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Law on the Protection of the Status and Rights and Interests of Military Personnel of China (2021)

军人地位和权益保障法

Type of laws Law

Issuing body Standing Committee of the National People's Congress

Promulgating date Jun 10, 2021

Effective date Aug 01, 2021

Validity status Valid

Scope of application Nationwide

Topic(s) Military Law

Editor(s) Huang Yanling 黄燕玲

Law on the Protection of the Status and Rights and Interests of Military Personnel was promulgated on 10 June 2021, and entered into force on 1 Aug. 2021.

There are 71 articles in total. The Law aims to safeguard the status and legitimate rights and interests of military personnel, motivate military personnel to perform their duties and missions, and promote the modernization construction of national defense and the army.

The key points are as follows:

  1. The political affairs authority of the Central Military Commission, the competent authority of veterans affairs under the State Council, the relevant Central and State authorities, and the relevant departments of the Central Military Commission shall, in accordance with the division of their functions and duties, effectively protect the status and rights and interests of military personnel. Local people’s governments at or above the county level shall be responsible for protecting the status and rights and interests of military personnel within their respective administrative regions.

  2. The State shall provide guarantees for military personnel to discharge their functions and duties. Military personnel shall be protected by law while performing their functions and duties in accordance with the law. The State shall establish a system for guaranteeing the benefits of military personnel to ensure the military personnel’s performance of their duties and missions, and to guarantee the living standards of military personnel and their families.

  3. The State shall establish and improve a military honors system, give meritorious and honorary commendations to military personnel with outstanding achievements and contributions by granting medals or honorary titles, recording merit, commendation and awarding commemorative medals, and commend military personnel for their dedication and sacrifices to the State and the people.

  4. The State and society shall respect the dedication and sacrifices made by military personnel and their families for national defense and army building, give preferential treatment to military personnel and their families, provide pensions and preferential treatment to the families of martyrs, of military personnel who died in line of duty or died of disease, and ensure the livelihood of disabled military personnel. The State shall establish a guarantee system for providing pensions and preferential treatments, reasonably determine the standards for pensions and preferential treatments, and gradually improve the level of pensions and preferential treatments.

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