Law of the People's Republic of China on National Flag
Date of issue:2021.06.01 Visits:
Law of the People's Republic of China on National Flag
(Adopted at the 14th Meeting of the Standing Committee of the Seventh National People's Congress on June 28, 1990)
(Promulgated by Order No. 28 of the President of the People's Republic of China on June 28, 1990, and effective as of October 1, 1990)
Article 1 This Law is enacted in accordance with the Constitution in order to safeguard the dignity of the National Flag, enhance citizens' sense of the state and promote patriotism.
Article 2 The National Flag of the People's Republic of China is a red flag with five stars.
The National Flag of the People's Republic of China shall be made in accordance with the instructions for the making of the National Flag issued by the Presidium of the First Plenary Session of the Chinese People's Political Consultative Conference.
Article 3 The National Flag of the People's Republic of China is the symbol and symbol of the People's Republic of China.
Every citizen and organization should respect and cherish the National Flag.
Article 4 The local people's governments at various levels shall exercise supervision and control over the display and use of the National Flag within their respective administrative areas.
The Ministry of Foreign Affairs, the transportation department under the State Council and the General Political Department of the Chinese People's Liberation Army shall exercise supervision and administration over the display and use of the National Flag within their respective jurisdictions.
The National Flag shall be made by enterprises designated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 5 The National Flag shall be displayed daily in the following places or places where institutions are located:
(1) Beijing Tiananmen Square, Xinhuamen;
(2) The Standing Committee of the National People's Congress, the State Council, the Central Military Commission, the Supreme People's Court, and the Supreme People's Procuratorate;
National Committee of the Chinese People's Political Consultative Conference;
(3) Ministry of Foreign Affairs;
(4) Airports, ports, railway stations, other border ports, border and coastal defense posts for entry and exit.
Article 6 Departments under the State Council, the standing committees of local people's congresses at various levels, the people's governments, the people's courts, the people's procuratorates and the local committees of the Chinese People's Political Consultative Conference at various levels shall display the National Flag on working days.
Full time schools shall display the National Flag every day except in winter holidays, summer holidays and Sundays.
Article 7 State organs at all levels and people's organizations shall display the National Flag on National Day, International Labour Day, New Year's Day and the Spring Festival; Enterprises, institutions, villagers' committees, residents' committees, urban residents' homes (buildings), squares, parks and other public places where conditions permit may display the National Flag.
In ethnic minority areas where the Spring Festival is not a traditional festival, the organ of self-government of the national autonomous area shall decide whether or not to display the National Flag during the Spring Festival.
The National Flag may be displayed in national autonomous areas on the anniversary of their founding and on major traditional national festivals.
Article 8 The National Flag may be displayed when major celebrations and commemorative activities, large-scale cultural and sports activities and large-scale exhibitions are held.
Article 9 Measures for the display and use of the National Flag in diplomatic activities and in the State embassies and consulates stationed abroad and other diplomatic missions shall be formulated by the Ministry of Foreign Affairs.
Article 10 Military organs, military barracks and military vessels shall display the National Flag in accordance with the relevant provisions of the Central Military Commission.
Article 11 Measures for the display of the National Flag by civil vessels and foreign vessels entering China's territorial waters shall be formulated by the competent department of communications under the State Council.
The measures for the display of the National Flag by ships carrying out border defense, public security and fire fighting tasks by the public security department shall be formulated by the public security department under the State Council.
Article 12 Where the National Flag is displayed in accordance with the provisions of Articles 5, 6 and 7 of this Law, it shall be raised in the morning and lowered in the evening.
Where the National Flag is required to be displayed in accordance with the provisions of this Law, it may not be displayed in bad weather.
Article 13 When the National Flag is displayed, a flag raising ceremony may be held.
When the flag raising ceremony is held, the participants shall stand in awe and salute the national flag while the national flag is being raised, and may play or sing the national anthem.
Full time middle schools and primary schools hold a flag raising ceremony once a week except holidays.
Article 14 The national flag shall be flown at half mast in mourning at the death of the following persons:
(1) The President of the People's Republic of China, the Chairman of the Standing Committee of the National People's Congress, the Premier of the State Council, and the Chairman of the Central Military Commission;
(2) Chairman of the National Committee of the Chinese People's Political Consultative Conference;
(3) People who have made outstanding contributions to the People's Republic of China;
(4) People who have made outstanding contributions to world peace or the cause of human progress.
When an unfortunate event with especially heavy casualties or a serious natural disaster causes heavy casualties, the national flag may be flown at half mast in mourning.
The decision to lower the National Flag at half mast in accordance with the provisions of subparagraphs (3), (4) and (2) of the first paragraph of this Article shall be made by the State Council.
The date and place for the flag to be flown at half mast in accordance with the provisions of this Article shall be decided by the funeral organ established by the State or the State Council.
Article 15 When the National Flag is displayed, it shall be placed in a prominent position.
When the National Flag and other flags are held in procession, the National Flag shall be in front of the other flags.
When the National Flag is displayed at the same time as other flags, the National Flag shall be placed at the center, high or prominent position.
When the national flags of two or more countries are displayed simultaneously in foreign affairs activities, they shall be displayed in accordance with the provisions of the Ministry of Foreign Affairs or international practice.
Article 16 The National Flag shall be hoisted or lowered slowly from an upright pole. When it is hoisted, the National Flag must be raised to the top of the pole; The National Flag shall not be lowered to the ground.
When the National Flag is lowered at half mast, it shall first be raised to the top of the staff and then lowered to a point where the distance between the top of the flag and the top of the staff is one-third of the full length of the staff; When lowering, the National Flag shall first be raised to the top of the staff and then lowered.
Article 17 No damaged, defiled, faded or substandard National Flag may be displayed.
Article 18 The National Flag and its design may not be used as a trademark or as an advertisement, or for private funeral activities.
Article 19 Whoever desecrates the National Flag of the People's Republic of China by intentionally burning, damaging, scrawling on, defiling or trampling on it in public shall be investigated for criminal responsibility according to law; If the circumstances are relatively minor, the public security organ shall, with reference to the provisions of the Regulations on Administrative Penalties for Public Security, impose a detention of not more than 15 days.
Article 20 This Law shall enter into force as of October 1, 1990.