in conjunction with the national economy mobilization for national defense bodies, according to national defense mobilization of civil capacity plan formulation and implementation of programmes, and organizations.
Major demonstration project and pilot project implementation plans shall be submitted to the State national defense mobilization authorities involved installing equipment, in accordance with the weaponry installed retrofit regulations. Article 23rd civilian vehicles and related equipment installing retrofit demonstration project and pilot projects, subject to and in accordance with the provisions of the time required to complete the demonstration and test tasks and demonstrated conclusions and results of information submitted to the traffic authorities and of national economy mobilization for national defense agencies.

With retrofitting or management needs improvement levy civilian vehicles and related equipment, units and individuals, shall nevertheless be liable to install retrofit demonstration project and pilot projects of the unit to provide civilian vehicles and related equipment to the original information and scenarios, for installed upgrading demonstration project and facilitate the smooth implementation of the pilot project.
24th national economy mobilization and defence traffic authorities should be based on the installation of renovation requirements and guidance, to help authorities establish and perfect installation of retrofit technologies, material and equipment related to the reserve system.
25th armed mobilization agencies shall, together with the defence of the people in charge of transportation agencies and the military Department responsible for military transportation jobs, according to national defense mobilization of civil capacity requirements, combined with the levy of civil transport resources of the transportation task, organizing levy civil transport resources necessary for military training and specialized technical training.
Personnel participating in levy of civil transport resources and training, subsidized training period or in the original flat wages, bonuses, benefits and assistance with meals, such as round-trip travel expenses, training personnel into militias, in accordance with the relevant provisions of that militia military training; training of personnel not incorporated militia, reference to the relevant provisions of that militia military training.
26th national defense transportation departments shall, in conjunction with the people's Government at the traffic management sector and other relevant sectors, strengthening the dynamic management of levy of civil transport resources, establish appropriate management systems, the use of advanced scientific and technological means to collect and acquire levy civil transport resources dynamic information.
Owning or managing levy civilian capacity of the units and individuals shall be timely submitted to national defense transportation authorities levy pursuant to the provisions of civil transport resources changes.
27th military training, approved by the district-level units exercises can expropriate civilian capacity.
Military training, exercises need to expropriate civilian capacity, in accordance with procedures prescribed by the Central Military Commission reported to district-level units for approval, by the competent bodies according to national defense mobilization of civil capacity of the national defense transportation plan implementation. Compensation for requisition of military training and exercises of civil transport resources, in accordance with the rental pricing or settlement.
    Specific measures by the financial Department of the State Council in conjunction with the departments concerned and the relevant military departments.
Chapter III article 28th of civil transport resources for national defense mobilization of civil transport resources in wartime mobilization for national defense, according to the mobilization order issued by the President to implement.
Peacetime national defense mobilization of civil capacity in special circumstances, based on civil transport resources issued by the State Council and the Central Military Commission decided to implement the national defense mobilization.
29th communications departments shall, in accordance with the national defence civilian capacity by higher authorities for national defense mobilization tasks and the use of an application, in accordance with the requirements of rapid mobilization, rapid start, implementation of national defense mobilization of civil capacity plans.
In the process of implementation of civil transport resources of national defense mobilization plan for, you need to make adjustments to the plan, in accordance with the prescribed procedures, permissions handling.
30th national defence shall, together with the people's armed forces mobilizing agencies in charge of transportation agencies, according to the requirements issued by superior national defense mobilization of civil capacity, informed recruitment units and individuals of civil transport resources, define its recruitment of civilian vehicles and related equipment types, quantities, and operations, personnel, and civilian capacity build-up time, place and method.
Units and individuals must be recruited civilian capacity in accordance with the notice requirements, the Organization recruited civilian capacity within the specified time limit to reach assembly points, and to ensure that recruitment of civilian vehicles and related equipment technical condition and skills, provide protection for personnel meet the requirements of military operations. 31st article was levy civilian capacity build-up to of people armed mobilization institutions should with defense traffic competent institutions and the about sector composition capable of command institutions, on build-up Hou of civilian capacity for registration group, identification servicing situation, Organization necessary of emergency training, guarantee on time delivered using units; was levy civilian capacity too late build-up of, people armed mobilization institutions can and using units agreed report time and locations, and immediately notification was levy civilian capacity of units and personal.
Recruitment of civil transport resources delivered units, should go through the procedure of handover.
Recruitment of civil transport resources, following the changeover of certain civilian delivery vehicles and related equipment safety, logistical support and equipment maintenance, as used by the unit, local government assistance where the implementation of its mandate.
32nd recruited civilian vehicles and related equipment needed to install change, national economy mobilization by the Agency in conjunction with the competent bodies and units of the national defense transportation, according to the civilian capacity determines the retrofitting project of national defense mobilization plan for implementation.
Take civilian vehicles and related equipment installing renovation of units and individuals shall be strictly in accordance with the technical standards for national security and defense requirements for installing retrofit, guarantee punctual delivery.
33rd national defense mobilization of civil capacity in the implementation process, an emergency too late to report, users can directly in the local national defense mobilization plan for the expropriation of civilian capacity required of civil transport resources, but must also be in accordance with the procedure provided for remedy.
34th national defense mobilization of civil capacity in the implementation process, you need to use ports, wharves, airports, railway stations and other facilities from national defense transportation authorities in advance using the request to the relevant departments or units, departments and units concerned shall cooperate and support.
Article 35th of civil transport resources of units shall, to the maximum extent possible to ensure personnel safety, and try to avoid civilian damage and their means of delivery and related equipment and facilities.
Article 36th State Council and the Central Military Commission in accordance with national defense mobilization of civil transport resources in urgent need, decide to civilian capacity in an industry or region imposed controls, is controlled by implementation of civil transport resources units and individuals, must be subject to control command agencies unified command, ensuring its owned or operated by civilian vehicles and related equipment, facilities and security systems in good condition.
The fourth chapter, compensation and pension 37th National Defense mobilization of civil capacity after the task is completed, using civilian transport units shall fold of civil transport resources, mobilization of civil transport resources inventory number statistics civilian vehicles and related equipment, facilities, loss, damage and casualties, provide protection for personnel, in accordance with the relevant provisions of the transfer procedures, and proof of civil transport resources used, damage. Article 38th install transform civilian vehicles and related equipment needed and was able to restore the original function, before the transfer of national economy mobilization Office shall, in conjunction with national defense transportation authorities and using the unit for the restoration work.
After restoration work completed and passed the inspection, shall be handed over in time. Install transform civilian vehicles and associated equipment do not affect the original function, recovery efforts are not implemented.
National Defense transportation authorities should register as a national defense mobilization of civil capacity reserves.
39th article has or management civilian capacity of units and personal, for perform civilian capacity defense mobilization obligations caused of following directly property loss, by central financial and County above place levels financial give appropriate compensation: (a) civilian vehicles and the related equipment and port, and Terminal, and airport, and station, facilities of out lost, and damaged, and depreciation; (ii) civilian vehicles and the related equipment and port, and Terminal, and airport, and station, facilities of operation, and guarantees personnel of wage or allowance;
(C) should be given reasonable compensation for other losses.
Specific measures for compensation, formulated by the financial authorities and the departments concerned under the State Council.
40th owning or managing civil transport resources of the units and individuals that use proof of use, damage, reporting to the defense of the local traffic authorities, examined by the national defense transportation authorities this is the case and reported to the relevant people's Government for approval, the local national defense transportation authorities are responsible for implementing compensation within the time provided in.
41st owning or managing civil transport resources of units and individuals arising out of civil transport resources mobilization for national defense obligations suffered casualties, methods and criteria for their pensions and preferential treatments, local people's Governments at or above the county level departments of civil affairs in accordance with the implementation of the military provisions of the pension benefits Ordinance.
Chapter fifth 42nd civil capacity to ensure funding for national defense mobilization requirements, by the Central and local fiscal share at or above the county level.
Expenses borne by the Central Government, included in the central budget cost of financial burden at or above the county level, included in the budget for the current level of Government.
43rd national defense mobilization preparation of civil capacity requirements from national and local people's Governments at or above the county level national defense transportation authorities, according to this year's national defense mobilization of civil capacity task budget, reported the people's Governments at the corresponding level for approval.
44th national defense mobilization of civil capacity requirements for implementation, in accordance with State in time of war and the usual special situations relating to national defense mobilization of funding support measures.
45th civil capacity mobilization of funds should be earmarked for national defense, and accept supervision by the financial and auditing departments.
Sixth chapter legal responsibility 46th article violation this Ordinance of provides, levy civilian capacity of units or personal escape or refused to perform civilian capacity defense mobilization obligations of, by set district of city level government defense traffic competent institutions ordered corrected; refused to corrected of, forced its perform obligations, can on units at 20,000 yuan above 100,000 yuan following of fine, on personal at 2000 Yuan above 10,000 yuan following of fine; constitute crime of, law held criminal.
47th in violation of the provisions of this Ordinance, units or individuals recruited civilian capacity is not in accordance with the provisions of the time, place, and requirements gathering to apply for civil transport resources, established by municipal people's Government for defence transportation authority ordered corrective action constitutes a crime, criminal responsibility shall be investigated according to law. 48th article violation this Ordinance of provides, bear design, and built or added loaded transformation task of units, and personal, not according to defense requirements on civilian vehicles and the related equipment for design, and built, and added loaded transformation, or funded built civilian vehicles and the related equipment of units, and personal hinder about design, and built or added loaded transformation of, by set district of city level government defense traffic competent institutions ordered corrected; refused to corrected of, forced its perform obligations, can on units at 50,000 yuan above 200,000 yuan following of fine,
Individuals more than 5000 Yuan and fined not more than 50,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law. 49th sabotages levy civilian delivery vehicles and related equipment or otherwise impede, interfere with civilian capacity in national defense mobilization activities, resulting in the loss or adverse effect, by the public security organs in accordance with the People's Republic of China public security administration punishment regulations penalties constitutes a crime, criminal responsibility shall be investigated according to law.

50th article violation this Ordinance of provides, County above Government traffic transport management sector, and police traffic management sector and other about sector refused to to defense traffic competent institutions submitted or delay submitted Shang a annual civilian capacity registration of about information and situation of, by this level Government ordered deadline submitted; late not submitted of, on has directly responsibility of competent personnel and other directly responsibility personnel, by about competent organ law give demerit, and remember than, and downgraded of administrative sanctions. 51st article violation this Ordinance of provides, Defense traffic competent institutions, and economy mobilization institutions, and people armed mobilization institutions, and civilian capacity using units has following case one of of, by about competent organ on has directly responsibility of competent personnel and other directly responsibility personnel law give remember than, and downgraded, and dismissed of administrative sanctions or in accordance with PLA discipline doctrine of about provides give disciplinary; constitute crime of, law held criminal: (a) leaked by collection, and
Master of civilian capacity information and situation of; (ii) beyond permission, unauthorized mobilization civilian capacity of; (three) on was expropriation civilian capacity management poor, caused serious loss of; (four) not issued civilian capacity using, and damaged proved, by about competent organ pointed out that refused to corrected of; (five) violation earmarks dedicated of provides, unauthorized using civilian capacity defense mobilization funding of.
Seventh chapter supplementary articles article 52nd usual special case refers to endanger national sovereignty, unity, territorial integrity and security of armed conflict and other unexpected events. 53rd this Ordinance shall enter into force on January 1, 2004.