Chapter VI Call-out to Deployment

Article 36 After the state issues a mobilization order or the State Council and the Central Military Commission take necessary measures for national defense mobilization in accordance with law, military units shall, at the order of their superiors, give a call-out notice to relevant reservists immediately, and notify the military service organs at 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 and the entities which employ them.

Upon receiving the call-out notice, a reservist shall report at a specified time and place as required. Once the state issues a mobilization order, a reservist who has not received the call-out notice shall not leave the place where he is registered for reserve service without approval by the military unit and the military service organ of the place where he is registered for reserve service. If the reservist has already left the place, he shall return immediately or stand by where he is.

Article 37 The military service organs of the people's governments of counties, autonomous counties, cities not divided into districts, or districts of a city where reservists are registered for reserve service, the entities which employ reservists, the people's governments of the townships or towns, or sub-district offices where reservists are located shall urge reservists to respond to the call-out, provide necessary support and assistance for the call-out, help to solve difficulties, and safeguard the lawful rights and interests of reservists.

Entities or individuals that are engaged in transportation shall give priority to transporting reservists responding to a call-out.

Where a litigation, administrative reconsideration or arbitration is disrupted because a reservist involved should respond to a call-out, the regulations on suspension of limitation periods and procedures shall apply, unless it is otherwise stipulated by law.

Article 38 Where a reservist falls in any of the following circumstances, and such circumstances have been verified by the military service organ of the people's government of the county, autonomous county, city not divided into districts, or district of the city where the reservist is registered for reserve service, his response to a call-out may be postponed with the approval of his military unit:

(1) when a reservist is unable to perform reserve duties for the time being because of receiving medical treatment for a serious illness;

(2) when a family member for whom the reservist is the sole guardian, supporter, or fosterer, is unable to take care of himself, or there is a significant change or accident that hits the family of the reservist that must be handled by the reservist himself;

(3) when a female reservist is pregnant, taking maternity leave, or in breastfeeding period;

(4) when a reservist is being investigated by a supervisory organ because he is suspected of serious duty-related violation of laws or a duty-related crime, or is going through criminal investigation, prosecution or trial on a suspected crime; or

(5) when there are other circumstances specified by laws and regulations.

Article 39 A reservist responding to a call-out shall be transferred to active service in accordance with relevant regulations of the military.

Where a reservist is transferred to active service, 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, shall handle and complete relevant procedures for joining active service. A reservist transferred to active service shall be assigned accordingly a military rank and appointed to a position of duty in accordance with relevant regulations to fulfill his duties.

Article 40 Where a service member who is transferred from the reserve to active service needs to retire from active service after the state lifts national defense mobilization, the people's governments at all levels shall properly resettle him in accordance with relevant regulations. If a reservist responding to the call-out was not transferred to active service, the military units shall make arrangements for his return, and notify the military service organ of the people's government of county, autonomous county, city not divided into districts or district of a city where he is registered for reserve service, as well as the entity which employs the reservist.

Chapter VII Benefits and Support

Article 41 The state shall establish a system of allowances and subsidies for reservists that combines considerations of incentivization and compensation.

A reservist shall be entitled to a service allowance in accordance with relevant regulations. During the time when a reservist fights in war, participates in military training, performs duties of combat readiness, or executes missions in a non-war military operation, he is entitled to a mission allowance.

During the time when a reservist fights in war, participates in military training, performs duties of combat readiness, or executes missions in a non-war military operation, he shall be entitled to corresponding subsidies, food and transport allowances in accordance with relevant regulations. Where a reservist works at a state organ, a public organization, an enterprise, or a public institution, such entity shall maintain his benefits including the salary, bonuses, entitlements and insurance, etc. 

The levels of allowances and subsidies for reservists, as well as the measures for their adjustments, shall be prescribed by the Central Military Commission.

Article 42 A reservist who fights in war shall have the same medical care as received by a member of active service. During the time of participating in military training, performing duties of combat readiness, or executing missions in non-war military operations, a reservist shall get the corresponding medical care provided by the state and the military unit in accordance with relevant regulations.

Military medical institutions shall, in accordance with relevant regulations, provide reservists with priority medical care and other services.

Article 43 Where a reservist participates in military training, performs duties of combat readiness or executes missions in non-war military operations, the military unit shall purchase accident and personal injury insurance for him.

Article 44 During the time when a reservist fights in war, participates in military training, performs duties of combat readiness, or executes missions in non-war military operations, where his family faces grave difficulties in life due to natural disasters, accidents, or serious diseases, among others, the local people's government and the military unit shall offer help and aid and express sympathy and care in accordance with relevant regulations.

The state encourages people's organizations, enterprises, public institutions, social organizations and other organizations and individuals to provide relief or assistance to such reservist families in need.

Article 45 The entity which employs a reservist may not, on account of performing reserve duties by the reservist, dismiss him, terminate the employment relationship with him, remove him from office, reduce his benefits, discipline him, etc.

Article 46 Entities which employ reservists shall be entitled to preferential and support policies in accordance with relevant regulations of the state.

A reservist who starts a micro or small enterprise or engages in self-employment and other business activities shall be entitled to preferential policies on financing and other preferential policies in accordance with relevant regulations of the state.

Article 47 Reservists shall be entitled to preferential treatment in accordance with relevant regulations.

For a reservist who died or gets injured as a result of fighting in war, participating in military training, performing duties of combat readiness, or executing missions in non-war military operations, the local people's government at or above the county level shall offer pension in accordance with relevant regulations of the state.

Article 48 Military units shall hold a ceremony for reservists where they are conferred or promoted to military ranks of reservists, receive honors or commendations for their outstanding meritorious service, or are to retire from reserve service.

Article 49 The lawful rights and interests of female reservists shall be protected by law. Military units shall make reasonable arrangements on posts and tasks of female reservists in view of their characteristics.

Article 50 A reservist who has retired from the reserve service shall be entitled to corresponding honors and benefits in accordance with relevant regulations.

Chapter VIII Retirement

Article 51 A reserve officer or reserve non-commissioned officer shall complete the minimum of four years of service at his military rank.

Any reserve officer or reserve non-commissioned officer who has not served the minimum years at his rank may not apply for retirement. Once the minimum years have been served, he may retire from reserve service after his application for retirement has been approved.

The minimum time of service for a reserve soldier is four years, including two years as reserve private first class and another two as reserve private second class. Any reserve soldier who has not completed the minimum length of service may not apply for retirement. A reserve soldier who has already completed the four-year service but is not selected to be transferred to a reserve non-commissioned officer shall retire from reserve service.

Article 52 A reservist shall retire from reserve service once he has reached the maximum age limit for reserve service, specifically:

(1) reserve commanding officers: 45 for junior reserve officers and 60 for field grade reserve officers;

(2) reserve technical officers: 50 for junior reserve officers and 60 for field grade reserve officers;

(3) reserve non-commissioned officers: 45 for reserve corporals, reserve sergeants and reserve sergeants second class, 55 for reserve sergeants first class, reserve master sergeants third class, reserve master sergeants second class, and reserve master sergeants first class; and

(4) 30 for reserve soldiers.

Article 53 Any reserve officer or reserve non-commissioned officer who has not reached the maximum age limit or completed the minimum years of service for his grade and any reserve soldier who has not completed the minimum years of reserve service or has not reached the maximum age limit shall be arranged to retire from reserve service under one of the following circumstances:

(1) when he is called or selected to be transferred to active service;

(2) when he has to retire due to the adjustment or reform of the military system and personnel system of the military or optimization of reserve personnel structure;

(3) when he proves to be unfit to remain in reserve service due to the change of the entity which employs him or the change of his post;

(4) when he is unable to perform reserve duties due to injury, illness or disability; or

(5) when there are other circumstances prescribed in laws or regulations.

Article 54 Any reserve officer or reserve non-commissioned officer who has served the minimum years at his rank or has reached the maximum age limit, or any reserve soldier who has served the minimum years as stipulated or has reached the maximum age limit may not retire from reserve service under one of the following circumstances:

(1) when it is required such by a mobilization order issued by the state or mobilization measures taken by the State Council or the Central Military Commission in accordance with law;

(2) when he is fighting in war, performing duties of combat readiness, or executing missions for non-war military operations;

(3) when he is under review or investigation for suspected violation of military discipline and there has been no conclusion about such review or investigation yet; or

(4) when there are other circumstances prescribed by laws and regulations.

Where those circumstances prescribed in the preceding paragraph disappear, the reservist may submit his application for retirement and retire from reserve service upon approval of his application.

Article 55 A reservist shall be deprived of the status as a reservist if he falls into one of the following circumstances:

(1) when a reserve officer or reserve non-commissioned officer who has not completed the minimum years for his rank or a reserve soldier who has not completed the minimum years as stipulated requests for early retirement from reserve service and, after persuasion, still insists on early retirement;

(2) when he has been considered as being incompetent in the annual appraisal for two consecutive years; 

(3) when he is held criminally liable for a crime committed; or

(4) when there are other circumstances stipulated by laws or regulations.

Article 56 The time of retirement from reserve service shall be the day when the retirement order is issued.

Article 57 The authority for approving retirement from reserve service shall be the same as that for approving promotion to a reserve rank.

Chapter IX Legal Liability

Article 58 Where a citizen who is already registered for reserve service refuses or evades participation in the selection and replenishment, or a reservist refuses or evades military training, combat readiness duties, non-war military operations, or a call-out for deployment, the citizen or the reservist shall be ordered to make a rectification within a time limit by the people's government at the county level. Whoever fails to make rectification after the time limit shall be compelled to fulfill his military duties and be fined by the people's government at the county level. Where the said person is a public servant, he shall be given a sanction according to law.

For a reservist referred to in the preceding paragraph, his military unit shall, in accordance with relevant regulations, cease benefits to which he is entitled.

Article 59 Any reservist who has violated discipline during the period of engaging in war, participating in military training, performing combat readiness duties or executing non-war military operations shall be given a sanction by his military unit in accordance with relevant regulations. 

Article 60 Where any state organ or military unit or any of their staff members, in the administration of reservists, abuses power, neglects duties, engages in malpractice for personal gain, or has any other violation of this Law, the state organ or military unit shall be ordered to make rectification by the competent department or the higher authority, and the staff member shall be ordered to make rectification by the state organ or the military unit he belongs to. The responsible leaders and directly responsible persons shall be sanctioned in accordance with law.

Article 61 Any state organ, public organization, enterprise or public institution which refuses to fulfill its work tasks about the administration on reservists as specified in this Law, hinders a citizen's performance of reserve duties, or commits other acts of interference in administration of reservists shall be ordered to make rectification and may be fined by the local people's government at or above the county level.The responsible leaders and directly responsible persons shall be sanctioned or punished in accordance with law.

Those who engage in illegal production or transaction of reserve uniforms and reserve insignias shall be punished in accordance with law.

Article 62 Whoever violates this Law and thereby commits a crime shall be held criminally responsible in accordance with law.

Article 63 The punishments prescribed in Article 58 and the first paragraph of Article 61 in this Law shall be verified first by the military service organs of the local people's governments at or above the county level in conjunction with the relevant departments, and be executed by the military service organs and other relevant departments of the local people's governments at or above the county level according to the division of their responsibilities after decisions on such punishments have been made by the local people's governments at corresponding levels.

Chapter X Supplementary Provisions

Article 64 This Law shall also apply to individuals who retire from active service in the Chinese People's Armed Police Force and are assigned to reserve service as reservists.

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 on the same date.