National Defense Education Law of the People's Republic of China [Effective]

Order of the President of the People's Republic of China

(No. 52)

The National Defense Education Law of the People's Republic of China is adopted at the 21st Session of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on April 28, 2001. It is hereby promulgated and shall come into force as of the promulgation date.

President of the People's Republic of China Jiang Zemin

April 28, 2001

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

(Adopted at the 21st Session of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on April 28, 2001)

Contents

Chapter I General Provisions

Chapter II National Defense Education in Schools

Chapter III National Defense Education in the Society

Chapter IV Guarantee of National Education

Chapter V Legal Liabilities

Chapter VI Supplementary Provisions

Chapter I General Provisions

Article 1 For the purpose of popularizing and strengthening national defense education, developing patriotic spirits, promoting the construction of national defense and socialist spiritual civilization, this Law is formulated in accordance with the National Defense Law and the Education Law.

Article 2 The national defense education is the basis for the construction and consolidation of national defense and it is an important method to enhance the national cohesive force and promote the quality of the whole people.

Article 3 The state shall, by carrying out national defense education, make the whole people enhance their awareness of national defense, grasp basic national defense knowledge, learn necessary military skills, inspire patriotic passion and perform the obligation of national defense on their own initiatives.

Article 4 The national defense education shall, under the policy of seeking the whole people as participants, persisting for a long term and focusing on the practical effects and in accordance with the principle of combining regular education with centralized education, popularization education with emphases education, and theoretical education with behavioral education, be organized and implemented by determining corresponding education contents for different targets.

Article 5 All citizens of the People's Republic of China have the rights and obligations to accept national defense education.

To popularize and intensify the national defense education is the common responsibility of the whole society.

All state organs and the armed forces, political parties and public organizations, enterprises, public institutions as well as the grassroots autonomous organizations shall, according to their respective actual circumstance, organize and carry out national defense education within this region, department or entity.

Article 6 The State Council shall exercise leadership over the national defense work throughout the country. The Central Military Commission shall assist the State Council to carry out national defense education of all citizens.

The people's governments at all levels shall exercise leadership over the national defense work within their respective administrative area. The military organs of the places where troops are stationed shall help and support the local people's governments to carry out national defense education.

Article 7 The national defense education working institution of the state shall plan, organize, direct and coordinate the national defense education work throughout the country.

The institutions responsible for the national defense education work at the county level or above shall organize, direct, coordinate and inspect the national defense education work within their respective administrative area.

Article 8 The departments of education, civil affairs, culture and publicity shall be responsible for the national defense work in compliance with their respective functions.

The competent authorities for the conscription, national defense scientific research and production, mobilization of national economy, people's air defense, national defense communications, protection of military facilities and other work shall be responsible for the national defense education work in accordance with this Law and other laws and regulations.

The labor unions, organizations of the Communist Youth League, women's federations and other relevant mass organizations shall assist the people's government to carry out national defense education.

Article 9 The Chinese People's Liberation Army and the Chinese People's Armed Police Force shall carry out national defense education in accordance with the relevant provisions of the Central Military Commission.

Article 10 The state shall support and encourage social organizations and individuals to carry out activities that are good for national defense education.

Article 11 The state and society shall, in various forms, commend and give awards to the organizations and individuals who have made outstanding contributions in the national defense education work.

Article 12 The state shall establish a National Defense Education Day of the Whole People.

Chapter II National Defense Education in Schools

Article 13 The national defense education in schools is the basis for the national defense education of whole people. It is an important part of the quality education.

The education administrative departments shall list the national defense education into their working plan, shall strengthen the organization, guidance to and supervision over the national defense education of schools and shall regularly evaluate the national defense education work of schools.

Article 14 The elementary schools and junior middle schools shall integrate the contents of national defense education into the relevant course. They shall offer national defense education to students by combining the in-class teaching with extracurricular activities.

The elementary schools and junior middle schools may, where possible, organize the students to carry out juvenile military schools under the theme of national defense education. The education administrative departments, organizations of the Communist Youth League and other pertinent departments shall intensify the guidance and management of the activities of juvenile military schools.

The elementary schools and junior middle schools may, in light of the needs, hire non-school tutors to assist them to carry out various national defense education activities.

Article 15 The higher education institutions, high schools as well as schools equivalent to high schools shall offer national defense education to students by combining the in-class teaching with military training.

The higher education institutions shall set up appropriate national defense education courses. High schools and schools equivalent to high schools shall arrange special national defense education contents in the relevant courses and may carry out various national defense education activities for the students.

The military training of a higher education institution, high school or school equivalent to a high school shall be organized and carried out by the department responsible for the military training of the school (institution) or by the military teachers in accordance with the relevant provisions of the state. The military organ shall assist the school (institution) to organize the military training of students.

Article 16 A school shall integrate the national defense education into the work and teaching plan of the school and shall take effective measures to ensure the quality and effects of the national defense education.

When organizing an activity of military training, a school shall take measures to ensure the safety.

Article 17 All types of education institutions responsible for the training of state functionaries shall integrate the national defense education into the training plan and shall set up appropriate national defense education courses.

The state may, in light of the needs, select local and departmental persons-in-charge to accept training in the relevant military education institutions so as to make them learn and grasp the national defense knowledge which are essential for them to perform the duties of leaders.

Chapter III National Defense Education in the Society

Article 18 The state organs shall, in light of the nature and features of their respective work, provide the functionaries with national defense education in various forms.

The functionaries of the state organs shall have basic national defense knowledge, of whom those engaged in national defense construction cause shall learn and grasp national defense knowledge that are essential for them to perform their duties.

The leaders of all regions and all departments shall, pursuant to the law, organize and lead their respective region and department to perform the duties of national defense education.

Article 19 The enterprises and public institutions shall integrate the national defense education into their respective employees education plan. They shall offer national defense education to their employees by combining it with the political education, professional training, cultural and physical activities.

The enterprises and public institutions undertaking national defense scientific research and production, construction of national defense facilities, national defense communications guarantee and others tasks shall, according to these tasks, formulate corresponding national defense education plans and offer their employees with national defense education with emphases.

The social organizations shall carry out national defense education according to the characteristics of their respective activities.

Article 20 The military area commands, provincial military area commands, (garrison commands, guard commands), sub-military area commands (guard commands) and the departments of people's armed force of the counties, autonomous counties, cities and districts under a city shall, in accordance with the relevant provisions of the state and army, offer national defense education to the militia and reservists by combining it with the political education, organization rectification, military training, performance of service, conscription work as well as activities in important festivals and memorial days.

The national defense education for militia and reservists shall focus on the grassroots cadres as militia, Class I reservists, leaders as militia, and reservists, shall establish and perfect the system, ensure the educated persons, education time and education contents.

Article 21 The urban residents' committees and rural villagers' committees shall integrate the national defense education into the contents of the construction of social spiritual civilization of the communities and countryside. They shall offer national defense education to the urban residents and villagers by combining it with the conscription work, activity of supporting the army and rendering preferential treatments to the families of servicemen, as well as activities of important festivals and memorial days.

An urban residents' committee or rural villagers' committee may hire ex-servicemen to help it to carry out national defense education.

Article 22 The departments and entities of culture, news, publication, radio, film, television, etc. shall, in light of the situation and tasks, take various forms to carry out national defense education.

The radio broadcasting stations, TV stations, newspapers and periodicals of the Central Government, provinces, autonomous regions, municipalities directly under the Central Government, and districted cities shall establish national defense education programs or columns to popularize the national defense education.

Article 23 The cemeteries of martyrs, revolutionary sites, museums, memorials, science and technology museums, culture centers, Youth and Children's Palaces and other places that have the functions of national defense education shall facilitate the citizens to receive national defense education. They shall offer preferential treatments or shall be open gratuitously to the organized national defense education activities. A national defense education base named in accordance with Article 28 of this Law shall be opened gratuitously to the organized primary school students, and shall be opened gratuitously to the general public on the National Defense Education Day of the Whole People.

Chapter IV Guarantee of National Defense Education

Article 24 The people's governments at all levels shall integrate the national defense education into the national economy and social development plan and shall, in light of the demands of national defense education, ensure the essential national defense education fund from the public finance budget.

Article 25 The fund that is essential for a state organ, public institution, mass organization to carry out national defense education shall be paid from its budgetary fund. The fund that is essential for an enterprise to carry out national defense education shall be paid from its staff education fund.

The fund that is essential for a school to organize military training of students shall be governed by the relevant provisions of the state.

Article 26 The state encourages social organizations and individuals to donate properties to support the national defense education.

The properties donated by social organizations and individuals to support the national defense education shall be managed by a lawfully established national defense education fund organization or any other commonweal organization according to law.

The state encourages the social organizations and individuals to provide or donate their collection of physical objects of national defense education significance in the national defense education. A user entity shall properly keep the physical objects offered for use and shall timely return them after the use.

Article 27 The national defense education funds, and properties donated by social organizations and individuals to support the national defense education shall be used for the national defense education cause. No entity or individual may misappropriate or skimp them.

Article 28 If any of the places as mentioned in Article 23 of this Law satisfies the following conditions, it may be named as a National Defense Education Base upon approval of the people's government of the province, autonomous region or municipality directly under the Central Government:

(1)Having definite theme and contents of national defense education;

(2)Having perfect management institution and bylaws;

(3)Having corresponding national defense education facilities;

(4)Having necessary fund; and

(5)Having obvious social education effects.

A national defense education base shall strengthen the construction and shall incessantly improve and give full play to the functions of the national defense education. If an existing national defense education base cannot meet the conditions as mentioned in the preceding paragraph, its name shall be revoked by the original approval organ.

Article 29 The people's governments at all levels shall intensify the plan, construction and management of national defense education bases and offer necessary conditions to ensure that they play their roles.

The people's governments at all levels shall strengthen the collection, arrangement and protection of the cultural relics of national defense education significance.

Article 30 The national defense education of the whole people shall use a uniform outline of national defense education, which shall be worked out by the national defense education working institution of the state.

The national defense education textbooks to be applied to different areas and different types of education objects shall be compiled by the relevant departments or local governments according to the outline of national defense education by taking into consideration the characteristics of their respective department or area.

Article 31 The national defense education working institutions at all levels shall organize and coordinate with the relevant departments to fulfill the tasks of selection, training and management of teachers of national defense education and shall strengthen the faculty construction for national defense education.

The teachers of national defense education shall be selected from those who love the national defense education cause, have basic national defense knowledge and necessary military skills.

Article 32 The Chinese People's Liberation Army and Chinese People's Armed Police Force shall, in light of the needs and possibilities, select and assign military teachers and provide necessary military training places, facilities and other convenient conditions for the organized national defense education activities to the local place where the troops are stationed.

On the National Day, People's Liberation Army Day and National Defense Education Day of the Whole People, the military camps may, upon approval, be opened to the general public. The measures for the opening of military camps shall be formulated by the Central Military Commission.

Chapter V Legal Liabilities

Article 33 Where any state organ, mass organization, enterprise, public institution or any other social organization violates this Law due to failing to carry out national defense education activities, the relevant department of the people's government or its superior organ shall criticize it and order it to make corrections within a time limit. If it refuses to make corrections and results in any vile consequences, the directly liable person-in-charge shall be given an administrative sanction.

Article 34 Where anyone violates this Law due to misappropriating or skimping the fund of national defense education, the competent authority may order it (him) to make a reimbursement within a time limit. The directly liable person-in-charge and other directly liable persons shall be given an administrative sanction. If any crime is constituted, they shall be subject to criminal liabilities.

Article 35 Where anyone encroaches on or destroys the facilities, or causes damage to the exhibition items of a national defense education base, the relevant competent authority shall criticize him and order him to make corrections within a time limit. The relevant liable persons shall bear the corresponding civil liabilities according to law.

Where anyone commits an act as mentioned in the preceding paragraph which violates the public security administration provisions, the public security organ shall give him a public security administration punishment. If any crime is constituted, he shall be subject to criminal liabilities.

Article 36 Where anyone disrupts the order of national defense education work and activities by picking a quarrel and making trouble, or illegally swindles money and property by usurping the name of national defense education, he shall be criticized and shall be ordered to stop the violation by the relevant administrative department. Anyone who violates the public security administration provisions shall be given a public security administration punishment by the public security organ in accordance with the law. Where any crime is constituted, he shall be subject to criminal liabilities.

Article 37 Where any state functionary who is responsible for the national defense education neglects his duties, abuses his powers, seeks private benefits, he shall be given an administrative sanction. If any crime is constituted, he shall be subject to criminal liabilities.

Chapter VI Supplementary Provisions

Article 38 This Law shall come into force as of the promulgation date.