Regulation on Militia Work (2011 Revision)

Regulation on Militia Work (2011 Revision) 民兵工作条例(2011修订) Regulation on Militia Work (Issued by Order No. 71 of the State Council and the Central Military Commission of the People's Republic of China on December 24, 1990, and revised in accordance with the Decision of the State Council on Abolishing and Amending Some Administrative Regulations that was issued by Order No. 588 of the State Council of the People's Republic of China on January 8, 2011) Chapter I General Provisions Article 1 This Regulation is developed in accordance with the relevant provisions of the Military Service Law of the People's Republic of China with a view to effectively conducting militia work and strengthening the construction of reserve forces for national defense. Article 2 The militia is an armed organization composed of the people not released from their regular work under the leadership of the Communist Party of China (CPC), is a part of the armed forces of the People's Republic of China and is an assistant and reserve force for the Chinese People's Liberation Army. Article 3 The tasks of militia work are to: (1) establish and consolidate militias, improve the military and political quality of militia members, assign and manage militia weaponry, and reserve backup soldiers needed in wartime; (2) mobilize militia to participate in the socialist modernization drive, and organize militia to perform combat readiness duties and maintain social security; and (3) organize militia members to be enlisted and go to war, support the front, resist invasion and defend the country. Article 4 In militia work, the people's war doctrine shall be implemented, and the combination of productive labor and performance of militia duties, the militia system and reserve service system as well as militia work and mobilization and preparation of troops in wartime shall be adhered to. Article 5 Under the leadership of the State Council and the Central Military Commission, the General Staff Department of the People's Liberation Army shall take charge of the militia work throughout the country. Military commands shall, according to the tasks distributed by the superior, be responsible for militia work within their respective areas. The provincial military commands (including garrison commands, the same below), military sub-commands (including garrison commands, the same below) and the people's armed forces departments of counties (including cities and municipal districts, the same below) are military leadership and command authorities of their respective areas and shall be responsible for the militia work within their respective areas. The people's armed forces departments established by townships, nationality townships, towns, sub-districts, enterprises and public institutions shall be responsible for handling the militia work within their respective areas or their respective organizations, and sub-districts and enterprises and public institutions that have no people's armed forces departments according to the provisions shall designate a department to handle the militia work. Article 6 Any change in the system of people's armed forces departments of townships, nationality townships, towns, sub-districts, enterprises and public institutions shall be governed by the relevant provisions of the state. Article 7 The local people's governments at various levels must strengthen the leadership over the militia work, make overall arrangements for militia work and organize and supervise the completion of tasks of militia work. The relevant departments of the local people's governments at various levels shall assist military authorities in conducting militia work and solving the relevant problems. Enterprises and public institutions shall, according to the requirement of the local people's government and the local military leadership and command authority, include militia work into management plan and complete the tasks of militia work. Article 8 A militia member shall obey the leadership of the organization, submit himself to superior command, master military techniques, care for weaponry, learn political culture, take the lead in participating in productive labor, observe the laws and regulations, and protect the interests of the people. Chapter II Militia Organization Article 9 The scope of establishing militias shall be subject to Article 37 of the Military Service Law of the People's Republic of China. Article 10 A citizen shall, pursuant to Articles 37 and 38 of the Military Service Law of the People's Republic of China, participate in a militia. Article 11 A militia shall be grouped according to the principle of being convenient for leadership, activities and execution of tasks. In rural areas, an administrative village shall be based to establish a militia company or battalion, and in urban areas, an enterprise, public institution or sub-district shall be based to establish a militia platoon, company, battalion or regiment. Primary militia members shall be grouped separately as a squad, platoon, company, battalion or regiment based on the number of militia members. Based on the need for combat readiness and existing weaponry, specialized technical militia units consisting of primary militia members shall be established; and militia antiaircraft gun battalions and regiments shall be established in key cities of the people's air defense, transport hubs and other important defense target areas. A specialized technical militia unit may be grouped in a cross-entity manner. Article 12 Persons who have good political thoughts, are healthy and relatively young, have certain cultural knowledge and military quality, and love militia work may act as militia officials. A militia official shall be selected in priority from demobilized or retired soldiers. Article 13 A militia official shall be nominated by his entity and appointed by the basic-level people's armed forces department or the local military leadership and command authority according to the power of appointment and removal. The office of principal military and political officer of a militia of an enterprise or a public institution at or above the company level shall be concurrently assumed by the person in charge of the entity. The office of commander of a primary militia company or battalion shall be concurrently assumed by a full-time official of the people's armed forces or the person in charge of the entity. Article 14 A militia organization shall be rectified once a year. The content of the rectificati......