Law of the People's Republic of China on the National Flag (Amended in 2020) 中华人民共和国国旗法（2020修正）

Law of the People's Republic of China on the National Flag (Amended in 2020)

Law of the People's Republic of China on the National Flag (Amended in 2020)

中华人民共和国国旗法（2020修正）

(Adopted at the 14th session of the Standing Committee of the Seventh National People's Congress on June 28, 1990, amended for the first time according to the Decision on Amending Some Laws adopted AT THE 10th of the Standing Committee of the Eleventh National People's Congress on August 27, 2009;

and amended for the second time according to the Decision on Amending the Law of the People's Republic of China on the National Flag

adopted at 22nd session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on October 17, 2020)

Article 1
This Law is enacted in accordance with the Constitution to uphold the dignity of the National Flag, ensure?its?correct use, enhance?citizens'?consciousness of the State, promote?patriotism, cultivate?and practice?core socialist values.

Article 2
The National Flag of the People's Republic of China is?the Five-starred Red Flag.

The National Flag of the People's Republic of China is be made pursuant 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 common sizes?of the National Flag are the five sizes?specified in the directions for the making of the National Flag. The National Flag of other sizes?to be used under special circumstances shall be appropriately scaled up or down in proportion to the common sizes.

The size?of?the National Flag shall be proportional to?the staff?height, and be commensurate with the purposes of use, surrounding buildings and surrounding environment.

Article 4
The National Flag of the People's Republic of China is the symbol and emblem of the People's Republic of China.

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

Article 5
The National Flag shall be flown daily at the following places or premises of institutions:

(1)?Tian'anmen Square and Xinhuamen in Beijing;

(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 National Supervisory Commission, the Supreme People's Court, the Supreme People's Procuratorate;
and the National Committee of the Chinese People's Political Consultative Conference.

(3)?the Ministry of Foreign Affairs;
and

(4)?airports, harbors?and railway stations of entry or exit and other frontier ports, border?and coastal sentry posts.

Article 6
The National Flag shall be flown on weekdays at the following premises of institutions:

(1)?all central departments and local committees at all levels of the Communist Party of China;

(2)?all departments of the State Council;

(3)?the standing committees of the local people's congresses at all levels;

(4)?local people's governments at all levels;

(5)?local commissions?for discipline inspection and local supervisory commissions at all levels of the Communist Party of China;

(6)?local people's courts at all levels and specialized people's courts;

(7)?local people's procuratorates at all levels and specialized people's procuratorates;

(8)?local committees at all levels of the Chinese People's Political Consultative Conference;

(9)?all democratic parties and social?organizations;
and

(10)?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.

Schools shall fly the National Flag daily, except during winter vacations, summer vacations and rest days. Kindergartens, when conditions permit, shall fly the National Flag by reference to the rules for schools.

Libraries, museums, cultural centers, art galleries, science and technology museums, memorial halls, exhibition halls, gymnasiums, youth centers and other public cultural and sports facilities shall fly the National Flag on open days.

Article 7
State organs at all levels, all social?organizations and public places such as large squares and parks shall fly the National Flag on the National Day, the International Labor?Day, New Year's Day, the Spring Festival, National?Constitution?Day and other important festivals and anniversaries;
and enterprises and public institutions, villagers'?committees and residents'?committees and residential compounds (buildings and communities), when conditions permit, shall fly the National Flag.

??

In ethnic?autonomous areas, the National Flag shall be flown on the anniversary of the founding of the areas and during major traditional festivals of ethnic minorities.

When a constitutional oath-taking ceremony is held, the National Flag shall be flown at the venue where the oath is taken.

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

Article 9
The State encourages citizens and organizations to use the National Flag and the design thereof to express their patriotic feelings on appropriate occasions.

When using the design of the National Flag online, citizens and organizations shall abide by relevant provisions on cyberspace?regulations?and may?not impair the dignity of the National Flag.

The official version of the design of the National Flag for?online use is provided on the websites?of the National People's Congress and the State Council.

Article 10
Procedures for the?flying 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 11
Procedures for the flying and use of the National Flag by the Chinese People's Liberation Army and the Chinese People's Armed Police Force shall be prescribed by the Central Military Commission.

Article 12
Procedures for the flying of the National Flag by civilian vessels or foreign vessels entering Chinese territorial waters shall be prescribed by the competent department of transport?under the State Council.

Procedures for the flying of the National Flag by vessels for exit-entry frontier inspection, border management?and public security duties shall be prescribed by the department of public security under the State Council. ??

Procedures for the flying of the National Flag by vessels for national firefighting?rescue teams shall be prescribed by the department of emergency management under the State Council. ?

Article 13
The National Flag, when flying according to?Article 5, 6 or 7 of hereof shall be hoisted in the morning and lowered in the evening.

Where the National Flag shall be flown under this Law, it is permissible not to fly the National?Flag when the weather is inclement.

Article 14
When the National Flag is flown, a flag-hoisting ceremony may be held.

The National Anthem shall be played and sung in?the?flag-hoisting ceremony. While the National Flag is being hoisted, people?present shall face the Flag and stand solemnly?to salute it?with eyes, or as required, and shall not commit any act impairing the dignity of the National Flag. ???

The flag-hoisting ceremony?shall be held daily in the Tian'anmen Square in Beijing.

A school shall hold a flag-hoisting ceremony once a week, except during vacations.

Article 15
The National Flag shall be lowered to half-staff to express 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;
and

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

Where a national memorial ceremony is held, or when serious natural disasters, public health emergencies or other unfortunate events occur, causing especially serious casualties, the National Flag may be lowered?to?half-staff nationwide or in certain areas or specific places to express mourning.

The half-staff of the National Flag in accordance with Items (3) and (4) in the first paragraph and the second paragraph of this Article shall be reported by the relevant departments of the State Council or the?people's?governments of provinces, autonomous regions and municipalities directly under the Central Government to the State Council for decision.

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

Article 16
When mourning ceremonies for the following persons who have passed away are held, their remains, coffins or urns may be covered with the National Flag:

(1)?the persons specified in Items (1) through (3) in the first paragraph of Article 15 hereof;

(2)?martyrs;
and

(3) other persons specified by the State.

The National Flag covering the remains, coffins or urns may not fall to the ground, and shall be taken back for safekeeping after the ceremonies.

Article 17
When the National Flag is flown, it shall be placed in a prominent position.

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

The National Flag, when flown with other?flags, shall be either at the center?and?above the others, or in a position of prominence.

When the National Flags of two or more nations are flown in foreign affairs activities, relevant provisions of the Ministry of Foreign Affairs or the international practice shall be followed.

Article 18
Hoisting or lowering the National Flag on an upright staff shall be done slowly. When hoisted, the National Flag shall?reach the peak of the staff;
when lowered, the National Flag must not fall to the ground.

The National Flag, when lowered to?half-staff, shall be first hoisted to the peak of the staff and then lowered to a point where the distance between the top of the Flag and the peak of the staff is one third of the length of the staff;
the National Flag, when lowered, shall be again hoisted to the peak before it is lowered.

Article 19
No damaged, defiled, faded or substandard National Flag may be flown or used, and no National Flag may be flown upside down, inserted upside down, flown or used in any other manners that impair the dignity of the National Flag.

No National Flag may be discarded at will. Any damaged, defiled, faded or substandard National Flag shall be taken back?and disposed of in accordance with relevant provisions issued by the State. After a large-scale public?activity, the organizer of the activity shall take back or properly dispose of the National Flags used on site.

Article 20
The National Flag or the design thereof shall not be used as a trademark, for a?granted appearance design or for a commercial advertisement and shall not be used in private funeral activities or under other inappropriate circumstances.

Article 21
The National Flag shall be taken as an important element of education in patriotism.

Primary and?secondary schools?shall educate students on the history and significance?of the National Flag, and to observe the rules on the flying and use of the National Flag and the etiquette in a flag-hoisting ceremony.

News media shall actively publicize the knowledge on the National Flag and guide citizens and organizations to?correctly?use the National Flag and the design thereof.

Article 22
The General Office of the State Council coordinates the work concerning the administration of the National Flag, while the local people's governments at all levels coordinates the work concerning the administration of the National Flag 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 Flag.

The departments designated?by the people's governments at the county level shall supervise?and administer?the flying, use and recovery of the National Flag within their respective administrative regions.

The Ministry of Foreign Affairs, the competent departments?in charge of transportation?under the State Council and the relevant departments of the Central Military Commission shall supervise?and administer?the flying, use and recovery of the National Flag within their respective jurisdictions.

Article 23
?Whoever desecrates the National Flag of the Peoples 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 24
This Law shall come into force on October 1, 1990.

Appendix (Only Title Translated):

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 on September 28, 1949)

The shape and colour of either side of the National Flag shall be identical, whereas the five stars on both sides of the Flag shall be opposite to each other. For convenience's sake, these directions shall take the circumstances where the staff is on the left as the basis for illustration. Where the staff is on the right, the word "left" used in these directions shall all be changed to "right", while the word "right" referring to direction shall all be changed to "left".

(1) The face of the Flag shall be red and rectangular; the proportion of its length and height shall be 3 to 2. The upper left of the face of the Flag shall be studded with five yellow five-pointed stars. One of the stars shall be bigger than the others, with its circumcircle's diametre being three-tenth of the height of the Flag, and shall be placed in the left; the four other stars shall be smaller, with their circumcircle's diametre being one-tenth of the height of the Flag, encircling the big star on its right in the shape of an arch. The cover of the staff shall be white.

(2) The five stars shall be positioned and drawn as follows:

a. To determine the position of the five stars, the face of the Flag shall be first folded both ways to form four equal rectangles; then the rectangle on the upper left shall be vertically divided into ten equal sections and horizontally divided into fifteen equal sections.

b. The central point of the big five-pointed star shall be at a point in the rectangle where the fifth line from above (or the fifth line from below), and the fifth line from the left (or the tenth line from the right) meet. The method of drawing shall be: taking this point as the centre and the length of three such equals as the radius to make a circle. On the circumference of this circle, five points with equal distances from each other shall be determined, one of the points must be in the right above position of the circle. Then connect each of the five points with every other point to form a straight line respectively. The outline formed by these five straight lines shall be the required big five-pointed star. An angle of the five-pointed star shall point in the right above direction.

c. The centres of the four small five-pointed stars shall be as follows: the first shall be at a point, in the rectangle, where the second line from above (or the eighth line from below), and the tenth line from the left (or the fifth line from the right) meet; the second shall be at a point where the fourth line from above (or the sixth line from below), and the twelfth line from the left (or the third line from the right) meet; the third shall be at a point where the seventh line from above (or the third line from below), and the twelfth line from the left (or the third line from the right) meet; the fourth shall be at a point where the ninth line from above (or the first line from below), and the tenth line from the left (or the fifth line from the right) meet. The method for drawing shall be: taking each of the above four points as the centre and the length of one such equal as the radius to make four circles. On each circle, five points with equal distances from each other shall be determined. One of such points must be on the line linking the centre of the circle with the centre of the big five-pointed star. Then the same methods used in forming the big five-pointed star shall be used to form the small five-pointed stars. The four small five-pointed stars shall respectively have an angle pointing right at the centre of the big five-pointed star.

(3) The measurement in common use for the National Flag, from which people from various circles may choose at their discretion shall be as follows:

a. 288 cm. in length, 192 cm. in height;

b. 240 cm. in length, 160 cm. in height;

c. 192 cm. in length, 128 cm. in height;

d. 144 cm. in length, 96 cm. in height;

e. 96 cm. in length, 64 cm. in height.