Chapter I General Provisions
Article 1 In order to standardize the resettlement of retired soldiers and protect their legitimate rights and interests, these Measures are formulated in accordance with the provisions of the Military Service Law of People's Republic of China (PRC), the Regulations on the Resettlement of Retired Soldiers and other laws and regulations, combined with the actual situation of this province.
Article 2 The term "retired soldiers" as mentioned in these Measures refers to conscripts and non-commissioned officers who have retired from active service in accordance with the Regulations of China People's Liberation Army on the Service of Soldiers in Active Service.
Article 3 These Measures shall apply to the related work of receiving and resettling retired soldiers within the administrative area of this province.
Article 4 The resettlement of retired soldiers shall be based on supporting employment, and the system of self-employment, job arrangement, retirement and support shall be implemented.
Article 5 State organs, social organizations, enterprises and institutions shall fulfill the obligation of receiving and resettling retired soldiers according to law, and receive and resettle retired soldiers or give priority to recruitment in accordance with relevant regulations. Retired soldiers who apply for positions in civil servants and institutions, their active service experience in the army is regarded as grassroots work experience. Units that receive and resettle retired soldiers enjoy preferential policies in accordance with relevant regulations.
Sixth provincial government departments in charge of the resettlement of retired soldiers (hereinafter referred to as "Ann"
Department ") is responsible for the resettlement of retired soldiers in the province. Provincial city (state) and county (city, district) government resettlement departments are responsible for the resettlement of retired soldiers within their respective administrative areas.
Seventh governments at or above the county level shall strengthen the leadership of the resettlement of retired soldiers, strengthen the construction of leading institutions and offices for the resettlement of retired soldiers, and give full play to their organization and coordination role. Incorporate the special funds and working funds for the resettlement of retired soldiers into the fiscal budget at the corresponding level. The resettlement of retired soldiers will be included in the assessment content of the government's term goal, and will be included in the assessment system of "double support model city (county)" and "party-managed armed secretary". Relevant departments of civil affairs, establishment, human society, education, public security, finance, state-owned assets, taxation, industry and commerce at or above the county level shall do a good job in the resettlement of retired soldiers within their respective functions and duties.
Eighth retired soldiers should respect the laws and regulations on the placement of retired soldiers and obey the placement of the people's government.
Ninth people's governments at all levels shall commend and reward the units and individuals that have made outstanding contributions in the resettlement of retired soldiers.
Chapter II Handover and Receiving
Article 10 According to the annual handover and reception plan of retired soldiers formulated by the competent department of resettlement of retired soldiers in the State Council and the General Staff of the People's Liberation Army in China, the resettlement department of retired soldiers of the government at or above the county level is responsible for receiving retired soldiers.
Article 11 The resettlement place of retired soldiers shall be the registered permanent residence of retired soldiers when they joined the army. However, retired soldiers were students of ordinary institutions of higher learning when they joined the army, and if they do not return to school after retiring from active service, their residence is the place where they registered before entering school.
Twelfth retired soldiers in any of the following circumstances, can be relocated:
(a) during the period of active service, if the domicile of parents changes, they can be placed in the domicile of their parents;
(two) in accordance with the provisions of the military on the marriage of active servicemen and married for 2 years, can be placed in the spouse or spouse's parents account;
(three) due to other special circumstances, the certificate issued by the division (brigade) level units shall be submitted to the provincial resettlement department for approval.
Retired soldiers resettled in different places enjoy the same resettlement treatment as retired soldiers in resettlement places.
Thirteenth retired soldiers in any of the following circumstances, according to my application, can be determined by the provincial resettlement department in accordance with the principle of benefiting the life of retired soldiers:
Disabled by war;
(two) during the period of active service, he won the award of class II or above in peacetime or class III or above in wartime;
(3) being a martyr's child;
(4) Both parents are dead.
Fourteenth retired soldiers shall, within 30 days from the date of being approved to retire from active service, report to the county resettlement department of the resettlement place with the retirement certificate and the letter of introduction from the army.
Retired soldiers who have been arranged to work shall report to the resettlement department of the designated resettlement place within the specified time with the notice of receiving resettlement, certificate of discharge from active service and letter of introduction.
Retired soldiers who retire from retirement shall report to the resettlement department at the designated resettlement place.
Fifteenth retired soldiers files by the unit in accordance with the relevant provisions, handed over to the resettlement department at or above the county level.
When retired soldiers report for duty, the resettlement department shall issue a letter of introduction for them. The public security organ shall register accounts for retired soldiers with a letter of introduction issued by the resettlement department.
Sixteenth resettlement departments at or above the county level shall, in accordance with the relevant provisions of the national archives management, handle the reception, storage, access and transfer of retired soldiers' files, and establish a database of basic information of retired soldiers.
The archives of self-employed retired soldiers are managed free of charge by the public employment talent service institutions established by the people's governments at or above the county level.
The archives of the retired soldiers who arranged the work shall be handed over to the receiving unit of the retired soldiers for management by the resettlement department of the resettlement place.
The archives of retired soldiers shall be handed over to the corresponding service management institution for management by the resettlement department of the resettlement place.
Seventeenth retired soldiers and service related issues, by the original unit responsible for handling; Issues related to resettlement shall be handled by the people's government of the resettlement area.
Eighteenth retired soldiers without justifiable reasons for more than 30 days not to report in accordance with the prescribed time, as a waiver of resettlement treatment.
Chapter III Self-employment
Nineteenth conscripts and non-commissioned officers who have not served in active service 12 years, or non-commissioned officers who have served in active service 12 years or more, choose to seek a self-employment when they retire, and the people's government of the county (city, district) where they are located shall give them support.
Twentieth self-employed retired soldiers, by the resettlement of the county (city, district) people's government in accordance with the last year, the province's urban residents per capita disposable income of 2 times to give a one-time economic subsidy.
One-time economic subsidies are paid according to the actual service life of retired soldiers. Those who have been in active service for less than 6 months shall be counted as 6 months, and those who have been in active service for more than 6 months shall be counted as 1 year.
Twenty-first self-employed retired soldiers won the honorary title or meritorious service, by the resettlement people's government in accordance with the following proportion of additional one-time economic subsidies:
(a) won the honorary title of the Central Military Commission, military units, or awarded the first class merit, additional15%;
(two) awarded the second class, additional10%;
(three) awarded the third class, additional 5%.
Retired soldiers who have won honorary titles or rendered meritorious service for many times shall be given a one-time economic subsidy according to the highest grade reward ratio.
Twenty-second one-time economic subsidies required by the provincial and municipal (county) people's government * * *. One-time economic subsidies are exempt from personal income tax according to state regulations.
Twenty-third self-employed retired soldiers can apply for free vocational education and skills training in the training institutions determined by the relevant departments of the provincial people's government within 0 years after their discharge from active service. The shortest period is not less than 3 months, generally not more than 2 years.
Retired soldiers who choose their own jobs and retire 1 year or more to participate in vocational education and skills training shall be implemented in accordance with relevant state regulations.
Vocational education and skills training shall be led by the civil affairs departments at or above the county level, with the cooperation of relevant departments such as education, finance, human resources and social security, and shall be organized and implemented in accordance with the measures formulated by the above departments.
The funds for vocational education and skills training of retired soldiers are included in the financial budget by the people's governments at or above the county level, and the provincial and municipal (county-directly-administered) finances are borne in accordance with the ratio of 5: 5.
Twenty-fourth public employment service institutions organized by people's governments at all levels shall provide archives management, career introduction and career guidance services for retired soldiers free of charge.
Encourage other human resources service institutions to provide free services for the employment and entrepreneurship of retired soldiers.
Twenty-fifth self-employed retired soldiers in state organs, social organizations and institutions to recruit civil servants, hiring staff, should be in accordance with the relevant provisions of the state and province, enjoy the conditions and extra points.
Twenty-sixth retired soldiers engaged in self-employment, self-employment, in accordance with the relevant provisions of the state to give tax incentives and small secured loans, to engage in low-profit projects, to give financial discount. Except for industries restricted by the state, administrative fees for management, registration and license shall be exempted within 3 years from the date of first registration with the administrative department for industry and commerce.
Where the provisions of the preceding paragraph and laws and regulations provide otherwise, those provisions shall prevail.
Twenty-seventh self-employed, retired soldiers who were staff members of state organs, social organizations, enterprises and institutions before enlisting, can choose to return to work, and their wages, benefits and other benefits are not lower than the average wages of personnel with the same conditions in their own units.
Twenty-eighth rural land contracted by self-employed retired soldiers through household contract before joining the army shall not be illegally recovered or forcibly transferred during the contract period; Rural land contracted by non-family contracting methods such as bidding, auction and public consultation may be contracted by family members during the contract period; Rural contracted land is expropriated, requisitioned or occupied according to law, and enjoys the same rights as other members of rural collective economic organizations.
Self-employed retired soldiers who have settled their accounts when they leave the army and are members of rural collective economic organizations but have not contracted rural land may apply for contracting rural land, and villagers' committees or villagers' groups shall give priority to solving them.
Twenty-ninth disabled retired soldiers who have the ability to work have priority to enjoy the preferential employment policies for the disabled stipulated by the state and the province.
Thirtieth self-employed retired soldiers who enter secondary vocational schools and apply for adult colleges or ordinary colleges and universities shall enjoy various preferential treatments in accordance with the relevant provisions of the education department.
Retired soldiers who have been admitted to ordinary institutions of higher learning before joining the army and retain their admission qualifications or are studying in ordinary institutions of higher learning are allowed to enroll or resume their studies within two years after retiring from active service, and enjoy preferential treatment such as scholarships, grants and tuition reduction and exemption in accordance with relevant state regulations. Family financial difficulties, in accordance with the relevant provisions of the state and the province to give priority to funding; After entering school or during the resumption of school, you can get credits directly without taking public sports, military skills, military theory and other courses; After graduation, it is preferred to participate in national defense students, rural grassroots service projects organized by the state, and selection of officers.
Chapter IV Work Arrangement
Thirty-first retired soldiers who meet one of the following conditions shall be arranged by the people's government:
(1) Non-commissioned officers have served in active service for 12 years;
(2) During the period of active service, he has won the second class or above in peacetime or the third class or above in wartime;
(three) disabled by war was rated as 5 to 8 disabled;
(4) They are children of martyrs.
Retired soldiers who meet the conditions specified in the preceding paragraph and serve in hard areas and special posts shall be given priority; Those who have basically lost their ability to work due to mental disorder shall be properly placed by the people's government of the place where they are placed.
Thirty-second people's governments at or above the county level shall, in accordance with the principle of territorial management and balanced burden of national defense obligations, resettle retired soldiers who meet the working conditions and ensure their first employment.
Article 33 The people's governments at or above the county level shall, in accordance with the relevant provisions of the state, quantify the service performance of retired soldiers who meet the working conditions arranged by the government, and implement "sunshine resettlement" in accordance with the principles of openness, equality and competition.
Thirty-fourth people's governments at or above the county level shall, according to the number of retired soldiers who meet the working conditions and the actual situation of the employing units, issue tasks for the work of retired soldiers and announce them to the public according to law.
Counties (cities) with heavy tasks for arranging retired soldiers can be supported by the people at the next higher level.
The government makes overall arrangements within its administrative area.
Article 35 In Gansu, institutions directly under the central state organs, enterprises and institutions, provincial state organs, social organizations, enterprises and institutions arrange work plans for retired soldiers, which are compiled by the provincial resettlement department in conjunction with the departments of preparation, human resources and social security, state-owned assets supervision and management, and submitted to the provincial people's government for issuance; Resettlement procedures for retired soldiers shall be handled by the provincial resettlement department.
City and county state organs, social organizations, enterprises and institutions to arrange work plans for retired soldiers, by the city and county people's government resettlement department in conjunction with the preparation, human resources and social security, state-owned assets supervision and management departments, reported to the people's government at the same level issued. Arrangements for retired soldiers shall be handled by the resettlement department of the people's government at the same level.
Thirty-sixth state organs, social organizations and institutions at all levels in this province shall give priority to recruiting and hiring retired soldiers who meet the working conditions arranged by the government according to the job requirements and staffing situation.
When there are vacancies in various service posts where the financial department pays wages, priority should be given to receiving retired soldiers who meet the post conditions arranged by the government.
State-owned and state-controlled enterprises with state-owned capital as the dominant position shall arrange posts of not less than 5% of the number of employees and employ retired soldiers who meet the working conditions arranged by the government.
All levels of human resources and social security, state-owned assets management and other departments shall provide relevant information to the resettlement departments at the same level in a timely manner to ensure the implementation of the work plan and post arrangement of retired soldiers that meet the working conditions arranged by the government.
Article 37 The people's government in the resettlement area shall accept retired soldiers for six months.
During the year, complete the task of arranging the work of retired soldiers this year.
During the period when the retired soldiers are to be arranged to work, the people's government of the resettlement place shall pay a monthly or one-time living allowance according to the standard not lower than the local minimum living standard.
Thirty-eighth units that undertake the task of arranging retired soldiers shall complete the tasks assigned by the people's government on time, and shall not accept retired soldiers in the form of personnel agency or labor dispatch.
The unit undertaking the task of arranging the work of retired soldiers shall arrange the retired soldiers to take up their posts within 1 month after the administrative department in charge of the resettlement of retired soldiers issues the notice, and sign a labor contract or employment contract with the retired soldiers for a period of not less than 3 years according to law. If length of military service has been in 10 for more than 0 years, it shall sign an open-ended labor contract; When the contract is dissolved and renewed, priority should be given to signing new employment contracts with retired soldiers. Units that reduce personnel should give priority to retaining retired soldiers.
During the contract period, if the unit is closed, bankrupt or restructured according to law, the retired soldiers and other personnel of the unit shall jointly implement the relevant provisions of the state.
Thirty-ninth retired soldiers arranged by the people's government, their active service years and working hours arranged in accordance with the Regulations on the Resettlement of Retired Soldiers are calculated as length of service, and they enjoy the wages and welfare benefits of personnel with the same conditions in their units.
Article 40 If the receiving unit fails to arrange for retired soldiers to take up their posts in accordance with the regulations, it shall pay the living expenses to the retired soldiers every month from the month when the administrative department in charge of resettlement of retired soldiers of the people's government issues the notice of arrangement, according to the standard of not less than 80% of the average salary of personnel with the same conditions in the unit, until they take up their posts.
Forty-first disabled retired soldiers assigned to work shall not terminate their labor relations or personnel relations because of their disability.
Retired soldiers who are disabled due to war and work enjoy the same welfare and medical treatment as those injured in their units.
Forty-second retired soldiers who meet the conditions for arranging work shall be deemed to have given up the arrangement of work treatment in any of the following circumstances without justifiable reasons:
(a) did not report to the resettlement department within the prescribed time, and more than 30 days;
(two) refused to obey the arrangement of the resettlement department;
(3) Failing to report to the unit undertaking the task of arranging the work of retired soldiers within the prescribed time limit after going through the formalities for arranging the work.
If a retired soldier is investigated for criminal responsibility according to law during his waiting period, his arranged work treatment shall be cancelled.
Chapter V Retirement and Pension
Article 43 Non-commissioned officers above the intermediate level shall be discharged from active service if they meet one of the following conditions:
(a) At least 55 years old;
(2) Having served in active service for 30 years;
(3) Disability due to war or work is rated as 1 to level 6;
(4) Having been proved by a military hospital and verified by the health department of a unit at or above the corps level, and having basically lost the ability to work due to illness.
The life, housing and medical care of retired noncommissioned officers shall be guaranteed in accordance with relevant state regulations.
Non-commissioned officers at or above the intermediate level who are disabled due to war are rated as 5-6, and I voluntarily give up retirement and resettlement, and choose to be arranged by the people's government, it shall be handled in accordance with the provisions of Chapter IV of these Measures.
Forty-fourth provincial resettlement departments shall, according to the national resettlement plan for retired noncommissioned officers, focus on verifying the files of retired noncommissioned officers and approving the placement destination. And formulate and issue a resettlement plan for retired non-commissioned officers.
The resettlement department of the people's government at the city or county level shall, according to the resettlement plan for retired noncommissioned officers issued by the province, handle the procedures for receiving and resettling retired noncommissioned officers in a timely manner and do a good job in service management.
Forty-fifth conscripts and junior noncommissioned officers who are assessed as 1 level to level 4 disability shall be supported by the state for life.
Disabled retired noncommissioned officers supported by the state, their living, housing, medical care and other security, in accordance with the relevant provisions of the state and the province.
Non-commissioned officers at or above the intermediate level, who are disabled due to war or duty and are rated as 1 to 4, voluntarily give up their retirement placement, and may choose to be supported by the state when they retire.
Forty-sixth forms of support should be implemented in accordance with the resettlement plan formulated and issued by the Ministry of Civil Affairs in conjunction with the General Staff.
Forty-seventh centralized support for retired soldiers in the support institutions designated by the civil affairs department of the provincial people's government for rest, rehabilitation and medical care.
Article 48 The life of retired noncommissioned officers shall be carried out in accordance with state regulations.
Decentralized support of 0 to 4 disabled retired soldiers care costs, in accordance with the "military pension"
Regulations on preferential treatment, etc.
Forty-ninth retired soldiers who meet the conditions of retirement support should be handed over in a planned way, and their living, housing and medical care should be guaranteed in accordance with the relevant provisions of the state and the province.
Chapter VI Continuation of Insurance Relationship
Article 50 The social insurance administrative department of the people's government at or above the county level shall, in accordance with the Social Insurance Law of People's Republic of China (PRC), the Military Insurance Law of People's Republic of China (PRC) and the Regulations on the Resettlement of Retired Soldiers, consult the administrative department for the resettlement of retired soldiers of the people's government at the same level and cooperate with the administrative department for military insurance to continue the social insurance relationship of retired soldiers.
Fifty-first retired soldiers who meet the conditions for arranging work, choose to arrange work when they retire, and give up arranging work after retirement, the continuation of their social insurance relationship shall be handled in accordance with the Provisions on the Continuation of Social Insurance Relationship for Self-employed Retired Soldiers.
Fifty-second social insurance institutions and social insurance agencies shall provide relevant laws, regulations and policy consulting services for retired soldiers, and handle social insurance connection procedures for retired soldiers in time.
Chapter VII Legal Liability
Fifty-third retired soldiers resettlement administrative departments and their staff, units involved in the resettlement of retired soldiers and their staff have one of the following acts, the competent department at a higher level shall order it to make corrections, and the relevant responsible persons shall be punished according to law; If the relevant responsible person constitutes a crime, he shall be investigated for criminal responsibility according to law:
(a) in violation of the provisions of the examination and approval of the placement of retired soldiers;
(two) failing to go through the relevant procedures for the placement of retired soldiers in accordance with the regulations;
(three) issued false identity certificates and certificates in the examination and approval of the placement of retired soldiers;
(four) corruption, misappropriation or occupation of funds for the placement of retired soldiers;
(five) to seek illegitimate interests in the resettlement of retired soldiers;
(six) other violations of the provisions on the placement of retired soldiers, which damage the legitimate rights and interests of retired soldiers.
Fifty-fourth units receiving and resettling retired soldiers in violation of the provisions of these measures, under any of the following circumstances, the administrative department in charge of resettlement of retired soldiers of the people's government shall order them to make corrections within a time limit; If no correction is made within the time limit, the principal responsible person and the person directly responsible of state organs, social organizations and institutions shall be punished according to law, and the enterprise shall be fined according to the amount involving the number of retired soldiers multiplied by the local average wage of urban workers in the previous year 10 times, and the receiving unit and its principal responsible person shall be informed criticism:
(a) refusing or delaying the implementation of the tasks assigned by the people's government to arrange the work of retired soldiers;
(2) Failing to sign labor contracts or employment contracts with retired soldiers according to law;
(3) Dissolving labor relations or personnel relations with disabled retired soldiers.
Article 55 If a unit undertaking the task of resettlement of retired soldiers fails to obtain the consent of retired soldiers and arranges them to serve in other places, or fails to calculate the length of service and wages and benefits of retired soldiers in accordance with the provisions of these Measures, the resettlement department of the people's government shall order it to make corrections within a time limit, and give informed criticism to the main person in charge and the person directly responsible for receiving the resettlement unit.
Fifty-sixth retired soldiers resort to deceit to obtain resettlement subsidies, resettlement
The resettlement department of the people's government cancels the relevant resettlement treatment.
Chapter VIII Supplementary Provisions
Article 57 These Measures shall apply to retired soldiers of the Chinese People's Armed Police Force.
Fifty-eighth soldiers who joined the army before the implementation of the "Regulations on the Resettlement of Retired Soldiers" and retired from active service after the implementation of these measures, voluntarily, can also be implemented in accordance with national and provincial regulations on the resettlement of retired soldiers.
Article 59 These Measures shall come into force as of the date of promulgation. If the relevant policies and regulations of this province implemented before the promulgation of these Measures are inconsistent with these Measures, these Measures shall prevail.