Chapter 1 General Provisions
Article 1 In order to promote the national defense and military construction, and to appropriately resettle disabled veterans in a timely manner, these provisions are formulated in accordance with the "People's Republic of China*** and the State Military Service Law", "People's Republic of China*** and the State Law on Active Duty Military Officers", "Regulations on the Military Personnel Pension and Preferential Treatments", and the relevant laws and regulations on the resettlement of discharged soldiers.
Second, these provisions shall apply to officers, civilian cadres and non-commissioned officers of middle rank or above who have been assessed as having a disability of grade one to grade six due to war or public service or who are basically incapacitated due to illness, as well as to junior non-commissioned officers, conscripts and cadet trainees of growth cadres in military academies who have been assessed as having a disability of grade one to grade six due to war, public service or illness.
Article 3: The organization and implementation of the work of retiring and resettling wounded, sick and disabled soldiers shall be the responsibility of the military affairs, cadres and barracks departments of the armed forces and of the local government's preferential resettlement agencies.
Article 4 Soldiers with disabilities who have made important contributions to the national defense and military construction shall be respected and given preferential treatment by the state and society.
The retirement and resettlement of disabled soldiers shall adhere to the policy of serving the national defense and military construction, and shall implement the principles of people-centeredness, proper resettlement, and the rightfulness of each person's place.
Chapter II: Methods of Resettlement
Article 5: Officers and civilian cadres who have become disabled as a result of war or in the line of duty, and have been assessed as having a disability of the first to the sixth degree, or who have been medically certified as basically incapacitated for work after the expiration of the period of medical treatment for their illnesses may be resettled on a retired basis.
Retirement and resettlement of disabled officers and civilian cadres shall be approved in accordance with the authority for appointment and removal of posts.
Article 6 Non-commissioned Officers who have been assessed as disabled from Grade 1 to Grade 4 due to war or duty, or who have been medically certified as basically incapable of work after the expiration of the medical treatment period due to illness may be retired and resettled.
Non-commissioned officers with disabilities shall be retired and resettled by the military affairs departments of the military district-level units for approval.
Article 7 Junior non-commissioned officers suffering from mental illness are assessed as having a disability of the first to the fourth degree, and conscripts who are disabled due to war, public service, or illness are assessed as having a disability of the first to the fourth degree, shall be supported by the state for life; and those who are assessed as having a disability of the fifth or the sixth degree shall be resettled in accordance with the relevant state regulations.
Non-commissioned officers who meet the conditions for retirement as a result of disability caused by war, public service or illness, and who voluntarily give up their retirement resettlement, may choose to be supported by the State for life.
Chapter III resettlement program
Article 8 After the approval of the retirement of wounded and sick soldiers, the following year to finalize the resettlement of the military retired cadres, non-commissioned officers resettlement plan, a separate item.
The finalization of the placement of retired soldiers with disabilities shall be carried out in accordance with the current regulations.
The validation of placement, the troops, in addition to providing disabled retired military personnel with disabilities in line with the placement of the validation of the conditions of the material should provide "military disability rating approval form" or "active officers, civilian cadres due to illness basic incapacity for work medical identification form", "non-commissioned officers due to disease basic incapacity for work medical identification form".
Article IX of the injury and illness of retired military personnel transferred to the government resettlement work, into the annual military retired cadres resettlement of the unified organization and implementation of the work.
Article 10 The annual resettlement plan for conscripts whose disabilities are assessed as grade one to grade four disability due to war, public service, or illness, and for junior non-commissioned officers and conscripts whose disabilities are assessed as grade one to grade six disability due to mental illness, shall be compiled by the General Staff Department and the relevant departments of the Ministry of Civil Affairs **** together and issued separately.
The annual resettlement plan for cadre trainees growing in military colleges and universities that meet the above conditions shall be summarized by the General Political Department and included in the annual resettlement plan for soldiers with disabilities. The handover is carried out by the cadre department in conjunction with the preferential resettlement organizations.
Article 11 disabled soldiers retired and handed over to the government for resettlement, in accordance with the relevant provisions of the State for the transfer of the disability pension relationship, by the people's governments at the county level of the civil affairs departments in accordance with the prescribed standards for disability pensions.
Chapter IV Resettlement Subsidies
Article 12 When a disabled veteran is transferred to the government for resettlement, a one-time resettlement subsidy shall be paid by the military in accordance with his disability. Specific subsidy standards and methods shall be separately stipulated by the Military Affairs Department of the General Staff Department, the Cadre Department of the General Political Department, and the Finance Department of the General Logistics Department.
Article 13: The central government shall provide appropriate subsidies to hospitals receiving veterans with disabilities of the first to the fourth degree and suffering from severe mental illness, for the purpose of increasing the number of beds, medical equipment, and housing maintenance and other expenditures.
Chapter V: Housing Security
Article 14: Housing security for retired servicemen with disabilities and serious illnesses shall be included in the housing security plan for retired military cadres, and priority shall be given to the implementation of resettlement housing by means of purchasing economically affordable housing or self-care housing.
Article 15 The basic housing allowance for retired military personnel with injuries or illnesses is less than 100,000 yuan, calculated on the basis of 100,000 yuan. If the amount of their basic housing allowance is higher than 100,000 yuan, they shall be paid according to the actual amount of their individual housing allowance. If the place of settlement is in a high-priced area, the area housing allowance shall be granted in accordance with the military regulations.
Article XVI of the injured, sick and retired military personnel with disabilities housing subsidies funded by the central government in accordance with the annual resettlement plan included in the annual military personnel housing subsidies budget unified arrangements. The housing subsidies shall be realized in accordance with the relevant provisions.
Article XVII of the decentralized support of the first to fourth-degree disability of retired junior non-commissioned officers and conscripts of the purchase (construction) of housing funds to ensure that the standard, in accordance with the resettlement of the county (city) the price of economically affordable housing (there is no economically affordable housing in accordance with the price of ordinary housing) and 60 square meters of floor area to determine the central government in accordance with the prescribed standards of subsidies, the shortfall in the local finances to be resolved. Among them, junior non-commissioned officers in accordance with the relevant provisions of the housing subsidies, housing subsidies and the central financial subsidies and less than the purchase (construction) of housing funds standard, by the local financial standards for the purchase (construction) of housing to make up.
Chapter VI Medical Protection
Article 18 The medical protection of retired military personnel suffering from injury, illness or disability who have been transferred to the government for resettlement shall be comparable to that of retired civil servants of state organs who have been resettled in the place of resettlement who are participating in the basic medical insurance and the implementation of the civil service medical subsidy, and enjoying the medical treatment of retired civil servants of the same rank. If the individual's out-of-pocket medical expenses within the scope of the regulations are high, the resettlement management unit shall provide appropriate subsidies. Retired military personnel with disabilities ranging from grade 1 to grade 6 shall be given medical assistance by the civil affairs department of the place where they are resettled, in accordance with the relevant provisions of the State.
Article 19 The medical protection of junior non-commissioned officers and conscripts with disabilities from the first to the sixth grade shall be carried out in accordance with the relevant national measures for the medical protection of disabled soldiers.
Article 20 The financial departments at all levels shall increase funding for the medical care of disabled veterans, and in the allocation of funds to areas with heavy reception and resettlement tasks and financial difficulties.
Chapter VII Accountability
Article 21 The relevant departments of the military shall strictly abide by the relevant laws, regulations and policies of the state and the army, and do a good job in the work of retiring and resettling disabled soldiers.
Article 22 In the disabled soldiers retirement resettlement work in one of the following circumstances, the relevant responsible person according to party discipline, political discipline to give sanctions; constitute a crime shall be investigated for criminal responsibility:
(a) violation of the provisions of the military personnel do not meet the conditions for disabled retirement procedures;
(b) failure to comply with the annual resettlement plan to realize timely housing subsidies, implement housing, or failing to issue the relevant funds in accordance with the prescribed standards;
(3) refusing to validate the resettlement destination or handover with unjustified reasons, affecting the completion of the annual resettlement tasks;
(4) failing to perform their duties in the handover work or charging for the funds outside the prescribed standards, which affects the handover work;
(5) failing to implement the relevant living and medical treatment of disabled and ill servicemen.
The second part of the report is the following
Article 23 If a wounded, sick or disabled veteran refuses to validate his placement or go through the handover procedures without justifiable reasons, the management unit shall study and submit the report to the unit at or above the military level for approval, and shall stop the annual regular increase of retirement fees, stop the payment of retirement living allowances and regional allowances, and abolish the resettlement subsidies.
Chapter VIII Supplementary Provisions
Article 24 The evaluation of military personnel's disability rating shall be carried out in accordance with the Measures for the Administration of Military Personnel's Disability Rating issued by a Ministry of the General Staff, the General Department of Political Affairs, and the Ministry of General Logistics ([2005] Houzhi No. 2).
Medical appraisal of the basic incapacity of military personnel to work due to illness is carried out in accordance with the Measures for the Medical Appraisal of the Basic Inability of Military Personnel to Work Due to Illness (Houfa [200817] No. 2) issued by a Ministry of the General Staff, the General Political Department, and the General Logistics Department.
Article 25 These provisions shall apply to the Chinese People's Armed Police Force.
Article 26 These provisions shall come into force on the date of their issuance.
Cadre Department of the General Political Department
July 15, 2009