Anti-terrorism Law of the People's Republic of China

 2018-03-24  1170


Anti-terrorism Law of the People's Republic of China

Order of the President of the People's Republic of China No.36

December 27, 2015

The Anti-terrorism Law of the People's Republic of China, as adopted at the 18th session of the Standing Committee of the 12th National People's Congress of the People's Republic of China on December 27, 2015, is hereby issued and shall take effect as of January 1, 2016.

Xi Jinping, President of the People's Republic of China

Anti-terrorism Law of the People's Republic of China

(Adopted at the 18th session of the Standing Committee of the 12th National People's Congress on December 27, 2015)

Table of Contents
Chapter I General Provisions
Chapter II Identification of Terrorist Organizations and Terrorists
Chapter III Safety Precautions
Chapter IV Intelligence Information
Chapter V Investigation
Chapter VI Response and Disposal
Chapter VII International Cooperation
Chapter VIII Safeguard Measures
Chapter IX Legal Liability
Chapter X Supplementary Provisions

Chapter I General Provisions

Article 1 In order to prevent and punish terrorist activities, strengthen anti-terrorism efforts, and safeguard national security, public security and security of people's lives and property, the Anti-terrorism Law of the People's Republic of China (hereinafter referred to as the "Law") is formulated according to the Constitution of the People's Republic of China.

Article 2 The State opposes terrorism in any form and bans terrorist organizations according to the law; any parties organizing, planning, preparing for the implementation of and implementing terrorist activities, promoting terrorism, inciting the implementation of terrorist activities, organizing, leading, and participating in terrorist organizations, and providing assistance for terrorist activities shall be subject to legal liability in accordance with the law.
The State neither compromises with any terrorist organizations or terrorists, nor provides asylum for or gives refugee status to any terrorist.

Article 3 For the purpose of the Law, "terrorism" refers to the contention or behavior of creating social panic, endangering public security, infringing upon personal property, or threatening state organs or international organizations through violence, destruction, intimidation and other means, in order to realize the polity, ideology or other purposes of terrorism.
For the purpose of the Law, "terrorist activities" refer to the following behaviors of terrorism nature:
1. organizing, planning, preparing for the implementation of, or implementing activities that cause or aim to cause serious social harm such as casualties, significant property losses, damages to public facilities and social disorder;
2. promoting terrorism, inciting the implementation of terrorist activities, illegally possessing materials that promote terrorism, or forcing others to wear clothes, accessories or marks in public that promote terrorism;
3. organizing, leading or participating in terrorist organizations;
4. providing support, assistance or convenience such as information, capital, goods and materials, labor services, technologies and venues for terrorist organizations, terrorists, the implementation of terrorist activities or training for terrorist activities; and
5. other terrorist activities.
For the purpose of the Law, "terrorist organizations" refer to criminal organizations composed of more than three persons with a purpose to implement terrorist activities.
For the purpose of the Law, "terrorists" refer to persons who implement terrorist activities and members of terrorist organizations.
For the purpose of the Law, "terrorist incidents" refer to terrorist activities that are being carried out or have been carried out, which cause or may cause significant social harm.

Article 4 The State has incorporated anti-terrorism into national security strategies; it comprehensively implements policies, treats both the symptoms and root causes of the issue, enhances capacity building for anti-terrorism, and uses political, economic, legal, cultural, educational, diplomatic, military and other means towards anti-terrorism efforts.
The State opposes extremism in any form which incites hatred, encourages discrimination, or advocates violence through distorting religious doctrines or other methods, in order to eliminate ideological basis of terrorism.

Article 5 Anti-terrorism efforts shall uphold the principles of combining specialized work with working with the masses, putting prevention first, combining punishment and prevention, dominating the enemy by striking first, and keeping the initiative.

Article 6 It is imperative to make anti-terrorism efforts to accord with the law, respect and safeguard human rights, and protect the legitimate rights and interests of citizens and organizations.
In carrying out anti-terrorism efforts, respect shall be given to citizens' freedom of religious belief and national customs and traditions, and any discriminatory practices based on region, ethnicity, religion and other grounds shall be prohibited.

Article 7 The State establishes a leading institution for anti-terrorism efforts to provide unified leadership and command for national anti-terrorism efforts.
Local people's governments at or above the level of city with districts shall establish leading institutions for anti-terrorism efforts; the people's governments at the county level may, according to their needs, establish leading institutions for anti-terrorism efforts, which are in charge of their local anti-terrorism efforts under the leadership and command of the leading institutions for anti-terrorism efforts at higher level.

Article 8 Public security organs, state security organs, people's procuratorates, people's courts, judicial administrative organs and other relevant government offices shall, based on the division of work, implement the job responsibility system, and effectively make anti-terrorism efforts according to the law.
The Chinese People's Liberation Army, the Chinese People's Armed Police Force and militia organizations shall prevent and deal with terrorist activities in accordance with the Law, other relevant laws, administrative regulations, military regulations, orders of the State Council and the Central Military Commission, and under the deployment of leading institutions for anti-terrorism efforts.
Relevant departments shall establish a coordinated response mechanism, and rely on and mobilize the villagers' committees, residents' committees, enterprises, public institutions and social organizations to jointly carry out anti-terrorism efforts.

Article 9 Any entities and individuals shall assist and cooperate with relevant departments in making anti-terrorism efforts, and timely report suspected terrorist activities or terrorists found to public security organs or relevant departments.

Article 10 Honors and rewards shall be given according to relevant state provisions to entities and individuals who make outstanding contributions to the reporting of terrorist activities or the assistance in preventing or stopping terrorist activities, or make other prominent contributions ton anti-terrorism efforts.

Article 11 The People's Republic of China has criminal jurisdiction over and will impose criminal liability in accordance with the law for terrorist crimes committed against the People's Republic of China or citizens or organizations thereof outside the territory of the People's Republic of China, or terrorist crimes against international treaties concluded or ratified by the People's Republic of China.

Chapter II Identification of Terrorist Organizations and Terrorists

Article 12 The national leading institution for anti-terrorism efforts shall identify terrorist organizations and terrorists according to Article 3 hereof, and its office shall make the corresponding announcement.

Article 13 The public security department, the national security department and the foreign affairs department under the State Council and provincial leading institutions for anti-terrorism efforts shall file an application with the national leading institution for anti-terrorism efforts if they need to identify terrorist organizations and terrorists.

Article 14 Financial institutions and specific non-financial institutions shall immediately freeze the capital or other assets of terrorist organizations and terrorists that have been announced by the office of the national leading institution for anti-terrorism efforts, and report the same to the public security department, the national security department and the competent administrative department of anti-money laundering under the State Council in a timely manner in accordance with relevant provisions.

Article 15 Where the identified terrorist organizations and terrorists refuse to accept the identification, they may apply for review through the office of the national leading institution for anti-terrorism efforts. The national leading institution for anti-terrorism efforts shall timely conduct review, and make a decision on maintaining or revoking the identification. The review decision is final.
If the national leading institution for anti-terrorism efforts decides to revoke the identification, the office of the national leading institution for anti-terrorism efforts shall make an announcement; if capital or assets have been frozen, the freeze shall be lifted.

Article 16 According to the Criminal Procedure Law, the intermediate people's courts or above that have jurisdiction may identify terrorist organizations and terrorists in accordance with the law during the trial of criminal cases. If the corresponding announcement shall be made by the office of the national leading institution for anti-terrorism efforts after entry into force of the judgment, the relevant provisions of this Chapter shall apply.

Chapter III Safety Precautions

Article 17 The people's governments at all levels and relevant departments shall organize and conduct anti-terrorism publicity and education to raise citizens' anti-terrorism awareness.
Competent administrative departments of education and human resources, schools, and relevant vocational training institutions shall incorporate the knowledge of prevention of terrorist activities and emergency responses into their educational, teaching and training curricula.
News, radio, television, culture, religion, internet and other relevant entities shall carry out targeted anti-terrorism publicity and education oriented to the public.
Villagers' committees and residents' committees shall assist the people's governments and relevant departments in strengthening anti-terrorism publicity and education.

Article 18 Telecommunications service operators and internet service providers shall provide technical support and assistance such as technical interfaces and decryption for the prevention of and investigation into terrorist activities conducted by public security organs and national security organs according to the law.

Article 19 Telecommunications service operators and internet service providers shall, in accordance with laws and administrative regulations, implement network security and information content supervision systems, and safety and technical precautions, to prevent the dissemination of information involving terrorism and extremism; if such information is found, its transmission shall be immediately halted; relevant records shall be saved; relevant information shall be deleted, and reported to the public security organs or related departments.
Competent departments of network communications, telecommunications, public security, national security and others shall, according to the division of their duties, timely order relevant entities to stop the transmission of or delete the information involving terrorism and extremism, shut down relevant websites, or cease related services. Relevant entities shall implement the order immediately, save relevant records and provide assistance in conducting investigation. Competent departments of telecommunications shall take technical measures to stop the cross-border transmission of information involving terrorism and extremism on the Internet.

Article 20 Railway, road, water or air cargo transport entities and postal offices, couriers, and other logistics operators shall implement safety inspection system, check customers' identities, and carry out safety check or visual check on articles transported or delivered in accordance with relevant provisions. It is not allowed to transport or deliver any articles, the transport or delivery of which is prohibited, which have material hidden dangers, or for which customers refuse the safety inspection.
Logistics operators prescribed in the preceding paragraph shall implement registration system for customers' identities and the information about the articles involved in the transportation and delivery.

Article 21 Telecommunications, internet, finance, accommodation, long-distance passenger transport, motor vehicle leasing and other business operators and service providers shall check the identities of customers. No service shall be provided for unidentified customers or those who refuse the identity check.


Article 22 Manufacturers and importing entities shall make electronic tracking marks for guns and other weapons, ammunition, controlled appliance, dangerous chemicals, civil use-explosives, nuclear and radioactive materials in accordance with relevant provisions, and shall add security inspection tracers to civil use explosives.
Transport entities shall monitor the vehicles in operation that transport hazardous chemicals, civil-use explosives, nuclear and radioactive materials through positioning systems in accordance with relevant provisions.
Relevant entities shall conduct strict supervision and administration over substances such as infectious pathogens in accordance with relevant provisions, and tightly prevent the spread or entry into illegal channels of infectious pathogens and other substances.
For controlled appliance, dangerous chemicals and civil-use explosives, relevant competent departments of the State Council or provincial people's governments may, according to the needs, decide to control their production, import, export, transport, sale, use, and elimination within a specific area and a specific time, and may prohibit cash transactions or in-kind transactions, or impose other restrictions on trading activities.

Article 23 Where guns and other weapons, ammunition, dangerous chemicals, civil-use explosives, nuclear and radioactive materials, infectious pathogens and other substances are stolen, robbed, or lost, or disappear under other circumstances, the involved entities shall immediately take necessary control measures, and immediately report the cases to the public security organs, and to the related competent departments at the same time according to relevant provisions. After receiving the report, the public security organs shall promptly conduct investigation. Relevant competent departments shall cooperate with the public security organs in carrying out the work.
No entities or individuals may illegally manufacture, produce, store, transport, import and export, sell, offer, purchase, use, possess, scrap or destruct the articles provided for in the preceding paragraph. If public security organs discover any entities or individuals do so, the relevant articles shall be seized; if other competent departments discover any entities or individuals do so, the relevant articles shall be seized, and public security organs shall be immediately notified; if other entities or individuals discover any entities or individuals do so, the discovery shall be promptly reported to public security organs.

Article 24 The competent administrative department of anti-money laundering, relevant departments and organizations under the State Council shall carry out supervision and administration over financial institutions' and specific non-financial institutions' performance of their anti-terrorism financing obligations.
The competent administrative department of anti-money laundering under the State Council may conduct investigation in accordance with the law, and take temporary freezing measures if any suspected terrorist financing is discovered thereby.

Article 25 Audit, finance, taxation and other departments shall promptly inform the public security organs if they found any inflow and outflow of funds suspected of being involved in terrorist financing in the course of conducting supervision and inspection on relevant entities in accordance with the laws and administrative regulations.

Article 26 Customs shall immediately inform the competent administrative department of anti-money laundering under the State Council and public security organs with the jurisdiction if they have found any suspected terrorist financing while carrying out the supervision and administration over incoming and outgoing travelers who carry cash and bearer negotiable securities.

Article 27 Local people's governments at all levels shall meet the needs of anti-terrorism efforts in the development and organization of implementation of urban and rural planning.
Local people's governments at all levels shall, according to its needs, organize and urge relevant construction entities to provide and install public security video image information systems and other technical and material prevention equipment and facilities to prevent terrorist attacks at key parts of main roads, transportation hubs, and urban public areas.

Article 28 Public security organs and relevant departments shall timely stop and impose legal liability in accordance with the law for f promoting extremism, using extremism to endanger public security, disturbing the public order, infringing upon personal property, and obstructing social administration.
Public security organs shall order the immediate stop of extremist activities found thereby, remove relevant persons from the site, register their identity information, confiscate related articles and materials, and seal up the venues for illegal activities.
Any entities or individuals shall immediately report to the public security organs if they found any articles, materials or information used for promoting extremism.

Article 29 For persons who have been incited, coerced or enticed to participate in terrorist activities or extremist activities, or persons who participate in terrorist activities or extremist activities to a minor degree, which does not constitute a crime, public security organs shall organize relevant departments, villagers' committees, residents' committees, their employers, schools, families and guardians to help and educate them.
Prisons, detention centers and community correction institutions shall strengthen the management, education, correction and other work related to those who are serving sentences for crimes of terrorism or extremism. Prisons and detention centers may imprison criminals of terrorist activities and extremism with common criminals, or separately based on the needs of education, reform and maintaining the supervisory order.

Article 30 For convicts of terrorist activities and extremism who have been sentenced to imprisonment or more severe punishment, prisons and detention centers shall, before they are released following completion of their sentences, carry out social risk assessment according to their criminal nature, circumstances, level of social harm, performance while serving their sentences, and impact on the residential community they live in after the release. The opinions of relevant primary organizations and the original case handling authorities shall be sought for the social risk assessment. If it is found upon assessment that such convicts constitute social danger, prisons and detention centers shall submit a resettlement and education proposal to the intermediate people's courts at places where the convicts have served their sentences, with a copy thereof sent to the people's procuratorates at the same level.
The intermediate people's courts at places where the convicts have served their sentences shall, before such convicts who indeed have social danger are released following completion of their sentences, make a decision on ordering them to accept the resettlement and education after the release, and shall pass the copy of such decision to the people's procuratorates at the same level. If the persons receiving the order oppose the decision, they may apply for reconsideration to the people's court at the level immediately above.
Resettlement and education shall be organized and implemented by the provincial people's governments. Resettlement and educational institutions shall assess the persons under such resettlement and education each year, and shall timely propose the removal of resettlement and education for persons who showed signs of repentance and will no longer harm the society, and submit such proposal to the intermediate people's courts making the decision on resettlement and education for approval. The persons under resettlement and education are entitled to apply for the removal of such resettlement and education.
The people's procuratorates shall supervise the decision on resettlement and education and the implementation thereof.

Article 31 Public security organs shall, in concert with relevant departments, identify the entities, venues, events and facilities and so on which are more likely to suffer terrorist attacks and on which terrorist attacks may cause serious casualties, property damages or social impact as the key targets for prevention of terrorist attacks, and file them with the leading institution for anti-terrorism efforts at the corresponding level.

Article 32 The entities managing key targets shall perform the following duties:
1. formulating plans and measures for preventing, responding to and disposing of terrorist activities, and carrying out regular training and drills;
2. establishing systems for ensuring funds ear-marked for anti-terrorism efforts, and providing and updating facilities and equipment for preventing and disposing of terrorist activities;
3. assigning relevant institutions or responsible personnel, and clarifying job responsibilities;
4. implementing risk assessment and real-time monitoring for security threats, and improving internal security management; and
5. regularly reporting the implementation situation of preventive measures to public security organs and relevant departments.
The entities managing key targets shall, according to urban and rural planning, relevant standards and actual needs, synchronously design, construct and operate the technical and material prevention equipment and facilities conforming to Article 27 of this Law for key targets.
The entities managing key targets shall establish on-duty monitoring, information storage and use, operation and maintenance and other management systems to ensure the normal operation of the public security video image information systems. Video image information that is captured shall be stored for not less than 90 days.
For entities, venues, events and facilities related to pubic security other than the key targets, the competent departments and management entities shall establish and improve security management systems and define security responsibilities in accordance with the laws and administrative regulations.

Article 33 The entities managing key targets shall conduct security and background reviews of persons in key posts. Any inappropriate personnel shall be transferred to other posts and the relevant situation reported to the public security organs.

Article 34 The entities undertaking large-scale activities and the entities managing key targets shall, according to relevant provisions, carry out safety check on persons, articles and vehicles entering the key targets such as the venues for large-scale activities, airports, railway stations, docks, urban rail stations, long-distance passenger stations and ports. Any prohibited and controlled articles found shall be confiscated and immediately reported to the public security organs; any criminal suspects discovered shall be immediately reported to the public security organs.

Article 35 The entities operating aircrafts, trains, ships, urban rail vehicles, buses, trolley buses and other public transport vehicles shall be staffed by security personnel and equipped with appropriate equipment and facilities in accordance with relevant provisions to strengthen safety check and security work.

Article 36 Public security organs and relevant departments shall grasp the basic information and important development of key targets, and direct and supervise the entities managing key targets to fulfill their responsibilities of preventing terrorist attacks.
Public security organs and the Chinese People's Armed Police Force shall follow relevant provisions in guarding, patrolling and inspecting key targets.

Article 37 Competent departments of flight control, civil aviation, public security and so on shall, according to the division of duties, strengthen airspace, aircraft and flight activity management, and strictly prevent terrorist activities against aircrafts or conducted by using flight activities.

Article 38 The people's governments at all levels and military organs shall set up obstruction and separation networks, video image capturing equipment and alarms for illegal border crossing in key frontier (border) areas and ports.
Public security organs and the Chinese People's Liberation Army shall organize strict frontier (border) patrols, and check and inspect the personnel, transportation vehicles and articles arriving at or departing from areas near frontiers (borders), exiting or entering frontier (border) administration areas and frontier (border) passages or ports, as well as the ships in coastal and border areas.

Article 39 The issuing authorities of immigration certificates and immigration inspection authorities have the right to reject the entry or exit of terrorists and suspected terrorists, decide not to issue immigration certificates to them, or declare their exit or entry certificates invalid.

Article 40 Customs and immigration inspection authorities shall detain or withhold suspected terrorists or articles suspected of being involved in terrorist activities found in accordance with the law, and immediately transfer them to public security organs or national security organs.
Inspection and quarantine authorities shall withhold articles suspected of being involved in terrorist activities found thereby in accordance with the law, and promptly transfer them to public security organs or national security organs.

Article 41 The competent departments of foreign affairs, public security, national security, development and reform, industry and information technology, commerce, tourism and others under the State Council shall establish security risk assessment systems for overseas investment and cooperation, tourism and so on, and strengthen security protection for Chinese citizens abroad and institutions, facilities and property stationed abroad, in order to prevent and respond to terrorist attacks.

Article 42 Chinese institutions abroad shall establish and improve security protection systems and response and disposal plans and strengthen security protection for relevant personnel, facilities and property.

Chapter IV Intelligence Information

Article 43 The national leading institution for anti-terrorism efforts shall establish a national anti-terrorism intelligence center, implement trans-departmental and trans-regional intelligence information work mechanisms, and carry out overall plans for anti-terrorism intelligence information work.
Relevant departments shall strengthen the gathering of anti-terrorism intelligence information, and shall timely and uniformly submit the intelligence information on leads, personnel or activities gathered to the national anti-terrorism intelligence center in a centralized manner according to relevant provisions.
Local leading institutions for anti-terrorism efforts shall establish trans-departmental intelligence information work mechanisms, organize and conduct anti-terrorism intelligence information work, timely report important intelligence information to the leading institutions for anti-terrorism efforts at higher level, and promptly inform related local authorities of any urgent intelligence information involving other areas.

Article 44 Public security organs, national security organs and related departments shall rely on the masses, strengthen the work at grass roots or basic level, establish forces for grass-roots intelligence information work, and raise the capability for anti-terrorism intelligence information work.

Article 45 Public security organs, national security organs and military organs may, within the scope of their duties and based on the needs of anti-terrorism intelligence information work, take technical reconnaissance measures upon strict approval formalities according to relevant national provisions.
Materials acquired in accordance with the foregoing provisions may only be used for anti-terrorism response and disposal and investigation into, prosecution and trial of terrorist crimes and extremist crimes, and shall not be used for any other purposes.

Article 46 Relevant departments shall timely provide the information obtained in the safety precaution work provided for in Chapter III hereof in accordance with the requirements of the national anti-terrorism intelligence center.

Article 47 Relevant departments such as the national anti-terrorism intelligence center, local leading institutions for anti-terrorism efforts and public security organs shall screen, analyze and judge, examine and monitor relevant intelligence information; if it is suspected that terrorist incidents may occur, and relevant safety precautions and response and disposal measures shall be adopted, relevant departments and entities shall be timely informed, and a warning may be given according to the circumstances. Relevant departments and entities shall effectively implement safety preventions and response and disposal measures based on the notice.

Article 48 The leading institutions for anti-terrorism efforts, relevant departments, entities and individuals shall keep confidential any state secrets, commercial secrets and individual private information they acquired knowledge of during the performance of their anti-terrorism responsibilities and obligations.
Those who, in violation of the provisions, divulge state secrets, commercial secrets or individual private information shall have legal liability imposed.

Chapter V Investigation

Article 49 Public security organs shall quickly start an investigation if they receive reports on or discover suspected terrorist activities, which need to be investigated and verified.

Article 50 In investigating suspected terrorist activities, public security organs may, pursuant to relevant laws, conduct cross-examination or inspection on or summon suspects, extract or collect portraits, fingerprints, iris images and other biometric identification information, as well as blood, urine, exfoliated cells and other biological samples, and keep their signatures.
When investigating suspected terrorist activities, public security organs may notify relevant persons who have the related information of coming to the public security organs or other locations for questioning.

Article 51 Public security organs have the right to collect and retrieve related information and materials from relevant entities and individuals in the investigation into suspected terrorist activities. Such entities and individuals shall truthfully provide such information and materials.

Article 52 In investigating suspected terrorist activities, public security organs may, upon the approval of the persons in charge of the public security organs at or above the county level, inquire the deposits, remittances, bonds, stocks, fund shares and other assets of suspects, or take measures including sealing up, seizing or freezing such assets. The period for sealing up, seizing or freezing shall not exceed two months; under complicated circumstances, the period may be extended by one month upon the approval of the persons in charge of the public security organs at the next higher level.

Article 53 In the investigation into suspected terrorist activities, public security organs may, upon the approval of the persons in charge of the public security organs at or above the county level, order suspects to observe one or more of the following restrictive measures based on the degree of danger thereof:
1. they shall not leave the city or county of residence, or the designated domicile without the approval of the public security organs;
2. they shall not participate in large-scale mass activities or engage in specific activities;
3. they shall not take public transport or enter specific venues without the approval of the public security organs;
4. they shall not meet or communicate with specific persons;
5. they shall regularly report their activities to the public security organs; and
6. they shall hand over their immigration certificates including passports, identity documents, or driving licenses to the public security organs for keeping.
Public security organs may supervise their observance of such restrictive measures by means of electronic monitoring or casual inspection or through other methods.
The period for taking the restrictive measures set forth in the preceding two paragraphs shall not exceed three months. If it is unnecessary to continue to take the restrictive measures, they shall be timely lifted.

Article 54 After investigation, if public security organs found criminal facts or suspects, the cases involved shall be filed for investigation according to the Criminal Procedure Law. If public security organs do not file a case for investigation prior to expiration of the related period provided for in this Chapter, relevant measures shall be lifted.

Chapter VI Response and Disposal

Article 55 The State establishes a comprehensive system for terrorist incident response and disposal plans.
The national leading institutions for anti-terrorism efforts shall, according to the patterns, characteristics and potential damage to society of terrorist incidents, develop national response and disposal plans by level and category, specifically providing for the organization and command system for responding to and disposing of terrorist incidents, safety precautions, and response and disposal procedures for terrorist incidents, ex-post social order restoration, and other contents.
Relevant departments and local leading institutions for anti-terrorism efforts shall develop corresponding response and disposal plans.

Article 56 To respond to and dispose of terrorist incidents, the leading institutions for anti-terrorism efforts at all levels shall set up a commanding agency with the participation of relevant departments, and the chief commander responsibility system shall be implemented. The persons in charge of the leading institutions for anti-terrorism efforts may serve as the chief commander, or the persons in charge of public security organs or of other member entities of the leading institutions for anti-terrorism efforts may be appointed as the chief commander.
The national leading institution for anti-terrorism efforts is responsible for the command of the response to and disposal of terrorist incidents that occur across provinces, autonomous regions, or municipalities directly under the Central Government, or especially serious terrorist incidents; the provincial leading institutions for anti-terrorism efforts take command of the response to and disposal of terrorist incidents that occur across several administration divisions within the provinces, autonomous regions or municipalities directly under the Central Government, or serious terrorist incidents.

Article 57 After a terrorist incident occurs, the leading institution for anti-terrorism efforts at the place of occurrence shall immediately launch the terrorist incident response and disposal plan, and determine the chief commander. Relevant departments, the Chinese People's Liberation Army, the Chinese People's Armed Police Force and militia organizations shall cooperate in carrying out on-site response and disposal efforts such as combat, control, rescue and first aid under the unified leading and command of the leading institution for anti-terrorism efforts and the chief commander.
The leading institutions for anti-terrorism efforts at higher level may give guidance to response and disposal efforts, and transfer relevant anti-terrorism forces for support if necessary.
If entering into the state of emergency is required, the Standing Committee of the National People's Congress or the State Council shall make a decision thereon according to the authority and procedures provided for by the Constitution and other relevant laws.

Article 58 Public security organs shall immediately dispose of terrorist incidents or suspected terrorist incidents upon discovery of them, and report the same to the leading institutions for anti-terrorism efforts; the Chinese People's Liberation Army and the Chinese People's Armed Police Force shall immediately control ongoing terrorist activities upon discovery of them, and timely transfer such cases to public security organs.
If no chief commander has been appointed for a leading institution for anti-terrorism efforts, the highest ranking officer of the public security organ disposing of the terrorist incident at the scene shall serve as an on-site commander. If the public security organ has not arrived at the scene, the highest ranking officer of the Chinese People's Liberation Army or the Chinese People's Armed Police Force disposing of the terrorist incident at the scene shall hold the post of on-site commander. On-site response and disposal personnel shall follow the leadership of the on-site commander regardless of whether they come from the same entity or system.
After a chief commander has been appointed, the on-site commander shall ask for his instructions, and report the relevant work or relevant situation to him.

Article 59 Where institutions, personnel or key facilities of the People's Republic of China located abroad have suffered or may suffer terrorist attacks, the competent departments of foreign affairs, public security, national security, commerce, finance, state-owned assets supervision and administration, tourism, transport and others under the State Council shall promptly launch response and disposal plans. The foreign affairs department of the State Council shall coordinate with relevant countries to take corresponding measures.
After institutions, personnel or key facilities of the People's Republic of China located abroad have suffered severe terrorist attacks, upon discussion with and consent of relevant countries, the national leading institution for anti-terrorism efforts may organize departments of foreign affairs, public security, national security and so on to dispatch personnel to go abroad and carry out the response and disposal work.

Article 60 In responding to and disposing of terrorist incidents, priority shall be given to the protection of personal safety of those directly harmed and endangered by terrorist activities.

Article 61 After a terrorist incident has occurred, the leading institution for anti-terrorism efforts in charge of the response to and disposal of the incident may decide that relevant departments and entities take one or more of the following response and disposal measures:
1. organize the rescue and treatment of injured personnel, disperse, evacuate and properly place endangered personnel, and take other rescue measures;
2. seal off the scene and the surrounding roads, check identity documents of on-site persons, and set up temporary cordons near the venues concerned;
3. control the airspace or sea (water) area within a specific region, and inspect transport vehicles within a specific region;
4. implement control measures over the Internet, radio and communications within a specific region;
5. conduct immigration control within a specific region or against specific persons;
6. prohibit or restrict the use of relevant equipment and facilities, close or restrict the use of relevant venues, and suspend activities with crowds or production and operation activities that may cause the expansion of harm;
7. carry out urgent repair on damaged public facilities such as transport, telecommunications, Internet, radio, television, water supply, drainage, electricity supply, gas supply and heating;
8. organize volunteers to participate in anti-terrorism rescue work, and request persons with specific expertise to provide services; and
9. other necessary response and disposal measures.
Adoption of the response and disposal measures provided for in Items 3 to 5 of the preceding paragraph shall be decided or approved by the leading institution for anti-terrorism efforts at or above the provincial level; adoption of the response and disposal measure set forth in Item 6 of the preceding paragraph shall be subject to the decision made by the leading institution for anti-terrorism efforts at or above the level of city with districts. The explicit time and space ranges shall be defined for the application of response and disposal measures and publicized to the public.

Article 62 The people's police, people's armed police and other response and disposal personnel that are equipped with and carry weapons in accordance with the law may use their weapons against the persons who are holding guns, knives or other weapons or using other dangerous methods at the scene, and are committing or are to commit violent acts if warnings proved ineffective; if under emergency or if giving a warning may result in more serious harm, weapons can be directly used.

Article 63 The information on the occurrence, development and response to and disposal of terrorist incidents shall be released in a unified manner by the provincial leading institutions for anti-terrorism efforts at the places where the terrorist incidents have occurred; terrorist incidents that occur across more than one province, autonomous region or municipality directly under the Central Government shall be uniformly released by the designated provincial leading institution for anti-terrorism efforts.
No entities or individuals may fabricate or spread false information about terrorist incidents, report or spread implementation details of terrorist activities that may cause the imitation thereof, or release cruel and inhuman scenes of terrorist incidents; during the response to and disposal of terrorist incidents, unless the leading institution for anti-terrorism efforts in charge of information release have so approved, relevant news media may not report or spread the identity information of on-site response and disposal personnel or hostages, or the implementation situation of response and disposal.

Article 64 After completion of the response to and disposal of terrorist incidents, the people's governments at all levels shall organize relevant departments to help the affected entities and individuals to restore their lives and production as soon as possible, so as to stabilize the social order and public sentiment in the affected areas.

Article 65 Local people's governments shall promptly give appropriate assistance to victims of terrorist incidents and their close relatives, and provide basic living necessities for victims and their close relatives who have lost basic living necessities. Competent departments of health, civil affairs and so forth shall provide psychological, medical and other assistance for victims of terrorist incidents and their close relatives.

Article 66 Public security organs shall timely file and investigate terrorist incidents, establish the causes for the occurrence, process and results of the incidents, and hold the terrorist organizations and terrorists criminally liable in accordance with the law.

Article 67 The leading institutions for anti-terrorism efforts shall carry out comprehensive analysis, summary of and assessment on the occurrence of terrorist incidents and the response to and disposal of the incidents, propose improvements to precautionary and response measures and report the same to the leading institutions for anti-terrorism efforts at the next higher level.

Chapter VII International Cooperation

Article 68 The People's Republic of China carries out anti-terrorism cooperation with other countries, regions or international organizations according to international treaties that China has concluded or acceded to, or in line with the principles of equality and mutual benefit.

Article 69 Relevant departments of the State Council, as authorized by the State Council, carry out anti-terrorism policy dialogues, exchanges of intelligence information, and cooperation in law enforcement and supervision on international funds with foreign governments and relevant international organizations on behalf of the Chinese government.
Provided that it does not violate Chinese laws, upon the approval of the State Council or relevant central departments, local people's governments at or above the county level in border regions of China and their competent departments may carry out exchanges of intelligence information, and cooperation in law enforcement and supervision on international funds against terrorism with neighboring countries or regions.

Article 70 The judicial assistance, extradition and transfer of sentenced offenders in criminal cases involving terrorist activities shall be carried out in accordance with relevant laws and regulations.

Article 71 The public security department and the national security department under the State Council may dispatch personnel for anti-terrorism missions outside of China upon reaching an agreement with relevant countries, and reporting the same to the State Council for approval.
When the Chinese People's Liberation Army or the Chinese People's Armed Police Force dispatches personnel to leave China on anti-terrorism missions, the approval of the Central Military Commission is required.

Article 72 Materials obtained through international anti-terrorism cooperation may be used as evidence in administrative penalties and criminal proceedings, except those that China has undertaken will not be as evidence.

Chapter VIII Safeguard Measures

Article 73 The State Council and local people's governments at or above the county level shall, according to the division of powers and responsibilities, respectively include the costs for anti-terrorism efforts into the financial budget for the same level.
The State gives necessary financial support to key anti-terrorism areas, and provides financial guarantee for the response to and disposal of large-scale terrorist incidents.

Article 74 Public security organs, national security organs, relevant departments, the Chinese People's Liberation Army and the Chinese People's Armed Police Force shall, according to the duties stipulated by the law, establish professional anti-terrorism forces, strengthen professional training, and be equipped with necessary professional anti-terrorism equipment and facilities.
The people's governments at county and township levels shall instruct relevant entities, villagers' committees and residents' committees to establish anti-terrorism forces and volunteer teams as needed to assist and cooperate with relevant departments in anti-terrorism efforts.

Article 75 Corresponding benefits shall be given to persons injured or killed as a result of performing anti-terrorism duties or assisting or cooperating with relevant departments in anti-terrorism efforts pursuant to relevant national provisions.

Article 76 Where persons or their close relatives are endangered because of reporting or stopping terrorist activities, serving as witness in terrorist criminal cases or engaging in anti-terrorism efforts, upon the application of such persons or their close relatives, public security organs and relevant departments shall take one or more of the following protective measures:
1. do not disclose real names, addresses, employers and other personal information;
2. prohibit specific persons from contacting protected persons;
3. take special protective measures for personal safety and residences;
4. change names of protected persons, or arrange new residences and employers for them; and
5. other necessary protective measures.
Public security organs and relevant departments shall, according to the provisions in the preceding paragraph, keep real names and addresses of protected entities confidential, prohibit specific persons from approaching protected entities, take special protective measures for the offices and premises of protected entities, or take other necessary protective measures.

Article 77 The State encourages and supports scientific research and technological innovation in anti-terrorism, and the development, promotion and use of advanced anti-terrorism technologies and equipment.

Article 78 In case of urgent needs in the performance of anti-terrorism duties, public security organs, national security organs, the Chinese People's Liberation Army and the Chinese People's Armed Police Force may expropriate the property of entities or individuals according to relevant national provisions. Upon completion of said duties, the property shall be timely returned or recovered; corresponding fees shall be paid according to relevant provisions; losses caused thereby (if any) shall be compensated.
If the legitimate rights and interests of relevant entities or individuals are damaged because of launching anti-terrorism efforts, the compensation and indemnity shall be given according to law. Such entities and individuals are entitled to claim compensation and indemnity in accordance with the law.

Chapter IX Legal Liability

Article 79 Criminal sanctions will be given to any parties organizing, planning, preparing for the implementation of and implementing terrorist activities, promoting terrorism, inciting the implementation of terrorist activities, illegally possessing articles that promote terrorism, forcing others to wear clothes, accessories or marks in public that promote terrorism, organizing, leading and participating in terrorist organizations, and providing assistance for terrorist organizations, terrorists, the implementation of terrorist activities or the training on terrorist activities.

Article 80 For any persons who participate in any of the following activities, if the circumstances are minor and no crime is constituted, the public security organs shall impose a detention of not less than ten days but not more than 15 days, and may impose a concurrent fine of not more than CNY10,000:
1. promoting terrorism or extremism, or inciting the implementation of terrorist activities and extremist activities;
2. manufacturing, spreading or illegally possessing articles that promote terrorism and extremism;
3. forcing others to wear clothes, accessories or marks in public that promote terrorism and extremism; or
4. providing information, capital, materials, labor services, technologies, venues and others to support, assist and facilitate the promotion of terrorism and extremism or implementation of terrorist activities and extremist activities.

Article 81 The public security organs shall impose a detention of not less than five days but not more than 15 days, and may impose a concurrent fine of not more than CNY10,000 on those who implement any of the following activities by making use of extremism if the circumstances are minor and no crime has been constituted:
1. forcing others to participate in religious activities, or forcing others to provide property or labor services for places of religious activities or clerical persons;
2. ousting persons of other ethnicities and religious faiths from their places of residence through intimidation, harassment or otherwise;
3. interfering with other persons' relationships or living with persons of other ethnicities and religious faiths through intimidation, harassment or otherwise;
4. interfering in living customs and lifestyles of others, or in the production and operation of others through intimidation, harassment or otherwise;
5. obstructing the performance of duties by functionaries of state organs in accordance with the law;
6. misrepresenting or defaming national policies, laws and administrative regulations, or inciting or instigating the resistance against the administration by people's governments according to the law;
7. inciting or coercing the masses to destroy or deliberately damage their resident identity cards, household register and other legal documents of the State and Renminbi;
8. inciting or coercing others to replace the registration of marriage and divorce by religious ceremonies;
9. inciting or coercing minors to refuse compulsory education; or
10. other activities undermining the implementation of national legal systems by make use of extremism.

Article 82 Where any persons know that others have committed terrorist crimes or extremist crimes but still harbor and shield them, and the circumstances are minor, and no crime is constituted, or, where judicial organs inquire of the persons about relevant situations or collect relevant evidence from them, but they refuse to provide such information or evidence, the public security organs shall impose a detention of not less than ten days but not more than 15 days, and may impose a concurrent fine of not more than CNY10,000.

Article 83 Where any financial institutions and specific non-financial institutions fail to immediately freeze the funds or other assets of terrorist organizations and terrorists announced by the office of the national leading institution for anti-terrorism efforts, the public security organs shall impose a fine of not less than CNY200,000 but not more than CNY500,000, and shall impose a fine of not more than CNY100,000 on directly responsible directors and senior officers and other personnel directly liable; if the circumstances are serious, a fine of not less than CNY500,000 shall be imposed, and a fine of not less than CNY100,000 but not more than CNY500,000 shall be imposed on directly responsible directors and senior officers and other personnel directly liable, and a detention of not less than five days but not more than 15 days may be imposed concurrently.

Article 84 Under any of the following circumstances, telecommunications service operators or internet service providers will be fined not less than CNY200,000 but not more than CNY500,000 by the competent departments, and their personnel directly in charge and other persons directly liable shall be fined not more than CNY100,000; if the circumstances are serious, a fine of not less than CNY500,000 shall be imposed on the operators or providers, and a fine of not less than CNY100,000 but not more than CNY500,000 shall be imposed on their persons directly in charge and other persons directly liable, with a detention of not less than five days but not more than 15 days that may be imposed by the public security organs:
1. failing to provide technical support and assistance such as technical interfaces and decryption as required for the prevention of and investigation into terrorist activities by the public security organs and national security organs according to the law;
2. failing to stop the transmission of or delete the information involving terrorism or extremism, to keep relevant records, to shut down relevant websites, or to cease relevant services according to the requirements of competent departments; or
3. failing to implement the network safety or information content supervision system or safety or technical precautions, resulting in the dissemination of information involving terrorism and extremism, and the circumstances are serious.

Article 85 Where any railway, road, water or air cargo transport entities and post offices, couriers, or other logistics operators fall into any of the following circumstances, the competent departments shall impose a fine of not less than CNY100,000 but not more than CNY500,000 thereon, and a fine of not more than CNY100,000 on their personnel directly in charge and other persons directly liable:
1. failing to implement the safety inspection system, to check the customers' identities, or to conduct safety check or visual check on the articles transported or delivered in accordance with the provisions;
2. transporting or delivering the articles, the transport or delivery of which is prohibited, which have material hidden dangers, or for which users refuse the safety inspection; or
3. failing to carry out the registration for customers' identities or the information on the articles involved in the transportation or delivery.

Article 86 Where any telecommunications, internet and financial service operators or service providers fail to check customers' identities as required, or provide services for customers whose identity is unknown or who have rejected the identity check, the competent departments shall order them to make corrections; if they refuse to do so, they shall be fined not less than CNY200,000 but not more than CNY500,000, and their personnel directly in charge and other persons directly liable shall be fined not more than CNY100,000; if the circumstances are serious, a fine of not less than CNY500,000 shall be imposed on the said operators or providers, and a fine of not less than CNY100,000 but not more than CNY500,000 shall be imposed on their personnel directly in charge and other persons directly liable.
If accommodation, long-distance passenger transport, motor vehicle leasing and other business operators or service providers fall into the circumstances set forth in the preceding paragraph, the competent departments shall impose a fine of not less than CNY100,000 but not more than CNY500,000 on them, and a fine of not more than CNY100,000 on their personnel directly in charge and other persons directly liable.

Article 87 In case of any of the following circumstances in violation of the Law, the competent departments shall give a warning and order corrections; if corrections are refused, a fine of not more than CNY100,000 shall be imposed, and the person directly in charge and other persons directly liable shall be fined not more than CNY10,000:
1. failing to make electronic tracking marks for guns and other weapons, ammunition, controlled appliance, dangerous chemicals, civil-use explosives and nuclear and radioactive materials according to the provisions, or to add security inspection tracers to civil-use explosives;
2. failing to monitor vehicles in operation that transport dangerous chemicals, civil-use explosives, and nuclear and radioactive materials through the positioning system in accordance with the provisions;
3. failing to conduct strict supervision and administration over infectious pathogens and other substances in accordance with the provisions, and the circumstances are serious; or
4. violating the control measures or measures for restricting trading decided by relevant competent departments of the State Council or provincial people's governments for controlled appliance, hazardous chemicals or civil-use explosives.

Article 88 Where any entities managing and operating key targets for prevention of terrorist attacks violate the Law, and fall into any of the following circumstances, the public security organs shall give a warning and order corrections; if corrections are refused, the said entities shall be fined not more than CNY100,000, and their personnel directly in charge and other persons directly liable shall be fined not more than CNY10,000:
1. failing to develop plans or measures for preventing, responding to or disposing of terrorist activities;
2. failing to establish systems for ensuring funds especially for anti-terrorism efforts, or failing to be equipped with equipment or facilities for preventing and disposing of terrorist activities;
3. failing to designate working agencies or responsible persons;
4. failing to conduct security and background reviews of personnel in key posts, or to adjust positions of unsuitable personnel;
5. failing to staff or equip public transport vehicles with security personnel or appropriate equipment and facilities in accordance with the provisions; or
6. failing to establish management systems for the public security video image information system such as on-duty monitoring, information storage and use, and operation and maintenance.
If any entities undertaking large-scale activities or any entities managing key targets fail to carry out safety check according to relevant provisions on persons, articles or transport vehicles entering the key targets such as the venues for large-scale activities, airports, railway stations, docks, urban rail stations, long-distance passenger stations or ports, the public security organs shall order them to make corrections; if corrections are refused, the entities shall be fined not more than CNY100,000, and their personnel directly in charge and other persons directly liable shall be fined not more than CNY10,000.

Article 89 Where any suspected terrorists violate the restrictive measures ordered by the public security organs, the public security organs shall give a warning and order them to undertake corrections; if corrections are refused, a detention of not less than five days but not more than 15 days will be imposed.

Article 90 Where news media and other entities fabricate or spread false information about terrorist incidents, report or spread implementation details of terrorist activities that may cause imitation, release cruel and inhuman scenes of terrorist incidents, or report or spread the identity information of on-site response and disposal personnel or hostages, or the implementation situation of the response and disposal without authorization, the public security organs shall impose a fine of not more than CNY200,000 on them, and a detention of not less than five days but not more than 15 days on their personnel directly in charge and other persons directly liable, and may impose a concurrent fine of not more than CNY50,000.
Any individuals who commit the foregoing acts shall be detained by the public security organs for not less than five days but not more than 15 days, and may be concurrently fined not more than CNY10,000.

Article 91 The competent departments may impose a fine of not more than CNY2,000 on any persons who refuse to cooperate with relevant departments in carrying out the work in relation to anti-terrorism safety precautions, intelligence information, investigation and response and disposal; if resulting in serious consequences , a detention of not less than five days but not more than 15 days shall be imposed, and a fine of not more than CNY10,000 may be imposed concurrently.
The competent departments may impose a fine of not more than CNY50,000 on any entities which commit the foregoing act; if resulting in serious consequences , a fine of not more than CNY100,000 shall be imposed; the persons directly in charge and other persons directly liable shall be punished pursuant to the provisions in the preceding paragraph.

Article 92 The public security organs shall impose a detention of not less than five days but not more than 15 days on any persons obstructing relevant departments in anti-terrorism efforts, and may concurrently impose a fine of not more than CNY50,000.
The public security organs shall impose a fine of not more than CNY200,000 on any entities which commit the foregoing act, and punish their personnel directly in charge and other persons directly liable in accordance with the provisions of the preceding paragraph.
A heavier punishment shall be imposed on any entities or persons that obstruct the peoples' police, people's liberation army or people's armed police in performing their duties according to the law.

Article 93 Where any entities violate the Law and the circumstances are serious, the competent departments shall order them to stop engaging in relevant business or providing related services, or order them to cease production and operation; if resulting in serious consequences , the relevant licenses shall be revoked or the registration shall be cancelled.

Article 94 Where, when undertaking anti-terrorism efforts, the functionaries of leading institutions for anti-terrorism efforts and related departments abuse their authority, neglect their duties, play favoritism and contravene regulations, or leak national secrets, commercial secrets or personal information in violation of relevant provisions, which have constituted a crime, criminal liability shall be imposed according to the law; if no crime is constituted, relevant punishments shall be imposed.
Where leading institutions for anti-terrorism efforts and related departments as well as their functionaries abuse their authority, neglect their duties, play favoritism and contravene regulations or commit other acts in violation of laws or discipline in the course of launching anti-terrorism efforts, any entities or individuals are entitled to report the same or make an accusation to the relevant departments. Relevant departments shall timely handle the case and give a reply to such reporters or accusers after they receive the report or accusation.

Article 95 If it is found upon investigation that the articles or funds sealed up, seized, frozen, detained or captured according to the Law are unrelated to terrorism, relevant measures shall be lifted in a timely manner and such articles or funds shall be returned.

Article 96 Relevant entities or individuals who object to the decisions made in accordance with the Law with regard to imposing administrative penalties or compulsory administrative measures may apply for administrative reconsideration, or bring an administrative lawsuit according to the law.

Chapter X Supplementary Provisions

Article 97 This Law shall come into force as of January 1, 2016. The Decision of the Standing Committee of the National People's Congress on Issues concerning Strengthening Anti-terrorism Efforts adopted at the 23rd session of the Standing Committee of the 11th National People's Congress on October 29, 2011 shall be repealed simultaneously.