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中国人民解放军现役军官服役条例 Regulations of the Chinese People's Liberation Army on the Military Service of Officers in Active Service

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(Adopted at the Third Meeting of the Standing Committee of the Seventh National People's Congress on September 5, 1998. Amended in accordance with the Decision on the Revision of the Regulations of the Chinese People's Liberation Army on the Military Service of Officers in Active Service made at the Seventh Meeting of the Standing Committee of the Eighth National People's Congress on May 12, 1994)
颁布日期:19940512  实施日期:19890101  颁布单位:全国人大常委会

  Contents

  Chapter I General Provisions

  Chapter II Basic Requirements for officers in Active Service and Their Training.

  Chapter III Appraisal of Officers in Active Service and Their Appointment and Removal

  Chapter IV Awards and Penalties for Officers in Active Service

  Chapter V Material and Other Benefits for Officers in Active Service

  Chapter VI Officers' Retirement from Active Service

  Chapter VII Supplementary Provisions

  Chapter I General Provisions

  Article 1 The present Regulations are formulated for the purpose of building a contingent of revolutionary, younger, better educated and professional officers to facilitate the People's Liberation Army's fulfilment of the tasks assigned by the State.

  Article 2 Officers in active service in the People's Liberation Army are servicemen who hold posts at or above the level of platoon leader or specialized technical posts at or above the junior level and who have been granted military ranks at corresponding levels.

  By the nature of the posts they hold, officers are classified as operational officers, political officers, logistics officers and specialized technical officers.

  Article 3 In selecting and using officers, the principles of appointing people on their merits, stressing both political integrity and professional competence, attaching importance to actual performance and exchanging officers when appropriate must be adhered to, and democratic supervision exercised.

  Article 4 The State shall, on the principle of giving preferential treatment to servicemen, determine the various kinds of treatment for officers.

  Article 5 Officers who meet the provisions for retiring from active service as specified in the present Regulations shall retire from active service.

  Article 6 The General Political Department of the People's Liberation Army shall be responsible for managing the affairs concerning the officers of the entire Army, while the political departments of units at or above the regimental level shall be responsible for managing the affairs concerning the officers of their respective units.

  Chapter II Basic Requirements for Officers in Active Service and Their Training

  Article 7 Officers must meet the following basic requirements:

  (1) being loyal to the motherland, serving the people wholeheartedly, and devoting themselves to the cause of national defence;

  (2) observing the Constitution, laws and regulations, implementing State principles and policies and the Army's rules and regulations, and obeying orders and commands;

  (3) possessing sufficient understanding of theories and policies, scientific, general and specialized knowledge, the ability to organize and direct work, and good health-all needed for performing their duties; and

  (4) cherishing the soldiers, being fair and upright, being honest and clean in performing public duties, working hard, and fearing no sacrifice.

  Article 8 The People's Liberation Army shall apply a system whereby its members are promoted as officers only after they have received training in academies or schools.

  Operational, political and logistics officers who hold commanding posts at or below the battalion level shall be those trained in academies or schools for junior commanders; officers who hold commanding posts at the regimental or divisional level shall be those trained in academies or schools for intermediate commanders; and officers who hold commanding posts at or above the corps level shall be those trained in academies or schools for senior commanders.

  Officers who serve in offices shall be those trained in appropriate academies or schools.

  Specialized technical officers shall be those trained in appropriate academies or schools.

  Specialized technical officers shall be those trained in specialized technical academies or schools corresponding to their specialized technical posts.

  Outstanding soldiers may be promoted as officers after they have received training in academies or schools.

  Article 9 When the number of officers trained in military academies or schools cannot meet the needs, in peacetime, outstanding soldiers selected and trained in training institutions designated by the People's Liberation Army's general departments may be promoted to officers, or civilian college graduates and other specialized technical personnel may be enrolled into the Army and commissioned as officers; in wartime, officers may be appointed directly from among soldiers, officers called up from the reserve service and the personnel of non-military departments.

  Chapter III Appraisal of Officers in Active Service and Their Appointment and Removal

  Article 10 Leading cadres and political departments at various levels shall, in line with their division of responsibilities, appraise officers governed by them.

  The appraisal shall be conducted in a comprehensive way by the leaders together with the rank and file against the basic requirements for officers and the criteria for the appraisal of officers formulated by the Central Military Commission, with stress on actual performance. The results of the appraisal shall be taken as the main basis for appointing or removing officers.

  The appointment and removal of officers shall be preceded by appraisals; no appointment or removal shall be made without an appraisal.

  Article 11 The authority for the appointment and removal of officers is prescribed as follows:

  (1) officers from the Chief of the General Staff and the Director of the General Political Department down to the division commander shall be appointed or removed by the Chairman Military Commission;

  (2) officers at the level of deputy division commander (or brigade commander) and the level of regiment commander (or deputy brigade commander) and senior specialized technical officers shall be appointed or removed by the Chief of the General Staff, the Director of the General Political Department, the Director and the Political Commissar of the General Logistics Department, the commanders and political commissars of the major military commands and of the various services and arms, or the head(s) of units equivalent to the major military commands; officers at the level of regiment commander (or deputy brigade commander) in units equivalent to quasi major military commands shall be appointed or removed by the head(s) of those units;

  (3) officers at the level of deputy regiment commander and the level of battalion commander and intermediate specialized technical officers shall be appointed or removed by the commanders and political commissars of combined corps or the head(s) of units at the corps level which have the power to make such appointments and removals; officers serving as battalion commanders in an independent division shall be appointed or removed by the commander and political commissar of the independent division; and

  (4) officers at or below the level of deputy battalion commander and junior specialized technical officers shall be appointed or removed by the commander and political commissar of a division (or brigade) or the head(s) of a unit at the divisional (or brigade) level which has the power to make such appointments and removals.

  The appointment and removal of officers described in the preceding paragraph shall be conducted in accordance with the procedures prescribed by the Central Military Commission.

  Article 12 While emergency missions like battles or rescue or relief operations are being carried out, leading cadres at higher levels shall have the power tentatively to remove officers on their staff who disobey orders, refuse to perform their duties or are incompetent, and to assign other servicemen to take over their posts for the moment; when vacancies appear because of other reasons, they may assign servicemen to fill in the vacancies tentatively.

  The tentative removal of officers or assignment of servicemen to replace them made in accordance with the provisions of the preceding paragraph shall be reported as soon as possible to the higher authorities that have the power of appointment and removal for examination and approval in order to complete the procedure for appointment or removal.

  Article 13 The maximum age for operational, political and logistics officers in combat troops in peacetime shall be:

  30 for officers at the platoon level;

  35 for officers at the company level;

  40 for officers at the battalion level;

  45 for officers at the regimental level;

  50 for officers at the divisional level;

  55 for officers at the corps level; and

  63 for officers at the level of deputy commander of the major military command and 65 for officers at the level of commander of the major military command.

  The maximum age for officers at the battalion or regimental level aboard naval vessels shall be 45 and 50 respectively.

  The maximum age for a small number of the officers at the divisional or corps level in combat troops may be appropriately extended, provided this is necessitated by work and approved by the authorities with the prescribed power for appointment and removal. However, the maximum age extention for officers at the divisional level and at the level of corps commander shall not be more than five years while the maximum age extention for officers at the level of deputy corps commander shall not be more than three years.

  Article 14 The maximum age for officers at or below the regimental level in provincial military command (garrison command) systems, logistics bases and their branch departments, academies and schools, and scientific and technological institutions shall be determined in accordance with the provisions of the first paragraph of Article 13 of the present Regulations; the maximum age for officers at the divisional level shall be extended to 55 and for officers at the level of deputy corps commander or corps commander shall be 8 and 60 respectively.

  Article 15 The maximum age for officers at or below the battalion level in the offices of the various general departments and the offices of the major military commands of the People's Liberation Army shall be determined in accordance with the provisions of the first paragraph of Article 13 of the present Regulations; the maximum age for officers at the divisional level shall be 55; the maximum age for officers at the level of deputy corps commander or corps commander shall be 58 and 60 respectively. The maximum age for officers at the regimental level in the offices of the general departments shall be 45 and may be extended for five years when necessitated by work; the maximum age officers at the regimental level in the offices of the major military commands shall be 45, and the maximum age for a small number of such officers when necessitated by work may be extended for three years.

  The maximum age for officers holding the principal leading posts in the general departments shall be determined separately by the Standing Committee of the National People's Congress.

  Article 16 The maximum age for specialized technical officers in peacetime shall be :

  40 for junior specialized technical officers;

  48 for intermediate specialized technical officers; and

  60 for senior specialized technical officers.

  The maximum age for a small number of the intermediate and senior specialized technical officers may be appropriately extended for no more than five years, provided this is necessitated by work and approved by the departments which have the prescribed authority for appointment and removal.

  Article 17 The minimum term of office for the principal commanders at various levels in peacetime shall be:

  3 years for a principal commander at the platoon level;

  4 years for on at the company level;

  3 years for one at the battalion level;

  4 years for one at the regimental level; and

  3 years for one at the divisional (brigade) level.

  The minimum term of office for a principal commander at or above the corps level shall be determined separately by the Central Military Commission.

  The minimum term of office for the principal commander of a Class IV naval vessel, an air squadron and a guided missile company shall be three years; it shall be four years for the principal commander of a Class III naval vessel, an air group and a guided missile battalion.

  Article 18 The minimum term of office for chiefs of sections, subdivisions, divisions and departments and officers holding posts at corresponding levels in headquarters or academies and schools shall be determined with reference to the provisions of the first paragraph of Article 17 of the present Regulations.

  The minimum term of office for staff officers, clerical workers, secretaries, assistants, instructors, etc. shall be three years.

  Article 19 The minimum term of office for specialized technical officers shall be determined separately by the Central Military Commission.

  Article 20 Officers can be promoted to the next higher level by filling vacancies available in the authorized size of the staff on the strength of their political integrity and professional competence, but only after they have completed their minimum term of office.

  Officers who are outstanding in political integrity and professional competence and who have distinguished themselves in performing their duties may be promoted ahead of time if there is a special need to do so arising from work; those who are exceptionally good may be promoted by skipping a grade.

  Article 21 Officers shall be appointed within the authorized size of the staff and in accordance with the authorized grading of posts.

  Article 22 Officers who prove not qualified for their posts shall be transferred to posts at lower levels or to other jobs and their treatment shall be redetermined accordingly.

  Article 23 To meet the needs in the building of national defence, Army may send officers in active service to non-military departments to fulfil their assignments there.

  Article 24 Officers may switch over to civilian jobs in the Army in accordance with the relevant provisions of the Central Military Commission.

  Chapter IV Awards and Penalties for Officers in Active Service

  Article 25 Officers who have made significant contributions or achieved outstanding successes in battle or army building and those who have made considerable contributions to the State and the people's other fields of endeavour shall be awarded in accordance with the relevant provisions of the Central Military Commission.

  The awards shall fall into the following categories: Honourable Citation; Citation for Merit, Class III; Citation for Merit Class II; Citation for Merit, Class I; conferment of honourable tiles and other awards stipulated by the Central Military Commission.

  Article 26 Officers who have violated military discipline shall be given disciplinary sanctions in accordance with the relevant provisions of the Central Military Commission.

  The disciplinary sanctions shall fall into the following categories: warning; serious warning; recording of a demerit; recording of a serious demerit; demotion to a lower post, demotion to a lower rank or grade; dismissal from post; disciplinary discharge from the military service and other disciplinary sanctions prescribed by the Central Military Commission.

  Article 27 Officers who have been removed from office shall be appointed to new posts in the light of the specific circumstances under which they made mistakes; those who have not been appointed to new posts shall also be regraded for their posts and treatment.

  Article 28 Officers whose actions against the law and discipline constitute criminal offences shall be investigated for criminal responsibility in accordance with the law.

  Chapter V Material and Other Benefits for Officers in Active Service

  Article 29 A system linking salary to post and military rank and a regular salary increase system shall be instituted for officers, who shall also enjoy allowances and subsidies in accordance with the relevant regulations of the State and the Army. The specific measures shall be prescribed by the Central Military Commission.

  Officers shall continue to draw their salaries, when they in accordance with the relevant regulations receive off-service training, vacation, medical treatment or recuperation, or when they wait for new assignments after being relieved of their duties.

  Article 30 Officers shall enjoy tree medical care. The relevant departments shall do a good job of providing medical and health services for officers and make proper arrangements for their medical treatment and recuperation.

  Article 31 Officers shall be entitled to a vacation every year.

  Officers of units carrying out combat duties shall suspend their vacation.

  When the State issues an order of mobilization, officers on vacation who are required to return to their units in response to the order shall terminate their vacation and return to their units immediately.

  Article 32 Officers who are qualified to take along with them their dependents, i.e., their spouses and their children who have not come of age or who do not have the ability to live by themselves, may do so after obtaining approval from the political departments at or above the divisional (brigade) level, and those dependents who are from the countryside may have their domicile changed from rural to urban areas.

  When the units are shifted to other places for garrison duties or when the officers are assigned posts in other places, their dependents may accompany the officers.

  An officer who has reached the age of 50 but who has no son or daughter living with him or her may have one working son or daughter transferred to the place where he or she is stationed. If the son or daughter to be thus transferred is married, his or her spouse and his or her children who have not come of age or who do not have the ability to live by themselves may be transferred along with him or her.

  The assignment and transfer of jobs for officers' dependents who accompany the units of Army and for officers' children and their children's spouses transferred to the locations of these units shall be handled in accordance with the relevant provisions of the State Council and the Central Military Commission.

  Article 33 The affairs of dependents accompanying officers who have died in action or of diseases shall be handed over to the government. Specific measures shall be stipulated by the State Council and the Central Military Commission.

  Chapter VI Officers' Retirement from Active Service

  Article 34 Officers shall retire from active service when they reach the maximum age for active service in peacetime.

  The maximum age for officers in active service in peacetime shall be:

  55 for officers at the divisional level in combat troops; and

  58 for officers at the level of deputy corps commander and 60 for officers at the level of corps commander in combat troops.

  The maximum age for officers in active service at other levels shall be the same as the maximum age for their posts.

  Article 35 Officers who have not reached the maximum age for active service shall retire from active service if they fall into any of the following categories:

  (1) being unable to carry on normal work because of wound, illness or disability;

  (2) being not in a position to be reappointed because of limitations on the size of the staff;

  (3) being transferred from the corps to non-military departments; and

  (4) having to retire from active service because of other reasons.

  Article 36 Officers' retirement from active service shall be approved by the same authorities that have the power to approve their appointment and removal.

  Article 37 After they retire from active service, officers holding posts at or above the divisional level or senior specialized technical posts shall be treated as pensioners; some of them may be transferred to civilian jobs, or other arrangements may be made for them.

  After they retire from active service, officers holding posts at or below the regimental level or junior or intermediate specialized technical posts shall be transferred to civilian jobs, or other arrangements may be made for them.

  Officers to be transferred to civilian jobs may be given vocational training where necessary.

  Officers who have basically lost their ability to work before reaching the maximum age for active service shall be treated as pensioners after retiring from active service.

  As regards officers who have been in active service for 30 years or more, or who have been in active service and have worked for the State for a total of 30 years or more, or who are aged 50 or more at or above the divisional level may be treated as pensioners, provided that they are released from active service upon approval or their applications for retirement by the competent authorities; and those who are at the regimental level and not suitable for transference to civilian jobs or other arrangements may be treated as pensioners, provided their retirement is approved by the competent authorities.

  Article 38 Officers who have reached their maximum age for active service may leave their posts to rest if they meet the relevant State requirements for doing so. With approval, some may do so before they have reached the age while others may stay longer in active service because of work or other reasons.

  Article 39 The affairs of officers who have been retired from active service shall be administered by the government. Specific measures shall be prescribed by the State Council and the Central Military Commission.

  The affairs of officers who have left their posts to rest or who are at or above the corps level when they retire shall be administered in accordance with relevant regulations of the State Council and the Central Military Commission.

  Article 40 Junior specialized technical officers who have served for less than eight years officers at the platoon level who have not reached their maximum age for active service, and officers holding posts at or above the company level who have not completed their minimum term of office shall not be permitted to retire from active service, except by decision or approval of the competent authorities.

  Officers whose applications for retiring from active service ahead of schedule in peacetime have been rejected but who still insist on retiring from active service despite persuasion shall be allowed to do so after being demoted by way of disciplinary sanction or deprived of their status as officers.

  Chapter VII Supplementary Provisions

  Article 41 The General Political Department of the People's Liberation Army shall, in accordance with the present Regulations, formulate measures for their implementation, which shall come into force after being submitted to and approved by the State Council and the Central Military Commission.

  Article 42 The present Regulations shall go into effect as of January 1, 1989. The Regulations on the Military Service of Cadres of the Chinese People's Liberation Army, which was approved by the Standing Committee of the Fifth National People's Congress on August 18, 1978 and promulgated by the State Council and the Central Military Commission on August 19, 1978, shall be annulled as of the same date.

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