People’s Republic of China (PRC) assembly, procession and demonstration law
(Promulgated by Decree No.20 of the President of the People’s Republic of China on October 31, 1989 at the Tenth Session of the Seventh the NPC Standing Committee on October 31, 1989, and amended according to the Decision on Amending Some Laws of the Tenth Session of the Eleventh the NPC Standing Committee on August 27, 2009)
catalogue
Chapter I General Provisions
Chapter II Applications and Permits for Assemblies, Processions and Demonstrations
Chapter III Holding of Assemblies, Parades and Demonstrations
Chapter IV Legal Liability
Chapter V Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated in accordance with the Constitution for the purpose of guaranteeing citizens’ exercise of the rights of assembly, procession and demonstration according to law and maintaining social stability and public order.
Article 2 This Law shall apply to the holding of assemblies, processions and demonstrations in People’s Republic of China (PRC).
The term "assembly" as mentioned in this Law refers to the activities of gathering in open public places to express opinions and wishes.
The term "procession" as mentioned in this Law refers to the activities of marching in procession and expressing common wishes in public roads and open-air public places.
Demonstrations mentioned in this Law refer to activities that express common wishes such as demands, protests, support and solidarity in open-air public places or public roads by means of assembly, procession and sit-in.
This Law is not applicable to recreational and sports activities, normal religious activities and traditional folk custom activities.
Article 3 People’s governments at all levels shall, in accordance with the provisions of this Law, guarantee citizens’ exercise of their rights of assembly, procession and demonstration.
Article 4 When exercising the rights of assembly, procession and demonstration, citizens must abide by the Constitution and laws, and must not oppose the basic principles defined in the Constitution, nor harm the interests of the state, society and the collective or the legitimate freedoms and rights of other citizens.
Article 5 Assemblies, processions and demonstrations shall be conducted peacefully, and weapons, controlled knives and explosives shall not be carried, and violence or incitement to violence shall not be used.
Article 6 The competent authorities of an assembly, a procession and a demonstration are the municipal and county public security bureaus and city public security sub-bureaus where the assembly, the procession and the demonstration are held; Where a procession or demonstration route passes through more than two districts or counties, the competent authority shall be the public security organ at the next higher level than the public security organ of the district or county that passes through.
Chapter II Applications and Permits for Assemblies, Processions and Demonstrations
Article 7 To hold an assembly, a procession or a demonstration, an application must be made to the competent authority and permission must be obtained in accordance with this law.
No application is required for the following activities:
(1) Celebrations, commemorations and other activities held by the state or according to state decisions;
(2) Assemblies held by state organs, political parties, social organizations, enterprises and institutions in accordance with laws and articles of association.
Article 8 An assembly, a procession or a demonstration must be held with a responsible person.
The person in charge of an assembly, a procession or a demonstration that needs to be applied for in accordance with the provisions of this Law must submit a written application to the competent authority five days before the date of holding. The application shall specify the purpose, mode, slogan, slogan, number of people, number of vehicles, type and quantity of audio equipment used, starting and ending time, place (including assembly place and dissolution place), route and name, occupation and address of the person in charge.
Article 9 After receiving an application for an assembly, a procession or a demonstration, the competent authority shall notify its responsible person in writing of the decision of approval or disapproval two days before the date of application. If it is not permitted, the reasons shall be explained. Failure to notify within the time limit shall be deemed as permission.
If it is really necessary to hold an assembly, a procession or a demonstration temporarily because of sudden events, it must be reported to the competent authority immediately; After receiving the report, the competent authority shall immediately examine and decide whether to grant or not.
Article 10 Where an application for holding an assembly, a procession or a demonstration requires solving specific problems, the competent authority may, after receiving the application, notify the relevant authorities or units to negotiate with the person in charge of the assembly, procession or demonstration to solve the problems, and may postpone the application for holding for five days.
Article 11 If the competent authority considers that holding an assembly, a procession or a demonstration according to the time, place and route applied for will seriously affect the traffic order and social order, it may change the time, place and route of holding the assembly, a procession or a demonstration when or after deciding to permit it, and notify its responsible person in time.
Article 12 An application for holding an assembly, a procession or a demonstration shall not be permitted under any of the following circumstances:
(a) against the basic principles set by the Constitution;
(2) endangering national unity, sovereignty and territorial integrity;
(3) Inciting ethnic division;
(four) there is sufficient basis to determine that the application for an assembly, a procession or a demonstration will directly endanger public security or seriously undermine social order.
Article 13 If the person in charge of an assembly, a procession or a demonstration refuses to accept the decision of the competent authority not to permit it, he may apply to the people’s government at the same level for reconsideration within three days from the date of receiving the notice of decision, and the people’s government shall make a decision within three days from the date of receiving the application for reconsideration.
Article 14 The person in charge of an assembly, a procession or a demonstration may withdraw the application after submitting the application and before receiving the notice from the competent authority; After receiving the notice of permission from the competent authority, if it decides not to hold an assembly, a procession or a demonstration, it shall promptly inform the competent authority. If the participants have assembled, they shall be responsible for dissolution.
Article 15 Citizens shall not launch, organize or participate in assemblies, processions and demonstrations of local citizens in cities other than their places of residence.
Article 16 State functionaries shall not organize or participate in an assembly, a procession or a demonstration that violates the duties and obligations of State functionaries as stipulated in relevant laws and regulations.
Seventeenth in the name of state organs, social organizations, enterprises and institutions to organize or participate in the assembly, procession and demonstration, must be approved by the person in charge of the unit.
Chapter III Holding of Assemblies, Parades and Demonstrations
Article 18 For assemblies, processions and demonstrations held according to law, the competent authorities shall send people’s police to maintain traffic and social order and ensure the smooth progress of assemblies, processions and demonstrations.
Article 19 An assembly, a procession or a demonstration held according to law shall not be disturbed, impacted or destroyed by violence, coercion or other illegal means.
Article 20 In order to ensure the procession held according to law, the people’s police responsible for maintaining traffic order may temporarily implement the relevant provisions of traffic rules flexibly.
Article 21 In case of unforeseen circumstances during the procession, the person in charge of the people’s police at the scene has the right to change the procession’s route.
Article 22 Where an assembly, a procession or a demonstration is held in or passes by the location of a state organ, a military organ, a radio station, a television station, a foreign embassy or consulate in China, the competent authority may set up a temporary cordon nearby in order to maintain order, and shall not cross it without the permission of the people’s police.
Article 23 No assembly, procession or demonstration shall be held within a distance of 10 meters to 300 meters around the following places, except with the approval of the State Council or the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government:
(a) the location of the NPC Standing Committee, the State Council, the Central Military Commission (CMC), the Supreme People’s Court and the Supreme People’s Procuratorate;
(2) the residence of the ambassador;
(3) Important military facilities;
(4) Airports, railway stations and ports.
The specific peripheral distance of the places listed in the preceding paragraph shall be stipulated by the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 24 The time for holding an assembly, a procession or a demonstration is limited to 6 am to 10 pm, unless it is decided or approved by the local people’s government.
Article 25 Assemblies, processions and demonstrations shall be conducted in accordance with the permitted purposes, methods, slogans, starting and ending times, places, routes and other matters.
The person in charge of the assembly, procession and demonstration must be responsible for maintaining the order of the assembly, procession and demonstration, and strictly prevent others from joining.
When necessary, the person in charge of an assembly, a procession or a demonstration shall designate a special person to assist the people’s police in maintaining order. Personnel responsible for maintaining order should wear signs.
Article 26 An assembly, a procession or a demonstration shall not be held in violation of laws and regulations on public security administration, nor shall criminal activities or incitement to crime be carried out.
Article 27 The people’s police shall stop an assembly, a procession or a demonstration in any of the following circumstances:
(1) Failing to apply in accordance with the provisions of this Law or failing to obtain permission for the application;
(two) not in accordance with the purpose, manner, slogan, slogan, starting and ending time, place and route permitted by the competent authority;
(three) in the process of endangering public security or seriously undermining social order.
Under any of the circumstances listed in the preceding paragraph, the person in charge of the people’s police at the scene has the right to order dissolution; If a person refuses to dissolve, the person in charge of the people’s police at the scene has the right to decide to take necessary measures to forcibly disperse it in accordance with the relevant provisions of the state, and forcibly take the person who refuses to obey away from the scene or immediately detain him.
If a participant in an assembly, a procession or a demonstration crosses the temporary cordon set up in accordance with the provisions of Article 22 of this Law, enters a certain range around a specific place listed in Article 23 of this Law where an assembly, a procession or a demonstration is prohibited, or commits other illegal and criminal acts, the people’s police may forcibly take him away from the scene or immediately detain him.
Chapter IV Legal Liability
Article 28 Whoever holds an assembly, a procession or a demonstration and violates the administration of public security shall be punished in accordance with the relevant provisions of the Law on Punishment of Public Security Administration.
If an assembly, a procession or a demonstration is held in any of the following circumstances, the public security organ may give a warning or detain the person in charge and the person directly responsible for it for less than fifteen days:
(1) Failing to apply in accordance with the provisions of this Law or failing to obtain permission for the application;
(2) Failing to comply with the purpose, mode, slogan, starting and ending time, place and route permitted by the competent authority, and refusing to stop it.
Article 29 Whoever holds an assembly, a procession or a demonstration and commits a criminal act shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.
Those who carry weapons, controlled knives or explosives shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.
If an application is not made in accordance with the provisions of this Law or the application is not approved, or the starting and ending time, place and route approved by the competent authority are not followed, and the dissolution order is refused, thus seriously undermining social order, the person in charge of the assembly, procession and demonstration and the person directly responsible shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.
If a state organ is besieged or attacked, so that the official activities or state activities of the state organ cannot be carried out normally, the person in charge of the assembly, procession and demonstration and the person directly responsible shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.
Those who occupy public places, intercept vehicles and pedestrians, or gather people to block traffic, thus seriously disrupting the order of public places and traffic, shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.
Article 30 If an assembly, procession or demonstration held in accordance with the law is disturbed, attacked or otherwise destroyed, the public security organ may impose a warning or detain it for not more than 15 days; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law.
Article 31 If a party refuses to accept the decision of detention punishment given by the public security organ in accordance with the second paragraph of Article 28 or the provisions of Article 30 of this Law, he may lodge a complaint with the public security organ at the next higher level within five days from the date of receiving the notification of the punishment decision, and the public security organ at the next higher level shall make a ruling within five days from the date of receiving the complaint; Anyone who refuses to accept the ruling of the public security organ at the next higher level may bring a lawsuit to the people’s court within five days from the date of receiving the notice of the ruling.
Article 32 In the process of holding an assembly, a procession or a demonstration, anyone who destroys public or private property or infringes on others’ bodies and causes casualties shall be punished in accordance with the relevant provisions of the Criminal Law or the Law on Public Security Administration Punishment, and shall also be liable for compensation according to law.
Article 33 If a citizen initiates or organizes an assembly, a procession or a demonstration of local citizens in a city other than his place of residence, the public security organ has the right to detain him or forcibly send him back to his original place.
Chapter V Supplementary Provisions
Article 34 The provisions of this Law shall apply to assemblies, processions and demonstrations held by foreigners in China.
Foreigners in China are not allowed to participate in assemblies, processions and demonstrations held by citizens of China without the approval of the competent authorities.
Article 35 The public security department of the State Council may formulate implementing regulations according to this Law and submit them to the State Council for approval and implementation.
The standing committees of the people’s congresses of provinces, autonomous regions and municipalities directly under the Central Government may formulate measures for implementation in accordance with this Law.
Article 36 This Law shall come into force as of the date of promulgation.