法律文本

中華人民共和國預備役軍官法(2010修訂)

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

（1995年5月10日第八屆全國人民代表大會常務委員會第十三次會議通過 根據2010年8月28日第十一屆全國人民代表大會常務委員會第十六次會議《關於修改〈中華人民共和國預備役軍官法〉的決定》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 錄

Contents

  第一章 總 則

Chapter 1 General Provisions

  第二章 預備役軍官的條件、來源和選拔

Chapter II Requirements, Sources and Selection of Reserve Officers

  第三章 預備役軍官的職務等級和職務

Chapter III Post Grades and Posts for Reserve Officers

  第四章 預備役軍官的軍銜

Chapter 4 Military Ranks for Reserve Officers

  第五章 預備役軍官的登記

Chapter 5 Registration of Reserve Officers

  第六章 預備役軍官的培訓

Chapter 6 Training of Reserve Officers

  第七章 預備役軍官的征召

Chapter 7 Recruitment of Reserve Officers

  第八章 預備役軍官的待遇

Chapter 8 Benefits and Treatment for Reserve Officers

  第九章 預備役軍官的退役

Chapter 9 Retirement of Reserve Officers

  第十章 法律責任

Chapter 10 Legal Liabilities

  第十一章 附 則

Chapter 11 Supplementary Provisions

第一章 總 則

Chapter 1 General Provisions

第一條   為了健全預備役軍官制度，完善國家武裝力量動員體制，加強國防後備力量建設，根據憲法和兵役法，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.

第二條   本法所稱預備役軍官是被確定為人民解放軍預備役排級以上職務等級或者初級以上專業技術職務等級，被授予相應的預備役軍官軍銜，並經兵役機關登記的預備役人員。

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.

第三條   預備役軍官是國防後備力量的重要組成部分，是戰時補充現役軍官的主要來源之一。

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.

預備役軍官履行法律賦予的職責，享有與其職責相應的地位和榮譽。國家依法保障預備役軍官的合法權益和相應待遇。

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.

第四條   預備役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。

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.

軍官預備役按照平時管理和戰時動員的需要，分為兩類：在預備役部隊任職的和預編到現役部隊的預備役軍官為第一類軍官預備役；其他預備役軍官為第二類軍官預備役。

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.

第五條   全國的預備役軍官管理工作在國務院、中央軍事委員會領導下，由人民解放軍總政治部主管。

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.

軍區、省軍區（衛戍區、警備區）、軍分區（警備區）政治部負責本區域的預備役軍官管理工作。軍兵種政治部負責軍兵種部隊預備役軍官的有關管理工作。

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.

縣、自治縣、不設區的市、市轄區人民武裝部（以下統稱縣人民武裝部）負責本行政區域預備役軍官的具體管理工作。

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.

第六條   國務院有關部門、地方各級人民政府應當根據職責分工，依照本法和有關法律、法規的規定，做好預備役軍官的有關管理工作。

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.

第七條   人民解放軍總政治部、軍區政治部、省軍區（衛戍區、警備區）政治部、軍分區（警備區）政治部和縣人民武裝部會同有關政府部門，建立健全軍地預備役軍官工作聯席會議制度，定期召開軍隊和地方有關部門、當地預備役部隊和預編預備役軍官的現役部隊參加的聯席會議，協調解決預備役軍官工作中的有關問題。有特殊需要時，可以臨時召集會議。

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.

聯席會議議定的事項，軍隊和地方有關部門應當按照各自的職責辦理。

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

第八條   預備役軍官所在的工作單位，應當支持預備役軍官參加軍事訓練、執行軍事勤務和履行其他兵役義務，協助做好預備役軍官管理工作。

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.

第九條   預備役軍官應當遵守憲法和法律、法規以及軍隊的有關規章、制度，參加軍事訓練和軍事勤務活動，接受政治教育，增強組織指揮能力和專業技能，隨時準備應召服現役。

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.

第十條   對在履行兵役義務過程中做出突出貢獻的預備役軍官，應當依照中央軍事委員會的有關規定給予嘉獎、記功或者授予榮譽稱號。

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.

對在預備役軍官工作中做出突出成績的單位和個人，依照有關規定給予表彰或者獎勵。

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 預備役軍官的條件、來源和選拔

Chapter II Requirements, Sources and Selection of Reserve Officers

第十一條   預備役軍官應當具備下列基本條件：

Article 11 Reserve officers shall meet the following basic requirements:

（一）忠於祖國，遵守憲法和法律、法規；

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

（二）服從命令，聽從指揮；

2. Obeying orders and commands;

（三）符合本法規定的服軍官預備役的年齡；

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

（四）退出現役或者接受過軍事專業培訓並經考核合格，具有與其職務相應的科學文化知識、組織指揮能力或者專業技能；

(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）身體健康。

(V) being in good health.

第十二條   預備役軍官從下列人員中選拔：

Article 12 Reserve officers shall be selected from:

（一）退出現役的軍官和文職幹部；

1. officers and civilian cadres released from active service;

（二）退出現役的士兵；

2. soldiers released from active service;

（三）專職人民武裝幹部和民兵幹部；

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

（四）普通高等學校畢業學生；

(IV) graduates from common higher education institutions;

（五）非軍事部門的專業技術人員；

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

（六）符合預備役軍官基本條件的其他公民。

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

第十三條   選拔預備役軍官的計劃，由中央軍事委員會確定，人民解放軍總政治部會同有關部門組織實施。

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.

第十四條   依照本法第十二條的規定，從退出現役的軍官和文職幹部中選拔的預備役軍官，由部隊團級以上單位政治機關提出轉服軍官預備役的意見，按照規定的權限批準後，到安置地的縣人民武裝部辦理預備役軍官登記。

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.

從前款規定以外的其他人員中選拔預備役軍官，按照下列程序辦理：

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）基層人民武裝部或者所在單位按照上級下達的計劃和規定的條件推薦；

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）選拔服第一類軍官預備役的，由有關預備役部隊或者現役部隊會同縣人民武裝部共同審核確認人選，選拔服第二類軍官預備役的，由縣人民武裝部審核確認人選；

(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）承訓單位組織培訓；

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

（四）按照規定的權限審批；

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

（五）縣人民武裝部辦理預備役軍官登記。

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

第三章 預備役軍官的職務等級和職務

Chapter III Post Grades and Posts for Reserve Officers

第十五條   預備役軍事、政治、後勤、裝備軍官的職務等級設置為：正師職、副師職、正團職、副團職、正營職、副營職、正連職、副連職、排職。

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.

預備役專業技術軍官的職務等級設置為：高級專業技術職務、中級專業技術職務、初級專業技術職務。

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

第十六條   對被確定服軍官預備役的人員，應當確定職務等級。

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

退出現役轉服軍官預備役的人員，其職務等級的確定依照現役軍官相應職務等級的任免權限辦理。

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.

前款規定以外的其他服軍官預備役的人員，其職務等級的確定依照下列規定的權限批準：

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）師級軍官職務等級和高級專業技術軍官職務等級的確定，由軍區級單位正職首長批準；

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）團級軍官職務等級和中級專業技術軍官職務等級的確定，由有軍官職務任免權的軍級單位正職首長批準；

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）營級以下軍官職務等級和初級專業技術軍官職務等級的確定，由有軍官職務任免權的師級單位正職首長批準。

(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.

第十七條   在預備役部隊和預編到現役部隊任職的預備役軍官，除依照本法第十六條的規定確定職務等級外，其職務依照下列規定的權限任免：

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）營級以上軍官職務和高級、中級、初級專業技術軍官職務的任免權限，依照本法第十六條第三款規定執行；

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）正連職、副連職、排職軍官職務，由有軍官職務任免權的團級單位正職首長任免。

(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.

第十八條   對預備役軍官應當進行考核。考核工作由預備役軍官所在部隊或者兵役機關會同地方有關部門，根據國家有關規定，按照職責分工，共同組織實施。考核結果作為任免預備役軍官職務的主要依據。

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.

第十九條   預備役軍官職務等級的確定和職務的任免，按照中央軍事委員會規定的程序辦理。

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 預備役軍官的軍銜

Chapter 4 Military Ranks for Reserve Officers

第二十條   國家實行預備役軍官軍銜制度。

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

預備役軍官軍銜是區分預備役軍官等級、表明預備役軍官身份的稱號、標志和國家給予預備役軍官的榮譽。

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

第二十一條   預備役軍官軍銜設下列三等八級：

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

（一）預備役將官：預備役少將；

1. Reserve Generals: reserve Major General;

（二）預備役校官：預備役大校、上校、中校、少校；

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

（三）預備役尉官：預備役上尉、中尉、少尉。

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

第二十二條   預備役軍官軍銜分為：

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

（一）預備役軍事、政治、後勤、裝備軍官：預備役少將、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）預備役專業技術軍官：預備役專業技術少將、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.

海軍、空軍預備役軍官，在軍銜前分別冠以“海軍”、“空軍”。

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

第二十三條   預備役軍官實行職務等級編制軍銜。

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

預備役軍事、政治、後勤、裝備軍官實行下列職務等級編制軍銜：

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

正師職：預備役大校、少將；

Division: reserve Senior Colonel, Major General;

副師職：預備役上校、大校；

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

正團職：預備役上校、中校；

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

副團職：預備役中校、少校；

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

正營職：預備役少校、中校；

Position at: Reserve Major or Lieutenant Colonel

副營職：預備役上尉、少校；

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

正連職：預備役上尉、中尉；

Position of company commander: reserve Captain or Lieutenant;

副連職：預備役中尉、上尉；

Position of deputy company commander: reserve Lieutenant or Captain;

排 職：預備役少尉、中尉。

Platoon: reserve Second Lieutenant, Lieutenant.

預備役專業技術軍官實行下列職務等級編制軍銜：

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

高級專業技術職務：預備役專業技術少將、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

中級專業技術職務：預備役專業技術大校、上校、中校、少校、上尉；

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

初級專業技術職務：預備役專業技術中校、少校、上尉、中尉、少尉。

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

第二十四條   預備役軍官參加軍事訓練、執行軍事勤務期間，軍銜高的預備役軍官為軍銜低的預備役軍官的上級；軍銜高的預備役軍官在職務上隸屬於軍銜低的預備役軍官的，職務高的為上級。

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.

第二十五條   評定和授予預備役軍官軍銜，以預備役軍官職務等級、工作（任職）年限、德才表現和工作實績為依據。

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.

第二十六條   授予預備役軍官軍銜，依照下列規定的權限批準：

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

（一）預備役少將、大校，由中央軍事委員會主席批準授予；

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）預備役上校，由軍區級單位正職首長批準授予；

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）預備役中校、少校，由有軍官職務任免權的軍級單位正職首長批準授予；

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）預備役上尉、中尉、少尉，由有軍官職務任免權的師級單位正職首長批準授予。

(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.

第二十七條   轉服軍官預備役的軍官和文職幹部，其預備役軍官軍銜，按照其原現役軍官軍銜等級或者文職幹部級別確定。

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.

第二十八條   預備役軍官軍銜，依照下列規定晉級：

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

（一）被批準退出現役轉服軍官預備役的軍官，其軍銜已滿晉升年限，符合規定條件的，其預備役軍官軍銜可以比其原現役軍官軍銜等級高一級；

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）預備役軍官由於職務等級提升，其軍銜低於新任職務等級編制軍銜的最低軍銜的，提前晉升至新任職務等級編制軍銜的最低軍銜；

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）預備役少尉至預備役上校軍官，符合規定條件和晉升年限的，可以在職務等級編制軍銜範圍內，逐級晉升預備役軍官軍銜；

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）預備役大校晉升預備役少將，實行選升；

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

（五）預備役軍官在履行兵役義務過程中有突出功績的，其預備役軍官軍銜可以提前晉級。

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

晉升預備役軍官軍銜的條件、年限和程序，由中央軍事委員會規定。

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

第二十九條   預備役軍官軍銜的晉級，按照下列規定的權限批準：

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

（一）預備役大校晉升預備役少將、預備役上校晉升預備役大校，由中央軍事委員會主席批準；

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）預備役中校晉升預備役上校，由軍區級單位正職首長批準；

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）預備役少校晉升預備役中校、預備役上尉晉升預備役少校，由有軍官職務任免權的軍級單位正職首長批準；

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）預備役中尉晉升預備役上尉、預備役少尉晉升預備役中尉，由有軍官職務任免權的師級單位正職首長批準。

(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.

第三十條   預備役軍官違反軍紀的，按照中央軍事委員會的有關規定，可以給予軍銜降級處分。批準預備役軍官軍銜降級的權限，與批準授予該級預備役軍官軍銜的權限相同。

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.

預備役軍官軍銜降級不適用於預備役少尉軍官。

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

第三十一條   對被取消預備役軍官身份的人員，應當取消其預備役軍官軍銜。批準取消預備役軍官軍銜的權限，與批準授予該級預備役軍官軍銜的權限相同。

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.

第三十二條   預備役軍官犯罪，被依法判處剝奪政治權利或者三年以上有期徒刑的，應當剝奪其預備役軍官軍銜。批準剝奪預備役軍官軍銜的權限，與批準授予該級預備役軍官軍銜的權限相同。

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.

第三十三條   預備役軍官退出預備役後，其預備役軍官軍銜予以保留，在其軍銜前冠以“退役”。

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

第三十四條   預備役軍官軍銜的肩章、符號標志式樣及佩帶辦法，由中央軍事委員會頒布。

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 預備役軍官的登記

Chapter 5 Registration of Reserve Officers

第三十五條   預備役軍官的登記，由縣人民武裝部辦理。

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

退出現役被確定轉服軍官預備役的人員，應當自到達安置地之日起三十日內，到縣人民武裝部辦理預備役軍官登記；其他人員在被確定服軍官預備役的同時辦理預備役軍官登記。

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.

被確定服軍官預備役的在國家機關、社會團體、企業事業單位工作的人員，到工作單位所在地的縣人民武裝部辦理預備役軍官登記；被確定服軍官預備役的其他人員，到戶籍所在地的縣人民武裝部辦理預備役軍官登記。

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.

縣人民武裝部辦理預備役軍官登記時，應當向被確定服軍官預備役的人員當面核實其身份、經曆等有關情況，說明有關事項，並將預備役軍官登記情況通知其所在單位。

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.

第三十六條   預備役軍官因工作調動或者遷居需要變更預備役軍官登記地的，應當辦理轉出手續，並自到達新的工作單位或者居住地之日起三十日內，到所在地的縣人民武裝部辦理轉入手續。

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.

縣人民武裝部辦理服第一類軍官預備役的人員轉出、轉入手續的，應當通報預備役軍官所在部隊。

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.

第三十七條   預備役軍官有下列情形之一的，應當由縣人民武裝部注銷其預備役軍官登記：

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）退出預備役的；

1. having been discharged from reserve service;

（二）出國定居的；

(II) settling down abroad;

（三）死亡的；

(III) Death;

（四）被取消預備役軍官身份的。

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

第三十八條   縣人民武裝部必須按照規定對在本行政區域內登記的預備役軍官，每年進行一次核對，並逐級統計上報。

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 預備役軍官的培訓

Chapter 6 Training of Reserve Officers

第三十九條   未服過現役或者未接受過軍事專業培訓的人員，被選拔為預備役軍官的，在確定預備役軍官職務等級前，應當接受軍事專業培訓。

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.

第四十條   預備役軍官在服預備役期間，應當依照兵役法和本法的規定接受軍事訓練和政治教育。

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.

服第一類軍官預備役的人員，每晉升一級指揮職務，應當經過相應的培訓，具備任職所需的組織指揮能力。

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.

擔任專業技術職務的預備役軍官，應當接受相關的專業技術培訓。

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

第四十一條   國務院和中央軍事委員會在必要的時候，可以決定對預備役軍官實施應急訓練。預備役軍官必須按照規定接受應急訓練。

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.

第四十二條   預備役軍官的軍事訓練和政治教育大綱，由人民解放軍總參謀部、總政治部、總後勤部、總裝備部制定。

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.

負有預備役軍官培訓職責的單位應當根據預備役軍官的軍事訓練和政治教育大綱，按照職責分工，制定實施計劃。

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.

第四十三條   服第一類軍官預備役的人員的培訓，由省軍區（衛戍區、警備區）或者所在部隊組織實施；服第二類軍官預備役的人員的培訓，由省軍區（衛戍區、警備區）、軍分區（警備區）和縣人民武裝部組織實施。人民解放軍總參謀部、總政治部和軍兵種、軍區根據需要組織預備役軍官的培訓。

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.

預備役軍官所在單位和當地人民政府應當支持和協助預備役軍官培訓工作，保證培訓任務的完成。

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.

軍隊院校、預備役軍官訓練機構、現役部隊、預備役部隊和有關的普通高等學校，應當按照國家有關規定，承擔預備役軍官的培訓任務。

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 預備役軍官的征召

Chapter 7 Recruitment of Reserve Officers

第四十四條   省軍區（衛戍區、警備區）、軍分區（警備區）和縣人民武裝部應當根據國防動員的需要，會同縣級以上地方人民政府有關部門制定預備役軍官征召預案，其中，服第一類軍官預備役的人員的征召預案，應當會同有關預備役部隊、現役部隊制定。

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.

省軍區（衛戍區、警備區）、軍分區（警備區）、縣人民武裝部以及預備役部隊和預編預備役軍官的現役部隊，應當組織征召演練，縣級以上地方人民政府有關部門應當支持和協助。

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.

第四十五條   國家決定實施國防動員後，縣人民武裝部應當根據上級的命令迅速向被確定為征召對象的預備役軍官下達征召通知；必要時，預備役部隊和預編預備役軍官的現役部隊也可以直接向所屬的被確定為征召對象的預備役軍官下達征召通知，並通報預備役軍官登記地的縣人民武裝部。

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.

第四十六條   預備役軍官接到征召的通知後，必須按照規定時間到指定地點報到，由於傷病等原因暫時不能應召的，經縣人民武裝部核實，並報上一級兵役機關批準，可以暫緩應召。

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.

第四十七條   國家決定實施國防動員後，尚未被征召的預備役軍官，未經其所在部隊或者登記地的縣人民武裝部批準，不得離開預備役登記地；已經離開的，接到征召通知，應當按照通知要求立即返回或者到指定地點報到。

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.

第四十八條   被征召的預備役軍官轉服現役的，按照戰時現役軍官任免權限下達任職命令，改授現役軍官軍銜，履行現役軍官相應的職責；未轉服現役的，按照上級下達的任務履行職責。

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.

第四十九條   被征召的預備役軍官所在單位應當協助兵役機關做好預備役軍官的征召工作。

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

第五十條   國家解除國防動員的實施措施後，被征召轉服現役的預備役軍官，除根據部隊需要繼續服現役的，應當退出現役。

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 預備役軍官的待遇

Chapter 8 Benefits and Treatment for Reserve Officers

第五十一條   預備役軍官履行兵役義務的工作實績，應當作為所在單位對其考核評定、晉升職務及工資等級的依據之一；立功或者被授予榮譽稱號的，享受國家和地方給予同等立功受獎者的獎勵和優待。

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.

第五十二條   預備役軍官參加軍事訓練、執行軍事勤務期間，應當按照規定著裝；參加國慶節、建軍節或者其他重大慶典活動的，可以著預備役軍官制式服裝，並佩帶預備役軍官軍銜肩章、符號標志。

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.

第五十三條   預備役軍官參加軍事訓練、執行軍事勤務期間，其工作單位是國家機關、社會團體、企業事業單位的，由其所在單位照發工資和獎金，其享受的福利待遇不變。

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.

前款規定以外的其他預備役軍官參加軍事訓練、執行軍事勤務期間，應當給予誤工補貼，具體辦法和標準由省、自治區、直轄市人民政府規定。

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.

預備役軍官參加軍事訓練、執行軍事勤務按照國家規定給予夥食補助，報銷往返差旅費。

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.

第五十四條   對按照規定參加軍事訓練、執行軍事勤務的預備役軍官，按照參加軍事訓練、執行軍事勤務的時間及其職務等級發給補貼。補貼標準由財政部和人民解放軍總參謀部、總政治部、總後勤部制定，所需經費由中央財政保障。

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.

第五十五條   預備役軍官在參加軍事訓練、執行軍事勤務等軍事活動中犧牲、傷殘的，參照國家關於軍人撫恤優待的規定辦理。

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 預備役軍官的退役

Chapter 9 Retirement of Reserve Officers

第五十六條   預備役軍官達到平時服預備役最高年齡時，應當退出預備役。

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

第五十七條   預備役軍事、政治、後勤、裝備軍官平時服預備役的最高年齡：

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

擔任師級職務的，五十五歲；

55 for officers at the division level;

擔任團級職務的，五十歲；

50 for reserve officers at the regimental level;

擔任營級職務的，四十五歲；

45 for reserve officers at the battalion level;

擔任連級職務的，四十歲；

40 for officers at the company level;

擔任排級職務的，三十五歲。

35 for officers at the platoon level.

服第一類軍官預備役的人員確因工作需要，經過批準，平時服預備役的最高年齡可以適當延長，但是延長的年齡不得超過五歲。

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.

第五十八條   預備役專業技術軍官平時服預備役的最高年齡：

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

擔任高級專業技術職務的，六十歲；

60 for senior specialized technical officers;

擔任中級專業技術職務的，五十五歲；

55 for intermediate specialized technical officers; and

擔任初級專業技術職務的，五十歲。

50 for junior specialized technical officers.

第五十九條   未達到平時服預備役最高年齡的預備役軍官，由於傷病殘或者其他原因不能繼續服預備役的，應當退出預備役。

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.

第六十條   預備役軍官退出預備役的批準權限，與本法第十六條第三款規定的權限相同。

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.

第六十一條   預備役軍官退出預備役時，根據其服預備役的時間和貢獻，頒發相應的榮譽證章。

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 法律責任

Chapter 10 Legal Liabilities

第六十二條   預備役軍官參加軍事訓練、執行軍事勤務期間，違反紀律的，依照有關規定給予處分；構成犯罪的，依法追究刑事責任。

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.

第六十三條   預備役軍官有下列行為之一的，由縣級人民政府責令限期改正；逾期不改正的，由縣級以上地方人民政府強制其履行兵役義務；屬於國家工作人員的，依法給予處分；構成犯罪的，依法追究刑事責任：

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）拒絕或者逃避預備役登記的；

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

（二）拒絕或者逃避軍事訓練、執行軍事勤務的；

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

（三）拒絕、逃避征召的。

(III) Refusing or evading the call-up.

第六十四條   在預備役軍官管理工作中，收受賄賂、徇私舞弊，或者玩忽職守致使預備役工作遭受嚴重損失，構成犯罪的，依法追究刑事責任；未構成犯罪的，依法給予處分。

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.

阻撓預備役軍官參加軍事訓練、執行軍事勤務，或者履行其他兵役義務的，由縣級以上地方人民政府責令限期改正；拒不改正的，對直接負責的主管人員和其他直接責任人員依法給予處分。

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 則

Chapter 11 Supplementary Provisions

第六十五條   中國人民武裝警察部隊退出現役的人員，服人民解放軍軍官預備役的，適用本法。

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.

第六十六條   本法自1996年1月1日起施行。

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