Civil Air Defense Law of the People's Republic of China (2009 Amendment) [Effective] | govt.chinadaily.com.cn

Civil Air Defense Law of the People's Republic of China (2009 Amendment) [Effective]

Updated: Dec 11, 2018 http://eng.mod.gov.cn Print

Civil Air Defense Law of the People's Republic of China 

(Adopted at the 22nd Meeting of the Standing Committee of the Eighth National People's Congress on October 29, 1996, promulgated by Order No. 78 of the President of the People's Republic of China on October 29, 1996; Amended in accordance with the Decision of the Standing Committee of the National People's Congress on Amending Some Laws adopted at the 10th session of the eleventh Standing Committee of the National People's Congress on August 27, 2009)

Table of Contents

Chapter I General Provisions

Chapter II Priority of Protection

Chapter III Civil Air Defense Works

Chapter IV Communications and Warning

Chapter V Evacuation

Chapter VI Mass Organizations for Air Defense

Chapter VII Education in Civil Air Defense

Chapter VIII Legal Liability

Chapter IX Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is enacted for the purpose of organizing effective civil air defense, preserving safety of people's lives and property and ensuring the smooth progress of the socialist modernization drive.

Article 2 Civil air defense is a component part of national defense. In light of the need of national defense, the State mobilizes and organizes the masses to take protective measures for preventing or minimizing damage caused by air raid. For civil air defense, the guidelines of making long-term preparation, giving priority to the building of key works and suiting both peacetime and wartime needs shall be applied and the principles of coordinating its buildup with the development of the economy and combining it with urban construction shall be carried out.

Article 3 People's governments at or above the county level shall incorporate civil air defense construction into their plans for national economic and social development.

Article 4 The expenses for civil air defense shall be jointly borne by the State and the society. The proportion borne by the Central Government shall be incorporated in the central budget, while the proportions borne by the local people's governments at or above the county level shall be incorporated in their budgets respectively. Relevant units shall bear their proportions of the expenses for civil air defense in accordance with relevant State regulations.

Article 5 In accordance with relevant regulations, the State adopts preferential policies with regard to construction of civil air defense projects. The State encourages and supports enterprises, institutions, public organizations and individuals to invest in various ways in construction of civil air defense works. In time of peace, such works shall be used and managed by the investors and the income therefrom shall be owned by them.

Article 6 The State Council and the Central Military Commission shall exercise leadership in the work of civil air defense throughout the country. As authorized by the State Council and the Central Military Commission, the major military commands shall exercise leadership in the work of civil air defense in the areas under their command. Local people's governments at or above the county level and the military organs at the corresponding level shall exercise leadership in the work of civil air defense in their administrative areas respectively.

Article 7 The competent national department for civil air defense shall administer the work of civil air defense throughout the country. The competent departments for civil air defense of the major military commands shall administer the work of civil air defense in their areas respectively. The competent departments for civil air defense of the local people's governments at or above the county level shall administer the work of civil air defense in their administrative areas respectively. The competent departments for civil air defense of the State organs at the central level shall administer the work of civil air defense of their own organs. Provisions for the establishment and the functions and duties of the competent departments for civil air defense shall be formulated by the State Council and the Central Military Commission. The relevant departments for planning and construction of the people's governments at or above the county level shall be responsible for the work of civil air defense within the limits of their respective functions and duties.

Article 8 All organizations and individuals shall have the right of being protected by civil air defense and must perform their duties in civil air defense according to law.

Article 9 The State protects civil air defense facilities from damage. All organizations and individuals are prohibited to destroy or seize civil air defense facilities.

Article 10 People's governments and military organs at or above the county level shall give awards to organizations and individuals that have achieved outstanding successes in work of civil air defense.

Chapter II Priority of Protection

Article 11 Cities enjoy priority in civil air defense. The State applies a system whereby different categories of cities are provided with different grades of protection. Provisions for differentiating the cities for different grades of protection shall be formulated and the standards for such protection established by the State Council and the Central Military Commission.

Article 12 People's governments of cities shall devise air defense programmes and draw up plans for their enforcement and may organize exercise when necessary.

Article 13 People's governments of cities shall work out plans for construction of civil air defense works and incorporate them into their overall urban plans.

Article 14 In constructing trunk lines of underground traffic and other underground projects in a city, consideration shall be given to the needs of civil air defense.

Article 15 All projects for storing grains, medicines, oils and other necessary goods and materials for wartime use shall be built underground or in other concealed places.

Article 16 Relevant departments must take effective measures of protection towards important economic targets and work out plans dealing with emergencies and doing rush repairs. "Important economic targets" mentioned in the preceding paragraph include important industrial and mining enterprises, scientific research bases, hubs of communications, signal centers, bridges, reservoirs, warehouses and power stations.

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