Chapter III

Armed Forces

Article 20

The armed forces of the People's Republic of China belong to the people. Their tasks are to fortify national defense, resist aggression, defend the country, safeguard the people's peaceful labor, participate in national development, and serve the people wholeheartedly.

Article 21

The armed forces of the People's Republic of China shall be led by the Communist Party of China. The organizations of the Communist Party of China within the armed forces shall operate in accordance with the Constitution of the Communist Party of China.

Article 22 

The armed forces of the People's Republic of China consist of the Chinese People's Liberation Army, the Chinese People's Armed Police Force, and the militia.

The Chinese People's Liberation Army consists of active-duty forces and reserve forces, and its missions in the new era are to provide strategic support for strengthening the leadership of the Communist Party of China and the socialist system, for safeguarding China's sovereignty, unity, and territorial integrity, for protecting its overseas interests, and for promoting world peace and development. As the standing forces of the State, active-duty forces shall be mainly tasked with defense operations and perform non-war military operations in accordance with regulations. Reserve forces shall conduct military training and perform defense combat tasks and non-war military operations in accordance with regulations; and be transferred to active-duty forces by order of the Central Military Commission in accordance with the mobilization order issued by the State.

The Chinese People's Armed Police Force shall execute guard duties, respond to social security emergencies, prevent and respond to terrorist activities, enforce maritime rights, conduct disaster relief, emergency rescue, and defensive operations, and carry out other tasks assigned by the Central Military Commission.

The militia shall perform combat readiness service and carry out non-war military operations and defensive operations under the command of the military authorities.

Article 23

The armed forces of the People's Republic of China must observe the Constitution and other laws.

Article 24

The armed forces of the People's Republic of China shall follow the military development path with Chinese characteristics; persist in enhancing their political loyalty, strengthening themselves through reform, science, technology, and talent, and pursuing law-based governance; strengthen military training; conduct political work; improve the level of support, advance the modernization of military theories, military organizational structures, military personnel, weaponry and equipment; build a modern combat system with Chinese characteristics, enhance combat effectiveness in all respects, and strive to achieve the goal of forging a strong military in the new era as envisioned by the Communist Party of China.

Article 25 

The size of the armed forces of the People's Republic of China shall be commensurate with the need to defend national sovereignty, security, and development interests.

Article 26

The military service of the People's Republic of China consists of active service and reserve service. The service system of active military and reserve personnel shall be prescribed in accordance with the law.

The Chinese People's Liberation Army and the Chinese People's Armed Police Force shall implement the rank & grade system in accordance with the law.

Article 27

The Chinese People's Liberation Army and the Chinese People's Armed Police Force shall implement the civilian personnel system for prescribed positions.

Article 28 

The flag and emblem of the Chinese People's Liberation Army are its symbol and sign. The flag and emblem of the Chinese People's Armed Police Force are its symbol and sign.

Citizens and organizations shall respect the flag and the emblem of the Chinese People's Liberation Army and the flag and the emblem of the Chinese People's Armed Police Force.

The design, pattern, use, and management of the flags and emblems of the Chinese People's Liberation Army and the Chinese People's Armed Police Force shall be prescribed by the Central Military Commission.

Article 29

The State prohibits any organization or individual from illegally establishing any armed organization, prohibits illegal armed activities, and prohibits impersonation of servicepersons or organizations of the armed forces.

Chapter IV 

Border Defense, Maritime Defense, Air Defense, 

and Defense of Other Critical Security Domains 

Article 30

The territorial land, territorial waters and territorial airspace of the People's Republic of China are sacrosanct. The State shall build a strong and solid modern border defense, maritime defense, and air defense, and take effective defense and management measures to defend the security of the territorial land, territorial waters, and territorial airspace, and protect national maritime rights and interests.

The State shall take necessary measures to protect its activities, assets, and other interests in other critical security domains such as outer space, electromagnetic space, and cyberspace.

Article 31

The Central Military Commission shall exercise unified leadership over border defense, maritime defense, air defense, and defense of other critical security domains.

Central government bodies, local people's governments at all levels, and relevant military bodies shall, in accordance with their respective prescribed functions and powers, administer and execute border defense, maritime defense, air defense, and defense of other critical security domains, in a joint effort to safeguard national security and interests.

Article 32 

The State shall, in light of the needs of border defense, maritime defense, air defense, and defense of other critical security domains, strengthen defense forces and build national defense facilities for operations, command, communications, telemetry, tracking and command (TT&C), navigation, protection, transportation, and logistics. People's governments at all levels and military bodies shall support the construction of national defense facilities and ensure their security in accordance with the laws and regulations.

Chapter V 

National Defense Research and Production and Military Procurement

Article 33

The State shall establish and improve the scientific, technological, and industrial system for national defense, develop national defense research and production, and provide the armed forces with weaponry and equipment that are advanced in performance, reliable in quality, complete in sets of accessories, and easy to operate and maintain, as well as other applicable military materiel to meet national defense needs.

Article 34 

The science, technology, and industry for national defense shall follow the principles of civil-military integration, peacetime-wartime integration, priority to military products, and innovation-driven, independent, and controllable development.

The State shall formulate master plans to develop science, technology, and industry for national defense, and keep national defense research and production capabilities appropriately scaled and rationally distributed in accordance with the principles of State-led development, division of labor and cooperation, matching of specialties, openness, and integration.

Article 35

The State shall maximize the advantageous resources of the whole of society to promote the development of national defense science and technology, speed up independent technological research and development, spearhead weaponry and equipment development with high technology, strengthen technology reserves, improve the system of national defense intellectual property, promote the application of scientific and technological achievements in national defense, promote science and technology resource sharing and collaborative innovation, and improve national defense research capabilities and the technological level of weaponry and equipment.

Article 36 

The State shall create a favorable environment and conditions to strengthen the cultivation of national defense scientists and engineers, encourage and attract outstanding talents to the field of defense research and production, and stimulate their vitality of innovation.

National defense scientists and engineers shall be respected by the general public. The State shall progressively increase their pay, and protect their lawful rights and interests.

Article 37

The State shall institute a military procurement system in accordance with the law to ensure the procurement and supply of weaponry and equipment, materiel, works, and services required by the armed forces.

Article 38 

The State shall exercise unified leadership and planned control over national defense research and production, stress the role of the market, and promote fair competition in national defense research and production and military procurement.

The State shall provide necessary guarantees and preferential policies in accordance with the law to the organizations and individuals undertaking national defense research and production tasks and taking procurement orders. Local people's governments at all levels shall assist and support these organizations and individuals in accordance with the law.

Organizations and individuals undertaking national defense research and production tasks and taking military procurement orders must keep defense secrets, complete their tasks in a timely and efficient manner, ensure quality, and provide appropriate services.

The State shall adopt a quality accountability system in accordance with the law for the weaponry, equipment, materiel, works, and services supplied to the armed forces.

Chapter VI 

National Defense Spending and Assets

Article 39 

The State shall guarantee necessary national defense spending. The increase of national defense spending shall be commensurate with the needs of national defense and the level of economic development.

National defense spending shall be subject to budget management in accordance with the law.

Article 40 

National defense assets include the funds directly allocated and resources such as land allocated by the State for strengthening the armed forces, for defense research and production, and for other national defense projects, as well as the weapons, equipment, facilities, supplies, materiel, and technologies that are derived therefrom and used for national defense.

National defense assets are owned by the State.

Article 41 

The State shall determine the size, structure, and distribution of national defense assets and adjust and dispose of them in accordance with the needs of national defense and economic development. The administrative institutions in charge of and the entities possessing and using national defense assets shall manage them in accordance with the law to maximize their efficiency.

Article 42

The State shall protect national defense assets from infringement and ensure their security, integrity, and effectiveness.

All organizations and individuals are forbidden to destroy, damage, or appropriate national defense assets. Without the approval of the State Council or the Central Military Commission, or of the institutions authorized by the State Council or the Central Military Commission, entities possessing or using national defense assets shall not utilize them for purposes other than national defense. Technologies among national defense assets may be used for purposes other than national defense in accordance with relevant State regulations, provided that priority is given to national defense and security is ensured.

For national defense assets which are no longer used for national defense purposes, the administrative institutions in charge of and the entities possessing and using them shall follow due processes for approval in accordance with relevant regulations before using them for other purposes or disposing of them in accordance with the law.

Chapter VII 

National Defense Education

Article 43

The State shall, through national defense education, help all citizens to enhance their national defense awareness, raise their awareness of potential dangers, master national defense knowledge, improve national defense skills, promote patriotism, and perform their national defense obligations in accordance with the law.

It is the common responsibility of the whole society to popularize and foster national defense education.

Article 44 

National defense education shall follow the principles of participation of all, long-term perseverance, and emphasis on practical effects, and stress both regular education and intensive education, both universal education and group-specific education, and both theoretical education and practical education.

Article 45 

National defense education authorities shall strengthen the organization and management of national defense education, and other relevant authorities shall execute national defense education work in accordance with their prescribed duties.

Military bodies shall aid relevant authorities and organizations in national defense education, and provide relevant convenience in accordance with the law.

All State bodies, armed forces, political parties, people's groups, enterprises, public institutions, social organizations, and other organizations shall organize national defense education in their respective regions, departments, and entities.

National defense education at schools is the basis of national defense education for all. Schools at all levels and of all types shall set appropriate national defense education courses or include such education in relevant curricula. Regular institutions of higher learning and senior secondary schools shall organize military training for students in accordance with relevant regulations.

Public officials shall actively participate in national defense education, improve their national defense literacy, and play an exemplary and leading role in national defense education for all.

Article 46 

People's governments at all levels shall incorporate national defense education into their plans for economic and social development, and ensure the funds needed for national defense education.