Law of the People’s Republic of China on the Protection of the Rights and Interests of the Elderly — Full English Translation (1996, Amended 2018)

Chapter I: General Provisions

Article 1 This Law is enacted in accordance with the Constitution for the purposes of safeguarding the lawful rights and interests of the elderly, developing undertakings for the elderly, and promoting the Chinese nation’s fine traditions of respecting, caring for, and supporting the elderly.

Article 2 For the purposes of this Law, “the elderly” means citizens who have reached the age of 60 or above.

Article 3 The State shall protect the rights and interests enjoyed by the elderly according to law. The elderly shall have the right to obtain material assistance from the State and society, the right to enjoy social services and social preferential treatment, and the right to participate in social development and share in the fruits of development. Discrimination, insult, maltreatment, or abandonment of the elderly is prohibited.

Article 4 It is a long-term strategic task of the State to actively respond to the aging of the population. The State and society shall take measures to improve the systems for safeguarding the rights and interests of the elderly, and gradually improve the conditions for ensuring that the elderly are provided for, have access to medical care, have something to do, continue to learn, and enjoy themselves, so as to realize care and support for the elderly, medical care for the elderly, meaningful activities, continued learning, and happiness in old age.

Article 5 The State shall establish a multi-tiered social security system for the elderly and gradually enhance the level of security for the elderly. The State shall establish and improve a social old-age service system with home-based care as the foundation, community care as the support, and institutional care as the supplement. The entire society shall attach importance to, cherish, and protect the elderly. The State encourages social organizations and individuals to provide support, assistance, and services to the elderly.

Article 6 People’s governments at all levels shall incorporate undertakings for the elderly into their national economic and social development plans, include the expenses for undertakings for the elderly in their fiscal budgets, establish a stable funding guarantee mechanism, and encourage all sectors of society to invest in undertakings for the elderly, so as to promote the coordinated development of undertakings for the elderly with the economy and society.

Article 7 The protection of the lawful rights and interests of the elderly is the common responsibility of the entire society. State organs, social organizations, enterprises, public institutions, and other organizations shall, in accordance with their respective duties, carry out the work of safeguarding the rights and interests of the elderly. Residents’ committees, villagers’ committees, and organizations established according to law in urban and rural communities shall reflect the demands of the elderly, safeguard the lawful rights and interests of the elderly, and serve the elderly.

Article 8 The State shall conduct education on national conditions concerning the aging of the population and enhance the awareness of the entire society on actively responding to the aging of the population. The whole society shall extensively carry out publicity and education activities on respecting, caring for, and supporting the elderly, and foster a social environment of respecting, caring for, and supporting the elderly. Youth organizations, schools, and kindergartens shall conduct education on ethics and the legal system concerning respecting, caring for, and supporting the elderly. Radio, film, television, newspapers, the internet, and other media shall reflect the life of the elderly and carry out publicity on safeguarding the lawful rights and interests of the elderly.

Article 9 The State shall support research on the science of aging and establish a statistical survey and information release system on the status of the elderly.

Article 10 People’s governments at all levels and relevant departments shall, in accordance with relevant State regulations, commend and reward the organizations, families, or individuals that have made remarkable achievements in safeguarding the lawful rights and interests of the elderly, respecting, caring for, and supporting the elderly, and in the work of undertakings for the elderly.

Article 11 The elderly shall abide by laws, fulfill their obligations as prescribed by law, and actively participate in various activities in the society within their capabilities.

Article 12 The ninth day of the ninth lunar month each year shall be celebrated as the Seniors’ Day.

Chapter II: Support and Maintenance by Families

Article 13 Elderly people shall be provided for primarily by their families, and their family members shall care for and look after the elderly. Supporters of the elderly shall fulfill their obligations to provide financial support, daily care, and emotional comfort to the elderly, and shall attend to their special needs. “Supporters” as used in this Law means the children of the elderly and other persons who are legally obligated to support the elderly. Spouses of the supporters shall assist the supporters in fulfilling their support obligations.

Article 14 Supporters shall ensure that the elderly suffering from illness receive timely treatment and care, and shall be responsible for the medical expenses of the elderly who have financial difficulties. Supporters shall not compel the elderly to engage in labor beyond their capacity.

Article 15 The housing of the elderly shall be properly arranged by the supporters. Supporters shall not force the elderly to live in or move to poor-condition housing. The elderly’s own or inherited housing shall be respected and protected by the supporters and other family members.

Article 16 Supporters shall not refuse to fulfill their support obligations on the grounds of giving up the right of inheritance or on other grounds. Where supporters fail to fulfill their support obligations, the elderly shall have the right to demand support payments from the supporters.

Article 17 Supporters may enter into agreements among themselves on the performance of their support obligations, subject to the consent of the elderly. Residents’ committees, villagers’ committees, or the organizations of the supporters shall supervise the performance of such agreements.

Article 18 The personal freedom of the elderly shall be protected by law. The elderly’s freedom of marriage shall be protected by law. Their children or other relatives shall not interfere with their divorce, remarriage, or post-remarriage life. Supporters’ obligation to support the elderly shall not be terminated by any change in the elderly’s marital status.

Article 19 The elderly shall have the right to dispose of their personal property according to law, and their children or other relatives shall not interfere with or extort money or property from the elderly. The elderly shall have the right to inherit the inheritance of their parents, spouses, children, or other relatives according to law, and the right to receive gifts and other benefits.

Chapter III: Social Security

Article 20 The State shall establish a social old-age insurance system to protect the basic living needs of the elderly. The State shall establish and improve a basic old-age insurance system to ensure the basic livelihood of the elderly.

Article 21 The State shall establish and improve a basic medical insurance system to ensure the basic medical needs of the elderly. When formulating medical insurance policies, relevant departments shall take into account the special needs of the elderly. Medical expenses enjoyed by the elderly entitled to basic medical insurance benefits shall be paid in a timely manner in accordance with relevant State regulations.

Article 22 The State shall establish a long-term care insurance system to provide long-term care support to the elderly who are disabled or suffering from dementia. Where conditions permit, local people’s governments at all levels may grant nursing subsidies to elderly persons who cannot take care of themselves due to financial hardship.

Article 23 The State and local people’s governments at all levels shall, in accordance with relevant State regulations, provide assistance to the elderly who have no source of income, no supporters, or whose supporters are unable to support them.

Article 24 The State shall establish and improve the welfare system for the elderly and increase the social welfare of the elderly in accordance with the level of economic and social development and the actual needs of the elderly. The State encourages localities to establish a system of old-age allowances for elderly persons aged 80 and above.

Article 25 The State shall encourage and support social organizations and individuals in establishing various types of elderly service institutions through means such as sole proprietorship, joint venture, cooperation, public-private partnership, and others.

Chapter IV: Social Services

Article 26 People’s governments at all levels shall incorporate the development of elderly service institutions into their urban and rural planning, and make overall arrangements for the construction of elderly service institutions, facilities, and venues. Local people’s governments at all levels and relevant departments shall take measures to develop urban and rural community elderly care services, encourage and support professional service organizations and other social organizations and individuals in providing meal services, medical care, housekeeping, emergency assistance, and other convenient services to the elderly living at home.

Article 27 The State shall establish a sound mechanism for evaluating the quality of elderly care services, strengthen supervision and administration of elderly care service institutions, and promote the healthy development of the elderly care service industry.

Article 28 Elderly service institutions established with government investment shall give priority to ensuring the service needs of the elderly in financial hardship and shall not seek profits. Elderly service institutions established with government investment shall be used primarily for elderly care services and shall not be used for other purposes without authorization.

Article 29 Elderly service institutions and their staff members shall not infringe upon the personal rights and property rights of the elderly. Elderly service institutions shall enter into service agreements with the elderly receiving services or their agents, specifying the rights and obligations of both parties.

Article 30 The State shall establish a network of elderly education and enrich the spiritual and cultural life of the elderly. The State shall develop elderly education and incorporate it into the system of lifelong education.

Chapter V: Social Preferential Treatment

Article 31 People’s governments at the county level and above and their relevant departments shall, in accordance with the characteristics and needs of the elderly, formulate preferential treatment measures and provide the elderly with preferential treatment and assistance in aspects such as government services, transport, medical treatment, and daily consumption.

Article 32 Where the elderly are involved in disputes over their rights and interests and need legal services but are unable to pay the fees due to financial hardship, they may receive legal aid in accordance with relevant State regulations. Legal aid institutions shall simplify the procedures and give priority to providing legal aid to the elderly.

Article 33 The State encourages museums, art galleries, science and technology museums, memorial halls, public libraries, cultural centers, cinemas, theaters, parks, places of historic interest and scenic beauty, tourist attractions, and other such venues to offer free or discounted admission to the elderly.

Article 34 The elderly shall enjoy priority in purchasing tickets or checking in at transport stations, ports, airports, and similar venues, and public transport shall set up special seats for the elderly and passengers who are frail, ill, disabled, or pregnant.

Chapter VI: Livable Environment

Article 35 In formulating urban and rural plans, the State shall take into account the needs of the aging population, make overall planning for the construction of facilities suitable for the daily life of the elderly, and establish a social environment suitable for the elderly to live in.

Article 36 The State shall promote the construction of barrier-free facilities in new construction, reconstruction, and expansion projects such as roads, public transport, public buildings, and residential areas, and shall promote the renovation of barrier-free facilities in facilities already built. The State shall promote and popularize barrier-free information exchange services suitable for the elderly.

Article 37 Local people’s governments at all levels shall strengthen leadership in the construction of elderly care and service facilities, and incorporate the construction of elderly care facilities into urban and rural community supporting facilities construction plans.

Chapter VII: Participation in Social Development

Article 38 The State and society shall attach importance to and cherish the knowledge, skills, experience, and fine moral character of the elderly, enable the elderly to bring into play their expertise and role, and safeguard their lawful rights and interests in participating in economic, political, cultural, and social life.

Article 39 The State shall provide conditions for the elderly to participate in social development. In accordance with the needs of society and the possibility, the elderly are encouraged to engage in activities such as passing on their cultural and professional knowledge, providing consulting services, participating in the development and application of science and technology, conducting business and production activities according to law, participating in public welfare activities, participating in public security management, and mediating civil disputes.

Article 40 Where the elderly participate in work activities and receive lawful remuneration, their lawful income shall be protected by law. No entity or individual shall deduct, reduce, or suspend the payment of pension, medical, and other benefits and material assistance received by the elderly on the grounds of their remuneration.

Chapter VIII: Legal Liability

Article 41 Where a supporter fails to fulfill the support obligations and the elderly suffer infringement of their personal rights, the elderly or their agents may request the relevant entity to mediate or may directly bring a lawsuit in the people’s court according to law. The people’s court may, according to the application of the elderly, make a ruling for advance execution in respect of the elderly’s request for support payments.

Article 42 Where anyone insults, maltreats, or abandons the elderly, and the circumstances are relatively minor, the public security organ shall impose administrative penalties in accordance with the Law on Penalties for Administration of Public Security; where a crime is constituted, criminal liability shall be pursued according to law.

Article 43 Where any organization or individual infringes upon the lawful rights and interests of the elderly, and the circumstances are relatively minor, the relevant department shall order it to make corrections and impose administrative penalties; where losses are caused, it shall bear civil liability according to law; where a crime is constituted, criminal liability shall be pursued according to law.

Article 44 Where any entity or individual, in violation of the provisions of this Law, misappropriates, intercepts, or withholds funds or materials for elderly care services, the relevant department shall order it to make corrections and pursue the liability of the directly responsible person in charge and other directly responsible personnel according to law.

Article 45 Where an elderly service institution or its staff members infringe upon the personal rights and property rights of the elderly, the civil affairs department shall order it to make corrections; where losses are caused, it shall bear civil liability according to law; where the circumstances are serious, the civil affairs department shall revoke its permit or registration; where a crime is constituted, criminal liability shall be pursued according to law.

Chapter IX: Supplementary Provisions

Article 46 The people’s congresses of ethnic autonomous areas may, in accordance with the principles of this Law and in light of the characteristics of the local ethnic groups and the specific conditions of the elderly, formulate adaptive or supplementary provisions in autonomous regulations or special regulations. Autonomous regulations and special regulations formulated by autonomous regions shall be submitted to the Standing Committee of the National People’s Congress for approval; those formulated by autonomous prefectures and autonomous counties shall be submitted to the standing committees of the people’s congresses of the relevant provinces or autonomous regions for approval.

Article 47 This Law shall enter into force as of October 1, 1996.