Regulations on Resettlement of Retired Soldiers

Chapter I General Provisions:

Article 1 In order to standardize the resettlement of retired soldiers and protect their legitimate rights and interests, these regulations are formulated in accordance with the Military Service Law of the People's Republic of China.

article 2 the term "retired soldiers" as mentioned in these regulations refers to conscripts and non-commissioned officers who have retired from active service in accordance with the regulations of China people's liberation army on the service of active soldiers.

article 3 the state establishes a resettlement system for retired soldiers, which mainly supports employment, and combines self-employment, job arrangement, retirement and support, so as to properly resettle retired soldiers. The funds needed for the resettlement of retired soldiers shall be borne by the central and local people's governments at all levels.

article 4 the whole society should respect and give preferential treatment to retired soldiers and support the resettlement of retired soldiers.

state organs, social organizations, enterprises and institutions have the obligation to accept and resettle retired soldiers. when recruiting or hiring staff, they should give priority to recruiting retired soldiers under the same conditions. Retired soldiers who apply for positions in civil servants and institutions shall be regarded as grassroots work experience for their active service experience in the army. Units that receive and resettle retired soldiers enjoy preferential policies in accordance with state regulations.

Article 5 The competent department of resettlement of retired soldiers in the State Council is responsible for the resettlement of retired soldiers throughout the country.

the local people's governments at or above the county level shall be responsible for the resettlement of retired soldiers in their respective administrative areas.

the relevant departments of the people's government and the military should do a good job in the resettlement of retired soldiers within their respective responsibilities.

article 6 retired soldiers shall abide by the laws and regulations concerning the resettlement of retired soldiers and obey the resettlement of the people's government.

article 7 units and individuals that have made outstanding contributions to the resettlement of retired soldiers shall be commended and rewarded in accordance with relevant state regulations.

Chapter II Handover and Reception:

Article 8 The competent department of resettlement of retired soldiers in the State Council and the General Staff Department of the People's Liberation Army in China shall formulate the annual handover and reception plan for retired soldiers nationwide.

article 9 the unit where the retired soldiers belong shall, in accordance with the provisions of these regulations, hand over the retired soldiers to the competent department of the people's government at or above the county level in the resettlement place. The competent department of resettlement of retired soldiers of the people's government at or above the county level is responsible for receiving retired soldiers.

Article 1 The resettlement place of retired soldiers shall be the place where the registered permanent residence of the retired soldiers was when they joined the army. However, if a retired soldier who was a student in an ordinary institution of higher learning when he joined the army does not return to school after retiring from active service, his place of residence shall be the place where he registered before entering school.

Article 11 Ex-servicemen may be resettled under any of the following circumstances:

(1) If their parents' registered residence changes during their active service, they may be resettled at their parents' current registered residence;

(2) Those who meet the requirements of the army on the marriage of soldiers in active service and have been married for two years can be placed in the place where their spouse or spouse's parents account;

(3) due to other special circumstances, a certificate issued by a division (brigade) level unit of the army has been relocated with the approval of the competent department of resettlement of retired soldiers of the people's government at or above the provincial level. Ex-soldiers who are resettled in other places enjoy the same resettlement treatment as ex-soldiers in resettlement places.

Article 12 Where a retired soldier is in any of the following circumstances, the competent department in charge of the resettlement of retired soldiers of the people's government at or above the provincial level may, upon his own application, determine his resettlement place according to the principle of being conducive to the life of retired soldiers:

(1) Disabled by war;

(2) having won a prize above Class II in peacetime during active service or a prize above Class III in wartime;

(3) children of martyrs;

(4) Both parents are dead.

article 13 retired soldiers who are self-employed shall report to the competent department of resettlement of retired soldiers of the people's government at the county level in the place of resettlement with the certificate of retirement and a letter of introduction within 3 days from the date when they are approved to retire from active service.

the retired soldiers who are assigned to work should report to the competent department of resettlement of retired soldiers of the people's government of the specified resettlement place with the notice of receiving resettlement, certificate of discharge from active service and letter of introduction within the specified time.

retired soldiers who have retired or supported should report to the competent department of resettlement of retired soldiers of the people's government at the specified resettlement place.

Article 14 The unit where a retired soldier belongs shall, in accordance with the relevant provisions of the national archives management, hand over his archives to the competent department of the people's government at or above the county level for the resettlement of retired soldiers when the soldier retires.

the competent department of resettlement of retired soldiers shall issue a letter of introduction for retired soldiers when they report for duty. The public security organ shall register registered permanent residence, a retired soldier, with the letter of introduction issued by the competent department of resettlement of retired soldiers.

Article 15 The archives of retired soldiers who have self-employed and arranged jobs shall be handled by the competent department of resettlement of retired soldiers in the resettlement place in accordance with the relevant provisions of the state archives management.

the files of retired soldiers who are retired and supported shall be handed over to the service management unit by the competent department of resettlement of retired soldiers in the resettlement place.

Article 16 Any service-related problems of retired soldiers shall be handled by their former units; Problems related to resettlement shall be handled by the people's government of the resettlement place.

Article 17 A retired soldier who fails to report for duty for more than 3 days within the prescribed time without justifiable reasons shall be deemed to have given up the resettlement treatment.

Chapter III Resettlement:

Section 1: Self-employment:

Article 18 Where conscripts and noncommissioned officers who have been in active service for less than 12 years retire from active service, the people's government shall support their self-employment.

Article 19 For retired soldiers who are self-employed, the army will give them a one-time retirement pension, which will be specially arranged by the central finance; Local people's governments may give economic subsidies according to local actual conditions, and the standards and methods of granting economic subsidies shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

One-time retirement pension and one-time economic subsidy are exempt from personal income tax according to state regulations.

people's governments at all levels should strengthen the guidance and services for the self-employment of retired soldiers. The local people's governments at or above the county level shall organize employment introduction, employment recommendation and special job fairs to support the self-employment of retired soldiers.

article 2 the state determines the standard of retirement pension according to the development level of the national economy, the average annual wage income of national employees and the professional particularity of military personnel, and adjusts it in a timely manner. The competent department in charge of the resettlement of retired soldiers in the State Council and the relevant military departments shall be responsible for the specific work of determining and adjusting the standard of retired gold jointly with the financial department of the State Council.

Self-employed retired soldiers receive a one-time retirement pension according to their active service years. Those who have served in active service for less than 6 months shall be counted as 6 months, and those who have served for more than 6 months but less than 1 year shall be counted as 1 year.

retired soldiers who have won honorary titles or rendered meritorious service will be paid a one-time retirement pension by the army in the following proportion.

(1) Those who have been awarded the honorary title by units at the level of the Central Military Commission (CMC) and the military region, or won the first-class merit, will receive an additional 15%;

(2) 1% for those who have won Class II;

(3) those who have won the third class merit will be issued 5% more.

For retired soldiers who have won honorary titles or rendered meritorious service for many times, the army will issue a one-time retirement pension according to the proportion of the highest-level reward.

article 21 the competent department in charge of resettlement of retired soldiers of local people's governments at or above the county level shall organize retired soldiers who are self-employed to participate in vocational education and skills training, and if they pass the examination, they shall be issued with corresponding academic certificates and professional qualification certificates and recommended for employment. Retired soldiers who participate in vocational education and skills training within 1 year after retirement shall be borne by the people's governments at or above the county level; Retired soldiers who have retired for more than one year to participate in vocational education and skills training shall be implemented in accordance with relevant national policies.

the funds for vocational education and skills training of self-employed retired soldiers are included in the financial budget of the people's governments at or above the county level.

Article 22 Service institutions for public employment talents organized by people's governments at all levels shall provide file management, job introduction and career guidance services for retired soldiers free of charge.

the state encourages other human resources service institutions to provide free services for retired soldiers who are self-employed.

article 23 retired soldiers engaged in self-employed businesses shall be given tax incentives, small secured loans and financial interest subsidies in accordance with state regulations. Except for industries restricted by the state, administrative fees for management, registration and license shall be exempted within 3 years from the date of first registration in the administrative department for industry and commerce.

article 24 the state encourages the employing units to recruit or employ retired soldiers who are self-employed. if the employing units recruit or employ retired soldiers who are self-employed and meet the prescribed conditions, they can enjoy tax and other benefits according to law.

article 25 retired soldiers who are self-employed and were staff members or workers of state organs, social organizations, enterprises and institutions before enlisting may choose to resume their jobs after retiring from active service, and their wages, benefits and other benefits shall not be lower than the average level of personnel with the same conditions in their own units.

Article 26 Rural land contracted by family contract before self-employed retired soldiers join the army shall not be illegally recovered or forcibly transferred during the contract period; Rural land contracted by non-family contracting methods such as bidding, auction and public consultation may continue to be contracted by family members during the contract period; If the contracted rural land is expropriated, requisitioned or occupied according to law, it shall enjoy the same rights as other members of rural collective economic organizations.

retired soldiers who are self-employed and have settled in their registered residence when they return to the army, and are members of rural collective economic organizations but have not contracted rural land, can apply for contracting rural land, and villagers' committees or villagers' groups should give priority to solving the problem.

Article 27 Disabled retired soldiers who have the ability to work shall have priority to enjoy the preferential employment policies for the disabled stipulated by the state.

article 28 retired soldiers who are self-employed and enter secondary vocational schools and apply for adult colleges or ordinary colleges and universities shall enjoy preferential treatment in accordance with relevant state regulations.

Ex-soldiers who have been admitted to ordinary colleges and universities before enlisting, and have retained the qualification for admission, or are studying in ordinary colleges and universities, are allowed to enroll or resume their studies within two years after retiring from active service, and enjoy preferential treatment such as scholarships, bursaries and tuition reduction in accordance with relevant state regulations. Those with financial difficulties will be given financial assistance in accordance with relevant state regulations; After entering school or during the resumption of school, you can be exempted from taking courses such as public physical education, military skills and military theory, and get credits directly; Those who participate in the selection of national defense students, rural grassroots service projects organized by the state, and military officers after graduation will be given priority.

Section II: Arrangement of Work:

Article 29 A retired soldier who meets one of the following conditions shall be arranged by the people's government:

(1) A noncommissioned officer who has served in active service for 12 years;

(2) having won a prize above Class II in peacetime during active service or a prize above Class III in wartime;

(3) those who are disabled due to war are rated as level 5 to level 8;

(4) children of martyrs.

retired soldiers who meet the requirements specified in the preceding paragraph will be given priority to work if they are serving in hard areas and special posts; Those who have basically lost their ability to work due to mental disorder shall be properly placed.

retired soldiers who meet the working conditions and voluntarily choose their own employment when they retire shall be handled in accordance with the provisions of the first section of Chapter III of these Regulations.

Article 3 The competent department in charge of the resettlement of retired soldiers in the State Council and the General Staff Department of the People's Liberation Army in China shall formulate and issue an annual resettlement plan for retired soldiers who need to be arranged by the people's government throughout the country.

Article 31 The central state organs and their enterprises and institutions in Beijing receive and arrange the tasks of retired soldiers, which shall be issued by the competent department of resettlement of retired soldiers in the State Council. The local people's governments at or above the county level shall, in accordance with the principle of territorial management, assign the tasks of retired soldiers to the institutions directly under the central state organs and enterprises and institutions outside Beijing under the management of the central state organs.

article 32 the local people's governments at or above the county level shall, according to the number of retired soldiers who meet the working conditions and the actual situation of the employing units, assign the task of arranging the work of retired soldiers and make it public according to law.

counties (cities) with heavy tasks for arranging retired soldiers can be arranged by the people's government at the next higher level in their administrative areas as a whole.

article 33 the local people's governments at or above the county level shall, in accordance with the principle of territorial management, resettle retired soldiers who meet the arranged working conditions and ensure their first employment.

article 34 state organs, institutions, state-owned, state-controlled and state-owned capital-dominated enterprises should give priority to recruiting or hiring retired soldiers under the same conditions.

article 35 the people's government of the resettlement place shall complete the task of arranging the work of retired soldiers this year within six months of receiving them.

during the period when retired soldiers are to be arranged to work, the people's government of the resettlement place shall pay a monthly living allowance according to the standard of not less than the local minimum living standard.

article 36 the unit undertaking the task of arranging the work of retired soldiers shall complete the task of arranging the work of retired soldiers on time assigned by the local people's government, arrange the retired soldiers to take up their posts within one month after the letter of introduction is issued by the competent department of resettlement of retired soldiers, and sign a labor contract or employment contract with the retired soldiers with a term of not less than three years according to law.

during the contract period, if the unit is closed, bankrupt or restructured according to law, the retired soldiers and other personnel of the unit shall implement the relevant provisions of the state together.

if the unit that receives retired soldiers cuts personnel, it shall give priority to retaining retired soldiers.

article 37 retired soldiers who are arranged by the people's government shall be counted as the length of service, and shall enjoy the wages and welfare benefits of the personnel with the same conditions in their units.

article 38 if the receiving unit fails to arrange for retired soldiers to take up their posts in accordance with the regulations, it shall, from the month when the competent department of resettlement of retired soldiers of the local people's government issues a letter of introduction, pay the living expenses to the retired soldiers month by month according to the standard of not less than 8% of the average salary of personnel with the same conditions in the unit until they take up their posts.

Article 39 For disabled retired soldiers who are assigned to work, the unit to which they belong shall not terminate their labor relations or personnel relations because of their disabilities.

Retired soldiers who are disabled due to war or work-related duties who are assigned to work enjoy the same living benefits and medical treatment as those injured in work in their units.

Article 4 If a retired soldier who meets the conditions for arrangement of work refuses to obey the arrangement of work by the people's government of the resettlement place without justifiable reasons, it shall be deemed as giving up the arrangement of work; Those who are investigated for criminal responsibility according to law during the period of work to be arranged shall be disqualified from their work arrangement.

Section 3 Retirement and Support:

Article 41 Non-commissioned officers at or above the intermediate level shall be placed in retirement if they meet one of the following conditions:

(1) Those who have reached the age of 55;

(2) Having served in active service for 3 years;

(3) Persons who are disabled due to war or work are rated as level 1 to level 6 disability;

(4) having been certified by a military hospital and verified by the health department of a unit at or above the corps level, and having basically lost the ability to work due to illness.

The living, housing and medical care of retired noncommissioned officers shall be guaranteed in accordance with relevant state regulations.

if the disabled noncommissioned officers above the intermediate level are rated as level 5 to level 6 because of the war, and I voluntarily give up the choice of retirement and resettlement to be arranged by the people's government, it can be handled in accordance with the provisions of Section 2 of Chapter III of these Regulations.

article 42 conscripts and junior cadets who have been assessed as disabled at level 1 to level 4.