Anti-Terrorism Law of the People’s Republic of China (2018 Revision)
(Adopted at the 18th session of the Standing Committee of the 12th National People's Congress of the People's Republic of China on December 27, 2015, 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 formulated in accordance with the Constitution in order to prevent and punish terrorist activities, strengthen anti-terrorism efforts, and safeguard national security, public security, and the safety of people's lives and property.
Article 2 The State opposes all forms of terrorism, bans terrorist organizations according to law, and will investigate the legal liability of any parties that organize, plan, prepare for the implementation of, and implement terrorist activities, promote terrorism, incite the implementation of terrorist activities, organize, lead, and participate in terrorist organizations, and provide assistance for terrorist activities.
The State makes no compromise with any terrorist organizations or personnel, nor provides asylum or refugee status to any terrorist organizations or personnel.
Article 3 For the purpose of the Law, "terrorism" refers to the contention or behavior of creating social panic, endangering public security, infringing upon personal property, or threatening state organs or international organizations through violence, destruction, intimidation and other means, in order to achieve the political, ideological or other purposes of terrorism.
For the purpose of the Law, "terrorist activities" refer to the following behaviors of terrorism nature:
1. organizing, planning, preparing for the implementation of, or implementing activities that cause or aim to cause serious social harm such as casualties, heavy property losses, damages to public facilities and social disorder;
2. promoting terrorism, inciting the implementation of terrorist activities, illegally possessing materials that promote terrorism, or forcing others to wear clothes, accessories or marks in public that promote terrorism;
3. organizing, leading, or participating in a terrorist organization;
4. providing information, funds, goods and materials, labor services, technologies, venues and other support, assistance or convenience for terrorist organizations, terrorists, the implementation of terrorist activities or trainings for terrorist activities; and
5. other terrorist activities.
For the purpose of the Law, "terrorist organizations" refer to criminal organizations composed of more than three persons with a purpose to implement terrorist activities.
For the purpose of the Law, "terrorists" refer to persons who implement terrorist activities and members of terrorist organizations.
For the purpose of the Law, "terrorist incidents" refer to terrorist activities that are being carried out or have been carried out, which cause or may cause significant social harm.
Article 4 The State incorporates anti-terrorism into national security strategies, comprehensively implements policies, treats both the symptoms and root causes of terrorism, enhances capacity building for anti-terrorism, and uses political, economic, legal, cultural, educational, diplomatic, military and other means to carry out anti-terrorism efforts.
The State opposes extremism in any form which incites hatred, discrimination, or advocates violence by distorting religious doctrines or other methods, in order to eliminate ideological basis of terrorism.
Article 5 Anti-terrorism efforts shall adhere to the principles of combining specialized work with working with the masses, putting prevention first, combining punishment and prevention, dominating the enemy by striking first, and keeping the initiative.
Article 6 It is imperative to make anti-terrorism efforts to comply with the law, respect and protect human rights, and safeguard the legitimate rights and interests of citizens and organizations.
In the anti-terrorism efforts, we shall respect the citizens' freedom of religious belief and ethnic customs, and prohibit any discriminatory practices based on geographical, ethnic, religious and other reasons.
Article 7 The State establishes a leading institution for anti-terrorism efforts to provide unified leadership and command for national anti-terrorism efforts.
Local people's governments at or above the level of city with districts shall establish leading institutions for anti-terrorism efforts; the people's governments at the county level may, according to their needs, establish leading institutions for anti-terrorism efforts, which are in charge of the local anti-terrorism efforts under the leadership and command of the leading institutions for anti-terrorism efforts at higher level.
Article 8 Public security organs, state security organs, people's procuratorates, people's courts, judicial administrative organs, and other relevant State organs shall, based on the division of work, implement a job responsibility system, and effectively make anti-terrorism efforts according to the law.
The Chinese People's Liberation Army, the Chinese People's Armed Police Force and militia organizations shall prevent and handle terrorist activities in accordance with the Law, other relevant laws, administrative regulations, military regulations, orders of the State Council and the Central Military Commission, and under the deployment of leading institutions for anti-terrorism efforts.
Relevant departments shall establish a linkage mechanism, and rely on and mobilize the villagers' committees, residents' committees, enterprises, public institutions and social organizations to jointly carry out anti-terrorism efforts.
Article 9 Any entities and individuals have the obligations to assist and cooperate with relevant departments in carrying out anti-terrorism work, and timely report suspected terrorist activities or suspects of terrorist activities found to public security organs or relevant departments.
Article 10 Honors and rewards shall be given according to relevant national provisions to entities and individuals who have made outstanding contributions to the reporting of terrorist activities or the assistance in preventing or stopping terrorist activities, or have made other outstanding contributions in the anti-terrorism work.
Article 11 China has criminal jurisdiction over and is subject to criminal liability in accordance with the law for terrorist crimes committed against the People's Republic of China or citizens or organizations thereof outside the territory of China, or terrorist crimes prescribed in international treaties concluded or acceded to by the People's Republic of China.
Chapter 2 Identification of Terrorist Organizations and Terrorists
Article 12 The national leading institution for anti-terrorism efforts shall identify terrorist organizations and terrorists according to Article 3 hereof, and its office shall make the corresponding announcement.
Article 13 The State Council's public security department, national security department, diplomatic service and provincial leading institutions for anti-terrorism efforts shall file an application with the national leading institution for anti-terrorism efforts if they need to identify terrorist organizations and terrorists.
Article 14 Financial institutions and certain non-financial institutions shall immediately freeze the capital or other assets of terrorist organizations and terrorists that have been announced by the office of the national leadership authorities for anti-terrorism work, and shall promptly report to the State Council's public security department, national security department and anti-money laundering authorities in accordance with the relevant provisions.
Article 15 Where the identified terrorist organizations and terrorists refuse to accept the identification, they may apply for review through the office of the national leading institution for anti-terrorism efforts. The national leading institution for anti-terrorism efforts shall timely conduct review, and make a decision on maintaining or revoking the identification. The review decision shall be final.
Where the national leading institution for anti-terrorism efforts makes a decision on cancelling the identification, the office of the national leading institution for anti-terrorism efforts shall make an announcement; if capital or assets have been frozen, the freeze shall be lifted.
Article 16 According to the Criminal Procedure Law, the intermediate people's courts or above that have jurisdiction may identify terrorist organizations and terrorists in accordance with the law during the trial of criminal cases. If announcement shall be made by the office of the national leading institution for anti-terrorism efforts after entry into force of the judgment, the relevant provisions of this Chapter shall apply.
第三章 安 全 防 范
Chapter 3 Safety Precautions
Article 17 People's governments at all levels and relevant departments shall organize and conduct anti-terrorism publicity and education to raise citizens' anti-terrorism awareness.
Education and human resources administrative departments, schools, and relevant vocational training institutions shall incorporate the knowledge of prevention of terrorist activities and emergency responses into their education, teaching and training.
News, radio, television, culture, religion, internet and other relevant entities shall carry out targeted anti-terrorism publicity and education targeted at the public.
Villagers' committees and residents' committees shall assist the people's governments and relevant departments in strengthening anti-terrorism publicity and education.
Article 18 Telecommunications operators and internet service providers shall provide technical support and assistance such as technical interfaces and decryption for the prevention of and investigation into terrorist activities conducted by public security organs and national security organs according to the law.
Article 19 Telecommunications service operators and internet service providers shall, in accordance with laws and administrative regulations, implement network security and information content supervision systems, as well as safety and technical prevention measures, to prevent the dissemination of information involving terrorism and extremism; if such information is found, its transmission shall be immediately stopped; relevant records shall be saved; relevant information shall be deleted, and reported to the public security organs or relevant departments.
Competent departments of network communications, telecommunications, public security, national security and others shall timely order relevant entities to stop the transmission of information involving terrorism and extremism, delete relevant information, shut down relevant websites, and cease relevant services according to the division of their duties. Relevant entities shall implement the order immediately, keep relevant records and assist with the investigation. Competent departments of telecommunications shall take technical measures to stop the cross-border transmission of information involving terrorism and extremism on the Internet.
Article 20 Railway, road, water or air cargo transport entities and postal offices, couriers, and other logistics operators shall implement safety inspection systems, check customer identities, and conduct safety checks or visual inspection of transported or delivered goods in accordance with the relevant provisions. It is not allowed to transport or deliver any articles, the transport or delivery of which is prohibited, which have material hidden dangers, or for which customers refuse the safety inspection.
Logistics operators prescribed in the preceding paragraph shall implement registration system for customers' identities and the information about the articles involved in the transportation and delivery.
Article 21 Telecommunications, internet, finance, accommodation, long-distance passenger transport, motor vehicle leasing business operators and service providers shall check the identities of customers. No services shall be provided to unidentified customers or those who refuse the identity check.
Article 22 Manufacturers and importing entities shall make electronic tracking marks for guns and other weapons, ammunition, controlled appliance, dangerous chemicals, civil-use explosives and nuclear and radioactive materials in accordance with relevant provisions, and shall add security inspection tracers to civil-use explosives.
Transport entities shall monitor the vehicles in operation that transport dangerous chemicals, civil-use explosives, nuclear and radioactive materials through positioning systems in accordance with relevant provisions.
Relevant entities shall conduct strict supervision and management over substances such as infectious pathogens in accordance with relevant regulations, and take strict precautions against the spread or entry into illegal channels of infectious pathogens and other substances.
For controlled appliance, dangerous chemicals and civil-use explosives, relevant competent departments of the State Council or provincial people's governments may, according to the needs, decide to control their production, import, export, transport, sale, use or discard within a specific area or a specific time, and may prohibit cash transactions or in-kind transactions, or impose other restrictions on trading activities.
Article 23 Where guns and other weapons, ammunition, dangerous chemicals, civil-use explosives, nuclear and radioactive materials, infectious pathogens and other substances are stolen, robbed, lost, or disappear under other circumstances, the involved entities shall immediately take necessary control measures, immediately report to the public security organs, and shall report to the related competent departments at the same time according to relevant provisions. After receiving the report, the public security organs shall promptly conduct investigation. The relevant competent authorities shall cooperate with the public security organs to carry out the work.
No organisation or individual shall manufacture, produce, store, transport, import and export, sell, provide, purchase, use, hold, scrap or destroy items stipulated in the preceding paragraph illegally. If the public security organs have discovered such conduct, relevant items shall be seized; if other competent departments have discovered such conduct, relevant items shall be seized, and the public security organs shall be immediately notified; if other entities or individuals have discovered such conduct, the matter shall be immediately reported to the public security organs.
Article 24 The State Council's anti-money laundering administrative department, and relevant departments and organizations shall carry out the supervision and management over financial institutions' and specific non-financial institutions' performance of their anti-terrorism financing obligations.
The State Council's anti-money laundering administrative department may lawfully conduct investigations, and take temporary freezing measures if they have discovered suspected terrorist financing.
Article 25 Audit, finance, taxation and other departments shall promptly inform the public security organs if they have found any inflow and outflow of funds suspected of terrorism financing in the course of implementing supervision and inspection on relevant entities in accordance with the provisions of the laws and administrative regulations.
Article 26 Customs shall immediately inform the State Council's anti-money laundering administrative department and public security organs that have the jurisdiction, if they have found suspected terrorist financing, while carrying out the supervision and administration over incoming and outgoing travelers who carry cash and bearer negotiable securities.
Article 27 Local people's governments at all levels shall meet the needs of anti-terrorism efforts in the development and organization of implementation of urban and rural plans.
Local people's governments at all levels shall, according to the needs, organize and urge the relevant construction entities to equip and install public security video image information systems and other technical and material prevention equipment and facilities for preventing terrorist attacks at key parts of main roads, transportation hubs, and urban public areas.
Article 28 Public security organs and relevant departments shall promptly stop and lawfully investigate any legal liability for activities of preaching extremism, using extremism to endanger public security, disturbing public order, violating personal property, and obstructing social management.
Public security organs shall order the immediate cessation of extremist activities found thereby, remove relevant persons from the site, register their identity information, confiscate relevant articles and materials, and seal up the venues for illegal activities.
Any entities or individuals shall immediately report to the public security organs if they have found articles, materials or information for promoting extremism.
Article 29 For persons who have been incited, coerced or enticed to participate in terrorist activities or extremist activities, or persons who participate in terrorist activities or extremist activities to a minor degree, which does not constitute a crime, public security organs shall organize relevant departments, villagers' committees, residents' committees, their employers, schools, families and guardians to help and educate them.
Prisons, detention centers and community correction institutions shall strengthen the management, education, correction and other work related to those who are serving sentences for crimes of terrorism or extremism. Prisons and detention centers may imprison or detain criminals of terrorist activities and extremism together with ordinary criminals, or imprison or detain them separately, depending on the needs of education, reform and maintaining the supervisory order.
Article 30 For offenders of terrorist activities and extremism who have been sentenced to imprisonment or more severe punishment, prisons and detention centres shall carry out a social risk assessment before the expiry of the sentence and release of the offenders, according to the nature of the offence, circumstances, level of social harm, performance during the serving of the sentence, and impact on the community where such offenders reside after release. The opinions of the relevant grassroots organisations and the original case handling authorities shall be sought for the social danger assessment. If danger is found upon assessment, the prison or house of detention shall put forward a placement and education proposal to the intermediate people's court at the place where the criminal serves his or her sentence, and shall send a copy of such proposal to the people's procuratorate at the same level.
The intermediate people's court at the place where the criminal serves his sentence shall make a decision before the criminal is released after serving his sentence ordering him to accept the placement and education after the release. A duplicate of such decision shall be sent to the people's procuratorate at the same level. If the persons receiving the order refuse to accept the decision, they may apply for reconsideration to the People's Court at the next higher level.
Resettlement and education shall be organized and implemented by the people's governments at the provincial level. The placement and educational institutions shall conduct an assessment on the persons under such placement and education each year, and shall timely propose the removal of placement and education for persons who have true repentance and will not further harm the society; such proposal shall be reported to the Intermediate People's Court making the decision for approval. The persons under resettlement and education are entitled to apply for the termination of such resettlement and education.
The people's procuratorates shall supervise the decision on resettlement and education and the implementation thereof.
Article 31 Public security organs shall, in concert with relevant departments, identify the entities, venues, events and facilities and so on which are more likely to suffer terrorist attacks and on which terrorist attacks may cause serious personal injury, property damage or social impact as the key targets for prevention of terrorist attacks, and file them with the leading institution for anti-terrorism efforts at the corresponding level.
Article 32 The entities managing key targets shall perform the following duties:
1. formulating plans and measures for preventing, responding to and disposing of terrorist activities, and carrying out regular training and drills;
2. establishing systems for ensuring funding especially for anti-terrorism efforts, and providing and updating prevention and disposal equipment and facilities;
(III) assigning relevant institutions or responsible persons, and clarifying job responsibilities;
(IV) implementing risk assessment and real-time security threat monitoring, and improving internal security management; and
(V) regularly reporting the implementation of preventive measures to the public security organ and the relevant departments.
The managing entities for the key targets shall synchronously design, construct and operate the equipment and facilities for prevention through technology and materials under Article 27 hereof for the key targets according to urban and rural planning, relevant standards and actual needs.
The entities managing key targets shall establish on-duty monitoring, information storage and use, and operation and maintenance systems to ensure the normal operation of the public security video image information systems. Any video image information that is captured shall be stored for not less than 90 days.
For entities, venues, activities and facilities related to public security other than key targets, the competent departments and management entities shall establish and improve security management systems and define security responsibilities in accordance with the laws and administrative regulations.
Article 33 The managing entities for the key targets shall conduct security and background reviews of the key personnel. Adjustment of positions shall be made for personnel unsuitable to certain circumstances, which shall be reported to public security organs.
Article 34 The entities undertaking large-scale activities and the entities managing key targets shall, according to relevant provisions, carry out safety check on persons, articles and vehicles entering the key targets such as the venues for large-scale activities, airports, railway stations, docks, urban rail stations, long-distance passenger stations and ports. Any prohibited and controlled articles found shall be detained and immediately reported to the public security organs; any person suspected of crime shall be immediately reported to the public security organs.
Article 35 Operators of aircrafts, trains, ships, urban rail vehicles, buses, trolley buses and other public transport vehicles shall be staffed by security personnel and equipped with appropriate equipment and facilities in accordance with the relevant provisions to strengthen safety checks and security work.
Article 36 Public security organs and relevant departments shall grasp the basic information and important developments of the key targets, and guide and supervise the entities managing the key targets to fulfill their responsibilities of preventing terrorist attacks.
Public security organs and the Chinese People's Armed Police Force shall follow relevant provisions in guarding, patrolling and inspecting key targets.
Article 37 Competent departments of flight control, civil aviation, public security and so on shall, according to the division of duties, strengthen airspace, aircraft and flight activity management, and strictly prevent terrorist activities against aircrafts or conducted by using flight activities.
Article 38 People's governments at all levels and military organs shall set up obstruction and separation networks, video image capturing equipment and alarms for illegal border crossing in key frontier (border) areas and ports.
Public security organs and the Chinese People's Liberation Army shall organize strict frontier (border) patrols, and check and inspect the personnel, transportation vehicles and articles arriving at or departing from frontier (border) positions, entering or exiting frontier (border) administration areas, frontier (border) passages or ports, as well as the ships in coastal and border areas.
Article 39 The issuing authorities of exit/entry documents and the exit/entry border inspection authorities have the right to reject the entry or exit of terrorists and suspected terrorists, decide not to issue exit/entry documents to them, or declare their exit/entry documents invalid.
Article 40 Customs and immigration inspection authorities shall lawfully detain or withhold suspected terrorists or articles suspected of being involved in terrorist activities, and immediately transfer them to public security organs or national security organs.
Article 41 The competent departments of foreign affairs, public security, national security, development and reform, industry and information technology, commerce, tourism and others under the State Council shall establish security risk assessment systems for overseas investment cooperation and tourism, strengthen the security protection for Chinese citizens abroad and institutions, facilities and property stationed abroad, and prevent and respond to terrorist attacks.
Article 42 Each abroad-stationed institution shall establish and improve the security system and the response and disposal plan, and strengthen the protection on relevant personnel, facilities and properties.
第四章 情 报 信 息
Chapter 4 Intelligence Information
Article 43 The national leading institution for anti-terrorism efforts shall establish a national anti-terrorism intelligence center, implement trans-departmental and trans-regional intelligence information work mechanisms, and carry out overall plans for anti-terrorism intelligence information work.
Relevant departments shall strengthen the collection of anti-terrorism intelligence information, and shall timely and uniformly submit the collected intelligence information such as clues, personnel or activities to the national anti-terrorism intelligence center.
Local leading institutions for anti-terrorism efforts shall establish trans-departmental intelligence information work mechanisms, organize and carry out anti-terrorism intelligence information work, timely report important intelligence information to the leading institutions for anti-terrorism efforts at higher levels, and promptly inform the relevant local authorities of any urgent intelligence information involving other areas.
Article 44 Public security organs, state security organs, and relevant departments shall rely on the masses, strengthen the work at grass roots or basic level, establish forces for grass-roots intelligence information work, and improve the capability for anti-terrorism intelligence information work.
Article 45 Public security organs, national security organs and military organs may, within the scope of their duties, take technical reconnaissance measures based on the needs of anti-terrorism intelligence information work and upon strict approval formalities according to relevant national provisions.
Materials acquired in accordance with the preceding paragraph may only be used for anti-terrorism responding measures, and the investigation, prosecution and trial of terrorist and extremist crimes, and shall not be used for any other purposes.
Article 46 Relevant departments shall timely provide information acquired in the precaution work provided for in Chapter III hereof in accordance with the requirements of the national anti-terrorism intelligence center.
Article 47 Relevant departments such as the national anti-terrorism intelligence center, local leading institutions for anti-terrorism efforts and public security organs shall screen, study and judge, verify and monitor relevant intelligence information; if it is believed that terrorist incidents may occur, and relevant safety precautions and response and disposal measures shall be taken, relevant departments and entities shall be timely informed, and a warning may be given according to the circumstances. Relevant departments and entities shall do a good job in safety protection and response and disposal based on the information.
Article 48 The leading institutions for anti-terrorism efforts, relevant departments, entities and individuals shall maintain confidentiality of the state secrets, commercial secrets and individual privacy learned during the performance of their anti-terrorism responsibilities and obligations.
Those who divulge state secrets, trade secrets or personal privacy in violation of the provisions shall be investigated for legal liability in accordance with the law.
第五章 调 查
Chapter 5 Investigation
Article 49 Public security organs shall promptly conduct investigation if they receive reports on or discover suspected terrorist activities, which need investigation and verification.
Article 50 In the investigation into suspected terrorist activities, public security organs may, in accordance with relevant laws, conduct cross-examination, inspection, or summon the suspects, extract or collect portraits, fingerprints, iris images, and other biometric identification information, as well as blood, urine, exfoliated cells and other biological samples, and keep their signatures.
Public security organs investigating suspected terrorist activities may notify relevant persons who have the related information of coming to the public security organs or other locations for questioning.
Article 51 Public security organs have the right to collect and retrieve relevant information and materials from relevant entities and individuals in the investigation into suspected terrorist activities. Such entities and individuals shall truthfully provide such information.
Article 52 In the investigation into suspected terrorist activities, public security organs may, upon the approval of the persons in charge of the public security organs above the county level, inquire the deposits, remittances, bonds, stocks, fund shares and other assets of the suspects, or take measures such as sealing up, seizing or freezing such assets. The period for sealing up, seizing or freezing shall not exceed two months; under complicated circumstances, the period may be extended by one month upon approval of the persons in charge of the public security organs at the next higher level.
Article 53 In the investigation into suspected terrorist activities, public security organs may, upon the approval of the persons in charge of the public security organs at or above the county level, order suspects to observe one or more of the following restrictive measures based on the degree of danger thereof:
1. they shall not leave the city or county of residence, or the designated domicile without the approval of the public security organs;
(II) must not participate in large-scale mass activities or engage in specific activities;
3. they shall not take public transport or enter specific venues without the approval of the public security organs;
(IV) not meeting or communicate with particular persons;
(V) report their activities to the public security organs on a regular basis; and
(VI) delivering his/her passport and other international travel credentials and driver's license to the public security organ for preservation.
Public security organs may supervise their observance of such restrictive measures by means of electronic monitoring or casual inspection or through other methods.
The period for taking the restrictive measures listed in the preceding two paragraphs shall not exceed three months. If it is unnecessary to continue to take the restrictive measures, they shall be timely lifted.
Article 54 After investigation, if public security organs discover corpus delicti or criminal suspects, a case shall be filed and investigation shall be conducted in accordance with the provisions of the Criminal Procedure Law. If public security organs do not file a case for investigation prior to expiration of the related period specified in this Chapter, relevant measures shall be lifted.
第六章 应 对 处 置
Chapter 6 Shall be placed in
Article 55 The State establishes a sound system for terrorist incident response and disposal plans.
The national leading institution for anti-terrorism efforts shall, in light of the regular patterns, characteristics and potential social harm of terrorist incidents, develop national response and disposal plans by level and category, specifically providing for the organization and command system for responding to and disposing of terrorist incidents, safety precautions, and response and disposal procedures for terrorist incidents, ex-post social order restoration, and other contents.
Relevant departments and local leading institutions for anti-terrorism efforts shall develop corresponding response and disposal plans.
Article 56 To respond to and dispose of terrorist incidents, the leading institutions for anti-terrorism efforts at all levels shall set up a commanding agency with the participation of relevant departments, and the chief commander responsibility system shall be implemented. The persons in charge of the leading institutions for anti-terrorism efforts may serve as the chief commander, or the persons in charge of public security organs or of other member entities of the leading institutions for anti-terrorism efforts may be appointed as the chief commander.
The national leading institution for anti-terrorism efforts takes command of the response to and disposal of terrorist incidents that occur across provinces, autonomous regions, or municipalities directly under the Central Government, or especially serious terrorist incidents; the provincial leading institutions for anti-terrorism efforts take command of the response to and disposal of terrorist incidents that occur across multiple administrative regions or serious terrorist incidents that occur within the provinces, autonomous regions or municipalities directly under the Central Government.
Article 57 After a terrorist incident has occurred, the leading institution for anti-terrorism efforts at the place of occurrence shall immediately launch the terrorist incident response and disposal plan, and determine the chief commander. Relevant departments, the Chinese People's Liberation Army, the Chinese People's Armed Police Force and militia organizations shall cooperate in carrying out on-site response and disposal efforts such as combat, control, rescue and first aid under the unified leadership and command of the leading institution for anti-terrorism efforts and the commander.
Higher level leading institutions for anti-terrorism efforts may give guidance to response and disposal efforts, and transfer relevant anti-terrorism forces for support if necessary.
The entering into state of emergency shall be decided by the Standing Committee of the National People's Congress or the State Council according to the authority and procedures stipulated by the Constitution and other relevant laws.
Article 58 Public security organs shall immediately dispose of terrorist incidents or suspected terrorist incidents upon discovery thereof, and report the same to the leading institutions for anti-terrorism efforts; the Chinese People's Liberation Army and the Chinese People's Armed Police Force shall immediately control ongoing terrorist activities upon discovery thereof, and timely transfer such cases to public security organs.
If no chief commander has been appointed for a leading institution for anti-terrorism efforts, the highest ranking officer of the public security organ disposing of the terrorist incident at the scene shall serve as an on-site commander. If the public security organ has not arrived at the scene, the highest ranking officer of the Chinese People's Liberation Army or the Chinese People's Armed Police Force disposing of the terrorist incident at the scene shall hold the post of on-site commander. On-site response and disposal personnel shall follow the command of the on-site commander regardless of whether they come from the same entity or system.
After a chief commander has been appointed, the on-site commander shall ask for his instructions, and report the relevant work or relevant situation to him.
Article 59 Where Chinese institutions, personnel or key facilities located outside China have suffered or may suffer terrorist attacks, the State Council's departments in charge of foreign affairs, public security, national security, business, finance, state-owned assets supervision and administration, tourism and transport shall promptly launch plans of responding measures. The foreign affairs department of the State Council shall coordinate with relevant countries to take corresponding measures.
After institutions, personnel or key facilities of the People's Republic of China located abroad have suffered serious terrorist attacks, upon consultation with and consent of relevant countries, the national leading institution for anti-terrorism efforts may organize departments of foreign affairs, public security, and national security to dispatch personnel to go abroad and carry out the response and disposal work.
Article 60 In responding to and disposing of terrorist incidents, priority shall be given to the protection of the personal safety of those directly harmed or endangered by terrorist activities.
Article 61 After a terrorist incident has occurred, the leading institution for anti-terrorism efforts in charge of the response to and disposal of the incident may decide that relevant departments and entities take one or more of the following response and disposal measures:
1. Making arrangements to rescue and cure injured people, dispersing, evacuating and making proper arrangements for endangered people, and taking other salvation measures;
(II) seal off the scene and the surrounding roads, check identity documents of on-site persons, and set up temporary cordons near the places concerned;
3. control the airspace or sea (water) area within a specific region, and inspect transport vehicles within a specific region;
(IV) implement control measures over the Internet, radio and communications within a specific region;
(V) implement immigration control within a specific region or against specific persons;
(VI) prohibiting or restricting the use of relevant equipment or facilities, closing down or restricting the use of relevant venues, suspending people-intensive activities or production or operation activities that may cause the expansion of damage;
(VII) making emergency repairs on damaged public facilities such as transportation, telecommunications, the Internet, radio and television, water supply, drainage, power supply, gas supply or heat supply;
(VIII) organizing volunteers to participate in anti-terrorism rescue work, and requiring persons with specific expertise to provide services;
(IX) other necessary response and disposal measures.
Adoption of the response and disposal measures provided in Items 3 to 5 of the preceding paragraph shall be decided or approved by the leading institution for anti-terrorism efforts at or above the provincial level; adoption of the response and disposal measure provided in Item 6 of the preceding paragraph shall be decided by the leading institution for anti-terrorism efforts at or above the level of city with districts. The response and disposal measures shall have explicit time and space ranges for their application, and shall be announced to the public.
Article 62 The people's police, people's armed police and other response and disposal personnel that are equipped with and carry weapons in accordance with the law may use their weapons against the persons who are holding guns, knives or other weapons or using other dangerous methods at the scene, and are committing or are to commit violent acts if warnings proved ineffective; if under emergency or if giving a warning may result in more serious harmful consequences, weapons may be directly used.
Article 63 The information on the occurrence, development and response to and disposal of terrorist incidents shall be uniformly released by the provincial leading institutions for anti-terrorism efforts at the places where the terrorist incidents occur; terrorist incidents that occur across more than one province, autonomous region or municipality directly under the Central Government shall be uniformly released by the designated provincial leading institutions for anti-terrorism efforts.
No entities or individuals may fabricate or spread false information about terrorist incidents, report or spread implementation details of terrorist activities that may cause imitation, or release cruel and inhuman scenes of terrorist incidents; during the response to and disposal of terrorist incidents, unless the leadership authorities for anti-terrorism work in charge of information release have so approved, the news media may not report or spread identity information of on-site response and disposal personnel or hostages, or the implementation situation of response and disposal.
Article 64 After completion of the response to and disposal of terrorist incidents, people's governments at all levels shall organize relevant departments to help the affected entities and individuals to restore their lives and production as soon as possible, so as to stabilize the social order and public sentiment in the affected areas.
Article 65 Local people's governments shall promptly give appropriate assistance to victims of terrorist incidents and their close relatives, and provide basic living necessities for victims and their close relatives who have lost basic living necessities. Competent departments of health, medical security and so forth shall provide psychological, medical and other assistance for victims of terrorist incidents and their close relatives.
Article 66 Public security organs shall promptly file and investigate terrorist incidents, find out the causes for the occurrence, process and results of the incidents, and hold the terrorist organizations and terrorists criminally liable in accordance with the law.
Article 67 The leading institutions for anti-terrorism efforts shall carry out comprehensive analysis, summary of and assessment on the occurrence of terrorist incidents and the response to and disposal of the incidents, propose improvement measures for prevention and response, and report the same to the leading institutions for anti-terrorism efforts at the next higher level.
第七章 国 际 合 作
Chapter 7 International Cooperation
Article 68 The People's Republic of China carries out anti-terrorism cooperation with other countries, regions or international organizations according to international treaties that China has concluded or acceded to, or on the principle of equality and mutual benefit.
Article 69 Relevant departments of the State Council, as authorized by the State Council, carry out anti-terrorism policy dialogues, exchanges of intelligence information, and cooperation in law enforcement and supervision on international funds with foreign governments and relevant international organizations on behalf of the Chinese government.
Provided it is not against Chinese law, upon the approval of the State Council or relevant central departments, local people's governments above the county level located at Chinese borders and their competent departments may carry out exchanges of intelligence information, and cooperation in law enforcement and supervision on international funds against terrorism with neighboring countries or regions.
Article 70 Judicial assistance, extradition and transfer of sentenced offenders in criminal cases involving terrorist activities shall be carried out in accordance with relevant laws and regulations.
Article 71 Upon reaching an agreement with relevant countries, and reporting the same to the State Council for approval, the public security department and the national security department under the State Council may dispatch personnel abroad on anti-terrorism missions.
When the Chinese People's Liberation Army or the Chinese People's Armed Police Force dispatches personnel to leave China on anti-terrorism missions, the approval of the Central Military Commission is required.
Article 72 Materials obtained through international anti-terrorism cooperation may be used as evidence in administrative penalties and criminal proceedings, unless China has promised not to do so.
第八章 保 障 措 施
Chapter 8 Guarantee Measures
Article 73 The State Council and local people's governments above the county level shall, according to the division of powers and responsibilities, respectively include the costs for anti-terrorism efforts into the financial budget for the same level.
The State gives necessary financial support to key anti-terrorism areas, and provides financial guarantee for the response to and disposal of large-scale terrorist incidents.
Article 74 Public security organs, national security organs, relevant departments, the Chinese People's Liberation Army and the Chinese People's Armed Police Force shall establish professional anti-terrorism forces, strengthen professional training, and be equipped with necessary professional anti-terrorism equipment and facilities according to the duties provided by the law.
People's governments at county and township levels shall guide relevant entities, villagers' committees and residents' committees to establish anti-terrorism forces and volunteer teams as needed to assist and cooperate with relevant departments in anti-terrorism efforts.
Article 75 Corresponding benefits shall be given to persons injured or killed as a result of performing anti-terrorism duties or assisting or cooperating with relevant departments in anti-terrorism efforts in accordance with relevant national provisions.
Article 76 Where persons or their close relatives are endangered because of reporting or stopping terrorist activities, serving as witnesses in terrorist criminal cases or engaging in anti-terrorism efforts, upon the application of such persons or their close relatives, the public security organs and relevant departments shall take one or more of the following protective measures:
1. do not disclose real names, addresses, employers and other personal information;
(II) prohibiting particular persons from contacting protected persons;
(III) take special measures to protect the personal and residential security of the aforesaid persons;
(IV) change names of protected persons, and arrange new residences and employers for them; and
(V) Other necessary protective measures.
Public security organs and relevant departments shall, according to the provisions in the preceding paragraph, keep real names and addresses of protected entities confidential, prohibit specific persons from approaching protected entities, take special protective measures for offices and business premises of protected entities, or take other necessary protective measures.
Article 77 The State encourages and supports scientific research and technological innovation in anti-terrorism, and the development, promotion and use of advanced anti-terrorism technologies and equipment.
Article 78 Public security organs, national security organs, the Chinese People's Liberation Army and the Chinese People's Armed Police Force may, in accordance with relevant national provisions, expropriate the property of entities and individuals in case of urgent needs in the performance of anti-terrorism duties. Upon completion of the assignment, the property shall be timely returned or restored to its original state, and corresponding fees shall be paid according to the provisions; losses caused thereby shall be compensated.
If the legitimate rights and interests of relevant entities or individuals are damaged because of carrying out anti-terrorism efforts, compensation and indemnity shall be given in accordance with the law. Relevant units and individuals have the right to claim compensation according to law.
第九章 法 律 责 任
Chapter 9 Legal Liability
Article 79 Criminal liability will be investigated for organising, planning, preparing, and implementing terrorist activities, promoting terrorism, inciting the implementation of terrorist activities, illegally possessing stuffs that promote terrorism, forcing others to wear clothes, accessories or marks in public that promote terrorism, organising, leading and participating in terrorist organisations, and providing assistance for terrorist organisations, the personnel of terrorist activities, the implementation of terrorist activities or the training for terrorist activities.
Article 80 Anyone who participates in any of the following activities, if the circumstances are minor and no crime is constituted, shall be detained by the public security organ for not less than 10 days but not more than 15 days, and may be concurrently fined not more than CNY10,000:
1. promoting terrorism or extremism or inciting the implementation of terrorist activities and extremist activities;
2. manufacturing, spreading or illegally possessing articles that advocate terrorism or extremism;
3. forcing others to wear clothes, accessories or marks in public that promote terrorism and extremism; or
(IV) providing information, funds, materials, labor services, technologies, venues and others to support, assist and facilitate the promotion of terrorism and extremism or implementation of terrorist activities and extremist activities.
Article 81 The public security organs shall impose a detention of not less than five days but not more than 15 days, and may concurrently impose a fine of not more than CNY10,000 on those who implement any of the following activities by making use of extremism if the circumstances are minor and no crime is constituted:
1. forcing others to participate in religious activities, or forcing others to provide property or labor services for places of religious activities or clerical persons;
2. ousting persons of other ethnicities and religious faiths from their places of residence through threats, harassment, or otherwise;
3. interfering with others' relationships or living with persons of other ethnicities and religious faiths through intimidation, harassment or otherwise;
(IV) interfering in living customs and lifestyles of others, or in production and operation of others through intimidation, harassment or otherwise;
(V) obstructing the performance of duties by functionaries of state organs in accordance with the law;
(VI) misrepresenting or defaming national policies, laws and administrative regulations, or inciting or instigating the resistance against the administration by the people's government according to the law;
(VII) inciting or coercing the masses to damage or deliberately damage their resident identity cards, household register and other statutory documents of the State and Renminbi;
(VIII) inciting or coercing others to replace the registration of marriage and divorce by religious ceremonies;
(IX) inciting or coercing minors to refuse compulsory education; or
10. other activities undermining the implementation of national legal systems by taking advantage of extremism.
Article 82 Where any persons know that others have committed terrorist crimes or extremist crimes, but harbour and shield them, and the circumstances are minor and no crime is constituted, or, when judicial organs are investigating relevant situations or collecting relevant evidence from them, they refuse to provide such information, the public security organs shall impose detention of not less than ten days but not more than 15 days, and may impose a fine of not more than CNY10,000 in combination.
Article 83 Where financial institutions and certain non-financial institutions have not immediately freeze the capital or other assets of terrorist organizations and terrorists that have been announced by the office of the national leading institution for anti-terrorism efforts, public security organs shall impose a fine of not less than 200,000 yuan but not more than 500,000 yuan against them, and a fine of not more than 100,000 yuan against the directors and senior executives directly in charge and other directly liable persons; if the circumstances are serious, a fine of not less than 500,000 yuan but not more than 500,000 yuan shall be imposed, and a fine of not less than 100,000 yuan but not more than 500,000 yuan against the directors and senior executives directly in charge and other directly liable persons shall be imposed, and a detention of not less than five days but not more than 15 days may be concurrently imposed.
Article 84 Where telecommunications service operators or Internet service providers fall under any of the following circumstances, the authorities in charge shall impose a fine of not less than 200,000 yuan but not more than 500,000 yuan, and impose a fine of not more than 100,000 yuan on the executives directly in charge and other directly liable persons. In serious cases, the authorities in charge shall impose a fine of not less than 500,000 yuan but not more than 500,000 yuan, and impose a fine of not less than 100,000 yuan but not more than 500,000 yuan on the executives directly in charge and other directly liable persons, and the public security authorities may impose a detention of not less than five days but not more than 15 days on the executives directly in charge and other directly liable persons:
1. failing to provide technical support and assistance such as technical interfaces and decryption as required for the prevention of and investigation into terrorist activities by public security organs and national security organs in accordance with the law;
2. failing to stop the transmission of or delete the information involving terrorism or extremism, to keep relevant records, to shut down relevant websites, or to cease relevant services as required by competent departments; or
3. failing to implement network security or information content supervision systems or safety or technical precautions, resulting in the dissemination of information involving terrorism and extremism, and the circumstances are serious.
Article 85 Where any railway, road, water or air cargo transport entities and post offices, couriers, or other logistics operators fall under any of the following circumstances, the competent departments shall impose a fine of not less than CNY100 ,000 but not more than CNY500,000 on them, and a fine of not more than CNY100 ,000 on their personnel directly in charge and other persons directly liable:
1. failing to implement the safety inspection system, to check the customers' identities, or to conduct safety check or visual check on the articles transported or delivered in accordance with the provisions;
2. transporting or delivering the articles, the transport or delivery of which is prohibited, which have material hidden dangers, or for which customers refuse the safety inspection; or
(III) failing to carry out the registration for customers' identities or the information on the articles involved in the transportation or delivery.
Article 86 Where telecommunications, internet, financial services operators and service providers fail to check the identities of customers as required, or provide services to customers whose identities are unknown or who reject the identity check, the authorities in charge shall order a rectification; if they refuse to so correct, a fine ranging from 200,000 to 500,000 yuan shall be imposed, and the executives directly in charge and other directly liable persons shall be imposed of a fine up to 100,000 yuan; if the case is serious, the fine shall be more than 500,000 yuan, and the fine for executives directly in charge and other directly liable persons shall be more than 100,000 yuan but less than 500,000 yuan.
If accommodation, long-distance passenger transport, motor vehicle leasing and other business operators or service providers fall into the circumstances set forth in the preceding paragraph, the authorities in charge may impose a fine ranging from 100,000 to 500,000 yuan, and the executives directly in charge and other directly liable persons shall be imposed of a fine up to 100,000 yuan.
Article 87 In case of any of the following circumstances in violation of the Law, the competent departments shall give a warning and order corrections; if corrections are refused, a fine of not more than CNY100 ,000 shall be imposed, and the persons directly in charge and other persons directly liable shall be fined not more than CNY10,000:
1. failing to make electronic tracking marks for guns and other weapons, ammunition, controlled appliance, dangerous chemicals, civil explosives, nuclear and radioactive materials in accordance with the provisions, or to add security inspection tracers to civil explosives;
2. Failing to monitor the vehicles in operation that transport dangerous chemicals, civil-use explosives, nuclear and radioactive materials through the positioning system in accordance with the provisions;
(III) failing to conduct strict supervision and administration over substances such as infectious pathogens in accordance with the provisions, and the circumstances are serious; or
(IV) violating the control measures or measures for restricting trading decided by relevant competent departments of the State Council or provincial people's governments for controlled appliance, dangerous chemicals and civil explosives.
Article 88 Where any entities managing and operating key targets for prevention of terrorist attacks violate the Law, and fall under any of the following circumstances, the public security organs shall give a warning and order corrections; if corrections are refused, a fine of not more than CNY100 ,000 shall be imposed, and the persons directly in charge and other directly liable persons shall be fined not more than CNY10,000:
1. failing to develop plans or measures for preventing, responding to or disposing of terrorist activities;
2. failing to establish systems for ensuring funds earmarked for anti-terrorism efforts, or failing to be equipped with equipment or facilities for preventing and disposing of terrorist activities;
(III) failing to designate working agencies or responsible persons;
(IV) failing to conduct security and background reviews of persons in key posts, or to adjust the posts of unsuitable persons;
(V) failing to staff public transport vehicles with security personnel or corresponding equipment and facilities as required;
(VI) failing to establish on-duty monitoring, information storage and use, operation and maintenance and other management systems for the public security video image information system.
Where the entities undertaking large-scale activities and the managing entities for the key targets fail to carry out safety check according to relevant provisions on persons, articles and vehicles entering the key targets such as the venues for large-scale activities, airports, railway stations, docks, urban rail stations, long-distance passenger stations and ports, the public security organs shall order them to make corrections; if corrections are refused, the entities shall be fined not more than CNY100 ,000, and the persons-in-charge bearing direct responsibility and other persons subject to direct liability shall be fined not more than CNY10,000.
Article 89 Where suspected terrorists violate the restrictive measures ordered by public security organs, the public security organs will give a warning and order them to make corrections; if corrections are refused, a detention of not less than five days but not more than 15 days will be imposed.
Article 90 Where news media entities fabricate or spread false information about terrorist events, report or spread details that may cause imitation of terrorist activities, release cruel and inhuman scene of the terrorist events, or report or spread identity information of the personnel or hostages, or the situation of the implementation of responding measures at the scene without approval, the public security organs shall impose a fine of no more than CNY200,000 on them, a detention of no less than five days but no more than 15 days on the persons directly in charge and other directly liable persons, and may impose a fine of no more than CNY50,000 in combination.
Individuals who commit the act in the preceding paragraph shall be detained by the public security authorities for a period of more than five days but less than 15 days, and may be subject to a fine of not more than RMB10,000.
Article 91 The competent departments shall impose a fine of not more than CNY2,000 on any persons who refuse to cooperate with relevant departments in anti-terrorism safety precautions, intelligence information, investigation and response and disposal; if serious consequences are caused, a detention of not less than five days but not more than 15 days shall be imposed, and a fine of not more than CNY10,000 may be imposed concurrently.
Organisations which commit the acts stipulated in the preceding paragraph shall be subject to a fine of not more than RMB50,000 imposed by the authorities in charge; where the consequences are serious, a fine of not more than RMB100,000 shall be imposed; the person-in-charge directly accountable and other directly accountable personnel shall be punished pursuant to the provisions of the preceding paragraph.
Article 92 The public security organs shall impose a detention ranging from five to 15 days on any persons obstructing the relevant departments in anti-terrorism efforts, and may impose a fine up to 50,000 yuan in combination.
Organisations which commit the act stipulated in the preceding paragraph shall be subject to a fine of not more than RMB200,000 imposed by the public security authorities, and the person-in-charge directly accountable and other directly accountable personnel shall be punished pursuant to the provisions of the preceding paragraph.
Whoever obstructs the people's police, the people's liberation army or the people's armed police from performing their duties in accordance with law shall be given a heavier punishment.
Article 93 Where entities violate the provisions of this Law and the circumstances are serious, the authorities in charge shall order them to cease engaging in related business or providing related services, or order them to cease production and operation; if serious consequences are caused, licenses shall be revoked or registration shall be cancelled.
Article 94 Where, in the course of anti-terrorism efforts, the functionaries of leading institutions for anti-terrorism efforts and relevant departments abuse their authority, neglect their duties, play favoritism and contravene regulations, or leak national secrets, commercial secrets or personal privacy in violation of relevant provisions, which have constituted a crime, criminal liability shall be pursued in accordance with the law; if no crime is constituted, relevant punishments shall be imposed.
Where leading institutions for anti-terrorism efforts and relevant departments as well as their functionaries abuse their authority, neglect their duties, play favoritism and contravene regulations or commit other acts in violation of laws or discipline in the course of anti-terrorism efforts, any entities or individuals are entitled to report the same or make an accusation to relevant departments. Relevant departments shall timely handle the case and give a reply to such reporters or accusers after they receive the report or accusation.
Article 95 Relevant measures shall be promptly lifted and relevant items or funds shall be returned if it is found that the items or funds sealed up, seized, frozen, detained or captured according to the Law are irrelevant to the terrorism.
Article 96 Relevant entities or individuals who are dissatisfied with decisions made in accordance with the Law to impose administrative penalties or administrative compulsory measures may apply for administrative reconsideration, or bring an administrative lawsuit according to the law.
第十章 附 则
Chapter 10 Supplementary Provisions
Article 97 This Law shall come into force as of January 1, 2016. The Decision of the Standing Committee of the National People's Congress on Issues concerning Strengthening Anti-terrorism Efforts adopted at the 23rd session of the Standing Committee of the 11th National People's Congress on October 29, 2011 shall be repealed simultaneously.