Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly (2018 Amendment)

Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly (2018 Amendment) Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly (Adopted at the 21st meeting 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 on Amending Some Laws at the 10th meeting of the Standing Committee of the Eleventh National People's Congress on August 27, 2009; amended at the 30th meeting of the Standing Committee of the Eleventh National People's Congress on December 28, 2012; amended for the second time in accordance with the Decision on Amending the Six Laws Including the Electric Power Law of the People's Republic of China adopted at the 14th Session of the Twelfth National People's Congress on April 24, 2015; and amended for the third time according to the Decision of the Standing Committee of the National People's Congress to Amend Seven Laws Including the Labor Law of the People's Republic of China adopted at the Seventh Session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on December 29, 2018) Table of Contents Chapter I General Provisions Chapter II Maintenance and Support by Families Chapter III Social Security Chapter IV Social Services Chapter V Social Preferential Treatment Chapter VI Livable Environment Chapter VII Participation in Social Development Chapter VIII Legal Liability Chapter IX Supplementary Provisions Chapter I General Provisions Article 1 This Law is formulated in accordance with the Constitution to protect the lawful rights and interests of the elderly, develop the undertakings related to the elderly, and promote the Chinese people's virtues of respecting, providing for and helping the elderly. Article 2 For the purpose of this Law, “the elderly” refers to citizens at or above the age of 60. Article 3 The state shall protect the lawful rights and interests of the elderly. The elderly shall have the right to obtain material assistance from the state and society, the right to enjoy social services and social preferential treatment and the right to participate in social development and share the achievements in development. Discriminating against, insulting, maltreating or abandoning the elderly shall be forbidden. Article 4 Actively responding to the ageing of population is a long-term strategic task of the state. The state and society shall take measures to improve various rules for the protection of the rights and interests of the elderly, and gradually better the conditions that guarantee the living, health and safety of the elderly and their participation in social development, so that they are provided for, have access to necessary medical care, have opportunities for their own pursuits and studies and enjoy themselves. Article 5 The state shall establish a multi-level social security system to gradually increase the security level for the elderly. The state shall establish and improve the social elderly care service system which is based on families and supported by communities and institutions. The whole society shall be encouraged to provide preferential treatment for the elderly. Article 6 The people's governments at all levels shall bring the undertakings related to the elderly into the national economic and social development plans, include the funds for the undertakings related to the elderly into financial budgets, establish a stable fund guarantee mechanism, and encourage all sectors of society to make investment in these undertakings, so that these undertakings and the economy and society can develop in a harmonious manner. The State Council shall formulate national development plans for the undertakings related to the elderly. The local people's governments at the county level or above shall, in accordance with the national development plans for the undertakings related to the elderly, formulate development plans and annual plans for the undertakings related to the elderly within their respective administrative regions. The institutions of the people's governments at the county level or above which are in charge of the ageing work shall be responsible for organizing, coordinating, directing and urging relevant departments so as to effectively protect the rights and interests of the elderly. Article 7 It is the duty of the whole society to protect the lawful rights and interests of the elderly. Sate organs, social groups, enterprises, public institutions and other organizations shall, in accordance with their own functions and responsibilities, effectively protect the rights and interests of the elderly. Grassroots self-governing organizations and organizations of the elderly established in accordance with law shall reflect demands raised by the elderly, safeguard the lawful rights and interests of the elderly and serve the elderly. Voluntary service for the elderly shall be advocated and encouraged. Article 8 The state shall conduct education in the country's situation of ageing of the population, and enhance the awareness of the entire society to actively respond to the ageing of the population. The publicity and education on respecting, providing for and helping the elderly shall be extensively carried out throughout the country to establish the social values under which the elderly are respected, cared for and helped. The organizations of juveniles, schools and kindergartens shall carry out moral education on respecting, providing for and helping the elderly and education in the legal system on protecting the lawful rights and interests of the elderly among young people and children. Radio programs, films, television programs, newspapers and periodicals, internet and so on shall serve the elderly by reflecting the life of the elderly and carrying out publicity on protecting the lawful rights and interests of the elderly. Article 9 The state shall support the ageing scientific research, and establish a system for statistical survey and release of the situation of the elderly. Article 10 The people's governments at all levels and relevant departments shall, in accordance with the relevant provisions of the state, commend or reward the organizations, families or individuals that have made outstanding achievements in protecting the lawful rights and interests of the elderly and respecting, providing for and helping the elderly, and the elderly who have made outstanding contributions in their participation in social development. Article 11 The elderly shall observe disciplines and laws and fulfill the obligations prescribed by law. Article 12 The ninth day of September in the lunar calendar each year shall be the Day of Older Persons. Chapter II Maintenance and Support by Families Article 13 The elderly shall be provided for mainly by their families, and their family members shall respect, care for and look after them. Article 14 Supporters of the elderly shall fulfill the obligations of providing for the elderly economically, taking care of them in daily life and comforting them mentally, and attend to their special needs. “Supporters” refer to the children of the elderly and other persons who are under the legal obligation to provide for the elderly. The spouses of the supporters shall assist them in fulfilling their obligations to provide for the elderly. Article 15 The supporters shall ensure that the elderly suffering from illness receive timely treatment and care, and shall pay medical expenses for the elderly in financial hardship. For the elderly who can not take care of themselves, their supporters shall bear the responsibility of taking care of them; and if they can not take care of the elderly in person, they may, according to the will of the elderly, commission other individuals or institutions for the elderly to take care of the elderly. Article 16 The supporters shall properly arrange for the housing of the elderly and shall not compel the elderly to live in or move to inferior houses. The children or other relatives of the elderly shall not seize the houses owned or rented by the elderly and shall not, without permission of the elderly, change the property right or leasing relationship. The supporters of the elderly shall have the duty to repair the houses owned by the elderly Article 17 The supporters shall have the duty to farm or commission others to farm the land contracted by the elderly, take care of or commission others to take care of the trees, livestock and so on of the elderly and the earnings therefrom shall go to the elderly. Article 18 Family members shall care for the mental needs of the elderly, and shall not ignore or cold-shoulder the elderly. Family members living apart from the elderly shall frequently visit or greet the elderly. Employers shall, in accordance with the relevant provisions of the state, ensure the rights of the supporters to have the family visit leave. Article 19 The supporters shall not refuse to fulfill their obligations of providing for the elderly with the excuse that they will give up their right of inheritance or for any other reason. Where the supporters do not fulfill their obligations of providing for the elderly, the elderly shall have the right to ask the supporters for payment of support and other rights. The supporters shall not ask the elderly to do any work beyond their ability. Article 20 The supporters of an elderly person may, with the consent of the elderly person, conclude an agreement among themselves on their duty to provide for the elderly person. The content of the agreement shall not violate the provisions of laws and the will of the elderly person. A grassroots self-governing organization and organization of the elderly or the employer of the supporters shall supervise the fulfillment of the agreement. Article 21 The freedom of marriage of the elderly shall be protected by law. Their children or other relatives shall not interfere in their divorce, remarriage and post-remarriage life. The supporters shall not be relieved of the duty to provide for the elderly because of any change in the marriage of the elderly. Article 22 The elderly shall be entitled to possess, use, obtain income from and dispose of their personal property, their children or other relatives shall not interfere in, and shall not infringe upon the property rights and interests of the elderly through stealing, cheating, extortion or any other means. The elderly shall have the right to inherit the inheritance of their parents, spouses, children or other relatives according to law and the right to accept donations. Their children or other relatives may not occupy, seize, transfer, conceal or damage the property that should be inherited or accepted as donations by the elderly. When the elderly dispose of property through wills, necessary shares shall be reserved for their elder spouses according to law. Article 23 The elderly and their spouses shall have the duty to support each other. Where those who were brought up by their elder brothers or sisters can bear the burden after they grow up, they shall have the duty to support their elder brothers or sisters should the latter do not have supporters when they are advanced in years. Article 24 Where the supporters fail to perform their duties of providing for or supporting the elderly......