Law of the People’s Republic of China on the National Emblem

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

No. 60

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 of the People’s Republic of China on October 17, 2020, is hereby promulgated and shall come into force on January 1, 2021.

Xi Jinping

President of the People’s Republic of China

October 17, 2020

 

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.

 

Law of the People’s Republic of China on the National Emblem

(Adopted at the 18th Meeting of the Standing Committee of the Seventh National People’s Congress on March 2, 1991; amended for the first time pursuant to the Decision on Amending Some Laws adopted at the 10th Meeting of the Standing Committee of the Eleventh National People’s Congress on August 27, 2009; and amended for the second time pursuant to the 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)

Article 1  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.

Article 2   The National Emblem of the People’s Republic of China shall comprise the design of Tian’anmen in its center illuminated by five stars and encircled by ears of grain and a cogwheel.

The National Emblem of the People’s Republic of China shall be made in accordance with the Design of the National Emblem of the People’s Republic of China adopted by the Central People’s Government Council in 1950, and the Directions for the Making of the Design of the National Emblem of the People’s Republic of China promulgated by the General Office of the Central People’s Government Council in the same year.

Article 3  The National Emblem of the People’s Republic of China is the symbol and hallmark of the People’s Republic of China.

All organizations and citizens shall respect and protect the National Emblem.

Article 4  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 National Emblem shall be hung right in the middle on top of the front gate of the organs concerned.

Article 5  The National Emblem shall be hung in the following places:

(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;

(3) courtrooms of the people’s courts at various levels and of the specialized people’s courts;

(4) venues where an oath to the Constitution is taken; and

(5) appropriate places in ports of exit or entry.

Article 6  The design of the National Emblem shall be carved on the seals of the following organs:

(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;

(2) the special committees of the National People’s Congress and the General Office and the working commission of the Standing Committee of the National People’s Congress, the ministries and commissions under the State Council, departments directly under the State Council, the General Office of the State Council and the administrative offices that shall, as prescribed by the State Council, use seals carved with the design of the National Emblem, as well as the General Office of the Central Military Commission and other organs that shall, as prescribed by the Central Military Commission, use seals carved with the design of the National Emblem;

(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; and

(4) the country’s embassies, consulates and other diplomatic missions stationed in other countries.

Article 7  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.

Article 8  The design of the National Emblem shall be printed on the following documents and publications:

(1) certificates of honor, letters of appointment and diplomatic documents issued by the Standing Committee of the National People’s Congress, the President of the People’s Republic of China, or the State Council;

(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;

(3) front covers of bulletins of the Standing Committee of the National People’s Congress, the State Council, the Supreme People’s Court and the Supreme People’s Procuratorate; and

(4) front covers of the official editions of laws and regulations published by the State.

Article 9  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.

Article 10  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.

Article 11  Procedures for the use of the design of the National Emblem in foreign affairs and by the country’s embassies, consulates and other diplomatic missions stationed in other countries shall be prescribed by the Ministry of Foreign Affairs and submitted to the State Council for approval before implementation.

Article 12  Where it is necessary to hang the National Emblem or use its design outside the scope specified in this Law, it shall be prescribed by the General Office of the Standing Committee of the National People’s Congress or the General Office of the State Council, in conjunction with the departments concerned.

Article 13  The National Emblem and the design thereof may not be used in:

(1) trademarks, designs for which patent rights are granted, and commercial advertisements;

(2) daily necessities, and furnishings or ornaments in daily life;

(3) private activities of celebration or condolence; or

(4) other circumstances where the National Emblem and the design thereof may not be used as prescribed by the General Office of the State Council.

Article 14  No damaged, defiled, or substandard National Emblem shall be hung.

Article 15  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.

Article 16  The National Emblem to be hung shall be uniformly made by enterprises designated by the State and the diameters of its common sizes shall be as follows:

(1) one hundred centimeters;

(2) eighty centimeters; and

(3) sixty centimeters.

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.

Article 17  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.

Article 18  A party who desecrates the National Emblem of the People’s Republic of China by intentionally burning, damaging, defacing, defiling or trampling upon it in a public place shall be subject to criminal liability in accordance with the law; in less serious cases, the offender shall be detained for a maximum of 15 days by the public security organ.

Article 19  This Law shall be effective as of October 1, 1991.

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