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Law on the Protection of Military Installations of China (2021)

Thu, 16 Sep 2021
Categories: Insights

Law of the People’s Republic of China on the Protection of Military Installations was promulgated on 23 Feb. 1990, and amended in 2009, 2014, and 2021 respectively. The latest revision entered into force on 1 Aug. 2021.

There are 72 articles in total. The Law aims to protect the safety of military installations, ensure the effective utilization of military installations and the normal conduct of military activities, strengthen the modernization of national defense, and improve national defense and resist aggression.

The key points are as follows:

  1. The designation and adjustment of the scope of the closed military zones and the military administrative zones shall, on the premise of ensuring the security, confidentiality, and effective utilization of military installations, take into account economic construction, protection of the ecological environment, and the production and livelihood of local residents. Where the scope of the closed military zones and the military administrative zones requires designation or adjustment for the construction of military installations, the designation or adjustment shall be completed before the construction of military installations begins.

  2. The designation of security protection areas for operations structures shall not change the ownership of the original land and its attachments. In the security protection areas for operations structures, local residents may carry on their normal life and production, but may not cut into a mountain for quarrying, mining, or blasting. Those engaged in such activities as building buildings, structures and roads, or carrying out capital construction of irrigation and water conservancy and deforestation shall not endanger the safety and effective utilization of the operations structures. Where the designation of security protection areas for operations structures affects the exercise of rights by the immovable property owner or usufructuary, compensation shall be made in accordance with the provisions of relevant laws and regulations.

  3. Military installations management units shall strictly comply with the relevant rules and regulations for the protection of military installations, set up files on military installations, and carry out inspections and maintenance of military installations. Military installations management units shall take security monitoring and technical precautionary measures for the important parts of military installations, and upgrade and improve such measures promptly according to the needs of the protection of military installations and the progress of science and technology.

 

 

Cover Photo by Hennie Stander (https://unsplash.com/@henniestander) on Unsplash

Contributors: CJO Staff Contributors Team

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