PROTECTION OF MILITARY INSTALLATIONS

CHAPTER II DESIGNATION OF THE MILITARY RESTRICTED ZONES AND THE MILITARY ADMINISTRATIVE ZONES

CHAPTER IV PROTECTION OF THE MILITARY ADMINISTRATIVE ZONES

CHAPTER VI ADMINISTRATIVE DUTY

   Article 1 This Law is formulated in accordance with the Constitution of the People’s Republic of China for the purpose of protecting the safety
of military installations, ensuring the effective utilization of military installations and normal performance of military activities,
promoting modernization of national defence, strengthening national defence and resisting aggression.

   Article 2 The term “military installations” referred to in this Law denotes the following buildings, sites and equipment used by the State
directly for military purposes:

(1) Command organs, ground and underground command structures and operations structures;

(2) Military airfields, harbours and docks;

(3) Barracks, training grounds and testing grounds;

(4) Military cave storehouses and warehouses;

(5) Military communication stations, reconnaissance stations, navigation stations, observation posts, survey markers, navigation markers
and navigation aid markers;

(6) Special military highways and railways, military communication lines and transmission lines, military oil and water pipelines;
and

(7) Other military installations as prescribed by the State Council and the Central Military Commission.

   Article 3 People’s governments and military organs at all levels shall, in the interests of national security, jointly protect military installations
and safeguard the interests of national defence.

The Headquarters of the General Staff of the People’s Liberation Army shall, under the leadership of the State Council and the Central
Military Commission, be in charge of the protection of military installations throughout the country. The headquarters of military
area commands shall be responsible for the work of protecting the army, navy and air force military installations in their respective
areas.

In places where there are military installations, the military organs concerned and the people’s governments at or above the county
level shall cooperate with each other in coordinating, supervising and inspecting the work of protecting military installations.

   Article 4 All organizations and citizens of the People’s Republic of China shall have the duty to protect military installations.

The damaging or endangering of military installations by any organization or individual shall be prohibited.

Any organization or individual shall have the right to report on, and make charges against, any act that damages or endangers military
installations.

   Article 5 The State shall implement a policy of giving protection to military installations according to their categories and with emphasis
on key projects.

   Article 6 Where military installations are to be converted to civilian use, or where military airfields, harbours and docks are to be jointly
used for military and civilian purposes, any such change shall be subject to the approval of the State Council and the Central Military
Commission.

   Article 7 The State shall designate military restricted zones and military administrative zones respectively in accordance with the nature,
the function, the security requirements and the requirements for effective utilization of military installations. Measures shall
also be taken for the protection of the military installations not included in the military restricted zones and the military administrative
zones.

   Article 8 The military restricted zones and the military administrative zones shall be determined by the State Council and the Central Military
Commission, or by military area commands in accordance with the stipulations of the State Council and the Central Military Commission.

   Article 9 The limits of the land and water military restricted zones and military administrative zones shall be jointly designated by military
area commands and people’s governments of provinces, autonomous regions and municipalities directly under the Central Government,
or by military area commands and people’s governments of provinces, autonomous regions, municipalities directly under the Central
Government and the relevant departments of the State Council. The limits of the military restricted airspace and the land and water
military restricted zones of utmost importance shall be designated by the State Council and the Central Military Commission.

The military restricted zones and the military administrative zones jointly designated by the armed forces and local people’s governments
prior to the implementation of this Law need not be redesignated if they are in conformity with the relevant stipulations of the
State Council and the Central Military Commission.

   Article 10 Any cancellation or change of the military restricted zones and the military administrative zones shall be handled according to the
procedures prescribed in Article 8 of this Law.

Any adjustment of the limits of the military restricted zones and the military administrative zones shall be handled according to
the procedures prescribed in paragraph 1, Article 9 of this Law.

   Article 11 The designation and adjustment of the limits of the military restricted zones and the military administrative zones shall, on the
premise of ensuring the security and effective utilization of military installations, take account of economic construction, protection
of natural environment and the production and livelihood of the local population.

   Article 12 Where it is necessary to requisition land, woodland, grassland, water surface and beaches for the designation or expansion of the
limits of the military restricted zones and the military administrative zones, it shall be handled in accordance with the provisions
of relevant laws and regulations.

   Article 13 When drawing up programmes for economic and social development, the local people’s governments at or above the county level shall
take into account the requirements for the protection of military installations and solicit opinions from the military organs concerned.
When planning construction projects or developing new tourist attractions, the same shall see that they are not located in the vicinity
of military installations. If it is not possible to do so and it is necessary to dismantle military installations or to convert them
to civilian use, the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government
shall consult with military authorities at the military area command level and submit a report to the State Council and the Central
Military Commission for approval.

   Article 14 The units in charge of the military restricted zones shall, on the basis of specific conditions and in accordance with the designated
limits of the zones, put up enclosing walls and barbed wire fences for the land military restricted zones and set up barriers or
boundary markers for the military restricted waters.

   Article 15 Entry into the land and water military restricted zones by personnel, vehicles and vessels other than those belonging to the units
in charge of the zones shall be prohibited. No photographing, video- taping, recording, reconnoitering, surveying, drawing or describing
of the restricted zones shall be allowed, except with the approval of the military organs at or above the military area command level.

Entry into the military restricted airspace by airborne devices shall be prohibitied, except as otherwise authorized by relevant state
provisions.

Use of materials from photographing, video-taping, recording, reconnoitering, surveying, drawing and describing of the military restricted
zones shall be subject to examination and approval by the military authorities at or above the military area command level.

   Article 16 In accordance with the requirements for protecting military installations in a restricted zone, a security control area, when necessary,
may be jointly designated in a specific area surrounding the restricted zone at the time of the joint designation of the zone itself
by military area commands and people’s governments of provinces, autonomous regions and municipalities directly under the Central
Government, or by military area commands and people’s governments of provinces, autonomous regions, municipalities directly under
the Central Government and the relevant departments of the State Council, and security warning markers may be set up at the perimeter
of the security control area. The sites for setting up security warning markers shall be determined by the unit in charge of the
military restricted zone and the local people’s government at or above the county level.

   Article 17 In the security control areas surrounding the military restricted zones, the local people may carry on their normal life and productive
activities, but may not engage in demolishing, shooting and other activities that endanger the safety and effective utilization of
military installations.

   Article 18 The units in charge of the military administrative zones shall, in accordance with the designated limits of the zones, put up enclosing
walls, barbed wire fences or boundary markers for the military administrative zones.

   Article 19 No personnel, vehicles and vessels other than those belonging to the unit in charge of the military administrative zone may enter
the military administrative zone without permission of the unit in charge.

   Article 20 Measures for the administration of the airfields, harbours and docks that are designated as military administrative zones and jointly
used for military and civilian purposes shall be formulated by the State Council and the Central Military Commission.

   Article 21 The units in charge of military installations shall adopt measures for the protection of the military installations not included
in the military restricted zones and the military administrative zones. The administrative units of the armed forces at or above
the regimental level may entrust local people’s governments with the protection of the military installations.

   Article 22 Stone-quarrying, earth-gathering and demolishing carried out within a certain distance of the military installations not included
in the military restricted zones and the military administrative zones may not endanger the safety and effective utilization of the
military installations.

   Article 23 The units in charge of military installations and the local people’s governments at or above the county level shall formulate specific
measures for the protection of the military installations in the military restricted zones and the military administrative zones
as well as the installations not included in the military restricted zones and the military administrative zones. Such specific measures
may be publicly announced for enforcement.

   Article 24 Military organs at all levels shall strictly perform their functions and duties to protect military installations, educate the armymen
to take good care of military installations, guard secrets about military installations, formulate rules and regulations for the
protection of military installations, supervise and inspect the protection work of military installations and settle any problems
arising therefrom.

   Article 25 The authorities in charge of military installations shall strictly implement the relevant rules and regulations for the protection
of military installations, set up files on military installations and carry out inspections and ensure the maintenance of military
installations.

   Article 26 The units in charge of the military restricted zones and the military administrative zones shall, in accordance with the provisions
of relevant laws and regulations, protect the natural resources and cultural relics in the military restricted zones and the military
administrative zones.

   Article 27 The units in charge of military installations shall, when necessary, provide the local people’s governments at or above the county
level with the data on the location of the military underground and underwater cables and pipelines. The local people’s governments
shall protect the military underground and underwater cables and pipelines when undertaking construction.

   Article 28 People’s governments at all levels shall strengthen education in national defence among the citizens, heighten their sense of national
defence and educate them to protect military installations, guard secrets about military installations and stop any acts that damage
or endanger military installations.

   Article 29 Where it is necessary for the public security organs to assist in the maintenance of security and administrative order in the military
restricted zones and the military administrative zones, public security organizations may be set up by the decision of the State
Council and the Central Military Commission or with approval by the public security departments of provinces, autonomous regions
and municipalities directly under the Central Government following application submitted by the relevant military organs.

   Article 30 The personnel on duty of the unit in charge of military installations shall stop any person who commits any of the following acts
in violation of the provisions of this Law:

(1) Illegally entering the military restricted zone;

(2) Illegally photographing, video-taping, recording, reconnoitering, surveying, drawing or describing within the military restricted
zone or the security control area surrounding the restricted zone;

(3) Engaging in activities that damage or endanger military installations.

For persons who commit any act listed in the preceding paragraph and refuse to be stopped, the personnel on duty of the unit in charge
of military installations may, in accordance with relevant regulations of the State, use necessary compulsory means to stop them,
or, in emergency cases where the security of military installations or the lives of the personnel on duty are endangered, resort
to arms.

   Article 31 Any person who commits any of the following acts shall be investigated for criminal responsibility in accordance with the relevant
provisions of the Criminal Law:

(1) Damaging military installations;

(2) Stealing, seizing or robbing equipment, goods or materials of military installations;

(3) Divulging the secrets of military installations, or stealing, spying on, buying or illegally providing secrets on military installations
for agencies, organizations or individuals abroad.

   Article 32 Any person who commits any of the following acts shall be punished in the light of the stipulations of Article 19 of the Regulations
on Administrative Penalties for Public Security:

(1) Illegally entering the military restricted zone and refusing to be stopped;

(2) Engaging in activities that endanger the security and effective utilization of military installations in the security control
area surrounding the military restricted zone or within a certain distance of the military installations not included in the military
restricted zone or the military administrative zone, and refusing to be stopped;

(3) Destroying the enclosing walls, barbed wire fences or boundary markers of the military restricted zone or the military administrative
zone.

   Article 33 In case of disturbance of the administrative order in the military restricted zones and the military administrative zones, the principal
culprits and persons held directly responsible shall, when the case is serious, be investigated for criminal responsibility in the
light of the stipulations of Article 158 of the Criminal Law, or when the case is not so serious as to be considered as a penal offence,
be punished in the light of the stipulations of Article 19 of the Regulations on Administrative Penalties for Public Security.

   Article 34 Persons who engage in illegal photographing, video-taping, recording, reconnoitering, surveying, drawing or describing in the military
restricted zones and refuse to be stopped shall either be punished in the light of the stipulations of Article 19 of the Regulations
on Administrative Penalties for Public Security or have their equipment and instrument confiscated. When the case is serious, they
shall be investigated for criminal responsibility in the light of the stipulations of Article 158 of the Criminal Law.

   Article 35 Servicemen and permanent workers and staff of the armed forces who commit any of the following acts shall be investigated for criminal
responsibility in accordance with the relevant stipulations of the Interim Regulations on Punishment for Offences in Violation of
Duties by Military Personnel; if the case is not so serious as to be considered a penal offence, they shall be subjected to military
disciplinary sanctions:

(1) Damaging military installations;

(2) Stealing the equipment, goods and materials of military installations;

(3) Divulging the secrets of military installations;

(4) Leaving post without permission or committing dereliction that causes damage to military installations or other consequences.

   Article 36 Measures for implementation shall be formulated in accordance with this Law by the State Council and the Central Military Commission.

   Article 37 This law shall go into effect on August 1, 1990.