(Promulgated by Decree No. 298 of the State Council of the People's Republic of China on January 12, 2001, and effective as of the date of promulgation)
Chapter I General Provisions
Article 1These Measures are formulated in accordance with the provisions of the Law of the People's Republic of China on the Protection of Military Installations (hereinafter referred to as the Law on the Protection of Military Installations).
Article 2In places where there are military installations, the people's governments at or above the county level and the related military organs stationed in the locality shall jointly establish commissions for the protection of military installations being responsible for coordination and direction of the work of protecting military installations within their respective administrative regions.
Working bodies of the commissions for the protection of military installations shall be established in provincial military commands (garrison commands), military sub-commands (garrison commands) and arm-the-people departments of counties (autonomous counties, cities and municipal districts) carrying out the daily work of the commissions for the protection of military installations.
Article 3Commissions for the protection of military installations shall exercise the following functions:
(1) to formulate measures for the protection of military installations in accordance with the laws and regulations on the protection of military installations and the guidelines and policies of the State;
(2) to organize and direct the work of protecting military installations within their respective administrative regions and to coordinate efforts to solve problems related to the protection of military installations;
(3) to organize the publicity and education work for the protection of military installations; and
(4) to organize the supervision and inspection of the enforcement of the laws and regulations on the protection of military installations.
Article 4The Headquarters of the General Staff of the People's Liberation Army shall, under the leadership of the State Council and the Central Military Commission, take charge of the protection of military installations throughout the country and direct the work of the commissions for the protection of military installations at various levels.
The headquarters of major military commands shall be responsible for the work of protecting military installations in their respective areas and direct the work of commissions for the protection of military installations at various levels within their respective areas.
Commissions for the protection of military installations at higher levels shall direct the work of commissions for the protection of military installations at lower levels.
Article 5The relevant departments of the State Council shall, within the scope of their respective functions, be in charge of the relevant work of the military installations protection and assist the military organs to carry out measures for the protection of military installations.
Local people's governments at or above the county level shall be in charge of the relevant work of military installations protection and assist the military organs stationed in the locality to carry out measures for the protection of military installations.
Article 6The military organs stationed in the locality shall make introductions about the military installations to the local people's governments and solicit opinions from the local people's governments; the local people's governments shall make introductions about relevant economic construction situations to the military organs stationed in the locality and solicit opinions from the military organs.
Article 7Local people's governments and military organs at various levels shall commend and reward organizations and individuals that have made outstanding achievements in the protection of military installations.
Chapter II Protection of Military Restricted Zones and Military Administrative Zones
Article 8The determination and designation of military restricted zones and military administrative zones and the designation of security control areas surrounding the military restricted zones shall be handled in accordance with the Law on the Protection of Military Installations and the relevant provisions of the State Council and the Central Military Commission.
Article 9It is prohibited in the water military restricted zones to make entry by non-military vessels, to construct and establish non-military installations, or to engage in aquaculture, fishing or other activities that may obstruct the movement of military vessels or endanger their security and secrecy.
Article 10It is prohibited in the water military administrative zones to construct or establish non-military installations or engage in aquaculture; engagement in fishing or other activities shall not obstruct the movement of military vessels.
Article 11The water areas of harbors that are designated as military administrative zones and are jointly used for military and civilian purposes, shall be divided into sections for separate military and civilian administration; when it is necessary to construct new non-military installations in the water areas under civilian administration, approval shall be obtained in advance from the relevant unit in charge of military installations.
Article 12Sign boards shall be set up for military restricted zones and military administrative zones. The patterns, texture and specifications for the sign boards shall be prescribed by the commission for the protection of military installations of the province, autonomous region or municipality directly under the Central Government, and the local people's governments at or above the county level shall be in charge of the setting-up of the sign boards.
When it is hard to set up boundary markers or barriers on water areas to indicate the limits of the water military restricted zones or military administrative zones, the limits shall be publicly announced jointly by local administrative departments in charge of communications and fishery, and shall be marked on marine charts by the competent department in charge of mapping.
Chapter III Protection of Operations Structures
Article 13Operations structures referred to in the Law on the Protection of Military Installations include tunnels, permanent defences and supporting special-purpose roads, bridges and culverts and auxiliary facilities such as water resources, power supplies and buildings for war preparations.
Article 14Security protection areas shall be designated surrounding the operations structures that are not included in the military restricted zones or military administrative zones. The limits of security protection areas for operations structures shall be proposed, in light of the layout of the structures, the terrain and the local economic development by the provincial military command or by the competent military organ at or above the corps level superior to the unit in charge of the operations structures, and be submitted for approval to the major military command and the People's Government of the province, autonomous region and municipality directly under the Central Government.
In areas where the layout of operations structures is comparatively concentrated, the security protection areas for operations structures may be delimited joining each other as a whole.
Article 15The designation of security protection areas for operations structures does not affect the ownership of and right to use of the land and its attachments within the security protection areas. The units and inhabitants in the security protection areas may carry on their normal production and life activities, but may not endanger the security, secrecy and effective utilization of the operations structures.
Article 16In the security protection areas for operations structures, stone-quarrying, mining, demolishing, and deforestation shall be prohibited; building structures and roads, or carrying out capital construction of irrigation and water conservancy shall be subject to approval by the competent military organ superior to the unit in charge of the operations structures and the local commissions for the protection of military installations, and shall not endanger the security, secrecy and effective utilization of the operations structures.
Article 17It is prohibited to open closed operations structures without authorization, to damage the camouflage of the operations structures, or to obstruct the access to or from operations structures.
Without the approval of the competent military organ at or above the division level superior to the unit in charge of the operations structures, no photographing, video-taping, prospecting, surveying, drawing or describing of the operations structures shall be allowed; storage of non-military materials and equipment or engagement in production activities such as plant growing and animal breeding shall be prohibited in the operations structures.
Article 18When it is hard to keep newly-planned construction projects or items away from the operations structures, applications for the dismantlement or relocation or reconstruction of the operations structures shall be submitted in accordance with the relevant provisions of the State; when the applications are not approved, no dismantlement or relocation or reconstruction of the operations structures shall be allowed.
Chapter IV Protection of Military Airport Clearance Zones
Article 19Military airport clearance zones referred to in these Measures mean the airspaces designated surrounding the flight sites to restrict the height of objects so as to guarantee the safety of the taking-off, landing and going-round of military aircraft (including helicopters).
The standards for the protection of military airport clearance zones shall be implemented in accordance with the relevant provisions of the State.
Article 20In the military airport clearance protection zones, it is prohibited to construct buildings, structures or other facilities that exceed the airport clearance standards.
Article 21In the military airport clearance protection zones, growing of plants, setting-up of lights or objects, discharge of smokes, dusts, flames or waster gas or engagement in other similar activities shall not endanger the flight safety and the effective utilization of the navigation aids of the airports.
Article 22The unit in charge of the military airports shall acquaint itself with the plans of the local cities, villages or towns and construction plans of tall building projects, and shall provide technical consultations concerning military airport clearance protection.
Article 23When planning to construct tall buildings, structures or other facilities in the military airport clearance zones, the constructing unit shall, before applying for project approval, solicit in written form the opinions of the competent military organ at or above the corps level superior to the unit in charge of the military airport; if the constructing unit fails to solicit the opinions of the military organ, or the design height of the construction project exceeds the military airport clearance protection standards, the relevant department of the State Council or of the local people's government shall not handle the construction permit procedures.
Article 24The unit in charge of the military airports shall regularly inspect the situation of airport clearance protection, and shall timely report to its superior and the local commission for the protection of military installations, when it finds any unauthorized construction of buildings, structures or other facilities that exceed the military airport clearance protection standards.
Local people's governments shall know well the situation of local military airport clearance protection, formulate protection measures, and supervise and urge relevant units to set up flight obstacle signs for the tall buildings, structures or other facilities in the military airport clearance protection zones.
Article 25Construction of tall buildings, structures or other facilities in the vicinity of natural obstacles that already exist in the military airport clearance protection zones, shall be in compliance with the relevant provisions of the State on airport clearance zones.
Article 26The relevant provisions on the protection of military airport clearance zones shall be applicable to the clearance protection of the airports that are jointly used for military and civilian purposes, of the old airports that are reserved under the administration of the Army and of highway flight runways.
Chapter V Protection of Military Communication Lines, Power Transmission Lines, Oil Pipelines and Water Pipelines
Article 27Military communication lines and power transmission lines referred to in the Law on the Protection of Military Installations include:
(1) overhead lines: poles (towers), electrical wires (cables), transformers, power distribution rooms and other auxiliary facilities;
(2) buried lines: underground and underwater electric (optical) cables, pipelines, inspection pits, markstones, watermarkers, unmanned carrier repeater stations, cable gas-feeding stations and other auxiliary facilities;
(3) wireless lines: unmanned microwave stations, microwave parasitic reflectors, various types of antennae of wireless fixed stations (posts) and other auxiliary facilities;
Article 28Military oil pipelines and water pipelines referred to in the Law on the Protection of Military Installations mean the ground, underground or underwater oil pipelines and water pipelines specially provided for military use, and the pressurized stations, metering stations, processing fields, oil depots, valve chambers, sign objects and other auxiliary facilities along the pipelines.
Article 29Units in charge of military communication lines and power transmission lines, oil pipelines and water pipelines (hereinafter referred to as military lines and pipelines) shall strengthen their maintenance and administration work, adhere to the system of tour inspections and test-based examinations, and when necessary may organize armed tour inspections, and make timely disposal of the problems found.
Article 30Local people's governments at various levels and military organs stationed in the locality shall, in light of the practical situation, organize the people along the military lines and pipelines to carry out army-civilian joint protection in such forms as watch and ward on commission and division of responsibilities by sections so as to safeguard the security of the military lines and pipelines.
Article 31Route markstones or permanent marker shall be erected for the underground military lines and pipelines, and sign boards shall be set up for sections (parts) that are vulnerable to damages. Underwater military lines and pipelines shall be marked on marine charts.
Article 32Specific requirements for the protection of military lines and pipelines and disposal of interactive hindrance with other facilities, shall implemented by the relevant provisions of the State Council and the Central Military Commission.
Chapter VI Protection of Electromagnetic Environment of Military Wireless Fixed Facilities
Article 33Electromagnetic environment of military wireless fixed facilities (hereinafter referred to as military electromagnetic environment) referred to in these Measures means the areas surrounding such military wireless fixed facilities as those for receiving (sending) messages, reconnaissance, sensing, radar, navigational fixing, designated to restrict electromagnetic interfering signals and electromagnetic obstructions to ensure the normal functioning of these facilities.
Specific requirements for the protection of military electromagnetic environment shall be implemented in accordance with the relevant standards of the State.
Article 34In the military electromagnetic environment protection areas, it is prohibited to construct, establish or use equipment that transmitting or radiating electromagnetic signals or electromagnetic obstructions.
Article 35When arranging in military electromagnetic environment protection area construction projects that may affect the military electromagnetic environment, the local authority shall solicit opinions from the relevant military organ in accordance with the relevant provisions; when necessary, the unit in charge of the military installations and the local department concerned may jointly make tests and assessments on the interference extent of the projects and the interfering effects of the electromagnetic obstructions.
Article 36When approving or checking and accepting construction projects within the military electromagnetic environment areas, the relevant departments of the local people's governments at various levels shall examine the situation of the equipment transmitting or radiating electromagnetic signals and that of electromagnetic obstructions, and review the opinions solicited from the military organs; if opinions are not solicited from the military organs, or if the projects are not in conformity with the electromagnetic environment protection standards of the State, the departments concerned shall not handle construction or operation permit procedures.
Article 37Units in charge of military wireless fixed facilities shall know well the situation of the protection of military electromagnetic environment, and when finding any problems, the units shall timely report to the superior military organs and the local commissions for the protection of military installations.
Chapter VII Protection of Frontier Defense Installations and Military Survey Markers
Article 38Frontier defense installations referred to in these Measures mean such military installations used and administered by the frontier forces as frontier patrol roads, frontier barbed wire fences (grills), frontier monitoring equipment, frontier administration auxiliary signs, and frontier helicopter airfields and frontier vessel anchorage.
Article 39Without the approval of the units in charge of frontier defense installations, any organizations or individuals are forbidden from dismantling or removing frontier defense installations.
Article 40Where development of ports, trading or market zones, tourist attractions, or construction of such projects as roads, pipelines, bridges involves the frontier defense installations in the frontier areas, opinions of the military organs shall be solicited in accordance with the relevant provisions; where it is necessary to relocate or reconstruct the frontier defense installations, approval shall be obtained from the commission for the protection of military installations of the province, autonomous region or municipality directly under the Central Government; the positions, qualities and standards of the frontier defense installations relocated or reconstructed shall be in conformity with the relevant provisions of the State.
Article 41The protection of military survey markers shall be handled in accordance with the provisions of the relevant laws and regulations of the State.
Chapter VIII Compulsory Measures and Legal Liability
Article 42The personnel on duty of the units in charge of military installations may use the following compulsory measures to stop any illegal acts listed in Article 30 of the Law on the Protection of Military Installations:
(1) to banish from the military restricted zone any person who illegally enters it;
(2) to seize any equipment, tools or other articles that are used to commit the illegal acts; to detain any person who commits seriously illegal acts, and immediately transfer the person to the public security organ or the State security organ;
(3) in urgent circumstances, to remove obstructions that seriously endanger the security and effective utilization of military installations.
Article 43Anyone who, in violation of the provisions of Article 9, Article 10, and Article 11 of these Measures, constructs or sets up non-military facilities in the water military restricted zone or military administrative zone or in the water area of the harbor jointly used for military and civilian purposes, shall be ordered to stop construction activities by the administrative departments in charge of city planning, communications and fishery in according to their respective functions and powers; if the construction is already finished, he shall be ordered to dismantle the construction within a specified time limit.
Article 44Anyone who, in violation of the provisions of Article 9 and Article 10 of these Measures, illegally enters the water military restricted zone, or engages in aquaculture or fishing in the water military restricted zone, or engages in aquaculture in the water military administrative zone, shall be given a warning by the administrative departments in charge of communications and fishery according to their respective functions and powers, and be ordered to leave; and the fishing gear and the fish catches may be confiscated.
Article 45Anyone who, in violation of the provisions of Article 16 of these Measures, engages in stone-quarrying, mining, demolishing or deforestation in the security protection area for operations structures, shall be ordered to stop the illegal acts by the public security organ and the administrative departments in charge of land and resources and forestry according to their respective functions and powers; and the products of such offences and illegal income shall be confiscated; if losses are caused, the losses shall be compensated for in accordance with law.
Article 46Anyone who, in violation of the provisions of Article 16 of these Measures, engages in unauthorized construction of buildings, structures or roads or carries out capital construction of irrigation and water conservancy in the security protection area for operations structures, shall be given a warning by the administrative departments in charge of city planning, communications and agriculture according to their respective functions and powers, and be ordered to make corrections in a specified time limit; if losses are caused, the losses shall be compensated for in accordance with law.
Article 47Anyone who, in violation of the provisions of Article 17 of these Measures, damages the closed camouflage of operations structures, obstructs the access to or from operations structures, or uses operations structures for material storage, plant growing or animal breeding, shall be ordered by the public security organ to stop the illegal acts and restore the operations structures to their original conditions; if losses are caused, the losses shall be compensated for in accordance with law.
Article 48Anyone who, in violation of the provisions of Article 20 and Article 25 of these Measures, constructs buildings, structures or other facilities that exceed the military airport clearance protection standards in the military airport clearance protection zone, shall be ordered by the administrative department in charge of city planning to dismantle the parts that exceed the height limits.
Article 49Anyone who, in violation of the provisions of Article 34 of these Measures, constructs, sets up or uses equipment transmitting or radiating electromagnetic signals or electromagnetic obstructions, shall be given a warning and ordered to make corrections in a specified time limit by the administrative departments in charge of city planning and information industry according to their respective functions and powers; if refusing to make corrections, the interfering equipment shall be sealed up, and the obstructions shall be compulsively dismantled.
Article 50Anyone who, in violation of the provisions of Article 18, Article 39 and Article 40 of these Measures, engages in unauthorized dismantlement, relocation or reconstruction of operations structures, frontier defense installations, or unauthorized removal of frontier defense installations, shall be ordered to stop the illegal acts and restore the structures and installations to their original conditions by the administrative department in charge of city planning; if losses are caused, the losses shall be compensated for in accordance with law.
Article 51Anyone who violates these Measures constituting an act in violation of the administration of public security, shall be punished by the public security organ in accordance with law; if constituting a crime, criminal liability shall be investigated in accordance with law.
Chapter IX Supplementary Provisions
Article 52The Law on the Protection of Military Installations and these Measures are applicable to the protection of military installations under the charge of the Chinese People's Armed Police Force.
Article 53These Measures shall be effective as of the date of promulgation.