Chapter I General Provisions
Article 1 This Law is formulated in accordance with the Constitution in order to strengthen the security work for retired military personnel, safeguard their legitimate rights and interests, and make military personnel a respected profession of the whole society.
Article 2 The term "veterans" as mentioned in this Law refers to officers, non-commissioned officers and conscripts who have been discharged from the active service of the China People's Liberation Army according to law.
Article 3 Retired soldiers have made important contributions to national defense and army building and are an important force in socialist modernization.
It is the common responsibility of the whole society to respect and care for veterans. The state cares for and gives preferential treatment to retired military personnel, strengthens the construction of the security system for retired military personnel, and ensures that retired military personnel enjoy corresponding rights and interests according to law.
Article 4 The security work for retired military personnel shall adhere to the leadership of the Party, adhere to the principle of serving economic and social development, national defense and army building, and follow the principles of people-oriented, classified security, service priority and management according to law.
Article 5 The security of retired military personnel shall be coordinated with economic development and social progress.
The resettlement of ex-servicemen should be open, fair and just.
The political and living conditions of retired soldiers are linked to their contributions during their active service.
The state establishes a special preferential treatment mechanism for retired soldiers who participated in the war.
Article 6 Retired soldiers should continue to carry forward the fine traditions of the People's Army, abide by the Constitution and laws and regulations, keep military secrets, practice socialist core values, and actively participate in socialist modernization.
Seventh the State Council veterans work department is responsible for the national veterans security work. The competent department of retired military personnel of the local people's governments at or above the county level shall be responsible for the protection of retired military personnel within their respective administrative areas.
The relevant organs of the central government and the state, the relevant departments of the Central Military Commission and the relevant local departments at all levels shall do a good job in safeguarding retired military personnel within their respective functions and duties.
The departments responsible for the work of retired soldiers at all levels of the army and the departments responsible for the work of retired soldiers of the people's governments at or above the county level shall closely cooperate and do a good job in safeguarding retired soldiers.
Article 8 The State shall strengthen the informatization construction of retired military personnel's security work, establish files and cards of retired military personnel, realize information sharing among relevant departments, and provide support for improving the security capability of retired military personnel.
The competent department of retired military personnel in the State Council shall closely cooperate with the relevant departments of the central government and the State and the Central Military Commission to co-ordinate the construction, maintenance, application and information security management of the information data system.
Article 9 The funds required for the security of retired military personnel shall be jointly borne by the central and local governments. Retired resettlement, education and training, pensions and preferential treatment funds are mainly borne by the central government.
Article 10 The State encourages and guides enterprises, social organizations, individuals and other social forces to provide support and assistance to ex-servicemen through donations, establishment of funds and voluntary services.
Eleventh units and individuals that have made outstanding contributions to the security of retired military personnel shall be commended and rewarded in accordance with the relevant provisions of the state.
Chapter II Handover and Receiving
Twelfth departments in charge of the work of retired soldiers in the State Council, the Political Work Department of the Central Military Commission, the central government and relevant state organs shall formulate the annual transfer and reception plan for retired soldiers nationwide.
Article 13 The unit where the retired soldiers work shall hand over the retired soldiers to the competent department of retired soldiers of the people's government of the resettlement place, and the competent department of retired soldiers of the people's government of the resettlement place shall be responsible for receiving the retired soldiers.
The placement place of veterans shall be determined in accordance with the relevant provisions of the state.
Fourteenth retired soldiers should report to the competent department of retired soldiers of the people's government in the resettlement area with the retirement certificate issued by the army within the specified time.
Fifteenth people's government departments responsible for the resettlement of retired soldiers, when receiving retired soldiers, issued a retired soldier card.
Ex-servicemen's preferential cards are uniformly distributed and numbered throughout the country, and the management and use measures shall be formulated by the competent department of ex-servicemen in the State Council jointly with relevant departments.
Article 16 When a soldier retires, the unit to which he belongs shall promptly hand over his personnel files to the competent department of retired soldiers of the people's government in the resettlement area.
The competent department of the people's government in the resettlement area shall, in accordance with the relevant state regulations on personnel file management, receive and keep the personnel files of retired soldiers and hand them over to the relevant units.
Article 17 The public security organ of the people's government in the resettlement area shall, in accordance with the relevant provisions of the state, timely register the accounts of retired soldiers, and the competent department of retired soldiers at the same level shall provide assistance.
Article 18 The former army of demobilized conscripts shall, in accordance with the provisions of relevant laws and regulations, timely transfer the social insurance relations such as pension and medical care of demobilized conscripts and their unemployed spouses in the army and the corresponding funds to the social insurance agency in the resettlement area.
The competent department of the people's government in the resettlement area shall closely cooperate with the social insurance agency and the relevant departments of the army to do a good job in social insurance relations and corresponding fund transfer according to law.
Nineteenth veterans in the process of handover and reception, the problems related to their active service, the original unit is responsible for handling; Issues related to resettlement shall be handled by the people's government of the resettlement place; Other problems in the handover and reception shall be handled by the people's government of the resettlement place, and the original troops shall cooperate.
Where the former unit of a retired soldier is revoked, transferred or merged, it shall be handled by the former unit or the superior unit of the transferred or merged unit in accordance with the provisions of the preceding paragraph.
Chapter III Retirement and Resettlement
Twentieth local people's governments at all levels shall, in accordance with the transfer and reception plan, do a good job in the resettlement of retired soldiers and complete the resettlement task of retired soldiers.
Organs, mass organizations, enterprises, institutions and social organizations shall receive and resettle veterans according to law, and veterans shall accept resettlement.
Article 21. After officers retire, the state properly arranges them through retirement, transfer to other jobs, monthly payment of retirement fees and demobilization.
If it is handed over to the people's government for retirement, the people's government in the resettlement area shall do a good job in service management and ensure its treatment in accordance with the combination of state security and socialized services.
In case of resettlement, the people's government of the resettlement place shall arrange jobs and determine the corresponding job grades according to their ability and political integrity during their active service and their positions, grades, contributions, expertise and work needs.
Those who have served in active service for a certain period of time and receive a monthly retirement pension will receive a monthly retirement pension in accordance with relevant state regulations.
Those who are resettled through demobilization shall receive demobilization fees in accordance with relevant state regulations.
Twenty-second retired noncommissioned officers shall be properly placed by the state by receiving monthly retirement benefits, self-employment, job arrangement and retirement support.
Those who have served in active service for a certain period of time and receive a monthly retirement pension will receive a monthly retirement pension in accordance with relevant state regulations.
Those who have served in active service for less than the prescribed number of years and are self-employed will receive a one-time retirement pension.
Where resettlement is arranged through work, the people's government of the resettlement place shall arrange the work according to their contributions and specialties during their active service.
For retirement resettlement, the people's government of the resettlement area shall, in accordance with the combination of state security and socialized services, do a good job in service management and ensure their treatment.
Resettlement in the form of support, supported by the state for life.
Twenty-third for demobilized conscripts, the state adopts independent employment, job placement, support and other ways to make proper arrangements.
In the form of self-employment, receive a one-time pension.
Where resettlement is arranged through work, the people's government of the resettlement place shall arrange the work according to their contributions and specialties during their active service.
Resettlement in the form of support, supported by the state for life.
Twenty-fourth retirement, jobs, monthly pension, demobilization, self employment, work arrangements, support and other resettlement conditions, in accordance with relevant laws and regulations.
Twenty-fifth demobilized officers, non-commissioned officers and conscripts assigned to work shall be accepted and placed by organs, mass organizations, institutions and state-owned enterprises. Priority should be given to the following veterans:
(1) Retired soldiers who participated in the war;
(2) Demobilized officers serving as the chief officers of divisions, brigades, regiments and battalions of combat troops;
(3) Children of martyrs and retired soldiers who have made meritorious deeds;
(4) Retired soldiers who have served in hard and remote areas or special posts for a long time.
Twenty-sixth organs, organizations and institutions that accept the placement of demobilized officers, non-commissioned officers and conscripts shall provide staffing security in accordance with relevant state regulations.
State-owned enterprises that receive demobilized officers, noncommissioned officers and conscripts shall sign labor contracts with them in accordance with state regulations to ensure corresponding treatment.
When the employing units specified in the preceding two paragraphs reduce personnel according to law, they shall give priority to retaining retired soldiers who receive resettlement and arrange work.
Article 27 If retired officers and noncommissioned officers who are placed in the form of receiving monthly retirement benefits are employed as civil servants or staff members of public institutions, their retirement benefits will be stopped from the next month of employment, and their benefits will be implemented in accordance with relevant laws and regulations on the management of civil servants and staff members of public institutions.
Article 28 The State establishes a system of compulsory transfer, resettlement, treatment and rest for disabled veterans. The relevant departments of the army shall promptly hand over the injured and disabled retired soldiers to the people's government of the resettlement area for resettlement. The people's government of the resettlement place shall properly solve the housing, medical care, rehabilitation, nursing and life difficulties of the wounded and disabled veterans.
Twenty-ninth people's governments at all levels should strengthen the work of supporting the army and giving priority to their families.
When qualified officers and non-commissioned officers retire from active service, their spouses and children can move with them in accordance with relevant state regulations.
I work in a deployed organ or institution, and if I comply with the relevant laws and regulations, the people's government of the resettlement place shall be responsible for arranging to the corresponding work unit; If I work in another unit or have no work unit after deployment, the people's government of the resettlement place shall provide employment guidance and assist in achieving employment.
If the accompanying children need to transfer to another school or enter school, the education administrative department of the people's government of the resettlement place shall handle it in time. The following children of veterans should be given priority:
(1) Retired soldiers who participated in the war;
(2) Children of martyrs and retired soldiers who have made meritorious deeds;
(3) Retired soldiers who have served in hard and remote areas or special posts for a long time;
(4) Other qualified veterans.
Thirtieth specific measures for the placement of retired soldiers shall be formulated by the State Council and the Central Military Commission.
Chapter IV Education and Training
Thirty-first education and training of retired military personnel should be oriented to improve the quality of employment, closely focus on social needs, and provide characteristic, refined and targeted training services for retired military personnel.
The state takes measures to strengthen the education and training of retired military personnel, help them improve their knowledge structure, improve their ideological and political level, professional skills and comprehensive professional quality, and enhance their employment and entrepreneurial ability.
Article 32 The State shall establish a system of education and training for retired military personnel in parallel with academic education and vocational skills training, establish a coordination mechanism for education and training for retired military personnel, and make overall plans for education and training for retired military personnel.
Article 33 Before active servicemen retire, their units may, according to their own characteristics and conditions, provide vocational skills reserve training, organize participation in higher education self-study examinations and higher education continuing education held by various colleges and universities, as well as non-academic continuing education such as knowledge expansion and skills training.
The competent department of retired military personnel of the local people's government at or above the county level where the troops are located shall provide support and help for the education and training of the troops where active military personnel are located.
Article 34. When retired soldiers receive academic education, they enjoy national education subsidy policies such as tuition fees and grants in accordance with relevant state regulations.
According to the overall arrangement of the state, colleges and universities can recruit veterans through separate plans and separate enrollment.
Article 35 Students who have been admitted to or are studying in ordinary institutions of higher learning before enlisting for active service shall retain their admission qualifications or school status during their active service, be allowed to enroll or resume their studies within two years after retirement, and may be transferred to other majors in our school in accordance with relevant state regulations. Those who meet the requirements for postgraduate entrance examination shall enjoy preferential policies in accordance with relevant state regulations.
Article 36 The state relies on and supports educational resources such as ordinary institutions of higher learning, vocational colleges (including technical colleges) and professional training institutions to provide vocational skills training for retired military personnel. Retired soldiers who have not reached the statutory retirement age and need employment and entrepreneurship can enjoy corresponding vocational skills training subsidies and other support policies.
After a soldier retires from active service, the people's government in the resettlement area shall organize him to participate in vocational education and skills training free of charge according to the employment needs. Those who pass the examination shall be issued with corresponding academic certificates, vocational qualification certificates or vocational skill level certificates, and recommended for employment.
Article 37 The competent department of ex-servicemen of the provincial people's government shall, jointly with relevant departments, strengthen dynamic management, and regularly inspect and evaluate the training quality of ordinary colleges and universities, vocational colleges (including technical colleges) and professional training institutions that provide vocational skills training for ex-servicemen, so as to improve the quality and level of vocational skills training.
Chapter V Employment and Entrepreneurship
Article 38 The State encourages and supports retired military personnel to find jobs and start businesses by combining government promotion, market guidance and social support.
Thirty-ninth people's governments at all levels should strengthen the guidance and services for the employment and entrepreneurship of retired military personnel.
The competent department of ex-servicemen of the local people's government at or above the county level shall strengthen the publicity, organization and coordination of ex-servicemen employment and entrepreneurship, and jointly with relevant departments take the form of special job fairs for ex-servicemen to carry out employment recommendation and career guidance to help ex-servicemen find jobs.
Fortieth disabled veterans who were disabled due to war, work or illness during their retirement from active service, after re-evaluation or re-appraisal, have the ability and willingness to work, and have priority to enjoy the preferential employment policies for the disabled stipulated by the state.
Forty-first public human resources service institutions should provide free employment introduction, entrepreneurship guidance and other services for retired soldiers.
The state encourages operating human resources service institutions and social organizations to provide free or preferential services for the employment and entrepreneurship of retired military personnel.
Retired soldiers who fail to find employment in time can enjoy unemployment insurance benefits in accordance with the regulations after applying for job registration in the human resources and social security departments.
Forty-second organs, mass organizations, institutions and state-owned enterprises may appropriately relax the age and academic qualifications of retired military personnel when recruiting or recruiting personnel, and give priority to recruiting and recruiting retired military personnel under the same conditions. Non-commissioned officers and conscripts discharged from active service are regarded as grassroots work experience.
Ex-noncommissioned officers and conscripts who were employees of government organs, mass organizations, institutions or state-owned enterprises before enlisting may choose to return to work after retiring.
Article 43 All localities should set up a certain number of grass-roots civil servant positions to recruit college graduates and retired military personnel who have served for five years.
Graduates from military retired colleges who have served in active service for five years can apply for orientation examination positions for service-oriented grassroots project personnel and enjoy the orientation examination plan for civil servants of service-oriented grassroots project personnel.
All localities should attach importance to the selection and appointment of full-time staff from the Party's grass-roots organizations, communities and villages among outstanding veterans.
Military civilian posts, posts in national defense education institutions, etc. Priority should be given to qualified veterans.
The state encourages retired military personnel to participate in border defense construction such as stabilizing the border.
Forty-fourth years of active service for retired military personnel shall be calculated as the length of service, and shall be calculated cumulatively with the working years of their units after retirement.
Forty-fifth local people's governments at or above the county level shall give priority to providing services for veterans' entrepreneurship by investing with the society or building business incubation bases and pioneering parks. Conditional areas can establish veterans' business incubation bases and business parks, and provide preferential services for veterans in terms of business venues, investment and financing.