National Defense Mobilization Law of the People's Republic of China

National Defense Mobilization Law of the People's Republic of China

National Defense Mobilization Law of the People's Republic of China

Order of the President of the People's Republic of China No.25

February 26, 2010

The National Defense Mobilization Law of the People's Republic of China, adopted at the 13th meeting of the Standing Committee of the Eleventh National People's Congress of the People's Republic of China on February 26, 2010, is hereby promulgated and shall enter into force as of July 1, 2010.

President of the People's Republic of China Hu Jintao

National Defense Mobilization Law of the People's Republic of China

(Adopted at the 13th meeting of the Standing Committee of the Eleventh National People's Congress of the People's Republic of China on February 26, 2010)

Contents
Chapter I General Provisions
Chapter II Organizational and Leadership Institutions and Authorities Thereof
Chapter III National Defense Mobilization Plans, Implementing Plans and Statistical Survey on the Capacity for National Defense Mobilization
Chapter IV Development Projects and Important Products Closely Related to National Defense
Chapter V Reserve and Recruitment of Reservists
Chapter VI Strategic Material Reserves and Allocation
Chapter VII Research and Development, Production and Maintenance Support of Military Goods
Chapter VIII Prevention of Disasters of War and Assistance Provided If Any
Chapter IX National Defense Support Services
Chapter X Requisition of and Compensation for Civilian Resources
Chapter XI Publicity and Education
Chapter XII Special Measures
Chapter XIII Legal Liabilities
Chapter XIV Supplementary Provisions

Chapter I General Provisions

Article 1 With a view to strengthening the national defense construction, improving the national defense mobilization regime, ensuring smooth progress in national defense mobilization work and safeguarding the sovereignty, unity, territorial integrity and security of the country, this Law is formulated according to the Constitution.

Article 2 This Law applies to the preparation and implementation of, and other activities related to national defense mobilization.

Article 3 The State shall strengthen the construction for national defense mobilization and establish and improve a national defense mobilization system that is in conformity with the demands of national defense security, in coordination with the social and economic development and in connection with the emergency response mechanisms for unexpected events, in order to enhance the capability of national defense mobilization.

Article 4 National defense mobilization shall be firmly based on the guidelines of combining peacetime and wartime footings, uniting the army with the people and having a reserve among the people, and also on the principles of centralized leadership, national participation, long-term preparation, key construction, overall planning and all-round consideration, orderliness and high efficiency.

Article 5 Citizens and organizations shall complete the preparatory work for national defense mobilization according to the law during peacetime, and, once the State has decided to implement national defense mobilization, shall complete the required national defense mobilization missions.

Article 6 The State shall guarantee the necessary funds required for national defense mobilization. National defense mobilization funds shall be separately included in the central and local government budgets pursuant to the principle of the division of duties.

Article 7 The State shall commend and give rewards to any citizen or organization that has made prominent contributions to national defense mobilization.

Chapter II Organizational and Leadership Institutions and Authorities Thereof

Article 8 In the case of any threat to the State's sovereignty, unity, territorial integrity or security, the Standing Committee of the National People's Congress will, in accordance with the Constitution and provisions of applicable laws, decide on nationwide or regional mobilization. The president of the People's Republic of China will issue a mobilization decree depending on the decision of the Standing Committee of the National People's Congress.

Article 9 The State Council and the Central Military Commission shall jointly lead national defense mobilization across the whole country, and work out guidelines, policies and regulations on national defense mobilization, propose a bill of implementing nationwide or regional mobilization to the Standing Committee of the National People's Congress, and, in accordance with the decision of the Standing Committee of the National People's Congress and the mobilization decree issued by the president of the People's Republic of China, organize the implementation of national defense mobilization.
Where immediate measures must be taken to respond to any direct threat to the State's sovereignty, unity, territorial integrity or security, the State Council and the Central Military Commission may take indispensable national defense mobilization measures as specified herein if it is necessary for an emergency response, and report the same to the Standing Committee of the National People's Congress in the meantime.

Article 10 Local people's governments shall implement and put in practice the guidelines, policies and laws for national defense mobilization; and shall organize the implementation of national defense mobilization within their respective administrative region depending on the national defense mobilization tasks assigned by the people's governments at a higher level, after the State has determined to implement national defense mobilization.

Article 11 Related departments under the people's governments at or above the county level and related military departments shall be responsible for the relevant national defense mobilization work within their respective duties.

Article 12 The State Commission for National Defense Mobilization, under the leadership of the State Council and the Central Military Commission, shall take charge of organizing, guiding, and coordinating the national defense mobilization work across the whole country; for matters decided under certain procedures according to the relevant authority, related departments under the State Council and the Central Military Commission shall organize the implementation of such matters according to their respective duties. National defense mobilization commissions of all military commands and local national defense mobilization commissions at or above the county level shall be in charge of organizing, guiding and coordinating the national defense mobilization work within the local area.

Article 13 Representative offices of national defense mobilization commissions shall undertake the routine work of the national defense mobilization commission at the same level and fulfill their relevant responsibilities in national defense mobilization in accordance with the law.

Article 14 After the threat to the State's sovereignty, unity, territorial integrity or security has been eliminated, measures for implementing national defense mobilization shall be terminated in accordance with the authority and procedures based on which it is decided to implement national defense mobilization.

Chapter III National Defense Mobilization Plans, Implementing Plans and Statistical Survey on the Capacity for National Defense Mobilization

Article 15 The State carries out the national defense mobilization plans, the national defense mobilization implementation plans and the statistical survey on the capacity for national defense mobilization.

Article 16 National defense mobilization plans and implementing plans for national defense mobilization shall be drawn up under the guidelines and principles of national defense mobilization and according to the state of the capacity for national defense mobilization and the military demands.
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