National Defense Mobilization Law of China

· Document Number：Order No.25 of the President of the People’s Republic of China

· Area of Law： Military

· Level of Authority： Laws

· Date issued：02-26-2010

· Effective Date：07-01-2010

· Status： Effective

· Issuing Authority： Standing Committee of the National People's Congress

Order of the President of the People's Republic of China
(No.25)
National Defense Mobilization Law of China, which was adopted at the 13th meeting of the Standing Committee of the 11th National People's Congress of the People's Republic of China on February 26, 2010, is hereby promulgated, and shall come into force on July 1, 2010.
Hu Jintao, President of the People's Republic of China
February 26, 2010
National Defense Mobilization Law of the People's Republic of China
(Adopted at the 13th Meeting of the Standing Committee of the 11th National People's Congress of the People's Republic of China on February 26, 2010)
Contents
Chapter I General Provisions 
Chapter II Organizing and Leading Organs and the Functions and Powers Thereof 
Chapter III National Defense Mobilization Plans, Enforcement Schedules and Potentiality Statistical Surveys 
Chapter IV Construction Projects and Key Products Closely Related to National Defense 
Chapter V Reservation and Recruitment of Reservists
Chapter VI Reservation and Use of Strategic Materials 
Chapter VII Guarantee for Scientific Research, Production and Maintenance of Military Articles 
Chapter VIII Prevention and Relief of War Disasters
Chapter IX National Defense Services 
Chapter X Requisition of and Compensation for Civil Resources 
Chapter XI Publicity and Education 
Chapter XII Special Measures 
Chapter XIII Legal Responsibility 
Chapter XIV Supplementary Provisions 
Chapter I General Provisions
Article 1 To strengthen national defense, improve the national defense mobilization system, guarantee the smooth going of the national defense mobilization work, and maintain the national sovereignty, unification, territorial integrity and security, this Law is formulated pursuant to the Constitution.
Article 2 This Law shall apply to the preparation, enforcement and other relevant activities of national defense mobilization.
Article 3 The state shall strengthen national defense mobilization, establish a national defense mobilization system which meets the demands for national defense security, adapts to economic and social development and connects with the emergency response system, and enhance the national defense mobilization capability.
Article 4 National defense mobilization shall stick to the policies of combining civil with military, combining peacetime production with wartime production and embedding military in civilian, and follow the principles of unified leadership, participation by the entire people, long-term preparation, emphasis on the construction of key projects, overall consideration, orderliness and high efficiency.
Article 5 Citizens and organizations should accomplish the national defense mobilization preparations during peacetime and, after the state decides to initiate national defense mobilization, accomplish the national defense mobilization tasks assigned to them.
Article 6 The state will guarantee the national defense mobilization expenses. Such expenses shall be brought into the central fiscal budget and the local fiscal budget according to the division of power and duties between the central and local governments.
Article 7 The state will commend and reward entities and individuals that make outstanding contributions to the national defense mobilization work.
Chapter II Organizing and Leading Organs and The Functions and Powers Thereof
Article 8 Where the sovereignty, unity, territorial integrity or security of the state is threatened, the Standing Committee of the National People's Republic of China shall decide a general or partial mobilization pursuant to the Constitution and other relevant laws. The Chairman of the state will issue a mobilization order in accordance with 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 the national defense mobilization work of the whole country, make guidelines, policies and regulations for the national defense mobilization work, submit nationwide or regional mobilization proposals to the Standing Committee of the National People's Congress and, based on the decision of the Standing Committee of the National People's Congress and the mobilization order issued by the Chairman of the state, effect the national defense mobilization.
Where countermeasures need to be taken immediately when the sovereignty, unity, territorial integrity or security of the state is threatened, the State Council and the Central Military Commission may, for purposes of emergency response, take necessary national defense mobilization measures as prescribed in this Law and report to the Standing Committee of the National People's Congress.
Article 10 The local people's governments shall carry out the guidelines, policies, laws and regulations governing the national defense mobilization work and, after the state decides to initiate national defense mobilization, carry it out within their respective administrative regions based on their tasks assigned by the higher authorities.
The local people's governments at or above the county level shall manage the national defense mobilization work in their respective administrative regions within the limits of power delegated by law.
Article 11 The relevant departments of the people's governments at or above the county level and the relevant departments of the Army shall bear responsibilities for the national defense mobilization work within their scope of duties.
Article 12 The National Defense Mobilization Committee of the state shall be responsible for organizing, directing and coordinating the national defense mobilization work of the whole nation under the leadership of the State Council and the Central Military Commission. Matters it has decided pursuant to the prescribed powers and procedures shall be enforced by the relevant departments of the State Council and the Central Military Commission within their respective duties. The national defense mobilization councils in the military area and the local national defense mobilization councils at or above the county level shall organize, direct and coordinate the national defense mobilization work within their respective regions.
Article 13 The working body of a national defense mobilization council shall handle the routine work of the council and perform the relevant national defense mobilization duties according to law.
Article 14 After the threat over the sovereignty, unification, territorial integrity or security of the state is eliminated, the national defense mobilization measures shall be lifted according to the powers and procedures for deciding the initiation of national defense mobilization.
Chapter III National Defense Mobilization Plans, Enforcement Schedules and Potentiality Statistical Surveys
Article 15 The state makes plans, enforcement schedules and potentiality statistical surveys for the national defense mobilization work.
Article 16 The national defense mobilization plans and enforcement schedules shall be prepared according to the national defense mobilization guidelines and principles, national defense mobilization potentialities and military needs. The military needs shall be proposed by the relevant departments of the Army by the prescribed powers and procedures.
The national defense mobilization enforcement schedules and the emergency response plans shall support each other with regard to command, use of force, information, safeguards, etc.
Article 17 The preparation, examination and approval of the national defense mobilization plans and enforcement schedules at different levels shall be governed by the relevant state provisions.
Article 18 The people's governments at or above the county level shall bring the relevant contents of the national defense mobilization work into their national economic and social development plans. The relevant departments of the Army shall bring the national defense mobilization enforcement schedules into their war preparedness planning.
The relevant departments of the people's governments at or above the county level and those of the Army shall implement the national defense mobilization plans and enforcement schedules according to their respective duties.
Article 19 The statistical body and other relevant departments of a people's government at or above the county level shall accurately and timely provide the relevant statistics to the working body of the national defense mobilization council at the same level when the national defense mobilization work so requires. If the statistics are not enough to meet the actual needs, the working body of the national defense mobilization council may launch an ad hoc statistical survey on national defense mobilization potentialities under the Statistics Law of the People's Republic of China and the relevant state provisions.
Article 20 The state establishes evaluation and inspection systems on the implementation of the national defense mobilization plans and enforcement schedules.
Chapter IV Construction Projects and Key Products Closely Related to National Defense
Article 21 For purposes of national defense mobilization, construction projects and key products which are closely related to national defense shall meet the national defense requirements and possess the national defense functions.
Article 22 A catalogue of construction projects and key products which are closely related to national defense shall be drafted by the economic development administrative department of the State Council together with other relevant departments of the State Council and the relevant departments of the Army and be submitted to the State Council and the Central Military Commission for approval.
The military needs for the construction projects and key products in the said catalogue shall be determined by the relevant departments of the Army. In the examination and approval of construction projects and the design of key products, the relevant departments under the people's governments at or above the county level shall invite the comment of the relevant departments of the Army.
Article 23 The construction projects and key products in the catalogue shall be designed, produced, constructed, supervised and checked according to the relevant laws and administrative regulations as well as the technical norms and standards which carry out the national defense requirements so as to guarantee the quality of the projects and products.
Article 24 Enterprises and public institutions which invest or participate in the investment in the construction projects listed in the catalogue or the research, development and manufacturing of key products listed in the catalogue shall be entitled to the subsidies or other policy preferences pursuant to the relevant laws, administrative regulations and state provisions.
Article 25 The people's governments at or above the county level shall provide guidance and policy support for carrying out the national defense requirements in the construction projects and key products listed in the catalogue, and the relevant departments shall do a good job in performing their management duties.
Chapter V Reservation and Recruitment of Reservists
Article 26 The state applies the system of reserving reservists for contingency needs.
For the needs of national defense mobilization, the state will reserve a necessary amount of reservists on the principles of modest scale, scientific structure and reasonable layout.
The State Council and the Central Military Commission shall decide the scale, type and mode of reserving reservists based on the needs for national defense mobilization.
Article 27 On the principle of considering their respective specialties and making it convenient for mobilization, reservists may be pre-regimented into the active forces, regimented into the reserve forces, regimented into militia organizations or reserved in any other form.
The state shall establish reserve areas for professional and technical reservists based on the needs for national defense mobilization.
The state shall provide conditions and safeguards for the training and reservation of reservists. Reservists should receive trainings according to law.
Article 28 The military service organs of the local people's governments at or above the county level shall be responsible for reserving reservists in their respective administrative regions. The relevant departments of the local people's governments at or above the county level, the village (township) people's governments at the locality of reservists, the sub-district offices, enterprises and public institutions should provide assistance for the military service organs to conduct well the reservation of reservists.
Article 29 A reservist who is pre-regimented into the active forces, is regimented into the reserve forces or has been engaged for recruitment should report to the military service organ at the place of registration for reserve service if he needs to leave the place of registration for one month or more.
Article 30 After the state decides to initiate national defense mobilization, the military service organs of the people's governments at or above the county level shall, according to the orders of the superior authorities, immediately send recruitment notices to reservists.
After receiving a recruitment notice, a reservist shall report for duty at a designated place according to the requirements of the notice.
Article 31 The employers of recruited reservists should provide assistance for the military service organs to do a good job in the recruitment of reservists.
Entities and individuals engaging in the transport business should firstly transport recruited reservists.
Article 32 After the state decides to initiate national defense mobilization, a reservist who has been engaged for recruitment may not leave the place of registration for reservist service without the approval of the military service organ of the county-level people's government at that place. If he has already left the place, he should immediately return or go to a designated place to report for duty after being notified by the military service organ.
Chapter VI Reservation and Use of Strategic materials
Article 33 The state practices the strategic materials reservation and use system that adapts to the needs for national defense mobilization.
The competent departments under the State Council shall be responsible for the reservation of strategic materials.
Article 34 Entities assigned for reserving strategic materials should preserve and maintain reserved materials pursuant to the relevant state provisions and standards, and make adjustments and replacements at regular intervals so as to guarantee the use efficiency and safety of reserved materials.
The state shall offer subsidies to entities assigned for reserving strategic materials according to the relevant provisions.
Article 35 Strategic materials shall be allocated and used under the relevant state provisions. After the state decides to initiate national defense mobilization, the allocation and use of strategic materials shall be subject to the approval of the State Council and the Central Military Commission.
Article 36 The reservation and use of other materials needed for national defense mobilization shall be governed by the relevant laws and administrative regulations.
Chapter VII Guarantee for Scientific Research, Production and Maintenance of Military Articles
Article 37 The state sets up a guarantee system for the scientific research, production and maintenance of military articles, and reserve supportability for the scientific research, production and maintenance of military articles based on the needs for guaranteeing army orders and equipment maintenance during wartime.
The term “military articles” as mentioned in this Law refers to equipment, materials and production facilities and apparatus exclusively used for military purposes.
Article 38 The type, layout and scale of the reserved supportability for the scientific research, production and maintenance of military articles should be proposed by the competent departments under the State Council and the relevant departments under the Army and be implemented upon approval of the State Council and the Central Military Commission.
Article 39 Entities assigned to change the line of production, increase the production of military articles or provide maintenance services should, based on their national defense mobilization tasks, reserve necessary equipment, materials, auxiliary products and technologies, form necessary professional and technical teams, and make and improve the relevant plans and measures.
Article 40 The people's governments at all levels shall provide support and assistance for entities assigned to change the line of production or increase the production of military articles to develop and apply advanced dual-purpose technologies, promote dual-purpose technical standards, and improve the integrated supportability for the change of the line of production and the increase of the production of military articles.
The competent departments under the State Council should coordinate and support the performance of important trans-regional or trans-sector tasks of changing the line of production or increasing the production of military articles.
Article 41 After the state decides to initiate national defense mobilization, entities assigned to change the line of production or increase the production of military articles should organize the scientific research and production of military articles based on the contracts and the requirements of the tasks of changing the line of production or increasing the production of military articles, guarantee the quality of military articles, deliver goods on schedule, and assist the Army in accomplishing the maintenance tasks. Entities providing energy resources, materials, equipment and auxiliary products for changing the line of production or increasing the production of military articles should firstly meet the demands for changing the line of production or increasing the production of military articles.
The state will offer subsidies to entities which suffer direct economic losses from the assignments to change the line of production or increase the production of military articles.
Chapter VIII Prevention and Relief of War Disasters
Article 42 The state applies the prevention and relief system to war disasters for the purpose of protecting the life safety and property safety of the people and safeguarding the potentiality and persistency of national defense mobilization.
Article 43 The state establishes a classified protection system for military targets, economic targets, social targets and headquarters organs. The criteria of classification shall be determined by the State Council and the Central Military Commission.
The work on the protection of military targets, economic targets, social targets and headquarters organs should be carried out by the people's governments at or above the county level together with the relevant military organs.
Article 44 Entities assigned to protect military targets, economic targets, social targets and headquarters organs shall make defense plans and emergency repair plans, organize rehearsals, and enforce the protection measures to improve the overall efficiency of the defense work.
Article 45 The state sets up a medical rescue and health care system which is applicable to both peacetime and wartime. After the state decides to initiate national defense mobilization, it may efficiently mobilize medical personnel, and allocate medicines and medical facilities, equipment and apparatus to guarantee medical rescue, hygiene and disease control during wartime.
Article 46 After the state has decided to initiate national defense mobilization, where it is necessary to evacuate or harbor persons and materials in an administrative region, the people's government of the region shall make a decision thereon and organize the implementation thereof. If two or more administrative regions are involved, the common people's government at the next higher level of the administrative regions involved shall make a decision thereon and organize the implementation thereof.
Any entity assigned to evacuate or harbor persons and materials shall accomplish its task within the time specified in the decision made by the relevant people's government.
Article 47 In the event of a war disaster, the local people's government shall promptly initiate the emergency aid mechanism, organize forces to save wounded persons, settle victims and protect property so as to eliminate the aftermaths of the war disaster and resume the normal production and livelihood order as soon as possible.
Persons and organizations suffering from a war disaster shall timely take self rescue and mutual rescue measures to reduce losses from the disaster.
Chapter IX National Defense Services
Article 48 After the state has decided to initiate national defense mobilization, the people's governments at or above the county level shall, for the purpose of national defense mobilization, mobilize citizens and organizations that meet the conditions prescribed by this Law to perform national defense services.
The term “national defense services” as mentioned in this Law refers to the tasks of providing support and assistance for the Army in warfare, preventing war disasters, helping victims and assisting the maintenance of social order.
Article 49 Male citizens aged from 18 through 60 and female citizens aged from 18 through 55 shall perform national defense services, except for:
1. Citizens who manage or serve at nurseries, kindergartens, orphanages, nursing homes, recovery centers for the disabled, relief stations and other social welfare institutions;
2. Citizens who teach, manage or serve at schools of compulsory education;
3. Female citizens who are pregnant or lactating children;
4. Citizens unable to perform national defense service due to sickness;
5. Citizens who have lost the ability to work;
6. Citizens who hold office in UN or any other inter-governmental organization; and
7. Other citizens exempted from national defense services upon decision by the people's governments at or above the county level.
Professional and technical personnel who have special expertise and are assigned for specific national defense services shall not be subject to the age limits prescribed in the preceding paragraph.
Article 50 Persons who have been selected for performing national defense services must obey commands, fulfill duties, maintain discipline and guard secrets. Entities where persons assigned to perform national defense services belong to shall offer support and assistance.
Article 51 Entities of transport, postal service, telecommunication, medicine, hygiene, supply of food and grain, engineering construction, energy, chemical industry, massive water projects, nuclear facilities for civil use, news media, scientific research and production for national defense needs, maintenance of municipal facilities, etc., should undertake corresponding national defense services.
During peacetime, the above-mentioned entities shall form professional guarantee forces under the principles of categorizing persons by profession, selecting backbone personnel and efficiently dealing with emergencies, and organize trainings and rehearsals so as to improve their ability for performing national defense services.
Article 52 The people's governments at or above the county level shall be responsible for organizing citizens and organizations to perform national defense services.
The citizens and professional guarantee forces responsible for preventing war disasters, relieving disaster victims and assisting the maintenance of social order shall be under the command of the local people's governments, which shall provide guarantee for their livelihood and their performance of services. For those who perform services in two or more administrative regions, the local people's governments at or above the county level in the administrative regions involved shall be responsible for providing guarantees.
The citizens and professional guarantee forces responsible for providing support and guarantee for the Army in warfare shall be under the command of the military organs. For those who maneuver with the Army, the units which they belong to should be responsible for providing guarantees for their performance of services and their livelihood. For others, the local people's governments shall be responsible.
Article 53 A person assigned to perform national defense services shall, during the time when he performs national defense services, continue enjoying the wage, allowance and other benefits offered by the entity where he works. For a person who doesn't work at any entity, the local people's government at the county level shall offer subsidies under the guidance of the subsidy standards for militiamen who perform war preparedness services. Where any person gets injured or dies for performing national defense services, the local people's government at the county level shall offer pensions and preferential treatments under the Regulation on Pensions and Preferential Treatments for Servicemen and other relevant provisions.
Chapter X Requisition and Compensation of Civil Resources
Article 54 After the state decides to initiate national defense mobilization, if the reserved materials cannot satisfy the mobilization needs, the people's governments at or above the county level may requisition civil resources.
The term “civil resources” as mentioned in this law refers to the facilities, equipment, sites and other materials owned or used by organizations and individuals for social production, service and livelihood.
Article 55 All organizations and individuals shall have the obligation to accept the requisition of civil resources.
The active forces and reserve forces of the PLA, the Chinese People's Armed Police Force and militia organizations which need to use civil resources should proposed their request for requisition to the local people's governments at or above the county level, which shall organize the requisition work in a unified way. The local people's governments at or above the county level should have the requisitioned civil resources registered and issue certificates to the parties whose resources are requisitioned.
Article 56 The following civil resources shall be exempted from requisition:
1. Daily necessities and residential places for individuals and families;
2. Daily necessities and residential places provided by nurseries, kindergartens, orphanages, nursing homes, recovery centers for the disabled, relief stations and other social welfare institutions to children, the elder, the disabled and relief targets; and
3. Other civil resources that should be exempted from requisition as prescribed by laws or administrative regulations.
Article 57 Where it needs to reconstruct any requisitioned civil resource for military needs, the reconstruction work shall be organized by the local people's government at or above the county level together with the relevant military organ.
An entity undertaking the reconstruction task should stick to the military requirements and the reconstruction plan provided by the user and guarantee that the task is accomplished on schedule. Reconstruction expenses shall be paid by the state.
Article 58 The local people's governments at or above the county level shall timely organize the return of civil resources they no longer need. Those that have been reconstructed should be returned after restoring their original functions. Where any civil resource is unrecoverable or destroyed or directly economic losses are caused after it is requisitioned, compensations shall be made under the relevant state provisions.
Article 59 Where the active forces and reserve forces of the Chinese People's Liberation Army, the Chinese People's Armed Police Forces and militia organizations need to requisition any civil resources or take temporary controls for military exercise or training, they shall observe the relevant provisions of the State Council and the Central Military Commission.
Chapter XI Publicity and Education
Article 60 The people's governments at all levels shall give publicity to and provide education about the national defense mobilization work to enhance citizens' concept about national defense and awareness about fulfilling national defense obligations. The relevant military organs shall provide assistance for the publicity and education of national defense mobilization.
Article 61 State organs, social organizations, enterprises, public institutions and grassroots mass organizations of autonomy shall organize their staff members to acquire and familiarize themselves with necessary national defense knowledge and skills.
Article 62 The people's governments at all levels shall apply various kinds of publicity media and means to disseminate patriotism and revolution heroism and educate citizens thereabout, arouse their patriotic enthusiasm, encourage them to join the war or support the front line, hold various forms of activities to support and console the army and give preferential treatment to their families, and do a good job in offering pensions and preferential treatments for servicemen under the relevant state provisions.
Entities of press and publication, broadcasting, film and TV and network medium should do a good job in the publicity, education and other relevant work according to the national defense mobilization requirements.
Chapter XII Special Measures
Article 63 After the state has decided to initiate national defense mobilization, the following special measures may be taken within the national defense mobilization area when necessary:
1. Exercising control over such sectors as finance, transport, postal services, telecommunications, press and publication, broadcasting, film and TV, information network, energy and water supply, medicine and health, food and grain supply, commerce and trade;
2. Setting necessary limits on the region, time and manner of people's activities and the region which materials and delivery vehicles have access to;
3. Employing special work systems in state organs, social organizations, enterprises and public institutions;
4. Giving priority to the transport of armed forces; and
5. Other special measures that need to be taken.
Article 64 The power to decide the employment of special measures across the whole nation or in some specific provinces, autonomous regions or municipalities directly under the Central Government and the power to enforce these measures shall remain with the State Council and the Central Military Commission; the power to decide the employment of special measures in some specific areas of a province, autonomous region or municipality directly under the Central Government shall remain with the State Council and the Central Military Commission, and the power to enforce these measures shall remain with the people's government of the said province, autonomous region or municipality directly under the Central Government and the military organ at the same level.
Article 65 Special measures enforcement organs should enforce special measures within the prescribed powers, regions and time limits. Citizens and organizations within the regions where special measures are enforced should be subject to the management of the special measure enforcement organs.
Article 66 Special measures shall be timely terminated if they are no longer necessary.
Article 67 Where any litigation, administrative reconsideration or arbitration is disrupted by a national defense mobilization order, the provisions on the suspension of limitation and proceeding shall apply, unless it is otherwise provided by law.
Chapter XIII Legal Responsibility
Article 68 Where a citizen has any of the following acts, the people's government at the county level shall order him to correct within a certain time limit and, if he fails to do so, force him to fulfill his obligation:
1. Any person who has been pre-regimented into the active forces, regimented into the reserve forces or has been engaged for the reserve forces leaves the place of registration for reserve service for one month or more and fails to report to the military service organ at the place of registration;
2. After the state decides to initiate national defense mobilization, a person who has been engaged for the reserve forces leaves the place of registration for reserve forces without the approval of the military service organ at the place of registration, fails to return within the time specified by the military service organ, or fails to report for duty at the designated place;
3. Refusing or avoiding to be recruited or to be assigned to perform national defense services;
4. Refusing or delaying the requisition of civil resources, or impeding the reconstruction of requisitioned resources; or
5. Disrupting or undermining the order of the national defense mobilization work or impede any person engaging in the national defense mobilization work from performing duties according to law.
Article 69 Where any enterprise or public institution has any of the following acts, the people's government shall order it to correct within a certain time limit and, if it fails to do so, force it to fulfill its obligation and, if necessary, impose a fine upon it:
1. Failing to follow the national defense requirements and the technical norms or standards in the design, construction or production of a construction project for national defense purposes;
2. Causing loss or damage of strategic materials due to poor management or refusing to accept the strategic materials allocation arrangements;
3. Failing to reserve supportability for the scientific research, production and maintenance of military articles according to the requirements of the tasks of changing the line of production, increasing the production of military articles and guaranteeing the maintenance thereof, or failing to form professional and technical teams as required;
4. Refusing to execute the professional guarantee tasks or delaying the execution thereof;
5. Refusing to accept or intentionally delaying military orders;
6. Refusing to accept or delaying the requisition of civil resources, or obstructing the reconstruction of requisitioned civil resources; or
7. Impeding any citizen from fulfilling the recruitment obligation or the obligation of performing national defense services.
Article 70 Where any of the following acts is committed, disciplinary actions shall be taken against the directly liable person in charge and other directly liable persons:
1. Refusing to execute the national defense mobilization orders given by the superior authorities;
2. Abusing powers or neglecting duties and causing consequential losses to the national defense mobilization work;
3. Refusing to have requisitioned civil resources registered, refusing to issue registration certificates, causing serious damage to requisitioned civil resources due to use in violation of the relevant rules, or failing to return requisitioned civil resources or make compensations as required;
4. Divulging any national defense mobilization secret;
5. Embezzling or misappropriating funds or materials for national defense mobilization; or
6. Abusing powers to infringe upon and damage the legitimate rights and interests of any citizen or organization.
Article 71 Where any violation of this Law constitutes an act in violation of the public security administration, the liable party shall be given a public security administrative punishment; if any crime is constituted, the liable party shall be subject to criminal liability.
Chapter XIV Supplementary Provisions
Article 72 This Law shall come into force on July 1, 2010.