Military Service Law of the People's Republic of China (Amended in 2011)

Military Service Law of the People's Republic of China (Amended in 2011)

Order of the President of the People's Republic of China No. 50

October 29, 2011

(Adopted at the Second Session of the Sixth National People's Congress on May 31, 1984; promulgated in accordance with the Order of the President of the People's Republic of China No.14 on May 31, 1984; amended for the first time in accordance with the Decision on Amending the Military Service Law of the People's Republic of China, as adopted at the Sixth Session of the Standing Committee of the Ninth National People's Congress on December 29, 1998; amended for the second time in accordance with the Decision on Amending Certain Laws, as adopted at the Tenth Session of the Standing Committee of the Eleventh National People's Congress on August 27, 2009; and amended for the third time in accordance with the Decision on Amending the Military Service Law of the People's Republic of China, as adopted at the Twenty-third Session of the Standing Committee of the Eleventh National People's Congress 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 Military Officers
Chapter V Cadets Enrolled by Military Institutes and Academies from Among Student Youths
Chapter VI Militia
Chapter VII Military Training for Reservists
Chapter VIII Military Training for Students in Regular Institutions of Higher Education and in Regular High Schools
Chapter IX Mobilization of Troops in Wartime
Chapter X Preferential Treatment for Active Servicemen and Placement 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 that "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 honorable duty of citizens of the People's Republic of China to serve in the military and join people's militias as prescribed by law" and in accordance with other relevant provisions.

Article 2 The People's Republic of China practices 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 their ethnic status, race, occupation, family background, religious belief and education, shall be obligated 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 Military service is categorized into two groups, namely active service and reserve service. Those serving in the Chinese People's Liberation Army are active servicemen, while those pre-assigned to a regular military troop, reserve military troop, militia organization or other forms are reservists upon registration.

Article 6 Active servicemen and reservists must abide by the Constitution and the law, and shall perform their duties and at the same time enjoy their rights as citizens; their rights and duties resulting from their military service shall be subject to this law and other relevant provisions of laws 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 support services according to the provisions and always be prepared at any time to join the army and take part in war for the defense of the motherland.

Article 8 Medals, decorations or titles of honor shall be awarded to active servicemen and reservists who perform meritorious deeds.

Article 9 The People's Liberation Army shall practice 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 the 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 the 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.
Local people's governments at or above the county level shall arrange with military service organs and relevant departments to form the enlisting institutions in charge of organizing and implementing the enlistment.

Article 12 Each year, male citizens who have reached 18 years of age by December 31 shall be enlisted for active service. Those who are not enlisted during the year shall remain eligible for active service before the age of 22. The age of graduates from regular institutions of higher education may be extended 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.
A citizen who has reached the age of 17 but has not reached 18 yet by December 31 of a certain year may be enlisted for active service of his or her own accord, if it is of necessity for the armed forces to do so.

Article 13 The State runs a military service registration regime. Each year, male citizens who will be 18 years old by December 31 shall be registered for military service by June 30 of that year as arranged by the military service organs of counties, autonomous counties, cities or municipal districts. Those who have registered and have passed the preliminary examination are considered 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 centers in due 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 If a citizen eligible for enlistment is enlisted for active service and meanwhile recruited or employed by a government sector, public organization, enterprise or public institution during the period of enlistment, such citizen shall perform his or her obligation of military service first; relevant government sectors, public organizations, enterprises and institutions shall be subordinated to the needs for the construction of the national defense and the army and support the enlistment of soldiers.

Article 16 The enlistment of a citizen eligible for enlistment may be deferred if he is the only worker in his family providing its means of subsistence.

Article 17 In the event that a citizen eligible for enlistment is being investigated, prosecuted or on trial according to the law, or is serving a sentence of imprisonment, criminal detention or public surveillance, he or she shall not be enlisted.

Chapter III Active Service and Reserve Service of Soldiers

Article 18 Active soldiers shall include compulsory soldiers and voluntary soldiers. The former shall be referred to as conscripts and the latter as sergeants.

Article 19 The term of active service for a conscript is two years.

Article 20 After the expiration of active service, a conscript may change to a sergeant upon approval by units at or above the regimental level, depending on the military needs and on a voluntary basis.
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