Military Service Law of the People's Republic of China (Revised in 2021)
Military Service Law of the People's Republic of China (Revised in 2021)
Military Service Law of the People's Republic of China (Revised in 2021)
Order of the President of the People's Republic of China No. 95
August 20, 2021
The Military Service Law of the People's Republic of China, which has been revised and adopted at the 30th Meeting of the Standing Committee of the Thirteenth National People's Congress on August 20, 2021, is hereby promulgated and shall become effective from October 1, 2021.
Xi Jinping, President of the People's Republic of China
Military Service Law of the People's Republic of China (Revised in 2021)
(Adopted at the Second Session of the Sixth National People's Congress 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 adopted at the 6th Meeting 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 Some Laws adopted at the 10th Meeting of the Standing Committee of the Eleventh National People's Congress on August 27, 2009, amended for the third time in accordance with the Decision on Amending the Military Service Law of the People's Republic of China adopted at the 23rd Meeting of the Standing Committee of the Eleventh National People's Congress on October 29, 2011, and revised at the 30th Meeting of the Standing Committee of the Thirteenth National People's Congress on August 20, 2021)
Contents
Chapter I General Provisions
Chapter II Military Service Registration
Chapter III Peacetime Enlistment
Chapter IV Soldiers' Active and Reserve Service
Chapter V Officers' Active and Reserve Service
Chapter VI Cadets Military Academies Recruit from Among Young Students
Chapter VII Wartime Troop Mobilization
Chapter VIII Military Service Benefits and Consolation Compensation and Preferential Treatment
Chapter IX Resettling Servicepersons to Be Discharged from Active Service
Chapter X Legal Liability
Chapter XI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution to regulate and strengthen national military service work, to ensure that citizens perform military service in accordance with the law, to guarantee the replenishment and reserve of troops, and to build up national defense and the military.
Article 2 It is the sacred duty of every citizen of the People's Republic of China to defend the motherland and resist aggression.
Article 3 The People's Republic of China implements a military service system that combines voluntary military service and compulsory military service, with voluntary military service as the mainstay.
Article 4 Military service work shall uphold the leadership of the Communist Party of China, implement Xi Jinping's thinking on strengthening the military and the military strategy for the new era, be in coordination with national economic and social development, be adapted to national defense and military development, and follow the principle of meeting the needs of national defense, focusing on preparation for war, highlighting the glory of military service, and maintaining a balance of rights and obligations.
Article 5 All citizens of the People's Republic of China, regardless of ethnic status, race, occupation, family background, religious belief, and education, are obliged to serve in the military in accordance with the provisions of this Law.
Citizens unfit for military service because of serious physical defects or disabilities shall be exempted from military service.
Citizens deprived of political rights in accordance with the law may not serve in the military.
Article 6 Military service is divided into active service and reserve service. Those in active service in the Chinese People's Liberation Army are servicepersons; those pre-assigned to active service or assigned to reserve service are reservists.
Article 7 Servicepersons and reservists shall abide by the Constitution and laws and fulfil their obligations, and enjoy their rights as citizens. The rights and obligations arising from their military service shall be prescribed by this Law and other relevant laws and regulations.
Article 8 Servicepersons shall abide by the military's rules and regulations, be faithful to their duties, and be ready to fight for their motherland.
Reservists shall participate in military training, carry out duties of combat readiness, perform tasks of military operations other than war in accordance with regulations, and be ready to be called upon to participate in the war to defend their motherland.
Servicepersons and reservists shall take the oath of enlistment in accordance with the law when they enter the service.
Article 9 The Ministry of National Defense shall assume the responsibility for national military service work under the leadership of the State Council and the Central Military Commission.
The provincial military commands (the capital garrison command and local garrison commands), sub-commands (local garrison commands) and the people's armed forces departments of counties, autonomous counties, cities not divided into districts, and municipal districts shall act as the military service authorities of the people's governments at corresponding levels and be responsible for military service work in their respective administrative areas under the leadership of military organs at higher levels and the people's governments at their same levels.
State organs, groups, enterprises, public institutions, and the people's governments of townships, ethnic townships, and towns shall complete the tasks of their military service work in accordance with the provisions of this Law. Military service work shall be handled by the people's armed forces departments in entities with such departments; where entities do not have people's armed forces departments, they shall designate a department to handle military service work. Regular colleges and universities shall have institutions responsible for military service work.
Article 10 Military service organs of the local people's governments at or above the county level shall, in conjunction with relevant departments, strengthen the organization, coordination, supervision, and inspection of the military service work within their respective administrative areas.
The local people's governments at or above the county level and military organs at their corresponding levels shall include the performance of military service work into the evaluations of the work for supporting the military and providing preferential treatment for families of servicepersons and martyrs, into the evaluations of the work of supporting the government and caring for the people, and into the performance assessment of relevant entities and their heads.
Article 11 The state shall improve the informatization of military service work, take effective measures to realize information sharing among relevant departments and modernize the technology for the collection, processing, transmission, and storage of military service information to help improve the quality and efficiency of military service work.
Relevant military service work departments and their staff shall keep the personal information they collect strictly confidential without divulging or illegally providing it to others.
Article 12 The state shall take measures to strengthen publicity and education about military service, promote public awareness of performing military service in accordance with the law, and create a good social atmosphere where it is considered an honor to be in the military.
Article 13 Servicepersons and reservists who have rendered meritorious service shall be commended and rewarded in accordance with the regulations of the state and the military on recognition of meritorious service.
Organizations and individuals that have made outstanding contributions to military service shall be commended and rewarded in accordance with the relevant regulations of the state and the military.
Chapter II Military Service Registration
Article 14 The state shall implement a military service registration system.
......
Order of the President of the People's Republic of China No. 95
August 20, 2021
The Military Service Law of the People's Republic of China, which has been revised and adopted at the 30th Meeting of the Standing Committee of the Thirteenth National People's Congress on August 20, 2021, is hereby promulgated and shall become effective from October 1, 2021.
Xi Jinping, President of the People's Republic of China
Military Service Law of the People's Republic of China (Revised in 2021)
(Adopted at the Second Session of the Sixth National People's Congress 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 adopted at the 6th Meeting 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 Some Laws adopted at the 10th Meeting of the Standing Committee of the Eleventh National People's Congress on August 27, 2009, amended for the third time in accordance with the Decision on Amending the Military Service Law of the People's Republic of China adopted at the 23rd Meeting of the Standing Committee of the Eleventh National People's Congress on October 29, 2011, and revised at the 30th Meeting of the Standing Committee of the Thirteenth National People's Congress on August 20, 2021)
Contents
Chapter I General Provisions
Chapter II Military Service Registration
Chapter III Peacetime Enlistment
Chapter IV Soldiers' Active and Reserve Service
Chapter V Officers' Active and Reserve Service
Chapter VI Cadets Military Academies Recruit from Among Young Students
Chapter VII Wartime Troop Mobilization
Chapter VIII Military Service Benefits and Consolation Compensation and Preferential Treatment
Chapter IX Resettling Servicepersons to Be Discharged from Active Service
Chapter X Legal Liability
Chapter XI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution to regulate and strengthen national military service work, to ensure that citizens perform military service in accordance with the law, to guarantee the replenishment and reserve of troops, and to build up national defense and the military.
Article 2 It is the sacred duty of every citizen of the People's Republic of China to defend the motherland and resist aggression.
Article 3 The People's Republic of China implements a military service system that combines voluntary military service and compulsory military service, with voluntary military service as the mainstay.
Article 4 Military service work shall uphold the leadership of the Communist Party of China, implement Xi Jinping's thinking on strengthening the military and the military strategy for the new era, be in coordination with national economic and social development, be adapted to national defense and military development, and follow the principle of meeting the needs of national defense, focusing on preparation for war, highlighting the glory of military service, and maintaining a balance of rights and obligations.
Article 5 All citizens of the People's Republic of China, regardless of ethnic status, race, occupation, family background, religious belief, and education, are obliged to serve in the military in accordance with the provisions of this Law.
Citizens unfit for military service because of serious physical defects or disabilities shall be exempted from military service.
Citizens deprived of political rights in accordance with the law may not serve in the military.
Article 6 Military service is divided into active service and reserve service. Those in active service in the Chinese People's Liberation Army are servicepersons; those pre-assigned to active service or assigned to reserve service are reservists.
Article 7 Servicepersons and reservists shall abide by the Constitution and laws and fulfil their obligations, and enjoy their rights as citizens. The rights and obligations arising from their military service shall be prescribed by this Law and other relevant laws and regulations.
Article 8 Servicepersons shall abide by the military's rules and regulations, be faithful to their duties, and be ready to fight for their motherland.
Reservists shall participate in military training, carry out duties of combat readiness, perform tasks of military operations other than war in accordance with regulations, and be ready to be called upon to participate in the war to defend their motherland.
Servicepersons and reservists shall take the oath of enlistment in accordance with the law when they enter the service.
Article 9 The Ministry of National Defense shall assume the responsibility for national military service work under the leadership of the State Council and the Central Military Commission.
The provincial military commands (the capital garrison command and local garrison commands), sub-commands (local garrison commands) and the people's armed forces departments of counties, autonomous counties, cities not divided into districts, and municipal districts shall act as the military service authorities of the people's governments at corresponding levels and be responsible for military service work in their respective administrative areas under the leadership of military organs at higher levels and the people's governments at their same levels.
State organs, groups, enterprises, public institutions, and the people's governments of townships, ethnic townships, and towns shall complete the tasks of their military service work in accordance with the provisions of this Law. Military service work shall be handled by the people's armed forces departments in entities with such departments; where entities do not have people's armed forces departments, they shall designate a department to handle military service work. Regular colleges and universities shall have institutions responsible for military service work.
Article 10 Military service organs of the local people's governments at or above the county level shall, in conjunction with relevant departments, strengthen the organization, coordination, supervision, and inspection of the military service work within their respective administrative areas.
The local people's governments at or above the county level and military organs at their corresponding levels shall include the performance of military service work into the evaluations of the work for supporting the military and providing preferential treatment for families of servicepersons and martyrs, into the evaluations of the work of supporting the government and caring for the people, and into the performance assessment of relevant entities and their heads.
Article 11 The state shall improve the informatization of military service work, take effective measures to realize information sharing among relevant departments and modernize the technology for the collection, processing, transmission, and storage of military service information to help improve the quality and efficiency of military service work.
Relevant military service work departments and their staff shall keep the personal information they collect strictly confidential without divulging or illegally providing it to others.
Article 12 The state shall take measures to strengthen publicity and education about military service, promote public awareness of performing military service in accordance with the law, and create a good social atmosphere where it is considered an honor to be in the military.
Article 13 Servicepersons and reservists who have rendered meritorious service shall be commended and rewarded in accordance with the regulations of the state and the military on recognition of meritorious service.
Organizations and individuals that have made outstanding contributions to military service shall be commended and rewarded in accordance with the relevant regulations of the state and the military.
Chapter II Military Service Registration
Article 14 The state shall implement a military service registration system.
......