Law of the People's Republic of China on the Protection of Military Installations (Revised in 2021)
Law of the People's Republic of China on the Protection of Military Installations (Revised in 2021)
Law of the People's Republic of China on the Protection of Military Installations (Revised in 2021)
Order of the President of the People's Republic of China No.87
June 10, 2021
The Law of the People's Republic of China on the Protection of Military Installations, revised and adopted at the 29th Session of the Standing Committee of the 13th National People’s Congress of the People’s Republic of China on June 10, 2021, is hereby promulgated and shall come into force on August 1, 2021.
Xi Jinping, President of the People's Republic of China
Law of the People's Republic of China on the Protection of Military Installations (Revised in 2021)
(Adopted at the 12th Session of the Standing Committee of the Seventh National People's Congress on February 23, 1990, amended for the first time according to the Decision on Revising Several Laws adopted at the tenth Session of the Standing Committee of the 11th National People's Congress on August 27, 2009, amended for the second time according to the Decision on Revising the Law of the People's Republic of China on the Protection of Military Installations adopted at the ninth Session of the Standing Committee of the 12th National People's Congress on June 27, 2014, and amended at the 29th Session of the Standing Committee of the 13th National People’s Congress of the People’s Republic of China on June 10, 2021)
Table of Contents
Chapter I General Provisions
Chapter II Designation of the Military Restricted Zones and the Military Administrative Zones
Chapter III Protection of the Military Restricted Zones
Chapter IV Protection of the Military Administrative Zones
Chapter V Protection of Military Installations Not Included in the Military Restricted Zones and the Military Administrative Zones
Chapter VI Administrative Duties
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 The Law of the People's Republic of China on the Protection of Military Installations (Revised in 2021) (hereinafter referred to as the "Law") is formulated in accordance with the Constitution of the People's Republic of China with a view to protecting the safety of military installations, ensuring the effective utilization of military installations and normal performance of military activities, promoting the modernization of national defense, strengthening national defense and resisting aggression.
Article 2 For the purpose of the Law, military installations refer to the following buildings, premises and equipment used by the State directly for military purposes:
1. command organs, ground and underground command structures and combat operation structures;
2. military airfields, ports and docks;
3. camps, training grounds and testing sites;
4. military cave storehouses and warehouses;
5. Military information infrastructure, military reconnaissance, navigation and observation stations and posts, and military markers for survey, navigation and navigational aid;
6. special military highways and railways, military power transmission lines, and military oil, water and gas pipelines;
7. border defense and coastal defense management and control installations; and
8. other military installations prescribed by the State Council and the Central Military Commission.
Military installations prescribed in the preceding paragraph include temporary installations needed to be set up by the army for performing tasks.
Article 3 The protection of military installations shall adhere to the leadership of the Communist Party of China. People's governments and military organs at all levels shall jointly protect military installations and safeguard the interests of national defense.
The State Council and the Central Military Commission take charge of the protection of military installations nationwide according to the division of responsibilities. Local people’s governments at all levels, in conjunction with relevant military organs, take charge of the protection of military facilities within their administrative regions.
The military organs concerned shall, as per the prescribed authority and procedures, file requests for the protection of military installations that need to be enforced by local people's governments, and the local people's governments shall, in conjunction with the relevant military organs, formulate specific protection measures and implement them accordingly.
In places where there are military installations, the military organs concerned and local people's governments at or above the county level shall establish a coordination mechanism for the protection of military sites and military installations to cooperate with each other in supervising and inspecting the protection of military installations, and coordinating to solve the problems in the protection of military installations.
Article 4 Organizations and citizens of the People's Republic of China have the obligation to protect military installations.
Any organization or individual is prohibited from damaging or endangering military installations.
Any organization or individual has the right to report on, and make charges against, any act that damages or endangers military installations.
Article 5 The State makes overall planning for economic development, social development and the protection of military installations, in order to promote the coordination between economic and social development and the protection of military installations.
Article 6 The State shall implement a policy of giving protection to military installations according to their categories and with emphasis on key projects.
The State Council and the Central Military Commission shall stipulate classification and protection standards of military installations.
Article 7 The State adopts corresponding support policies and measures for places that have been considerably affected in respect of economic development due to the establishment of military installations. The specific measures shall be formulated by the State Council and the Central Military Commission.
Article 8 The State shall commend and reward organizations and individuals that make outstanding contributions to the protection of military installations in accordance with relevant laws and regulations.
Chapter II Designation of the Military Restricted Zones and the Military Administrative Zones
Article 9 Military restricted zones and military administrative zones are designated according to the nature, functions, security and confidentiality requirements and requirements for effective use of military installations, and the specific designation standards and determination procedures shall be stipulated by the State Council and the Central Military Commission.
For the purpose of the Law, military restricted zones refer to military areas designated in accordance with statutory procedures and standards because they have important military installations, or because the military installations therein require high security and confidentiality or have material hazard factors and need to be protected on a priority basis with special measures taken by the State.
For the purpose of the Law, military administrative zones refer to military areas designated in accordance with statutory procedures and standards because they have relatively important military installations, or because the military installations therein require relatively high security and confidentiality or have relatively big hazard factors and need to be protected with special measures taken by the State.
Article 10 The military restricted zones and the military administrative zones shall be determined by the State Council and the Central Military Commission, or by military organs concerned in accordance with the provisions of the State Council and the Central Military Commission.
The cancellation or change of military restricted zones and military administrative zones shall be governed by the provisions of the preceding paragraph.
Article 11 The limits of the land and water military restricted zones and military administrative zones shall be jointly designated by people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the competent military organs at or above the corps level, or by people's governments of provinces, autonomous regions, municipalities directly under the Central Government, the relevant departments under the State Council and the competent military organs at or above the corps level. The limits of the military restricted airspace and the land and water military restricted zones of utmost importance shall be designated by the State Council and the Central Military Commission.
Any adjustment to limits of the land and water military restricted zones and military administrative zones shall be governed by the provisions of the preceding paragraph.
Article 12 Sign boards shall be put up for military restricted zones and military administrative zones by local people's governments at or above the county level in accordance with the uniform pattern as stipulated by the State.
Article 13 The designation or adjustment of the limits of the military restricted zones and the military administrative zones shall, on the premise of ensuring the security, confidentiality and effective utilization of military installations, take account of economic development, protection of natural environment and the production and livelihood of the local population.
Where the construction of military installations requires the designation or adjustment of the limits of military restricted zones or military administrative zones, such designation or adjustment shall be completed before the commencement of the military installation construction project. However those approved by military organs at or above the operational level are excluded.
Article 14 Where it is necessary to expropriate or requisition land, houses, and other real property, to overlap mineral resources or to use sea or air space, for the designation or adjustment of the limits of the military restricted zones or the military administrative zones, it shall be handled in accordance with the provisions of the relevant laws and regulations.
Article 15 Where temporary military installations set up by the army to perform a mission need to designate land and water temporary military restricted zones or temporary military administrative zones, the local people’s government at or above the county level and the competent military organ at or above the regiment level shall jointly designate them, and they shall separately file the designation to their superior organs for record.
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Order of the President of the People's Republic of China No.87
June 10, 2021
The Law of the People's Republic of China on the Protection of Military Installations, revised and adopted at the 29th Session of the Standing Committee of the 13th National People’s Congress of the People’s Republic of China on June 10, 2021, is hereby promulgated and shall come into force on August 1, 2021.
Xi Jinping, President of the People's Republic of China
Law of the People's Republic of China on the Protection of Military Installations (Revised in 2021)
(Adopted at the 12th Session of the Standing Committee of the Seventh National People's Congress on February 23, 1990, amended for the first time according to the Decision on Revising Several Laws adopted at the tenth Session of the Standing Committee of the 11th National People's Congress on August 27, 2009, amended for the second time according to the Decision on Revising the Law of the People's Republic of China on the Protection of Military Installations adopted at the ninth Session of the Standing Committee of the 12th National People's Congress on June 27, 2014, and amended at the 29th Session of the Standing Committee of the 13th National People’s Congress of the People’s Republic of China on June 10, 2021)
Table of Contents
Chapter I General Provisions
Chapter II Designation of the Military Restricted Zones and the Military Administrative Zones
Chapter III Protection of the Military Restricted Zones
Chapter IV Protection of the Military Administrative Zones
Chapter V Protection of Military Installations Not Included in the Military Restricted Zones and the Military Administrative Zones
Chapter VI Administrative Duties
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 The Law of the People's Republic of China on the Protection of Military Installations (Revised in 2021) (hereinafter referred to as the "Law") is formulated in accordance with the Constitution of the People's Republic of China with a view to protecting the safety of military installations, ensuring the effective utilization of military installations and normal performance of military activities, promoting the modernization of national defense, strengthening national defense and resisting aggression.
Article 2 For the purpose of the Law, military installations refer to the following buildings, premises and equipment used by the State directly for military purposes:
1. command organs, ground and underground command structures and combat operation structures;
2. military airfields, ports and docks;
3. camps, training grounds and testing sites;
4. military cave storehouses and warehouses;
5. Military information infrastructure, military reconnaissance, navigation and observation stations and posts, and military markers for survey, navigation and navigational aid;
6. special military highways and railways, military power transmission lines, and military oil, water and gas pipelines;
7. border defense and coastal defense management and control installations; and
8. other military installations prescribed by the State Council and the Central Military Commission.
Military installations prescribed in the preceding paragraph include temporary installations needed to be set up by the army for performing tasks.
Article 3 The protection of military installations shall adhere to the leadership of the Communist Party of China. People's governments and military organs at all levels shall jointly protect military installations and safeguard the interests of national defense.
The State Council and the Central Military Commission take charge of the protection of military installations nationwide according to the division of responsibilities. Local people’s governments at all levels, in conjunction with relevant military organs, take charge of the protection of military facilities within their administrative regions.
The military organs concerned shall, as per the prescribed authority and procedures, file requests for the protection of military installations that need to be enforced by local people's governments, and the local people's governments shall, in conjunction with the relevant military organs, formulate specific protection measures and implement them accordingly.
In places where there are military installations, the military organs concerned and local people's governments at or above the county level shall establish a coordination mechanism for the protection of military sites and military installations to cooperate with each other in supervising and inspecting the protection of military installations, and coordinating to solve the problems in the protection of military installations.
Article 4 Organizations and citizens of the People's Republic of China have the obligation to protect military installations.
Any organization or individual is prohibited from damaging or endangering military installations.
Any organization or individual has the right to report on, and make charges against, any act that damages or endangers military installations.
Article 5 The State makes overall planning for economic development, social development and the protection of military installations, in order to promote the coordination between economic and social development and the protection of military installations.
Article 6 The State shall implement a policy of giving protection to military installations according to their categories and with emphasis on key projects.
The State Council and the Central Military Commission shall stipulate classification and protection standards of military installations.
Article 7 The State adopts corresponding support policies and measures for places that have been considerably affected in respect of economic development due to the establishment of military installations. The specific measures shall be formulated by the State Council and the Central Military Commission.
Article 8 The State shall commend and reward organizations and individuals that make outstanding contributions to the protection of military installations in accordance with relevant laws and regulations.
Chapter II Designation of the Military Restricted Zones and the Military Administrative Zones
Article 9 Military restricted zones and military administrative zones are designated according to the nature, functions, security and confidentiality requirements and requirements for effective use of military installations, and the specific designation standards and determination procedures shall be stipulated by the State Council and the Central Military Commission.
For the purpose of the Law, military restricted zones refer to military areas designated in accordance with statutory procedures and standards because they have important military installations, or because the military installations therein require high security and confidentiality or have material hazard factors and need to be protected on a priority basis with special measures taken by the State.
For the purpose of the Law, military administrative zones refer to military areas designated in accordance with statutory procedures and standards because they have relatively important military installations, or because the military installations therein require relatively high security and confidentiality or have relatively big hazard factors and need to be protected with special measures taken by the State.
Article 10 The military restricted zones and the military administrative zones shall be determined by the State Council and the Central Military Commission, or by military organs concerned in accordance with the provisions of the State Council and the Central Military Commission.
The cancellation or change of military restricted zones and military administrative zones shall be governed by the provisions of the preceding paragraph.
Article 11 The limits of the land and water military restricted zones and military administrative zones shall be jointly designated by people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the competent military organs at or above the corps level, or by people's governments of provinces, autonomous regions, municipalities directly under the Central Government, the relevant departments under the State Council and the competent military organs at or above the corps level. The limits of the military restricted airspace and the land and water military restricted zones of utmost importance shall be designated by the State Council and the Central Military Commission.
Any adjustment to limits of the land and water military restricted zones and military administrative zones shall be governed by the provisions of the preceding paragraph.
Article 12 Sign boards shall be put up for military restricted zones and military administrative zones by local people's governments at or above the county level in accordance with the uniform pattern as stipulated by the State.
Article 13 The designation or adjustment of the limits of the military restricted zones and the military administrative zones shall, on the premise of ensuring the security, confidentiality and effective utilization of military installations, take account of economic development, protection of natural environment and the production and livelihood of the local population.
Where the construction of military installations requires the designation or adjustment of the limits of military restricted zones or military administrative zones, such designation or adjustment shall be completed before the commencement of the military installation construction project. However those approved by military organs at or above the operational level are excluded.
Article 14 Where it is necessary to expropriate or requisition land, houses, and other real property, to overlap mineral resources or to use sea or air space, for the designation or adjustment of the limits of the military restricted zones or the military administrative zones, it shall be handled in accordance with the provisions of the relevant laws and regulations.
Article 15 Where temporary military installations set up by the army to perform a mission need to designate land and water temporary military restricted zones or temporary military administrative zones, the local people’s government at or above the county level and the competent military organ at or above the regiment level shall jointly designate them, and they shall separately file the designation to their superior organs for record.
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