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

Updated: 2020-12-26

Chapter VIII

National Defense Mobilization and State of War

Article 47 

When the sovereignty, unity, territorial integrity, security, and development interests of the People's Republic of China come under threat, the State shall conduct national general mobilization or local mobilization in accordance with the Constitution and other laws.

Article 48 

The State shall incorporate national defense mobilization readiness into its overall development programs and plans, improve the national defense mobilization system, and increase its potential and capacity for national defense mobilization.

Article 49

The State shall establish a strategic materials reserve system. Strategic materials reserves shall be appropriate in scale, stored safely, convenient to use, and regularly updated so as to ensure wartime needs.

Article 50

Relevant departments of the State leading bodies for national defense mobilization, central government bodies, and the Central Military Commission bodies shall, based on the division of responsibilities, organize national defense mobilization readiness and implementation.

All State bodies, armed forces, political parties, people's groups, enterprises, public institutions, social organizations, and other organizations as well as all citizens must complete their national defense mobilization readiness in accordance with the law; and must accomplish their national defense mobilization tasks after the State issues a mobilization order.

Article 51

The State may expropriate or requisition the equipment, facilities, means of transportation, premises, and other properties of organizations and individuals in accordance with the law for the purpose of national defense mobilization.

People's governments at or above the county level shall, in accordance with relevant State regulations, give fair and reasonable compensations to the organizations or individuals for their direct economic losses caused by expropriation or requisition.

Article 52 

The State shall declare a state of war in accordance with the Constitution, take measures to pool human, material, and financial resources, and lead all citizens in defending the country and resisting aggression.

Chapter IX 

National Defense Obligations and Rights of Citizens and Organizations

Article 53 

It is an honorable duty of citizens of the People's Republic of China to serve in the military or the militia in accordance with the law.

Military service bodies at all levels and grassroots people's armed forces bodies shall handle military service work in accordance with the law, attain their task of conscription in accordance with the orders of the State Council and the Central Military Commission, and ensure the qualifications of the enlisted. Relevant State bodies, people's groups, enterprises, public institutions, social organizations, and other organizations shall complete their militia and reserve work in accordance with the law, and assist in completing the task of conscription.

Article 54 

Enterprises, public institutions, and individuals undertaking national defense research and production or taking military procurement orders shall provide weapons, equipment, materiel, works, and services that meet quality standards.

Enterprises, public institutions, and individuals shall satisfy national defense requirements for national defense-related construction projects in accordance with State regulations, and meet the needs of national defense development and military operations in accordance with the law. The entities administering and operating railway stations, bus terminals, ports, airports, roads, and other transport facilities shall provide priority services to the passage of servicepersons and military vehicles and vessels, and provide preferential treatment to them in accordance with relevant regulations.

Article 55

Citizens shall receive national defense education.

Citizens and organizations shall protect national defense facilities and shall not damage or endanger them.

Citizens and organizations shall comply with confidentiality regulations and shall not divulge State secrets of national defense or illegally possess classified documents, materials or other items of national defense.

Article 56 

Citizens and organizations support national defense development and provide convenience or other assistance for the armed forces to carry out military training, readiness duties, defensive operations, and non-war military operations.

The State encourages and supports investments in national defense by qualified citizens and enterprises, protects investors' lawful rights and interests, and give them preferential policies in accordance with the law.

Article 57 

Citizens and organizations shall have the right to advise on national defense development, and stop or inform against acts endangering national defense interests.

Article 58 

The militia, reservists, and other citizens shall perform their duties and obligations when taking part in military training and carrying out readiness duties, defensive operations, non-war military operations, and other tasks in accordance with the law. The State and society shall ensure that they are entitled to corresponding treatment, and provide them with benefits in accordance with relevant regulations.

Citizens and organizations may be compensated for their direct economic losses due to national defense development or military operations in accordance with relevant State regulations.

Chapter X

Obligations, Rights, and Interests of Servicepersons

Article 59

Servicepersons must be loyal to the country, be devoted to the Communist Party of China, perform their duties, fight bravely, fear no sacrifice, and defend the security, honor, and interests of the country.

Article 60 

Servicepersons must abide by the Constitution and other laws in an exemplary way, observe military regulations, execute orders, and strictly abide by the rules of discipline.

Article 61

Servicepersons shall carry forward the fine traditions of the people's armed forces, cherish and protect the people, actively participate in socialist modernization, and complete rescue, disaster relief, and other tasks.

Article 62 

Servicepersons shall be held in high esteem by the whole of society.

The State shall establish a system for honoring servicepersons for their meritorious services.

The State shall take effective measures to protect the honor and dignity of servicepersons and offer special protection for their marriage in accordance with laws.

Servicepersons' performance of their duties in accordance with the law is protected by law.

Article 63 

The State and society shall provide preferential treatment to servicepersons.

The State shall establish a wellbeing support system for servicepersons, which is commensurate with the military profession and coordinated with economic development.

Article 64 

The State shall establish a wellbeing support system for veterans, properly place them, and protect their lawful rights and interests.

Article 65 

The State and society shall provide benefits and preferential treatment to disabled servicepersons and provide special safeguards for their daily necessities and medical care in accordance with the law.

When a serviceperson who has been disabled or contracted a disease due to war or work is discharged from active service, a people's government at or above the county level shall accept and place such a serviceperson in a timely manner, and ensure that the living standards of such a serviceperson are not lower than the local average.

Article 66 

The State and society shall provide preferential treatment to the families of servicepersons, and provide benefits and preferential treatment to the families of martyrs and servicepersons who died in the line of duty or of illnesses.

Chapter XI 

Foreign Military Relations

Article 67

The People's Republic of China shall adhere to the five principles of mutual respect for sovereignty and territorial integrity, mutual nonaggression, noninterference in each other's internal affairs, equality and mutual benefit, and peaceful coexistence, uphold the international system with the United Nations at its core and the international order based on international law, advocate common, comprehensive, cooperative, and sustainable security, work to build a human community with a shared future, and independently conduct foreign military relations, and carry out military exchanges and cooperation with other countries.

Article 68 

The People's Republic of China shall comply with the fundamental norms governing international relations based on the purposes and principles of the United Nations Charter, and employ its armed forces in accordance with relevant State laws to protect the security of overseas Chinese citizens, organizations, institutions, and facilities, participate in United Nations peacekeeping, international rescue, maritime escort, joint exercises and training, counter-terrorism, and other activities, work to fulfill its international security obligations, and safeguard its overseas interests.

Article 69 

The People's Republic of China supports military-related activities carried out by the international community for the benefit of safeguarding world and regional peace, security, and stability, supports the international community's efforts to resolve international disputes in a just and reasonable manner and its efforts for international arms control, disarmament, and nonproliferation, take part in multilateral security dialogue and negotiations, and promote the formulation of universally accepted, fair, and equitable international rules.

Article 70 

In its military relations with foreign countries, the People's Republic of China shall observe the relevant treaties and agreements it concluded with other countries or international organizations or acceded to.

Chapter XII 

Supplementary Provisions

Article 71

For the purposes of this Law, the term "servicepersons" means officers, non-commissioned officers, enlisted soldiers, and other personnel in active service in the Chinese People's Liberation Army.

The provisions of this Law regarding servicepersons shall apply to the members of the Chinese People's Armed Police Force.

Article 72 

The defense of the special administrative regions of the People's Republic of China shall be prescribed by the basic laws of the special administrative regions and other relevant laws.

Article 73 

This Law shall come into force on January 1, 2021.


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