Law of the People’s Republic of China on the Protection of the Status, Rights, and Interests of Servicepersons

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Order of the President of the People’s Republic of China

No. 86

The Law of the People’s Republic of China on the Protection of the Status, Rights, and Interests of Servicepersons, adopted at the 29th Meeting of the Standing Committee of the Thirteenth National People’s Congress of the People’s Republic of China on June 10, 2021, is hereby promulgated, and shall go into effect on August 1, 2021.

 

 

Xi Jinping

President of the People’s Republic of China

June 10, 2021

 

Law of the People’s Republic of China on the Protection of the Status, Rights, and Interests of Servicepersons

(Adopted at the 29th Meeting of the Standing Committee of the Thirteenth National People’s Congress on June 10, 2021)

Contents

Chapter I General Provisions

Chapter II Status

Chapter III Honors

Chapter IV Guarantee of Benefits

Chapter V Consolation Compensation and Preferential Treatment

Chapter VI Legal Liability

Chapter VII Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is developed in accordance with the Constitution for the purposes of protecting the status and lawful rights and interests of servicepersons, motivating servicepersons to perform their duties and missions, making military service an occupation that enjoys public respect, and modernizing national defense and the military.

Article 2 For the purpose of this Law, “servicepersons” refer to officers, non-commissioned officers, and conscripts serving on active duty in the Chinese People’s Liberation Army.

Article 3 Servicepersons shoulder the sacred duty and noble mission to defend national sovereignty, security, and development interests, and to protect the people’s peaceful labor.

Article 4 Military service is an occupation that enjoys public respect. The state and the public respect servicepersons and accord preferential treatment to them, ensure that servicepersons enjoy the status, rights, and interests commensurate with their occupation, duties, missions, and contributions, and regularly carry out various forms of activities to support the military and provide preferential treatment for families of servicepersons and martyrs.

All state organs, armed forces, political parties, people’s organizations, enterprises, public institutions, social organizations and other organizations have the responsibility to protect the status, rights, and interests of servicepersons in accordance with the law and all citizens shall protect the lawful rights and interests of servicepersons in accordance with the law.

Article 5 The work of protecting the status, rights, and interests of servicepersons falls under the leadership of the Communist Party of China, takes enhancing combat effectiveness of the military as its fundamental objective, and follows the principles of maintaining a balance of rights and obligations, of materials and motivations, and of benefits and economic and social development.

Article 6 The political work department of the Central Military Commission, the department in charge of veterans affairs of the State Council, and other relevant central Party and government organs and other relevant departments of the Central Military Commission shall perform their respective duties to protect the status, rights, and interests of servicepersons.

Local people’s governments at or above the county level are responsible for the protection of the status, rights, and interests of servicepersons within their respective administrative regions. The political work departments of military units at or above the regiment level are responsible for the protection of the status, rights, and interests of their servicepersons.

Provincial military commands (the capital garrison command and local garrison commands), military sub-commands (local garrison commands), and the people’s armed forces departments of counties, autonomous counties, cities, and municipal districts are responsible for communication and coordination between the people’s governments and military units in their respective administrative regions on the work of protecting the status, rights, and interests of servicepersons and establish, as needed, working coordination mechanisms.

Town and township people’s governments, subdistrict offices, and primary-level self-governance organizations shall perform their duties of protecting the status, rights, and interests of servicepersons.

Article 7 Funding for the protection of the status, rights, and interests of servicepersons shall be included in the budgets of the central and local governments, under the principle of matching functions and powers with spending responsibilities.

Article 8 Relevant central Party and government departments, local people’s governments at or above the county level and their relevant departments, and organs in the military at all levels shall take the work performance of protecting the status, rights, and interests of servicepersons as a criterion in evaluating the work of supporting the military and providing preferential treatment for families of servicepersons and martyrs, the work of supporting the government and caring for the people, and the performance of leaders and staff members of relevant entities.

Article 9 The state encourages people’s organizations, enterprises, public institutions, social organizations, individuals and other forces of society to support the work of protecting the rights and interests of servicepersons through donations, voluntary services, and other means in accordance with the law, and guides them in the said work. Those who meet the prescribed conditions may enjoy tax incentives and other preferential policies in accordance with the law.

Article 10 August 1 every year is People’s Liberation Army Day. People’s governments and military units at all levels shall organize activities to mark People’s Liberation Army Day.

Article 11 Entities and individuals that have made outstanding contributions to the protection of the status, rights, and interests of servicepersons shall be given recognition and awards in accordance with relevant state regulations.

Chapter II Status

Article 12 Servicepersons are essential members of the armed forces of the state under the leadership of the Communist Party of China (thereafter referred to as CPC), must be loyal to the motherland and the CPC, follow the CPC’s command, obey the CPC’s orders, and perform their duties and missions to consolidate CPC leadership and the socialist system.

Article 13 Servicepersons, forming the people’s army, shall love the people, serve them wholeheartedly, protect their lives and property, and shall come forward and rescue those people whose lives or property are under serious threat.

Article 14 Servicepersons are a force in the defense of national sovereignty, unity and territorial integrity, and shall have the fighting spirit and ability needed to strengthen national defense, resist aggression, and safeguard the motherland. They shall keep in readiness for actual combat, practice combat skills, fear no sacrifice, be able to fight and win, and accomplish tasks.

Article 15 Servicepersons are a force in the modernization of socialism with Chinese characteristics, shall be engaged in the cause of building a modern socialist country in all respects, and participate in emergency response efforts in accordance with the law.

Article 16 Servicepersons enjoy political rights under the Constitution and other laws, and are entitled to participate in the election of the members of organs of state power, in the administration of state affairs, and in the management of economic and cultural programs and social affairs in accordance with the law.

Article 17 The military shall implement the principle of unity between officers and men whereby servicepersons are equal politically and as individual persons, and shall respect and treat each other as equals.

The military shall establish sound democratic systems such as the servicepersons’ congress and committee to guarantee servicepersons’ rights to be informed, to participate, to make suggestions, and to oversee.

Article 18 Servicepersons must comply with the Constitution and other laws, fulfill the obligations of citizens under the Constitution and other laws, abide by military regulations and military discipline, maintain excellent conduct, and take the lead in practicing the core socialist values.

Article 19 The state shall provide what servicepersons need to perform their duties. Where servicepersons act for the purpose of performing their duties and in accordance with the law, those acts are protected by law.

Where the lawful rights and interests of citizens, legal persons or other organizations are violated due to servicepersons’ performance of duties, the state shall make compensation or pay indemnity in accordance with relevant regulations.

Citizens, legal persons, and other organizations shall provide necessary support and assistance for servicepersons in the performance of their duties in accordance with the law.

Article 20 The specific rights and interests enjoyed and the specific obligations assumed by servicepersons as a result of performing their duties shall be prescribed by this Law and other relevant laws and regulations.

Chapter III Honors

Article 21 Military honors are the praise and incentives of the state and the public for servicepersons for their dedication to national defense development, military development and socialist modernization, and are a motivation that boosts military morale and enhances military combat effectiveness.

The state safeguards military honors and encourages servicepersons to revere and cherish military honors.

Article 22 The military shall intensify education on patriotism, collectivism, and revolutionary heroism, strengthen the sense of honor of servicepersons, cultivate revolutionary officers and soldiers of the new era featuring faith, capabilities, courage and integrity, and forge a highly competent military with iron-clad beliefs, convictions, and discipline as well as an unbreakable sense of duty.

Article 23 The state shall, through various forms of publicity, education, awards, incentives and support, cultivate servicepersons’ sense of professional mission, pride, and honor, to stimulate their motivation, initiative, and creativity in performing meritorious service to the state.

Article 24 The whole of society shall learn from the glorious history of the People’s Liberation Army, heighten awareness of the service, dedication, and sacrifices of servicepersons, and foster a good atmosphere to safeguard military honors.

National defense education courses of schools of all types and at all levels shall include the glorious history of the People’s Liberation Army and the heroic and exemplary deeds of servicepersons.

Article 25 The state establishes a sound military honors system that recognizes the outstanding merits and contributions of servicepersons through the conferment of medals and titles of honor to praise their dedication and sacrifice for the state and the people.

Article 26 Servicepersons, upon the approval of their respective military units, may accept honors awarded by local people’s governments, people’s organizations, social organizations, international organizations, and other countries or armies.

Article 27 Servicepersons who have been honored and commended for meritorious service shall enjoy corresponding courtesy and treatment. Servicepersons who are commended for meritorious service in combat missions shall enjoy better courtesy and treatment than usual.

The names and meritorious service of servicepersons who have been honored and commended for meritorious service and who perform combat missions shall be included in books of merits, books of honors, local annals and other historical records in accordance with regulations.

Article 28 Relevant central Party and government organs, local and military organs at all levels, and media such as radio, television, newspapers, periodicals, and the internet, shall promote the role models among the military and the heroic deeds of servicepersons.

Article 29 The state and the public shall respect and remember the servicepersons who sacrificed for the country, the people, and the nation, and respect and treat their survivors with courtesy.

The state shall build heroes and martyrs memorial facilities for public viewing, process mourning and remembrance of heroes and martyrs and carry out commemorative and educational activities.

The state shall promote the construction of military cemeteries. After the death of servicepersons, those who meet the prescribed conditions can be buried in a military cemetery.

Article 30 The state shall establish a courtesy ceremonies system for servicepersons. Corresponding ceremonies shall be held on occasions such as the enlistment of citizens and the retirement of servicepersons from active service. Mourning ceremonies shall be held on occasions such as the burial of martyrs and servicepersons who died in the line of duty.

People’s governments at all levels shall, on major holidays and commemorative days, organize activities such as visits to military units and military families, and to the survivors of martyrs and servicepersons who died in the line of duty or due to medical conditions. When the said governments hold important celebrations and commemorative activities, they shall invite servicepersons and their families, and survivors of martyrs and servicepersons who died in the line of duty or due to medical conditions.

Article 31 Local people’s governments shall hang honorary plaques for families of servicepersons, and for survivors of martyrs and servicepersons who died in the line of duty or due to medical conditions. When servicepersons receive meritorious honors and commendations, relevant departments of local people’s governments and military organs shall deliver a report to their families, and organize publicity thereof.

Article 32 The honors and reputation of servicepersons are protected by law.

The honors of servicepersons shall be vested in them for life, and shall not be revoked without legal causes or legal procedures.

No organization or individual may in any way denigrate and degrade the honors of servicepersons, insult and slander the reputation of servicepersons, or intentionally destroy or deface the marks of honor of servicepersons.

Chapter IV Guarantee of Benefits

Article 33 The state shall establish a system for guaranteeing benefits for servicepersons to ensure that servicepersons are enabled to perform their duties and missions and to guarantee the lives of servicepersons and their families.

The guarantee of benefits shall be weighted toward servicepersons performing combat missions and major non-war military operations tasks, as well as those working in remote regions, regions under tough conditions, or special positions.

Article 34 The state shall establish an independent, distinctive, and comparatively advantageous pay systems for servicepersons: a salary system for officers and non-commissioned officers, and a supply system of benefits for conscripts. Servicepersons shall enjoy preferential policies on individual income tax.

The state shall establish a regular pay increase mechanism for servicepersons.

The pay structure and standards for servicepersons and the way they are adjusted shall be prescribed by the Central Military Commission.

Article 35 The state shall guarantee housing for servicepersons by combining military support, government support and market allocation, and by using both the provision of physical housing and the allocation of housing subsidies.

Eligible servicepersons shall be entitled to military apartments or government-subsidized housing. The state establishes a sound housing provident fund system and housing subsidy system for servicepersons. Eligible servicepersons shall enjoy the state’s preferential policy support when purchasing houses.

Article 36 The state guarantees free medical treatment, disease prevention, convalescence and rehabilitation for servicepersons in accordance with regulations.

Eligible medical expenses incurred by servicepersons at local civilian medical institutions shall be covered by the military.

Article 37 The state shall implement an insurance system for servicepersons that reflects the features of military service and is coordinated with the social insurance system, and shall supplement the insurance program for servicepersons as called for, to guarantee insurance benefits for servicepersons.

The state encourages and supports commercial insurers to provide exclusive insurance schemes for servicepersons and their families.

Article 38 Servicepersons are entitled to annual leave, family visiting leave, and other leaves or vacations. Financial compensation should be given to servicepersons who do not take leave or do not take full leave due to work requirements.

Military spouses and military children who live away from servicepersons may visit the servicepersons in their military units. Where military spouses visit servicepersons in military units, the employers of the said spouses shall grant leave and guarantee the corresponding pay in accordance with regulations, and shall not lay off or dismiss them or terminate employment on account of such visits. Travel expenses for such visits incurred by eligible military spouses, minor children or adult children who cannot support themselves shall be covered by the servicepersons’ military units.

Article 39 The state establishes a sound education and training system for servicepersons to guarantee their right to education, organizes general and specialized training and supports the servicepersons to attend such training, and improves their ability to perform their duties and to start a career after leaving active service.

Article 40 The lawful rights and interests of servicewomen are protected by law. The military shall reasonably arrange the work tasks, rest and leave of servicewomen based on their characteristics, and provide special maternity and health protection for servicewomen.

Article 41 The state provides special protection for the marriage of servicepersons and prohibits any act that undermine the marriage of servicepersons.

Article 42 The officers’ and eligible non-commission officers’ spouses, minor children, and adult children who cannot support themselves may apply for household registration in the place where the officers and non-commission officers are in active service. Eligible servicepersons’ parents may, in accordance with regulations, apply for household registration in the place where their children are in active service. Children whose parents are both eligible servicepersons may apply for household registration in either of the places where their parents are in active service.

Where servicepersons’ location of active service is changed, their military dependents who live with them may transfer their household registration to the new location or to the household registration places of the servicepersons or their spouses, or to the household registration places of the parents of the servicepersons or the parents of their spouses.

Relevant departments of local people’s governments and military units shall process the applications for household registration by family members of servicepersons with efficiency and in a timely manner.

Article 43 The state guarantees the administration of the household registrations of servicepersons and their military dependents and protects the rights and interests therefrom.

Citizens shall retain their household registration despite enlistment in the military.

Eligible servicepersons shall enjoy the same rights and interests in terms of education, elderly care, medical care, and housing as registered populations in the places where they are in active service.

Measures for administering household registrations of servicepersons and protecting the rights and interests therefrom shall be prescribed by the State Council and the Central Military Commission.

Article 44 The state shall, in accordance with relevant provisions of laws and regulations on support for veterans, resettle veterans that have been discharged from active duty on conditions other than dishonorable, and provide preferential treatment for them in accordance with the law.

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.

Chapter VI Legal Liability

Article 63 Where a state organ, a military unit or any of their staff members, in violation of the provisions of this Law, abuses the power, neglects the duties or engages in malpractices for private gain in the protection of the status, rights, and interests of servicepersons, the organ or the unit, the competent departments overseeing the organ or the unit, or the higher-level authority shall give an order of corrections, and the responsible leading persons and directly liable persons shall be given sanctions in accordance with the law.

Article 64 Where a people’s organization, enterprise, public institution, social organization or any other organization, in violation of the provisions of this Law, fails to perform its obligation to provide preferential treatment for servicepersons, relevant departments shall order it to make corrections; and the directly liable persons in charge and other directly liable persons shall be given sanctions in accordance with the law.

Article 65 Where anyone, in violation of the provisions of this Law, defames or denigrates the honors of servicepersons, insults or slanders servicepersons through mass media or other means, or intentionally destroys or defaces the marks of honor of servicepersons, competent departments of public security, culture and tourism, press and publication, film, radio and television, cyberspace, or others, shall, in accordance with their respective mandate, order corrections be made, and handle the violation in accordance with the law. Where any mental damage is caused, the victim shall have the right to compensation for the mental distress.

Article 66 Where any honor, benefit, or subsidy prescribed in this Law is fraudulently claimed or obtained by means of fraud and falsification of proof documents, relevant departments shall revoke such benefit and impose on the violator administrative penalties such as confiscation of the illegal income in accordance with the law.

Article 67 Anyone who, in violation of the provisions of this Law, infringes upon the lawful rights and interests of servicepersons and causes property loss or other damage shall bear civil liability in accordance with the law.

Where a violation of the provisions of this Law constitutes a violation of public security administration, the violator shall be subject to public security administration penalties in accordance with the law. And where a violation constitutes a crime, the violator shall be held criminally accountable in accordance with the law.

Chapter VII Supplementary Provisions

Article 68 For the purpose of this Law, the term “military dependents” means servicepersons’ spouses, parents (fosterers), minor children, and adult children who cannot support themselves.

For the purpose of this Law, the term “survivors of martyrs and servicepersons who died in the line of duty or due to medical conditions” means the spouses, parents (fosterers), and children of martyrs and servicepersons who died in the line of duty or due to medical conditions, as well as siblings under their legal guardianship of the said martyrs and servicepersons.

Article 69 This Law applies to officers, non-commissioned officers, and conscripts of the Chinese People’s Armed Police Force.

Article 70 Provinces, autonomous regions, and municipalities directly under the central government may, in light of their local conditions, develop specific measures to protect the status, rights, and interests of servicepersons in accordance with this Law.

Article 71 This Law shall come into force as of August 1, 2021.1

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