Announcement of the Standing Committee of the 12th People's Congress of Jiangxi Province

The "Regulations on the Protection of Rights and Interests of Military Personnel and Their Families in Jiangxi Province" was passed by the 29th meeting of the Standing Committee of the 12th People's Congress of Jiangxi Province on December 1, 2016, and is hereby promulgated, effective from January 1, 2017.

Standing Committee of the People's Congress of Jiangxi Province

December 1, 2016

Article 1 In order to standardize the protection of rights and interests of military personnel and their families, safeguard the rights and interests of military personnel and their families, and support national defense and military construction, these regulations are formulated in accordance with the provisions of the "National Defense Law of the People's Republic of China", "Military Service Law of the People's Republic of China", "Regulations on the Compensation and Preferential Treatment of Military Personnel", and other laws and administrative regulations, combined with the actual situation of this province.

Article 2 National agencies, social organizations, enterprises, public institutions, and other organizations within the administrative region of this province shall fulfill their responsibilities and obligations to protect the legitimate rights and interests of military personnel and their families in accordance with these regulations.

Article 3 The term "military personnel" as used in these regulations refers to active-duty officers (police officers), civilian personnel, soldiers, and military students of the People's Liberation Army and the People's Armed Police Force.

The term "military families" as used in these regulations refers to the spouses, children, parents, and other relatives of military personnel who have a legal support relationship with them.

Retired military personnel, reserve personnel performing military tasks during wartime, and militia shall be treated as military personnel.

Article 4 People's governments at or above the county level shall incorporate the protection of rights and interests of military personnel and their families into the national economic and social development planning, the creation of model cities (counties) for supporting the military, and the comprehensive governance target management evaluation system for social security, establish a coordination mechanism for the protection of rights and interests of military personnel and their families, guide and supervise lower-level people's governments and relevant government departments to do a good job in protecting the rights and interests of military personnel and their families, and include the necessary funding for protection work in the financial budget of the respective level.

Township people's governments and street offices shall do a good job in related work for the protection of rights and interests of military personnel and their families.

Village (community) committees shall assist township people's governments and street offices in doing a good job in related work for the protection of rights and interests of military personnel and their families.

Article 5 Relevant departments of people's governments at or above the county level shall mainly perform the following duties regarding the protection of rights and interests of military personnel and their families:

(1) The civil affairs department is responsible for the compensation and preferential treatment of military personnel and their families, as well as the resettlement of retired soldiers;

(2) The human resources and social security department is responsible for the resettlement of military transfer cadres and accompanying family members, as well as the investigation of illegal acts that infringe upon the labor protection rights and interests of military personnel and their families;

(3) The education department is responsible for the educational preferential treatment of children of military personnel and college students who enlist;

(4) The health and family planning department is responsible for the medical security related work for military personnel and their families;

(5) The judicial administrative department is responsible for assisting stationed military units in establishing legal aid workstations for military rights protection, providing legal consultation and legal aid to military personnel and their families;

(6) Public security organs shall investigate and deal with criminal and public security cases that infringe upon the rights and interests of military personnel and their families in accordance with the law.

Other relevant departments such as development and reform, finance, transportation, housing and urban-rural development, land resources, tourism, and agriculture shall do a good job in protecting the rights and interests of military personnel and their families according to their respective responsibilities.

Article 6 People's courts at all levels shall mediate and hear cases involving disputes over the rights and interests of military personnel and their families in accordance with the law, and exempt or reduce litigation fees for eligible military personnel and their families.

People's procuratorates at all levels shall strengthen legal supervision over cases involving the rights and interests of military personnel and their families, and shall file public prosecutions against criminal acts that harm the rights and interests of military personnel and their families in accordance with the law.

Article 7 The provincial military district, military sub-district (garrison area), and county (city, district) people's armed forces shall assist in the protection of rights and interests of military personnel and their families in accordance with national and provincial regulations.

Article 8 News media shall promote advanced models of strengthening the military and supporting the military, advocate good social customs of supporting the military and their families, and guide the whole society to jointly safeguard the rights and interests of military personnel and their families.

Article 9 People's governments at all levels shall take effective measures to safeguard the honor and dignity of military personnel and their families.

No unit or individual may defame, insult, or slander the image of military personnel or undermine their reputation.

Article 10 People's governments at the county (city, district) level shall hang honor plaques for active military personnel and the families of martyrs, and organize visits and condolences to military units and military personnel and their families during major holidays such as the Spring Festival and the "August 1" Army Day, as well as during important tasks performed by the troops, and organize farewell and welcome ceremonies during important activities such as new recruits enlisting and soldiers retiring. The honor plaques shall be produced by the civil affairs department of the people's government at the county (city, district) level according to the style uniformly determined by the province.

When military personnel are awarded honorary titles or meritorious service, the people's government of their household registration location before enlistment shall organize congratulations and condolences for their families.

Military transfer cadres who are awarded honorary titles by the Central Military Commission during their active service shall enjoy corresponding treatment comparable to national labor models (advanced workers); those awarded honorary titles or first-class merit by theater (former military region) level units, as well as those recognized as national model military transfer cadres, shall enjoy corresponding treatment comparable to provincial and ministerial level labor models (advanced workers).

For military personnel who are awarded second-class merit during peacetime, or third-class merit or above during wartime, or corresponding rewards, the people's government at or above the county level of their household registration location before enlistment shall record them in the local chronicles according to the standards for entry.

For military personnel who are sacrificed and recognized as martyrs, the people's government of their household registration location before enlistment shall commemorate and honor them; on national memorial days, martyr memorial days, and major commemorative activities such as the "August 1" Army Day, representatives of the families of martyrs shall be invited to attend.

Article 11 During the service period of conscripts, the civil affairs department of the people's government at the county level of their household registration location before enlistment shall distribute family preferential treatment funds according to a standard of not less than 40% of the per capita disposable income of urban residents in the previous year. For undergraduate graduates, college graduates, and college students who enlist, their family preferential treatment funds shall be increased by 30%, 20%, and 10% respectively on the basis of the standard they should enjoy.

If there are other regulations on the increase and standards of family preferential treatment funds by the state and this province, they shall be implemented according to those regulations.

Article 12 People's governments at all levels and relevant departments shall help military families solve difficulties encountered in production and life from aspects such as labor, capital, technology, and information. For military families that meet the conditions for social assistance, the people's government at the county (city, district) level shall promptly include them in the social assistance system.

Article 13 During the service period of conscripts and non-commissioned officers, they shall retain the rural land contracting management rights obtained legally before enlistment. If the contracted rural land is requisitioned, occupied, or used, compensation shall be provided according to the law.

Conscripts and non-commissioned officers who have served for less than twelve years and were members of rural collective economic organizations before enlistment shall retain their membership during their service.

Article 14 People's governments at or above the county level shall support and cooperate with the stationed military forces to improve the housing conditions of military families, incorporating military families that meet local housing security conditions into the local urban housing security system, and giving priority to the allocation of guaranteed housing or providing rental housing subsidies.

Article 15 The human resources and social security, health, and family planning departments of the people's government at or above the county level shall support the stationed military forces in providing medical security services for military personnel and their spouses and children.

Military personnel and their spouses and children who receive medical security from the military and are far from military system hospitals may choose local designated hospitals for medical treatment nearby with the approval of military units at the regiment level or above, and the related expenses shall be settled according to regulations between the approving unit and the chosen designated hospital.

The transfer and continuation of basic medical insurance relationships for retired military personnel, unemployed spouses of military personnel, and children of retired military personnel shall be handled by local social insurance agencies in accordance with national and military regulations.

Article 16 People's governments at or above the county level shall comprehensively consider the educational needs of military personnel's children in their administrative regions, providing support in school settings, educational preferences, etc., to create conditions for military children to receive a good education.

Children of military personnel receiving preschool education and compulsory education shall be arranged to attend public kindergartens and primary and secondary schools according to national and provincial regulations; when applying for ordinary senior high schools, secondary vocational schools, and ordinary higher education institutions, they shall enjoy preferences according to national and provincial regulations.

Article 17 Military personnel holding valid certificates shall enjoy the following preferences within the province:

(1) Priority in purchasing tickets when using transportation such as buses, trains, ships, and civil aviation flights;

(2) Priority in medical treatment at local medical institutions;

(3) Free rides on urban public buses, subways, and light rail;

(4) Free visits to parks and publicly accessible cultural heritage sites, state-owned tourist attractions, and scenic spots;

(5) Free admission to museums, science and technology museums, memorials, cultural centers, and other public cultural service facilities.

Passenger transport departments such as railways, highways, and waterways shall set up special ticket purchase windows and waiting rooms for military personnel at stations and docks where conditions permit; medical institutions with conditions shall set up special windows for military personnel. Where conditions do not permit, priority signs for military personnel shall be set up.

Article 18 People's governments at or above the county level shall do a good job in the employment placement of military spouses based on local realities. If military spouses were civil servants or staff in public institutions before accompanying the military, they shall be placed according to relevant regulations, and the placement time limit shall not exceed the time specified by the state and the province.

People's governments at or above the county level shall arrange a certain number of positions in public institutions and public welfare positions for recruiting military spouses who meet the job conditions.

State-owned, state-controlled, and enterprises dominated by state capital shall allocate a certain proportion of quotas for the targeted recruitment of military spouses when hiring staff; in the case of economic layoffs, military spouses shall be given priority to retain their positions under the same conditions.

Article 19 Encourage and support military spouses to seek self-employment or start their own businesses. For military spouses who are self-employed or start their own businesses, the local people's government shall provide free skills training, guaranteed loans for entrepreneurship, support for entrepreneurship, and tax reductions according to relevant preferential policies; for unemployed military spouses, living allowances shall be provided by the local people's government according to the relevant regulations of the provincial government.

Article 20 State organs, social organizations, enterprises, and other organizations shall ensure the rights of military spouses living apart to visit their families, allowing military spouses to visit the troops once a year and reimbursing one round-trip travel expense. During the visit, the salary, bonuses, and benefits of military spouses shall not be deducted.

Article 21 For military transfer cadres who meet the regulations and need to be placed in the province, they shall be included in the provincial military transfer cadre placement plan. The provincial military transfer cadre placement plan shall be formulated and issued after soliciting opinions from relevant military agencies and units and departments, and receiving units shall not refuse for any reason.

For military transfer cadres assigned according to the plan, corresponding work and positions shall be arranged according to relevant regulations. If the state requires corresponding leadership positions to be arranged, it shall be implemented according to relevant regulations; if there are difficulties, corresponding non-leadership positions may be arranged, but a certain proportion of leadership positions should be arranged. Those placed in township people's governments and street offices shall be arranged according to the placement plan for corresponding civil servant positions.

For military transfer cadres assigned to state organs and public institutions, their allowances, subsidies, bonuses, and other living welfare benefits and work seniority calculations shall be implemented according to national regulations.

The relocation, employment placement, and school transfer of military transfer cadres' spouses and children shall be arranged according to national and provincial regulations.

Article 22 For military transfer cadres who choose self-employment, people's governments at or above the county level shall provide policy consultation, organize employment training, and grant retirement benefits according to national and provincial regulations.

For military transfer cadres engaged in individual business or starting economic entities, people's governments at or above the county level shall provide preferential policies such as skills training, entrepreneurship support, and tax reductions according to relevant regulations.

Article 23 Retired soldiers who meet one of the following conditions shall be arranged for work by the people's government:

(1) Non-commissioned officers who have served for twelve years;

(2) Those who have received second-class merit or above during peacetime or third-class merit or above during wartime;

(3) Those who have been rated as level five to eight disabled due to war;

(4) Children of martyrs.

If the task of arranging retired soldiers is heavy, the higher-level people's government shall coordinate the arrangement within the administrative region.

The local people's government shall complete the tasks for arranging the work of retired soldiers within six months of receiving them. During the period when retired soldiers are waiting for work arrangements, the local people's government shall provide living allowances on a monthly basis, not less than the local minimum living standard.

Article 24 National agencies, social organizations, and enterprises have the obligation to legally receive and arrange retired soldiers. When recruiting staff or hiring employees, priority should be given to qualified retired soldiers under the same conditions.

State-owned, state-controlled, and enterprises dominated by state capital should allocate a certain proportion of quotas for receiving retired soldiers who meet the conditions specified in Article 23 of these regulations when recruiting employees. Employers shall not replace the reception and arrangement with labor dispatch or paid transfer; retired soldiers with more than ten years of military service should be signed with an indefinite labor contract.

For retired soldiers who enlisted after graduating from university, they can be regarded as this year's fresh graduates within one year after retirement. They can apply to their original universities for employment registration procedures again with the recruitment procedures of the employer and enjoy services such as employment information, key recommendations, and employment guidance. Relevant departments of the provincial people's government should organize special recruitment activities for retired university student soldiers based on the actual situation of the province. When township people's governments and street offices assign full-time armed personnel, they should mainly recruit from retired university student soldiers. In the annual recruitment and training system reform examination for political and legal police, a certain proportion of quotas should be arranged for recruiting retired university student soldiers. Qualified retired university student soldiers should be given priority in recruitment examinations for rural grassroots service projects organized by the province, village officials, and special post teachers under the same conditions.

Article 25 For retired soldiers who are self-employed, the local people's government civil affairs department shall provide a one-time economic subsidy in accordance with national and provincial regulations.

People's governments at or above the county level should strengthen guidance and services for the self-employment of retired soldiers, providing preferential policies such as skills training, entrepreneurial support, guaranteed loans for entrepreneurship, and tax reductions. Encourage employers to recruit self-employed retired soldiers; qualified employers shall enjoy tax and other benefits according to the law.

Article 26 Soldiers who were admitted to ordinary higher education institutions before enlistment or are studying in ordinary higher education institutions shall retain their admission qualifications or student status during their active service. Within two years after retirement, they are allowed to enroll or resume their studies, and according to national and provincial regulations, they can choose to change majors, be exempted from military skills training, and enjoy policies such as tuition reduction, tuition reimbursement, national student loan repayment, and preferential treatment for graduate school and higher vocational education.

After soldiers retire from active service, they can enter secondary vocational schools without examination; those with ordinary higher vocational (associate degree) qualifications can apply for exemption from examination to enter adult higher education in the province; those participating in adult higher education entrance examinations and applying for ordinary higher education institutions shall enjoy preferential treatment according to national and provincial regulations.

Article 27 People's governments at or above the county level shall properly handle the reception and placement of disabled soldiers in accordance with relevant regulations and implement national and provincial regulations on pensions and preferential treatment.

The reception, placement, and treatment guarantees for retired and retired soldiers shall be implemented in accordance with national and provincial regulations.

Article 28 Relevant national agencies shall properly handle disputes involving the rights and interests of soldiers and their families in accordance with the law. Upon receiving complaints, accusations, and reports from soldiers and their families, or rights protection applications transferred by military rights protection organizations, they shall accept them according to the law and promptly feedback the handling results.

Article 29 When formulating local laws, regulations, and normative documents involving the rights and interests of soldiers and their families, opinions and suggestions from relevant military agencies and representatives of soldiers and their families should be solicited.

Article 30 Those who violate the provisions of these regulations and fail to fulfill the preferential obligations for soldiers shall be ordered by the civil affairs department of the county-level people's government to fulfill their obligations within a time limit. If they still fail to fulfill them after the deadline, they shall be fined between two thousand and ten thousand yuan; those directly responsible and other directly responsible personnel shall be punished according to the law.

Article 31 Those who violate the provisions of these regulations and refuse or delay the execution of the work tasks assigned by the people's government for the reception and placement of retired soldiers, fail to sign labor contracts or employment contracts with retired soldiers according to the law, and terminate labor or personnel relations with disabled retired soldiers shall be ordered by the local people's government department in charge of retired soldiers' placement work to correct within a time limit; if they do not correct after the deadline, the main responsible persons and directly responsible personnel of national agencies, social organizations, and public institutions shall be punished according to the law. Enterprises shall be fined an amount equal to the number of retired soldiers involved multiplied by ten times the average wage of urban employees in the previous year, and the receiving unit and its main responsible persons shall be criticized publicly.

Article 32 Those who violate the provisions of these regulations and fail to fulfill other responsibilities and obligations for the protection of the rights and interests of soldiers and their families shall be criticized publicly by the people's government at or above the county level and ordered to correct within a time limit; those directly responsible and other directly responsible personnel shall be punished according to the law; if a crime is constituted, criminal responsibility shall be pursued according to the law.

Article 33 These regulations shall come into effect on January 1, 2017.