Defense Education Law of the People’s Republic of China (2018 Amendment)
Adopted at the 21st Session of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on April 28, 2001, and revised according to the Decision on Revising Six Laws including the Frontier Health and Quarantine Law of the People's Republic of China adopted at the Second Session of the Standing Committee of the 13th National People's Congress on April 27, 2018)
第一章 总 则
Chapter 1 General Provisions
Article 1 This Law is enacted in accordance with the Law on National Defense 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 promoting the building of socialist spiritual civilization.
Article 2 The national defense education is the basis for the construction and consolidation of national defense and an important means for enhancing the national cohesion and improving the quality of the whole people.
Article 3 The State, through conducting national defense education, 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 The national defense education shall, under the policy of seeking the whole people as participants, persisting for a long term and focusing on the practical effects and in accordance with the principle of combining regular education with centralized education, popularization education with emphases education, and theoretical education with behavioral education, be organized and implemented by determining corresponding education contents for different targets.
Article 5 All the citizens of the People's Republic of China have the rights and obligations to accept national defense education.
It is the common responsibility of the whole society to popularize and strengthen national defense education.
All State organs and armed forces, all political parties and public organizations, all enterprises and institutions and grass-roots autonomous organizations of a mass character shall, in light of their specific conditions, organize national defense education in their respective areas, departments and units.
Article 6 The State Council shall exercise leadership over the national defense work throughout the country. The Central Military Commission shall assist the State Council in conducting national defense education among the whole people.
Local people's governments at various levels shall exercise leadership over the work of national defense education within their respective administrative areas. Military organs stationed in the localities shall assist and support local people's governments in conducting national defense education.
Article 7 The national defense education working institution of the state shall plan, organize, direct and coordinate the national defense education work throughout the country.
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 areas.
Article 8 The departments of education, ex-serviceman affairs, culture and publicity shall be responsible for the national defense work in compliance with their respective functions.
The competent departments for the work of conscription, national defense research and production, national economic mobilization, civil air defense, national defense communications, protection of military installations, etc. shall take charge of the work of national defense education in accordance with the provisions of this Law and other relevant laws and regulations.
Trade unions, communist youth leagues, women's federations and other relevant public organizations 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 conduct national defense education in accordance with the relevant provisions of the Central Military Commission.
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 society commend and award, in various forms, the organizations and individuals that have made outstanding contributions to the work of national defense education.
Article 12 The state shall establish a National Defense Education Day of the Whole People.
Chapter II National Defense Education in Schools
Article 13 The national defense education in schools is the basis for the national defense education of whole people. It is an important part of the quality education.
The administrative departments for education shall incorporate national defense education into their work plans, 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 curricular and such education shall be conducted among the students by combining classroom instruction with extracurricular activities.
Primary schools and junior secondary schools where conditions permit may organize juvenile cadet activities themed on national defense education. 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.
The elementary schools and junior middle schools may, where necessary, hire non-school tutors to assist the schools to carry out various national defense education activities.
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 higher education institutions, 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 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 A school shall integrate the national defense education into the work and teaching plan of the school and shall take effective measures to ensure the quality and effects of the national defense education.
When organizing an activity of military training, a school shall take measures to ensure the safety.
Article 17 All types of education institutions responsible for the training of state functionaries shall integrate the national defense education into the training plan and shall set up appropriate national defense education courses.
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 duties as leaders.
Chapter III National Defense Education in the 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.
The functionaries of the state organs shall have basic national defense knowledge. Personnel of State organs engaged in the building of national defense must learn and master national defense knowledge which are essential for them to perform 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, 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 The military area commands, provincial military area commands, (garrison commands, guard commands), sub-military area commands (guard commands) and the departments of people's armed force of the counties, autonomous counties, cities and districts under a city shall, in accordance with the relevant provisions of the state and army, offer national defense education to the militia and reservists by combining it with the political education, organization rectification, military training, performance of service, conscription work as well as activities in important festivals and memorial days.
In conducting national defense education among the militia and reservists, emphasis shall be laid on primary militiamen, first-class reservists and the leading militia and reservists, and the systems for such education shall be established and improved to guarantee the numbers of persons receiving the education, the fulfillment of the length of time allotted to it, and the contents of the education.
Article 21 The urban residents' committees and rural villagers' committees shall integrate the national defense education into the contents of the construction of social spiritual civilization of the communities and countryside. They shall offer national defense education to the urban residents and villagers by combining it with the conscription work, activity of supporting the army and rendering preferential treatments to the families of servicemen, as well as activities of important festivals and memorial 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 The departments and entities of culture, news, publication, radio, film, television, etc. shall, in light of the situation and tasks, take various forms to carry out national defense education.
The radio stations, TV stations, newspapers and periodicals of the Central Government, provinces, autonomous regions, municipalities directly under the Central Government, and districted cities shall establish national defense education programs or columns to popularize the national defense knowledge.
Article 23 The cemeteries of martyrs, revolutionary sites, museums, memorials, science and technology museums, culture centers, Youth and Children's Palaces and other places that have the functions of national defense education shall facilitate the citizens to receive national defense education. They shall offer preferential treatments or shall be open gratuitously to the organized national defense education activities. A national defense education base named in accordance with Article 28 of this Law shall be opened gratuitously to the organized primary school students, and shall be opened gratuitously to the general public on the National Defense Education Day of the Whole People.
Chapter 4 Guarantee of 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 needed for the education in their fiscal budgets by way of guarantee.
Article 25 The fund that is essential for a state organ, public institution, mass organization to carry out national defense education shall be paid from its budgetary fund. The fund that is essential for an enterprise to carry out national defense education shall be paid from its staff education fund.
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 social organizations and individuals to donate properties to support the national defense education.
The properties donated by social organizations and individuals to support the national defense education shall be managed by a lawfully established national defense education fund organization or any other commonweal organization according to law.
The state encourages the social organizations and individuals to provide or donate their collection of physical objects of national defense education significance for national defense education. A user entity shall properly keep the physical objects provided by it for use, and shall 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 unit or individual may misappropriate or withhold them.
Article 28 If any of the places as mentioned in Article 23 of this Law satisfies the following conditions, it may be named as a national defense education base upon approval of the people's government of the province, autonomous region or municipality directly under the Central Government:
1. Having definite subject contents for national defense education;
2. Having sound management departments, rules and regulations;
(III) Having corresponding national defense education facilities;
(IV) having necessary funds; and
(V) Having obvious social education effects.
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. If an existing national defense education base cannot meet the conditions as mentioned in the preceding paragraph, its name shall be revoked by the original approval organ.
Article 29 The people's governments at all levels shall intensify the plan, construction and management of national defense education bases and offer necessary conditions to ensure that they play their roles.
People's governments at all levels shall improve their work of collecting, sorting and protecting cultural relics of national defense education significance.
Article 30 A uniform outline shall be used for national defense education for the whole people. The national defense education program shall be formulated under the organization of the State national defense education working institution.
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 The national defense education working institutions at all levels shall organize and coordinate with the relevant departments to fulfill the tasks of selection, training and management of teachers of national defense education and shall strengthen the faculty construction for national defense education.
Teachers of 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 assign military teachers and provide necessary military training places, facilities and other convenient conditions for the organized national defense education activities to the local place where the troops are stationed.
On National Day, the Chinese People's Liberation Army Day and the National Defense Education Day, barracks may, upon approval, open to the public. The measures for the opening of barracks to the public shall be formulated by the Central Military Commission.
Chapter 5 Legal Liabilities
Article 33 Where any state organ, mass organization, enterprise, public institution or any other social organization violates this Law due to failing to carry out national defense education activities, the relevant department of the people's government or its superior organ shall criticize it and order it to make corrections within a time limit. If it refuses to make corrections and results in any vile consequences, the directly liable person-in-charge shall be given an administrative sanction.
Article 34 Where anyone violates this Law due to misappropriating or skimping the fund of national defense education, the competent authority may order it (him) to make a reimbursement within a time limit. The directly liable person-in-charge and other directly liable persons shall be given an administrative sanction. If any crime is constituted, they shall be subject to criminal liabilities.
Article 35 Where anyone encroaches on or destroys the facilities, or causes damage to the exhibition items of a national defense education base, the relevant competent authority shall criticize him and order him to make corrections within a time limit. The relevant liable persons shall bear the corresponding civil liabilities according to law.
Anyone who commits any of the acts listed in the preceding paragraph and violates the regulations for public security shall be given security administration punishment by the public security organ in accordance with law; if a crime is constituted, criminal responsibility shall be investigated in accordance with law.
Article 36 Where anyone disrupts the order of national defense education work and activities by picking a quarrel and making trouble, or illegally swindles money and property by usurping the name of national defense education, he shall be criticized and shall be ordered to stop the violation by the relevant administrative department. Anyone who violates the public security administration provisions shall be given a public security administration punishment by the public security organ in accordance with the law. Where any crime is constituted, he shall be subject to criminal liabilities.
Article 37 Where any state functionary who is responsible for the national defense education neglects his duties, abuses his powers, seeks private benefits, he shall be given an administrative sanction. If any crime is constituted, he shall be subject to criminal liabilities.
第六章 附 则
Chapter 6 Supplementary Provisions
Article 38 This Law shall go into effect as of the date of promulgation.