Counter-Terrorism Law of the People's Republic of China (Full Text)

Counter-Terrorism Law of the People's Republic of China

　　(Adopted at the 18th Session of the Standing Committee of the 12th National People's Congress on December 27, 2015; promulgated by Order No. 36 of the President of the People's Republic of China on December 27, 2015; effective as of January 1, 2016; amended in accordance with the Decision of the Standing Committee of the National People's Congress on Amending the Frontier Health and Quarantine Law of the People's Republic of China and Other Six Laws adopted at the Second Session of the Standing Committee of the 13th National People's Congress on April 27, 2018)

　　directory　

　　Chapter I: General Provisions

　　Chapter II: Designation of Terrorist Organizations and Personnel

　　Chapter III: Security Precautions

　　Chapter IV: Intelligence Information

　　Chapter V: Investigation

　　Chapter VI: Response and Disposition

　　Chapter VII International Cooperation

　　Chapter VIII: Safeguard Measures

　　Chapter IX: Legal Responsibility

　　Chapter X: Supplementary Provisions

　　Chapter I: General Provisions

　　Article 1

　　This Law is enacted on the basis of the Constitution so as to prevent and punish terrorist activities, strengthen counter-terrorism efforts, and preserve national security, public safety, and the safety of people's lives and property.

　　Article 2

　　The State opposes all forms of terrorism, bans terrorist organizations in accordance with law, and pursues legal responsibility in accordance with law for any person who organizes, plans, prepares, or carries out terrorist activities, advocates terrorism, incites the commission of terrorist activities, organizes, leads, or participates in terrorist organizations, or provides assistance to terrorist activities.

　　The State does not make compromises with any terrorist organization or person, and does not grant asylum or refugee status to any terrorist person.

　　Article 3

　　"Terrorism" as used in this Law refers to the propositions and conduct that create social panic, endanger public safety, infringe upon persons and property, or coerce state organs or international organizations to achieve their political, ideological, or other goals through violence, sabotage, intimidation, or other means.

　　"Terrorist activities" as used in this Law refers to the following acts of a terrorist nature:

　　(1) Organizing, planning, preparing to carry out, or carrying out activities that cause or intend to cause serious harm to society, such as casualties, major property losses, damage to public facilities, or social disorder;

　　(2) Advocating terrorism, inciting the commission of terrorist activities, or illegally possessing items advocating terrorism, or forcing others to wear clothing or symbols advocating terrorism in public places;

　　(3) Organizing, leading, or participating in terrorist organizations;

　　(4) Providing support, assistance, or facilitation of information, funds, materials, labor, technology, venues, and so forth for terrorist organizations, terrorist personnel, or terrorist activities or terrorist activity training;

　　(5) Other terrorist activities.

　　"Terrorist organizations" as used in this Law refers to criminal organizations formed by three or more persons for the purpose of carrying out terrorist activities.

　　"Persons carrying out terrorist activities" as used in this Law refers to persons who carry out terrorist activities and members of terrorist organizations.

　　"Terrorist incidents" as used in this Law refers to terrorist activities that are occurring or have already occurred, causing or may cause major harm to society.

　　Article 4

　　The State is to include counter-terrorism in its national security strategy, comprehensively implement policies, address both the symptoms and the root causes, strengthen counter-terrorism capacity-building, and use political, economic, legal, cultural, educational, diplomatic, military, and other means to carry out counter-terrorism efforts.

　　The State rejects all forms of extremism, such as incitement to hatred, incitement to discrimination, and advocacy of violence, by distorting religious doctrines or other means, and eliminates the ideological basis of terrorism.

　　Article 5

　　Counter-terrorism work adheres to the principles of combining specialized work with the mass line, giving priority to prevention, combining punishment with prevention, preempting the enemy, and maintaining the initiative.

　　Article 6

　　Counter-terrorism efforts shall be carried out in accordance with law, respecting and protecting human rights, and safeguarding the lawful rights and interests of citizens and organizations.

　　In counter-terrorism efforts, citizens' freedom of religious belief and ethnic customs and habits should be respected, and any discriminatory practices based on regional, ethnic, religious and other grounds should be prohibited.

　　Article 7

　　The State is to establish a leading institution for counter-terrorism efforts to provide unified leadership and command over counter-terrorism efforts throughout the country.

　　Local people's governments at the districted-city level or above are to establish leading institutions for counter-terrorism efforts, and people's governments at the county level are to establish leading institutions for counter-terrorism efforts as needed, and are responsible for counter-terrorism efforts in that region under the leadership and command of the leading institution for counter-terrorism efforts at the level above.

　　Article 8

　　Public security organs, state security organs, people's procuratorates, people's courts, judicial-administrative organs, and other relevant state organs shall, on the basis of the division of labor, implement a work responsibility system, and do a good job of counter-terrorism efforts in accordance with law.

　　The Chinese People's Liberation Army, the Chinese People's Armed Police Force and the militia organizations shall prevent and handle terrorist activities in accordance with this Law and other relevant laws, administrative regulations, military regulations, orders of the State Council and the Central Military Commission, and in accordance with the arrangements of the leading institutions for counter-terrorism work.

　　Relevant departments shall establish mechanisms for linkage and cooperation, relying on and mobilizing villagers' committees, residents' committees, enterprises, public institutions, and social organizations to jointly carry out counter-terrorism efforts.

　　Article 9

　　All units and individuals have the obligation to assist and cooperate with relevant departments in carrying out counter-terrorism efforts, and where suspected terrorist activities or persons suspected of terrorist activities are discovered, they shall promptly report to the public security organs or relevant departments.

　　Article 10

　　Commendations and awards are to be given to units and individuals that have made outstanding contributions to reporting terrorist activities or assisting in the prevention or suppression of terrorist activities, as well as units and individuals that have made other outstanding contributions to counter-terrorism efforts, in accordance with relevant state provisions.

　　Article 11

　　The People's Republic of China exercises criminal jurisdiction over terrorist activities committed outside the territory of the People's Republic of China against the State, citizens or institutions of the People's Republic of China, or the crimes of terrorist activities provided for in international treaties concluded or acceded to by the People's Republic of China, and pursues criminal responsibility in accordance with law.

　　Chapter II: Designation of Terrorist Organizations and Personnel

　　Article 12

　　Where the national leading institution for counter-terrorism efforts designates terrorist organizations and personnel on the basis of article 3 of this Law, the administrative body of the national leading institution for counter-terrorism efforts is to make a public announcement.

　　Article 13

　　The State Council's public security departments, state security departments, foreign affairs departments, and provincial-level leading institutions for counter-terrorism efforts shall submit an application to the national leading institution for counter-terrorism efforts where it is necessary to designate terrorist organizations and personnel.

　　Article 14

　　Financial institutions and designated non-financial institutions shall immediately freeze the funds or other assets of terrorist organizations and personnel announced by the offices of the leading institutions for counter-terrorism efforts, and promptly report to the public security departments, state security departments, and administrative departments in charge of anti-money laundering under the State Council in accordance with provisions.

　　Article 15

　　Where designated terrorist organizations and personnel are not satisfied with the designation, they may apply for a review through the office of the national leading institution for counter-terrorism efforts. The national leading institution for counter-terrorism efforts shall promptly conduct a review and make a decision to maintain or revoke the designation. The decision on review shall be final.

　　Where the national leading institution for counter-terrorism efforts makes a decision to revoke the designation, the administrative body of the national leading institution for counter-terrorism efforts is to make a public announcement;

　　Article 16

　　In accordance with the provisions of the Criminal Procedure Law, people's courts at or above the intermediate level with jurisdiction may, in the course of adjudicating criminal cases, designate terrorist organizations and persons in accordance with law. The relevant provisions of this chapter apply to the administrative bodies of the national leading institution for counter-terrorism efforts that need to be announced after the judgment takes effect.

　　Chapter III: Security Precautions

　　Article 17

　　All levels of people's government and relevant departments shall organize and carry out publicity and education on counter-terrorism to increase citizens' awareness of counter-terrorism.

　　The administrative departments in charge of education and human resources, as well as schools and relevant vocational training establishments, shall include knowledge of the prevention of terrorist activities and emergency response in the content of education, teaching, and training.

　　Relevant units such as for the press, radio, television, culture, religion, and the internet shall conduct targeted publicity and education on counter-terrorism to the public.

　　Villagers' committees and residents' committees shall assist the people's governments and relevant departments in strengthening publicity and education on counter-terrorism.

　　Article 18

　　Telecommunications operators and internet service providers shall provide technical support and assistance to public security organs and state security organs in lawfully preventing and investigating terrorist activities, such as technical interfaces and decryption.

　　Article 19

　　Telecommunications operators and internet service providers shall, in accordance with laws and administrative regulations, implement network security and information content oversight systems and security technical precautionary measures to prevent the transmission of information containing terrorist or extremist content;

　　Competent departments such as for internet information, telecommunications, public security, and national security shall follow their duties and division of labor to promptly order relevant units to stop the transmission or deletion of relevant information, or to close relevant websites or services, for information containing terrorist or extremist content. Relevant units shall immediately enforce it, and keep relevant records to assist in conducting investigations. The competent departments for telecommunications shall employ technical measures to block the transmission of information containing terrorist or extremist content transmitted across borders on the Internet.

　　Article 20

　　Railway, highway, water, air freight and postal services, express delivery and other logistics operation units shall implement a security inspection system, check the identity of customers, and conduct safety inspections or unsealing inspections of transported and delivered items in accordance with regulations. Items that are prohibited from transportation or delivery, have major potential safety hazards, or the customer refuses to conduct security inspections, shall not be transported or delivered.

　　The logistics operation units provided for in the preceding paragraph shall implement a registration system for the identity and goods of customers for transportation and delivery.

　　Article 21

　　Business operators and service providers such as telecommunications, internet, finance, lodging, long-distance passenger transport, and motor vehicle leasing shall conduct customer identity checks. Services must not be provided for those whose identities are unclear or who refuse to have their identities checked.

　　Article 22

　　Production and import units shall, in accordance with regulations, make electronic tracking marks for firearms and other weapons, ammunition, controlled instruments, hazardous chemicals, civilian explosives, and nuclear and radioactive items, and add security inspection and tracer markers to civilian explosives.

　　The transport unit shall, in accordance with the regulations, monitor the means of transport of hazardous chemicals, civil explosives, nuclear and radioactive materials in operation through the positioning system.

　　Relevant units shall, in accordance with regulations, carry out strict supervision and management of infectious disease pathogens and other substances, and strictly prevent the spread of infectious disease pathogens and other substances or their flow into illegal channels.

　　The relevant competent departments of the State Council or provincial-level people's governments may, as needed, in specific areas and at specific times, decide to control the production, import and export, transportation, sale, use, and scrapping of controlled instruments, hazardous chemicals, and civil explosives, and may prohibit the use of cash or in-kind transactions or impose other restrictions on trading activities.

　　Article 23

　　In the event of theft, robbery, loss, or other loss of firearms and other weapons, ammunition, hazardous chemicals, civil explosives, nuclear and radioactive materials, infectious disease pathogens, and other materials, the unit where the case occurred shall immediately take necessary control measures and immediately report to the public security organs, and at the same time report to the relevant competent departments in accordance with provisions. After the public security organs receive the report, they shall promptly carry out an investigation. The relevant competent departments shall cooperate with the public security organs in carrying out their work.

　　No unit or individual may illegally produce, produce, store, transport, import or export, sell, provide, purchase, use, possess, scrap, or destroy the items provided for in the preceding paragraph. Where discovered by the public security organs, they shall be detained; where discovered by other competent departments, they shall be seized and immediately reported to the public security organs; and where discovered by other units or individuals, they shall immediately report to the public security organs.

　　Article 24

　　The State Council's administrative department for anti-money laundering and the relevant departments and agencies of the State Council are to supervise and manage financial institutions and specified non-financial institutions' performance of their counter-terrorism financing obligations in accordance with law.

　　Where the administrative department in charge of anti-money laundering under the State Council discovers suspected terrorist financing, it may conduct an investigation in accordance with law and take temporary freezing measures.

　　Article 25

　　Where auditing, finance, taxation, and other departments discover that funds are flowing in or out of suspected terrorist financing in the course of carrying out oversight and inspections of relevant units in accordance with the provisions of laws and administrative regulations, they shall promptly report to the public security organs.

　　Article 26

　　In the course of supervising the entry and exit of persons carrying cash and bearer securities, if the Customs discovers that it is suspected of terrorist financing, it shall immediately notify the administrative department in charge of anti-money laundering under the State Council and the public security organ with jurisdiction.

　　Article 27

　　All levels of local people's government shall meet the needs of counter-terrorism efforts in formulating and organizing the implementation of urban and rural plans.

　　As needed, all levels of local people's government shall organize and urge relevant construction units to equip and install public security video image information systems and other technical and physical defense equipment and facilities for preventing terrorist attacks at key locations in major roads, transportation hubs, and urban public areas.

　　Article 28

　　Public security organs and relevant departments shall promptly stop the advocacy of extremism or the use of extremism to endanger public safety, disrupt public order, infringe upon persons and property, or obstruct social management, and pursue legal responsibility in accordance with law.

　　Where public security organs discover extremist activities, they shall order them to immediately stop, forcibly remove relevant persons from the scene, register their identity information, confiscate relevant items and materials, and seal up the venues of illegal activities.

　　Where any unit or individual discovers items, materials, or information advocating extremism, they shall immediately report it to the public security organs.

　　Article 29

　　The public security organs shall organize relevant departments, villagers' committees, residents' committees, units, schools, families, and guardians to assist and educate persons who have been instigated, coerced, or enticed to participate in terrorist or extremist activities, or whose participation in terrorist or extremist activities is minor and does not constitute a crime.

　　Prisons, detention centers, and community corrections establishments shall strengthen efforts such as the management, education, and correction of terrorist and extremist criminals serving sentences. Prisons and detention centers may detain terrorist criminals and extremist criminals in mixed or individual convicts with ordinary criminal offenders as needed for education, reform, and maintenance of supervision order.

　　Article 30

　　Where terrorist criminals or extremist criminals are sentenced to a sentence of imprisonment or higher, prisons and detention centers shall, before completing their sentences, conduct a social danger assessment based on the nature of their crimes, the circumstances and the degree of social harm, their performance during their sentences, and the impact on the communities in which they live after release. Conducting social danger assessments shall hear the opinions of relevant basic-level organizations and the original case-handling organs. Where upon assessment there is a danger to society, the prison or detention center shall submit a placement and education recommendation to the intermediate people's court for the place where the convict is serving his sentence, and send a copy of the recommendation to the people's procuratorate at the same level.

　　The intermediate people's court for the place where the convict is serving his sentence shall make a decision to order the convict to receive placement and education after his or her release at the completion of his sentence where there is a genuine danger to society. A copy of the decision shall be sent to the people's procuratorate at the same level. Where persons subject to a decision on placement and education are dissatisfied with the decision, they may apply to the people's court at the level above for reconsideration.

　　Placement education is organized and implemented by provincial-level people's governments. Placement education establishments shall conduct an annual assessment of the persons being placed in education, and where they truly show repentance and reform and will no longer endanger society, they shall promptly submit an opinion on the removal of the placement and education, and report it to the intermediate people's court that made the placement and education decision to make a decision. Persons subject to education placement have the right to apply for the release of education placement.

　　The people's procuratorates supervise the decision and implementation of educational placements.

　　Article 31

　　Public security organs, in conjunction with relevant departments, shall designate units, venues, activities, facilities, and so forth that are more likely to suffer a terrorist attack, or that might cause major physical death, death, property, or social impact, as key targets for the prevention of terrorist attacks, and report to the leading institution for counter-terrorism efforts at that level for filing.

　　Article 32

　　The management unit of the key objectives shall perform the following duties:

　　(1) Formulate plans and measures for preventing and responding to terrorist activities, and periodically conduct training and drills;

　　(2) Establish a system for safeguarding special funds for counter-terrorism efforts, and equip and update equipment and facilities for prevention and response;

　　(3) Designate relevant institutions or implement responsible personnel, and clarify job responsibilities;

　　(4) Carry out risk assessments, monitor security threats in real time, and improve internal security management;

　　(5) Periodically report to the public security organs and relevant departments on the implementation of preventive measures.

　　The management unit of the key target shall, in accordance with urban and rural planning, relevant standards and actual needs, design, construct and operate the technical defense and physical defense equipment and facilities that comply with the provisions of Article 27 of this Law for the key target.

　　Units for the management of key targets shall establish management systems for public security video image information systems such as on-duty monitoring, information preservation and use, operation and maintenance, to ensure the normal operation of relevant systems. The retention period of collected video image information must not be less than 90 days.

　　For other units, venues, activities, and facilities involving public safety other than key targets, the competent departments and management units shall establish and complete safety management systems and implement safety responsibilities in accordance with laws and administrative regulations.

　　Article 33

　　The management units for key targets shall conduct security background reviews of personnel in important positions. For personnel who are not suitable, their work positions shall be adjusted, and the relevant circumstances shall be reported to the public security organs.

　　Article 34

　　Units undertaking large-scale activities and units for the management of key targets shall, in accordance with provisions, conduct safety inspections of personnel, items, and means of transportation entering key targets such as large-scale event venues, airports, railway stations, docks, urban rail transit stations, highway long-distance passenger stations, and ports. Contraband and controlled items shall be detained and immediately reported to the public security organs;

　　Article 35

　　For aircraft, trains, ships, urban rail vehicles, public trams and other public transport vehicles, the operating units shall be equipped with security personnel and corresponding equipment and facilities in accordance with regulations, and strengthen safety inspection and security work.

　　Article 36

　　Public security organs and relevant departments shall grasp basic information and important developments on key targets, and guide and supervise the management units of key targets in performing all duties to prevent terrorist attacks.

　　Public security organs and Chinese people's armed police forces shall conduct vigilance, patrols, and inspections of key targets in accordance with relevant provisions.

　　Article 37

　　Competent departments such as for flight control, civil aviation, and public security shall, in accordance with their duties and division of labor, strengthen the management of airspace, aircraft, and flight activities, and strictly guard against terrorist activities carried out against aircraft or using flight activities.

　　Article 38

　　People's governments and military organs at all levels shall set up blocking and isolation nets, video image collection, and anti-cross-border warning facilities in key national (border) border areas and ports.

　　Public security organs and the Chinese People's Liberation Army shall strictly organize national (border) border patrols and inspect personnel, means of transport and articles arriving at and leaving the border frontier, entering and leaving the border management zone, and the national (border) border passage and port, as well as ships in coastal and border areas.

　　Article 39

　　The exit/entry document issuing authorities and the exit/entry border inspection authorities have the right to decide not to allow the exit, not to issue exit/entry documents, or to declare the exit/entry documents invalid of terrorist persons or persons suspected of terrorist activities.

　　Article 40

　　Where customs or entry-exit border inspection organs discover persons suspected of terrorist activities or items suspected of terrorist activities, they shall detain them in accordance with law and immediately transfer them to the public security organs or state security organs.

　　Article 41

　　The State Council's departments in charge of foreign affairs, public security, national security, development and reform, industry and information technology, commerce, and tourism shall establish security risk assessment systems for overseas investment and cooperation, tourism, and other areas, to strengthen security protections for Chinese citizens abroad, as well as institutions, facilities, and property stationed abroad, and to prevent and respond to terrorist attacks.

　　Article 42

　　Institutions stationed abroad shall establish and complete security precaution systems and response plans, and strengthen security protections for relevant personnel, facilities, and property.

　　Chapter IV: Intelligence Information

　　Article 43

　　The national leading institution for counter-terrorism efforts is to establish a national counter-terrorism intelligence center, implement cross-departmental and cross-regional intelligence information work mechanisms, and coordinate counter-terrorism intelligence information work.

　　Relevant departments shall strengthen efforts to collect counter-terrorism intelligence information, and shall promptly and uniformly report intelligence information on leads, personnel, and actions collected to the National Counter-Terrorism Intelligence Center in accordance with provisions.

　　Local leading institutions for counter-terrorism efforts shall establish cross-departmental intelligence information working mechanisms, organize and carry out counter-terrorism intelligence information work, and shall promptly report important intelligence information to the leading institution for counter-terrorism efforts at the level above, and shall promptly report to the relevant localities for urgent intelligence information involving other places.

　　Article 44

　　Public security organs, state security organs, and relevant departments shall rely on the masses to strengthen basic level work, establish basic level intelligence and information work forces, and increase the capacity for counter-terrorism intelligence and information work.

　　Article 45

　　Within the scope of their duties, public security organs, state security organs, and military organs may employ technical investigative measures as needed for counter-terrorism intelligence information work, on the basis of relevant state provisions, and after strict approval formalities.

　　Materials obtained in accordance with the provisions of the preceding paragraph may only be used for counter-terrorism responses and investigations, prosecutions, and trials of terrorist activities and extremist crimes, and must not be used for other purposes.

　　Article 46

　　Relevant departments shall promptly provide information obtained in the security precaution work provided for in Chapter III of this Law in accordance with the requirements of the National Counter-Terrorism Intelligence Center.

　　Article 47

　　The National Counter-Terrorism Intelligence Center, local leading institutions for counter-terrorism efforts, public security organs, and other relevant departments shall conduct screening, assessment, verification, and monitoring of relevant intelligence information, and where it is found that there is a risk of a terrorist incident occurring, and it is necessary to employ corresponding security precautions, response and handling measures, they shall promptly notify the relevant departments and units, and may issue early warnings based on the circumstances. Relevant departments and units shall do a good job of safety precautions, response and handling efforts on the basis of the circular.

　　Article 48

　　Leading institutions for counter-terrorism efforts, relevant departments, units, and individuals shall preserve the confidentiality of state secrets, commercial secrets, and personal privacy that they learn of in the course of performing their duties and obligations in counter-terrorism efforts.

　　Where state secrets, commercial secrets, or personal privacy are leaked in violation of provisions, legal responsibility is to be pursued in accordance with law.

　　Chapter V: Investigation

　　Article 49

　　Where public security organs receive reports of suspected terrorist activities or discover suspected terrorist activities, and need to investigate and verify, they shall promptly conduct an investigation.

　　Article 50

　　Public security organs investigating suspected terrorist activities may interrogate, inspect, or summon suspects in accordance with relevant legal provisions, and may extract or collect biometric information such as portraits, fingerprints, and iris images, as well as biological samples such as blood, urine, and exfoliated cells, and retain their signatures.

　　Public security organs investigating suspected terrorist activities may notify persons with knowledge of the circumstances to go to the public security organs or other locations to receive questioning.

　　Article 51

　　Public security organs investigating suspected terrorist activities have the right to collect and obtain relevant information and materials from relevant units and individuals. Relevant units and individuals shall truthfully provide it.

　　Article 52

　　Public security organs investigating suspected terrorist activities may, upon approval of the responsible person at a public security organ at the county level or above, inquire into the suspect's deposits, remittances, bonds, stocks, fund shares, and other assets, and may employ measures to seal, seize, or freeze them. The period for sealing, seizure, or freezing must not exceed 2 months, and where the circumstances are complicated, an extension of 1 month may be granted with the approval of the responsible person for the public security organ at the level above.

　　Article 53

　　Public security organs investigating suspected terrorist activities may, with the approval of the responsible person at a public security organ at the county level or above, order persons suspected of terrorist activities to comply with one or more of the following restrictive measures based on the degree of danger:

　　(1) Without the approval of the public security organs, they must not leave the city, county, or designated place of residence;

　　(2) Must not participate in large-scale mass activities or engage in specific activities;

　　(3) Without the approval of the public security organs, they must not take public transportation or enter specific venues;

　　(4) Must not meet or communicate with specific persons;

　　(5) Periodically report activities to the public security organs;

　　(6) Submit passports and other entry-exit documents, identity documents, and driver's licenses to the public security organs for safekeeping.

　　Public security organs may employ methods such as electronic monitoring and unscheduled inspections to supervise their compliance with restraint measures.

　　The period for employing the restrictive measures provided for in the preceding two paragraphs must not exceed three months. Where it is not necessary to continue employing restrictive measures, they shall be promptly lifted.

　　Article 54

　　Where, after investigation, the public security organs discover the facts of a crime or a criminal suspect, they shall file a case for investigation in accordance with the provisions of the Criminal Procedure Law. Where the relevant time period provided for in this chapter is completed and the public security organs have not filed a case for investigation, the relevant measures shall be lifted.

　　Chapter VI: Response and Disposition

　　Article 55

　　The state is to establish and complete a system of response and handling plans for terrorist incidents.

　　The national leading institution for counter-terrorism efforts shall draft a national response and handling plan by level and category based on the patterns, characteristics, and social harm that might be caused by terrorist incidents, specifically providing for content such as the organizational and command system for responding to terrorist incidents, security precautions for terrorist incidents, procedures for responding to and handling terrorist incidents, and restoration of social order after the fact.

　　Relevant departments and local leading institutions for counter-terrorism efforts shall draft corresponding response and handling plans.

　　Article 56

　　In response to and handling terrorist incidents, all levels of leading institution for counter-terrorism efforts shall establish a command body with the participation of relevant departments, and implement a commander responsibility system. The responsible person for the leading institution for counter-terrorism efforts may serve as the commander, and the responsible person for the public security organ or the responsible person for other member units of the leading institution for counter-terrorism efforts may also be designated to serve as the commander.

　　The national leading institution for counter-terrorism efforts is responsible for directing the response and handling of terrorist incidents or especially major terrorist incidents that occur across provinces, autonomous regions, or directly governed municipalities;

　　Article 57

　　After a terrorist incident occurs, the leading institution for counter-terrorism efforts at the site of the occurrence shall immediately initiate a response plan for the terrorist incident and designate a commander. Relevant departments, the Chinese People's Liberation Army, the Chinese People's Armed Police Force, and militia organizations are to coordinate on-site response and handling efforts such as crackdowns, control, rescue, and ambulances in accordance with the unified leadership and command of the leading bodies and commanders for counter-terrorism efforts.

　　The higher-level leading institution for counter-terrorism efforts may provide guidance on response and handling efforts, and when necessary, mobilize relevant counter-terrorism forces to provide support.

　　Where it is necessary to enter a state of emergency, the Standing Committee of the National People's Congress or the State Council shall make a decision in accordance with the authority and procedures provided by the Constitution and other relevant laws.

　　Article 58

　　After discovering a terrorist incident or suspected terrorist incident, the public security organs shall immediately handle it and report it to the leading institution for counter-terrorism efforts; where the Chinese People's Liberation Army or the Chinese People's Armed Police Force discover that terrorist activities are being carried out, they shall immediately take control of them and promptly transfer the case to the public security organs.

　　Where the leading institution for counter-terrorism efforts has not yet designated a commander, the highest-ranking personnel of the public security organ who is present at the scene is to serve as the on-site commander. Where the public security organs fail to arrive at the scene, the highest-ranking personnel of the Chinese People's Liberation Army or the Chinese People's Armed Police Force who are present at the scene shall serve as the on-site commander. Regardless of whether they belong to the same unit or system, the on-site response personnel shall obey the command of the on-site commander.

　　After the commander is confirmed, the on-site commander shall ask him for instructions and report on the work or relevant circumstances.

　　Article 59

　　Where the institutions, personnel, or important facilities of the People's Republic of China outside the territory of the People's Republic of China suffer or might suffer terrorist attacks, the competent departments of the State Council such as for foreign affairs, public security, national security, commerce, finance, state-owned assets supervision and administration, tourism, and transportation shall promptly initiate a response plan. The foreign affairs department of the State Council shall coordinate with relevant countries to take corresponding measures.

　　After a serious terrorist attack is struck by an institution, personnel, or important facility outside the territory of the People's Republic of China, upon consultation and agreement with the relevant countries, the national leading institution for counter-terrorism efforts may organize departments such as for foreign affairs, public security, and national security to send staff to overseas to carry out response and handling efforts.

　　Article 60

　　In responding to and handling terrorist incidents, priority shall be given to protecting the personal safety of persons directly harmed or threatened by terrorist activities.

　　Article 61

　　After a terrorist incident occurs, the leading institution for counter-terrorism efforts responsible for responding to and handling it may decide that the relevant departments and units are to employ one or more of the following response measures:

　　(1) Organize the rescue and treatment of victims, evacuate, evacuate, and properly resettle threatened persons, and employ other rescue measures;

　　(2) Blocking the scene and surrounding roads, checking the identity documents of on-site personnel, and setting up temporary cordons near relevant venues;

　　(3) Implementing airspace and sea (water) control in a specific area, and inspecting the means of transport in a specific area;

　　(4) Implementing Internet, radio, and communications controls in specific areas;

　　(5) Carrying out exit and entry control in a specific area or for specific persons;

　　(6) Prohibiting or restricting the use of relevant equipment and facilities, closing or restricting the use of relevant venues, suspending crowded activities or production and business activities that may lead to the expansion of harm;

　　(7) Rushing to repair damaged public facilities such as transportation, telecommunications, the Internet, radio and television, water supply, drainage, power supply, gas supply, and heat supply;

　　(8) Organizing volunteers to participate in counter-terrorism rescue efforts, and requesting the services of personnel with specific expertise;

　　(9) Other necessary response and handling measures.

　　The adoption of the response measures provided for in items (3) through (5) of the preceding paragraph is to be decided upon or approved by the leading institution for counter-terrorism efforts at the provincial level or above, and the adoption of the response measures provided for in item (6) of the preceding paragraph is to be decided by the leading institution for counter-terrorism efforts at the districted-city level or above. The response measures shall clarify the time and space scope of application, and announce them to the public.

　　Article 62

　　People's police, people's armed police, and other response personnel who are lawfully equipped with or carrying weapons may use weapons against persons who are holding guns, knives, or other weapons at the scene, or who are using other dangerous methods, and who are or are about to commit violent acts, and where warnings are ineffective;

　　Article 63

　　Information on the occurrence, development, and response to terrorist incidents is to be uniformly released by the provincial-level leading institution for counter-terrorism efforts at the site of the terrorist incident, and for terrorist incidents occurring across provinces, autonomous regions, or directly governed municipalities, the designated provincial-level leading institution for counter-terrorism efforts is to uniformly release it.

　　Units and individuals must not fabricate or disseminate false information on terrorist incidents; must not report or disseminate details of the implementation of terrorist activities that might lead to imitation; must not publish cruel or inhumane scenes from terrorist incidents; and must not report or disseminate information on the identity of on-site personnel and hostages and the circumstances of response and handling actions in the course of responding to terrorist incidents, except where the news media have been approved by the leading institution for counter-terrorism efforts responsible for releasing information.

　　Article 64

　　After the response to terrorist incidents is completed, all levels of people's government shall organize relevant departments to help affected units and individuals resume their lives and production as soon as possible, and stabilize social order and public sentiment in the affected areas.

　　Article 65

　　Local people's governments shall promptly provide appropriate assistance to victims of terrorist incidents and their close relatives, and promptly provide basic livelihood guarantees to victims who have lost their basic living conditions and their close relatives. Departments in charge of health, medical security, and so forth shall provide psychological and medical assistance to victims of terrorist incidents and their close relatives.

　　Article 66

　　Public security organs shall promptly file and investigate terrorist incidents, ascertain the causes, processes, and results of the incidents, and pursue the criminal responsibility of terrorist organizations and individuals in accordance with law.

　　Article 67

　　The leading institution for counter-terrorism efforts shall conduct a comprehensive analysis, summary, and assessment of the occurrence of terrorist incidents and efforts to respond to and handle them, propose measures to improve prevention and response, and report to the leading institution for counter-terrorism efforts at the level above.

　　Chapter VII International Cooperation

　　Article 68

　　The People's Republic of China is cooperating with other countries, regions, and international organizations in counter-terrorism on the basis of international treaties concluded or acceded to, or in accordance with the principle of equality and reciprocity.

　　Article 69

　　On behalf of the Chinese Government, the relevant departments of the State Council carry out counter-terrorism policy dialogue, intelligence and information exchange, law enforcement cooperation, and international fund supervision and control cooperation with foreign governments and relevant international organizations on behalf of the Chinese Government.

　　On the premise of not violating mainland laws, local people's governments at or above the county level in border areas and their competent departments may, with the approval of the State Council or relevant central departments, carry out counter-terrorism intelligence information exchanges, law enforcement cooperation, and international fund supervision cooperation with neighboring countries or regions.

　　Article 70

　　Criminal justice assistance, extradition, and transfer of sentenced persons involved in crimes involving terrorist activities are to be enforced in accordance with relevant legal provisions.

　　Article 71

　　After reaching an agreement with the relevant country and reporting to the State Council for approval, the State Council's public security department and state security department may send personnel out of the country to carry out counter-terrorism tasks.

　　The Chinese People's Liberation Army and the Chinese People's Armed Police Force shall send personnel out of the country to carry out counter-terrorism tasks, with the approval of the Central Military Commission.

　　Article 72

　　Materials obtained through international cooperation on counter-terrorism may be used as evidence in administrative punishments and criminal proceedings, except where we promise not to use them as evidence.

　　Chapter VIII: Safeguard Measures

　　Article 73

　　The State Council and all levels of local people's government at the county level or above shall, in accordance with the division of powers, separately include counter-terrorism efforts in the fiscal budgets of the same level.

　　The state is to give necessary financial support to key areas for counter-terrorism, and to provide financial guarantees for responding to and handling large-scale terrorist incidents.

　　Article 74

　　Public security organs, state security organs and relevant departments, as well as the Chinese People's Liberation Army and the Chinese People's Armed Police Force, shall, in accordance with their duties prescribed by law, establish specialized counter-terrorism forces, strengthen professional training, and equip them with necessary specialized counter-terrorism equipment and facilities.

　　People's governments at the county and township levels, as needed, are to guide relevant units, villagers' committees, and residents' committees in establishing counter-terrorism efforts and volunteer teams, to assist and cooperate with relevant departments in carrying out counter-terrorism efforts.

　　Article 75

　　Persons who are disabled or killed as a result of performing counter-terrorism duties or assisting or cooperating with relevant departments in carrying out counter-terrorism efforts are to be given corresponding treatment in accordance with relevant state provisions.

　　Article 76

　　Where the personal safety of the person or his close relatives is endangered as a result of reporting and stopping terrorist activities, testifying in a case of terrorist activities, or engaging in counter-terrorism efforts, the public security organs and relevant departments shall employ one or more of the following protective measures upon application by the person or their close relatives:

　　(1) Not disclosing personal information such as real names, addresses, and work units;

　　(2) Prohibiting specific persons from contacting protected persons;

　　(3) Employing special protective measures for persons and residences;

　　(4) Change the name of the protected person, and rearrange their residence and work unit;

　　(5) Other necessary protective measures.

　　In accordance with the provisions of the preceding paragraph, public security organs and relevant departments shall employ measures not to disclose the true name and address of the protected unit, prohibit specific persons from approaching the protected unit, and employ special protective measures for the protected unit's office and business premises, as well as other necessary protective measures.

　　Article 77

　　The State encourages and supports counter-terrorism scientific research and technological innovation, and develops and popularizes the use of advanced counter-terrorism technologies and equipment.

　　Article 78

　　Public security organs, state security organs, the Chinese People's Liberation Army, and the Chinese People's Armed Police Force may, in accordance with relevant State provisions, requisition the property of units and individuals due to urgent needs in the performance of counter-terrorism duties. After the completion of the task, it shall be returned or restored to its original state in a timely manner, and corresponding expenses shall be paid in accordance with regulations;

　　Where the lawful rights and interests of relevant units and individuals are harmed as a result of carrying out counter-terrorism efforts, compensation or compensation shall be given in accordance with law. Relevant units and individuals have the right to request compensation and compensation in accordance with law.

　　Chapter IX: Legal Responsibility

　　Article 79

　　Anyone who organizes, plans, prepares, or carries out terrorist activities, advocates terrorism, incites the commission of terrorist activities, illegally possesses items advocating terrorism, compels others to wear clothing or symbols that promote terrorism in public places, organizes, leads, or participates in terrorist organizations, and provides assistance to terrorist organizations, terrorist personnel, or terrorist activities or terrorist activities training, shall be pursued for criminal responsibility in accordance with law.

　　Article 80

　　Those who participate in any of the following activities, where the circumstances are minor and do not constitute a crime, are to be detained for between 10 and 15 days by the public security organs, and may be concurrently fined up to 10,000 RMB:

　　(1) Advocating terrorism or extremism, or inciting the commission of terrorist or extremist activities;

　　(2) Producing, disseminating, or illegally possessing items advocating terrorism or extremism;

　　(3) Forcing others to wear clothing or symbols advocating terrorism or extremism in public places;

　　(4) Providing support, assistance, or facilitation such as information, funds, materials, labor, technology, or venues for advocating terrorism or extremism or carrying out terrorist or extremist activities.

　　Article 81

　　Where extremism is exploited to carry out any of the following acts, where the circumstances are minor and do not constitute a crime, the public security organs are to detain them for between 5 and 15 days, and may concurrently give a fine of up to 10,000 RMB:

　　(1) Forcing others to participate in religious activities, or forcing others to provide property or labor to religious activity sites or religious professionals;

　　(2) Using methods such as intimidation or harassment to drive persons of other nationalities or beliefs from their place of residence;

　　(3) Using methods such as intimidation or harassment to interfere with others' interactions or co-living with other ethnic groups or persons of other beliefs;

　　(4) Interfering with others' living customs, methods, production and business operations by means such as intimidation or harassment;

　　(5) Obstructing the lawful performance of duties by the staff of state organs;

　　(6) Distorting or slandering national policies, laws, or administrative regulations, or inciting or instigating resistance to the lawful management of the people's government;

　　(7) Inciting or coercing the public to damage or intentionally destroy resident identity cards, household registration books, and other national legally-prescribed documents, as well as the renminbi;

　　(8) Inciting or coercing others to use religious ceremonies to replace marriage or divorce registration;

　　(9) Inciting or coercing minors not to receive compulsory education;

　　(10) Other exploits of extremism to undermine the implementation of the national legal system.

　　Article 82

　　Where they clearly know that others have committed terrorist activities or extremist crimes, harbor or shield them, and the circumstances are minor and do not constitute a crime, or where they refuse to provide it when the judicial organs investigate the relevant circumstances or collect relevant evidence, the public security organs are to detain them for between 10 and 15 days and may give a concurrent fine of up to 10,000 RMB.

　　Article 83

　　Where financial institutions and designated non-financial institutions fail to immediately freeze the funds or other assets of terrorist organizations and terrorist personnel announced by the offices of the leading institutions for counter-terrorism efforts, the public security organs are to impose a fine of between 200,000 and 500,000 RMB, and a fine of up to 100,000 RMB on the directors, senior managers, and other directly responsible personnel; Senior managers and other directly responsible personnel are to be fined between 100,000 and 500,000 RMB, and may be detained concurrently for between 5 and 15 days.

　　Article 84

　　Telecommunications business operators, In any of the following circumstances, the competent departments are to give a fine of between 200,000 and 500,000 RMB, and a fine of up to 100,000 RMB to the directly responsible managers and other directly responsible personnel;

　　(1) Failure to provide technical support and assistance to public security organs or state security organs in lawfully preventing or investigating terrorist activities, such as technical interfaces and decryption, in accordance with provisions;

　　(2) Failure to follow the requirements of the competent departments to stop the transmission or deletion of information containing terrorist or extremist content, store relevant records, and close down relevant websites or services;

　　(3) Failure to implement network security, information content oversight systems, and security technical precautionary measures, resulting in the transmission of information containing terrorist or extremist content, where the circumstances are serious.

　　Article 85

　　In any of the following circumstances, the competent department shall impose a fine of between 100,000 and 500,000 RMB, and impose a fine of not more than 100,000 RMB on its directly responsible managers and other directly responsible personnel:

　　(1) Failing to implement a security inspection system to check the identity of customers, or failing to conduct security inspections or unseal inspections of transportation or delivery items in accordance with regulations;

　　(2) Transporting or delivering items that are prohibited from transportation or delivery, where there are major potential safety hazards, or where the customer refuses to conduct security inspections;

　　(3) Failure to implement a registration system for the identity and information of customers for transportation and delivery.

　　Article 86

　　Telecommunications, Internet, and financial business operators and service providers fail to verify the identity of customers in accordance with regulations, or conduct unclear or Where corrections are refused, a fine of between 200,000 and 500,000 RMB is to be given, and a fine of up to 100,000 RMB is to be given to the directly responsible managers and other directly responsible personnel, and where the circumstances are serious, a fine of between 500,000 and 500,000 RMB is to be given, and a fine of between 100,000 and 500,000 RMB is to be imposed on the directly responsible managers and other directly responsible personnel.

　　Where business operators or service providers such as for lodging, long-distance passenger transport, and motor vehicle leasing have the circumstances provided for in the preceding paragraph, the competent departments are to give a fine of between 100,000 and 500,000 RMB, and the directly responsible managers and other directly responsible personnel are to be fined up to 100,000 RMB.

　　Article 87

　　In any of the following circumstances, the competent department shall give a warning and order corrections;

　　(1) Failing to follow provisions to make electronic tracking markers for firearms and other weapons, ammunition, controlled instruments, hazardous chemicals, civilian explosives, and nuclear and radioactive items, and adding security inspection and tracer markers to civilian explosives;

　　(2) Failing to monitor the means of transport of hazardous chemicals, civil explosives, and nuclear and radioactive materials in operation through the positioning system in accordance with regulations;

　　(3) Failure to carry out strict supervision and management of infectious disease pathogens and other substances in accordance with regulations, and the circumstances are serious;

　　(4) Violating the control or trading restriction measures decided by the relevant competent departments of the State Council or provincial-level people's governments on controlled instruments, hazardous chemicals, or civil explosives.

　　Article 88

　　In any of the following circumstances, the public security organs are to give warnings and order corrections, and where corrections are to be refused, a fine of up to 100,000 RMB is to be given, and a fine of up to 100,000 RMB is to be imposed on the directly responsible managers and other directly responsible personnel:

　　(1) Failure to formulate plans and measures to prevent and respond to terrorist activities;

　　(2) Failure to establish a system for guaranteeing special funds for counter-terrorism efforts, or failure to allocate equipment or facilities for prevention and handling;

　　(3) Failure to implement a working body or responsible personnel;

　　(4) Failing to conduct safety background checks on personnel in important positions, or failing to adjust the positions of personnel with unsuitable circumstances;

　　(5) Failing to provide security personnel and corresponding equipment and facilities for public transport vehicles in accordance with regulations;

　　(6) Failure to establish management systems for on-duty monitoring, information storage and use, operation and maintenance, and other such management systems for public security video image information systems.

　　Where units undertaking large-scale activities and units managing key targets fail to follow provisions to conduct safety inspections of personnel, items, and means of transportation entering key targets such as large-scale event venues, airports, railway stations, docks, urban rail transit stations, highway long-distance passenger stations, and ports, the public security organs shall order corrections;

　　Article 89

　　Where persons suspected of terrorist activities violate the restraint measures ordered by the public security organs to comply with, the public security organs are to give warnings and order them to make corrections;

　　Article 90

　　Where news media and other units fabricate or disseminate false information on terrorist incidents, report or disseminate details of terrorist activities that might lead to imitation, publish cruel or inhumane scenes from terrorist incidents, or report or disseminate information on the identities of on-site personnel and hostages and the circumstances of the response and disposition without approval, the public security organs are to give a fine of up to 200,000 RMB, and the directly responsible managers and other directly responsible personnel are to be detained for between 5 and 15 days, and may be concurrently fined up to 50,000 RMB.

　　Where individuals have the conduct provided for in the preceding paragraph, the public security organs are to detain them for between 5 and 15 days, and may concurrently give a fine of up to 10,000 RMB.

　　Article 91

　　Those who refuse to cooperate with relevant departments in carrying out counter-terrorism security precautions, intelligence information, investigations, and response efforts are to be fined up to 2,000 RMB by the competent departments, and where serious consequences are caused, they are to be detained for between 5 and 15 days, and may be concurrently fined up to 10,000 RMB.

　　Where a unit commits the conduct provided for in the preceding paragraph, the competent department is to impose a fine of up to 50,000 yuan, and where serious consequences are caused, a fine of up to 100,000 yuan is to be given, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

　　Article 92

　　Where relevant departments are obstructed from carrying out counter-terrorism efforts, the public security organs are to detain them for between 5 and 15 days, and may concurrently give a fine of up to 50,000 RMB.

　　Where units have conduct provided for in the preceding paragraph, the public security organs are to give a fine of up to 200,000 RMB, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

　　Those who obstruct the people's police, the People's Liberation Army, or the people's armed police from lawfully performing their duties are to be given a heavier punishment.

　　Article 93

　　Where a unit violates the provisions of this Law and the circumstances are serious, the competent department shall order it to stop engaging in relevant business, provide relevant services, or order it to suspend production and business;

　　Article 94

　　Where the staff of the leading institution for counter-terrorism efforts or relevant departments abuse their authority, derelict their duties, twist the law for personal gain, or leak state secrets, commercial secrets, or personal privacy in violation of regulations, and it constitutes a crime, criminal responsibility shall be pursued in accordance with law;

　　Where the leading institution for counter-terrorism efforts, relevant departments, and their staffs abuse their authority, derelict their duties, twist the law for personal gain, or engage in other violations of law or discipline in counter-terrorism efforts, all units or individuals have the right to report or make accusations to the relevant departments. After the relevant departments receive a report or accusation, they shall promptly handle it and respond to the person making the report or accusation.

　　Article 95

　　Where items or funds that have been sealed, seized, frozen, detained, or confiscated in accordance with the provisions of this Law are found to be unrelated to terrorism upon review, the relevant measures shall be promptly lifted and returned.

　　Article 96

　　Where relevant units and individuals are dissatisfied with decisions on administrative punishments or administrative compulsory measures made in accordance with this Law, they may apply for administrative reconsideration or initiate an administrative lawsuit in accordance with law.

　　Chapter X: Supplementary Provisions

　　Article 97

　　This Law shall come into force on January 1, 2016. The "Decision of the Standing Committee of the National People's Congress on Issues Concerning Strengthening Counter-Terrorism Work" adopted at the 23rd Session of the Standing Committee of the Eleventh National People's Congress on October 29, 2011 shall be repealed at the same time.