Regulations on the Pension and Preferential Treatments for Military Personnel (Revised in 2011)
Regulations on the Pension and Preferential Treatments for Military Personnel (Revised in 2011)
Regulations on the Pension and Preferential Treatments for Military Personnel (Revised in 2011)
Order of the State Council and the Central Military Committee No.602
July 29, 2011
(Issued according to the Order of the State Council and the Central Military Committee No. 413 on August 1, 2004; revised according to the Decision of the Sate Council and the Central Military Commission on Revising the Regulations on the Pension and Preferential Treatments for Military Personnel on July 29, 2011)
Chapter I General Provisions
Article 1 This Regulation is formulated in accordance with the "Law of the People's Republic of China on National Defense", the "Military Service Law of the People's Republic of China " and other relevant laws so as to guarantee the pensions and preferentil treatments granted by the State to military personnel, inspire military personnel's devotion spirits of defending the motherland and building the motherland, and strengthen national defense and army building.
Article 2 The active military personnel of Chinese People's Liberation Army (hereinafter referred to as active military personnel), the disabled military personnel who serve in the army or have been discharged from active service, the demobilized military personnel, the discharged military personnel, the dependants of martyrs, and the dependants of those military personnel who sacrificed in action or died of disease, the family members of active military personnel, shall be the objects of pensions and preferential treatments as prescribed in this Regulation, and may enjoy pensions and preferential treatments in accordance with this Regulation.
Article 3 The principle of combining the State and the general public in implementing the policy of pensions and preferential treatments to military personnel. It shall be guaranteed that the pensions and preferential treatments for military personnel are in match with national economic and social development, and the level of life of those enjoying pensions and preferential treatments shall be no lower than the local average living standard.
The general public shall show solicitude for and respect to those enjoying pensions and preferential treatments, and carry out various forms of activities to support the army and give favorable treatment to their dependants.
The State encourages social organizations and individuals to provide donations to the undertaking of pensions and preferential treatments for military personnel.
Article 4 The State and the general public shall stress and strengthen the work of pensions and preferential treatments for military personnel.
The expenses needed in pensions and preferential treatments for military personnel shall be borne by the State Council and the local people's governments at all levels. The expenses arranged from the treasury of the Central Government or the local governments for pensions and preferential treatments for military personnel shall be used for such purpose only, and be subject to the supervision of the public finance department and the auditing department.
Article 5 The civil affairs institution of the State Council shall be in charge of the work of pensions and preferential treatments for military personnel throughout China; the civil affairs department of a local people's government at the county level or above shall be in charge of the work of pensions and preferential treatments for military personnel within its own jurisdiction.
The State organs, social organizations, enterprises and public institutions shall perform their respective responsibilities and obligations concerning pensions and preferential treatments for military personnel in accordance with the law.
Article 6 The people's government at each level shall commend and encourage the entities and individuals who made prominent achievements in the work of pensions and preferential treatments for military personnel.
Chapter II Death Pensions
Article 7 Where an active military personnel who has died is approved as a martyr or is confirmed to have sacrificed in action or died of disease, his dependents may enjoy pensions in accordance with this Regulation.
Article 8 Where an active military person who has died is under any of the following circumstances, he or she shall be approved as a martyr:
1. He or she died when fighting against the enemy, or was injured when fighting against the enemy but died of the injury before the medical treatment was finalized;
2. He or she was killed by the enemy or criminal due to execution of tasks, or was killed or afflicted to death by the enemy due to tenacity after he was captured or arrested;
3. He or she died of rescuing or protecting the property of the State or the people or the life of people, or died of participation in dealing with an emergent incident;
4. He or she died of executing a military manoeuvre, navigation or flight for war preparedness, airborne training or missile launching training, or trial navigation or flight task, or of participating in scientific research experiment on weapons and outfits;
5. He or she died in the execution of a diplomatic mission or in an overseas aid provided by the State or the task of maintaining international peace; and
6. Other particularly prominent circumstances of death, under which he or she may be considered as a model for later generations.
Where an active military personnel was missing in executing a task of fighting against the enemy, in performing frontier or coastal defense, or in executing an emergency rescue and relief task, and his death was declared through legal procedures, he shall be treated as a martyr.
To be approved as a martyr, the active military person who died of war is subject to approval by the political organ of the military entity at or above the regiment level; where the active military person who did not die of war is subject to approval by the political organ of the military entity at or above the army level; the active military person who is under any of the circumstances prescribed in Item 6 of Paragraph 1 of this Article is to be subject to approval by the General Political Department of Chinese People's Liberation Army.
Article 9 Where an active military personnel who has died is under any of the following circumstances, he shall be confirmed to have sacrificed in action:
1. He died of an unexpected incident when executing a task or on his way to or back from work;
2. He died due to recrudescence from the past injury after he was ascertained to become disabled due to war or duty;
3. He died of an occupational disease;
4. He died suddenly due to a disease when executing a task or working on his position, or died due to a medical malpractice; and
5. Other circumstances of death due to duty.
Where an active military personnel was missing when executing a task other than fighting against the enemy or performing frontier or coastal defense, or emergency rescue and relief, and his death was declared through legal procedures, he shall be treated as having sacrificed in action.
An active military personnel's sacrifice in action shall be subject to confirmation by the political organ of the military entity at the regiment level or above; if he is under the circumstance prescribed in Item (5) of Paragraph 1 of this Article, his sacrifice in action shall be subject to confirmation by the political organ of the military entity at the army level or above.
Article 10Where, in addition to the circumstances prescribed in Items (3) and (4) of Paragraph 1 of Article 9, an active military personnel who died of any other disease, he shall be confirmed to have died of disease.
Where an active military personnel died or was missing when he was not executing any task, and his death was declared through legal procedures, he shall be treated as having died of disease.
An active military personnel who died of disease shall be subject to confirmation by the political organ of the military entity at the regiment level or above.
Article 11 The civil affairs department of the people's government at the county level shall issue a "Certificate of the People's Republic of China for Martyr", a "Certificate of the People's Republic of China for Military Personnel Who Sacrificed in Action" and a "Certificate of the People's Republic of China Military Personnel Who Died of Disease" separately to the dependents of martyrs, of military personnel who sacrificed in action, and of military personnel who died of disease.
Article 12 Where an active military person who died of war is approved as a martyr, martyr recognition funds are to be granted to the survivors of such martyr according to the Martyrs Recognition Regulations.
Article 13 Where an active military person dies, the civil affairs department of the people's government at the county level is to, according to the nature of his or her death and the amount of his or her monthly wage when he dies, pay a lump-sum pension to his or her dependents.
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