法律文本

中华人民共和国预备役军官法(2010修订)

Law of the People’s Republic of China on Reserve Officers (Revision 2010)

（1995年5月10日第八届全国人民代表大会常务委员会第十三次会议通过 根据2010年8月28日第十一届全国人民代表大会常务委员会第十六次会议《关于修改〈中华人民共和国预备役军官法〉的决定》修正）

(Adopted at the 13th Meeting of the Standing Committee of the Eighth National People's Congress on May 10, 1995, and amended in accordance with the Decision on Amending the Law of the People's Republic of China on Reserve Officers adopted at the 16th Meeting of the Standing Committee of the 11th National People's Congress on August 28, 2010)

目 录

Contents

  第一章 总 则

Chapter 1 General Provisions

  第二章 预备役军官的条件、来源和选拔

Chapter II Requirements, Sources and Selection of Reserve Officers

  第三章 预备役军官的职务等级和职务

Chapter III Post Grades and Posts for Reserve Officers

  第四章 预备役军官的军衔

Chapter 4 Military Ranks for Reserve Officers

  第五章 预备役军官的登记

Chapter 5 Registration of Reserve Officers

  第六章 预备役军官的培训

Chapter 6 Training of Reserve Officers

  第七章 预备役军官的征召

Chapter 7 Recruitment of Reserve Officers

  第八章 预备役军官的待遇

Chapter 8 Benefits and Treatment for Reserve Officers

  第九章 预备役军官的退役

Chapter 9 Retirement of Reserve Officers

  第十章 法律责任

Chapter 10 Legal Liabilities

  第十一章 附 则

Chapter 11 Supplementary Provisions

第一章 总 则

Chapter 1 General Provisions

第一条   为了健全预备役军官制度，完善国家武装力量动员体制，加强国防后备力量建设，根据宪法和兵役法，制定本法。

Article 1 This Law is enacted in accordance with the Constitution and the Military Service Law for the purpose of establishing a sound system of reserve officers, improving the mobilization system of the armed forces of the State, and strengthening the reserve forces for national defense.

第二条   本法所称预备役军官是被确定为人民解放军预备役排级以上职务等级或者初级以上专业技术职务等级，被授予相应的预备役军官军衔，并经兵役机关登记的预备役人员。

Article 2 The term "reserve officers" as used in this Law refers to the reservists who have been assigned reserve post grades at or above the level of platoon leader, or specialized technical post grades at or above the junior level, of the People's Liberation Army, granted corresponding military ranks for reserve officers, and registered with military service organs.

第三条   预备役军官是国防后备力量的重要组成部分，是战时补充现役军官的主要来源之一。

Article 3 Reserve officers are an important part of the reserve force for national defense and one of the major sources to supplement officers on active duty during wartime.

预备役军官履行法律赋予的职责，享有与其职责相应的地位和荣誉。国家依法保障预备役军官的合法权益和相应待遇。

Reserve officers shall perform their duties endowed by law and shall enjoy status and honor commensurate with their duties. The state shall legally protect their legitimate rights and interests and relevant treatments.

第四条   预备役军官按照职务性质分为军事军官、政治军官、后勤军官、装备军官和专业技术军官。

Article 4 Reserve officers, by the nature of the posts they hold, shall be classified as operational officers, political officers, logistics officers, armament officers and specialized technical officers.

军官预备役按照平时管理和战时动员的需要，分为两类：在预备役部队任职的和预编到现役部队的预备役军官为第一类军官预备役；其他预备役军官为第二类军官预备役。

The reserve of officers, according to the needs of administration in peacetime and mobilization in wartime, is divided into two categories: class one for reserve officers who serve in reserve forces and class two for reserve officers who are pre-assigned to active forces; and class two for other reserve officers.

第五条   全国的预备役军官管理工作在国务院、中央军事委员会领导下，由人民解放军总政治部主管。

Article 5 Under the leadership of the State Council and the Central Military Commission, the General Political Department of the People's Liberation Army shall be the competent authority for the administration of reserve officers throughout the country.

军区、省军区（卫戍区、警备区）、军分区（警备区）政治部负责本区域的预备役军官管理工作。军兵种政治部负责军兵种部队预备役军官的有关管理工作。

The political departments of the military commands, provincial military commands (including garrison commands) and military sub-commands (including garrison commands) shall be responsible for the administration of reserve officers in their respective regions. The political department of the arms of the services shall be responsible for the administration of reserve officers in the arms of services.

县、自治县、不设区的市、市辖区人民武装部（以下统称县人民武装部）负责本行政区域预备役军官的具体管理工作。

The people's armed forces departments of the counties, autonomous counties, cities not divided into districts, and municipal districts (hereinafter generally referred to as the people's armed forces departments at the county level) shall be in charge of the specific administration of reserve officers in their respective administrative regions.

第六条   国务院有关部门、地方各级人民政府应当根据职责分工，依照本法和有关法律、法规的规定，做好预备役军官的有关管理工作。

Article 6 The departments concerned under the State Council and the local people's governments at various levels shall, in line with their division of responsibilities and in compliance with the provisions of this Law and other pertinent laws and regulations, do well the relevant work concerning the administration of reserve officers.

第七条   人民解放军总政治部、军区政治部、省军区（卫戍区、警备区）政治部、军分区（警备区）政治部和县人民武装部会同有关政府部门，建立健全军地预备役军官工作联席会议制度，定期召开军队和地方有关部门、当地预备役部队和预编预备役军官的现役部队参加的联席会议，协调解决预备役军官工作中的有关问题。有特殊需要时，可以临时召集会议。

Article 7 The general political department of the People's Liberation Army, the political departments of the military commands, provincial military commands (including garrison commands) and military sub-commands (including garrison commands) and the people's armed forces departments at the county level shall, in conjunction with the relevant governmental departments, establish and improve a joint conference system for military and civilian reserve officers work, regularly convene joint conferences attended by relevant military and local departments, local reserve commands and pre-listed reserve officers in armies on active duty, and coordinate the resolution of issues relating to the reserve officers work. Temporary meetings may be convened if necessary.

联席会议议定的事项，军队和地方有关部门应当按照各自的职责办理。

Matters discussed at the joint conference may be handled by the military and local departments pursuant to their respective duties.

第八条   预备役军官所在的工作单位，应当支持预备役军官参加军事训练、执行军事勤务和履行其他兵役义务，协助做好预备役军官管理工作。

Article 8 The units in which reserve officers work shall support the reserve officers in their participation in military training and performance of military duties or other obligations of military service, and render assistance in the administration of reserve officers.

第九条   预备役军官应当遵守宪法和法律、法规以及军队的有关规章、制度，参加军事训练和军事勤务活动，接受政治教育，增强组织指挥能力和专业技能，随时准备应召服现役。

Article 9 Reserve officers shall abide by the Constitution, laws and regulations as well as the relevant military rules and regulations, participate in military training and military service activities, receive political education, enhance their organizing and commanding ability and their technical proficiency, and be ready at all times to respond to the call-up for active service.

第十条   对在履行兵役义务过程中做出突出贡献的预备役军官，应当依照中央军事委员会的有关规定给予嘉奖、记功或者授予荣誉称号。

Article 10 Reserve officers who have made outstanding contributions during their performance of military duties shall be awarded honourable citations or citations for merit or conferred honourable titles in accordance with the relevant regulations of the Central Military Commission.

对在预备役军官工作中做出突出成绩的单位和个人，依照有关规定给予表彰或者奖励。

Units and individuals that have made outstanding achievements in their work relating to reserve officers shall be commended or awarded in accordance with the relevant regulations.

第二章 预备役军官的条件、来源和选拔

Chapter II Requirements, Sources and Selection of Reserve Officers

第十一条   预备役军官应当具备下列基本条件：

Article 11 Reserve officers shall meet the following basic requirements:

（一）忠于祖国，遵守宪法和法律、法规；

1. to be loyal to the motherland and to observe the Constitution, laws and regulations;

（二）服从命令，听从指挥；

2. Obeying orders and commands;

（三）符合本法规定的服军官预备役的年龄；

(III) to meet the requirements for service age of reserve officers as specified in the present Law;

（四）退出现役或者接受过军事专业培训并经考核合格，具有与其职务相应的科学文化知识、组织指挥能力或者专业技能；

(IV) to have been released from active service or have received military professional training and passed due examinations, possessing the scientific and cultural knowledge and the organizing and commanding ability or the technical proficiency corresponding to their posts;

（五）身体健康。

(V) being in good health.

第十二条   预备役军官从下列人员中选拔：

Article 12 Reserve officers shall be selected from:

（一）退出现役的军官和文职干部；

1. officers and civilian cadres released from active service;

（二）退出现役的士兵；

2. soldiers released from active service;

（三）专职人民武装干部和民兵干部；

3. full-time cadres engaged in the work concerning affairs of people's armed forces and cadres of people's militia; and

（四）普通高等学校毕业学生；

(IV) graduates from common higher education institutions;

（五）非军事部门的专业技术人员；

(V) professional technicians from non-military departments; and

（六）符合预备役军官基本条件的其他公民。

(VI) other citizens who meet the basic requirements for reserve officers.

第十三条   选拔预备役军官的计划，由中央军事委员会确定，人民解放军总政治部会同有关部门组织实施。

Article 13 Plans for the selection of reserve officers shall be decided by the Central Military Commission and implemented by the General Political Department of the People's Liberation Army in conjunction with other departments concerned.

第十四条   依照本法第十二条的规定，从退出现役的军官和文职干部中选拔的预备役军官，由部队团级以上单位政治机关提出转服军官预备役的意见，按照规定的权限批准后，到安置地的县人民武装部办理预备役军官登记。

Article 14 In regard to officers and civilian cadres released from active service to be selected as reserve officers as prescribed in Article 12 of this Law, the political departments of their military units at or above the regimental level shall raise proposals for transferring them to the reserve of officers, upon the approval of which by the prescribed authorities, they shall make registration as reserve officers with the people's armed forces departments at the county level in the localities of their resettlement.

从前款规定以外的其他人员中选拔预备役军官，按照下列程序办理：

The selection of reserve officers from among persons other than those referred to in the preceding paragraph shall follow the procedures set forth below:

（一）基层人民武装部或者所在单位按照上级下达的计划和规定的条件推荐；

1. recommendation by the people's armed forces departments at the basic level or by the work units in accordance with the plans issued from higher authorities and the prescribed requirements;

（二）选拔服第一类军官预备役的，由有关预备役部队或者现役部队会同县人民武装部共同审核确认人选，选拔服第二类军官预备役的，由县人民武装部审核确认人选；

(II) Persons to be selected to be class one reserve officers shall be jointly verified and determined by relevant reserve components or active components and the people's armed forces departments at the county level; and persons to be selected to be class two reserve officers shall be verified and determined by the people's armed forces departments at the county level;

（三）承训单位组织培训；

(III) the units undertaking such training shall organize training;

（四）按照规定的权限审批；

(IV) examination and approval according to the prescribed powers; and

（五）县人民武装部办理预备役军官登记。

(V) The people's armed forces departments at the county level shall handle registration for reserve officers.

第三章 预备役军官的职务等级和职务

Chapter III Post Grades and Posts for Reserve Officers

第十五条   预备役军事、政治、后勤、装备军官的职务等级设置为：正师职、副师职、正团职、副团职、正营职、副营职、正连职、副连职、排职。

Article 15 Post grades for operational, political, logistics reserve and armaments officers are: the level of division commander, the level of deputy division commander, the level of regiment commander, the level of deputy regiment commander, the level of battalion commander, the level of deputy battalion commander, the level of company commander, the level of deputy company commander, and the level of platoon leader.

预备役专业技术军官的职务等级设置为：高级专业技术职务、中级专业技术职务、初级专业技术职务。

Post grades for specialized technical reserve officers are: the senior level, the intermediate level and the junior level.

第十六条   对被确定服军官预备役的人员，应当确定职务等级。

Article 16 Post grades shall be determined for persons who have been assigned to serve in the reserve of officers.

退出现役转服军官预备役的人员，其职务等级的确定依照现役军官相应职务等级的任免权限办理。

The determination of post grades for persons who have been released from active service and transferred to the reserve of officers shall be handled by the prescribed authorities as for officers in active service with corresponding post grades.

前款规定以外的其他服军官预备役的人员，其职务等级的确定依照下列规定的权限批准：

Post grades for persons who are other than those referred to in the preceding paragraph and who serve in the reserve of officers shall be determined with the approval of the authorities prescribed below:

（一）师级军官职务等级和高级专业技术军官职务等级的确定，由军区级单位正职首长批准；

1. post grades for officers at the level of division commander or deputy division commander, or for specialized technical officers at the senior level shall be determined with the approval of the heads of units at the level of major military command;

（二）团级军官职务等级和中级专业技术军官职务等级的确定，由有军官职务任免权的军级单位正职首长批准；

2. post grades for officers at the level of regiment commander or deputy regiment commander, or for specialized technical officers at the intermediate level shall be determined with the approval of the heads of units at the corps level that have the power to appoint and remove officers; and

（三）营级以下军官职务等级和初级专业技术军官职务等级的确定，由有军官职务任免权的师级单位正职首长批准。

(III) post grades for officers at the level of battalion commander or below, or for specialized technical officers at the junior level shall be determined with the approval of the heads of units at the divisional level that have the power to appoint and remove officers.

第十七条   在预备役部队和预编到现役部队任职的预备役军官，除依照本法第十六条的规定确定职务等级外，其职务依照下列规定的权限任免：

Article 17 Reserve officers who hold posts in reserve components or are pre-listed as officers for active components, in addition to their post grades being determined in accordance with the provisions of Article 16 of the present Law, shall be appointed or removed in accordance with the limits of authority prescribed below:

（一）营级以上军官职务和高级、中级、初级专业技术军官职务的任免权限，依照本法第十六条第三款规定执行；

1. officers at or above the level of deputy battalion commander and specialized technical officers at the senior, intermediate or junior level shall be appointed or removed in accordance with the provisions of the third paragraph of Article 16 of the present Law; and

（二）正连职、副连职、排职军官职务，由有军官职务任免权的团级单位正职首长任免。

(II) officers at the level of company commander, deputy company commander or platoon leader shall be appointed or removed by the heads of units at the regimental level that have the power to appoint and remove officers.

第十八条   对预备役军官应当进行考核。考核工作由预备役军官所在部队或者兵役机关会同地方有关部门，根据国家有关规定，按照职责分工，共同组织实施。考核结果作为任免预备役军官职务的主要依据。

Article 18 Reserve officers shall be appraised. The appraisal shall be organized and conducted by the units in which they serve or by the military service organs in conjunction with local departments concerned in accordance with the relevant regulations of the State and in line with the division of responsibilities. The results of the appraisal shall be the main basis for appointing or removing reserve officers.

第十九条   预备役军官职务等级的确定和职务的任免，按照中央军事委员会规定的程序办理。

Article 19 The determination of post grades and the appointment and removal of reserve officers shall be handled pursuant to the procedures prescribed by the Central Military Commission.

第四章 预备役军官的军衔

Chapter 4 Military Ranks for Reserve Officers

第二十条   国家实行预备役军官军衔制度。

Article 20 The State shall institute a system of military ranks for officers in reserve service.

预备役军官军衔是区分预备役军官等级、表明预备役军官身份的称号、标志和国家给予预备役军官的荣誉。

The rank of a reserve officer is a title, a symbol and an honor granted by the state to reserve officers.

第二十一条   预备役军官军衔设下列三等八级：

Article 21 Military ranks for reserve officers shall have the following eight grades under three categories:

（一）预备役将官：预备役少将；

1. Reserve Generals: reserve Major General;

（二）预备役校官：预备役大校、上校、中校、少校；

(II) Reserve field officers: reserve Senior Colonel, Colonel, Lieutenant Colonel and Major; and

（三）预备役尉官：预备役上尉、中尉、少尉。

(III) Reserve junior officers: reserve Captain, Lieutenant and Second Lieutenant.

第二十二条   预备役军官军衔分为：

Article 22 The ranks for reserve officers shall be differentiated as follows:

（一）预备役军事、政治、后勤、装备军官：预备役少将、大校、上校、中校、少校、上尉、中尉、少尉；

1. Operational, political, logistics reserve and armament officers: reserve Major General, Senior Colonel, Colonel, Lieutenant Colonel, Major, Captain, Lieutenant and Second Lieutenant; and

（二）预备役专业技术军官：预备役专业技术少将、大校、上校、中校、少校、上尉、中尉、少尉。

(II) Specialized technical reserve officers: Specialized technical reserve Major General, Senior Colonel, Colonel, Lieutenant Colonel, Major, Captain, Lieutenant and Second Lieutenant.

海军、空军预备役军官，在军衔前分别冠以“海军”、“空军”。

For Navy and Air Force reserve officers, their ranks shall be preceded by "Navy" and "Air Force" respectively.

第二十三条   预备役军官实行职务等级编制军衔。

Article 23 The system of conferring military ranks by virtue of post grades shall be applied to reserve officers.

预备役军事、政治、后勤、装备军官实行下列职务等级编制军衔：

The ranks for operational, political, logistics reserve and armaments officers by virtue of their post grades shall be as follows:

正师职：预备役大校、少将；

Division: reserve Senior Colonel, Major General;

副师职：预备役上校、大校；

Officers at the level of deputy division commander: reserve Colonel or Senior Colonel;

正团职：预备役上校、中校；

Officers at the level of regiment commander: reserve colonel and lieutenant colonel;

副团职：预备役中校、少校；

Officers at the level of deputy regiment commander: reserve Lieutenant Colonel or Major;

正营职：预备役少校、中校；

Position at: Reserve Major or Lieutenant Colonel

副营职：预备役上尉、少校；

Officers at the level of deputy battalion commander: reserve Captain or Major;

正连职：预备役上尉、中尉；

Position of company commander: reserve Captain or Lieutenant;

副连职：预备役中尉、上尉；

Position of deputy company commander: reserve Lieutenant or Captain;

排 职：预备役少尉、中尉。

Platoon: reserve Second Lieutenant, Lieutenant.

预备役专业技术军官实行下列职务等级编制军衔：

The ranks for specialized technical reserve officers by virtue of their post grades shall be as follows:

高级专业技术职务：预备役专业技术少将、大校、上校、中校、少校；

Senior specialized technical officers: specialized technical reserve Major General, Senior Colonel, Colonel, Lieutenant Colonel or Major; and

中级专业技术职务：预备役专业技术大校、上校、中校、少校、上尉；

Intermediate specialized technical officers: specialized technical reserve Senior Colonel, Colonel, Lieutenant Colonel, Major or Captain; and

初级专业技术职务：预备役专业技术中校、少校、上尉、中尉、少尉。

Junior specialized technical officers: specialized technical reserve Lieutenant Colonel, Major, Captain, Lieutenant or Second Lieutenant.

第二十四条   预备役军官参加军事训练、执行军事勤务期间，军衔高的预备役军官为军衔低的预备役军官的上级；军衔高的预备役军官在职务上隶属于军衔低的预备役军官的，职务高的为上级。

Article 24 When reserve officers are receiving military training or carrying out military services, reserve officers with higher military ranking shall be the superiors of reserve officers with lower ranking. Where reserve officers with higher military ranking are subordinated to reserve officers with lower ranking in respect of their posts, officers with higher posts shall be the superiors.

第二十五条   评定和授予预备役军官军衔，以预备役军官职务等级、工作（任职）年限、德才表现和工作实绩为依据。

Article 25 The determination and conferment of military ranks on reserve officers shall be based on their post grades, years of taking posts, their political integrity and professional competence, and their actual achievements.

第二十六条   授予预备役军官军衔，依照下列规定的权限批准：

Article 26 The conferment of military ranks on reserve officers shall be approved in accordance with the limits of authority prescribed below:

（一）预备役少将、大校，由中央军事委员会主席批准授予；

1. The ranks of reserve Major General and Senior Colonel shall be conferred with the approval of the Chairman of the Central Military Commission;

（二）预备役上校，由军区级单位正职首长批准授予；

2. The ranks of reserve Colonel shall be conferred with the approval of the heads of units at the level of major military command; and

（三）预备役中校、少校，由有军官职务任免权的军级单位正职首长批准授予；

3. The ranks of reserve Lieutenant Colonel and Major shall be conferred with the approval of the heads of units at the corps level that have the power to appoint and remove officers; and

（四）预备役上尉、中尉、少尉，由有军官职务任免权的师级单位正职首长批准授予。

(IV) The ranks of reserve Captain, Lieutenant and Second Lieutenant shall be conferred with the approval of the heads of units at the divisional level that have the power to appoint and remove officers.

第二十七条   转服军官预备役的军官和文职干部，其预备役军官军衔，按照其原现役军官军衔等级或者文职干部级别确定。

Article 27 The reserve ranks to be conferred on officers and civilian cadres who have been transferred to reserve service shall be determined on the basis of their original ranks or grades when they were in active service.

第二十八条   预备役军官军衔，依照下列规定晋级：

Article 28 The rank promotion of reserve officers shall be conducted as prescribed below:

（一）被批准退出现役转服军官预备役的军官，其军衔已满晋升年限，符合规定条件的，其预备役军官军衔可以比其原现役军官军衔等级高一级；

1. Where an officer has been approved to be released from active service and transferred to reserve service, if the prescribed interval for rank promotion has expired and the specified requirements have been satisfied, his reserve rank may be one grade higher than his rank when he was in active service;

（二）预备役军官由于职务等级提升，其军衔低于新任职务等级编制军衔的最低军衔的，提前晋升至新任职务等级编制军衔的最低军衔；

2. Where a reserve officer has been appointed to a higher post grade and his rank is lower than the minimum rank for his new post grade, he shall be promoted ahead of time to the minimum rank for his new post grade;

（三）预备役少尉至预备役上校军官，符合规定条件和晋升年限的，可以在职务等级编制军衔范围内，逐级晋升预备役军官军衔；

3. Where reserve officers from reserve Second Lieutenant to reserve Colonel meet the specified requirements and the prescribed intervals for rank promotion, their reserve ranks may be promoted grade by grade by virtue of their post grades.

（四）预备役大校晋升预备役少将，实行选升；

(IV) Where reserve Senior Colonels are promoted to reserve Major Generals, selective promotion shall be practised.

（五）预备役军官在履行兵役义务过程中有突出功绩的，其预备役军官军衔可以提前晋级。

(V) Where reserve officers have made outstanding contributions during their performance of military service, their reserve ranks may be promoted ahead of schedule.

晋升预备役军官军衔的条件、年限和程序，由中央军事委员会规定。

The requirements, intervals and procedures for promotion of reserve ranks shall be prescribed by the Central Military Commission.

第二十九条   预备役军官军衔的晋级，按照下列规定的权限批准：

Article 29 The rank promotion of reserve officers shall be approved in accordance with the limits of authority prescribed below:

（一）预备役大校晋升预备役少将、预备役上校晋升预备役大校，由中央军事委员会主席批准；

1. The promotion from reserve Senior Colonel to reserve Major General or from reserve Colonel to reserve Senior Colonel shall be approved by the Chairman of the Central Military Commission.

（二）预备役中校晋升预备役上校，由军区级单位正职首长批准；

2. The promotion from reserve Lieutenant Colonel to reserve Colonel shall be approved by the heads of units at the level of major military command;

（三）预备役少校晋升预备役中校、预备役上尉晋升预备役少校，由有军官职务任免权的军级单位正职首长批准；

3. The promotion from reserve Major to reserve Lieutenant Colonel or from reserve Captain to reserve Major shall be approved by the heads of units at the corps level that have the power to appoint and remove officers.

（四）预备役中尉晋升预备役上尉、预备役少尉晋升预备役中尉，由有军官职务任免权的师级单位正职首长批准。

(IV) The promotion from reserve Lieutenant to reserve Captain or from reserve Second Lieutenant to reserve Lieutenant shall be approved by the heads of units at the divisional level that have the power to appoint and remove officers.

第三十条   预备役军官违反军纪的，按照中央军事委员会的有关规定，可以给予军衔降级处分。批准预备役军官军衔降级的权限，与批准授予该级预备役军官军衔的权限相同。

Article 30 Any reserve officer who has violated military discipline may be punished by demotion in rank in accordance with the relevant regulations of the Central Military Commission. The limits of authority for approving the demotion in rank for reserve officers shall be the same as those for approving the conferment of the rank.

预备役军官军衔降级不适用于预备役少尉军官。

Demotion in rank for reserve officers shall not be applied to reserve Second Lieutenant officers.

第三十一条   对被取消预备役军官身份的人员，应当取消其预备役军官军衔。批准取消预备役军官军衔的权限，与批准授予该级预备役军官军衔的权限相同。

Article 31 Where a person has been removed as a reserve officer, his reserve rank shall be annulled. The limits of authority for approving the annulment of a reserve rank shall be the same as those for approving the conferment of the rank.

第三十二条   预备役军官犯罪，被依法判处剥夺政治权利或者三年以上有期徒刑的，应当剥夺其预备役军官军衔。批准剥夺预备役军官军衔的权限，与批准授予该级预备役军官军衔的权限相同。

Article 32 Where a reserve officer has committed a crime and has been deprived of his political rights or sentenced to fixed-term imprisonment of three years or more in accordance with law, he shall be deprived of his reserve rank. The limits of authority for approving the deprivation of a reserve rank shall be the same as those for approving the conferment of the rank.

第三十三条   预备役军官退出预备役后，其预备役军官军衔予以保留，在其军衔前冠以“退役”。

Article 33 Where a reserve officer has been retired from reserve service, his rank shall be preserved and prefixed with "retired".

第三十四条   预备役军官军衔的肩章、符号标志式样及佩带办法，由中央军事委员会颁布。

Article 34 Patterns of epaulets and insignias for reserve ranks and the ways of wearing them shall be promulgated by the Central Military Commission.

第五章 预备役军官的登记

Chapter 5 Registration of Reserve Officers

第三十五条   预备役军官的登记，由县人民武装部办理。

Article 35 The registration of reserve officers shall be conducted by the people's armed forces departments at the county level.

退出现役被确定转服军官预备役的人员，应当自到达安置地之日起三十日内，到县人民武装部办理预备役军官登记；其他人员在被确定服军官预备役的同时办理预备役军官登记。

Persons who have been released from active service and assigned to be transferred to the reserve of officers shall be registered as reserve officers with the people's armed forces departments at the county level within 30 days of their arrival at the place of settlement; other persons shall be registered as reserve officers at the same time when they have been assigned to serve in the reserve of officers.

被确定服军官预备役的在国家机关、社会团体、企业事业单位工作的人员，到工作单位所在地的县人民武装部办理预备役军官登记；被确定服军官预备役的其他人员，到户籍所在地的县人民武装部办理预备役军官登记。

Persons who work in State organs, public organizations, enterprises or institutions and have been assigned to serve in the reserve of officers shall register as reserve officers with the people's armed forces departments at the county level in the regions where their work units are located; other persons who have been assigned to serve in the reserve of officers shall register as reserve officers with the people's armed forces departments at the county level in the regions where they made household registration.

县人民武装部办理预备役军官登记时，应当向被确定服军官预备役的人员当面核实其身份、经历等有关情况，说明有关事项，并将预备役军官登记情况通知其所在单位。

When the people's armed forces departments at the county level handle registration for reserve officers, they shall verify the status, experiences and other details with the persons determined to serve as officers of reserves in person, state relevant matters, and inform the units where they work of the information on such registration.

第三十六条   预备役军官因工作调动或者迁居需要变更预备役军官登记地的，应当办理转出手续，并自到达新的工作单位或者居住地之日起三十日内，到所在地的县人民武装部办理转入手续。

Article 36 Reserve officers who need to change the places of their registration as reserve officers due to the transfer of their work or the change of their residence shall go through the procedures of transferring their registration of reserve service out from the original places, and shall, within 30 days from their arrival at the new work units or the new residence, go through the procedures of transferring their registration in at the people's armed forces departments at the county level in the regions where they work or reside.

县人民武装部办理服第一类军官预备役的人员转出、转入手续的，应当通报预备役军官所在部队。

When the people's armed forces departments handle formalities for the transferring in or out of registration of reserve service for persons to serve as class one reserve officers, they shall inform the commands where the reserve officers work.

第三十七条   预备役军官有下列情形之一的，应当由县人民武装部注销其预备役军官登记：

Article 37 Where reserve officers fall into one of the following circumstances, their registration as reserve officers shall be cancelled by the people's armed forces departments at the county level:

（一）退出预备役的；

1. having been discharged from reserve service;

（二）出国定居的；

(II) settling down abroad;

（三）死亡的；

(III) Death;

（四）被取消预备役军官身份的。

(IV) having been deprived of the status as a reserve officer.

第三十八条   县人民武装部必须按照规定对在本行政区域内登记的预备役军官，每年进行一次核对，并逐级统计上报。

Article 38 The people's armed forces departments at the county level shall make annual checks on the registered reserve officers in their respective administrative regions in accordance with the relevant regulations, and the statistics so obtained shall be reported to higher authorities level by level.

第六章 预备役军官的培训

Chapter 6 Training of Reserve Officers

第三十九条   未服过现役或者未接受过军事专业培训的人员，被选拔为预备役军官的，在确定预备役军官职务等级前，应当接受军事专业培训。

Article 39 Where persons who have never served in active service nor received military professional training have been selected to be reserve officers, they shall take such training before their post grades for reserve officers are determined.

第四十条   预备役军官在服预备役期间，应当依照兵役法和本法的规定接受军事训练和政治教育。

Article 40 Reserve officers shall receive military training and political education during their term of reserve service in compliance with the provisions of the Military Service Law and the present Law.

服第一类军官预备役的人员，每晋升一级指挥职务，应当经过相应的培训，具备任职所需的组织指挥能力。

Persons to serve as class one reserve officers shall go through corresponding training and be competent to be an organizer and commander as needed for their posts when they are promoted to a higher level of post.

担任专业技术职务的预备役军官，应当接受相关的专业技术培训。

Reserve officers holding professional and technical posts shall receive corresponding professional and technical training.

第四十一条   国务院和中央军事委员会在必要的时候，可以决定对预备役军官实施应急训练。预备役军官必须按照规定接受应急训练。

Article 41 The State Council and the Central Military Commission may, when necessary, decide that emergency training shall be conducted with respect to reserve officers. Reserve officers must receive such emergency training as specified.

第四十二条   预备役军官的军事训练和政治教育大纲，由人民解放军总参谋部、总政治部、总后勤部、总装备部制定。

Article 42 Outlines for military training and for political education of reserve officers shall be formulated by the General Staff, the General Political Department, the General Logistics Department and the General Armament Department of the People's Liberation Army.

负有预备役军官培训职责的单位应当根据预备役军官的军事训练和政治教育大纲，按照职责分工，制定实施计划。

Units responsible for the training of reserve officers shall formulate implementing plans in accordance with the outline for military training and for political education of reserve officers and in light of duty division.

第四十三条   服第一类军官预备役的人员的培训，由省军区（卫戍区、警备区）或者所在部队组织实施；服第二类军官预备役的人员的培训，由省军区（卫戍区、警备区）、军分区（警备区）和县人民武装部组织实施。人民解放军总参谋部、总政治部和军兵种、军区根据需要组织预备役军官的培训。

Article 43 Training for persons to serve as class one reserve officers shall be organized and carried out by the provincial military commands (including garrison commands) or the commands such reserve officers work; training for persons to serve as class two reserve officers shall be organized and carried out by the provincial military commands (including garrison commands), the military sub-commands (including garrison commands) and the people's armed forces departments at the county level. The General Staff, the General Political Department and the arms of services and the commands of the People's Liberation Army may organize the training of reserve officers in light of needs.

预备役军官所在单位和当地人民政府应当支持和协助预备役军官培训工作，保证培训任务的完成。

The units where reserve officers work and the local people's governments shall support and assist the training of reserve officers and guarantee the training to be successful.

军队院校、预备役军官训练机构、现役部队、预备役部队和有关的普通高等学校，应当按照国家有关规定，承担预备役军官的培训任务。

The military colleges and schools, reserve officer training institutions, commands on active duty, reserve officer commands and relevant schools of higher learning shall bear the task of training reserve officers in accordance with relevant provisions of the state.

第七章 预备役军官的征召

Chapter 7 Recruitment of Reserve Officers

第四十四条   省军区（卫戍区、警备区）、军分区（警备区）和县人民武装部应当根据国防动员的需要，会同县级以上地方人民政府有关部门制定预备役军官征召预案，其中，服第一类军官预备役的人员的征召预案，应当会同有关预备役部队、现役部队制定。

Article 44 The provincial military commands (including garrison commands), the military sub- commands (including garrison commands) and the people's armed forces departments at the county level shall, in light of the needs of mobilization for national defense and in conjunction with relevant departments of the local people's governments at the county level or above, formulate plans to recruit reserve officers, among which, plans for recruitment of persons serving as class one reserve officers shall be formulated in conjunction with relevant reserve officer commands and commands on active duty.

省军区（卫戍区、警备区）、军分区（警备区）、县人民武装部以及预备役部队和预编预备役军官的现役部队，应当组织征召演练，县级以上地方人民政府有关部门应当支持和协助。

The provincial military commands (including garrison commands), the military sub- commands (including garrison commands), the people's armed forces departments at the county level, the reserve officer commands and the commands on active duty but pre-listed as reserve officers shall organize recruitment drilling, and relevant departments of the local people's government at the county level or above shall support and assist.

第四十五条   国家决定实施国防动员后，县人民武装部应当根据上级的命令迅速向被确定为征召对象的预备役军官下达征召通知；必要时，预备役部队和预编预备役军官的现役部队也可以直接向所属的被确定为征召对象的预备役军官下达征召通知，并通报预备役军官登记地的县人民武装部。

Article 45 Upon decision of the state to commence mobilization of national defense, the people's armed forces departments at the county level shall promptly issue a recruitment notice to the reserve officers determined to be recruited in accordance with superior's order. The reserve officer commands and the commands on active duty but pre-listed as reserve officers may, when necessary, directly issue a recruitment notice to the reserve officers under their command determined to be recruited and inform the people's armed forces departments at the place where the reserve officers register.

第四十六条   预备役军官接到征召的通知后，必须按照规定时间到指定地点报到，由于伤病等原因暂时不能应召的，经县人民武装部核实，并报上一级兵役机关批准，可以暂缓应召。

Article 46 Reserve officers shall report for duty at the designated places within the prescribed time after they have received the notice for call-up; in case anyone is unable for the time being to respond to the call because of injury, sickness or other reasons, his call-up may be postponed, provided the case has been verified by the people's armed forces department at the county level and approved by the organ of military service at the next higher level.

第四十七条   国家决定实施国防动员后，尚未被征召的预备役军官，未经其所在部队或者登记地的县人民武装部批准，不得离开预备役登记地；已经离开的，接到征召通知，应当按照通知要求立即返回或者到指定地点报到。

Article 47 Upon decision of the State to commence mobilization of national defense, reserve officers not recruited yet may not leave their places of registration as reserve officers without approval of the commands where they work or the people's armed forces departments at the place of registration at the county level. In the event they leave such places and receive the recruitment notice, they shall immediately return or check in at the designated places in accordance with the requirements.

第四十八条   被征召的预备役军官转服现役的，按照战时现役军官任免权限下达任职命令，改授现役军官军衔，履行现役军官相应的职责；未转服现役的，按照上级下达的任务履行职责。

Article 48 Recruited reserve officers to be transferred to active service shall be issued an appointment order in accordance with the authority for appointing and removing officers on active duty during wartime, granted with military ranks of officers on active service and perform corresponding duties; reserve officers not transferred to active service shall perform their duties as ordered by the superiors.

第四十九条   被征召的预备役军官所在单位应当协助兵役机关做好预备役军官的征召工作。

Article 49 The units where the recruited reserve officers work shall assist military service organs to properly recruit reserve officers.

第五十条   国家解除国防动员的实施措施后，被征召转服现役的预备役军官，除根据部队需要继续服现役的，应当退出现役。

Article 50 After the State lifts the implementation measures for mobilization of national defense, the reserve officers recruited but transferred to active service shall, except those remaining in active service in light of the needs of their commands, be discharged from active service.

第八章 预备役军官的待遇

Chapter 8 Benefits and Treatment for Reserve Officers

第五十一条   预备役军官履行兵役义务的工作实绩，应当作为所在单位对其考核评定、晋升职务及工资等级的依据之一；立功或者被授予荣誉称号的，享受国家和地方给予同等立功受奖者的奖励和优待。

Article 51 The actual achievements made by reserve officers in their performance of military duties shall be taken as one of the criteria by their work units in the assessment of work, the promotion of their posts or the increase in their wages. Reserve officers who have been awarded citations for merit or conferred honourable titles shall enjoy the same rewards and preferential treatment as granted by the State or local authorities to persons who have been awarded such citations for merit or conferred such honourable titles.

第五十二条   预备役军官参加军事训练、执行军事勤务期间，应当按照规定着装；参加国庆节、建军节或者其他重大庆典活动的，可以着预备役军官制式服装，并佩带预备役军官军衔肩章、符号标志。

Article 52 Reserve officers shall be dressed as required when they participate in military training or carry out military duties. On the occasion of taking part in important celebration activities such as on the National Day and Army Day, they may wear Reserve officers uniforms with epaulets and insignias indicating their reserve ranks.

第五十三条   预备役军官参加军事训练、执行军事勤务期间，其工作单位是国家机关、社会团体、企业事业单位的，由其所在单位照发工资和奖金，其享受的福利待遇不变。

Article 53 During the period when reserve officers working in State organs, public organizations, enterprises or institutions are participating in military training or carrying out military duties, their wages and bonuses shall be paid in full by their work units, and the benefits and treatment they are entitled to shall not be affected.

前款规定以外的其他预备役军官参加军事训练、执行军事勤务期间，应当给予误工补贴，具体办法和标准由省、自治区、直辖市人民政府规定。

Reserve officers other than those referred to in the preceding paragraph shall be given subsidies for their loss of working time during the period when they are participating in military training or carrying out military duties. Specific measures and standards therefor shall be stipulated by the people's governments of the provinces, autonomous regions or municipalities directly under the Central Government.

预备役军官参加军事训练、执行军事勤务按照国家规定给予伙食补助，报销往返差旅费。

When reserve officers participate in military training or carry out military duties, food allowances shall be provided and their to-and-fro traveling expenses reimbursed in accordance with the regulations of the State.

第五十四条   对按照规定参加军事训练、执行军事勤务的预备役军官，按照参加军事训练、执行军事勤务的时间及其职务等级发给补贴。补贴标准由财政部和人民解放军总参谋部、总政治部、总后勤部制定，所需经费由中央财政保障。

Article 54 Reserve officers who participate in military training and perform military duties as required shall be given subsidies in light of the time they have spent in participating in military training or performing military duties and their post grades. Standards of subsidies shall be formulated by the Ministry of Finance jointly with the General Staff, the General Political Department and the General Logistics Department of the People's Liberation Army, and the funds thus needed shall be guaranteed by the Central Government.

第五十五条   预备役军官在参加军事训练、执行军事勤务等军事活动中牺牲、伤残的，参照国家关于军人抚恤优待的规定办理。

Article 55 Where reserve officers have died or become disabled in the course of their performance of military activities such as military training and military duties, the relevant affairs shall be handled with reference to the regulations of the State in respect of pensions and preferential treatment granted to the families of the deceased servicemen or to the disabled servicemen.

第九章 预备役军官的退役

Chapter 9 Retirement of Reserve Officers

第五十六条   预备役军官达到平时服预备役最高年龄时，应当退出预备役。

Article 56 Reserve officers shall be retired from reserve service when they have attained the maximum age for reserve service in peacetime.

第五十七条   预备役军事、政治、后勤、装备军官平时服预备役的最高年龄：

Article 57 The maximum age for reserve service of operational, political, logistics and armament reserve officers in peacetime shall be:

担任师级职务的，五十五岁；

55 for officers at the division level;

担任团级职务的，五十岁；

50 for reserve officers at the regimental level;

担任营级职务的，四十五岁；

45 for reserve officers at the battalion level;

担任连级职务的，四十岁；

40 for officers at the company level;

担任排级职务的，三十五岁。

35 for officers at the platoon level.

服第一类军官预备役的人员确因工作需要，经过批准，平时服预备役的最高年龄可以适当延长，但是延长的年龄不得超过五岁。

The maximum age for reserve service in peacetime may be appropriately extended for class one reserve officers, provided this is necessitated by work and duly approved, however, the maximum age shall not be extended for more than 5 years.

第五十八条   预备役专业技术军官平时服预备役的最高年龄：

Article 58 The maximum age for reserve service of specialized technical officers in peacetime shall be:

担任高级专业技术职务的，六十岁；

60 for senior specialized technical officers;

担任中级专业技术职务的，五十五岁；

55 for intermediate specialized technical officers; and

担任初级专业技术职务的，五十岁。

50 for junior specialized technical officers.

第五十九条   未达到平时服预备役最高年龄的预备役军官，由于伤病残或者其他原因不能继续服预备役的，应当退出预备役。

Article 59 Reserve officers who have not reached the maximum age for reserve service in peacetime shall be retired from reserve service when they are unable to continue to perform reserve service due to their injuries, sickness, disability or other reasons.

第六十条   预备役军官退出预备役的批准权限，与本法第十六条第三款规定的权限相同。

Article 60 The limits of authority for approving the retirement of reserve officers from reserve service shall be the same as those prescribed in paragraph 3 of Article 16 of the present Law.

第六十一条   预备役军官退出预备役时，根据其服预备役的时间和贡献，颁发相应的荣誉证章。

Article 61 When reserve officers retire from reserve service, they shall be issued honorary badges in light of the time of and contributions to the reserve service.

第十章 法律责任

Chapter 10 Legal Liabilities

第六十二条   预备役军官参加军事训练、执行军事勤务期间，违反纪律的，依照有关规定给予处分；构成犯罪的，依法追究刑事责任。

Article 62 Any reserve officer who has violated discipline during the period when he is participating in military training or carrying out military duties shall be given administrative sanctions in accordance with relevant regulations; those who commit a crime shall be investigated for criminal responsibility in accordance with law.

第六十三条   预备役军官有下列行为之一的，由县级人民政府责令限期改正；逾期不改正的，由县级以上地方人民政府强制其履行兵役义务；属于国家工作人员的，依法给予处分；构成犯罪的，依法追究刑事责任：

Article 63 Any reserve officer has one of the following conducts shall be ordered by the people's government at the county level to take remedial actions within a specified time limit; in the event he/she refuses to take remedial actions, the local people's government at the county level or above may compel him/her to perform his/her military duties; in the event he/she is a national staff, he/she shall be legally punished; in case of a crime, he/she shall be prosecuted criminally:

（一）拒绝或者逃避预备役登记的；

1. Refuses to go through or escape from going through registration of reserve service;

（二）拒绝或者逃避军事训练、执行军事勤务的；

(II) Refuses to accept or escape from military training or refuses to perform or escape from performing military duties; or

（三）拒绝、逃避征召的。

(III) Refusing or evading the call-up.

第六十四条   在预备役军官管理工作中，收受贿赂、徇私舞弊，或者玩忽职守致使预备役工作遭受严重损失，构成犯罪的，依法追究刑事责任；未构成犯罪的，依法给予处分。

Article 64 Whoever, in his work of the administration of reserve officers, takes bribes, engages in malpractices for selfish ends or causes serious losses to reserve service work because of his dereliction of duty shall be investigated for criminal liability according to law if a crime is constituted, or shall be given administrative sanctions if a crime is not constituted.

阻挠预备役军官参加军事训练、执行军事勤务，或者履行其他兵役义务的，由县级以上地方人民政府责令限期改正；拒不改正的，对直接负责的主管人员和其他直接责任人员依法给予处分。

Whoever obstructs reserve officers from participating in military training, carrying out military duties or performing other obligations of military service shall be ordered by the local people's government at the county level or above to take remedial action within a specified time limit; where no remedial action is taken, administrative sanctions shall be given according to law to the persons who are directly responsible.

第十一章 附 则

Chapter 11 Supplementary Provisions

第六十五条   中国人民武装警察部队退出现役的人员，服人民解放军军官预备役的，适用本法。

Article 65 This Law shall apply to the persons released from active service in the Chinese People's Armed Police Force and assigned to reserve service as reserve officers of the People's Liberation Army.

第六十六条   本法自1996年1月1日起施行。

Article 66. This Law shall take effect from 1 January 1996.