Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly (Amended in 2018)
Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly (Amended in 2018)
Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly (Amended in 2018)
Order of the President of the People's Republic of China No.24
December 29, 2018
(Adopted at the 21th Session of the Standing Committee of the Eighth National People's Congress on August 29, 1996; amended for the first time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending Certain Laws adopted at the Tenth Session of the Standing Committee of the 11th National People's Congress on August 27, 2009; revised at the 30th Session of the Standing Committee of the 11th National People's Congress on December 28, 2012; amended for the second time pursuant to the Decision of the Standing Committee of the National People's Congress on Revising Six Laws Including the Electric Power Law of the People's Republic of China adopted at the 14th Session of the Standing Committee of the 12th National People's Congress on April 24, 2015; and amended for the third time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending Seven Laws Including the Labor Law of the People's Republic of China adopted at the Seventh Session of the Standing Committee of the 13th National People's Congress on December 29, 2018)
Contents
Chapter I General Provisions
Chapter II Maintenance and Support by Families
Chapter III Social Security
Chapter IV Social Service
Chapter V Social Preferential Treatment
Chapter VI Favorable Environment
Chapter VII Participation in Social Development
Chapter VIII Legal Liabilities
Chapter IX Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted under the Constitution of the People's Republic of China with a view to securing the lawful rights and interests of the elderly, developing the undertakings related to the elderly and carrying forward the traditional Chinese virtue of respecting, maintaining and supporting the elderly.
Article 2 For the purpose of the Law, the elderly refers the citizens at or above the age of 60.
Article 3 The State secures the rights and interests entitled to the elderly by law.
The elderly have the right to obtain material assistance from the State and the society, to enjoy social services and social preferential treatments, and to participate in social development and share the development achievements.
Discriminating against, insulting, maltreating or forsaking the elderly is forbidden.
Article 4 Actively responding to the aging of the population is a long-term strategic task for the Chinese government.
The State and the society shall take measures, perfect various systems for securing the rights and interests of the elderly, and improve the conditions for the elderly in terms of livelihood, healthcare, safety and participation in social development, so that they are provided for, have access to necessary medical care, have opportunities for their own pursuits and study, and enjoy themselves.
Article 5 The State shall develop a multi-layered social security system and boost the security level for the elderly in a gradual manner.
The State shall establish and improve a social old-age service system based on individual families, backed by communities and supported by different institutions.
Taking good care of the elderly shall be carried forward in the society.
Article 6 People's government at all levels shall include the elderly undertakings into the national economic and social development plan, incorporate the appropriation for the elderly undertakings in the fiscal budget, establish a stable financial support mechanism, and encourage investment from all sectors of society to facilitate a harmonious development of the elderly undertakings with the economy and society.
The State Council shall formulate a national plan on the elderly. Then the people's governments at or above the county level shall formulate the local development plan and annual plan on the elderly within the corresponding jurisdiction accordingly.
The institutions responsible for the aging-related work in the local people's government at or above the county level are responsible for organizing, cooperating, guiding and supervising the relevant departments to ensure the work of protecting the rights and interests of the elderly goes smoothly.
Article 7 Guaranteeing the rights and interests of the elderly is a shared responsibility for the whole society.
The State organs, social organizations, enterprises and public institutions and other organizations shall, based on their own duties, get done the work involving guaranteeing the rights and interests of the elderly.
Grassroots autonomous organizations and organizations of the elderly established by law shall present demands of the elderly, protect the lawful rights and interests of the elderly and serve the elderly.
It shall be advocated and encouraged to serve the elderly.
Article 8 The State shall deliver education about the national condition of population ageing in China, and strengthen the awareness of proactively responding to the population ageing.
Publicity and educational campaigns shall be launched throughout the whole society for respecting, caring for and providing for the elderly to establish the social values under which the elderly are respected, taken care of and helped.
Youth organizations, schools and kindergartens shall carry out moral education on respecting, providing for and helping the elderly and education in legal system on protecting the lawful rights and interests of the elderly among the youth and children.
The life of the elderly shall be presented in radio program, film, television program, newspaper and internet. And the dissemination of protecting the legitimate rights and interests of the elderly shall also be carried out to serve the elderly.
Article 9 The State shall support the scientific research on the elderly, and set up systems for statistical survey into and release of the situation of the elderly.
Article 10 People's governments at all levels and the relevant departments shall, according to the relevant State regulations, commend or reward the organizations, households or individuals who make remarkable achievements in protecting the legitimate rights and interests of the elderly, and respecting, providing for and helping the elderly, as well as the elderly who have made outstanding contribution while participating in social development.
Article 11 The elderly shall observe law and discipline, and fulfill obligations as provided by law.
Article 12 The ninth day of the ninth lunar month in the traditional Chinese calendar shall be the Elderly Day.
Chapter II Maintenance and Support by Families
Article 13 The elderly are basically provided for under home-base care, and the family members shall respect, care for and look after the elderly.
Article 14 Supporters of the elderly shall perform the obligations to financially provide for the elderly, take care of them in daily life and spiritually comfort them, and cater to their special needs.
The supporters refer to the sons and daughters of the elderly and other people who are under the legal obligation to support the elderly.
The spouses of the supporters shall assist the supporters in performing their obligation to support the elderly.
Article 15 Supporters shall provide timely treatment and nursing care for the elderly suffering from illnesses; and they shall pay medical expenses for the elderly in economic hardship.
For the elderly who cannot take care of themselves, the supporters shall take on the due obligations of taking care; in case of failing to take care in person, they shall, obey the will of the elderly, entrust others or elderly care institutions for the aged to take care.
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Order of the President of the People's Republic of China No.24
December 29, 2018
(Adopted at the 21th Session of the Standing Committee of the Eighth National People's Congress on August 29, 1996; amended for the first time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending Certain Laws adopted at the Tenth Session of the Standing Committee of the 11th National People's Congress on August 27, 2009; revised at the 30th Session of the Standing Committee of the 11th National People's Congress on December 28, 2012; amended for the second time pursuant to the Decision of the Standing Committee of the National People's Congress on Revising Six Laws Including the Electric Power Law of the People's Republic of China adopted at the 14th Session of the Standing Committee of the 12th National People's Congress on April 24, 2015; and amended for the third time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending Seven Laws Including the Labor Law of the People's Republic of China adopted at the Seventh Session of the Standing Committee of the 13th National People's Congress on December 29, 2018)
Contents
Chapter I General Provisions
Chapter II Maintenance and Support by Families
Chapter III Social Security
Chapter IV Social Service
Chapter V Social Preferential Treatment
Chapter VI Favorable Environment
Chapter VII Participation in Social Development
Chapter VIII Legal Liabilities
Chapter IX Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted under the Constitution of the People's Republic of China with a view to securing the lawful rights and interests of the elderly, developing the undertakings related to the elderly and carrying forward the traditional Chinese virtue of respecting, maintaining and supporting the elderly.
Article 2 For the purpose of the Law, the elderly refers the citizens at or above the age of 60.
Article 3 The State secures the rights and interests entitled to the elderly by law.
The elderly have the right to obtain material assistance from the State and the society, to enjoy social services and social preferential treatments, and to participate in social development and share the development achievements.
Discriminating against, insulting, maltreating or forsaking the elderly is forbidden.
Article 4 Actively responding to the aging of the population is a long-term strategic task for the Chinese government.
The State and the society shall take measures, perfect various systems for securing the rights and interests of the elderly, and improve the conditions for the elderly in terms of livelihood, healthcare, safety and participation in social development, so that they are provided for, have access to necessary medical care, have opportunities for their own pursuits and study, and enjoy themselves.
Article 5 The State shall develop a multi-layered social security system and boost the security level for the elderly in a gradual manner.
The State shall establish and improve a social old-age service system based on individual families, backed by communities and supported by different institutions.
Taking good care of the elderly shall be carried forward in the society.
Article 6 People's government at all levels shall include the elderly undertakings into the national economic and social development plan, incorporate the appropriation for the elderly undertakings in the fiscal budget, establish a stable financial support mechanism, and encourage investment from all sectors of society to facilitate a harmonious development of the elderly undertakings with the economy and society.
The State Council shall formulate a national plan on the elderly. Then the people's governments at or above the county level shall formulate the local development plan and annual plan on the elderly within the corresponding jurisdiction accordingly.
The institutions responsible for the aging-related work in the local people's government at or above the county level are responsible for organizing, cooperating, guiding and supervising the relevant departments to ensure the work of protecting the rights and interests of the elderly goes smoothly.
Article 7 Guaranteeing the rights and interests of the elderly is a shared responsibility for the whole society.
The State organs, social organizations, enterprises and public institutions and other organizations shall, based on their own duties, get done the work involving guaranteeing the rights and interests of the elderly.
Grassroots autonomous organizations and organizations of the elderly established by law shall present demands of the elderly, protect the lawful rights and interests of the elderly and serve the elderly.
It shall be advocated and encouraged to serve the elderly.
Article 8 The State shall deliver education about the national condition of population ageing in China, and strengthen the awareness of proactively responding to the population ageing.
Publicity and educational campaigns shall be launched throughout the whole society for respecting, caring for and providing for the elderly to establish the social values under which the elderly are respected, taken care of and helped.
Youth organizations, schools and kindergartens shall carry out moral education on respecting, providing for and helping the elderly and education in legal system on protecting the lawful rights and interests of the elderly among the youth and children.
The life of the elderly shall be presented in radio program, film, television program, newspaper and internet. And the dissemination of protecting the legitimate rights and interests of the elderly shall also be carried out to serve the elderly.
Article 9 The State shall support the scientific research on the elderly, and set up systems for statistical survey into and release of the situation of the elderly.
Article 10 People's governments at all levels and the relevant departments shall, according to the relevant State regulations, commend or reward the organizations, households or individuals who make remarkable achievements in protecting the legitimate rights and interests of the elderly, and respecting, providing for and helping the elderly, as well as the elderly who have made outstanding contribution while participating in social development.
Article 11 The elderly shall observe law and discipline, and fulfill obligations as provided by law.
Article 12 The ninth day of the ninth lunar month in the traditional Chinese calendar shall be the Elderly Day.
Chapter II Maintenance and Support by Families
Article 13 The elderly are basically provided for under home-base care, and the family members shall respect, care for and look after the elderly.
Article 14 Supporters of the elderly shall perform the obligations to financially provide for the elderly, take care of them in daily life and spiritually comfort them, and cater to their special needs.
The supporters refer to the sons and daughters of the elderly and other people who are under the legal obligation to support the elderly.
The spouses of the supporters shall assist the supporters in performing their obligation to support the elderly.
Article 15 Supporters shall provide timely treatment and nursing care for the elderly suffering from illnesses; and they shall pay medical expenses for the elderly in economic hardship.
For the elderly who cannot take care of themselves, the supporters shall take on the due obligations of taking care; in case of failing to take care in person, they shall, obey the will of the elderly, entrust others or elderly care institutions for the aged to take care.
......