KYB CHINA(2004年8月1日中华人民共和国国务院、中华人民共和国中央军事委员会令第413号公布 根据2011年7月29日《国务院、中央军事委员会关于修改〈军人抚恤优待条例〉的决定》第一次修订 根据2019年3月2日《国务院关于修改部分行政法规的决定》第二次修订 2024年8月5日中华人民共和国国务院、中华人民共和国中央军事委员会令第788号第三次修订)
Promulgated by Decree No. 413 of the State Council of the People's Republic of China and the Central Military Commission of the People's Republic of China on August 1, 2004; first revision in accordance with the Decision of the State Council and the Central Military Commission on Amending the Regulations on Pension and Preferential Treatment for Servicemen on July 29, 2011; second revision in accordance with the Decision of the State Council on Amending Certain Administrative Regulations on March 2, 2019; third revision by Decree No. 788 of the State Council of the People's Republic of China and the Central Military Commission of the People's Republic of China on August 5, 2024.
总 则
General Provisions
为了保障国家对军人的抚恤优待，激励军人保卫祖国、建设祖国的献身精神，加强国防和军队现代化建设，让军人成为全社会尊崇的职业，根据《中华人民共和国国防法》、《中华人民共和国兵役法》、《中华人民共和国军人地位和权益保障法》、《中华人民共和国退役军人保障法》等有关法律，制定本条例。
These Regulations are formulated in accordance with the Law of the People's Republic of China on National Defense, the Law of the People's Republic of China on Military Service, the Law of the People's Republic of China on the Status and Rights of Servicemen, the Law of the People's Republic of China on the Protection of Veterans, and other relevant laws, for the purpose of ensuring the state's pension and preferential treatment for servicemen, inspiring the spirit of dedication of servicemen to defend and build the motherland, strengthening the modernization of national defense and the armed forces, and making the military a profession respected by the whole society.
本条例所称抚恤优待对象包括：
The term "pension and preferential treatment recipients" as used in these Regulations includes:
(一)军人；
(1) Servicemen;
(二)服现役和退出现役的残疾军人；
(2) Disabled servicemen on active service and those who have been discharged from active service;
(三)烈士遗属、因公牺牲军人遗属、病故军人遗属；
(3) Surviving family members of martyrs, surviving family members of servicemen who died in the line of duty, and surviving family members of servicemen who died of illness;
(四)军人家属；
(4) Family members of servicemen;
(五)退役军人。
(5) Veterans.
军人抚恤优待工作坚持中国共产党的领导。
The work of pension and preferential treatment for servicemen shall adhere to the leadership of the Communist Party of China.
军人抚恤优待工作应当践行社会主义核心价值观，贯彻待遇与贡献匹配、精神与物质并重、关爱与服务结合的原则，分类保障，突出重点，逐步推进抚恤优待制度城乡统筹，健全抚恤优待标准动态调整机制，确保抚恤优待保障水平与经济社会发展水平、国防和军队建设需要相适应。
The work of pension and preferential treatment for servicemen shall practice socialist core values, implement the principles of matching benefits with contributions, balancing spiritual and material aspects, and integrating care with services, provide classified guarantees, highlight key points, gradually promote the urban-rural integration of the pension and preferential treatment system, improve the dynamic adjustment mechanism of pension and preferential treatment standards, and ensure that the level of pension and preferential treatment protection is compatible with the level of economic and social development and the needs of national defense and military construction.
国家保障抚恤优待对象享受社会保障和基本公共服务等公民普惠待遇，同时享受相应的抚恤优待待遇。
The state guarantees that recipients of pension and preferential treatment enjoy universal benefits such as social security and basic public services, and at the same time enjoy corresponding pension and preferential treatment benefits.
在审核抚恤优待对象是否符合享受相应社会保障和基本公共服务等条件时，抚恤金、补助金和优待金不计入抚恤优待对象个人和家庭收入。
When reviewing whether recipients of pension and preferential treatment meet the conditions for enjoying corresponding social security and basic public services, pensions, subsidies, and preferential allowances shall not be counted as personal or family income of the recipients.
国务院退役军人工作主管部门负责全国的军人抚恤优待工作；县级以上地方人民政府退役军人工作主管部门负责本行政区域内的军人抚恤优待工作。
The competent department of veterans' affairs of the State Council is responsible for the national pension and preferential treatment for servicemen; the competent departments of veterans' affairs of local people's governments at or above the county level are responsible for the pension and preferential treatment for servicemen within their respective administrative regions.
中央和国家有关机关、中央军事委员会有关部门、地方各级有关机关应当在各自职责范围内做好军人抚恤优待工作。
Relevant central and state organs, relevant departments of the Central Military Commission, and relevant local organs at all levels shall perform their duties in the work of pension and preferential treatment for servicemen within their respective responsibilities.
按照中央与地方财政事权和支出责任划分原则，军人抚恤优待所需经费主要由中央财政负担，适度加大省级财政投入力度，减轻基层财政压力。
In accordance with the principle of division of financial powers and expenditure responsibilities between the central and local governments, the funds required for pension and preferential treatment for servicemen shall mainly be borne by the central finance, with appropriate increases in provincial financial input to alleviate the financial pressure on grassroots governments.
县级以上地方人民政府应当对军人抚恤优待工作经费予以保障。
Local people's governments at or above the county level shall guarantee the work funds for pension and preferential treatment for servicemen.
中央和地方财政安排的军人抚恤优待所需经费和工作经费，实施全过程预算绩效管理，并接受财政、审计部门的监督。
The funds required for pension and preferential treatment for servicemen and work funds arranged by the central and local finances shall undergo full-process budget performance management and be subject to supervision by financial and audit departments.
国家鼓励和引导群团组织、企业事业单位、社会组织、个人等社会力量依法通过捐赠、设立基金、志愿服务等方式为军人抚恤优待工作提供支持和帮助。
The state encourages and guides social forces such as mass organizations, enterprises and institutions, social organizations, and individuals to provide support and assistance for the work of pension and preferential treatment for servicemen through donations, fund establishment, volunteer services, and other means in accordance with the law.
全社会应当关怀、尊重抚恤优待对象，开展各种形式的拥军优属活动，营造爱国拥军、尊崇军人浓厚氛围。
The whole society shall care for and respect the recipients of pension and preferential treatment, carry out various forms of activities to support the military and give priority to their families, and create a strong atmosphere of patriotism and military support, and respect for servicemen.
国家推进军人抚恤优待工作信息化，加强抚恤优待对象综合信息平台建设，加强部门协同配合、信息共享，实现对抚恤优待对象的精准识别，提升军人抚恤优待工作服务能力和水平。
The state promotes the informatization of military pension and preferential treatment work, strengthens the construction of a comprehensive information platform for recipients of pension and preferential treatment, enhances departmental coordination and information sharing, achieves accurate identification of recipients, and improves the service capability and level of military pension and preferential treatment work.
国家建立享受定期抚恤补助对象年度确认制度和冒领待遇追责机制，确保抚恤优待资金准确发放。
The state establishes an annual confirmation system for recipients of regular pension subsidies and a mechanism for holding accountable those who fraudulently receive benefits, ensuring the accurate distribution of pension and preferential treatment funds.
对在军人抚恤优待工作中做出显著成绩的单位和个人，按照国家有关规定给予表彰和奖励。
Units and individuals that have made significant achievements in military pension and preferential treatment work shall be commended and rewarded in accordance with relevant state regulations.
军人死亡抚恤
Pension for Deceased Military Personnel
烈士遗属享受烈士褒扬金、一次性抚恤金，并可以按照规定享受定期抚恤金、丧葬补助、一次性特别抚恤金等。
Survivors of martyrs shall receive a martyr commendation bonus and a one-time pension, and may also receive a regular pension, funeral subsidy, one-time special pension, etc., as prescribed.
因公牺牲军人遗属、病故军人遗属享受一次性抚恤金，并可以按照规定享受定期抚恤金、丧葬补助、一次性特别抚恤金等。
Survivors of military personnel who died in the line of duty or due to illness shall receive a one-time pension, and may also receive a regular pension, funeral subsidy, one-time special pension, etc., as prescribed.
军人牺牲，符合下列情形之一的，评定为烈士：
A military personnel who dies under any of the following circumstances shall be assessed as a martyr:
(一)对敌作战牺牲，或者对敌作战负伤在医疗终结前因伤牺牲的；
(1) Died in combat against the enemy, or died from injuries sustained in combat before the completion of medical treatment;
(二)因执行任务遭敌人或者犯罪分子杀害，或者被俘、被捕后不屈遭敌人杀害或者被折磨牺牲的；
(2) Killed by the enemy or criminals while performing a mission, or killed or tortured to death by the enemy after being captured or arrested without yielding;
(三)为抢救和保护国家财产、集体财产、公民生命财产或者执行反恐怖任务和处置突发事件牺牲的；
(3) Died while rescuing and protecting state property, collective property, or citizens' lives and property, or while performing counter-terrorism missions or handling emergencies.
(四)因执行军事演习、战备航行飞行、空降和导弹发射训练、试航试飞任务以及参加武器装备科研试验牺牲的；
(4) Those who die while executing military exercises, combat readiness navigation flights, airborne and missile launch training, trial navigation test flights, or participating in weapons and equipment scientific research experiments;
(五)在执行外交任务或者国家派遣的对外援助、维持国际和平任务中牺牲的；
(5) Those who die while performing diplomatic missions or tasks of foreign aid or maintaining international peace dispatched by the state;
(六)其他牺牲情节特别突出，堪为楷模的。
(6) Other circumstances of sacrifice that are particularly outstanding and worthy of being a model.
军人在执行对敌作战、维持国际和平、边海防执勤或者抢险救灾等任务中失踪，被宣告死亡的，按照烈士对待。
If a serviceman goes missing while performing tasks such as combat against the enemy, maintaining international peace, border and coastal defense duty, or disaster relief, and is declared dead, they shall be treated as a martyr.
评定烈士，属于因战牺牲的，由军队团级以上单位政治工作部门批准；属于非因战牺牲的，由军队军级以上单位政治工作部门批准；属于本条第一款第六项规定情形的，由中央军事委员会政治工作部批准。
For the evaluation of a martyr, if the sacrifice is due to combat, it shall be approved by the political work department at or above the regiment level of the military; if the sacrifice is not due to combat, it shall be approved by the political work department at or above the military region level; for circumstances specified in paragraph (6) of the first clause of this article, it shall be approved by the Political Work Department of the Central Military Commission.
军人死亡，符合下列情形之一的，确认为因公牺牲：
If a serviceman dies under any of the following circumstances, it shall be recognized as death in the line of duty:
(一)在执行任务中、工作岗位上或者在上下班途中，由于意外事件死亡的；
(1) Death due to an accident while performing tasks, at the workplace, or during commuting;
(二)被认定为因战、因公致残后因旧伤复发死亡的；
(2) Death due to recurrence of old injuries after being recognized as disabled due to combat or duty;
(三)因患职业病死亡的；
(3) Death due to occupational disease;
(四)在执行任务中或者在工作岗位上因病猝然死亡的；
(4) Sudden death due to illness while performing tasks or at the workplace;
(五)其他因公死亡的。
(5) Other deaths in the line of duty.
军人在执行对敌作战、维持国际和平、边海防执勤或者抢险救灾以外的其他任务中失踪，被宣告死亡的，按照因公牺牲对待。
If a serviceman goes missing while performing tasks other than combat operations, maintaining international peace, border and coastal defense, or disaster relief, and is declared dead, it shall be treated as death in the line of duty.
军人因公牺牲，由军队团级以上单位政治工作部门确认；属于本条第一款第五项规定情形的，由军队军级以上单位政治工作部门确认。
Death in the line of duty of a serviceman shall be confirmed by the political work department at or above the regiment level of the military; for circumstances specified in item (5) of the first paragraph of this Article, confirmation shall be made by the political work department at or above the military corps level.
军人除本条例第十二条第一款第三项、第四项规定情形以外，因其他疾病死亡的，确认为病故。
Except for the circumstances specified in items (3) and (4) of the first paragraph of Article 12 of these Regulations, if a serviceman dies of other diseases, it shall be confirmed as death due to illness.
军人非执行任务死亡，或者失踪被宣告死亡的，按照病故对待。
If a serviceman dies while not performing duties, or goes missing and is declared dead, it shall be treated as death due to illness.
军人病故，由军队团级以上单位政治工作部门确认。
Death due to illness of a serviceman shall be confirmed by the political work department at or above the regiment level of the military.
军人牺牲被评定为烈士、确认为因公牺牲或者病故后，由军队有关部门或者单位向烈士遗属、因公牺牲军人遗属、病故军人遗属户籍所在地县级人民政府退役军人工作主管部门发送《烈士评定通知书》、《军人因公牺牲通知书》、《军人病故通知书》和《军人因公牺牲证明书》、《军人病故证明书》。烈士证书的颁发按照《烈士褒扬条例》的规定执行，《军人因公牺牲证明书》、《军人病故证明书》由本条规定的县级人民政府退役军人工作主管部门发给因公牺牲军人遗属、病故军人遗属。
After a serviceman's sacrifice is assessed as martyr, confirmed as death in the line of duty, or death due to illness, the relevant military department or unit shall send the 'Martyr Assessment Notice', 'Notice of Death in the Line of Duty for Servicemen', 'Notice of Death Due to Illness for Servicemen', and 'Certificate of Death in the Line of Duty for Servicemen', 'Certificate of Death Due to Illness for Servicemen' to the county-level people's government department forveteran work where the survivors of the martyr, survivors of the serviceman who died in the line of duty, or survivors of the serviceman who died due to illness are registered. The issuance of martyr certificates shall be carried out in accordance with the 'Regulations on Martyr Commendation'; the 'Certificate of Death in the Line of Duty for Servicemen' and 'Certificate of Death Due to Illness for Servicemen' shall be issued by the county-level people's government department forveteran work specified in this Article to the survivors of the serviceman who died in the line of duty or due to illness.
遗属均为军人且无户籍的，军人单位所在地作为遗属户籍地。
If all survivors are servicemen and have no household registration, the location of the serviceman's unit shall be considered as the survivors' household registration location.
烈士褒扬金由领取烈士证书的烈士遗属户籍所在地县级人民政府退役军人工作主管部门，按照烈士牺牲时上一年度全国城镇居民人均可支配收入30倍的标准发给其遗属。战时，参战牺牲的烈士褒扬金标准可以适当提高。
The martyr commendation fund shall be paid by the county-level people's government department forveteran work where the survivors holding the martyr certificate are registered, at a standard of 30 times the national per capita disposable income of urban residents in the previous year at the time of the martyr's sacrifice. During wartime, the standard of the martyr commendation fund for those who died in combat may be appropriately increased.
军人死亡，根据其死亡性质和死亡时的月基本工资标准，由收到《烈士评定通知书》、《军人因公牺牲通知书》、《军人病故通知书》的县级人民政府退役军人工作主管部门，按照以下标准发给其遗属一次性抚恤金：烈士和因公牺牲的，为上一年度全国城镇居民人均可支配收入的20倍加本人40个月的基本工资；病故的，为上一年度全国城镇居民人均可支配收入的2倍加本人40个月的基本工资。月基本工资或者津贴低于少尉军官基本工资标准的，按照少尉军官基本工资标准计算。被追授军衔的，按照所追授的军衔等级以及相应待遇级别确定月基本工资标准。
Upon the death of a serviceman, based on the nature of death and the monthly basic salary at the time of death, the county-level people's government department forveteran work that receives the 'Martyr Assessment Notice', 'Notice of Death in the Line of Duty for Servicemen', or 'Notice of Death Due to Illness for Servicemen' shall pay a one-time pension to the survivors according to the following standards: for martyrs and deaths in the line of duty, 20 times the national per capita disposable income of urban residents in the previous year plus 40 months of the individual's basic salary; for deaths due to illness, 2 times the national per capita disposable income of urban residents in the previous year plus 40 months of the individual's basic salary. If the monthly basic salary or allowance is lower than the basic salary standard of a junior officer, the basic salary standard of a junior officer shall be used. If a military rank is posthumously awarded, the monthly basic salary standard shall be determined based on the awarded rank and corresponding treatment level.
服现役期间获得功勋荣誉表彰的军人被评定为烈士、确认为因公牺牲或者病故的，其遗属在应当享受的一次性抚恤金的基础上，由县级人民政府退役军人工作主管部门按照下列比例增发一次性抚恤金：
For servicemen who, during active service, have received honors and commendations and are assessed as martyrs, confirmed as dying in the line of duty, or dying of illness, their survivors shall, on the basis of the one-time pension they are entitled to, receive an additional one-time pension paid by theveteran affairs department of the county-level people's government at the following rates:
(一)获得勋章或者国家荣誉称号的，增发40%；
(1) For those awarded a medal or national honorary title, an additional 40%;
(二)获得党中央、国务院、中央军事委员会单独或者联合授予荣誉称号的，增发35%；
(2) For those awarded an honorary title individually or jointly by the Central Committee of the Communist Party of China, the State Council, or the Central Military Commission, an additional 35%;
(三)立一等战功、获得一级表彰或者获得中央军事委员会授权的单位授予荣誉称号的，增发30%；
(3) For those who have achieved first-class combat merit, received first-level commendation, or been awarded an honorary title by a unit authorized by the Central Military Commission, an additional 30%;
(四)立二等战功、一等功或者获得二级表彰并经批准的，增发25%；
(4) For those who have achieved second-class combat merit, first-class merit, or received second-level commendation and have been approved, an additional 25%;
(五)立三等战功或者二等功的，增发15%；
(5) For those who have achieved third-class combat merit or second-class merit, an additional 15%;
(六)立四等战功或者三等功的，增发5%。
(6) For those who have achieved fourth-class combat merit or third-class merit, an additional 5%.
军人死亡后被追授功勋荣誉表彰的，比照前款规定增发一次性抚恤金。
If a serviceman is posthumously awarded honors or commendations, the additional one-time pension shall be paid in accordance with the preceding paragraph.
服现役期间多次获得功勋荣誉表彰的烈士、因公牺牲军人、病故军人，其遗属由县级人民政府退役军人工作主管部门按照其中最高的增发比例，增发一次性抚恤金。
For martyrs, servicemen who died in the line of duty, or servicemen who died of illness who have received multiple honors and commendations during active service, their survivors shall be paid an additional one-time pension by theveteran affairs department of the county-level people's government at the highest additional rate among those honors.
对生前作出特殊贡献的烈士、因公牺牲军人、病故军人，除按照本条例规定发给其遗属一次性抚恤金外，军队可以按照有关规定发给其遗属一次性特别抚恤金。
For martyrs, servicemen who died in the line of duty, or servicemen who died of illness who made special contributions during their lifetime, in addition to the one-time pension paid to their survivors in accordance with these Regulations, the military may pay a special one-time pension to their survivors in accordance with relevant provisions.
烈士褒扬金发给烈士的父母(抚养人)、配偶、子女；没有父母(抚养人)、配偶、子女的，发给未满18周岁的兄弟姐妹和已满18周岁但无生活费来源且由该军人生前供养的兄弟姐妹。
The martyr commendation bonus shall be paid to the parents (foster parents), spouse, and children of the martyr; if there are no parents (foster parents), spouse, or children, it shall be paid to siblings under the age of 18 and siblings who have reached the age of 18 but have no source of livelihood and were supported by the serviceman during his lifetime.
一次性抚恤金发给烈士遗属、因公牺牲军人遗属、病故军人遗属，遗属的范围按照前款规定确定。
The one-time pension shall be paid to the survivors of martyrs, survivors of servicemen who died in the line of duty, and survivors of servicemen who died of illness. The scope of survivors shall be determined in accordance with the provisions of the preceding paragraph.
对符合下列条件的烈士遗属、因公牺牲军人遗属、病故军人遗属，由其户籍所在地县级人民政府退役军人工作主管部门依据其申请，在审核确认其符合条件当月起发给定期抚恤金：
For survivors of martyrs, survivors of servicemen who died in the line of duty, and survivors of servicemen who died of illness who meet the following conditions, theDepartment of Veterans Affairs of the county-level people's government at their place of household registration shall, upon their application, issue a regular pension starting from the month when their eligibility is verified and confirmed:
(一)父母(抚养人)、配偶无劳动能力、无生活费来源，或者收入水平低于当地居民平均生活水平的；
(1) The parents (foster parents) or spouse have no capacity to work, have no source of livelihood, or have an income level lower than the average living standard of local residents;
(二)子女未满18周岁或者已满18周岁但因上学或者残疾无生活费来源的；
(2) The children are under the age of 18, or have reached the age of 18 but have no source of livelihood due to schooling or disability;
(三)兄弟姐妹未满18周岁或者已满18周岁但因上学无生活费来源且由该军人生前供养的。
(3) The siblings are under the age of 18, or have reached the age of 18 but have no source of livelihood due to schooling and were supported by the serviceman during his lifetime.
定期抚恤金标准应当参照上一年度全国居民人均可支配收入水平确定，具体标准及其调整办法，由国务院退役军人工作主管部门会同国务院财政部门规定。
The standard of regular pension shall be determined with reference to the national per capita disposable income level of the previous year. The specific standard and adjustment method shall be prescribed by the competent department ofveteran work of the State Council jointly with the finance department of the State Council.
烈士、因公牺牲军人、病故军人生前的配偶再婚后继续赡养烈士、因公牺牲军人、病故军人父母(抚养人)，继续抚养烈士、因公牺牲军人、病故军人生前供养的未满18周岁或者已满18周岁但无劳动能力且无生活费来源的兄弟姐妹的，由其户籍所在地县级人民政府退役军人工作主管部门继续发放定期抚恤金。
If the spouse of a martyr, a serviceman who died in the line of duty, or a serviceman who died of illness remarries and continues to support the parents (foster parents) of the martyr, the serviceman who died in the line of duty, or the serviceman who died of illness, and continues to raise the siblings under the age of 18 or siblings who have reached the age of 18 but have no capacity to work and no source of livelihood who were supported by the serviceman during his lifetime, theDepartment of Veterans Affairs of the county-level people's government at the place of household registration shall continue to issue the regular pension.
对领取定期抚恤金后生活仍有特殊困难的烈士遗属、因公牺牲军人遗属、病故军人遗属，县级以上地方人民政府可以增发抚恤金或者采取其他方式予以困难补助。
For survivors of martyrs, survivors of servicemen who died in the line of duty, and survivors of servicemen who died of illness who still have special difficulties in living after receiving the regular pension, the local people's government at or above the county level may increase the pension or adopt other methods to provide hardship subsidies.
享受定期抚恤金的烈士遗属、因公牺牲军人遗属、病故军人遗属死亡的，继续发放6个月其原享受的定期抚恤金，作为丧葬补助。
If a survivor of a martyr, a survivor of a serviceman who died in the line of duty, or a survivor of a serviceman who died of illness who is receiving a regular pension dies, the regular pension he or she originally enjoyed shall continue to be paid for six months as a funeral subsidy.
军人失踪被宣告死亡的，在其被评定为烈士、确认为因公牺牲或者病故后，又经法定程序撤销对其死亡宣告的，由原评定或者确认机关取消其烈士、因公牺牲军人或者病故军人资格，并由发证机关收回有关证件，终止其家属原享受的抚恤待遇。
If a serviceman who was missing and declared dead is later determined to have been a martyr, confirmed as having died in the line of duty, or died of illness, and subsequently the declaration of death is revoked through legal procedures, the original determining or confirming authority shall cancel his status as a martyr, a serviceman who died in the line of duty, or a serviceman who died of illness, and the issuing authority shall retrieve the relevant certificates and terminate the pension treatment originally enjoyed by his family.
军人残疾抚恤
Disability Pension for Servicemen
残疾军人享受残疾抚恤金，并可以按照规定享受供养待遇、护理费等。
Disabled servicemen shall receive a disability pension and may, in accordance with regulations, enjoy support benefits, nursing fees, etc.
军人残疾，符合下列情形之一的，认定为因战致残：
If a serviceman is disabled and meets one of the following circumstances, it shall be determined as combat-related disability:
(一)对敌作战负伤致残的；
(1) Disability caused by injury in combat operations;
(二)因执行任务遭敌人或者犯罪分子伤害致残，或者被俘、被捕后不屈遭敌人伤害或者被折磨致残的；
(2) Disability caused by injury from enemies or criminals while performing tasks, or disability caused by enemy injury or torture after being captured or arrested without yielding;
(三)为抢救和保护国家财产、集体财产、公民生命财产或者执行反恐怖任务和处置突发事件致残的；
(3) Disability caused by injury while rescuing and protecting state property, collective property, citizens' lives and property, or performing counter-terrorism missions and handling emergencies;
(四)因执行军事演习、战备航行飞行、空降和导弹发射训练、试航试飞任务以及参加武器装备科研试验致残的；
(4) Disability caused by injury while performing military exercises, combat readiness navigation flights, parachuting and missile launch training, test flights and test voyages, or participating in weapons and equipment scientific research experiments;
(五)在执行外交任务或者国家派遣的对外援助、维持国际和平任务中致残的；
(5) Disability caused by injury while performing diplomatic missions or tasks assigned by the state for foreign aid or maintaining international peace;
(六)其他因战致残的。
(6) Other disabilities caused by combat.
军人残疾，符合下列情形之一的，认定为因公致残：
A serviceman's disability shall be recognized as duty-related if it falls under any of the following circumstances:
(一)在执行任务中、工作岗位上或者在上下班途中，由于意外事件致残的；
(1) Disability caused by an accident while performing a mission, at the workplace, or during commuting to or from work;
(二)因患职业病致残的；
(2) Disability caused by an occupational disease;
(三)在执行任务中或者在工作岗位上突发疾病受伤致残的；
(3) Disability caused by a sudden illness or injury while performing a mission or at the workplace;
(四)其他因公致残的。
(4) Other disabilities caused by duty-related reasons.
义务兵和初级军士除前款第二项、第三项规定情形以外，因其他疾病导致残疾的，认定为因病致残。
For conscripts and junior non-commissioned officers, disabilities caused by diseases other than those specified in items (2) and (3) of the preceding paragraph shall be recognized as illness-related.
残疾的等级，根据劳动功能障碍程度和生活自理障碍程度确定，由重到轻分为一级至十级。
The grade of disability shall be determined based on the degree of impairment of labor function and the degree of dependence on care in daily life, ranging from Grade 1 (most severe) to Grade 10 (least severe).
残疾等级的具体评定标准由国务院退役军人工作主管部门会同国务院人力资源社会保障部门、卫生健康部门和军队有关部门规定。
The specific criteria for disability grading shall be formulated by the competent department ofveteran affairs of the State Council jointly with the human resources and social security department, the health department, and the relevant military departments.
军人因战、因公致残经治疗伤情稳定后，符合评定残疾等级条件的，应当及时评定残疾等级。义务兵和初级军士因病致残经治疗病情稳定后，符合评定残疾等级条件的，本人(无民事行为能力人或者限制民事行为能力人由其监护人)或者所在单位应当及时提出申请，在服现役期间评定残疾等级。
For a serviceman who becomes disabled due to war or duty, after the injury stabilizes through treatment, if the conditions for disability grading are met, the disability grade shall be assessed promptly. For conscripts and junior non-commissioned officers who become disabled due to illness, after the condition stabilizes through treatment, if the conditions for disability grading are met, the individual (or their guardian if the individual is a person without or with limited civil capacity) or their unit shall promptly file an application for disability grading during active service.
因战、因公致残，残疾等级被评定为一级至十级的，享受抚恤；因病致残，残疾等级被评定为一级至六级的，享受抚恤。评定残疾等级的，从批准当月起发给残疾抚恤金。
For disabilities caused by war or duty, those rated Grade 1 to Grade 10 shall receive a pension; for disabilities caused by illness, those rated Grade 1 to Grade 6 shall receive a pension. The disability pension shall be paid from the month following the approval of the disability grade.
因战、因公、因病致残性质的认定和残疾等级的评定权限是：
The authority for determining the nature of disability caused by war, duty, or illness and for rating disability grades is as follows:
(一)义务兵和初级军士的残疾，由军队军级以上单位卫生部门会同相关部门认定和评定；
(1) For conscripts and junior non-commissioned officers, the disability shall be determined and rated by the health department of the military at or above the corps level in conjunction with relevant departments;
(二)军官、中级以上军士的残疾，由军队战区级以上单位卫生部门会同相关部门认定和评定；
(2) For officers and non-commissioned officers above the intermediate level, the disability shall be determined and rated by the health department of the military at or above the theater level in conjunction with relevant departments;
(三)退出现役的军人和移交政府安置的军队离休退休干部、退休军士需要认定残疾性质和评定残疾等级的，由省级人民政府退役军人工作主管部门认定和评定。
(3) For retired servicemen and military retired cadres, retired non-commissioned officers transferred to governmentresettle, who need to determine the nature of disability and rate the disability grade, the determination and rating shall be conducted by the veterans affairs department of the provincial people's government.
评定残疾等级，应当依据医疗卫生专家小组出具的残疾等级医学鉴定意见。
The rating of disability grades shall be based on the medical appraisal opinions on disability grades issued by a medical expert panel.
残疾军人由认定残疾性质和评定残疾等级的机关发给《中华人民共和国残疾军人证》。
A disabled serviceman shall be issued the "Certificate of Disabled Serviceman of the People's Republic of China" by the authority that determined the nature of disability and rated the disability grade.
军人因战、因公致残，未及时评定残疾等级，退出现役后，本人(无民事行为能力人或者限制民事行为能力人由其监护人)应当及时申请补办评定残疾等级；凭原始档案记载及原始病历能够证明服现役期间的残情和伤残性质符合评定残疾等级条件的，可以评定残疾等级。
If a serviceman becomes disabled due to war or duty but fails to have the disability grade rated in a timely manner, after retirement, the person (or their guardian if the person is a person without or with limited capacity for civil conduct) shall promptly apply for a supplementary rating of the disability grade; if the original file records and original medical records can prove that the disability condition and nature during active service meet the conditions for rating a disability grade, the disability grade may be rated.
被诊断、鉴定为职业病或者因体内残留弹片致残，符合残疾等级评定条件的，可以补办评定残疾等级。
If a person is diagnosed or identified as having an occupational disease or becomes disabled due to residual shrapnel in the body, and meets the conditions for rating a disability grade, a supplementary rating of the disability grade may be conducted.
军人被评定残疾等级后，在服现役期间或者退出现役后原致残部位残疾情况发生明显变化，原定残疾等级与残疾情况明显不符，本人(无民事行为能力人或者限制民事行为能力人由其监护人)申请或者军队卫生部门、地方人民政府退役军人工作主管部门提出需要调整残疾等级的，可以重新评定残疾等级。申请调整残疾等级应当在上一次评定残疾等级1年后提出。
After a serviceman has been rated with a disability grade, if the disability condition at the original site of disability significantly changes during active service or after retirement, and the original disability grade is clearly inconsistent with the disability condition, the person (or their guardian if the person is a person without or with limited capacity for civil conduct) may apply, or the military health department or the local people's government veterans affairs department may propose, to adjust the disability grade. An application for adjusting the disability grade shall be made one year after the previous rating of the disability grade.
退出现役的残疾军人或者向政府移交的残疾军人，应当自军队办理退役手续或者移交手续后60日内，向户籍迁入地县级人民政府退役军人工作主管部门申请转入抚恤关系，按照残疾性质和等级享受残疾抚恤金。其退役或者向政府移交当年的残疾抚恤金由所在部队发给，迁入地县级人民政府退役军人工作主管部门从下一年起按照当地的标准发给。
A disabled serviceman who has retired or been transferred to the government shall, within 60 days from the date of handling the retirement or transfer procedures by the military, apply to the county-level people's government veterans affairs department in the place where their household registration is moved into, to transfer the pension relationship, and shall enjoy the disability pension according to the nature and grade of disability. The disability pension for the year of retirement or transfer to the government shall be paid by the unit where they served, and the county-level people's government veterans affairs department in the place of relocation shall pay the pension from the following year according to the local standards.
因工作需要继续服现役的残疾军人，经军队军级以上单位批准，由所在部队按照规定发给残疾抚恤金。
For disabled servicemen who continue active service due to work needs, upon approval by military units at or above the corps level, the unit they serve shall pay disability pension in accordance with regulations.
残疾军人的抚恤金标准应当参照上一年度全国城镇单位就业人员年平均工资水平确定。残疾抚恤金的标准以及一级至十级残疾军人享受残疾抚恤金的具体办法，由国务院退役军人工作主管部门会同国务院财政部门规定。
The pension standard for disabled servicemen shall be determined with reference to the average annual wage level of urban unit employees nationwide in the previous year. The specific standards for disability pension and the methods for disabled servicemen of Grade 1 to Grade 10 to receive disability pension shall be stipulated by the competent department of veterans' affairs of the State Council together with the financial department of the State Council.
对领取残疾抚恤金后生活仍有特殊困难的残疾军人，县级以上地方人民政府可以增发抚恤金或者采取其他方式予以困难补助。
For disabled servicemen who still have special difficulties in living after receiving disability pension, the local people's government at or above the county level may increase the pension or provide other forms of hardship subsidies.
退出现役的因战、因公致残的残疾军人因旧伤复发死亡的，由县级人民政府退役军人工作主管部门按照因公牺牲军人的抚恤金标准发给其遗属一次性抚恤金，其遗属按照国家规定享受因公牺牲军人遗属定期抚恤金待遇。
If a disabled serviceman who has retired from active service and became disabled due to war or duty dies from the recurrence of an old injury, the competent department of veterans' affairs of the county people's government shall pay a one-time pension to his survivors at the pension standard for servicemen who died in the line of duty, and his survivors shall enjoy the regular pension treatment for survivors of servicemen who died in the line of duty as stipulated by the state.
退出现役的残疾军人因病死亡的，对其遗属继续发放12个月其原享受的残疾抚恤金，作为丧葬补助；其中，因战、因公致残的一级至四级残疾军人因病死亡的，其遗属按照国家规定享受病故军人遗属定期抚恤金待遇。
If a disabled serviceman who has retired from active service dies of illness, his survivors shall continue to receive the disability pension he originally enjoyed for 12 months as a funeral subsidy; among them, if a disabled serviceman of Grade 1 to Grade 4 who became disabled due to war or duty dies of illness, his survivors shall enjoy the regular pension treatment for survivors of servicemen who died of illness as stipulated by the state.
退出现役时为一级至四级的残疾军人，由国家供养终身；其中，对需要长年医疗或者独身一人不便分散供养的，经省级人民政府退役军人工作主管部门批准，可以集中供养。
Disabled servicemen who were Grade 1 to Grade 4 at the time of retirement from active service shall be supported by the state for life; among them, those who require long-term medical care or are alone and inconvenient for decentralized support may, with the approval of the competent department of veterans' affairs of the provincial people's government, receive centralized support.
对退出现役时分散供养的一级至四级、退出现役后补办或者调整为一级至四级、服现役期间因患精神障碍评定为五级至六级的残疾军人发给护理费，护理费的标准为：
Nursing care allowances shall be paid to disabled servicemen who are decentralized supported at Grade 1 to Grade 4 at the time of retirement from active service, who are supplemented or adjusted to Grade 1 to Grade 4 after retirement, or who are assessed as Grade 5 to Grade 6 due to mental disorders during active service. The standards for nursing care allowances are:
(一)因战、因公一级和二级残疾的，为当地上一年度城镇单位就业人员月平均工资的50%；
(1) For Grade 1 and Grade 2 disabilities due to war or duty, 50% of the average monthly wage of urban unit employees in the previous year in the local area;
(二)因战、因公三级和四级残疾的，为当地上一年度城镇单位就业人员月平均工资的40%；
(2) For Grade 3 and Grade 4 disabilities due to war or duty, 40% of the average monthly wage of urban unit employees in the previous year in the local area;
(三)因病一级至四级残疾的，为当地上一年度城镇单位就业人员月平均工资的30%；
(3) For Grade 1 to Grade 4 disabilities due to illness, 30% of the average monthly wage of urban unit employees in the previous year in the local area.
(四)因精神障碍五级至六级残疾的，为当地上一年度城镇单位就业人员月平均工资的25%。
(4) For those with mental disorders classified as Grade 5 to Grade 6 disability, the nursing fee shall be 25% of the average monthly salary of employed persons in urban units in the previous year.
退出现役并移交地方的残疾军人的护理费，由县级以上地方人民政府退役军人工作主管部门发给。未退出现役或者未移交地方的残疾军人的护理费，由所在部队按照军队有关规定发给。移交政府安置的离休退休残疾军人的护理费，按照国家和军队有关规定执行。
The nursing fee for disabled servicemen who have retired from active service and been transferred to local authorities shall be paid by theveteran work department of the local people's government at or above the county level. The nursing fee for disabled servicemen who have not retired from active service or have not been transferred to local authorities shall be paid by their units in accordance with relevant military regulations. The nursing fee for retired disabled servicemen placed under government care shall be handled in accordance with national and military regulations.
享受护理费的残疾军人在优抚医院集中收治期间，护理费由优抚医院统筹使用。享受护理费的残疾军人在部队期间，由单位从地方购买照护服务的，护理费按照规定由单位纳入购买社会服务费用统一管理使用。
During the period when a disabled serviceman receiving nursing fee is hospitalized in a preferential treatment hospital, the nursing fee shall be used uniformly by the hospital. If a disabled serviceman receiving nursing fee is in the military and the unit purchases care services from local sources, the nursing fee shall be included in the unified management and use of the purchased social service expenses as prescribed.
残疾军人因残情需要配制假肢、轮椅、助听器等康复辅助器具，正在服现役的，由军队军级以上单位负责解决；退出现役的，由省级人民政府退役军人工作主管部门负责解决，所需经费由省级人民政府保障。
For disabled servicemen who need to be fitted with rehabilitation aids such as artificial limbs, wheelchairs, hearing aids, etc., due to their disability, if they are currently on active service, the military unit at or above the corps level shall be responsible for providing them; if they have retired from active service, the provincial people's government'sveteran work department shall be responsible for providing them, and the required funds shall be guaranteed by the provincial people's government.
优 待
Preferential Treatment
抚恤优待对象依法享受家庭优待金、荣誉激励、关爱帮扶，以及教育、医疗、就业、住房、养老、交通、文化等方面的优待。
Entitled groups shall enjoy family preferential allowances, honorary incentives, care and assistance, as well as preferential treatment in education, medical care, employment, housing, elderly care, transportation, culture, and other aspects in accordance with the law.
国家完善抚恤优待对象表彰、奖励办法，构建精神与物质并重的荣誉激励制度体系，建立抚恤优待对象荣誉激励机制，健全邀请参加重大庆典活动、开展典型宣传、悬挂光荣牌、制发优待证、送喜报、载入地方志、组织短期疗养等政策制度。
The state shall improve the commendation and reward methods for entitled groups, build an honorary incentive system that values both spirit and material, establish an honorary incentive mechanism for entitled groups, and improve policies and systems such as inviting them to major celebrations, conducting typical publicity, hanging honor plaques, issuing preferential treatment certificates, delivering good news, recording in local chronicles, and organizing short-term recuperation.
国家建立抚恤优待对象关爱帮扶机制，逐步完善抚恤优待对象生活状况信息档案登记制度，有条件的地方可以设立退役军人关爱基金，充分利用退役军人关爱基金等开展帮扶援助，加大对生活发生重大变故、遇到特殊困难的抚恤优待对象的关爱帮扶力度。
The state shall establish a care and assistance mechanism for entitled groups, gradually improve the registration system for information files on the living conditions of entitled groups, and where conditions permit, may set up a veterans care fund, make full use of the veterans care fund to carry out assistance and support, and increase the care and assistance efforts for entitled groups who have experienced major life changes or encountered special difficulties.
乡镇人民政府、街道办事处通过入户走访等方式，主动了解本行政区域抚恤优待对象的生活状况，及时发现生活困难的抚恤优待对象，提供协助申请、组织帮扶等服务。基层群众性自治组织应当协助做好抚恤优待对象的走访帮扶工作。鼓励发挥社会组织、社会工作者和志愿者作用，为抚恤优待对象提供心理疏导、精神抚慰、法律援助、人文关怀等服务。县级以上人民政府应当采取措施，为乡镇人民政府、街道办事处以及基层群众性自治组织开展相关工作提供条件和支持。
Township people's governments and subdistrict offices shall, through home visits and other means, proactively understand the living conditions of entitled groups within their administrative areas, promptly identify entitled groups in difficulty, and provide services such as assisting with applications and organizing support. Grassroots mass autonomous organizations shall assist in conducting visits and support for entitled groups. The role of social organizations, social workers, and volunteers shall be encouraged to provide psychological counseling, spiritual comfort, legal aid, humanistic care, and other services to entitled groups. People's governments at or above the county level shall take measures to provide conditions and support for township people's governments, subdistrict offices, and grassroots mass autonomous organizations to carry out relevant work.
国家对烈士遗属逐步加大教育、医疗、就业、养老、住房、交通、文化等方面的优待力度。
The state shall gradually increase the degree of preferential treatment for martyrs' survivors in education, medical care, employment, elderly care, housing, transportation, culture, and other aspects.
国务院有关部门、军队有关部门和地方人民政府应当关心烈士遗属的生活情况，开展走访慰问，及时给予烈士遗属荣誉激励和精神抚慰。
Relevant departments of the State Council, military departments, and local people's governments shall care about the living conditions of martyrs' survivors, conduct visits and condolences, and promptly provide honor incentives and spiritual comfort to martyrs' survivors.
烈士子女符合公务员、社区专职工作人员考录、聘用条件的，在同等条件下优先录用或者聘用。
If children of martyrs meet the conditions for recruitment or employment as civil servants or community full-time staff, they shall be given priority in recruitment or employment under equal conditions.
烈士、因公牺牲军人、病故军人的子女、兄弟姐妹以及军人子女，本人自愿应征并且符合征兵条件的，优先批准服现役；报考军队文职人员的，按照规定享受优待。
Children, siblings of martyrs, servicemen who died in the line of duty, servicemen who died of illness, and children of servicemen, if they voluntarily enlist and meet the conscription conditions, shall be approved for active service with priority; those applying for military civilian personnel shall enjoy preferential treatment in accordance with regulations.
国家兴办优抚医院、光荣院，按照规定为抚恤优待对象提供优待服务。县级以上人民政府应当充分利用现有医疗和养老服务资源，因地制宜加强优抚医院、光荣院建设，收治或者集中供养孤老、生活不能自理的退役军人。
The state establishes preferential treatment hospitals and glory homes to provide preferential services for entitled groups in accordance with regulations. People's governments at or above the county level shall make full use of existing medical and elderly care service resources, strengthen the construction of preferential treatment hospitals and glory homes according to local conditions, and admit or centrally support elderly and disabled veterans who are alone or unable to care for themselves.
参战退役军人、烈士遗属、因公牺牲军人遗属、病故军人遗属和军人家属，符合规定条件申请在国家兴办的优抚医院、光荣院集中供养、住院治疗、短期疗养的，享受优先、优惠待遇。
Veterans who participated in combat, martyrs' survivors, survivors of servicemen who died in the line of duty, survivors of servicemen who died of illness, and military family members who meet the prescribed conditions and apply for centralized support, inpatient treatment, or short-term recuperation in state-run preferential treatment hospitals or glory homes shall enjoy priority and preferential treatment.
各类社会福利机构应当优先接收抚恤优待对象。烈士遗属、因公牺牲军人遗属、病故军人遗属和军人家属，符合规定条件申请入住公办养老机构的，同等条件下优先安排。
All types of social welfare institutions shall give priority to accepting entitled groups. Martyrs' survivors, survivors of servicemen who died in the line of duty, survivors of servicemen who died of illness, and military family members who meet the prescribed conditions and apply for admission to public elderly care institutions shall be given priority arrangement under equal conditions.
国家建立中央和地方财政分级负担的义务兵家庭优待金制度，义务兵服现役期间，其家庭由批准入伍地县级人民政府发给优待金，同时按照规定享受其他优待。
The state establishes a system of family allowance for compulsory servicemen with shared financial burdens between central and local governments. During the period of active service of compulsory servicemen, their families shall be paid an allowance by the county people's government of the place where enlistment was approved, and shall also enjoy other preferential treatment in accordance with regulations.
义务兵和军士入伍前依法取得的农村土地承包经营权，服现役期间应当保留。
The rural land contractual management rights lawfully obtained by compulsory servicemen and non-commissioned officers before enlistment shall be retained during their active service.
义务兵从部队发出的平信，免费邮递。
Ordinary letters sent by compulsory servicemen from the military shall be delivered free of postage.
烈士子女报考普通高中、中等职业学校、高等学校，按照《烈士褒扬条例》等法律法规和国家有关规定享受优待。在公办幼儿园和公办学校就读的，按照国家有关规定享受各项学生资助等政策。
Children of martyrs applying for admission to ordinary high schools, secondary vocational schools, and institutions of higher learning shall enjoy preferential treatment in accordance with the 'Regulations on Commending Martyrs' and other laws, regulations, and relevant state provisions. Those studying in public kindergartens and public schools shall enjoy various student financial aid policies in accordance with relevant state provisions.
因公牺牲军人子女、一级至四级残疾军人子女报考普通高中、中等职业学校、高等学校，在录取时按照国家有关规定给予优待；接受学历教育的，按照国家有关规定享受各项学生资助等政策。
Children of servicemen who died in the line of duty and children of servicemen with Grade 1 to Grade 4 disabilities, when applying for admission to regular high schools, secondary vocational schools, and institutions of higher education, shall receive preferential treatment in accordance with relevant state regulations; those receiving academic education shall enjoy various student financial aid policies in accordance with relevant state regulations.
军人子女入读公办义务教育阶段学校和普惠性幼儿园，可以在本人、父母、祖父母、外祖父母或者其他法定监护人户籍所在地，或者父母居住地、部队驻地入学，享受当地军人子女教育优待政策；报考普通高中、中等职业学校、高等学校，按照国家有关规定优先录取；接受学历教育的，按照国家有关规定享受各项学生资助等政策。地方各级人民政府及其有关部门应当按照法律法规和国家有关规定为军人子女创造接受良好教育的条件。
Children of servicemen enrolled in compulsory education at public schools and inclusive kindergartens may enroll in the place of domicile of themselves, their parents, grandparents, maternal grandparents, or other legal guardians, or in the place of residence of their parents or the station of the military unit, and enjoy local preferential education policies for children of servicemen; when applying for admission to regular high schools, secondary vocational schools, and institutions of higher education, they shall be given priority admission in accordance with relevant state regulations; those receiving academic education shall enjoy various student financial aid policies in accordance with relevant state regulations. Local people's governments at all levels and their relevant departments shall, in accordance with laws, regulations, and relevant state provisions, create conditions for children of servicemen to receive a good education.
残疾军人、义务兵和初级军士退出现役后，报考中等职业学校和高等学校，按照国家有关规定享受优待。优先安排残疾军人参加学习培训，按照规定享受国家资助政策。退役军人按照规定免费参加教育培训。符合条件的退役大学生士兵复学、转专业、攻读硕士研究生等，按照国家有关规定享受优待政策。
Disabled servicemen, conscripts, and junior non-commissioned officers, after retiring from active service, shall enjoy preferential treatment when applying for admission to secondary vocational schools and institutions of higher education in accordance with relevant state regulations. Disabled servicemen shall be given priority to participate in study and training and shall enjoy state financial aid policies in accordance with regulations. Veterans shall participate in education and training free of charge in accordance with regulations. Eligible retired college student soldiers, when resuming studies, changing majors, or pursuing master's degrees, shall enjoy preferential treatment policies in accordance with relevant state regulations.
抚恤优待对象享受教育优待的具体办法由国务院退役军人工作主管部门会同国务院教育部门规定。
The specific measures for educational preferential treatment for recipients of pensions and preferential treatment shall be formulated by the competent department of veterans' affairs of the State Council jointly with the education department of the State Council.
国家对一级至六级残疾军人的医疗费用按照规定予以保障，其中参加工伤保险的一级至六级残疾军人旧伤复发的医疗费用，由工伤保险基金支付。
The state shall guarantee the medical expenses of disabled servicemen of Grade 1 to Grade 6 in accordance with regulations. Among them, the medical expenses for recurrence of old injuries of disabled servicemen of Grade 1 to Grade 6 who participate in work-related injury insurance shall be paid from the work-related injury insurance fund.
七级至十级残疾军人旧伤复发的医疗费用，已经参加工伤保险的，由工伤保险基金支付；未参加工伤保险，有工作单位的由工作单位解决，没有工作单位的由当地县级以上地方人民政府负责解决。七级至十级残疾军人旧伤复发以外的医疗费用，未参加医疗保险且本人支付有困难的，由当地县级以上地方人民政府酌情给予补助。
For medical expenses arising from recurrence of old injuries of disabled servicemen of Grade 7 to Grade 10, if they have participated in work-related injury insurance, the expenses shall be paid from the work-related injury insurance fund; if they have not participated in work-related injury insurance, those with work units shall be covered by the work unit, and those without work units shall be covered by the local people's government at or above the county level. For medical expenses of disabled servicemen of Grade 7 to Grade 10 other than those arising from recurrence of old injuries, if they have not participated in medical insurance and have difficulty paying on their own, the local people's government at or above the county level shall provide appropriate subsidies as the case may be.
抚恤优待对象在军队医疗卫生机构和政府举办的医疗卫生机构按照规定享受优待服务，国家鼓励社会力量举办的医疗卫生机构为抚恤优待对象就医提供优待服务。参战退役军人、残疾军人按照规定享受医疗优惠。
Recipients of pensions and preferential treatment shall enjoy preferential services in military medical institutions and medical institutions run by the government in accordance with regulations. The state encourages medical institutions run by social forces to provide preferential services for recipients of pensions and preferential treatment when seeking medical treatment. Veterans who have participated in combat and disabled servicemen shall enjoy medical discounts in accordance with regulations.
抚恤优待对象享受医疗优待和优惠的具体办法由国务院退役军人工作主管部门和中央军事委员会后勤保障部会同国务院财政、卫生健康、医疗保障等部门规定。
The specific measures for recipients of pensions and preferential treatment to enjoy medical preferential treatment and discounts shall be formulated by the competent department of veterans' affairs of the State Council and the Logistics Support Department of the Central Military Commission jointly with the financial, health, and medical security departments of the State Council.
中央财政对地方给予适当补助，用于帮助解决抚恤优待对象的医疗费用困难问题。
The central finance shall provide appropriate subsidies to local governments to help solve the difficulties of medical expenses for recipients of pensions and preferential treatment.
义务兵和军士入伍前是机关、群团组织、事业单位或者国有企业工作人员，退出现役后以自主就业方式安置的，可以选择复职复工，其工资、福利待遇不得低于本单位同等条件工作人员的平均水平；服现役期间，其家属继续享受该单位工作人员家属的有关福利待遇。
If a conscript or non-commissioned officer was an employee of a state organ, mass organization, public institution, or state-owned enterprise before enlistment and is placed through self-employment after retirement from active service, he or she may choose to resume his or her original post or job, and his or her salary and welfare benefits shall not be lower than the average level of employees with equivalent conditions in the unit; during the period of active service, his or her family members shall continue to enjoy the relevant welfare benefits of the family members of employees of the unit.
残疾军人、义务兵和初级军士退出现役后，报考公务员的，按照国家有关规定享受优待。
Disabled servicemen, conscripts, and junior non-commissioned officers who retire from active service shall enjoy preferential treatment in accordance with relevant state regulations when applying for civil service positions.
国家依法保障军人配偶就业安置权益。机关、群团组织、企业事业单位、社会组织和其他组织，应当依法履行接收军人配偶就业安置的义务。经军队团级以上单位政治工作部门批准随军的军官家属、军士家属，由驻军所在地公安机关办理落户手续。
The state legally guarantees the employment placement rights of military spouses. Organs, mass organizations, enterprises, public institutions, social organizations, and other entities shall legally fulfill the obligation to accept the employment placement of military spouses. The family members of officers and non-commissioned officers who have been approved to accompany the military by the political work department at or above the regimental level shall have their household registration procedures handled by the public security organs at the place where the military unit is stationed.
军人配偶随军前在机关或者事业单位工作的，由安置地人民政府及其主管部门按照国家有关规定，安排到相应的工作单位。其中，随军前是公务员的，采取转任等方式，在规定的编制限额和职数内，结合当地和随军家属本人实际情况，原则上安置到机关相应岗位；随军前是事业单位工作人员的，采取交流方式，在规定的编制限额和设置的岗位数内，结合当地和随军家属本人实际情况，原则上安置到事业单位相应岗位。经个人和接收单位双向选择，也可以按照规定安置到其他单位适宜岗位。
If a military spouse worked in an organ or public institution before accompanying the military, the local people's government and its competent departments shall arrange for them to be placed in a corresponding work unit in accordance with relevant state regulations. Among them, if the spouse was a civil servant before accompanying the military, they shall be placed in a corresponding position in an organ through transfer or other means, within the prescribed staffing quota and authorized number of positions, taking into account local conditions and the actual situation of the accompanying family member; if the spouse was a public institution staff member before accompanying the military, they shall be placed in a corresponding position in a public institution through exchange or other means, within the prescribed staffing quota and established number of positions, taking into account local conditions and the actual situation of the accompanying family member. Through two-way selection between the individual and the receiving unit, they may also be placed in other suitable positions in accordance with regulations.
军人配偶随军前在其他单位工作或者无工作单位且有就业能力和就业意愿的，由安置地人民政府提供职业指导、职业介绍、职业培训等就业服务，按照规定落实相关扶持政策，帮助其实现就业。
If a military spouse worked in another unit before accompanying the military or had no work unit but has the ability and willingness to work, the local people's government shall provide employment services such as career guidance, job introduction, and vocational training, and implement relevant support policies in accordance with regulations to help them achieve employment.
烈士遗属、因公牺牲军人遗属和符合规定条件的军人配偶，当地人民政府应当优先安排就业。符合条件的军官和军士退出现役时，其配偶和子女可以按照国家有关规定随调随迁。
For the surviving dependents of martyrs, surviving dependents of servicemen who died in the line of duty, and military spouses who meet the prescribed conditions, the local people's government shall give priority to arranging employment. When eligible officers and non-commissioned officers retire from active service, their spouses and children may be transferred or relocated in accordance with relevant state regulations.
国家鼓励有用工需求的用人单位优先安排随军家属就业。国有企业在新招录职工时，应当按照用工需求的适当比例聘用随军家属；有条件的民营企业在新招录职工时，可以按照用工需求的适当比例聘用随军家属。
The state encourages employers with labor needs to give priority to hiring accompanying military family members. When recruiting new employees, state-owned enterprises shall hire accompanying military family members in an appropriate proportion according to their labor needs; qualified private enterprises may hire accompanying military family members in an appropriate proportion according to their labor needs when recruiting new employees.
国家鼓励和扶持有条件、有意愿的军人配偶自主就业、自主创业，按照规定落实相关扶持政策。
The state encourages and supports military spouses who have the conditions and willingness to engage in self-employment or start their own businesses, and implements relevant support policies in accordance with regulations.
驻边疆国境的县(市)、沙漠区、国家确定的边远地区中的三类地区和军队确定的特、一、二类岛屿部队的军官、军士，其符合随军条件无法随军的家属，可以选择在军人、军人配偶原户籍所在地或者军人父母、军人配偶父母户籍所在地自愿落户，所在地人民政府应当妥善安置。
For officers and non-commissioned officers stationed in counties (cities) on the border, desert areas, the third category of remote areas designated by the state, and troops stationed on islands designated as special, first, or second category by the military, if their family members who meet the conditions for accompanying the military are unable to do so, they may choose to voluntarily settle in the original household registration location of the serviceman or the military spouse, or in the household registration location of the serviceman's parents or the military spouse's parents. The local people's government shall properly arrange for them.
随军的烈士遗属、因公牺牲军人遗属、病故军人遗属，移交地方人民政府安置的，享受本条例和当地人民政府规定的优待。
The surviving dependents of martyrs, surviving dependents of servicemen who died in the line of duty, and surviving dependents of servicemen who died of illness who accompany the military and are transferred to local people's governments for placement shall enjoy the preferential treatment provided by these regulations and by the local people's government.
退出现役后，在机关、群团组织、企业事业单位和社会组织工作的残疾军人，享受与所在单位工伤人员同等的生活福利和医疗待遇。所在单位不得因其残疾将其辞退、解除聘用合同或者劳动合同。
Disabled servicemen who work in organs, mass organizations, enterprises, public institutions, and social organizations after retirement from active service shall enjoy the same living welfare and medical treatment as employees with work-related injuries in the same unit. The unit shall not dismiss, terminate the employment contract, or terminate the labor contract with them due to their disability.
国家适应住房保障制度改革发展要求，逐步完善抚恤优待对象住房优待办法，适当加大对参战退役军人、烈士遗属、因公牺牲军人遗属、病故军人遗属的优待力度。符合当地住房保障条件的抚恤优待对象承租、购买保障性住房的，县级以上地方人民政府有关部门应当给予优先照顾。居住农村的符合条件的抚恤优待对象，同等条件下优先纳入国家或者地方实施的农村危房改造相关项目范围。
The state shall adapt to the requirements of housing security system reform and development, gradually improve the housing preferential treatment measures for pension and preferential treatment recipients, and appropriately increase the preferential treatment for veterans who participated in wars, survivors of martyrs, survivors of servicemen who died in the line of duty, and survivors of servicemen who died of illness. For pension and preferential treatment recipients who meet the local housing security conditions and rent or purchase affordable housing, the relevant departments of the local people's government at or above the county level shall give priority consideration. Eligible pension and preferential treatment recipients living in rural areas shall, under equal conditions, be given priority to be included in the scope of national or local rural dilapidated house renovation projects.
军人凭军官证、军士证、义务兵证、学员证等有效证件，残疾军人凭《中华人民共和国残疾军人证》，烈士遗属、因公牺牲军人遗属、病故军人遗属凭优待证，乘坐境内运行的铁路旅客列车、轮船、长途客运班车和民航班机，享受购票、安检、候乘、通行等优先服务，随同出行的家属可以一同享受优先服务；残疾军人享受减收国内运输经营者对外公布票价50%的优待。
Servicemen, with valid certificates such as officer's certificate, non-commissioned officer's certificate, soldier's certificate, and cadet certificate, and disabled servicemen with the 'Disabled Serviceman Certificate of the People's Republic of China', and survivors of martyrs, survivors of servicemen who died in the line of duty, and survivors of servicemen who died of illness with preferential treatment certificates, shall enjoy priority services such as ticket purchase, security check, waiting, and boarding when taking domestic railway passenger trains, ships, long-distance passenger buses, and civil aviation flights; accompanying family members may also enjoy priority services together. Disabled servicemen shall enjoy a 50% reduction in the publicly announced fares of domestic transport operators.
军人、残疾军人凭证免费乘坐市内公共汽车、电车、轮渡和轨道交通工具。
Servicemen and disabled servicemen, with their certificates, shall enjoy free rides on urban buses, trams, ferries, and rail transit vehicles.
抚恤优待对象参观游览图书馆、博物馆、美术馆、科技馆、纪念馆、体育场馆等公共文化设施和公园、展览馆、名胜古迹等按照规定享受优待及优惠服务。
Pension and preferential treatment recipients visiting and touring public cultural facilities such as libraries, museums, art galleries, science and technology museums, memorial halls, and sports venues, as well as parks, exhibition halls, and places of historic interest and scenic beauty, shall enjoy preferential treatment and discounted services in accordance with regulations.
军人依法享受个人所得税优惠政策。退役军人从事个体经营或者企业招用退役军人，符合条件的，依法享受税收优惠。
Servicemen shall enjoy personal income tax preferential policies in accordance with the law. Veterans who engage in self-employment or enterprises that recruit veterans, if meeting the conditions, shall enjoy tax incentives in accordance with the law.
法 律 责 任
Legal Liability
军人抚恤优待管理单位及其工作人员挪用、截留、私分军人抚恤优待所需经费和工作经费，构成犯罪的，依法追究相关责任人员的刑事责任；尚不构成犯罪的，对相关责任人员依法给予处分。被挪用、截留、私分的军人抚恤优待所需经费和工作经费，由上一级人民政府退役军人工作主管部门、军队有关部门责令追回。
If the management units of servicemen's pension and preferential treatment and their staff misappropriate, intercept, or embezzle the funds required for servicemen's pension and preferential treatment and working funds, which constitutes a crime, the relevant responsible persons shall be investigated for criminal liability in accordance with the law; if it does not constitute a crime, the relevant responsible persons shall be given sanctions in accordance with the law. The misappropriated, intercepted, or embezzled funds required for servicemen's pension and preferential treatment and working funds shall be ordered to be recovered by the veterans' affairs department of the people's government at the next higher level or the relevant military department.
军人抚恤优待管理单位及其工作人员、参与军人抚恤优待工作的单位及其工作人员有下列行为之一的，由其上级主管部门责令改正；情节严重，构成犯罪的，依法追究相关责任人员的刑事责任；尚不构成犯罪的，对相关责任人员依法给予处分：
If the management units of servicemen's pension and preferential treatment and their staff, and the units and their staff participating in the work of servicemen's pension and preferential treatment, commit any of the following acts, the competent department at the next higher level shall order correction; if the circumstances are serious and constitute a crime, the relevant responsible persons shall be investigated for criminal liability in accordance with the law; if it does not constitute a crime, the relevant responsible persons shall be given sanctions in accordance with the law:
(一)违反规定审批军人抚恤待遇的；
(1) Approving servicemen's pension treatment in violation of regulations;
(二)在审批军人抚恤待遇工作中出具虚假诊断、鉴定、证明的；
(2) Issuing false diagnoses, appraisals, or certificates in the approval of servicemen's pension treatment;
(三)不按照规定的标准、数额、对象审批或者发放抚恤金、补助金、优待金的；
(3) Failing to approve or disburse pensions, subsidies, or preferential payments in accordance with the prescribed standards, amounts, or recipients;
(四)在军人抚恤优待工作中利用职权谋取私利的；
(4) Using one's position to seek personal gain in the work of pension and preferential treatment for servicemen;
(五)有其他违反法律法规行为的。
(5) Other violations of laws and regulations.
负有军人优待义务的单位不履行优待义务的，由县级以上地方人民政府退役军人工作主管部门责令限期履行义务；逾期仍未履行的，处以2万元以上5万元以下罚款；对直接负责的主管人员和其他直接责任人员，依法给予处分。因不履行优待义务使抚恤优待对象受到损失的，应当依法承担赔偿责任。
If a unit with the obligation to provide preferential treatment to servicemen fails to fulfill such obligation, the competent department ofveteran work of the local people's government at or above the county level shall order it to fulfill the obligation within a specified period; if it still fails to do so after the expiration of the period, a fine of not less than 20,000 yuan but not more than 50,000 yuan shall be imposed; the directly responsible person in charge and other directly responsible personnel shall be given sanctions according to law. If the failure to fulfill the preferential treatment obligation causes losses to the pension and preferential treatment recipients, the unit shall bear compensation liability according to law.
抚恤优待对象及其他人员有下列行为之一的，由县级以上地方人民政府退役军人工作主管部门、军队有关部门取消相关待遇、追缴违法所得，并由其所在单位或者有关部门依法给予处分；构成犯罪的，依法追究刑事责任：
If any of the following acts is committed by pension and preferential treatment recipients or other persons, the competent department ofveteran work of the local people's government at or above the county level or the relevant military department shall cancel the relevant benefits, recover the illegal gains, and the unit to which the person belongs or the relevant department shall give sanctions according to law; if a crime is constituted, criminal liability shall be pursued according to law:
(一)冒领抚恤金、补助金、优待金的；
(1) Fraudulently claiming pensions, subsidies, or preferential payments;
(二)伪造残情、伤情、病情骗取医药费等费用或者相关抚恤优待待遇的；
(2) Falsifying disability, injury, or illness conditions to defraud medical expenses or other related pension and preferential treatment benefits;
(三)出具虚假证明，伪造证件、印章骗取抚恤金、补助金、优待金的；
(3) Issuing false certificates, forging documents or seals to fraudulently obtain pensions, subsidies, or preferential payments;
(四)其他弄虚作假骗取抚恤优待待遇的。
(4) Other acts of fraud to obtain pension and preferential treatment benefits.
抚恤优待对象被判处有期徒刑、剥夺政治权利或者被通缉期间，中止发放抚恤金、补助金；被判处死刑、无期徒刑以及被军队开除军籍的，取消其抚恤优待资格。
If a pension and preferential treatment recipient is sentenced to fixed-term imprisonment, deprived of political rights, or is wanted, the payment of pensions and subsidies shall be suspended; if sentenced to death, life imprisonment, or expelled from military service by the military, the eligibility for pension and preferential treatment shall be revoked.
抚恤优待对象有前款规定情形的，由省级人民政府退役军人工作主管部门按照国家有关规定中止或者取消其抚恤优待相关待遇，报国务院退役军人工作主管部门备案。
If a pension and preferential treatment recipient falls under the circumstances specified in the preceding paragraph, theveteran work department of the provincial people's government shall, in accordance with relevant state regulations, suspend or cancel their relevant pension and preferential treatment, and report to theveteran work department of the State Council for record.
附 则
Supplementary Provisions
本条例适用于中国人民武装警察部队。
These Regulations apply to the Chinese People's Armed Police Force.
军队离休退休干部和退休军士的抚恤优待，按照本条例有关军人抚恤优待的规定执行。
The pension and preferential treatment for retired military cadres and retired sergeants shall be implemented in accordance with the provisions of these Regulations concerning the pension and preferential treatment for servicemen.
参试退役军人参照本条例有关参战退役军人的规定执行。
Retired servicemen who participated in nuclear tests shall refer to the provisions of these Regulations concerning retired servicemen who participated in combat.
因参战以及参加非战争军事行动、军事训练和执行军事勤务伤亡的预备役人员、民兵、民工、其他人员的抚恤，参照本条例的有关规定办理。
For reservists, militiamen, civilian workers, and other personnel who are injured or killed due to participation in combat, non-war military operations, military training, or military duties, their pension shall be handled by reference to the relevant provisions of these Regulations.
国家按照规定为符合条件的参战退役军人、带病回乡退役军人、年满60周岁农村籍退役士兵、1954年10月31日之前入伍后经批准退出现役的人员，以及居住在农村和城镇无工作单位且年满60周岁、在国家建立定期抚恤金制度时已满18周岁的烈士子女，发放定期生活补助。
The state shall, in accordance with regulations, provide regular living subsidies to eligible retired servicemen who participated in combat, retired servicemen who returned home due to illness, rural retired servicemen aged 60 or above, personnel who enlisted before October 31, 1954 and were approved to retire from active service, as well as children of martyrs who live in rural areas or urban areas without work units, are aged 60 or above, and had reached the age of 18 when the state established the regular pension system.
享受国家定期生活补助的参战退役军人去世后，继续发放6个月其原享受的定期生活补助，作为丧葬补助。
After the death of a retired serviceman who participated in combat and was receiving regular living subsidies, the regular living subsidies he originally enjoyed shall continue to be paid for 6 months as funeral subsidies.
深化国防和军队改革期间现役军人转改的文职人员，按照本条例有关军人抚恤优待的规定执行。
Civilian personnel transferred from active servicemen during the period of deepening national defense and military reform shall be implemented in accordance with the provisions of these Regulations concerning the pension and preferential treatment for servicemen.
其他文职人员因在作战和有作战背景的军事行动中承担支援保障任务、参加非战争军事行动以及军级以上单位批准且列入军事训练计划的军事训练伤亡的抚恤优待，参照本条例的有关规定办理。
For other civilian personnel who are injured or killed due to undertaking support and guarantee tasks in combat and combat-related military operations, participating in non-war military operations, and military training approved by units at or above the military level and included in military training plans, their pension and preferential treatment shall be handled by reference to the relevant provisions of these Regulations.
本条例自2024年10月1日起施行。
These Regulations shall come into force as of2024year10month1day。