中华人民共和国公务员法(英文版)Civil Servant Law of the PRC

烟台大学法学院

法律硕士张川方

中华人民共和国公务员法

Civil Servant Law of the People’s Republic of China

(Adopted on April 27th, 2005 at the Fifteenth Meeting of the Standing Committee of the Tenth National People’s Congress of the People’s Republic of China)

No. 35 Order of the President of the People’s Republic of China

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.

Hu Jintao, President of the People’s Republic of China

April 27th, 2005

C-I General Provisions

Article 1

This Law is formulated according to the Constitution with a view to regulating the administration of civil servants, ensuring the legitimate rights and interests of civil servants, strengthening the supervision on civil servants, and constructing a high-quality troop(建设高素质队伍) of civil servants so as to promote diligent and honest government(勤政廉政) and enhance working efficiency(提高工作效能). 2012-7-28 11:33:59

Article 2

The term “civil servant” as mentioned in this Law refers to those personnel who perform public duties according to law and have been included into the state administrative staffing(国家行政编制) with wages and welfare borne by the state public finance(国家财政).

Article 3

(1) The obligations, rights and administration of civil servants shall be subject to this Law.

(2) Where there are separate provisions on the appointment, dismissal and supervision of leading members(领导成员) of civil servants and on the obligations, rights and administration of judges and inquisitors(检察官), such provisions shall prevail.

Article 4

The civil servant system shall take Marxism, Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the important thought of “Three Represents” as its guide, carry out the basic route of the preliminary stage of socialism(社会主义初级阶段的基本路线) and the cadre routes and guidelines(干部路线和方针) of the Communist Party of China (CPC), and adhere to the principle that the CPC assumes the administration of cadres(党管干部).

Article 5

The administration of civil servants shall persist in(坚持) the principle of openness, equality, competition and selecting the superior(择优), and be carried out pursuant to the popedoms(权限),qualifications(条件),standards and procedures prescribed by the law.

Article 6

The administration of civil servants shall adhere to the principle of paying equal attention to(并重) supervisory restriction(监督约束) and incentive guarantee(激励保障).

Article 7

The appointment of civil servants shall adhere to the principle of making appointment on abilities(任人唯贤) and having both political integrity and professional competence(德才兼备), and attach importance to(注重) practical achievements of work.

Article 8

The state shall adopt classified administration(分类管理)on civil servants to enhance the administrative efficiency(管理效能) and level of scientific administration(科学化管理水平).

Article 9

Any act of a civil servant to perform his duties according to law shall be protected by law.

Article 10

The central competent department of civil servants shall be responsible for the comprehensive administration on civil servants of the whole country. The local competent department of civil servants at and above the county level shall be responsible for the comprehensive administration on civil servants within their respective jurisdictional area(本辖区内). The competent department of civil servants at a higher level shall guide the administration on civil servants as carried out by its counterpart at a lower level(下级同部门). The competent department of civil servants at all levels shall guide the administration on civil servants of all organs at the same level(同级各机关).

C-II Qualifications, Obligations and Rights of a Civil Servant

Article 11

A civil servant shall satisfy the following qualifications:

(1) having the nationality of the People’s Republic of China;

(2) reaching the full age of 18(年满十八周岁);

(3) upholding the Constitution of the People’s Republic of China;

(4) having good moralities(良好的品行);

(5)being in a proper health state(身体健康状况良好) to perform his functions and duties(职责) normally;

(6) having the educational level(文化程度) and working capacity as required by the post; and

(7) other qualifications as prescribed by law.

Article 12

A civil servant shall perform the following obligations:

(1) playing an exemplary role(起模范作用) in observing the Constitution and the law;

(2) earnestly performing(认真履行) his functions and duties in light of the prescribed power limit(权限) and procedure, and making efforts to advance his working efficiency;

(3) serving the people heart and soul(全心全意), and being subject to the supervision of the people;

(4) safeguarding the security, honor and interests of the state;

(5) be ing loyal to his duties(忠于职守), being diligent and pious(勤勉尽责), obeying and implementing the decisions and orders made by the superior(上级);

(6) keeping the secrets of the state and the secrets relating to his work;

(7) observing disciplines, scrupulously abiding by the professional ethics(恪守职业道德), and playing an exemplary role in observing the social morals(社会公德);

(8) being clean and honest(清正廉洁), just and upright(公道正派);

(9) other obligations as provided for by law.

Article 13

A civil servant may enjoy the following rights:

(1) acquiring the necessary working conditions to perform his functions and duties;

(2) being subject to no dismissal, demotion, expulsion or punishment(免职、降职、辞退、处分) without a legally prescribed cause or without the legally prescribed procedure;

(3) obtaining remunerations and enjoying welfare and insurance benefits;

(4) participating in trainings;

(5) bringing forward criticisms or suggestions on the work or leaders of the organ he works for;

(6) lodging an appeal or accusation(提出申诉和控告);

(7) applying for resignation; and

(8) other rights as prescribed by law.

C-III Posts and Ranks

Article 14

(1) The state adopts a classified system of posts(职位分类制度) of civil servants.

(2) The posts of civil servants shall, in light of the nature, feature and necessity of administration on civil servant posts, be classified into such categories as comprehensive administrators, technological professionals and administrative law enforcers(综合管理岗、专业技术岗和行政执法岗). The state Council may, according to this Law, add any other category of posts for those with positional peculiarity(职位特殊性) and in need of separate administration. The scopes of application of the various posts shall be separately prescribed by the state.

Article 15

The state shall establish the sequence of civil servant posts(公务员职务序列) according to the categories thereof.

Article 16

(1) The posts of civil servants are divided into leading posts and non-leading posts.

(2) The levels of leading posts are classified into chiefs(正职) at the state level, deputies(副职) 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(厅局级), deputies at the department and bureau level, chiefs at the county and section level(县处级), deputies at the county and section level, chiefs at the township and division(乡科级) level and deputies at the township and sub-division level.

(3) The levels of non-leading posts shall be set up below the department and bureau level.

Article 17

(1) The leading posts of comprehensive administrators shall be decided and established(设置确定) according to the Constitution, relevant laws, post levels and organizational specifications(机构规格).

(2) The non-leading posts of comprehensive administrators shall be inspectors, deputy inspectors, researchers, deputy researchers, division directors(主任科员), deputy division directors, division personnel(科员) and clerks(办事员).

(3) The sequence of civil servant posts other than the category of comprehensive administration(综合管理类) shall be otherwise prescribed by the state according to this Law.

Article 18

All organs shall, according to decided functions, specifications, staffing quota(编制限额), number of posts(职数) and structural proportion, set up specific posts for civil servants within their respective organ, and decide the functions and duties of each post(各职位的工作职责) and the qualifications for assuming the post.

Article 19

(1) The posts of civil servants shall be matched with(对应) the corresponding ranks. The corresponding relationship(对应关系) between the posts and ranks of civil servants shall be prescribed by the state Council.

(2) The post and rank of a civil servant are the basis to decide the salary and any other treatment thereof.

(3) The rank of a civil servant shall be decided by the post he assumes(所任职务), the moral status and abilities(德才表现) thereof, the practical achievements of his work(工作实绩) and his seniority(资历). For the civil servants assuming a same post, the promotion of ranks thereof may be made according to the provisions of the state.

Article 20

The state may establish the corresponding ranks, according to the particularities of the work concerned, for those posts as assumed by such civil servants as the people’s police(人民警察) and those working in the customs houses(海关) or in the institutions of foreign affairs stationed abroad(驻外外交机构).

C-IV Employment

Article 21

(1) The employment of civil servants with the posts lower than the division director or in any other non-leading post at the corresponding level(相当职务层次的) shall adopt the measures of open examination, strict inspection, equal competition and selection of the superior.法律硕士张川方

(2) Where there is any employment of civil servants in an autonomous region according to the provisions of the foreside paragraph, the applicants of ethnic group(少数民族报考者) 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(中央机关) and the institutions directly thereunder(其直属机构) shall be organized by the administrative department of civil servants of the Central Government. The employment of civil servants in local state organs at all levels shall be organized by the administrative department of civil servants at the provincial level. When necessary, the organization of employment of civil servants may be authorized to the administrative department of civil servants in the districted city(设区的市) by the administrative department of civil servants at the provincial level.

Article 23

Anyone entering for the examination for civil servants(报考公务员)shall, besides the requirements as prescribed by Article 11 of this Law, satisfy the qualifications for the would-be posts as prescribed by the administrative departments of civil servants above the provincial level.

Article 24

Anyone under the following circumstances shall not be employed as a civil servant:

(1) having been imposed a criminal punishment;

(2) having been dismissed from public office(被开除公职); 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 employed as a civil servant, he shall be within the prescribed staffing quota(规定的编制限额), and there is a corresponding post vacancy(职位空缺).

Article 26

(1) A notice of recruiting civil servants through examination shall be publicized for the employment of civil servants. The posts recruited as well as their quotas, the qualifications for the said examination, the application materials needed to be submitted and other points of attention(须知事项) for examination application(报考) shall be indicated in the notice.

(2) The employing organ(招录机关)shall take measures to facilitate the examination application of citizens.

Article 27

The employing organ shall conduct inspection on the examination application in light of the qualifications for the applicants(报考资格条件). The application materials as submitted by the applicants shall be true and accurate.

Article 28

The employment examination(录用考试)of civil servants shall be carried out in written form and by interview. The examination content shall be decided respectively according to the basic capabilities as required for civil servants(公务员应当具备的) and the different categories of posts. Article 29

(1) The employing organ shall decide the candidates to be inspected pursuant to the result of examination, and shall conduct a re-examination over the application qualifications(报考资格复审), an inspection and health checkup(体检) for the applicants.

(2) The items and standards of health checkup shall be decided by the requirements of corresponding posts. The specific measures shall be formulated by the administrative department of civil servants of the Central Government in collaboration with(会同)the administrative department of sanitation of the state Council.

Article 30

(1) The employing organ shall, according to the results of examination, inspection and health checkup, bring forward a name list of candidates to be employed and make it public.

(2) Where the duration of public announcement(公示期) expires, the employing organ at the central level shall report the name list to the administrative department of civil servants of the Central Government for archival filing(备案). The employing organ at the local levels(地方各级) shall report the name list to the administrative department of civil servants at the provincial or the districted city level for examination and approval(审批).

Article 31

As for the employment of civil servants for any special post, the procedures thereof may, upon the approval of the administrative department of civil servants at the provincial level or above, be simplified and other measures for test and appraisal(测评办法) may be adopted.

Article 32

The probation term of newly employed civil servants(新录用的公务员) is 1 year. Anyone who is qualified at the expiration of the probation term(试用期) may take the post(予以任职); the employment of anyone who is disqualified shall be canceled.

C-V Assessment

Article 33

The assessment of a civil servant shall be conducted according to the power limit of administration(管理权限), and shall examine the morality, capability, diligence, achievement and uprightness(廉) thereof in an all-round manner(全面) and focus on the practical achievements of his work.

Article 34

The assessment of a civil servant includes assessment in usual days(平时考核) and periodic assessment(定期考核). The periodic assessment shall be based on the assessment in usual days. Article 35

(1) The periodic assessment of a non-leader civil servant shall be conducted in the form of annual examination(年度考核). In the first place, the individual civil servant shall make a summary in light of the duties of the post and relevant requirements. Then the leader in charge(主管领导) shall, after soliciting the opinions of the mass, bring forward a suggestion of assessment grade(考核等次), and the person in charge of the organ concerned or the authorized assessment committee(授权的考核委员会) shall decide the assessment grade.

(2) As for the leading members of civil servants, the periodic assessment shall be conducted by the administrative organ thereof(主管机关) according to relevant provisions.

Article 36

(1) The results of periodic assessment shall be divided into four grades: excellent, competent, basically competent(基本称职) and incompetent.

(2)The civil servant concerned shall be notified of the periodic assessment result thereof in written form(以书面形式).

Article 37

The result of periodical assessment shall be considered as the basis for the adjustment(调整的依据) of post, rank, wage, reward, training and dismissal of a civil servant.

C-VI Appointment and Dismissal

Article 38

(1) The employment system through selection(选任制) and the employment system through appointment(委任制) shall be adopted for the posts of civil servants.

(2) The tenure system(任期制) shall be adopted for the posts of leading members according to the provisions of the state.

Article 39

The civil servant by the employment system through selection may assume the post upon the enforcement(生效时) of the selection result thereof. No one may continue to assume his post(连任) when his tenure expires. The post of a civil servant shall be terminated if he resigns his post or is dismissed or removed(被罢免、被撤职) during his tenure.

Article 40

A civil servant who is employed by the employment system through appointment shall be appointed or dismissed in light of the power limit of administration and the prescribed procedures, if he is found to be qualified(考核合格)at the expiration of his probation term, or his post is changed, or he no longer assumes the post as a civil servant or is under any other circumstance where an appointment or dismissal is necessary.

Article 41

The post assumption(任职) of civil servants shall be carried through(进行) within the prescribed staffing quota and the number of posts, and meet corresponding post vacancies(职位空缺).

Article 42

A civil servant, who has a part-time job out of his organ due to the need of his work(因工作需要), shall be subject to the approval of the relevant organ and shall not draw any reward from(领取报酬) his part-time job.

C-VII Promotion and Demotion

Article 43

(1) To be promoted, a civil servant shall require the qualifications in such aspects as the ideological and political quality(思想政治素质), working capability, educational level and working experience.

(2) The promotion of a civil servant shall be conducted grade by grade(逐级). Those, who are particularly excellent or are needed in work due to special reasons, may enjoy the exception of waiving conventional constraints(破格) or being promoted by two ranks(越一级晋升) according to relevant provisions.

Article 44

(1) The promotion of a civil servant to a leading post shall be subject to the following procedures:

(a) deciding the candidate to be inspected by democratic recommendation(民主推荐);

(b) organizing an inspection, bringing forward through deliberation(研究提出) a suggestion plan for appointment and making preparations(酝酿)within a certain range where it is necessary;

(c) discussing and deciding(讨论决定) according to the power limit of administration; and

(d) going through the formalities of post assumption(任职手续) according to relevant provisions.

(2) The promotion of a civil servant to a non-leading post shall be subject to(参照) the procedures as prescribed in the preceding paragraph.

Article 45

(1) Where there is any vacancy of a leading post lower than the chief at the department and bureau level(厅局级) in an entity of an organ(机关内设机构), the candidate may be selected through competitive post bidding(竞争上岗) within the foresaid organ or within the staff members thereof(本系统).

(2) Where there is any vacancy of a leading post lower than the chief at the department and bureau level or higher than the deputy researcher or any other vacancy of non-leading posts at the corresponding level, the candidate thereof(任职人选) may be determined through an open selection from the society(面向社会公开选拔).

(3) The candidate of a judge or procurator for the first time may be selected through an open selection from those who have obtained the relevant qualification(取得相应资格证书)through the judicial examination as uniformly organized by the state(通过国家统一司法考试) in the society. Article 46

The system of public announcement(公示) before assuming the post and the system of probation for assuming the post(任职试用期制度)shall be adopted in the promotion of a civil servant to a leading post according to relevant provisions.

Article 47

Where a civil servant is assessed as incompetent during the periodic assessment, he shall be demoted to a next lower level post(降低一个职务层次) according to the prescribed procedures.

C-VIII Rewards

Article 48

(1) A civil servant or a collective of civil servants who has made outstanding working performances(工作表现突出), noticeable achievements and contributions(显著成绩和贡献,) or other outstanding deeds(突出事迹), shall be rewarded. The awarding shall uphold the principle of combining spiritual rewards and material rewards with focus on(以…为主) spiritual rewards.

(2) The rewards for the collective of civil servants shall apply to those institutions as established according to the staffing sequence(编制序列) or those working collectives(工作集体) as formed to accomplish a special task(专项任务).

Article 49

A civil servant or a collective of civil servants shall, under any of the following circumstances, be rewarded:

(1) being loyal to his duties(职守), working actively and having noticeable achievements;

(2) observing disciplines, being clean-fingered in performing his official duties(廉洁奉公), working in an upright way(作风正派), being impartial in handling matters(办事公道), and playing an outstanding exemplary role(模范作用突出);

(3) having any invention or creation or having raised any reasonable suggestion in work, thus having achieved noticeable economic profits or social benefits(经济效益或者社会效益的);

(4) having made outstanding contributions in promoting ethic solidarity(增进民族团结)and safeguarding social stability;

(5) having made outstanding achievements in cherishing(爱护) public property and saving state assets(节约国家资产);

(6) having meritorious acts(有功)in preventing or eliminating accidents so that the interests of the state and the mass are prevented from loss(免受损失)or the loss thereof is reduced;

(7) defying personal danger(奋不顾身) and making contributions under such special circumstances as rushing to deal with an emergency(抢险) or providing disaster relief(救灾);

(8) having made achievements in fighting against any illegal or rule-breaking act(违法违纪行为);

(9) having won honors and interests(争得荣誉和利益) for the state in foreign affairs(在对外交往中); or

(10) having any other outstanding achievement.

Article 50

(1) The rewards are divided into Commendation(嘉奖), Third-grade Merit(记三等功), Second-grade Merit, First-grade Merit and being conferred an honorary title(授予荣誉称号).

(2) A civil servant or a collective of civil servants who is rewarded shall be commended with a one-off bonus(一次性奖金) or any other treatment.

Article 51

The rewards as conferred to a civil servant or a collective of civil servants shall be decided or examined and approved(审批) in light of the prescribed power limit and procedures.

Article 52

The rewards of a civil servant or a collective of civil servants shall be canceled under any of the following circumstances:

(1) practicing fraud(弄虚作假)or cheating to obtain rewards(骗取奖励);

(2) concealing any serious mistake(隐瞒严重错误) when filing an application for rewards(申报奖励), or severely violating the prescribed procedures; or

(3) any other circumstance as prescribed by laws or regulations, under which the rewards thereof shall be canceled.

C-IX Punishments

Article 53

A civil servant shall observe disciplines(遵守纪律)and shall not have any of the following acts:

(1) disseminating(散布) any expression that damages the state reputation(有损国家声誉的言论), organizing or participating in such activities as assembling, procession or demonstration(集会游行示威) that aims to oppose the state(反对国家);

(2) organizing or participating in any illegal organization(非法组织), or organizing or participating in any strike;

(3) neglecting his duties(玩忽职守) so that the work thereof is bungled(贻误工作);

(4) refusing to carry out the decision or order as made by his superior according to law;

(5) suppressing criticism(压制批评) or taking revenge(打击报复);

(6) practicing fraud in order to mislead or cheat his leader or the general public;

(7) being corrupt(贪污), giving or accepting bribes(行贿、受贿), making use of the post to seek personal gains(谋取私利) for himself or others;

(8) violating the financial and economic disciplines(财经纪律) and wasting state assets;

(9) abusing his power(滥用职权)to infringe on the legitimate rights and interests of any citizen, legal person or any other organization;

(10) leaking any state secret or work secret(工作秘密);

(11) damaging the state honor(国家荣誉) or interests in foreign affairs;

(12) participating in or supporting such activities as eroticism, drug abuse(色情、吸毒), gambling and superstition;

(13) acting against professional ethics(职业道德) or public morality(社会公德);

(14) undertaking or participating in any profit-making activity, or holding a concurrent post(兼任职务) in an enterprise or any other profit-making organization;

(15) being absent from work(旷工) or in the event of a business trip or a leave, failing to return at the expiration(逾期不归) thereof without any justifiable reason; or

(16) any other act in violation of disciplines(违反纪律).

Article 54

Where a civil servant, when performing official duties, deems that there is something wrong with 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(立即执行), the civil servant concerned shall execute(执行) the decision or order; the superior shall be responsible for the consequences thereof, and the civil servant shall not be subject to any liability. However, where a civil servant fulfills(执行) any decision or order that is obviously illegal, he shall be subject to the corresponding liability according to law.

Article 55

In case a civil servant is subject to disciplinary liability(纪律责任) due to any illegal act or disciplinary breach(违法违纪), he shall be given a punishment according to this Law. If the circumstances are tiny, he may be immune from punishment(免予处分) after he has made corrections upon criticism and education(经批评教育后). 2012-8-10 17:09:55

Article 56

The punishments are divided into warning, demerit, gross demerit(记大过), demotion of rank(降级), dismissal from post(撤职) and expulsion.

Article 57

(1) The punishment upon a civil servant shall be made on the basis of clear facts, irrefutable evidence(证据确凿), accurately determined nature(定性准确), proper treatment(处理恰当), legitimate procedure and complete formalities.

(2) Where a civil servant breaches disciplines, the organ that makes the decision on punishment(处分决定机关) shall decide to carry out an investigation into the disciplinary breach of the civil servant, and shall notify the civil servant concerned of the facts as acknowledged(认定的事实)through investigation and the basis for the proposed punishment(拟给予的处分). The civil servant concerned may have the right to state and defend(陈述和申辩).

(3) Where the organ that makes the decision on punishment deems that a civil servant shall be subject to a punishment, it shall, within the prescribed time limit, make a decision on punishment in

light of the power limit of administration(管理权限)and the prescribed procedure. The civil servant concerned shall be notified of the decision on punishment in written form.

Article 58

(1) A civil servant may not enjoy any post promotion or rank promotion during the period of punishment, in which(其中)the civil servant who is given a demerit, gross demerit, demotion or dismissal may not enjoy any elevation of wage grade(提升工资档次).

(2) The durations of punishments(受处分的期间)are: 6 months for warning, 12 months for demerit, 18 months for gross demerit, and 24 months for demotion or dismissal.

(3) Where a civil servant is imposed upon punishment of dismissal, his rank shall be demoted(降低级别)according to relevant provisions.

Article 59

(1) Where a civil servant who is imposed upon any punishment other than expulsion shows repentance(有悔改表现) during the period of punishment and has committed no more disciplinary breach, the organ that has made the punishment decision shall relieve the punishment at the expiration of the term of punishment(处分期满) and inform the civil servant concerned in written form.

(2) Where a punishment is relieved, the elevation of wage grade, promotion in rank and post shall no longer be affected by the former punishment(原处分). However, the removal of such punishment as demotion or dismissal shall not be deemed as a renewal(恢复，重生) of the original rank or post. C-X Trainings

Article 60

(1) An organ shall, pursuant to the requirements of the functions and duties of civil servants and the need to improve the quality of civil servants, conduct categorized and rank-based trainings(分类分级培训) to civil servants.

(2) The state shall establish special institutions for the training of civil servants. An organ may, when necessary(根据需要), entrust any other training institution(培训机构)to carry out trainings for civil servants.

Article 61

(1) An organ shall carry out trainings for newly-employed civil servants who assume their posts for the first time within the probation term. Those who have been promoted to leading posts shall be given trainings before assuming their posts or within one year after assuming their posts. Those who are engaged in special work(从事专项工作) shall be given special trainings(专门业务培训). In-service trainings(在职培训)shall be carried out to all civil servants so as to upgrade their knowledge and improve their working capability. In particular, those taking posts of special technology(专业技术职务) shall, in light of the requirements of further education for special technical personnel(专业技术人员), be given special technical trainings(专业技术培训0.

(2) The state shall reinforce the training for reserved leading personnel(后备领导人员)in a planned manner(有计划地).

Article 62

(1) The registration administration(登记管理) shall be carried out in the training of civil servants.

(2) The time for a civil servant to participate in trainings(公务员参加培训的时间) shall be decided by the administrative department of civil servants according to the provisions of Article 61 of this Law.

(3) The trainings of a civil servant and the academic achievements thereof shall be the content of the examination(考核的内容) of the civil servant and a basis(依据之一) for his appointment and promotion.

C-XI Intercommunication and Avoidance

Article 63

(1) The state shall adopt the system of intercommunication between civil servants(公务员交流制度).

(2) Civil servants may communicate within the troop of civil servants or may communicate with those personnel undertaking public office(从事公务的人员) in state-owned enterprises, public institutions(事业单位), people’s associations(人民团体) or mass organizations(群众团体).

(3) The forms of intercommunication include transferring to another post(转任), changing to another post(调任) and working out(锻炼) by assuming a temporary leading position in an inferior entity(挂职).

Article 64

Those personnel who are engaged in public office(从事公务) in state-owned enterprises, public institutions, people’s associations or mass organizations may be transferred to the state organs to hold leading posts, or non-leading posts above the deputy researcher level and any other non-leading post at the corresponding level. The person transferred shall satisfy the requirements as prescribed in Article 11 of this Law and the qualifications as required by the suggested posts(拟任职位), and shall not have any circumstance as prescribed in Article 24 of this Law. The state organ to which such person is transferred(调任机关) shall conduct a strict inspection over the candidates for deployment(调任人选), carry out examination and approval in light of the power limit of administration, and conduct an examination over the candidates for transfer(调任人选) when necessary.

Article 65

(1) As for the transfer of a civil servant between different posts, he shall satisfy the qualifications for the suggested post, and the transfer between different posts(在不同职位之间转任) shall be carried out within the prescribed staffing quota and number of posts(职数).

(2) As for the leading members below the level of provincial and ministerial chief, the transfer to another post between different regions or departments(跨地区、跨部门转任) shall be carried out in a planned and focused way(有计划、有重点地).

(3) As for a civil servant who assumes a leading post in an internal entity of a state organ(机关内设机构) or assumes a non-leading post with special work nature(工作性质特殊), the transfer of the civil servant to another post shall be carried out within the organ in a planned manner.

Article 66

(1) According to the need to cultivate and anneal(锻炼) civil servants, civil servants may be selected and appointed(选派) to organs at a lower level or at a higher level, organs in other regions, state-owned enterprises or public institutions for working out by assuming temporary leading posts(挂职锻炼).

(2) When a civil servant suspends his duties to practice(挂职锻炼)by assuming temporary leading positions in other entities, the personnel relationship(人事关系) with his original organ shall not be changed.

Article 67

(1) A civil servant shall obey the decision on intercommunication(交流决定) as made by his entity(机关).

(2) Where a civil servant applies for intercommunication, it shall be subject to the examination and approval in light of the power limit of administration(管理权限).

Article 68

(1) Where there is such relationship as husband and wife, lineal descent(直系血亲关系), collateral consanguinity(旁系血亲) within three generations or close affinity(近姻亲关系) between civil servants, the persons concerned shall not assume posts immediately subordinate to(直接隶属于)the same leader in the same organ or hold posts with a relation of immediate superior and subordinator(直接上下级领导关系), or engage in such work as organization, human resource, disciplinary examination, supervision and auditing or finance in the organ where one party concerned holds the leading post(担任领导职务).

(2) Where it needs to flexibly fulfill(变通执行)the avoidance of assuming posts(任职回避) due to the peculiarity of regions or work features, it shall be decided by the administrative department of civil servants above the provincial level.

Article 69

Where a civil servant assumes the leading post in an organ at the township or county level or the relevant department thereof, the regional avoidance(地域回避) shall be carried out, unless it is otherwise provided for by law.

Article 70

under any of the following circumstances, a civil servant when performing his duties, shall make avoidance(回避):

(1) where any of his personal interests is involved;

(2) where any of the interests of his relatives as described in Paragraph 1 of Article 68 of this Law is involved; or

(3) any other circumstance that may have an impact on the impartiality of duty performance(公正执行公务).

Article 71

(1) Where there is any circumstance under which a civil servant shall make avoidance, he shall apply for it by himself(本人). Any interested party(利害关系人)shall have the right to apply for the avoidance of the civil servant concerned. Other people may report to the organ the circumstances concerning the avoidance of the civil servant concerned(需要回避的).

(2) The organ shall, pursuant to(根据)the application of a civil servant himself or any interested party, decide whether or not the civil servant shall make avoidance after making examination, or may make a direct decision on the avoidance without any application(不经申请).

Article 72

Where there is any different provision(另有规定)on the avoidance of a civil servant by law, the provision shall prevail.

C-XII Wage, Welfare and Insurance

Article 73

(1) The uniform wage system of the state(国家统一工资制度), which combines posts and ranks together, shall apply to civil servants.

(2) The principle of “distribution according to work” shall be carried out in the wage system of civil servants(公务员工资制度) so as to embody such factors as functions, capabilities, concrete achievements(工作实绩)and seniorities and maintain a reasonable wage discrepancy(合理工资差距) between different posts and ranks.

(3) A mechanism for the normal wage growth(工资的正常增长) of civil servants shall be established by the state.

Article 74

(1) The wage of a civil servant shall include the basic pay(基本工资), allowances, subsidies(津贴、补贴) and bonuses.

(2) A civil servant may enjoy such allowances according to the state regulations as the additional region allowances(地区附加津贴), difficult and outlying(艰苦边远的)region allowances, allowances appropriate to particular job(岗位津贴).

(3) A civil servant may enjoy such subsidies as housing and medicine subsidies(住房、医疗补贴) according to the state regulations.

(4) A civil servant who has been acknowledged as “excellent” or “competent” in the periodic assessment may enjoy the year-end bonus(年终奖金) according to the state regulations.

(5) The wage of a civil servant shall be paid in full and on time.

Article 75

(1) The wage level of a civil servant shall match with(与…相协调) the national economic development and conform to(与…相适应) the social progress.

(2) The state shall adopt the wage investigation system(工资调查制度), investigate and compare the wage levels of civil servants and the counterparts in enterprises on a periodic basis, and the result thereof(调查比较结果) shall be the basis for adjusting the wage levels of civil servants.

Article 76

(1) A civil servant may enjoy welfare treatment as provided for by the state. The state shall advance the welfare treatment(提高福利待遇)of civil servants according to the economic and social development.

(2) The working hour system stipulated by the state shall apply to civil servants. A civil servant may enjoy holidays as provided for by the state. Where a civil servant works for extra hours beyond the legal workdays(法定工作日之外), he shall enjoy corresponding deferred holidays(补休).

Article 77

(1) The state shall establish an insurance system for civil servants(公务员保险制度)so as to ensure that a civil servant may get help and compensation under such circumstances as retirement, illness, occupational injury(工伤), childbirth(生育) or unemployment.

(2) In case a civil servant is disabled when performing his duties(因公致残), he shall be given the treatment for the injured and disabled(伤残待遇) as provided for by the state. In case a civil servant sacrifices his life for his duties(因公牺牲), dies for his work(因工死亡) or dies of work-related illness(因工病故), his relatives may enjoy the consolation and preferential treatment(抚恤和优待)as prescribed by the state.

Article 78

(1) No organ may violate the provisions of the state and alter by itself(自行更改) the policies on wage, welfare or insurance of civil servants, or make bold to(擅自)raise or reduce the treatment of wage, welfare or insurance thereof. No organ may deduct or delay the payment of wage(工资的支付) of civil servants.

Article 79

The expenditures(所需经费)for the wage, welfare, insurance, retirement pay(退休金) as well as the employment, trainings, rewards and dismissal and etc. of civil servants shall be listed into the fiscal budget(列入财政预算) so as to provide guarantee for them.

C-XIII Resignation and Dismissal

Article 80

Where a civil servant resigns his public office(辞去公职), he shall submit a written application to the organ in charge of appointment and dismissal(任免机关), which shall conduct examination and approval within 30 days as of the date of application. As for the application of a leading member to resign his public office, the organ shall conduct examination and approval within 90 days as of the date of application.

Article 81

A civil servant, under any of the following circumstances, shall not resign his public office:

(1) having not reached the minimum term of service(最低服务年限) as provided for by the state;

(2) assuming any special post involving secrets of the state(国家秘密), or having not reached the term to open the secrets(脱密期限) when leaving the aforesaid post;

(3) having not finished his important public duties which shall be subject to his continuous work(本人继续处理);

(4) being subject to an auditing or disciplinary examination, or being suspected of crime(涉嫌犯罪)and the judicial procedure(司法程序) hasn’t been concluded;

(5) any other circumstance as provided for by laws or administrative regulations under which one shouldn’t resign his public office.

Article 82

(1) A civil servant who holds a leading post shall, when it is necessary for him to resign the present post(现任职务) due to the change of work according to the provisions of law(依照法律规定), go through the formalities for resignation.

(2) A civil servant who holds a leading post may, due to his personal or other reasons, resign his leading post on his own initiative(自愿).

(3) Where a leader causes serious losses or social impact due to his severe mistakes in work(工作严重失误) or breach of duties(失职), or bears the leading liability(负有领导责任) for any serious accident(重大事故), he shall take the blame and resign his leading post(引咎辞职).

(4) Where a leader shall take the blame and resign his post, or is no longer suitable for the present leading post(现任领导职务), but does not apply for resignation by himself(本人), he shall be ordered to resign the leading post.

Article 83

A civil servant, under any of the following circumstances, shall be subject to dismissal(免职，辞退):

(1) having been assessed as “incompetent” in the annual assessment(年度考核) for 2 consecutive years;

(2) being incompetent for his present work(现职工作) and refusing to accept any other arrangement;

(3) refusing a reasonable arrangement due to the adjustment, withdrawal, merging(撤销、合并) or reduction of staffing members(缩减编制员额) of the organ where he works(所在机关);

(4) failing to perform his duties as a civil servant or abide by the disciplines of civil servants, making no improvement after education(经教育仍无转变), and being unsuitable for continuing his work in the organ(继续在机关工作), nor being proper to be imposed upon the punishment of expulsion; or

(5) without justifiable reasons, being absent from work(旷工) or failing to return at the expiration of the term of a business trip(因公外出) or leave for more than 15 consecutive days or for over an accumulative 30 days(累计超过三十天) within a year.

Article 84

A civil servant, under any of the following circumstances, shall not be dismissed:

(1) being disabled due to the performance of his duties(因公致残), and having been acknowledged as losing or partially losing his working ability(工作能力);

(2) being ill or injured and within the prescribed period for medical treatment(医疗期);

(3) for female civil servants, during the period of pregnancy, maternity leave(产假) or lactation(哺乳期); or

(4) any other circumstance as provided for by laws or administrative regulations under which a civil servant may not be dismissed(不得辞退).

Article 85

(1) The dismissal of a civil servant shall be subject to the determination within the power limit of administration(按照管理权限). The civil servant dismissed shall be notified of the decision on dismissal in written form.

(2) The civil servant dismissed may draw the fee for dismissal(领取辞退费) or enjoy the unemployment insurance(失业保险) according to the relevant state regulations(国家有关规定). Article 86

The civil servant, who resigns his post or is dismissed, shall go through the hand-over formalities(公务交接手续) before leaving his post, and when necessary, shall be subject to auditing according to relevant provisions(按照规定).

C-XIV Retirement

Article 87

A civil servant shall retire, when he reaches the age of retirement(退休年龄) as provided for by the state or where he completely loses his working ability.

Article 88

A civil servant may, under any of the following requirements, apply on his own initiative for retirement in advance and retire upon the approval of the organ in charge of appointment and dismissal(任免机关):

(1) having worked for(工作年限满) 30 years;

(2) having worked for 20 years and being 5 years younger than(不足) the retirement age as provided for by the state;

(3) any other circumstance as provided for by the state(符合国家规定的), under which one may retire in advance.

Article 89

A civil servant may, after retirement, enjoy the retirement pay and other treatments as provided for by the state. The state shall provide necessary service and help for the life and health of the retired civil servants and encourage them to give full play to their individual specialty(发挥个人专长) and participate in(参与)social development.

C-XV Appeal and Accusation

Article 90

(1) Where a civil servant is discontent with any of the following treatments on personnel(人事处理)concerned with himself, he may apply to the original organ that handles the matter(原处理机关) for an administrative review(行政复核)within 30 days as of the date when he is notified of the foresaid treatment. 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 the counterpart at the next higher level of the organ that handles the matter(作出该人事处理的机关的上一级机关)according to relevant provisions. He may also directly lodge an appeal without any administrative review within 30 days as of the date when he is notified of the foresaid treatment:

(a) punishments(处分);

(b) dismissal or cancellation of employment(取消录用);

(c) demotion;

(d) being assessed as “incompetent” in the periodic assessment;

(e) being dismissed from his post(免职);

(f) his application for resignation or retirement in advance being rejected;

(g) failing to decide or deduct his wage, welfare or insurance treatment(保险待遇) according to relevant provisions;

(h) any other circumstance as prescribed by laws or regulations, under which appealing may be lodged.

(2) Where a civil servant is discontent with the treatment for his appeal made by the organ below the provincial level, he may appeal again(提出再申诉)to the counterpart at the next higher level of the organ that has made the decision on the treatment(处理决定).

(3) Where a civil servant in the administrative organ(行政机关) is discontent with the punishment on him and appeals to the administrative supervision organ(行政监察机关), the matter shall be treated(办理)according to the provisions of the Administrative Supervision Law of the People’s Republic of China.

Article 91

(1) The original organ that handles the treatment(原处理机关) shall make a decision on the administrative review within 30 days as of receipt of the application for review. The organ that accepts the appeal of a civil servant shall make a decision on the treatment within 60 days as of the date of acceptance(受理之日); where the case is complicated(案情复杂), the duration may be extended but shall not be extended for more than 30 days.

(2) The implementation of the personnel treatment(人事处理的执行)shall not be stopped during the period of an administrative review or appeal.

Article 92

Where the organ that accepts the appeal of a civil servant deems that the personnel treatment is wrong upon examination, the original organ that handles the treatment shall correct it in a timely manner.

Article 93

Where a civil servant believes that the organ he belongs to and the leading members thereof(机关及其领导人员)have damaged his legitimate rights and interests, he may lodge an accusation to the organ at a higher level or the relevant special organ(有关的专门机关). The organ that accepts the accusation shall handle the matter according to relevant provisions in a timely manner.

Article 94

Where a civil servant lodges an appeal or accusation, he shall not fabricate facts, or make false charge against or frame up any other person(诬告、陷害他人).

C-XVI Engagement of Posts

Article 95

(1) A state organ may, in light of the need of work, adopt the engagement system on those posts with strong specialty(专业性较强的职位)and with supplementary features(辅助性的), upon the approval of the administrative department of civil servants above the provincial level.

(2) Where any post as described in the preceding paragraph involves state secrets(国家秘密), it shall not be subjected to the engagement system.

Article 96

(1) Where a state organ engages civil servants(聘任公务员), it may conduct an open invitation for employment(公开招聘) according to the procedure for civil servant examination and employment, or may make engagement through a direct selection(直接选聘) of those who meet the requirements. (2) The engagement of civil servants shall be conducted within the staffing quota and the limit of amount of salary(工资经费限额) as provided for by law.

Article 97

(1) Where an organ employs a civil servant, a written contract of engagement shall be concluded so as to clarify(确定) the rights and obligations of the organ and the civil servant employed, adhering to the principle of equality, free will, and consensus through consultation. The contact of engagement may be altered or canceled upon the consensus of both parties through consultation(双方协商一致).

(2) The conclusion, alteration or cancellation of an engagement contact shall be put on archival filings(备案) in the administrative department of civil servants at the same level.

Article 98

(1) An engagement contract shall include such clauses as contractual term(合同期限), post and the requirements thereof, wage, welfare, insurance treatment and liability for breach of contract (违约责任).

(2) The term for an engagement contract is one to five years. The probation period may be stipulated in the engagement contact, which is one to six months.

(3) The negotiated wage system(协议工资制)shall be adopted for civil servants in the engagement system in accordance with the provisions of the state(国家规定). The specific measures thereof shall be formulated by the administrative department of civil servants under the Central Government.

Article 99

An organ shall conduct administration on civil servants they engage(所聘公务员)according to this Law and the engagement contract.

Article 100

(1) The arbitration system for personnel disputes(人事争议仲裁制度) is established by the state.

(2) The arbitration of personnel disputes shall, pursuant to the principles of legality, impartiality and promptness(公正、及时), maintain the legitimate rights and interests of the parties involved in the dispute(争议双方) according to law.

(3) The arbitration committee of personnel disputes may be established where it is necessary(根据需要). The arbitration committee of personnel disputes shall consist of representatives of the administrative department of civil servants, the engagement organ as well as civil servants in the engagement system and legal experts(法律专家).

(4) Where a civil servant in the engagement system(聘任制公务员)has a dispute with the organ he works for due to the performance of the engagement contract thereof, he may apply to the arbitration committee of personnel disputes for arbitration within 60 days as of the date when the dispute arises. In case any party concerned is discontent with the arbitration result, he may lodge a lawsuit to the people’s court within 15 days as of the day when he receives the written arbitration(仲裁裁决书). If any party concerned refuses to perform his duties after the arbitration result(仲裁裁决)comes into force, the other party may apply to the people’s court for coercive performance(强制执行).

C-XVII Legal Liability

Article 101

Under any of the following circumstances violating this Law, the leading organ(领导机关)or administrative department of civil servants above the county level shall, in light of the power limit of administration and the different situations, give an order for correction(责令纠正)or announce it to be invalid(宣布无效); as for the liable leader and the persons directly responsible, criticism and education, or punishment shall be imposed on according to the seriousness of the circumstances(情节轻重); where the violation constitutes a crime, he shall be subject to criminal liability according to the law. 2012-8-14 16:47:51

(1) failing to carry out employment, deployment(调任), post transfer(转任), engagement and promotion for civil servants according to the staffing quota, number of posts or the qualifications of post assumption(任职资格条件);

(2) failing to go through rewards, punishments(奖惩), avoidance and retirement formalities according to the prescribed requirements;

(3) failing to carry out employment, deployment, post transfer, engagement, promotion and competitive post bidding(竞争上岗), open selection and examination(公开选拔及考核), rewards or punishments according to the prescribed procedure;

(4) in violation of the provisions of the state, altering the standard of wage, welfare, insurance treatment of civil servants;

(5) in the employment, competitive post bidding or open selection, divulging test questions(泄露试题), breaching the disciplines of the examination room(考场) or any other act that has a severe impact on(严重影响) the openness and impartiality;

(6) failing to accept or handle the appeal or accusation of a civil servant according to relevant provisions;

(7) any other circumstance that violates the provisions of this Law.

Article 102

(1) Where a civil servant resigns his public office or retires, he shall not take any post in an enterprise or any other profit-making organization, which is directly related to his original work or business(原工作业务), and shall not engage in any profit-making activity directly related to his original work or business within 3 years after he leaves his post, if he is a leader before resignation(原系领导成员); while for other civil servants, the time limit is 2 years.

(2) Where a civil servant has any act violating 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 make corrections within a prescribed time limit(限期改正); where he fails to make corrections within the prescribed time limit, the administrative department for industry and commerce above the county level shall confiscate the illegal proceeds g enerated from his business(没收该人员从业期间的违法所得), order the receiving entity to dismiss him(予以清退), and impose on the receiving entity a fine of one to five times of that as imposed on the civil servant according to the seriousness of the circumstances.

Article 103

Where an organ causes any reputation damage(名誉损害) to a civil servant due to a specific wrong personnel treatment(错误的具体人事处理), it shall make a formal apology to(赔礼道歉) the civil servant, rehabilitate his reputation(恢复名誉) and eliminate the ill impact(消除影响); where any economic damage has been caused, a compensation shall be paid according to law.

Article 104

Where any of the personnel of the administrative department of civil servants violates the provisions of this Law by abusing his power, neglecting his duties, practicing malpractice for personal gains(徇私舞弊), and a crime is constituted, he shall be subject to criminal liability; if no crime is constituted, he shall be imposed upon a sanction(给予处分).

C-XVIII Supplementary Provisions

Article 105