Interim Procedures of Shanghai Municipality on the Work of the Placement of Soldiers Released from Military Service
Interim Procedures of Shanghai Municipality on the Work of the Placement of Soldiers Released from Military Service
Interim Procedures of Shanghai Municipality on the Work of the Placement of Soldiers Released from Military Service
Decree [2002]No.126 of the Shanghai Municipal People' s Government
October 16,2002
Chapter I General Provisions
Article 1 (Purpose and Basis)
With a view to well completing the job of placing soldiers released from military service and safeguarding their legitimate rights and interests, these Procedures are formulated in accordance with the "Law of the People' s Republic of China on Military Service" , the "Regulations on the Placement of Demobilized Compulsory Servicemen" promulgated by the State Council, and the "Regulations of Shanghai Municipality on Conscription" , and in the light of the actual circumstances of this Municipality.
Article 2 (Scope of Application)
These Procedures are applicable to the acceptance and placement in this Municipality of soldiers released from military service (hereinafter referred to as ex-soldiers) in the Chinese People' s Liberation Army and the Chinese People' s Armed Police.
Article 3 (Meaning)
The ex-soldiers as referred to in these Procedures include:
(1) Demobilized compulsory servicemen,
(2) Demobilized non-commissioned officers, and
(3) Non-commissioned officers transferred to civilian work.
Article 4 (Functional Departments)
The work of placement of ex-soldiers shall be conducted under the leadership of the people' s governments at various levels.
The Municipal Civil Affairs Bureau (hereinafter referred to as the Municipal Placement Department) is the competent administrative department of the work of placement of ex-soldiers. The district / county civil affairs departments (hereinafter referred to as district / county placement departments) shall be specifically responsible for the work of placement of ex-soldiers within their respective administrative areas.
The administrative departments of labour security, personnel, public security, taxation, conscription, industry and commerce administration, and education, etc., shall do well the work relevant to the placement of ex-soldiers in accordance with their respective functions and duties.
Article 5 (Principle of Placement)
The placement of ex-soldiers shall be conducted in the principle of "where from, where to" and through the method of mandatory placement combined with two-way choice by ex-soldiers and accepting units.
The ex-soldiers shall be encouraged to seek employment on their own.
Chapter II Acceptance
Article 6 (Administration of Acceptance)
Soldiers approved to be released from active military service under the provisions of the State Council and the Central Military Commission of the CPC shall be accepted and placed by the municipal and district / county placement departments if they meet the conditions of acceptance.
Ex-soldiers who were conscripted in this Municipality shall generally be accepted by the district / county placement departments in the original conscription areas, or by the district / county placement departments in the areas of their parents' or spouses' registered permanent residence at the time of their release.
Ex-soldiers who were not conscripted in this Municipality shall be accepted in accordance with the following provisions:
(1) Unmarried non-commissioned officers transferred to civilian work, unmarried demobilized non-commissioned officers who were conscripted not at jobs and demobilized compulsory servicemen who were conscripted not at jobs, whose parents had their registered permanent residence moved to this Municipality during the time of their military service, shall be accepted by the district / county placement departments in the areas of their parents' registered permanent residence;
(2) Demobilized non-commissioned officers and non-commissioned officers transferred to civilian work shall be accepted by the district / county placement departments in the areas of their spouses' registered permanent residence if their spouses have registered permanent residence in this Municipality and if they have been married for not less than two years; and
(3) In other special cases as provided by the state, the ex-soldiers who are approved by the Municipal Placement Department to be accepted by this Municipality shall be accepted by the district / county placement departments designated by the Municipal Placement Department.
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