法律文本

中華人民共和國現役軍官法(2000修訂)

Law of the People's Republic of China on Active Duty Officers (Revised in 2000)

主席令第四十三號

Presidential Decree No. 43

（１９８８年９月５日第七屆全國人民代表大會常務委員會第三次會議通過 根據１９９４年５月１２日第八屆全國人民代表大會常務委員會第七次會議《關於修改〈中國人民解放軍現役軍官服役條例〉的決定》修正 根據２０００年１２月２８日第九屆全國人民代表大會常務委員會第十九次會議《關於修改〈中國人民解放軍現役軍官服役條例〉的決定》第二次修正）

(Adopted at the 3rd Meeting of the Standing Committee of the Seventh National People's Congress on September 5, 1988, amended for the first time in accordance with the Decision on Amending the Regulations of the Chinese People's Liberation Army on the Military Service of Officers in Active Service adopted at the 7th Meeting of the Standing Committee of the Eighth National People's Congress on May 12, 1994, and amended for the second time in accordance with the Decision on Amending the Regulations of the Chinese People's Liberation Army on the Military Service of Officers in Active Service adopted at the 19th Meeting of the Standing Committee of the Ninth National People's Congress on December 28, 2000)

目錄

Contents

  第一章 總則

Chapter 1 General Provisions

  第二章 軍官的基本條件、來源和培訓

Chapter 2 Basic Requirements for Officers and Their Sources and Training

  第三章 軍官的考核和職務任免

Chapter 3 Assessment of Officers and Appointment and Removal of Officers

  第四章 軍官的交流和回避

Chapter 4 Exchange of and Withdrawal by Officers

  第五章 軍官的獎勵和處分

Chapter 5 Awards and Penalties for Officers

  第六章 軍官的待遇

CHAPTER 6 TREATMENT OF OFFICERS

  第七章 軍官退出現役

Chapter 7 Retirement of Officers from Active Service

  第八章 附則

Chapter 8 Supplementary Provisions

第一章 總則

Chapter 1 General Provisions

第一條   為了建設一支革命化、年輕化、知識化、專業化的現役軍官隊伍，以利於人民解放軍完成國家賦予的任務，制定本法。

Article 1 This Law is formulated for the purpose of building a contingent of revolutionary, younger, better educated and professional officers in active service to facilitate the People's Liberation Army's fulfilment of the tasks assigned by the State.

第二條   人民解放軍現役軍官（以下簡稱軍官）是被任命為排級以上職務或者初級以上專業技術職務，並被授予相應軍銜的現役軍人。

Article 2 Officers in active service in the People's Liberation Army (hereinafter referred to as officers in short) are servicemen who hold posts at or above the platoon level or specialized technical posts at or above the junior level and who have been granted military ranks at corresponding levels.

軍官按照職務性質分為軍事軍官、政治軍官、後勤軍官、裝備軍官和專業技術軍官。

By the nature of the posts they hold, officers are classified as operational officers, political officers, logistics officers, armament officers and specialized technical officers.

第三條   軍官是國家工作人員的組成部分。

Article 3 Officers constitute part of the State functionaries.

軍官履行憲法和法律賦予的神聖職責，在社會生活中享有與其職責相應的地位和榮譽。

Officers perform the sacred duties entrusted to them by the Constitution and laws, and enjoy the status and honor corresponding to their duties in social life.

國家依法保障軍官的合法權益。

The State protects the lawful rights and interests of officers in accordance with law.

第四條   軍官的選拔和使用，堅持任人唯賢、德才兼備、注重實績、適時交流的原則，實行民主監督，尊重群眾公論。

Article 4 In the selection and use of officers, the principles of appointing people on their merits, stressing both political integrity and professional competence, attaching importance to actual performance, and exchanging officers when appropriate shall be adhered to, democratic supervision exercised, and public comments respected.

第五條   國家按照優待現役軍人的原則，確定軍官的各種待遇。

Article 5 On the principle of giving preferential treatment to servicemen, the State determines the various kinds of material and other benefits for officers.

第六條   軍官符合本法規定的退出現役條件的，應當退出現役。

Article 6 Officers who meet the provisions on retiring from active service as specified in this Law shall retire from active service.

第七條   人民解放軍總政治部主管全軍的軍官管理工作，團級以上單位的政治機關主管本單位的軍官管理工作。

Article 7 The General Political Department of the People's Liberation Army shall be responsible for managing the affairs concerning the officers of the entire Army, while the political departments of units at or above the regimental level shall be responsible for managing the affairs concerning the officers of their respective units.

第二章 軍官的基本條件、來源和培訓

Chapter 2 Basic Requirements for Officers and Their Sources and Training

第八條   軍官必須具備下列基本條件：

Article 8 Officers must meet the following basic requirements:

（一）忠於祖國，忠於中國共產黨，有堅定的革命理想、信念，全心全意為人民服務，自覺獻身國防事業；

1. being loyal to the motherland and to the Communist Party of China, cherishing firm revolutionary ideals and conviction, serving the people wholeheartedly, and devoting themselves to the cause of national defense;

（二）遵守憲法和法律、法規，執行國家的方針、政策和軍隊的規章、制度，服從命令，聽從指揮；

2. observing the Constitution, laws and regulations, implementing State principles and policies and the Army's rules and regulations, and obeying orders and commands;

（三）具有勝任本職工作所必需的理論、政策水平，現代軍事、科學文化、專業知識，組織、指揮能力，經過院校培訓並取得相應學曆，身體健康；

(III) possessing, as required for performing their own duties competently, sufficient understanding of theories and policies, modern military, scientific, general and specialized knowledge, and the ability to organize and direct work, having received training in schools or academies and corresponding academic credentials, and being in good health; and

（四）愛護士兵，以身作則，公道正派，廉潔奉公，艱苦奮鬥，不怕犧牲。

(IV) cherishing the soldiers, setting good examples with their own conduct, being fair and upright, being honest and clean in performing their duties, working hard, and fearing no sacrifice.

第九條   軍官的

Article 9 Officers’

（一）選拔優秀士兵和普通中學畢業生入軍隊院校學習畢業；

1. graduates of schools or academies in the Army, who are originally selected from among outstanding soldiers and graduates of regular secondary schools to study therein;

（二）接收普通高等學校畢業生；

2. graduates of regular institutions of higher education;

（三）由文職幹部改任；

(III) civilian cadres in the civilian units;

（四）招收軍隊以外的專業技術人員和其他人員。

(IV) specialized technicians and other persons recruited from outside the Army.

戰時根據需要，可以從士兵、征召的預備役軍官和非軍事部門的人員中直接任命軍官。

When needed in times of war, soldiers, enlisted reserve officers, and persons in non-military departments may be directly appointed as active officers.

第十條   人民解放軍實行經院校培訓提拔軍官的制度。

Article 10 The People's Liberation Army shall apply a system whereby its members are promoted as officers only after they have received training in schools or academies.

軍事、政治、後勤、裝備軍官每晉升一級指揮職務，應當經過相應的院校或者其他訓練機構培訓。擔任營級以下指揮職務的軍官，應當經過初級指揮院校培訓；擔任團級和師級指揮職務的軍官，應當經過中級指揮院校培訓；擔任軍級以上指揮職務的軍官，應當經過高級指揮院校培訓。

Operational, political, logistics and armaments officers shall be promoted to the next higher commanding post only after they have received training in the appropriate schools, academies, or other training institutions. Officers who hold commanding posts at or below the battalion level shall be ones who have received training in schools or academies for junior commanders; officers who hold commanding posts at the regiment or division level shall be ones who have received training in schools or academies for intermediate commanders; and officers who hold commanding posts at or above the corps level shall be ones who have received training in schools or academies for senior commanders.

在機關任職的軍官應當經過相應的院校培訓。

Officers who serve in headquarters shall be ones who have received training in appropriate schools or academies.

專業技術軍官每晉升一級專業技術職務，應當經過與其所從事專業相應的院校培訓；院校培訓不能滿足需要時，應當通過其他方式，完成規定的繼續教育任務。

Specialized technical officers shall be promoted to the next higher specialized technical posts only after they have received training in specialized technical schools or academies corresponding to their specialties, or after they have completed the specified continued education by other means when training offered by institutions of education cannot meet the need.

第三章 軍官的考核和職務任免

Chapter 3 Assessment of Officers and Appointment and Removal of Officers

第十一條   各級首長和政治機關應當按照分工對所屬軍官進行考核。

Article 11 Leading cadres and political departments at various levels shall, in line with their division of responsibilities, appraise officers governed by them.

考核軍官，應當實行領導和群眾相結合，根據軍官的基本條件和中央軍事委員會規定的軍官考核標準、程序、方法，以工作實績為主，全面考核。考核結果分為優秀、稱職、不稱職三個等次，並作為任免軍官職務的主要依據。考核結果應當告知本人。

The appraisal shall be conducted in a comprehensive way by the leaders together with the rank and file, in compliance with the basic requirements for officers and the criteria, procedures and methods for the appraisal of officers formulated by the Central Military Commission, with stress on actual performance. The results of the appraisal are divided into three grades: excellent, competent and incompetent, and serve as the main basis for appointing or removing officers. The officers concerned shall be informed of the results of the appraisal.

任免軍官職務，應當先經考核；未經考核不得任免。

The appointment and removal of officers shall be preceded by appraisals; no appointment or removal may be made without an appraisal.

第十二條   軍官職務的任免權限：

Article 12 Authorities for the appointment and removal of officers are as follows:

（一）總參謀長、總政治部主任至正師職軍官職務，由中央軍事委員會主席任免；

1. officers from the Chief of the General Staff and the Director of the General Political Department down to those at the level of division commander shall be appointed or removed by the Chairman of the Central Military Commission;

（二）副師職（正旅職）、正團職（副旅職）軍官職務和高級專業技術軍官職務，由總參謀長、總政治部主任、總後勤部部長和政治委員、總裝備部部長和政治委員、大軍區及軍兵種或者相當大軍區級單位的正職首長任免，副大軍區級單位的正團職（副旅職）軍官職務由副大軍區級單位的正職首長任免；

2. officers at the level of deputy division commander (or brigade commander) and the level of regiment commander (or deputy brigade commander) and senior specialized technical officers shall be appointed or removed by the Chief of the General Staff, the Director of the General Political Department, the Director and the Political Commissar of the General Logistics Department, the Director and the Political Commissar of the General Armaments Department, the commanders and political commissars of the major military commands and of the various services and arms, or the heads of units equivalent to the major military commands; officers at the level of regiment commander (or deputy brigade commander) in units equivalent to quasi major military commands shall be appointed or removed by the heads of those units;

（三）副團職、正營職軍官職務和中級專業技術軍官職務，由集團軍或者其他有任免權的軍級單位的正職首長任免，獨立師的正營職軍官職務由獨立師的正職首長任免；

(III) officers at the level of deputy regiment commander and the level of battalion commander and intermediate specialized technical officers shall be appointed or removed by the heads of corps or of units at the corps level which have the power to make such appointments and removals; officers serving as battalion commanders in an independent division shall be appointed or removed by the heads of that division; and

（四）副營職以下軍官職務和初級專業技術軍官職務，由師（旅）或者其他有任免權的師（旅）級單位的正職首長任免。

(IV) officers at or below the level of deputy battalion commander and junior specialized technical officers shall be appointed or removed by the commander and political commissar of a division (or brigade) or the head (s) of a unit at the division (or brigade) level which has the power to make such appointments and removals.

前款所列軍官職務的任免，按照中央軍事委員會規定的程序辦理。

The appointment and removal of officers described in the preceding paragraph shall be conducted in accordance with the procedures prescribed by the Central Military Commission.

第十三條   在執行作戰、搶險救災等緊急任務時，上級首長有權暫時免去違抗命令、不履行職責或者不稱職的所屬軍官的職務，並可以臨時指派其他軍人代理；因其他原因，軍官職務出現空缺時，上級首長也可以臨時指派軍人代理。

Article 13 While emergency missions like battles or rescue or relief operations are being carried out, leading cadres at higher levels shall have the power tentatively to remove officers on their staff who disobey orders, refuse to perform their duties or are incompetent, and to assign other servicemen to take over their posts for the moment; when vacancies of officer posts appear because of other reasons, they, too, shall have the power to assign servicemen to fill in the vacancies tentatively.

依照前款規定暫時免去或者臨時指派軍人代理軍官職務，應當盡快報請有任免權的上級審核決定，履行任免手續。

The tentative removal of officers or assignment of servicemen to replace them made in accordance with the provisions of the preceding paragraph shall be reported as soon as possible to the higher authorities that have the power of appointment and removal for examination and decision in order to complete the procedure for appointment or removal.

第十四條   作戰部隊的軍事、政治、後勤、裝備軍官平時任職的最高年齡分別為：

Article 14 The maximum age for operational, political, logistics and armaments officers in combat troops in peacetime shall be:

（一）擔任排級職務的，三十歲；

1. 30 for officers at the platoon level;

（二）擔任連級職務的，三十五歲；

2. 35 for officers at the company level;

（三）擔任營級職務的，四十歲；

3. 40 for officers at the battalion level;

（四）擔任團級職務的，四十五歲；

4. 45 for reserve officers at the regimental level;

（五）擔任師級職務的，五十歲；

(V) 50 for officers at the division level;

（六）擔任軍級職務的，五十五歲；

6. 55 for officers at the corps level; and

（七）擔任大軍區級職務的，副職六十三歲，正職六十五歲。

(VII) 63 for officers at the level of deputy commander of the major military command and 65 for officers at the level of commander of the major military command.

在艦艇上服役的營級和團級職務軍官，任職的最高年齡分別為四十五歲和五十歲；從事飛行的團級職務軍官，任職的最高年齡為五十歲。

The maximum age for officers at battalion or regiment level aboard naval vessels shall be 45 and 50 respectively; the maximum age for flying officers at regiment level shall be 50.

作戰部隊的師級和軍級職務軍官，少數工作需要的，按照任免權限經過批準，任職的最高年齡可以適當延長，但是師級和正軍職軍官延長的年齡最多不得超過五歲，副軍職軍官延長的年齡最多不得超過三歲。

The maximum age for a small number of the officers at the division or corps level in combat troops may be appropriately extended, provided this is necessitated by work and approved by the authorities with the prescribed power for appointment and removal. However, the maximum age extension for officers at the division level and at the level of corps commander shall be not more than five years while the maximum age extension for officers at the level of deputy corps commander shall be not more than three years.

第十五條   作戰部隊以外單位的副團職以下軍官和大軍區級職務軍官，任職的最高年齡依照本法第十四條第一款的相應規定執行；正團職軍官，任職的最高年齡為五十歲；師級職務軍官，任職的最高年齡為五十五歲；副軍職和正軍職軍官，任職的最高年齡分別為五十八歲和六十歲。

Article 15 For officers in units other than combat troops, the maximum age for those at or below the level of deputy regiment commander and those at the level of the major military command shall be determined in accordance with the provisions of the first paragraph of Article 14 of this Law; the maximum age for those at the level of regiment commander, at the division level, at the level of deputy corps commander, and at the level of corps commander shall be 50, 55, 58, and 60 respectively.

第十六條   專業技術軍官平時任職的最高年齡分別為：

Article 16 The maximum age for specialized technical officers in peacetime shall be:

（一）擔任初級專業技術職務的，四十歲；

1. 40 for junior specialized technical officers;

（二）擔任中級專業技術職務的，五十歲；

2. 50 for intermediate specialized technical officers; and

（三）擔任高級專業技術職務的，六十歲。

3. 60 for senior specialized technical officers.

擔任高級專業技術職務的軍官，少數工作需要的，按照任免權限經過批準，任職的最高年齡可以適當延長，但是延長的年齡最多不得超過五歲。

The maximum age for a small number of the senior specialized technical officers may be appropriately extended, but the extension shall be not more than five years, provided this is necessitated by work and approved by the departments which have the prescribed authority for appointment and removal.

第十七條   擔任排、連、營、團、師（旅）、軍級主官職務的軍官，平時任職的最低年限分別為三年。

Article 17 The minimum term of office for the principal commanders at the levels of platoon, company, battalion, regiment, division (brigade), and corps in peacetime shall be three years.

第十八條   機關和院校的股長、科長、處長、局長、部長及相當領導職務的軍官，任職的最低年限參照本法第十七條的規定執行。

Article 18 The minimum term of office for chiefs of sections, subdivisions, divisions, bureaus and departments in headquarters or academies and schools and officers holding leading posts at corresponding levels shall be determined with reference to the provisions of Article 17 of this Law.

機關和院校的參謀、幹事、秘書、助理員、教員等軍官，每個職務等級任職的最低年限為三年。

The minimum term of office for staff officers, clerical workers, secretaries, assistants, instructors, etc. shall be three years.

第十九條   專業技術軍官平時任職的最低年限，按照中央軍事委員會的有關規定執行。

Article 19 The minimum term of office for specialized technical officers in peacetime shall be determined in accordance with the relevant regulations of the Central Military Commission.

第二十條   軍官任職滿最低年限後，才能根據編制缺額和本人德才條件逐職晉升。

Article 20 Officers may be promoted to the next higher level by filling vacancies available in the authorized size of the staff on the strength of their political integrity and professional competence, but only after they have completed their minimum term of office.

軍官德才優秀、實績顯著、工作需要的，可以提前晉升；特別優秀的，可以越職晉升。

Officers who are outstanding in political integrity and professional competence and who have distinguished themselves in performing their duties may be promoted ahead of time, provided this is necessitated by work; those who are exceptionally outstanding may be promoted by skipping a grade.

第二十一條   軍官晉升職務，應當具備擬任職務所要求的任職經曆、文化程度、院校培訓等資格。具體條件由中央軍事委員會規定。

Article 21 Officers to be promoted to the next higher level shall have the qualifications required by the posts they are to hold, including the record of assignments, educational level, and training received in academies or schools. The specific qualifications shall be prescribed by the Central Military Commission.

第二十二條   軍官職務應當按照編制員額和編制職務等級任命。

Article 22 Officers shall be appointed within the authorized size of the staff and in accordance with the authorized grading of posts.

第二十三條   軍官經考核不稱職的，應當調任下級職務或者改做其他工作，並按照新任職務確定待遇。

Article 23 Officers whom appraisals prove to be unqualified for their posts shall be transferred to posts at lower levels or to other jobs, and their material and other benefits shall be redetermined accordingly.

第二十四條   擔任師、軍、大軍區級職務的軍官，正職和副職平時任職的最高年限分別為十年。任職滿最高年限的，應當免去現任職務。

Article 24 The maximum term of office for commanders and deputy commanders at or equivalent to the level of division, corps, or major military command in peacetime shall be ten years. Those who have completed their maximum term of office shall be relieved of their posts.

第二十五條   根據國防建設的需要，軍隊可以向非軍事部門派遣軍官，執行軍隊交付的任務。

Article 25 To meet the needs in the building of national defence, Army may send officers to non-military departments to fulfil the tasks assigned by the Army.

第二十六條   軍官可以按照中央軍事委員會的規定改任文職幹部。

Article 26 Officers may be transferred to posts as civilian cadres in the Army in accordance with the regulations of the Central Military Commission.

第四章 軍官的交流和回避

Chapter 4 Exchange of and Withdrawal by Officers

第二十七條   軍官應當在不同崗位或者不同單位之間進行交流，具體辦法由中央軍事委員會根據本法規定。

Article 27 Officers shall be exchanged between different posts or different units. Specific measures shall be prescribed by the Central Military Commission in accordance with this Law.

第二十八條   軍官在一個崗位任職滿下列年限的，應當交流：

Article 28 Officers who have completed the following terms of office at one post shall be exchanged:

（一）作戰部隊擔任師級以下主官職務的，四年；擔任軍級主官職務的，五年；

1. in combat troops, four years for principal commanders at or below the division level and five years for principal commanders at the corps level; and

（二）作戰部隊以外單位擔任軍級以下主官職務的，五年；

2. in units other than combat troops, five years for principal commanders at or below the corps level; and

（三）機關擔任股長、科長、處長及相當領導職務的，四年；擔任局長、部長及相當領導職務的，五年；但是少數專業性強和工作特別需要的除外。

(III) 4 years for chiefs of sections, subdivisions and divisions and equivalent posts in government departments and 5 years for chiefs of bureau and ministers and equivalent posts in government departments except a small number of highly specialized officers and officers specially necessitated by work.

擔任師級和軍級領導職務的軍官，在本單位連續工作分別滿二十五年和三十年的，應當交流。

Officers holding leading posts at the division and corps levels and having worked consecutively in the same unit for 25 years and 30 years respectively shall be exchanged.

擔任其他職務的軍官，也應當根據需要進行交流。

Officers holding other posts shall also be exchanged as required.

第二十九條   在艱苦地區工作的軍官向其他地區交流，按照中央軍事委員會的有關規定執行。

Article 29 Officers working in the areas where conditions are hard shall be exchanged to other areas in accordance with the relevant regulations of the Central Military Commission.

第三十條   軍官之間有夫妻關系、直系血親關系、三代以內旁系血親關系以及近姻親關系的，不得擔任有直接上下級或者間隔一級領導關系的職務，不得在同一單位擔任雙方直接隸屬於同一首長的職務，也不得在擔任領導職務一方的機關任職。

Article 30 For officers having matrimonial relationship, lineal blood relationship, collateral blood relationship within three generations, or close marriage relationship, one of them shall not hold a post directly under the leadership of the other or a post of two levels lower under the leadership of the other, nor shall they hold posts in the same unit where both are directly subordinate to the same leader, nor shall one hold a post in the unit led by the other.

第三十一條   軍官不得在其原籍所在地的軍分區（師級警備區）和縣、市、市轄區的人民武裝部擔任主官職務，但是工作特別需要的除外。

Article 31 No officer may hold the post of the principal commander of the military subcommand (or garrison command at the division level) or the department of the people's armed forces of the county, municipality or district under the jurisdiction of the municipal government in his or her native place. But officers specially necessitated by work are exceptions.

第三十二條   軍官在執行職務時，涉及本人或者涉及與本人有本法第三十條所列親屬關系人員的利益關系的，應當回避，但是執行作戰任務和其他緊急任務的除外。

Article 32 When officers perform the duties involving their own interests or the interests of the people having such relationships with them as listed in Article 30 of this Law, they shall withdraw. But officers carrying out combat tasks or other urgent tasks are exceptions.

第五章 軍官的獎勵和處分

Chapter 5 Awards and Penalties for Officers

第三十三條   軍官在作戰和軍隊建設中做出突出貢獻或者取得顯著成績，以及為國家和人民做出其他較大貢獻的，按照中央軍事委員會的規定給予獎勵。

Article 33 Officers who have made significant contributions or achieved outstanding successes in battle or in army building and those who have made considerable contributions to the State and the people in other fields of endeavor shall be awarded in accordance with the relevant regulations of the Central Military Commission.

獎勵分為：嘉獎、三等功、二等功、一等功、榮譽稱號以及中央軍事委員會規定的其他獎勵。

The awards shall fall into the following categories: Honourable Citation; Citation for Merit, Class III; Citation for Merit, Class II; Citation for Merit, Class I; and conferment of honourable titles and other awards instituted by the Central Military Commission.

第三十四條   軍官違反軍紀的，按照中央軍事委員會的規定給予處分。

Article 34 Officers who have violated military discipline shall be given disciplinary sanctions in accordance with the regulations of the Central Military Commission.

處分分為：警告、嚴重警告、記過、記大過、降職（級）或者降銜、撤職、開除軍籍以及中央軍事委員會規定的其他處分。

The disciplinary sanctions shall fall into the following categories: disciplinary warning; serious disciplinary warning; recording of a demerit; recording of a serious demerit; demotion to a lower post (or grade); dismissal from post; disciplinary discharge from the military service and other disciplinary sanctions prescribed by the Central Military Commission.

第三十五條   對被撤職的軍官，根據其所犯錯誤的具體情況，任命新的職務；未任命新的職務的，應當確定職務等級待遇。

Article 35 Officers who have been removed from office shall be appointed to new posts in the light of the specific circumstances under which they made mistakes; those who have not been appointed to new posts shall also be regarded for their posts and treatment.

第三十六條   軍官違反法律，構成犯罪的，依法追究刑事責任。

Article 36 Officers whose actions against the law constitute criminal offences shall be investigated for criminal responsibility in accordance with law.

第六章 軍官的待遇

CHAPTER 6 TREATMENT OF OFFICERS

第三十七條   軍官實行職務軍銜等級工資制和定期增資制度，按照國家和軍隊的有關規定享受津貼和補貼，並隨著國民經濟的發展適時調整。具體標準和辦法由中央軍事委員會規定。

Article 37 A system linking salary to post and military rank and a regular salary increase system shall be instituted for officers, who shall, in accordance with the relevant regulations of the State and the Army, enjoy allowances and subsidies which shall be duly adjusted with the development of the national economy. Specific criteria and measures shall be prescribed by the Central Military Commission.

軍官按照規定離職培訓、休假、治病療養以及免職待分配期間，工資照發。

Officers shall continue to draw their salaries, when they, in accordance with the relevant regulations, receive off-service training, take vacation, receive medical treatment or recuperate, or when they wait for new assignments after being relieved of their duties.

第三十八條   軍官享受公費醫療待遇。有關部門應當做好軍官的醫療保健工作，妥善安排軍官的治病和療養。

Article 38 Officers shall enjoy free medical care. The relevant departments shall do a good job of providing medical and health services for officers and make proper arrangements for their medical treatment and recuperation.

軍官按照國家和軍隊的有關規定享受軍人保險待遇。

Officers shall enjoy servicemen insurance in accordance with the relevant regulations of the State and the Army.

第三十九條   軍官住房實行公寓住房與自有住房相結合的保障制度。軍官按照規定住用公寓住房或者購買自有住房，享受相應的住房補貼和優惠待遇。

Article 39 Officers' housing shall be guaranteed by a system under which public apartments are combined with self-owned houses. Officers may reside in public apartments or buy their own houses in accordance with regulations, and they shall enjoy appropriate housing subsidies and preferential treatment.

第四十條   軍官享受休假待遇。上級首長應當每年按照規定安排軍官休假。

Article 40 Officers shall be entitled to vacation. Leading cadres at higher levels shall arrange annual vacation for officers in accordance with regulations.

執行作戰任務部隊的軍官停止休假。

Officers of units carrying out combat duties are suspended from vacation.

國家發布動員令後，按照動員令應當返回部隊的正在休假的軍官，應當自動結束休假，立即返回本部。

When the State issues an order of mobilization, officers on vacation who are required to return to their units in response to the order shall terminate their vacation and return to their units immediately.

第四十一條   軍官的家屬隨軍、就業、工作調動和子女教育，享受國家和社會優待。

Article 41 Officers' family members shall enjoy the preferential treatment of the State and the society in respect of coming to reside with the officers, getting employed or transferred to other jobs and in respect of education for children.

軍官具備家屬隨軍條件的，經師（旅）級以上單位的政治機關批準，其配偶和未成年子女、無獨立生活能力的子女可以隨軍，是農村戶口的，轉為城鎮戶口。

Officers who are qualified to take along with them their family members, i.e., their spouses and their children who have not come of age or who do not have the ability to live by themselves, may do so after obtaining approval from the political departments at or above the division (or brigade) level, and those family members who are from the countryside may have their rural domicile registrations changed to urban ones.

部隊移防或者軍官工作調動的，隨軍家屬可以隨調。

When the units are shifted to other places for garrison duties or when the officers are assigned posts in other places, their dependents may accompany the officers.

軍官年滿五十歲、身邊無子女的，可以調一名有工作的子女到軍官所在地。所調子女已婚的，其配偶和未成年子女、無獨立生活能力的子女可以隨調。

An officer who has reached the age of 50 but who has no child living with him or her may have one working child transferred to the place where he or she is stationed. If the son or daughter to be thus transferred is married, his or her spouse and his or her children who have not come of age or who do not have the ability to live by themselves may be transferred along with him or her.

隨軍的軍官家屬、隨調的軍官子女及其配偶的就業和工作調動，按照國務院和中央軍事委員會的有關規定辦理。

The assignment and transfer of jobs for officers' family members who reside with the officers and for officers' children and their children's spouses who are transferred to the places where the officers are stationed shall be handled in accordance with the relevant regulations of the State Council and the Central Military Commission.

第四十二條   軍官犧牲、病故後，其隨軍家屬移交政府安置管理。具體辦法由國務院和中央軍事委員會規定。

Article 42 The affairs of the family members who reside with the officers shall be handed over to the government after the officers' death in action or because of illness. Specific measures shall be formulated by the State Council and the Central Military Commission.

第七章 軍官退出現役

Chapter 7 Retirement of Officers from Active Service

第四十三條   軍事、政治、後勤、裝備軍官平時服現役的最低年限分別為：

Article 43 The minimum term of active service for operational, political, logistics and armaments officers in peacetime shall be:

（一）擔任排級職務的，八年；

1. 8 years for officers at the platoon level;

（二）擔任連級職務的，副職十年，正職十二年；

2. 10 years for officers at the level of deputy company commander, and 12 years for officers at the level of company commander;

（三）擔任營級職務的，副職十四年，正職十六年；

3. 14 years for officers at the level of deputy battalion commander, and 16 years for officers at the level of battalion commander; and

（四）擔任團級職務的，副職十八年，正職二十年。

(IV) 18 years for officers at the level of deputy regiment commander, and 20 years for officers at the level of regiment commander.

第四十四條   專業技術軍官平時服現役的最低年限分別為：

Article 44 The minimum term of active service for specialized technical officers in peacetime shall be:

（一）擔任初級專業技術職務的，十二年；

1. 12 years for junior specialized technical officers;

（二）擔任中級專業技術職務的，十六年；

2. 16 years for intermediate specialized technical officers; and

（三）擔任高級專業技術職務的，二十年。

3. 20 years for senior specialized technical officers.

第四十五條   軍官未達到平時服現役的最低年限的，不得退出現役。但是有下列情形之一的，應當提前退出現役：

Article 45 No officers who have not completed their minimum term of active service in peacetime may retire from active service. However, those who fall into any of the following categories shall retire from active service ahead of time:

（一）傷病殘不能堅持正常工作的；

1. being unable to carry on work regularly because of wound, illness, or disability;

（二）經考核不稱職又不宜作其他安排的；

(II) being appraised as unqualified for the post and unsuitable for other arrangements;

（三）犯有嚴重錯誤不適合繼續服現役的；

(III) having made a serious mistake and become unsuitable for continued active service;

（四）調離軍隊，到非軍事部門工作的；

4. being transferred from the corps to non-military departments; or

（五）因軍隊體制編制調整精簡需要退出現役的。

(V) having to retire from active service as a result of the readjustment and streamlining of the structure and organization of the Army.

軍官未達到平時服現役的最低年限，要求提前退出現役未獲批準，經教育仍堅持退出現役的，給予降職（級）處分或者取消其軍官身份後，可以作出退出現役處理。

Officers who have not completed their minimum term of active service in peacetime, whose applications for retiring from active service ahead of time have been rejected and who insist on early retirement despite persuasion may be allowed to do so after they are demoted to a lower post (or grade) by way of disciplinary sanction or after they are deprived of their status as officers.

第四十六條   軍官達到平時服現役的最高年齡的，應當退出現役。

Article 46 Officers shall retire from active service when they reach the maximum age for active service in peacetime.

軍官平時服現役的最高年齡分別為：

The maximum age for Active Duty Officers in peacetime shall be:

（一）擔任正團職職務的，五十歲；

1. 50 for officers at the level of regiment commander;

（二）擔任師級職務的，五十五歲；

2. 55 for officers at the division level;

（三）擔任軍級職務的，副職五十八歲，正職六十歲；

3. 58 for officers at the level of deputy corps commander, and 60 for officers at the level of corps commander; and

（四）擔任其他職務的，服現役的最高年齡與任職的最高年齡相同。

(IV) the maximum age for active duty officers holding other posts shall be the same as the maximum age for their posts.

第四十七條   軍官未達到平時服現役的最高年齡，有下列情形之一的，應當退出現役：

Article 47 Officers who have not reached the maximum age for active service in peacetime shall retire from active service if they fall into any of the following categories:

（一）任職滿最高年限後需要退出現役的；

1. having to retire from active service after completing their maximum terms of office;

（二）傷病殘不能堅持正常工作的；

2. being unable to carry on work regularly because of wound, illness, or disability;

（三）受軍隊編制員額限制，不能調整使用的；

3. being not in a position to be reappointed because of limitations on the size of the staff;

（四）調離軍隊，到非軍事部門工作的；

4. being transferred from the corps to non-military departments; or

（五）有其他原因需要退出現役的。

(V) having to retire from active service because of other reasons.

第四十八條   軍官退出現役的批準權限與軍官職務的任免權限相同。

Article 48 Officers' retirement from active service shall be approved by the same authorities that have the power to approve their appointment and removal.

第四十九條   軍官退出現役後，采取轉業由政府安排工作和職務，或者由政府協助就業、發給退役金的方式安置；有的也可以采取複員或者退休的方式安置。

Article 49 After retiring from active service, officers shall be transferred to civilian jobs with the government assigning them jobs and posts or assisting them to get jobs and providing them with retirement pay; some of them may be treated as demobilized servicemen or as pensioners.

擔任師級以上職務和高級專業技術職務的軍官，退出現役後作退休安置，有的也可以作轉業安置或者其他安置。

After they retire from active service, officers holding posts at or above the divisional level or senior specialized technical posts shall be treated as pensioners; some of them may be transferred to civilian jobs, or other arrangements may be made for them.

擔任團級以下職務和初級、中級專業技術職務的軍官，退出現役後作轉業安置或者其他安置。

After they retire from active service, officers holding posts at or below the regimental level or junior or intermediate specialized technical posts shall be transferred to civilian jobs, or other arrangements may be made for them.

對退出現役由政府安排工作和職務以及由政府協助就業、發給退役金的軍官，政府應當根據需要進行職業培訓。

After retiring from active service, officers who are assigned jobs and posts or who are assisted to get jobs and provided with retirement pay by the government shall receive vocational training arranged by the government where necessary.

未達到服現役的最高年齡，基本喪失工作能力的軍官，退出現役後作退休安置。

Officers who have basically lost their ability to work before reaching the maximum age for active service shall be treated as pensioners after retiring from active service.

服現役滿三十年以上或者服現役和參加工作滿三十年以上，或者年滿五十歲以上的軍官，擔任師級以上職務，本人提出申請，經組織批準的，退出現役後可以作退休安置；擔任團級職務，不宜作轉業或者其他安置的，可以由組織批準退出現役後作退休安置。

Officers who have been in active service for 30 years or more, or who have been in active service and have worked for the State for a total of 30 years or more, or who are aged 50 or more, may be treated as pensioners, provided they are released from active service upon approval of their applications for retirement by the competent authorities; and those who are at the regimental level and are not suitable for transference to civilian jobs or for other arrangements may be treated as pensioners, provided their retirement from active service is approved by the competent authorities.

第五十條   軍官達到服現役的最高年齡，符合國家規定的離休條件的，可以離職休養。因工作需要或者其他原因，經過批準，可以提前或者推遲離休。

Article 50 Officers who have reached the maximum age for active service may leave their posts to rest if they meet the relevant State requirements for doing so. Upon approval, some may do so before they reach the maximum age while others may stay longer in active service due to the need of work or for other reasons.

第五十一條   軍官退出現役後的安置管理具體辦法由國務院和中央軍事委員會規定。

Article 51 The specific administrative measures for the arrangements to be made for the officers after they retire from active service shall be prescribed by the State Council and the Central Military Commission.

軍官離職休養和軍級以上職務軍官退休後，按照國務院和中央軍事委員會的有關規定安置管理。

Arrangements for officers who have left their posts to rest and officers at or above the corps level who have retired from active service shall be made and their affairs administered in accordance with the relevant regulations of the State Council and the Central Military Commission.

第八章 附則

Chapter 8 Supplementary Provisions

第五十二條   人民解放軍總政治部根據本法制定實施辦法，報國務院和中央軍事委員會批準後施行。

Article 52 The General Political Department of the People's Liberation Army shall, in accordance with this Law, formulate measures for its implementation, which shall come into force after being submitted to and approved by the State Council and the Central Military Commission.

第五十三條   中國人民武裝警察部隊現役警官適用本法，具體辦法由國務院和中央軍事委員會規定。

Article 53 This Law shall be applicable to officers of the Chinese People's Armed Police Force in active service. Specific measures shall be formulated by the State Council and the Central Military Commission.

第五十四條   本法（原稱《中國人民解放軍現役軍官服役條例》）自１９８９年１月１日起施行。１９７８年８月１８日第五屆全國人民代表大會常務委員會批準、１９７８年８月１９日國務院和中央軍事委員會頒布的《中國人民解放軍幹部服役條例》同時廢止。

Article 54 This Law (formerly known as Regulations of the Chinese People's Liberation Army on the Military Service of Officers in Active Service) shall go into effect as of January 1, 1989. The Regulations on the Military Service of Cadres of the Chinese People's Liberation Army, which was approved by the Standing Committee of the Fifth National People's Congress on August 18, 1978 and promulgated by the State Council and the Central Military Commission on August 19, 1978, shall be annulled as of the same date.