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Laws on the Chinese flag and emblem

Last modified: 2005-04-09 by phil nelson
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Flag Law

Below you will find the text of the law on the national flag of The People's Republic of China as translated into English and printed in the book The five-star red flag - The national flag of The People's Republic of China, Beijing: Morning Glory Publishers, 1997.

Law of the People's Republic of China on the National Flag

(Adopted at the t4th Meeting of the Standing Committee of the Seventh National Peoples 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 The Law is enacted in accordance with the Constitution with a view to defending the dignity of the National Flag, enhancing citizens' consciousness of the State and promoting the spirit of patriotism.

Article 2 The National Flag of the People's Republic of China shall be a red flag with five stars.

The National Flag of the People's Republic of China shall be made according to the Directions for the Making of the National Flag promulgated 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 hallmark of the People's Republic of China.

All citizens and organizations shall respect and care for the National Flag.

Article 4 The local people's governments at various levels shall exercise supervision over and administration of the display and use of the National Flag within their respective administrative areas.

The Ministry of Foreign Affairs, the competent department in charge of communications under the State Council and the General Political Department of the Chinese People's Liberation Army shall exercise supervision over and administration of the display and use of the National Flag within their respective jurisdiction.

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 premises of institutions:

(1) Tiananmen Square and Xinhuamen in Beijing;
(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; The National Committee of the Chinese People's Political Consultative Conference;
(3) The Ministry of Foreign Affairs;
(4) Airports, harbours and railway stations of entry or exit and other frontier ports, frontier stations and coastal defence stations.

Article 6 Departments under the State Council, the standing committees of the local people's congresses, 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 during working days.

Full-time schools shall display the National Flag daily, except during winter vacations, summer vacations and Sundays.

Article 7 State organs at all levels and mass organizations shall display the National Flag on National Day, International Labour Day, New Year's Day and the Spring Festival; the National Flag may be displayed, when conditions permit, in premises of enterprises, institutions, villagers' committees and residents' committees, in urban residential compounds (buildings) and in public places such as squares and parks.

In minority nationality areas where the Spring Festival is not a traditional festival, whether the National Flag is displayed during the Spring Festival shall be prescribed by the authorities practising self-government in the national autonomous areas.

In a national autonomous area, the National Flag may be displayed on the anniversary of the founding of the national autonomous area and during major traditional festivals of the minority nationalities.

Article 8 The National Flag may be displayed when important celebration and commemorative activities, large-scale cultural and sports activities and major exhibitions are held.

Article 9 Measures for the display and use of the National Flag in diplomatic activities and by the Chinese embassies and consulates stationed in foreign countries and other diplomatic representative agencies shall be prescribed by the Ministry of Foreign Affairs.

Article 10 The National Flag shall be displayed by military organs at barracks and on military vessels in accordance with the relevant provisions of the Central Military Commission.

Article 11 Measures for the display of the National Flag by civilian vessels or foreign vessels entering Chinese territorial waters shall be prescribed by the competent department in charge of communications under the State Council.

Measures for the display of the National Flag by public security vessels on frontier defence, security or fire control duties shall be prescribed by the departments in charge of public security under the State Council.

Article 12 The National Flag, when displayed under Articles 5, 6 and 7 of this Law, shall be hoisted in the morning and lowered in the evening.

Where the National Flag shall be displayed under this Law, when the weather is inclement, it is permissible that the Flag not be displayed.

Article 13 When the National Flag is displayed, a Flag-hoisting ceremony may be held.

When a Flag-hoisting ceremony is held, persons present shall face the Flag and stand at attention to salute the Flag, and the National Anthem may be played or sung while the National Flag is being hoisted.

A full-time middle school or primary school shall hold a Flag-hoisting ceremony once a week, except during vacations.

Article 14 The National Flag shall be lowered to the half staff as a token of mourning when the following persons pass away:

(1) President of the People's Republic of China, Chairman of the Standing Committee of the National People's Congress, Premier of the State Council and Chairman of the Central Military Commission;

(2) Chairman of the National Committee of the Chinese People's Political Consultative Conference;

(3) Persons who have made outstanding contributions to the People's Republic of China;

(4) Persons who have made outstanding contributions to world peace or the cause of human progress.

When unfortunate events causing especially serious casualties occur or when serious natural calamities have caused heavy casualties, the National Flag may be flown at half staff as a token of mourning.

The half-staffing of the National Flag in accordance with the provisions of (3) and (4) in the first paragraph and of the second paragraph of this Article shall be decided by the State Council.

Dates and places for the half-staffing of the National Flag under this Article shall be decided by the funeral organ established by the State, or shall be decided by the State Council.

Article 15 When the National Flag is displayed, it shall be placed in a prominent position.

The National Flag, when raised or carried in a procession with another flag or flags, shall be in front of the other flag or flags.

The National Flag, when displayed with another flag or flags, shall be either at the center, above the other flag or flags, or in a position of prominence.

When the National Flags of two or more na