Decision of the Standing Committee of the National People's Congress on Revising the Military Service Law of the People's Republic of China
Decision of the Standing Committee of the National People's Congress on Revising the Military Service Law of the People's Republic of China
Decision of the Standing Committee of the National People's Congress on Revising the Military Service Law of the People's Republic of China
Order of the President of the People's Republic of China No.50
October 29, 2011
Adopted at the 23rd Session of the Standing Committee of the 11th National People's Congress of the People's Republic of China on October 29, 2011, the Decision of the Standing Committee of the National People's Congress on Revising the Military Service Law of the People's Republic of China is hereby promulgated and implemented as of the date of promulgation.
Hu Jintao, President of the People's Republic of China
Decision of the Standing Committee of the National People's Congress on Revising the Military Service Law of the People's Republic of China
(Adopted at the 23rd Session of the Standing Committee of the 11th National People's Congress of the People's Republic of China on October 29, 2011)
It is decided to make the following amendments to the Military Service Law of the People's Republic of China at the 23rd Session of the Standing Committee of the 11th National People's Congress:
I. Article 5 is revised to read: "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."
II. Article 6 is revised to read: "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."
III. Paragraph 2 of Article 7 is revised to read: "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."
IV. A new paragraph is added as Paragraph 2 of Article 11: "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."
V. Paragraph 1 of Article 12 is revised to read: "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."
Paragraph 3 thereof is revised to read: "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."
VI. Article 13 is revised to read: "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."
VII. A new Article 15 is added to read: "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."
VIII. Article 15 is renumbered as Article 16, and revised to read: "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."
IX. Article 16 is renumbered as Article 17, and revised to read: "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. "
X. Article 17 is renumbered as Article 18, and revised to read: "Active soldiers shall include compulsory soldiers and voluntary soldiers. The former shall be referred to as conscripts and the latter as sergeants."
XI. Article 19 is renumbered as Article 20, and revised to read: "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. Depending on the military needs, sergeants may directly be recruited from among citizens with professional skills in non-military departments.
The system of performing active service by level shall apply to sergeants. The term of active service for a sergeant shall be no more than 30 years in general, and his or her age shall be no more than 55.
Measures for sergeants performing active service by level and measures for directly recruiting sergeants from non-military departments shall be formulated by the State Council and the Central Military Commission."
XII. Article 20 is renumbered as Article 21, and a new paragraph is added as Paragraph 2 thereof to read: "The time when a soldier is discharged from active service shall be the date when the military unit concerned announces the order of discharge from active service."
XIII. Article 21 is renumbered as Article 22, and Paragraph 2 thereof is revised to read: "A soldier who is discharged from active service and assigned by his army unit to serve in the reserve shall, within 40 days after being discharged from active service, register for reserve service with the local military service organ of the county, autonomous county, city or municipal district at the locality of his or her placement."
XIV. Article 22 is renumbered as Article 23, and revised to read: "Citizens eligible for enlistment who have registered for military service according to the provisions of Article 13 of this Law but have not been enlisted for active service shall register for soldier reserve service."
XV. Article 23 is renumbered as Article 24, and revised to read: "The age for soldier reserve service shall range from 18 to 35, and may be extended by an appropriate extent when necessary. Specific measures shall be formulated by the State Council and the Central Military Commission."
XVI.
......
Order of the President of the People's Republic of China No.50
October 29, 2011
Adopted at the 23rd Session of the Standing Committee of the 11th National People's Congress of the People's Republic of China on October 29, 2011, the Decision of the Standing Committee of the National People's Congress on Revising the Military Service Law of the People's Republic of China is hereby promulgated and implemented as of the date of promulgation.
Hu Jintao, President of the People's Republic of China
Decision of the Standing Committee of the National People's Congress on Revising the Military Service Law of the People's Republic of China
(Adopted at the 23rd Session of the Standing Committee of the 11th National People's Congress of the People's Republic of China on October 29, 2011)
It is decided to make the following amendments to the Military Service Law of the People's Republic of China at the 23rd Session of the Standing Committee of the 11th National People's Congress:
I. Article 5 is revised to read: "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."
II. Article 6 is revised to read: "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."
III. Paragraph 2 of Article 7 is revised to read: "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."
IV. A new paragraph is added as Paragraph 2 of Article 11: "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."
V. Paragraph 1 of Article 12 is revised to read: "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."
Paragraph 3 thereof is revised to read: "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."
VI. Article 13 is revised to read: "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."
VII. A new Article 15 is added to read: "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."
VIII. Article 15 is renumbered as Article 16, and revised to read: "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."
IX. Article 16 is renumbered as Article 17, and revised to read: "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. "
X. Article 17 is renumbered as Article 18, and revised to read: "Active soldiers shall include compulsory soldiers and voluntary soldiers. The former shall be referred to as conscripts and the latter as sergeants."
XI. Article 19 is renumbered as Article 20, and revised to read: "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. Depending on the military needs, sergeants may directly be recruited from among citizens with professional skills in non-military departments.
The system of performing active service by level shall apply to sergeants. The term of active service for a sergeant shall be no more than 30 years in general, and his or her age shall be no more than 55.
Measures for sergeants performing active service by level and measures for directly recruiting sergeants from non-military departments shall be formulated by the State Council and the Central Military Commission."
XII. Article 20 is renumbered as Article 21, and a new paragraph is added as Paragraph 2 thereof to read: "The time when a soldier is discharged from active service shall be the date when the military unit concerned announces the order of discharge from active service."
XIII. Article 21 is renumbered as Article 22, and Paragraph 2 thereof is revised to read: "A soldier who is discharged from active service and assigned by his army unit to serve in the reserve shall, within 40 days after being discharged from active service, register for reserve service with the local military service organ of the county, autonomous county, city or municipal district at the locality of his or her placement."
XIV. Article 22 is renumbered as Article 23, and revised to read: "Citizens eligible for enlistment who have registered for military service according to the provisions of Article 13 of this Law but have not been enlisted for active service shall register for soldier reserve service."
XV. Article 23 is renumbered as Article 24, and revised to read: "The age for soldier reserve service shall range from 18 to 35, and may be extended by an appropriate extent when necessary. Specific measures shall be formulated by the State Council and the Central Military Commission."
XVI.
......