Order
of the President of the People's Republic of China
(No. 35)
The Civil Servant Law of the People's Republic of China,
which was adopted at the 15th session of the Standing
Committee of the Tenth National People's Congress of the
People's Republic of China on April 27, 2005, is hereby
promulgated and shall come into force as of January 1, 2006.
President of the People's Republic of China
April 27, 2005
Civil Servant Law of the People's Republic of China
(Adopted at the 15th Session of the Standing Committee of
the Tenth National People's Congress on April 27, 2005)
Table of Contents
Chapter I General Provisions
Chapter II The Qualifications, Obligations and Rights of A
Civil Servant
Chapter III Posts and Ranks
Chapter IV Recruitment
Chapter V Assessment
Chapter VI Appointment and Dismissal
Chapter VII Promotion and Demotion
Chapter VIII Rewards
Chapter IX Punishments
Chapter X Trainings
Chapter XI Exchange and Avoidance
Chapter XII Wage, Welfare and Insurance
Chapter XIII Resignation and Dismissal
Chapter XIV Retirement
Chapter XV Appeal and Accusation
Chapter XVI Employment
Chapter XVII Legal Liabilities
Chapter XVIII Supplementary Provisions
Chapter I General Provisions
Article 1 The present Law is formulated according to the
Constitution for the purpose of regulating the
administration of civil servants, ensuring the legitimate
rights and interests of civil servants, strengthening the
supervision of civil servants, form a high-quality troop of
civil servants so as to promote a diligent and honest
government and enhance the working efficiency.
Article 2 The term "civil servants" as mentioned in the
present Law refers to those personnel who perform public
duties according to law and have been included into the
state administrative staffing and whose wages and welfare
are borne by the state public finance.
Article 3 The obligations, rights and administration of
civil servants shall be governed by the present Law.
Where there are different provisions on the appointment,
dismissal and supervision of leading members of civil
servants and on the obligations, rights and administration
of judges and prosecuting attorneys, such provisions shall
be observed.
Article 4 The guidance of Marxism, Leninism, Mao Zedong
Thought and Deng Xiaoping Theory and the important thought
of "Three Represents" shall be persisted in the civil
servant system. The basic route of the preliminary stage of
socialism and the cadre routes as well as the guidelines of
the Chinese Communist Party (CPC) shall be carried out in
the civil servant system. The principle that the CPC assumes
the administration of cadres shall be insisted.
Article 5 The principle of openness, equality, competition
and selecting the superior ones shall be held in the
administration of civil servants, which shall be carry out
according to the legal power limits, qualifications,
standards and procedures.
Article 6 The principle of paying equal attention to
supervisory restriction and incentive guaranty shall be held
in the administration of civil servants.
Article 7 The principle of making appointment on merit and
having both political integrity and professional competence
shall be held in the appointment of civil servants where
importance shall be attached to practical achievements of
work.
Article 8 The state adopts a classified administration on
civil servants so as to enhance the administrative
efficiency and level of scientific administration.
Article 9 Any act of a civil servant to perform his duty
according to law shall be protected by law.
Article 10 The central administrative department of civil
servants shall take charge of the comprehensive
administration of civil servants. The local administrative
departments of civil servants above the county level shall
take charge of the comprehensive administration of civil
servants within the jurisdictional divisions thereof. The
administrative department of civil servants at a higher
level shall guide the administration of civil servants as
carried out by its counterpart at a lower level. The
administrative department of civil servants at all levels
shall guide the administration of civil servants of all
organs at the same level.
Chapter II Qualifications, Obligations and Rights of A Civil
Servant
Article 11 A civil servant shall meet the following
requirements:
(1) Having the nationality of the people's Republic of
China;
(2) Reaching the full age of 18;
(3) Upholding the Constitution of the people's Republic of
China;
(4) Having good ethics;
(5) Being in a proper health state to perform his functions
and duties normally;
(6) Having the educational level and working capacity as
required by the post; and
(7) Any other requirement as prescribed by law.
Article 12 A civil servant shall perform the following
obligations:
(1) Playing an exemplary role in observing the Constitution
and the law;
(2) Earnestly performing his functions and duties according
to the prescribed power limit and procedure and making
efforts to enhance his working efficiency;
(3) Serving the people heart and soul and being subject to
the supervision of the people;
(4) Safeguarding the security, honor and interests of the
state;
(5) Being loyal to his duty, being diligent and pious,
obeying and carrying into effect the decisions and orders
made by the superior organ;
(6) Keeping the secrets of the state and the secrets
relating to his work;
(7) Complying with the disciplines, scrupulously abiding by
the professional ethics, and playing an exemplary role in
observing the social morals;
(8) Being honest and clean, just and upright;
(9) Any other obligations as prescribed by law.
Article 13 A civil servant may enjoy the following rights:
(1) Acquiring the necessary working conditions so as to
perform his functions and duties;
(2) Being subject to no dismissal, demotion, expulsion or
punishment without a legally prescribed cause or without
following the legal procedures;
(3) Obtaining the remunerations of salaries and enjoying the
treatment of welfare and insurance;
(4) Participating in trainings;
(5) Putting forward criticisms or suggestions on the work or
leaders of the organ he works for;
(6) Lodging an appeal or accusation;
(7) Applying for resignation; and
(8) Any other right as prescribed by law.
Chapter III Posts and Ranks
Article 14 The state adopts a classified system for posts of
civil servants.
The civil servant posts shall, according to the nature,
features and necessity of administration of civil servant
posts, be classified into such categories as comprehensive
administrators, technological professionals and
administrative law enforcers. The State Council may,
according to the present Law, add any other category of
posts for those with positional peculiarities and in need of
separate administration. The scope of application of the
various posts shall be separately provided for by the state.
Article 15 The state establishes a sequence of civil servant
posts according to the categories thereof.
Article 16 The posts of civil servants are divided into the
category of leading posts and that of non-leading posts.
The levels of leading posts are: chiefs at the state level,
deputies at the state level, chiefs at the provincial and
ministerial level, deputies at the provincial and
ministerial level, chiefs at the department and bureau
level, deputies at the department and bureau level, chiefs
at the county and section level, deputies at the county and
section level, chiefs at the township and sub-division level
and deputies at the township and sub-division level.
The levels of non-leading posts shall be established below
the department and bureau level.
Article 17 The leading posts of the category of
comprehensive administrators shall be decided and
established according to the Constitution, relevant laws,
post levels and organizational specifications.
The non-leading posts in the category of comprehensive
administration shall be divided as inspectors, deputy
inspectors, researchers, deputy researchers, division
directors, deputy division director, division personnel and
clerks.
The sequence of civil servant posts other than the category
of comprehensive administration shall be separately
prescribed by the state according to the present Law.
Article 18 All organs shall, according to the prescribed
functions, specifications, staffing quota and structural
proportion, set up specific posts for civil servants within
the organ and, at the same time, decide the functions and
duties of each post and the qualifications for assuming the
post.
Article 19 The posts of civil servants shall be matched with
the ranks thereof. The corresponding relationship between
the posts and ranks of civil servants shall be provided for
by the State Council.
The post and rank of a civil servant are the basis to decide
the salary and any other treatment thereof.
The rank of a civil servant shall be decided according to
the post he assumes, the moral status and capability
thereof, the practical achievements of his work and his
seniority. For the civil servants assuming a same post, the
ranks thereof may be promoted according to the provisions of
the state.
Article 20 The state establishes the corresponding ranks for
those posts as assumed by such civil servants as the
people's police and those working in the customs houses or
in the institutions of foreign affairs stationed abroad
according to the particularities of the work concerned.
Chapter IV Recruitment
Article 21 Measures of open examination, strict inspection,
equal competition and enrollment on the basis of competitive
selection shall be adopted in the recruitment of civil
servants for the posts lower than the division director or
in any other non-leading posts at the corresponding level.
Where there is any employment of civil servants in an
autonomous region according to the provisions of the
preceding paragraph, the applicants of ethic minorities
shall be given appropriate preferential treatment according
to laws and other relevant provisions.
Article 22 The employment of civil servants in the state
organs of the Central Government and the institutions
directly affiliated thereto shall be organized by the
Central Government's administrative department of civil
servants. The employment of civil servants in local state
organs at all levels shall be organized by the
administrative departments of civil servants at the
provincial level. Where necessary, the administrative
department of civil servants at the provincial level may
authorize the administrative department of civil servants in
the districted cities to do it.
Article 23 Anyone who sits for the examination for civil
servants shall, besides the requirements as prescribed by
Article 11 of the present Law, meet the qualifications for
the would-be posts as prescribed by the administrative
departments of civil servants above the provincial level.
Article 24 Anyone as listed below shall not be employed as a
civil servant:
(1) Having been given a criminal punishment;
(2) Having been removed from public office; and
(3) Any other circumstance as prescribed by law under which
one shouldn't be employed as a civil servant.
Article 25 Where anyone is to be recruited as a civil
servant, he shall be within the prescribed staffing quota in
the event of a corresponding post vacancy.
Article 26 A notice of recruiting civil servants through
examination shall be publicized for the recruitment of civil
servants. The post, quota, qualifications of the said
examination, application materials required to be submitted
and any other point of attention for examination application
shall be indicated in the notice.
The recruitment organ shall take measures to facilitate the
examination applications of citizens.
Article 27 The recruitment organ shall carry out examination
over examination applications in light of the qualification
requirements for the applicants. The application materials
as submitted by the applicants shall be genuine and
accurate.
Article 28 The recruitment examination of civil servants
shall be carried out in written form and by interviews. The
examination content shall be decided respectively according
to the basic capability of civil servants as required to
have and the different categories of posts involved.
Article 29 The recruitment organ shall decide the candidates
to be inspected according to the results of examination and
shall carry out a re-examination over the applicant's
application qualification, make an inspection and health
checkup.
The items and standard of health checkup shall be decided by
post requirements. The specific measures shall be provided
for by the Central Government's administrative department of
civil servants in collaboration with the administrative
department of sanitation of the State Council.
Article 30 The recruitment organ shall, according to
examination results, the inspection and health checkup
results, put forward a name list of candidates to be
recruited and publicize it to the general public.
Where the duration of public announcement expires, the
recruitment organ at the Central level shall report the name
list to the Central Government's administrative department
of civil servants for archival filing. The recruitment organ
at the local level shall report the name list to the
administrative department of civil servants at the
provincial level or in the districted cities for examination
and approval.
Article 31 In the recruitment of civil servants for any
special post, the procedure thereof may, upon the approval
of the administrative department of civil servants on the
provincial level or above, be simplified and other measures
for test and appraisal may be adopted.
Article 32 The probation term of newly recruited civil
servants is 1 year. Anyone who is qualified upon the
expiration of the probation term may take the post. For
anyone who is disqualified, the recruitment thereof shall be
canceled.
Chapter V Assessment
Article 33 In the assessment of a civil servant, the
morality, capability, diligence, achievement, uprightness
thereof shall be assessed in an all-round manner according
to the power limit of administration, where focus shall be
put on the practical achievements of his work.
Article 34 The assessment of a civil servant is divided into
the assessment in usual days and the assessment on a
periodical base. The periodical assessment shall be based on
the assessment in usual days.
Article 35 The periodical assessment of a non-leader civil
servant should be conducted in the form of annual
examination, where the individual concerned shall make a
summary in light of the post and duty thereof and relevant
requirements and the leader-in-charge shall, after
soliciting the opinions of the masses, put forward a
suggestion of assessment grade and the person-in-charge of
the organ concerned or the authorized assessment committee
shall decide the assessment grade.
For those leading members of the civil servants, the
periodical assessment shall be carried out by the
administrative organ thereof according to the relevant
provisions.
Article 36 The results of periodical assessment shall be
divided into four grades: excellent, competent, basically
competent and incompetent.
The civil servant concerned shall be notified of the
periodical assessment result thereof in written form.
Article 37 The result of periodical assessment shall be the
basis for the adjustment of the post, rank, wage, reward,
training and dismissal of a civil servant.
Chapter VI Appointment and Dismissal
Article 38 The system of employment through selection and
the system of employment through appointment shall be
adopted for the posts of civil servants.
A tenure system shall be adopted for the posts of leading
members according to the provisions of the state.
Article 39 A civil servant in the system of employment
through selection may assume the post upon the enforcement
of the selection result thereof. No one may continue to
assume his post when his tenure expires. The tenure of the
post shall be terminated where anyone resigns his post or is
dismissed or removed during his tenure.
Article 40 For a civil servant employed under the system of
employment through appointment, if he is found to qualified
upon the expiration of his probation term, or if he changes
his post, or he no longer assumes the post as a civil
servant or is under any other circumstance where a dismissal
is necessary, the appointment and dismissal thereof shall be
decided in light of the power limit of administration and
the prescribed procedure.
Article 41 The post-assumption of a civil servant shall be
carried out within the prescribed staffing quota and the
amount of posts in the event of a corresponding post
vacancy.
Article 42 A civil servant who has a part-time job beyond
his organ due to his work shall be subject to the approval
of the relevant organs and shall not collect any reward from
his part-time job.
Chapter VII Promotion and Demotion
Article 43 For the promotion of a civil servant, he shall
meet the requirements in such respects as the ideological
and political qualifications, working capability,
educational level and working experience.
The promotion of a civil servant shall be carried out grade
by grade. Those who are particularly excellent or who is
needed in work due to special reasons may enjoy the
exception of waiving the conventional constraint or being
promoted by two ranks according to the provisions.
Article 44 The promotion of a civil servant to a leading
post shall be subject to the following procedure:
(1) Deciding the candidate to be inspected by democratic
recommendation;
(2) Organizing an inspection, putting forward the suggestion
on appointment through deliberation and making preparation
within a certain range where it so requires;
(3) Discussing the decision according to the power limit of
administration; and
(4) Going through the formalities of positions according to
the provisions.
The promotion of a civil servant to a non-leading post shall
be handled according to the procedures as prescribed in the
preceding paragraph.
Article 45 Where there is any vacancy of a leading post
lower than the chief at the department and bureau level in
an instrumentality of an organ, the candidate may be decided
through competitive post bidding within the said organ or
within the staff members thereof.
Where there is any vacancy of a leading post lower than the
chief or higher than the deputy researcher at the department
and bureau level or any other vacancy of non-leading post at
the corresponding level, the candidate thereof may be
decided through an open selection from the society.
The candidate of a judge or public procurator for the first
time shall be decided through open selection from those who
have obtained the relevant qualification from the judicial
examination as uniformly organized by the state.
Article 46 The systems of public announcement before
assuming the post and probation for assuming the post shall
be adopted in the promotion of a civil servant to a leading
post according to the relevant provisions.
Article 47 Where a civil servant is assessed as incompetent
in the periodical assessment, he shall be demoted to a
lower-level post according to the prescribed procedures.
Chapter VIII Rewards
Article 48 Those civil servants or a collective of civil
servants who have made outstanding working performances,
noticeable achievements and contributions or any other
outstanding deeds shall be given rewards, where the
principles of combining spiritual rewards and material
rewards with the focus on spiritual rewards shall be upheld.
The rewards for the collective of civil servants shall apply
to those institutions as established according to the
staffing sequence or those work collectives as formed to
accomplish a special task.
Article 49 A civil servant or a collective of civil servants
shall, in any of the following circumstances, be rewarded:
(1) Doing his duty faithfully, working actively and having
noticeable achievements;
(2) Observing disciplines, being honest in performing his
official duties, working in an upright way, playing an
outstanding exemplary role;
(3) Having any invention or creativity or raising any
reasonable suggestion in work or having achieved obvious
economic benefits or social benefits;
(4) Having made outstanding contributions to promoting ethic
solidarity and safeguarding social stability;
(5) Having made outstanding achievements in cherishing
public property and saving state assets;
(6) Having meritorious acts in preventing or eliminating
accidents so that the interests of the state and the masses
are prevented from loss or the loss thereof is reduced;
(7) Defying personal danger and making contributions under
such special circumstances as rushing to deal with an
emergency or providing disaster relief;
(8) Making achievements in fighting against any illegal or
rule-breaking act;
(9) Winning honors and interests for the state in foreign
affairs; or
(10) Having any other outstanding achievements.
Article 50 The rewards are divided into commendation,
Third-grade Merit, Second-grade Merit, First-grade Merit and
being conferred an honorary title.
A civil servant who is rewarded or a collective of civil
servants which is commended shall be given a one-off bonus
or any other treatment.
Article 51 The rewards as conferred to a civil servant or a
collective of civil servants shall be decided in accordance
with the prescribed power limit and procedures or shall be
subject to examination and approval.
Article 52 The reward of a civil servant or a collective of
civil servants shall be canceled in any of the following
circumstances:
(1) Practicing fraud or cheating to obtain the reward;
(2) Concealing any serious mistake when filing an
application for the reward or severely violating the
prescribed procedures; or
(3) Having any other circumstance as prescribed by any law
or regulation under which the reward thereof shall be
canceled.
Chapter IX Punishments
Article 53 A civil servant shall observe disciplines and
shall not have any of the following acts:
(1) Spreading any expression that damages the state
reputation, organizing or participating in such activities
as any assembling, procession and demonstration that aims to
go against the state;
(2) Organizing or attending any illegal organization, or
organizing or attending any strike;
(3) Neglecting his duty so that the work thereof is
affected;
(4) Refusing to carry out the decision or order as made by
the superior thereof;
(5) Suppressing criticism or taking revenge;
(6) Practicing fraud in order to mislead or cheat the leader
thereof or the general public;
(7) Being corrupt, giving or accepting bribes, making use of
the post to seek personal gains for himself or others;
(8) Violating the financial and economic disciplines by
wasting state assets;
(9) Abusing his power to infringe on the legitimate rights
and interests of any citizen, legal person or any other
organization;
(10) Revealing any state secret or work secret;
(11) Damaging the state reputation or interests in foreign
affairs;
(12) Participating in or supporting such activities as
eroticism, drug abuse, gambling and superstition, etc.;
(13) Violating professional ethics or public morality;
(14) Undertaking or participating in any profit-making
activity or holding a concurrent post in an enterprise or
any other profit-making organization;
(15) Being absent from work or in the event of a business
trip or a leave, failing to return upon expiration of the
leave of trip without any justifiable reason; or
(16) Any other act in violation of disciplines.
Article 54 Where a civil servant, in the performance of
official duties, deems that there is something wrong in the
decision or order of his superior, he may make a suggestion
on correcting or canceling the said decision or order. Where
the superior refuses to change the decision or order, or
requires immediate performance, the civil servant concerned
shall carry out the decision or order. The superior shall be
held responsible for the consequences of the performance of
duties and the civil servant shall not be subject to any
liability. However, where a civil servant carries out any
decision or order that is obviously illegal, he shall be
subject to the corresponding liabilities according to law.
Article 55 A civil servant who is subject to disciplinary
liability due to any illegal act or disciplinary breach
shall be given a punishment according to the present Law.
For those disciplinary acts with lenient circumstances, he
may be immune from punishment after he has corrected upon
criticism and education.
Article 56 The punishments are divided into warning,
demerit, gross demerit, demotion, dismissal from post and
expulsion.
Article 57 To impose a punishment upon a civil servant, the
facts shall be clear, the evidence shall be irrefutable, the
nature shall be accurately determined, the treatment shall
be proper, the procedure shall be legal and the formalities
shall be complete.
For a civil servant who breaks any discipline, the organ
that makes the decision on punishment shall carry out an
investigation into the disciplinary breach of the civil
servant and shall notify the civil servant concerned of the
fact as acknowledged through investigation and the basis to
give the proposed punishment. The civil servant concerned
shall have the right to state and defend.
Where the organ that makes the decision of punishment deems
that a civil servant shall be subject to a punishment, it
shall, within the prescribed time limit, make a decision on
punishment according to the power limit of administration
and the prescribed procedure. The civil servant concerned
shall be notified of the decision on punishment in written
form.
Article 58 A civil servant shall not enjoy any post
promotion or rank promotion in the duration of punishment.
In particular, the civil servant who is given a demerit,
gross demerit, demotion or dismissal shall not enjoy any
elevation of wage grade.
The duration of the punishments are: warning, 6 months;
demerit, 12 months; gross demerit, 18 months;
demotion/dismissal, 24 months.
Anyone who is given the punishment of dismissal shall be
demoted according to relevant provisions.
Article 59 Where a civil servant who is given any punishment
other than expulsion shows repentance in the duration of
punishment and has committed no more disciplinary breach,
the organ that makes the punishment decision shall, when the
term of punishment expires, relieve the punishment and
inform the civil servant concerned in written form.
Where a punishment is relieved, the elevation of wage grade,
promotion in rank and post shall no longer be affected by
the former punishment. However, the removal of such
punishment as demotion or dismissal shall not be deemed as a
renewal of the original rank or post.
Chapter X Trainings
Article 60 An organ shall, when the functions and duties of
civil servants or the need to improve the quality of civil
servants so requires, carry out categorized and rank-based
trainings to civil servants.
The state has established a special institution for the
training of civil servants. The organs may, where necessary,
entrust any other training institution to undertake the
training of civil servants.
Article 61 The organs shall carry out a training for those
newly-employed civil servants who assume their posts for the
first time. Those civil servants who have been promoted to
leading posts shall be given a training before assuming
their post or within 1 year after assuming their post. Those
civil servants who are engaged in special work shall be
given special trainings. In-service trainings shall be
carried out to all civil servants so as to upgrade their
knowledge and improve their working capacity. In particular,
those civil servants in posts of special technologies shall,
according to the requirements of further education for
special technical personnel, be given special technical
trainings.
The state shall reinforce the trainingof reserve leading
personnel in a planned manner.
Article 62 A registration administration shall be carried
out in civil servant trainings.
The time for the participation of a civil servant in
training shall be decided by the administrative department
of civil servants according to the provisions of Article 61
of the present Law.
The trainings and academic achievements shall be a content
of the civil servant examination and a basis for appointment
and promotion.
Chapter XI Exchange and Avoidance
Article 63 A civil servant exchange system is adopted by the
state.
Civil servants may be exchanged within the troop of civil
servants or may be exchanged with those personnel
undertaking public office in state-owned enterprises, public
institutions, people's associations or private
organizations.
The forms of exchange include transferring to another post,
changing to another post and working out by assuming a
temporary leading position in an inferior entity.
Article 64 Those personnel who are engaged in public office
of state-owned enterprises, public institutions, people's
associations or private organizations may be transferred to
the state organs to hold leading posts or non-leading posts
above the deputy researcher level or hold any other
non-leading post at the corresponding level. The person
transferred shall meet the qualification requirements of the
suggested posts as prescribed in Article 11 of the present
Law and shall not have any circumstance as prescribed in
Article 24 of the present Law. The state organ to which such
person is transferred shall carry out a strict inspection
over the candidates for deployment, carry out examination
and approval according to the power limit of administration
and, when necessary, carry out an examination over the
candidates for transfer.
Article 65 A civil servant who changes between different
posts shall meet the requirements of qualification for the
suggested post and the transfer of post shall be carried out
with the prescribed staffing quota and number of posts.
For those leading members below the level of provincial and
ministerial chief, the transfer to another post between
different regions or departments shall be carried out in a
planned and focused way.
For a civil servant who assumes a leading post in an
instrumentality of a state organ or assumes a non-leading
post with special work features, the transfer to another
post thereof shall be carried out within the organ in a
planned manner.
Article 66 In light of the need to train and cultivate civil
servants, civil servants may be selected and deployed to
organs at a lower level or at a higher level, organs in
other regions, state-owned enterprises or public
institutions to work out by assuming temporary leading
positions.
When a civil servant suspends his duty to work out by
assuming temporary leading positions in other entities, the
personnel relationship with his original organ shall not be
changed.
Article 67 A civil servant shall obey the decision on
exchange as made by his entity.
The application of a civil servant for exchange shall be
subject to the examination and approval according to the
power limit of administration.
Article 68 Where there is such relationship as husband and
wife, lineal descent, collateral consanguinity within three
generations or close affinity between civil servants, the
persons concerned shall not assume posts immediately
subordinate to the same leading member in the same organ or
hold posts with an relation of immediate superior and
subordinator, or take such work as organization, human
resource, disciplinary investigation, supervision and
inspection auditing and finance in the organ where one party
concerned holds a leading post.
Where there is any need to avoid taking posts due to the
peculiarities of region or work features, the avoidance
shall be decided by the administrative department of public
security above the provincial level.
Article 69 Where a civil servant assumes the leading post of
an organ at the township level or county level or the
relevant department thereof, a regional avoidance shall be
carried out, unless it is otherwise prescribed by law.
Article 70 When a civil servant performs his duty, in any of
the following circumstances, he shall avoid:
(1) When any of his personal interests is involved;
(2) When any of the interests of his relatives as described
in paragraph 1 of Article 68 of the present Law is involved;
or
(3) Any other circumstance that may have any impact on the
impartiality of duty performance.
Article 71 Where a civil servant shall avoid, he shall apply
for avoidance by himself. Any interested party shall have
the right to apply for the avoidance of the civil servant
concerned. Other people may report to the organ the
circumstances under which a civil servant shall avoid.
The organ shall, according to the application of a civil
servant himself or any interested party, decide whether or
not the civil servant shall avoid after making examination
or may make a direct decision on avoidance without the civil
servant's filing an application.
Article 72 Where there is any different provision on the
avoidance of a civil servant by law, it shall be observed.
Chapter XII Wage, Welfare and Insurance
Article 73 A uniform wage system of the state which combines
posts and ranks together shall apply to civil servants.
The principle "to each according to his ability" shall be
carried out in the wage system of civil servants so as to
embody such factors as functions, capabilities, concrete
achievements and seniorities and maintain a reasonable wage
discrepancy between different functions and ranks.
A mechanism for normal wage growth of civil servants shall
be established by the state.
Article 74 The wage of a civil servant shall include the
basic pay, allowances, subsidies and bonuses.
A civil servant may enjoy such allowances as the regional
additional allowances, difficult and outlying region
allowances and the subsidy appropriate to particular jobs
according to the provisions of the state.
A civil servant may enjoy such subsidies or allowances as
housing and medicine according to the provisions of the
state.
For a civil servant who has been acknowledged as "excellent"
or "competent" in a periodical assessment, he may enjoy the
year-end bonus according to the provisions of the state.
The wage of a civil servant shall be granted in full amount
and in a timely manner.
Article 75 The wage level of a civil servant shall be in
line with the national economic development and conform to
the social progress.
The state adopts a wage investigation system, where the wage
levels of civil servants and the counterparts in enterprises
shall be investigated and compared on a periodical base and
the result thereof shall be the basis for adjusting the wage
levels of the civil servants.
Article 76 A civil servant may enjoy welfare treatment as
prescribed by the state. The state improves the welfare
treatment of civil servants according to the economic and
social development.
A working hours system shall apply to civil servants
according to the provisions of the state. A civil servant
may enjoy holidays as prescribed by the state. Where a civil
servant works for extra hours beyond the legal workdays, he
shall enjoy corresponding deferred holidays.
Article 77 The state establishes an insurance system for
civil servants so as to ensure that a civil servant may
enjoy help and compensation under such circumstances as
retirement, illness, occupational injury, childbirth or
unemployment.
Where a civil servant is disabled when performing his duty,
he shall be given the treatment for the injured and disabled
according to the provisions of the state. Where a civil
servant sacrifices his life for his duty, dies for his work
or dies from work-related illness, the relatives thereof may
enjoy the consolation and preferential treatment as
prescribed by the state.
Article 78 No organ may violate the provisions of the state
by unlawfully altering the wage, welfare, insurance policy
by itself or by unlawfully raising or depressing the
treatment of wage, welfare or insurance policy for civil
servants. No organ may deduct or delay the payment of the
wage of any civil servant.
Article 79 The expenditure for wage, welfare, insurance,
retirement pay as well as the employment, trainings, rewards
and dismissal, etc. of civil servants shall be listed into
the fiscal budget so as to provide guaranty for them.
Chapter XIII Resignation and Dismissal
Article 80 Where a civil servant resigns his public office,
he shall submit a written application to the organ in charge
of appointment and dismissal. The organ in charge of
appointment and dismissal shall conduct examination and
approval within 30 days as of the date of application. In
particular, for an application of a leading member to resign
his public office, it shall conduct examination and approval
within 90 days as of the date of application.
Article 81 A civil servant, in any of the following
circumstances, shall not resign his public office:
(1) Having not reached the minimum term of service as
prescribed by the state;
(2) Assuming any special post involving any state secrets or
having not reached the term to open the secret when leaving
the aforesaid post;
(3) Having not completed his important public duties, which
shall be subject to the continuous work of the civil servant
concerned;
(4) Being subject to an auditing or disciplinary examination
or being suspected of crime, the judicial procedure hasn't
been concluded;
(5) Any other circumstance as provided for by any law or any
administrative regulation under which one shouldn't resign
his public post.
Article 82 A civil servant who holds a leading post shall,
where it is necessary for him to resign the present post due
to a work change in accordance with the provisions of law,
shall go through the formalities of resignation.
A civil servant who holds a leading post may resign his
leading post on his own initiative due to his personal
reason or any other reason.
Where a leading member causes any serious damage or social
impact due to his severe mistakes in work or breach of duty
or bears the leading liabilities for any serious accident,
he shall take the blame and resign his leading post.
Where any leading member shall take the blame and resign his
post or is no longer suitable for the present leading post
but fails to apply for resignation by himself, he shall be
ordered to resign the leading post thereof.
Article 83 A civil servant, in any of the following
circumstances, shall be subject to dismissal:
(1) Having been assessed as "incompetent" in the annual
assessment for 2 consecutive years;
(2) Failing to be competent at his work and refusing to
accept any other arrangement;
(3) Refusing a reasonable arrangement due to the adjustment,
withdrawal, merge or reduction of staffing members of the
organ where he works;
(4) Failing to perform his duty as a civil servant or abide
by the disciplines of civil servants, making no improvement
upon education, and being unsuitable for continuing his work
in the organ nor being proper to be imposed the punishment
of dismissal; or
(5) Being absent from work or failing to return upon the
expiration of the term of a business trip or leave for more
than 15 days or for an accumulative 30 days within a year.
Article 84 A civil servant, in any of the following
circumstances, shall not be dismissed:
(1) Becoming disabled due to his performance of duty and
having been acknowledged as losing or partially losing his
working ability;
(2) Being ill or injured, within the prescribed medical
period;
(3) For female civil servants, during pregnancy, maternity
leave or lactation period; or
(4) Any other circumstance as prescribed by any law or
regulation under which a civil servant must not be
dismissed.
Article 85 The dismissal of a civil servant shall be decided
within the power limit of administration. The civil servant
dismissed shall be informed of the decision of dismissal in
written form.
The civil servant as dismissed may collect a fee for
dismissal or enjoy unemployment insurance according to the
provisions of the state.
Article 86 The civil servant who resigns his post or is
dismissed shall go through the hand-over formalities before
leaving his post and, where necessary, shall be subject to
auditing according to relevant provisions.
Chapter XIV Retirement
Article 87 A civil servant shall retire when he reaches the
age of retirement as provided for by the state or where he
losses his working ability completely.
Article 88 A civil servant may, in compliance with any of
the following requirements, apply for retirement in advance
on his own initiative and may retire upon the approval of
the organ in charge of appointment and dismissal:
(1) Having worked for 30 years;
(2) Having worked for 20 years but being 5 years younger
than the retirement age as prescribed by the state;
(3) Any other circumstance as prescribed by the state under
which one may retire in advance.
Article 89 A civil servant may, after retirement, enjoy the
retirement pay and any other treatment as prescribed by the
state. The state provides necessary service and help for the
life and health of the retired civil servant and encourages
him to give full play to his specialty and participate in
social development.
Chapter XV Appeal and accusation
Article 90 Where a civil servant is discontent with any of
the following personnel punishments concerned with himself,
he may apply to the original organ that gives the personnel
punishment for an administrative review within 30 days as of
the date when he is informed of the said personnel
punishment; where he is discontent with the result of the
administrative review, he may appeal to the administrative
department of civil servants at the same level or appeal to
that on a level higher than the organ that gives the
personnel punishment according to the provisions of the
state; or, he may directly lodges an appeal without any
administration review within 30 days as of the date when he
is informed of the said personnel punishment:
(1) Punishments;
(2) Dismissal or cancellation of employment;
(3) Demotion;
(4) Being assessed as "incompetent" in the periodical
assessment;
(5) Being removed from his post;
(6) His application for resignation or retirement in advance
being rejected;
(7) Failing to decide or deduct his wage, welfare or
insurance treatment according to relevant provisions;
(8) Any other circumstance as prescribed by any law or
regulation on appealing.
Where anyone is discontent with the punishment for his
appeal made by an organ below the provincial level, he may
appeal again to the counterpart at a level higher than the
organ that gives the punishment.
Where a civil servant in any administrative organ is
discontent with the punishment and appeals to the
administrative supervision organ, the matter shall be
handled in accordance with the provisions of the Law of
Administration Supervision.
Article 91 The original organ that imposes the punishment
shall make a decision on the administrative review within 30
days as of acceptance of an application for review. The
organ that accepts the appeal of a civil servant shall make
a punishment decision with 60 days as of the date of
acceptance. Where the case is complicated, the duration may
be extended but shall not be extended for more than 30 days.
The implementation of personnel punishment shall not be
stopped during the period of an administration review or
appeal.
Article 92 Where the organ that accepts the appeal of a
civil servant deems that the personnel punishment is wrong
upon examination, the original organ that gives the
punishment shall correct it in a timely manner.
Article 93 Where a civil servant believes that any leading
member thereof has infringed on his legitimate rights and
interests, he may lodge an accusation to the organ at a
higher level or the relevant special organ. The organ that
accepts the accusation shall handle it according to the
relevant provisions in a timely manner.
Article 94 Where a civil servant lodges an appeal or
accusation, he shall not fabricate facts, make a false
charge against any other person, or frame up any other
person.
Chapter XVI Employment
Article 95 A state organ may, according to the need of work,
adopt an appointment system on those posts with strong
specialty and with supplementary features upon the approval
of the administrative department of civil servants above the
provincial level.
Where any post as described in the preceding paragraph
involves state secrets, it shall not be governed by the
appointment system.
Article 96 Where a state organ employs civil servants, it
may conduct an open invitation for employment with reference
to the procedure for civil servant examination and
recruitment, or may make appointment through a direct
selection of those who satisfy the requirements.
A state organ shall hire civil servants within the quota of
staffing and limit of amount of salary as provided by law.
Article 97 Where an organ employs a civil servant, a written
contract of employment shall be concluded so as to clarify
the rights and obligations of the organ and the civil
servant employed according to the principle of equality,
willingness, consensus reached through consultation. The
contact of employment may be altered or canceled upon the
consensus of both parties through consultation.
The conclusion, alteration or withdrawal of an employment
contact shall be put on archival filings in the
administrative department of civil servants at the same
level.
Article 98 Such clauses as contractual term, post and the
requirements thereof, wage, welfare, insurance treatment and
breach liabilities shall be included into the employment
contract.
The term for an employment contract is 1~5 years. A
probation period may be stipulated in the employment
contact, which is 1~6 months.
A negotiated wage system shall be adopted for civil servants
in the appointment system according to the provisions of the
state. The specific measures thereof shall be prescribed by
the Central Government's administrative department of civil
servants.
Article 99 State organs shall carry out administration on
civil servants they employ according to the present Law and
the employment contract.
Article 100 An arbitration system for personnel disputes is
established by the state.
The arbitration of personnel disputes shall, according to
the principles of legality, impartiality and timeliness,
defend the legitimate rights and interests of the parties
involved in the dispute according to law.
The arbitration committee of personnel disputes may be
established where it so requires. The arbitration committee
of personnel disputes shall consist of the representatives
of the administrative department of civil servants, the
representatives of the employment organ, the representatives
of civil servants in the appointment system and legal
experts.
Where a civil servant in the appointment system has a
dispute with the organ he works for due to the performance
of the employment contract thereof, he may apply to the
arbitration committee of personnel disputes for arbitration
within 60 days as of the day when the dispute arises. Any
party concerned who is discontent with the arbitration award
may lodge a suit to the people's court within 15 days as of
the day when he receives the written award. After the award
of arbitration comes into force, and any party concerned
refuses to perform his duty, the other party may apply to
the people's court for coercive performance.
Chapter XVII Legal Liabilities
Article 101 In any of the following circumstances of
violation of the present Law, the leading organ or the
administrative department of civil servants above the county
level shall, according to the power limit of administration
and in light of the different situations, give an order for
correction or announces it to be invalid; gives a criticism
and education or punishment to the leading member who is
held to be responsible and the person who is held to be
directly responsible according to the seriousness of the
circumstances; where the violation constitutes a crime, he
shall be subject to criminal liabilities according to law.
(1) Failing to conduct recruitment, deployment, post
transfer, employment and promotion for civil servants
according to the staffing quota, number of posts or the
requirements for the qualification of post assumption;
(2) Failing to carry out rewards, punishments, avoidance and
retirement formalities according to the requirements;
(3) Failing to conduct recruitment, deployment, post
transfer, employment, promotion and competitive post
bidding, open selection and examination and rewards and
punishments according to the prescribed procedure,
(4) Violating the provisions of the state by altering the
standard of wage, welfare, insurance treatment of civil
servants;
(5) Leaking test questions in the recruitment, competitive
post bidding or open selection, breaching the disciplines of
the examination room or any other act that has any severe
impact on the openness and impartiality;
(6) Failing to accept or handle any appeal or accusation of
a civil servant;
(7) Any other circumstance of violation of the provisions of
the present Law.
Article 102 Where a civil servant resigns his post or
retires and if he is a leading member before resignation, he
shall not take any post in an enterprise or any other
profit-making organization that is directly related to his
original post, or shall not engage in any profit-making
activity directly related to his prior work within 3 years
after he leaves his post. For any other civil servant, the
time limit is 2 years.
Where a civil servant has any violation of the provisions in
the preceding paragraph after resignation or retirement, the
administrative department of civil servants at the same
level as the original organ he works for shall order him to
correct within a prescribed time limit; where he fails to
correct, the administration for industry and commerce above
the county level shall confiscate the illegal proceedings
generated from his business, order the entity concerned to
dismiss him, and according to the seriousness of
circumstances, impose the receiving entity a fine of 1~5
times of that as imposed on the person punished.
Article 103 Where an organ causes any reputation damage to a
civil servant due to a specific wrong personnel punishment,
it shall make a formal apology, rehabilitate his reputation,
and eliminate the ill impact; where any economic damage has
been caused, a compensation shall be given according to law.
Article 104 For any of the personnel of the administrative
department of civil servants who violates the provisions of
the present Law by abusing his power, neglecting his duty,
practicing favoritism and engaging in malpractice, and if a
crime is constituted, he shall be subject to criminal
liabilities; if no crime is constituted, he shall be given a
sanction.
Chapter Supplementary Provisions
Article 105 The term "leading members" as described in the
present Law refers to the leading members in state organs,
which shall not include those leading members in the
instrumentalities of the organs.
Article 106 Those personnel in public institutions which are
authorized by any law or regulation to play the function of
managing public affairs except those logistics workers shall
be governed by the present Law upon approval.
Article 107 The present Law shall come into force as of
January 1, 2006. The Interim Provisions of the State Council
on Awarding and Punishment of Personnel in the State
Administrative Organs as approved by the Standing Committee
of the National People's Congress on October 23, 1957 and
promulgated by the State Council on October 26, 1957 and the
Interim Regulations on State Civil Servants as promulgated
by the State Council on August 14, 1993 shall be
simultaneously abolished. |
