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Chapter I General Provisions
Chapter II Reserve Military Ranks
Chapter III Selection and Supplement
Chapter IV Education, Training and Promotion Appointment
Chapter V Daily Management
Chapter VI Conscription
Chapter VII Protection of Treatment
Chapter VIII Withdrawal from Reserve Service
Chapter IX Legal Liability
Chapter X Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated in accordance with the Constitution, the National Defense Law of the People's Republic of China and the Military Service Law of the People's Republic of China for the purpose of improving the system of reserve personnel, standardizing the management of reservists, safeguarding the legitimate rights and interests of reservists, ensuring that reservists effectively perform their duties and missions, and strengthening the construction of national defense forces.
Article 2 "reservists" as mentioned in this Law refer to citizens who perform military service obligations in accordance with the law and are pre-staffed into active service units of the Chinese People's Liberation Army or assigned to the reserve forces of the Chinese People's Liberation Army.
The reserve personnel are divided into reserve officers and reserve soldiers. Reserve soldiers are divided into reserve sergeants and reservists.
Reservists are members of the national armed forces and are an important source of replenishment of soldiers of active forces in wartime.
Article 3 The work of reserve personnel shall adhere to the leadership of the Communist Party of China, implement Xi Jinping's thought of strengthening the army, adhere to the overall national security concept, implement the military strategic policy of the new era, take military needs as the traction, take preparation for war as the point, and take quality construction as the focus, and improve the ability of the reservists to perform their mission and tasks. Level.
Article 4 Reserve personnel must obey orders, strictly abide by discipline, be brave and tenacious, not afraid of sacrifice, participate in political education and military training, undertake combat readiness duties, perform non-war military operations in accordance with regulations, and be ready to be called up to participate in the war and defend the motherland at any time.
The state protects the status and rights and interests of reserve personnel in accordance with the law. Reservists enjoy the honor and treatment corresponding to the performance of their duties.
Article 5 The Central Military Commission shall lead the work of reserve personnel.
The political work department of the Central Military Commission is responsible for organizing and guiding the management of reserve personnel, the National Defense Mobilization Department of the Central Military Commission is responsible for organizing the formation, mobilization and collection of reserve personnel, and other departments of the Central Military Commission are responsible for the relevant work of reserve personnel according to the division of responsibilities.
State organs of the Central Committee, local people's governments at or above the county level and military organs at the same level shall do a good job in the relevant work of reserve personnel according to the division of duties.
The troops with reserve personnel (hereinafter referred to as the troops) are responsible for the political education, military training, tasks and related selection and supplementation of their reserve personnel, daily management, withdrawal from the reserve personnel, etc.
Article 6 Local people's governments at or above the county level and relevant military organs shall convene joint military and local meetings according to the needs of the work of reserve personnel to coordinate and solve relevant problems.
Local people's governments at or above the county level and military organs at the same level shall take the work of reserve personnel as the content of supporting the army and benefiting the family, supporting the government and caring for the people, and the assessment and evaluation of relevant units and their persons in charge.
Article 7 State organs, organizations, enterprises, institutions, township people's governments and subdistrict offices shall support reserve personnel in performing their reserve duties and assist in the work of reserve personnel.
Article 8 The State shall strengthen the construction of informatization of the work of reserve personnel.
The political work department of the Central Military Commission, together with the central state organs and relevant departments of the Central Military Commission, makes overall plans for the construction, maintenance, application and information security management of information and data systems.
Relevant departments, units and individuals shall keep state secrets, military secrets, personal privacy and personal information known in the work of reserve personnel, and shall not disclose them or illegally provide them to others.
Article 9 The work requirements of reserve personnel shall be included in the central and local budgets in accordance with the principle of the division of financial power and expenditure responsibilities.
Article 10 Reservists who make outstanding contributions to the performance of reserve duties shall be commended and rewarded in accordance with the relevant regulations of the state and the armed forces.
Organizations and individuals who make outstanding contributions to the work of reserve personnel shall be commended and rewarded in accordance with the relevant regulations of the state and the army.
Chapter II Reserve Military Ranks
Article 11 The State implements a reserve military rank system.
The reserve rank is a title and symbol that distinguishes the level of reservists and indicates the status of reservists. It is the status and honor given to the reservists by the Party and the state.
Article 12 Reserve military ranks are divided into reserve officer ranks, reserve non-commissioned officers and reserve ranks.
The ranks of reserve officers are divided into two and seven ranks:
(1) Reserve officers: reserve colonels, colonels, lieutenant colonels and majors;
(2) Reserve officers: reserve captain, lieutenant, second lieutenant.
The ranks of reserve non-commissioned officers are divided into three and seven ranks:
(1) Reserve senior non-commissioned officers: reserve first-class non-commissioned officer, second-class non-commissioned officer and third-class non-commissioned officer;
(2) Reserve intermediate non-commissioned officers: reserve first-class sergeant and second-class sergeant;
(3) Reserve junior sergeant: reserve sergeant and corporal.
The ranks of reserve soldiers are divided into two ranks: reserve superiors and privates.
Article 13 Reserve military ranks shall be divided into categories according to service types, and the name of the service shall be preceded by the reserve military rank.
Reserve officers are divided into reserve command and management officers and reserve professional and technical officers, and are awarded the ranks of reserve command and management officers and reserve professional and technical officers respectively.
The patterns and wearing methods of reserve military ranks are stipulated by the Central Military Commission.
Article 14 The award and promotion of reserve military ranks shall be based on the position of reserve personnel, moral and talent performance, service time and contributions. The specific measures shall be formulated by the Central Military Commission.
Article 15 If a reserve officer withdraws from reserve service, his reserve military rank shall be retained and "retired" before his or her military rank.
Article 16 Reservists who violate military discipline may be reduced to the rank of reserve service in accordance with the relevant provisions of the Central Military Commission.
If the status of a reservant is revoked in accordance with the provisions of this Law, his reserve rank shall be revoked accordingly; if a reserve officer commits a crime or commits a crime after withdrawing from reserve service and is sentenced to deprivation of political rights or imprisonment of not less than fixed-term imprisonment according to law, he shall be deprived of his reserve military rank.
The authority to approve the cancellation or deprivation of reserve military ranks is the same as the authority to approve the granting of the corresponding reserve ranks.
Chapter III Selection and Supplement
Article 17 Reserve personnel shall meet the following conditions:
(1) Loyal to the motherland, the Communist Party of China, support the socialist system, love the people, and love national defense and the army;
(2) Abide by the Constitution and laws, and have good political quality and moral conduct;
(3) At least 18 years old;
(4) Have the physical and psychological qualities to perform their duties;
(5) Have the cultural level and working ability required by the position;
(6) Other conditions stipulated by laws and regulations.
Article 18 Reservists are mainly selected and supplemented from veterans and professional, technical talents and professional skilled personnel who meet the conditions for reserve service and have been registered for reserve service.
The registration of reserve service shall be carried out in accordance with the relevant provisions of the Military Service Law of the People's Republic of China.
Article 19 The supplementary plan for the selection of reserve personnel shall be determined by the Central Military Commission. The relevant departments of the Central Military Commission shall, in conjunction with the relevant central state organs, guide the military service organs of the army and local people's governments at or above the county level.
Article 20 The army shall, in accordance with the prescribed standard conditions, select and determine reserve personnel in conjunction with the military service organs of the local people's governments at or above the county level.
The duration of reserve personnel in reserve service shall be calculated from the date of approval of reserve service.
Article 21 The military service organs of the local people's governments at or above the county level shall provide the army with the registration information of the reserve service of citizens in their respective administrative regions in a timely and accurate manner, organize the political assessment, physical examination and other work of the selection and supplementary objects of reserve personnel, and go through the relevant formalities for entry into service.
Article 22 State organs, organizations, enterprises, institutions, township people's governments and subdistrict offices shall, in accordance with the needs of the army and the arrangements of the military service organs of the people's governments of counties, autonomous counties, cities not divided into districts and municipal districts, organize and recommend qualified personnel of their own units and administrative regions to participate in the selection and supplementation of reserve personnel. .
The recommended personnel shall participate in the selection and supplementation of reserve personnel in accordance with the regulations.
Article 23 The army shall, in accordance with the regulations, grant reserve ranks and appointment positions to the selected and supplementary reserve personnel.
Chapter IV Education, Training and Promotion Appointment
Article 24 The education and training of reserve personnel shall adhere to the combination of college education, training practice and vocational training, and shall be incorporated into the education and training system of the state and the army.
The units to which the army and the reservists belong shall carry out education and training for reserve personnel in accordance with relevant regulations.
Article 25 Before being awarded and promoted to reserve ranks and appointed positions, reserve personnel shall receive corresponding education and training according to needs.
Article 26 Reserve personnel shall participate in military training in accordance with regulations and meet the training requirements stipulated in the military training syllabus.
The annual military training time shall be determined by the military organs at or above the war zone level as necessary.
The Central Military Commission may decide to carry out temporary combat training for reserve personnel, who must receive temporary combat training as required.
Article 27 During the period of reserve service, reservists shall participate in vocational training in accordance with regulations to improve their ability to perform reserve duties.
Article 28 Reservists shall be assessed. The assessment work shall be organized and carried out by the army in accordance with the regulations, and the assessment results shall be used as the basis for the promotion of reserve military ranks, appointment, salary adjustment, rewards and punishment, etc.
The assessment results of reserve personnel shall be notified to themselves and the military service organs of the people's governments of the counties, autonomous counties, cities not divided into districts and municipal districts where they are registered for reserve service, and shall be used as one of the basis for adjusting their positions, positions, grades, grades, wages and evaluation professional titles.
Article 29 Reservists who perform well and meet the conditions may be promoted to reserve ranks and appoint corresponding positions in the army in accordance with regulations.
After the expiration of the prescribed period of reserve service, according to the needs of the army and on their own voluntariness, they can be elected to be replaced as a reserve sergeant.
The approval authority for the appointment of reserve personnel shall be stipulated by the Central Military Commission.
Chapter V Daily Management
Article 30 Reservists who change their units, move, go abroad (border), suffer from serious diseases, physical disabilities and other important matters, as well as changes in contact information, they shall report to the army in a timely manner.
If the reserve personnel have the circumstances stipulated in the preceding paragraph or seriously violate discipline, violate the law, disappear or die, the unit to which the reserve personnel belong, the township people's government and subdistrict office shall promptly report to the military service organ of the people's government of the county, autonomous county, city not divided into district or municipal district.
The army shall establish a mutual notification system with the military service organs of the people's governments of counties, autonomous counties, cities not divided into districts and municipal districts to accurately grasp the dynamic situation of reserve personnel.
Article 31 If a reserve personnel needs to change the place of registration for reserve service due to relocation and other reasons, the military service organ of the people's government of the relevant county, autonomous county, city not divided into district or municipal district shall change its reserve registration information in time.
Article 32 If a reservist participates in military training, undertakes combat readiness duties, performs tasks of non-war military operations, etc., the army shall notify them, and notify the military service organs of the people's governments of the units to which they belong and the counties, autonomous counties, cities not divided into districts and municipal districts where they belong.
Reservists shall be summoned to undertake combat readiness duties and perform non-war military operations with the approval of military organs at or above the war zone level.
The units to which the reserve personnel belong, the military service organs of the people's governments of counties, autonomous counties, cities not divided into districts and municipal districts where reserve personnel are registered shall assist in summoning reserve personnel.
The reservists shall report to the designated place according to the time specified in the convening.
Article 33 During the period when reserve personnel participate in military training, undertake combat readiness duties, and perform tasks of non-war military operations, they shall be managed by the army in accordance with the relevant provisions of the army.
Article 34 Reservists shall wear reserve clothing and wear reserve signs in accordance with the relevant regulations of the army.
No unit or individual may illegally produce, buy or sell reserve clothing and reserve logo clothing.
Article 35 Reservists shall implement the relevant provisions of the army's combat readiness work and be well prepared to carry out their duties.
Chapter VI Conscription
Article 36 After the State issues a mobilization order or the State Council and the Central Military Commission take necessary national defense mobilization measures in accordance with the law, the army shall, by order of its superiors, promptly issue a recruitment notice to the conscripted reserve personnel and notify the people of the counties, autonomous counties, cities not divided into districts and municipal districts where their reserves are registered. The military service organs and units of the civil government.
After receiving the call-up notice, the reserve personnel must report to the designated place at the specified time as required. After the State issues the mobilization order, reserve personnel who have not received the call-call notice shall not leave the reserve service registration place without the approval of the army and the military service organ in the place of reserve registration; if they have left, they shall immediately return or standby in place.
Article 37 The military service organs of the people's governments of counties, autonomous counties, cities not divided into districts and municipal districts where reserve service is registered, the units to which the reserve personnel belong, township people's governments and subdistrict offices shall urge the reservists to respond to the recruitment, provide necessary support and assistance for the recruitment of reserve personnel, and help solve difficulties. Protect the legitimate rights and interests of reserve personnel.
Units and individuals engaged in transportation shall give priority to the transportation of conscripted reserve personnel.
If the reservists are unable to carry out litigation, administrative reconsideration and arbitration activities normally due to recruitment, the provisions on the suspension of the statute of limitations and the suspension of procedures shall apply, unless otherwise provided by law.
Article 38 Under any of the following circumstances, the recruitment of reserve personnel may be suspended after verification by the military service organ of the people's government of the county, autonomous county, city not divided into district or municipal district in the place where the reserve service is registered, and with the approval of the army:
(1) Suffering from a serious illness is temporarily unable to perform reserve duties during the period of treatment;
(2) Family members cannot take care of their own lives, and they are the sole guardians, supporters, dependants, or major changes in the family must be handled by themselves;
(3) Female reserve personnel during pregnancy, maternity leave and breastfeeding;
(4) Suspected of serious official violations or official crimes are being investigated by supervisory organs, or suspected crimes are being investigated, prosecuted or tried;
(5) Other circumstances stipulated by laws and regulations.
Article 39 Reservists who are called up shall be transferred to active service in accordance with the relevant provisions of the army.
If a reserve personnel are transferred to active service, the military service organs of the people's governments of the county, autonomous counties, cities not divided into districts and municipal districts shall go through the formalities for admission. If the reserve personnel are transferred to active service, they shall be assigned the corresponding military ranks, appointed to the corresponding positions in accordance with the relevant regulations, and perform the duties of soldiers.
Article 40 After the lifting of national defense mobilization by the State, if soldiers transferred from reserve personnel to active service need to be discharged from active service, they shall be properly placed by the people's governments at all levels in accordance with the relevant provisions on the discharge of military personnel from active service. If the conscripted reserve personnel are not transferred to active service, the army shall arrange for their return and notify the military service organs and units of the people's governments of counties, autonomous counties, cities not divided into districts, and municipal districts where they are registered for reserve service.
Chapter VII Protection of Treatment
Article 41 The State shall establish a subsidy system for reserve personnel that combines incentives and compensation.
Reservists are entitled to service allowance in accordance with the regulations; during the period of participating in war, participating in military training, taking on combat readiness duties, and performing tasks in non-war military operations, they shall be entitled to mission allowance in accordance with the regulations.
During the period when reserve personnel participate in war, participate in military training, undertake combat readiness duties, and carry out tasks of non-war military operations, they shall enjoy corresponding subsidies and subsidies such as food and transportation in accordance with regulations. Among them, if the reserve personnel are staff of organs, organizations, enterprises and institutions, the unit to which they belong shall maintain their original wages and bonuses. Benefits such as welfare and insurance.
The standard of allowance for reserve personnel and its adjustment shall be stipulated by the Central Military Commission.
Article 42 Reservists shall enjoy the same medical treatment as soldiers when participating in the war. During the period of participating in military training, taking on combat readiness duties, and carrying out tasks of non-war military operations, they shall enjoy corresponding medical treatment from the state and the army in accordance with the regulations.
Military medical institutions shall provide priority medical treatment services for reserve personnel in accordance with the regulations.
Article 43 During the period when reserve personnel participate in military training, undertake combat readiness duties, and perform non-war military operations tasks, the army shall purchase personal accident insurance for them.
Article 44 During the period when reserve personnel participate in war, participate in military training, undertake combat readiness duties, and perform non-war military operations, their families have serious difficulties in their basic life due to natural disasters, accidents, major diseases and other reasons, the local people's governments and troops shall provide relief and comfort in accordance with relevant regulations. Ask.
The State encourages and supports people's organizations, enterprises, institutions, social organizations and other organizations, as well as individuals, to provide assistance services to the families of reserve personnel in need.
Article 45 The unit to which the reserve personnel belong shall not dismiss, dismiss or terminate the labor relationship, remove his post, reduce treatment or punish the reserve personnel because they perform their reserve duties.
Article 46 The units to which the reserve personnel belong shall enjoy preferential policies and support in accordance with the relevant regulations of the State.
Reserve personnel who establish small and micro enterprises, engage in self-employment and other activities can enjoy preferential financing policies in accordance with the relevant regulations of the State.
Article 47 Reserve personnel shall enjoy preferential treatment in accordance with the regulations.
Reservists who suffer casualties as a result of participating in war, participating in military training, taking on combat readiness duties, or performing tasks of non-war military operations shall be given a pension by the local people's government at or above the county level in accordance with the relevant regulations of the State.
Article 48 When a reservant is conferred or promoted to a reserve military rank, receives honors of merit, and withdraws from reserve service, the army shall hold a ceremony.
Article 49 The lawful rights and interests of female reserve personnel shall be protected by law. The army shall reasonably arrange the positions and tasks of female reservists according to the characteristics of female reservists.
Article 50 After withdrawing from the reserve, the reserve shall enjoy corresponding honors and treatment in accordance with the regulations.
Chapter VIII Withdrawal from Reserve Service
Article 51 The minimum period for reserve officers and non-commissioned officers to perform reserve service at the rank is four years.
Reserve officers and reserve officers who have not completed the minimum period of their reserve rank shall not apply for withdrawal from reserve service; if they have reached the minimum period, I may withdraw from reserve service upon application and approval.
The reserve service period is four years, of which the reserve army and the upper class are each for two years. Reserve soldiers who have served reserve service for less than four years shall not apply for withdrawal from reserve service. If a reserve soldier has not been elected as a reserve sergeant after four years of reserve service, he shall withdraw from the reserve service.
Article 52 If a reserve officer reaches the maximum age of reserve service, he shall withdraw from the reserve service. The maximum age of reserve personnel in reserve service:
(1) Reserve command and management officers: 45 years old for reserve lieutenants and 60 years old for reserve officers;
(2) Reserve professional and technical officers: 50 years old for reserve officers and 60 years old for reserve officers;
(3) Reserve sergeant: reserve corporal, sergeant and second-class sergeant are all 45 years old, and reserve first-class sergeant, third-level sergeant, second-class sergeant commander and first-class sergeant are all fifty-five years old;
(4) The reserve is 30 years old.
Article 53 Reserve officers and non-commissioned officers who have not completed the minimum age of their respective ranks or the highest age, and the reserve officers have not reached the prescribed years or have not reached the maximum age for reserve service. Under any of the following circumstances, they shall be arranged to withdraw from reserve service:
(1) Being recruited or selected to perform active service;
(2) It is necessary to withdraw due to the adjustment and reform of the military system or the optimization of the reserve structure of the reserve personnel;
(3) It is not suitable to continue to perform reserve service due to the change of unit or post to which he belongs;
(4) Unable to perform reserve duties due to injury, illness and disability;
(5) Other circumstances stipulated by laws and regulations.
Article 54 Reserve officers and non-commissioned officers who have completed the minimum age or reached the maximum age of reserve service, and the reserve officers have completed the prescribed number of years or reached the maximum age for reserve service. Under any of the following circumstances, they shall not withdraw from reserve service:
(1) When the State issues a mobilization order or the State Council and the Central Military Commission take national defense mobilization measures in accordance with the law;
(2) Participating in the war or assuming combat readiness duties and carrying out non-war military operations;
(3) Suspected violations of military discipline are under examination or investigation and have not yet reached a conclusion;
(4) Other circumstances stipulated by laws and regulations.
If the circumstances specified in the preceding paragraph disappear, the reserve personnel may apply and withdraw from the reserve after approval.
Article 55 Reservists shall be disqualified under any of the following circumstances:
(1) If reserve officers and reserve sergeants have not completed the minimum number of years of reserve service, and the required withdrawal from reserve service in advance, and I still insist on withdrawing from reserve service after education;
(2) Incompetent in the military assessment for two consecutive years;
(3) Being investigated for criminal responsibility for a crime;
(4) Other circumstances stipulated by laws and regulations.
Article 56 The withdrawal time of reserve personnel from reserve service shall be the date of issuance of the order to withdraw from reserve service.
Article 57 The authority to approve the withdrawal of reserve personnel from the reserve shall be the same as the authority to approve the promotion of the corresponding reserve ranks.
Chapter IX Legal Liability
Article 58 If a citizen registered for reserve service refuses or evades the selection and supplement of the personnel participating in the reserve, and the reserve personnel refuse or evades to participate in military training, undertake combat readiness duties, perform non-war military operations tasks and recruitment, the people's government at the county level shall order them to make corrections within a time limit; if they fail to change within the time limit, the people at the county level shall The government forces him to perform his military service obligations and imposes a fine; if he belongs to a public official, he shall also be punished according to law.
If the reserve personnel commit the acts specified in the preceding paragraph, the troops shall stop their relevant treatment in accordance with the relevant provisions.
Article 59 Any reservist who violates discipline during the period of participating in war, participating in military training, taking on combat readiness duties, or performing tasks of non-war military operations shall be punished by the army in accordance with relevant provisions.
Article 60 State organs, their staff, military units and their personnel abuse their power, neglect their duties, engage in malpractices for personal gain in the work of reserve personnel, or commit other acts in violation of the provisions of this Law, the unit to which they belong, the competent department or the organ at a higher level shall order them to make corrections; the leaders who are responsible and direct Those responsible shall be punished in accordance with the law.
Article 61 If an organ, organization, enterprise or institution refuses to complete the work tasks of the reserve personnel stipulated in this Law, obstructs citizens from performing the duties of reserve service, or commits other acts that hinder the work of the reserve personnel, the local people's government at or above the county level shall order him to make corrections and may also impose a fine; if it is responsible Leaders and those directly responsible shall be punished and punished according to law.
Whoever illegally produces or trades reserve clothing and reserve logo clothing shall be punished according to law.
Article 62 Anyone who violates the provisions of this Law and constitutes a crime shall be investigated for criminal responsibility according to law.
Article 63 The punishment stipulated in Articles 58 and the first paragraph of Article 61 of this Law shall be found out by the military service organ of the local people's government at or above the county level in conjunction with the relevant departments. After the local people's government at the same level makes a decision on punishment, the military service organ and relevant departments of the local people's government at or above the county level shall divide their respective functions and duties. Execution.
Chapter X Supplementary Provisions
Article 64 This Law shall apply to personnel discharged from active service of the Chinese People's Armed Police Force who perform reserve service.
Article 65 This Law shall come into force as of March 1, 2023. The Law of the People's Republic of China on Reserve Officers shall be repealed at the same time.
Editor: Ding Xianyang
Editor-in-Chief: Liu Jingbo