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

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

Order of the President of the People's Republic of China
(No. 50)

The Law of the People's Republic of China on National Defense Transportation, as adopted at the 22nd Session of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on September 3, 2016, is hereby issued and shall come into force on January 1, 2017.

President of the People's Republic of China: Xi Jinping
September 3, 2016

Law of the People's Republic of China on National Defense Transportation
(Adopted at the 22nd Session of the Standing Committee of the Twelfth National People's Congress on September 3, 2016)

Table of Contents
Chapter I General Provisions
Chapter II Plan for National Defense Transportation
Chapter III Transportation Engineering Facilities
Chapter IV Civil Vehicles
Chapter V National Defense Transportation
Chapter VI National Defense Transportation Guarantee
Chapter VII Material Reserves for National Defense Transportation
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is developed for purposes of strengthening the construction of national defense transportation, promoting the development of military and civilian integration in the transportation field, and guaranteeing smooth progress of national defense activities.

Article 2 This Law shall apply to the planning, construction, management and use of resources in such transportation fields as railways, roads, waterways, aviation, pipelines, and posts for the purpose of satisfying national defense requirements.

Article 3 The state shall adhere to the development strategy of military and civilian integration, promote the optimized allocation and rational sharing of military and local resources, enhance the capabilities of national defense transportation in peacetime, emergencies and wartime, and promote the coordinated development of economic construction and national defense construction.
The national defense transportation work shall be conducted under the principles of uniform leadership, level-by-level responsibility, overall planning and combination of peacetime footing with wartime footing.

Article 4 The national defense transportation administration of the state shall make planning on, organize, direct and coordinate the national defense transportation work across the country. The setup and responsibilities of the national defense transportation administration of the state shall be prescribed by the State Council and the Central Military Commission.
The national defense transportation administrations of the local people's governments at or above the county level shall be responsible for the national defense transportation work of their respective administrative regions.
Relevant departments of people's governments at or above the county level and relevant military authorities shall be responsible for the relevant national defense transportation work according to the division of functions.
Relevant departments of people's governments at or above the provincial level and relevant departments of the army shall establish the consultation mechanism for the development of military and civilian integration in national defense transportation, exchange the information on transportation construction, and national defense demand, among others, and conduct research to resolve major issues in national defense transportation.

Article 5 Citizens and organizations shall perform the national defense transportation obligation in accordance with the law.
The state encourages citizens and organizations to participate in national defense transportation construction in accordance with the law, and shall offer policy and fund support in accordance with relevant provisions.

Article 6 National defense transportation expenses shall be included in government budgets according to the principle of division of powers of office.
Rational expenditures of enterprises and public institutions for conducting the routine work of national defense transportation shall be included in their budgets and cost.

Article 7 People's governments at or above the county level may, according to national defense requirements, legally expropriate civil vehicles, transportation facilities, transportation materials and other civil transportation resources, and relevant organizations and individuals shall cooperate and perform relevant obligations.
The organization and implementation of and compensation for the expropriation of civil transportation resources shall be governed by relevant laws and administrative regulations.

Article 8 People's governments at all levels shall include national defense transportation education in national defense education of the people, conduct national defense transportation publicity activities in multiple forms, popularize national defense transportation knowledge, and enhance citizens' national defense transportation concepts.
Railways, roads, waterways, aviation, pipelines, posts and other administrations at all levels (hereinafter collectively referred to as “competent transportation departments”) and relevant enterprises and public institutions shall provide national defense transportation education to the personnel of their systems and entities.
Universities and colleges that have the specialties relating to transportation shall include the knowledge on national defense transportation in relevant specialized courses or provide courses relating to national defense transportation separately.

Article 9 All organizations and individuals shall be obliged to keep confidential state secrets and trade secrets to which they have access in the national defense transportation work.

Article 10 The organizations and individuals that have made prominent contributions to the national defense transportation work shall be commended and rewarded in accordance with relevant provisions of the state.

Article 11 The state shall strengthen the information construction of national defense transportation so as to support the enhancement of national defense transportation guarantee capability.

Article 12 Where it is necessary to take national defense mobilization measures such as industry control in the transportation field and provision of transportation guarantee to armed forces in priority during wartime and under particular circumstances in peacetime, such measures shall be taken in accordance with the National Defense Law of the People's Republic of China, the National Defense Mobilization Law of the People's Republic of China and other relevant laws.
Where it is necessary to take temporary control measures against transportation for military exercises and training organized by armed forces, such measures shall be taken in accordance with relevant provisions of the State Council and the Central Military Commission.

Article 13 During wartime and under particular circumstances in peacetime, the state shall, as required, set up the unified command institution for national defense transportation, make overall planning on transportation resources nationwide or in some regions, uniformly organize and command transportation nationwide or in some regions, and the emergency repair, emergency construction and protection of transportation facilities and equipment. Relevant organizations and individuals shall obey unified command.

Chapter II Plan for National Defense Transportation

Article 14 The plan for national defense transportation includes the plan for the construction of national defense transportation engineering facilities, the plan for the construction of professional guarantee teams for national defense transportation, the plan for material reserves for national defense transportation, and the scientific research plan for national defense transportation, among others.
The plan for national defense transportation shall be made according to the following requirements:
(1) Satisfying national defense requirements, being conducive to the rapid switch from peacetime to wartime, and ensuring smooth progress of national defense activities.
(2) Giving equal consideration to the requirements for economic and social development, emphasizing focal points, paying attention to benefits, and promoting resource integration and sharing.
(3) Complying with urban and rural planning and the overall planning for land utilization, and coordinating with the plan for the development of the national comprehensive transportation system.
(4) Being conducive to strengthening the construction of border defense and maritime defense transportation infrastructure, and supporting the development of transportation in border and coastal economically less-developed regions.
(5) Protecting the environment, and saving land, energies and other resources.

Article 15 The people's government at or above the county level shall include national defense transportation construction in the national economic and social development plan.
The State Council and its relevant departments and people's governments of provinces, autonomous regions and municipalities directly under the Central Government that make development strategies and industry polices for the transportation industry and relevant fields, and make plans on the layout of transportation network shall give equal consideration to national defense requirements, and enhance the capability of the national comprehensive transportation system in guaranteeing national defense activities.
Relevant departments of the State Council shall include relevant national defense requirements in the technical standards and specifications for transportation facilities and equipment. Relevant national defense requirements shall be put forward after the national defense transportation administration of the state solicits opinions of relevant departments of the army.

Article 16 The plan for the construction of national defense transportation engineering facilities shall be made by the national defense transportation administration of the people's government at or above the county level together with the competent transport department of the people's government at the same level, and be reported to the people's government at the same level for approval after having passed the examination of the development and reform department of the people's government at the same level.
The plan for the construction of national defense transportation engineering facilities at a lower level shall be made according to the plan for the construction of national defense transportation engineering facilities at the next higher level.
The opinions of relevant military authorities and relevant departments of the people's government at the same level shall be solicited when the plan for the construction of national defense transportation engineering facilities is made. The relevant department of the people's government at or above the county level that makes the plan for the development of the comprehensive transportation system and the plan for the construction of transportation engineering facilities shall solicit the opinions of the national defense transportation administration of the people's government at the same level, and include in the plans relevant content of the construction of national defense transportation engineering facilities.

Article 17 The plan for the construction of professional guarantee teams for national defense transportation shall be made by the national defense transportation administration of the state jointly with relevant departments of the State Council and relevant departments of the army.

Article 18 The plans for material reserves for national defense transportation shall be made by the national defense transportation administrations jointly with relevant departments of the army and local governments.
The reserve plan for the national defense transportation materials reserved by the Central Government shall be made by the national defense transportation administration of the state jointly with the competent transport department of the State Council and relevant departments of the army.
The reserve plan for the national defense transportation materials reserved by a local government shall be made by the national defense transportation adminis......