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DECISION OF THE STATE COUNCIL, THE CENTRAL MILITARY COMMISSION ON AMENDING THE REGULATIONS OF RECRUITMENT OF SOLDIERS
 
(Order of the State Council No.316, effective immediately)
     
     
SUBJECT : MILITARY RECRUITMENT
ISSUING DEPARTMENT : STATE COUNCIL OF CHINA
ISSUE DATE : 09/05/2001
IMPLEMENT DATE : 09/05/2001
LENGTH : 3119 words
TEXT :
In order to further improve the recruitment system of our country, it is decided to make the following amendments to the Regulations on Recruitment of Soldiers:

1. The third paragraph of Article 3 is amended as: ¡°Based on the principle of the demand of the army and the free will, the male and female citizens that have reached 17-year-old yet not 18-year-old before Dec.31 of that year may be recruited for active service.¡±
The fifth paragraph is amended as: ¡°Those that have been deprived of political rights according to law shall not be recruited. Those that are held in custody for investigation, prosecution, trial, or that have been sentenced imprisonment, detention, public surveillance and are serving sentences shall not be recruited.¡±

2.Article 6 is amended as: ¡°The state shall, according to the mobilization need, divide the recruitment areas of artificers in the whole country in a planned way. All provinces, autonomous regions, municipalities under the Central Government and armies shall recruit and renew artificers according to the areas divided.¡±

3. Article 7 is amended as: ¡°The implementation of the recruitment work of the whole country shall be organized by the Ministry of National Defense under the leadership of the State Council and the Central Military Committee, and the specific work shall be undertaken by the Recruitment Office of the Ministry of National Defense.
¡°All military commands shall be responsible for the recruitment work of their respective areas, and the specific work shall be undertaken by the recruitment offices of the military commands.
¡°The provincial military commands, (garrison commands, guard commands), military subareas (garrison commands) and the people¡¯s armed forces departments of the counties, autonomous counties, cities, municipal districts (hereinafter referred to as counties, cities) shall be the departments of military service of the people¡¯s governments at the corresponding level concurrently. The local people¡¯s governments at the level of county and above shall organize the departments of military service and the departments of public security, public health and other relevant departments to form the recruitment office, which shall be responsible for the recruitment work of their respective areas.
¡°State organs, organizations, enterprises and institutions, and the people¡¯s governments of townships, autonomous townships, towns, and subdistrict offices shall, according to the arrangements and requirements of the counties and cities, handle the recruitment work of their respective units and areas.¡±

4. One article shall be added as Article 8: ¡°The recruitment office at all levels shall be responsible for the direct recruitment of volunteers from non-military departments.¡±

5 One article shall be added as Article 10: ¡°Those that have made notable achievement in the recruitment work shall be honored and awarded.¡±

6. Article 9 is renumbered as Article 11, and one paragraph is added as the second paragraph: ¡°The male citizens that have reached the age of military service shall make military service registration according to the notification of the departments of military service of the counties and cities. If the citizen can¡¯t go to make the registration in person for special reasons after receiving the notification, he can entrust his relatives or the unit he belongs to in written form to make the registration for him.¡±

7. One article is added as Article 14: ¡°The recruitment offices and grass-root units of the counties and cities shall strengthen the management, education and investigation of the citizens to be recruited that have been predetermined for recruitment, thus to get to know their basic information.
¡°If the citizens to be recruited of predetermined recruitment are to leave the counties, cities where their permanent residence are located, they shall report to the grass-root people¡¯s armed forces departments of the places where they are located their whereabouts and contact methods, and shall return for recruitment according to the notification of the departments of military service in time.
¡°The state organs, organizations, enterprises and institutions that the citizens who have been predetermined for recruitment belong to shall supervise and urge them to respond to the recruitment on time, and shall offer convenience for them.¡±

8. Article 13 is renumbered Article 16 and is amended as: ¡°The physical examination of the citizens to be recruited shall be uniformly organized by the recruitment offices of the counties and cities, and the administrative departments of public health at the same level shall be responsible for the specific work, they may designate hospitals to deal with the physical examination, either may they uniformly transfer medical personnel to form the physical examination groups and establish physical examination stations.¡±

9. Article 16 is renumbered Article 19 and is amended as: ¡°The recruitment offices of the counties and cities shall organize the selective physical examinations for the citizens to be recruited that are to be approved to go into active service, the number of people selected to be examined shall be no less than one third of the number of people recruited; if the number of people who are found to be disqualified is relatively large after the selective examination, reexamination shall be carried out to all of the citizens to be recruited that are to be approved to go into active service. For the submarine soldiers, soldiers of naval ships and boats, tank soldiers, air-borne soldiers and others that have special requirements for physical conditions, the recruitment offices of the counties and cities shall uniformly organize the physique reexamination to all the personnel.¡±

10. Article 17 is renumbered Article 20 and is amended as: ¡°The political examination of the citizens to be recruited shall be organized by the recruitment offices of the counties and cities uniformly, and the departments of public security shall be responsible for the specific work and the relevant units shall offer assistance.¡±

11. Article 20 is renumbered Article 23 and is amended as: ¡°The recruitment offices of the counties and cities shall, when examining and approving new soldiers, make all-around evaluation of the citizens to be recruited that have passed the physical examination and political examination, and only approve those that are excellent politically, ideologically and physically and well educated to go into active service.¡±

12. One article is added as Article 24: ¡°If the children, brothers, sisters of, or the revolutionary martyrs and revolutionary disabled soldiers themselves wish to be recruited voluntarily and meet the requirements, they may be approved to perform the active service by priority.¡±

13. One article is added as Article 25: ¡°If the student who is studying in a full-time schools of higher learning and who may be suspended for recruitment according to law wishes to be recruited voluntarily and if he meets the requirements, he may be approved to perform the active service, and the school that he used to study in shall keep his status as a student according to relevant provisions, and allow him to resume his interrupted studies after he retires from army.¡±

14. Article 21 is renumbered Article 26 and is amended as: ¡°The recruitment offices of the counties and cities shall make the enlistment registration for the citizens to be recruited that have been approved to go into active service and issue the Enlistment Notification for Citizens to be Recruited to them, and notify the household registration departments of the places where their permanent residences are. The family members of the citizens to be recruited shall, based on the notification, write off the registered residence of them at the household registration departments of the places where their permanent residences are, and the family members enjoy the treatments of soldiers¡¯ dependants.¡±

15. Article 24 is renumbered Article 29 and is amended as: ¡°Article 29 If the counties and cities assign people to send soldiers, the following work shall be done:
1) When the recruitment starts, the army shall send contact groups on the basis of armies (armed police army in the unit of squadron, hereinafter the same), which is responsible for the contact with the recruitment offices of relevant provinces, autonomous regions and municipalities directly under the Central Government, deciding through consultation on the place to which the counties and cities shall send the soldiers, halfway transfer, handover and other relevant matters;
2) The allocation and transfer of new soldiers shall be relatively concentrated, generally, the units of new soldiers recruited from one county or city that are supplied to the army shall not be more than 3 divisions or brigades;
3) The recruitment offices of the counties and cities shall, according to the arrangements of the recruitment offices at the higher level, designate capable personnel to be responsible for sending new soldiers to the division or brigade of the army; the proportion of the sending personnel and the new soldiers shall be about 1:30;
4) The recruitment offices of the counties and cities shall, after the new soldiers have been assembled, divide the soldiers into groups according to the destinations and number of the new soldiers, and shall conduct necessary education from the perspectives of military, safety and ideology to the new soldiers;
5) The sending personnel shall, after sending the new soldiers to the army, introduce the political, physical, cultural, characteristics information, etc, to the army, and shall return in time after finishing the procedures for handover; and
6) The army shall warmly welcome the new soldiers at their arrival, and shall make arrangements for board and accommodation for the sending personnel appropriately.

16. Article 25 is renumbered Article 30 and is amended as: ¡°If the counties and cities organize the new soldiers to report for duty to the army by themselves, the following work shall be done:
1) When the recruitment starts, the army shall send out contact groups on the basis of the corps, which shall be responsible for the contact with the recruitment offices of relevant provinces, autonomous regions, and municipalities directly under the Central Government, and deciding through consultation on relevant matters concerning the new soldiers that report of their arrival in person;
2) The recruitment offices of the counties and cities shall, according to the arrangements of the recruitment offices at the higher level, decide through consultation with the contact groups sent out by the army on the specific matters concerning the place where the new soldiers report, the contact methods and the handover, etc; and shall divide the new soldiers into groups according to the destinations and number of the new soldiers, and appoint the new soldiers that have the organizational ability to be the squad leader, platoon leader and company commander who shall be responsible for the management of the new soldiers on the way; and
3) The army shall set up receipt groups at the stations, ports, and airports of the places where the new soldiers report of their arrival, which shall be responsible for meeting new soldiers.

17. Article 30 is renumbered Article 35 and is amended as: ¡°The army shall send out contact groups on the basis of the corps to relevant provinces, autonomous regions and municipalities directly under the Central Government 15 days before the day on which the recruitment starts, and shall present its plan of transporting new soldier according to the provisions.¡±

18. Article 31 is renumbered Article 36 and is amended as: ¡°the recruitment offices of the provinces, autonomous regions and municipalities directly under the Central Government shall, according to the relevant provisions on transport, file the plan of new soldier transport of their respective regions to the departments of combined service force of the military areas according to the number of the new soldiers, and the places of beginning and end of the vehicles, ships and airplanes.

19. Article 34 is renumbered Article 39 and is amended as: ¡°the military representative offices stated along the traffic line and the supply stations of military food and drink on the way shall initiatively solve the relevant problems in the transport of new soldiers. The supply stations of military food and drink, the personnel that send and pick up the new soldiers and the new soldiers shall accept the guidance of the military representatives.¡±

20. Article 35 is renumbered Article 40 and is amended as: ¡°the new soldiers shall go through quarantine and reexamination according to the provisions after arriving the army. Those who are found to be affected by infectious diseases through quarantine shall be isolated and cured promptly, and necessary control measures shall be taken on those found to be suspected of crime before joining the army through reexamination.¡±

21. Article 36 is renumbered Article 41 and is amended as: ¡°the soldiers that are found not suitable for going into active service in the army because their physical or political conditions don¡¯t meet the requirements during the quarantine and reexamination shall be sent back. The time limit for returning, in the case of political disqualification, shall not be more than 90 days from the day on which the new soldiers arrive at the army to the day on which the army approves the returning; in the case of disqualification for physical requirements, not more than 45 days. For the new soldiers that have infectious diseases or dangerous and serious diseases, the army shall give medical treatment to them promptly and shall, at the same time, notify the recruitment offices of the provinces, autonomous regions, municipalities directly under the Central Government that recruited them, and send them back from the army after the state of their diseases has become stable, the time for returning shall not be limited. And the vacancy of the soldiers that have been returned will not be filled any more.¡±

22. Article 37 is renumbered Article 42 and is amended as: ¡°the soldiers that have been returned due to disqualification for physical conditions must be checked and certified by the hospitals stated in the army (the hospital of regiment or the people¡¯s hospital of the region or city is required for the army of armed police), be examined by the department of public health of the units of division (brigade, regiment of the armed police army) or above; and be reported to the command organs of the units or division (brigade, regiment of the armed police army) or above for approval; for the soldiers that are needed to be returned due to disqualified for political conditions, the army shall contact with the recruitment offices of the provinces, autonomous regions, municipalities directly under the Central Government that recruited them for affirmation, those that are really disqualified shall be examined by the security departments of the units of division (brigade, regiment of the armed police army) or above, and be reported to the political organs of the units of division (brigade, regiment of the armed police army) or above for approval.¡±

23. Article 38 is renumbered Article 43 and is amended as: ¡°the army shall do the ideological work of the returned new soldiers, handle the procedures for returning and send them back to the recruitment offices of the provinces, autonomous regions, municipalities directly under the Central Government that recruited them.¡±

24 Article 39 is renumbered Article 44 and is amended as: ¡°the recruitment offices of the provinces, autonomous regions, municipalities directly under the Central Government shall accept the disqualified new soldiers sent back by the army according to the provisions, and shall notify the recruitment offices of the counties and cities that recruited them to take them back, write off the procedures for their enrollment, and the local departments of public security shall settle them down; if the soldiers used to be employees of state organs, organizations, enterprises and institutions, the original units shall approve them to resume their work and posts, if the soldiers used to be the students of universities and colleges, the original schools shall approve them to resume their studies according to the relevant provisions.¡±

25. Article 40 and Article 41 are combined as Article 45 and is amended as: ¡°the funds needed for carrying out the recruitment by the Ministry of National Defense shall be incorporated into in the central budget. The funds needed for the recruitment and military service registration of the provinces, autonomous regions, municipalities directly under the Central Government shall be afforded by the provinces, autonomous regions, municipalities directly under the Central Government and be incorporated into the heading of ¡°military recruitment funds¡± of the local budget.
¡°The scope of expenditure and the measures for use and management of the military recruitment funds shall be formulated by the Ministry of Finance and the headquarters of the general staff.¡±

26. Article 42 is renumbered Article 46 and is amended as: ¡°the funds needed for recruiting new soldiers for the army of armed police shall be implemented according to the relevant provisions of the State Council and the Central Military Commission.¡±

27, One article is added as Article 50: ¡°The army shall be responsible for the fees needed for returning the unqualified new soldiers before the recruitment offices of the relevant provinces, autonomous regions and municipalities directly under the Central Government handle the procedures for returning the soldiers; and the recruitment office of the people¡¯s government shall be responsible for the fees after the procedures for returning the soldiers are gone through.¡±

28. Article 46 is renumbered Article 51 and is amended as: ¡°The state organs, organizations, enterprises and institutions that refuse to accomplish the recruitment tasks, obstruct the citizens to perform their obligations of military service, or that have committed other acts to disturb the recruitment work shall be punished according to the provisions of the military service law and the relevant regulations.
The citizens subject to the obligations of military service that refuse or avoid the military service registration and physical examination, and the citizens to be recruited that refuse or avoid the recruitment shall be punished according to the provisions of the military service law and the relevant regulations.¡±

29. Article 47 is renumbered Article 52 and shall be amended as: ¡°The state functionaries or the army personnel shall strictly execute the recruitment orders and guarantee the quality of the new soldiers when handling the recruitment work. Those that accept bribes, practise favoritism and frauds, abuse their powers neglect their duties shall be punished according to the provisions of the military service law and the relevant regulations.¡±

30. One article is added as Article 53: ¡°The specific punishments to be given by the people¡¯s governments at the level of county according to the military service law and the relevant regulations shall be done by the departments of military service of the people¡¯s governments at the level of county.¡±

In addition, the words of part of the articles shall be amended correspondingly and the order of the articles shall be adjusted correspondingly.

This Decision shall come into force on the date of promulgation.

The Regulations on Recruitment of Soldiers shall be correspondingly amended according to this Decision and be promulgated over again.
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