(Adopted at the Thirteenth Meeting of the Standing Committee of the Eleventh National People's Congress on February 26, 2010) Article 1 This Law is enacted in accordance with the Constitution for the purpose of strengthening national defense, improving the system of national defense mobilization, guaranteeing the smooth progress of national defense mobilization, and safeguarding the sovereignty, unity, territorial integrity and security of the State.
Article 2 This Law shall apply to the preparation and implementation of national defense mobilization and related activities.
Article 3 The State strengthens the construction of national defense mobilization, establishes and improves a national defense mobilization system that is compatible with the needs of national defense and security, coordinated with economic and social development, and connected with the emergency response mechanism for emergencies, so as to enhance national defense mobilization capabilities.
Article 4 The national defense mobilization adheres to the policy of combining war and peace, combining military and civilian affairs, and placing the military in the service of the people, and follows the principles of unity of leadership, participation of all people, long-term preparedness, focus on construction, and overall coordination, and in an orderly and efficient manner.
Article 5 Citizens and organizations shall, in peacetime, complete preparations for national defense mobilization in accordance with the law; after the state decides to implement national defense mobilization, it shall complete the prescribed tasks of national defense mobilization.
Article 6 The State shall guarantee the funds required for national defense mobilization. Funds for national defense mobilization shall be included in the central and local budgets in accordance with the principle of division of responsibilities.
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 State are threatened, the Standing Committee of the National People's Congress shall, in accordance with the provisions of the Constitution and the relevant laws, decide on a general or partial national mobilization. The President of the State shall issue a mobilization order in accordance with the decision of the Standing Committee of the National People's Congress.
Article 9 The State Council and the Central Military Commission ****together lead the national defence mobilization work of the whole country, formulate the guidelines, policies and regulations for national defence mobilization, propose to the Standing Committee of the National People's Congress the implementation of the general or partial mobilization of the whole country, and, on the basis of the decision of the Standing Committee of the National People's Congress and the mobilization order issued by the President of the State, organize the implementation of national defence mobilization.
When the sovereignty, unity, territorial integrity and security of the State are under direct threat and immediate countermeasures must be taken, the State Council and the Central Military Commission may, in accordance with the needs of the emergency response, take the necessary measures for national defense mobilization provided for in this Law, and at the same time report to the Standing Committee of the National People's Congress.
Article 10 The local people's governments shall carry out and implement the guidelines, policies, laws and regulations on national defense mobilization; after the State decides to implement national defense mobilization, they shall organize the implementation of national defense mobilization in their administrative areas in accordance with the national defense mobilization tasks assigned by their superiors.
Local people's governments at or above the county level manage the work of national defense mobilization in their administrative areas in accordance with the 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 shall be responsible for organizing, guiding and coordinating national defense mobilization under the leadership of the State Council and the Central Military Commission; 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 in accordance with their respective divisions of responsibility. The national defense mobilization committees of the military regions and the local national defense mobilization committees at the county level and above are responsible for organizing, guiding and coordinating the work of national defense mobilization in their respective regions.
Article 13 The offices of the national defense mobilization committees shall undertake the daily work of the national defense mobilization committees at their respective levels, and shall perform the relevant national defense mobilization duties in accordance with the law.
Article 14 Upon the elimination of threats to the sovereignty, unity, territorial integrity and security of the State, the implementation measures for national defense mobilization shall be lifted in accordance with the authority and procedures for deciding on the implementation of national defense mobilization.
Chapter III National Defense Mobilization Plans, Implementation Plans and Statistical Surveys of Potential Article 15 The State shall implement a system of national defense mobilization plans, national defense mobilization implementation plans and statistical surveys of potential for national defense mobilization.
Article 16 The national defense mobilization plan and the plan for implementation of national defense mobilization shall be prepared in accordance with the guidelines and principles of national defense mobilization, the status of national defense mobilization potential and military needs. Military needs by the relevant departments of the army in accordance with the prescribed authority and procedures. National defense mobilization implementation plan and emergency response plan should be in command, use of force, information and security and other aspects of each other.
Article 17 The preparation and approval of national defense mobilization plans and national defense mobilization implementation plans at all levels shall be carried out in accordance with the relevant state regulations.
Article 18 The people's governments at or above the county level shall incorporate the relevant aspects of national defense mobilization into national economic and social development plans. The relevant departments of the army shall incorporate the national defense mobilization implementation plan into the war preparation plan. The people's governments at or above the county level and their relevant departments and the relevant departments of the army shall, in accordance with their duties, implement the national defense mobilization plan and national defense mobilization implementation plan.
Article 19 of the people's governments at or above the county level statistical agencies and relevant departments shall, according to the needs of national defense mobilization, accurate and timely to the offices of the National Defense Mobilization Committee at this level to provide relevant statistical information. When the statistical information provided does not meet the needs, the offices of the National Defense Mobilization Commission may organize and carry out special statistical surveys on the potential for national defense mobilization in accordance with the "Statistical Law of the People's Republic of China" and the relevant provisions of the State.
Article 20 The State establishes a system for assessing 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 shall carry out the requirements of national defense and have national defense functions.
Article 22 The catalog of construction projects and important products closely related to national defense shall be drawn up by the State Council's department of comprehensive management of economic development in conjunction with other relevant departments of the State Council as well as the relevant departments of the armed forces, and reported to the State Council and the Central Military Commission for approval. Included in the catalog of construction projects and important products, the military needs of the relevant departments of the army; construction projects for approval, approval and important product design and finalization, the relevant departments of the people's governments at or above the county level shall, in accordance with the provisions of the relevant departments of the army to seek the views of the relevant departments of the army.
Article 23 The construction projects and important products listed in the directory shall be designed, produced, constructed, supervised and accepted in accordance with the relevant laws, administrative regulations and technical specifications and standards for the implementation of national defense requirements to ensure the quality of construction projects and important products.
Article 24 Enterprises and institutions to invest or participate in the investment in the catalog of construction projects or important product research, development, manufacturing, in accordance with the relevant laws, administrative regulations and the relevant provisions of the State, to enjoy the subsidies or other policy concessions.
Article 25 of the people's governments at or above the county level shall be included in the directory of construction projects and important products to implement the national defense requirements to give guidance and policy support, the relevant departments shall, in accordance with their responsibilities to do a good job in the relevant management. Article 26 The State shall implement a reserve personnel reserve system.
The State, according to the needs of national defense mobilization, in accordance with the principle of appropriate scale, scientific structure and reasonable layout, reserve personnel required.
The State Council and the Central Military Commission decide on the scale, type and manner of reserve personnel reserves in accordance with the needs of national defense mobilization.
Article 27 Reservists shall, in accordance with the principles of professional equivalence and ease of mobilization, take the form of being pre-integrated into active units, into reserve units, into militia organizations, or other forms of reserve.
The State shall, in accordance with the needs of national defense mobilization, establish reserve areas for professional and technical reservists.
The State provides conditions and guarantees for the training and reserve of reservists. Reservists shall participate in training in accordance with the law.
Article 28 The military service organs of the local people's governments at or above the county level shall be responsible for organizing and implementing the work of reservists' reserve in their administrative areas. The relevant departments of the local people's governments at or above the county level, and the township (town) people's governments, street offices, or enterprises and institutions in which the reservists are located, shall assist the military service organs in the work relating to the reserve of reservists.
Article 29 Reservists who have been prearranged into active duty units and those who have been incorporated into reserve units, and other reservists scheduled for enlistment, and who have been away from the place of reserve registration for more than one month, shall report to the military service organ in which they have been registered for reserve service.
Article 30 After the State has decided to carry out national defense mobilization, the military service organs of the people's governments at the county level shall, in accordance with the orders of their superiors, expeditiously issue notices of enlistment to the reserve personnel to be enlisted.
Reservists who have received the notice of enlistment shall, in accordance with the requirements of the notice, report to the designated place.
Article 31 The unit to which the conscripted reservist belongs shall assist the military service organs in the conscription of reservists.
Units and individuals engaged in transportation shall give priority to transporting conscripted reservists.
Article 32 After the State has decided to carry out national defense mobilization, reservists scheduled to be called up shall not leave the place of reserve registration without the approval of the military service organ of the people's government at the county level of the place where they are to be registered for reserve service; those who have already left the place of registration for reserve service shall return immediately upon notification by the military service organ or report to the designated place. Article 33 The State implements a system of strategic material reserves and call-ups adapted to the needs of national defense mobilization.
Strategic material reserves shall be organized and implemented by the competent authorities under the State Council.
Article 34 The unit undertaking the task of strategic material reserves shall, in accordance with the relevant provisions and standards of the state reserve materials for safekeeping and maintenance, regular adjustment and replacement, to ensure that the use of reserve materials effectiveness and safety.
The state in accordance with the relevant provisions of the task of strategic materials reserve units to give subsidies.
Article 35 The strategic materials shall be mobilized in accordance with the relevant provisions of the State. After the State decides to implement national defense mobilization, the mobilization of strategic materials shall be approved by the State Council and the Central Military Commission.
Article 36 The stockpiling and mobilization of other materials required for national defense mobilization shall be carried out in accordance with the provisions of the relevant laws and administrative regulations. Article 37 The State establishes a mobilization system for the scientific research, production and maintenance of military products, and reserves the capacity for scientific research, production and maintenance of military products according to the needs of wartime army ordering and equipment guarantee.
The military products referred to in this Law refer to equipment, materials and specialized production equipment and devices used for military purposes.
Article 38 The types, layout and scale of the reserves of military goods for scientific research, production and maintenance and security capabilities shall be proposed by the relevant competent departments of the State Council in conjunction with the relevant departments of the armed forces, and reported to the State Council and the Central Military Commission for approval before being organized and implemented.
Article 39 Units undertaking the conversion and expansion of the production of military products and maintenance and security tasks shall, in accordance with the national defense mobilization tasks undertaken, reserve the required equipment, materials, supporting products and technologies, establish the required professional and technical teams, and formulate and improve the plans and measures.
Article 40 The people's governments at all levels shall support and help the units undertaking the task of transferring and expanding the production of military products to develop and apply advanced dual-use technologies, promote technical standards common to both the military and the people's governments, and improve the comprehensive guarantee capacity for transferring and expanding the production of military products.
The relevant competent departments of the State Council shall coordinate and support the implementation of major cross-regional and cross-industry tasks of conversion and expansion of production of military products.
Article 41 After the state decides to implement national defense mobilization, the unit that undertakes the task of transferring and expanding the production of military products shall, in accordance with the national military order contract and the requirements for transferring and expanding the production of military products, organize the scientific research and production of military products, ensure the quality of the military products, deliver the order on time, and assist the army in completing the task of maintenance and guarantee. For the conversion, expanding the production of military products to provide energy, materials, equipment and ancillary products of the unit, should give priority to meet the conversion, expanding the production of military products.
The State shall compensate for the direct economic losses caused by undertaking the task of transferring and expanding the production of military products. Article 42 The State shall implement a system of war disaster prevention and relief, protect people's lives and property, and safeguard the potential for national defense mobilization and sustained mobilization capacity.
Article 43 The State establishes a hierarchical protection system for military, economic and social objectives and organs of the head. The graded protection standards shall be prescribed by the State Council and the Central Military Commission.
Military, economic and social objectives and organs of the head of the protection of the people's governments at or above the county level, in conjunction with the relevant military authorities **** with the organization and implementation.
Article 44 The unit that undertakes the task of protecting military, economic and social objectives and organs of the head shall formulate protection plans and rescue and repair plans, organize protection drills, implement protection measures and improve the effectiveness of comprehensive protection.
Article 45 The state to establish a combination of peace and war medical and health care system. After the state decides to implement the national defense mobilization, mobilize medical and health personnel, medicine and equipment, equipment and facilities, to ensure wartime medical rescue and health epidemic prevention.
Article 46 After the state decides to implement national defense mobilization, the evacuation and concealment of personnel and materials, if carried out in the administrative region, the people's government at this level shall decide and organize the implementation; if carried out across administrative regions, the people's government of the higher level of the relevant administrative region **** the same shall decide and organize the implementation.
Units undertaking the task of evacuating and concealing people and materials shall, in accordance with the decision of the people's government concerned, complete the task of evacuating and concealing them within a specified period of time.
Article 47 When a war disaster occurs, the local people's government shall promptly activate the emergency relief mechanism, organize efforts to rescue the injured, resettle the victims and protect property, eliminate the consequences of the war disaster as soon as possible, and restore the normal order of production and life.
People and organizations suffering from war disasters shall promptly take self-help and mutual aid 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, in accordance with the needs of the implementation of national defense mobilization, mobilize citizens and organizations that meet the conditions prescribed by this Law to undertake national defense duties.
The national defense service referred to in this Law refers to supporting and safeguarding the military in combat, undertaking the task of preventing and rescuing war disasters, and assisting in the maintenance of social order.
Article 49 Male citizens between the ages of eighteen and sixty and female citizens between the ages of eighteen and fifty-five shall be required to perform national defense duties; however, they shall be exempted from such duties under any of the following circumstances:
(1) Citizens engaged in the management of, or providing services to, childcare centers, kindergartens, and social welfare institutions, such as orphanages, homes for the aged, institutions for the rehabilitation of persons with disabilities, and relief stations;< /p>
(2) Citizens engaged in teaching, management and service work in compulsory education schools;
(3) Pregnant and breastfeeding female citizens;
(4) Citizens who are sick and unable to perform national defense duties;
(5) Citizens who are incapable of working;
(6) Citizens who are serving in the United Nations and other intergovernmental organizations;
(7) Citizens who have been appointed to a position at a social welfare institution.
(vii) other citizens who are exempted from national defense duties by decision of the people's governments at or above the county level.
Professionals and technicians who have special expertise in specific national defense duties are not subject to the age limitations stipulated in the preceding paragraph.
Article 50: Personnel who have been assigned to national defense duties shall obey command, perform their duties, observe discipline and keep secrets. The unit in which the personnel are assigned to national defense duties shall give them support and assistance.
Article 51 Units of transportation, postal services, telecommunications, medicine and health, food and grain supply, engineering and construction, energy and chemical engineering, large-scale water conservancy facilities, civil nuclear facilities, the news media, national defense scientific research and production, and security of municipal facilities shall, in accordance with the law, perform national defense duties.
The units stipulated in the preceding paragraph shall, in accordance with the principle of professional counterparts, personnel, emergency effective professional security teams, training, drills, and improve the ability to complete national defense services.
Article 52 The people's governments at or above the county level shall be responsible for organizing the national defense duties of citizens and organizations.
Citizens and professional security teams undertaking the duties of preventing and rescuing war disasters and assisting in maintaining social order shall be commanded by the local people's governments, which shall provide security for their duties and lives; in the case of trans-administrative duties, the local people's governments at or above the county level of the relevant administrative areas shall organize and implement the relevant security.
Citizens and professional security teams tasked with supporting and safeguarding the military's combat duties are under the command of the military authorities, and those accompanying the troops in their operations are provided with services and livelihood safeguards by the troops in which they are located; the local people's governments provide services and livelihood safeguards for the others.
Article 53 Personnel performing national defense duties shall continue to enjoy the wages, allowances and other benefits of their original work units during the period of their performance of such duties; if they do not have work units, they shall be given subsidies by the local people's governments at the county level with reference to the subsidy standards of the militia for performing combat duties; if they are injured or killed in the performance of national defense duties, they shall be given compassionate treatment by the local people's governments at the county level in accordance with the Regulations on Military Pensions and Privileges, etc., and other relevant provisions. (c) Preferential treatment. Article 54 After the state decides to implement national defense mobilization, reserve materials can not meet the needs of mobilization in a timely manner, the people's governments at or above the county level may, in accordance with the law, requisition civilian resources.
Civilian resources as referred to in this Law refer to facilities, equipment, places and other materials owned or used by organizations and individuals for social production, service and life.
Article 55 Any organization or individual has the obligation to accept the requisition of civil resources in accordance with the law.
The active and reserve forces of the Chinese People's Liberation Army, the Chinese People's Armed Police Force, and the militia organizations that need to use civilian resources shall put forward their requisitioning needs, and the local people's governments at or above the county level shall uniformly organize the requisitioning. The local people's government at or above the county level shall register the requisitioned civilian resources and issue vouchers to the requisitioners.
Article 56 The following civil resources shall be exempted from expropriation:
(1) articles and places of residence necessary for the life of individuals and families;
(2) articles and places of residence necessary for the protection of children, the elderly, the disabled and aid recipients by social welfare institutions such as nurseries, kindergartens and orphanages, old-age homes, disabled persons' rehabilitation institutions and aid stations;
(c) Other civil resources exempted from expropriation by laws and administrative regulations.
Article 57 If the requisitioned civilian resources need to be reformed in accordance with military requirements, the local people's governments at or above the county level shall organize and implement such reforms in conjunction with the relevant military authorities.
The unit which undertakes the task of transformation shall carry out the transformation in accordance with the military requirements and the transformation program put forward by the using unit, and ensure that it is delivered for use on schedule. The funds required for the remodeling shall be borne by the State.
Article 58 The requisitioned civilian resources are used, the local people's governments at or above the county level shall promptly organize the return; after the transformation, it shall be restored to the original use of the function of the return; can not be repaired or lost, as well as due to the requisition of the direct economic losses caused by the state in accordance with the relevant provisions of the compensation.
Article 59 Where the active and reserve forces of the People's Liberation Army, the Chinese People's Armed Police Force, or militia organizations conduct military exercises or training that require the requisition of civilian resources or the adoption of temporary control measures, such requisitions shall be carried out in accordance with the relevant provisions of the State Council and the Central Military Commission. Article 60 The people's governments at all levels shall organize and carry out publicity and education on national defense mobilization, and enhance citizens' concept of national defense and their awareness of fulfilling their national defense obligations in accordance with the law. The relevant military organs shall assist in the publicity and education work of national defense mobilization.
Article 61 State organs, social organizations, enterprises and institutions and grass-roots mass self-government organizations shall organize their personnel to learn and master the necessary knowledge and skills of national defense.
Article 62 The people's governments at all levels shall make use of all kinds of propaganda media and means of propaganda to educate citizens about patriotism and revolutionary heroism, to stimulate their patriotic fervor, to encourage them to participate in the war and support the front, to take various forms of support for the military and their families, and to do a good job of providing pensions and preferential treatment in accordance with the relevant state regulations.
Press and publication, broadcasting, film and television and network media and other units, shall do a good job of 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, the following special measures may be taken in accordance with the law in the area where national defense mobilization is implemented according to the needs:
(1) to exercise control over the industries of finance, transportation, postal services, telecommunications, press and publication, broadcasting, film and television, information network, supply of energy and water, medicine and hygiene, supply of food and foodstuffs, and commercial trade;
(2) to impose controls on the personnel activities in the area, time and manner, as well as the areas where materials and means of delivery enter and leave, are subject to necessary restrictions;
(iii) the introduction of a special work system in state organs, social organizations and enterprises;
(iv) the provision of all kinds of transportation security for the armed forces as a matter of priority;
(v) any other special measures that need to be taken.
Article 64 The implementation of special measures in the whole country or in part of a province, autonomous region, or municipality directly under the Central Government shall be decided and organized by the State Council and the Central Military Commission; the implementation of special measures in part of a province, autonomous region, or municipality directly under the Central Government shall be decided by the State Council and the Central Military Commission, and shall be organized by the people's government of the province, autonomous region, or municipality directly under the Central Government in which the area where the special measures are to be implemented is situated, and by the military organs of the same level. The State Council and the Central Military Commission shall decide that the people's government of the province, autonomous region or municipality directly under the central government where the special measures are to be implemented and the military organs at the same level shall organize and implement them.
Article 65 The organ organizing the implementation of special measures shall implement the special measures within the prescribed authority, area and time limit. Citizens and organizations in the area where the special measures are to be implemented shall be subject to the administration of the organ organizing the implementation of the special measures.
Article 66 When the adoption of special measures is no longer necessary, they shall be terminated promptly.
Article 67 If litigation, administrative reconsideration or arbitration activities cannot be carried out normally due to the issuance of a mobilization order by the State, the provisions relating to the suspension of the statute of limitations and the suspension of procedures shall be applied, unless otherwise provided by law. Article 68 Where a citizen commits any of the following acts, the people's government at the county level shall order him to make corrections within a certain period of time; if he fails to do so, he shall be compelled to fulfill his obligations:
(1) Where a reservist pre-arranged for active duty and integrated into a reserve unit, or other reservist scheduled for enlistment, has been away from the place where the reserve is registered for more than one month and has failed to report to the military service organ in which he was registered for the reserve;
(2) Where, following a state (b) After the State has decided to carry out national defense mobilization, reservists scheduled for enlistment leave the place of registration for reserve service without the approval of the military service organ where they are registered for reserve service, or fail to return in time as required by the military service organ or fail to report to a designated place;
(c) Refuse or evade enlistment or refusal or evasion of national defense service;
(d) Refuse or delay requisitioning of civilian resources or impede the reform of requisitioned civilian resources. (d) refusing or delaying the requisition of civilian resources or obstructing the transformation of requisitioned civilian resources;
(e) interfering with or disrupting the order of national defense mobilization work or obstructing personnel engaged in national defense mobilization work from performing their duties in accordance with the law.
Article 69 If an enterprise or institution commits any of the following acts, the people's government concerned shall order it to make corrections within a certain period of time; if it fails to do so, it shall be compelled to fulfill its obligations and may be fined:
(1) Failure to carry out the design or construction of, or production of, a construction project undertaken to implement the requirements for national defense according to the requirements for national defense as well as the technical specifications and standards;
(2) loss, loss, or loss of strategic reserve materials or production of strategic reserve materials caused by poor management (ii) Loss of or damage to strategic reserve materials due to poor management, or failure to comply with the call for strategic materials;
(iii) Failure to reserve military research, production and maintenance capability in accordance with the requirements for the conversion, expansion of production of military products and maintenance and security tasks, or failure to set up professional and technical teams in accordance with the regulations;
(iv) Refusal or delay in the implementation of professional security tasks;
(v) Refusal or intentional delay of military orders;
(vi) Refusal or intentional delay of military orders ) refusing or intentionally delaying military orders;
(vi) refusing or delaying the requisitioning of civilian resources or obstructing the transformation of requisitioned civilian resources;
(vii) obstructing citizens from fulfilling their obligation to be recruited for, or to perform, national defense duties.
Article 70 Where any of the following acts is committed, the person in charge and other persons directly responsible shall be punished according to law:
(1) refusing to carry out an order for national defense mobilization issued by a higher authority;
(2) abusing his power or neglecting his duties, causing serious damage to national defense mobilization;
(3) refusing to register, issue vouchers for, or issue certificates for, the requisitioned civilian resources;
(3) refusing to register, issue certificates for, or issue certificates for, the requisitioned civilian resources; or Failure to register and issue vouchers, or use them in violation of regulations causing serious damage, as well as failure to return or compensate them in accordance with the regulations;
(4) Disclosure of national defense mobilization secrets;
(5) Embezzlement or misappropriation of national defense mobilization funds and materials;
(6) Abuse of authority, infringement of and damage to the lawful rights and interests of citizens or organizations.
Article 71 Violation of the provisions of this Law constitutes a violation of public security administration and shall be punished by public security administration in accordance with the law; if it constitutes a crime, criminal responsibility shall be investigated in accordance with the law. Article 72 This Law shall come into force on July 1, 2010.