Land Border Law of the People’s Republic of China-2021

Translated

(Adopted at the 31st meeting of the Standing Committee of the 13th National People’s Congress on October 23, 2021)

EFFECTIVE DATE: January 1, 2022.

Order of the President of the People’s Republic of China

Number ninety-ninth

The Land Border Law of the People’s Republic of China was adopted by the 31st meeting of the Standing Committee of the 13th National People’s Congress of the People’s Republic of China on October 23, 2021, and is hereby promulgated as of January 1, 2022 Implement.

Xi Jinping, President of the People’s Republic of China

October 23, 2021

Summary and Reason

The enactment of the Land Border Law is a requirement for implementing Jinping’s rule of law and advancing legislation in important fields. General Secretary Xi Jinping pointed out at the Central Committee’s Work Conference on Comprehensive Rule of Law that we must persist in building a socialist rule of law system with Chinese characteristics, actively promote legislation in important areas such as national security and foreign-related rule of law, and improve the legal system urgently needed for national governance. China’s land borders are about 22,000 kilometers long, and 9 border provinces and regions are bordered by 14 land neighbors. At the national level, China has never had a top-level design, management system, and legal responsibility for the overall regulation of national border work. There is an urgent need to formulate a special law on land borders and improve the urgently needed legal system for border governance.

The main contents are as follows:

Chapter One is the “General Provisions”, with 15 articles. Including: legislative purpose and basis, scope of adjustment, definition of land borders, principles of maintaining territorial sovereignty and border security, leadership system, departmental responsibilities, local responsibilities, joint efforts to strengthen border defense, border defense construction and border development, funding guarantees and policy support , The obligations of citizens and organizations, the state’s support for citizens and organizations, foreign relations, and the observance of the principles of treaties.

Chapter Two is “Determination of Land Borders”, with six articles. Including: delimitation and demarcation of national boundaries, joint inspection of national boundaries, adjustment of national boundaries, boundary markings, etc.

The third chapter is “the defense of land borders and borders”, which has four articles. Including: border defense control, border restricted areas, border defense infrastructure, etc.

The fourth chapter is “the management of land borders and borders”, with 16 articles. Including: managing boundary markers, maintaining clear and stable national boundaries, protecting and utilizing water resources in boundary rivers, regulating the management of border ports, border crossings, border management areas, special border areas, managing and handling exit and entry behaviors, activities entering the boundary river, and aircraft flying over the border As well as illegal cross-border behaviors, regulate certain restricted or prohibited behaviors that affect the order of national borders and border management, protect the border ecological environment, prevent border epidemics and disasters, and seal borders under certain circumstances.

Chapter 5 is “International Cooperation in Land Border Affairs”, with nine articles. Including: joint mechanisms, border (frontier defense) representatives, border defense cooperation, cooperation in combating cross-border crimes, cooperation in combating the “three forces”, construction of cross-border cooperation areas and closed construction areas for cross-border facilities, economic exchanges and cultural exchanges and cooperation Wait.

Chapter 6 is “Legal Liability”, with four articles. Including: the actions and penalties that need to be dealt with by invoking relevant laws, the actions and penalties that need to be dealt with by this law, the legal responsibilities and criminal responsibilities of state agencies and their staff.

The seventh chapter is the “Supplementary Provisions”, there are two, including the description or meaning of relevant terms, and the effective date of this law.


contents

Chapter 1 General Provisions

Chapter II Delineation and Appraisal of Land Boundaries

Chapter III: Defence of Land Borders and Borders

Chapter IV Management of Land Borders and Borders

    Section 1 General Provisions

    Section 2 Land Border Management

    Section 3 Border Management

Chapter V International Cooperation on Land Frontier Affairs

Chapter VI Legal Responsibilities

Chapter VII Supplementary Provisions


Chapter 1 General Provisions

Article 1   In order to standardize and strengthen the work of land borders, ensure the security and stability of land borders and borders, promote good-neighborly friendship and exchanges and cooperation between our country and land neighbors, and safeguard national sovereignty, security and territorial integrity, this law is formulated in accordance with the Constitution.

Article 2   This Law shall apply to the delineation and demarcation of land borders of the People’s Republic of China, the defense, management and construction of land borders and borders, and international cooperation in land border affairs.

Article 3   Land borders refer to the boundaries that demarcate the territorial land and internal waters of the People’s Republic of China and its neighboring countries on land. Land borders vertically divide the airspace and subsoil between the People’s Republic of China and its land neighbors.

The area within a certain range inside the land border of the People’s Republic of China is the border.

Article 4   The sovereignty and territorial integrity of the People’s Republic of China are sacred and inviolable.

The state takes effective measures to resolutely safeguard territorial sovereignty and land border security, and prevent and crack down on any actions that damage territorial sovereignty and destroy land borders.

Article 5- The state exercises unified leadership over land border work.

Article 6 -The Ministry of Foreign Affairs is responsible for foreign affairs related to land borders, participates in the management of land borders, takes the lead in conducting foreign negotiations, contracting, performance and international cooperation, handling problems that need to be resolved through diplomatic channels, and organizing the maintenance and management of borders and landmarks.

The public security department of the State Council is responsible for public security work in border areas, guides and supervises border public security organs to strengthen social security management, and prevent and crack down on border illegal and criminal activities.

The General Administration of Customs is responsible for the supervision and management of entry and exit at border ports, etc., and organizes the implementation of customs supervision and quarantine of entry and exit transportation vehicles, goods, articles, and personnel in accordance with the law.

The national immigration management department is responsible for immigration management in border areas, and organizes and implements entry and exit border inspections, management of border residents, and border management in border areas in accordance with the law.

Other relevant departments of the State Council shall exercise their powers and carry out related work in accordance with their respective division of responsibilities.

Article 7- Under the leadership of the Central Military Commission, relevant military agencies organize, guide, and coordinate the defense management and control of land borders and borders, maintaining social stability, handling emergencies, border defense cooperation, and related work.

The Chinese People’s Liberation Army and the Chinese People’s Armed Police Force, in accordance with their respective tasks, guard and guard land borders, resist armed aggression, deal with major emergencies and terrorist activities on land borders and borders, and cooperate with or assist local authorities to prevent, stop and combat illegal border crossings. Defend the security and stability of land borders and borders.

Article 8. The people’s congresses at all levels and their standing committees of the border provinces and autonomous regions shall ensure the observance and implementation of laws and regulations related to land borders and borders within their respective administrative regions.

The people’s governments at all levels of border provinces and autonomous regions shall administer land borders and border-related work within their administrative regions in accordance with laws and regulations.

Article 9:  Relevant military and local departments and units rely on relevant coordination agencies to jointly promote strong border defense, organize and carry out border defense control, border defense infrastructure construction and maintenance management, and jointly maintain the security, stability and normal order of land borders and borders .

Article 10- The  state shall take effective measures to strengthen border defense construction, support the economic and social development of the border and open up to the outside world, promote the action of strengthening the border and enriching the people of the border, improve the level of border public services and infrastructure construction, improve the production and living conditions of the border, and encourage and support border residents in Border production and life, and promote the coordinated development of border defense construction and border economy and society.

Article 11: The state strengthens publicity and education on land borders, solidifies the sense of community of the Chinese nation, promotes the spirit of the Chinese nation to defend the unity and territorial integrity of the motherland, strengthens citizens’ awareness of the country and national security, and builds a common spiritual home for the Chinese nation.

People’s governments at all levels and relevant educational and scientific research institutions shall strengthen the collection, protection and research of historical materials related to land borders and borders.

Citizens and organizations discovering land borders and relevant historical materials, historical relics and objects on the borders shall promptly report to or submit to relevant state departments in accordance with the law.

Article 12 The   State guarantees funding for work on land and borders.

The State Council and the people’s governments at and above the county level in border provinces and autonomous regions shall incorporate land borders and border related work into national economic and social development plans.

Article 13: Citizens and organizations shall maintain the security and stability of land borders and borders, protect boundary markers and border defense infrastructure, and cooperate and assist in carrying out work related to land borders.

The state encourages and supports citizens and organizations that cooperate and assists in carrying out work related to land borders, and commends and rewards citizens and organizations that have made outstanding contributions in accordance with relevant regulations.

Article 14- The People’s Republic of China abides by treaties concerning land border affairs concluded with or jointly participated in with foreign countries.

Article 15: The state adheres to the principles of equality, mutual trust, and friendly consultation, and handles land borders and related matters with land neighbors through negotiations, and properly resolves disputes and border issues left over from history.

Chapter II Delineation and Appraisal of Land Boundaries

Article 16- The state and its land neighbors negotiate and conclude a treaty delimiting land borders, stipulating the direction and location of land borders.

A treaty delimiting a land border shall be approved by the State Council in accordance with the law and submitted to the Standing Committee of the National People’s Congress for approval, and approved by the President of the People’s Republic of China in accordance with the decision of the Standing Committee of the National People’s Congress.

Article 17- The state and its land neighbors shall, in accordance with the demarcation treaty, delineate land borders on the spot and conclude demarcation treaties.

Boundary demarcation treaties shall be approved by the State Council in accordance with legal provisions.

Article 18- In order to maintain clear and stable national boundaries, the state and relevant land neighbors conduct joint inspections of land borders and conclude joint inspection treaties.

Article 19- When a major change occurs in the natural geographic environment on which the land borders are determined, which cannot be restored to their original state, the state may negotiate with land neighbors to re-determine the land borders.

Article 20- The state shall set up boundary markers to mark land borders on the spot.

The location, types, specifications, materials and installation methods of the landmarks shall be determined by the Ministry of Foreign Affairs and the relevant departments of the land neighboring countries through consultation.

Article 21- The specific tasks such as the delineation, surveying, joint inspection and setting of boundary markers on land borders shall be organized and implemented by the Ministry of Foreign Affairs in conjunction with relevant departments of the State Council, relevant military agencies and relevant border provinces and autonomous regions in accordance with the law.

Chapter III: Defence of Land Borders and Borders

Article 22- The Chinese People’s Liberation Army and the Chinese People’s Armed Police Force shall carry out border defense duties, control, organize exercises and surveys and other activities at the border, resolutely prevent, stop and combat invasion, cannibalization, infiltration, provocation and other acts, and guard land borders , To maintain border security and stability.

Article 23:   The people’s governments at all levels of border provinces and autonomous regions coordinate the allocation of resources, strengthen the construction of mass defense teams to maintain national border security, and support and cooperate with border defense duties and control work.

The people’s governments at all levels of border provinces and autonomous regions should make overall plans and take into account the needs of land borders and border defense in the construction of infrastructure.

Citizens and organizations should support border defense duties and control activities, and provide them with facilities or other assistance.

Article 24- According to the needs of border defense control, the state may delimit border restricted areas and set up warning signs in specific areas close to the land borders to prohibit entry of irrelevant personnel.

The delimitation of border restricted areas shall take into account economic and social development, natural resources and ecological environment protection, and the production and life of residents. The relevant military agencies, together with the people’s governments of the border provinces and autonomous regions, shall propose a plan, and after soliciting opinions from the relevant departments of the State Council, report to the State Council and the Central Military Commission for approval .

The modification or cancellation of the frontier restricted area shall be handled in accordance with the procedures prescribed in the preceding paragraph.

Article 25   According to the needs of land borders and border defense, the state may build border defense infrastructures such as barriers, traffic, communications, monitoring, security, defense and auxiliary facilities inside the land borders, or negotiate with land neighbors in the land country. Construction of obstruction facilities along the boundary.

The construction and maintenance of border defense infrastructure shall, while ensuring national sovereignty, security and territorial integrity, take into account the needs of economic and social development, natural resources and ecological environment protection, wildlife migration, and residents’ production and life, and shall not damage land borders and border defense infrastructure. Effective management and control of territories between facilities.

The construction plan for border defense infrastructure is approved by the State Council and the Central Military Commission.

Chapter IV Management of Land Borders and Borders

Section 1 General Provisions

Article 26: The   state implements overall coordination, division of labor, and management in accordance with the law for the management of land borders and borders and related construction.

Article 27   Land borders and border management shall ensure the clarity, security and stability of land borders.

Article 28 The   establishment of cross-border cooperation areas such as economy, trade, tourism, etc. or the development of cross-border cooperation activities in border areas in accordance with the provisions of this law shall meet the requirements of border defense control and shall not endanger the security of border defenses.

Article 29:   When there are important situations and major problems in the management of land borders and borders, the relevant local people’s governments and military agencies shall immediately report to the higher authorities in accordance with regulations.

Article 30- The border provinces and autonomous regions may formulate local laws and regulations and local government rules according to the specific conditions and actual needs of their administrative regions, and make provisions on the implementation of land borders and border management issues.

Article 31- A country may conclude treaties with relevant land neighboring countries to provide for land borders and border management systems. If the treaty has other provisions on land borders and border management systems, they shall be implemented in accordance with the provisions of the treaty.

Section 2 Land Border Management

Article 32   Boundaries and border defense infrastructure are protected by law.

No organization or individual may move or damage boundary markers and border defense infrastructure without authorization.

If the landmark is moved, damaged or lost, the Ministry of Foreign Affairs shall organize restoration, repair or reconstruction after consultation with the relevant departments of the land neighboring country.

Article 33 In   order to keep the land borders clearly visible, the state may open up and clear sightlines inside the land borders.

Article 34 The   relevant departments of the State Council and the people’s governments at all levels of border provinces and autonomous regions shall take measures to maintain the stability of boundary rivers (river and lake), and protect and rationally use boundary water in accordance with relevant treaties.

Ships and personnel who need to enter the boundary river (river, lake) for activities shall be approved or filed by the relevant competent department, reported to the public security organ, and subject to inspection.

Article 35 The   state may, after consultation with its land neighbors, establish border ports at appropriate locations close to the land borders.

The establishment, closure and management of border ports shall be determined in accordance with laws, regulations and relevant treaties, and the land neighbors shall be notified through diplomatic channels.

Article 36   Relevant departments of the State Council may establish and regulate the management of border residents through consultation with relevant departments of land neighboring countries or in accordance with the needs of catering for border residents and maintaining border security and stability.

Article 37:   Personnel, transportation vehicles, goods, articles, etc. shall exit and enter the country through land borders in accordance with relevant laws and regulations, and shall be subject to inspection, quarantine and supervision by relevant competent authorities.

Under special circumstances, through the conclusion of a treaty or through diplomatic channels or after consultations with competent authorities, relevant personnel, means of transportation, goods, articles, etc. shall exit and enter the country from places approved by the State Council, the Central Military Commission or their authorized departments.

Article 38 It is   forbidden for any individual to illegally cross the border.

After the illegal cross-border personnel are controlled, they shall be handled by the public security organs and other competent departments; if the illegal cross-border personnel are members of the armed forces, they shall be handled by the relevant military agencies.

Where illegal cross-border personnel commit crimes, resist arrest, or commit other violent acts, endangering the personal and property safety of others, law enforcement personnel on duty may use police equipment and weapons in accordance with the law.

Article 39 When an   aircraft flies over land borders, it shall be approved by the relevant competent authority and abide by the laws and regulations of China. In case of flying over land borders without approval, the relevant competent authority shall take necessary measures to deal with it.

No organization or individual may control unmanned aircraft flying near land borders without the approval of the relevant competent authority. For the flight activities of model aircraft, delta wings, and unmanned free balloons, refer to the management of unmanned aircraft.

Article 40   No organization or individual may construct permanent buildings near land borders without the approval of relevant competent authorities.

Article 41:   No organization or individual may engage in activities that endanger national security or affect China’s friendly relations with neighboring countries by means of sound, light, display of markers, throwing or passing objects, or placing floating objects or floating objects near land borders. Activity.

Suspicious items such as floating objects or floating objects that individuals salvage or pick up at or near land borders shall be handed over to the local people’s government or relevant military agencies in a timely manner, and shall not be disposed of without authorization.

Section 3 Border Management

Article 42 The   state may delimit border management areas in accordance with the needs of border defense management. The passage and residence of personnel in border management areas shall be subject to special management measures in accordance with relevant state regulations.

The delimitation, modification, and cancellation of border management areas shall be proposed by the people’s governments of the border provinces and autonomous regions, and shall be submitted to the State Council for approval and announcement after consulting the relevant departments of the State Council and relevant military agencies.

Article 43- The   state supports the construction of border towns, completes the border town system, perfects the functions of border towns, and strengthens support capacity building.

Article 44- The   relevant departments of the State Council and the people’s governments of border provinces and autonomous regions may construct or approve the establishment of border trade zones (points), border economic cooperation zones and other areas in accordance with relevant regulations.

Article 45- The   relevant departments of the State Council and the people’s governments at all levels of border provinces and autonomous regions shall take measures to protect the border ecological environment, prevent ecological damage, and prevent and control air, water, soil and other pollution.

Article 46:   Relevant departments of the State Council and the people’s governments at all levels of border provinces and autonomous regions shall take measures to prevent infectious diseases, animal and plant epidemics, invasions of alien species, floods, fires, etc. from entering or spreading across land borders.

Article 47- In   any of the following circumstances, the state may seal borders, close ports, and take other emergency measures in accordance with relevant laws and regulations:

(1) Wars or armed conflicts in the surrounding areas may affect the security and stability of the country’s border defense;

(2) Major incidents that seriously threaten national security or the personal and property safety of border residents;

(3) The border is seriously threatened by natural disasters, accidents, public health incidents or nuclear, biological and chemical pollution;

(4) Other situations that seriously affect the security and stability of land borders and borders.

The measures specified in the preceding paragraph shall be organized and implemented by relevant departments of the State Council, relevant military agencies and local people’s governments in accordance with relevant laws and regulations.

Chapter V International Cooperation on Land Frontier Affairs

Article 48: The   state conducts international cooperation with its land neighbors in accordance with the principle of equality and mutual benefit, handles land border affairs, promotes security cooperation, and deepens mutual benefit and win-win results.

Article 49 -A country may negotiate with relevant land neighbors to establish a joint border committee mechanism to guide and coordinate relevant international cooperation, implement relevant treaties, and negotiate and handle important matters related to land border management.

Article 50   Relevant military agencies may establish border defense cooperation mechanisms with relevant departments of land neighboring countries, communicate and negotiate major issues and issues in border defense exchanges and cooperation, and negotiate and handle border defense-related matters by establishing border defense talks and meetings with relevant border defense agencies of land neighboring countries. , To consolidate and develop good-neighborly and friendly relations, and jointly maintain the security and stability of land borders.

Article 51- A country may negotiate with relevant land neighbors to establish a border (border defense) representative mechanism in the corresponding border areas, which is composed of representatives, deputy representatives and relevant staff, and handles border incidents and daily routines through talks, meetings, and joint investigations. Disputes and other issues.

The specific work of border (frontier defense) representatives is under the guidance of relevant departments of the State Council and the Central Military Commission, organized and implemented by the Chinese People’s Liberation Army in conjunction with foreign affairs, public security, immigration and other relevant departments.

Article 52:   Public security, customs, immigration and other departments may establish cooperation mechanisms with relevant departments of land neighboring countries, exchange information, carry out law enforcement cooperation, and jointly prevent and combat cross-border illegal and criminal activities.

Article 53:   Relevant state authorities and relevant military agencies may cooperate with relevant departments of land neighboring countries to jointly combat terrorism, separatism, and extremist activities.

Article 54: The state enhances the level of facilitation of border opening to the outside world, and optimizes the business environment in border areas; after consultation with land neighbors, it can establish cross-border economic cooperation zones, cross-border tourism cooperation zones, ecological protection zones, etc. area.

The state and its land neighbors jointly build and maintain cross-border facilities, and can set up temporary closed construction areas inside the land borders.

Article 55:   People’s governments at or above the county level in border provinces and autonomous regions may, in accordance with relevant state regulations, cooperate with the local governments of the corresponding administrative regions of land neighbors in the fields of economy, tourism, culture, sports, emergency rescue and disaster relief, and ecological environment.

Article 56:   Relevant departments of the State Council may cooperate with relevant departments of land neighboring countries in the fields of port construction and management, natural resource utilization, ecological environment protection, epidemic prevention and control, emergency management, etc., to establish mutual notification, information sharing, technology and talents Cooperation mechanisms such as exchanges.

People’s governments at or above the county level in border provinces and autonomous regions may participate in relevant cooperation mechanisms and undertake specific cooperation tasks under the guidance of relevant state authorities.

Chapter VI Legal Responsibilities

Article 57 Anyone who violates the second paragraph of Article 32 of this law shall be punished by the public security organs in accordance with the relevant provisions of the “Public Security Administration Punishment Law of the People’s Republic of China” and the “Military Installations Protection Law of the People’s Republic of China.” Where boundary markers or border defense infrastructure are damaged, the perpetrator shall be ordered to compensate for the loss.

Anyone who violates the second paragraph of Article 34 or one of the provisions of Article 41 of this law shall be given a warning or a fine of less than two thousand yuan by the public security organ; if the circumstances are serious, he shall be detained for less than five days or more than two thousand yuan Fines below 10,000 yuan.

Article 58- Anyone who violates the provisions of Article 37, Paragraph 1 of Article 38, or Article 39 of this Law shall be punished by the relevant departments in accordance with relevant laws and regulations in accordance with the division of responsibilities.

Anyone who violates the provisions of Article 40 of this law shall be ordered by the relevant competent authority to stop the illegal act, restore the original status, and impose a fine of not less than 5,000 yuan but not more than 20,000 yuan; if the circumstances are serious, a fine of not less than 20,000 yuan but not more than 50,000 yuan shall be imposed. Any unit that violates the provisions of this article shall be fined 50,000 yuan up to 200,000 yuan.

Anyone who violates the second paragraph of Article 34, paragraph 2 of Article 39 or Article 41 of this law may also seize the tools used to implement violations of land borders and border management.

Article 59:   Where state organs and their staff fail to perform their statutory duties, leak state secrets, abuse their powers, neglect their duties, or engage in malpractices for personal gains, the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the law.

Article 60- Anyone who violates the provisions of this law and constitutes a crime shall be investigated for criminal responsibility in accordance with the law.

Chapter VII Supplementary Provisions

Article 61   Landmarks refer to signs that are erected on or on both sides of land borders to indicate the direction of land borders on the spot, and whose geographic coordinates have been determined and recorded in the border demarcation treaty or joint inspection treaty, including basic landmarks, Auxiliary landmarks, guides and buoys, etc.

A visibility channel refers to a channel opened within a certain width on both sides of the land border in order to maintain the visibility of the land border.

Article 62   This law shall come into force on January 1, 2022.


%d bloggers like this: