Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly

Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly

Order of the President [1996] No.73

August 29, 1996

The Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly, which was adopted at the 21st Session of the Standing Committee of the Eighth National People's Congress of the People's Republic of China on August 29, 1996, is hereby promulgated for implementation as of October 1, 1996.

Jiang Zemin, President of the People's Republic of China

Contents

Chapter I General Provisions
Chapter II Support and Maintenance by Families
Chapter III Social Security
Chapter IV Participation in Social Development
Chapter V Legal Liabilities
Chapter VI Supplementary Provisions

Chapter I General Provisions

Article 1 The Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly (hereinafter referred to as the "Law") is enacted in accordance with the Constitution to protect the legitimate rights and interests of the elderly, develop the undertakings related to the elderly and promote the Chinese people's virtues of respecting and providing for the elderly.

Article 2 For the purpose of the Law, the elderly are citizens at or above the age of 60.

Article 3 The State and society shall take measures to improve the social security system regarding the elderly and gradually better the conditions that contribute toward their well-being, good health and participation in social development, so that they are provided for, have access to necessary medical care, have opportunities for their own pursuits and study, and enjoy themselves.

Article 4 The State protects the rights and interests the elderly enjoy in accordance with the law.
The elderly have the right to obtain material assistance from the State and society and enjoy the achievements in social development. Discriminating against, insulting, maltreating or forsaking the elderly is forbidden.

Article 5 The people's governments at various levels shall incorporate the undertakings related to the elderly into the plans for national economic and social development, gradually increase the investment in these undertakings and encourage all sectors of society to make such investment, so that these undertakings and the economy and society develop in a coordinated manner.
The State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall take organizational measures to coordinate the efforts made by relevant departments to protect the rights and interests of the elderly. The specific institutions for that purpose shall be designated by the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Article 6 It is the duty of the entire society to protect the legitimate rights and interests of the elderly.
State organs, social groups, enterprises and public institutions shall, as per their respective functions and responsibilities, effectively protect the rights and interests of the elderly.
Neighborhood committees, villagers' committees and the organizations of the elderly established in accordance with the law shall make known the demands of the elderly, safeguard their legitimate rights and interests and serve them.

Article 7 Throughout the community a publicity and education campaign shall be launched for respecting and providing for the elderly to establish the social values under which the elderly are respected, taken care of and helped.
Youth organizations, schools and kindergartens shall carry out moral education on respecting and providing for the elderly and education in the legal system on protecting the legitimate rights and interests of the elderly among the youth and children.
Voluntary service for the elderly is advocated.

Article 8 The people's governments at various levels shall commend and award the organizations, families or individuals that have scored outstanding achievements in safeguarding the legitimate rights and interests of the elderly and respecting and providing for the elderly.

Article 9 The elderly shall observe discipline and law and perform their duties prescribed by the law.

Chapter II Support and Maintenance by Families

Article 10 The elderly are provided for mainly by their families, and their family members shall care for and look after them.

Article 11 Supporters of the elderly shall perform the obligations to financially provide for the elderly, take care of them in daily life and spiritually comfort them, and cater to their special needs.
The supporters refer to the sons and daughters of the elderly and other people who are under the legal obligation to support the elderly.
The spouses of the supporters shall assist the supporters in performing their obligation to support the elderly.

Article 12 The supporters shall pay medical expenses for the elderly suffering from illnesses and provide them with nursing care.

Article 13 The supporters shall properly arrange for the housing of the elderly and shall not compel the latter to move to inferior houses.
The sons and daughters or other relatives of the elderly shall not seize the houses owned or rent by the elderly, nor shall they, without permission of the elderly, change the property right or leasing relationship.
The supporters of the elderly have the obligation to keep the houses owned by the elderly in good repair.

Article 14 The supporters have the obligation to help farm the land the elderly contract to farm, and take care of the trees and livestock of the elderly, but the earnings therefrom shall belong to the elderly.

Article 15 The supporters shall not refuse to perform their obligations to support the elderly on the ground that they will give up their right to inheritance or for any other reasons.
If the supporters do not perform their obligations to support the elderly, the latter have the right to demand support payments from the former.
The supporters shall not ask the elderly to do any work beyond their ability.

Article 16 The elderly and their spouses have the obligations to maintain each other.
Those who were brought up by their elder brothers or sisters, if they can afford it after coming of age, have the obligations to maintain their elder brothers or sisters should the latter do not have supporters when they are advanced in years.

Article 17 The supporters may conclude an agreement among themselves on the performance of their obligations to support the elderly, subject to approval by the latter.
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