|
Welcome Guest
|
|
You are using Guest Account
|
|
||||||||||||||||||||||||||||||||||
|
TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II PREPARATION FOR THE NATIONAL DEFENSE MOBILIZATION OF CIVIL TRANSPORT RESOURCES CHAPTER III IMPLEMENTATION OF NATIONAL DEFENSE MOBILIZATION OF CIVIL TRANSPORT RESOURCES CHAPTER IV COMPENSATION AND PENSION CHAPTER V EXPENSE GUARANTEE CHAPTER VI LEGAL LIABILITIES CHAPTER VII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present regulations are formulated according to the National Defense Law of the People's Republic of China and other relevant laws for the purpose of defending state sovereignty, upholding national unity and territorial integrity, maintaining national security, and guaranteeing effective organization and implementation of national defense mobilization of civil transport resources. Article 2. The national defense mobilization of civil transport resources includes mobilization preparation and mobilization implementation. In case of war or under special circumstances in peacetime, the State shall, according to the actual needs of national defense mobilization and according to law, be entitled to organize and expropriate in a unified form civil vehicles and other relevant equipment, facilities and manpower owned or managed by government agencies, social organizations, enterprises, government-sponsored institutions and individual citizens (hereinafter referred to entities and individuals). The State shall make preparation for the national defense mobilization of civil transport resources in peacetime to raise mobilization potential and to guarantee the national defense mobilization need for civil transport resources in case of war or under special circumstances in peacetime. Article 3. Any entity or individual who owns or manages civil transport resources shall perform the obligation of national defense mobilization thereof. Those who suffer from direct property losses or personnel casualties because of performing the obligation of national defense mobilization of civil transport resources shall have the right to receive compensations and pensions according to law. Article 4. The state national defense mobilization body led by the State Council and the Central Military Committee shall be responsible for organizing and leading the national defense mobilization of civil transport resources across the country. The national defense mobilization bodies in military areas shall be responsible for the national defense mobilization of civil transport resources within their own areas. The local national defense mobilization bodies on the county level and above shall be responsible for the national defense mobilization of civil transport resources within their own administrative regions. Article 5. The state national defense communications administration shall be responsible for the specific implementation of the national defense mobilization of civil transport resources across the country. The national defense communications administrations in military areas shall be responsible for the specific implementation of the national defense mobilization of civil transport resources within their respective areas. The local national defense communications administrations on the county level and above shall be responsible for the specific implementation of national defense mobilization of civil transport resources within their own administrative regions. Article 6. National economy mobilization bodies and civil armed forces mobilization bodies on various levels, communications and transportation administrations under the People's Government on the county level and above, and other relevant departments shall be responsible for the relevant national defense mobilization of civil transport resources according to their respective responsibilities. Article 7. The People's Government on the county level and above shall take effective measures to strengthen the preparation work for the national defense mobilization of civil transport resources, place the preparation work thereof into the national economic and social development plan, raise mobilization potential, support, supervise and urge relevant departments to perform their responsibilities according to law, and shall fulfill all the work related to the national defense mobilization of civil transport resources. Article 8. The State encourages entities and individuals to build, purchase and operate civil vehicles and relevant equipment that can be used both in wartime and in peacetime, and shall give support to these entities and individuals according to relevant regulations. Article 9. Entities and individuals that make outstanding contributions in the national defense mobilization of civil transport resources by any of the following ways shall be honored and rewarded according to the relevant regulations of the State or of local administrative regions: (1) providing civil transport resources with great importance or in urgent need , which plays an outstanding role in supporting military activities; (2) making outstanding achievements in organizing and conducting the national defense mobilization of civil transport resources; (3) carrying out firmly the orders of national defense mobilization of civil transport resources, solving problems and difficulties, and fulfilling tasks perfectly; (4) fighting bravely against behaviors that disturb or destroy the national defense mobilization of civil transport resources, for which serious losses are avoided; or (5) having magnificent inventions in the implementation of national defense demand or in the reinforcement and innovation of civil vehicles and relevant equipment, which brings notable military or economic benefits. CHAPTER II PREPARATION FOR THE NATIONAL DEFENSE MOBILIZATION OF CIVIL TRANSPORT RESOURCES Article 10. The state national defense communications administration shall, jointly with the state national economy mobilization body, the communications and transportation administration and other departments under the State Council, and with relevant departments of the army, work out a general plan for the implementation of the national defense demand on newly-built civil vehicles and other relevant equipment, according to the designing and building situation of civil vehicles and other relevant equipment and based on principles of focusing on the key point and paying more attention on the actual effect, and report the plan to the state national defense mobilization body for approval. The state national economy mobilization body shall, according to the approved general plan, work out specific plans for the implementation of the national defense mobilization demand on newly-built civil vehicles and other relevant equipment, and shall organize to carry out such plans. Article 11. The communications and transportation administration, other relevant departments under the State Council, and the People's Government of all competent provinces, autonomic regions, and municipalities directly under the Central Government, shall, within their own sector or administrative region, strengthen management on and supervision over the implementation work of national defense demand on designing and building civil vehicles and other relevant equipment, shall give policy and technique support to entities and individuals that undertake the designing or building tasks, and shall guarantee the effective implementation of the relevant national defense demand. Article 12. The entities and individuals that design or build civil vehicles and other relevant equipment listed in the specific plan for the implementation of national defense demand must strictly conform to designing standards and technical specifications of the implementation of national defense demand in their designing or building work. The entities or individuals that invest to build civil vehicles and other relevant equipment may not baffle the designing or building activities of the designing or building entities or individuals for the implementation of national defense demands. For the expenditure on the implementation of national defense demands while designing or building civil vehicles and other relevant equipment, the central financial department and local financial departments under the People's Government on the county level and above shall give appropriate subsidies. The specific measures shall be formulated by the state national defense communications administration together with the financial administration under the State Council. Article 13. When the civil vehicles and other relevant equipment built for the implementation of national defense demands are completed and need to be checked for hand-over, the organization that set the task and other relevant national defense communications administration shall take part in the check and show their opinions. The civil vehicles and relevant equipment shall not be handed over for use until they are checked and proved to be acceptable, and are registered by the local national defense communications administration. Article 14. Communications and transportation administrations, public safety communications administrations and other relevant departments under the People's Government on the county level and above shall, based on the yearly vehicle statistic, registration and examination work of their own sector and according to registration requirements about the national defense mobilization preparation for civil transport resources, submit annually to the national defense communications administrations at the same level the relevant materials and condition descriptions about the civil transport resources registered last year before each Jan 31. If the submitted materials and descriptions about civil transport resources do not conform to the specified requirements, the national defense communications administrations may ask the relevant departments mentioned in the proceeding paragraph to submit new ones according to specified requirements, which the relevant departments may not refuse. Article 15. National defense communications administrations on various levels shall assort and coordinate the materials and condition descriptions about civil transport resources, keep them well in archival files, and update them in time. The national defense communications administrations on lower levels shall, according to the requirements about the national defense mobilization of civil transport resources, submit condition descriptions about civil transport resources of their own regions to the national defense communications administration at the next higher level; where applicable, they shall inform the relevant departments of the army of the civil transport resources condition of their own regions. The national defense communications administrations and the relevant informed departments of the army have the obligation to keep confidential the materials and condition descriptions about civil transport resources. Article 16. Armies, People's armed police troops and the militia organizations shall, according to their respective tasks, estimate the need for national defense mobilization of civil transport resources, and submit details, such as type, quantity, technical requirements, etc., of the demanded civil vehicles and relevant equipment to the relevant national defense communications administrations according to the specified procedures. Article 17. National defense communications administrations shall work out the preparative plan of national defense mobilization of civil transport resources according to civil transport resources situation and the needs of the entities that use such resources. The preparative plan of national defense mobilization of civil transport resources of the whole country shall be worked out by the state national defense communications administration jointly with other relevant departments under the State Council and the relevant departments of the army, and be reported to the state national defense mobilization body for approval. The preparative plan of national defense mobilization of civil transport resources of the military areas shall be worked out by the national defense communications administrations of the military area, according to the preparative plan of national defense mobilization of civil transport resources of the whole country and jointly with the relevant departments of the military area and with other relevant governmental departments within the military area on the level of province, autonomic region, or municipality directly under the Central Government. This plan shall be reported to the national defense mobilization body of the military area for approval and to the state national defense communications administration for archival purposes. The preparative plan of national defense mobilization of civil transport resources of all provinces, autonomic regions and municipalities directly under the Central Government shall be worked out by the national defense communications administrations under the People's Government thereof, according to the preparative plan of national defense mobilization of civil transport resources of military areas and jointly with relevant departments under the People's Government on the same level and with military organizations on the same level. This plan shall be reported to the national defense mobilization body on the same level for approval and to the national defense communications administration of the military area for record. Article 18. If a separate preparative plan of national defense mobilization of civil transport resources is needed for the Navy, Air Force and No.2 Artillery (hereinafter referred to the armed services) according to their respective special tasks, it shall be worked out, subject to the approval of the state national defense communications administration, by the national defense communications administration of the armed service together with the national defense communications administrations of the relevant military areas and the People's Government of the provinces, autonomic regions, and municipalities directly under the Central Government, and with other relevant departments; the plan shall be subject to the examination and approval of the competent armed service and be reported to the state national defense mobilization body for final approval. Article 19. The preparative plan of national defense mobilization of civil transport resources shall clearly denote the task, procedure, requirement and safeguards of the mobilization, shall be manipulative, and shall meet the demand of military activities. Article 20. The adjustment of the preparative plan of national defense mobilization of civil transport resources shall be conducted according to the original development and approval procedures. Article 21. National defense communications administrations shall, together with the people's armed forces mobilization body and according to the preparative plan of national defense mobilization of civil transport resources, organize and supervise relevant departments to ascertain the civil transport resources to be expropriated, and inform relevant entities and individuals of the type, quantity, technical standards of the civil vehicles, relevant equipment to be expropriated as and requirements for those who are responsible for the operation and guarantee work. The entities and individuals that are notified shall, as required, make good preparation for the organization, technical guarantee and other work of the civil transport resources to be expropriated. Article 22. Where it is necessary to expound and experiment the reinforcement or innovation of any civil vehicle and relevant equipment to be expropriated, the national defense communications administration shall, together with the national economy mobilization body on the same level, develop an implementation plan according to the preparative plan of national defense mobilization of civil transport resources, and organize the implementation thereof. The implementation plans of the important expounding subjects and experiment items shall be reported to the state national defense mobilization body for approval. If any military equipment needs to be reinforced or innovated, the relevant regulations on the military equipment reinforcement and innovation shall be observed and followed. Article 23. The entities that undertake the expounding subject and experiment item of the reinforcement and innovation of the civil vehicles and relevant equipment shall finish corresponding tasks, within the specified time limit and according to the specified requirements, and shall report materials about the demonstration conclusion and experiment result to the national defense communications administration and the national economy mobilization body. The entities and individuals who own or manage the civil vehicles and relevant equipment that will be expropriated but need to be reinforced or innovated shall provide original materials and condition descriptions of the civil vehicles and relevant equipment to the entities that undertake the reinforcement and innovation expounding subject and experiment item, and shall facilitate the implementation of these subjects and items. Article 24. The national economy mobilization body and the national defense communications administration shall, according to the requirements for the reinforcement and innovation tasks, supervise and help other relevant entities to develop and improve the storage system of the techniques, materials and relevant equipment used in the reinforcement and innovation work. Article 25. The people's armed forces mobilization body shall, together with the national defense communications administration and the department of the army that is responsible for the military communications and transportation work, organize the civil transport resources to be expropriated to receive necessary military and profession skill training, according to preparation requirements of the national defense mobilization of civil transport resources and based on the transportation and production task undertaken by the civil transport resources to be expropriated. With respect to the subsidies for loss of working time during training period, the wage, bonus, welfare, board subsidies, travel expenses, etc. of the original entities who take part in the training for civil transport resources to be expropriated, if the trainee are enlisted into militia organizations, relevant regulations of the State on militiaman taking part in military training shall be observed and followed; if they are not enlisted into any military organization, the mentioned regulations shall be referred to in their training. Article 26. The national defense communications administration, together with the communications and transportation administration and other relevant departments under the People's Government on the same level, shall strengthen a dynamic management of the civil transport resources to be expropriated, establish corresponding management systems, and adopt advanced scientific and technical measures to collect and grasp the dynamic information about the civil transport resources to be expropriated. The entities and individuals that own or manage the civil transport resources to be expropriated shall, in good time and according to the relevant provisions, report the changes of these resources to the national defense communications administration. Article 27. Civil transport resources may be expropriated for military training or maneuver, subject to the approval of the entities on the military area level and above. The expropriation of civil transport resources for the military trainings and maneuvers shall be reported to entities on the military area level and above according to procedures specified by the Central Military Committee for approval, and be organized the implementation thereof by the national defense communications administration according to the preparative plan of the national defense mobilization of civil transport resources. The compensation for the expropriation of civil transport resources for military trainings and maneuvers shall be calculated on the basis of lease. The specific measures shall be formulated by the financial administration under the State Council, together with relevant departments under the State Council and of the army. CHAPTER III IMPLEMENTATION OF NATIONAL DEFENSE MOBILIZATION OF CIVIL TRANSPORT RESOURCES Article 28. In case of war, the national defense mobilization of civil transport resources shall be implemented according to the mobilization order issued by the president. Under special circumstances in peacetime, the national defense mobilization of civil transport resources shall be implemented according to the national defense mobilization decision for civil transport resources issued by the State Council and the Central Military Committee. Article 29. The national defense communications administration shall, according to the national defense mobilization tasks for civil transport resources arranged by administrations on the higher level, according to the application of the entities that need to use these resources, and according to the requirement of quick mobilization, start up and implement the preparative plan of national defense mobilization of civil transport resources without delay. If it is necessary to make any adjustment to the preparative plan of national defense mobilization of civil transport resources during the implementation of the plan, the adjustment shall be conducted according to specified procedures and limit of authority. Article 30. The national defense communications administration shall, together with the people's armed force mobilization body and according to the national defense mobilization requirements for civil transport resources arranged by administrations on the higher level, inform the entities and individuals whose civil transport resources are expropriated of the type and quantity of the expropriated civil vehicles and relevant equipment, the person who are responsible for the operation and guarantee work, and the time, venue and means of assembly of the civil transport resources. The entities and individuals whose civil transport resources are expropriated must, as notified, organize the expropriated civil transport resources to reach the said venue within the specified time limit, and must guarantee that the technical and operational condition of the expropriated civil vehicles and relevant equipment, and the skills of the supply personnel meet the requirements for military activities. Article 31. The people's armed forces mobilization body in the assembly venue of the expropriated civil transport resources shall, jointly with the national defense communications administration and other relevant departments, establish an effective and efficient headquarter, register the gathered civil transport resources and organize them into groups, check the preparation condition, arrange for necessary emergency trainings, and guarantee the in-time hand-over to entities that use the resources; if the expropriated civil transport resources fail to assemble in time, the people's armed forces mobilization body may confer with the entities that use these resources to decide the registering time and venue, and inform immediately the entities and individuals whose civil transport resources are expropriated. When the expropriated civil transport resources are handed over to the entities that use them, the hand-over procedure shall be gone through. After the hand-over of expropriated civil transport resources, entities that use the resources shall take responsibility for the safekeeping, logistic guarantee and maintenance of the civil vehicles and relevant equipment, to which the People's Government of the place where the tasks are executed shall give necessary support. Article 32. If the expropriated civil vehicles and relevant equipment need to be reinforced or innovated, the national economy mobilization body shall, together with the national defense communications administration and the entity that use the resources, organize to deal with it according to the reinforcement and innovation plan specified in the preparative plan of national defense mobilization of civil transport resources. Entities and individuals who undertake the reinforcement or innovation task of civil vehicles and relevant equipment shall strictly conform to the national safety technical standards and national defense requirements in their reinforcement or innovation work, and shall ensure that they are handed over for use within specified time limit. Article 33. During the implementation of national defense mobilization of civil transport resources, entities that use the resources may be entitled to directly expropriate the needed local civil transport resources according to the preparative plan of national defense mobilization of civil transport resources under emergent circumstances when there is no time to report for approval, however, such expropriation shall be subject to post-approval according to specified procedures. Article 34. During the implementation of national defense mobilization of civil transport resources, if it is necessary to use any of the ports, docks, airports, stations or other equipment, the national defense communications administration shall make a proposal for using to the relevant departments or entities ahead of time, to which the relevant departments and entities shall give full support. Article 35. Entities using civil transport resources shall do their best to guarantee the safety of relevant personnel, and to avoid the damage and destruction of the civil vehicles, relevant equipment and facilities. Article 36. If the State Council and the Central Military Committee decide to exercise control over the civil transport resources of a sector or a region according to the emergent need of national defense mobilization of civil transport resources, the entities and individual whose civil transport resources are under control must obey the unified command of the control command body, and ensure that such civil vehicles, relevant equipment, facilities and protecting systems owned or managed by them are in good condition. CHAPTER IV COMPENSATION AND PENSION Article 37. When the national defense mobilization task for civil transport resources is finished, the entities that use the resources shall gather up the resources, shall clarify the quantity of the mobilized resources, the losses and damages of the civil vehicles, relevant equipment and facilities, and the casualty of personnel who are responsible for the operation and guarantee work, shall go through the hand-over procedures according to relevant provisions, and produce credentials for the civil transport resources use or damage. Article 38. If the reinforced or innovated civil vehicles and relevant equipment need to be and can be restored to their original functions, the national economy mobilization body shall, jointly with the national defense communications administration and the entities that use the resources, arrange for restoration before the hand-over. After the restoration is finished and corresponding examination is done, they shall go through the hand-over procedures in good time. If the reinforced or innovated civil vehicles and relevant equipment can be used without affecting their original functions, no restoration is required. The national defense communications administration shall register these vehicles and equipment in file and record them as preparatory civil transport resources of national defense mobilization. Article 39. If any entity or individual who own or manage the civil transport resources suffers any of the following direct property losses in performing the obligation of national defense mobilization of civil transport resources, the central finance and local finance on the county level and above shall give them appropriate compensations: (1) loss, damage or depreciation of civil vehicles and relevant equipment facilities such as ports, docks, airports, stations, etc.; (2) wages or subsidy for persons who are responsible for the operation or supply of civil vehicles and relevant equipment, and facilities such as ports, docks, airports, stations, etc.; or (3) other direct property losses which shall be appropriately compensated. The specific compensation measures shall be formulated by the financial administration under the State Council together with other relevant departments. Article 40. Any Entity or individual who owns or manages civil transport resources may apply for compensation to the local national defense communications administration upon strength of the credentials of use or damage produced by the entity that uses the resources, and if it is verified by the national defense communications administration to be true and approved by the relevant people's government, the local national defense communications administration shall make the compensation within the specified time limit. Article 41. If any entity or individual who owns or manages civil transport resources suffers casualties in performing the obligation of national defense mobilization of civil transport resources, the compensation and special treatment measures and standards on which shall be subject to the Regulations for Serviceman on Compensations and Special Treatments and be implemented by the civil administration departments under the people's government on the county level and above. CHAPTER V EXPENSE GUARANTEE Article 42. Expenses on national defense mobilization of civil transport resources shall be jointly borne by the central finance and the local finance on the county level and above. Expenses borne by the central finance shall be listed into the central budget; while the expenses borne by the local finance on the county level and above shall be respectively listed into the budget of the government on the same level. Article 43. The national defense communications administrations of the State and the local people's government on the county level and above shall work out the budget of expenses on the preparation of national defense mobilization of civil transport resources according to the current year's national defense mobilization tasks for civil transport resources, and report it to the people's government on the same level for approval. Article 44. The expenses for the implementation of national defense mobilization of civil transport resources shall be guaranteed according to relevant measures of the State guaranteeing the expenditure of national defense mobilization in case of war and under special circumstances in peacetime. Article 45. Expenses on national defense mobilization of civil transport resources shall be earmarked for its specified purpose only, which shall be subject to the supervision of financial and auditing departments. CHAPTER VI LEGAL LIABILITIES Article 46. If any entity or individual whose civil transport resources are planned to be expropriated violates the present regulations by evading or refusing the performance of obligation of national defense mobilization of civil transport resources, the national defense communications administration under the people's government on the municipal level shall order them to take remedial measures; if it or he still refuses to take remedial measures, the administration shall force it or him to perform corresponding obligation, and may impose on the entity a fine of 20,000 yuan up to 100,000 yuan, on the individual a fine of 2,000 yuan up to 10,000 yuan; if the offense constitutes a crime, the offender shall be subject to criminal liabilities according to law. Article 47. If any entity or individual whose civil transport resources are expropriated violates the present regulations by failing to assemble the expropriated civil transport resources according to the specified time, venue and other requirements, the national defense communications administration under the people's government on the municipal level shall order them to take remedial measures; if the offense constitutes a crime, the offender shall be subject to criminal liabilities according to law. Article 48. If any entity or individual undertaking the design, construction, reinforcement or innovation of the civil vehicles and relevant equipment violates the present regulations by failing to complete corresponding tasks according to national defense requirements, or the entity or individual who invests in the building of civil vehicles and other relevant equipment baffles the relevant design, construction, reinforcement or innovation work, the national defense communications administration under the people's government on the municipal level shall order it or him to take remedial measures; if it or he refuses to take remedial measures, the administration shall force it or him to perform corresponding obligations, and may impose on the entity a fine of 50,000 yuan up to 200,000 yuan or on the individual a fine of 5,000 yuan up to 50,000 yuan; if the offense constitutes a crime, the offender shall be subject to criminal liabilities according to law. Article 49. If anyone destroys any of the civil vehicles and relevant equipment to be expropriated or baffles or disturbs any of the national defense mobilization activities for civil transport resources, which causes losses or results in harmful effects, the public security organs shall give him corresponding punishments according to the Regulations of the People's Republic of China on Punishments in Public Order and Security Administration; if the offense constitutes a crime, the offender shall be subject to criminal liabilities according to law. Article 50. If the communications and transportation administration, public security transportation administration or other relevant department under the people's government on the county level and above violate the present regulations by refusing or deferring the submission relevant materials and condition descriptions of civil transport resources registered last year to the national defense communications administration, the people's government on the same level shall order it to take remedial measures within a specified time limit; if it still fails to submit within the time limit, the persons directly in charge and the other persons directly responsible shall be imposed on administrative sanctions, including a demerit record, a special demerit record or a degradation, by the relevant authorities according to law. Article 51. If the national defense communications administration, national economy mobilization body, people's armed force mobilization body or the entities that use the civil transport resources violate the present regulations by any of the following activities, the relevant authority shall impose corresponding administrative sanction, including a special demerit record, a degradation or a dismissal from office, on the persons directly in charge and the other persons directly responsible, or take disciplinary measures against them according to the Regulations of the People's Liberation Army of China on Disciplines; if the offense constitutes a crime, the offender shall be subject to criminal liabilities according to law: (1) Revealing the collected or controlled materials and condition descriptions about civil transport resources; (2) Overstepping its authority and mobilizing civil transport resources without approval; (3) Failing to keep the expropriated civil transport resources in good condition and causing serious losses; (4) Failing to produce credentials for the civil transport resources use or damage and refusing to take remedial measures under the warn of relevant authority; or (5) Violating the regulation of earmarking specified money for its specified purpose only and using the national defense mobilization money for civil transport resources without approval. CHAPTER VII SUPPLEMENTARY PROVISIONS Article 52. The special circumstances in peacetime refers to armed conflicts and other accidents that do harm to state sovereignty, national unity, territorial integrity and national security. Article 53. These regulations shall take effect as of Jan 1, 2004. |
||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||
|
Copyright 2002 NovexCn.com
|