Decision of the Standing Committee of the National People's Congress on Amending the Law of the People's Republic of China on the National Emblem
Decision of the Standing Committee of the National People's Congress on Amending the Law of the People's Republic of China on the National Emblem
(Adopted at the 22nd Meeting of the Standing Committee of the Thirteenth National People's Congress on October 17, 2020)
At its 22nd meeting, the Standing Committee of the Thirteenth National People's Congress decides to revise the Law of the People's Republic of China on the National Emblem as follows:
1. Article 1 is revised to read: "This Law is enacted in accordance with the Constitution to uphold the dignity of the National Emblem, ensure its correct use, enhance citizens' consciousness of the state, advocate patriotism, cultivate and practice core socialist values.
2. The first paragraph of Article 4 is revised to read: "The following organs shall hang the National Emblem:
"(1) the standing committees of the people's congresses at all levels;
"(2) the people's governments at all levels;
"(3) the Central Military Commission;
"(4) the supervisory commissions at all levels;
"(5) the people's courts and the special people's courts at all levels;
"(6) the people's procuratorates and the special people's procuratorates at all levels;
"(7) the Ministry of Foreign Affairs;
"(8) the country's embassies, consulates and other diplomatic missions stationed in other countries; and
"(9) the resident organs of the Central People's Government in the Hong Kong Special Administrative Region and the resident organs of the Central People's Government in the Macao Special Administrative Region."
The second paragraph is deleted.
3. The Subparagraph (1) and (2) of Article 5 are revised to read: "(1) the rostrum of Tian'anmen and the Great Hall of the People in Beijing;
"(2) conference halls of the people's congresses at the county and above levels and their standing committees, and the venues of the people's congresses of towns, ethnic towns and townships".
One subparagraph is added as the Subparagraph (4), which reads: "(4) venues where an oath to the Constitution is taken".
4. The Subparagraph (1) of Article 6 is revised to read: "(1) the Standing Committee of the National People's Congress, the State Council, the Central Military Commission, the National Supervisory Commission, the Supreme People's Court and the Supreme People's Procuratorate".
The Subparagraph (3) is revised to read: "(3) the standing committees of the local people's congresses, the local people's governments, the local supervisory commissions, the local people's courts, the local people's procuratorates at the county and above levels, and the specialized people's courts and the specialized people's procuratorates".
5. One article is added as Article 7, which reads: "The organs as prescribed in Article 6 of this Law shall, at a prominent position on the homepages of their websites, use the design of the National Emblem.
"The official version of the design of the National Emblem used on websites is provided on the website of the National People's Congress and the State Council."
6. Article 7 is changed to be Article 8, and the Subparagraph (2) is revised to read: "(2) envelopes, correspondence paper and invitation cards used in foreign affairs by the President and the Vice-President of the People's Republic of China, the Chairman and the Vice-Chairmen of the Standing Committee of the National People's Congress, the Premier and the Vice-Premiers of the State Council and State Councilors, the Chairman and Vice-Chairmen of the Central Military Commission, the Chairman of the National Supervisory Commission, the President of the Supreme People's Court and the Procurator-General of the Supreme People's Procuratorate in their respective capacities".
7. One article is added as Article 9, which reads: "The design of the National Emblem may be used on the boundary pillars and monuments marking national boundaries, the boundary monuments marking the location of territorial sea base points, and other markers used to indicate national sovereignty.
"The design of the National Emblem may be used on the legal currency issued by the People's Bank of China."
8. One article is added as Article10, which reads: "The design of the National Emblem may be used on the following certificates and licenses:
"(1) work and law enforcement ID cards, or otherwise of the functionaries of state organs;
"(2) business licenses, permits, approval certificates, qualification certificates, and certificates of rights, or otherwise issued by state organs;
"(3) resident identification cards, passports of the People's Republic of China, and other legal entry and exit documents;
"The design of the National Emblem may be used as the core pattern of the emblems of state organs and armed forces;
"Citizens may wear the National Emblem badges on solemn occasions to express their patriotic feelings."
9. Article 10 is changed to be Article 13, and the Subparagraph (1) and (2) are revised to read: "(1) trademarks, designs for which patent rights are granted, and commercial advertisements;
"(2) daily necessities, and furnishings or ornaments in daily life".
10. One article is added as Article 15, which reads: "The National Emblem shall be considered as an important element of education in patriotism. "Primary and secondary schools shall educate students on the history and significance of the National Emblem.
"News media shall actively publicize the knowledge on the National Emblem and guide citizens and organizations to correctly use the National Emblem and the design thereof."
11. Article 12 is changed to be Article 16 and the second paragraph is revised to read: "When it is necessary to hang the National Emblem in uncommon sizes, the National Emblem shall be appropriately scaled up or down in proportion to the sizes of the general standard, and be commensurate with the purposes of use, the buildings where it is hung and the surrounding environment."
12. Article 14 is changed to be Article 17, which reads: "The General Office of the State Council shall make overall plans for and coordinate the work concerning the administration of the National Emblem nationwide. The local people's governments at all levels shall make overall plans for and coordinate the work concerning the administration of the National Emblem within their respective administrative regions.
"The market regulatory departments of the people's governments at all levels shall supervise and administer production and sale of the National Emblem.
"The departments designated by the people's governments at the county level shall supervise and administer the hanging, use and withdrawal of the National Emblem within their respective administrative regions."
The Decision shall go into effect on January 1, 2021.
The Law of the People's Republic of China on the National Emblem shall be promulgated anew after relevant revisions are made and the order of articles is adjusted according to this Decision.
This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.
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This work is in the public domain because it is exempted by Article 5 of Chinese copyright law. This exempts all Chinese government and judicial documents, and their official translations, from copyright. It also exempts simple factual information, and calendars, numerical tables, and other forms of general use and formulas.
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| Translation: |
This work is in the public domain because it is exempted by Article 5 of Chinese copyright law. This exempts all Chinese government and judicial documents, and their official translations, from copyright. It also exempts simple factual information, and calendars, numerical tables, and other forms of general use and formulas.
Public domainPublic domainfalsefalse |
