Law of the People's Republic of China on the Protection of the Status, Rights and Interests of Military Personnel
Law of the People's Republic of China on the Protection of the Status, Rights and Interests of Military Personnel
Law of the People's Republic of China on the Protection of the Status, Rights and Interests of Military Personnel
Order of the President of the People's Republic of China No. 86
June 10, 2021
The Law of the People's Republic of China on the Protection of the Status, Rights and Interests of Military Personnel, which was adopted at the 29th session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on June 10, 2021, is hereby promulgated and shall come into effect as of August 1, 2021.
Xi Jinping, President of the People's Republic of China
Law of the People's Republic of China on the Protection of the Status, Rights and Interests of Military Personnel
(Adopted at the 29th session of the Standing Committee of the 13th National People's Congress on June 10, 2021)
Table of Contents
Chapter I General Provisions
Chapter II Status of Military Personnel
Chapter III Upholding of Honor
Chapter IV Guarantee of Benefits
Chapter V Pensions and Preferential Treatment
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated in accordance with the Constitution with a view to protecting the status as well as legitimate rights and interests of military personnel, encouraging military personnel to perform their duties and missions, making military personnel professionals who are revered by the whole of society, and promoting the modernization of national defense and armed forces.
Article 2 For the purposes of this Law, "military personnel" refer to active-service officers, non-commissioned officers, conscripts and other personnel in the Chinese People's Liberation Army (PLA).
Article 3 Military personnel shall shoulder the sacred duty and noble mission of safeguarding national sovereignty, security, development interests and the peaceful laboring of the people.
Article 4 Military personnel shall be professionals revered by the whole of society. The State and society shall respect and give preferential treatment to military personnel, ensure that military personnel can enjoy the status, rights and interests commensurate with their professional characteristics, duties and missions as well as contributions, and regularly carry out activities to support the army and give preferential treatment to the families of servicemen and martyrs in various forms.
All state authorities and armed forces, all political parties and mass organizations, enterprises and public institutions, social organizations and other organizations shall take the responsibility for the protection of the status, rights and interests of military personnel in accordance with the law, and all citizens shall legally protect the legitimate rights and interests of military personnel.
Article 5 For the protection of the status, rights and interests of military personnel, it is a requirement to adhere to the leadership of the Communist Party of China (CPC), serve the building of military combat effectiveness as the general aim, and follow the principles of unifying rights and obligations, combining material guarantee and spiritual incentives, and matching the protection level with national economic and social development.
Article 6 The political work department of the Central Military Commission (CMC), the competent department for veterans affairs under the State Council, relevant authorities of the Central Government and the State as well as relevant departments of the CMC shall, according to the division of duties, effectively protect the status, rights and interests of military personnel.
All local people's governments at or above the county level shall be responsible for protecting the status, rights and interests of military personnel within their respective administrative regions. The political work departments of military units at or above the regiment level shall be responsible for protecting the status, rights and interests of military personnel in their respective units.
Provincial military commands (garrison commands, guard commands), military sub-commands (guard commands) as well as people's armed forces departments of counties, autonomous counties, cities and municipal districts shall be responsible for the contact and coordination between the people's governments and the military units in the administrative regions where they are located in terms of protection of the status, rights and interests of military personnel, and establish a work coordination mechanism in light of the relevant needs.
Township people's governments, sub-district offices and primary-level self-governing mass organizations shall, according to their duties, effectively protect the status, rights and interests of military personnel.
Article 7 The funds required for the protection of the status, rights and interests of military personnel shall be included in the budget of the Central Government and local governments as per the principle of adapting routine power to expenditure responsibility.
Article 8 Relevant authorities of the Central Government and the State, local people's governments at or above the county level and relevant departments thereof as well as military bodies at various levels shall make the protection of the status, rights and interests of military personnel an important part of comparing and assessing the work of supporting the army and give preferential treatment to the families of servicemen and martyrs, supporting the government and cherishing the people, etc., as well as appraising and evaluating the principals and staff members of relevant units.
Article 9 The State shall encourage and guide mass organizations, enterprises, public institutions, social organizations, individuals and other social forces to legally provide support for the protection of the rights and interests of military personnel through donation and voluntary service or by other means, and if the prescribed conditions are met, they may legally enjoy policies on tax incentives, etc.
Article 10 August 1 of every year is the Army Day of the PLA, on which people's governments and military units at various levels shall organize and carry out celebration, commemoration and other activities.
Article 11 Units and individuals that make outstanding contributions to the protection of the status, rights and interests of military personnel shall be commended and rewarded in accordance with the relevant provisions of the State.
Chapter II Status of Military Personnel
Article 12 As basic members of the armed forces of the State under the leadership of the CPC, military personnel must be loyal to the motherland and the CPC, follow the CPC's command, resolutely obey orders and conscientiously perform the important duty and mission of consolidating the leadership of the CPC and the socialist system.
Article 13 As an army of the people and for the people, military personnel shall love the people, serve the people wholeheartedly and safeguard the people’s lives and property, and step forward bravely to proactively help the people whose life or property is seriously threatened.
Article 14 As a strong force in safeguarding national sovereignty, unity and territorial integrity, military personnel shall possess the fighting spirit, capability and quality necessary to consolidate national defense, resist aggression and defend the motherland, always remain on the alert in line with practical combat requirements, diligently practice their skills in killing enemies, fear no sacrifice, be competent to win battles and resolutely accomplish their tasks.
Article 15 As an important force in realizing the socialist modernization with Chinese characteristics, military personnel shall proactively devote themselves to the cause of building a modern socialist country in an all-round way and legally participate in emergency rescue and disposal work.
Article 16 Military personnel shall enjoy the political rights prescribed by the Constitution and laws to legally participate in the election of members of authorities of state power and get involved in the administration of state affairs, economic and cultural undertakings and social affairs.
Article 17 The army shall practice unity of officers and men, and all military personnel shall be equal in both politics and personality, respect each other and be treated equally.
The army shall establish and improve democratic systems such as representative meetings and committees of military personnel to guarantee military personnel's rights to know, to participate, to make suggestions and to supervise.
Article 18 Military personnel must set an example of abiding by the Constitution and laws, conscientiously perform their civic obligations as prescribed by the Constitution and laws, strictly abide by military regulations and army discipline, maintain good conduct and take the lead in practicing the core socialist values.
Article 19 The State shall provide guarantees for the performance of duties by military personnel, and their acts of legally performing duties shall be protected by law.
In the case of any damage to the legitimate rights and interests of citizens, legal persons or other organizations caused by military personnel due to the performance of missions, the State shall pay compensation or redress any damage in accordance with relevant provisions.
Citizens, legal persons and other organizations shall provide necessary support and assistance for military personnel to legally perform their duties.
Article 20 The specific rights and interests enjoyed and the specific obligations assumed by military personnel due to the performance of their duties shall be prescribed by this Law as well as relevant laws and regulations.
Chapter III Upholding of Honor
Article 21 The honor of military personnel shall be the commendation and encouragement of military personnel's dedication to national defense, army building and socialist modernization by the State and society, and a spiritual force to boost the morale of military personnel and enhance their military combat effectiveness.
The State shall uphold the honor of military personnel and encourage them to advocate and cherish such honor.
Article 22 The army shall strengthen the education on patriotism, collectivism and revolutionary heroism, enhance military personnel’s sense of honor, cultivate new-era revolutionary military personnel with faith, competence, courage, uprightness and integrity, and forge excellent troops with iron-like faith, iron-like belief, iron-like discipline and iron-like commitment.
Article 23 The State shall use publicity and education, reward and incentive as well as safeguard measures in various forms to cultivate military personnel's senses of professional mission, pride and honor, and stimulate their enthusiasm, initiative and creativity in making achievements and serving the country.
Article 24 The whole of society shall study the glorious history of the PLA, publicize military personnel's achievements as well as spirit of sacrifice and dedication, and create a favorable atmosphere for upholding military personnel's honor.
National defense education curricula set up by schools at various levels and of various kinds shall include such contents as the glorious history of the PLA and exemplary deeds of military heroes.
Article 25 The State shall establish a sound system for the honor of military personnel, and by means of awarding a medal or honorary title, recording a merit, presenting a citation or commendation and granting a commemorative medal, etc., give an honorary commendation for meritorious service to military personnel who have made outstanding achievements and contributions, and commend their dedication to and sacrifice for the country and the people.
Article 26 Military personnel may, with the approval of military units, accept the honors conferred by local people's governments, mass organizations or social organizations, or international organizations, other countries or the army, etc.
Article 27 Military personnel who receive honorary commendations for meritorious service may enjoy corresponding courteous reception and treatment, and those who receive honorary commendations for meritorious service in the performance of combat missions may enjoy courteous reception and treatment as per a principle higher than usual.
The names and achievements of military personnel who receive honorary commendations for meritorious service and perform combat missions shall be included in such historical records as books of merit, rolls of honor and local chronicles as required.
Article 28 Relevant authorities of the Central Government and the State, relevant authorities of local governments and the army at various levels, as well as radio, television, newspapers and periodicals, the Internet and other media shall proactively publicize the advanced models and heroic deeds of military personnel.
Article 29 The State and society shall revere and engrave in the mind the military personnel who have sacrificed their lives for the country, the people and the nation, and treat their survivors with respect and courteous reception.
The State shall set up memorials for heroes and martyrs for the public to revere, mourn and memorialize them, and carry out memorial and educational activities.
The State shall promote the construction of military cemeteries.
......
Order of the President of the People's Republic of China No. 86
June 10, 2021
The Law of the People's Republic of China on the Protection of the Status, Rights and Interests of Military Personnel, which was adopted at the 29th session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on June 10, 2021, is hereby promulgated and shall come into effect as of August 1, 2021.
Xi Jinping, President of the People's Republic of China
Law of the People's Republic of China on the Protection of the Status, Rights and Interests of Military Personnel
(Adopted at the 29th session of the Standing Committee of the 13th National People's Congress on June 10, 2021)
Table of Contents
Chapter I General Provisions
Chapter II Status of Military Personnel
Chapter III Upholding of Honor
Chapter IV Guarantee of Benefits
Chapter V Pensions and Preferential Treatment
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated in accordance with the Constitution with a view to protecting the status as well as legitimate rights and interests of military personnel, encouraging military personnel to perform their duties and missions, making military personnel professionals who are revered by the whole of society, and promoting the modernization of national defense and armed forces.
Article 2 For the purposes of this Law, "military personnel" refer to active-service officers, non-commissioned officers, conscripts and other personnel in the Chinese People's Liberation Army (PLA).
Article 3 Military personnel shall shoulder the sacred duty and noble mission of safeguarding national sovereignty, security, development interests and the peaceful laboring of the people.
Article 4 Military personnel shall be professionals revered by the whole of society. The State and society shall respect and give preferential treatment to military personnel, ensure that military personnel can enjoy the status, rights and interests commensurate with their professional characteristics, duties and missions as well as contributions, and regularly carry out activities to support the army and give preferential treatment to the families of servicemen and martyrs in various forms.
All state authorities and armed forces, all political parties and mass organizations, enterprises and public institutions, social organizations and other organizations shall take the responsibility for the protection of the status, rights and interests of military personnel in accordance with the law, and all citizens shall legally protect the legitimate rights and interests of military personnel.
Article 5 For the protection of the status, rights and interests of military personnel, it is a requirement to adhere to the leadership of the Communist Party of China (CPC), serve the building of military combat effectiveness as the general aim, and follow the principles of unifying rights and obligations, combining material guarantee and spiritual incentives, and matching the protection level with national economic and social development.
Article 6 The political work department of the Central Military Commission (CMC), the competent department for veterans affairs under the State Council, relevant authorities of the Central Government and the State as well as relevant departments of the CMC shall, according to the division of duties, effectively protect the status, rights and interests of military personnel.
All local people's governments at or above the county level shall be responsible for protecting the status, rights and interests of military personnel within their respective administrative regions. The political work departments of military units at or above the regiment level shall be responsible for protecting the status, rights and interests of military personnel in their respective units.
Provincial military commands (garrison commands, guard commands), military sub-commands (guard commands) as well as people's armed forces departments of counties, autonomous counties, cities and municipal districts shall be responsible for the contact and coordination between the people's governments and the military units in the administrative regions where they are located in terms of protection of the status, rights and interests of military personnel, and establish a work coordination mechanism in light of the relevant needs.
Township people's governments, sub-district offices and primary-level self-governing mass organizations shall, according to their duties, effectively protect the status, rights and interests of military personnel.
Article 7 The funds required for the protection of the status, rights and interests of military personnel shall be included in the budget of the Central Government and local governments as per the principle of adapting routine power to expenditure responsibility.
Article 8 Relevant authorities of the Central Government and the State, local people's governments at or above the county level and relevant departments thereof as well as military bodies at various levels shall make the protection of the status, rights and interests of military personnel an important part of comparing and assessing the work of supporting the army and give preferential treatment to the families of servicemen and martyrs, supporting the government and cherishing the people, etc., as well as appraising and evaluating the principals and staff members of relevant units.
Article 9 The State shall encourage and guide mass organizations, enterprises, public institutions, social organizations, individuals and other social forces to legally provide support for the protection of the rights and interests of military personnel through donation and voluntary service or by other means, and if the prescribed conditions are met, they may legally enjoy policies on tax incentives, etc.
Article 10 August 1 of every year is the Army Day of the PLA, on which people's governments and military units at various levels shall organize and carry out celebration, commemoration and other activities.
Article 11 Units and individuals that make outstanding contributions to the protection of the status, rights and interests of military personnel shall be commended and rewarded in accordance with the relevant provisions of the State.
Chapter II Status of Military Personnel
Article 12 As basic members of the armed forces of the State under the leadership of the CPC, military personnel must be loyal to the motherland and the CPC, follow the CPC's command, resolutely obey orders and conscientiously perform the important duty and mission of consolidating the leadership of the CPC and the socialist system.
Article 13 As an army of the people and for the people, military personnel shall love the people, serve the people wholeheartedly and safeguard the people’s lives and property, and step forward bravely to proactively help the people whose life or property is seriously threatened.
Article 14 As a strong force in safeguarding national sovereignty, unity and territorial integrity, military personnel shall possess the fighting spirit, capability and quality necessary to consolidate national defense, resist aggression and defend the motherland, always remain on the alert in line with practical combat requirements, diligently practice their skills in killing enemies, fear no sacrifice, be competent to win battles and resolutely accomplish their tasks.
Article 15 As an important force in realizing the socialist modernization with Chinese characteristics, military personnel shall proactively devote themselves to the cause of building a modern socialist country in an all-round way and legally participate in emergency rescue and disposal work.
Article 16 Military personnel shall enjoy the political rights prescribed by the Constitution and laws to legally participate in the election of members of authorities of state power and get involved in the administration of state affairs, economic and cultural undertakings and social affairs.
Article 17 The army shall practice unity of officers and men, and all military personnel shall be equal in both politics and personality, respect each other and be treated equally.
The army shall establish and improve democratic systems such as representative meetings and committees of military personnel to guarantee military personnel's rights to know, to participate, to make suggestions and to supervise.
Article 18 Military personnel must set an example of abiding by the Constitution and laws, conscientiously perform their civic obligations as prescribed by the Constitution and laws, strictly abide by military regulations and army discipline, maintain good conduct and take the lead in practicing the core socialist values.
Article 19 The State shall provide guarantees for the performance of duties by military personnel, and their acts of legally performing duties shall be protected by law.
In the case of any damage to the legitimate rights and interests of citizens, legal persons or other organizations caused by military personnel due to the performance of missions, the State shall pay compensation or redress any damage in accordance with relevant provisions.
Citizens, legal persons and other organizations shall provide necessary support and assistance for military personnel to legally perform their duties.
Article 20 The specific rights and interests enjoyed and the specific obligations assumed by military personnel due to the performance of their duties shall be prescribed by this Law as well as relevant laws and regulations.
Chapter III Upholding of Honor
Article 21 The honor of military personnel shall be the commendation and encouragement of military personnel's dedication to national defense, army building and socialist modernization by the State and society, and a spiritual force to boost the morale of military personnel and enhance their military combat effectiveness.
The State shall uphold the honor of military personnel and encourage them to advocate and cherish such honor.
Article 22 The army shall strengthen the education on patriotism, collectivism and revolutionary heroism, enhance military personnel’s sense of honor, cultivate new-era revolutionary military personnel with faith, competence, courage, uprightness and integrity, and forge excellent troops with iron-like faith, iron-like belief, iron-like discipline and iron-like commitment.
Article 23 The State shall use publicity and education, reward and incentive as well as safeguard measures in various forms to cultivate military personnel's senses of professional mission, pride and honor, and stimulate their enthusiasm, initiative and creativity in making achievements and serving the country.
Article 24 The whole of society shall study the glorious history of the PLA, publicize military personnel's achievements as well as spirit of sacrifice and dedication, and create a favorable atmosphere for upholding military personnel's honor.
National defense education curricula set up by schools at various levels and of various kinds shall include such contents as the glorious history of the PLA and exemplary deeds of military heroes.
Article 25 The State shall establish a sound system for the honor of military personnel, and by means of awarding a medal or honorary title, recording a merit, presenting a citation or commendation and granting a commemorative medal, etc., give an honorary commendation for meritorious service to military personnel who have made outstanding achievements and contributions, and commend their dedication to and sacrifice for the country and the people.
Article 26 Military personnel may, with the approval of military units, accept the honors conferred by local people's governments, mass organizations or social organizations, or international organizations, other countries or the army, etc.
Article 27 Military personnel who receive honorary commendations for meritorious service may enjoy corresponding courteous reception and treatment, and those who receive honorary commendations for meritorious service in the performance of combat missions may enjoy courteous reception and treatment as per a principle higher than usual.
The names and achievements of military personnel who receive honorary commendations for meritorious service and perform combat missions shall be included in such historical records as books of merit, rolls of honor and local chronicles as required.
Article 28 Relevant authorities of the Central Government and the State, relevant authorities of local governments and the army at various levels, as well as radio, television, newspapers and periodicals, the Internet and other media shall proactively publicize the advanced models and heroic deeds of military personnel.
Article 29 The State and society shall revere and engrave in the mind the military personnel who have sacrificed their lives for the country, the people and the nation, and treat their survivors with respect and courteous reception.
The State shall set up memorials for heroes and martyrs for the public to revere, mourn and memorialize them, and carry out memorial and educational activities.
The State shall promote the construction of military cemeteries.
......