Military Service Law of China (2011 Amendment)

 2018-05-15  12


Military Service Law of China (2011 Amendment)


· Document Number:Order No. 50 of the President of the People's Republic of China

· Area of Law: Military

· Level of Authority: Laws

· Date issued:10-29-2011

· Effective Date:10-01-1984

· Status: Effective

· Issuing Authority: Standing Committee of the National People's Congress

 

Military Service Law of China
(Adopted at the Second Session of the Sixth National People's Congress on May 31, 1984, Issued by Order No.14 of the President of the People's Republic of China, amended for the first time in accordance with the Decision of the Sixth Session of the Standing Committee of the Ninth National People's Congress Concerning Amendment to the Military Service Law of the People's Republic of China on December 29, 1998; amended for the second time in accordance with the Decision of the Tenth Session of the Standing Committee of the 11th National People's Congress Concerning Amendment to the Some Laws on August 27, 2009; and amended for the third time in accordance with the Decision of the 23rd Session of the Standing Committee of the 11th National People's Congress Concerning Amendment to the Military Service Law of the People's Republic of China on October 29, 2011)
Contents
Chapter I General Provisions 
Chapter II Enlistment in Peacetime 
Chapter III Active Service and Reserve Service of Soldiers 
Chapter IV Active Service and Reserve Service of Officers 
Chapter V Cadets Enrolled by Universities and Colleges of the Army from Young Students 
Chapter VI The Militia 
Chapter VII Military Training for Reservists 
Chapter VIII Military Training for Students of Regular Institutions of Higher Learning and Ordinary High Schools 
Chapter IX Mobilization of Troops in Wartime 
Chapter X Treatment for Active Servicemen and Resettlement of Ex-Servicemen 
Chapter XI Legal Liabilities 
Chapter XII Supplementary Provisions 
Chapter I General Provisions
Article 1 This Law is enacted pursuant to Article 55 of the Constitution of the People's Republic of China which stipulates, " it is the sacred duty of every citizen of the People's Republic of China to defend the motherland and resist aggression. It is the honourable duty of citizens of the People's Republic of China to perform military service and join the militia in accordance with the law," and in accordance with other relevant provisions of the Constitution.
Article 2 The People's Republic of China practises a military service system which combines conscripts with volunteers and a militia with a reserve service.
Article 3 All citizens of the People's Republic of China, regardless of ethnic status, race, occupation, family background, religious belief and education, have the obligation to perform military service according to the provisions of this Law.
Exemptions from military service shall be granted to persons unfit for it owing to serious physical defects or serious deformities.
Persons deprived of political rights by law may not perform military service.
Article 4 The armed forces of the People's Republic of China shall be composed of the Chinese People's Liberation Army, the Chinese People's Armed Police Force and the Militia.
Article 5 The military service shall comprise the active service and the reserve service. Those serving in the Chinese People's Liberation Army are active servicemen while those pre-regimented into active forces, or regimented into reserve forces or militia organizations for reserve service after registration or performing reserve service in any other form are reservists.
Article 6 Active servicemen and reservists must abide by the Constitution and laws, and shall perform their obligations and at the same time enjoy their rights as citizens. Their rights and obligations resulting from their joining the military service shall be specified by this Law and other relevant law and regulations.
Article 7 Active servicemen must abide by the rules and regulations of the army, faithfully discharge their duties and always be ready to fight for the defense of the motherland.
Reservists must participate in military training and perform military duties according to relevant provisions and be ready to join the army and take part in war at any time for the defense of the motherland.
Article 8 Medals, decorations or titles of honour shall be given to active servicemen and reservists who perform meritorious deeds.
Article 9 The People's Liberation Army shall practise a system of military ranks.
Article 10 Responsibility for military service work throughout the country shall be assumed by the Ministry of National Defense under the leadership of the State Council and the Central Military Commission.
The military commands shall be responsible for military service work within their respective areas as assigned by the Ministry of National Defense.
The provincial commands (garrison commands), sub-commands (garrison commands) and the departments of people's armed forces of counties, autonomous counties, cities and municipal districts shall concurrently act as the military service organs of the people's governments at corresponding levels and shall be responsible for military service work in their respective areas under the leadership of military organs at higher levels and the people's governments at corresponding levels.
Government organs, public organizations, enterprises and institutions and the people's governments of townships, nationality townships, and towns shall carry out military service work according to the provisions of this Law. Professional work concerning military service shall be handled by the department of people's armed forces or by a designated department where there is no such department.
Chapter II Enlistment in Peacetime
Article 11 The number of citizens to be enlisted for active service each year, the requirements for them to be enlisted and the time schedule for enlistment shall be prescribed by order of the State Council and the Central Military Commission.
The local people's governments at the county level and above shall organize military service organs and relevant departments to form enlistment work office to be responsible for organizing the enlistment.
Article 12 Each year, male citizens who have reached 18 years of age by December 31 should be enlisted for active service. Those who are not enlisted during the year shall remain eligible for active service until they are 22, and the age limit for enlistment of graduates from regular institutions of higher learning may be relaxed to 24.
To meet the needs of the armed forces, female citizens may be enlisted for active service according to the provision of the preceding paragraph.
According to the need of the armed forces and on the basis of their own free will, citizens who have reached 17 years of age but have not yet reached 18 years of age by December 31 of a certain year may be enlisted for active service.
Article 13 The state shall adopt a military service registration system. Each year, male citizens who will be 18 years old by December 31 shall be registered for military service by June 30 of the year according to the arrangements of military service organ of counties, autonomous counties, cities of municipal districts. Those who have registered for military service and have passed the preliminary examination are called citizens eligible for enlistment.
Article 14 During the period of enlistment, citizens eligible for enlistment shall, upon notification by the military service organs of counties, autonomous counties, cities or municipal districts, go to the designated health centres in time for physical examination.
Citizens eligible for enlistment who are qualified for active service shall be enlisted for such service upon approval by the military service organs of counties, autonomous counties, cities or municipal districts.
Article 15 During the period of enlistment, where a citizen eligible for enlistment is enlisted for active service and at the same time, is recruited or employed by a government organ, organization, enterprise or public institution, he shall give priority to the performance of military service obligations; and the relevant government organ, organization, enterprise or public institution shall obey the needs of natural defense and construction of the armed forces and support the enlistment of soldiers.
Article 16 The enlistment of a citizen eligible for enlistment may be deferred if he is the only labor force to support his family.
Article 17 A citizen eligible for enlistment shall not be enlisted if he is under investigation, prosecution or trial according to law, or if he has been sentenced to imprisonment, criminal detention or public surveillance and is serving his sentence.
Chapter III Active Service and Reserve Service of Soldiers
Article 18 Soldiers in active service shall include soldiers subject to the compulsory military service system and soldiers subject to the voluntary military service system, and the former shall be called conscripts while the latter shall be called non-commissioned officers.
Article 19 The term of active service for a conscript is two years.
Article 20 Upon the expiration of his or her term of active service, a conscript may, according to the needs of the armed forces and on the basis of his or her own free will, be changed to a non-commissioned officer with approval by a unit at or above the regimental level. According to the needs of the armed forces, non-commissioned officers may be directly recruited from citizens with professional skills in non-military departments.
A system of graded active service shall apply to non-commissioned officers. A non-commissioned officer shall generally perform active service for a period of no more than 30 years, up to the age of 55.
The measures for graded active service by non-commissioned officers and the measures for direct recruitment of non-commissioned officers from non-military departments shall be formulated by the State Council and the Central Military Commission.
Article 21 A soldier shall be discharged from active service upon the expiration of his term of active service. Those who have to be discharged from active service because of a reduction in the personnel of the armed forces, a condition of health unfit for continued service as diagnosed and certified by a hospital of the armed forces or other special reasons may be discharged before the expiration of their terms of active service upon approval by a division headquarters or a higher organ.
The time at which a soldier is to be retired from active service shall be the date on which his or her army unit announces the order of having him or her retired from active service.
Article 22 A soldier who is discharged from active service but is qualified for reserve service shall be assigned by his army unit to serve in the soldiers' reserve; a soldier who is considered after assessment to be fit for the post of an officer shall serve in the officers' reserve.
A soldier who is retired from active service and is assigned by his or her army unit to perform reserve service shall, within 40 days from being retired from active service, register for reserve service with the military service organ of the county, autonomous county, city or municipal district of the plate of resettlement.
Article 23 Citizens eligible for enlistment who have registered for military service according to Article 13 of this Law but have not been enlisted for active service shall register for reserve service of soldiers.
Article 24 Persons serving in the soldier reserve shall be at the age of 18 to 35, and the age limit may be appropriately extended as needed. The specific measures shall be formulated by the State Council and the Central Military Commission.
Article 25 Persons in the soldiers' reserve shall be divided into two categories:
Persons serving in the soldier reserve of Class One shall include:
(1)reserve soldiers pre-regimented into active forces;
(2)reserve soldiers regimented into reserve forces; and
(3)personnel who have registered for reserve service and are regimented into primary militia organizations.
Persons serving in the soldier reserve of Class Two shall include:
(1)personnel who have registered for reserve service and are regimented into ordinary militia organizations; and
(2)other personnel who have registered for reserve service and are assigned to serve in the soldier reserve.
Reserve soldiers shall be retired from reserve service if they reach the maximum age for reserve service.
Chapter IV Active Service and Reserve Service of Officers
Article 26 Officers in active service shall be replenished with the following personnel:
(1)graduates from universities and colleges of the army who are selected from outstanding soldiers and graduates from ordinary high schools;
(2)national defense graduates from regular institutions of higher learning and other fresh outstanding graduates;
(3)outstanding soldiers directly promoted who have a diploma of a regular institution of higher learning at or above the undergraduate level;
(4)civilian cadres who are transferred to officers in active service; and
(5)professional and technical personnel and other personnel recruited outside of the armed forces.
In wartime, soldiers, reserve officers called up and personnel of non-military departments may be directly appointed as officers.
Article 27 Officers in reserve service shall consist of the following:
(1) officers who have been discharged from active service and transferred to reserve service;
(2) soldiers who have been discharged from active service and assigned to serve in the officers' reserve;
(3) graduates of regular institutions of higher learning assigned to serve in the officers' reserve;
(4) full-time cadres of the departments of people's armed forces and cadres of the militia assigned to serve in the officers' reserve; and
(5) cadres and professional and technical persons of non-military departments assigned to serve in the officers' reserve.
Article 28 The maximum age for officers in active and reserve services shall be stipulated in the Law of the People's Republic of China on Officers in Active Service and the Reserve Officers Law of the People's Republic of China.
Article 29 Officers in active service who have attained the maximum age stipulated for such service shall be discharged from active service; those who have not attained the maximum age but have to be discharged from active service for special reasons may be discharged from such service with approval.
Officers discharged from active service may be transferred to the officers' reserve if they are qualified to serve in it.
Article 30 Officers who have been retired from active service and transferred to reserve service, and soldiers who have been retired from active service and assigned to serve in the officer reserve shall, within 30 days upon their arrival at the places of resettlement, register as reserve officers with the military service organs of the local counties, autonomous counties, cities and municipal districts.
A full-time officer of the people's armed force, cadre of the militia, graduate from a regular institution of higher learning, and person of a non-military department selected to hold the post of reserve officer shall be reported by the military service organ of the county, autonomous county, city or municipal district of the place where his or her entity is located or of the place of his or her registered permanent residence to the military organ at a higher level for approval, and be registered for officer reserve service.
Reserve officers who have attained the maximum age stipulated for reserve service shall be discharged from such service.
Chapter V Cadets Enrolled by Universities and Colleges of the Army from Young Students
Article 31 Universities and colleges of the army may, according to needs in building up the armed forces, enroll cadets from among student youths. The age limit for the cadets to be enrolled need not be subject to that for the active servicemen to be enlisted.
Article 32 A cadet who has completed his or her study and passed the examination shall be given a diploma by the university or college of the army and shall be appointed as an officer in active service, civilian cadre or non-commissioned officer according to relevant provisions.
Article 33 A cadet who has completed the required courses but has failed the examination shall be given a certificate of completion of the courses by the university or college of the army and shall return to the place of his or her registered permanent residence before enrollment. If during his or her study, his or her parents have handled the formalities for transfer of the registered permanent residence, he or she may return to the place of the current registered permanent residence of his or her parents, and shall be accepted and resettled by the people's government of the county, autonomous county, city or municipal district according to relevant provisions of the state.
Article 34 A cadet who suffers from a chronic disease or is unsuitable for continuing his or her study at the university or college of the army for any other reason and who thus leaves the university or college upon approval shall be given a certificate of attendance by the university or college and shall return to the place of his or her permanent residence before enrollment. If during his or her study, his or her parents have handled the formalities for transfer of the registered permanent residence, he or she may return to the place of the current registered permanent residence of his or her parents, and shall be accepted and resettled by the people's government of the county, autonomous county, city or municipal district according to relevant provisions of the state.
Article 35 A cadet who is dismissed from the university or college shall return to the place of his or her permanent residence before enrollment. If during his or her study, his or her parents have handled the formalities for transfer of the registered permanent residence, he or she may return to the place of the current registered permanent residence of his or her parents, and the people's government of the county, autonomous county, city or municipal district shall handle the case according to relevant provisions of the state.
Article 36 The armed forces may, according to the needs of national defense, rely on regular institutions of higher learning to recruit, select and train students of national defense. The students of national defense may benefit from the scholarship of national defense during their study at colleges or universities, and shall receive military training and political education, and fulfill other obligations as stipulated in the agreements on training students of national defense. After graduation, they shall fulfill the training agreements to perform active service in the armed forces, handle the formalities for enrollment according to the relevant provisions and be appointed as officers in active service or civilian cadres.
During his or her study at a college or university, if a student of national defense is unsuitable for continued training as a student of national defense in accordance with the relevant provisions, but meets the training requirements for ordinary students of his or her college or university, he or she may be changed to an ordinary student upon approval of the relevant department of the armed forces. If he or she is dismissed or withdrawn from the college or university, his or her college or university shall handle the case in accordance with the relevant provisions of the state.
Article 37 The provisions of Articles 32, 33, 34 and 35 of this Law shall also apply to cadets enrolled from among soldiers in active service.
Chapter VI The Militia
Article 38 The militia is an armed organization consisting of persons with full-time non-militia employment, and is an assistant and reserve force for the Chinese People's Liberation Army.
The tasks of militia shall include:
(1)taking part in the construction of socialist modernization;
(2)performing duties related to preparations for war, participating in defense operations, resisting aggression, and defending the motherland;
(3)augmenting active forces with soldiers; and
(4)assisting in the maintenance of social order and participating in emergency rescue disaster relief.
Article 39 Townships, ethnic townships, towns, sub-districts, enterprises and public institutions shall establish militia organizations. Where male citizens between the age of 18 and 35 meeting the requirements for military service are regimented into militia organizations by the military service organs of local people's governments, they should join the militia organization.
According to needs, female citizens at the age of 18 or over and male citizens at the age of 35 or over may be drafted into militia organizations.
After the state issues a mobilization order, militia personnel within the scope of the mobilization shall not be discharged from their militia organization, and shall not leave the place where their militia organization is located without the approval of the military service organ of the people's government of the county, autonomous county, city or municipal district.
Article 40 Militia organizations shall include primary militia organizations and ordinary militia organizations. A primary militia organization is the backbone of militia organizations, which mainly consists of soldiers retired from active service and other personnel who have received or are selected for military training or who have professional and technical expertise and have not performed active service. A primary militia organization may be regimented by selecting personnel from several entities within a certain region. Citizens who meet the requirements for military service and have not joined a primary militia organization shall be regimented into ordinary militia organizations on the basis of their area or entities.
Chapter VII Military Training for Reservists
Article 41 Military training for reserve soldiers shall be conducted within the active forces, reserve forces or militia organizations, or in other organizational forms.
Reserve soldiers who have not performed active service but are pre-regimented into active forces, regimented into reserve forces or regimented into primary militia organizations shall receive military training for 30 to 40 days when the soldier is between the ages of 18 to 24. The training time for professional and technical soldiers may be determined according to actual needs. The retraining of reserve soldiers who have performed active service or have received military training, and military training for other reserve soldiers, shall be conducted in accordance with the provisions of the Central Military Commission.
Article 42 Reserve officers shall receive military training for three to six months during the period of their reserve service. If they are pre-regimented into active forces or hold posts in reserve forces, their military training time may be extended as is appropriate.
Article 43 The State Council and the Central Military Commission may, when necessary, decide that the reservists shall participate in emergency training.
Article 44 Allowances for food and transportation for reservists participating in military training and performing military duties shall be governed by the relevant provisions of the state. If a reservist is a staff member or employee of a government organ, organization, enterprise or public institution, during his or her participation in military training or performance of military duties, the entity where he or she works shall maintain his or her original salary, bonuses and welfare benefits. Subsidies for lost working time for other reservists due to participation in military training or performance of military duties shall be governed by the relevant provisions of the state.
Chapter VIII Military Training for Students of Regular Institutions of Higher Learning and Ordinary High Schools
Article 45 Students of regular institutions of higher learning must receive basic military training during the period of their schooling.
To meet the needs of national defense, additional short-term, concentrated training shall be given to students fit for the posts of officers', and those who are considered qualified after assessment shall serve in the officers' reserve upon approval by military organs.
Article 46 Offices in charge of military training shall be set up and military instructors provided in regular institutions of higher learning to organize and conduct the military training of the students.
The short-term, concentrated training for students to become reserve officers as prescribed in paragraph 2 of Article 45 shall be organized and conducted jointly by officers in active service sent from military departments and the offices in charge of military training in the regular institutions of higher learning.
Article 47 Ordinary high schools and secondary vocational schools shall be provided with military instructors to conduct military training for the students.
Article 48 The military training of students of regular institutions of higher learning and students of ordinary high schools shall be under the charge of the Ministry of Education and the Ministry of National Defense. Educational departments and military departments shall set up agencies or appoint full-time cadres to handle matters concerning the military training of students.
Chapter IX Mobilization of Troops in Wartime
Article 49 In order to cope with an enemy's surprise attack and resist aggression, people's governments and military organs at all levels must, in peacetime, make preparations for the mobilization of troops in wartime.
Article 50 Upon the issuance of a mobilization order by the State, people's governments and military organs at all levels must promptly carry out the mobilization:
(1) Active servicemen must not be discharged from active service, and those on vacation or on home leave must immediately return to their respective units.
(2) Reservists and students of national defense must be ready to be called up for active service at any time and must, upon receipt of notice, register at the designated place, at the specified time;
(3) Responsible persons of government departments, public organizations, enterprises and institutions and of the people's governments of townships, nationality townships, and towns must see to it that the reservists in their respective units who have been called up report at the designated places on time.
(4) Transport departments shall give priority to the transport of reservists and students of national defense who are called up for active service, and of active servicemen returning to their units.
Article 51 According to wartime needs, the State Council and the Central Military Commission may decide to call up male citizens between the ages of 36 to 45 for active service, and may decide to extend the term of active service of citizens.
Article 52 When the war is over, active servicemen to be demobilized shall be discharged from active service in staggered groups in accordance with the demobilization order issued by the State Council and the Central Military Commission, and shall be properly placed by the people's governments at various levels.
Chapter X Treatment for Active Servicemen and Resettlement of Ex-Servicemen
Article 53 The state shall ensure that active servicemen shall receive benefit corresponding to their duties. The benefit of active servicemen shall be in line with the national economic development and conform to social progress.
A system linking salary to post and military rank shall apply to officers, a system linking salary to military rank and rating shall apply to non-commissioned officers, and conscripts shall enjoy the living treatment under the free supply system. Active servicemen shall enjoy the prescribed allowances, subsidies and incentive pay. The state shall establish a normal wage growth mechanism for servicemen.
Active servicemen shall enjoy the prescribed welfare benefit in terms of vacation, health recovery, medical care, housing and so on. The state shall improve the welfare benefit of active servicemen according to economic and social developments.
The state shall implement a servicemen insurance system which shall be linked with the social insurance system. Servicemen shall enjoy the prescribed insurance benefits for servicemen during their period of active service. After retirement from active service, servicemen shall continue to benefit from social insurance programs such as pension, health care and unemployment benefits according to the relevant provisions of the state and enjoy corresponding social insurance benefits. During the period that the spouse of an active serviceman is residing with the serviceman but is not employed, he or she shall enjoy corresponding security benefit according to the relevant provisions of the state.
Article 54 The state shall establish and improve the resettlement system for soldiers retired from active service which mainly comprises employment support and combination of a variety of other initiatives such as independent employment seeking, job arrangement by government, retirement, government support and continued study.
Article 55 Where an active serviceman has been admitted to a regular institution of higher learning or is studying at a regular institution of higher learning before enlistment, his or her qualification for admission or status as a student shall be maintained during the military service, and he or she shall be permitted to be enrolled in or return to the institution of higher learning within two years of retirement from active service, and shall benefit from scholarships, grants, tuition deduction or exemption and other preferential treatment in accordance with the relevant provisions of the state. After being enrolled in or returning to the institution of higher learning, if he or she participates in the selection of students of national defense, selection of candidates for rural grassroots service projects organized by the state or the selection of candidates for officers after graduation, he or she shall be recruited in priority.
Where a conscript or a non-commissioned officer who has performed active service for less than 12 years was a staff member or employee of a government organ, organization, enterprise or public institution, his or her personnel relationship or employment relationship shall be reserved during the active service, and he or she may choose to return to the original post or job after retirement from active service.
During the period of active service, the right to contracted management of rural land lawfully obtained by a conscript or a non-commissioned officer before enlistment shall be reserved.
Article 56 Active servicemen, disabled servicemen, ex-servicemen, and surviving family members of martyrs and of servicemen who sacrificed their lives in actions or died of work-related diseases, and family members of active servicemen shall be honored by the general public and given preferential treatment by the state and society. Family members of officers and non-commissioned officers shall enjoy preferential treatment from the state and society in respect of residing with the officers and non-commissioned officers, employment, job transfer and education for their children.
Article 57 Active servicemen who are disabled due to military operations, duties or diseases shall have their disability graded in accordance with the provisions of the state and be given a certificate for disabled servicemen, and enjoy the treatment as prescribed by the state and a pension for the disabled. A disabled serviceman who continues active service due to army's needs shall be given a pension for the disabled by his unit in accordance with the relevant provisions.
Where active servicemen are disabled due to military operations, duties or diseases, they shall be appropriately resettled through such means as job arrangement by government, government support and retirement according to their disability grade in accordance with the provisions of the state. Disabled servicemen with the capability to work who are retired from active service shall have priority in benefiting from the preferential policies for employment of the disabled as prescribed by the state.
After disabled servicemen and servicemen suffering from chronic diseases are retired from active service, the local people's governments at the county level or above of the places of resettlement shall be responsible for accepting and resettling them in accordance with relevant provisions of the State Council and the Central Military Commission. Those who contracted chronic diseases and need medical treatment because of a recurrence of such diseases shall be treated by local medical institutions. If they have financial difficulties in paying the necessary medical and living expenses, they shall be subsidized in accordance with the provisions of the state.
Active servicemen and disabled servicemen shall enjoy preferential treatment in sightseeing of parks, museums, exhibition halls and historic sites, and have priority in buying tickets for travel by train, ship, long-distance bus or civil flight within the territory of China. Disabled servicemen shall enjoy the preferential treatment of a reduction in the normal price of the abovementioned tickets, and take intra-city buses, trolleys or railcars free of charge. Ordinary mail sent by conscripts from their units shall be free of charge.
Article 58 During the period when conscripts are in active service, their families shall be granted preferential treatment by the local people's governments. The standard for preferential treatment shall not be lower than the local average living standard, and the specific measures shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 59 A lump sum pension shall be granted by the state to the surviving family members of an active serviceman who has sacrificed his or her life or died of a disease. If the surviving family members have no regular income and cannot make a living, or meet other conditions as prescribed by the state, the state shall separately provide them with regular pension benefits.
Article 60 A conscript retired from active service shall be given retirement pay according to the provisions of the state, accepted by the local people's government at the county level or above of the place of resettlement and may be given a financial subsidy according to the actual local situation.
After a conscript is retired from active service, the local people's government at the county level or above of the place of resettlement shall arrange him or her to participate in vocational education or skills training free of charge, and issue a corresponding diploma or professional qualification certificate and recommend him or her for a job if he or she has passed the examination or assessment. Conscripts retired from active service shall enjoy the support and preferential policies of the state for employment.
A conscript retired from active service may enter a secondary vocational school without examination. A conscript applying for being enrolled in a regular institution of higher learning or accepting adult education shall be awarded extra points and benefit from other preferential policies. A conscript admitted to a regular institution of higher learning or a secondary vocational school within the time limit prescribed by the state shall benefit from a grant issued by the state.
Where a conscript retired from active service applies for signing up for acivil servant examination or for a post with a public institution, his or her experience in active service with the army unit shall be deemed as grassroots work experience and he or she shall be recruited or employed in priority under the same conditions.
Where a conscript, who is awarded a second-grade merit or higher in peacetime or is awarded a third-grade merit or higher in wartime during their period of active service, or is a child of a martyr or is disabled due to military operations and is assessed with a disability grade of five to eight, and is retired from active service, the local people's government at the county level or above of the place of resettlement shall arrange a job for him or her. The local people's government shall grant living allowances to the conscript according to the relevant provisions of the state while he or she is waiting for the arrangement of job. If the conscript voluntarily chooses to seek employment on his or her own, it shall be handled according to the provisions in paragraph 1 through paragraph 4.
The state shall, according to the economic and social development level, adjust the standards for retirement pay. The funds needed for the resettlement of soldiers retired from active service shall be paid jointly by the Central Government and the local people's governments at all levels.
Article 61 Non-commissioned officers who are retired before having performed 12 years of active service shall be resettled in accordance with Article 60 of this Law.
Where a non-commissioned officer is retired after having performed 12 years or more of active service, the local people's government at the county level or above of the place of resettlement shall arrange a job for him or her. The local people's government shall grant living allowances to him or her according to the relevant provisions of the state during the period while he or she is waiting for the arrangement of a job. If he or she voluntarily chooses to seek employment on his or her own, it shall be handled according to the provisions in paragraph 1 through paragraph 4 of Article 60 of this Law.
Non-commissioned officers who have performed active service for 30 years or longer or who have reached the age of 55 shall retire.
Non-commissioned officers who are disabled due to military operations, duties or diseases and lose their ability to work during the period of their active service shall be resettled according to the relevant provisions of the state.
Article 62 The specific measures for the resettlement of soldiers retired from active service shall be formulated by the State Council and the Central Military Commission.
Article 63 Officers retired from active service shall be appropriately resettled by the state by transferring them to civilian work, demobilization, retirement and other means. In the case of transfer to civilian work, a combination of planned allocation and independent employment seeking shall be adopted according to the relevant provisions. In the case of demobilization, officers shall be accepted and resettled by the people's governments of the places of resettlement according to the relevant provisions and shall benefit from relevant preferential policies on employment. Officers who meet the conditions for retirement shall retire according to the relevant provisions after retirement from active service.
Officers who are disabled due to military operations, duties or diseases and lose their ability to work during the period of their active service shall be resettled according to the relevant provisions of the state.
Article 64 Government organs, organizations, enterprises and public institutions shall have the obligation to accept and resettle ex-servicemen, and shall give priority to recruiting and hiring ex-servicemen under the same conditions when recruiting or hiring staff or employees. With respect to ex-servicemen for whom jobs shall be arranged by government in accordance with Articles 60, 61, and 63 of this Law, they shall put forth their best efforts in arranging jobs for such ex-servicemen according to the resettlement tasks and requirements of the state.
The number of years of a serviceman's active service shall be counted into his or her length of service, and shall be calculated cumulatively with the service years with his or her entity after he or she is retired from active service.
The state shall encourage and provide support for government organs, organizations, enterprises and public institutions to accept and resettle ex-servicemen. The entities which accept and resettle ex-servicemen shall enjoy preferential policies on tax and other aspects according to the provisions of the state.
Article 65 Where a militiaman or reservist sacrifices his or her life or is disabled while taking part in a military operation, participating in military training or performing military duties, or where a student sacrifices his or her life or is disabled while participating in military training, the local people's government shall grant him or her a pension and preferential treatment in accordance with the relevant provisions of the Regulation on Pensions and Preferential Treatments for Servicemen.
Chapter XI Legal Liabilities
Article 66 If a citizen who has the duty to perform military service commits any of the following acts, he shall be ordered by the people's government at the county level to make amends within a time limit; if he fails to do so, he shall be compelled to fulfil his duty of military service and may also be fined by the said government:
(1) refusing to register for military service or evading such registration, or refusing to take physical examination or evading such examination;
(2) refusing to be enlisted or evading enlistment if he is eligible for enlistment; or
(3) refusing to receive or evading military training, refusing to perform or evading military duties, or refusing or evading enlistment if he or she is a reservist.
Any citizen who commits any of the acts mentioned in subparagraph 2 of the preceding paragraph and who refuses to make rectifications shall not be recruited as a civil servant or a staff member administered under the guidance of the Civil Servant Law, and shall not go abroad (overseas) or go to a school of a higher grade within two years.
Where a student of national defense breaches the training agreement and fails to fulfill corresponding obligations, he or she shall be liable for the breach of contract according to law, and shall be withdrawn from the school or subject to any other penalty by his or her school according to the circumstances. If he or she refuses to perform active service after graduation, he or she shall be liable for the breach of contract according to law and be dealt with according to paragraph 2 of this Article.
Where, in wartime, any citizen commits any of the acts listed in subparagraphs 2 and 3 of paragraph 1 or in paragraph 3 of this Article, and if a crime is constituted, he or she shall be subject to criminal liability according to law.
Article 67 Any active serviceman who refuses to perform his duties or deserts the armed forces in order to evade military service shall be given sanction in accordance with the regulations of the Central Military Commission; if the case is serious enough to constitute a crime, he shall be investigated for criminal liability according to law.
Where an active serviceman commits any of the acts prescribed in the preceding paragraph and is expelled or dishonorably discharged by his or her unit or is subject to criminal liability according to law, he or she shall not be recruited as a civil servant or as a staff member administered under the guidance of the Civil Servant Law, and shall not go abroad (overseas) or go to a school of a higher grade within two years.
Any person who knowingly employs an individual who has deserted the armed forces shall be ordered to set it right and be fined by a people's government at the county level; if the case is serious enough to constitute a crime, he shall be investigated for criminal liability according to law.
Article 68 Where any government organ, organization, enterprise or public institution refuses to complete the task of military service task as prescribed in this Law, obstructs any citizen's performance of his or her obligation of military service, refuses to accept or resettle ex-servicemen or commits any other act of obstructing the work of military service, it shall be ordered to make rectifications and may also be fined by the local people' s government at the county level or above. The leaders responsible for the entity, directly responsible persons-in-charge and the other directly liable persons shall be punished according to law.
Article 69 Any person who disrupts the order of military service work or obstructs military service workers' lawful performance of their duties shall be punished in accordance with the provisions of the Law of the People's Republic of China on Public Security Administration Punishments; if he resorts to violence or threat and if the case is serious enough to constitute a crime, he shall be investigated for criminal liability according to law.
Article 70 Any State functionary or armyman who, in military service work, commits any of the following acts, if the case is serious enough to constitute a crime, shall be investigated for criminal liability according to law; if the case is not serious enough to constitute a crime, he shall be given sanction:
(1) taking bribes;
(2) abusing his power or neglecting his duty; or
(3) engaging in malpractices for selfish purposes through accepting or sending unqualified recruits.
Article 71 The punishments imposed by a local people's government at the county level or above on an entity or individual in violation of this Law shall be directly handled by the military service organ of the local people's government at the county level or above jointly with the departments of administrative supervision, public security, civil affairs, health, education, human resources, and social security.
Chapter XII Supplementary Provisions
Article 72 This Law shall apply to the Chinese People's Armed Police Force.
Article 73 The Chinese People's Liberation Army shall, when necessary, equip itself with civilian cadres. The relevant provisions of this Law on officers shall apply to civilian cadres.
Article 74 This Law shall go into effect on October 1, 1984.