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At its 6th Meeting, the Standing Committee of the Ninth National People's Congress, having examined the proposal submitted by the State Council and the Central Military Commission on the Draft Amendments to the Military Service Law of the People's Republic of China, decides to make the following revisions of the Military Service Law of the People's Republic of China: 1. Article 2 is revised as follows: "The People's Republic of China practises a military service system which combines conscripts with volunteers and a militia with a reserve service." 2. Article 18 is revised as follows: "The term of active service for a conscript is two years." 3. Article 19 is revised as follows: "Upon the expiration of his term of active service, a conscript may, according to need of the armed forces and on the basis of his own free will, change to a volunteer with approval by a unit at or above the regimental level. A system of active service for different terms shall be instituted for volunteers. The term of active service for a volunteer shall, counting from the day when he changes to a volunteer, be no less than three years but generally not more than thirty years, up to the age of 55. Volunteers may, according to need of the armed forces, be recruited directly from among citizens with professional skills in non-military departments. Specific measures in this regard shall be formulated by the State Council and the Central Military Commission." 4. Article 24 is revised as follows: "Persons in the soldiers' reserve shall be divided into two categories: Category One of persons in the soldiers' reserve shall include: (1) soldiers at or under the age of 35 who have been discharged from active service and have registered for the soldier's reserve; (2) civilian technicians at or under the age of 35 who have registered for the soldiers' reserve and whose specialities fit in with those of the military; and (3) other reserve soldiers at or under the age of 28 who have been regimented into the reserve forces or pre-regimented into the active forces. Category Two of persons in the soldiers' reserve shall include: (1) persons regimented into militia organizations other than those included in Category One of persons in the soldiers' reserve; and (2) other male citizens at under the age of 35 who have registered for the soldiers' reserve. Persons listed in sub-paragraph (3) under Category One of persons in the soldiers' reserve in this Article shall be transferred to Category Two at the age of 29; reserve soldiers shall be discharged from reserve service at the age of 35." 5. Article 39 is revised as follows: "Military training for reserve soldiers shall be conducted in militia organizations or reserve forces, or in other organizational forms. Reserve soldiers and primary militiamen at the age from 18 through 22 who have not been in active service but are regimented into reserve forces or pre-regimented into active forces shall receive military training for 30 to 40 days; the period of training for professional and technical soldiers among them may be appropriately extended according to actual needs. The retraining of reserve soldiers who have performed active service or have received military training and military training for ordinary militiamen and for reserve soldiers who are not regimented into militia organizations shall be conducted in accordance with the regulations of the Central Military Commission." 6. Article 42 is revised as follows: "Reservists shall, when participating in military training, be subsidized for loss of work time by the local people's governments. Specific measures and rates of subsidy shall be formulated by the State Council and the Central Military Commission; before such measures and rates are formulated by the State Council and the Central Military Commission, they shall be prescribed by the provinces, autonomous regions and municipalities directly under the Central Government." 7. Article 54 is revised as follows: "During the period when conscripts are in active service, their families shall be granted preferential treatment by the local people's governments. The standard for preferential treatment shall not be lower than the local average living standard. Specific measures shall be prescribed by the provinces, autonomous regions and municipalities directly under the Central Government." 8. Article 56 is revised as follows: "Conscripts discharged from active service shall, on the principle of returning to the place where they came from, be accepted and placed by the people's governments of the counties, autonomous counties, cities or municipal districts where they were enlisted: (1) Conscripts who are residents of rural areas, when discharged from active service, shall be provided with proper arrangements for their work and livelihood by the people's governments of townships, nationality townships or towns. When recruiting staff members or workers from among people in the rural areas, government departments, public organizations, enterprises and institutions shall give preference to discharged servicemen under equal conditions. Those who have been awarded Citation for Merit, Class II or higher, shall be given jobs as prescribed in sub-paragraph (2) of this Article. (2) Conscripts who are residents of cities or towns, when discharged from active service, shall be given jobs by the people's governments of counties, autonomous counties, cities or municipal districts, or may be placed by the people's governments at the next higher level or of the provinces, autonomous regions or municipalities directly under the Central Government through an overall arrangement within their own regions. Government departments, public organizations, enterprises and institutions, regardless of the nature of their ownership and the form of organization, shall have the obligation to place discharged servicemen in accordance with the relevant regulations of the State. Those who, prior to their enlistment, were staff members or workers of government departments, public organizations, enterprises or institutions shall be allowed to resume their original work or positions. (3) Discharged servicemen who are from cities or towns shall, during the period pending their placement, be given subsidies for living expenses by the local people's governments on the principle of ensuring them a living standard not lower than the lowest in the localities. (4) Discharged servicemen who are from cities or towns and wish to seek employment by themselves shall be given financial subsidies in a lump sum and preferential treatment in terms of policies by the local people's governments. (5) When conscripts discharged from active service take examinations for recruitment as public servants of the State or take entrance examinations for institutions of higher learning or secondary vocational schools, they shall be given preferential treatment in accordance with relevant regulations." 9. The first paragraph of Article 58 is revised as follows: "Volunteers who are discharged before having performed active service for 10 years shall be placed in accordance with the provisions in Article 56 of this Law; those who have performed active service for 10 years shall be given jobs by the people's governments of the counties, autonomous counties, cities or municipal districts where they were enlisted, or may be placed by the people's governments at the next higher level or of the provinces, autonomous regions or municipalities directly under the Central Government through an overall arrangement within their own regions; those who wish to return home to take part in agricultural production or wish to seek employment by themselves shall be encouraged to do so and be given extra subsidies by the local people's governments for setting up homes there; and those who have performed active service for 30 years or reached the age of 55 shall retire, or may be transferred to civilian jobs according to local needs and their own wish." 10. Article 61 is revised as follows: "If a citizen who has the duty to perform military service commits any of the following acts, he shall be ordered by the people's government at the county level to make amends within a time limit; if he fails to do so, he shall be compelled to fulfil his duty of military service and may also be fined by the said government: (1) refusing to register for military service or evading such registration, or refusing to take physical examination or evading such examination; (2) refusing to be enlisted or evading enlistment if he is eligible for enlistment; or (3) refusing to receive military training or evading such training, or refusing to fulfil military duties or evading such duties if he is a reservist. Any citizen who commits any of the acts mentioned in sub-paragraph (2) in the preceding paragraph and refuses to make amends may not, within two years, be recruited as a public servant of the State or a staff member or worker of a State-owned enterprise, or be allowed to go abroad or enter a higher school. Any citizen who commits in wartime any of the acts listed in sub- paragraphs (2) and (3) in the first paragraph, if the act is serious enough to constitute a crime, shall be investigated for criminal liability according to law." 11. A new article is added as Article 62: "Any active serviceman who refuses to perform his duties or deserts the armed forces in order to evade military service shall be given administrative sanction in accordance with the regulations of the Central Military Commission; if he deserts the armed forces in time of war and if the case is serious enough to constitute a crime, he shall be investigated for criminal liability according to law. Any person who knowingly employs an individual who has deserted the armed forces shall be ordered to set it right and be fined by a people's government at the county level; if the case is serious enough to constitute a crime, he shall be investigated for criminal liability according to law." 12. A new article is added as Article 63: "Any government department, public organization, enterprise or institution that refuses to carry out military service work prescribed in this Law, obstructs any citizen's performance of his duty of military service, refuses to accept and place discharged servicemen or commits any other act of impairing military service work shall be ordered to set it right and may also be fined by a people' government at the county level; the persons directly in charge of the unit and the other persons directly responsible for the act shall be punished according to law." 13. A new article is added as Article 64: "Any person who disrupts the order of military service work or obstructs military service workers' lawful performance of their duties shall be punished in accordance with the provisions of the Regulations on Administrative Penalties for Public Security; if he resorts to violence or threat and if the case is serious enough to constitute a crime, he shall be investigated for criminal liability according to law." 14. Article 62 is changed to be Article 65 and revised as follows: "Any State functionary or armyman who, in military service work, commits any of the following acts, if the case is serious enough to constitute a crime, shall be investigated for criminal liability according to law; if the case is not serious enough to constitute a crime, he shall be given administrative sanction: (1) taking bribes; (2) abusing his power or neglecting his duty; or (3) engaging in malpractices for selfish purposes through accepting or sending unqualified recruits." 15. Articles 63, 64 and 65 are respectively changed to be Articles 66, 67 and 68. This Decision shall go into effect as of the date of promulgation. The conscripts who have been in active service in accordance with the Military Service Law of the People's Republic of China before this Decision goes into effect shall in principle be discharged from active service when they have completed two years of active service; some of them, if needed by the armed forces, may continue their active service for one more year. The Military Service Law of the People's Republic of China shall be revised according to this Decision and repromulgated. |
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