Chapter 1 General ProvisionsEdit
This Law is enacted in accordance with the Constitution of the People's Republic of China to conduct law-based management of civil servants, safeguard their lawful rights and interests, strengthen supervision over them, ensure the fulfilling of their duties, and see that civil servants are competent and professional, firm in ideal and conviction, willing to serve the people, diligent in work, ready to take on responsibilities, and honest and upright.
The term "civil servant" used in this Law refers to an employee who performs official duties in accordance with law, whose job is a part of government organizational set-up and whose salary and benefits are paid by the State.
The team of civil servants is an important part of the employees of the State and the backbone of the cause of socialism. They are public servants of the people.
This Law stipulates the obligations, rights and management of civil servants.
Where there are other provisions in the laws governing the election, selection, appointment and removal of and the supervision over leading officials among civil servants, and the obligations, rights and management of supervisory officials, judges and procurators, such provisions shall prevail.
The civil servant system shall be under the leadership of the Communist Party of China and the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Theory of Three Represents, the Scientific Outlook on Development and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era. It shall be guided by the overarching guidelines for the primary stage of socialism and the organizational guidelines of the Communist Party of China for a new era, and it shall be run on the principle that the Communist Party of China is responsible for the management of officials.
Civil servants shall be managed in accordance with the principle of openness, equality, competition and selection on the basis of merits, and in accordance with statutory powers, requirements, standards and procedures.
Civil servants shall be managed in accordance with the principle of placing equal emphasis on supervision and constraint and on incentives and work related benefits.
Civil servants shall be appointed on the basis of both moral integrity and professional competence, with the former taking precedence. Their appointment should be merit-based and widely inclusive in nature. Those who are appointed should be dedicated to work, impartial and upright, meet high political standards and deliver good performance.
The State exercises category-based management of civil servants to ensure efficiency and performance.
When taking office, civil servants shall swear allegiance to the Constitution in accordance with law.
Civil servants shall be protected by law when performing official functions and duties in accordance with law.
The expenditures related to the salaries, benefits and insurance and the recruitment, award, training and dismissal of civil servants shall be guaranteed and included in the government budget.
The central-level department in charge of work related to civil servants shall be responsible for the comprehensive management of civil servants nationwide. Local-level departments in charge of work related to civil servants at the county level or above shall be responsible for comprehensive management of civil servants within areas under their respective jurisdictions. The departments in charge of work related to civil servants at a higher level shall give guidance to the management of civil servants conducted by such departments at a lower level. The departments in charge of work related to civil servants at various levels shall give guidance to the management of civil servants conducted by other state organs at the same level.
Chapter 2 Qualifications, Obligations and Rights of Civil ServantsEdit
A civil servant shall meet the following qualifications:
(1) Having the nationality of the People's Republic of China;
(2) Reaching the age of 18;
(3) Supporting the Constitution of the People's Republic of China, leadership of the Communist Party of China and the socialist system;
(4) Having political and moral integrity;
(5) Being physically and psychologically qualified for normal performance of functions and duties;
(6) Possessing education and working ability required for the post; and
(7) Other qualifications prescribed by law.
Civil servants shall perform the following obligations:
(1) Being loyal to the Constitution, exemplarily observing and willingly upholding the Constitution and laws, and consciously following the leadership of the Communist Party of China;
(2) Being loyal to the State and safeguarding national security, honor and interests;
(3) Being loyal to the people, serving the people wholeheartedly and accepting the supervision of the people;
(4) Being dedicated to duties, fulfilling responsibilities diligently, accepting and implementing decisions and orders made by the higher authorities in accordance with law, performing functions and duties in accordance with prescribed powers and procedures, and striving to improve performance and efficiency;
(5) Keeping State secrets and work-related secrets;
(6) Taking the lead in practicing core socialist values, upholding the rule of law, observing disciplines, adhering to professional ethics, and exemplarily observing social ethics and family virtues;
(7) Being upright, fair and honest; and
(8) Other obligations prescribed by law.
Civil servants shall enjoy the following rights:
(1) Being provided with working conditions necessary for performing their functions and duties;
(2) Not being removed from office, demoted, dismissed or subjected to disciplinary sanction unless on statutory grounds and through statutory procedures;
(3) Receiving remunerations and enjoying benefits and insurance;
(4) Taking part in training;
(5) Making criticisms and proposals regarding work of the office and to heads of office;
(6) Making appeals and accusations;
(7) Applying for resignation; and
(8) Other rights prescribed by law.
Chapter 3 Posts, Grades and LevelsEdit
The State practices a system of post categorization for civil servants.
The posts held by civil servants shall, according to their natures and characteristics and the need of management, be categorized as general management, professional and technical expertise, enforcement of laws and government regulations, etc. Where a post necessitates separate management due to its specific characteristics, a new category for such post may be established in accordance with this Law. The scope of application for different categories of posts shall be prescribed by the State.
The State practices a system of both posts and grades for civil servants, in which a sequence for the leading posts and grades held by civil servants shall be set up on the basis of the categories and duties of such leading posts and grades.
The leading posts of civil servants shall be set up in accordance with the Constitution, relevant laws and the ranking of their offices in the government system.
The levels of leading posts are as follows: chief and deputy at the national level, chief and deputy at the provincial and ministerial level, chief and deputy at the bureau level, chief and deputy at the county and division level, and chief and deputy at the township and section level.
The grades of civil servants shall be set up at the bureau level and below.
The sequencing levels of the grades of civil servants under the category of general management shall be as follows: bureau level officials at level 1 and level 2; division level officials at level 1, level 2, level 3, and level 4; principal staff members at level 1, level 2, level 3, and level 4; staff members at level 1 and level 2. The sequencing levels of the grades of civil servants under categories other than that of general management shall be prescribed separately by the State in accordance with this Law.
Each state organ shall set up specific posts for its civil servants in accordance with its specified functions, ranking, size of its staff, number of posts and proportion of structure, and set the official duties and functions for such posts and the qualifications for holding them.
The leading posts and grades of civil servants shall have corresponding levels. The relationship between such leading posts and grades and their corresponding levels shall be prescribed by the State.
Civil servants may be reassigned between the leading posts and corresponding grades or may concurrently hold both in accordance with the need of work and the corresponding relationship between leading posts and grades. Where they meet prescribed qualifications, civil servants may be promoted to leading posts or higher grades.
The level of a civil servant shall be determined based on the leading post or grade he or she holds, his or her ethical standard and professional competence, actual achievements in work and seniority. A civil servant of the same leading post or grade may be promoted in level in accordance with relevant State regulations.
The leading posts, grades and levels of civil servants are the basis for determining their salaries and other benefits.
The State shall, based on the nature of work, establish ranks for such civil servants as the people's police, firefighting and rescue staff, civil servants of the Customs and diplomatic missions stationed abroad, which shall correspond to their leading posts or grades.
Chapter 4 RecruitmentEdit
Civil servants for the posts of principal staff member at level 1 or below and other grades at corresponding levels shall be recruited through open examination, strict review, competition on an equal footing, and merit-based selection.
When recruiting civil servants in accordance with the preceding paragraph, state organs in places of ethnic autonomy may, in accordance with laws and relevant regulations, give proper preferential treatment to candidates of ethnic minorities.
The central-level department in charge of work related to civil servants shall be responsible for managing the process of recruiting civil servants for state organs at the central level and the agencies or institutions directly under them. The departments in charge of work related to civil servants at the provincial level shall be responsible for managing the process of recruiting civil servants for the local state organs at various levels; when necessary, they may authorize the departments in charge of work related to civil servants at the level of a city divided into districts to manage such recruitment process.
One who applies to take part in civil servants recruitment examination shall meet, in addition to the qualifications specified in Article 13 of this Law, other qualifications for the post he or she intends to hold as specified by the department in charge of work related to civil servants at the provincial level or above.
The State applies a unified system of legal profession qualifications examination to civil servants in departments of government administration who for the first time engage in the work such as reviewing administrative penalty decisions, conducting administrative reconsideration, or making administrative rulings or serving as legal advisers. The said system shall be implemented by the judicial department of the State Council in consultation with relevant government departments.
One shall not be recruited as a civil servant if he or she is:
(1) subjected to criminal penalty for committing a crime;
(2) expelled from the Communist Party of China;
(3) expelled from public office;
(4) on the list of people subjected to joint sanctions in accordance with law for losing credit; or
(5) under other circumstances specified by law that disqualify people from being recruited as civil servants.
Civil servants shall be recruited within the authorized staffing number and with vacancies available.
A public notice on the examination for recruiting civil servants shall be issued when recruiting civil servants. The notice shall clearly state the posts available, the number of civil servants needed, job qualifications, application materials to be submitted, and other related matters.
The recruiting organs shall take necessary measures to facilitate citizens in applying for taking part in recruiting examination.
The recruiting organs shall review applications for taking part in recruitment examination in accordance with the required qualifications for applicants. The application materials submitted by the applicants shall be authentic and accurate.
The examination for recruiting civil servants shall be conducted through written examination, interview, etc. The contents of examination shall be determined in accordance with the basic ability required, the categories of posts available and the rankings of the state organs concerned.
The recruiting organs shall, on the basis of the examination results, decide on candidates for review, reexamine their qualifications, conduct review and organize physical check-ups for them.
The items of and standards for physical checkup shall be determined based on post requirements. The related specific measures shall be formulated by the central-level department in charge of work related to civil servants in consultation with the administrative department for health of the State Council.
The recruiting organs shall, on the basis of the results of examination, review and physical check-up, propose and issue public notices of name lists of candidates to be recruited. The period of such public notices shall last not less than five working days.
Upon the expiration of the public notice period, the recruiting state organs at the central level shall submit the name lists of candidates it intends to recruit to the central level department in charge of work related to civil servants for the record; local recruiting organs at various levels shall submit the name lists of candidates to be recruited to the departments in charge of work related to civil servants at the provincial level or at the level of a city divided into districts for review and approval.
Upon approval by the departments in charge of work related to civil servants at the provincial level or above, simplified procedures or other test and evaluation methods may be used in recruiting civil servants for special posts.
The probation period for a newly recruited civil servant shall be one year. Where the civil servant in question is proved qualified upon the expiration of the probation period, he or she shall be employed; where the civil servant in question is proved not qualified upon the expiration of the probation period, his or her recruitment shall be canceled.
Chapter 5 EvaluationEdit
Evaluation of the performance of civil servants shall be conducted in accordance with the terms of reference of management in an all-round way and cover aspects such as moral integrity, competence, diligence, achievements and probity, with special attention paid to political integrity and actual achievements in work. Indicators for evaluating of civil servants shall be determined in accordance with the categories of posts and the rankings of state organs.
The evaluation of the performance of civil servants shall consist of routine evaluation, special evaluation and regular evaluation. Regular evaluation of the performance of civil servants shall be made on the basis of routine evaluation and special evaluation.
Regular evaluation of the performance of civil servants who are not leading officials shall be in the form of annual evaluation. A civil servant shall first present a review of his or her performance based on the duties and functions of his or her post and the relevant requirements.The competent official in charge, after listening to the opinions of other staff members, shall make a proposal concerning the grade of the evaluation, based on which the chief of the state organ or an authorized evaluation committee shall decide on the grade of the evaluation.
Evaluation of the performance of leading officials shall be conducted by the competent authorities in accordance with relevant regulations.
The results of regular evaluation of the performance of civil servants shall consist of four grades: "excellent", "competent", "basically competent", and "incompetent".
Civil servants shall be informed in writing of the results of regular evaluation of their own performance.
The results of regular evaluation shall serve as the basis for adjusting the posts, duties, grades, levels and salaries of civil servants and for awarding, training and dismissing civil servants.
Chapter 6 Appointment and RemovalEdit
The system of election, appointment and contract-based employment shall be applied for civil servants to hold leading posts. The system of appointment and contract-based employment shall be applied for civil servants to hold grades.
The tenure system shall apply to civil servants who hold leading posts in accordance with relevant State regulations.
A civil servant to whom election is applicable shall take the post he or she is elected to when the result of election takes effect; the term of office shall end if the civil servant concerned does not renew the term of office upon expiration, or if he or she resigns, is removed or dismissed from the post during the term of office.
When a civil servant to whom the appointment is applied passes the evaluation upon the expiration of the probation period, thus causing a change in his or her post or grade, or falls under any other circumstances that necessitates his or her appointment to or removal from office in terms of post or grade, he or she shall be appointed or removed in accordance with the terms of reference of management and due procedures.
The appointment of civil servants shall be made within the limit of authorized staffing number and number of the posts and when there are vacancies for such posts.
Where due to the need of work, a civil servant concurrently holds a post outside the state organ he or she belongs to, the matter shall be subject to the approval of the authority concerned, and he or she shall not receive any remuneration for the post he or she concurrently holds.
Chapter 7 Promotion and DemotionEdit
A civil servant to be promoted to a leading post shall meet the requirements and qualifications in terms of political integrity, working ability, educational level and work experience.
Promotion of civil servants to leading posts shall be made level by level. Where a civil servant is exceptionally excellent, or where there is a special need of work, an exception may be made or certain level may be skipped in his or her promotion in accordance with relevant regulations.
Where a civil servant is to be promoted to a leading post, the matter shall be handled in accordance with the following procedures:
(2) democratic recommendation;
(3) determination of the candidate for evaluation and the conduct of such evaluation;
(4) discussion of and decision on the candidate in accordance with the terms of reference of management; and
(5) completion of formalities for the appointment.
Where a leading post below the bureau level becomes vacant but there is no suitable candidate within the state organ, the candidates may be publicly selected for the post in an appropriate manner.
Where a civil servant is to be promoted to a leading post, a public notice shall be issued prior to his or her assuming the post, and there shall be a probation period for him or her in accordance with relevant regulations.
Civil servants shall be promoted to higher grades one level at a time. The candidates to be promoted in grade shall be determined based on their moral integrity, professional competence, work performance and seniority, with reference to the results of democratic recommendation or survey conducted. After the public notice period ends, the candidates shall be examined and approved in accordance with the terms of reference of management.
Civil servants may be promoted and demoted in terms of their posts and grades. Where a civil servant is not suitable for the current post or grade or is incompetent at such a post or grade, his or her post or grade shall be adjusted accordingly.
Where a civil servant is found to be incompetent in the annual performance evaluation, he or she shall be demoted to a post or grade at the next lower level in accordance with prescribed procedures.
Chapter 8 AwardsEdit
Civil servants or a team of civil servants with outstanding performance, remarkable achievements and contributions in work, or other outstanding meritorious deeds shall be awarded. The principle of giving both regular award and timely award, and both moral encouragement and material award with the former as the main form, shall be applied.
The award to a team of civil servants may be given to an office within the government organizational set-up or a working team formed to fulfill a special task.
A civil servant or a team of civil servants shall be awarded under one of the following circumstances:
(1) Being devoted to official duties, working with drive, living up to responsibility, and achieving outstanding performance in work;
(2) Abiding by disciplinary rules and laws, being honest, dedicated, upright, and impartial, and playing an outstanding exemplary role;
(3) Having made inventions and innovations in work or put forward good proposals that produced remarkable economic or social benefits;
(4) Having made outstanding contributions to enhancing ethnic unity and maintaining social stability;
(5) Having made outstanding achievements in protecting public property and conserving resources and funds of the State;
(6) Having outstanding performance in preventing or resolving accidents, thus protecting the interests of the State and the people from being undermined or reducing the losses;
(7) Having made outstanding contributions under special circumstances such as emergency rescue and disaster relief;
(8) Having performed meritorious deeds in combating violations of disciplinary rules or laws;
(9) Having won honors and secured interests for the State in international exchanges; or
(10) Having other outstanding achievements.
Awards shall consist of the following: citation, honor of third class merit, honor of second class merit, honor of first class merit, and the conferring of an honorary title.
Civil servants or a team of civil servants who are awarded shall be commended; one who is awarded shall be given a lump sum monetary award or other benefits.
An award intended for a civil servant or a team of civil servants shall be decided or approved in accordance with prescribed terms of reference and due procedures.
Commemorative certificates or medals may be granted, in accordance with relevant State regulations, to civil servants who have participated in an important mission during a particular period or in a specified field.
An award given to a civil servant or a team of civil servants shall be revoked under one of the following circumstances:
(1) Having obtained the award through fraud or deception;
(2) Having concealed serious mistakes or severely violated relevant procedures when applying for the award;
(3) Committing an act such as serious violation of disciplinary rules or laws that tarnishes the honorary title; or
(4) Other circumstances under which the award should be revoked as required by relevant laws and regulations.
Chapter 9 Supervision and PunishmentEdit
State organs shall supervise the performance of their civil servants in terms of political integrity, fulfillment of functions and duties, work conduct and compliance with disciplinary rules and laws. They shall raise staff awareness of the need to be diligent and corruption free in work, and establish a regular management and supervision system.
Where problems are discovered in the process of supervision of civil servants, the following measures shall be taken for different cases: conversation with a warning, criticism, demand of making self-criticism, admonition, post adjustment or sanction.
Where a civil servant is suspected of committing a job-related violation of law or crime, he or she shall be turned over to the supervisory organ to be dealt with in accordance with law.
A civil servant shall willingly accept supervision, seek instructions on work from and submit report on his or her work to the higher authority, and report personal matters in compliance with relevant regulations.
Civil servants shall abide by disciplinary rules and laws. They shall not commit any of the following acts:
(1) Disseminating any statement detrimental to the authority of the Constitution, the reputation of the Communist Party of China and the State, or organizing or participating in activities such as assembly, procession and demonstration aimed at opposing the Constitution, the leadership of the Communist Party of China and the State;
(2) Organizing or participating in an illegal organization, or organizing or participating in a strike;
(3) Creating discord in or undermining ethnic relations, participating in ethnic separatist activities, or organizing or using religious activities to undermine national unity or social stability;
(4) Failing to take on responsibility, committing nonperformance, neglecting duty, or causing delay in work;
(5) Refusing to implement a decision or order made by the higher authority in accordance with law;
(6) Suppressing or retaliating against those who have made criticism, raised complaint, made accusation or reported offenses;
(7) Misleading or deceiving the leadership team or the public by means of fraud and deception;
(8) Committing embezzlement or bribery, or seeking gains for oneself or others by taking advantage of one's post;
(9) Violating financial disciplines, and wasting resources and funds of the State;
(10) Abusing power, and infringing upon the lawful rights and interests of citizens, legal persons or other organizations;
(11) Divulging State secrets or work-related secrets;
(12) Impairing the honor or interests of the State in international exchanges;
(13) Participating in or supporting such activities as pornography, drug abuse, gambling and superstition;
(14) Violating professional ethics or social or family virtues;
(15) Participating in spreading prohibited information online or prohibited online activities in violation of relevant regulations;
(16) Engaging or participating in for-profit activities and concurrently holding a post in enterprises or other for-profit organizations in violation of relevant regulations;
(17) Being absent from work without asking for leave, or failing to return to work without justifiable reasons after finishing work-related missions or upon the expiration of a leave; or
(18) Committing other acts violating the disciplinary rules or laws.
Where a civil servant, when performing official duties, believes that a decision or an order made by a higher authority is erroneous, he or she may put forward a proposal on correction or revocation of such decision or order. If the higher authority refuses to change the decision or order, or demands its immediate implementation, the civil servant concerned shall implement the decision or order, but the higher authority shall be held accountable for the consequences therefrom, and the civil servant concerned shall not be accountable at all for such implementation. However, where a civil servant implements a decision or an order which is obviously in serious violation of law, he or she shall bear due responsibility as specified by law.
Where a civil servant should bear disciplinary accountability for violating disciplinary rules or laws, a disciplinary sanction shall be imposed on him or her in accordance with this Law, or a sanction shall be imposed on him or her by a supervisory organ in accordance with law. Where the violation of disciplinary rules or laws is minor in nature, and the civil servant concerned has made correction after being criticized, he or she may be exempted from sanction.
Where a supervisory body has already decided to impose a sanction on a civil servant for a violation of disciplinary rules or laws, the state organ the civil servant belongs to shall not impose another sanction on him or her for the same violation.
Disciplinary sanctions shall consist of the following: warning, demerit, serious demerit, demotion to a lower post or grade, removal from post, and expulsion from public office.
Disciplinary sanction against a civil servant shall be given on the basis of ascertained facts, established evidence and correct determination of the nature of the case, and it shall be commensurate with the severity of the violation, based on lawful procedures and completed formalities.
Where a civil servant violates disciplinary rules or laws, the authority responsible for imposing disciplinary sanction shall make a decision to investigate the violation, and inform the civil servant concerned of the facts ascertained through investigation and the basis on which a disciplinary sanction is to be imposed on him or her. The civil servant concerned shall have the right to make a statement defending himself or herself. The authority responsible for imposing disciplinary sanction shall not impose a severer sanction because the civil servant has made a statement in his or her own defense.
Where the authority responsible for imposing disciplinary sanction deems that a disciplinary sanction should be imposed on a civil servant, it shall make a decision on such sanction within the prescribed time limit and in accordance with the terms of reference of management and due procedures. The civil servant concerned shall be informed of the decision in writing.
While under a disciplinary sanction, a civil servant concerned shall not be promoted to a higher post, grade and level; the salary level of a civil servant shall not be raised if he or she has received a demerit or a serious demerit, is demoted to a lower grade, or removed from post.
Disciplinary sanctions shall remain effective for 6 months for a warning, 12 months for demerit, 18 months for serious demerit and 24 months for demotion to a lower grade or removal from post.
A civil servant who is removed from post shall be demoted in grade in accordance with relevant regulations.
Where a civil servant shows repentance and has not committed any other violation of disciplinary rules and laws when he or she is under a disciplinary sanction other than expulsion from public office, the sanction shall be lifted automatically upon the expiration of the sanction period.
After a disciplinary sanction is lifted, a civil servant shall not be affected by this disciplinary sanction in terms of promotion to a higher salary level, to a higher level, post or grade. However, the lifting of a disciplinary sanction of demotion to a lower post or grade or removal from post shall not be deemed as the reinstatement to the previous grade, post or level.
Chapter 10 TrainingEdit
State organs shall provide category and level-based training for civil servants according to the requirements of their functions and duties and the need to enhance their professional competence.
The State shall set up institutions specializing in training civil servants. State organs may also, as needed, entrust other training institutions to train its civil servants.
State organs shall provide induction training for their newly recruited staff members during the probation period. Civil servants promoted to leading posts shall receive training before they take up the posts or within one year after they have taken up the posts. Civil servants engaged in specialized work shall receive training on such work. All civil servants shall receive on-job training to enhance their political integrity and professional competence, and update their knowledge. Civil servants in specialized technical categories shall receive corresponding training.
The State shall strengthen training of outstanding young civil servants in a planned way.
Training of civil servants shall be under registration-based management.
The time needed for training civil servants shall be determined by departments in charge of work related to civil servants in accordance with the training requirements specified in Article 67 of this Law.
Training received by a civil servant and his or her performance in such training shall serve as one of the bases for his or her evaluation, appointment or promotion.
Chapter 11 Transfer and RecusalEdit
The State exercises a transfer system for civil servants.
Civil servants may be transferred within the circle of civil servants or to posts managed with reference to this Law; they may also be transferred to posts of a public service nature in state-owned enterprises or in public institutions that are not managed with reference to this Law.
Transfer shall be in the form of assignment or direct transfer to another post.
Persons engaged in public service in state-owned enterprises, institutions of higher learning, research institutes and other institutions not managed with reference to this Law may be assigned to leading posts or to the posts of division level officials at level 4 or above, and to posts at other equivalent levels in state organs.
A person who is to be assigned to a post in a state organ shall meet the requirements specified in Article 13 of this Law and the qualifications required by that post, and the person concerned must not be under one of the circumstances specified in Article 26 of this Law. The state organ that is to accept the assigned person shall, in accordance with the provisions mentioned above, conduct strictly review on the assigned person and make a decision regarding approval in accordance with the terms of reference of management; when necessary, it may give the assigned person a test.
Civil servants to be transferred to different posts shall possess the qualifications required by the posts to be taken; such transfer shall be made within the limits of authorized staffing number and the number of posts.
Leading officials at the provincial or ministerial chief level and below shall be transferred across region or department in a planned and priority-based way.
Civil servants who hold leading posts or other posts of a special nature within a state organ shall be transferred internally to different posts in a planned manner.
Higher level state organs shall give due priority to public selection of civil servants from those at the primary level.
To meet the need of work, a state organ may select and appoint civil servants to serve temporary posts to undertake major engineering projects, major programs, key tasks or other special work.
During the period of serving temporary posts, the civil servants concerned shall remain on the staff of the dispatching organ.
Civil servants shall obey decisions on their transfer made by the authorities.
Where a civil servant applies for being transferred, the application shall be subject to review and approval in accordance with the terms of reference of management.
Where civil servants have a conjugal, lineal blood relationship, or a collateral relative relationship by blood within three generations, or by a close in-law relationship, they shall not hold posts directly under the same leading official within the same office or hold posts that are of a direct superior-subordinate relationship, nor engage in work concerning organization, human resources, disciplinary oversight, supervision, auditing or government finance in a state organ in which one of the above mentioned civil servants holds a leading post.
A civil servant shall not serve as a leading official in a state organ that has regulatory power over or is in charge of an enterprise or a for-profit organization run by his or her spouse, his or her child or child's spouse.
Where there is a need for flexibility in the recusal practice when making a post appointment due to the special nature of certain region or work, the relevant regulations shall be formulated by the department in charge of work related to civil servants at the provincial level or above.
Where a civil servant holds a principal leading post in a state organ at the townships level, county level, or the level of city divided into districts, or in one of its department, locality-based recusal shall be practiced in accordance with relevant regulations.
A civil servant shall recuse himself or herself under one of the following circumstances when performing official duties:
(1) Where any of their personal interests is involved;
(2) Where any of the interests of his or her relatives as prescribed in the first paragraph of Article 74 of this Law is involved; or
(3) Other circumstances which may affect the impartial performance of official duties.
Where a civil servant is under the circumstances requiring recusal, he or she shall apply for recusal; and an interested party shall have the right to apply for a civil servant's recusal. Other people may provide information to the authority concerned regarding the circumstances that require a civil servant's recusal.
The authority concerned shall examine the application made by the aforementioned civil servant or by the interested party, and decide whether or not there is a need for recusal; it may also directly make a decision on the recusal in the absence of an application.
Where there are other provisions in law regarding the recusal of civil servants, such provisions shall prevail.
Chapter 12 Salaries, Benefits and InsuranceEdit
The State practices a uniform salary system for civil servants.
The principle of distribution according to work, which takes into account such factors as duties and responsibilities, competence, actual achievements in work and seniority, shall be applied to the salary system for civil servants, and there shall be a proper difference in salaries between different leading posts, grades or levels.
The State establishes a mechanism to ensure normal salary increase for civil servants.
The salaries of civil servants include basic salaries, allowances, subsidies and bonuses.
A civil servant shall, in accordance with State regulations, enjoy allowances such as extra regional allowances, allowances for poverty-stricken and outlying regions, and post allowances. A civil servant shall, in accordance with State regulations, enjoy subsidies and benefits such as housing allowances and medical benefits.
Where a civil servant is determined as "excellent" or "competent" in regular evaluation, he or she shall enjoy a year-end bonus in accordance with State regulations.
The salary of a civil servant shall be paid on time and in full.
The salary standards of civil servants shall be in keeping with the development of the economy and the progress of society.
The State practices a salary survey system whereby regular surveys and comparisons shall be made between the salary standards of civil servants and those who work at the corresponding levels in enterprises, and the results of the surveys and comparisons shall be the basis for adjusting the salary standards of civil servants.
A civil servant shall enjoy benefits in accordance with State regulations. The State shall raise the standards of benefits for civil servants in keeping with economic and social development.
The working hour system of the State shall apply to civil servants. Civil servants shall enjoy holidays according to State regulations. Where a civil servant works overtime in addition to the statutory working days, he or she shall be entitled to corresponding time off. Where a civil servant working overtime is unable to take the corresponding time off, he or she is entitled to compensation in accordance with State regulations.
A civil servant shall participate in the social insurance schemes in accordance with law and enjoy insurance in accordance with State regulations.
Where a civil servant dies on duty or of illness, his or her family members shall receive a consolation payment and enjoy preferential treatment prescribed by the State.
No state organ shall, on its own, change policies on salaries, benefits and insurance of civil servants in violation of State regulations, or increase or reduce the salaries, benefits or insurance of civil servants without authorization. No state organ shall deduct or be in arrears with payment of salaries to civil servants.
Chapter 13 Resignation and DismissalEdit
Where a civil servant wishes to resign from public office, he or she shall submit an application in writing to the department in charge of civil servant appointment and removal. The said department shall conduct review and make a decision regarding approval within 30 days from the date of receiving the application. If the application is submitted by a leading official who wishes to resign from public office, the said department shall conduct review and make a decision regarding approval within 90 days from the date of receiving the application.
A civil servant shall not resign from public office under one of the following circumstances:
(1) Failing to reach the minimum length of service time as prescribed by the State;
(2) Holding a special post such as involving State secrets, or before the expiration of the required declassifying period prescribed by the State after leaving the post;
(3) Having not finished the handling of important official duties, which require his or her continued work;
(4) Being subjected to auditing, disciplinary or supervisory investigation, or being suspected of a crime and the related judicial proceedings have not been concluded; or
(5) Other circumstances that do not allow for resignation from public office as prescribed by laws or government regulations.
Where a civil servant holding a leading post needs to resign from the current post in accordance with law due to change of work, he or she shall complete formalities for resignation.
A civil servant holding a leading post may apply for resignation from this post of his or her own accord due to personal or other reasons.
Where a leading official causes significant losses or adverse social impact because of making a grave mistake or committing gross negligence of duty in work, or bears accountability as the leading official for a major accident, he or she shall resign from the leading post for failing to fulfill due responsibility.
Where a leading official is no longer suitable for the current leading post for other reasons, or should resign to assume due accountability but fails to tender such resignation, he or she shall be ordered to resign from the leading post.
A civil servant shall be dismissed under one of the following circumstances:
(1) Being determined as incompetent in the annual performance evaluation for two consecutive years;
(2) Being incompetent at the current post but refusing to accept other work assignment;
(3) Refusing to accept reasonable arrangement for necessary post adjustment when the state organ he or she works for is reorganized, dissolved, merged with another one, or when the size of its staff is cut;
(4) Failing to perform the obligations of civil servant, or abide by laws or disciplinary rules concerning civil servants, make no change in such behavior after being admonished and therefore having become unsuitable to remain in the state organ, but the case does not warrant expulsion; or
(5) Being absent from work or failing to return to work with no justifiable grounds after a work-related visit or the expiration of a leave for more than 15 consecutive days or more than 30 days on a cumulative basis within one year.
A civil servant shall not be dismissed under one of the following circumstances:
(1) Having become disabled when performing official duties and been confirmed as having completely or partially lost the ability to work;
(2) Being ill or injured and being still within the prescribed period for medical treatment;
(3) Being within the period of pregnancy, maternity leave or breast feeding in the case of a female civil servant; or
(4) Other circumstances that do not allow for dismissal as prescribed by law or government regulations.
Dismissal of a civil servant shall be decided in accordance with the terms of reference of management. The civil servant to be dismissed shall be informed in writing of the decision and the basis and grounds of dismissal.
The dismissed civil servant may take dismissal pay or receive unemployment insurance in accordance with relevant State regulations.
Where a civil servant resigns from the post or is dismissed, he or she shall complete formalities for handing over official duties before leaving the post, and shall be subjected to auditing where necessary in accordance with relevant regulations.
Chapter 14 RetirementEdit
A civil servant who has reached the retirement age prescribed by the State or has completely lost working ability shall retire from work.
Where a civil servant meets one of the following conditions and applies for retirement of his or her own accord, he or she may retire from work before reaching the retirement age upon approval by the authority in charge of civil servant appointment and removal:
(1) Having worked for 30 years;
(2) Being less than five years from the retirement age prescribed by the State but having worked for 20 years; or
(3) Having satisfied other circumstances for early retirement as prescribed by the State.
After retirement, a civil servant shall enjoy pension and other benefits prescribed by the State. The State shall provide necessary services and assistance for the life and health of retired civil servants and encourage them to participate in social development by bringing their expertise into play.
Chapter 15 Appeal and AccusationEdit
Where a civil servant takes exception to one of the following personnel related decisions concerning himself or herself, he or she may apply to the original authority handling the issue for review within 30 days from the date of learning about the said decision. Where a civil servant takes exception to the review decision, he or she may appeal to the department in charge of work related to civil servants at the same level or to the authority at the next higher level of the original handling authority within 15 days from the date of receiving the review decision in accordance with relevant regulations. The civil servant concerned may also, without going through the review procedure, directly lodge an appeal within 30 days from the date of learning about the said personnel-related decision:
(1) disciplinary sanction;
(2) dismissal or cancellation of recruitment;
(3) demotion to a lower post;
(4) decision on him or her being incompetent in regular evaluation;
(5) removal from office;
(6) denial of the application for resignation or early retirement;
(7) failure in compliance with relevant regulations when determining or cutting salary, benefits or insurance, or
(8) other circumstances against which he or she may lodge an appeal as prescribed by laws and regulations.
Where a civil servant takes exception to a decision on appeal made by an authority at the provincial level or below, he or she may lodge a second appeal to the authority at the next higher level.
The authority that handles appeals from civil servants shall form an impartial committee for such a purpose, which shall be responsible for handling and hearing appeal cases of civil servants.
Where a civil servant takes exception to a decision involving himself or herself made by a supervisory organ and applies to that supervisory organ for a review or reexamination of the said decision, the matter shall be handled in accordance with relevant regulations.
The original authority handling the personnel-related issue shall, within 30 days from the date of receiving the application for review, make a review decision and inform the applicant of its decision in writing. The authority handling the appeal made by a civil servant shall make a decision within 60 days from the date it begins to handle the appeal. Where the case is complicated, the time limit for making a decision may be appropriately extended, but such extension shall not exceed 30 days.
The execution of the personnel-related decision shall not be discontinued during the period of review or appeal.
A civil servant shall not be given aggravated treatment for applying for review or lodging an appeal.
Where the authority hearing an appeal from a civil servant determines after review that the personnel-related decision is erroneous, the original authority that handled the issue shall make correction in a timely manner.
Where a civil servant believes that the state organ he or she works for or its leading officials have infringed upon his or her lawful rights and interests, he or she may make an accusation to the state organ at a higher level or to a supervisory organ in accordance with law. The organ receiving the accusation shall deal with the matter in a timely manner in accordance with relevant regulations.
When lodging an appeal or accusation, a civil servant shall respect facts, and shall not fabricate any facts, lodge any false accusation against or frame others. Anyone who fabricates the facts, lodges a false accusation or frames others shall be held legally liable in accordance with law.
Chapter 16 Contract-based EmploymentEdit
A state organ may, owing to need of work and upon approval by the department in charge of work related to civil servants at the provincial level or above, practice contract-based employment for posts requiring high expertise and posts that are auxiliary in nature.
Where the posts specified in the preceding paragraph involve State secrets, contract-based employment shall not be applied.
When employing civil servants through contract, a state organ may conduct open recruitment with reference to procedures for conducting examination and recruitment of civil servants; it may also directly select and employ people from among those who meet due qualifications.
State organs shall employ civil servants within the prescribed staffing number for such posts and the budget for salary payment.
A state organ shall enter into a written employment contract with an employed civil servant under the principle of equality, voluntariness and consensus through consultation; such contract shall specify the rights and obligations of both the employing organ and the employed civil servant. The employment contract may be changed or terminated upon the agreement reached by both parties to it through consultation.
The conclusion, change or termination of an employment contract shall be submitted to the department in charge of work related to civil servants at the same level for the record.
An employment contract shall include such clauses as the term of the contract, job post and its functions and responsibilities, salary, benefits, insurance, and liabilities for breach of contract.
The term of an employment contract shall be from one to five years. A probation period from one to 12 months may be included in the contract upon agreement.
The system of the negotiated salary shall be applied to civil servants employed through contract; the specific methods in this regard shall be formulated by the central level department in charge of work related to civil servants.
State organs shall manage employed civil servants in accordance with this Law and the employment contracts concluded.
Where a dispute arises over the fulfillment of the employment contract between an employed civil servant and the state organ that he or she works for, he or she may apply for arbitration within 60 days from the date when such a dispute arises.
A personnel dispute arbitration committee shall be set up as needed by the department in charge of work related to civil servants at the provincial level or above to handle applications for arbitration. The personnel dispute arbitration committee shall be composed of the representatives of the department in charge of work related to civil servants, representatives of the employing organ, representatives of civil servants employed through contract and legal experts.
Where a party concerned takes exception to the arbitration award, it may file a lawsuit with a people's court within 15 days from the date of receiving the award. Where a party fails to fulfill an arbitration award after it takes effect, the other party may apply to the people's court for enforcing the award.
Chapter 17 Legal ResponsibilityEdit
Where one of the following violations of this Law occurs, the leading office or the department in charge of work related to civil servants at the county level or above shall, in accordance with the terms of reference of management and in light of different cases, instruct the state organ responsible to make correction, or declare the act or decision concerned null and void. The leading officials concerned bearing due responsibility and the officials directly responsible for the violation shall, in light of the seriousness of the circumstances, be subjected to criticism; or they shall be demanded to make self-criticism, be admonished, or be subjected to post adjustments or sanction. Where the circumstances of violation constitute a crime, criminal responsibility shall be investigated in accordance with law:
(1) Failing to recruit, assign, transfer, engage or promote civil servants in accordance with the authorized staffing number, the number of posts and qualifications for the posts;
(2) Failing to, in accordance with prescribed conditions, give awards to or take disciplinary sanctions against civil servants, implement the practice of recusal for civil servants, or complete procedures of retirement for civil servants;
(3) Failing to act in accordance with prescribed procedures with regard to recruiting, assigning, transferring, engaging, promoting, evaluating, awarding or punishing civil servants;
(4) Changing standards of salaries, benefits and insurance of civil servants in violation of State regulations;
(5) Disclosing examination questions, violating examination rules or committing other acts that seriously impair the openness and impartiality in recruitment or public selection;
(6) Failing to act in accordance with relevant regulations with regard to hearing and handling appeals or accusations filed by civil servants; or
(7) Other circumstances of violating the provisions of this Law.
Where a civil servant resigns from public office or retires, he or she shall not hold a post in any enterprise or other for-profit organization, nor engage in any for-profit activities with which he or she was directly related at work within three years after leaving office if he or she was a leading official and served a leading post at the county or division level or above, and within two years after leaving office if he or she was not an above mentioned civil servant.
Where a former civil servant violates the provisions of the preceding paragraph after resignation from public office or retirement, the department in charge of work related to civil servants at the same level as the state organ where he or she used to work shall instruct him or her to make corrections within a time limit. Where the civil servant fails to make corrections within the prescribed time limit, the department for market regulation at the county level or above shall confiscate the illegal gains he or she has made during the employment, order the employer to dismiss him or her, and shall, as the circumstances warrant, impose on the employer a fine of not less than one time but not more than five times the amount of illegal gains made by the former civil servant subjected to punishment.
Where a staff member of the department in charge of work related to civil servants, in violation of this Law, abuses power, neglects duty or engages in malpractices for personal gains, which constitutes a crime, he or she shall be investigated for criminal responsibility in accordance with law. Where the violation does not yet constitute a crime, he or she shall be subjected to disciplinary sanction, or to administrative sanction by the supervisory organ in accordance with law.
In the work of recruiting and employing civil servants, where there is an act such as concealing true information, practicing fraud, cheating in examination, or disturbing the order of examination, the department in charge of work related to civil servants shall make a decision such as invalidating examination results, disqualification, and denying application for taking part in examination as the circumstances warrant. Where the circumstances of violation are serious, those involved shall be held legally liable in accordance with law.
Where the reputation of a civil servant is tarnished due to an erroneous personnel-related decision, the authority that has made the decision shall apologize to the civil servant concerned, rehabilitate his or her reputation, and eliminate the negative effects thus caused. Where economic losses are incurred, it shall make due compensation in accordance with law.
Chapter 18 Supplementary ProvisionsEdit
For the purposes of this Law, leading officials refers to persons who are leading members of a state organ, not including those holding leading posts in the organ's internal offices.
Except for supporting staff for odd jobs, staff members of public institutions with the function of managing public affairs as authorized by laws and regulations shall be managed with reference to this Law upon approval.
This Law shall enter into force on June 1, 2019. ]