Adopted at the 18th Session of the Standing Committee of the 12th National People’s Congress on December 27, 2015
Amended at the 2nd Session of the Standing Committee of the 13th National People’s Congress on April 27, 2018
Effective: January 1, 2016
Table of Contents
- Chapter I — General Provisions
- Chapter II — Determination of Terrorist Organizations and Personnel
- Chapter III — Security Protection
- Chapter IV — Intelligence and Information
- Chapter V — Investigation
- Chapter VI — Response and Disposal
- Chapter VII — International Cooperation
- Chapter VIII — Safeguard Measures
- Chapter IX — Legal Liability
- Chapter X — Supplementary Provisions
Chapter I — General Provisions
Article 1 — This Law is enacted for the purposes of preventing and punishing terrorist activities, strengthening counter-terrorism efforts, safeguarding national security, protecting the safety of people’s lives and property, and maintaining social order, in accordance with the Constitution.
Article 2 — The state shall oppose all forms of terrorism, prohibit terrorist activities in accordance with the law, and shall, in accordance with the law, investigate and pursue the legal liability of any organization or individual that advocates terrorism or engages in terrorist activities. The state shall not compromise with any terrorist organization or personnel, nor shall it provide asylum or grant refugee status to any terrorist.
Article 3 — For the purposes of this Law, the term “terrorism” refers to any proposition or conduct that, by means of violence, sabotage, intimidation, or other means, creates social panic, endangers public security, infringes upon personal and property rights, or coerces state authorities or international organizations, with the aim of realizing political or ideological objectives.
For the purposes of this Law, the term “terrorist activities” refers to any of the following conduct falling under the category of terrorism:
(a) organizing, planning, preparing for, or carrying out activities that cause or are intended to cause serious social harm such as casualties, significant property damage, damage to public facilities, or social disorder;
(b) advocating terrorism, inciting others to carry out terrorist activities, or illegally possessing articles that advocate terrorism, or coercing others to wear or display symbols or marks that advocate terrorism in public places;
(c) organizing, leading, or participating in a terrorist organization;
(d) providing support, assistance, or facilitation such as information, funds, materials, labor services, technology, or premises for a terrorist organization or terrorist, or for carrying out terrorist activities or providing training for terrorist activities;
(e) other terrorist activities.
For the purposes of this Law, the term “terrorist organization” refers to a criminal organization formed by three or more persons for the purpose of carrying out terrorist activities. For the purposes of this Law, the term “terrorist personnel” refers to persons who carry out terrorist activities and members of terrorist organizations. For the purposes of this Law, the term “terrorist incident” refers to an incident of terrorist activity that is occurring or has occurred, causing or likely to cause serious social harm.
Article 4 — The state shall establish a counter-terrorism work mechanism under unified leadership, with effective coordination of departments, interdependence between specialized bodies and the general public, and combining punishment with prevention, so as to vigorously carry out counter-terrorism work. The state shall establish a national counter-terrorism leading body to uniformly lead and direct counter-terrorism work nationwide.
Article 5 — Counter-terrorism work shall adhere to the principles of integrating specialized work with the mass line, combining prevention with punishment, and integrating both the symptoms and root causes, with emphasis on prevention, and shall adhere to the principles of rule of law and respect for and protection of human rights, and safeguard the lawful rights and interests of citizens in accordance with the law.
Article 6 — Counter-terrorism work shall be conducted in accordance with the law by punishing terrorist activities that violate the law, protecting the safety of people’s lives and property, and respecting and safeguarding human rights. In counter-terrorism work, the lawful rights and interests of citizens and organizations shall be respected and safeguarded, and discrimination based on region, ethnicity, religion, or other grounds is prohibited.
Article 7 — The state shall establish and improve a system for assessing the risks of terrorist activities and shall specify criteria and procedures for risk assessment. Relevant government departments shall, based on the needs of counter-terrorism work, conduct risk assessments of key targets, potential threats, and vulnerable points.
Article 8 — Public security organs, state security organs, people’s procuratorates, people’s courts, judicial administrative organs, and other relevant state organs shall, based on the division of labor, exercise counter-terrorism powers and perform duties in accordance with the law. The People’s Liberation Army, the People’s Armed Police Force, and militia organizations shall, in accordance with the law, prevent and deal with terrorist activities, and perform corresponding duties as prescribed by law.
Article 9 — Any entity or individual shall have the obligation to assist and cooperate with relevant departments in carrying out counter-terrorism work and shall report suspected terrorist activities or persons suspected of terrorist activities to the public security organs or relevant departments in a timely manner. The relevant departments shall keep the reporting persons, the entities involved, and the content of reports confidential.
Article 10 — Entities and individuals that have made outstanding contributions to counter-terrorism work, such as reporting terrorist activities or assisting in the prevention or suppression of terrorist activities, shall be commended and rewarded in accordance with relevant state provisions.
Article 11 — The People’s Republic of China shall, within the scope of its obligations under international treaties and conventions to which it is a party, carry out international cooperation in counter-terrorism.
Chapter II — Determination of Terrorist Organizations and Personnel
Article 12 — The national counter-terrorism leading body shall have the authority to determine terrorist organizations and personnel and shall publish them upon determination. The public security organs, state security organs, people’s procuratorates, people’s courts, judicial administrative organs, and other state organs may, during the course of handling criminal cases or performing other duties, request the national counter-terrorism leading body to determine a specific organization or individual as a terrorist organization or terrorist personnel.
Article 13 — The financial regulatory authorities under the State Council, the foreign exchange administrative authority under the State Council, the public security organs, the state security organs, and other relevant authorities shall, in a timely manner, decide to freeze the assets of terrorist organizations or terrorist personnel. Financial institutions and specific non-financial institutions shall immediately report relevant information when discovering assets of terrorist organizations or terrorist personnel and shall, in accordance with the law, assist in freezing such assets as required by the relevant authorities.
Article 14 — The national counter-terrorism leading body may, based on changes in circumstances, revoke the determination of a terrorist organization or terrorist personnel and shall publish such revocation. Where a determination is revoked, the authorities that decided to freeze the assets shall immediately lift the freeze.
Article 15 — An organization or individual that disagrees with the determination may apply to the national counter-terrorism leading body for reconsideration. The national counter-terrorism leading body shall make a decision in a timely manner. During the period of reconsideration, the execution of the determination shall not be suspended.
Article 16 — Where the assets of an organization or individual have been frozen, the organization or individual may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law. During the period of reconsideration or litigation, the freeze measure shall not be suspended, unless otherwise decided by the administrative reconsideration authority or the people’s court.
Chapter III — Security Protection
Article 17 — People’s governments at all levels and relevant government departments shall organize and carry out counter-terrorism publicity and education to raise citizens’ awareness of counter-terrorism. Education and human resources administrative departments, as well as schools and relevant vocational training institutions, shall include counter-terrorism knowledge in education and teaching content, and conduct counter-terrorism publicity and education for students and trainees. News, radio, television, culture, religious affairs, internet, and other relevant entities shall carry out targeted counter-terrorism publicity and education for the public.
Article 18 — Telecommunications business operators and internet service providers shall provide technical interfaces, decryption, data preservation, and other technical support and assistance for counter-terrorism work carried out by public security organs and state security organs in accordance with the law.
Article 19 — Telecommunications business operators and internet service providers shall, in accordance with laws and administrative regulations, implement network security and information content supervision systems and technical measures to prevent the dissemination of information containing terrorist or extremist content. Where information containing terrorist or extremist content is discovered, it shall immediately cease transmission, preserve relevant records, delete the relevant information, and report to the public security organs or the relevant departments.
Article 20 — Entities such as railway, highway, waterway, and air transport operators, and operators of public transportation vehicles such as buses, rail transit, and ferries, shall implement safety and security systems and conduct security inspections of persons, articles, and vehicles, and shall have the right to refuse to provide transport services to persons who refuse to undergo security inspections.
Article 21 — Operators of key target venues such as telecommunications, internet, finance, accommodation services, long-distance passenger transport, and motor vehicle leasing, as well as operators providing services such as express delivery, logistics, and urban rail transit, shall verify the identities of their clients and shall not provide services to clients whose identities are unclear or who refuse identity verification.
Article 22 — Enterprises producing and dealing in goods, materials, or equipment that may be used for the manufacture of explosive, incendiary, or other weapons or devices shall verify the identities of purchasers and shall not sell to purchasers whose identities are not verified or who refuse to accept identity verification.
Article 23 — Where guns, ammunition, controlled instruments, dangerous chemicals, civil explosives, nuclear and radioactive materials, or other items are stolen, robbed, lost, or otherwise illegally diverted, the relevant entity shall immediately report the matter to the public security organs and, in accordance with provisions, take necessary control measures.
Article 24 — The financial regulatory authorities under the State Council, the foreign exchange administrative authority under the State Council, and relevant financial regulatory agencies shall supervise and administer financial institutions and specific non-financial institutions in fulfilling their counter-terrorism financing obligations. Where financial institutions and specific non-financial institutions discover suspected terrorist financing, they shall report the matter to the competent authorities in accordance with the law and may adopt temporary freeze measures.
Article 25 — The customs authorities, when inspecting persons and articles entering or leaving the country, shall, upon discovering suspected terrorist personnel or articles suspected of being related to terrorist activities, detain them in accordance with the law and immediately notify the public security organs or state security organs.
Article 26 — Border defense authorities shall, upon the approval of the relevant authorities under the State Council, take border control measures, such as temporarily restricting or prohibiting the passage of persons, means of transport, or articles, at border ports, passages, or sea areas.
Article 27 — The public security organs of local people’s governments at all levels shall rigorously investigate and control extremism and the use of religion to carry out illegal and criminal activities, and shall prevent and stop the spread of extremist ideologies.
Article 28 — Public security organs and relevant departments shall promptly stop the dissemination of information containing terrorist or extremist content, and order relevant entities and individuals to cease transmission and delete the relevant information. Where the relevant entities or individuals refuse to do so, the public security organs and state security organs may take necessary technical measures.
Article 29 — Where information containing terrorist or extremist content is disseminated on the internet by an entity or individual outside the territory of the PRC, and the national counter-terrorism leading body determines that the dissemination may endanger national security or the public interest, the telecommunications authority under the State Council shall take technical measures to block the dissemination.
Article 30 — Where a terrorist incident occurs or is likely to occur, emergency response plans shall be activated in a timely manner. People’s governments at the provincial level and people’s governments of cities divided into districts shall establish counter-terrorism command centers to handle and respond to terrorist incidents and to direct related work.
Article 31 — Public security organs shall, together with relevant departments, identify key targets for counter-terrorism security protection and report the same to the national counter-terrorism leading body for the record. Key targets shall include, among others, crowded places such as large-scale activity venues, airports, railway stations, ports, public transportation hubs, urban squares, hotels, restaurants, entertainment venues, shopping malls, tourist attractions, schools, and other crowded places, as well as important facilities, nuclear facilities, and other strategic sites.
Article 32 — Entities managing key targets shall perform the following duties:
(a) formulating security protection systems and emergency response plans for counter-terrorism and conducting drills on a regular basis;
(b) establishing and implementing security responsibility systems for counter-terrorism and implementing safety management measures;
(c) equipping facilities with security protection equipment, installing video surveillance systems, and designating personnel for security and counter-terrorism work;
(d) conducting training on security protection skills for employees and organizing emergency drills;
(e) establishing monitoring, analysis, and early warning mechanisms and reporting suspicious situations in a timely manner;
(f) other duties prescribed by laws and regulations.
Article 33 — Prior to the holding of large-scale events, the public security organs shall, in conjunction with relevant departments, conduct security inspections of the event venues and facilities in accordance with the law and shall order the organizers to rectify any security risks discovered. The organizers of large-scale events shall be responsible for event security and shall establish and strictly implement security responsibility systems.
Article 34 — Immovable property registration authorities and real estate agencies shall verify the identity information of clients when handling immovable property registration, sales, leasing, and other business. Where abnormal capital transactions or other suspicious circumstances are discovered, they shall report to the public security organs in a timely manner.
Article 35 — With respect to articles that are the tools of terrorist activities, the public security organs may seize them. With respect to other articles, funds, premises, means of transportation, or communication equipment that are necessary for the investigation of terrorist activities, the public security organs may, upon approval, seal up, seize, or detain them. The period for sealing up, seizure, or detention shall not exceed 30 days; where the circumstances are complex, an extension may be granted upon approval by the public security organ at the next higher level, provided that the period of extension shall not exceed 30 days.
Chapter IV — Intelligence and Information
Article 36 — The state shall establish a national counter-terrorism intelligence center, which shall be uniformly responsible for the collection, analysis, research, judgment, and sharing of counter-terrorism intelligence information, and shall report to the national counter-terrorism leading body.
Article 37 — The public security organs, state security organs, military organs, and other relevant departments shall establish and improve counter-terrorism intelligence and information systems, collect counter-terrorism intelligence and information through various channels, analyze and assess terrorist risks within their respective areas of responsibility, and report the same to the national counter-terrorism intelligence center in accordance with the law.
Article 38 — Public security organs, state security organs, and relevant departments shall rely on the public in carrying out counter-terrorism intelligence and information work, establish a tip-off and reward system, and unblock reporting channels.
Article 39 — Public security organs, state security organs, and relevant departments may, when collecting counter-terrorism intelligence and information, take necessary technical reconnaissance measures in accordance with the law.
Article 40 — The relevant departments shall, when collecting, using, or preserving counter-terrorism intelligence and information, strictly comply with relevant state provisions on confidentiality, and shall not disclose state secrets, commercial secrets, or personal privacy.
Article 41 — The relevant departments shall promptly screen, verify, analyze, and evaluate the counter-terrorism intelligence and information collected, and report emergency intelligence in a timely manner while taking effective measures.
Article 42 — The relevant departments shall not use counter-terrorism intelligence and information for any purpose other than counter-terrorism, except where the data subject or relevant persons consent, or as otherwise provided by law.
Chapter V — Investigation
Article 43 — Public security organs shall, upon discovering suspected terrorist activities or suspects of terrorist activities, conduct investigations in a timely manner. Public security organs may, based on the needs of the investigation, summon the persons involved for questioning and may also conduct inspections and examinations at relevant premises.
Article 44 — Public security organs may, upon approval of the responsible person of the public security organ at or above the level of a city divided into districts, issue a written order restricting the scope of activities of a person suspected of terrorist activities and order the person to comply with the following one or more measures, the duration of which shall not exceed three months:
(a) not to leave the city or county of residence without the approval of the public security organ;
(b) not to engage in specific activities, enter specific premises, or meet specific persons;
(c) to report his or her activities to the public security organ on a regular basis;
(d) to surrender travel documents, identity cards, driver’s licenses, and other relevant documents to the public security organ for safekeeping.
Where, after investigation, it is found that the person has engaged in criminal conduct, criminal liability shall be pursued in accordance with the law. Where the measures need to be continued, an extension may be granted upon approval by the public security organ at the next higher level, provided that the period of extension shall not exceed three months.
Article 45 — Public security organs may, based on the needs of investigating terrorist activities, examine the personal information, communication records, travel records, transaction records, audio and video recordings, electronic data, and other relevant information of suspects, and may seal up, seize, or freeze assets suspected of being related to terrorist activities.
Article 46 — Public security organs may, based on the needs of investigating terrorist activities, employ technical investigation measures in accordance with the provisions of the Criminal Procedure Law and other relevant laws.
Article 47 — Public security organs investigating terrorist activities shall have the authority to request the relevant entities and individuals to provide information, materials, and other necessary assistance. The relevant entities and individuals shall provide truthful information, materials, and assistance.
Article 48 — During the investigation of terrorist activities, public security organs shall take measures to protect informants, victims, witnesses, appraisers, and other relevant personnel, and shall keep their personal information confidential.
Article 49 — The public security organs, people’s procuratorates, and people’s courts shall, during the investigation of suspected terrorist activities or in criminal proceedings, take protective measures for the personal safety of victims, witnesses, and appraisers.
Chapter VI — Response and Disposal
Article 50 — Where a terrorist incident occurs, the local people’s government at the place where the incident occurs shall, in accordance with the Emergency Response Law and other relevant laws and regulations, promptly initiate an emergency response, report to the people’s government at the next higher level and the relevant state authorities, and organize relevant departments to carry out emergency response and disposal work in accordance with the relevant contingency plans.
Article 51 — After a terrorist incident occurs, the counter-terrorism command center may decide, based on the needs for responding to and disposing of the terrorist incident, to have the relevant state organs take one or more of the following measures:
(a) organizing rescue and treatment for victims, evacuating, relocating, or otherwise providing proper placement for persons threatened by the terrorist incident;
(b) sealing off the scene and surrounding roads, implementing traffic controls, and conducting on-site inspections and body searches;
(c) controlling and designating warning zones, restricting the passage of persons and vehicles, and clearing persons and vehicles from relevant areas;
(d) seizing and controlling the command center and facilities of the incident scene;
(e) implementing measures such as cutting off electricity, fuel gas, and heating supply, and suspending the use of or restricting the use of relevant premises or facilities;
(f) taking measures such as restricting or suspending the operation of airports, railway stations, or other crowded places, and restricting or suspending large-scale events;
(g) using necessary weapons and equipment to stop the continuation of terrorist activities or violent crimes;
(h) taking other necessary response and disposal measures as provided by law.
Article 52 — When a terrorist incident occurs, the People’s Liberation Army and the People’s Armed Police Force shall, in accordance with the deployment of the national counter-terrorism leading body, participate in the response and disposal work in accordance with the law. The People’s Liberation Army and the People’s Armed Police Force may, when necessary, exercise the relevant measures provided in Article 51 of this Law.
Article 53 — After a terrorist incident is resolved, people’s governments at all levels shall organize relevant departments to promptly restore social order, properly handle the aftermath, investigate and assess the losses, and provide assistance to the affected citizens and organizations.
Article 54 — The public security organs shall, in a timely manner, investigate terrorist incidents, ascertain the causes, processes, and consequences of the incidents, and pursue the legal liability of the terrorist organizations and personnel involved in accordance with the law.
Article 55 — No entity or individual may fabricate or disseminate false information about terrorist incidents. News media reporting on terrorist incidents shall be truthful, accurate, and objective, and shall safeguard state security and the public interest. Reporting or dissemination of details of terrorist activities that may provoke imitation is prohibited. Publication or dissemination of information on the identity of victims of terrorist incidents is prohibited, except where the victims consent or where publication is otherwise permitted by law.
Chapter VII — International Cooperation
Article 56 — The People’s Republic of China shall carry out international cooperation in counter-terrorism in accordance with the law and on the basis of equality and mutual benefit, including cooperation in counter-terrorism policies, intelligence and information exchange, law enforcement, international fund supervision, and other fields.
Article 57 — The relevant departments of the State Council may, in accordance with the authorization of the State Council, represent the Chinese government in conducting consultations, negotiations, and cooperation with foreign governments and relevant international organizations on counter-terrorism matters.
Article 58 — Where a legally effective criminal judgment has been rendered against a terrorist organization or terrorist personnel involved in a terrorist case, the relevant authorities may, in accordance with the law and relevant international treaties, engage in exchange of information and judicial cooperation in fund supervision with foreign countries.
Article 59 — Public security organs, state security organs, and other relevant authorities may, in accordance with the law and treaties to which the PRC is a party or on the principle of reciprocity, carry out law enforcement cooperation in criminal matters concerning counter-terrorism with foreign countries.
Article 60 — The competent authorities of the PRC may, as provided by law, request relevant foreign countries to take measures such as freezing, seizing, or confiscating assets of terrorist organizations or personnel, and may execute similar requests from foreign countries within the scope of the law.
Chapter VIII — Safeguard Measures
Article 61 — The state shall incorporate counter-terrorism expenditures into the fiscal budget and provide financial guarantees for counter-terrorism work.
Article 62 — The state shall establish and improve a counter-terrorism materials and equipment guarantee system, and shall reserve and allocate counter-terrorism materials, equipment, and facilities to ensure the needs for responding to and disposing of terrorist incidents and for emergency rescue.
Article 63 — The state shall strengthen counter-terrorism scientific research and technological innovation, and develop and promote advanced counter-terrorism technologies and equipment.
Article 64 — The state shall establish and improve a personnel guarantee mechanism for counter-terrorism, and shall strengthen the training of counter-terrorism professionals and improve the quality of counter-terrorism personnel.
Article 65 — The public security organs and relevant departments shall establish and improve a system for the protection of counter-terrorism personnel, such as providing personal safety protection, insurance, psychological counseling, and other support measures.
Article 66 — Personnel who are injured, disabled, or killed in counter-terrorism work shall be provided with treatment in accordance with state provisions. Compensation and preferential treatment shall be given to citizens and their family members who suffer injury, disability, or death as a result of assisting in counter-terrorism work.
Article 67 — The state shall grant tax preferences in accordance with the law to enterprises and public institutions that develop, manufacture, or supply counter-terrorism equipment and materials that meet state provisions.
Article 68 — The state encourages and supports counter-terrorism volunteering and social organizations participating in counter-terrorism work, and provides necessary support and guarantees for volunteer teams and social organizations. The state shall provide vocational skills training and employment assistance for victims of terrorist incidents.
Article 69 — Where a person suffers injury, disability, or death as a result of reporting or stopping terrorist activities, or engaging in counter-terrorism work, relevant state provisions on pensions and preferential treatment shall apply.
Article 70 — The relevant authorities shall, for premises, facilities, means of transportation, equipment, and other items expropriated or requisitioned for responding to and disposing of terrorist incidents, return them in a timely manner and provide compensation in accordance with provisions. Where they are damaged or lost, compensation shall be made.
Article 71 — The national counter-terrorism leading body shall establish and improve the counter-terrorism statistical analysis system. Relevant units shall submit data and statistical reports on counter-terrorism work to the relevant departments in accordance with the law.
Article 72 — Where a citizen or organization has suffered personal injury or property damage as a result of a terrorist incident, the state shall provide assistance and support in accordance with the law. Specific measures shall be formulated by the State Council.
Chapter IX — Legal Liability
Article 73 — Where a terrorist activity constitutes a crime, criminal liability shall be pursued in accordance with the law. Where a terrorist activity does not constitute a crime, public security administrative penalties shall be imposed in accordance with the provisions of this Law and other relevant laws.
Article 74 — Any organization or individual that organizes, plans, prepares for, or carries out terrorist activities shall be pursued for criminal liability in accordance with the law. Where the circumstances are relatively minor and no crime is constituted, the public security organs shall impose administrative detention of not less than 10 and not more than 15 days and may concurrently impose a fine of not more than RMB 10,000.
Article 75 — Any entity that advocates terrorism, incites the carrying out of terrorist activities, or illegally possesses articles, books, or audio and video materials advocating terrorism shall be fined not less than RMB 50,000 and not more than RMB 500,000 by the public security organs, and the directly responsible persons in charge and other directly responsible persons shall be fined not less than RMB 10,000 and not more than RMB 50,000 and shall be subjected to administrative detention of not less than five and not more than 15 days.
Article 76 — Where an entity, in violation of the provisions of Article 19 of this Law, refuses to provide technical support or assistance to public security organs or state security organs, the relevant competent authority shall order it to make corrections and impose a fine of not less than RMB 100,000 and not more than RMB 500,000, and shall impose a fine of not less than RMB 10,000 and not more than RMB 50,000 on the directly responsible persons in charge and other directly responsible persons.
Article 77 — Where a telecommunications business operator or internet service provider falls under any of the following circumstances, the relevant competent authority shall impose a fine of not less than RMB 100,000 and not more than RMB 500,000, and shall impose a fine of not less than RMB 10,000 and not more than RMB 50,000 on the directly responsible persons in charge and other directly responsible persons:
(a) failing to stop the transmission of information containing terrorist or extremist content as required;
(b) failing to preserve relevant records or delete information containing terrorist or extremist content as required;
(c) failing to implement network security, information content supervision systems, or security protection technical measures as required.
Article 78 — Where operators of public transportation vehicles, such as buses, rail transit, or ferries, fail to conduct security inspections as required, the public security organs shall order them to make corrections and impose a fine of not less than RMB 50,000 and not more than RMB 200,000, and shall impose a fine of not less than RMB 5,000 and not more than RMB 20,000 on the directly responsible persons in charge and other directly responsible persons. Where the circumstances are serious, the relevant authority may revoke the business license or permit.
Article 79 — Where hotels, accommodation service providers, long-distance passenger transport operators, motor vehicle leasing operators, express delivery service providers, logistics operators, or operators of other services fail to verify the identities of their clients as required, or provide services to clients whose identities are unclear or who refuse identity verification, the competent authority shall impose a fine of not less than RMB 100,000 and not more than RMB 500,000, and shall impose a fine of not less than RMB 10,000 and not more than RMB 50,000 on the directly responsible persons in charge and other directly responsible persons.
Article 80 — Where a financial institution or specific non-financial institution falls under either of the following circumstances, the relevant financial regulatory authority shall impose a fine of not less than RMB 200,000 and not more than RMB 500,000, and shall impose a fine of not less than RMB 50,000 and not more than RMB 200,000 on the directly responsible persons in charge and other directly responsible persons; where the circumstances are serious, the relevant financial regulatory authority shall impose a fine of not less than RMB 500,000, and shall impose a fine of not less than RMB 200,000 and not more than RMB 500,000 on the directly responsible persons in charge and other directly responsible persons:
(a) failing to fulfill the obligations of reporting suspected terrorist financing;
(b) failing to cooperate with the relevant authorities in freezing the assets of terrorist organizations or terrorist personnel in accordance with the law.
Article 81 — Any entity or individual that, in violation of this Law, fabricates or disseminates false information about terrorist incidents, thereby disrupting public order, shall be detained for not less than five and not more than 10 days by the public security organs and may concurrently be fined not more than RMB 5,000. Where the circumstances are relatively minor, the offender shall be detained for not more than five days or fined not more than RMB 5,000.
Article 82 — Where an entity or individual, knowing that another person is engaged in terrorist activities, provides accommodation, transportation, communication, financial support, or other assistance to the person without reporting the matter to the public security organs, the public security organs shall impose administrative detention of not less than 10 and not more than 15 days and may impose a fine of not more than RMB 10,000. Where the matter constitutes a crime, criminal liability shall be pursued in accordance with the law.
Article 83 — Where a unit responsible for the management of a key target fails to perform the security protection duties provided in Article 32 of this Law, the public security organs shall order it to make corrections and impose a warning; where the circumstances are serious, a fine of not less than RMB 50,000 and not more than RMB 100,000 shall be imposed, and a fine of not less than RMB 5,000 and not more than RMB 20,000 shall be imposed on the directly responsible persons in charge and other directly responsible persons.
Article 84 — Where an enterprise producing or dealing in goods, materials, or equipment that may be used for the manufacture of explosive, incendiary, or other weapons fails to verify the identities of purchasers as required or sells such items to persons whose identity is not verified or who refuse identity verification, the public security organs shall order the enterprise to make corrections and impose a fine of not less than RMB 50,000 and not more than RMB 200,000, and shall impose a fine of not less than RMB 5,000 and not more than RMB 20,000 on the directly responsible persons in charge and other directly responsible persons. Where the circumstances are serious, the relevant authority may revoke the business license or permit.
Article 85 — Where railway, highway, waterway, or air transport operators, or logistics or express delivery service operators fail to implement safety inspection systems as required, the competent authority shall impose a fine of not less than RMB 100,000 and not more than RMB 500,000, and shall impose a fine of not less than RMB 10,000 and not more than RMB 50,000 on the directly responsible persons in charge and other directly responsible persons.
Article 86 — Any person who refuses to undergo a security inspection at a public place or on public transportation and forcibly enters, or causes trouble, shall be detained for not less than five and not more than 10 days by the public security organs and may concurrently be fined not more than RMB 500. Where weapons, controlled instruments, or explosives are carried or used, criminal liability shall be pursued in accordance with the law.
Article 87 — Where a person suspected of terrorist activities violates the provisions of Article 44 of this Law by failing to comply with the measures restricting the scope of activities, the public security organs shall issue a warning and order the person to make corrections; where the person refuses to make corrections, he or she shall be detained for not less than five and not more than 15 days and may be fined not more than RMB 50,000.
Article 88 — Where an entity or individual, in violation of this Law, refuses to provide information, materials, or other necessary assistance for the investigation of terrorist activities, the public security organs shall impose a fine of not less than RMB 10,000 and not more than RMB 50,000 on the entity, and a fine of not less than RMB 2,000 and not more than RMB 10,000 or administrative detention of not less than five and not more than 10 days on the directly responsible persons in charge and other directly responsible persons or the individual.
Article 89 — Where an entity or individual, in violation of this Law, hinders the relevant authorities from carrying out counter-terrorism work, the public security organs shall impose a fine on the entity of not less than RMB 50,000 and not more than RMB 200,000, and shall impose a fine on the directly responsible persons in charge and other directly responsible persons or on the individual of not less than RMB 5,000 and not more than RMB 50,000 or administrative detention of not less than five and not more than 15 days. Where the matter constitutes a crime, criminal liability shall be pursued in accordance with the law.
Article 90 — Where a news media entity, in violation of this Law, reports or disseminates details of terrorist activities that may provoke imitation, or publishes information on the identity of victims of terrorist incidents, the public security organs shall impose a fine of not less than RMB 50,000 and not more than RMB 200,000, and shall impose a fine of not less than RMB 5,000 and not more than RMB 50,000 on the directly responsible persons in charge and other directly responsible persons.
Article 91 — Where a person refuses to cooperate in counter-terrorism work, or obstructs the personnel of the People’s Liberation Army, the People’s Armed Police Force, the public security organs, or state security organs from performing their duties in counter-terrorism work, the person shall be pursued for legal liability in accordance with the law. Where violence or threats are used, criminal liability shall be pursued in accordance with the law.
Article 92 — Where a public official commits any of the following acts in the course of counter-terrorism work, administrative sanctions shall be imposed in accordance with the law; where the matter constitutes a crime, criminal liability shall be pursued in accordance with the law:
(a) abusing powers, neglecting duties, or committing malpractice for personal gain;
(b) disclosing state secrets, commercial secrets, or personal privacy in violation of provisions;
(c) using counter-terrorism intelligence and information for purposes other than counter-terrorism in violation of provisions;
(d) failing to take protective measures for counter-terrorism personnel in accordance with provisions;
(e) other acts of dereliction of duty or misconduct.
Chapter X — Supplementary Provisions
Article 93 — For the purposes of this Law, the term “terrorist activity” corresponding to the relevant provisions of the Criminal Law of the PRC shall refer to the conduct specified in Article 3 of this Law. The determination of whether specific conduct constitutes a crime shall be based on the provisions of the Criminal Law.
Article 94 — The People’s Liberation Army and the People’s Armed Police Force shall, in accordance with the provisions of this Law and other relevant laws and regulations, and the orders of the Central Military Commission, carry out counter-terrorism work. The relevant departments of the military shall formulate specific measures for the implementation of counter-terrorism work by the military.
Article 95 — The public security organs of the Hong Kong Special Administrative Region and the Macao Special Administrative Region shall perform the duties of implementing the counter-terrorism work prescribed by this Law within their respective regions, and the relevant counter-terrorism work mechanisms shall be stipulated by the laws of each respective region.
Article 96 — This Law shall not apply to the Hong Kong Special Administrative Region and the Macao Special Administrative Region.
Article 97 — This Law shall enter into force on January 1, 2016. The Decision of the Standing Committee of the National People’s Congress on Issues Concerning the Strengthening of Counter-Terrorism Work adopted on October 31, 2011 shall be repealed simultaneously.
Disclaimer: This translation is provided for informational purposes only and does not constitute legal advice. While every effort has been made to ensure accuracy, only the original Chinese-language text issued by the Standing Committee of the National People’s Congress carries legal force. Users should consult qualified legal professionals regarding the application or interpretation of this Law in specific circumstances. Dan Young Business Consultancy assumes no liability for any errors, omissions, or reliance on this translation.