Regulations on Military Pensions and Benefits (full text)
2024-08-14
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According to Xinhua News Agency, Beijing, August 13
Military Pension Benefits Regulations
(Promulgated on August 1, 2004 by Order No. 413 of the State Council of the People's Republic of China and the Central Military Commission of the People's Republic of China; revised for the first time in accordance with the Decision of the State Council and the Central Military Commission on Amending the Regulations on Military Personnel Pensions and Benefits on July 29, 2011; revised for the second time in accordance with the Decision of the State Council on Amending Certain Administrative Regulations on March 2, 2019; revised for the third time in Order No. 788 of the State Council of the People's Republic of China and the Central Military Commission of the People's Republic of China on August 5, 2024)
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the National Defense Law of the People's Republic of China, the Military Service Law of the People's Republic of China, the Law of the People's Republic of China on the Status and Rights Protection of Servicemen, the Law of the People's Republic of China on the Protection of Veterans, and other relevant laws in order to safeguard the state's pensions and preferential treatment for servicemen, encourage their dedication to defending and building the motherland, strengthen national defense and military modernization, and make servicemen a profession respected by the whole society.
Article 2 The objects of pension and preferential treatment referred to in these Regulations include:
(1) Military personnel;
(2) Disabled military personnel in active service or discharged from active service;
(3) The families of martyrs, servicemen who died in the line of duty, and servicemen who died of illness;
(4) Family members of military personnel;
(5) Retired military personnel.
Article 3 The work of military pensions and preferential treatment shall adhere to the leadership of the Communist Party of China.
The work of pensions and preferential treatment for military personnel should practice the core socialist values, implement the principles of matching treatment with contribution, giving equal importance to spiritual and material, and combining care with service, provide classified protection, highlight key points, gradually promote the coordination of urban and rural pension and preferential treatment systems, improve the dynamic adjustment mechanism of pension and preferential treatment standards, and ensure that the level of pension and preferential treatment is in line with the level of economic and social development, national defense and military construction needs.
Article 4 The state guarantees that recipients of pensions and preferential treatment enjoy the universal benefits for citizens, such as social security and basic public services, and at the same time enjoy corresponding pension and preferential treatment.
When reviewing whether the recipients of pensions and preferential treatment meet the conditions for enjoying corresponding social security and basic public services, pensions, subsidies and preferential treatment payments are not included in the personal and family income of the recipients of pensions and preferential treatment.
Article 5 The department in charge of retired military personnel affairs under the State Council is responsible for the pension and preferential treatment of military personnel throughout the country; the department in charge of retired military personnel affairs under the local people's government at or above the county level is responsible for the pension and preferential treatment of military personnel within its administrative area.
The relevant central and national authorities, relevant departments of the Central Military Commission, and relevant authorities at all levels of local governments should do a good job in providing pensions and preferential treatment to military personnel within the scope of their respective responsibilities.
Article 6 In accordance with the principles of division of financial powers and expenditure responsibilities between the central and local governments, the funds required for military pensions and preferential treatment shall be mainly borne by the central government, and the provincial government shall appropriately increase its financial investment to alleviate the financial pressure at the grassroots level.
Local people's governments at or above the county level shall ensure funding for military pensions and preferential treatment.
The central and local governments shall arrange the funds and working expenses required for military pensions and preferential treatment, implement full-process budget performance management, and be subject to supervision by the financial and auditing departments.
Article 7 The state encourages and guides social forces such as mass organizations, enterprises, institutions, social organizations, and individuals to provide support and assistance for military pensions and preferential treatment through donations, establishment of funds, voluntary services, and other means in accordance with the law.
The whole society should care for and respect the recipients of pensions and preferential treatment, carry out various forms of activities to support the military and their families, and create a strong atmosphere of patriotism, support for the military, and respect for soldiers.
Article 8 The state promotes the informatization of pension and preferential treatment for military personnel, strengthens the construction of a comprehensive information platform for pension and preferential treatment recipients, strengthens inter-departmental coordination and cooperation and information sharing, achieves accurate identification of pension and preferential treatment recipients, and improves the service capacity and level of pension and preferential treatment for military personnel.
The state has established an annual confirmation system for recipients of regular pension subsidies and a mechanism to hold those who falsely claim benefits accountable to ensure that pension and preferential funds are accurately distributed.
Article 9: Units and individuals who have made outstanding achievements in the work of military pensions and preferential treatment shall be commended and rewarded in accordance with relevant national regulations.
Chapter II Death Pension for Military Personnel
Article 10 The dependents of martyrs shall enjoy martyr commendation money and one-time pension, and may also enjoy regular pensions, funeral subsidies, one-time special pensions, etc. in accordance with regulations.
The dependents of servicemen who died in the line of duty or died of illness are entitled to a one-time pension, and can also enjoy regular pensions, funeral subsidies, one-time special pensions, etc. in accordance with regulations.
Article 11 A soldier who dies and meets any of the following conditions shall be evaluated as a martyr:
(1) Those who died in combat against the enemy, or who were wounded in combat against the enemy and died from their injuries before the end of medical treatment;
(2) He was killed by the enemy or criminals while performing his duties, or was killed by the enemy or died as a result of torture after being captured or arrested and refusing to yield;
(3) Those who died while rescuing or protecting state property, collective property, the lives and property of citizens, or while performing anti-terrorist tasks or handling emergencies;
(4) Those who died while performing military exercises, combat readiness flights, airborne and missile launch training, test voyages and test flights, or participating in scientific research and testing of weapons and equipment;
(5) Those who died while performing diplomatic missions or foreign aid or international peacekeeping missions assigned by the state;
(6) Other sacrifices that are particularly outstanding and can serve as role models.
If a soldier goes missing while performing tasks such as fighting the enemy, maintaining international peace, performing border and coastal defense duties, or performing disaster relief operations and is declared dead, he shall be treated as a martyr.
The assessment of martyrs shall be approved by the political work department of a military unit at or above the regimental level if those died in battle; by the political work department of a military unit at or above the army level if those died non-combat reasons; and by the Political Work Department of the Central Military Commission if those fall under the circumstances specified in the sixth item of the first paragraph of this article.
Article 12 A soldier’s death shall be recognized as death in the line of duty if it meets any of the following circumstances:
(1) Death due to an accident while performing duties, at work, or on the way to or from get off work;
(2) Those who were determined to have been disabled in battle or on duty and then died due to the recurrence of old injuries;
(3) Death due to occupational disease;
(4) Death due to illness while performing duties or at work;
(5) Other deaths caused by work-related reasons.
If a soldier goes missing while performing tasks other than combating the enemy, maintaining international peace, border and coastal defense duty, or disaster relief, and is declared dead, he shall be treated as having died in the line of duty.
The death of a soldier in the line of duty shall be confirmed by the political work department of a military unit at the regimental level or above; if the circumstances fall under the fifth item of the first paragraph of this article, it shall be confirmed by the political work department of a military unit at the army level or above.
Article 13 A soldier’s death due to any disease other than that specified in the third and fourth items of the first paragraph of Article 12 of these Regulations shall be confirmed as death from illness.
If a soldier dies while not on duty, or is declared dead due to missing, he will be treated as having died of illness.
The death of a soldier due to illness shall be confirmed by the political work department of military units at the regimental level and above.
Article 14 When a soldier is sacrificed and is assessed as a martyr, confirmed as having died in the line of duty, or died of illness, the relevant military departments or units shall send the "Martyr Assessment Notice", "Soldier's Death in the Line of Duty Notice", "Soldier's Death in Illness Notice", "Soldier's Death in the Line of Duty Certificate", and "Soldier's Death in Illness Certificate" to the martyr's family members, the family members of the soldier who died in the line of duty, or the family members of the soldier who died of illness. The issuance of martyr certificates shall be carried out in accordance with the provisions of the "Martyrs Commendation Regulations", and the "Soldier's Death in the Line of Duty Certificate" and "Soldier's Death in Illness Certificate" shall be issued to the family members of the soldier who died in the line of duty or the family members of the soldier who died of illness by the county-level people's government's retired military affairs department specified in this article.
If the surviving family members are all military personnel and have no registered permanent residence, the location of the military unit shall be deemed as the registered permanent residence of the surviving family members.
Article 15 The martyr commendation money shall be paid to the martyr's surviving family members by the veteran affairs department of the county-level people's government where the martyr's surviving family members are registered, at the rate of 30 times the national average disposable income of urban residents in the previous year when the martyr died. In wartime, the standard of commendation money for martyrs who died in battle may be appropriately increased.
When a soldier dies, based on the nature of his death and the monthly basic salary standard at the time of his death, the retired military affairs department of the county-level people's government that receives the "Martyr Assessment Notice", "Soldier's Death in the Line of Duty Notice", and "Soldier's Death in Illness Notice" shall issue a one-time pension to his survivors in accordance with the following standards: for martyrs and those who died in the line of duty, the pension is 20 times the national per capita disposable income of urban residents in the previous year plus 40 months of the soldier's basic salary; for those who died in the line of duty, the pension is 2 times the national per capita disposable income of urban residents in the previous year plus 40 months of the soldier's basic salary. If the monthly basic salary or allowance is lower than the basic salary standard for second lieutenants, it shall be calculated according to the basic salary standard for second lieutenants. For those who are posthumously awarded military ranks, the monthly basic salary standard shall be determined according to the rank awarded posthumously and the corresponding level of treatment.
Article 16 If a soldier who has been awarded honors and commendations for meritorious service during his active service is rated as a martyr, confirmed to have died in the line of duty or died of illness, his or her surviving family shall receive an additional one-time pension in accordance with the following proportions on top of the one-time pension they should have received:
(1) For those who have received medals or national honorary titles, an additional 40% will be issued;
(2) For those who are awarded honorary titles individually or jointly by the CPC Central Committee, the State Council, or the Central Military Commission, an additional 35% will be given;
(3) For those who have made first-class military merit, received first-class commendation, or been awarded an honorary title by an organization authorized by the Central Military Commission, an additional 30% will be paid;
(iv) For those who have made second-class military merit, first-class merit, or received second-class commendation and are approved, an additional 25%;
(5) For those who have made third-class or second-class military merit, an additional 15% will be paid;
(6) For those who have made fourth-class military merit or third-class merit, an additional 5% will be paid.
If a soldier is posthumously awarded a meritorious honor, a one-time pension will be paid in accordance with the provisions of the preceding paragraph.
The dependents of martyrs, soldiers who died in the line of duty, and soldiers who died of illness who have received multiple honors and commendations during their active service will be given a one-time additional pension by the competent department of veterans affairs of the county-level people's government in accordance with the highest increase ratio.
Article 17 In addition to paying a one-time pension to the survivors of martyrs, servicemen who died in the line of duty, or servicemen who died of illness who made special contributions during their lifetime, the military may pay their survivors a one-time special pension in accordance with relevant regulations.
Article 18 The Martyr Commendation Gold shall be given to the martyr's parents (guardians), spouse, and children. If there are no parents (guardians), spouse, or children, the gold shall be given to brothers and sisters under the age of 18 and brothers and sisters over the age of 18 who have no source of living expenses and were supported by the soldier during his lifetime.
A one-time pension is paid to the families of martyrs, families of servicemen who died in the line of duty, and families of servicemen who died of illness. The scope of the families shall be determined in accordance with the provisions of the preceding paragraph.
Article 19: For the dependents of martyrs, dependents of servicemen who died in the line of duty, and dependents of servicemen who died of illness who meet the following conditions, the competent department for retired servicemen of the county-level people's government where their household registration is located shall, based on their application, pay regular pensions starting from the month when they are confirmed to meet the conditions:
(1) The parents (caregivers) or spouse are unable to work, have no source of living expenses, or have an income level lower than the average living standard of local residents;
(2) The child is under 18 years old or is over 18 years old but has no source of living expenses due to schooling or disability;
(3) Brothers and sisters who are under the age of 18 or who are over the age of 18 but have no source of living expenses due to schooling and were supported by the soldier during his lifetime.
The standard of regular pension should be determined with reference to the national per capita disposable income level of residents in the previous year. The specific standards and their adjustment methods shall be determined by the State Council’s department in charge of veterans affairs in conjunction with the State Council’s finance department.
Article 20: If the spouse of a martyr, a soldier who died in the line of duty, or a soldier who died of illness continues to support the parents (guardians) of the martyr, the soldier who died in the line of duty, or the soldier who died of illness after remarrying, and continues to support the brothers and sisters who are under the age of 18 or are over the age of 18 but unable to work and have no source of living expenses who were supported by the martyr, the soldier who died in the line of duty, or the soldier who died of illness, the department in charge of veterans' affairs of the county-level people's government where they are registered will continue to pay regular pensions.
Article 21 For the families of martyrs, families of servicemen who died in the line of duty, and families of servicemen who died of illness who still have special difficulties in life after receiving regular pensions, the local people's government at or above the county level may increase the pensions or adopt other means to provide hardship relief.
Article 22: If the dependents of martyrs, soldiers who died in the line of duty, or soldiers who died of illness who were enjoying regular pensions dies, they will continue to receive six months of the regular pension they originally enjoyed as funeral expenses.
Article 23 If a soldier is missing and declared dead, and after he is evaluated as a martyr, confirmed as having died in the line of duty or died of illness, and then the declaration of his death is revoked through legal procedures, the original evaluation or confirmation authority shall cancel his qualification as a martyr, a soldier who died in the line of duty or died of illness, and the issuing authority shall take back the relevant certificates and terminate the pension benefits originally enjoyed by his family.
Chapter III Disability Pension for Military Personnel
Article 24 Disabled military personnel enjoy disability pensions and may also enjoy support benefits, nursing expenses, etc. in accordance with regulations.
Article 25 A soldier who is disabled and meets any of the following conditions shall be deemed to be disabled due to combat:
(1) Being disabled due to injuries sustained in combat against the enemy;
(2) Being injured or disabled by the enemy or criminals while performing their duties, or being injured or disabled by the enemy as a result of refusing to yield after being captured or arrested;
(3) Being disabled while rescuing or protecting state property, collective property, the lives and property of citizens, or while performing anti-terrorist tasks or handling emergencies;
(4) Being disabled due to military exercises, combat readiness flights, airborne and missile launch training, sea trials and flight tests, or participation in weapons and equipment scientific research and testing;
(5) Those who become disabled while performing diplomatic missions or foreign aid or international peacekeeping missions assigned by the state;
(6) Other persons disabled as a result of war.
A soldier’s disability shall be deemed to be caused by duty if it meets any of the following conditions:
(1) Being disabled due to an accident while performing a task, at work, or on the way to or from get off work;
(2) Being disabled due to an occupational disease;
(3) Sudden illness, injury or disability caused by illness while performing duties or at work;
(4) Other disability caused by work-related reasons.
Conscripts and junior sergeants who become disabled due to diseases other than those specified in the second and third paragraphs of the preceding paragraph shall be deemed to be disabled due to illness.
Article 26 The degree of disability is determined according to the degree of labor dysfunction and difficulty in self-care, and is divided into levels one to ten from severe to mild.
The specific assessment standards for disability levels shall be determined by the State Council’s veterans affairs department in conjunction with the State Council’s human resources and social security department, health department, and relevant military departments.
Article 27 If a soldier who becomes disabled due to war or on-duty service becomes stable after treatment and meets the conditions for disability assessment, the disability level shall be assessed in a timely manner. If a conscript or junior sergeant becomes disabled due to illness and his condition becomes stable after treatment and meets the conditions for disability assessment, the soldier (the guardian for a person without civil capacity or with limited civil capacity) or his unit shall apply in a timely manner to have the disability level assessed during active service.
Those who are disabled due to war or work and whose disability level is assessed as Grade 1 to 10 are entitled to pensions; those who are disabled due to illness and whose disability level is assessed as Grade 1 to 6 are entitled to pensions. For those whose disability level is assessed, the disability pension will be paid from the month of approval.
Article 28 The authority to determine the nature of disability caused by war, work-related injuries, or illness and to assess the degree of disability is:
(1) The disability of conscripts and junior non-commissioned officers shall be identified and assessed by the health departments of military units at or above the army level in conjunction with relevant departments;
(2) The disability of officers and non-commissioned officers above the mid-level shall be identified and assessed by the health departments of military units at the theater level and above in conjunction with relevant departments;
(3) If the nature of disability and degree of disability of retired military personnel and retired military cadres and sergeants transferred to the government for resettlement need to be determined, the determination and assessment shall be made by the competent department of veterans affairs of the provincial people's government.
The assessment of disability level should be based on the medical appraisal opinion on the disability level issued by a group of medical and health experts.
Disabled servicemen are issued the "Disabled Serviceman Certificate of the People's Republic of China" by the authority that identifies the nature of their disability and assesses the degree of their disability.
Article 29 If a soldier becomes disabled due to war or on duty and his disability level is not assessed in a timely manner, after he retires from active service, he (or his guardian if he is incapable of civil conduct or has limited civil capacity) shall apply in a timely manner for a reassessment of his disability level. If the original archival records and original medical records can prove that the condition and nature of the disability during active service meet the conditions for disability assessment, the disability level can be assessed.
Those who are diagnosed and identified as having an occupational disease or are disabled due to residual shrapnel in the body and meet the conditions for disability assessment can apply for a disability assessment.
After a soldier is assessed a disability level, if the disability of the original part of the body that caused the disability changes significantly during active service or after discharge from active service, and the original disability level is obviously inconsistent with the disability level, the soldier himself (the guardian of a person with no or limited civil capacity) may apply for an adjustment of the disability level, or the military health department or the local people's government's department in charge of veterans' affairs may propose an adjustment of the disability level. The application for adjustment of the disability level should be made one year after the last assessment of the disability level.
Article 30 Disabled servicemen who have retired from active service or have been transferred to the government shall, within 60 days after the military has completed the retirement or transfer procedures, apply to the department in charge of retired servicemen of the county-level people's government where their registered permanent residence has been transferred to transfer to a pension relationship, and enjoy disability pensions according to the nature and grade of their disability. The disability pensions for the year of their retirement or transfer to the government shall be paid by their unit, and the department in charge of retired servicemen of the county-level people's government where they have been transferred shall pay them according to local standards from the following year.
Disabled military personnel who need to continue to serve in active service due to work needs will be given disability pensions by their unit in accordance with regulations with the approval of military units at the army level or above.
Article 31 The standard of pensions for disabled servicemen shall be determined with reference to the national average annual wage level of urban employees in the previous year. The standard of disability pensions and the specific methods for disabled servicemen of grades one to ten to enjoy disability pensions shall be determined by the competent department of veterans affairs of the State Council in conjunction with the financial department of the State Council.
For disabled soldiers who still have special difficulties in life after receiving disability pensions, local people's governments at or above the county level may increase pensions or adopt other means to provide hardship subsidies.
Article 32 If a disabled soldier who was discharged from active service due to war or duty dies due to a recurrence of old injuries, the retired soldier affairs department of the county-level people's government shall pay a one-time pension to his survivors in accordance with the pension standards for soldiers who died in the line of duty, and his survivors shall enjoy regular pension benefits for the survivors of soldiers who died in the line of duty in accordance with national regulations.
If a disabled soldier who has retired from active service dies of illness, his or her survivors will continue to receive 12 months of the disability pension they originally enjoyed as funeral expenses. Among them, if a disabled soldier of grade one to four who was disabled in war or on duty dies of illness, his or her survivors will enjoy regular pension benefits for the survivors of deceased soldiers in accordance with national regulations.
Article 33 Disabled servicemen who are graded one to four when they retire from active service shall be supported by the state for life; among them, those who require long-term medical treatment or are single and cannot be supported separately may be supported collectively with the approval of the competent department for veterans affairs of the provincial people's government.
Article 34 Nursing fees shall be paid to disabled servicemen of Grades 1 to 4 who were supported separately when they were discharged from active service, whose grades were re-evaluated or adjusted to Grades 1 to 4 after they were discharged from active service, and whose grades were assessed as Grades 5 to 6 due to mental disorders during their active service. The standards for nursing fees are:
(1) For those with first and second degree disabilities due to war or work-related reasons, 50% of the local average monthly salary of urban employees in the previous year;
(2) For those with third and fourth degree disabilities due to war or work-related reasons, 40% of the local average monthly salary of urban employees in the previous year;
(3) For those with a disability of grade one to grade four due to illness, 30% of the local average monthly salary of employees in urban units in the previous year;
(IV) For persons with a disability of Grade 5 to 6 due to mental disorder, the compensation shall be 25% of the local average monthly wage of employees in urban units in the previous year.
The nursing expenses for disabled servicemen who have retired from active service and transferred to local areas shall be paid by the competent departments for retired servicemen of local people's governments at or above the county level. The nursing expenses for disabled servicemen who have not retired from active service or transferred to local areas shall be paid by their units in accordance with relevant military regulations. The nursing expenses for retired disabled servicemen who have been transferred to the government for placement shall be implemented in accordance with relevant national and military regulations.
During the period of treatment in preferential hospitals, the nursing fees for disabled soldiers who enjoy nursing fees shall be used by preferential hospitals in a unified manner. During the period of service in the army, if the disabled soldiers who enjoy nursing fees are purchased by their units from local areas, the nursing fees shall be included in the social service expenses purchased by the units in accordance with regulations and managed and used in a unified manner.
Article 35 If a disabled soldier needs to be equipped with prosthetic limbs, wheelchairs, hearing aids or other rehabilitation assistive devices due to his disability, if he is currently serving in active service, the military units at or above the army level will be responsible for providing it; if he has retired from active service, the provincial people's government's department in charge of veterans affairs will be responsible for providing it, and the necessary funds will be guaranteed by the provincial people's government.
Chapter 4 Preferential Treatment
Article 36 The recipients of pensions and preferential treatment shall enjoy family preferential allowances, honor incentives, care and assistance, as well as preferential treatment in education, medical care, employment, housing, elderly care, transportation, culture, etc. in accordance with the law.
Article 37 The state shall improve the methods of commending and rewarding those who are entitled to pensions and preferential treatment, build a system of honor incentives that emphasizes both spiritual and material aspects, establish an honor incentive mechanism for those who are entitled to pensions and preferential treatment, and improve policies and systems such as inviting them to participate in major celebrations, carrying out typical publicity, hanging honor plaques, issuing preferential certificates, sending congratulatory messages, recording them in local chronicles, and organizing short-term recuperation.
Article 38 The State shall establish a care and assistance mechanism for recipients of pensions and preferential treatment, and gradually improve the registration system for information archives on the living conditions of recipients of pensions and preferential treatment. Places with conditions may set up a veterans care fund, make full use of the veterans care fund and other funds to carry out assistance and aid, and increase care and assistance for recipients of pensions and preferential treatment who have experienced major changes in their lives and encountered special difficulties.
Township people's governments and sub-district offices shall take the initiative to understand the living conditions of the beneficiaries of pensions and preferential treatment in their administrative areas through home visits and other means, promptly identify beneficiaries of pensions and preferential treatment who are in difficult living conditions, and provide services such as assistance in application and organization of assistance. Grassroots mass autonomous organizations shall assist in the work of visiting and assisting beneficiaries of pensions and preferential treatment. It is encouraged to give full play to the role of social organizations, social workers and volunteers to provide psychological counseling, spiritual comfort, legal aid, humanistic care and other services to beneficiaries of pensions and preferential treatment. People's governments at or above the county level shall take measures to provide conditions and support for township people's governments, sub-district offices and grassroots mass autonomous organizations to carry out related work.
Article 39 The state shall gradually increase preferential treatment for the families of martyrs in education, medical care, employment, pension, housing, transportation, culture and other aspects.
The relevant departments of the State Council, the relevant departments of the military and local people's governments should care about the living conditions of the martyrs' families, visit them and give them honorary incentives and spiritual comfort in a timely manner.
Children of martyrs who meet the requirements for recruitment and employment of civil servants or full-time community workers shall be given priority for recruitment or employment under the same conditions.
Article 40 The children, brothers and sisters of martyrs, servicemen who died in the line of duty or servicemen who died of illness, as well as the children of servicemen who voluntarily apply for enlistment and meet the conscription requirements shall be given priority for approval to serve in active service; those who apply for military civilian personnel shall enjoy preferential treatment in accordance with regulations.
Article 41 The state shall establish preferential treatment hospitals and homes for the disabled and honored veterans, and provide preferential treatment services to the disabled and honored veterans in accordance with relevant regulations. People's governments at or above the county level shall make full use of existing medical and elderly care service resources, strengthen the construction of preferential treatment hospitals and homes for the disabled and honored veterans in accordance with local conditions, and admit or provide centralized care for the lonely, elderly, and self-incapable veterans.
Veterans who have participated in wars, dependents of martyrs, dependents of servicemen who died in the line of duty, dependents of servicemen who died of illness, and family members of military personnel who meet the prescribed conditions and apply for centralized care, inpatient treatment, or short-term recuperation in state-run preferential treatment hospitals and homes for the glorious cause will enjoy priority and preferential treatment.
All kinds of social welfare institutions shall give priority to receiving beneficiaries and beneficiaries. The dependents of martyrs, dependents of servicemen who died in the line of duty, dependents of servicemen who died of illness, and family members of servicemen who meet the prescribed conditions and apply to live in public elderly care institutions shall be given priority under the same conditions.
Article 42 The State establishes a system of preferential allowances for the families of conscripts borne by the central and local governments at different levels of finance. During the period of active service of conscripts, their families shall be given preferential allowances by the county-level people's government of the place where they were approved for enlistment, and shall also enjoy other preferential treatment in accordance with regulations.
The rural land contracting and management rights obtained by conscripts and sergeants in accordance with the law before joining the army should be retained during their active service.
Ordinary letters sent by conscripts from the army are delivered free of charge.
Article 43: Children of martyrs who apply for admission to ordinary high schools, secondary vocational schools, and colleges shall enjoy preferential treatment in accordance with the Regulations on Commendation of Martyrs and other laws and regulations and relevant national provisions. Those who attend public kindergartens and public schools shall enjoy various student aid policies in accordance with relevant national regulations.
Children of servicemen who died in the line of duty and children of servicemen with disabilities of grades one to four who apply to regular high schools, secondary vocational schools, and colleges will be given preferential treatment at the time of admission in accordance with relevant national regulations; those who receive academic education will enjoy various student aid policies in accordance with relevant national regulations.
Children of military personnel can attend public schools for compulsory education and inclusive kindergartens at the place of residence of the military personnel, their parents, grandparents, or other legal guardians, or at the place where their parents live or where the military is stationed, and enjoy the local preferential education policies for children of military personnel; they can be given priority admission in accordance with relevant national regulations when applying for ordinary high schools, secondary vocational schools, and colleges; and they can enjoy various student aid policies in accordance with relevant national regulations when receiving academic education. Local people's governments at all levels and their relevant departments shall create conditions for children of military personnel to receive a good education in accordance with laws, regulations and relevant national regulations.
After leaving active service, disabled soldiers, conscripts and junior sergeants can apply for secondary vocational schools and colleges and universities and enjoy preferential treatment in accordance with relevant national regulations. Disabled soldiers are given priority in participating in learning and training, and enjoy national funding policies in accordance with regulations. Retired soldiers can participate in education and training free of charge in accordance with regulations. Eligible retired college students can enjoy preferential policies in accordance with relevant national regulations when they return to school, change majors, or study for a master's degree.
The specific measures for recipients of pensions and preferential treatment to enjoy educational preferential treatment shall be determined by the State Council’s department in charge of veterans affairs in conjunction with the State Council’s education department.
Article 44 The state shall guarantee the medical expenses of disabled servicemen of grades one to six in accordance with the regulations. The medical expenses of recurrence of old injuries of disabled servicemen of grades one to six who participate in work-related injury insurance shall be paid from the work-related injury insurance fund.
Medical expenses for recurrence of old injuries of disabled servicemen of grades 7 to 10 shall be paid by the work-related injury insurance fund if they have participated in work-related injury insurance; if they have not participated in work-related injury insurance, their work units shall bear the expenses, and if they do not have work units, the local people's government at or above the county level shall bear the expenses. For medical expenses other than recurrence of old injuries of disabled servicemen of grades 7 to 10, if they have not participated in medical insurance and have difficulty paying the medical expenses themselves, the local people's government at or above the county level shall provide subsidies as appropriate.
The beneficiaries of the pension and preferential treatment shall enjoy preferential services in the military medical and health institutions and government-run medical and health institutions in accordance with the regulations. The state encourages medical and health institutions run by social forces to provide preferential services for the beneficiaries of the pension and preferential treatment. Veterans who have participated in the war and disabled soldiers shall enjoy preferential medical treatment in accordance with the regulations.
The specific measures for recipients of pensions and preferential treatment to enjoy medical benefits and preferential treatment shall be determined by the State Council’s veterans affairs department and the Logistics Support Department of the Central Military Commission in conjunction with the State Council’s finance, health, medical insurance and other departments.
The central government will provide appropriate subsidies to local governments to help solve the medical expense difficulties faced by those who are eligible for preferential treatment and relief.
Article 45 Conscripts and sergeants who were staff members of government agencies, mass organizations, public institutions or state-owned enterprises before joining the army and who are placed in self-employment after retiring from active service may choose to resume their jobs, and their wages and welfare benefits shall not be lower than the average level of staff members with the same conditions in the unit; during their active service, their families shall continue to enjoy the relevant welfare benefits for the families of the staff members of the unit.
Disabled soldiers, conscripts and junior sergeants who apply for civil service examinations after retiring from active service will enjoy preferential treatment in accordance with relevant national regulations.
Article 46 The state shall protect the employment and resettlement rights of military spouses in accordance with the law. Government agencies, mass organizations, enterprises, public institutions, social organizations and other organizations shall fulfill their obligations to accept and resettle military spouses in accordance with the law. Family members of officers and sergeants who accompany the troops with the approval of the political work department of a military unit at or above the regimental level shall have their household registration formalities handled by the public security organ in the place where the troops are stationed.
If the spouse of a soldier worked in a government agency or public institution before joining the army, the local people's government and its competent department shall arrange for him/her to work in the corresponding work unit in accordance with relevant national regulations. Among them, if he/she was a civil servant before joining the army, he/she shall be transferred and assigned to the corresponding position of the government agency in principle within the prescribed staffing limit and number of posts, taking into account the actual situation of the local area and the family members of the accompanying soldiers; if he/she was a staff member of a public institution before joining the army, he/she shall be transferred and assigned to the corresponding position of the public institution in principle within the prescribed staffing limit and number of posts, taking into account the actual situation of the local area and the family members of the accompanying soldiers. After mutual selection by the individual and the receiving unit, he/she may also be assigned to suitable positions in other units in accordance with regulations.
If the spouse of a soldier worked in other units before joining the army or has no job but has the ability and willingness to work, the people's government of the resettlement area shall provide employment services such as career guidance, job introduction, and vocational training, and implement relevant support policies in accordance with regulations to help them find employment.
The local people's government shall give priority to arranging employment for the families of martyrs, families of servicemen who died in the line of duty, and spouses of servicemen who meet the prescribed conditions. When officers and sergeants who meet the conditions retire from active service, their spouses and children may be transferred and relocated with them in accordance with relevant national regulations.
Article 47 The state encourages employers with labor needs to give priority to arranging employment for dependents of military personnel. When recruiting new employees, state-owned enterprises shall employ dependents of military personnel in an appropriate proportion to the labor demand; private enterprises with conditions may employ dependents of military personnel in an appropriate proportion to the labor demand when recruiting new employees.
The state encourages and supports spouses of military personnel who have the conditions and willingness to find employment and start their own businesses, and implements relevant support policies in accordance with regulations.
Article 48 The family members of officers and non-commissioned officers stationed in counties (cities) along the border, desert areas, three types of areas among the remote areas designated by the state, and special, first and second type island units designated by the military who meet the conditions for accompanying the troops but are unable to do so may choose to voluntarily settle in the original place of residence of the soldier or his spouse, or in the place of residence of the soldier's parents or the parents of his spouse, and the local people's government shall properly arrange for them.
Article 49 The dependents of martyrs who followed the army, the dependents of servicemen who died in the line of duty, and the dependents of servicemen who died of illness and who were transferred to local people's governments for resettlement shall enjoy the preferential treatment prescribed by these Regulations and the local people's governments.
Article 50 After retiring from active service, disabled servicemen working in government agencies, mass organizations, enterprises, public institutions and social organizations shall enjoy the same living benefits and medical treatment as the injured workers in their units. Their units shall not dismiss them or terminate their employment contracts or labor contracts because of their disabilities.
Article 51 The State shall adapt to the requirements of the reform and development of the housing security system, gradually improve the preferential housing treatment measures for beneficiaries of pensions and preferential treatment, and appropriately increase preferential treatment for veterans who have participated in wars, the families of martyrs, the families of servicemen who died in the line of duty, and the families of servicemen who died of illness. Relevant departments of local people's governments at or above the county level shall give priority to beneficiaries of pensions and preferential treatment who meet the local housing security conditions and rent or purchase affordable housing. Eligible beneficiaries of pensions and preferential treatment who live in rural areas shall, under the same conditions, be given priority to be included in the scope of relevant rural dilapidated housing renovation projects implemented by the state or local governments.
Article 52 Soldiers with valid certificates such as officer certificates, sergeant certificates, conscript certificates, and student certificates; disabled soldiers with the "Disabled Serviceman Certificate of the People's Republic of China"; and families of martyrs, families of soldiers who died in the line of duty, and families of soldiers who died of illness with preferential certificates, can enjoy priority services such as ticket purchase, security checks, waiting for boarding, and passage when riding on railway passenger trains, ships, long-distance passenger buses, and civil aviation flights operating within the country. Family members traveling with them can enjoy priority services together; disabled soldiers enjoy a 50% reduction in the domestic transport operator's published ticket prices.
Military personnel and disabled military personnel can ride city buses, trams, ferries and rail transit for free with their certificates.
Article 53 Recipients of pensions and preferential treatment shall enjoy preferential treatment and preferential services in accordance with regulations when visiting public cultural facilities such as libraries, museums, art galleries, science and technology museums, memorial halls, stadiums, parks, exhibition halls, scenic spots and historical sites.
Article 54 Military personnel shall enjoy preferential individual income tax policies in accordance with the law. Veterans who engage in self-employment or whose enterprises employ veterans shall enjoy tax incentives in accordance with the law if they meet the conditions.
Chapter V Legal Liability
Article 55 If the military pension and preferential treatment management unit and its staff misappropriate, intercept or embezzle the funds and working funds needed for military pension and preferential treatment, and if a crime is constituted, the relevant responsible persons shall be investigated for criminal responsibility in accordance with the law; if it does not constitute a crime, the relevant responsible persons shall be punished in accordance with the law. The funds and working funds needed for military pension and preferential treatment that have been misappropriated, intercepted or embezzled shall be ordered to be recovered by the retired military affairs department of the people's government at the next higher level and the relevant military departments.
Article 56 Where a military pension and preferential treatment management unit and its staff, or a unit involved in military pension and preferential treatment and its staff commits any of the following acts, their superior competent department shall order them to make corrections; if the circumstances are serious and constitute a crime, the relevant responsible persons shall be investigated for criminal liability in accordance with the law; if it does not constitute a crime, the relevant responsible persons shall be punished in accordance with the law:
(1) approving military pensions and benefits in violation of regulations;
(2) Providing false diagnoses, appraisals or certificates in the examination and approval of military pensions;
(3) Failure to approve or grant pensions, subsidies or preferential treatment funds in accordance with the prescribed standards, amounts or recipients;
(4) Using one's power to seek personal gain in the work of military pensions and preferential treatment;
(5) Any other conduct that violates laws and regulations.
Article 57 If an organization that has the obligation to give preferential treatment to military personnel fails to perform its preferential treatment obligations, the competent department of veterans affairs of the local people's government at or above the county level shall order it to perform its obligations within a time limit; if it still fails to perform its obligations after the time limit, it shall be fined not less than RMB 20,000 but not more than RMB 50,000; the directly responsible supervisors and other directly responsible personnel shall be punished according to law. If the recipients of pensions and preferential treatment suffer losses due to failure to perform preferential treatment obligations, they shall bear compensation liability according to law.
Article 58 Where the beneficiaries of pensions and other persons have any of the following acts, the competent departments for veterans affairs of the local people's government at or above the county level and the relevant military departments shall cancel the relevant benefits, recover the illegal gains, and shall be punished by their units or relevant departments in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law:
(1) Falsely claiming pensions, subsidies, or preferential treatment allowances;
(2) Fabricating information about disability, injury, or illness to defraud medical expenses or other related pensions and preferential treatment;
(3) issuing false certificates, forging documents or seals to defraud pensions, subsidies or preferential treatment;
(4) Other acts of fraud to obtain pensions, relief or preferential treatment.
Article 59: When a recipient of pension or preferential treatment is sentenced to fixed-term imprisonment, deprived of political rights or is wanted, the payment of pension or subsidy shall be suspended; if he is sentenced to death, life imprisonment or expelled from the military, his pension or preferential treatment qualification shall be revoked.
If the recipients of pensions and preferential treatment are in the circumstances specified in the preceding paragraph, the veterans affairs department of the provincial people's government shall suspend or cancel their pension and preferential treatment in accordance with relevant national regulations, and report this to the veterans affairs department of the State Council for record.
Chapter VI Supplementary Provisions
Article 60 These Regulations apply to the Chinese People's Armed Police Force.
Article 61 The pensions and preferential treatment for retired military cadres and retired sergeants shall be implemented in accordance with the provisions of these Regulations on pensions and preferential treatment for military personnel.
The provisions of these Regulations concerning retired soldiers who participated in the war shall apply to retired soldiers who participated in the test.
The pensions for reservists, militiamen, civilian workers and other personnel who are killed or injured while participating in war or non-war military operations, military training and performing military duties shall be handled in accordance with the relevant provisions of these Regulations.
Article 62 The state shall, in accordance with the provisions, provide regular living allowances to eligible veterans who have participated in wars, veterans who have returned home with illness, rural veterans who are 60 years of age or older, persons who enlisted before October 31, 1954 and were approved to retire from active service, and children of martyrs who are 60 years of age or older and live in rural and urban areas without an employer and who were 18 years of age or older when the state established a regular pension system.
After the death of a war veteran who enjoys regular living allowance from the state, his original regular living allowance will continue to be paid for 6 months as funeral allowance.
Article 63 Active-duty military personnel who are converted to civilian personnel during the period of deepening national defense and military reform shall be treated in accordance with the provisions of these Regulations on military pensions and preferential treatment.
The pensions and preferential treatment for other civilian personnel who are injured or killed while performing support and guarantee tasks in combat and military operations with a combat background, participating in non-war military operations, and in military training approved by army-level and above units and included in military training plans shall be handled in accordance with the relevant provisions of these Regulations.
Article 64 This Regulation shall come into force on October 1, 2024.
Editor: Xin Jing