Beijing,October 10(chinacourt.org) The Civil Air Defense Law of the People’s Republic of China, adopted at the 22nd Meeting of the Standing Committee of the Eighth National People’s Congress of the People’s Republic of China on October 29, 1996, is hereby promulgated and shall enter into force as of January 1, 1997. Jiang Zemin President of the People’s Republic of China October 29, 1996
CIVIL AIR DEFENSE LAW OF THE PEOPLE’S REPUBLIC OF CHINA
CHAPTER I GENERAL PROVISIONS CHAPTER II PRIORITY OF PROTECTION CHAPTER III CIVIL AIR DEFENSE WORKS CHAPTER IV COMMUNICATIONS AND WARNING Article 1 This Law is enacted for the purpose of organizing effective civil air defense, preserving safety of people’s lives and property and Article 2 Civil air defense is a component part of national defense. In light of the need of national defense, the State mobilizes and organizes For civil air defense, the guidelines of making long-term preparation, giving priority to the building of key works and suiting both Article 3 People’s governments at or above the county level shall incorporate civil air defense construction into their plans for national Article 4 The expenses for civil air defense shall be jointly borne by the State and the society. The proportion borne by the Central Government shall be incorporated in the central budget, while the proportions borne by the local Relevant units shall bear their proportions of the expenses for civil air defense in accordance with relevant State regulations. Article 5 In accordance with relevant regulations, the State adopts preferential policies with regard to construction of civil air defense The State encourages and supports enterprises, institutions, public organizations and individuals to invest in various ways in construction Article 6 The State Council and the Central Military Commission shall exercise leadership in the work of civil air defense throughout the country. As authorized by the State Council and the Central Military Commission, the major military commands shall exercise leadership in the Local people’s governments at or above the county level and the military organs at the corresponding level shall exercise leadership Article 7 The competent national department for civil air defense shall administer the work of civil air defense throughout the country. The competent departments for civil air defense of the major military commands shall administer the work of civil air defense in their The competent departments for civil air defense of the local people’s governments at or above the county level shall administer the The competent departments for civil air defense of the State organs at the central level shall administer the work of civil air defense Provisions for the establishment and the functions and duties of the competent departments for civil air defense shall be formulated The relevant departments for planning and construction of the people’s governments at or above the county level shall be responsible Article 8 All organizations and individuals shall have the right of being protected by civil air defense and must perform their duties in civil Article 9 The State protects civil air defense facilities from damage. All organizations and individuals are prohibited to destroy or seize Article 10 People’s governments and military organs at or above the county level shall give awards to organizations and individuals that have CHAPTER II PRIORITY OF PROTECTION Article 11 Cities enjoy priority in civil air defense. The State applies a system whereby different Provisions for differentiating the cities for different grades of protection shall be formulated and the standards for such protection Article 12 People’s governments of cities shall devise air defense programmes and draw up plans for their enforcement and may organize exercise Article 13 People’s governments of cities shall work out plans for construction of civil air defense works and incorporate them into their overall Article 14 In constructing trunk lines of underground traffic and other underground projects in a city, consideration shall be given to the Article 15 All projects for storing grains, medicines, oils and other necessary goods and materials for wartime use shall be built underground Article 16 Relevant departments must take effective measures of protection towards important economic targets and work out plans dealing with “Important economic targets” mentioned in the preceding paragraph include important industrial and mining enterprises, scientific Article 17 The competent departments for civil air defense shall, in accordance with relevant regulations, conduct supervision over and inspection
CHAPTER III CIVIL AIR DEFENSE WORKS Article 18 Civil air defense works include underground protective structures that are constructed particularly for sheltering people and goods Article 19 The State provides guidance to construction of different categories of civil air defense works in accordance with the different requirements The State formulates plans for construction of civil air defense works in accordance with the need of national defense and in light Article 20 Under the prerequisite of ensuring their functions in time of war, civil air defense works shall be constructed in such a way as Article 21 The competent departments for civil air defense shall be responsible for organizing construction of such works as civil air defense The relevant units shall be responsible for constructing works for sheltering their own employees, goods and materials. Article 22 Basements that can be used for air defense in time of war shall, in accordance with the relevant regulations of the State, be constructed Article 23 The design, construction and quality of civil air defense works must conform to the protection and quality standards established The final design and manufacture of special equipment for civil air defense works must conform to the standards established by the Article 24 The relevant departments of the people’s governments at or above the county level shall, in accordance with law, guarantee the land Article 25 The competent departments for civil air defense shall oversee and inspect the maintenance and management of civil air defense works. The competent departments for civil air defense shall be responsible for the maintenance and management of civil air defense works The relevant units shall in accordance with State regulations, maintain and manage civil air defense works already built or put to Article 26 The State encourages peacetime use of civil air defense works for economic development and the daily lives of the people. However, Article 27 No organizations or individuals may conduct any operation that may impair the use of civil air defense works or weaken their protective Article 28 No organizations or individuals may without approval dismantle any civil air defense works as specified in Article 21 of this Law.
CHAPTER IV COMMUNICATIONS AND WARNING Article 29 The State ensures unimpeded civil air defense communications and warning in order that air defense warning signals are promptly and Article 30 The competent national department for civil air defense shall be responsible for working out national plans of construction projects The competent departments for civil air defense of the local people’s governments at or above the county level shall be responsible Article 31 Post and telecommunications departments, military communications departments and competent departments for civil air defense shall Article 32 Post and telecommunications departments, military communications departments and radio administration authorities shall guarantee No organizations or individuals may use the same frequency or the same acoustic signals as those specially used by the State for civil Article 33 In time of war, the communications, broadcasting and television systems must give first priority to the transmission and sending Article 34 The relevant military departments shall communicate air intelligence to the competent departments for civil air defense and assist Article 35 All facilities for civil air defense communications and warning must be kept in good repair. Civil air defense warning facilities shall be maintained and controlled by the units in which they are installed and may not be dismantled When necessary, the local people’s governments at or above the county level may organize trial air defense warning and shall make Article 36 In time of peace, all facilities for civil air defense communications and warning shall be used in cases of emergency and disaster.
Article 37 Civil air defense evacuation shall be directed in a unified manner by the people’s governments at or above the county level. Civil air defense evacuation must be carried out in accordance with the order issued by the State. No organization may go into action Article 38 People’s governments at or above the county level shall organize relevant departments to formulate plans for urban civil air defense Evacuation zones shall be predetermined by the people’s government of the administrative area where such zones are located, if the Article 39 People’s governments at or above the county level shall organize relevant departments and units to make ample preparations for arrangement Article 40 Where it is necessary to evacuate rural population, the local people’s government shall have them evacuated to nearby places, which
CHAPTER VI MASS ORGANIZATIONS FOR AIR DEFENSE Article 41 Local people’s governments at or above the county level shall, in light of the need of civil air defense, have relevant departments The tasks to be performed by mass organizations for air defense in time of war include dealing with emergencies, doing rush repairs, Article 42 The following departments shall be responsible for organizing mass organizations for air defense: (1) The departments for urban construction, public utilities and power supply shall organize teams to deal with emergencies and do (2) Public health and medical departments shall organize medical aid teams; (3) Public security departments shall organize fire-fighting teams and public security teams; (4) The departments for public health, chemical industry and environmental protection shall organize anti-chemical and anti-epidemic (5) The post and telecommunications departments shall organize communications teams; and (6) The transportation departments shall organize transportation teams. The Red Cross organizations shall provide first aid according to law. Article 43 The equipment, apparatus and funds needed by mass organizations for air defense shall be provided by competent departments for civil Article 44 Mass organizations for air defense shall carry out specialized training in accordance with the training program and plans formulated
CHAPTER VII EDUCATION IN CIVIL AIR DEFENSE Article 45 The State develops civil air defense education to help citizens enhance their awareness of the importance of national defense and Article 46 The competent national department for civil air defense shall be responsible for organizing and formulating civil air defense education The competent education departments and the competent departments for civil air defense at various levels shall arrange civil air Civil air defense education for the personnel of State organs, public organizations, enterprises and institutions shall be arranged Article 47 The relevant departments for the press, publishing, broadcasting, film, television and culture shall assist in developing civil air
Article 48 A party that, in violation of the relevant regulations of the State, fails to construct, in its newly-constructed building for civil Article 49 A party that commits any of the following acts shall be given a disciplinary warning by the competent department for civil air defense (1) occupying civil air defense works; (2) failing to construct civil air defense works in conformity with the protection standards and quality standards established by (3) altering, in violation of the relevant regulations of the State, the major structure of civil air defense works, dismantling equipment (4) refusing to reconstruct the civil air defense works that were dismantled; (5) using the special frequency for civil air defense communications or the same acoustic signals as those used for air defense warning (6) obstructing the installation of facilities of civil air defense communications and warning and refusing to stop doing so; or (7) discharging waste waste or gas or dumping waste material into civil air defense works. Article 50 Any one who, in violation of the provisions of this Law, intentionally damages civil air defense facilities or produces or stores Article 51 Any member of the competent departments for civil air defense who neglects his duty, abuses his power, conducts malpractices for
CHAPTER IX SUPPLEMENTARY PROVISIONS Article 52 The standing committees of the people’s congresses of provinces, autonomous regions and municipalities directly under the Central Article 53 This Law shall enter into force as of Janauary 1, 1997.
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MOFTEC P.R.C. |
EDITOR:Victor |