Law of the People's Republic of China on National Defense Education (Order of the President No.52)

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

No. 52

 

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

  

  Jiang Zemin                                              

  President of the People's Republic of China

  April 28, 2001

  

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

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

 

Contents

  Chapter I General Provisions

  Chapter II National Defense Education in Schools

  Chapter III National Defense Education in Society

  Chapter IV Support for National Defense Education

  Chapter V Legal Liability

  Chapter VI Supplementary Provisions

 

Chapter I

General Provisions

  Article 1 This Law is enacted in accordance with the National Defense Law and the Education Law for the purpose of popularizing and strengthening education in national defense, carrying forward the spirit of patriotism, promoting the building of national defense and furthering socialist cultural and ethical progress.

  Article 2 National defense education provides the basis for building and enhancing national defense and serves as an important means for boosting the power rallying the nation and for upgrading the standards of the people as a whole.

  Article 3 The State, through conducting education in national defense, helps citizens to enhance their awareness of the importance of national defense, master the basic knowledge of national defense, learn the necessary military skills, develop patriotic enthusiasm and conscientiously perform their obligations to defend the country.

  Article 4 In national defense education, the guidelines of participation by all the people, long-term perseverance and emphasis on practical results shall be followed, the principle of combining regular education with concentrated education, general education with special education, and education in theories with education in conduct shall be applied, and different contents of education shall be conducted among people who are grouped into different categories.

  Article 5 All the citizens of the People's Republic of China have the right and duty to receive education in national defense.

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

  All State organs and armed forces, all political parties and public groups, all enterprises and institutions and grass-roots self-government organizations of a mass character shall, in light of their specific conditions, organize national defense education in their respective regions, departments and units.

  Article 6 The State Council exercises leadership over the work of national defense education throughout the country. The Central Military Commission cooperates with the State Council in conducting national defense education among the entire people.

  Local people's governments at various levels shall exercise leadership over the work of national defense education within their administrative regions. Military organs stationed in the localities shall assist and support local people's governments in conducting national defense education.

  Article 7 The State organ in charge of the work of national defense education shall plan, organize, direct and coordinate the work nationwide.

  Local organs at or above the county level in charge of the work of national defense education shall organize, direct, coordinate and inspect the work of national defense education within their respective administrative regions.

  Article 8 Departments of education, civil affairs, culture and publicity shall take charge of the work of national defense education within their respective scopes of responsibility.

  The competent departments for the work of conscription, national defense research and production, national economic mobilization, civil air defense, national defense communications and protection of military installations shall take charge of the work of national defense education in accordance with the provisions of this Law and other relevant laws and regulations.

  The Trade Union, the Communist Youth League, the Women's Federation and other public groups concerned shall assist the people's governments in conducting national defense education.

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

  Article 10 The State supports and encourages public organizations and individuals to carry out activities conducive to national defense education.

  Article 11 The State and the society, in various forms, commend and reward organizations and individuals that have made outstanding contributions to the work of national defense education.

  Article 12 The State designates a date as the Nationwide National Defense Education Day.

Chapter II

National Defense Education in Schools

  Article 13 National defense education conducted in schools provides the foundation for national defense education among all the people and constitutes an important part of education to upgrade the standards of the nation.

  The administrative departments for education shall incorporate national defense education into their work plan, improve their organization and direction of and supervision over such education in schools and make regular assessment of the work of the said education.

  Article 14 In primary schools and junior secondary schools national defense education shall be incorporated into related curricula and such education shall be conducted among the students by combining classroom instruction with extracurricular activities.

  Primary schools and junior secondary schools may, where conditions permit, organize juvenile cadet activities with national defense education as the main theme. The administrative departments for education, the Communist Youth League organizations and other departments concerned shall improve their direction and administration of the juvenile cadet activities.

  Primary schools and junior secondary schools may, where necessary, invite after-school activities counsellors to assist the schools in conducting national defense education in different forms.

  Article 15 In institutions of higher education, senior secondary schools and schools equivalent to senior secondary schools, national defense education shall be conducted among the students by combining classroom instruction with military training.

  In institutions of higher education, appropriate courses for national defense education shall be offered and in senior secondary schools and schools equivalent to senior secondary schools, special contents of national defense education shall be added to the related courses, and national defense education activities may be conducted in various forms among the students there.

  Military training of students in institutions of higher education institutions, senior secondary schools and schools equivalent to senior secondary schools shall be organized and conducted in accordance with the relevant regulations of the State by the offices of these institutions and schools that are in charge of military training or by military instructors. Military organs shall assist the said institutions and schools in organizing military training of students.

  Article 16 Institutions of education shall incorporate national defense education into their plans for work and teaching and take effective measures to guarantee the quality and result of national defense education.

  When organizing military training activities, institutions of education shall take measures to ensure safety.

  Article 17 The various institutions of education in charge of training State functionaries shall incorporate national defense education into their training schemes and offer appropriate courses for such education.

  The State, in light of need, selects and sends local leaders and department heads to relevant military academies to receive training in order that they will learn and master national defense knowledge which is essential for the performance of their responsibilities as leaders.

Chapter III

National Defense Education in Society

  Article 18 State organs shall, in light of the nature and characteristics of their respective work, conduct national defense education among their functionaries in various forms.

  Functionaries of the State organs shall possess the basic knowledge of national defense. Those who are engaged in the building of national defense must learn and master national defense knowledge which is essential for the performance of their duties.

  Leading members of the various regions and departments shall, in accordance with law, perform their responsibilities of organizing and directing national defense education in their respective regions and departments.

  Article 19 Enterprises and institutions shall incorporate national defense education into education plans for their workers and staff members and conduct such education among them in combination with political education, professional training and cultural and sports activities.

  Enterprises and institutions that shoulder the tasks of national defense research and production, construction of national defense installations and support of national defense communications shall, on the basis of their tasks, formulate corresponding plans for national defense education and conduct such education among their workers and staff members according to their specific conditions.

  Public groups shall conduct national defense education in light of the characteristics of their respective activities.

  Article 20 Major military commands, provincial military commands (garrison commands at the same level), military sub-commands (garrison commands at the same level), and departments of people's armed forces of counties, autonomous counties, cities and municipal districts shall, in accordance with the relevant regulations of the State and the Army and in combination with political education, organizational rectification, military training, duty performance, conscription work and activities on important festivals and commemoration days, conduct national defense education to the militia and reservists.

  In conducting national defense education among the militia and reservists, emphasis shall be put on primary militiamen, first-class reservists and the militiamen and reservists in leading posts, and the systems for such education shall be established and improved to guarantee the number of persons receiving the education, the fulfillment of the length of time allotted to it, and the contents prescribed for it.

  Article 21 Residents committees in cities and villagers committees in rural areas shall incorporate national defense education into their endeavor to promote socialist cultural and ethical progress in the communities or in the countryside, and conduct such education among the residents and villagers in combination with conscription work, activities to support the army and extend preferential treatment to the families of servicemen and martyrs, and activities on important festivals and commemoration days.

  Residents committees in cities and villagers committees in rural areas may invite ex-servicemen to assist them in conducting national defense education.

  Article 22 Departments and units of culture, the press, publishing, radio, film and television shall conduct national defense education in various forms in line with the needs of the situation and their tasks.

  Radio stations, television stations, newspapers and magazines of the Central Government and of the provinces, autonomous regions, municipalities directly under the Central Government and cities divided into districts shall offer programs or columns for national defense education to disseminate national defense knowledge.

  Article 23 Martyr cemeteries, revolutionary historic sites and other places such as museums, memorial halls, science and technology halls, cultural centers and youth and children's palaces that serve the function of national defense education, shall provide facilities for citizens to receive such education and give preferential treatment or free service to organized activities for national defense education; those places that are named national defense education bases according to the provisions of Article 28 of this Law shall open gratis to organized primary and secondary school students, and shall open gratis to the general public on the Nationwide National Defense Education Day.

Chapter IV

Support for National Defense Education  

  Article 24 People's governments at various levels shall incorporate national defense education into their plans for national economic and social development, and according to the need for conducting such education, include the funds required for the education in their fiscal budgets by way of guarantee.

  Article 25 Funds needed by State organs, institutions and public groups for conducting national defense education shall be drawn from their respective budgetary funds; funds needed by enterprises for the purpose shall be drawn from their respective education funds for their workers and staff members.

  Funds needed by schools for organizing military training among students shall be allocated according to the relevant regulations of the State.

  Article 26 The State encourages public organizations and individuals to donate property in support of national defense education.

  Property donated by public organizations and individuals in support of national defense education shall be managed in accordance with law by the national defense education fund and other public welfare organizations established in accordance with law.

  The State encourages public organizations and individuals to provide or donate their material collections which are of national defense education significance for use in national defense education. Units using the collections provided shall take good care of them and return them after use without delay.

  Article 27 Funds for national defense education and the property donated by public organizations and individuals in support of national defense education must be used for such education; no units or individuals may misappropriate or withhold them.

  Article 28 Places prescribed in Article 23 of this Law that meet the following requirements may be named national defense education bases upon approval by the people's governments of provinces, autonomous regions or municipalities directly under the Central Government:

  (1) having a definite subject matter for national defense education;

  (2) having sound administrative bodies and rules and regulations;

  (3) having facilities needed for national defense education;

  (4) having the necessary funds; and

  (5) bearing notable educative results in society.

  National defense education bases shall be built with redoubled efforts and improved progressively, so that they will fully perform their functions of national defense education. When a place named as such education base no longer meets the requirements prescribed in the preceding paragraph, its name as such shall be removed by the authority that previously gave the approval.

  Article 29 People's governments at all levels shall strengthen the planning, building and administration of national defense education bases and provide necessary support for the performance of their functions.

  People's governments at all levels shall improve their work of collecting, sorting and protecting historical relics which are of national defense education significance.

  Article 30 A uniform teaching program shall be used for national defense education for the people as a whole. Preparation of the program shall be arranged by the State organ in charge of the work of national defense education.

  Teaching materials for national defense education to be used in different regions and among different categories of people receiving the education shall be compiled in accordance with the teaching program for national defense education and in light of the characteristics of the regions or departments, which is to be arranged by the departments or local authorities concerned.

  Article 31 Organs at various levels in charge of the work of national defense education shall organize and coordinate the departments concerned in their work of selecting, training and administering instructors for national defense education, in order to strengthen the building of a contingent of such instructors.

  Instructors for national defense education shall be selected from among persons who are devoted to national defense education and possess the basic knowledge in this field and the necessary military skills.

  Article 32 The Chinese People's Liberation Army and the Chinese People's Armed Police Force shall, where necessary and possible, select and send military instructors to assist organized national defense education activities conducted in the places where they are stationed, and provide the sites and installations necessary for military training and other facilities for national defense education.

  On National Day, the Chinese People's Liberation Army Day, and the Nationwide National Defense Education Day, barracks may, upon approval, open to the public. Measures for the opening of barracks to the public shall be formulated by the Central Military Commission.

Chapter V

Legal Liability

  Article 33 Any State organ, public group, enterprise, institution or other public organization which, in violation of the provisions of this Law, refuses to conduct national defense education activities, shall be given criticism by the department concerned of the people's government or by the authority at a higher level, and be ordered to rectify within a time limit; if it refuses to rectify, thus producing a bad influence, the persons who are directly in charge shall be given administrative sanctions in accordance with law.

  Article 34 Anyone who, in violation of the provisions of this Law, misappropriates or withholds the funds for national defense education shall be ordered by the competent authority to return the misappropriated or withheld funds within a time limit; the persons who are directly in charge and the other persons who are directly responsible shall be given administrative sanctions in accordance with law; if the offence constitutes a crime, criminal responsibility shall be investigated in accordance with law.

  Article 35 Anyone who usurps or undermines installations or damages exhibits of national defense education bases shall be given criticism and be ordered to rectify within a time limit by the competent authority; the persons who are responsible shall bear civil liability in accordance with law.

  Anyone who commits any of the acts listed in the preceding paragraph and breaches the regulations for public security shall be given security administration punishment by the public security organ in accordance with law; if the offence constitutes a crime, criminal responsibility shall be investigated in accordance with law.

  Article 36 Anyone who makes trouble or disrupts the work of national defense education and the order of such education activities, or who commits defraudation under the disguise of national defense education, shall be given criticism and be stopped by the competent authority; anyone who breaches the regulations for public security shall be given security administration punishments by the public security organ in accordance with law; if the offence constitutes a crime, criminal responsibility shall be investigated in accordance with law.

  Article 37 Any State functionary in charge of national defense education who neglects his duty, abuses his power or engages in malpractices for personal gain shall be given administrative sanctions in accordance with law; if the offence constitutes a crime, criminal responsibility shall be investigated in accordance with law.

Chapter VI

Supplementary Provisions

  Article 38 This Law shall go into effect as of the date of promulgation.  

 

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