(1988年9月23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第14号令发布 根据1993年4月27日《国务院、中央军事委员会关于修改〈中国人民解放军现役士兵服役条例〉的决定》第一次修订 根据1999年6月30日《国务院、中央军事委员会关于修改〈中国人民解放军现役士兵服役条例〉的决定》第二次修订 2010年7月21日国务院第120次常务会议、2010年3月29日中央军事委员会常务会议修订通过)
(Issued by Order No. 14 of the State Council of the People's Republic of China and the Central Military Commission of the People's Republic of China on September 23, 1988; first revised in accordance with the Decision of the State Council and the Central Military Commission on Amending the Regulations on the Service of Active-Duty Soldiers of the Chinese People's Liberation Army on April 27, 1993; second revised in accordance with the Decision of the State Council and the Central Military Commission on Amending the Regulations on the Service of Active-Duty Soldiers of the Chinese People's Liberation Army on June 30, 1999; revised and adopted at the 120th executive meeting of the State Council on July 21, 2010 and the standing meeting of the Central Military Commission on March 29, 2010)
总则
General Provisions
为了完善士兵服役制度,提高士兵队伍素质,加强中国人民解放军的革命化、现代化、正规化建设,根据《中华人民共和国兵役法》的有关规定,制定本条例。
These Regulations are formulated in accordance with the relevant provisions of the Military Service Law of the People's Republic of China for the purpose of improving the soldier service system, enhancing the quality of the soldier contingent, and strengthening the revolutionization, modernization, and regularization of the Chinese People's Liberation Army.
现役士兵是依照法律规定,经兵役机关批准服现役,并依照本条例规定被授予相应军衔的义务兵和士官。
Active-duty soldiers are conscripts and non-commissioned officers who, in accordance with legal provisions, have been approved by military service authorities to serve on active duty and have been awarded corresponding ranks in accordance with these Regulations.
士兵必须牢固树立当代革命军人核心价值观,忠于中国共产党,忠于祖国,热爱社会主义,全心全意为人民服务;忠于职守,刻苦钻研军事技术,熟练掌握武器装备,具备执行多样化军事任务的过硬本领;严格遵守国家的法律、法规和军队的条令、条例,尊重领导,服从命令,听从指挥;随时准备打仗,抵抗侵略,保卫祖国。
Soldiers must firmly establish the core values of contemporary revolutionary soldiers, be loyal to the Communist Party of China, loyal to the motherland, love socialism, and serve the people wholeheartedly; be devoted to their duties, diligently study military technology, proficiently master weapons and equipment, and possess excellent capabilities to execute diversified military tasks; strictly abide by national laws, regulations, and military rules and regulations, respect leaders, obey orders, and follow commands; be ready to fight at any time, resist aggression, and defend the motherland.
中国人民解放军总参谋部(以下简称总参谋部)主管全军的兵员工作,各级司令机关主管本单位的兵员工作。
The General Staff Department of the Chinese People's Liberation Army (hereinafter referred to as the General Staff Department) is responsible for the military personnel work of the entire army, and the command organs at all levels are responsible for the military personnel work of their respective units.
国务院有关部门和地方各级人民政府,依照本条例以及有关法律、法规的规定,协助军队做好兵员工作。
The relevant departments of the State Council and local people's governments at all levels shall, in accordance with these Regulations and relevant laws and regulations, assist the military in carrying out military personnel work.
士兵的服现役管理
Management of Soldiers' Active Service
公民依照法律规定,在中国人民解放军履行兵役义务,必须经县级兵役机关批准。
Citizens who perform military service obligations in the Chinese People's Liberation Army in accordance with legal provisions must be approved by the military service authorities at the county level.
士兵服现役的时间,自兵役机关批准服现役之日起,至部队下达退役命令之日止计算。
The period of active service for a soldier shall be calculated from the date of approval of active service by the military service authority to the date of issuance of the retirement order by the unit.
义务兵服现役的期限为2年。
The term of active service for conscripts is 2 years.
士官从服现役期满的义务兵中选取,或者从军队院校毕业的士官学员中任命,也可以从非军事部门具有专业技能的公民中直接招收。士官必须具备下列基本条件:
Non-commissioned officers are selected from conscripts who have completed their term of active service, or appointed from among graduates of military academies who are non-commissioned officer cadets, or may be directly recruited from citizens with professional skills in non-military sectors. Non-commissioned officers must meet the following basic conditions:
(一)志愿献身国防事业;
(1) Volunteer to devote themselves to the cause of national defense;
(二)能胜任本职工作;
(2) Be competent for the duties of the position;
(三)具有初中毕业以上文化程度;
(3) Have an educational level of junior high school graduation or above;
(四)身体健康,品行良好。
(4) Be in good health and of good conduct.
士官实行分级服现役制度。士官分级服现役年限为:初级士官最高6年,中级士官最高8年,高级士官可以服现役14年以上。初级士官、中级士官在本级最高服现役年限内,按照岗位编制规定确定服现役时间。
Non-commissioned officers implement a graded active service system. The service periods for graded non-commissioned officers are: junior NCOs up to 6 years, intermediate NCOs up to 8 years, and senior NCOs may serve for 14 years or more. Within the maximum service period of their respective grade, junior and intermediate NCOs determine their service time according to the provisions of post establishment.
士官分级服现役的批准权限为:初级士官由团(旅)级单位批准;中级士官由师(旅)级单位批准;高级士官由军级单位批准,批准前应当逐级上报总参谋部兵员工作主管部门审核。
The approval authority for graded service of non-commissioned officers is: junior NCOs approved by units at the regiment (brigade) level; intermediate NCOs approved by units at the division (brigade) level; senior NCOs approved by units at the army level, and before approval, they shall be reported level by level to the personnel department of the General Staff Department for review.
各单位应当将批准的士官逐级上报总参谋部兵员工作主管部门登记注册。
Each unit shall report the approved non-commissioned officers level by level to the personnel department of the General Staff Department for registration.
士官担任除副班长、班长以外的分队行政或者专业技术领导、管理职务的,必须经军事院校培训。
Non-commissioned officers who hold administrative or technical leadership or management positions in units other than deputy squad leader or squad leader must undergo training at military academies.
士官担任专业技术工作职务的,应当经相应专业技术培训,并达到规定的技能等级标准。
Non-commissioned officers serving in technical positions shall undergo corresponding professional technical training and meet the prescribed skill grade standards.
直接从非军事部门具有专业技能的公民中招收的士官,应当经入伍训练和任职培训。
Non-commissioned officers recruited directly from non-military departments with professional skills shall undergo enlistment training and job-specific training.
士兵担任副班长、班长或者相当于班长职务的,由营级单位的主官任免。
Soldiers serving as deputy squad leader, squad leader, or equivalent positions shall be appointed or removed by the chief of the battalion-level unit.
战斗中,因伤亡影响作战指挥时,连级单位的主官可以任命副班长、班长或者相当于班长的职务,但战斗间隙应当立即上报备案。
During combat, when casualties affect combat command, the chief of the company-level unit may appoint deputy squad leaders, squad leaders, or equivalent positions, but shall immediately report for record during combat intervals.
士官担任除副班长、班长以外的分队行政或者专业技术领导、管理职务的,由团(旅)级单位的主官任免。
Non-commissioned officers serving in administrative or technical leadership or management positions other than deputy squad leader or squad leader shall be appointed or removed by the chief of the regiment (brigade)-level unit.
士兵的调配使用,应当严格按照编制的规定执行。
The deployment and use of soldiers shall strictly comply with the provisions of the establishment.
士兵在军、师(旅)、团级单位范围内调动的,由调入和调出单位的共同上一级司令机关批准;在军区级单位范围内跨军级单位调动的,由军区级单位司令机关兵员工作主管部门批准;跨军区级单位调动的,由总参谋部兵员工作主管部门批准。
Transfers of soldiers within the scope of army, division (brigade), and regiment-level units shall be approved by the common superior command organ of the transferring and receiving units; transfers across army-level units within the military region-level scope shall be approved by the soldier work department of the command organ of the military region-level unit; transfers across military region-level units shall be approved by the soldier work department of the General Staff Department.
新入伍的士兵,必须经入伍训练;专业技术兵必须经3个月以上的专业技术培训;班长必须经3个月以上的集训。
Newly enlisted soldiers must undergo enlistment training; technical soldiers must undergo professional technical training for more than 3 months; squad leaders must undergo centralized training for more than 3 months.
部队应当每年对士兵进行综合考评,考评结果作为士兵使用、晋升、奖惩和选取士官的依据。
Units shall conduct comprehensive performance evaluations of soldiers annually, and the evaluation results shall serve as the basis for soldier utilization, promotion, rewards and punishments, and selection as non-commissioned officers.
士兵的军衔
Soldier Ranks
士兵军衔按照兵役性质分为:
Soldier ranks are classified according to the nature of military service as:
(一)士官:一级军士长、二级军士长、三级军士长、四级军士长、上士、中士、下士;
(1) Non-commissioned officers: First Class Sergeant Major, Second Class Sergeant Major, Third Class Sergeant Major, Fourth Class Sergeant Major, Senior Sergeant, Sergeant, Junior Sergeant;
(二)义务兵:上等兵、列兵。
(2) Conscripts: Senior Private, Private.
士兵军衔按照军衔等级分为:
Soldier ranks are classified according to rank grade as:
(一)高级士官:一级军士长、二级军士长、三级军士长;
(1) Senior non-commissioned officers: First Class Sergeant Major, Second Class Sergeant Major, Third Class Sergeant Major;
(二)中级士官:四级军士长、上士;
(2) Intermediate non-commissioned officers: Fourth Class Sergeant Major, Senior Sergeant;
(三)初级士官:中士、下士;
(3) Junior non-commissioned officers: Sergeant, Junior Sergeant;
(四)兵:上等兵、列兵。
(4) Soldiers: Senior Private, Private.
士兵军衔中,列兵为最低军衔,一级军士长为最高军衔。
Among soldier ranks, Private is the lowest rank and First Class Sergeant Major is the highest rank.
海军、空军士兵的军衔前分别冠以“海军”、“空军”。
The ranks of soldiers in the Navy and Air Force shall be prefixed with 'Navy' and 'Air Force' respectively.
士兵军衔的授予、晋升,以本人所任职务、服现役年限和德才表现为依据。
The award and promotion of soldier ranks shall be based on the individual's position, length of active service, and moral and professional performance.
士兵军衔的授予、晋升:
Award and promotion of soldier ranks:
(一)兵:服现役第一年的义务兵,授予列兵军衔;服现役第二年的列兵,晋升为上等兵。
(1) Privates: Conscripts in their first year of active service are awarded the rank of Private; Privates in their second year of service are promoted to Private First Class.
(二)初级士官:上等兵服现役期满选取为初级士官的,晋升为下士;下士期满3年继续服现役的,晋升为中士。
(2) Junior Non-Commissioned Officers: Private First Class who have completed their service term and are selected as junior NCOs are promoted to Corporal; Corporals who have served for 3 years and continue service are promoted to Sergeant.
(三)中级士官:中士服现役期满3年选取为中级士官的,晋升为上士;上士期满4年继续服现役的,晋升为四级军士长。
(3) Mid-Level Non-Commissioned Officers: Sergeants who have completed 3 years of service and are selected as mid-level NCOs are promoted to Staff Sergeant; Staff Sergeants who have served for 4 years and continue service are promoted to Master Sergeant Fourth Class.
(四)高级士官:四级军士长服现役期满4年选取为高级士官的,晋升为三级军士长;三级军士长期满4年继续服现役的,晋升为二级军士长;二级军士长期满4年继续服现役的,晋升为一级军士长。
(4) Senior Non-Commissioned Officers: Master Sergeants Fourth Class who have completed 4 years of service and are selected as senior NCOs are promoted to Master Sergeant Third Class; Master Sergeants Third Class who have served for 4 years and continue service are promoted to Master Sergeant Second Class; Master Sergeants Second Class who have served for 4 years and continue service are promoted to Master Sergeant First Class.
直接从非军事部门具有专业技能的公民中招收的士官,首次授予的军衔等级,根据其在普通高等学校学习时间和从事本专业工作时间确定。
For NCOs directly recruited from non-military sectors with professional skills, the initial rank awarded shall be determined based on their study time in regular institutions of higher education and their work experience in the relevant profession.
军队院校士官学员毕业时的军衔晋升,比照其同年入伍士官的军衔等级确定。
For soldier students graduating from military academies, the rank promotion shall be determined by comparison with the rank of soldiers who enlisted in the same year.
士兵军衔应当按照规定的服现役年限晋升;服现役第一年的列兵被任命为班长职务的,晋升为上等兵军衔。
Soldier ranks shall be promoted according to the prescribed length of active service; if a Private in the first year of service is appointed as squad leader, they shall be promoted to Private First Class.
士兵军衔授予、晋升的批准权限:
The approval authority for the award and promotion of soldier ranks:
(一)一级军士长、二级军士长由军区级单位司令机关批准;三级军士长由军级单位的主官批准;四级军士长、上士由师(旅)级单位的主官批准;中士、下士由团(旅)级单位的主官批准。
(1) Master Sergeant First Class and Master Sergeant Second Class are approved by the command organ of a military region-level unit; Master Sergeant Third Class is approved by the chief of a corps-level unit; Master Sergeant Fourth Class and Senior Sergeant are approved by the chief of a division (brigade)-level unit; Sergeant and Corporal are approved by the chief of a regiment (brigade)-level unit.
(二)兵的军衔由连级单位的主官批准;服现役第一年的列兵担任班长职务晋升为上等兵军衔的,由营级单位的主官批准。
(2) The rank of a soldier is approved by the chief of a company-level unit; if a Private in the first year of active service serves as squad leader and is promoted to Private First Class, the promotion is approved by the chief of a battalion-level unit.
兵的军衔的授予、晋升,由连级单位的主官队前宣布;士官军衔的授予、晋升,由批准单位的主官以命令下达。
The award and promotion of a soldier's rank shall be announced before the unit by the chief of a company-level unit; the award and promotion of a non-commissioned officer's rank shall be ordered by the chief of the approving unit.
士兵在院校和训练机构学习期间军衔的晋升,由本人隶属单位办理。
The promotion of a soldier's rank during a period of study at an academy or training institution shall be handled by the unit to which the soldier belongs.
士兵住院治疗期间军衔的晋升,由原单位办理。士兵因病和非因公致伤致残住院或者病休时间,连续计算超过半年的,军衔暂缓晋升,暂缓期限不得少于半年;医疗终结后符合条件继续服现役的,应当按期晋升。
The promotion of a soldier's rank during hospitalization for medical treatment shall be handled by the original unit. If a soldier is hospitalized or on sick leave due to illness or non-duty-related injury or disability for a continuous period exceeding half a year, the rank promotion shall be postponed for a period of not less than half a year; if after medical treatment the soldier meets the conditions and continues active service, the promotion shall be made on schedule.
士兵涉嫌违法违纪被依法审查期间,军衔暂不晋升;经审查没有违法违纪情形的,应当按期晋升。
If a soldier is under investigation for suspected violations of law or discipline, the rank promotion shall be temporarily suspended; if after investigation no violation of law or discipline is found, the promotion shall be made on schedule.
军衔高的士兵与军衔低的士兵,军衔高的为上级。军衔高的士兵在职务上隶属于军衔低的士兵的,职务高的为上级。
A soldier with a higher rank is the superior of a soldier with a lower rank. If a soldier with a higher rank is subordinate in duty to a soldier with a lower rank, the one with the higher duty position is the superior.
士兵必须按照规定佩带与其军衔相符的军衔标志。
Soldiers must wear rank insignia corresponding to their ranks as prescribed.
士兵军衔的授予、晋升办法,由总参谋部规定。
The measures for the award and promotion of soldier ranks shall be prescribed by the General Staff Department.
士兵的奖惩
Rewards and Punishments for Soldiers
对在作战、训练、执勤和工作中表现突出,取得显著成绩,以及为国家和人民做出其他较大贡献的士兵,应当给予奖励。奖励的项目、条件、批准权限和实施程序按照中央军事委员会的规定执行。
Soldiers who have demonstrated outstanding performance, achieved significant results in combat, training, duty, and work, or made other substantial contributions to the country and the people, shall be given rewards. The items, conditions, approval authority, and implementation procedures for rewards shall be carried out in accordance with the regulations of the Central Military Commission.
对违反纪律和故意或者过失给国家、军队和人民造成损失,或者在群众中产生不良影响的士兵,应当给予处分。处分的项目、条件、批准权限和实施程序按照中央军事委员会的规定执行。
Soldiers who violate discipline, intentionally or negligently cause losses to the country, the military, or the people, or have a negative impact among the masses, shall be given punishments. The items, conditions, approval authority, and implementation procedures for punishments shall be carried out in accordance with the regulations of the Central Military Commission.
士兵在服现役期间,受除名处分的,由批准机关出具证明并派专人将其档案材料送回原征集地县级兵役机关;受开除军籍处分的,由批准机关出具证明并派专人遣送,地方人民政府应当予以接收。
If a soldier is subjected to the punishment of expulsion during active service, the approving authority shall issue a certificate and send personnel to return the soldier's file materials to the county-level military service agency of the original place of recruitment; if a soldier is subjected to the punishment of dismissal from military status, the approving authority shall issue a certificate and send personnel to repatriate the soldier, and the local people's government shall accept the soldier.
士兵的待遇
Treatment of Soldiers
义务兵享受供给制生活待遇,按照军衔和服现役年限发给津贴。
Conscripts shall enjoy the supply-based living treatment and receive allowances according to their military rank and length of active service.
士官实行工资制和定期增资制度,其基本工资由军衔级别工资、军龄工资组成,并按照国家和军队的有关规定享受津贴和补贴。
Non-commissioned officers shall implement a salary system and a regular salary increase system. Their basic salary shall consist of rank-level salary and length-of-service salary, and they shall enjoy allowances and subsidies in accordance with relevant state and military regulations.
士兵享受国家和军队规定的保险待遇。
Soldiers shall enjoy insurance treatment as stipulated by the state and the military.
担任副班长、班长或者相当于班长职务和担任分队行政或者专业技术领导、管理职务的士兵,按照规定发给职务津贴。
Soldiers serving as deputy squad leader, squad leader, or equivalent positions, and those serving in unit administrative or professional technical leadership or management positions, shall be given position allowances in accordance with regulations.
士兵代理军官职务期间,按照规定发给与其代理职务相应的岗位津贴。
During the period when a soldier acts as an officer, the soldier shall be given a post allowance corresponding to the acting position in accordance with regulations.
士兵在服现役期间,享受公费医疗待遇。有关部门按照规定妥善安排特殊岗位士兵的疗养。
During active service, soldiers shall enjoy free medical treatment. Relevant departments shall properly arrange recuperation for soldiers in special positions in accordance with regulations.
士兵家庭生活有困难的,可以给予适当补助。
If a soldier's family has financial difficulties, appropriate subsidies may be granted.
士官家属的随军、就业、工作调动和士官子女教育,享受国家和社会的优待。
The relocation, employment, job transfer of NCO family members, and education of NCO children shall receive preferential treatment from the state and society.
高级士官以及其他符合国家规定条件的士官,经师(旅)级以上单位的政治机关批准,其配偶和未成年的子女、无独立生活能力的子女可以随军,是农村户口的转为城镇户口,当地人民政府应当准予落户。部队移防或者士官工作调动的,随军家属可以随调。
For senior NCOs and other NCOs meeting the conditions prescribed by the state, upon approval by the political organ at or above the division (brigade) level, their spouses, minor children, and children without independent living ability may relocate with the military. If they have rural household registration, it shall be converted to urban household registration, and the local people's government shall grant household registration. When the unit is relocated or the NCO is transferred, the accompanying family members may move accordingly.
士官家属符合随军条件未随军的,由军队发给分居补助费和医疗补助费。
If an NCO's family members meet the conditions for relocation but do not relocate, the military shall provide separation allowance and medical subsidy.
士官牺牲、病故的,其随军家属移交人民政府安置管理,按照国务院、中央军事委员会关于牺牲、病故军官的随军家属移交人民政府安置管理的规定执行。
If an NCO dies in service or from illness, their accompanying family members shall be transferred to the local people's government for resettlement and management, in accordance with the provisions of the State Council and the Central Military Commission regarding the transfer and resettlement of accompanying family members of officers who died in service or from illness.
士官按照国家和军队的有关规定,享受住房补贴、住房公积金和房租补贴。家属随军的士官,实行公寓住房与自有住房相结合的住房政策,具体办法由军队有关总部规定。
NCOs shall enjoy housing subsidies, housing provident funds, and rent subsidies in accordance with relevant state and military regulations. For NCOs with accompanying family members, a housing policy combining apartment housing and self-owned housing shall be implemented, with specific measures prescribed by the relevant military headquarters.
士官未随军配偶来队探亲,由团级以上单位按照规定提供临时来队住房。
If an NCO's non-accompanying spouse visits for family reunion, the unit at or above the regiment level shall provide temporary housing in accordance with regulations.
士官按照下列规定,享受探亲假和休假的待遇:
NCOs shall enjoy home leave and vacation benefits according to the following provisions:
(一)未婚士官与父母不在一地生活的,下士任期内享受两次探望父母假,每次假期20日;中士以上士官每年享受一次探望父母假,假期30日。已婚士官与父母不在一地生活的,每两年享受一次探望父母假,假期20日。
(1) For unmarried NCOs who do not live in the same place as their parents, junior NCOs shall enjoy two visits to parents during their term, each leave lasting 20 days; NCOs at the rank of intermediate NCO and above shall enjoy one visit to parents each year, with a leave of 30 days. Married NCOs who do not live in the same place as their parents shall enjoy one visit to parents every two years, with a leave of 20 days.
(二)已婚士官与配偶不在一地生活的,每年享受一次探望配偶假,假期40日。
(2) For married NCOs who do not live in the same place as their spouse, they shall enjoy one visit to spouse each year, with a leave of 40 days.
(三)已婚士官与配偶、父母不在一地生活,但其配偶与其父母或者父母一方居住在一地的,只享受探望配偶的假期;与配偶、父母均不在一地生活,一年内同时符合探望配偶和探望父母条件的,只享受一次探亲假,假期45日。
(3) For married non-commissioned officers who do not live with their spouse and parents in the same place, but whose spouse lives with their parents or one of the parents in the same place, they are only entitled to leave to visit their spouse; if they do not live with their spouse and parents in the same place and meet the conditions for visiting both spouse and parents within one year, they are only entitled to one home visit leave of 45 days.
(四)不享受探望父母假和探望配偶假的高级士官,每年享受一次休假,服现役不满20年的假期20日,满20年的假期30日。
(4) Senior non-commissioned officers who are not entitled to leave to visit parents or spouse are entitled to one annual vacation: 20 days if they have served less than 20 years, and 30 days if they have served 20 years or more.
士官探亲假期不含途中时间,往返路费按照规定的标准报销。
The home visit leave for non-commissioned officers does not include travel time, and round-trip travel expenses are reimbursed according to the prescribed standards.
对在高原、边海防和特殊岗位工作的士官,可以适当增加假期,具体办法由总参谋部规定。
For non-commissioned officers working in high-altitude, border, coastal, and special positions, the leave period may be appropriately increased, with specific measures to be prescribed by the General Staff Department.
执行作战任务的部队的士官停止探亲和休假。国家发布动员令或者部队紧急战备需要召回时,正在探亲、休假的士官应当立即结束探亲、休假,返回本部。
Non-commissioned officers in units performing combat missions shall suspend home visit leave and vacation. When a national mobilization order is issued or the unit is urgently required for combat readiness, non-commissioned officers on home visit leave or vacation shall immediately end their leave and return to their unit.
士兵退出现役
Discharge of Soldiers from Active Service
士兵符合下列条件之一的,应当退出现役:
A soldier shall be discharged from active service if they meet one of the following conditions:
(一)义务兵服现役期满未被选取为士官的;
(1) Conscripts whose active service period has expired and have not been selected as non-commissioned officers;
(二)士官服现役满本级规定最高年限未被选取为高一级士官的,在本级服现役期限内因岗位编制限制不能继续服现役的;
(2) Non-commissioned officers who have served the maximum number of years prescribed for their current rank and have not been selected for the next higher rank, or who cannot continue to serve within the prescribed service period due to position establishment restrictions;
(三)服现役满30年需要退出现役的或者年满55周岁的;
(3) Those who have served for 30 years and need to be discharged, or who have reached the age of 55.
(四)因战、因公、因病致残被评定残疾等级后,不能坚持正常工作的;
(4) Having been assessed with a disability grade due to war, duty, or illness and unable to persist in normal work;
(五)患病医疗期满或者医疗终结,经军队医院证明和军级以上单位卫生部门审核确认,不适宜继续服现役的;
(5) After the expiration of medical treatment for illness or upon medical conclusion, certified by a military hospital and confirmed by the health department at or above the corps level, as unfit for continued active service;
(六)因军队编制调整需要退出现役的;
(6) Needing to be discharged due to adjustments in military organization;
(七)因国家建设需要退出现役的;
(7) Needing to be discharged due to national construction needs;
(八)士兵家庭成员遇有重大疾病、遭受重大灾难等变故,确需本人维持家庭正常生活,经士兵家庭所在地的县级人民政府退役士兵安置工作主管部门证明,经师(旅)级以上单位司令机关批准退出现役的;
(8) The soldier's family members encounter major illness, major disaster, or other changes that indeed require the soldier to maintain normal family life, certified by the county-level people's government's department for the placement of discharged soldiers, and approved by the command organ at or above the division (brigade) level for discharge;
(九)其他原因不适宜继续服现役,经师(旅)级以上单位司令机关批准退出现役的。
(9) Other reasons making it unsuitable to continue active service, approved by the command organ at or above the division (brigade) level for discharge.
服现役期限未满的义务兵,符合《中华人民共和国兵役法》第二十条和其他有关规定的,经师(旅)级以上单位司令机关批准,可以提前退出现役。
Conscripts whose active service term has not expired, meeting the provisions of Article 20 of the Military Service Law of the People's Republic of China and other relevant regulations, may be discharged early with the approval of the command organ at or above the division (brigade) level.
战时,士兵因伤病住院治疗后,经医院证明不宜继续服现役的,不再介绍回原部队,由军队医院或者后方团级以上单位办理手续退出现役。
During wartime, soldiers who, after hospitalization for injury or illness, are certified by the hospital as unfit for continued active service shall not be returned to their original unit; they shall be discharged from active service by the military hospital or the rear unit at or above the regiment level.
士兵退出现役时,按照规定发给退出现役补助费;患有慢性病的,按照规定发给医疗补助费。
When soldiers are discharged from active service, they shall be given a discharge allowance according to regulations; those suffering from chronic diseases shall be given a medical allowance according to regulations.
士兵退出现役在返家途中违法违纪的,沿途军事机关应当协助当地有关部门劝阻制止;构成犯罪的,由当地司法机关依法处理。
If a soldier commits illegal or disciplinary violations during the return journey after discharge, military organs along the way shall assist local authorities in dissuading and stopping such acts; if a crime is constituted, the local judicial organs shall handle it according to law.
退伍义务兵和复员士官,应当自部队下达退役命令之日起30日内到安置地的退役士兵安置工作主管部门报到;评定残疾等级的,应当在60日内向安置地的县级人民政府主管部门申请转接抚恤关系。
Demobilized conscripts and demobilized non-commissioned officers shall report to the resettlement work department for demobilized soldiers at the place of resettlement within 30 days from the date the military unit issues the demobilization order; those who have been assessed with a disability rating shall apply to the competent department of the county-level people's government at the place of resettlement for transfer of the pension relationship within 60 days.
对退出现役的士兵,按照国家有关规定妥善安置。
Soldiers who are discharged from active service shall be properly resettled in accordance with the relevant provisions of the state.
士兵退出现役时,按照《中华人民共和国兵役法》的有关规定服预备役的,由部队确定其预备役军衔。
When a soldier is discharged from active service, if he is required to serve in the reserve service in accordance with the relevant provisions of the Military Service Law of the People's Republic of China, the military unit shall determine his reserve service rank.
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.
本条例自2010年8月1日起施行。
These Regulations shall come into force as of August 1, 2010.