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Law on Protection of the Rights and Interests of the Elderly of China (2018)


Type of laws Law

Issuing body Standing Committee of the National People's Congress

Promulgating date Dec 29, 2018

Effective date Dec 29, 2018

Validity status Valid

Scope of application Nationwide

Topic(s) Human Rights Law

Editor(s) C. J. Observer

The Law on Protection of the Rights and Interests of the Elderly of China was promulgated in 1996, and amended in 2009, 2012, 2015 and 2018 respectively. The latest revision entered into force on December 29, 2018.

There are 85 articles in total.

The key points are as follows:

1.This Law is formulated to protect the lawful rights and interests of the elderly, develop the undertakings related to the elderly, and promote the Chinese people’s virtues of respecting, providing for and helping the elderly.(Article 1)

2.The “elderly” refers to citizens at or above the age of 60.(Article 2)

3.The elderly shall be provided for mainly by their families at home, and their family members shall respect, care for and look after them.(Article 13)

4.Supporters of the elderly shall perform their duties of providing for, taking care of and comforting the elderly, and cater to the elderly’s special needs. Supporters referred to here are the sons and daughters of the elderly and other people who are under the legal obligation to provide for the elderly. The spouses of the supporters shall assist the supporters in performing their obligation to provide for the elderly.(Article 14)

5.The state shall guarantee the basic living of the elderly through the basic pension insurance system, and the basic medical needs of the elderly through the basic medical insurance system.(Article 29)

6.The local people’s governments shall take measures to develop urban and rural community-based elderly care services, encourage and provide support for professional service institutions and other organizations and individuals to provide the elderly living at home with various forms of services such as living care, emergency rescue, medical care, mental comfort, and psychological counseling.(Article 37)

7.The local governments shall, in accordance with the economic and social development and special needs of the elderly, formulate measures for preferential treatment for the elderly and gradually increase the level of preferential treatment.(Article 53)

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