Military Service Law of the People's Republic of China (2021 Revision)

Military Service Law of the People's Republic of China (2021 Revision)

Order of the President of the People's Republic of China

(No. 95)

The Military Service Law of the People's Republic of China, as revised and adopted at the 30th Session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on August 20, 2021, is hereby issued, and shall come into force on October 1, 2021.

Xi Jinping, President of the People's Republic of China
August 20, 2021

Military Service Law of the People's Republic of China
(Adopted at the 2nd Session of the Sixth National People's Congress on May 31, 1984; amended for the first time by the Decision to Amend the Military Service Law of the People's Republic of China at the 6th Session of the Standing Committee of the Ninth National People's Congress on December 29, 1998; amended for the second time by the Decision to Amend Some Laws at the 10th Session of the Standing Committee of the Eleventh National People's Congress on August 27, 2009; amended for the third time by the Decision to Amend the Military Service Law of the People's Republic of China at the 23rd Session of the Standing Committee of the Eleventh National People's Congress on October 29, 2011; and revised at the 30th Session of the Standing Committee of the Thirteenth National People's Congress on August 20, 2021)

Table of Contents
Chapter I General Provisions
Chapter II Military Service Registration
Chapter III Enlistment in Peacetime
Chapter IV Active Service and Reserve Service of Enlisted Members
Chapter V Active Service and Reserve Service of Commissioned Officers
Chapter VI Enrollment of Young Students as Cadets in Academies of the Armed Forces
Chapter VII Manpower Mobilization in Wartime
Chapter VIII Service Benefits, Pensions, and Preferential Treatment
Chapter IX Resettlement of Veterans
Chapter X Legal Liability
Chapter XI Supplemental Provisions

Chapter I General Provisions

Article 1 For the purposes of regulating and strengthening the military service work of the state, ensuring that citizens perform military service in accordance with the law, safeguarding the replenishment and reserve of members of the armed forces, and developing and consolidating national defense and powerful armed forces, this Law is enacted in accordance with the Constitution.

Article 2 Defending the motherland and resisting aggression shall be a sacred duty of every citizen of the People's Republic of China.

Article 3 The People's Republic of China shall implement a military service system that combines volunteer military service with conscript military service but is mainly based on volunteer military service.

Article 4 The military service shall adhere to the leadership of the Communist Party of China, implement Xi Jinping's thought on strengthening the armed forces, implement the military strategy for the new era, adhere to coordination with the state's economic and social development, adhere to compatibility with the development of national defense and the armed forces, and follow the principles of serving the needs of national defense, focusing on preparations for war and combat, demonstrating the honor to serve in the military, and showing the consistency between rights and obligations.

Article 5 All citizens of the People's Republic of China shall have the obligation to perform military service under this Law, regardless of ethnicity, race, occupation, family background, religious belief, and education.
Citizens unfit for performing military service because of their serious physical defects or serious disabilities shall be exempt from military service.
Citizens deprived of political rights by law shall not serve in the military.

Article 6 The military service shall have an active component and a reserve component. Those serving on active duty in the Chinese People's Liberation Army are referred to as active-duty service members; those pre-assigned to active forces or assigned to reserve forces to serve on reserve duty are referred to as reservists.

Article 7 Active-duty service members and reservists must abide by the Constitution and laws, and perform their obligations as citizens while enjoying their rights as citizens; and their rights and obligations resulting from performing military service shall be specified by this Law and other relevant laws and regulations.

Article 8 Active-duty service members must abide by the doctrines and regulations of the armed forces, faithfully discharge their duties, and always be ready to fight for the defense of the motherland.
Reservists must participate in military training, perform duties of combat readiness support, and execute missions in non-war military operations according to the relevant provisions, and always be ready to be called up to fight for the defense of the motherland.
Active-duty service members and reservists shall take a military oath in accordance with the law when they join the military.

Article 9 The Ministry of National Defense shall be responsible for the military service work across the country under the leadership of the State Council and the Central Military Commission.
The provincial military commands (capital defense command and garrison commands), the military sub-commands (garrison commands), and the departments of people's armed forces of counties, autonomous counties, non-districted cities, and municipal districts shall concurrently act as the military service authorities of the people's governments at the same level, and be responsible for the military service work in their respective administrative regions under the leadership of military authorities at a higher level and the people's governments at the same level.
Government authorities, social groups, enterprises, public organizations, and the people's governments of townships, ethnic townships, and towns shall complete their military service work in accordance with the provisions of this Law. The operations of military service work shall be conducted by the department of people's armed forces if an entity has such department, or by a department designated by the entity if it has no such department. A regular institution of higher learning shall have a body responsible for military service work.

Article 10 The military service authorities of the local people's governments at or above the county level shall, in conjunction with the relevant departments, strengthen the organization, coordination, and supervisory inspection of the military service work within their respective administrative regions.
The local people's governments at or above the county level and the military authorities at the same level shall include the military service work in the contents of assessment of the awards for “supporting the armed forces and providing preferential treatment for military family members” and “supporting the government and loving the people” and the assessment and evaluation of the relevant entities and the persons in charge thereof.

Article 11 The state shall strengthen the information technology development of military service work, take effective measures to achieve the information sharing among relevant departments, and advance the modernization of technology for the collection, processing, transmission, and storage, among others, of information on military service, so as to support the improvement of quality and efficiency of military service work.
The departments related to military service work and their staff members shall strictly keep the personal information collected confidential, and shall not divulge or illegally provide it to any other person.

Article 12 The state shall take measures to strengthen the publicity and education on military service, raise citizens' awareness of performing military service in accordance with the law, and create a favorable social atmosphere of taking pride in the performance of military service.

Article 13 Active-duty service members and reservists who have distinguished themselves by outstanding meritorious service shall be commended and rewarded in accordance with the provisions issued by the state and the armed forces on outstanding meritorious service, honor and commendation.
Organizations and individuals who have made outstanding contributions to military service work shall be commended and rewarded in accordance with the relevant provisions issued by the state and the armed forces.

Chapter II Military Service Registration

Article 14 The state shall implement a military service registration system. Military service registration shall include initial military service registration and reserve service registration.

Article 15 All male citizens who have attained the age of 18 by December 31 each year shall undergo initial military service registration in the year according to the arrangements of military service authorities.
Government authorities, social groups, enterprises, public organizations, and the people's governments of townships, ethnic townships, and towns shall, according to the arrangements of the military service authorities of the people's governments of counties, autonomous counties, non-districted cities, or municipal districts, be responsible for organizing the initial military service registration of male citizens meeting the age limit within the entities or their respective administrative regions.
The initial military service registration may be conducted in the form of online registration or be conducted on the spot at a military service registration station (or point). In military service registration, personal information shall be entered truthfully.

Article 16 Citizens who have not performed active service after initial military service registration and meet the conditions for reserve service may be registered for reserve service by the military service authority of the people's government of a county, autonomous county, non-districted city, or municipal district as needed.

Article 17 An enlisted member separated from active duty shall, within 40 days of separation from active duty, or a commissioned officer separated from active duty shall, within 30 days of determination of the place of resettlement, undergo military service registration information modification at the military service authority of the people's government of the county, autonomous county, non-districted city, or municipal district where the separated service member is resettled; and if the separated service member meets the conditions for reserve service, undergo reserve service registration as needed upon determination by the military unit.

Article 18 The military service authorities of the local people's governments at or above the county level shall be responsible for the military service registration work within their respective administrative areas.
The military service authorities of the people's governments of counties, autonomous counties, non-districted cities, and municipal districts shall organize annual verification of military service registration information, and check the military service registration status of citizens in conjunction with relevant departments, so as to ensure the timeliness of military service registration and the accuracy and completeness of information.

Chapter III Enlistment in Peacetime

Article 19 The number of new enlisted members for active service, frequency of enlistment, time of enlistment, and requirements for enlistment each year shall be prescribed by order of the State Council and the Central Military Commission.
The local people's governments at or above the county level shall arrange for military service authorities and relevant departments to form an enlistment work agency responsible for organizing the implementation of enlistment work.

Article 20 A male citizen who has attained the age of 18 shall be enlisted for active service; or if he is not enlisted in the year when he has attained the age of 18, may still be enlisted for active service before the age of 22. The age limit for enlisting graduates from regular institutions of higher learning may be relaxed to the age of 24, and the age limit for enlisting postgraduates may ......