The draft of the Law on the Support of Retired Soldiers for Public Comment

Regulate the handover and improve the military-ground connection system

　　On June 22, the official website of the National People's Congress published the full text of the "Law of the People's Republic of China on the Support of Retired Soldiers (Draft)" for external comment. At the 19th meeting of the 13th National People's Congress Standing Committee, Sun Shaocheng, the retired military affairs minister, was entrusted by the State Council and the Central Military Commission to explain the draft. It is reported that this is my country's first basic law on retired soldiers.

Regulate the handover of retired soldiers

　　The draft regulates the handover of retired soldiers. The draft stipulates that the original army of retired soldiers should hand over the retired soldiers to the competent department of retired soldiers' work of the people's government at the place of resettlement.

　　Retired soldiers are required to report to the department in charge of the work of retired soldiers within the stipulated time, and stipulate the transfer of files and registration of household registration of retired soldiers. At the same time, the draft also improves the military-ground connection mechanism. In the process of handing over and receiving, the retired soldiers will be dealt with the problems related to their active duty by their original troops; the resettlement government will be responsible for the problems related to the resettlement. Article 22 of the draft stipulates that organs, people's organizations, public institutions and state-owned enterprises shall accept and place resettlement officers, sergeants who arrange jobs and conscripts.

　　For the retired soldiers participating in the war, the retired officers who are the chief officers of the divisions, brigades, regiments, and battalion units of the combat troops, the retired soldiers who are the children of martyrs, the exemplary heroes, and the retired soldiers who have been in active service in long-distance remote areas or special positions for a long time, priority placement .

　　The draft also made it clear that the state establishes a mandatory transfer, placement, admission, and recuperation system for wounded, disabled, and retired soldiers.

Various ways to strengthen decommissioning resettlement guarantee

　　In terms of "decommissioning resettlement", the draft also made provisions. For retired military officers, the state properly retires, transfers, demobilizes, and collects retirement funds on a monthly basis.

　　The draft also strengthened resettlement guarantees. It is stipulated that transfer officers, sergeants and conscripts assigned to work shall be accepted and placed by organs, people's organizations, public institutions and state-owned enterprises, and shall be provided with preparation support in accordance with the regulations.

　　With regard to transferred military officers, it is clear that the government will arrange jobs according to work needs, their virtues and aptitudes, and positions and ranks in the military, and do a good job in determining job ranks.

　　The draft clarifies that if the retirement is transferred to the people's government for resettlement, the people's government at the place of resettlement will do a good job in service management and guarantee its treatment in accordance with the combination of national security and socialized services. For resettlement by job transfer, the people’s government at the place of resettlement will arrange jobs according to job needs and their ethical conditions, as well as the military’s position, rank, contributions during active service, and expertise, and do a good job in determining the job rank. If resettled by means of demobilization, the demobilization fee shall be paid in accordance with relevant state regulations. If the person is placed on a monthly basis to receive retirement money, he must be in active service for a prescribed period of time and receive monthly retirement money in accordance with relevant state regulations.

Encourage and support the employment and entrepreneurship of retired soldiers

　　In terms of "education and training", the draft stipulates that before the soldiers retire, their troops can provide vocational skill reserve training, organize participation in higher education self-study exams and higher education, and non-degree education. At the same time, it was clarified that colleges and universities recruited retired soldiers through separate programs and separate enrollment.

　　Active military personnel have been admitted to ordinary colleges or enrolled students before enlisting in the military. After retirement, they will enjoy relevant education preferential policies in terms of enrollment and re-entry.

　　In terms of "employment and entrepreneurship", the draft clearly states that the state adopts a combination of government promotion, market orientation, and social support to encourage and support the employment and entrepreneurship of retired military personnel, and promote the employment and entrepreneurship of retired military personnel.

　　When recruiting or recruiting personnel, government agencies, people's organizations, public institutions, and state-owned enterprises can appropriately relax the age and academic qualifications of retired soldiers, and preferentially recruit and recruit retired soldiers under the same conditions.

　　A certain number of grass-roots civil servant positions have been set up in various places to recruit candidates for retired military personnel who have been in active service for five years.

　　Retired soldiers of college graduates who have been in active service for five years can apply for positions targeted at service-level grassroots project personnel, and share the civil service-oriented plan for training with service-level grassroots project personnel.

The state establishes special care hospitals, glorious hospitals, etc.

　　In terms of "preferential treatment and pensions", the draft clearly states that the state will gradually eliminate the urban-rural differences in the preferential treatment system, and establish an overall and balanced quantitative standard system for preferential treatment.

　　After retiring from service, soldiers shall participate in social insurance such as pension, medical treatment, unemployment, work injury, etc., and enjoy corresponding treatment. If the soldiers meet the conditions for preferential treatment of resettlement housing when they retire, they shall combine market purchase with centralized military-lands integrated construction. The people’s government at the place of resettlement shall make overall plans for scientific implementation.

　　Article 50 of the draft also mentions that the state establishes special care hospitals and glorious hospitals to admit or concentrate on supporting retired soldiers who have made outstanding contributions during active service and are lonely or unable to take care of themselves.

　　The draft makes it clear that the state establishes a "help and assistance mechanism". In the areas of old-age care, medical care, housing, etc., retired soldiers who have difficulty in life shall be given assistance in accordance with relevant state regulations.

Implement the "Retired Soldiers Work Responsibility System"

　　In terms of "management and supervision", the draft clearly states that the competent department of the work of retired soldiers at or above the county level should provide support and assistance for retired soldiers to safeguard their legitimate rights and interests. The legitimate rights and interests of retired soldiers have been violated and shall be resolved in accordance with law.

　　The state implements a "work responsibility system for retired soldiers" and an "assessment and evaluation system." The government at or above the county level shall include the completion of the work of the retired soldiers into the assessment and evaluation of the department and its person in charge of the work of the retired soldiers at the same level and the people’s government at the lower level and their responsible persons.

　　In terms of "legal responsibility", the draft clearly states that if the competent department of work of retired soldiers and their staff have one of the following behaviors, their superior departments shall order it to correct it and punish the directly responsible persons in charge and other directly responsible persons according to law.

　　These types of behaviors include: those who determine the placement of retired soldiers in violation of regulations; those who issued false documents during the placement of retired soldiers; those who issued unqualified personnel with a certificate of preferential treatment for retired soldiers; ; Violating the regulations to determine the object, standard, amount of preferential treatment or giving relative treatment to retired soldiers; using their positions in the work of retired soldiers to seek personal gain for themselves or others; there are other violations of laws and regulations.

　　The draft also mentions that if retired soldiers fraudulently obtain fraud-related treatment, the relevant departments of the retired soldiers at the county level or above shall cancel the relevant treatment, recover the illegal income, and be punished by their units or relevant departments according to law.

　　Text/Reporter Meng Yaxu coordinating/Liu Xiaoxue

　　Draft description

　　Let soldiers become a profession respected by the whole society

　　The explanation of the draft mentioned that since the 18th National Congress of the Party, the Party Central Committee with Comrade Xi Jinping at the core has made a series of major arrangements for the work of retired soldiers, and has set new requirements for the work of retired soldiers in the new era.

　　Prior to the institutional reform in March 2018, the placement, employment, and preferential treatment of officers and soldiers were dispersed in relevant departments. The relevant regulations are relatively scattered and need to be integrated. Problems that are generally reflected in the work of retired soldiers need to be resolved through law as a whole.

　　The Beijing Youth Daily reporter noted that Article 1 of the draft clearly states that “In order to strengthen the work of retired soldiers, safeguard the lawful rights and interests of retired soldiers, and make soldiers a profession respected by the whole society, this law is enacted in accordance with the Constitution.” The term "retired soldiers" referred to in this Law refers to officers, sergeants and conscripts who have been retired from active service according to law.

　　According to the draft description, the Ministry of Veterans Affairs and the Political Work Department of the Central Military Commission drafted the “Law of the People’s Republic of China on the Support of Veterans (Draft) (Draft)”, which was submitted to the State Council and the Central Military Commission for consideration in July 2019.

　　The Ministry of Justice and the Legislative Affairs Bureau of the Central Military Commission have solicited the opinions of the relevant central units, provincial governments and military units, and went to local investigations to hold seminars to listen to the opinions of local governments and their relevant departments and combat troops and retired military representatives.

　　On this basis, in conjunction with the Ministry of Veterans Affairs, the Political Work Department of the Central Military Commission, and other relevant departments, the drafts submitted for review were revised to form the Law of the People’s Republic of China on the Support of Veterans (Draft). The draft has been discussed and approved by the State Council Executive Meeting and the Central Military Commission Executive Meeting.