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Military Service Law of China (2021)

兵役法

Type of laws Law

Issuing body Standing Committee of the National People's Congress

Promulgating date Aug 20, 2021

Effective date Oct 01, 2021

Validity status Valid

Scope of application Nationwide

Topic(s) Military Law

Editor(s) Huang Yanling 黄燕玲

Military Service Law was promulgated on 31 May 1984, and amended in 1998, 2009, 2011 and 2021 respectively. The latest revision entered into force on 1 Oct. 2021.

There are 65 articles in total. The Law aims to regulate and strengthen the national military service work, guarantee that citizens perform military service in accordance with the law, ensure the replenishment and reserve of army members, and build and consolidate national defense and a strong army.

The key points are as follows:

  1. The People’s Republic of China shall implement a military service system based on voluntary military service, which combines voluntary military service with compulsory military service. All citizens of the People’s Republic of China, regardless of ethnic status, race, occupation, family background, religious belief and education, have the obligation to perform military service according to the provisions of this Law. Citizens with serious physical defects or severe disabilities that make them unfit for military service shall be granted exemptions. Citizens who have been deprived of their political rights in accordance with the law are not allowed to perform military service.

  2. Male citizens who have reached the age of 18 shall be enlisted for active service. Those who are not enlisted at the age of 18 may still be enlisted for active service before the age of 22. The enlistment age can be relaxed to 24 years old for graduates of regular higher education institutions, and to 26 years old for postgraduates. To meet the needs of the armed forces, female citizens may be enlisted for active service according to the provision of the preceding paragraph, and citizens over the age of 17 but under the age of 18 may be enlisted for active service.

  3. For compulsory servicemen discharged from active service, the State shall properly resettle them by means of self-employment, job assignment, and government support. For non-commissioned officers discharged from active service, the State shall properly resettle them by means of monthly retirement pay, self-employment, job assignment, retirement, and government support. For commissioned officers discharged from active service, the State shall properly resettle them by means of retirement, transfer to civilian work, monthly retirement pay, and demobilization, and the conditions applicable to such measures shall be governed by the relevant laws and regulations.

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