Military Facilities Protection Law of the People's Republic of China (2021 Revision)

Chapter 1 General Provisions Article 1 In order to protect the safety of military facilities, ensure the efficiency of use of military facilities and the normal conduct of military activities, strengthen national defense modernization, consolidate national defense, and resist aggression, this Article is formulated in accordance with the Constitution Law. Article 2 The term "military facilities" as used in this Law refers to the following buildings, sites and equipment directly used by the state for military purposes:

(1) Command organs, above-ground and underground command projects, and combat projects;

(2) Military airports, ports, and docks;

(3) Camps, training grounds, and testing grounds;

(4) Military caves and warehouses;

(5) Military information infrastructure, military reconnaissance, navigation, and observation stations, military surveying, navigation, and navigation aid signs;

(6) Military highways and railway special lines, Military power transmission lines, military oil, water, and gas pipelines;

(7) Border and coastal defense control facilities;

(8) Other military regulations specified by the State Council and the Central Military Commission facility.

The military facilities specified in the preceding paragraph include temporary facilities necessary for the military to perform tasks. Article 3: The protection of military facilities shall adhere to the leadership of the Communist Party of China. People's governments at all levels and military agencies should jointly protect military facilities and safeguard national defense interests.

The State Council and the Central Military Commission manage the protection of military facilities across the country in accordance with the division of responsibilities. Local people's governments at all levels, in conjunction with relevant military agencies, manage the protection of military facilities within their respective administrative regions.

Relevant military agencies shall, in accordance with the prescribed authority and procedures, put forward military facility protection needs that need to be implemented by local people's governments. The local people's governments shall work with relevant military agencies to formulate specific protection measures and implement them.

Where there are military facilities, relevant military agencies and local people's governments at or above the county level should establish a coordination mechanism for the protection of military and local military facilities, cooperate with each other, supervise and inspect the protection of military facilities, and coordinate to solve the problems of military facilities. Conservation issues. Article 4: Organizations and citizens of the People's Republic of China have the obligation to protect military facilities.

It is prohibited for any organization or individual to damage or harm military facilities.

Any organization or individual has the right to report and accuse any behavior that damages or endangers military facilities. Article 5: The state shall coordinate economic construction, social development and the protection of military facilities, and promote the coordination of economic and social development and the protection of military facilities. Article 6: The state implements the policy of classified protection and ensuring key points for military facilities. The classification and protection standards of military facilities shall be prescribed by the State Council and the Central Military Commission. Article 7: The state shall adopt corresponding support policies and measures for places that have been greatly affected by the establishment of military facilities and economic construction. Specific measures shall be stipulated by the State Council and the Central Military Commission. Article 8: Organizations and individuals that have made outstanding contributions to the protection of military facilities shall be commended and rewarded in accordance with relevant laws and regulations. Chapter 2 Delimitation of Military Restricted Areas and Military Management Areas Article 9 Military restricted areas and military management areas shall be demarcated according to the nature, role, security and confidentiality needs of military facilities and the requirements for use efficiency. The specific demarcation standards and determination procedures shall be determined by Regulations of the State Council and the Central Military Commission.

The term "military restricted areas" as used in this law refers to areas with important military facilities or military facilities with high security and confidentiality requirements and major risk factors that require the state to take special measures for key protection, and are demarcated in accordance with legal procedures and standards. military area.

The term "military management area" as used in this Law refers to areas with relatively important military facilities or military facilities with high security and confidentiality requirements and relatively high risk factors that require the state to take special measures to protect them, in accordance with legal procedures and Standardly demarcated military areas. Article 10 Military restricted areas and military management areas shall be determined by the State Council and the Central Military Commission, or by relevant military agencies in accordance with the provisions of the State Council and the Central Military Commission.

The cancellation or change of military restricted areas and military management areas shall be handled in accordance with the provisions of the preceding paragraph.

Article 11 The scope of military restricted areas and military administrative areas on land and water shall be jointly delimited by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government and relevant military agencies above the military level, or by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government and the State Council. Relevant departments and relevant military agencies above the military level shall make unified regulations. The scope of air military restricted areas and particularly important land and water military restricted areas shall be delineated by the State Council and the Central Military Commission.

The scope adjustment of military restricted areas and military management areas shall be handled in accordance with the provisions of the preceding paragraph. Article 12 Military restricted areas and military management areas shall be equipped with signboards by local people's governments at or above the county level in accordance with the styles uniformly prescribed by the state. Article 13: The demarcation or adjustment of the scope of military restricted areas and military management areas shall be based on the premise of ensuring the safety, confidentiality and efficiency of military facilities, taking into account economic construction, ecological environment protection, and the production and life of local residents.

If it is necessary to delineate or adjust the scope of military restricted areas and military management areas due to the construction of military facilities, this must be completed before the construction of the military facility construction project begins. However, this is excepted if approved by military agencies above the theater level. Article 14 If the demarcation or adjustment of the scope of military restricted areas or military management areas requires the expropriation or expropriation of land, houses and other real estate, the overturning of mineral resources, or the use of sea areas, airspace, etc., it shall be handled in accordance with the provisions of relevant laws and regulations.