Revision information: Promulgation Date: 2020-10-17 Title: 全国人民代表大会常务委员会关于修改《中华人民共和国国旗法》的决定 Document Number: Fafa (2020) #38主席令13届第59号 Expiration date: Promulgating Entities:Standing Committee of the National People's Congress Source of text: http://www.xinhuanet.com/politics/2020-10/18/c_1126624521.htm
Article 1: This law is formulated on the basis of the Constitution so as to order to preserve the dignity of the national flag, regulate the use of the national flag, enhance citizens' conception of the state, promote the spirit of patriotism, and cultivate and practice the Core Socialist Values.
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 is to be produced in accordance with the Instructions 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 general dimensions of the national flag are the five measures listed in the instructions for making flags. Flags with other measurements used in special circumstances shall be appropriately enlarged or reduced keeping the proportions of the general scale.
The s proportion of the measurements of the national flag to the flagpole shall be appropriate and suited to the purpose of its use, the surrounding buildings, and the surrounding environment.
Article 4: 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 5: The following places and locations of institutions shall display the national flag every day:
(1) Beijing's Tiananmen Square and Xinhuamen;
(2) The Central Committee of the Communist Party of China, the Standing Committee of the National People's Congress, the State Council, the Central Military Commission, the Central Commission for Discipline Inspection of the Communist Party of China, the State Supervision 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, ports, railway stations, and other ports of entry and border or coastal defense posts.
Article 6: The national flag shall be displayed at the location of the following institutions every working day:
(1) All departments under the Party Central Commission and all local Party committees;
(2) All departments of the State Council;
(3) Standing committees of local people's congresses at all levels;
(4) Local people's governments at all levels;
(5) Local CPC disciplinary inspection committees and local supervisory commissions;
(6) Local people's courts at all levels and special people's courts;
(7) Local people's procuratorates at all levels and special people's procuratorates;
(8) Local committees of the Chinese People's Political Consultative Conference at all levels;
(9) All democratic parties and people's organizations;
(10) Relevant agencies of the Central People's Government in the Hong Kong Special Administrative Region and relevant agencies of the Central People's Government in the Macao Special Administrative Region.
Schools shall display the national flag every day except during winter and summer vacations and rest days. Kindergartens that have the capacity are to display the national flag in accordance with the provisions for schools.
Public cultural and sports facilities such as libraries, museums, cultural centers, art galleries, museums of science and technology, memorial halls, exhibition halls, gymnasiums, and youth palaces, shall display and fly the national flag on days when they are open.
Article 7: The national flag shall be displayed when conditions allow on National Day, International Labor Day, New Year’s Day, Spring Festival, National Constitution Day, and other important holidays and anniversaries at all levels of state organ, people’s organizations, and large public squares, parks and other public venues; and by enterprises, public institutions, organizations, village committees, resident committees and residential buildings (buildings, complexes) that have the capacity.
Ethnic autonomous areas shall display the national flag on the anniversary of the establishment of the ethnic autonomous areas and on major traditional ethnic holidays.
When constitutional oath ceremonies are held, the national flag shall be displayed at the venue.
Article 8: The national flag may be displayed when holding major celebrations, commemorative events, large-scale cultural and sports events, and large-scale exhibitions.
Article 9: The state advocates for citizens and organizations to use the national flag and its design on appropriate occasions to express patriotic sentiment.
Citizens and organizations using the design of the national flag online shall comply with relevant network management provisions and must not harm the dignity of the national flag.
The standard version of the national flag design for use online is to be published on the China National People's Congress website and the Chinese government websites.
Article 10: The Ministry of Foreign Affairs is to provide measures for the display and use of the national flag at diplomatic activities and in embassies, consulates, and other diplomatic representative offices stationed in other countries..
Article 11: The Central Military Commission is to provide methods for the display and use of the national flag by the Chinese People's Liberation Army and the Chinese People's Armed Police Force.
Article 12: The department for transportation under the State Council is to formulate measures for the display of the national flag by civilian ships and foreign ships entering China's territorial waters.
The public security department under the State Council is to formulate measures for the display of the national flag by ships enforcing entry-exit inspections, border management, and public security administration tasks.
The emergency management department under the State Council is to formulate measures for the display of the national flag on ships of the national comprehensive fire rescue team.
Article 13: Where the national flag is displayed in accordance with Articles 5, 6, or 7 of this Law, it shall be raised in the morning and lowered in the evening.
Where the national flag should be displayed in accordance with the provisions of this law, it may be undisplayed in case of severe weather.
Article 14: When the national flag is displayed, a flag-raising ceremony may be held.
When the flag-raising ceremony is held, the national anthem shall be played or sung. During the raising of the national flag, those present shall stand facing the national flag, pay attention or salute in accordance with the regulations, and must not do anything to harm the dignity of the national flag.
The flag-raising ceremony is to be held daily in Tiananmen Square in Beijing.
Except during holidays, schools are to hold a flag-raising ceremony once a week.
Article 15: The flag is to be flown at half-mast when the following people have passed away:
(1) Presidents of the People's Republic of China, Chairmen of the Standing Committee of the National People's Congress, Premiers of the State Council, and Chairmen of the Central Military Commission;
(2) Chairmen 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) Those who have made outstanding contributions to the cause of world peace or human progress.
Where national memorial ceremonies are held or where severe natural disasters, public health emergencies, or other unfortunate events cause particularly heavy casualties, the flag may be lowered to half-mast across the country, or flown at half-mast in specific areas or places.
The relevant departments of the State Council or of people's governments of provinces, autonomous regions, and directly-governed municipalities are to report to the State Council for a decision on flying the flag at half-mast inn accordance with the provisions of the third and fourth items of paragraph 1 of this article or with the second paragraph.
The date and locations for lowering the flag at half-mast in accordance with the provisions of this article is to be determined by the state-established funeral establishment or the State Council.
Article 16: The remains, coffins, or urns of the following persons may be covered with the national flag when remembrance ceremonies are held:
(1) The persons provided for in the first to third items of paragraph 1 of Article 15 of this law;
(3) Other persons as provided by the State.
When covering the national flag, the national flag must not touch the ground, and the national flag shall be taken back and stored after the ceremony.
Article 17: When the national flag is displayed, the national flag should be placed in a prominent position.
When the national flag is marched in a procession with other flags, the national flag shall be before the other flags.
When the national flag and other flags are displayed at the same time, the national flag shall be placed in a central, higher, or prominent position.
When the national flags of two or more countries are displayed in foreign affairs activities, they shall be displayed in accordance with the regulations of the Ministry of Foreign Affairs or international practice.
Article 18: When raising or lowering the national flag on an upright flagpole, it should rise and fall slowly. When raised, the national flag must be raised to the top of the pole; when lowered, the national flag must not be allowed to touch the ground.
When flown at half-mast, the national flag shall first be raised to the top of the pole, and then lowered into a position where the distance between the top of the flag and the top of the pole is one-third of the total length of the flagpole; and when it is lowered, the national flag shall first be raised to the top of the pole before lowering.
Article 19: National flags that are damaged, defaced, faded, or substandard must not be displayed or used, and the national flag must not be displayed upside down or hung upside down, or otherwise used in ways that damage the dignity of the national flag.
The national flag must not be casually discarded. National flags that are damaged, defaced, faded, or substandard shall be recalled k and disposed of in accordance with relevant state provisions. After a large-scale mass event is over, the event organizers shall recollect or properly dispose of the national flags used at the event.
Article 20: The national flag and its patterns shall not be used as trademarks, patented designs, or commercial advertisements, and must not be used in inappropriate circumstances such as private funeral activities.
Article 21: The national flag shall be an important part of patriotism education.
Middle and primary schools shall educate students to understand the historical and emotional connotation of the national flag and to observe the rules for the use of the national flag and the ritual of the flag-raising ceremony.
The news media shall actively publicize knowledge of the national flag and guide citizens and organizations to use the national flag and its design correctly.
Article 22: The General Office of the State Council is to coordinate efforts related to the management of the national flag throughout the nation. The local people's governments at all levels are to coordinate efforts related to the administration of the national flag in their respective administrative areas.
The market supervision and management departments of the people's governments at all levels are to oversee and manage the production and sales of the national flag.
The departments designated by the people's governments at the county level are to oversee and manage the display, use, and recall of the national flag in that administrative area.
The Ministry of Foreign Affairs, the State Council department of transportation and the relevant departments of the Central Military Commission are to oversee and manage the display, use, and recall of the national flag within their respective jurisdictions.
Article 23: Whoever intentionally insults the national flag of the People’s Republic of China by burning, damaging, defacing, tarnishing, or trampling it in public places is to be investigated for criminal responsibility in accordance with the law; and where the circumstances are relatively minor, the public security organs shall detain them for not more than 15 days.
Article 24: This law is to take force on October 1, 1990.