|
(Promulgated on October 16th, 2002 by Decree No.126 of the
Shanghai Municipal People' s Government)
Chapter I General Provisions
Article 1 (Purpose and Basis)
With a view to well completing the job of
placing soldiers released from military service and safeguarding their
legitimate rights
and interests, these Procedures are formulated in accordance
with the "Law of the People' s Republic of China on Military Service"
, the
"Regulations on the Placement of Demobilized Compulsory Servicemen" promulgated
by the State Council, and the "Regulations
of Shanghai Municipality on
Conscription" , and in the light of the actual circumstances of this
Municipality.
Article 2 (Scope of Application)
These Procedures are
applicable to the acceptance and placement in this Municipality of soldiers
released from military service
(hereinafter referred to as ex-soldiers) in the
Chinese People' s Liberation Army and the Chinese People' s Armed
Police.
Article 3 (Meaning)
The ex-soldiers as referred to in these
Procedures include:
(1) Demobilized compulsory servicemen,
(2) Demobilized
non-commissioned officers, and
(3) Non-commissioned officers transferred to
civilian work.
Article 4 (Functional Departments)
The work of placement of
ex-soldiers shall be conducted under the leadership of the people' s governments
at various levels.
The Municipal Civil Affairs Bureau (hereinafter referred
to as the Municipal Placement Department) is the competent administrative
department of the work of placement of ex-soldiers. The district / county civil
affairs departments (hereinafter referred to as
district / county placement
departments) shall be specifically responsible for the work of placement of
ex-soldiers within their
respective administrative areas.
The administrative
departments of labour security, personnel, public security, taxation,
conscription, industry and commerce administration,
and education, etc., shall
do well the work relevant to the placement of ex-soldiers in accordance with
their respective functions
and duties.
Article 5 (Principle of
Placement)
The placement of ex-soldiers shall be conducted in the principle
of "where from, where to" and through the method of mandatory
placement combined
with two-way choice by ex-soldiers and accepting units.
The ex-soldiers shall
be encouraged to seek employment on their own.
Chapter II Acceptance
Article 6 (Administration of Acceptance)
Soldiers approved to be released
from active military service under the provisions of the State Council and the
Central Military
Commission of the CPC shall be accepted and placed by the
municipal and district / county placement departments if they meet the
conditions of acceptance.
Ex-soldiers who were conscripted in this
Municipality shall generally be accepted by the district / county placement
departments
in the original conscription areas, or by the district / county
placement departments in the areas of their parents' or spouses'
registered
permanent residence at the time of their release.
Ex-soldiers who were not
conscripted in this Municipality shall be accepted in accordance with the
following provisions:
(1) Unmarried non-commissioned officers transferred to
civilian work, unmarried demobilized non-commissioned officers who were
conscripted
not at jobs and demobilized compulsory servicemen who were
conscripted not at jobs, whose parents had their registered permanent
residence
moved to this Municipality during the time of their military service, shall be
accepted by the district / county placement
departments in the areas of their
parents' registered permanent residence;
(2) Demobilized non-commissioned
officers and non-commissioned officers transferred to civilian work shall be
accepted by the district
/ county placement departments in the areas of their
spouses' registered permanent residence if their spouses have registered
permanent residence in this Municipality and if they have been married for not
less than two years; and
(3) In other special cases as provided by the state,
the ex-soldiers who are approved by the Municipal Placement Department to be
accepted by this Municipality shall be accepted by the district / county
placement departments designated by the Municipal Placement
Department.
Article 7 (Acceptance Procedure)
Ex-soldiers shall register at
the district / county placement departments in charge of acceptance within 30
days of approval to
be released from military service by the military
units.
The district / county placement departments shall complete the
examination within 30 days of receiving the soldiers' files, and
issue a written
notice of acceptance to those soldiers who meet the conditions of acceptance,
and inform in writing those soldiers
of non-acceptance if they do not meet the
conditions of acceptance, and have their files returned to the original military
units.
After receiving the written notice of acceptance, the ex-soldiers
shall go through the relevant procedure at the district / county
placement
departments in accordance with the requirements indicated by the written notice.
The district/county placement departments
shall handle the case within 3 working
days.
Article 8 (Procedure for Registering Permanent
Residence)
Ex-soldiers shall go through the procedure for registering
permanent residence at the designated departments of public security with
the
testimonials issued by the district / county placement departments.
Article 9
(Special Provisions on Registering Non-agricultural Permanent
Residence)
Non-commissioned officers transferred to civilian work may
register non-agricultural permanent residence after release from military
service if they had registered agricultural permanent residence before
conscription.
Non-commissioned officers who had registered agricultural
permanent residence before conscription may register non-agricultural permanent
residence if they meet the requirements of transference to civilian work and
have had their request for transference approved by
the military
unit.
Article 10 (Special Provisions for Change from Agricultural to
Non-agricultural Registered Permanent Residence)
Demobilized compulsory
servicemen and demobilized non-commissioned officers may, with the approval of
the district / county placement
departments, change to non-agricultural
registered permanent residence if they meet one of the following
requirements:
(1) Those who have individually been awarded honorary titles
during service by the greater military areas or higher military units,
or have
won Merit Citation Class II or above;
(2) Those who have individually won
Merit Citation Class III during service for fighting against enemies, for
rushing to deal with
emergencies and provide disaster relief, and for doing
boldly what is righteous, or have won twice the Merit Citations Class III
for
other reasons;
(3) Those who have become disabled for engaging in military
action, or on duty, or for disease, and have been established by the
military
unit as Disability Class III or above, or have been appraised by the department
of work ability appraisal in this Municipality
as having partly or largely lost
the ability to work although they have not been established as disabled by the
military unit;
(4) Those whose families have changed to non-agricultural
registered permanent residence during their service in accordance with
the
relevant provisions of the State and this Municipality;
(5) Those who are
orphans of martyrs or whose brother or sister has succeeded them in serving in
the army;
(6) Those whose parents had both died before conscription;
and
(7) Trainee pilots who have been released from military service for being
physically unfit for flying and diagnosed as such by an
army hospital above the
regiment level and testified by the aviation school.
Chapter III Placement
Article 11 (Placement Duty of the Units)
All departments, organizations,
enterprises and institutions (hereinafter referred to as units) in this
Municipality, with no distinction
of system of ownership and organizational
form, have the duty to place ex-soldiers.
Article 12 (Ways of
Placement)
All the following groups of ex-soldiers, excluding those who shall
not be arranged for employment as provided by the State and this
Municipality,
or those who will seek employment on their own, shall be arranged for employment
by the district / county placement
departments:
(1) Non-commissioned officers
transferred to civilian work;
(2) Demobilized compulsory servicemen and
demobilized non-commissioned officers who had non-agricultural registered
permanent residence
before conscription; and
(3) Demobilized compulsory
servicemen and demobilized non-commissioned officers who have changed from
agricultural registered permanent
residence to non-agricultural registered
permanent residence and have won a Merit Citation Class II and above, or have
been established
as Disability Class II or Class III during service.
The
following groups of ex-soldiers shall be properly arranged for their production
and living by the township and town people'
s governments:
(1) Demobilized
compulsory servicemen and demobilized non-commissioned officers who have
registered agricultural permanent residence;
(2) Demobilized compulsory
servicemen and demobilized non-commissioned officers who have changed from
registered agricultural permanent
residence to registered non-agricultural
permanent residence, except those as provided by item (3) in the preceding
clause; and
(3) Demobilized non-commissioned officers who had registered
agricultural permanent residence and who now meet the requirements of
transference to civilian work and can register non-agricultural permanent
residence.
Article 13 (Arranging Quotas for Employment)
In order to
arrange the employment of the ex-soldiers in the current year, the municipal
placement department shall propose the
quotas for arranging employment of
ex-soldiers for districts and counties in the current year after considering
such factors as
the economic development level on the basis of the numbers of
workers and staff members in employment at the end of the preceding
year. These
quotas shall be issued for implementation after approval by the Municipal
People' s Government.
The district and county people' s governments shall
arrange for the quotas to be implemented in the relevant units within their
respective administered areas.
Article 14 (Order of Arranging
Employment)
Ex-soldiers shall be arranged for employment in the following
order:
(1) Ex-soldiers and the accepting units shall make two-way choices
within the prescribed periods;
(2) Ex-soldiers who have not been able to seek
employment in any of the accepting units by two-way choice shall be given a
once-only
mandatory placement by the district / county placement departments
where the ex-soldiers have registered permanent residence; and
(3) Mandatory
placement across districts and counties shall be organized for implementation by
the municipal placement department.
Article 15 (Seeking Employment on their
Own)
Ex-soldiers who meet the requirements of arranged employment but desire
to seek employment on their own, shall make the demand before
the municipal or
district / county placement departments have determined the units which are to
accept them.
The district and county people' s governments shall provide
lump-sum economic subsidy and issue seeking-employment-on-one' s-own
certificates
to the ex-soldiers who desire to seek employment on their own. The specific
standards and the method of granting economic
subsidy shall be formulated by the
Municipal Civil Affairs Bureau and the Municipal Finance Bureau.
The
ex-soldiers who seek employment on their own shall register for labour manuals
at the labour departments with the seeking-employment-on-one'
s-own
certificates.
Article 16 (Resuming Employment and Posts)
Ex-soldiers who
were conscripted in employment may resume employment and their posts at the
original units. If the original unit
has merged with other unit(s), the merged
unit shall allow them to resume employment and posts. If the original unit has
split
into several ones, the ex-soldiers may choose to resume employment and
posts at one of them. Those who do not ask for the resumption
of employment and
posts shall be arranged according to Article 14 of these Procedures.
Article
17 (Resuming Schooling)
Ex-soldiers who were conscripted before finishing
schooling may resume schooling at the original schools. Those who do not ask for
the resumption of schooling shall be arranged according to Article 14 of these
Procedures.
Those who choose to resume schooling shall be regarded as those
who choose to seek employment on their own and shall be granted lump-sum
economic subsidy.
Article 18 (Placement of Disabled and Sick
Ex-soldiers)
Ex-soldiers who have been disabled in military action, on duty
or for diseases during service shall be placed in accordance with
the following
provisions:
(1) Ex-soldiers who have been established as Special Class
Disability or Disability Class I shall be placed in accordance with the
relevant
provisions of the State;
(2) Ex-soldiers who have been established as
Disability Class II or III shall be given mandatory placement with district /
county
placement departments issuing the special quotas for arranged employment.
The accepting units shall provide jobs which these soldiers
are able to
undertake.
Article 19 (Handling Cases of not Accepting
Placement)
Ex-soldiers who refuse to get introduction letters of placement,
or who have got the letters but do not report to the accepting unit
as provided,
shall not be placed for the second time and their files shall be transferred by
the placement departments to the sub-district
office or the township/town
people' s governments where they have registered permanent residence.
Chapter IV Treatments
Article 20 (Employment Treatments)
Ex-soldiers who have been arranged for
employment shall enjoy the following treatments:
(1) The unit which accepts
ex-soldiers shall include the ex-soldiers' length of military service and the
time needed for placement
into their consecutive length of employment at the
unit;
(2) Their treatments of wage, welfare and housing shall be no lower
than those of staff and workers "doing the same type of job,
at the same type of
post and having the same length of service" ;
(3) Ex-soldiers who cannot take
up the jobs as scheduled for reasons of the accepting unit shall be given
monthly living allowances
at the rate of the average monthly wage of the staff
and workers with the same length of service at the same unit from the month
when
the municipal or district / county placement departments issued the introduction
letters of placement;
(4) The unit which accepts ex-soldiers shall provide
not less than six months of time for adaptation to these ex-soldiers and shall
not implement the systems of probation or apprenticeship; and
(5) Ex-soldiers
who have been established as Disability Class II or Class III shall enjoy the
treatment of staff and workers suffering
from industrial injury in accordance
with the provisions of the State and the Municipality.
Article 21 (Treatments
in the Period of Pending Placement)
Ex-soldiers who have been arranged for
employment shall be given living allowances not lower than the subsistence level
of this
Municipality by the district / county placement departments in the
period of pending placement.
Article 22 (Treatments of Social
Insurance)
The basic social insurance ties of ex-soldiers shall be continued
or established in accordance with the provisions. Their length
of military
service and time waiting for placement shall be included into the accumulated
years of payment for the basic social
insurance together with the actual years
of payment.
Article 23 (Treatments of Placement by the
Township/town)
Demobilized compulsory servicemen and demobilized junior
non-commissioned officers who were conscripted in the rural areas shall
retain
their contracted and private plots of land during service; non-commissioned
officers at the middle level or above shall
be reassigned their contracted and
private lots of land if they do not have contracted and private plots of land
after they are
demobilized.
Ex-soldiers with registered agricultural
permanent residence who have actual housing difficulty shall be given
appropriate economic
subsidy by the district / county placement
departments.
Article 24 (Preferential Treatments in Examinations for
Employment or Enrolment)
Ex-soldiers who enter themselves for examinations to
be employed as civil servants within one year of releasing shall be given
preferential
treatment in employment.
Ex-Soldiers who enter themselves for
examinations for institutions of higher learning or secondary vocational schools
in this Municipality
within one year of releasing shall be given preferential
treatment in enrolment. The specific procedures shall be formulated by
the
Municipal Education Commission and the Municipal Civil Affairs
Bureau.
Article 25 (Participation in Vocational Training)
If ex-soldiers
who are arranged for employment participate in vocational training in the period
of pending placement, or ex-soldiers
who have registered agricultural permanent
residence participate in vocational training within one year of releasing, they
shall
be given appropriate economic subsidy by the district / county placement
departments.
Article 26 (Starting one' s Own Business)
Ex-soldiers who
desire to start their own businesses or run small privately owned industrial or
commercial enterprises shall be
given preferential treatment in accordance with
the relevant provisions of the State and this Municipality.
Chapter V Legal Liabilities
Article 27 (Penalties for Unit' s Violation of these Procedures)
Any unit
that violates these Procedures by refusing to fulfill the placement quotas, or
by refusing to accept ex-soldiers shall
be ordered to make rectifications within
the prescribed time limit by the municipal or district / county placement
departments.
The unit that fails to make rectifications within the prescribed
time limit shall be subjected to a fine of between not less than
20, 000 and not
more than 200, 000 yuan, and the person(s) in charge of the unit and the
person(s) directly liable for the matter
may be subjected to a fine of between
not less than 2, 000 and not more than 20, 000 yuan.
Article 28 (Penalties on
Law Enforcement Personnel who Violate the Law)
The administrative law
enforcement departments and personnel shall conduct administration in accordance
with the law and enforce
the law impartially. Those who have neglected duties,
abused power, acted wrongfully for selfish ends, extorted and taken bribes,
or
perverted the law, shall be given administrative punishment by the units they
belong to. The personnel whose act constitutes
a crime shall be prosecuted for
criminal liability in accordance with law.
Chapter VI Supplementary Provisions
Article 29 (Funds)
The operational funds needed for placing ex-soldiers
shall be included into the financial budgets of the governments at all
levels.
Article 30 (Effective Date)
These Procedures shall become
effective on November 16, 2002. The "Rules for the Implementation of the
Regulations of Shanghai
Municipality on the Placement of Demobilized Compulsory
Servicemen" promulgated by the Shanghai Municipal People' s Government
shall be
repealed on the same date.
|
