Regulations on the administration of key equipment and facilities for military industry

Article 1 these regulations are formulated for the purpose of maintaining and improving the research and production capacity for national defense, strengthening the management of key military equipment and facilities, and ensuring the safe, complete and effective use of key military equipment and facilities.

Article 2 the term "key military equipment and facilities" as mentioned in these regulations refers to important experimental facilities, technological equipment, test and test equipment and other special military equipment and facilities directly used in the scientific research and production of weapons and equipment.

The list of key military equipment and facilities shall be formulated by the competent department of science, technology and industry for national defense under the State Council in conjunction with the competent department of military weapons and equipment, the state-owned assets supervision and administration agency under the State Council and the relevant departments under the State Council.

Article 3 the state shall implement registration and management of military industry key equipment and facilities, and examine and approve the disposal of military industry key equipment and facilities purchased and constructed with state financial funds and used for scientific research and production of weapons and equipment in general, key subsystems and core supporting products.

Article 4 the competent department of science, technology and industry for national defence under the State Council shall, together with other relevant departments under the State Council, exercise control over key military equipment and facilities throughout the country in accordance with the provisions of these regulations.

The departments responsible for the administration of science, technology and industry for national defence under the people's governments of provinces, autonomous regions and municipalities directly under the central government shall, together with the relevant departments at the same level, administer the relevant key equipment and facilities for military industry in accordance with the provisions of these regulations.

Article 5 the principles of strict responsibility, division of responsibility, convenience and effectiveness shall be observed in the management of key military equipment and facilities.

Article 6 the enterprises and institutions (hereinafter referred to as enterprises and institutions) that possess or use the key equipment and facilities of military industry and their staff shall be obliged to keep confidential the state secrets and trade secrets they know and the departments, units and their staff that are responsible for the management of the key equipment and facilities of military industry.

Article 7 enterprises under the central administration shall be responsible for the registration of key military equipment and facilities of their subordinate units.The competent department of education under the State Council shall be responsible for the registration of key military equipment and facilities of its institutions of higher learning.The Chinese Academy of Sciences is responsible for the registration of key military equipment and facilities of its scientific research institutions.

The departments responsible for the administration of science, technology and industry for national defence under the people's governments of provinces, autonomous regions and municipalities directly under the central government shall be responsible for the registration of key military equipment and facilities of enterprises and institutions other than those mentioned in the preceding paragraph within their respective administrative areas.

Article 8 enterprises and institutions shall, within 30 days from the date of putting into use key military equipment and facilities, submit documents and materials containing the following contents to the departments and units in charge of registration and go through the registration formalities:

(1) the name, domicile and other basic information of the enterprise or institution;

Name, origin, value, performance, status, source of funds, ownership and other basic information of key military equipment and facilities.

Enterprises and institutions shall be responsible for the authenticity of the documents and materials they submit.

Article 9 departments and units responsible for registration shall, within 30 days after receiving the submitted documents and materials, complete the registration and assign special codes to key military equipment and facilities.

Article 10 the competent department of science, technology and industry for national defence under the State Council shall uniformly prescribe and allocate the specific contents and special codes for the registration of key military equipment and facilities.

Article 11 if the key military equipment and facilities possessed or used by an enterprise or institution are damaged, scrapped or lost, or the ownership is changed, the enterprise or institution shall, within 30 days from the date of occurrence of the above facts, report to the department or entity in charge of registration.The departments and units responsible for registration shall timely change the registration information.

Article 12 the department or unit responsible for registration shall, in accordance with the provisions of the competent department for science, technology and industry for national defence under the State Council, submit the registration information to the competent department for science, technology and industry for national defence under the State Council.

The competent department of science, technology and industry for national defence under the State Council and the departments and units in charge of registration may, as required, check the registration information.

Article 13 enterprises and institutions shall establish and perfect the management system for the use of military key equipment and facilities, ensure the safety, integrity and effective use of military key equipment and facilities, and keep a complete record of the name, specifications, performance, status, quantity, ownership and other basic information of the military key equipment and facilities they possess and use.

Article 14 enterprises and public institutions shall, in accordance with the provisions of the competent department of science, technology and industry for national defence under the State Council, delimit the security control areas on the periphery of key military facilities that require special control and set up security alert marks on the outer edges.

Article 15 if an enterprise or institution changes the use of the key military equipment and facilities it possesses or USES, it shall submit relevant documents and materials to the department or unit in charge of registration for supplementary registration.The department or unit in charge of registration shall, in accordance with the provisions of the competent department of science, technology and industry for national defence under the State Council, submit supplementary registration information to the competent department of science, technology and industry for national defence under the State Council.

If an enterprise or institution changes the use of the key military equipment and facilities purchased and built with the financial funds of the state, thereby affecting the accomplishment of the task of scientific research and production of weapons and equipment, the competent department of science, technology and industry for national defense under the State Council shall make timely corrections.

Article 16 the competent department of science, technology and industry for national defense under the State Council shall approve the disposal by enterprises and institutions of key military equipment and facilities purchased and built with the state financial funds for the scientific research and production of overall arms and equipment, key sub-systems and core supporting products by means of transfer or lease.The following documents and materials shall be submitted for approval:

(1) name, quantity, value, performance and use of key military equipment and facilities;

(2) a description of the situation that does not affect the undertaking of the tasks of scientific research and production of weapons and equipment;

(3) reasons and methods of disposal;

Basic information of the assignee or lessee.

Article 17 the competent department of science, technology and industry for national defence under the State Council shall, within 30 days from the date of receiving the application for disposal, make a decision on approval or disapproval.Where an approval decision is made, the competent department of science, technology and industry for national defence under the State Council shall issue an approval document to the applicant;In case of a decision of disapproval, the competent department of science, technology and industry for national defence under the State Council shall notify the applicant in writing and state the reasons.

The competent department of science, technology and industry for national defense under the State Council shall, when making a decision on approval or disapproval, solicit opinions from the competent department of military arms and equipment, the state-owned assets supervision and administration institution under the State Council and the relevant departments under the State Council.In case of adjustment of the capacity, structure and distribution of national defense research and production, a decision of approval or disapproval shall be made in accordance with the relevant regulations of the state, jointly with the competent department of military weapons and equipment, the state-owned assets supervision and administration institution under the State Council and the relevant departments under the State Council.

After obtaining the approval documents, enterprises and institutions shall, in accordance with the provisions of article 11 of these regulations, timely report to the departments and units in charge of registration.

Article 18 of the state-owned assets supervision and administration department and other relevant departments in accordance with statutory duties and procedures decided to enterprises, institutions, merger, division, restructuring, dissolution, bankruptcy and other major issues, involving the use of national fiscal capital construction for weapons and equipment in general, the key subsystem, the core products research and production of military industry key facilities of the ownership change, they shall solicit opinions of the competent department of defense science, technology and industry.

Article 19 if an enterprise or institution fails to register key military equipment and facilities in accordance with the provisions of these regulations, or fails to timely report to the department or unit in charge of registration the damage, abandonment or loss of the key military equipment and facilities it possesses or USES or the change of ownership thereof, it shall be ordered to make corrections within a time limit;If he fails to make corrections within the time limit, he shall be fined not less than 10,000 yuan but not more than 20,000 yuan.

Article 20 where an enterprise or institution submits false documents and materials for registration, it shall be ordered to make corrections and imposed a fine of not less than 10,000 yuan but not more than 20,000 yuan.

Article 21 enterprises and institutions in violation of the provisions of these regulations, use unauthorized disposal and construction of the state financial capital used for weapons and equipment in general, the key subsystem, the core products research and production of key equipment for military facilities, shall be ordered to make corrections within a time limit and impose a fine of less than 500000 yuan of above 1 million yuan, the person in charge directly responsible and other directly responsible personnel to a fine between RMB 20000 yuan and 5000 yuan;Any illegal gains shall be confiscated.

Article 22 where an enterprise or institution obtains approval documents for the disposal of key military equipment and facilities by means of fraud or bribery, it shall be fined not less than 50,000 yuan but not more than 200,000 yuan;The approval documents obtained illegally shall be revoked according to law.

Article 23 the administrative penalties provided for in these regulations shall be decided by the competent department of science, technology and industry for national defence under the State Council.However, the administrative penalties for the illegal ACTS of the enterprises and institutions mentioned in paragraph 2 of article 7 of these regulations as mentioned in article 19 of these regulations shall be decided by the departments responsible for the administration of science, technology and industry for national defence under the people's governments of the provinces, autonomous regions and municipalities directly under the central government.

Article 24 any functionary of the department or unit responsible for the registration and administration of key military equipment and facilities and the examination and approval of the disposal of such equipment and facilities who abuses his power, neglects his duty or engages in malpractice for personal gain shall be punished according to law;If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 25 these regulations shall come into force as of October 1, 2011.