Reservist Law of the People's Republic of China

Article 1

This Law is enacted in accordance with the Constitution, the Law of the People's Republic of China on National Defense, and the Military Service Law of the People's Republic of China for the purposes of establishing a sound system for reservists, standardizing the management of reservists, protecting their legitimate rights and interests, safeguarding their effective performance of reservist duties and missions, and strengthening the national defense forces.

Article 2

For the purpose of this law, the term "reservist" shall refer to a citizen performing his obligation of military service in accordance with law who has been pre-assigned to an active unit of the Chinese People's Liberation Army or assigned to a reserve unit of the Chinese People's Liberation Army for reserve service.

Reservists shall be classified as reserve officers and reserve enlistees, the latter of which can be further classified into reserve non-commissioned officers and reserve soldiers.

Reservists are an important part of the national armed forces and one of the major sources to replenish active members in wartime.

Article 3

The administration of reservists shall be done under the leadership of the Communist Party of China, by following Xi Jinping's thinking on strengthening the military, with a holistic approach to national security, and by following the military strategic guidelines for the new era. Such work shall be based on military needs, oriented towards combat-readiness, focusing on quality construction, with a view to promoting reservists' capability and performance in fulfilling their duties.

Article 4

A reservist shall obey orders, strictly observe discipline, and act bravely and tenaciously without fear of sacrifice. He shall, in accordance with regulations, participate in political education and military training, as well as perform duties of combat readiness and non-war military operations. A reservist shall be ready at all times to be enrolled in active service and defend the motherland.

The state shall protect the status, rights and interests of reservists in accordance with law. A reservist is entitled to honor and benefits commensurate with the duties he performs.

Article 5

The administration of reservists shall be led by the Central Military Commission.

The Political Work Department of the Central Military Commission shall be responsible for organizing and directing the management of reservists. The National Defense Mobilization Department of the Central Military Commission shall be responsible for organizing the formation, mobilization and recruitment of reservists and other relevant work. Other departments of the Central Military Commission shall be responsible for the part of the work related to reservists according to the division of their responsibilities.

Central state organs, local people's governments at or above the county level, and military organs at the corresponding levels shall conduct the work related to reservists in accordance with the division of their responsibilities.

A military unit with reservists (hereinafter referred to as the "unit") shall be responsible for its reservists' political education, military training, execution of military operations, as well as their selection and replenishment, daily management and retirement.

Article 6

Local people's governments at or above the county level and relevant military organs shall, based on their needs for the administration of reservists, convene military-civilian joint meetings to coordinate and address relevant issues.

Local people's governments at or above the county level and military organs at the corresponding levels shall incorporate their performance in the administration of reservists into the appraisal on "supporting the armed forces and giving preferential treatment to the families of servicepersons and martyrs" and "supporting the government and cherishing the people". Such performance shall also be included in the assessment and performance evaluation of the relevant entities and their persons-in-charge.

Article 7

State organs, public organizations, enterprises and institutions, people's governments of towns and townships, and sub-district offices shall support reservists in performing their reserve duties and provide coordination to the administration of reservists.

Article 8

The state shall promote informatization in the administration work of reservists.

The Political Work Department of the Central Military Commission shall, in conjunction with central state organs and other departments of the Central Military Commission, coordinate the construction, maintenance, operation and information security management of the data system.

Departments, entities and individuals concerned shall protect state secrets, military secrets, personal privacy and personal information that they come to know in the process of handling the administration work of reservists, and may not disclose or illegally provide them to others.

Article 9

The funds needed for the administration of reservists shall be included in the budgets of the central and local governments, under the principle of matching functions and powers with spending responsibilities.

Article 10

Reservists who have made prominent contributions in performing their duties shall be commended and awarded in accordance with the relevant regulations of the state and the military.

Organizations and individuals that have made prominent contributions to the administration of reservists shall be commended and awarded in accordance with the relevant regulations of the state and the military.

Article 11

The state shall apply a system of military ranks of reservists.

Military ranks of reservists are titles and symbols that distinguish the various levels of reservists and indicate their identities. They also show the statuses and honors granted to reservists by the Party and the state.

Article 12

Military ranks of reservists shall be classified as military ranks of reserve officers, military ranks of reserve non-commissioned officers and military ranks of reserve soldiers.

Military ranks of reserve officers include the following seven ranks under two categories:

(1) Field Grade Reserve Officers: Reserve Senior Colonel, Reserve Colonel, Reserve Lieutenant Colonel, Reserve Major; and

(2) Junior Reserve Officers: Reserve Captain, Reserve First Lieutenant and Reserve Second Lieutenant.

Military ranks of reserve non-commissioned officers include the following seven ranks under three categories:

(1) Senior reserve non-commissioned officers: Reserve Master Sergeant First Class, Reserve Master Sergeant Second Class and Reserve Master Sergeant Third Class;

(2) Intermediate reserve non-commissioned officers: Reserve Sergeant First Class and Reserve Sergeant Second Class; and

(3) Junior reserve non-commissioned officers: Reserve Sergeant and Reserve Corporal.

Military ranks of reserve soldiers include the following two ranks: Reserve Private First Class and Reserve Private Second Class.

Article 13

Military ranks of reservists shall be classified according to their services and preceded by the name of their service.

Reserve officers shall be divided into reserve commanding officers and reserve technical officers, and the military ranks of reserve commanding officers and reserve technical officers shall be conferred on them accordingly.

The patterns of epaulets and insignias for military ranks of reservists and the ways of wearing them shall be prescribed by the Central Military Commission.

Article 14

The conferment and promotion of the military rank of a reservist shall be based on his post and grade, integrity and competence, duration of service, and achievements. The specific measures therefor shall be formulated by the Central Military Commission.

Article 15

Where a reservist retires from service, his military rank shall be preserved but shall be preceded by the word "retired".

Article 16

Any reservist who has violated military discipline may be demoted in his military rank in accordance with the relevant regulations issued by the Central Military Commission.

When an individual has been deprived of his status as a reservist in accordance with the provisions of this law, his military rank shall be rescinded accordingly. If an individual commits a crime during or after retiring from reserve service and is sentenced to deprivation of political rights, fixed-term imprisonment or an even heavier punishment in accordance with law, his military rank shall be deprived accordingly.

The authority for approving the rescission or deprivation of military ranks of reservists shall be the same as that for approving the conferment of the corresponding military ranks of reservists.

Article 17

A reservist shall:

(1) be loyal to the motherland and the Communist Party of China, support the socialist system, love the people, and be devoted to national defense and the military;

(2) observe the Constitution and laws, and have high political commitment and proper moral character;

(3) reach the age of 18;

(4) be physically and mentally fit to perform functions and duties of a reservist;

(5) have the education background and working ability required by a post; and

(6) meet other requirements stipulated by laws and regulations.

Article 18

Reservists shall be selected and replenished mainly from retired military personnel and professional or technical personnel who meet the requirements for reserve service and have been registered for reserve service.

Registration for reserve service shall be conducted in accordance with the relevant provisions of the Military Service Law of the People's Republic of China.

Article 19

Plans for selecting and replenishing reservists shall be determined by the Central Military Commission. The relevant departments of the Central Military Commission, in conjunction with the relevant central state organs, shall give guidance to military units and the military service organs of the local people's governments at or above the county level in implementing such plans.

Article 20

Military units shall, in accordance with the prescribed criteria and requirements, select and designate reservists with the military service organs of the local people's governments at or above the county level.

The time for a reservist's service shall be counted from the date of the approval of his reserve service.

Article 21

The military service organs of the local people's governments at or above the county level shall, in a timely manner, provide military units with accurate information on registration for the reserve service by citizens within their administrative areas, organize political assessment and physical checkups on candidates, and complete procedures for joining the reserve service.

Article 22

State organs, public organizations, enterprises and public institutions, people's governments of townships and towns, and sub-district offices shall, in accordance with the needs of military units and arrangements made by the military service organs of the people's governments of counties, autonomous counties, cities not divided into districts and districts of cities, organize and recommend eligible persons from their entities or administrative areas to participate in the selection and replenishment of the reservists.

The recommended individuals shall participate in the selection and replenishment of reservists in accordance with relevant regulations.

Article 23

Military units shall, in accordance with relevant regulations, confer military ranks on the selected and replenished reservists and appoint them to posts.

Article 24

Education and training of reservists shall adhere to a combination of institutional education, training practice and vocational training, and shall be incorporated into the educational and training system of the state and the army.

Military units and the entities which employ reservists shall provide education and training for reservists in accordance with relevant regulations.

Article 25

A reservist shall receive corresponding education and training as needed before being conferred on or promoted to a military rank of a reservist or appointed to a post.

Article 26

A reservist shall participate in military training in accordance with relevant regulations and meet the requirements specified in the military training program.

The time for annual military training shall be determined by military organs above the theater level in light of needs.

The Central Military Commission may make decisions on pre-combat training for reservists. Reservists shall participate in such pre-combat training as required.

Article 27

A reservist shall, in accordance with relevant regulations, participate in vocational training within his term of reserve service, so as to improve his ability to perform reserve duties.

Article 28

A reservist shall be appraised. Such appraisal shall be organized and carried out by military units in accordance with the relevant regulations. The results of such appraisal shall serve as the basis for the reservist's promotion in military ranks, post appointment, benefits adjustment, awards or punishments.

The results of the above-mentioned appraisal shall be communicated to the reservist himself, as well as the military service organs of the people's government of the county, autonomous county, city not divided into districts, or district of a city where the said reservist is registered and the entity which employs the reservist. Such results shall serve as the basis for adjusting his post,official position, official rank, grade, salary and professional title.

Article 29

Areservist who performs excellently and meets relevant requirements may, in accordance with relevant regulations, be promoted to a higher military rank and appointed to a corresponding post at a military unit.

A reserve soldier who has completed the prescribed length of reserve service may, upon approval, be selected to become a non-commissioned officer based on the needs of the military unit he is serving with, if he is willing to do so.

The authority for approving the appointment of a reservist to a specific position shall be stipulated by the Central Military Commission.

Article 30

A reservist shall, in a timely manner, report to his military unit on any change in contact information or important matters, including a change of employer, relocation to another place, traveling abroad, getting a serious illness or physical disability.

Where a reservist experiences any of the changes specified in the preceding paragraph, or has made a serious violation of discipline or law, disappeared or is deceased, the entity which employs the reservist and the people's government of the township or town or the sub-district office of the area where the reservist is located shall report to the military service organ of the people's government of the county, autonomous county, city not divided into districts, or district of a city in a timely manner.

Military units and the military service organs of the people's governments of counties, autonomous counties, cities not divided into districts, or districts of a city shall establish a mechanism of mutual notification in order to be updated with the accurate situation of the reservists.

Article 31

Where a reservist needs to change the place where he is registered for reserve service due to relocation or other reasons, the military service organ of the people's government of the relevant county, autonomous county, city not divided into districts, or district of a city shall update his information of reserve registration accordingly in a timely manner.

Article 32

Where a reservist is called to participate in military training, perform duties of combat readiness support, or execute missions in non-war military operations, among others, the military unit shall give notification to the reservist, as well as the entity which employs the reservist and the military service organ of the people's government of the county, autonomous county, city not divided into districts, or district of a city where he is registered for reserve service.

Any call for reservists to perform duties of combat readiness support, or execute missions in non-war military operations shall be approved by the military authorities at or above the theater command level.

Entities which employ reservists and the military service organs of the people's governments of counties, autonomous counties, cities not divided into districts, or districts of a city where the reservists are registered for reserve service shall provide assistance in calling up reservists.

Reservists shall report at the designated place by the time specified in the call-out.

Article 33

Where a reservist participates in military training, performs duties of combat readiness support, or executes missions in non-war military operations, among others, he shall be managed by the military unit in accordance with relevant regulations of the military.

Article 34

A reservist shall wear the reserve uniform with reserve insignias, as prescribed by relevant regulations of the military.

No entity or individual may illegally produce, buy or sell reserve uniforms or reserve insignias.

Article 35

A reservist shall follow the relevant rules for combat readiness, and get prepared to execute missions.

Article 36

After the state issues a mobilization order or the State Council and the Central Military Commission take necessary measures for national defense mobilization in accordance with law, military units shall, at the order of their superiors, give a call-out notice to relevant reservists immediately, and notify the military service organs at the people's governments of counties, autonomous counties, cities not divided into districts, or districts of a city where the reservists are registered for reserve service and the entities which employ them.

Upon receiving the call-out notice, a reservist shall report at a specified time and place as required. Once the state issues a mobilization order, a reservist who has not received the call-out notice shall not leave the place where he is registered for reserve service without approval by the military unit and the military service organ of the place where he is registered for reserve service. If the reservist has already left the place, he shall return immediately or stand by where he is.

Article 37

The military service organs of the people's governments of counties, autonomous counties, cities not divided into districts, or districts of a city where reservists are registered for reserve service, the entities which employ reservists, the people's governments of the townships or towns, or sub-district offices where reservists are located shall urge reservists to respond to the call-out, provide necessary support and assistance for the call-out, help to solve difficulties, and safeguard the lawful rights and interests of reservists.

Entities or individuals that are engaged in transportation shall give priority to transporting reservists responding to a call-out.

Where a litigation, administrative reconsideration or arbitration is disrupted because a reservist involved should respond to a call-out, the regulations on suspension of limitation periods and procedures shall apply, unless it is otherwise stipulated by law.

Article 38

Where a reservist falls in any of the following circumstances, and such circumstances have been verified by the military service organ of the people's government of the county, autonomous county, city not divided into districts, or district of the city where the reservist is registered for reserve service, his response to a call-out may be postponed with the approval of his military unit:

(1) when a reservist is unable to perform reserve duties for the time being because of receiving medical treatment for a serious illness;

(2) when a family member for whom the reservist is the sole guardian, supporter, or fosterer, is unable to take care of himself, or there is a significant change or accident that hits the family of the reservist that must be handled by the reservist himself;

(3) when a female reservist is pregnant, taking maternity leave, or in breastfeeding period;

(4) when a reservist is being investigated by a supervisory organ because he is suspected of serious duty-related violation of laws or a duty-related crime, or is going through criminal investigation, prosecution or trial on a suspected crime; or

(5) when there are other circumstances specified by laws and regulations.

Article 39

A reservist responding to a call-out shall be transferred to active service in accordance with relevant regulations of the military.

Where a reservist is transferred to active service, the military service organ of the people's government of the county, autonomous county, city not divided into districts or district of a city where he is registered for reserve service, shall handle and complete relevant procedures for joining active service. A reservist transferred to active service shall be assigned accordingly a military rank and appointed to a position of duty in accordance with relevant regulations to fulfill his duties.

Article 40

Where a service member who is transferred from the reserve to active service needs to retire from active service after the state lifts national defense mobilization, the people's governments at all levels shall properly resettle him in accordance with relevant regulations. If a reservist responding to the call-out was not transferred to active service, the military units shall make arrangements for his return, and notify the military service organ of the people's government of county, autonomous county, city not divided into districts or district of a city where he is registered for reserve service, as well as the entity which employs the reservist.

Article 41

The state shall establish a system of allowances and subsidies for reservists that combines considerations of incentivization and compensation.

A reservist shall be entitled to a service allowance in accordance with relevant regulations. During the time when a reservist fights in war, participates in military training, performs duties of combat readiness, or executes missions in a non-war military operation, he is entitled to a mission allowance.

During the time when a reservist fights in war, participates in military training, performs duties of combat readiness, or executes missions in a non-war military operation, he shall be entitled to corresponding subsidies, food and transport allowances in accordance with relevant regulations. Where a reservist works at a state organ, a public organization, an enterprise, or a public institution, such entity shall maintain his benefits including the salary, bonuses, entitlements and insurance, etc.

The levels of allowances and subsidies for reservists, as well as the measures for their adjustments, shall be prescribed by the Central Military Commission.

Article 42

A reservist who fights in war shall have the same medical care as received by a member of active service. During the time of participating in military training, performing duties of combat readiness, or executing missions in non-war military operations, a reservist shall get the corresponding medical care provided by the state and the military unit in accordance with relevant regulations.

Military medical institutions shall, in accordance with relevant regulations, provide reservists with priority medical care and other services.

Article 43

Where a reservist participates in military training, performs duties of combat readiness or executes missions in non-war military operations, the military unit shall purchase accident and personal injury insurance for him.

Article 44

During the time when a reservist fights in war, participates in military training, performs duties of combat readiness, or executes missions in non-war military operations, where his family faces grave difficulties in life due to natural disasters, accidents, or serious diseases, among others, the local people's government and the military unit shall offer help and aid and express sympathy and care in accordance with relevant regulations.

The state encourages people's organizations, enterprises, public institutions, social organizations and other organizations and individuals to provide relief or assistance to such reservist families in need.

Article 45

The entity which employs a reservist may not, on account of performing reserve duties by the reservist, dismiss him, terminate the employment relationship with him, remove him from office, reduce his benefits, discipline him, etc.

Article 46

Entities which employ reservists shall be entitled to preferential and support policies in accordance with relevant regulations of the state.

A reservist who starts a micro or small enterprise or engages in self-employment and other business activities shall be entitled to preferential policies on financing and other preferential policies in accordance with relevant regulations of the state.

Article 47

Reservists shall be entitled to preferential treatment in accordance with relevant regulations.

For a reservist who died or gets injured as a result of fighting in war, participating in military training, performing duties of combat readiness, or executing missions in non-war military operations, the local people's government at or above the county level shall offer pension in accordance with relevant regulations of the state.

Article 48

Military units shall hold a ceremony for reservists where they are conferred or promoted to military ranks of reservists, receive honors or commendations for their outstanding meritorious service, or are to retire from reserve service.

Article 49

The lawful rights and interests of female reservists shall be protected by law. Military units shall make reasonable arrangements on posts and tasks of female reservists in view of their characteristics.

Article 50

A reservist who has retired from the reserve service shall be entitled to corresponding honors and benefits in accordance with relevant regulations.

Article 51

A reserve officer or reserve non-commissioned officer shall complete the minimum of four years of service at his military rank.

Any reserve officer or reserve non-commissioned officer who has not served the minimum years at his rank may not apply for retirement. Once the minimum years have been served, he may retire from reserve service after his application for retirement has been approved.

The minimum time of service for a reserve soldier is four years, including two years as reserve private first class and another two as reserve private second class. Any reserve soldier who has not completed the minimum length of service may not apply for retirement. A reserve soldier who has already completed the four-year service but is not selected to be transferred to a reserve non-commissioned officer shall retire from reserve service.

Article 52

A reservist shall retire from reserve service once he has reached the maximum age limit for reserve service, specifically:

(1) reserve commanding officers: 45 for junior reserve officers and 60 for field grade reserve officers;

(2) reserve technical officers: 50 for junior reserve officers and 60 for field grade reserve officers;

(3) reserve non-commissioned officers: 45 for reserve corporals, reserve sergeants and reserve sergeants second class, 55 for reserve sergeants first class, reserve master sergeants third class, reserve master sergeants second class, and reserve master sergeants first class; and

(4) 30 for reserve soldiers.

Article 53

Any reserve officer or reserve non-commissioned officer who has not reached the maximum age limit or completed the minimum years of service for his grade and any reserve soldier who has not completed the minimum years of reserve service or has not reached the maximum age limit shall be arranged to retire from reserve service under one of the following circumstances:

(1) when he is called or selected to be transferred to active service;

(2) when he has to retire due to the adjustment or reform of the military system and personnel system of the military or optimization of reserve personnel structure;

(3) when he proves to be unfit to remain in reserve service due to the change of the entity which employs him or the change of his post;

(4) when he is unable to perform reserve duties due to injury, illness or disability; or

(5) when there are other circumstances prescribed in laws or regulations.

Article 54

Any reserve officer or reserve non-commissioned officer who has served the minimum years at his rank or has reached the maximum age limit, or any reserve soldier who has served the minimum years as stipulated or has reached the maximum age limit may not retire from reserve service under one of the following circumstances:

(1) when it is required such by a mobilization order issued by the state or mobilization measures taken by the State Council or the Central Military Commission in accordance with law;

(2) when he is fighting in war, performing duties of combat readiness, or executing missions for non-war military operations;

(3) when he is under review or investigation for suspected violation of military discipline and there has been no conclusion about such review or investigation yet; or

(4) when there are other circumstances prescribed by laws and regulations.

Where those circumstances prescribed in the preceding paragraph disappear, the reservist may submit his application for retirement and retire from reserve service upon approval of his application.

Article 55

A reservist shall be deprived of the status as a reservist if he falls into one of the following circumstances:

(1) when a reserve officer or reserve non-commissioned officer who has not completed the minimum years for his rank or a reserve soldier who has not completed the minimum years as stipulated requests for early retirement from reserve service and, after persuasion, still insists on early retirement;

(2) when he has been considered as being incompetent in the annual appraisal for two consecutive years;

(3) when he is held criminally liable for a crime committed; or

(4) when there are other circumstances stipulated by laws or regulations.

Article 56

The time of retirement from reserve service shall be the day when the retirement order is issued.

Article 57

The authority for approving retirement from reserve service shall be the same as that for approving promotion to a reserve rank.

Article 58

Where a citizen who is already registered for reserve service refuses or evades participation in the selection and replenishment, or a reservist refuses or evades military training, combat readiness duties, non-war military operations, or a call-out for deployment, the citizen or the reservist shall be ordered to make a rectification within a time limit by the people's government at the county level. Whoever fails to make rectification after the time limit shall be compelled to fulfill his military duties and be fined by the people's government at the county level. Where the said person is a public servant, he shall be given a sanction according to law.

For a reservist referred to in the preceding paragraph, his military unit shall, in accordance with relevant regulations, cease benefits to which he is entitled.

Article 59

Any reservist who has violated discipline during the period of engaging in war, participating in military training, performing combat readiness duties or executing non-war military operations shall be given a sanction by his military unit in accordance with relevant regulations.

Article 60

Where any state organ or military unit or any of their staff members, in the administration of reservists, abuses power, neglects duties, engages in malpractice for personal gain, or has any other violation of this Law, the state organ or military unit shall be ordered to make rectification by the competent department or the higher authority, and the staff member shall be ordered to make rectification by the state organ or the military unit he belongs to. The responsible leaders and directly responsible persons shall be sanctioned in accordance with law.

Article 61

Any state organ, public organization, enterprise or public institution which refuses to fulfill its work tasks about the administration on reservists as specified in this Law, hinders a citizen's performance of reserve duties, or commits other acts of interference in administration of reservists shall be ordered to make rectification and may be fined by the local people's government at or above the county level.The responsible leaders and directly responsible persons shall be sanctioned or punished in accordance with law.

Those who engage in illegal production or transaction of reserve uniforms and reserve insignias shall be punished in accordance with law.

Article 62

Whoever violates this Law and thereby commits a crime shall be held criminally responsible in accordance with law.

Article 63

The punishments prescribed in Article 58 and the first paragraph of Article 61 in this Law shall be verified first by the military service organs of the local people's governments at or above the county level in conjunction with the relevant departments, and be executed by the military service organs and other relevant departments of the local people's governments at or above the county level according to the division of their responsibilities after decisions on such punishments have been made by the local people's governments at corresponding levels.

Article 64

This Law shall also apply to individuals who retire from active service in the Chinese People's Armed Police Force and are assigned to reserve service as reservists.

Article 65

This Law shall come into force as of March 1, 2023.The Law of the People's Republic of China on Reserve Officers shall be repealed on the same date.