（Adopted at the 22nd Meeting of the Standing¹ Committee of the Eighth National People's Congress on October 29，1996， and promulgated² by Order No. 78 of the President of the People's Republic of China on October 29， 1996）
颁布日期：19961029 　实施日期：19970101 　颁布单位：全国人大常委会

　　Contents

　　Chapter I General Provisions

　　Chapter II Main Targets of Protection

　　Chapter III People's Air Defence Works

　　Chapter IV Communication and Alarm Systems

　　Chapter V Evacuation

　　Chapter VI Mass Air Defence Organizations

　　Chapter VII People's Air Defence Education

　　Chapter VIII Legal Responsibility

　　Chapter IX Supplementary³ Provisions

　　Chapter I General Provisions

　　Article 1 This Law is formulated⁵ with a view to effectively organizing people's air defence， ensuring the safety of the lives and property of the people and safeguarding the smooth progress of the socialist⁶ modernization⁷.

　　Article 2 People's air defence is a part of national defence. The state， taking into account the need of national defence， shall mobilize and organize masses to take precautionary measures to prevent and reduce jeopardy⁸ caused by air-raid.

　　People's air defence shall adopt a guiding principle of preparation in view of the future， concentration on construction of major works， combination of both needs in peacetime and in wartime， and coordination⁹ with economic development and urban construction.

　　Article 3 People's governments at or above the county level shall incorporate people's air defence construction into plans for national economy and social development.

　　Article 4 Funds needed for people's air defence shall be borne by both the state and society.

　　The fund borne by the central authorities shall be covered in the central budget while the fund carried by local people's governments at or above the county level shall be included in local budgets of all levels.

　　Units concerned should bear expenses for people's air defence as stipulated¹⁰ by the state.

　　Article 5 The state shall， in accordance with relevant provisions， offer preferential treatments to construction of people's air defence.

　　The state shall encourage enterprises， institutions， social organizations and individuals to make investment in works of people's air defence in various ways. The works shall be put to use and management by the investors¹¹ during peacetime and earnings¹² be turned over to the investors.

　　Article 6 The State Council and the Central Military Commission shall direct the work concerning people's air defence of the whole nation.

　　The greater military areas shall take charge of people's air defence within their jurisdiction¹³ as authorized¹⁴ by the State Council and the Central Military Commission.

　　Local people's governments at or above the county level and military organs of the same level shall direct the work concerning people's air defence in their respective administrative¹⁵ areas.

　　Article 7 The state administrative department in charge of people's air defence shall take charge of the work concerning people's air defence of the whole country.

　　The departments in charge of people's air defence in greater military areas shall take charge of the work concerning people's air defence in the areas.

　　Administrative departments in charge of people's air defence under local people's governments at or above the county level shall take charge of the work concerning people's air defence in the administrative areas.

　　Departments in central organs of the state in charge of people's air defence shall take charge of the work concerning people's air defence in the organs of the state.

　　The establishment， responsibility and duty of the department in charge of people's air defence shall be prescribed by the State Council and the Central Military Commission.

　　Departments of people's governments at or above the county level in charge of planning， designing and construction， etc.， shall take charge of the work concerning people's air defence within their respective jurisdictions¹⁶ and responsibilities.

　　Article 8 All organizations and individuals shall have the right to obtain protection provided by people's air defence and must perform the obligations concerning people's air defence according to law.

　　Article 9 The state shall protect facilities for people's air defence from damage. Appropriation¹⁷ or damaging of facilities of people's air defence by any organization or individual is prohibited.

　　Article 10 Units and individuals who have made remarkable¹⁸ merits in people's air defence shall be awarded by people's governments at or above the county level and military organs.

　　Chapter II Main Targets of Protection

　　Article 11 Cities are the main targets of people's air defence. The state shall practise classified protection over cities.

　　Classes and standards of air defence over cities are determined¹⁹ by the State Council and Central Military Commission.

　　Article 12 People's governments of cities should make programmes for prevention against air-raid and plans for implementation²⁰ and may organize drills when necessary.

　　Article 13 People's governments of cities shall make programmes for people's air defence works which shall be incorporated into comprehensive plans for the cities.

　　Article 14 The construction of underground traffic avenues and other underground works shall be in line with the need of the people's air defence.

　　Article 15 Facilities for storing grains， medicines， fuel and other provisions necessary during wartime shall be built underground or in other covert²¹ places.

　　Article 16 For important economic targets， departments concerned shall adopt effective protective measures and make contingency²² schemes to deal with an emergency and rush repair.

　　The important economic targets referred to in the preceding paragraph include important industrial enterprises and mines， scientific research bases， traffic pivots²³， communication pivots， bridges， reservoirs， warehouses²⁴ and electric power stations.

　　Article 17 The administrative department in charge of people's air defence shall， according to provisions， conduct inspections²⁶ of people's air defence works protecting cities and important economic targets. The units under inspection²⁵ shall truthfully provide information and necessary data.

　　Chapter III People's Air Defence Works

　　Article 18 People's air defence works include separate underground constructions providing shelters for personnel and provisions， headquarters and medical and first aid services during wartime， as well as underground cellars which are integrated with on-ground constructions and can be used as shelters against air-raid during wartime.

　　Article 19 The state shall practise classified guidance toward the construction of people's air defence works in the light of varied²⁷ requirements of protection.

　　The state shall， according to the need of national defence， make plans for the construction of people's air defence works by taking into account urban construction and economic development.

　　Article 20 The construction of people's air defence works shall first ensure the effective utilization²⁸ of works during wartime， and must be beneficial to economic construction， people's productive activities and lives， and the development and use of works during peacetime.

　　Article 21 The construction of people's air defence works for headquarters， public shelters for personnel， avenues for evacuation shall be organized by the administrative departments in charge of people's air defence. The construction of works for medical rescue， and for provisions storage shall be organized by other departments concerned.

　　Other relevant units shall build shelters for their personnel and provisions.

　　Article 22 Newly built civil constructions in cities shall， according to provisions of the state， include underground cellars which can be used as shelters against air-raid during wartime.

　　Article 23 The design， construction and quality of people's air defence works shall comply with the protection standards and quality standards as stipulated by the state.

　　Types of special equipment for people's air defence works and their production shall comply with the standards as stipulated by the state.

　　Article 24 Departments concerned of people's governments at or above the county level shall， according to law， ensure the use of land for building people's air defence works， and shall provide necessity for building people's air defence installations that link with roads and systems of electricity， heat， water， drainage， communication， etc. in cities.

　　Article 25 The administrative departments in charge of people's air defence shall supervise and inspect the maintenance and management of the air defence works.

　　The administrative departments in charge of people's air defence shall be responsible for the maintenance and management of public air defence works.

　　Units concerned shall， according to the state provisions， be responsible for the maintenance and management of air defence works that have been built and used so as to keep them in good condition for use.

　　Article 26 The state shall encourage the use of people's air defence works in peacetime to serve the needs of economic construction and people's lives but the use of the works must not affect its functions in air defence.

　　Article 27 No organization or individual may be allowed to perform any operation which could impair²⁹ the function or reduce the protective capacity of people's air defence works， or to release waste water and exhaust waste gas and dump waste into the works， or to produce， store explosive， highly toxic³⁰， combustible³¹， radioactive or erosive materials or articles inside the works.

　　Article 28 No organization or individual may be allowed to dismantle³² people's air defence works described in Article 21. Where dismantling³³ is necessary， approval must be obtained from the administrative departments in charge of people's air defence， and the unit that dismantles³⁴ the works shall take the responsibility to build a new one in place of them or make compensation for them.

　　Chapter IV Communication and Alarm systems

　　Article 29 The state shall guarantee smooth operations of communication and alarm systems for people's air defence in order to rapidly and precisely³⁵ send out and transmit alarm signals against air-raid and to effectively organize and conduct people's air defence.

　　Article 30 The state administrative department in charge of people's air defence shall take the responsibility to make plans for the construction of nationwide communication and alarm systems for people's air defence， and to organize the construction and management of nationwide communication and alarm networks for people's air defence.

　　Administrative departments in charge of people's air defence under local people's governments at or above the county level shall take the responsibility to make plans for building communication and alarm systems for people's air defence within their administrative areas and organize the construction and management of communication and alarm networks for people's air defence in the areas.

　　Article 31 Departments of telecommunications， departments of communications in the army and the administrative departments in charge of people's air defence shall guarantee the implementation of communication for people's air defence according to the mission described by the state and the construction plans for communication and alarm systems in people's air defence.

　　Article 32 Departments of telecommunications， departments of communication in the army and administrative institutions in charge of radio shall guarantee the circuits and frequencies needed by the administrative departments in charge of people's air defence for the construction of communication and alarm systems in people's air defence. Units and individuals concerned shall provide convenience for the installation of communication and alarm systems in people's air defence and may not hamper³⁶ their installation.

　　No other organization or individual may use or mix with the special frequencies and air-raid alarm signals intended by the state for communication in people's air defence.

　　Article 33 Systems of communication， broadcast and television must first send out and transmit air-raid alarm signals in wartime.

　　Article 34 Departments concerned in the army shall give air information to the administrative departments in charge of people's air defence and help train professionals.

　　Article 35 Facilities of communication and alarm systems in people's air defence shall be kept in good condition for use.

　　Units concerned shall take charge of the maintenance and management of those facilities of people's air defence alarm systems which are installed in such units and may not dismantle them without approval.

　　Local people's governments at or above the county level may organize trials of sending out air raid alarms where necessary and shall， if they do so， give out announcements five days before the trials.

　　Article 36 Facilities of communication and alarm systems in people's air defence shall be used for rescue or relief operations during peacetime.

　　Chapter V Evacuation

　　Article 37 Evacuation in people's air defence shall be organized by people's governments at or above the county level in a unified³⁷ manner.

　　Evacuation in people's air defence shall be arranged according to orders issued by the state. No organization may act on its own accord.

　　Article 38 People's governments at or above the county level shall organize departments concerned to make plans for evacuation in cities in people's air defence.

　　The region set for evacuation within an administrative area shall be determined by the people's government in that region； if the region spans beyond the administrative area， the people's government at a higher level shall make the decision.

　　Article 39 People's governments at or above the county level shall organize departments and units concerned to make preparation for the placement of the people evacuated³⁸ from cities and for storage， transport and supply of provisions.

　　Article 40 If evacuation of rural population is necessary， local people's governments shall arrange for the placement at the area as close to the original residence as possible.

　　Chapter VI Mass Air Defence Organizations

　　Article 41 Local people's governments at or above the county level shall organize departments concerned to establish mass air defence organizations in the light of the need of people's air defence.

　　Mass air defence organizations shall perform such duties during wartime as salvage³⁹ and rush-repair， medical services and rescue operations， fire control and fire extinguishing， epidemic⁴⁰ prevention and sterilization⁴¹， removal of poison and pollutants⁴²， safeguarding communication， rescuing people and rush-conveying materials and guarding public security， and shall help flood-fighting and quake-preventing departments during peacetime by doing salvage in calamities⁴³.

　　Article 42 Mass air defence organizations shall be established by the following departments：

　　（1） Departments of urban construction， public utilities and electricity shall organize rush brigades；

　　（2） Departments of health and medicine shall organize ambulance corps⁴⁴；

　　（3） Departments of public security shall organize fire-fighting brigades and security contingents⁴⁵；

　　（4） Departments of health， chemical industry and environment protection shall organize anti-chemical warfare⁴⁶ corps and epidemic prevention corps；

　　（5） Departments of telecommunications shall organize communication teams； and

　　（6） Departments of transport shall organize transport troops.

　　The Red Cross organizations shall take up rescue operations according to law.

　　Article 43 Outfits⁴⁷， apparatus⁴⁸ and funds needed for mass air defence organizations shall be provided by the administrative departments in charge of people's air defence and by sponsoring departments.

　　Article 44 Mass air defence organizations shall receive professional training in accordance with training plans and programmes set by the administrative departments in charge of people's air defence.

　　Chapter VII People's Air Defence Education

　　Article 45 The state shall conduct people's air defence education to enhance the sense of national defence among the people and to enable masses to learn basic knowledge and skills for people's air defence.

　　Article 46 The state administrative department in charge of people's air defence shall take charge of making plans and of setting contents for people's air defence education.

　　People's air defence education for students in schools and colleges shall be organized by education departments and departments in charge of people's air defence at all levels.

　　People's air defence education for personnel in organs of state， social organizations， enterprises and institutions shall be organized by the units to which the personnel belongs. For other personnel， the grass-roots people's governments in cities， towns and townships shall organize the people's air defence education.

　　Article 47 Departments of journalism⁴⁹， publication， broadcast， the movies， television and culture shall help conduct people's air defence education.

　　Chapter VIII Legal Responsibility

　　Article 48 For， in violation⁵⁰ of relevant state provisions， civil construction newly built in cities without underground cellars for use as shelters against air-raid in wartime， the administrative department in charge of people's air defence under the people's government at or above the county level shall give a warning to the violator and order him to build that within a time limit and may concurrently⁵¹ impose a fine below 100，000 yuan.

　　Article 49 For any of the following acts， the administrative departments in charge of people's air defence under the people's government at or above the county level shall give a warning to the violator and order him to correct his illicit⁵² behavior within a time limit， and may concurrently impose a fine below 5，000 yuan if the violator is a person or a fine from 10，000 yuan to 50，000 yuan if the violator is a unit. If the act has caused a loss， the violator shall make compensation according to law.

　　（1） seizing people's air defence works；

　　（2） failing to comply with protection standards and quality standards set by the state when building people's air defence works；

　　（3） in violation of relevant state provisions， making changes on main structure of people's air defence works， dismantling equipment and facilities from the works or， by other means， impairing⁵³ its function or reducing its protective capacity；

　　（4） refusing to rebuild people's air defence works after dismantling it；

　　（5） taking up frequencies exclusive for communication in people's air defence， using the same sound signals as air-raid alarms， or， without approval， dismantling equipment and facilities for communication and alarm systems used in people's air defence；

　　（6） hampering⁵⁴ installation of facilities for communication and alarm systems used in people's air defence and refusing to make corrections； or

　　（7） discharging waste water and exhausting waste gas or dumping waste into people's air defence works.

　　Article 50 Any person who， in violation of the provisions of this Law， deliberately⁵⁵ makes damage to facilities for people's air defence works， or produces and stores explosive， highly toxic， combustible， radioactive and other dangerous materials and articles in the works， if his act is not serious enough for a crime yet， shall be punished according to the relevant provisions of the Regulations on Administrative Penalties for Public Security. Those who commit a crime shall be investigated for criminal responsibility.

　　Article 51 Personnel in the administrative departments in charge of people's air defence who neglect their duties， abuse their power， engage in malpractice for personal gains， or commit other offences and dereliction seriously enough to constitute a crime， shall be investigated for criminal responsibility. Those whose acts are not serious enough to constitute a crime， shall be given disciplinary sanctions.

　　Chapter IX Supplementary Provisions

　　Article 52 Standing committees of people's congresses of provinces， autonomous⁵⁶ regions and municipalities under the central government may formulate⁴ detailed⁵⁷ rules for implementation in accordance with this Law.

　　Article 53 This Law shall come into force on January 1， 1997.

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