Adopted at the 202nd 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, and effective as of January 1, 1997
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.
Article 17 The competent departments for civil air defense
shall, in accordance with relevant regulations, conduct supervision
over and inspection of the civil air defense construction projects
of cities and economic targets. The units under inspection shall
provide them with truthful reports and the necessary information
and materials.
Chapter III Civil Air Defense Works
Article 18 Civil air defense works include underground
protective structures that are constructed particularly for
sheltering people and goods and materials, civil air defense
command and medical aid in time of war, and basements that are
constructed in combination with the surface buildings and that can
be used for air defense in time of war.
Article 19 The State provides guidance to construction of
different categories of civil air defense works in accordance with
the different requirements of protection.
The State formulates plans for construction of civil air defense
works in accordance with the need of national defense and in light
of the level of urban construction and economic development.
Article 20 Under the prerequisite of ensuring their functions in
time of war, civil air defense works shall be constructed in such a
way as to benefit economic development, production and life of the
people and the development and use of such works in time of
peace.
Article 21 The competent departments for civil air defense shall
be responsible for organizing construction of such works as civil
air defense commands, shelters for public use and main passages for
evacuation. Other relevant departments shall be responsible for
organizing construction of special works for medical aid and for
storage of goods and materials.
The relevant units shall be responsible for constructing works
for sheltering their own employees, goods and materials.
Article 22 Basements that can be used for air defense in time of
war shall, in accordance with the relevant regulations of the
State, be constructed in new buildings of cities for civil use.
Article 23 The design, construction and quality of civil air
defense works must conform to the protection and quality standards
established by the State.
The final design and manufacture of special equipment for civil
air defense works must conform to the standards established by the
State .
Article 24 The relevant departments of the people's governments
at or above the county level shall, in accordance with law,
guarantee the land needed for construction of civil air defense
works, and provide the necessary conditions for constructing civil
air defense works that connect such infrastructures as roads, power
supply, heat supply, water supply and drainage and communications
systems in urban areas.
Article 25 The competent departments for civil air defense shall
oversee and inspect the maintenance and management of civil air
defense works.
The competent departments for civil air defense shall be
responsible for the maintenance and management of civil air defense
works for public use.
The relevant units shall in accordance with State regulations,
maintain and manage civil air defense works already built or put to
use, and keep them in good repair.
Article 26 The State encourages peacetime use of civil air
defense works for economic development and the daily lives of the
people. However, such use may not impair their functions as air
defense works.
Article 27 No organizations or individuals may conduct any
operation that may impair the use of civil air defense works or
weaken their protective capacities, discharge waste water or gas or
dump waste material into any civil air defense works, or produce or
store any explosives, hypertoxics, inflammables, radioactive
substances or corrosives therein.
Article 28 No organizations or individuals may without approval
dismantle any civil air defense works as specified in Article 21 of
this Law. Where it is truly necessary to dismantle such works, the
matter must be reported to the competent department for civil air
defense for approval, and the unit that dismantles the works shall
be responsible for reconstruction or compensation.
Chapter IV Communications and Warning
Article 29 The State ensures unimpeded civil air defense
communications and warning in order that air defense warning
signals are promptly and accurately transmitted and sent out and
civil air defense is effectively organized and directed.
Article 30 The competent national department for civil air
defense shall be responsible for working out national plans of
construction projects for civil air defense communications and
warning and organizing the establishment and management of the
national network of civil air defense communications and
warning.
The competent departments for civil air defense of the local
people's governments at or above the county level shall be
responsible for working out plans of construction projects for
civil air defense communications and warning in their
administrative areas and organizing the establishment and
management of their local networks of civil air defense
communications and warning.
Article 31 Post and telecommunications departments, military
communications departments and competent departments for civil air
defense shall guarantee civil air defense communications by way of
fulfilling their respective tasks prescribed by the State and
carrying out the plans of construction projects for civil air
defense communications and warning.
Article 32 Post and telecommunications departments, military
communications departments and radio administration authorities
shall guarantee provision of the circuits and frequency required by
the competent departments for civil air defense in establishing
communications and warning networks, the relevant units and
individuals shall provide convenience for installation of
facilities of civil air defense communications and warning, and may
not obstruct it.
No organizations or individuals may use the same frequency or
the same coustic signals as those specially used by the State for
civil air defense ommunications or air defense warning.
Article 33 In time of war, the communications, broadcasting and
television systems must give first priority to the transmission and
sending out of air defense warning signals.
Article 34 The relevant military departments shall communicate
air intelligence to the competent departments for civil air defense
and assist the latter in training special personnel in this
field.
Article 35 All facilities for civil air defense communications
and warning must be kept in good repair.
Civil air defense warning facilities shall be maintained and
controlled by the units in which they are installed and may not be
dismantled without approval.
When necessary, the local people's governments at or above the
county level may organize trial air defense warning and shall make
it known to the public five days before the trial.
Article 36 In time of peace, all facilities for civil air
defense communications and warning shall be used in cases of
emergency and disaster.
Chapter V Evacuatio
Article 37 Civil air defense evacuation shall be directed in a
unified manner by the people's governments at or above the county
level.
Civil air defense evacuation must be carried out in accordance
with the order issued by the State. No organization may go into
action without such order.
Article 38 People's governments at or above the county level
shall organize relevant departments to formulate plans for urban
civil air defense evacuation according to need.
Evacuation zones shall be predetermined by the people's
government of the administrative area where such zones are located,
if the zones extend to cover two or more administrative areas, they
shall be predetermined by the people's government at the next
higher level.
Article 39 People's governments at or above the county level
shall organize relevant departments and units to make ample
preparations for arrangement of the urban population to be
evacuated and for storage, transport and supply of goods and
materials.
Article 40 Where it is necessary to evacuate rural population,
the local people's government shall have them evacuated to nearby
places, which should be adhered to as a principle.
Chapter VI Mass Organizations For Air
Defense
Article 41 Local people's governments at or above the county
level shall, in light of the need of civil air defense, have
relevant departments establish mass organizations for air
defense.
The tasks to be performed by mass organizations for air defense
in time of war include dealing with emergencies, doing rush
repairs, providing medical aid, preventing and extinguishing fire,
engaging in epidemic prevention, disinfection and sterilization,
eliminating contamination, ensuring signal communications, rescuing
people, doing emergency transportation of goods and materials and
maintaining public order, and in time of peace they shall assist
the departments for fighting against floods and earthquakes in
dealing with emergencies and doing disaster relief.
Article 42 The following departments shall be responsible for
organizing mass organizations for air defense:
(1) The departments for urban construction, public utilities and
power supply shall organize teams to deal with emergencies and do
rush repairs;
(2) Public health and medical departments shall organize medical
aid teams;
(3) Public security departments shall organize fire-fighting
teams and public security teams;
(4) The departments for public health, chemical industry and
environmental protection shall organize anti-chemical and
anti-epidemic teams;
(5) The post and telecommunications departments shall organize
communications teams; and
(6) The transportation departments shall organize transportation
teams.
The Red Cross organizations shall provide first aid according to
law.
Article 43 The equipment, apparatus and funds needed by mass
organizations for air defense shall be provided by competent
departments for civil air defense and the units that organize
them.
Article 44 Mass organizations for air defense shall carry out
specialized training in accordance with the training program and
plans formulated by the competent departments for civil air
defense.
Chapter VII Education in Civil Air Defense
Article 45 The State develops civil air defense education to
help citizens enhance their awareness of the importance of national
defense and acquire the basic knowledge and skills of civil air
defense.
Article 46 The competent national department for civil air
defense shall be responsible for organizing and formulating civil
air defense education plans and specifying the contents for such
education.
The competent education departments and the competent
departments for civil air defense at various levels shall arrange
civil air defense education among students at school.
Civil air defense education for the personnel of State organs,
public organizations, enterprises and institutions shall be
arranged by the units to which they belong; and such education for
other persons shall be arranged by urban and rural people's
governments at the grassroots level.
Article 47 The relevant departments for the press, publishing,
broadcasting, film, television and culture shall assist in
developing civil air defense education.
Chapter VIII Legal Liability
Article 48 A party that, in violation of the relevant
regulations of the State, fails to construct, in its
newly-constructed building for civil use in an urban area, a
basement to be used for air defense in time of war shall be given a
disciplinary warning by the competent department for civil air
defense of the people's government at or above the county level and
be ordered to build it within a time limit, and may also be fined
not more than 100,000 yuan.
Article 49 A party that commits any of the following acts shall
be given a disciplinary warning by the competent department for
civil air defense of? the people's government at or above the
county level and be ordered to set it right within a time limit,
and in the case of an individual a fine of not more than 5,000 may
also be imposed on him and in the case of a unit a fine ranging
from 10,000 to 50,000 yuan may also be imposed on it; the party
shall be liable for the losses according to law, if any:
(1) occupying civil air defense works;
(2) failing to construct civil air defense works in conformity
with the protection standards and quality standards established by
the State;
(3) altering, in violation of the relevant regulations of the
State, the major structure of civil air defense works, dismantling
equipment or facilities for such works or endangering the safety or
impairing the functions of the works by any other means;
4) refusing to reconstruct the civil air defense works that were
dismantled;
(5) using the special frequency for civil air defense
communications or the same acoustic signals as those used for air
defense warning or dismantling, without approval, equipment or
facilities for civil air defense communications and warning;
(6) obstructing the installation of facilities of civil air
defense communications and warning and refusing to stop doing so;
or
(7) discharging waste waste or gas or dumping waste material
into civil air defense works.
Article 50 Any one who, in violation of the provisions of this
Law, intentionally damages civil air defense facilities or produces
or stores in civil air defense works such hazards as explosives,
hypertoxics, inflammables or radioactive substances, shall be
punished in accordance with the relevant provisions of the
Regulations on Administrative Penalties for Public Security if the
violation does not constitute a crime; otherwise, he shall be
investigated for criminal responsibility according to law.
Article 51 Any member of the competent departments for civil air
defense who neglects his duty, abuses his power, conducts
malpractices for personal gain, or commits any other violations or
negligence, shall be investigated for criminal responsibility
according to law if the case constitutes a crime; otherwise, he
shall be subjected to administrative sanction according to law.
Chapter IX Supplementary Provisions
Article 52 The standing committees of the people's congresses of
provinces, autonomous regions and municipalities directly under the
Central Government may formulate measures for implementation in
accordance with this Law.
Article 53 This Law shall enter into force as of January 1,
1997.
(China.org.cn)