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

No. 43

　　The Decision of the Standing Committee of the National People's Congress on Amending the Regulations of the Chinese People's Liberation Army on the Military Service of Officers in Active Service, adopted at the 19th Meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on December 28, 2000, is hereby promulgated and shall go into effect as of the date of promulgation.

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　Jiang Zemin

　　President of the People's Republic of China

　　December 28, 2000

Decision of the Standing Committee of the National People's Congress on Amending the Regulations of the Chinese People's Liberation Army on the Military Service of Officers in Active Service

　　(Adopted at the 19th Meeting of the Standing Committee of the Ninth National People's Congress on December 28, 2000)

　　At its 19th Meeting, the Standing Committee of the Ninth National People's Congress decides to make the following revisions of the Regulations of the Chinese People's Liberation Army on the Military Service of Officers in Active Service:

　　1. The name of the Regulations of the Chinese People's Liberation Army on the Military Service of Officers in Active Service is changed as the Law of the People's Republic of China on Officers in Active Service.

　　2. The second paragraph of Article 2 is revised as follows: "By the nature of the posts they hold, officers are classified as operational officers, political officers, logistics officers, armaments officers and specialized technical officers."

　　3. One article is added as Article 3: "Officers constitute part of the State functionaries.

　　"Officers shall perform the sacred functions and responsibilities entrusted to them by the Constitution and laws, and they shall, in public activities, enjoy the status and honor commensurate with their functions and responsibilities.

　　"The State guarantees the lawful rights and interests of officers in accordance with law."

　　4. Article 3 is changed as Article 4 and revised as follows: "In the selection and use of 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 shall be adhered to, democratic supervision exercised, and public comments respected."

　　5. The title of Chapter II is changed as "Basic Requirements for Officers and Their Sources and Training".

　　6. Article 7 is changed as Article 8 and sub-paragraph (1) is revised as follows: "(1) being loyal to the motherland and to the Communist Party of China, cherishing firm revolutionary ideals and conviction, serving the people wholeheartedly, and devoting themselves to the cause of national defense;" subparagraph (3) is revised as follows: "(3) possessing, as required for performing their own duties competently, sufficient understanding of theories and policies, modern military, scientific, general and specialized knowledge, and the ability to organize and direct work, having received training in schools or academies and corresponding academic credentials, and being in good health;" and subparagraph (4) as follows: "(4) cherishing the soldiers, setting good examples with their own conduct, being fair and upright, being honest and clean in performing their duties, working hard, and fearing no sacrifice."

　　7. Article 9 is revised as follows: "The sources of officers are as follows:

　　"(1) graduates of schools or academies in the Army, who are originally selected from among outstanding soldiers and graduates of regular secondary schools to study therein;

　　"(2) graduates of regular institutions of higher education;

　　"(3) civilian cadres in the Army;

　　"(4) specialized technicians and other persons recruited from outside the Army.

　　"When needed in times of war, soldiers, enlisted reserve officers, and persons in non-military departments may be directly appointed as active officers."

　　8. Article 8 is changed as Article 10 and revised as follows: "The People's Liberation Army shall apply a system whereby its members are promoted as officers only after they have received training in schools or academies.

　　"Operational, political, logistics and armaments officers shall be promoted to the next higher commanding post only after they have received training in the appropriate schools, academies, or other training institutions. Officers who hold commanding posts at or below the battalion level shall be ones who have received training in schools or academies for junior commanders; officers who hold commanding posts at the regiment or division level shall be ones who have received training in schools or academies for intermediate commanders; and officers who hold commanding posts at or above the corps level shall be ones who have received training in schools or academies for senior commanders.

　　"Officers who serve in headquarters shall be one who have received training in appropriate schools or academies.

　　"Specialized technical officers shall be promoted to the next higher specialized technical posts only after they have received training in specialized technical schools or academies corresponding to their specialties, or after they have completed the specified continued education by other means when training offered by institutions of education cannot meet the need."

　　9. Article 10 is changed as Article 11 and the second paragraph is revised as follows: "The appraisal shall be conducted in a comprehensive way by the leaders together with the rank and file, in compliance with the basic requirements for officers and the criteria, procedures and methods for the appraisal of officers formulated by the Central Military Commission, with stress on actual performance. The results of the appraisal are divided into three grades -- excellent, qualified, and unqualified, and shall be taken as the main basis for appointing or removing officers. The officers concerned shall be notified of the results of the appraisal."

　　10. Article 11 is changed as Article 12 and paragraph (2) of the first paragraph is revised as follows: "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 Director and the Political Commissar of the General Armaments Department, the commanders and political commissars of the major military commands and of the various services and arms, or the heads 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 heads of those units."

　　11. Article 13 is changed as Article 14 and the second paragraph is revised as follows: "The maximum age for officers at battalion or regiment level aboard naval vessels shall be 45 and 50 respectively; the maximum age for flying officers at the regiment level shall be 50."

　　12. Article 14 is combined with Article 15 to form Article 15 and revised as follows: "For officers in units other than combat troops, the maximum age for those at or below the level of deputy regiment commander and those at the level of the major military command shall be determined in accordance with the provisions of the first paragraph of Article 14 of this Law; the maximum age for those at the level of regiment commander, at the division level, at the level of deputy corps commander, and at the level of corps commander shall be 50, 55, 58, and 60 respectively."

　　13. Article 16 is revised as follows: "The maximum age for specialized technical officers in peacetime shall be:

　　"(1) 40 for junior specialized technical officers;

　　"(2) 50 for intermediate specialized technical officers; and

　　"(3) 60 for senior specialized technical officers.

　　"The maximum age for a small number of the senior specialized technical officers may be appropriately extended, but the extension shall be not more than five years, provided this is necessitated by work and approved by the departments which have the prescribed authority for appointment and removal."

　　14. Article 17 is revised as follows: "The minimum term of office for the principal commanders at the levels of platoon, company, battalion, regiment, division (brigade), and corps in peacetime shall be three years."

　　15. The second paragraph of Article 20 is revised as follows: "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, provided this is necessitated by work; those who are exceptionally outstanding may be promoted by skipping a grade."

　　16. One article is added as Article 21: "Officers to be promoted to the next higher level shall have the qualifications required by the posts they are to hold, including the record of assignments, educational level, and training received in academies or schools. The specific qualifications shall be prescribed by the Central Military Commission."

　　17. One article is added as Article 24: "The maximum term of office for commanders and deputy commanders at or equivalent to the level of division, corps, or major military command in peacetime shall be ten years. Those who have completed their maximum term of office shall be relieved of their posts."

　　18. One chapter, "Exchange of and Withdrawal by Officers", is added as Chapter IV, under which six articles are added as Articles 27 to 32:

　　a. Article 27: "Officers shall be exchanged between different posts or different units. Specific measures shall be prescribed by the Central Military Commission in accordance with this Law."

　　b. Article 28: "Officers who have completed the following terms of office at one post shall be exchanged:

　　"(1) in combat troops, four years for principal commanders at or below the division level and five years for principal commanders at the corps level;

　　"(2) in units other than combat troops, five years for principal commanders at or below the corps level; and

　　"(3) in headquarters, four years for chiefs of sections, subdivisions and divisions and officers holding leading posts at corresponding levels; five years for chiefs of bureaus and departments and officers holding leading posts at corresponding levels. But a small number of highly specialized officers and officers specially necessitated by work are exceptions.

　　"Officers holding leading posts at the division and corps levels and having worked consecutively in the same unit for 25 years and 30 years respectively shall be exchanged.

　　"Officers holding other posts shall also be exchanged as required."

　　c. Article 29: "Officers working in the areas where conditions are hard shall be exchanged to other areas in accordance with the relevant regulations of the Central Military Commission."

　　d. Article 30: "For officers having matrimonial relationship, lineal blood relationship, collateral blood relationship within three generations, or close marriage relationship, one of them shall not hold a post directly under the leadership of the other or a post of two levels lower under the leadership of the other, nor shall they hold posts in the same unit where both are directly subordinate to the same leader, nor shall one hold a post in the unit led by the other."

　　e. Article 31: "No officer may hold the post of the principal commander of the military subcommand (or garrison command at the division level) or the department of the people's armed forces of the county, municipality or district under the jurisdiction of the municipal government in his or her native place. But officers specially necessitated by work are exceptions."

　　f. Article 32: "When officers perform the duties involving their own interests or the interests of the people having such relationships with them as listed in Article 30 of this Law, they shall withdraw. But officers carrying out combat tasks or other urgent tasks are exceptions."

　　19. Article 29 is changed as Article 37 and the first paragraph is revised as follows: "A system linking salary to post and military rank and a regular salary increase system shall be instituted for officers, who shall, in accordance with the relevant regulations of the State and the Army, enjoy allowances and subsidies which shall be duly adjusted with the development of the national economy. The specific scales and measures shall be prescribed by the Central Military Commission."

　　20. Article 30 is changed as Article 38 and one paragraph is added as the second paragraph: "Officers shall enjoy servicemen insurance in accordance with the relevant regulations of the State and the Army."

　　21. One article is added as Article 39: "Officers' housing shall be guaranteed by a system under which public apartments are combined with self-owned houses. Officers may reside in public apartments or buy their own houses in accordance with regulations, and they shall enjoy appropriate housing subsidies and preferential treatment."

　　22. Article 31 is changed as Article 40 and the first paragraph is revised as follows: "Officers shall be entitled to vacation. Leading cadres at higher levels shall arrange annual vacation for officers in accordance with regulations."

　　23. Article 32 is changed as Article 41 and one paragraph is added as the first paragraph: "Officers' family members shall enjoy the preferential treatment of the State and the society in respect of living with the officers, getting employed or transferred to other jobs and in respect of education for children."

　　24. One article is added as Article 43: "The minimum term of active service for operational, political, logistics and armaments officers in peacetime shall be:

　　"(1) Eight years for officers at the platoon level;

　　"(2) 10 years for officers at the level of deputy company commander, and 12 years for officers at the level of company commander;

　　"(3) 14 years for officers at the level of deputy battalion commander, and 16 years for officers at the level of battalion commander; and

　　"(4) 18 years for officers at the level of deputy regiment commander, and 20 years for officers at the level of regiment commander."

　　25. One article is added as Article 44: "The minimum term of active service for specialized technical officers in peacetime shall be:

　　"(1) 12 years for junior specialized technical officers;

　　"(2) 16 years for intermediate specialized technical officers; and

　　"(3) 20 years for senior specialized technical officers."

　　26. Article 40 is changed as Article 45 and revised as follows: "No officers who have not completed their minimum term of active service in peacetime may retire from active service. However, those who fall into any of the following categories shall retire from active service ahead of time:

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

　　"(2) being appraised as unqualified for their posts and unsuitable for other arrangements;

　　"(3) having made serious mistakes and being unsuitable for remaining in active service;

　　"(4) being transferred from the Army to non-military departments; or

　　"(5) having to retire from active service as a result of the readjustment and streamlining of the structure and organization of the Army.

　　"Officers who have not completed their minimum term of active service in peacetime, whose applications for retiring from active service ahead of time have been rejected and who insist on early retirement despite persuasion may be allowed to do so after they are demoted to a lower post (or grade) by way of disciplinary sanction or after they are deprived of their status as officers."

　　27. Article 34 is changed as Article 46 and the second paragraph is revised as follows: "The maximum age for officers in active service in peacetime shall be:

　　"(1) 50 for officers at the level of regiment commander;

　　"(2) 55 for officers at the division level;

　　"(3) 58 for officers at the level of deputy corps commander, and 60 for officers at the level of corps commander; and

　　"(4) the maximum age for officers in active service holding other posts shall be the same as the maximum age for their posts."

　　28. Article 35 is changed as Article 47 and revised as follows: "Officers who have not reached the maximum age for active service in peacetime shall retire from active service if they fall into any of the following categories:

　　"(1) having to retire from active service after completing their maximum terms of office;

　　"(2) being unable to carry on work regularly because of wound, illness, or disability;

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

　　"(4) being transferred from the Army to non-military departments; or

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

　　29. Article 37 is changed as Article 49 and one paragraph is added as the first paragraph: "After retiring from active service, officers shall be transferred to civilian jobs with the government assigning them jobs and posts or assisting them to get jobs and providing them with retirement pay; some of them may be treated as demobilized servicemen or as pensioners." The third paragraph is changed as the fourth and revised as: "After retiring from active service, officers who are assigned jobs and posts or who are assisted to get jobs and provided with retirement pay by the government shall receive vocational training arranged by the government where necessary."

　　30. Article 39 is changed as Article 51 and the first paragraph is revised as: "The specific administrative measures for the arrangements to be made for the officers after they retire from active service shall be prescribed by the State Council and the Central Military Commission."

　　31. One article is added as Article 53: "This Law shall be applicable to officers of the Chinese People's Armed Police Force in active service. Specific measures shall be formulated by the State Council and the Central Military Commission."

　　This Decision shall enter into force as of the date of promulgation.

　　The Regulations of the Chinese People's Liberation Army on the Military Service of Officers in Active Service shall be repromulgated after the revisions and the readjustment of the sequence is made according to this Decision.