Chapter V Consolation Compensation and Preferential Treatment

Article 45 The state and society respect the dedication and sacrifice of servicepersons and their military dependents for national defense and military development, give preferential treatment to servicepersons and their families, provide consolation compensation and preferential treatment for survivors of martyrs and servicepersons who died in the line of duty or due to medical conditions, and guarantee the lives of disabled servicepersons.

The state establishes a consolation compensation and preferential treatment system with proper standards, and gradually increases the said compensation and treatment.

Article 46 Military dependents of servicepersons shall, with certificates issued by relevant departments, enjoy the preferential treatment prescribed by laws and regulations. The specific measures shall be developed by the relevant departments of the State Council and the Central Military Commission.

Article 47 People's governments at all levels shall ensure that servicepersons who are entitled to consolation compensation and preferential treatment also enjoy inclusive preferential treatment for all citizens.

Article 48 The state implements a death consolation compensation system for servicepersons.

Where servicepersons are classified as martyrs after their death, the state issues martyr certificates to their survivors, and ensures that their survivors receive prescribed grants, consolation compensation and other treatment for martyrs.

For servicepersons who died in the line of duty or due to medical conditions, the state issues certificates to their survivors, and ensures that their survivors receive prescribed consolation compensation and other treatment.

Article 49 The state implements a consolation compensation system for disabled servicepersons.

Where servicepersons are disabled in war, in the line of duty or due to medical conditions, their disability shall be rated in accordance with relevant regulations of the state and they shall be issued a certificate accordingly. They shall also be accorded disability compensation and other benefits. Eligible disabled servicepersons shall be resettled through job placement, government support, or retirement.

Article 50 The state gives preferential housing treatment to military dependents of servicepersons and survivors of martyrs and servicepersons who died in the line of duty or due to medical conditions.

Local people's governments shall prioritize the processing of the application for government-subsidized housing filed by eligible military dependents as well as survivors of martyrs and servicepersons who died in the line of duty or due to medical conditions, and the solution of the housing problems of the foregoing people if they live in rural areas and under tough conditions.

Local people's governments shall give preferential treatment in dealing with the housing problems to survivors of martyrs and servicepersons who died in the line of duty or due to medical conditions mentioned in the preceding paragraph.

Article 51 Public medical institutions shall provide preferential medical services for servicepersons. Survivors of servicepersons, martyrs and servicepersons who died in the line of duty or due to medical conditions shall enjoy preferential medical treatment in military and public medical institutions.

The state encourages private medical institutions to provide preferential medical services for servicepersons, families of servicepersons, and survivors of martyrs and servicepersons who died in the line of duty or due to medical conditions.

The state and society provide disabled servicepersons with special guarantee in terms with medical care in accordance with the law.

Article 52 The state protects the job placement rights and interests of military spouses in accordance with the law. Party and government organs, people's organizations, enterprises, public institutions, social organizations and other organizations shall fulfill their obligations to recruit military spouses in a bid to resettle them through job placement in accordance with the law.

Where military spouses worked in Party or government organs or public institutions before joining servicepersons for resettlement, the people's governments at the places of resettlement shall provide jobs for them in corresponding entities in accordance with relevant regulations. Where military spouses worked with other employers or were unemployed before joining servicepersons for resettlement, the people's governments at the places of resettlement shall provide them with employment guidance and training, and give priority to them in employment assistance. Local people's governments shall, in terms of job placement, give priority to survivors of martyrs and servicepersons who died in the line of duty, as well as eligible surviving military spouses.

Article 53 The state encourages employers with employment needs to prioritize the employment of military dependents resettled with servicepersons. Where state-owned enterprises recruit new employees, they shall employ military dependents resettled with servicepersons in proportion to their employment needs. Where capable private enterprises recruit new employees, they may employ military dependents resettled with servicepersons in proportion to their employment needs.

Article 54 The state encourages and supports military spouses to seek employment by themselves or start their own businesses. Military spouses who are self-employed shall be supported in accordance with relevant preferential policies of the state.

Article 55 The state shall give preferential treatment to military children in education. Local people's governments at all levels and their relevant departments shall provide local quality education resources for military children to create conditions for them to receive a good education.

Military children who wish to go to a public school for compulsory education or to a public interest kindergarten may be enrolled in such schools or kindergartens in the household registration place of their own, their parents, paternal or maternal grandparents, or other statutory guardians, in the place where their parents reside, or in the place where their parents are in active service. Meanwhile, they enjoy local preferential education policies for military children.

Military children who apply for regular senior high schools or secondary vocational schools shall be prioritized over other applicants with the same eligibility for admission. Children of martyrs and servicepersons who died in the line of duty and other eligible military children shall receive preferential treatment in admission in accordance with local preferential education policies for military children.

Children of servicepersons who died in the line of duty and eligible military children who apply to institutions of higher education shall be prioritized over other applicants with the same eligibility for admission in accordance with relevant regulations of the state. Children of martyrs shall be awarded extra admission test points and other preferential treatment.

Children of martyrs and eligible military children shall enjoy financial aid including scholarships, grants, and tuition waivers in accordance with relevant regulations.

The state encourages and supports qualified private schools to provide preferential treatment in education for military children as well as children of martyrs and servicepersons who died in the line of duty.

Article 56 Eligible military dependents of servicepersons and survivors of martyrs and servicepersons who died in the line of duty or due to medical conditions shall be accorded priority and preferential treatment in applying to state-run veterans homes and hospitals for entitled groups for support, hospitalization, and short-term recuperation. They shall be prioritized over other applicants with the same eligibility when applying to public nursing homes for elderly care services.

Article 57 Servicepersons and their military dependents, as well as survivors of martyrs and servicepersons who died in the line of duty or due to medical conditions shall be accorded priority and preferential services in visiting parks, museums, memorials, exhibition halls, places of interest, as well as in culture and tourism.

Servicepersons can use city buses, trams, ferries and rail transportation free of charge. Servicepersons and survivors of martyrs and servicepersons who died in the line of duty or due to medical conditions, as well as their families traveling with them, shall enjoy priority ticketing and boarding (boat/aeroplane), among other services, when travelling on trains, boats, long-distance buses and civil aviation flights operating in China. Disabled servicepersons shall enjoy fare reduction.

Article 58 Local people's governments and military units shall give relief and condolences to military families who have serious difficulty in meeting basic needs due to natural disasters, accidents, major diseases or other causes.

Article 59 Local people's governments and military units shall provide necessary assistance for military families that encounter difficulties in enrolling their minor children in kindergartens and schools and in taking care of their elderly.

The state encourages and supports enterprises, public institutions, social organizations and other organizations, as well as individuals to provide assistance for military families in difficulty.

Article 60 Where the lawful rights and interests of servicepersons, military dependents of servicepersons, or survivors of martyrs and servicepersons who died in the line of duty or due to medical conditions are infringed upon, the foregoing people have the right to file complaints or accusations with the relevant state organs and military units. The state organs and military units that accept such cases shall process them in a timely manner in accordance with the law without shirking responsibilities or delay. Where a lawsuit is filed with a people's court in accordance with the law, the people's court shall give priority to the filing, trial and execution of the case, and people's procuratorates may support the prosecution.

Article 61 Where servicepersons, military dependents of servicepersons, or survivors of martyrs and servicepersons who died in the line of duty or due to medical conditions encounter difficulties in protecting their lawful rights and interests, legal assistance institutions shall give priority to providing legal assistance to them in accordance with the law, and judicial organs shall give priority to prividing judicial assistance to them in accordance with the law.

Article 62 People's procuratorates may, in accordance with relevant provisions of the Civil Procedure Law and the Administrative Procedure Law, file public interest litigation against infringements upon the honors, reputations, and other relevant lawful rights and interests of servicepersons, which seriously affect servicepersons' effective performance of their duties and missions and result in damage to public interests.