Military Service Law of the People's Republic of China (2011 Amendment) [Effective]

Military Service Law of the People's Republic of China

(Adopted at the Second Session of the Sixth National People's Congress on May 31, 1984, Issued by Order No.14 of the President of the People's Republic of China, amended for the first time in accordance with the Decision of the Sixth Session of the Standing Committee of the Ninth National People's Congress Concerning Amendment to the Military Service Law of the People's Republic of China on December 29, 1998; amended for the second time in accordance with the Decision of the Tenth Session of the Standing Committee of the 11th National People's Congress Concerning Amendment to the Some Laws on August 27, 2009; and amended for the third time in accordance with the Decision of the 23rd Session of the Standing Committee of the 11th National People's Congress Concerning Amendment to the Military Service Law of the People's Republic of China 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 Officers

Chapter V Cadets Enrolled by Universities and Colleges of the Army from Young Students

Chapter VI The Militia

Chapter VII Military Training for Reservists

Chapter VIII Military Training for Students of Regular Institutions of Higher Learning and Ordinary High Schools

Chapter IX Mobilization of Troops in Wartime

Chapter X Treatment for Active Servicemen and Resettlement 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 Chinawhich stipulates, " 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 honourable duty of citizens of the People's Republic of China to perform military service and join the militia in accordance with the law," and in accordance with other relevant provisions of the Constitution.

Article 2 The People's Republic of China practises 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 ethnic status, race, occupation, family background, religious belief and education, have the obligation 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 The military service shall comprise the active service and the reserve service. Those serving in the Chinese People's Liberation Army are active servicemen while those pre-regimented into active forces, or regimented into reserve forces or militia organizations for reserve service after registration or performing reserve service in any other form are reservists.

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

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

Article 9 The People's Liberation Army shall practise 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 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 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.

The local people's governments at the county level and above shall organize military service organs and relevant departments to form enlistment work office to be responsible for organizing the enlistment.

Article 12 Each year, male citizens who have reached 18 years of age by December 31 should be enlisted for active service. Those who are not enlisted during the year shall remain eligible for active service until they are 22, and the age limit for enlistment of graduates from regular institutions of higher learning may be relaxed 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.

According to the need of the armed forces and on the basis of their own free will, citizens who have reached 17 years of age but have not yet reached 18 years of age by December 31 of a certain year may be enlisted for active service.

Article 13 The state shall adopt a military service registration system. Each year, male citizens who will be 18 years old by December 31 shall be registered for military service by June 30 of the year according to the arrangements of military service organ of counties, autonomous counties, cities of municipal districts. Those who have registered for military service and have passed the preliminary examination are called 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 centres in 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 During the period of enlistment, where a citizen eligible for enlistment is enlisted for active service and at the same time, is recruited or employed by a government organ, organization, enterprise or public institution, he shall give priority to the performance of military service obligations; and the relevant government organ, organization, enterprise or public institution shall obey the needs of natural defense and construction of the armed forces and support the enlistment of soldiers.

Article 16 The enlistment of a citizen eligible for enlistment may be deferred if he is the only labor force to support his family.

Article 17 A citizen eligible for enlistment shall not be enlisted if he is under investigation, prosecution or trial according to law, or if he has been sentenced to imprisonment, criminal detention or public surveillance and is serving his sentence.

Chapter III Active Service and Reserve Service of Soldiers

Article 18 Soldiers in active service shall include soldiers subject to the compulsory military service system and soldiers subject to the voluntary military service system, and the former shall be called conscripts while the latter shall be called non-commissioned officers.

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

Article 20 Upon the expiration of his or her term of active service, a conscript may, according to the needs of the armed forces and on the basis of his or her own free will, be changed to a non-commissioned officer with approval by a unit at or above the regimental level. According to the needs of the armed forces, non-commissioned officers may be directly recruited from citizens with professional skills in non-military departments.

A system of graded active service shall apply to non-commissioned officers. A non-commissioned officer shall generally perform active service for a period of no more than 30 years, up to the age of 55.

The measures for graded active service by non-commissioned officers and the measures for direct recruitment of non-commissioned officers from non-military departments shall be formulated by the State Council and the Central Military Commission.

Article 21 A soldier shall be discharged from active service upon the expiration of his term of active service. Those who have to be discharged from active service because of a reduction in the personnel of the armed forces, a condition of health unfit for continued service as diagnosed and certified by a hospital of the armed forces or other special reasons may be discharged before the expiration of their terms of active service upon approval by a division headquarters or a higher organ.

The time at which a soldier is to be retired from active service shall be the date on which his or her army unit announces the order of having him or her retired from active service.

Article 22 A soldier who is discharged from active service but is qualified for reserve service shall be assigned by his army unit to serve in the soldiers' reserve; a soldier who is considered after assessment to be fit for the post of an officer shall serve in the officers' reserve.

A soldier who is retired from active service and is assigned by his or her army unit to perform reserve service shall, within 40 days from being retired from active service, register for reserve service with the military service organ of the county, autonomous county, city or municipal district of the plate of resettlement.

Article 23 Citizens eligible for enlistment who have registered for military service according to Article 13 of this Law but have not been enlisted for active service shall register for reserve service of soldiers.

Article 24 Persons serving in the soldier reserve shall be at the age of 18 to 35, and the age limit may be appropriately extended as needed. The specific measures shall be formulated by the State Council and the Central Military Commission.

Article 25 Persons in the soldiers' reserve shall be divided into two categories:

Persons serving in the soldier reserve of Class One shall include:

(1)reserve soldiers pre-regimented into active forces;

(2)reserve soldiers regimented into reserve forces; and

(3)personnel who have registered for reserve service and are regimented into primary militia organizations.

Persons serving in the soldier reserve of Class Two shall include:

(1)personnel who have registered for reserve service and are regimented into ordinary militia organizations; and

(2)other personnel who have registered for reserve service and are assigned to serve in the soldier reserve.

Reserve soldiers shall be retired from reserve service if they reach the maximum age for reserve service.

Chapter IV Active Service and Reserve Service of Officers

Article 26 Officers in active service shall be replenished with the following personnel:

(1)graduates from universities and colleges of the army who are selected from outstanding soldiers and graduates from ordinary high schools;

(2)national defense graduates from regular institutions of higher learning and other fresh outstanding graduates;

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