Order of the President of 

the People's Republic of China

No. 67

The Law of the People's Republic of China on National Defense, adopted at the 24th Meeting of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on December 26, 2020, is hereby promulgated and shall come into force on January 1, 2021.

Xi Jinping

President of the People's Republic of China

December 26, 2020

Law of the People's Republic of China on National Defense

(Adopted at the Fifth Session of the Eighth National People's Congress on March 14, 1997; amended in accordance with the Decision on Amending Certain Laws adopted at the 10th Meeting of the Standing Committee of the Eleventh National People's Congress on August 27, 2009; and revised at the 24th Meeting of the Standing Committee of the Thirteenth National People's Congress on December 26, 2020)

Contents

Chapter I  General Provisions

Chapter II  National Defense Functions and Powers of State Bodies

Chapter III  Armed Forces

Chapter IV  Border Defense, Maritime Defense, Air Defense, and Defense of Other Critical Security Domains 

Chapter V  National Defense Research and Production and Military Procurement

Chapter VI National Defense Spending and Assets

Chapter VII  National Defense Education

Chapter VIII  National Defense Mobilization and State of War

Chapter IX  National Defense Obligations and Rights of Citizens and Organizations

Chapter X  Obligations, Rights, and Interests of Servicepersons

Chapter XI  Foreign Military Relations

Chapter XII  Supplementary Provisions

Chapter I 

General Provisions

Article 1

This Law is enacted in accordance with the Constitution for the purposes of building and consolidating national defense, guaranteeing the smooth progress of reform and opening up and socialist modernization, and realizing the rejuvenation of the Chinese nation.

Article 2

This Law shall apply to State military activities to guard against and resist aggression, thwart armed subversion and separation, defend the State's sovereignty, unity, territorial integrity, security, and development interests, as well as the State's military-related activities in politics, economics, diplomacy, science, technology, and education.

Article 3

National defense protects national survival and development.

The State shall reinforce its armed forces, border defense, maritime defense, air defense, and defense of other critical security domains, develop national defense research and production, enhance public national defense education, improve national defense mobilization, and achieve national defense modernization.

Article 4 

National defense activities shall adhere to the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Theory of Three Represents, the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, implement Xi Jinping's thinking on strengthening the military, pursue a holistic approach to national security, uphold the military strategy guideline for a new era, and build a fortified national defense and strong armed forces commensurate with China's international standing and its national security and development interests.

Article 5 

The State shall exercise unified leadership over national defense activities.

Article 6

The People's Republic of China shall pursue a defensive national defense policy, build and consolidate its national defense independently and self-reliantly, practice active defense, and place national defense responsibility upon every Chinese.

The State shall pursue a coordinated, balanced, and compatible development of the economy and national defense, conduct national defense activities in accordance with the law, speed up national defense and military modernization, and achieve the unity of a prosperous country and a strong military.

Article 7 

It is the sacred duty of every citizen of the People's Republic of China to defend the country and resist aggression.

Citizens of the People's Republic of China shall fulfill their national defense obligations in accordance with the law.

All State bodies, armed forces, political parties, people's organizations, enterprises, public institutions, social organizations, and other organizations shall support and participate in accordance with the law in national defense development, and fulfill their national defense duties and tasks.

Article 8

The State and society shall respect and provide preferential treatment to servicepersons, guarantee their social status and protect their lawful rights and interests, carry out various activities to support the military and provide preferential treatment to the families of servicepersons and martyrs, and make military service a socially respected profession. 

The Chinese People's Liberation Army and the Chinese People's Armed Police Force shall carry out pro-government and pro-people activities, and strengthen their unity with the government and the people.

Article 9

The People's Republic of China shall actively promote international military exchanges and cooperation, maintain world peace, and oppose acts of aggression and expansion.

Article 10

Organizations and individuals shall be commended and rewarded for their contributions to national defense in accordance with the relevant laws and regulations.

Article 11 

Any organization or individual who, in violation of this Law or other relevant laws, refuses to fulfill their national defense obligations or jeopardizes national defense interests shall be held legally responsible.

Any public official who abuses his power, neglects his duty, or engages in malpractices for personal gain in national defense activities shall be held legally responsible.

Chapter II

National Defense Functions and Powers of State Bodies

Article 12 

The National People's Congress shall, pursuant to the Constitution, decide on issues of war and peace and exercise other constitutional national defense functions and powers.

The Standing Committee of the National People's Congress shall, pursuant to the Constitution, decide on the declaration of a state of war, decide on general national mobilization or partial mobilization, and exercise other constitutional national defense functions and powers.

Article 13 

The President of the People's Republic of China shall, in pursuance of the decisions of the National People's Congress and its Standing Committee, declare a state of war, issue mobilization orders, and exercise other constitutional national defense functions and powers.

Article 14

The State Council shall lead and administer national defense development and exercise the following functions and powers:

(1) Making programs and plans for national defense development;

(2) Developing policies and administrative regulations on national defense development;

(3) Leading and administering national defense research and production;

(4) Administering national defense spending and assets;

(5) Leading and administering economic mobilization and the development, organization, and implementation of civil air defense, national defense transportation, and other matters;

(6) Leading and administering the work of supporting the military, providing preferential treatment to the families of servicepersons and martyrs, and ensuring veterans benefits and services; 

(7) Leading, jointly with the Central Military Commission, the development of militias, conscription work, and the administration of border defense, maritime defense, air defense, and defense of other critical security domains; and

(8) Performing other national defense development functions and powers as provided in accordance with the law.

Article 15

The Central Military Commission shall lead the national armed forces and exercise the following functions and powers:

(1) Exercising unified command of all the national armed forces;

(2) Deciding on military strategies and operational guidelines for the armed forces;

(3) Leading and administering the development of the Chinese People's Liberation Army and the Chinese People's Armed Police Force, and formulating and organizing the implementation of programs and plans;

(4) Proposing motions to the National People's Congress or its Standing Committee; (5) Enacting military regulations and issuing decisions and orders in accordance with the Constitution and other laws;

(6) Deciding on the structure and size of the Chinese People's Liberation Army and the Chinese People's Armed Police Force, and prescribing the tasks and duties of the Central Military Commission functional bodies, theater commands, services and arms of the armed forces, the Chinese People's Armed Police Force, and other military entities;

(7) Appointing, removing, training, appraising, commending, and disciplining members of the armed forces in accordance with relevant laws and military regulations;

(8) Determining weaponry and equipment systems for the armed forces, formulating programs and plans for weaponry and equipment development, and collaborating with the State Council to lead and administer national defense research and production;

(9) Administering national defense spending and assets jointly with the State Council;

(10) Leading and administering the mobilization of the people's armed forces and the work of reserve forces;

(11) Organizing international military exchanges and cooperation; and

(12) Performing other functions and powers prescribed in accordance with the law.

Article 16 

The Central Military Commission adopts the CMC Chairman responsibility system. 

Article 17 

The State Council and the Central Military Commission shall establish a mechanism for coordinating the resolution of major national defense issues.

Relevant departments of central government bodies and the Central Military Commission bodies may hold meetings as appropriate to coordinate the resolution of related national defense issues.

Article 18

Local people's congresses at all levels and the standing committees of local people's congresses at or above the county level shall, within their respective administrative regions, ensure compliance with and enforcement of national defense laws and regulations.

Local people's governments at all levels shall, within the authority provided in accordance with the law, administer the conscription, militia, economic mobilization, civil air defense, national defense transportation, national defense facilities protection, support for veterans, support for the military, and preferential treatment to the families of servicepersons and martyrs within their respective administrative regions.

Article 19 

Local people's governments at all levels and local military bodies stationed may, when necessary, convene joint military-civilian meetings to coordinate the resolution of national defense issues within their respective administrative regions.

Joint military-civilian meetings shall be jointly convened by leaders of local people's governments and local military bodies. Participants of these meetings shall be determined by their conveners.

Decisions adopted at joint military-civilian meetings shall be executed by local people's governments and local military bodies based on their respective functions and duties and tasks. Decisions on major issues shall be reported to their respective authorities at higher levels.