Military Service Law of the People's Republic of China (Revised in 1998)

Chapter I General Provisions
　
Article 1 This Law is enacted pursuant to Article 55 of the Constitution of the People's Republic of China which stipulates, " it is the sacred duty of every citizen of the People's Republic of China to defend the motherland and resist aggression. It is the honourable duty of citizens of the People's Republic of China to perform military service and join the militia in accordance with the law," and in accordance with other relevant provisions of the Constitution.
　
Article 2 The People's Republic of China practises a military service system which combines conscripts with volunteers and a militia with a reserve service.
　
Article 3 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.
Exemptions from military service shall be granted to persons unfit for it owing to serious physical defects or serious deformities.
Persons deprived of political rights by law may not perform military service.
　
Article 4 The armed forces of the People's Republic of China shall be composed of the Chinese People's Liberation Army, the Chinese People's Armed Police Force and the Militia.
　
Article 5 The military service shall comprise an active service and a reserve service. Those serving in the Chinese People's Liberation Army are active servicemen while those regimented into militia organizations or registered in the reserve service are reservists.
　
Article 6 The active servicemen and reservists must abide by the Constitution and the law, and shall perform their duties and at the same time enjoy their rights as citizens; their rights and duties resulting from their joining the military service shall be specified separately in military regulations in addition to the provisions of this Law.
　
Article 7 Active servicemen must abide by the rules and regulations of the army, faithfully discharge their duties and always be ready to fight for the defence of the motherland.
Reservists must participate in military training according to the regulations and always be ready to join the army and take part in war for the defence of the motherland.
　
Article 8 Medals, decorations or titles of honour shall be given to active servicemen and reservists who perform meritorious deeds.
　
Article 9 The People's Liberation Army shall practise a system of military ranks.
　
Article 10 Responsibility for military service work throughout the country shall be assumed by the Ministry of National Defence under the leadership of the State Council and the Central Military Commission.
The military commands shall be responsible for military service work within their respective areas as assigned by the Ministry of National Defence.
The provincial commands (garrison commands), sub-commands (garrison commands) and the departments of people's armed forces of counties, autonomous counties, cities and municipal districts shall concurrently act as the military service organs of the people's governments at corresponding levels and shall be responsible for military service work in their respective areas under the leadership of military organs at higher levels and the people's governments at corresponding levels.
Government organs, public organizations, enterprises and institutions and the people's governments of townships, nationality townships, and towns shall carry out military service work according to the provisions of this Law. Professional work concerning military service shall be handled by the department of people's armed forces or by a designated department where there is no such department.

Chapter II Enlistment in Peacetime
　
Article 11 The number of citizens to be enlisted for active service each year, the requirements for them to be enlisted and the time schedule for enlistment shall be prescribed by order of the State Council and the Central Military Commission.
　
Article 12 Each year, male citizens who have reached 18 years of age by December 31 shall be enlisted for active service. Those who are not enlisted during the year shall remain eligible for active service until they are 22.
To meet the needs of the armed forces, female citizens may be enlisted for active service according to the provision of the preceding paragraph.
To meet the needs of the armed forces and on the principle of voluntary participation, male and female citizens who have not yet reached 18 years of age by December 31 of a certain year may be enlisted for active service.
　
Article 13 Each year, male citizens who will be 18 years old by December 31 shall be registered for military service by September 30 according to the arrangements of the military service organs of counties, autonomous counties, cities or municipal districts. Those who have registered and have passed the preliminary examination are called citizens eligible for enlistment.
　
Article 14 During the period of enlistment, citizens eligible for enlistment shall, upon notification by the military service organs of counties, autonomous counties, cities or municipal districts, go to the designated health centres in time for physical examination.
Citizens eligible for enlistment who are qualified for active service shall be enlisted for such service upon approval by the military service organs of counties, autonomous counties, cities or municipal districts.
　
Article 15 The enlistment of a citizen eligible for enlistment may be deferred if he is the only worker in his family providing its means of subsistence or if he is a student in a full-time school.
　
Article 16 A citizen eligible for enlistment shall not be enlisted if he is detained for investigation, prosecution or trial, or if he has been sentenced to imprisonment, criminal detention or public surveillance and is serving his sentence.

Chapter III Active Service and Reserve Service of Soldiers
　
Article 17 There shall be two types of soldiers: conscripts and volunteers.
　
Article 18 The term of active service for a conscript is two years.
　
Article 19 Upon the expiration of his term of active service, a conscript may, according to need of the armed forces and on the basis of his own free will, change to a volunteer with approval by a unit at or above the regimental level.
A system of active service for different terms shall be instituted for volunteers.
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