Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly
"Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly in the People's Republic of China" was adopted by the Standing Committee of the Eighth National People's Congress (NPC) at the 21st meeting of the Standing Committee of the Eighth National People's Congress (NPC) on August 29, 1996; amended by the Decision on Decision on Amending Some Laws" on August 27, 2009; amended at the 30th meeting of the Standing Committee of the 11th National People's Congress on December 28, 2012; and promulgated by Decree No. 72 of the President of the People's Republic of China on December 28, 2012. The Law on the Protection of the Rights and Interests of the Elderly is divided into 9 chapters and 85 articles, including the General Provisions, Family Alimony and Support, Social Security, Social Services, Social Preferences, Livable Environment, Participation in Social Development, Legal Liability, and Supplementary Provisions, and family members living apart from the elderly shall visit or greet the elderly on a regular basis (frequent visits home). Not often visit the elderly will be illegal, since July 1, 2013 shall come into force.
Chapter 1
Article 1 In order to protect the legitimate rights and interests of the elderly, the development of the cause of the elderly, and promote the Chinese nation's respect for the elderly, old-age care, and to help the elderly virtue, in accordance with the Constitution, the enactment of this law. [4]
Article 2 The elderly referred to in this Law are citizens over sixty years of age.
Article 3 The State guarantees the rights and interests of the elderly in accordance with the law.
Elderly people have the right to material assistance from the State and society, the right to enjoy social services and social preferences, and the right to participate in the development of society and *** enjoy the fruits of development.
Discrimination, insult, abuse or abandonment of the elderly is prohibited.
Article 4 Actively responding to the aging of the population is a long-term strategic task of the State.
The State and society shall take measures to improve the systems for safeguarding the rights and interests of the elderly, and gradually improve the conditions for safeguarding their lives, health, safety and participation in the development of society, so as to realize a sense of nourishment, medical care, worthiness, education and happiness for the elderly.
Article 5 The State establishes a multi-level social security system and gradually raises the level of protection for the elderly.
The State establishes and improves a social service system for the elderly that is home-based, community-based, and supported by institutions.
Advocating preferential treatment of the elderly by society as a whole.
Article 6 The people's governments at all levels shall incorporate the cause of the elderly into their national economic and social development plans, include funds for the cause of the elderly in their fiscal budgets, establish a stable mechanism for securing funds, and encourage input from all sectors of society, so as to enable the cause of the elderly to develop in harmony with the economy and society.
The State Council formulates national development plans for the cause of the elderly. Local people's governments at or above the county level, in accordance with the national development plan for the cause of aging, formulate development plans and annual plans for the cause of aging in their administrative regions.
Institutions responsible for the work of the elderly in the people's governments at or above the county level are responsible for organizing, coordinating, guiding, and supervising the relevant departments to do a good job of safeguarding the rights and interests of the elderly.
Article 7 Protection of the lawful rights and interests of the elderly is the ****same responsibility of the whole society.
State organs, social organizations, enterprises and institutions and other organizations shall, in accordance with their respective responsibilities, do a good job of safeguarding the rights and interests of the elderly.
Level-level mass self-governing organizations and organizations of the elderly established by law shall reflect the requirements of the elderly, safeguard their legitimate rights and interests, and serve them.
The promotion and encouragement of voluntary services for the elderly.
Article 8 The State shall conduct education on the national situation of population ageing and enhance the awareness of society as a whole of the need to respond positively to population ageing.
Society as a whole shall widely carry out publicity and educational activities to respect, care for and assist the elderly, and establish a social culture of respect, care and assistance for the elderly.
Youth organizations, schools and kindergartens should educate young people and children on the morality of respecting, caring for and helping the elderly, and on the legal system for safeguarding the legitimate rights and interests of the elderly.
Radio, cinema, television, newspapers and periodicals, and the Internet shall reflect the lives of the elderly, carry out publicity on safeguarding the lawful rights and interests of the elderly, and provide services for the elderly.
Article 9 The State supports scientific research on ageing and establishes a system of statistical surveys and releases on the situation of the elderly.
Article 10 The people's governments at all levels and the relevant departments shall, in accordance with the relevant provisions of the State, give commendation or rewards to organizations, families or individuals that have made remarkable achievements in safeguarding the lawful rights and interests of the elderly and in respecting, caring for, and assisting the elderly, as well as to those who have made outstanding contributions to the participation of the elderly in the development of society.
Article 11 The elderly shall abide by the law and fulfill their obligations under the law.
Article 12 Every year, the ninth day of the ninth month of the lunar calendar shall be celebrated as the Festival of the Elderly. [1]
Chapter II
Article 13 Old-age care for the elderly is based on the home, and family members shall respect, care for and look after the elderly.
Article 14 Maintainers shall fulfill their obligations to provide for the elderly financially, care for them in their daily lives and comfort them spiritually, and take care of their special needs.
Breadwinners are the children of the elderly and others who are legally obligated to support them.
The spouse of the supporter shall assist the supporter in fulfilling his or her obligation of support.
Article 15: The breadwinner shall enable an elderly person who is ill to receive timely treatment and care; for elderly persons who are in financial difficulty, medical expenses shall be provided.
The breadwinner shall assume responsibility for the care of an elderly person who is unable to take care of himself; if he is unable to do so himself, he may, at the will of the elderly person, entrust the care to another person or to an institution.
Article 16: The breadwinner shall make proper arrangements for the housing of the elderly, and shall not force them to live in or to move to housing that is in poor condition.
Owned or leased housing for the elderly shall not be appropriated by children or other relatives, nor shall the ownership or leasing relationship be changed without authorization.
Supporters of the elderly are obliged to maintain their own housing.
Article 17: The breadwinner shall be obliged to cultivate or entrust others to cultivate the fields contracted by the elderly, and to take care of or entrust others to take care of the forests and livestock of the elderly, with the proceeds going to the elderly.
Article 18 Family members shall care for the spiritual needs of the elderly, and shall not neglect or cold-shoulder them.
Family members who live apart from the elderly shall frequently visit or greet them.
Employers shall, in accordance with the relevant provisions of the State, guarantee the right of the breadwinner to family visits and vacations.
Article 19: An alimony provider may not refuse to fulfill his or her alimony obligations on the ground that he or she has renounced his or her right to inheritance or on any other grounds.
When an alimony provider fails to fulfill his or her alimony obligations, an elderly person has the right to demand that the provider pay alimony.
The alimony provider may not require the older person to perform labor that is beyond his or her ability.
Article 20 With the consent of the older person, an agreement may be concluded between alimony providers on the fulfillment of alimony obligations. The contents of an alimony agreement may not violate the provisions of the law or the wishes of the older person.
Groups of grass-roots self-governance organizations, organizations of the elderly, or the unit in which the breadwinner resides shall supervise the performance of the agreement.
Article 21 The freedom of marriage of the elderly is protected by law. Children or other relatives may not interfere with the divorce or remarriage of an elderly person or with his or her life after marriage.
The alimony obligations of an alimony provider shall not be eliminated by a change in the marital relationship of an elderly person.
Article 22 Older persons have the right to possess, use, gain and dispose of their personal property in accordance with the law, and their children or other relatives may not interfere with, or infringe upon, the property rights and interests of older persons by stealing, defrauding, or forcibly soliciting them.
Elderly people have the right to inherit from their parents, spouses, children or other relatives in accordance with the law, and the right to receive gifts. Children or other relatives may not usurp, seize, transfer, conceal or destroy property that should be inherited or gifted by the elderly.
Elderly persons who dispose of their property by will shall, in accordance with the law, reserve the necessary share for their elderly spouses.
Article 23 Older persons and their spouses have the obligation to support each other.
Brothers and sisters who are supported by their elder brothers or sisters shall have the obligation to support their elder brothers or sisters who have no breadwinner in their old age, if they are able to do so after they have reached the age of majority.
Article 24 If a breadwinner or fosterer fails to perform his duty of alimony or support, the grass-roots mass self-governance organization, the organization for the elderly, or the unit to which the breadwinner or fosterer belongs shall urge him to do so.
Article 25 prohibits domestic violence against the elderly.
Article 26: Older persons who are fully capable of civil conduct may consult with their close relatives or other individuals or organizations who are close to them and who are willing to assume the responsibility of guardianship to determine their own guardians. The guardian shall assume the responsibility of guardianship in accordance with the law in the event that the older person loses or partially loses his or her capacity for civil behavior.
If an elderly person does not have a guardian identified in advance, he or she shall have a guardian identified in accordance with the provisions of the relevant laws in the event that he or she loses his or her capacity for civil conduct or becomes partially incapacitated.
Article 27 The State establishes and improves family support policies for the elderly, encourages family members to live with the elderly **** or in close proximity to them, provides conditions for the elderly to move with their spouses or breadwinners, and helps family members to care for the elderly. [1]
Chapter III
Article 28 The State guarantees the basic livelihood of the elderly through the basic pension insurance system.
Article 29 The State guarantees the basic medical needs of the elderly through the basic medical insurance system. The Government shall subsidize the individual contributions required for participation in the new type of rural cooperative medical care and basic medical insurance for urban residents by elderly persons enjoying the minimum subsistence guarantee and by eligible elderly persons from low-income families.
The relevant departments shall take care of the elderly in formulating medical insurance schemes.
Article 30 The State gradually carries out work on long-term care protection, and guarantees the care needs of the elderly.
Local people's governments at all levels shall subsidize the care of elderly persons who are unable to take care of themselves for a long period of time, and who are in financial difficulty, in accordance with the degree of their incapacity and other circumstances.
Article 31 The State shall provide basic living, medical, residential or other assistance to the elderly in financial difficulty.
If an elderly person is unable to work, has no source of livelihood, or has no breadwinner or supporter, or if his or her breadwinner or supporter really has no ability to provide for him or her, the local people's governments at all levels shall provide him or her with support or assistance in accordance with the relevant provisions.
The local people's governments at all levels shall, in accordance with the relevant provisions, provide assistance to elderly persons who have no means of subsistence, such as those who are wandering and begging, or those who have been abandoned.
Article 32 Local people's governments at all levels shall give priority to eligible elderly people in the implementation of low-cost housing, public **** rental housing, and other housing security system, or in the renovation of old and dilapidated housing.
Article 33 The State establishes and improves the welfare system for the elderly, and increases the social welfare for the elderly in accordance with the level of economic and social development and the actual needs of the elderly.
The State encourages localities to establish an old-age allowance system for low-income older persons over the age of eighty.
The State establishes and improves a system of support for the elderly from family planning families.
Rural areas may use part of collectively owned land, mountains, forests, water surfaces and mudflats that have not been contracted out as retirement bases, with the proceeds going to the elderly for their old age.
Article 34 The old-age pension, medical treatment and other entitlements to which the elderly are entitled in accordance with the law shall be safeguarded, and must be paid in full and on time by the relevant organizations, and may not be withheld, defaulted upon or misappropriated.
The State shall raise the level of old-age security in due course in the light of economic development, as well as the growth of the average wage of employees and the rise in prices.
Article 35 The State encourages charitable organizations and other organizations and individuals to provide material assistance to the elderly.
Article 36 Elderly persons may conclude bequest and support agreements or other support agreements with collective economic organizations, grass-roots mass self-governance organizations, nursing institutions and other organizations or individuals.
The organization or individual with the obligation to support the elderly person shall, in accordance with the agreement on bequests of support, assume the obligation to provide for the elderly person's life, upbringing, death and burial, and shall enjoy the right to receive bequests. [1]
Chapter IV
Article 37 Local people's governments at all levels and the relevant departments shall take measures to develop urban and rural community-based services for the elderly, and to encourage and support professional service institutions and other organizations and individuals to provide the elderly who live at home with a variety of services in the form of life care, emergency relief, medical care, spiritual comfort, and psychological counseling.
Local people's governments at all levels shall gradually subsidize elderly care services for the elderly who are in financial difficulty.
Article 38 Local people's governments at all levels and relevant departments and grass-roots mass self-governance organizations shall incorporate elderly care service facilities into the construction planning of urban and rural community support facilities, and establish service facilities and outlets adapted to the needs of the elderly, such as living services, cultural and sports activities, day care, and disease care and rehabilitation, so as to provide services for the elderly in their vicinity.
Promoting the tradition of mutual assistance among neighbors, and advocating that neighbors care for and help elderly people in difficulty.
Encouraging charitable organizations and volunteers to serve the elderly. Advocating mutual aid services for the elderly.
Article 39 The people's governments at all levels shall, in accordance with the level of economic development and the demand for services for the elderly, gradually increase their investment in elderly services.
The people's governments at all levels and the relevant departments in the financial, tax, land, financing and other measures to encourage and support enterprises and institutions, social organizations or individuals to set up and operate facilities for the elderly, day care for the elderly, and cultural and sports activities for the elderly.
Article 40 Local people's governments at all levels and relevant departments shall, in accordance with the proportion and distribution of the elderly population, incorporate the construction of elderly service facilities into urban and rural planning and overall land use planning, and make overall arrangements for the construction of elderly service facilities in terms of land and the materials required.
Non-profit elderly service facilities land, can be used in accordance with the law, state-owned land allocation or farmers collectively owned land.
Land for senior care service facilities may not be changed in use except through legal procedures.
Article 41 The government-invested elderly care facilities shall give priority to the service needs of widows and orphans, the disabled, and the elderly in financial difficulties.
Article 42 The relevant departments of the State Council shall formulate standards for the construction of elderly service facilities, the quality of elderly services and the careers of elderly services, and shall establish and improve a system for the classification and management of elderly institutions and the evaluation of elderly services.
People's governments at all levels shall regulate the items and standards of fees for elderly services and strengthen supervision and management.
Article 43 The establishment of an elderly care institution shall comply with the following conditions:
Having its own name, domicile and constitution;
Having funds appropriate to the content and scale of its services;
Having managerial personnel, professional and technical personnel, and service personnel who meet the relevant qualification conditions;
Having basic living rooms, facilities and equipment, and activity venues ;
other conditions stipulated by laws and regulations.
Article 44 The establishment of an elderly care institution shall apply to the civil affairs department of the people's government at or above the county level for an administrative license; if so licensed, it shall apply for the corresponding registration in accordance with the law.
The civil affairs departments of the people's governments at or above the county level shall be responsible for the guidance, supervision and management of the institutions, and other relevant departments shall supervise the institutions in accordance with the division of responsibilities.
Article 45 of the nursing institutions to change or terminate, should be properly housed in the elderly, and in accordance with the provisions of the relevant departments for formalities. The relevant departments shall provide assistance to the elderly institutions for the proper placement of the elderly.
Article 46 The State establishes and improves the system for training, using, evaluating and motivating personnel for elderly services, regulates the employment of workers in accordance with the law, promotes a reasonable increase in the remuneration of workers, and develops an elderly service team that combines full-time, part-time and volunteer workers.
The State encourages colleges and universities, secondary vocational schools and vocational training institutions to set up relevant majors or training programs to cultivate elderly service professionals.
Article 47 Nursing institutions shall sign a service agreement with the elderly receiving services or their agents, specifying the rights and obligations of both parties.
Nursing institutions and their staff shall not infringe upon the rights and interests of the elderly in any way.
Article 48 The State encourages senior care institutions to take out liability insurance and encourages insurance companies to underwrite liability insurance.
Article 49 The people's governments at all levels and the relevant departments shall incorporate medical and health services for the elderly into the planning of urban and rural medical and health services, and incorporate the management of the health of the elderly and the prevention of common diseases into the national basic public **** health service programs. Encourage the provision of health care, nursing care, hospice care and other services for the elderly.
The State encourages medical institutions to open specialties or outpatient clinics for geriatric diseases.
Medical and health-care institutions shall carry out health services and disease prevention and treatment for the elderly.
Article 50 The State shall take measures to strengthen research and personnel training in geriatrics, to raise the level of prevention, treatment and scientific research in geriatrics, and to promote the early detection, diagnosis and treatment of geriatrics.
The State and society shall take measures to carry out various forms of health education, popularize knowledge of geriatric health care, and enhance the awareness of self-care among the elderly.
Article 51 The State shall take measures to develop the aging industry, and include the aging industry in the catalog of industries supported by the State. It supports and guides enterprises in the development, production and operation of articles adapted to the needs of the elderly and the provision of related services. [1]
Chapter V
Article 52 The people's governments at or above the county level and their relevant departments shall, in the light of economic and social development and the special needs of the elderly, formulate measures for giving preferential treatment to the elderly, and gradually raise the level of preferential treatment.
The same preferential treatment shall be given to elderly persons from foreign countries who are permanently residing in the administrative region.
Article 53 The people's governments at all levels and the relevant departments shall provide conditions for the elderly to receive their pensions, settle their medical bills and enjoy other material assistance in a timely and convenient manner.
Article 54 When people's governments at all levels and relevant departments handle major matters involving the rights and interests of the elderly, such as changes in the ownership of houses and the relocation of household registration, they shall inquire as to whether the matters being handled are the true expression of the elderly's true intentions, and give priority to them in accordance with the law.
Article 55 Where an elderly person has difficulty in paying the legal fees for a lawsuit arising from an infringement of his or her lawful rights and interests, he or she may be given a reprieve, reduction or exemption; where he or she needs the help of a lawyer but is unable to pay the lawyer's fees, he or she may be given legal aid.
Encouraging law firms, notaries public, grass-roots legal service offices and other legal service organizations to provide free or preferential services to older persons with financial difficulties.
Article 56: Medical institutions shall facilitate medical treatment for the elderly and give them priority. Where possible, they may set up family beds for the elderly, and carry out traveling medical treatment, nursing care, rehabilitation, and free physical examinations.
The promotion of free medical care for the elderly.
Article 57 promotes the provision of priority and preferential services for the elderly by service industries that are closely related to their daily lives.
City public ****transportation, highways, railroads, waterways and air passenger transportation shall provide preferential treatment and care for the elderly.
Article 58 Museums, art museums, science and technology museums, memorials, public **** libraries, cultural centers, theaters, stadiums, parks, tourist attractions and other places shall be open to the elderly free of charge or at a discount.
Article 59 The elderly in rural areas shall not be obliged to raise funds for public welfare undertakings. [1]
Chapter 6
Article 60 The State shall take measures to promote the construction of livable environments and to provide safe, convenient and comfortable environments for the elderly.
Article 61 In formulating urban and rural planning, the people's governments at all levels shall, in accordance with the trend of development of the aging population, the distribution of the elderly population and the characteristics of the elderly, give integrated consideration to the construction of public *** infrastructure, living service facilities, medical and health care facilities, and cultural and sports facilities suitable for the elderly.
Article 62 The State shall formulate and improve a system of engineering and construction standards for projects involving the elderly, and shall strengthen the implementation and supervision of the relevant standards in planning, design, construction, supervision, acceptance, operation, maintenance and management.
Article 63 The State shall formulate engineering construction standards for barrier-free facilities. New construction, alteration and expansion of roads, public ****transportation facilities, buildings, residential areas, etc., shall comply with national engineering construction standards for barrier-free facilities.
People's governments at all levels and relevant departments shall, in accordance with the national engineering and construction standards for barrier-free facilities, prioritize the promotion of the renovation of public ****service facilities that are closely related to the daily lives of the elderly.
Owners and administrators of barrier-free facilities shall guarantee the normal use of barrier-free facilities.
Article 64 The State promotes the construction of livable communities for the elderly, guides and supports the development of livable residences for the elderly, promotes and supports the renovation of barrier-free facilities in the homes of the elderly, and creates a barrier-free living environment for the elderly. [1]
Chapter VII
Article 65 The State and society shall value and cherish the knowledge, skills, experience and good character of the elderly, give full play to their expertise and roles, and guarantee their participation in economic, political, cultural and social life.
Article 66 Older persons may, through organizations of older persons, carry out activities beneficial to their physical and mental health.
Article 67 The views of the elderly and their organizations shall be heard in the formulation of laws, regulations, rules and public ****policies concerning major issues relating to the rights and interests of the elderly.
Elderly people and organizations of elderly people have the right to put forward to State organs opinions and suggestions on the protection of the rights and interests of the elderly and the development of the cause of the elderly.
Article 68 The State creates conditions for the participation of the elderly in social development. In accordance with the needs and possibilities of society, the elderly are encouraged, on a voluntary basis and within their means, to engage in the following activities:
Educating young people and children in the fine traditions of socialism, patriotism, collectivism, and hard work;
Teaching cultural and scientific and technological knowledge;
Providing advisory services;
Participating in the development and application of science and technology according to law;
Engaging in business and production according to law.
Engaging in business and production activities in accordance with the law;
Participating in volunteer services and organizing social welfare undertakings;
Participating in the maintenance of social security and assisting in the mediation of civil disputes;
Participating in other social activities.
Article 69: The lawful income of the elderly from labor is protected by law.
No unit or individual may arrange for the elderly to engage in labor or dangerous work that endangers their physical or mental health.
Article 70 Older persons have the right to continue their education.
The State develops education for the elderly, incorporates education for the elderly into the system of lifelong education, and encourages society to set up various kinds of schools for the elderly.
People's governments at all levels shall strengthen leadership, unify planning, and increase investment in education for the elderly.
Seventy-one The State and society take measures to carry out mass cultural, sports and recreational activities suitable for the elderly and to enrich their spiritual and cultural life. [1]
Chapter VIII
Article 72 Where the lawful rights and interests of an elderly person are infringed upon, the person who is infringed upon or his or her representative shall have the right to demand that the relevant authorities deal with the matter or to bring an action in a people's court in accordance with law.
People's courts and the relevant departments shall, in accordance with the law, promptly accept complaints, charges and denunciations of infringements of the lawful rights and interests of the elderly, without shirking their responsibilities or delay.
Article 73 A department or organization that fails to perform its duty to protect the lawful rights and interests of the elderly shall be criticized and educated by its higher authorities and ordered to make corrections.
State officials who violate the law and neglect their duties, resulting in damage to the lawful rights and interests of the elderly, shall be ordered to make corrections by their units or higher authorities, or shall be punished in accordance with the law; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.
Article 74 Disputes between an elderly person and a family member over alimony, support or housing or property may be mediated by a people's mediation committee or other relevant organization, or a lawsuit may be brought directly to the people's court.
When mediating disputes under the preceding paragraph, people's mediation committees or other relevant organizations shall resolve conflicts and disputes through persuasion and guidance; family members who are at fault shall be given criticism and education.
The people's courts may, in accordance with the law, rule that an application by an elderly person for the recovery of alimony or support payments shall be enforced first.
Article 75: Anyone who interferes with the freedom of marriage of an elderly person, refuses to maintain or support an elderly person who is under an obligation to do so, abuses an elderly person, or commits domestic violence against an elderly person, shall be given criticism and education by the unit concerned; if the act constitutes a violation of the management of public order, he shall be given a punishment for the management of public order in accordance with the law; and if the act constitutes a crime, he shall be held criminally liable in accordance with the law.
Article 76: Family members who steal, defraud, snatch, misappropriate, extort, or intentionally damage the property of an elderly person, constituting a violation of public security administration, shall be given public security administration penalties in accordance with the law; if a crime is constituted, they shall be held criminally liable in accordance with the law.
Article 77 Insulting or slandering an elderly person* constitutes a violation of public security administration, and shall be subject to public security administration penalties in accordance with the law; if it constitutes a crime, criminal responsibility shall be investigated in accordance with the law.
Article 78 If an institution is established without authorization, the civil affairs department of the people's government at or above the county level shall order it to make corrections; if it conforms to the conditions of the institution as prescribed by laws and regulations, it shall, in accordance with the law, make up the relevant formalities; if it fails to meet the legal conditions after the expiration of the time limit, it shall order it to be discontinued and to properly resettle the old people who are admitted to it; and if it causes any damages, it shall bear the civil responsibility according to law.
Article 79: If an elderly care institution and its staff infringe upon the personal and property rights and interests of the elderly, or fail to provide services in accordance with the agreement, they shall be held civilly liable in accordance with the law; the competent authorities concerned shall impose administrative penalties in accordance with the law; and if a crime is committed, they shall be held criminally liable in accordance with the law.
Article 80 If the departments responsible for the management and supervision of elderly institutions and their staff abuse their powers, neglect their duties, or engage in malpractice for personal gain, the competent persons directly responsible and other persons directly responsible shall be given penalties in accordance with the law; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.
Article 81 If a person fails to fulfill his obligation to give preferential treatment to the elderly in accordance with the provisions of the law, he shall be ordered by the competent department concerned to make corrections.
Article 82 Where works involving the elderly do not conform to the standards prescribed by the State or where the owner or manager of barrier-free facilities fails to fulfill his duties of maintenance and management, the competent authorities concerned shall order rectification; where damage is caused, civil liability shall be borne in accordance with the law; administrative penalties shall be imposed on the units and individuals concerned in accordance with the law; and where a crime is constituted, criminal liability shall be pursued in accordance with the law. [1]
Chapter IX
Article 83 The people's congresses of national autonomous areas may, in accordance with the principles of this Law and taking into account the specific circumstances of local national customs and habits, formulate alternative or supplementary provisions in accordance with legal procedures.
Article 84 Where an elderly care institution established before the implementation of this Law does not meet the conditions prescribed in this Law, it shall be rectified within a certain period of time. Specific measures shall be formulated by the civil affairs department of the State Council.
Article 85 This Law shall come into force on July 1, 2013 .