Reserve officers reserve law

1May 1995 10 Adopted at the 13th meeting of the Eighth NPC Standing Committee.

Decree No.48 of the President of the People's Republic of China was issued.

Effective from the date of 1996 1+0.

Chapter I General Principles

Article 1 This Law is formulated in accordance with the Constitution and the Military Service Law in order to improve the system of reserve officers, improve the mobilization system of national armed forces and strengthen the construction of national defense reserve forces.

Article 2 The term "reserve officers" as mentioned in this Law refers to the reserve personnel who have been designated as reserve officers at or above the platoon level or professional and technical posts at or above the junior level of the China People's Liberation Army, who have been awarded the corresponding rank of reserve officers and registered by the military service organs.

Article 3 Reserve officers shall be divided into officers, political officers, logistics officers and professional and technical officers according to the nature of their posts. According to the needs of peacetime management and wartime mobilization, officer reserve is divided into two categories: reserve officers serving in reserve forces and pre-assigned to active forces are the first category of officer reserve; Other reserve officers are officers of the second category.

Article 4 The General Political Department of the People's Liberation Army of China, under the leadership of the State Council and the Central Military Commission (CMC), is in charge of the management of reserve officers nationwide.

The political departments of major military regions, provincial military regions (garrison commands, garrison commands) and military sub-regions (garrison commands) are responsible for the management of reserve officers in their respective regions.

The people's armed forces departments of counties, autonomous counties, cities not divided into districts and municipal districts (hereinafter referred to as the county people's armed forces departments) shall be responsible for the specific management of reserve officers in their respective administrative areas.

Article 5 The relevant departments of the State Council and local people's governments at all levels shall, in accordance with the division of responsibilities and in accordance with the provisions of this Law and relevant laws and regulations, do a good job in the management of reserve officers.

Article 6 The units where reserve officers work shall support reserve officers to participate in military training, perform military duties and other military service obligations, and assist in the management of reserve officers.

Article 7 Reserve officers shall abide by the Constitution, laws, regulations and relevant military rules and regulations, participate in military training and military service activities, receive political education, enhance their organization and command ability and professional skills, and be ready for active service at any time.

Article 8 The State protects the lawful rights and interests of reserve officers according to law.

Reserve officers shall enjoy the right to serve in the officers' reserve as stipulated in this Law and enjoy the relevant treatment as stipulated by the state.

Article 9 Reserve officers who have made outstanding contributions to the performance of military service obligations shall be awarded awards, rendered meritorious service or awarded honorary titles in accordance with the relevant provisions of the Central Military Commission (CMC).

Units that have made outstanding achievements in the work of reserve officers shall be commended or rewarded in accordance with relevant regulations.

Chapter II Sources and Selection of Reserve Officers

Article 10 Reserve officers shall be selected from the following personnel:

(1) Officers and civilian cadres discharged from active service;

(2) Soldiers discharged from active service;

(3) People's armed cadres and militia cadres;

(4) Non-military graduates from institutions of higher learning;

(5) Other citizens who meet the basic requirements for reserve officers.

Article 11 Reserve officers shall meet the following basic requirements:

(a) be loyal to the motherland and abide by the Constitution, laws and regulations;

(2) Obeying orders and commands;

(3) The age for serving in the reserve of officers in accordance with the provisions of this Law;

(four) retired from active service or received military professional training and passed the examination, with scientific and cultural knowledge, organization and command ability or professional skills corresponding to their positions;

⑤ Good health.

Article 12 The scheme for selecting reserve officers shall be determined by the Central Military Commission (CMC) and implemented by the General Political Department of the People's Liberation Army of China in conjunction with relevant departments.

Article 13 In accordance with the provisions of Article 10 of this Law, reserve officers selected from retired officers and civilian cadres shall be transferred to the reserve service by the political organs of units at or above the regimental level, and shall be registered as reserve officers in the People's Armed Forces Department of the county where they are located after being approved according to the prescribed authority.

Selection of reserve officers from other personnel other than those specified in the preceding paragraph shall be handled in accordance with the following procedures:

(a) the grass-roots people's armed forces department or the unit recommended in accordance with the plans and conditions stipulated by the superior;

County People's Armed Forces Department for examination and confirmation;

Training units organize training;

(4)

(5) The county people's armed forces department shall register reserve officers.

Chapter III Post Grades and Positions of Reserve Officers

Article 14 The post grades of reserve military, political and logistics officers are divided into: full division post, deputy division post, full regiment post, deputy regiment post, full battalion post, deputy battalion post, full company post, deputy company post and full platoon post.

The post grades of reserve professional and technical officers are set as: senior professional and technical posts, intermediate professional and technical posts and junior professional and technical posts.

Article 15. Persons who are determined to serve in the officers' reserve shall determine their post grades.

The determination of the post grades of officers who have been discharged from active service and transferred to the officer reserve shall be handled in accordance with the appointment and removal authority of the corresponding post grades of officers in active service.

Other reserve officers other than those specified in the preceding paragraph shall be approved in accordance with the following authorities:

(a) the determination of the post grades of division-level officers and senior professional and technical officers shall be approved by the chief leaders of district-level units;

(2) The determination of the post grades of regimental officers and intermediate professional and technical officers shall be approved by the heads of units at the corps level that have the power to appoint and remove officers;

(3) The determination of the post grades of officers below the battalion level and junior professional and technical officers shall be approved by the division heads who have the power to appoint and remove officers.

Article 16 Reserve officers who serve in reserve and are pre-assigned to active forces shall be appointed and removed in accordance with the following provisions, in addition to determining their post grades in accordance with the provisions of Article 15 of this Law:

(1) The appointment and removal of officers at or above the battalion level and senior, intermediate and junior professional and technical officers shall be handled in accordance with the provisions of the third paragraph of Article 15 of this Law;

(2) Officers at company level, deputy company level and platoon level shall be appointed or removed by the regimental units with the power to appoint or remove officers.

Article 17 Reserve officers shall be assessed. The assessment work shall be jointly organized and implemented by the unit to which the reserve officers belong or the military service organ in conjunction with the relevant local departments in accordance with the relevant provisions of the state and the division of responsibilities. The assessment results serve as the main basis for the appointment and removal of reserve officers.

Article 18 The determination of post grades and the appointment and removal of reserve officers shall be handled in accordance with the procedures prescribed by the Central Military Commission (CMC).

Chapter IV Ranks of Reserve Officers

Article 19 The ranks of reserve officers are divided into the following three grades and eight grades:

(1) reserve general: reserve major general;

(2) Reserve school officials: reserve senior colonel, colonel, lieutenant colonel and major;

Reserve junior officers: reserve captains, lieutenants and second lieutenants.

Article 20 The ranks of reserve officers are divided into:

(1) Reserve military, political and logistics officers: reserve major general, senior colonel, colonel, lieutenant colonel, major, captain, lieutenant and second lieutenant;

(2) reserve professional and technical officers: reserve professional and technical major general, senior colonel, colonel, lieutenant colonel, major, captain, lieutenant and second lieutenant.

The ranks of reserve officers in the navy and the air force are preceded by "navy" and "air force" respectively.

Article 21 Reserve officers shall determine their ranks according to their posts.

The ranks of reserve military, political and logistics officers are as follows:

Full-time teachers: reserve senior colonel, major general;

Deputy division commander: reserve colonel and senior colonel;

Full regimental posts: reserve colonel and lieutenant colonel;

Deputy regimental posts: reserve lieutenant colonel and major;

Full-time posts: reserve major and lieutenant colonel;

Deputy battalion commander: reserve captain and major;

Company positions: reserve captain and lieutenant;

Deputy company posts: reserve lieutenant and captain;

Ranks: reserve second lieutenant and lieutenant.

Reserve professional and technical officers shall implement the following job grades and ranks:

Senior professional and technical positions: reserve professional and technical major general, senior colonel, colonel, lieutenant colonel and major;

Intermediate professional and technical positions: reserve professional and technical senior colonel, colonel, lieutenant colonel, major and captain;

Junior professional and technical positions: reserve professional and technical lieutenant colonel, major, captain, lieutenant and second lieutenant.

Article 22 The evaluation and conferment of the ranks of reserve officers shall be based on their post grades, ability and political integrity and work performance.

Article 23 The conferment of ranks on reserve officers shall be approved in accordance with the following provisions:

Reserve Major General and Senior Colonel shall be approved by chairman of the Central Military Commission;

(2) Reserve colonels shall be awarded with the approval of the leaders of district-level units;

(3) Reserve Lieutenant Colonel and Major shall be awarded with the approval of the heads of units at the corps level that have the power to appoint and dismiss officers;

(4) Reserve captains, lieutenants and second lieutenants have the right to appoint or remove officers with the approval of division heads.

Article 24 The ranks of reserve officers of officers and civilian cadres transferred to the reserve shall be determined according to their original ranks of active-duty officers or civilian cadres.

Article 25 The ranks of reserve officers shall be promoted in accordance with the following provisions:

(1) If an officer who has been approved to retire from active service and be transferred to the officer reserve reaches the promotion period and meets the prescribed conditions, the rank of the reserve officer may be one level higher than that of the original active officer;

(2) If the rank of reserve officer is promoted to be lower than the lowest rank of the new rank because of his post grade, he shall be promoted to the lowest rank of the new rank in advance;

(3) Officers from reserve lieutenant to reserve colonel, who meet the prescribed promotion conditions and years, may be promoted to the rank of reserve officer step by step within the scope of the establishment of the rank of post grade;

(4) The promotion of a reserve senior colonel to a reserve major general is conducted through election;

(5) Reserve officers who have made outstanding achievements in fulfilling their military service obligations may be promoted to the rank of reserve officers in advance.

The conditions, duration and procedures for promotion to the rank of reserve officers shall be formulated by the Central Military Commission (CMC).

Article 26 The promotion of the rank of reserve officers shall be approved in accordance with the following provisions:

(1) The promotion of reserve senior colonel to reserve major general and reserve senior colonel to reserve senior colonel shall be approved by chairman of the Central Military Commission;

(2) The promotion of reserve lieutenant colonel to reserve colonel shall be approved by the heads of units at the corps level;

(3) The promotion of a reserve major to a reserve lieutenant colonel or a reserve captain to a reserve major shall be approved by the heads of units at the corps level that have the power to appoint and remove officers;

(4) The promotion of a reserve lieutenant to a reserve captain and a reserve lieutenant to a reserve lieutenant shall be approved by the division head who has the power to appoint and remove officers.

Article 27 Reserve officers who violate military discipline may be downgraded in accordance with the relevant regulations of the Central Military Commission (CMC). The authority to approve the demotion of reserve officers' ranks is the same as the authority to approve the conferment of reserve officers' ranks at that level.

The demotion of reserve officers does not apply to reserve second lieutenant officers.

Article 28 A person whose status as a reserve officer has been revoked shall have his rank of reserve officer revoked. The authority to approve the cancellation of the rank of reserve officer is the same as the authority to approve the conferment of the rank of reserve officer at that level.

Article 29 If a reserve officer commits a crime and is sentenced to deprivation of political rights or fixed-term imprisonment of more than three years according to law, his rank as a reserve officer shall be deprived. The authority to approve the deprivation of the rank of reserve officer is the same as the authority to approve the conferment of the rank of reserve officer at that level.

Article 30 After a reserve officer retires from the reserve service, his rank as a reserve officer shall be retained, and the rank shall be preceded by "Retired".

Article 31 The epaulettes, symbol patterns and wearing methods of reserve officers' ranks shall be promulgated by the Central Military Commission (CMC).

Chapter V Registration and Recruitment of Reserve Officers

Article 32 The registration of reserve officers shall be handled by the County People's Armed Forces Department.

Persons who have retired from active service and decided to be transferred to the officer reserve shall register as reserve officers when reporting to the local resettlement department; Other personnel shall register as reserve officers at the same time when they are determined to serve in the reserve.

Persons who are designated to serve in the reserve of officers and work in state organs, social organizations, enterprises and institutions shall register as reserve officers at the people's armed forces department at the county level where their work units are located; Other personnel who are determined to serve in the reserve of officers shall register as reserve officers at the people's armed forces department at the county level where their household registration is located.

Article 33 Where reserve officers need to change their domicile due to job transfer or job transfer, they shall go through the transfer formalities within 30 days from the date of arrival at their new work units or residences, and go through the transfer formalities at the local people's armed forces department at the county level.

Thirty-fourth reserve officers in any of the following circumstances, the county people's Armed Forces Department shall cancel the registration of reserve officers:

1. Withdraw from reserve service.

2. Settle abroad;

③ death;

(4) Having lost the qualification of a reserve officer.

Thirty-fifth county people's armed forces departments must, in accordance with the provisions, conduct an annual inspection of reserve officers registered in their respective administrative areas and report statistical data step by step.

Article 36 After receiving the call-up, reserve officers must report to the designated place at the specified time. If it is temporarily impossible to convene due to injury or other reasons, it may be postponed after verification by the county people's armed forces department and approval by the military service organ at the next higher level.

Chapter VI Training of Reserve Officers

Article 37 Personnel who have not served in active service or received military professional training shall receive military professional training before being selected as reserve officers.

Article 38 Reserve officers shall receive military training and political education during their reserve service in accordance with the provisions of the Military Service Law and this Law.

Article 39 the State Council and the Central Military Commission (CMC) may, when necessary, decide to conduct emergency training for reserve officers. Reserve officers must receive emergency training in accordance with regulations.

Article 40 The military training program and political education plan for reserve officers shall be formulated by the General Staff Department, the General Political Department and the General Logistics Department of the China People's Liberation Army.

Article 41 The training of reserve officers serving in reserve forces or pre-assigned to active forces shall be organized and implemented by their units; The training of other reserve officers shall be organized and implemented by the military service organs. The work units where reserve officers work and the relevant departments of local people's governments shall provide assistance.

Chapter VII Treatment of Reserve Officers

Article 42 The performance of reserve officers in performing their military service obligations shall be regarded as one of the bases for the promotion of their posts and salary grades by their units; Those who have rendered meritorious service or been awarded the honorary title shall enjoy the rewards and preferential treatment given by the state and local governments to those who have rendered meritorious service equally.

Article 43 reserve officers shall dress in accordance with the regulations during military training and performing military tasks; Participants in National Day, Army Day and other major celebrations may wear uniforms of reserve officers, epaulettes and marks of reserve ranks.

Article 44 During the period when reserve officers participate in military training and perform military duties, if their work units are state organs, social organizations, enterprises and institutions, their wages and bonuses will be paid as usual by their units, and their welfare benefits will remain unchanged.

Other reserve officers other than those specified in the preceding paragraph shall be given allowances for lost time during their military training and tasks. Specific measures and standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Reserve officers who participate in military training and perform military duties shall be given food subsidies and reimbursed for round-trip travel expenses in accordance with state regulations.

Article 45 Reserve officers who participate in military training in accordance with regulations and complete training tasks shall be given appropriate subsidies according to their job grades. The subsidy standard is formulated by the Ministry of Finance, the General Staff Department, the General Political Department and the General Logistics Department of China People's Liberation Army, and the required funds are guaranteed by the central finance.

Article 46 Where reserve officers are killed or disabled due to military activities such as participating in military training and performing military duties, it shall be handled with reference to the provisions of the State on pensions and preferential treatment for servicemen.

Chapter VIII Retirement of Reserve Officers

Article 47 Reserve officers shall retire from the reserve service when they reach the maximum age for reserve service in peacetime.

Article 48 The maximum age for reserve military, political and logistics officers to serve in the reserve in peacetime is:

Fifty-five years old for a division-level post;

Fifty-five years old who holds a post at the regiment level;

Fifty years old who holds a battalion position;

At the age of forty-five, he holds a company-level position;

Forty years old in a platoon position.

A small number of reserve officers may, upon approval, extend the maximum age for reserve service in peacetime due to work needs, but the extension shall not exceed five years.

Article 49 The maximum age for reserve professional and technical officers to serve in the reserve in peacetime is:

Persons holding senior professional and technical positions have reached the age of 60;

Those who hold intermediate professional and technical positions have reached the age of 55;

Those who hold junior professional and technical positions are fifty years old.

Article 50 Reserve officers who have not reached the maximum age for reserve service in peacetime shall be discharged from the reserve service if they cannot continue to serve in the reserve service due to injury, disability or other reasons.

Article 51 The power of approval for reserve officers to leave the reserve service is the same as that stipulated in the third paragraph of Article 15 of this Law.

Chapter IX Legal Liability

Fifty-second reserve officers who violate discipline during military training and performing military tasks shall be given administrative sanctions in accordance with the relevant provisions of the Central Military Commission (CMC); If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 53 If reserve officers refuse or evade registration or military training and refuse to correct after education, the local people's government shall force them to perform their military service obligations.

If reserve officers in wartime refuse or evade conscription or military training, if the circumstances are serious, they shall be investigated for criminal responsibility according to law.

Article 54 Whoever accepts bribes, engages in malpractices for selfish ends or neglects his duties in the management of reserve officers, thus causing serious losses to the reserve work and constituting a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions according to law.

Those who obstruct reserve officers from participating in military training, performing military duties or performing other military service obligations shall be ordered by the local people's government to make corrections; Those who refuse to make corrections shall be given administrative sanctions according to law.

Chapter X Supplementary Provisions

Article 55 This Law shall apply to officers and reserve personnel of the China People's Liberation Army who have retired from active service in the Chinese People's Armed Police Force.

Article 56 This Law shall come into force as of June 1 0.