Laws of the People's Republic of China

1. Article 3 is revised as follows: "In the selection and use of officers, the principles of appointing people on their merits, stressing both political integrity and professional competence, attaching importance to actual performance and exchanging officers when appropriate shall be adhered to, and democratic supervision exercised.

2. Article 9 is revised as follows: "When the number of officers trained in military academies or schools cannot meet the needs, in peacetime, outstanding soldiers selected and trained in training institutions designated by the People's Liberation Army's general departments may be promoted to officers, or civilian college graduates and other specialized technical personnel may be enrolled into the Army and commissioned as officers; in wartime, officers may be appointed directly from among soldiers, officers called up from the reserve service and personnel of non-military departments."

3. Item (1) of Article 11 is revised as follows: "Officers from the Chief of the General Staff and the Director of the General Political Department down to the division commander shall be appointed or removed by the Chairman of the Central Military Commission."

4. Item (2) of Article 11 is revised as follows: "Officers at the level of deputy division commander (or brigade commander) and the level of regiment commander (or deputy brigade commander) and senior specialized technical officers shall be appointed or removed by the Chief of the General Staff, the Director of the General Political Department, the Director and Political Commissar of the General Logistics Department, the commanders and political commissars of the major military commands and of various services and arms, or the heads of units equivalent to the major military commands; officers at the level of regiment commander (or deputy brigade commander) in units equivalent to quasi major military commands shall be appointed or removed by the heads of those units."

5. The following paragraph is added to Article 11 as Paragraph 2: "The appointment and removal of officers described in the preceding paragraph shall be conducted in accordance with the procedures prescribed by the Central Military Commission."

6. Article 13 is revised as follows: "The maximum age for operational, political and logistics officers in combat troops in peacetime shall be:

30 for officers at the platoon level;

35 for officers at the company level;

40 for officers at the battalion level;

45 for officers at the regimental level;

50 for officers at the divisional level;

55 for officers at the corps level; and

63 for officers at the level of deputy commander of the major military command and 65 for officers at the level of commander of the major military command."

"The maximum age for officers at the battalion or regimental level aboard naval vessels shall be 45 and 50 respectively."

"The maximum age for a small number of officers at the divisional or corps level in combat troops may be appropriately extended, provided this is necessitated by work and approved by the authorities with the prescribed power for appointment and removal. However, the maximum age extention for officers at the divisional level and at the level of corps commander shall not be more than five years while the maximum age extention for officers at the level of deputy corps commander shall not be more than three years."

7. Article 14 is revised as follows: "The maximum age for officers at or below the regimental level in provincial military command (garrison command) systems, logistics bases and their branch departments, academies and schools, and scientific and technological institutions shall be determined in accordance with the provisions of the first paragraph of Article 13 of the present Regulations; the maximum age for officers at the divisional level shall be 55 and for officers at the level of deputy corps commander or corps commander shall be 58 and 60 respectively."

8. Paragraph 1 of Article 15 is revised as follows: "The maximum age for officers at or below the battalion level in the offices of the various general departments and the offices of the major military commands of the People's Liberation Army shall be determined in accordance with the provisions of the first paragraph of Article 13 of the present Regulations; the maximum age for officers at the divisional level shall be 55; the maximum age for officers at the level of deputy corps commander or corps commander shall be 58 and 60 respectively. The maximum age for officers at the regimental level in the offices of the general departments shall be 45 and may be extended for five years when necessitated by work; the maximum age for officers at the regimental level in the offices of the major military commands shall be 45, and the maximum age for a small number of such officers when necessitated by work may be extended for three years."

9. Paragraph 1 of Article 16 is revised as follows: "The maximum age for specialized technical officers in peacetime shall be:

40 for junior specialized technical officers;

48 for intermediate specialized technical officers; and

60 for senior specialized technical officers."

10. Paragraph 2 of Article 26 is revised as follows: "The disciplinary sanctions shall fall into the following categories: warning; serious warning; recording of a demerit; recording of a serious demerit; demotion to a lower post, demotion to a lower rank or grade; dismissal from post; disciplinary discharge from the military service and other disciplinary sanctions prescribed by the Central Military Commission."

11. Article 29 is revised as follows: "A system linking salary to post and military rank and a regular salary increase system shall be instituted for officers, who shall also enjoy allowances and subsidies in accordance with the relevant regulations of the State and the Army. The specific measures shall be prescribed by the Central Military Commission.

"Officers shall continue to draw their salaries, when they in accordance with the relevant regulations receive off-service training, vacation, medical treatment or recuperation, or when they wait for new assignments after being relieved of their duties."

12. Article 34 is revised as follows: "Officers shall retire from active service when they reach the maximum age for active service in peacetime."

"The maximum age for officers in active service in peacetime shall be:

55 for officers at the divisional level in combat troops; and

58 for officers at the level of deputy corps commander and 60 for officers at the level of corps commander in combat troops."

"The maximum age for officers in active service at other levels shall be the same as the maximum age for their posts."

13. Paragraph 5 of Article 37 is revised as follows: "As regards officers who have been in active service for 30 years or more, or who have been in active service and have worked for the State for a total of 30 years or more, or who are aged 50 or more at or above the divisional level may be treated as pensioners, provided that they are released from active service upon approval of their applications for retirement by the competent authorities; and those who are at the regimental level and not suitable for transference to civilian jobs or other arrangements may be treated as pensioners, provided their retirement is approved by the competent authorities."

14. Article 39 is renumbered Article 38. Article 38 is renumbered Article 39 and revised as follows: "The affairs of officers who have been retired from active service shall be administered by the government. Specific measures shall be prescribed by the State Council and the Central Military Commission." The following paragraph is added as Paragraph 2 of this Article: "The affairs of officers who have left their posts to rest or who are at or above the corps level when they retire shall be administered in accordance with relevant regulations of the State Council and the Central Military Commission."

The present Decision shall enter into effect as of the date of promulgation.