1986

RESOLUTION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON APPROVING THE INTERIM PROVISIONS OF THE STATE COUNCIL FOR VETERAN CADRES TO LEAVE THEIR POSTS IN ORDER TO REST

Resolution of the Standing Committee of the National People’s Congress on Approving the Interim Provisions of the State Council for
Veteran Cadres to Leave Their Posts in Order to Rest*
(Adopted on September 29, 1980)

____________________ 

*Lixiu ganbu, or “cadres who leave their posts in order to rest,” refers to a specific group of cadres who retire with preferential
treatment. — Trans. 

 

The 16th Meeting of the Standing Committee of the Fifth National People’s Congress decides to approve the Interim Provisions of the
State Council for Veteran Cadres to Leave Their Posts in Order to Rest, which shall be promulgated for implementation by the State
Council. 

Appendix: 

Interim Provisions of the State Council for Veteran Cadres to  

Leave Their Posts in Order to Rest 

(Approved at the 16th Meeting of the Standing Committee of the National People’s Congress on September 29, 1980 and promulgated by
the State Council for implementation on October 7, 1980) 

Through many years of arduous struggle and hard work in revolution and socialist construction, our veteran cadres have made significant
contributions to the country and the people.  They are valuable assets to the Party and the State.  However, as they are
advancing in age, more and more of them are becoming unable to carry on their  regular work. Following the Party’s and the State’s
tradition of showing concern for and taking good care of veteran cadres, the aged and infirm veteran cadres who can no longer do
regular work are being allowed to leave their posts in order to rest (hereinafter referred to as “veteran cadres”), while being held
in high esteem politically and having their well-being well looked after. This is an important measure for the reform and improvement
of our country’s cadre system and an embodiment of the superiority of the socialist system.  It not only benefits the health
of the veteran cadres while enabling them to continue to play a useful role but also facilitates the promotion and growth of younger
cadres.  Hence, the following provisions are formulated. 

Article 1  Aged and infirm cadres in the following categories who can no longer do regular work shall leave their posts in order
to rest: those who joined the revolution during the First or the Second Revolutionary Civil War period; those who joined the revolution
during the War of Resistance Against Japanese Aggression  and now hold a post of deputy county head or other post corresponding
to deputy county head or whose rank is Grade 18 or higher; and those who joined the revolution before the founding of the People’s
Republic of China and now hold a post of deputy prefectural commissioners or other post corresponding to deputy prefectural commissioners
or whose rank is  Grade 14 or higher. 

Cadres who have already retired but meet the qualifications mentioned above shall likewise be treated as veteran cadres. 

Article 2  Approval for cadres to leave their posts in order to rest shall be obtained by their work units from the relevant
departments with the power of appointment and removal of such cadres.  

Article 3  After leaving his post, a veteran cadre shall in general be helped to settle in the locality where he has been working
or in his native place or in the place where his spouse lives. The State shall encourage veteran cadres to settle in the countryside
or in small or medium-sized cities or towns. 

As regards those who wish to leave the province in which they have been working to go to another province, arrangement shall be made
by the provinces concerned through consultation. The number of cadres to be allowed to settle in Beijing, Tianjin or Shanghai shall
be strictly controlled. In the case of cadres who left the interior to work on the Qinghai-Tibet Plateau and who wish to go back
to the interior after retirement, the provinces, autonomous regions and municipalities concerned shall help them settle accordingly. 

Article 4  The affairs of veteran cadres who plan to settle in the locality where they have been working shall be managed by
their original units. Those who plan to settle in other places (including army cadres who have been transferred to civilian work)
shall have their affairs managed by the cadre or personnel departments in the new places.  Small rest homes may be built when
necessary. 

Article 5  After leaving their posts, veteran cadres shall continue to receive their former standard wages (including reserved
wages), and their material benefits shall remain unchanged. As for other welfare benefits, they shall enjoy the same treatment as
active cadres in their locality who hold the same ranks.  Such treatment shall be fully guaranteed.  Veteran cadres shall
also be given priority in medical care, housing, transport and the supply of daily necessities. 

Veteran cadres who became disabled in line of duty and who need assistance in their daily lives may in general receive for nursing
a sum equivalent to the standard wage of a Grade 2 worker at an ordinary engineering enterprise in the locality.  Those who
for long cannot take care of themselves at all for reasons such as paralysis, may be granted an appropriate amount of money for nursing. 
Subsidies may be extended to those who need medical equipment but cannot afford to buy it. 

If cadres who relocate to other provinces after leaving their posts genuinely need to build new houses, their original work units
shall allocate funds to the new areas where they settle, and these areas shall be responsible for building houses for them. 

Cadres’ rest homes or departments directly in charge of a large number of veteran cadres shall be provided with an adequate number
of cars for the convenience of the veteran cadres. 

Article 6  Veteran cadres shall be placed on a list separate from the regular staff of their original units. Their various necessary
expenses shall be borne by their original units. In the case of cadres who have relocated to other provinces, their original units
shall appropriate funds to the cadre or personnel departments of the new places to pay for their expenses. Medical expenses of relocated
veteran cadres shall still be disbursed by their original units; if such expenses have already been paid by the new places, the cadre
or personnel departments there shall include those expenses in their budgets. 

Cadres who relocate shall receive a lump sum of RMB 150 yuan from their original units as a subsidy, and those who settle in production
brigades in the countryside shall receive 300 yuan. When veteran cadres and their immediate family members whom they provide for
relocate, their train or ship tickets, hotel expenses, luggage transportation fees and food subsidies on the journey shall be disbursed
in accordance with the provisions for travelling subsidies to cadres in office. 

After leaving their posts, veteran cadres shall continue to enjoy home leave according to State provisions. In addition, they may
pay one visit to their parents, children or native places, with their round-trip train or ship tickets paid by the State. 

Article 7  When a veteran cadre dies, the burial subsidy, pension for his family and living allowances for his surviving dependants
in financial difficulty shall be granted the same as for active cadres of the same rank.  

Article 8  Leaders and relevant departments at all levels shall concern themselves with the political and cultural life of veteran
cadres and take concrete measures to enable them to read documents and listen to reports like active cadres of the same ranks so
that they may be timely informed about current principles and policies of the Party and the State. Leaders and departments should
hold regular meetings with veteran cadres or visit them, taking heed of their opinions and demands. 

Article 9  Attention shall be giving to developing the veteran cadres useful abilities. Necessary conditions shall be provided
to those who are able to write or dictate revolutionary memoirs. They shall be encouraged to carry forward the revolutionary tradition,
concern themselves with State affairs and the people’s life, report on problems, make suggestions and do such work as is within their
power. 

Article 10  All localities and departments shall give more effective guidance in the work concerning veteran cadres. Departments
at and above the county level shall assign one leading comrade to be in charge of this work. Cadre or personnel departments and units
where there are such veteran cadres shall, when conditions permit, appoint full-time or part-time cadres to make a success of this
work in close cooperation with other relevant departments. It is essential to conduct political and ideological education among those
who are involved in this work, so that they will try their best to help quickly solve the practical problems confronted by veteran
cadres, imparting to them the warm feelings of the Party and the State. Healthy tendencies to hold veteran cadres in high esteem
and take good care of them should be cultivated among the cadres and the masses. 

Article 11  These Provisions shall go into effect as of the month they are issued.  They shall be applicable to cadres
working in Party and government departments, people’s organizations, State enterprises and institutions as well as to State cadres
who have been assigned to work in enterprises and institutions under collective ownership.  Where past provisions are at variance
with these Provisions, these Provisions shall prevail. 

Article 12  Rules for the implementation of these Provisions shall be formulated and issued by the State Personnel Bureau upon
approval by the State Council.

Notice: All Rights Reserved to the Legislative Affairs Commission of the Standing Committee of the National People’s Congress.







INTERIM PROCEDURES OF THE STATE IMPORT-EXPORT COMMISSON AND THE MINISTRY OF FOREIGN TRADE OF THE PEOPLE’S REPUBLIC OF CHINA CONCERNING THE SYSTEM OF EXPORT LICENSINGG

CIRCULAR OF THE GENERAL OFFICE OF THE STATE COUNCLL CONCERNING CHINA’S ACCESSION TO THE HAGUE CONVENTION AND THE MONTREAL CONVENTION

Circular of the General Office of the State Councll Concerning China’s Accession to the Hague Convention and the Montreal Convention

     (Effective Date:1980.11.03–Ineffective Date:)

Upon approval by the State Council, China acceded on September 10, 1980 to the Convention Concerning the Checking of the Illegal Hijacking
of Aircraft (hereinafter referred to as “the Hague Convention”) and the Convention Concerning the Checking of Illegal Acts that Jeopardize
Civil Aviation Safety (hereinafter referred to as “the Montreal Convention”) which had been concluded internationally, and declared
at the time of accedence that China shall not be bound by Paragraph 1 of Article 12 of the Hague convention and paragraph 1 of Article
14 of the Montreal Convention and that the signing and rectification of the Conventions by the Taiwan authorities in the name of
China are illegal and Mull and void. The two Conventions became applicable to China on October 10, 1980.

Since the beginning of the 1960s, incidents involving using violence to hijack civil aircraft and damaging civil aviation facilities
have frequently occurred in the world. In order to check such acts of terrorism and safeguard the safety of international civil aviation,
the International Civil Aviation Organization presided in 1963 over the formulation of the Convention Concerning Crimes and Some
Other Acts in Aircraft (hereinafter referred to as “the Tokyo Convention”, to which China acceded in November 1978 upon approval
by the State Council) and, following that it formulated in 1970 and 1971 successively the Hague Convention and the Montreal Convention.
These Conventions are of positive significance to protecting the safety of civil aircraft and other civil aviation facilities.

In recent years, although the incidence of hijacking and other terrorist acts has been reduced in the world, they do occur occasionally;
and on China’s civil aircraft, there have been three attempted hijacking incidents for the purpose of fleeing the country. In order
to ensure the safety in transport for international and domestic airliners and effectively guard against the occurrence of hijacking
and other criminal acts, it is hoped that various regions and competent departments earnestly implement the relevant Articles of
the aforementioned international Conventions (for the translated Chinese version of the Hague Convention and the Montreal Convention,
please see the State Council Bulletin Number 17 of 1980 and, for the translated Chinese version of the Tokyo Convention, please see
the document of the Civil Aviation Administration of China and the Ministry of Foreign Affairs, Ref.: (78) Zhijizi No. 591), heighten
their vigilance, tighten the ground security check and the on board security protection measures and strictly prevent any attempt
to use violence to hijack aircraft or damage civil aviation facilities so as to guarantee the safety in China’s civil aviation. In
the event that incidents should occur involving foreign countries such as hijacked foreign aircraft landing in China, the matter
should be handled properly in accordance with the law of China and with reference to the relevant provisions of the aforementioned
three Conventions.

    






CONSTITUTION ACT, 1982 – page 22

NOTES (1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as...