The State Council and the Central Military Commission recently promulgated the "Regulations on the Placement of Retired Servicemen" (hereinafter referred to as the "Regulations"), which will come into force on September 1, 2024. The purpose of the "Regulations" is to standardize the resettlement of retired servicemen, properly resettle retired servicemen, safeguard the legitimate rights and interests of retired servicemen, and make servicemen a profession respected by the whole society. The Regulations consist of 11 chapters and 93 articles, which mainly stipulate the following.
The first is to adhere to the party's leadership and improve the resettlement work mechanism. He stressed that the resettlement of retired servicemen should adhere to the leadership of the Communist Party of China. Clarify the division of responsibilities among the relevant military and local units.
The second is to coordinate the resettlement method and determine the resettlement treatment. Clarify the resettlement methods for retired officers, retired non-commissioned officers, and conscripts, and stipulate the applicable conditions for each type of resettlement method and the corresponding resettlement benefits.
The third is to standardize the handover and receiving procedures and refine the work process. It is clarified that the resettlement plan for retired servicemen is divided into retired officers, retired non-commissioned officers, and conscripts, and is issued in batches by category. The place of resettlement of retired servicemen shall be determined in accordance with the principles of obeying the needs of work, demonstrating service contributions, and facilitating family life. Improve the transfer process of veterans' personnel files.
Fourth, encourage employment and entrepreneurship and strengthen the protection of benefits. The military and local governments are required to carry out skills training before and after retirement, and strengthen the employment and entrepreneurship support of retired servicemen. It is clarified that after military personnel retire from active service, they will enjoy relevant benefits and guarantees in accordance with the law. When a serviceman retires from active service, the military shall transfer the serviceman's insurance relationship and corresponding funds in accordance with regulations, and the social insurance agency at the place of resettlement shall promptly handle the corresponding transfer and continuation procedures.
Regulations on the resettlement of veterans
Chapter I: General Provisions
Article 1 These Regulations are formulated in accordance with the "Law of the People's Republic of China on the Protection of Retired Servicemen", the "Military Service Law of the People's Republic of China", and the "Law of the People's Republic of China on the Protection of the Status and Rights and Interests of Military Personnel" in order to standardize the work of resettling retired servicemen, properly resettle retired servicemen, safeguard the legitimate rights and interests of retired servicemen, and make servicemen a profession respected by the whole society.
Article 2: "Retired servicemen" as used in these Regulations refers to officers, non-commissioned officers, conscripts, and other personnel who have retired from active service in accordance with law from the Chinese People's Liberation Army.
Article 3 Retired servicemen have made important contributions to national defense and army building and are an important force in socialist modernization.
The State cares for and gives preferential treatment to retired servicemen, and ensures that retired servicemen enjoy corresponding rights and interests in accordance with the law.
The whole society shall respect and give preferential treatment to retired servicemen, and support the resettlement of retired servicemen.
Article 4: The resettlement of retired servicemen adheres to the leadership of the Communist Party of China, adheres to the principle of serving economic and social development, national defense, and army building, and implements the principles of proper placement, rational use, and the use of talents to the best of their abilities.
The resettlement of veterans shall be open, fair, and just, and shall be carried out in a coordinated manner between the military and the local government.
Article 5 The State shall properly resettle retired officers by means of retirement, changing jobs, receiving retirement pensions on a monthly basis, and demobilization.
For retired non-commissioned officers, the state shall properly resettle them by means of receiving retirement pensions on a monthly basis, self-employment, job arrangement, retirement, and support.
The state shall properly resettle retired conscripts by means of self-employment, job arrangement, and support.
Priority will be given to retired servicemen who participated in wars, demobilized officers who are commanders of divisions, brigades, regiments, and battalion-level units of combat units, retired servicemen who are children of martyrs and exemplary meritorious servicemen, and retired servicemen who have served on active duty for a long time in difficult and remote areas or in special positions such as aviation, naval vessels, and nuclear-related positions.
Article 6: The Central Leading Institution for Veterans' Affairs is responsible for the top-level design, overall coordination, overall advancement, and supervision of the implementation of the resettlement of veterans. Local leading institutions for veterans' affairs at all levels are responsible for organizing, leading, and coordinating the implementation of the resettlement of veterans in their respective regions.
Article 7 The department in charge of veterans' affairs under the State Council shall be responsible for the resettlement of veterans nationwide. The political work department of the Central Military Commission is responsible for organizing and guiding the work of retiring servicemen from the whole army. The relevant central and state organs and the relevant departments of the Central Military Commission shall do a good job of resettling retired servicemen within the scope of their respective duties.
The departments in charge of veterans' affairs of local people's governments at or above the county level are responsible for the resettlement of veterans in their respective administrative regions. The political work departments of units at or above the regimental level of the armed forces (including departments performing political work duties, the same below) are responsible for the work of retiring servicemen from that unit. Relevant local organs at all levels shall do a good job of resettling retired servicemen within the scope of their respective duties.
Provincial military districts (garrison districts, garrison areas) are responsible for the transfer of retired officers and retired non-commissioned officers who receive retirement pensions on a monthly basis to the provinces, autonomous regions, and municipalities directly under the Central Government where they are located, and for retired non-commissioned officers who receive retirement pensions on a monthly basis, and cooperate with the resettlement sites to do a good job in the resettlement work; Cooperate with the transfer of retired officers and non-commissioned officers, as well as retired non-commissioned officers and conscripts who have been placed in the form of work arrangements and support.
Article 8 The funds required for the resettlement of retired servicemen shall be included in the central and local budgets in accordance with the principle of division of fiscal powers and expenditure responsibilities between the central and local governments, and shall be adjusted in accordance with the level of economic and social development.
Article 9: State organs, mass organizations, enterprises, public institutions, and social organizations shall accept and resettle veterans in accordance with law, and veterans shall accept and place veterans.
Retired servicemen shall abide by the Constitution and laws and regulations in an exemplary manner, keep military secrets, maintain and carry forward the glorious traditions and fine work style of the people's army, and actively devote themselves to the cause of building a modern socialist country in an all-round way.
Article 10: Local people's governments at or above the county level shall include the resettlement of veterans in their annual key work plans and in the management of objectives, establish and complete a responsibility system and evaluation system for resettlement work, and include the completion of resettlement work in the evaluation and evaluation of the departments responsible for the relevant work of veterans of the people's governments at the same level and their responsible persons, and the people's governments at lower levels and their responsible persons, as an important part of the evaluation of model cities (counties) with double support.
Article 11 Units and individuals that have made outstanding contributions to the resettlement of retired servicemen shall be commended and rewarded in accordance with the relevant provisions of the State.
Chapter II Methods for the Placement of Retired Officers
Article 12 Officers who have retired from active service and meet the prescribed requirements may retire, change jobs, or receive retirement benefits on a monthly basis.
Where an officer retires from active service, and there are prescribed circumstances, he is to be demobilized and resettled.
Article 13 The people's government of the place where retired officers are resettled shall, in accordance with the method of combining state guarantees with socialized services, do a good job in the management of their services and ensure their benefits.
Article 14 The people's government of the place of resettlement shall, in accordance with the needs of work, set up and adjust the service management bodies for retired officers, and serve and manage retired officers.
Article 15: Demobilized military officers shall be accepted and placed by government organs, mass organizations, public institutions, and state-owned enterprises.
The people's government of the place of resettlement shall, on the basis of the demobilized officers' moral integrity and ability, as well as their positions, grades, contributions, and specialties during their active service, as well as the needs of their work, and in light of actual conditions, make overall plans and adopt methods such as evaluation and selection, assignment and selection of posts, examinations and evaluations, two-way selection, direct placement, and directive distribution, to properly arrange their work positions and determine the corresponding job ranks.
Article 16 The specific measures for retired officers to receive retirement pensions on a monthly basis shall be formulated by the department in charge of veterans' work under the State Council in conjunction with relevant departments.
Article 17 Demobilized officers shall enjoy demobilization pay and other benefits in accordance with the relevant provisions formulated by the State Council's department in charge of veterans' work and the political work department of the Central Military Commission.
Chapter III: Methods for the Placement of Retired Non-commissioned Officers and Conscripts
Section 1 Receiving retirement benefits on a monthly basis
Article 18 Non-commissioned officers who retire from active service and meet the prescribed conditions may be placed to receive retirement benefits on a monthly basis.
Article 19: The specific measures for retired non-commissioned officers to receive retirement pensions on a monthly basis shall be formulated by the State Council's department in charge of veterans' work in conjunction with relevant departments.
Section 2: Self-employment
Article 20: Where retired conscripts do not meet the requirements for receiving monthly retirement benefits, arranging work, retiring, or providing support, and retired conscripts do not meet the requirements for arranging work or support, they shall be placed in the form of self-employment.
Retired non-commissioned officers who meet the requirements for receiving monthly retirement benefits and arranging work, and retired conscripts who meet the requirements for arranging work may choose to be placed in the form of self-employment.
Article 21: Retired non-commissioned officers and conscripts who are self-employed shall be paid a one-time retirement allowance based on their years of active service.
The specific standards shall be determined by the State Council's department in charge of retired servicemen's work and the political work department of the Central Military Commission, in conjunction with the State Council's financial department, on the basis of factors such as the level of national economic development, the state's financial situation, the average salary of employed personnel in urban units nationwide, and the particularity of military personnel's occupations, and shall be adjusted in due course.
Article 22 Where self-employed retired non-commissioned officers and conscripts receive medals, honorary titles, or commendations and awards during their active service, a one-time retirement allowance shall be increased in accordance with the following proportions:
(1) Where medals or honorary titles are obtained, an additional 25% will be issued;
(2) Where a first-class meritorious service is awarded or a first-class commendation is obtained, an additional 20% shall be issued;
(3) Where a second-class meritorious service or a first-class meritorious service is awarded, or a second-class commendation is awarded and the relevant benefits are approved, an additional 15% will be issued;
(4) Where a third-class meritorious service or second-class meritorious service is awarded, an additional 10% shall be issued;
(5) Those who have been awarded fourth-class military merits or third-class meritorious services shall be issued an additional 5%.
Article 23: Local people's governments may give one-time economic subsidies to retired non-commissioned officers and conscripts who are self-employed, on the basis of actual local conditions, and the standards and methods for disbursement of subsidies shall be formulated by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.
Article 24: Junior non-commissioned officers and conscripts who have been assessed as having a level 5 to 6 disability due to a mental disorder and need to be hospitalized or have no immediate family to take care of them after they are discharged from active service, may be arranged by the competent department for veterans' work of the people's government for the place of resettlement to receive treatment in the relevant hospital, and are to be given safeguards in accordance with law.
Section 3: Arrangement of work
Article 25: Where non-commissioned officers and conscripts retire from active service and meet any of the following conditions, the people's government of the place of resettlement shall arrange for work:
(1) Sergeants have served 12 years of active service;
(2) Individuals who have received medals or honorary titles during their active service;
(3) During the period of active service, individuals have been awarded third-class meritorious service or second-class meritorious service;
(4) Individuals who received a first-level commendation while serving active duty;
(5) Those who have been assessed as having a disability level of 5 to 8 due to war-related disability;
(6) They are the children of martyrs.
Non-commissioned officers who meet the conditions for receiving retirement benefits on a monthly basis and voluntarily give up their placement by receiving retirement benefits on a monthly basis may choose to be placed in the form of arranged work.
Non-commissioned officers of the intermediate level or above who have been assessed as having a disability level of 5 to 6 due to war disability may choose to be placed in a work-arranged manner if they voluntarily give up their placement by way of retirement.
Article 26 Retired non-commissioned officers and conscripts who are assigned to work are to be assigned to public institutions and state-owned enterprises mainly by means of assigning and selecting posts; Those who meet the prescribed requirements may be recruited on the basis of merit for civil servant positions in basic-level party and government organs.
The specific measures for the quantitative scoring of the performance of retired non-commissioned officers and conscripts on active duty are to be formulated by the State Council's department in charge of veterans' work in conjunction with the political work department of the Central Military Commission.
Article 27: On the basis of the needs of work and the requirements for the establishment of basic-level political power, the provincial-level departments in charge of civil servants shall determine a certain number of recruitment plans for basic-level civil servants, comprehensively consider factors such as their performance on active duty, and follow the provisions of article 26 of these Regulations to select and recruit retired non-commissioned officers and conscripts with a bachelor's degree or higher who are assigned to work. Recruitment positions can be arranged in the provincial-level administrative area.
Retired non-commissioned officers and conscripts who participate in recruitment are the children of martyrs, or who have served active duty for five years in difficult and remote areas, are given priority in hiring under the same conditions.
When recruiting retired non-commissioned officers and conscripts in hardship and remote areas and border ethnic areas, the conditions for resettlement destination, age, and educational background may be appropriately relaxed in light of local conditions.
Article 28: As needed for resettlement work, people's governments at or above the provincial level may designate a number of special posts to receive retired non-commissioned officers and conscripts for resettlement arrangements in accordance with provisions.
Article 29: Retired non-commissioned officers and conscripts who are assigned to public institutions shall be reasonably assigned to work positions on the basis of their contributions, specialties, and specialties during their active service. Those who meet the conditions of the corresponding positions can be arranged to management positions or professional and technical positions.
Article 30: Where organs, mass organizations, or public institutions accept retired non-commissioned officers and conscripts who work on placement arrangements, they shall be given establishment guarantees in accordance with relevant state provisions.
State-owned enterprises shall approve the annual acceptance plan in accordance with the prescribed proportion of the number of newly recruited employees in the whole system of the enterprise, and use it to accept retired non-commissioned officers and conscripts for resettlement arrangements.
Article 31: Where the tasks of receiving and placing arrangements for retired non-commissioned officers and conscripts are relatively heavy, the people's government at a higher level may make overall arrangements for the transfer within its administrative region.
The people's government of the place of resettlement shall complete the task of arranging work for retired non-commissioned officers and conscripts within 6 months of receiving them.
Article 32 Where it is necessary to sign an employment contract or labor contract for the placement of retired non-commissioned officers and conscripts who are arranged for work, the employer shall, in accordance with regulations, sign a medium- or long-term employment contract or labor contract with them for a period of not less than three years. Among them, if an enterprise accepts retired non-commissioned officers with more than 10 years of military service, it shall sign an indefinite labor contract with them.
Article 33: For disabled retired non-commissioned officers and conscripts who are assigned work, the receiving unit shall arrange work within its capabilities.
In addition to enjoying work-related injury insurance benefits in accordance with the law, retired non-commissioned officers and conscripts who have been disabled due to war or duty are also entitled to the same living welfare, medical treatment and other benefits as those injured in their units.
Article 34: Where retired non-commissioned officers and conscripts who meet the requirements for arranging work refuse to obey the work arrangements made by the people's government of the place of resettlement without a legitimate reason, they shall be deemed to have waived their work arrangements; Where criminal responsibility is pursued in accordance with law during the period of work to be arranged, their work arrangements are to be revoked.
Article 35: In any of the following circumstances, non-commissioned officers and conscripts who have retired from active duty are not to be placed in the form of work arrangements:
(1) Those who have been expelled from the Communist Party of China;
(2) Those who have received criminal punishments;
(3) Other circumstances provided by laws and regulations that make it inappropriate to be placed in the form of work arrangements due to compulsory retirement or other reasons.
Section 4: Retirement and Support
Article 36 Sergeants at or above the intermediate level who retire from active service and meet any of the following conditions shall be placed for retirement:
(1) Those who were at least 55 years old at the time of retirement from active service;
(2) They have served 30 years of active service;
(3) Those who have been assessed as having a disability level of 1 to 6 as a result of war or in the line of duty;
(4) Suffering from a serious illness and basically losing the ability to work after a medical evaluation.
Article 37: The transfer of retired non-commissioned officers to the government for the management of resettlement services shall be carried out with reference to the relevant provisions of retired officers.
Article 38: Junior non-commissioned officers and conscripts who have been assessed as having a disability level of 1 to 4 who have retired from active service are to be supported by the State for life.
Non-commissioned officers at or above the intermediate level who have been assessed as having a disability of Grade 1 to 4 due to war or disability in the line of duty, and who voluntarily give up their retirement and resettlement, may choose to be supported by the state for life.
State support is divided into centralized support and decentralized support.
Chapter IV: Handover and Reception
Section 1: Placement Plans
Article 39: Plans for the resettlement of retired servicemen include the national plan for the resettlement of retired servicemen and the local plan for the resettlement of retired servicemen, and are to be issued in batches by distinction between retired officers, retired non-commissioned officers, and conscripts.
The national plan for the resettlement of retired servicemen shall be drawn up and issued by the State Council's department in charge of veterans' work in conjunction with the political work department of the Central Military Commission and relevant central and state organs.
Plans for the resettlement of retired servicemen in local areas at or above the county level shall be prepared and issued by the departments in charge of the work of retired servicemen at the corresponding level or in conjunction with relevant departments.
Article 40: Plans for the resettlement of wounded, sick and disabled veterans may be included in the plans provided for in Article 39 of these Regulations and may be compiled and issued together, or may also be specially formulated and issued.
The resettlement plan for the spouses and children of retired servicemen is issued together with the resettlement plan for retired servicemen.
Article 41 The resettlement plans for the acceptance of retired servicemen by the central and state organs and the enterprises and public institutions under their management shall be drawn up and issued in accordance with the relevant provisions of the State.
Article 42 The resettlement of retired servicemen in batches due to the adjustment of the military structure and establishment shall be handled by the department in charge of veterans' work under the State Council and the political work department of the Central Military Commission in conjunction with the relevant central and state organs.
Section 2: Resettlement Sites
Article 43 The place of resettlement of retired servicemen shall be determined in accordance with the principles of obeying the needs of work, demonstrating contributions to service, and being conducive to family life.
Article 44 The place of resettlement of retired officers and retired non-commissioned officers who receive retirement benefits on a monthly basis and retire shall be determined in accordance with the relevant provisions of the State.
Article 45 The place of resettlement of retired conscripts and retired non-commissioned officers who have been placed in the form of self-employment, work arrangement, or support shall be the place of their household registration at the time of enlistment. However, if a student is a student of an ordinary institution of higher learning at the time of enlistment, and does not return to school after being discharged from active service, the place of resettlement shall be the place of household registration before enrollment.
In any of the following circumstances, retired conscripts and retired non-commissioned officers who have been placed in the form of self-employment, job arrangement, or support may be resettled:
(1) Where the location of either parent's household registration changes during active service, they may be resettled in the location of either parent's current household registration;
(2) If the retired non-commissioned officer is married, he or she may be resettled in the place where the residence of either of the spouses or the parents of the spouse is located;
(3) Where the spouse of a retired non-commissioned officer is an active soldier and meets the requirements for accompanying the military, he may be placed in the residence of the spouse's unit; If both parties retire at the same time, they may be resettled in the place where the spouse is resettled;
(4) Due to other special circumstances, the political work department of the military unit at or above the brigade level may issue a certificate and with the approval of the department in charge of retired servicemen's affairs of the people's government at or above the provincial level.
Retired non-commissioned officers who are placed in cities at or above the middle level designated by the State Council in accordance with the provisions of items (2) and (3) of the preceding paragraph shall have been married for at least 2 years.
Article 46: Due to circumstances such as major national reforms, the construction of key projects, and the needs of national defense and military reform, retired servicemen may be resettled across provinces, autonomous regions, or municipalities directly under the Central Government upon approval by the competent department for veterans' work under the State Council.
Retired servicemen who meet the requirements of the special policies for attracting talents in the place of resettlement may be resettled across provinces, autonomous regions, and municipalities directly under the Central Government with the consent of the competent department for retired servicemen's affairs at the provincial-level people's government where the receiving unit is located, in consultation with the competent department for talent work at the same level, and with the approval of the competent department for retired servicemen's work under the State Council and the political work department of the Central Military Commission.
Article 47: Retired servicemen who have been disabled by war, who have been awarded a third-class meritorious service or second-class meritorious service or higher during active service, who are the children of martyrs, as well as retired non-commissioned officers and conscripts whose parents have died, may, upon their own application, be resettled by the competent department for veterans' work of the people's government at the provincial level or above in accordance with the principle of being conducive to their livelihood.
Article 48 Where retired servicemen are resettled in a megacity designated by the State Council, in addition to meeting the requirements of the resettlement method corresponding to their resettlement methods, they shall also serve in the troops stationed in that city for the prescribed number of consecutive years; Those who are placed in accordance with the method of refuge shall also meet other qualifications required by relevant state provisions.
Article 49 Where retired servicemen have personally received medals or honorary titles, or have been awarded first-class meritorious service or first-class commendations during their active service, they may choose a place of resettlement nationwide. Among them, retired servicemen who choose to be resettled in a megacity designated by the State Council are not subject to the restrictions provided for in Article 48 of these Regulations.
Retired servicemen who have been personally awarded second-class military merits or first-class meritorious service during their active service, who have received second-class commendations and have been approved to enjoy relevant benefits, and who have served in Tibet, Xinjiang, four or more categories of hardship and remote areas designated by the military, islands of the second category or more designated by the military, or special positions such as aviation, warships, and nuclear-related positions, may choose a place of resettlement within a provincial-level administrative region that meets the requirements for resettlement.
Retired servicemen who have served a total of 10 years of active duty in Tibet, Xinjiang, four or more categories of hardship and remote areas designated by the military, or on two or more islands designated by the military, or in special positions such as aviation, warships, and nuclear-related positions, may choose a place of resettlement within an administrative area at the level of a city divided into districts that meet the requirements for resettlement.
Section 3 Handover
Article 50 The personnel files of retired officers who have been resettled in the form of demobilization, monthly retirement pension, or demobilization, and retired non-commissioned officers who have been resettled in the form of monthly retirement pensions shall be transferred to the provincial military district (garrison or garrison area) of the place of resettlement by the political work departments of the organs and ministries of the Central Military Commission, organs directly under the Central Military Commission, the joint operations command center of the Central Military Commission, theaters, services and arms, units directly under the Central Military Commission, and other units directly under the Central Military Commission. garrison area) to the provincial-level people's government's department in charge of veterans' work.
The personnel files of retired non-commissioned officers and conscripts who have been assigned work shall be transferred to the departments in charge of retired servicemen's affairs of the provincial-level people's government at the place of resettlement by the political work departments of the organs and commissions of the Central Military Commission, organs directly under the Central Military Commission, joint operations command centers of the Central Military Commission, theaters, services and arms, units directly under the Central Military Commission, and other units.
The personnel files of retired non-commissioned officers and conscripts who have been placed in the form of self-employment and support shall be transferred by the political work department of the division, brigade, or regiment-level unit of the army to the department in charge of retired servicemen's affairs of the people's government at the place of resettlement.
Article 51: The department in charge of the work of retired servicemen shall issue a notice of acceptance and resettlement for retired officers who have been resettled, receive retirement benefits on a monthly basis, or be demobilized, and the unit to which they belong shall promptly complete the relevant formalities for them and urge them to report for duty on time.
Retired non-commissioned officers who are placed in the form of receiving retirement pensions on a monthly basis, arranging work, and providing support, and retired conscripts who are placed in the form of arranging work and support, shall report to the department in charge of retired servicemen's affairs of the people's government at the place of resettlement at the prescribed time; Retired non-commissioned officers and conscripts who are self-employed shall report to the department in charge of veterans' work of the people's government for the place of resettlement within 30 days of being approved to retire from active service. Those who fail to report for more than 30 days without a legitimate reason shall be deemed to have given up their resettlement benefits.
Article 52: The transfer and reception of retired officers and non-commissioned officers shall be organized and handled by the political work department of the unit at or above the regimental level of the unit to which the retired officers and non-commissioned officers belong, and the department in charge of retired servicemen's affairs of the people's government at the place of resettlement.
Article 53 After a retired serviceman reports for duty, the department in charge of the work for retired servicemen shall promptly issue a letter of introduction for the retired serviceman who needs to go through the household registration, and the public security organs shall handle the household registration accordingly.
The departments in charge of veterans' work shall urge veterans to promptly handle changes to their military service registration information.
For demobilized officers who have been transferred through the organization, the political work department of the unit at or above the brigade level of the armed forces, together with the department in charge of retired servicemen's affairs of the people's government at the place of resettlement and the public security organs, shall handle the relevant formalities for the transfer and settlement.
Article 54: The relevant units of the armed forces and the departments in charge of veterans' affairs of the people's government for the place of resettlement shall promptly transfer and receive wounded, sick and disabled veterans who meet the requirements for transfer, and properly resettle them.
Article 55: In areas and units where the implementation of the resettlement policy for veterans is not in place and the work is not effectively promoted, the department in charge of veterans' affairs of the people's government at the provincial level or above, in conjunction with relevant departments, is to give a meeting with the principal responsible person of the people's government for that area or the principal responsible person of the unit; For departments and units that refuse to accept and place veterans or have not completed the resettlement task, the departments for organization, establishment, human resources and social security may, in light of the circumstances, suspend the handling of approval matters such as personnel transfers, recruitment (hiring), and establishments.
Chapter V: Placement of Dependents
Article 56 The spouses of retired officers who have been resettled by means of changing jobs, receiving retirement benefits on a monthly basis, or being demobilized, and retired non-commissioned officers who have been placed by means of receiving retirement benefits on a monthly basis and by arranging work arrangements and who meet the requirements for family members to join the army, may be transferred and relocated with their minor children.
Retired officers who have been resettled in the form of changing jobs, receiving retirement benefits on a monthly basis, or demobilization and have no children with them may be transferred with one of their children who are already working and their spouses.
Article 57 Where the spouse of a retired serviceman is employed in an organ or public institution and complies with the provisions of the relevant laws and regulations, the people's government of the place of resettlement shall be responsible for arranging for him to be assigned to the corresponding work unit. The people's government of the place of resettlement shall provide employment guidance to the spouses who work in other units or do not have a work unit, and assist in achieving employment.
If it is necessary to sign an employment contract or labor contract for the spouse of a retired serviceman who is assigned to an enterprise or public institution and is placed in a position, the employer shall sign a medium- and long-term employment contract or labor contract with him for a period of not less than three years.
Encourage and support the families of retired servicemen who have been transferred and relocated to work and start businesses independently. For spouses who are willing to work and start their own businesses, measures such as issuing one-time employment subsidies may be adopted for placement, and employment guidance services may be provided. The standards and payment methods of one-time employment subsidies shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. The family members who are transferred and relocated are entitled to preferential policies related to employment and entrepreneurship support in accordance with regulations.
The spouse of a retired serviceman shall receive and be placed at the same time as the retired serviceman, and a notice of reporting shall be issued at the same time.
Article 58: Formalities such as the relocation and registration of the household registration of the family members of retired servicemen who have been transferred and relocated with them shall be handled by the public security organs at the place of resettlement in a timely manner on the basis of the notice of the department in charge of the work of retired servicemen.
Where the children of retired servicemen need to transfer to another school or enroll in school, the administrative department for education of the people's government at the place of resettlement shall handle it in a timely manner.
Article 59 Where demobilized officers and retired non-commissioned officers who have been assigned work voluntarily go to work in hardship and remote areas, their spouses and children may be resettled in areas where they originally met the requirements for resettlement.
Article 60: The settlement of the spouses and children of retired officers and non-commissioned officers, the transfer and continuation of various social insurance relationships, and the transfer and enrollment of the children of retired officers and non-commissioned officers shall be carried out in accordance with the relevant provisions of the State.
Chapter VI: Education and Training
Article 61: Before retired servicemen leave the unit, on the premise of ensuring the completion of military tasks, the unit to which they belong shall, as needed, carry out education and training, introduce the situation of national reform and development, publicize the policy on the resettlement of retired servicemen, and organize education on laws, regulations, and secrecy discipline. The departments in charge of veterans' work of local people's governments at the county level or above shall give support and cooperation.
Article 62: After servicemen are discharged from active service, the departments in charge of veterans' work and other departments responsible for the resettlement of veterans shall distinguish between veterans with different resettlement methods and organize adaptation training.
For eligible veterans, the departments in charge of veterans' work of people's governments at the county level or above may organize professional training.
Article 63: After eligible veterans are assigned posts, the departments in charge of veterans' work of the people's government at the place of resettlement and the units receiving and placing them may select and assign them to institutions of higher learning or relevant education and training institutions to conduct special study and training on the basis of the needs of the post and their actual conditions. During the period of special study and training, retired servicemen are equally entitled to the relevant benefits of their units.
Article 64: Retired servicemen enjoy preferential policies for education in accordance with law.
Veterans who participate in vocational skills training before reaching the statutory retirement age shall enjoy corresponding support policies such as subsidies for vocational skills training in accordance with regulations.
Article 65: The departments in charge of the work of veterans and the administrative departments in charge of education and training are responsible for the planning, organization and coordination, supervision and inspection, and distribution of subsidies for the education and training of veterans, as well as the guarantee of teachers and teaching facilities, in accordance with the division of labor.
Chapter VII: Employment and Entrepreneurship Support
Article 66: The State adopts a combination of government promotion, market guidance, and social support to encourage and support retired servicemen in employment and entrepreneurship. Veterans who are resettled in the form of monthly retirement pension, self-employment, and demobilization shall enjoy corresponding employment and entrepreneurship support policies in accordance with regulations.
Article 67: People's governments at all levels shall strengthen guidance and services for the employment and entrepreneurship of veterans. Local people's governments at or above the county level shall organize and carry out special recruitment activities for veterans every year to help veterans find employment.
The people's government of the place of resettlement shall include veterans who meet the requirements for the designation of persons with local employment difficulties in the scope of employment assistance. For those who are truly difficult to achieve employment through the market, they shall be included in the scope of public welfare post guarantees in accordance with law.
Article 68: When government organs, mass organizations, public institutions, and state-owned enterprises recruit or recruit personnel, they may appropriately relax the age and educational requirements for retired servicemen, and give priority to recruiting and recruiting retired servicemen under the same conditions. The experience of retired officers working in military regiments and units equivalent to regimental levels, and the experience of retired non-commissioned officers and conscripts serving active duty are regarded as grassroots work experience.
All localities shall set up a certain number of grass-roots civil servant positions to recruit college graduates and veterans who have served five years on active duty.
Where an employer recruits retired servicemen in accordance with state regulations, it shall enjoy preferential tax treatment and other policies in accordance with the law.
Article 69: Retired non-commissioned officers and conscripts who are self-employed and who were personnel of government agencies, mass organizations, public institutions, or state-owned enterprises before enlisting in the military may choose to return to work after retiring from active service, and their wages and benefits must not be lower than the average level of personnel with the same qualifications in that unit.
Article 70: Rural land contracted by household contracting before self-employed retired non-commissioned officers and conscripts enlisted in the army must not be illegally recovered, compelled or obstructed during the contract period; For rural land contracted through bidding, auction, public negotiation or other non-household contracting methods, family members may continue to contract during the contract period; Where the contracted rural land is expropriated, requisitioned or occupied in accordance with law, it enjoys the same rights as other members of the rural collective economic organization.
Eligible demobilized officers, self-employed retired non-commissioned officers, and conscripts who have settled down in the place where their household registration was located when they returned to enlistment, and who are members of rural collective economic organizations but have not contracted rural land, may apply for contracting rural land, and rural collective economic organizations, villagers' committees, and villagers' groups shall give priority to resolving the issue.
Article 71: Disabled veterans who have been assessed for disability due to war, duty, or illness during active service, or who have been re-evaluated or re-assessed for disability after retirement, and who have the ability and willingness to work, are given priority in enjoying the preferential employment policies for persons with disabilities provided for by the State. The retired serviceman's unit shall not dismiss or terminate the employment contract or labor contract because of his disability.
Chapter VIII: Safeguards for Benefits
Article 72: The political treatment of retired officers shall be carried out in accordance with the relevant provisions of the relevant provisions of retired civil servants at the corresponding post level of the State organ at the place of resettlement. The living conditions of retired officers and non-commissioned officers are carried out in accordance with the uniform programs and standards of the army.
Article 73: The benefits and guarantees for demobilized officers shall be implemented in accordance with the relevant provisions of the State.
The salaries and benefits of retired non-commissioned officers and conscripts who are arranged for work shall be determined in accordance with the relevant provisions of the State, and they shall enjoy other relevant benefits for personnel with the same conditions in the receiving and resettlement units.
Article 74 The length of service of retired servicemen shall be counted as the length of service, and after retirement, the number of years of service with the unit to which they belong shall be calculated cumulatively, and they shall enjoy the corresponding benefits related to the length of service provided by the State and the unit to which they belong. Among them, the number of years of active service of retired non-commissioned officers and conscripts who have been assigned to work, as well as the time to be arranged in accordance with the provisions of these Regulations, shall be calculated as length of service.
Article 75: During the period when retired non-commissioned officers and conscripts are scheduled to work, the people's government of the place of resettlement shall pay a monthly subsistence allowance in accordance with the local monthly minimum wage standard.
The receiving and resettlement unit shall, within 30 days of the issuance of the letter of introduction for the work arrangement, arrange for the retired non-commissioned officers and conscripts to take up their posts. Where the receiving and resettlement unit fails to make arrangements for taking up posts in accordance with regulations not due to reasons attributable to retired non-commissioned officers or conscripts themselves, they shall, starting from the month in which the letter of introduction is issued, pay monthly living expenses at a rate not lower than 80% of the average salary of personnel with the same conditions in that unit until they take up their posts.
Article 76: Disability pensions, nursing expenses, and other benefits enjoyed by servicemen during their active service shall be implemented in accordance with relevant local regulations after they are transferred to the localities after they are discharged from active service. Nursing expenses and other living benefits enjoyed by retired officers and non-commissioned officers shall be implemented in accordance with the relevant regulations of the army.
Article 77: Where eligible veterans apply for subsidized housing or the renovation of dilapidated rural housing, priority is to be given under the same conditions.
Where retired servicemen meet the conditions for preferential treatment for resettlement housing, the resettlement housing shall be resolved by combining market purchase with centralized military and local construction, and the people's government of the resettlement area shall make overall planning and scientific implementation.
Article 78: The standards for the funds required for the purchase (construction) of housing for retired non-commissioned officers and conscripts who are dispersed are to be determined in accordance with the average price of affordable housing and the floor area of 60 square meters in the county (city, district, banner) where they are resettled; Areas without affordable housing are determined according to the price of ordinary commodity housing. The property rights of the purchased (built) houses shall be owned by retired non-commissioned officers and conscripts who are scattered and supported, and the real estate shall be registered in accordance with the law.
Where retired non-commissioned officers and conscripts who are dispersed to provide for housing settle their own housing, the cost of purchasing (building) the housing shall be paid to them in accordance with the standards provided for in the preceding paragraph.
Article 79 When officers and non-commissioned officers retire from active service, the housing provident fund for the period of active service shall be paid to them in a lump sum in accordance with regulations, and may also be transferred to the place of resettlement according to their wishes, and the housing provident fund shall be deposited and used in accordance with local regulations; The payment of housing allowance during the period of active service shall be carried out in accordance with the relevant regulations.
Article 80: Retired servicemen who have received meritorious service and honors during their active service shall enjoy corresponding benefits in accordance with law after being discharged from active service.
Chapter IX: Social Insurance
Article 81 When a serviceman retires from active service, the military transfers the serviceman's insurance relationship and corresponding funds in accordance with regulations, and the social insurance agency at the place of resettlement shall promptly handle the corresponding formalities for the transfer and continuation.
Retired servicemen participate in social insurance such as pension, medical care, work-related injury, unemployment, and maternity in accordance with the law, pay social insurance premiums, and enjoy social insurance benefits.
The number of years of active service of retired servicemen and the number of years of social insurance contributions before enlistment and after retirement shall be calculated together in accordance with law.
Article 82: Retired non-commissioned officers and conscripts who have been assigned work shall, in accordance with the provisions of the State, participate in the basic pension insurance for employees in the place of resettlement and enjoy the corresponding benefits, and the necessary expenses shall be arranged by the financial funds of the people's government at the same level as the place of resettlement.
Article 83 Retired servicemen who have been resettled in government organs, mass organizations, enterprises and public institutions shall participate in the basic medical insurance for employees in accordance with law and enjoy corresponding benefits.
Retired non-commissioned officers and conscripts who have been assigned work shall participate in the basic medical insurance for employees in the resettlement area and enjoy the corresponding benefits in accordance with the law during the period of work to be arranged by the state, and the part paid by the unit shall be paid by the people's government of the place of resettlement, and the part paid by the individual shall be paid by the individual.
Retired officers and non-commissioned officers, demobilized officers, self-employed retired non-commissioned officers and conscripts who receive retirement pensions on a monthly basis shall participate in the basic medical insurance for employees or the basic medical insurance for urban and rural residents in accordance with the law and enjoy corresponding benefits.
Article 84 After retired officers and non-commissioned officers are transferred to the people's government for resettlement, the people's government of the place of resettlement shall include them in medical insurance and related medical subsidies in accordance with relevant provisions.
Retired officers enjoy the medical treatment of retired civil servants at the corresponding post level of the state organs in the place of resettlement, and the medical treatment of retired non-commissioned officers shall be implemented with reference to the relevant provisions of retired officers.
Article 85 Where a retired serviceman fails to find employment in a timely manner, he may apply for unemployment insurance benefits from the human resources and social security department at the place of his household registration in accordance with law, and the period of active service shall be regarded as the period of participation in insurance contributions, except for retired servicemen who have been resettled in the form of retirement or support.
Article 86 Where the family members of retired servicemen who have already participated in social insurance, their social insurance relationship and the transfer of corresponding funds shall be handled by the social insurance handling agency in accordance with law.
Chapter X: Legal Responsibility
Article 87: Where the departments in charge of veterans' work and other departments responsible for the resettlement of veterans and their staffs exhibit any of the following conduct, the competent department at the level above is to order corrections, and the responsible leaders and directly responsible personnel are to be sanctioned in accordance with law:
(1) Violating national policies by setting up additional conditions for acceptance or raising the threshold for placement;
(2) Failing to determine the resettlement benefits of veterans in accordance with regulations;
(3) Issuing false documents in the resettlement of veterans;
(4) misappropriating, withholding, or privately dividing funds for the resettlement of retired servicemen;
(5) Taking advantage of one's position to seek personal gain for oneself or others in the resettlement of retired servicemen;
(6) Other violations of laws and regulations on the placement of veterans.
Article 88: Where units receiving and placing retired servicemen and their staffs commit any of the following acts, the competent department for veterans' work of the local people's government shall order corrections to be made within a set period of time; and where corrections are not made within the time limit, a notice of criticism is to be circulated, and the responsible leaders and directly responsible personnel are to be given sanctions in accordance with law:
(1) Refusing or unreasonably delaying the implementation of the resettlement plan for veterans;
(2) Setting up additional conditions for acceptance or raising the threshold for placement in addition to national policies;
(3) Withholding or misappropriating the establishment of veterans who have been accepted and resettled;
(4) Failing to implement the resettlement of veterans in accordance with provisions;
(5) Failing to sign an employment contract or labor contract with a retired serviceman in accordance with law;
(6) Illegally terminating an employment contract or labor contract with a disabled veteran;
(7) Other violations of laws and regulations on the resettlement of veterans.
Other units and individuals that interfere with the resettlement of retired servicemen and harm the lawful rights and interests of retired servicemen shall be investigated and held accountable in accordance with law.
Article 89: Where retired servicemen obtain resettlement benefits by deception, the competent department for veterans' work of the local people's government at or above the county level shall cancel the relevant benefits, recover illegal gains, and pursue responsibility in accordance with law.
Article 90: Where the provisions of these Regulations are violated and constitute a violation of the administration of public security, public security administrative sanctions are to be given in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.
Chapter XI: Supplementary Provisions
Article 91: These Regulations apply to the placement of police officers, non-commissioned officers, conscripts, and other personnel of the Chinese People's Armed Police Force who have retired from active service in accordance with law.
The provisions of these Regulations relating to military officers shall apply to civilian cadres of the armed forces.
The resettlement of retired non-commissioned officers who have not been transferred to military rank after the reform of the soldier system shall be carried out with reference to the relevant provisions of these Regulations.
Article 92 After the retirement of officers and the retirement of officers at the rank of major general, they shall be placed and managed in accordance with the relevant provisions of the State Council and the Central Military Commission.
Where cadets of military academies and academies are discharged from active service in accordance with the law, they shall be enforced in accordance with the relevant provisions of the state.
The benefits and guarantees for retired servicemen who have been resettled in accordance with the method of self-employment shall be implemented in accordance with the relevant regulations of the State Council and the Central Military Commission.
Article 93: These Regulations take effect on September 1, 2024. The "Regulations on the Resettlement of Retired Soldiers" shall be repealed at the same time.