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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