Article 2 This Law is applicable to the preparation, implementation and related activities of national defense mobilization.
Article 3 The state strengthens the construction of national defense mobilization, establishes and improves a national defense mobilization system that meets the needs of national defense security, is coordinated with economic and social development, and is connected with emergency mechanisms, so as to improve the national defense mobilization capability.
Article 4 National defense mobilization adheres to the combination of peacetime and wartime, the combination of military and civilian, and follows the principles of unified leadership, participation of the whole people, long-term preparation, key construction, overall planning, orderly and efficient.
Article 5 Citizens and organizations shall complete their usual preparations for national defense mobilization according to law; After the state decides to implement national defense mobilization, it shall complete the prescribed national defense mobilization tasks.
Article 6 The state guarantees the funds needed for national defense mobilization. National defense mobilization funds are included in the central and local fiscal budgets respectively according to the principle of division of powers.
Article 7 The State shall commend and reward citizens and organizations that have made outstanding contributions to national defense mobilization. Article 8 When the sovereignty, unity, territorial integrity and security of the country are threatened, the NPC Standing Committee decides on national general mobilization or partial mobilization in accordance with the provisions of the Constitution and relevant laws. The chairman issued a mobilization order according to the decision of the NPC Standing Committee.
Article 9 the State Council and the Central Military Commission (CMC) jointly lead the work of national defense mobilization, formulate the principles, policies and regulations of national defense mobilization, propose to the NPC Standing Committee the implementation of national general mobilization or partial mobilization, and organize the implementation of national defense mobilization according to the decision of the NPC Standing Committee and the mobilization order issued by the Chairman.
When the sovereignty, unity, territorial integrity and security of a country are directly threatened and countermeasures must be taken immediately, the State Council and the Central Military Commission (CMC) can take necessary national defense mobilization measures as stipulated in this Law according to the needs of emergency response, and report to the NPC Standing Committee at the same time.
Article 10 Local people's governments shall implement the principles, policies, laws and regulations of national defense mobilization; After the state decides to implement national defense mobilization, it shall organize and implement national defense mobilization in its own administrative region according to the national defense mobilization tasks assigned by its superiors.
The local people's governments at or above the county level shall manage the national defense mobilization work within their respective administrative areas within the limits of authority prescribed by law.
Article 11 The relevant departments of the people's governments at or above the county level and the relevant departments of the armed forces shall be responsible for the relevant national defense mobilization work within the scope of their respective duties.
Article 12 The National Defense Mobilization Committee, under the leadership of the State Council and the Central Military Commission (CMC), is responsible for organizing, guiding and coordinating the national defense mobilization work; Matters agreed upon in accordance with the prescribed authority and procedures shall be organized and implemented by the relevant departments of the State Council and the Central Military Commission (CMC) according to their respective responsibilities. Military regions and local national defense mobilization committees at or above the county level are responsible for organizing, guiding and coordinating the national defense mobilization work in their respective regions.
Article 13 The Office of the National Defense Mobilization Committee shall undertake the daily work of the National Defense Mobilization Committee at the corresponding level and perform relevant national defense mobilization duties according to law.
Article 14 After the threat to national sovereignty, unity, territorial integrity and security is eliminated, the measures to implement national defense mobilization shall be lifted in accordance with the authority and procedures for deciding to implement national defense mobilization.
Chapter III Implementation Plan and Potential Statistical Investigation of National Defense Mobilization Plan Article 15 The State practices a system of national defense mobilization plan, implementation plan and potential statistical investigation.
Article 16 The national defense mobilization plan and the national defense mobilization implementation plan shall be formulated according to the principles, principles, potential and military needs of national defense mobilization. Military requirements are put forward by the relevant military departments in accordance with the prescribed authority and procedures. The implementation plan of national defense mobilization and the emergency plan should be connected with each other in terms of command, force utilization, information and support.
Article 17 The preparation and examination and approval of national defense mobilization plans and implementation plans at all levels shall be carried out in accordance with relevant state regulations.
Eighteenth people's governments at or above the county level shall incorporate the relevant contents of national defense mobilization into the national economic and social development plan. The relevant military departments shall incorporate the national defense mobilization implementation plan into the combat readiness plan. The people's governments at or above the county level and their relevant departments and relevant military departments shall implement the national defense mobilization plan and the national defense mobilization implementation plan in accordance with their duties.
Nineteenth statistical agencies and relevant departments of the people's governments at or above the county level shall, according to the needs of national defense mobilization, accurately and timely provide relevant statistical data to the office of the National Defense Mobilization Committee at the corresponding level. When the statistical data provided can not meet the needs, the office of the National Defense Mobilization Committee can organize a special statistical investigation on the potential of national defense mobilization according to the Statistics Law of the People's Republic of China and the relevant provisions of the state.
Article 20 The State establishes a system for evaluating and inspecting the implementation of the national defense mobilization plan and the national defense mobilization implementation plan.
Chapter iv construction projects and important products closely related to national defense article 21 according to the needs of national defense mobilization, construction projects and important products closely related to national defense should implement national defense requirements and have national defense functions.
Article 22 The catalogue of construction projects and important products closely related to national defense shall be formulated by the comprehensive management department of economic development of the State Council in conjunction with other relevant departments of the State Council and relevant departments of the army, and submitted to the State Council and the Central Military Commission (CMC) for approval. The military needs of construction projects and important products listed in the catalogue shall be put forward by the relevant military departments; The relevant competent departments of the people's governments at or above the county level shall solicit the opinions of the relevant military departments in accordance with the provisions when examining and approving construction projects and finalizing the design of important products.
Article 23 Construction projects and important products listed in the catalogue shall be designed, produced, constructed, supervised and accepted in accordance with relevant laws, administrative regulations and technical specifications and standards for implementing national defense requirements, so as to ensure the quality of construction projects and important products.
Article 24 Enterprises and institutions that invest in or participate in the construction of listed construction projects or the research, development and manufacture of important products shall enjoy subsidies or other preferential policies in accordance with relevant laws, administrative regulations and relevant state regulations.
Twenty-fifth people's governments at or above the county level shall give guidance and policy support to the implementation of national defense requirements for construction projects and important products listed in the catalogue, and the relevant departments shall do a good job in relevant management according to their duties. Article 26 The State practices a reserve system for reserve personnel.
According to the needs of national defense mobilization, the state reserves the required reserve talents in accordance with the principles of moderate scale, scientific structure and reasonable layout.
The State Council and the Central Military Commission (CMC) decide the size, types and methods of reserve personnel according to the needs of national defense mobilization.
Twenty-seventh reservists in accordance with the principle of professional counterparts, easy to mobilize, to be pre-incorporated into the active forces, into the reserve forces, into the militia or other forms of reserve.
According to the needs of national defense mobilization, the state establishes a reserve area for professional and technical reserve talents.
The state provides conditions and guarantees for training and reserving reserve talents. Reserve personnel shall participate in training according to law.
Article 28 The military service organs of local people's governments at or above the county level shall be responsible for organizing and implementing the reserve work of reserve personnel within their respective administrative areas. The relevant departments of the local people's governments at or above the county level, township (town) people's governments, sub-district offices or enterprises and institutions where the reservists are located shall assist the military service organs in doing a good job in the reserve work of the reservists.
Twenty-ninth reservists who have been pre-assigned to active service units and other reservists who plan to be called up shall report to their military service organs for reserve service for more than one month.
Article 30 After the state decides to mobilize national defense, the military service organs of the people's governments at the county level shall promptly issue a call-up notice to the reservists who are called up according to the orders of their superiors.
Reserve personnel who have received the call-up notice shall report to the designated place according to the requirements of the notice.
Article 31 Units that recruit reservists shall assist military service organs in recruiting reservists.
Units and individuals engaged in transportation shall give priority to the transportation of enlisted reservists.
Article 32 After the state decides to mobilize national defense, the enlisted reservists shall not leave the reserve registration place without the approval of the military service organ of the people's government at the county level where they are registered. Those who have left the reserve registration place shall immediately return or report to the designated place after receiving the notice from the military service organ. Article 33 The State shall, according to the needs of national defense mobilization, implement a system of strategic material reserve and allocation.
The strategic material reserve shall be organized and implemented by the relevant departments of the State Council.
Thirty-fourth units undertaking the task of strategic material reserve shall keep and maintain the reserve materials in accordance with the relevant provisions and standards of the state, and make regular adjustments and replacements to ensure the efficiency and safety of the use of the reserve materials.
According to the relevant regulations, the state subsidizes the units that undertake the task of strategic material reserve.
Thirty-fifth strategic materials in accordance with the relevant provisions of the state. After the state decided to implement national defense mobilization, the dispatch of strategic materials was approved by the State Council and the Central Military Commission.
Article 36 The storage and allocation of other materials needed for national defense mobilization shall be carried out in accordance with the provisions of relevant laws and administrative regulations. Article 37 The State establishes a mobilization system for military scientific research, production, maintenance and support, and reserves military scientific research, production, maintenance and support capabilities according to the needs of military ordering and equipment support in wartime.
Military products mentioned in this Law refer to equipment and materials used for military purposes, as well as special production equipment and equipment.
Article 38 The types, layout and scale of military scientific research, production, maintenance and support capacity reserves shall be proposed by the relevant competent departments of the State Council in conjunction with the relevant military departments, and implemented after being reported to the State Council and the Central Military Commission for approval.
Article 39 Units that undertake the tasks of transforming and expanding the production of military products and maintaining them shall reserve the required equipment, materials, supporting products and technologies according to the tasks of national defense mobilization, establish the required professional technical team, and formulate and improve plans and measures.
Article 40 People's governments at all levels shall support and help units undertaking the task of converting military to civilian to expand production, develop and apply advanced dual-use technologies, popularize technical standards common to military and civilian, and improve the comprehensive support capability of converting military to civilian.
The relevant departments in charge of the State Council should coordinate and support the major tasks of trans-regional and cross-industry military products conversion and expansion of production.
Article 41 After the State decides to carry out national defense mobilization, the units that undertake the task of converting military products into production and expanding production shall, in accordance with the national military product ordering contract and the requirements of converting military products into production and expanding production, organize military research and production, ensure the quality of military products, deliver orders on time, and assist the army in completing maintenance and support tasks. Units that provide energy, materials, equipment and supporting products for the transformation and expansion of military products shall give priority to meeting the needs of the transformation and expansion of military products.
The state shall compensate units that have caused direct economic losses due to the task of transforming military products into production and expanding production. Article 42 The state implements a system of war disaster prevention and rescue to protect people's lives and property and ensure potential and sustained national defense mobilization.
Article 43 The state establishes a hierarchical protection system for military, economic and social objectives and the highest organs. Grade protection standards are stipulated by the State Council and the Central Military Commission (CMC).
The protection of military, economic and social objectives and high-level organs shall be organized and implemented by the people's governments at or above the county level in conjunction with relevant military organs.
Article 44 Units undertaking military, economic and social objectives and the support tasks of the head office shall formulate support plans and emergency repair plans, organize support drills, implement support measures and improve the comprehensive support efficiency.
Article 45 The state establishes a medical and health system combining peacetime with wartime. After the state decides to implement national defense mobilization, it will mobilize medical and health personnel, dispatch medicines, equipment and facilities, and ensure medical rescue and health and epidemic prevention in wartime.
Article 46 After the state decides to carry out national defense mobilization, the people's government at the corresponding level shall decide and organize the evacuation and concealment of personnel and materials; Cross-administrative regions shall be decided and implemented by the people's government at the next higher level in the relevant administrative region.
Units undertaking the task of evacuation and concealment of personnel and materials shall complete the task of evacuation and concealment within the specified time according to the decision of the relevant people's government.
Article 47 In the event of a war disaster, the local people's government should quickly start the emergency rescue mechanism, organize forces to rescue the wounded, resettle the victims, protect property, eliminate the consequences of the war disaster as soon as possible, and restore normal production and living order.
People and organizations suffering from war disasters should take timely self-help and mutual rescue measures to reduce the losses caused by war disasters. Article 48 After the state decides to implement national defense mobilization, the people's governments at or above the county level may, according to the needs of implementing national defense mobilization, mobilize citizens and organizations that meet the requirements stipulated in this Law to undertake national defense obligations.
The term "national defense service" as mentioned in this Law refers to the tasks of supporting and safeguarding the army's operations, undertaking the prevention and rescue of war disasters, and assisting in maintaining social order.
Forty-ninth male citizens between the ages of eighteen and sixty and female citizens between the ages of eighteen and fifty-five shall bear the obligation of national defense; However, in any of the following circumstances, it shall be exempted from the obligation of national defense:
(a) citizens engaged in management and service work in social welfare institutions such as nurseries, kindergartens, orphanages, nursing homes, rehabilitation institutions for the disabled, and rescue stations;
(2) Citizens who are engaged in school teaching, management and service in the compulsory education stage;
(3) Pregnant and breastfeeding female citizens;
(4) Citizens who are unable to undertake national defense obligations due to illness;
(five) citizens who have lost their ability to work;
(6) Citizens who serve in intergovernmental international organizations such as the United Nations;
(seven) other citizens who have been exempted from national defense military service with the approval of the people's governments at or above the county level.
Professional and technical personnel with special expertise shall bear specific national defense responsibilities and shall not be subject to the age limit stipulated in the preceding paragraph.
Article 50 Persons who undertake national defense obligations shall obey orders, perform their duties, observe discipline and keep secrets. The unit where the personnel responsible for national defense and military service work are located shall give support and assistance.
Article 51 units such as transportation, postal services, telecommunications, medicine and health, grain and grain supply, engineering construction, energy and chemical industry, large-scale water conservancy facilities, civil nuclear facilities, news media, national defense scientific research and production, and municipal facilities guarantee shall undertake national defense services according to law.
The units specified in the preceding paragraph shall, in peacetime, set up professional support teams in accordance with the principles of professional counterparts, capable personnel and effective emergency response, organize training and drills, and improve their ability to complete national defense services.
Article 52 Citizens and organizations have the obligation to participate in national defense services, which are organized by people's governments at or above the county level.
Citizens and professional security teams responsible for preventing and rescuing war disasters and helping to maintain social order are under the command of the local people's government to provide services and living security; When performing their duties across administrative regions, the local people's governments at or above the county level in the relevant administrative regions shall organize the implementation of relevant guarantees.
The civilian and professional support teams responsible for supporting and ensuring military operations are under the command of military organs, and the accompanying troops provide services and living security; Other services and living guarantees are provided by the local people's government.
Article 53. Personnel who undertake national defense military service continue to enjoy the wages, allowances and other welfare benefits of their original work units during the performance of their duties; If there is no work unit, the local people's government at the county level shall give subsidies according to the subsidy standard for militia to perform combat readiness service; Because of national defense service casualties, by the local people's government at the county level in accordance with the relevant provisions of the "Regulations on pensions and preferential treatments for servicemen" and other pensions and preferential treatments. Article 54 After the state decides to carry out national defense mobilization, if the reserve materials cannot meet the mobilization needs in time, the people's governments at or above the county level may requisition civil resources according to law.
The term "folk resources" as mentioned in this Law refers to the facilities, equipment, places and other materials owned or used by organizations and individuals for social production, service and life.
Article 55 All organizations and individuals have the obligation to accept the requisition of civil resources according to law.
Where the China People's Liberation Army's active and reserve forces, the Chinese People's Armed Police Force and militia organizations need to use civilian resources, they shall put forward requisition requirements, and the local people's governments at or above the county level shall uniformly organize the requisition. The local people's governments at or above the county level shall register the requisitioned civil resources and issue certificates to the requisitioned people.
Article 56 The following civil resources are exempt from expropriation:
(1) Articles and residences necessary for personal and family life;
(two) nurseries, kindergartens, orphanages, nursing homes, rehabilitation institutions for the disabled, rescue stations and other social welfare institutions. Ensure the necessary articles and living places for children, the elderly, the disabled and the recipients;
(3) Other civilian resources exempted from expropriation as stipulated by laws and administrative regulations.
Article 57 Where the requisitioned civilian resources need to be transformed according to military needs, the local people's governments at or above the county level shall organize the implementation in conjunction with the relevant military organs.
The unit undertaking the transformation task shall carry out transformation according to the military requirements and transformation plan put forward by the user unit, and ensure the timely delivery. The funds needed for the transformation shall be borne by the state.
Article 58 After the requisitioned civil resources have been used up, the local people's governments at or above the county level shall promptly organize their return; After the transformation, it should be returned after the original function is restored; Those that cannot be repaired or lost, and those that cause direct economic losses due to expropriation, shall be compensated in accordance with the relevant provisions of the state.
Article 59 Where the China People's Liberation Army's active and reserve forces, the Chinese People's Armed Police Force and militia organizations need to requisition civilian resources or take temporary control measures for military exercises and training, it shall be implemented in accordance with the relevant regulations of the State Council and the Central Military Commission (CMC). Article 60 People's governments at all levels shall organize national defense mobilization publicity and education to enhance citizens' awareness of national defense and their awareness of fulfilling their national defense obligations according to law. The relevant military organs shall assist in the publicity and education of national defense mobilization.
Article 61 State organs, social organizations, enterprises and institutions and grass-roots mass autonomous organizations shall organize their own staff to learn and master the necessary knowledge and skills of national defense.
Article 62 People's governments at all levels should make use of various media and means to publicize and educate citizens about patriotism and revolutionary heroism, stimulate their patriotic enthusiasm, encourage citizens to actively participate in the war, take various forms to carry out activities of supporting the army and giving preferential treatment to the elderly, and do a good job in pension and preferential treatment in accordance with relevant state regulations.
Press and publication, radio, film and television, online media and other units should do a good job in publicity and education and related work in accordance with the requirements of national defense mobilization. Article 63 After the state decides to implement national defense mobilization, it may, according to needs, take the following special measures in areas where national defense mobilization is implemented according to law:
(a) control of finance, transportation, postal services, telecommunications, press and publication, radio, film and television, information networks, energy and water supply, medicine and health, food and food supply, commerce and trade;
(two) the necessary restrictions on the area, time and mode of personnel activities, as well as the areas where materials and vehicles enter and leave;
(three) the implementation of special work system in state organs, social organizations, enterprises and institutions;
(4) giving priority to providing all kinds of traffic security for the army;
(5) Other special measures that need to be taken.
Article 64 The implementation of special measures in the whole country or in some provinces, autonomous regions and municipalities directly under the Central Government shall be decided by the State Council and the Central Military Commission (CMC). The implementation of special measures in some areas within the scope of provinces, autonomous regions and municipalities directly under the Central Government shall be decided by the State Council and the Central Military Commission (CMC), and shall be organized and implemented by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the military organs at the same level.
Article 65 The organ that organizes the implementation of special measures shall implement special measures within the prescribed authority, area and time limit. Citizens and organizations in the area where special measures are implemented shall be subject to the management of the organs that organize the implementation of special measures.
Article 66 When special measures are no longer needed, they shall be terminated in time.
Article 67 Where litigation, administrative reconsideration and arbitration activities cannot be carried out normally due to the mobilization order issued by the state, the provisions on the limitation of suspension and procedures shall apply, unless otherwise stipulated by law. Sixty-eighth citizens who have one of the following acts shall be ordered by the people's government at the county level to make corrections within a time limit; If it fails to perform within the time limit, it shall be forced to perform its obligations:
(1) reservists who have been pre-assigned to active service units and other reservists who are scheduled to be called up have left the reserve registration place for more than one month and failed to declare reserve registration to the military service organs;
(2) After the state decides to mobilize national defense, the reservists who are scheduled to be called up leave the reserve registration place without the approval of the reserve registration organ, or fail to return in time as required by the military service organ, or fail to report at the designated place;
(3) Refusing or evading conscription or refusing or evading national defense obligations;
(4) Refusing or delaying the requisition of civil resources or obstructing the transformation of the requisitioned civil resources;
(5) Interfering with or disrupting the order of national defense mobilization or obstructing national defense mobilization personnel from performing their duties according to law.
Sixty-ninth enterprises and institutions have one of the following acts, the relevant people's government shall order them to make corrections within a time limit; Those who fail to perform within the time limit shall be forced to perform their obligations and may be fined:
(a) the implementation of national defense requirements of the construction project, not in accordance with the national defense requirements and technical specifications and standards for design, construction or production;
(2) The strategic reserve materials are lost, damaged or disobeyed due to poor management;
(3) Failing to reserve the military scientific research, production, maintenance and support capacity in accordance with the requirements of military products transformation and expansion and maintenance and support tasks, or failing to set up a professional and technical team in accordance with regulations;
(four) refusing or delaying the implementation of professional security tasks;
(5) Refusing or deliberately delaying military orders;
(6) Refusing or delaying the requisition of civil resources or obstructing the transformation of the requisitioned civil resources;
(seven) hinder citizens from fulfilling their obligations of conscription and national defense.
Article 70 In case of any of the following acts, the directly responsible person in charge and other directly responsible personnel shall be punished according to law:
(1) refusing to carry out the national defense mobilization order issued by the superior;
(two) abuse of power or dereliction of duty, causing serious losses to the national defense mobilization work;
(3) refusing to register or issue certificates for the requisitioned civil resources, or using them in violation of regulations, causing serious damage, and failing to return or compensate them in accordance with regulations;
(4) divulging the secrets of national defense mobilization;
(five) corruption, misappropriation of funds and materials for national defense mobilization;
(six) abuse of power, infringement and damage to the legitimate rights and interests of citizens or organizations.
Article 71 Whoever violates the provisions of this Law and constitutes a violation of public security administration shall be given administrative penalties for public security according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 72 This Law shall come into force on July 20 10/day.