Law of the People’s Republic of China on the Protection of the Status, Rights, and Interests of Servicepersons

Updated: 2021-06-10

Chapter IV Guarantee of Benefits

Article 33 The state shall establish a system for guaranteeing benefits for servicepersons to ensure that servicepersons are enabled to perform their duties and missions and to guarantee the lives of servicepersons and their families.

The guarantee of benefits shall be weighted toward servicepersons performing combat missions and major non-war military operations tasks, as well as those working in remote regions, regions under tough conditions, or special positions.

Article 34 The state shall establish an independent, distinctive, and comparatively advantageous pay systems for servicepersons: a salary system for officers and non-commissioned officers, and a supply system of benefits for conscripts. Servicepersons shall enjoy preferential policies on individual income tax.

The state shall establish a regular pay increase mechanism for servicepersons.

The pay structure and standards for servicepersons and the way they are adjusted shall be prescribed by the Central Military Commission.

Article 35 The state shall guarantee housing for servicepersons by combining military support, government support and market allocation, and by using both the provision of physical housing and the allocation of housing subsidies.

Eligible servicepersons shall be entitled to military apartments or government-subsidized housing. The state establishes a sound housing provident fund system and housing subsidy system for servicepersons. Eligible servicepersons shall enjoy the state's preferential policy support when purchasing houses.

Article 36 The state guarantees free medical treatment, disease prevention, convalescence and rehabilitation for servicepersons in accordance with regulations.

Eligible medical expenses incurred by servicepersons at local civilian medical institutions shall be covered by the military.

Article 37 The state shall implement an insurance system for servicepersons that reflects the features of military service and is coordinated with the social insurance system, and shall supplement the insurance program for servicepersons as called for, to guarantee insurance benefits for servicepersons.

The state encourages and supports commercial insurers to provide exclusive insurance schemes for servicepersons and their families.

Article 38 Servicepersons are entitled to annual leave, family visiting leave, and other leaves or vacations. Financial compensation should be given to servicepersons who do not take leave or do not take full leave due to work requirements.

Military spouses and military children who live away from servicepersons may visit the servicepersons in their military units. Where military spouses visit servicepersons in military units, the employers of the said spouses shall grant leave and guarantee the corresponding pay in accordance with regulations, and shall not lay off or dismiss them or terminate employment on account of such visits. Travel expenses for such visits incurred by eligible military spouses, minor children or adult children who cannot support themselves shall be covered by the servicepersons' military units.

Article 39 The state establishes a sound education and training system for servicepersons to guarantee their right to education, organizes general and specialized training and supports the servicepersons to attend such training, and improves their ability to perform their duties and to start a career after leaving active service.

Article 40 The lawful rights and interests of servicewomen are protected by law. The military shall reasonably arrange the work tasks, rest and leave of servicewomen based on their characteristics, and provide special maternity and health protection for servicewomen.

Article 41 The state provides special protection for the marriage of servicepersons and prohibits any act that undermine the marriage of servicepersons.

Article 42 The officers' and eligible non-commission officers' spouses, minor children, and adult children who cannot support themselves may apply for household registration in the place where the officers and non-commission officers are in active service. Eligible servicepersons' parents may, in accordance with regulations, apply for household registration in the place where their children are in active service. Children whose parents are both eligible servicepersons may apply for household registration in either of the places where their parents are in active service.

Where servicepersons' location of active service is changed, their military dependents who live with them may transfer their household registration to the new location or to the household registration places of the servicepersons or their spouses, or to the household registration places of the parents of the servicepersons or the parents of their spouses.

Relevant departments of local people's governments and military units shall process the applications for household registration by family members of servicepersons with efficiency and in a timely manner.

Article 43 The state guarantees the administration of the household registrations of servicepersons and their military dependents and protects the rights and interests therefrom.

Citizens shall retain their household registration despite enlistment in the military.

Eligible servicepersons shall enjoy the same rights and interests in terms of education, elderly care, medical care, and housing as registered populations in the places where they are in active service.

Measures for administering household registrations of servicepersons and protecting the rights and interests therefrom shall be prescribed by the State Council and the Central Military Commission.

Article 44 The state shall, in accordance with relevant provisions of laws and regulations on support for veterans, resettle veterans that have been discharged from active duty on conditions other than dishonorable, and provide preferential treatment for them in accordance with the law.

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