Law of the People's Republic of China on Reserve Officers (Amended in 2010)
Law of the People's Republic of China on Reserve Officers (Amended in 2010)
Law of the People's Republic of China on Reserve Officers (Amended in 2010)
Order of the President of the People's Republic of China No. 33
August 28, 2010
Adopted at the 13th session of the Standing Committee of the 8th National People's Congress on May 10, 1995 and amended in accordance with the Decision of the Standing Committee of the National People's Congress on Amending Law of the People's Republic of China on Reserve Officers adopted at the 16th session of the Standing Committee of the 11th National People's Congress of the People's Republic of China on August 28, 2010.
Table of Contents
Chapter I General Provisions
Chapter II Requirements, Sources and Selection of Reserve Officers
Chapter III Post Grades and Posts for Reserve Officers
Chapter IV Military Ranks for Reserve Officers
Chapter V Registration of Reserve Officers
Chapter VI Training of Reserve Officers
Chapter VII Recruitment of Reserve Officers
Chapter VIII Benefits and Treatment for Reserve Officers
Chapter IX Retirement of Reserve Officers
Chapter X Legal Liability
Chapter XI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution and the Military Service Law for the purpose of establishing a sound system of reserve officers, improving the mobilization system of the armed forces of the State, and strengthening the reserve forces for national defense.
Article 2 The term "reserve officers" as used in this Law refers to the reservists who have been assigned reserve post grades at or above the level of platoon leader, or specialized technical post grades at or above the junior level, of the People's Liberation Army, granted corresponding military ranks for reserve officers, and registered with military service organs.
Article 3 Reserve officers are an important part of reserve force for national defense and one of the major sources to supplement officers on active duty during the wartime.
Reserve officers shall perform their duties endowed by laws and may enjoy status and reputation corresponding to their duties. The state shall legally protect their legitimate rights and interests and relevant treatments.
Article 4 Reserve officers, by the nature of the posts they hold, shall be classified as operational officers, political officers, logistics officers, armament officers and specialized technical officers.
The reserve of officers, according to the needs of administration in peacetime and mobilization in wartime, comprises two classes: Class One consists of reserve officers who hold posts in reserve components or are pre-listed as officers for active components, and Class Two is composed of all other reserve officers.
Article 5 Under the leadership of the State Council and the Central Military Commission, the General Political Department of the People's Liberation Army shall be the competent authority for the administration of reserve officers throughout the country.
The political departments of the military commands, provincial military commands (including garrison commands) and military sub-commands (including garrison commands) shall be responsible for the administration of reserve officers within their respective regions. The political department of the arms of the services shall be responsible for the administration of reserve officers in the arms of services.
The people's armed forces departments of the counties, autonomous counties, cities not divided into districts, and municipal districts (hereinafter generally referred to as the people's armed forces departments at the county level) shall be in charge of the specific administration of reserve officers in their respective administrative regions.
Article 6 The departments concerned under the State Council and the local people's governments at various levels shall, in line with their division of responsibilities and in compliance with the provisions of this Law and other pertinent laws and regulations, do well the relevant work concerning the administration of reserve officers.
Article 7 The general political department of the People's Liberation Army, the political departments of the military commands, provincial military commands (including garrison commands) and military sub-commands (including garrison commands) and the people's armed forces departments at the county level in conjunction with relevant governmental departments shall establish and improve a joint conference system for military and civilian reserve officers work, regularly convene joint conferences attended by relevant military and local departments, local reserve officer commands and pre-listed reserve officers in armies on active duty, and coordinate and resolve problems arising from reserve officer work. Interim meetings may be convened in the event of special needs.
Matters discussed at the joint conference may be handled by the military and local departments pursuant to their respective duties.
Article 8 The units in which reserve officers work shall support the reserve officers in their participation in military training and performance of military duties or other obligations of military service, and render assistance in the administration of reserve officers.
Article 9 Reserve officers shall abide by the Constitution, laws and regulations as well as the relevant military rules and regulations, participate in military training and military service activities, receive political education, enhance their organizing and commanding ability and their technical proficiency, and be ready at all times to respond to the call-up for active service.
Article 10 Reserve officers who have made outstanding contributions during their performance of military duties shall be awarded honourable citations or citations for merit or conferred honourable titles in accordance with the relevant regulations of the Central Military Commission.
Units and individuals that have made outstanding achievements in their work relating to reserve officers shall be commended or awarded in accordance with relevant regulations.
Chapter II Requirements, Sources and Selection of Reserve Officers
Article 11 Reserve officers shall meet the following basic requirements:
1. to be loyal to the motherland and to observe the Constitution, laws and regulations;
2. to obey orders and commands;
3. to meet the requirements for service age of reserve officers as specified in the present Law;
4. to have been released from active service or have received military professional training and passed due examinations, possessing the scientific and cultural knowledge and the organizing and commanding ability or the technical proficiency corresponding to their posts; and
5. to be in good health.
Article 12 Reserve officers shall be selected from:
1. officers and civilian cadres released from active service;
2. soldiers released from active service;
3. full-time cadres engaged in the work concerning affairs of people's armed forces and cadres of people's militia;
4. graduates from common higher learning institutions;
5. professional technicians from non-military departments; and
6. other citizens who meet the basic requirements for reserve officers.
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