Order of the Ministry of Veterans Affairs of the People's Republic of China

No. 1

The "Management Measures for Disability Compensation" has been reviewed and approved by the Ministry of Veterans Affairs, and is now promulgated, effective from February 1, 2020.

Minister Sun Shaocheng

December 16, 2019

Management Measures for Disability Compensation

Promulgated by the Ministry of Civil Affairs Order No. 34 on July 31, 2007. Revised according to the decision of the Ministry of Civil Affairs on July 5, 2013, to amend the "Management Measures for Disability Compensation". Revised by the Ministry of Veterans Affairs Order No. 1 on December 16, 2019.

Chapter One General Principles

Article 1 In order to standardize and strengthen the management of disability compensation work by the Ministry of Veterans Affairs, this measure is formulated in accordance with the "Regulations on Military Personnel Compensation and Preferential Treatment" and other laws and regulations.

Article 2 These measures apply to Chinese citizens who meet the following conditions:

(1) Military personnel who are disabled due to war or work-related injuries during their service, and disabled military personnel who were assessed with a disability level due to illness during their service;

(2) People's police who were injured due to war or work-related incidents while in administrative positions;

(3) Reservists, militia, migrant workers, and other personnel who became disabled due to participating in wars, military exercises, military training, and performing military duties;

(4) Personnel who became disabled while fighting against criminals to maintain social security;

(5) Personnel who became disabled while rescuing and protecting national property and people's lives and property;

(6) Other personnel whose disability compensation should be handled by the Ministry of Veterans Affairs as stipulated by laws and administrative regulations.

The personnel listed in the previous paragraph under (3), (4), and (5) shall be recognized as work-related injuries according to the "Work Injury Insurance Regulations" and shall not apply for disability compensation due to war or work-related injuries.

Article 3 Personnel listed in Article 2 of these measures who meet the provisions of the "Regulations on Military Personnel Compensation and Preferential Treatment" and relevant policies regarding disabilities due to war or work-related incidents may be recognized as disabled due to war or work-related incidents; individuals who bear fault responsibility for the events and actions that led to their disability, as well as those who do not meet the conditions for being recognized as disabled due to war or work-related incidents, shall not be recognized as such.

Article 4 The work of disability compensation should follow the principles of openness, fairness, and justice. The veterans affairs department of the county-level people's government should publish relevant procedures for disability assessment and standards for compensation.

Chapter Two Disability Level Assessment

Article 5 The assessment of disability levels includes new assessments, re-assessments, and adjustments of disability levels.

New assessments refer to the determination of the nature of disability due to war or work-related incidents for personnel other than those specified in Article 2, paragraph 1, item (1). Re-assessments refer to the determination of the nature of disability due to war or work-related incidents for active military personnel who were disabled due to war or work-related incidents but were unable to be assessed in a timely manner, and who, after leaving service, apply for assessment according to the provisions of the "Regulations on Military Personnel Compensation and Preferential Treatment". Adjustments refer to the adjustment of the disability level for personnel whose disability situation has changed significantly from the original assessment, and those who do not meet the minimum assessment standards may have their disability level canceled.

For new assessments, applicants should submit their applications within three years of being injured due to war or work-related incidents or being diagnosed with an occupational disease; for adjustments, applications should be submitted one year after the last assessment.

Article 6 Applicants (for mental illness patients, their interested parties may assist in the application) applying for disability level assessment should submit a written application to their unit. The applicant's unit should promptly review the application for disability level assessment, provide written opinions, affix the unit's official seal, and submit it along with relevant materials to the veterans affairs department of the county-level people's government for review.

Those without a work unit or applying for disability level assessment based on the original disability site may apply directly to the veterans affairs department of the county-level people's government at their registered residence.

Article 7 Applicants applying for disability level assessment should provide the following authentic and accurate materials: written application, a copy of their ID card or household registration book, copies of relevant documents such as veteran certificates (veteran registration forms), people's police certificates, and a recent two-inch color photo without a hat.

For new assessments, applicants should submit proof of the circumstances leading to the disability and medical diagnosis proof. The proof of circumstances leading to the disability should include relevant documents provided by functional departments, such as proof of performing official duties, traffic accident liability identification, mediation agreements, civil judgments, medical accident identification, etc.; proof of disability due to rescuing and protecting national property or people's lives and property, or due to fighting against criminals to maintain social security; and proof of participating in wars, military exercises, military training, and performing military duties organized uniformly. Medical diagnosis proof should include original outpatient medical records with relevant seals from the issuing unit, copies of hospitalization records, and relevant examination reports.

For re-assessments, applicants should submit records of disability due to war or work-related incidents or original medical proof. Records refer to exact written records made by the unit in the applicant's file regarding the original injury circumstances, treatment situations, and follow-up handling. For occupational disease-related disabilities, records of direct involvement in work related to the occupational disease should be provided. For medical accident-related disabilities, conclusions from medical accident identification issued by military logistics health agencies should be provided. Original medical proof refers to diagnosis certificates, discharge summaries, or original outpatient medical records issued by the hospital of the original unit, and copies of hospitalization records with relevant seals from the issuing unit.

For adjustments of disability levels, applicants should submit medical records and hospital examination reports, diagnosis conclusions, etc., from a hospital above the second-class level within the last six months.

Article 8 The veterans affairs department of the county-level people's government should verify the submitted materials and inform the applicant to supplement materials if the materials are incomplete or do not meet the legal form.

The county-level people's government veteran affairs department, after review, believes that the applicant meets the conditions for disability due to war or work-related injuries. After approval from the veteran affairs department at the municipal level or above, they should fill out the "Disability Level Assessment Approval Form" and issue a "Receipt Notification" within 20 working days from the date of acceptance, notifying the applicant to go to the designated medical institution by the veteran affairs department at the municipal level or above to assess the disability caused by war or work. A medical expert group will issue a medical assessment opinion on the disability level based on the "Military Disability Level Assessment Standards." The assessment of disability due to occupational diseases will be made by medical institutions designated by the provincial veteran affairs department that undertake occupational disease diagnosis; the assessment of disability due to mental illness will be made by psychiatric hospitals at or above the secondary level designated by the provincial veteran affairs department.

The county-level people's government veteran affairs department will determine the disability level for the applicant based on the medical assessment opinion provided by the medical expert group, sign the opinion on the "Disability Level Assessment Approval Form," affix the seal, and submit it along with other application materials to the municipal-level veteran affairs department within 20 working days from the date of receiving the medical expert group's signed opinion.

The county-level people's government veteran affairs department, for personnel specified in Article 2, Paragraph 1, Item (1) of these measures, after review, believes they do not meet the conditions for disability due to war or work-related injuries, or if the medical expert group determines that they do not meet the standards for reassessment or adjustment of disability levels, should report to the provincial veteran affairs department step by step according to the relevant provisions of the "Regulations on Military Pension and Preferential Treatment." For personnel outside of Article 2, Paragraph 1, Item (1), if they are deemed not to meet the conditions for disability due to war or work-related injuries, or if the medical expert group determines that they do not meet the standards for new assessment or adjustment of disability levels, they should fill out the "Disability Level Assessment Result Notification" and return it to the applicant or their unit along with the materials provided by the applicant.

Article 9: The municipal-level people's government veteran affairs department, after reviewing the submitted materials, will sign the opinion on the "Disability Level Assessment Approval Form" and affix the seal.

For those who meet the conditions, the above materials should be submitted to the provincial veteran affairs department within 20 working days from the date of receipt. For those who do not meet the conditions, for personnel specified in Article 2, Paragraph 1, Item (1), report to the provincial veteran affairs department according to the relevant provisions of the "Regulations on Military Pension and Preferential Treatment"; for personnel outside of Article 2, Paragraph 1, Item (1), fill out the "Disability Level Assessment Result Notification" and return it step by step to the applicant or their unit along with the materials provided by the applicant.

Article 10: The provincial people's government veteran affairs department, after preliminary review of the submitted materials, if they believe the conditions are met, will notify the county-level people's government veteran affairs department to publicize the applicant's disability assessment situation step by step. The publicized content should include the time, place, reason, and disability situation (not to be publicized if it involves privacy or is inappropriate), the proposed disability level, and the contact information of the county-level veteran affairs department. The public notice should be conducted at the applicant's workplace or residence for no less than 7 working days. The county-level people's government veteran affairs department should verify the feedback received during the public notice and sign the opinion, reporting it step by step to the provincial veteran affairs department. For those adjusting levels, they should also report the disability certificate held by the individual.

The provincial people's government veteran affairs department should review the opinions from the public notice, sign the approval opinion on the "Disability Level Assessment Approval Form," and affix the seal. For those who meet the conditions, they will process the disability certificate (for those adjusting levels, fill in the new level in the certificate change column) and issue it to the applicant or their unit step by step within 60 working days from the end of the public notice. For those who do not meet the conditions, fill out the "Disability Level Assessment Result Notification" and return it step by step to the applicant or their unit along with the materials provided by the applicant within 60 working days from the date of receipt of the materials or from the end of the public notice.

Article 11: If the applicant or the veteran affairs department has objections to the medical assessment opinion on the disability level made by the medical expert group, they can go to the medical institution designated by the provincial people's government veteran affairs department for reassessment.

The provincial people's government veteran affairs department may establish a medical expert group to provide assessment opinions on the disability situation and the disability level that should be assessed.

Article 12: If a disabled person has multiple disabilities due to different identities as a soldier, police officer, or other personnel, the veteran affairs department will only issue one type of certificate in the above order and indicate the time and nature of the subsequent disabilities in the certificate change column, as well as the combined assessment level and nature.

If the disabled parts cannot be combined for assessment, they can first assess each part separately. For different levels, the higher level will be used; for two or more items with the same level, only one level can be promoted.

For multiple disabilities of different natures, the higher level will determine the classification. For the same level, the classification will be determined in the order of war, work, and illness.

Chapter 3: Management of Disability Certificates and Archives

Article 13: Types of disability certificates issued:

(1) For veterans who are disabled due to war, work, or illness during their service, the "People's Republic of China Disabled Military Personnel Certificate" will be issued;

(2) For police officers disabled due to war or work, the "People's Republic of China Disabled Police Officer Certificate" will be issued;

(3) For personnel who have exited the national comprehensive fire rescue team and are disabled due to war, work, or illness during their service, the "People's Republic of China Disabled Fire Rescue Personnel Certificate" will be issued;

(4) For reserve personnel, militia, migrant workers, and other personnel disabled due to participation in war, military exercises, military training, and military duties, the "People's Republic of China Disabled Reserve Personnel, Disabled Militia, and Migrant Workers Certificate" will be issued;

(5) For other personnel disabled due to work, the "People's Republic of China Work-Related Disability Certificate" will be issued.

Article 14: Disability certificates are uniformly produced by the State Council veteran affairs department. The validity period of the certificates: 5 years for those under 15 years old, 10 years for those aged 16-25, 20 years for those aged 26-45, and long-term for those over 46 years old.

Article 15: If the validity period of the disability certificate expires or it is damaged or lost, the certificate holder should apply to the county-level people's government veteran affairs department for reissuing or replacing the certificate. If the disability certificate is lost, the individual must publicly declare it invalid.

The county-level people's government veteran affairs department, after review, believes that the conditions are met, will fill out the "Disability Certificate Replacement and Reissue Approval Form" and submit it step by step to the provincial people's government veteran affairs department along with photos. The provincial people's government veteran affairs department will issue the newly processed disability certificate to the applicant step by step through the county-level people's government veteran affairs department. Veteran affairs departments at all levels should complete the matters that need to be handled at their level within 20 working days.

Article 16: Disabled individuals who wish to settle in the Hong Kong Special Administrative Region, the Macao Special Administrative Region, Taiwan, or other countries and regions must apply to the veterans affairs department of the county-level people's government at their registered residence (or original registered residence). The veterans affairs department at the registered residence (or original registered residence) must indicate the changes in the change column. For those who need to reissue a new certificate, the "ID number" section should be filled with the residence permit number of the settlement location. The "registered residence" refers to the location of domestic compensation relations.

Article 17: In the event of the death of a disabled individual, their family members or interested parties should promptly inform the veterans affairs department of the county-level people's government at the disabled individual's registered residence. The veterans affairs department should cancel their disability certificate and report it to the provincial veterans affairs department for record.

Article 18: The veterans affairs department must have registration procedures for all materials submitted for declaration and approval, as well as disability certificates. All delivered materials or certificates must be sent by registered mail or signed for by the applicant.

Article 19: The veterans affairs department of the county-level people's government should establish a file for disabled individuals, with one file per person, and keep it for a long time.

Chapter 4: Transfer of Disability Compensation Relations

Article 20: Disabled military personnel who retire or transfer to the government must apply to the veterans affairs department of the county-level people's government at their new registered residence within 60 days after completing the retirement or transfer procedures with the military. The veterans affairs department must conduct review, registration, and record-keeping. The materials for review include: "Household Registration Book," "Disabled Military Personnel Certificate," the military department's issued "Military Disability Level Assessment Form," "Application Approval Form for Replacing the People's Republic of China Disabled Military Personnel Certificate," retirement documents, or relevant proof of government placement.

The veterans affairs department of the county-level people's government should review the disability status and relevant materials of disabled military personnel, and may re-evaluate the disability status if necessary. If deemed eligible, the "Disabled Military Personnel Certificate" and relevant materials should be reported step by step to the provincial veterans affairs department. If the provincial veterans affairs department verifies that there are no errors, it will fill in the new registered residence and re-number in the change column of the "Disabled Military Personnel Certificate," affix the seal, and return the "Disabled Military Personnel Certificate" to the applicant step by step through the county-level veterans affairs department. Each level of the veterans affairs department should complete the necessary matters within 20 working days. If a re-evaluation or assessment of the disability status is required, the working days may be appropriately extended.

If the disability status recorded in the "Military Disability Level Assessment Form" or the "Application Approval Form for Replacing the People's Republic of China Disabled Military Personnel Certificate" is obviously inconsistent with the disability level, the county-level veterans affairs department should suspend registration and report step by step to the provincial veterans affairs department to notify the original approval authority for correction, or re-evaluate the disability level according to the re-evaluated disability status. If the "Disabled Military Personnel Certificate" and assessment materials are forged or altered, the county-level people's government veterans affairs department will revoke the "Disabled Military Personnel Certificate" and will not register it, and will hand it over to the local public security authority for handling.

Article 21: When disabled individuals migrate their registered residence across provinces, they should simultaneously transfer their disability compensation relations. The veterans affairs department of the county-level people's government at the migration out location should send the disability file, a copy of the household registration book at the migration in location, and the "Disability Personnel Relationship Transfer Certificate" to the veterans affairs department of the county-level people's government at the migration in location based on the application of the disabled individual and their disability certificate, and simultaneously report this information step by step to the provincial veterans affairs department.

The veterans affairs department of the county-level people's government at the migration in location should report step by step to the provincial veterans affairs department after receiving the above materials and the disability certificate provided by the applicant. After the provincial veterans affairs department verifies with the provincial veterans affairs department at the migration out location that there are no errors, it will fill in the new registered residence and re-number in the change column of the disability certificate, affix the seal, and return it to the applicant step by step through the county-level veterans affairs department. Each level of the veterans affairs department should complete the necessary matters within 20 working days.

When the veterans affairs department at the migration out location mails the disability file, it should also include a copy of the disability certificate and the military or local relevant assessment approval form or replacement form for reference.

Article 22: The relevant procedures for disabled individuals migrating within the province, autonomous region, or municipality directly under the central government shall be stipulated by the veterans affairs department of the provincial, autonomous region, or municipal government.

Chapter 5: Distribution of Compensation Payments

Article 23: Disabled individuals will receive compensation from the veterans affairs department of the county-level people's government at their registered residence starting from the month following the approval of their disability level assessment. For those who transfer their disability compensation relations, the compensation for that year will be provided by the military or the veterans affairs department at the migration out location, and from the following year, it will be provided by the veterans affairs department at the migration in location according to local standards. If the interruption of compensation payments is caused by the applicant, no supplementary payments will be made.

Article 24: Disabled individuals residing in a different location within the country (referring to a location other than their registered residence) or those who settle in the Hong Kong Special Administrative Region, the Macao Special Administrative Region, Taiwan, or other countries and regions may, after applying to the veterans affairs department of the county-level people's government at their registered residence (or original registered residence) and completing the relevant procedures, authorize others to collect their disability compensation, or authorize the veterans affairs department of the county-level people's government at their registered residence (or original registered residence) to deposit it into their designated financial institution account, with the costs borne by themselves.

Article 25: Disabled individuals (or their family members) should contact the veterans affairs department of the county-level people's government at their registered residence (or original registered residence) once a year to confirm their eligibility for benefits through face-to-face meetings, facial recognition, etc. If they do not contact and confirm within the year, the county-level people's government veterans affairs department should notify the individual or their family members to contact and confirm in a timely manner through announcements or notifications; if they still do not contact or confirm within 60 days after the announcement or notification, the payment of disability compensation and related benefits will be suspended from the following month.

After the disabled individual (or their family member) re-confirms their eligibility for benefits with the veterans affairs department at their registered residence (or original registered residence), the payment of disability compensation and related benefits will be restored from the following month, and the suspended compensation will not be made up.

Article 26: If a disabled individual changes nationality, has their disability level revoked, or dies, the payment of disability compensation and related benefits will be suspended from the month following the change of nationality, revocation of disability level, or death, and their disability certificate will naturally become invalid.

Article 27: Those who engage in any of the following behaviors will be warned by the county-level people's government veterans affairs department, have their compensation and preferential treatment stopped, and illegal gains recovered; if a crime is constituted, criminal responsibility will be pursued according to law:

(1) Forging disability status;

(2) Illegally obtaining compensation funds;

(3) Fraudulently obtaining medical expenses and other costs;

(4) Issuing false certificates, forging documents and seals to fraudulently obtain compensation funds and related benefits.

Article 28 The veteran affairs department of the county-level people's government shall, based on effective legal documents from the people's court, wanted notices issued by public security organs, or relevant national regulations, decide to suspend compensation and benefits for disabled individuals who meet the criteria for suspension, and notify the individual or their family members and interested parties.

Article 29 Disabled individuals whose compensation has been suspended may apply for restoration of compensation and related benefits after serving their sentence and regaining political rights, cancellation of the wanted notice, or meeting relevant national regulations. The application must be made by the individual (or by their interested party in the case of mental illness) and, upon review by the county-level veteran affairs department, if conditions are met, compensation and related benefits will be restored starting from the month following the confirmation of the review, and the previously suspended compensation will not be reimbursed. The following materials must be provided for the restoration of compensation: personal application, household registration book, and relevant proof from judicial authorities. If re-issuance of documents is needed, it should be handled according to the regulations for lost documents.

Chapter 6 Supplementary Provisions

Article 30 These measures apply to the Chinese People's Armed Police Force.

Article 31 For personnel who are disabled due to war or work-related injuries during the deepening of national defense and military reform, and for civilian personnel who are disabled due to participation in military training, non-war military operations, and combat support tasks, as well as firefighters and rescue personnel disabled due to war or work-related injuries, and firefighters who have been assessed with a disability level due to illness, the management of disability compensation after leaving the military or national comprehensive firefighting and rescue teams shall be implemented in accordance with the relevant regulations for disabled military personnel who have left active service.

Article 32 People's police not included in the administrative establishment may refer to these measures for assessing disability levels, and their disability compensation shall be issued by their respective units according to regulations.

Article 33 Provincial-level veteran affairs departments may formulate specific work details based on local actual conditions.

Article 34 These measures shall come into effect on August 1, 2007.

Attachment:

1. Acceptance Notification

2. Disability Level Assessment Approval Form

3. Disability Level Assessment Result Notification

4. Approval Form for Replacement of Certificates for Disabled Individuals

5. Proof of Transfer of Relationship for Disabled Individuals

6. Public Notice of Disability Assessment