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Regulations on the Protection of the Rights and Interests of Military Members of Jiangxi Province

Regulations on the Protection of the Rights and Interests of Military Members of Jiangxi Province

(Summary description)Article 4 The people’s government at or above the county level shall incorporate the protection of the rights and interests of military members into the national economic and social development plan, the creation of a model city (county) with dual support, and an evaluation system for comprehensive management of social security objectives, and establish a coordination mechanism for the protection of military members’ rights and interests. To guide and urge the lower-level people's government and relevant government departments to do a good job in safeguarding the rights and interests of soldiers and soldiers, and include the funds required for the safeguard work in the fiscal budget of the same level.

Regulations on the Protection of the Rights and Interests of Military Members of Jiangxi Province

(Summary description)Article 4 The people’s government at or above the county level shall incorporate the protection of the rights and interests of military members into the national economic and social development plan, the creation of a model city (county) with dual support, and an evaluation system for comprehensive management of social security objectives, and establish a coordination mechanism for the protection of military members’ rights and interests. To guide and urge the lower-level people's government and relevant government departments to do a good job in safeguarding the rights and interests of soldiers and soldiers, and include the funds required for the safeguard work in the fiscal budget of the same level.

Information

(The 29th meeting of the Standing Committee of the 12th People’s Congress of Jiangxi Province on December 1, 2016 Approved and will take effect on January 1, 2017.)


Announcement of the Standing Committee of the Twelfth People’s Congress of Jiangxi Province


No. 118


The "Regulations on the Protection of the Rights and Interests of Military Members of Jiangxi Province" was passed by the 29th meeting of the Standing Committee of the Twelfth People’s Congress of Jiangxi Province on December 1, 2016. It is hereby announced and will come into force on January 1, 2017.


Jiangxi Provincial People’s Congress Standing Committee


December 1, 2016

  Article 1 In order to regulate the protection of the rights and interests of military members, safeguard the rights and interests of military members, and support national defense and army construction, in accordance with the "National Defense Law of the People's Republic of China", "The People's Republic of China Military Service Law", and "Regulations on Compensation and Preferential Treatment for Servicemen" and other laws and administrative regulations The regulations are formulated in accordance with the actual conditions of the province.


   Article 2 State agencies, social organizations, enterprises, institutions, and other organizations within the administrative region of this province shall perform their responsibilities and obligations to protect the legitimate rights and interests of soldiers and soldiers in accordance with the provisions of these regulations.


   Article 3 The term "soldiers" in these regulations refers to the officers (police officers), civilian cadres, soldiers and students with military status of the Chinese People's Liberation Army and the Chinese People's Armed Police Force on active duty.


   The term “military family” mentioned in these regulations refers to the military’s spouse, children, parents and other relatives who have a legal support relationship with the military.


   Retired military personnel, reserve personnel and militiamen who perform military tasks in wartime are treated as soldiers.


   Article 4 The people’s government at or above the county level shall incorporate the protection of the rights and interests of military members into the national economic and social development plan, the creation of a model city (county) with dual support, and an evaluation system for comprehensive management of social security objectives, and establish a coordination mechanism for the protection of military members’ rights and interests. To guide and urge the lower-level people's government and relevant government departments to do a good job in safeguarding the rights and interests of soldiers and soldiers, and include the funds required for the safeguard work in the fiscal budget of the same level.


   Township people's governments and sub-district offices shall do a good job in safeguarding the rights and interests of military members and military members.


   The village (resident) committee shall assist the township (town) people's government and the sub-district office to do a good job in safeguarding the rights and interests of soldiers and soldiers.


  Article 5 Relevant departments of the people's government at or above the county level mainly perform the following duties in safeguarding the rights and interests of military members:


  (1) The Civil Affairs Department is responsible for the pension and preferential treatment of military members and the placement of retired soldiers;


  (2) Human resources and social security departments are responsible for the placement of demobilized cadres and family members of the army, as well as the investigation and punishment of violations of military labor security rights and interests;


  (3) The competent education department is responsible for the education and preferential treatment of children of military personnel and college students enlisted in the army;


  (4) The competent department of health and family planning is responsible for the work related to military medical care;


  (5) The judicial administrative department is responsible for assisting the garrison troops to establish legal aid workstations for military-related rights protection, and provide legal consultation and legal aid for military members and members of the military;


  (6) Public security organs investigate and deal with criminal and public security cases that infringe on the rights and interests of soldiers and military members in accordance with the law.


   Development and reform, finance, transportation, housing and urban-rural construction, land and resources, tourism, and agriculture, and other competent departments should do a good job in safeguarding the rights and interests of military members and military members in accordance with their respective responsibilities.


  Article 6 The people’s courts at all levels shall mediate and hear cases involving disputes over the rights and interests of military members and members of the military, and exempt, reduce, or postpone the payment of litigation fees for qualified members of the military.


   People’s procuratorates at all levels should strengthen legal supervision over the handling of cases involving military personnel’s rights and interests, and prosecute crimes that endanger the military’s rights and interests in accordance with the law.


  Article 7 The People’s Armed Forces of the provinces, military districts (garrison districts), and counties (cities, districts) shall, in accordance with the relevant provisions of the state and the province, assist in safeguarding the rights and interests of military members.


  Article 8 The news media shall publicize advanced models of strengthening the army, prospering the army and supporting the army, promote the good social customs of supporting the army, and guide the whole society to jointly safeguard the rights and interests of servicemen and soldiers.


  Article 9 People's governments at all levels shall take effective measures to safeguard the honor and personal dignity of military members.


   No unit or individual shall slander, insult, or slander the image of military personnel, or detract from the reputation of military personnel.


Article 10: The county (city, district) people’s government shall display honor cards for active servicemen and families of martyrs, and organize visits and condolences to the troops and soldiers during the Spring Festival, “August 1st” and other major festivals, and during the period when the troops are performing important tasks. Military members organize farewell and welcome ceremonies during important events such as recruits enlisted and soldiers retired. The glorious card is made by the civil affairs department of the county (city, district) people's government according to the uniformly determined pattern of the province.


   If a soldier is awarded an honorary title or meritorious service, the people’s government of the place where he is registered before enlisting in the army shall organize congratulations and condolences to the military members.


Demobilized military cadres who are awarded honorary titles by the Central Military Commission during their active service are entitled to corresponding treatment in accordance with the national model workers (advanced workers); those who are awarded honorary titles or first-class merits by units of the theater (former military region) level, and Those who have been rated as national model military demobilized cadres enjoy corresponding treatment in accordance with provincial and ministerial-level model workers (advanced workers).


   For soldiers and martyrs who have won second-class merit in peacetime, third-class merit or higher in wartime, or corresponding awards, the people's government at or above the county level where their household registration is located before enlisting in the army shall record them in the local chronicles according to the criteria for entry into the log.


Soldiers who are judged as martyrs after their sacrifices should be mourned and praised by the people’s government where they were registered before joining the army; National Memorial Day, Martyrs Memorial Day, and "August 1st" Army Day and other major commemorative activities should be invited to attend representatives of the survivors of the martyrs .


   Article 11 During the active service period of conscripts, the civil affairs department of the county-level people's government where their household registration is located before enlisting in the army shall pay family preferential payments at a rate of no less than 40% of the local urban residents' per capita disposable income in the previous year. For undergraduates, college graduates, and college students who are enlisted in the army, their family preferential benefits will be issued annually by 30%, 20%, and 10% respectively on the basis of the standard that they should enjoy.


  If the country and the province have other regulations on the situation and standard for additional issuance of family preferential benefits, they shall be implemented in accordance with those regulations.


  Article 12 People's governments at all levels and relevant departments shall assist military families in solving the difficulties encountered in production and life in terms of labor force, capital, technology, and information. The county (city, district) people’s government shall promptly include military families that meet the conditions for social assistance into the scope of the social assistance system.


   Article 13 During the period of active service, conscripts and noncommissioned officers shall retain the right to contract management of rural land acquired in accordance with the law before enlisting in the army. If the contracted rural land is expropriated, requisitioned or occupied, it shall be compensated according to law.


   Conscripts and non-commissioned officers who have served in active service for less than twelve years who were members of rural collective economic organizations prior to their enlistment shall retain their membership during active service.


  Article 14 The people's government at or above the county level shall support and cooperate with the garrison troops to improve the housing conditions of military families, incorporate military families that meet local housing security conditions into the local urban housing security system, and give priority to the allocation of affordable housing or provide rental housing subsidies.


  Article 15 The human resources and social security, health and family planning departments of the people's government at or above the county level shall support the garrison troops in providing medical services for soldiers, spouses and children accompanying the army.


   Soldiers far away from military hospitals and military spouses and children with medical insurance provided by the military can choose local medical insurance designated hospitals for medical treatment with the approval of units above the military regimental level, and the relevant expenses will be settled by the approved unit and the designated hospitals that choose to seek medical treatment in accordance with regulations.


   The transfer and continuation of the basic medical insurance relationship for retired soldiers, spouses of unemployed soldiers and children of retired soldiers shall be transferred by local social insurance agencies in accordance with relevant state and military regulations.


  Article 16 The people's government at or above the county level shall make overall plans to consider the schooling needs of children of military personnel in the armed forces in its administrative area, and provide support in school settings and educational preferences, so as to create conditions for children of military personnel to receive a good education.


   Children of military personnel receiving pre-school education and compulsory education shall be arranged to attend public kindergartens, primary and secondary schools in accordance with the relevant regulations of the state and this province; apply for general senior middle schools, secondary vocational schools and ordinary colleges and universities, and enjoy preferential treatment in accordance with the relevant regulations of the state and this province.


  Article 17 Soldiers with valid certificates can enjoy the following privileges within the province:


  (1) Priority purchase of tickets when taking cars, trains, ships, civil airliners and other means of transportation;


  (2) Priority treatment when seeking medical treatment in local medical institutions;


  (3) Free use of urban buses, subways and light rails;


  (4) Free tour of parks and cultural relics protection units open to the outside world, tourist attractions and historical sites operated by state-owned units;


  (5) Free visit to public cultural service facilities such as museums, science and technology museums, memorials, and cultural centers.


   Passenger transport departments such as railways, highways, and waterways should set up special ticket windows and waiting (ship) rooms for soldiers at stations and docks where conditions permit; medical institutions with conditions should set up special windows for soldiers. If it is set up unconditionally, a military priority sign shall be set up.


   Article 18 The people's government at or above the county level shall do a good job in the employment and placement of military spouses of military personnel according to local conditions. If the spouse of a military member is a civil servant on duty or a staff member of a public institution before joining the army, they shall be resettled in accordance with relevant regulations, and the resettlement time limit shall not exceed the time set by the state and this province.


  The people's government at or above the county level shall arrange a certain number of posts in public institutions and public welfare posts for the recruitment of military spouses who meet the requirements of the post.


State-owned, state-controlled and state-owned capital-dominant enterprises shall arrange a certain percentage of quotas for the targeted recruitment of military spouses when recruiting staff; for economic retrenchment of personnel, priority should be given to retaining military spouses under the same conditions .


   Article 19 encourages and supports military spouses to work independently or start their own businesses. For self-employed or self-employed military spouses, the civil affairs, human resources, social security, and taxation departments of the people’s government in the military station shall provide free skills training, entrepreneurial guarantee loans, entrepreneurial support, and tax reductions and exemptions in accordance with relevant preferential policies; For unemployed military spouses with the military, living allowances shall be paid by the civil affairs department of the people’s government where the troops are stationed in accordance with relevant regulations of the provincial people’s government.


  Article 20 State agencies, social organizations, enterprises, institutions, and other organizations shall guarantee the rights of visiting relatives of military spouses living in the two places, allow military spouses to visit relatives in the army every year, and reimburse one round-trip travel expenses. During the visit to relatives, the salary, bonus and welfare of the military spouse may not be deducted.


   Article 21 The demobilized military cadres who meet the regulations and need to be resettled in the province shall be included in the provincial resettlement plan for demobilized military cadres. The province’s resettlement plan for demobilized military cadres is formulated and issued in accordance with relevant regulations after soliciting the opinions of relevant military agencies, units and departments, and the receiving resettlement unit shall not refuse it for any reason.


   For demobilized military cadres who are planned to be assigned, the corresponding jobs and duties shall be arranged in accordance with relevant regulations. If the state stipulates that the corresponding leadership positions should be arranged, it shall be implemented in accordance with the relevant regulations; if there are real difficulties, the corresponding non-leadership positions can be arranged, but a certain proportion of leadership positions should be arranged. Those who are resettled to work in the township people's government or sub-district office shall arrange corresponding civil servant positions in accordance with the resettlement plan.


  The allowances, subsidies, bonuses, and other life benefits and calculations of working years for demobilized cadres assigned to state agencies and institutions shall be implemented in accordance with relevant state regulations.


   The spouses and children of demobilized military cadres move with the transfer,Employment placement, transfer to school, etc., shall be arranged in accordance with relevant national and provincial regulations.


  Article 22 For cadres demobilized from the military who choose their own jobs, the people’s government at or above the county level shall provide policy advice, organize employment training, and issue retirement money in accordance with the relevant regulations of the state and this province.


  For military demobilized cadres who are engaged in self-employment or self-employment by establishing economic entities, the people's government at or above the county level shall provide preferential policies such as skill training, entrepreneurship support, tax reduction and exemption in accordance with relevant regulations.


  Article 23 Retired soldiers who meet one of the following conditions shall be arranged by the people’s government:


  (1) Non-commissioned officers who have served in active service for twelve years;


  (2) During the active service period, those who have won the second-class merit or above or won the third-class merit or above during the war;


  (3) Disabled due to war and assessed as grade 5 to grade 8 disability;


   (four) belongs to the children of martyrs.


  Counties (cities, districts) where the people's governments of counties (cities, districts) arrange for retired soldiers to have a heavier task, the people's government at the next higher level shall make overall arrangements within the administrative area.


   The people's government of the resettlement place shall complete the task of arranging the work of the retired soldiers this year within six months of receiving the retired soldiers. When the retired soldiers are waiting to be arranged for work, the people's government of the place of resettlement shall pay monthly living allowances according to the standard of not lower than the local minimum living standard.


  Article 24 State agencies, social organizations, enterprises and institutions have the obligation to accept and arrange retired soldiers in accordance with the law. When recruiting or hiring staff, they shall give priority to recruiting or employing qualified retired soldiers under the same conditions.


   When state-owned, state-controlled, and state-owned capital dominates, when recruiting employees, a certain percentage of places shall be allocated to receive retired soldiers who meet the conditions specified in Article 23 of these Regulations. Employers shall not use labor dispatch, paid transfer, etc. instead of receiving and placement; retired soldiers who have been in the military for more than ten years shall sign an open-term labor contract with them.


   For retired soldiers who enlisted after graduating from college, within one year after retirement, they can be regarded as fresh graduates of the same year. They can apply for employment registration procedures to the original colleges and universities based on the employment procedures of the employer, and enjoy employment information, key recommendations, employment guidance and other services. The relevant competent departments of the Provincial People's Government shall, in accordance with the actual conditions of the province, organize special recruitment activities for public institutions for retired college students and soldiers. When the township people's government and sub-district offices are equipped with full-time people's armed cadres, they should mainly recruit from college graduates and retired soldiers. In the annual examination for the reform of the recruitment and training system for political and legal police officers, a certain percentage of places should be allocated for recruiting college graduates and retired soldiers. Retired college students who meet the requirements will be given priority to be recruited under the same conditions in the selection of candidates for rural grass-roots service projects organized by the province, and the recruitment examination for college student village officials and special post teachers.


   Article 25 For retired soldiers who are self-employed, the civil affairs department of the people's government of the place of resettlement shall provide a one-time economic subsidy in accordance with the relevant regulations of the state and the provincial people's government.


  The people's government at or above the county level shall strengthen the guidance and services for the independent employment of retired soldiers, and provide preferential policies such as skill training, entrepreneurship support, entrepreneurial guarantee loans, tax reductions and exemptions. Encourage employers to recruit retired soldiers who are self-employed; employers that meet the prescribed conditions are entitled to preferential taxation and other benefits in accordance with the law.


   Article 26. Soldiers who are admitted to or are studying in a regular college or university before enlisting in the army shall retain their enrollment qualifications or student status during active service. Within two years after retirement, they are allowed to enter or return to school. According to relevant national and provincial regulations, they can choose to switch majors, exempt military skills training, and enjoy tuition reduction and exemption, tuition compensation, national student loan compensation, postgraduate entrance examination, and higher vocational education preferential policies. .


Soldiers who have retired from active service can enter secondary vocational schools without exams; those with general higher vocational (collegiate) degrees can apply for exemptions to enter adult higher education undergraduate studies in the province; those who participate in adult higher education enrollment examinations and enroll in ordinary higher education schools are subject to national and The relevant regulations of this province enjoy preferential treatment.


   Article 27 The people's government at or above the county level shall, in accordance with relevant regulations, do a good job in the reception and placement of disabled soldiers, and implement relevant national and provincial pension and preferential treatment.


   The acceptance, placement and treatment guarantee of retired military personnel shall be implemented in accordance with the relevant regulations of the state and this province.


Article 28: Relevant state agencies shall properly handle disputes involving military members’ rights and interests in accordance with the law. If they receive complaints, accusations, and reports from military members, or applications for rights protection forwarded by military rights protection agencies, they shall accept them in accordance with the law and be timely. Feedback processing results.


   Article 29 When the formulation of local laws, regulations, and regulatory documents involves the rights and interests of military members, the opinions and suggestions of relevant military agencies and representatives of military members shall be solicited.


Article 30 In violation of the provisions of these Regulations, units with preferential treatment obligations for military personnel who fail to perform their preferential treatment obligations shall be ordered by the civil affairs department of the people's government at the county level to perform their obligations within a time limit. If they fail to perform the obligations within the time limit, they shall be fined not less than 2,000 yuan but not more than 10,000 yuan; The directly responsible persons in charge and other directly responsible persons shall be punished according to law.


Article 31 In violation of the provisions of these Regulations, the unit accepting the placement of retired soldiers refuses or unreasonably delays the implementation of the tasks assigned by the people’s government to arrange the work of retired soldiers, fails to sign labor contracts and employment contracts with retired soldiers in accordance with the law, and terminates labor with disabled retired soldiers If there is a relationship or a personnel relationship, the local people’s government responsible for the placement of retired soldiers shall order correction within a time limit; if the correction is not made within the time limit, the principal persons in charge and directly responsible persons of state organs, social organizations, and institutions shall be punished in accordance with the law, and the enterprise shall be subject to decommissioning. The number of soldiers multiplied by ten times the average salary of the local urban workers in the previous year was fined, and the receiving unit and its main person in charge were notified and criticized.


Article 32. Units that violate the provisions of these Regulations and fail to perform other responsibilities and obligations to protect the rights and interests of soldiers and soldiers shall be criticized by the people's government at or above the county level and ordered to make corrections within a time limit; the directly responsible persons in charge and other directly responsible persons shall be punished according to law ;Constitute a crime, be held criminally responsible.


   Article 33 These regulations shall come into force on January 1, 2017.

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