(Adopted at the 38th Meeting of the Standing Committee of the Thirteenth National People's Congress on December 30, 2022)

Contents

Chapter I General Provisions

Chapter II Military Ranks of Reservists

Chapter III Selection and Replenishment

Chapter IV Education, Training, Promotion and Appointment

Chapter V Daily Management

Chapter VI Call-out to Deployment

Chapter VII Benefits and Support

Chapter VIII Retirement

Chapter IX Legal Liability

Chapter X Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is enacted in accordance with the Constitution, the Law of the People's Republic of China on National Defense, and the Military Service Law of the People's Republic of China for the purposes of establishing a sound system for reservists, standardizing the management of reservists, protecting their legitimate rights and interests, safeguarding their effective performance of reservist duties and missions, and strengthening the national defense forces.

Article 2 For the purpose of this law, the term "reservist" shall refer to a citizen performing his obligation of military service in accordance with law who has been pre-assigned to an active unit of the Chinese People's Liberation Army or assigned to a reserve unit of the Chinese People's Liberation Army for reserve service.

Reservists shall be classified as reserve officers and reserve enlistees, the latter of which can be further classified into reserve non-commissioned officers and reserve soldiers.

Reservists are an important part of the national armed forces and one of the major sources to replenish active members in wartime.

Article 3 The administration of reservists shall be done under the leadership of the Communist Party of China, by following Xi Jinping's thinking on strengthening the military, with a holistic approach to national security, and by following the military strategic guidelines for the new era. Such work shall be based on military needs, oriented towards combat-readiness, focusing on quality construction, with a view to promoting reservists' capability and performance in fulfilling their duties.

Article 4 A reservist shall obey orders, strictly observe discipline, and act bravely and tenaciously without fear of sacrifice. He shall, in accordance with regulations, participate in political education and military training, as well as perform duties of combat readiness and non-war military operations. A reservist shall be ready at all times to be enrolled in active service and defend the motherland.

The state shall protect the status, rights and interests of reservists in accordance with law. A reservist is entitled to honor and benefits commensurate with the duties he performs.

Article 5 The administration of reservists shall be led by the Central Military Commission.

The Political Work Department of the Central Military Commission shall be responsible for organizing and directing the management of reservists. The National Defense Mobilization Department of the Central Military Commission shall be responsible for organizing the formation, mobilization and recruitment of reservists and other relevant work. Other departments of the Central Military Commission shall be responsible for the part of the work related to reservists according to the division of their responsibilities.

Central state organs, local people's governments at or above the county level, and military organs at the corresponding levels shall conduct the work related to reservists in accordance with the division of their responsibilities.

A military unit with reservists (hereinafter referred to as the "unit") shall be responsible for its reservists' political education, military training, execution of military operations, as well as their selection and replenishment, daily management and retirement.

Article 6 Local people's governments at or above the county level and relevant military organs shall, based on their needs for the administration of reservists, convene military-civilian joint meetings to coordinate and address relevant issues.

Local people's governments at or above the county level and military organs at the corresponding levels shall incorporate their performance in the administration of reservists into the appraisal on "supporting the armed forces and giving preferential treatment to the families of servicepersons and martyrs" and "supporting the government and cherishing the people". Such performance shall also be included in the assessment and performance evaluation of the relevant entities and their persons-in-charge.

Article 7 State organs, public organizations, enterprises and institutions, people's governments of towns and townships, and sub-district offices shall support reservists in performing their reserve duties and provide coordination to the administration of reservists.

Article 8 The state shall promote informatization in the administration work of reservists.

The Political Work Department of the Central Military Commission shall, in conjunction with central state organs and other departments of the Central Military Commission, coordinate the construction, maintenance, operation and information security management of the data system.

Departments, entities and individuals concerned shall protect state secrets, military secrets, personal privacy and personal information that they come to know in the process of handling the administration work of reservists, and may not disclose or illegally provide them to others.

Article 9 The funds needed for the administration of reservists shall be included in the budgets of the central and local governments, under the principle of matching functions and powers with spending responsibilities.

Article 10 Reservists who have made prominent contributions in performing their duties shall be commended and awarded in accordance with the relevant regulations of the state and the military.

Organizations and individuals that have made prominent contributions to the administration of reservists shall be commended and awarded in accordance with the relevant regulations of the state and the military.

Chapter II Military Ranks of Reservists

Article 11 The state shall apply a system of military ranks of reservists.

Military ranks of reservists are titles and symbols that distinguish the various levels of reservists and indicate their identities. They also show the statuses and honors granted to reservists by the Party and the state.

Article 12 Military ranks of reservists shall be classified as military ranks of reserve officers, military ranks of reserve non-commissioned officers and military ranks of reserve soldiers.

Military ranks of reserve officers include the following seven ranks under two categories:

(1) Field Grade Reserve Officers: Reserve Senior Colonel, Reserve Colonel, Reserve Lieutenant Colonel, Reserve Major; and

(2) Junior Reserve Officers: Reserve Captain, Reserve First Lieutenant and Reserve Second Lieutenant.

Military ranks of reserve non-commissioned officers include the following seven ranks under three categories:

(1) Senior reserve non-commissioned officers: Reserve Master Sergeant First Class, Reserve Master Sergeant Second Class and Reserve Master Sergeant Third Class;

(2) Intermediate reserve non-commissioned officers: Reserve Sergeant First Class and Reserve Sergeant Second Class; and

(3) Junior reserve non-commissioned officers: Reserve Sergeant and Reserve Corporal.

Military ranks of reserve soldiers include the following two ranks: Reserve Private First Class and Reserve Private Second Class.

Article 13 Military ranks of reservists shall be classified according to their services and preceded by the name of their service.

Reserve officers shall be divided into reserve commanding officers and reserve technical officers, and the military ranks of reserve commanding officers and reserve technical officers shall be conferred on them accordingly.

The patterns of epaulets and insignias for military ranks of reservists and the ways of wearing them shall be prescribed by the Central Military Commission.

Article 14 The conferment and promotion of the military rank of a reservist shall be based on his post and grade, integrity and competence, duration of service, and achievements. The specific measures therefor shall be formulated by the Central Military Commission.

Article 15 Where a reservist retires from service, his military rank shall be preserved but shall be preceded by the word "retired".

Article 16 Any reservist who has violated military discipline may be demoted in his military rank in accordance with the relevant regulations issued by the Central Military Commission.

When an individual has been deprived of his status as a reservist in accordance with the provisions of this law, his military rank shall be rescinded accordingly. If an individual commits a crime during or after retiring from reserve service and is sentenced to deprivation of political rights, fixed-term imprisonment or an even heavier punishment in accordance with law, his military rank shall be deprived accordingly.

The authority for approving the rescission or deprivation of military ranks of reservists shall be the same as that for approving the conferment of the corresponding military ranks of reservists.

Chapter III Selection and Replenishment

Article 17 A reservist shall:

(1) be loyal to the motherland and the Communist Party of China, support the socialist system, love the people, and be devoted to national defense and the military;

(2) observe the Constitution and laws, and have high political commitment and proper moral character;

(3) reach the age of 18;

(4) be physically and mentally fit to perform functions and duties of a reservist;

(5) have the education background and working ability required by a post; and

(6) meet other requirements stipulated by laws and regulations.

Article 18 Reservists shall be selected and replenished mainly from retired military personnel and professional or technical personnel who meet the requirements for reserve service and have been registered for reserve service.

Registration for reserve service shall be conducted in accordance with the relevant provisions of the Military Service Law of the People's Republic of China.

Article 19 Plans for selecting and replenishing reservists shall be determined by the Central Military Commission. The relevant departments of the Central Military Commission, in conjunction with the relevant central state organs, shall give guidance to military units and the military service organs of the local people's governments at or above the county level in implementing such plans.

Article 20 Military units shall, in accordance with the prescribed criteria and requirements, select and designate reservists with the military service organs of the local people's governments at or above the county level.

The time for a reservist's service shall be counted from the date of the approval of his reserve service.

Article 21 The military service organs of the local people's governments at or above the county level shall, in a timely manner, provide military units with accurate information on registration for the reserve service by citizens within their administrative areas, organize political assessment and physical checkups on candidates, and complete procedures for joining the reserve service.

Article 22 State organs, public organizations, enterprises and public institutions, people's governments of townships and towns, and sub-district offices shall, in accordance with the needs of military units and arrangements made by the military service organs of the people's governments of counties, autonomous counties, cities not divided into districts and districts of cities, organize and recommend eligible persons from their entities or administrative areas to participate in the selection and replenishment of the reservists.

The recommended individuals shall participate in the selection and replenishment of reservists in accordance with relevant regulations.

Article 23 Military units shall, in accordance with relevant regulations, confer military ranks on the selected and replenished reservists and appoint them to posts.

Chapter IV Education, Training, Promotion and Appointment

Article 24 Education and training of reservists shall adhere to a combination of institutional education, training practice and vocational training, and shall be incorporated into the educational and training system of the state and the army.

Military units and the entities which employ reservists shall provide education and training for reservists in accordance with relevant regulations.

Article 25 A reservist shall receive corresponding education and training as needed before being conferred on or promoted to a military rank of a reservist or appointed to a post.

Article 26 A reservist shall participate in military training in accordance with relevant regulations and meet the requirements specified in the military training program.

The time for annual military training shall be determined by military organs above the theater level in light of needs.

The Central Military Commission may make decisions on pre-combat training for reservists. Reservists shall participate in such pre-combat training as required.

Article 27 A reservist shall, in accordance with relevant regulations, participate in vocational training within his term of reserve service, so as to improve his ability to perform reserve duties.

Article 28 A reservist shall be appraised. Such appraisal shall be organized and carried out by military units in accordance with the relevant regulations. The results of such appraisal shall serve as the basis for the reservist's promotion in military ranks, post appointment, benefits adjustment, awards or punishments.

The results of the above-mentioned appraisal shall be communicated to the reservist himself, as well as the military service organs of the people's government of the county, autonomous county, city not divided into districts, or district of a city where the said reservist is registered and the entity which employs the reservist. Such results shall serve as the basis for adjusting his post,official position, official rank, grade, salary and professional title.

Article 29 Areservist who performs excellently and meets relevant requirements may, in accordance with relevant regulations, be promoted to a higher military rank and appointed to a corresponding post at a military unit.

A reserve soldier who has completed the prescribed length of reserve service may, upon approval, be selected to become a non-commissioned officer based on the needs of the military unit he is serving with, if he is willing to do so.

The authority for approving the appointment of a reservist to a specific position shall be stipulated by the Central Military Commission.

Chapter V Daily Management

Article 30 A reservist shall, in a timely manner, report to his military unit on any change in contact information or important matters, including a change of employer, relocation to another place, traveling abroad, getting a serious illness or physical disability.

Where a reservist experiences any of the changes specified in the preceding paragraph, or has made a serious violation of discipline or law, disappeared or is deceased, the entity which employs the reservist and the people's government of the township or town or the sub-district office of the area where the reservist is located shall report to the military service organ of the people's government of the county, autonomous county, city not divided into districts, or district of a city in a timely manner.

Military units and the military service organs of the people's governments of counties, autonomous counties, cities not divided into districts, or districts of a city shall establish a mechanism of mutual notification in order to be updated with the accurate situation of the reservists.

Article 31 Where a reservist needs to change the place where he is registered for reserve service due to relocation or other reasons, the military service organ of the people's government of the relevant county, autonomous county, city not divided into districts, or district of a city shall update his information of reserve registration accordingly in a timely manner.

Article 32 Where a reservist is called to participate in military training, perform duties of combat readiness support, or execute missions in non-war military operations, among others, the military unit shall give notification to the reservist, as well as the entity which employs the reservist and the military service organ of the people's government of the county, autonomous county, city not divided into districts, or district of a city where he is registered for reserve service.

Any call for reservists to perform duties of combat readiness support, or execute missions in non-war military operations shall be approved by the military authorities at or above the theater command level.

Entities which employ reservists and the military service organs of the people's governments of counties, autonomous counties, cities not divided into districts, or districts of a city where the reservists are registered for reserve service shall provide assistance in calling up reservists.

Reservists shall report at the designated place by the time specified in the call-out.

Article 33 Where a reservist participates in military training, performs duties of combat readiness support, or executes missions in non-war military operations, among others, he shall be managed by the military unit in accordance with relevant regulations of the military.

Article 34 A reservist shall wear the reserve uniform with reserve insignias, as prescribed by relevant regulations of the military.

No entity or individual may illegally produce, buy or sell reserve uniforms or reserve insignias.

Article 35 A reservist shall follow the relevant rules for combat readiness, and get prepared to execute missions.