National Defense Health Mobilization Responsibilities

The Law of the People's Republic of China on National Defense Mobilization Contents Chapter 1 General Principles Chapter 2 Organizational and Leading Bodies and Their Powers Chapter 3 National Defense Mobilization Plans, Implementation Plans and Statistical Surveys of Potentials Chapter 4 Construction Projects and Important Products Closely Related to National Defense Chapter 5 Reserves and Recruitment of Reservists Chapter 6 Reserves and Call-ups of Strategic Goods Chapter 7 Scientific Research, Production and Maintenance and Guarantee of Military Products Chapter 8 Prevention and Relief of War Disasters Chapter 9: National Defense Services Chapter 10: Expropriation and Compensation of Civilian Resources Chapter 11: Publicity and Education Chapter 12: Special Measures Chapter 13: Legal Liability Chapter 14: Supplementary Provisions Chapter 1: General Provisions 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 decide on a general mobilization of the whole country or a partial mobilization of the whole country, in accordance with the provisions of the Constitution and the relevant laws. The President of the State issues mobilization orders in accordance with the decision of the Standing Committee of the National People's Congress.　Article 23 Construction projects and important products listed in the catalog shall be designed, produced, constructed, supervised and accepted in accordance with the relevant laws and administrative regulations and the technical specifications and standards for the implementation of national defense requirements, so as to ensure the quality of construction projects and important products.　　Article 24 enterprises and institutions to invest or participate in investment in the directory of construction projects or important product research, development, manufacturing, in accordance with relevant laws, administrative regulations and the relevant provisions of the State, to enjoy subsidies or other policy benefits.　　Article 25 The people's governments at or above the county level shall provide guidance and policy support for the implementation of national defense requirements for the construction projects and important products listed in the catalog, and the relevant departments shall do a good job of the relevant management in accordance with their duties. Chapter V Reserves and Recruitment of Reservists Article 26 The State shall implement a reserve personnel reserve system. The State shall, in accordance with the needs of national defense mobilization, reserve the necessary reserve personnel in accordance with the principles of appropriate scale, scientific structure and reasonable layout. The State Council and the Central Military Commission shall, in accordance with the needs of national defense mobilization, decide on the scale, types and methods of reserve personnel reserves.　Article 27 Reservists shall, in accordance with the principles of professional counterparts and ease of mobilization, be pre-arranged into active-duty units, integrated into reserve units, integrated 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 reserving of reservists. Reservists shall participate in training in accordance with 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 where the reservists are located shall assist the military service organs to do a good job in the work related to the reserves of reservists.　Article 29 Reservists who have been prearranged into active-duty units and those who have been integrated into reserve units, and other reservists who are scheduled to be recruited, and who have been away from the place where they are registered for reserve service for more than one month, shall report to the military service organ where they are 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 give notice of enlistment to the reserve personnel to be enlisted. Reservists who receive the notice of enlistment shall report to the designated place in accordance with the requirements of the notice.　Article 31 The unit to which the conscripted reservist belongs shall assist the military service organ to do a good job of conscripting reservists. Units and individuals engaged in transportation shall give priority to the transportation of conscripted reservists.　Article 32 After the state decides to implement the national defense mobilization, the reservists scheduled to be recruited 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 the reservists are registered; those who have already left the place of reserve registration shall, upon receiving the notification of the military service organ, immediately return or report to the designated place. Chapter VI strategic material reserves and call Article 33 The state to implement the national defense mobilization needs of strategic material reserves and call system. Strategic material reserves are organized and implemented by the relevant competent departments of the State Council.　Article 34 The unit undertaking the task of strategic material reserves, should be in accordance with the relevant provisions of the state and the standard of the 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 strategic materials to bear the task of stockpiling 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 call for strategic materials by the State Council and the Central Military Commission for approval.　Article 36 The national defense mobilization of other materials required for the reserve and call, in accordance with relevant laws and administrative regulations.　Chapter VII Scientific Research, Production and Maintenance of Military Products Article 37 The State shall establish a mobilization system for scientific research, production and maintenance of military products, and shall reserve scientific research, production and maintenance of military products according to the needs of wartime army ordering and equipment security.　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 scientific research, production and maintenance and security capabilities of military goods shall be proposed by the relevant competent departments of the State Council in conjunction with the relevant departments of the armed forces, and shall be 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 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 for both military and civilian purposes, promote technical standards common to both military and civilian purposes, 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 expanded 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. Units that provide energy, materials, equipment and ancillary products for the conversion and expansion of military products shall give priority to meeting the needs of the conversion and expansion of military products.　The State shall compensate the units for the direct economic losses caused by undertaking the task of transferring and expanding the production of military products.　Chapter VIII Prevention and Relief of War Disasters Article 42 The State shall implement a system of prevention and relief of war disasters to protect people's lives and property, and to 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 work, by 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 military, economic and social objectives and the head of the protective task of the organization shall develop protection plans and rescue and repair plans, organization of protection drills, the implementation of protective measures to improve the effectiveness of integrated protection.　Article 45 The State shall establish a medical and health care system that combines peace and war. After the state decides to implement national defense mobilization, mobilize medical and health personnel, call for medicines 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 shall be decided and organized by the people's government at the present level if it is carried out in the administrative area; if it is carried out across administrative areas, it shall be decided and organized by the people's government of the higher level of the relevant administrative area **** the same.　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, protect property, eliminate the consequences of the war disaster as soon as possible, and restore normal production and living order.　Persons and organizations suffering from war disasters shall promptly take self-help and mutual-help measures to reduce the losses caused by war disasters.　Chapter IX National Defense Services Article 48 After the State has decided 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 meeting the conditions prescribed by this Law to undertake national defense services.　The national defense service referred to in this Law refers to the tasks of supporting and safeguarding the military in combat, undertaking the prevention and relief of 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 perform national defense duties; however, they shall be exempted from performing national defense duties under any of the following circumstances (b) Citizens engaged in teaching, management and service work in schools of the compulsory education stage; (c) Pregnant and breastfeeding female citizens; (d) Citizens who are sick and unable to perform national defense duties; (e) Citizens who have lost their ability to work; (f) Citizens serving in the United Nations and other intergovernmental organizations; (g) 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 with special expertise in specific national defense duties shall not be subject to the age limitations stipulated in the preceding paragraph.　Article 50 Personnel 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, news media, national defense scientific research and production, and municipal facilities shall perform national defense duties in accordance with the law.　The units stipulated in the preceding paragraph shall, in accordance with the principle of professional counterparts, lean personnel, emergency effective professional security team, organize training, exercises, and improve the ability to complete national defense services.　Article 52 Citizens and organizations undertaking national defense duties shall be organized by the people's governments at or above the county level.　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, and shall be provided with security for their duties and lives; in the case of trans-administrative area duties, the local people's governments at or above the county level of the relevant administrative area shall organize and implement the relevant security.　Citizens and professional security teams responsible for 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 stationed; 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 performing such duties; if they have no work units, they shall be subsidized 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 provided with compassionate treatment by the local people's governments at the county level in accordance with the Regulations on Pensions and Benefits for Soldiers and other relevant provisions.　Chapter X. Expropriation and Compensation of Civilian Resources Article 54 Where the state decides to carry out national defense mobilization and the reserve materials cannot meet the mobilization needs in time, the people's governments at or above the county level may, in accordance with the law, expropriate the civilian resources.　The civil resources 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 civilian resources in accordance with law.　The active and reserve forces of the Chinese People's Liberation Army, the Chinese People's Armed Police Force and 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 governments 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 life of children, the elderly, persons with disabilities and aid recipients in childcare centers, kindergartens, and social welfare institutions, such as orphanages, homes for the aged, rehabilitation institutions for persons with disabilities, and rescue stations; (3) other civil resources exempted from expropriation by the provisions of laws and administrative regulations.　Article 57 Where 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, in conjunction with the relevant military authorities, organize and implement the reform.　The unit undertaking the task of transformation shall carry out the transformation in accordance with the military requirements and transformation program proposed by the using unit, and ensure that it is delivered for use on schedule. The funds required for the transformation shall be borne by the State.　Article 58 When the use of requisitioned civilian resources is completed, the local people's governments at or above the county level shall promptly organize the return of such resources; where such resources have been transformed, they shall be restored to their original functions and then returned to the people's governments; where such resources cannot be repaired or have been lost, and where such resources have been requisitioned and have caused direct economic losses, they shall be compensated for in accordance with the relevant state regulations.　Article 59 If the active and reserve forces of the People's Liberation Army, the Chinese People's Armed Police Force or the militia organizations need to requisition civilian resources or take temporary control measures in order to carry out military exercises or training, such requisitioning shall be carried out in accordance with the relevant provisions of the State Council and the Central Military Commission.　Chapter XI Publicity and Education Article 60 The people's governments at all levels shall organize and carry out publicity and education for national defense mobilization, and enhance the 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 work of publicity and education for national defense mobilization.　Article 61 State organs, social organizations, enterprises and institutions and grass-roots mass self-governance organizations shall organize their personnel to learn and master the necessary national defense knowledge and skills.　Article 62 The people's governments at all levels shall utilize 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 wars and support the front line, to take various forms of activities to support the military and their families, and to do a good job of providing pensions and preferential treatment in accordance with the relevant provisions of the State.　News publishing, 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.　Chapter XII Special Measures 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, energy and water supply, medicine and health, food and food supply, and commerce and trade; (2) to control the area where personnel activities are carried out, (b) To impose necessary restrictions on the areas, time and manner of people's activities, as well as on the areas to which materials and means of transportation may be brought in or out; (c) To implement a special working system in State organs, public organizations and enterprises; (d) To give priority to providing various kinds of transportation security for the armed forces; (e) To take other special measures as may be necessary.　Article 64 The State Council and the Central Military Commission shall decide on and organize the implementation of special measures in the whole country or in some provinces, autonomous regions, or municipalities directly under the Central Government; the State Council and the Central Military Commission shall decide on and the people's governments of the provinces, autonomous regions, or municipalities directly under the Central Government in which the special measures are to be implemented, and the military organs at the same level shall organize the implementation of the special measures in the areas where the special measures are to be implemented.　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 Where 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 apply, unless otherwise provided by law.　Chapter XIII Legal Liability 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 prearranged for active duty and integrated into a reserve unit, or other reservist scheduled for enlistment, has been away from the place where he was registered in the reserve service for more than one month and has failed to report to the military service organ in which he was registered in the reserve service; (2) Where, after a decision has been made by the State to carry out a national defense (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 for which they are registered, 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 refuse or evade to perform national defense duties; (d) Refuse or delay the requisitioning of civilian resources, or impede the reform of requisitioned civilian resources; (e) Interfere with, (e) Interfering with or disrupting the working order of national defense mobilization or obstructing personnel engaged in national defense mobilization from performing their duties in accordance with law.　Article 69 An enterprise or institution that commits any of the following acts shall be ordered by the people's government concerned to make corrections within a certain period of time; if such corrections are not made within that period of time, it shall be compelled to fulfill its obligations and may be fined: (1) Failing to design, construct or manufacture in accordance with the requirements of national defense and the technical norms and standards of the construction projects it undertakes to carry out national defense requirements; (2) Losing or damaging the strategic reserve materials due to mismanagement, or failing to comply with the call of strategic materials; (3) Failing to comply with the call of strategic materials; or (c) Failure to carry out scientific research, production and maintenance reserve of military products in accordance with the requirements for transferring or expanding the production of military products and maintenance tasks, or failure to set up professional and technical teams in accordance with the regulations; (d) Refusal or delay in the implementation of professional security tasks; (e) Refusal or intentional delay in the military ordering process; (f) Refusal or delay in the expropriation of civilian resources, or impeding the transformation of expropriated civilian resources (f) Refusing or delaying the requisition of civilian resources or obstructing the transformation of requisitioned civilian resources; (g) Obstructing citizens from fulfilling their obligations to be recruited for, or to perform, national defense duties.　Article 70 Anyone who does any of the following acts shall be punished in accordance with the law for the persons directly in charge and others directly responsible: (1) refusing to carry out an order for national defense mobilization issued by a higher authority; (2) abusing one's power or neglecting one's duty and causing serious damage to national defense mobilization work; (3) refusing to register and issue vouchers for requisitioned civilian resources, or violating the provisions of the regulations in using them and causing serious damage to them, as well as failing to return or compensate them according to the regulations. (d) Disclosing the secrets of national defense mobilization; (e) Embezzlement or misappropriation of funds and materials for national defense mobilization; (f) Abuse of power, infringement and damage to the legitimate rights and interests of citizens or organizations.　Article 71 Any violation of the provisions of this Law that constitutes a violation of public security administration shall be punished by public security administration in accordance with law; if it constitutes a crime, criminal responsibility shall be investigated in accordance with law.　Chapter XIV Supplementary Provisions Article 72 This Law shall come into force on July 1, 2010