Order of the President of the People's Republic of China
No. 35
The Law of the People's Republic of China on Public Servants,
adopted at the 15th Meeting 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 go into effect as
of January 1, 2006.
Hu Jintao
President of the People's Republic of China
April 27, 2005
(Adopted at the 15th Meeting of the Standing Committee of the
Tenth National People's Congress on April 27, 2005)
Contents
Chapter I General Provisions
Chapter II Qualifications, Duties and Rights of Public
Servants
Chapter III Posts and Ranks
Chapter IV Recruitment and Employment
Chapter V Assessment
Chapter VI Post Appointment and Removal
Chapter VII Post Promotion and Demotion
Chapter VIII Rewards
Chapter IX Penalties
Chapter X Training
Chapter XI Exchange and Avoidance
Chapter XII Salary, Welfare and Insurance
Chapter XIII Resignation and Dismissal
Chapter XIV Retirement
Chapter XV Appeal and Accusation
Chapter XVI Position Appointment
Chapter XVII Legal Responsibility
Chapter XVIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the
Constitution and for the purpose of regularizing the administration
of public servants, safeguarding their lawful rights and interests,
improving supervision over them, building up a contingent of public
servants with high quality, promoting a diligent and clean
government and enhancing its efficiency.
Article 2 For the purposes of this Law, public servants are
workers who perform official duties according to law, are members
of the administrative establishment of the State, and whose
salaries and welfare benefits are paid by the government.
Article 3 This Law is applicable to the duties and rights as
well as the administration of public servants.
Where there are other provisions contained in the laws governing
the election, appointment and removal of, and the supervision over,
the leading persons among public servants, and the duties and
rights and the administration of judges, procurators, etc., those
provisions shall be applicable.
Article 4 In application of the public servant system,
Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the
important thought of “Three Represents” shall be upheld as the
guidance, the basic line for the primary stage of socialism shall
be implemented, the cadre line and policy of the Communist Party of
China shall be carried out, and the principle that cadres are under
the administration of the Party shall be adhered to.
Article 5 Public servants shall be administered in adherence to
the principles of openness, equality, competition and selection on
the basis of merits, and in compliance with the statutory limits of
authority, requirements, standards and procedures.
Article 6 Public servants shall be administered in adherence to
the principle of laying equal stress on supervision and restriction
on the one hand and on encouragement and safeguard on the
other.
Article 7 Public servants shall be appointed in adherence to the
principles of appointing people on their merits and people with
both political integrity and professional competence, with stress
placed on practical achievements in work.
Article 8 The State administers public servants by grouping them
in different categories in order to improve administrative
efficiency and raise the level of scientific management.
Article 9 When performing their official duties according to
law, public servants shall be protected by law.
Article 10 The department in charge of public servants at the
central level shall be responsible for the comprehensive
administration of public servants nationwide. The local departments
in charge of public servants at or above the county level shall be
responsible for the comprehensive administration of public servants
within the areas under their respective jurisdictions. The
department in charge of public servants at a higher level shall
direct the administration of public servants conducted by such
department at a lower level. The departments in charge of public
servants at various levels shall direct the administration of
public servants conducted by the various organs at the same
level.
Chapter II Qualifications, Duties and Rights of Public
Servants
Article 11 A public servant shall meet the following
qualifications:
(1) holding the nationality of the People's Republic of
China;
(2) having reached the age of 18;
(3) upholding the Constitution of the People's Republic of
China;
(4) being a person of good morality;
(5) being physically qualified for normal performance of
duties;
(6) having the education and ability commensurate with the
requirements of the post; and
(7) having other qualifications specified by law.
Article 12 Public servants shall perform the following
duties:
(1) exemplarily observing with the Constitution and laws;
(2) conscientious by performing their duties in compliance with
the specified limits of authority and procedures and endeavoring to
increase their work efficiency;
(3) wholeheartedly serving the people and accepting supervision
by the people;
(4) safeguarding the security, honor and interests of the
State;
(5) being faithful in the discharge of their duties, diligently
fulfilling their responsibilities, and abiding by and implementing
the decisions made and the instructions given by higher authorities
in accordance with law;
(6) guarding State secrets and job secrets ;
(7) abiding by discipline, faithfully adhering to professional
ethics and exemplarily observing public morality;
(8) being clean and upright, and impartial and honest in their
ways; and
(9) performing other duties provided for by law.
Article 13 Public servants shall have the following rights:
(1) being provided with the working conditions necessary for the
performance of their duties;
(2) being free from being removed from office, demoted and
discharged, and free from disciplinary action, unless on statutory
grounds and through statutory procedures;
(3) getting salaries, remunerations, and enjoying welfare
benefits and insurance;
(4) having access to training;
(5) putting forward criticisms and proposals regarding the work
of their organs and the leading persons;
(6) lodging appeals and accusations;
(7) applying for resignation; and
(8) enjoying other rights provided for by law.
Chapter III Posts and Ranks
Article 14 The State practices the system of categorized posts
among public servants.
The posts held by public servants shall, according to the nature
and characteristics of the post and administrative needs, be
categorized as comprehensive administration, professional skills
and administrative law enforcement. Where separate administration
is required for a post due to its specific characteristics, the
State Council may, in accordance with this Law, set up an
additional category for such post. The scope covered by the
different categories of posts shall be prescribed by the State
separately.
Article 15 The State establishes an order of posts held by
public servants on the basis of the categories of such posts.
Article 16 The posts of public servants are divided into leading
and non-leading posts.
The levels of the leading posts include: chief and deputy at the
central level, chief and deputy at the provincial and ministerial
level, chief and deputy at the department and bureau level, chief
and deputy at the county and division level, chief and deputy at
the township and section level.
The levels of non-leading posts are set up at or below the
department and bureau level.
Article 17 The leading posts under the category of comprehensive
administration shall be established in accordance with the
Constitution, relevant laws, levels of posts and institutions.
The non-leading posts under the category of comprehensive
administration include: inspector, deputy inspector, analyst,
associate analyst, senior section member, junior section member,
section member and office clerk.
The order of posts for the public servants under the categories
other than the category of comprehensive administration shall be
prescribed separately by the State in accordance with this Law.
Article 18 The various government departments shall set up
specific posts for the public servants thereof in accordance with
the established functions, institutional echelons, limits of the
authorized size, number of posts and structural proportion, and
define the official duties and responsibilities as well as the
qualifications for holding a post.
Article 19 The posts of public servants shall correspond with
the relevant ranks. The corresponding relations between the posts
and ranks of public servants shall be defined by the State
Council.
The posts and ranks of public servants provide the basis for
determining their salaries and other benefits.
The rank of a public servant shall be determined on the basis of
the post he holds, his political integrity and professional
competence, his achievements in work, and his educational
qualifications and seniority. A public servant remaining at the
same post may be promoted in rank according to State
regulation.
Article 20 The State shall establish ranks corresponding with
relevant posts in light of the working characteristics of the
people's police as well as public servants of the Customs and
diplomatic missions abroad.
Chapter IV Recruitment and Employment
Article 21 Public servants for non-leading posts at or below the
level of senior section member and at other levels of corresponding
posts shall be recruited and employed through open examination,
strict review, competition on an equal footing and selection on the
merits.
When recruiting public servants in accordance with the
provisions of the preceding paragraph, the authorities of the
national autonomous regions may, in accordance with law and
relevant regulations, give appropriate considerations to the ethnic
people who register for examination.
Article 22 The department in charge of public servants at the
central level shall be responsible for making arrangements for
recruitment and employment of public servants for the government
departments at the central level and the departments and
institutions directly under them. The department in charge of
public servants at the provincial level shall be responsible for
making arrangements for recruitment and employment of public
servants of the various local government departments, and where
necessary, the department in charge of public servants at the
provincial level may authorize the department in charge of public
servants at the level of a city divided into districts to make such
arrangements.
Article 23 A person who registers for examination of public
servants shall, in addition to the qualifications specified in
Article 11 of this Law, meet the qualifications required for the
post he intends to hold as specified by the department in charge of
public servants at or above the provincial level.
Article 24 The following persons shall not be recruited as
public servants:
(1) persons on whom criminal punishment has been imposed due to
committing a crime;
(2) persons who have been discharged from public employment;
and
(3) other persons who are not to be recruited as public
servants, as prescribed by law.
Article 25 Public servants shall be recruited and employed
within the limits of the authorized size, and when there are
vacancies of corresponding posts to be filled up.
Article 26 Before recruiting and employing public servants, a
public notice of entrance examination shall be issued. In a public
notice of entrance examination shall be clearly stated the posts,
the number of public servants needed, the qualifications for
examinees, the application materials required to be submitted and
other matters for attention.
Recruiting departments shall take measures to facilitate
citizens' registration for examination.
Article 27 Recruiting departments shall examine the applications
for registration for examination in accordance with the
qualifications required of the examinees. The application materials
submitted by examinees shall be true and accurate.
Article 28 The examination for recruitment and employment of
public servants shall be conducted in the forms of written
examination and interviews. The contents of the examinations shall
be specified in accordance with the basic ability required of
public servants and the different categories of posts.
Article 29 Recruiting departments shall, on the basis of the
examination results, decide on the candidates for review and
reexamine their qualifications for registration for examination,
conduct review and arrange for their physical check-up.
The items of and standards for physical check-up shall be based
on the requirements of the posts. The specific measures in this
regard shall be formulated by the government department at the
central level in charge of public servants, in conjunction with the
health administration department under the State Council.
Article 30 Recruiting departments shall, on the basis of the
examination results, and the results of the review and physical
check-up, make a name list of the persons to be recruited, and make
it known to the public.
At the expiration of the period for such publicity, the
recruiting department at the central level shall submit the name
list of the persons to be recruited to the department in charge of
public servants at the central level for the record; and the
various local recruiting departments shall submit the name lists of
the persons to be recruited to the departments in charge of public
servants at the provincial level or at the level of a city divided
into districts for examination and approval.
Article 31 Upon approval by the department in charge of public
servants at or above the provincial level, simplified procedures or
other methods for test and appraisal may be adopted for recruiting
public servants for special posts.
Article 32 The trial period for a newly recruited public servant
shall be one year. If he is qualified at the expiration of the
trial period, he shall be employed; otherwise, his recruitment
shall be cancelled.
Chapter V Assessment
Article 33 Assessment of public servants shall be conducted in
compliance with the limits of authorized administration, and in an
all-round way, covering their political integrity, ability,
diligence, achievements and incorruptibility, with special
attention paid to actual achievements in work.
Article 34 The assessment of public servants shall be divided
into routine and regular assessments. Regular assessments shall
made on the basis of routine assessment.
Article 35 Regular assessment of the public servants who are
non-leading members shall be made annually. The public servants
themselves shall firstly give their summaries in light of the
duties and responsibilities of their posts and relevant
requirements. After listening to the opinions from the masses, the
leading person in charge shall make a proposal concerning the
grades of the assessment, and then the leading person of the
department or an authorized appraisal committee shall decide on the
grades of the assessment.
The regular assessment of the leading persons shall be conducted
by the department in charge in accordance with relevant
regulations.
Article 36 The results of regular assessment are divided into
four grades, namely, excellent, competent, basically competent, and
not competent.
Public servants themselves shall be informed of the results of
the regular assessment in writing.
Article 37 The results of regular assessment shall serve as the
basis for adjustment of the posts, ranks and salaries of public
servants as well as for rewards, training and dismissal of public
servants.
Chapter VI Post Appointment and Removal
Article 38 The election system and appointment system shall be
applied among public servants in respect of their posts.
The tenure system shall, in accordance with the State
regulations, be applicable in respect of the posts of leading
persons.
Article 39 A public servant to whom the election system is
applicable shall take the post he is elected to when the result of
election comes into effect; and he shall not renew the term of
office at the expiration of his term of office, or if he resigns,
or is removed or dismissed from office during his term of office,
the post shall be terminated accordingly.
Article 40 Where a public servant under the appointment system
passes the examination conducted at the expiration of his trial
period, or there is a change in connection to his post, or he
ceases to hold the public service post, or other circumstances
necessitate his appointment or removal, he shall accordingly be
appointed or removed within the limits of authorized administration
and through the statutory procedures.
Article 41 Public service posts shall be appointed within the
authorized size and number of the posts, and when there are the
necessary vacancies to be filled up.
Article 42 For a public servant to hold a concurrent post
outside his own department due to the need of work, the matter
shall be subject to approval by the department concerned, and he
shall not receive any remuneration for such post.
Chapter VII Post Promotion and Demotion
Article 43 A public servant to be promoted to a higher office
shall meet the requirements and qualifications in terms of
ideological and political quality, work capability, educational
level and work experience.
Promotion of public servants to higher posts shall be done level
by level. For a public servant who is especially excellent or there
is a special need for work, he may be promoted by breaking
conventions or by skipping one level in accordance with relevant
regulations.
Article 44 Where a public servant is promoted to a leading post,
the following procedures shall be used:
(1) on the basis of democratic recommendation, deciding on the
candidate for review;
(2) arranging for review, studying and setting forth proposals
for the post to be assigned to, and deliberating on them within a
certain scope, where necessary;
(3) discussing and deciding on the candidate within the limits
of authorized administration; and
(4) completing the formalities for appointment in accordance
with relevant regulations.
For promoting a public servant to a non-leading post, the
procedures specified in the preceding paragraph shall be followed
mutatis mutandis.
Article 45 When there is a vacancy for a leading post at or
below the level of the chief of the department or bureau in the
body set up within a department, the candidate for the vacancy may
be selected through competition among people working within the
department or system.
When there is a vacancy for a leading post at or below the level
of the chief of the department or bureau or for a non-leading post
at or above the level of associate analyst and other corresponding
levels, a candidate for such a vacancy may be selected openly from
among people in the community.
Candidates for beginners of judges and procurators may be
decided on through open selection from among people in the
community, that is, from among the persons who have passed the
unified judicial examinations conducted by the State and are
qualified for such posts.
Article 46 When a public servant is to be promoted to a leading
post, the publicity system prior to his assumption of the post and
the trial system shall be carried out in accordance with relevant
regulations.
Article 47 If a public servant is determined to be incompetent
through regular assessment, he shall be demoted to a post at the
next lower level in compliance with the prescribed procedures.
Chapter VIII Reward
Article 48 A public servant or a collective of public servants
that has fulfilled the official duties outstandingly, or has made
remarkable achievements and contributions, or has performed other
outstanding meritorious deeds shall be rewarded. The principle of
combining moral encouragement with material reward, taking former
as the main form, shall be applied.
The reward to a collective of public servants shall be
applicable to an organization set up in accordance with the order
of establishment or to a working team formed for the fulfillment of
a special task.
Article 49 A public servant or a collective of public servants
that meets one of the following conditions shall be rewarded:
(1) being loyal to official duties, enthusiastic in work and
having made remarkable achievements;
(2) observing rules of discipline, performing official duties
with honesty, being honest and upright, being fair in handling
matters, and playing an outstandingly exemplary role;
(3) bringing about remarkable economic or social benefits
through invention and innovation in work or by putting forward
rationalization proposals;
(4) having made outstanding contributions to the enhancement of
unity of the nationalities and to the maintenance of social
stability;
(5) having attained outstanding successes in protecting public
property and economizing on the use of resources and property of
the country;
(6) having performed meritorious services in preventing or
obviating accidents, thus protecting the interests of the State and
the people from losses or reducing such losses;
(7) having made contributions by disregarding personal safety
under special circumstances such as emergency rescue and disaster
relief;
(8) having performed meritorious deeds in fighting against
violations of laws and rules of disciplines;
(9) having won honor and interests for the country in foreign
exchanges; or
(10) having had other outstanding achievements.
Article 50 Rewards include: a Citation; a Citation for Merit,
Third Class; a Citation for Merit, Second Class; a Citation for
Merit, First Class; and conferring of an honorary title.
A public servant or a collective of public servants rewarded
shall be commended and be given monetary awards in one lump sum or
other material benefits.
Article 51 Rewarding of a public servant or a collective of
public servants shall be subjected to decision or approved in
compliance with the specified limits of authority and
procedures.
Article 52 Under one of the following conditions, the reward
given to a public servant or a collective of public servants shall
be revoked:
(1) obtaining the reward through fraud and deception;
(2) concealing grave mistakes when applying for the reward or
seriously going against the prescribed procedures; or
(3) other conditions under which the reward should be revoked in
accordance with the provisions of laws and regulations.
Chapter IX Penalties
Article 53 Public servants shall observe discipline and are not
allowed to commit any of the following acts:
(1) spreading views impairing the reputation of the country, or
organizing or participating in activities aimed at opposing the
country, such as assemblies, marches and demonstrations;
(2) organizing or joining illegal organizations, organizing or
participating in strikes;
(3) neglecting duties and adversely affecting the work;
(4) refusing to implement the decisions and orders made by the
higher authorities according to law;
(5) suppressing criticism and resorting to retaliation;
(6) misleading and cheating the leadership and the public by
means of fraud and deception;
(7) committing corruption, offering or accepting bribes, and
seeking personal gains or benefits for another person by taking
advantage of official position;
(8) violating financial and economic discipline and wasting the
resources and property of the country;
(9) abusing powers and infringing upon the lawful rights and
interests of citizens, legal persons or other organizations;
(10) disclosing State secrets or job secrets;
(11) impairing the honor and interests of the country in foreign
exchanges;
(12) participating in or supporting activities such as
pornography, drug-taking, gambling and superstition;
(13) violating professional ethics and social morals;
(14) engaging or participating in profit-making activities, and
concurrently holding a post in an enterprise or other profit-making
organizations;
(15) being absent from work without leave or failing to return
to work without justifiable reasons after finishing work-related
mission or at the expiration of leave; and
(16) committing other acts in violation of rules of
discipline.
Article 54 If a public servant, when performing official duties,
deems that a decision or an order made by higher authorities is
erroneous, he may put forward a proposal to the higher authorities
for correcting or revoking the decision or order. If the higher
authorities refuse to change the decision or order, or demands
immediate implementation, he shall implement the decision or order,
and the higher authorities shall be accountable for the outcome of
the implementation, while the public servant shall bear no
responsibility for it. However, if he implements a decision or an
order which is obviously against the law, he shall bear due
responsibility according to law.
Article 55 If a public servant should bear disciplinary
liability due to his violation of law or rules of discipline, a
disciplinary action shall be taken against him in accordance with
this Law; and if the circumstances in which the rules of discipline
are violated are minor and he has mended his ways after criticism
and education, he may be exempted from such action.
Article 56 Disciplinary actions include: warning, recording of a
demerit, recording of a serious demerit, demotion, removal from
office and discharge from public employment.
Article 57 A disciplinary action taken against a public servant
shall be based on clear facts, verified evidence, accurate
determination of the nature of the case, proper handling, lawful
procedures and complete formalities.
If a public servant violates discipline, the department imposing
disciplinary actions shall make the decision to initiate an
investigation into the circumstances of the violation, and inform
the public servant himself of the facts ascertained through
investigation and the basis on which a disciplinary action is to be
taken against him. The public servant shall have the right to make
a statement and explain himself.
If a department imposing disciplinary actions deems that a
disciplinary action should be taken against a public servant, it
shall make a decision to such an effect within the prescribed time
limit and in compliance with the limits of authorized
administration and the prescribed procedures. The public servant
himself shall be informed of such decision in writing.
Article 58 During the period of being subjected to disciplinary
action, a public servant shall not be promoted to a higher post or
rank; and if, he is subjected to the recording of a demerit or a
serious demerit, or is demoted to a lower rank, or removed from
office, he shall not be promoted to a higher grade of the salary
scale.
The periods of disciplinary actions are: 6 months for the
warning; 12 months for the recording of a demerit; 18 months for
the recording of a serious demerit; and 24 months for the demotion
to a lower rank or removal from office.
A public servant who is removed from office shall be demoted in
rank in accordance with relevant regulations.
Article 59 If a public servant who is subjected to a
disciplinary action other than the discharge from public employment
has shown repentance during the period of disciplinary action, and
has ceased violation of discipline, the department deciding on such
action shall, at the expiration of the period of the disciplinary
action, lift the action and inform the public servant himself of
the lift in writing.
After a disciplinary action is lifted, promotion to a higher
grade of the salary scale, a higher rank or post shall no longer be
affected by the former disciplinary action. However, the lift of a
disciplinary action for demotion to a lower rank or removal from
office shall not thus be deemed as the reinstatement in the former
rank or post.
Chapter X Training
Article 60 A department shall conduct training among public
servants on the basis of classified grades and categories and in
light of the requirements of official duties of public servants and
the need for enhancing the quality of public servants.
The State sets up institutions specializing in training for
public servants. A department may, in light of need, entrust other
training institutions with the training of public servants as
well.
Article 61 A department shall conduct training for the newly
recruited persons who have just taken their posts during the trial
period; training for the public servants who have been promoted to
leading posts shall be arranged before they take the posts or
within one year after they have taken the leading posts; special
professional training shall be arranged for the public servants
engaged in special work; and in-service training for all public
servants shall be arranged in order to update their knowledge and
increase their work capability. And among the public servants who
hold professional and technical posts, professional and technical
training for them shall be arranged in accordance with the
requirements for continued education among professional and
technical persons.
The State shall, in a planned manner, improve training among
reserve leading persons.
Article 62 Training of public servants shall be administered
through registration.
The period of time for training among public servants shall be
determined by the department in charge of public servants in
accordance with the requirements for training specified in Article
61 of this Law.
Training received by a public servant and his academic record
shall serve as one of the bases for his assessment, appointment and
promotion.
Chapter XI Exchange and Avoidance
Article 63 The State applies an exchange system among public
servants.
Public servants may be exchanged within the contingent of public
servants, and may also be exchanged with persons engaged in
official duties from State-owned enterprises and public
institutions, people's organizations and non-government
organizations.
The forms of exchange include assignment to another post,
transfer and secondment for getting experience.
Article 64 Persons engaged in official duties from State-owned
enterprises and public institutions, people's organizations and
non-government organizations may be transferred to government
departments to take leading posts or non-leading posts at or above
the position of associate analyst and other positions at
corresponding as well. The candidate to be transferred shall meet
the qualifications specified in Article 11 of this Law and the
qualifications required by the post to be taken, and he shall not
be a person as specified in Article 24 of this Law. The department
planning to accept the transfer of a person shall, in accordance
with the provisions mentioned above, conduct strict review on the
candidate to be accepted, and grant approval in compliance with the
limits of authorized administration, and may give the candidate
tests, when necessary.
Article 65 Public servants transferred between different posts
shall possess the qualifications required by the posts to be taken,
and such transfer shall be made within the limits of the authorized
size and the number of posts.
Leading persons at or below the chief at the provincial or
ministerial level shall be transferred between regions and
departments in a planned way and with special attention paid to
certain leading persons.
The public servants who hold leading posts of the bodies set up
within a department or who hold non-leading posts of a special
nature shall be transferred within the department in a planned
way.
Article 66 Public servants may, in light of the need for
training them to become experienced, be selected and sent to
departments at the lower or higher levels, to departments in other
regions and to State-owned enterprises and public institutions as
the secondment for the purpose.
During the period of the secondment for training to become
experienced, the organizational affiliation of the public servants
with their original departments shall remain unchanged.
Article 67 Public servants shall obey the decisions made by the
departments for exchange.
If a public servant himself applies for an exchange, the
application shall be subject to approval within the limits of
authorized administration.
Article 68 If public servants are connected by conjugal
relationship, lineal blood relationship, collateral relative
relationship by blood within three generations, or by close in-law
relationship, they shall not take posts directly under the same
leader within the same department or take the posts that are
connected by a relationship directly between the lead and the led,
and nor shall they work in the fields of organization, personnel
affairs, discipline inspection, supervision, auditing or financial
work in a department where one of the parties holds a leading
post.
With regard to special regions or work of special nature, where
adaptation need to be made in order to implement the avoidance
system when making appointments, the regulations in this respect
shall be formulated by the department in charge of public servants
at or above the provincial level.
Article 69 Among public servants who hold the principal leading
posts in departments at the township or county level, or in
relevant departments, regional avoidance shall be implemented,
except where otherwise provided for by law.
Article 70 When performing official duties, a public servant
shall avoid the following circumstances:
(1) His personal interests are involved;
(2) The interests of the party with whom he is connected by the
ties of kinship, as specified in the first paragraph of Article 68
of this Law, are involved; and
(3) Other circumstances which may interfere with the performance
of his official duties impartially.
Article 71 Where any circumstances arise which require a public
servant's avoidance, he himself shall apply for avoidance; and the
interested party shall have the right to apply for the public
servant's avoidance. Other persons may provide information to the
department concerned about the circumstances which require a public
servant's avoidance.
The department shall examine the application made by the public
servant himself or by the interested party, and make a decision on
whether or not there is a need for avoidance, and it may also
directly make the decision on avoidance in the absence of
application.
Article 72 If there are other provisions stipulated by law on
avoidance by public servants, such provisions shall apply.
Chapter XII Salary, Welfare and Insurance
Article 73 The uniform salary system of the State which combines
posts with ranks shall be implemented among public servants.
The principle of distribution according to work shall be applied
to the salary system of public servants, which embodies such
factors as the duties and responsibilities, work capability, actual
achievements in work as well as educational background and
seniority, and maintains a rational difference in salaries between
different posts and ranks.
The State shall set up a mechanism for normal increase in the
salaries of public servants.
Article 74 The salary of a public servant includes the basic
salary, allowances, subsidies and bonuses.
A public servant shall, in accordance with State regulations,
enjoy such allowances as the extra regional allowances, allowances
for poverty-stricken and outlying regions and post allowances.
A public servant shall, in accordance with State regulations,
enjoy such subsidies and benefits as housing allowances and medical
benefits.
Where a public servant is regarded as excellent or competent
through regular assessment, he shall enjoy the year-end bonus in
accordance with State regulations.
The salaries of public servants shall be paid on time and in
full.
Article 75 The salary standards of public servants shall be
coordinated with the development of the national economy and be
suited to progress of the society.
The State shall institute a salary survey system, under which
regular surveys shall be conducted and comparisons be made between
the salary standards of public servants and those of people at the
corresponding levels who work in enterprises, and take the findings
of the surveys and the results of comparisons as the basis for
adjustment of the salary standards of public servants.
Article 76 Public servants shall enjoy welfare benefits in
accordance with State regulations. The State shall raise the
welfare standards of the public servants in line with the level of
economic and social development.
Public servants shall follow the working hour system prescribed
by the State and take holidays according to State regulations.
Where a public servant work overtime in addition to statutory
working days, he shall have deferred days off accordingly.
Article 77 The State establishes an insurance system for public
servants to guarantee them access to assistance and compensation
when they are retired, fall ill, are injured at work, give birth to
babies, are unemployed, etc.
When a public servant becomes disabled at work, he shall be
entitled to benefits for the injured and disabled as prescribed by
the State. Where a public servant sacrifices himself for public
interests, or dies while performing an official duty or dies from
an illness because of work, his family members shall receive
consolation money and preferential treatment prescribed by the
State.
Article 78 No departments shall, on their own, alter the
policies on the salaries, welfare benefits and insurance of public
servants in violation of State regulations, or increase or reduce
their salaries, welfare benefits or insurance without
authorization. No departments shall hold up or deduct the salaries
to public servants, or be in arrears with payment of the same.
Article 79 The expenditures required for payment of salaries,
welfare benefits, insurance premiums and retirement pensions of
public servants as well as for the recruitment and employment,
training, reward and dismissal of public servants shall be
guaranteed by having them listed in the financial budget.
Chapter XIII Resignation and Dismissal
Article 80 If a public servant wishes to resign from public
employment, he shall submit a written application to the department
in charge of appointment and removal. The said department shall,
within 30 days from the date it receives the application, examine
the application before giving approval, and in the case of the
application submitted by a leading person who wishes to resign from
public office, it shall do so within 90 days from the date it
receives the application.
Article 81 A public servant shall not resign from public
employment, if he:
(1) has not served for the minimum number of years prescribed by
the State;
(2) is holding a special post involving State secrets or has not
left the post for the number of years prescribed by the State for
being relieved of such secrets;
(3) has not finished the handling of important official
business, which requires continued handling by him in person;
(4) is subject to auditing or disciplinary investigation, or is
a criminal suspect and the judicial proceedings have not been
concluded; or
(5) is not allowed to resign from public employment for other
reasons, as prescribed by laws and administrative regulations.
Article 82 If a public servant holding a leading post is
required by the provisions of law to resign from his post for a
change of work, he shall go through the formalities for
resignation.
A public servant holding a leading post, owing to his personal
or other reasons, may apply for resignation from the leading post
of his own accord.
Where a leading person commits a grave mistake or grossly
neglects his duty in work, thus causing heavy losses to or exerting
a bad influence on society, or, as a leading person, is held
responsible for a major accident, he shall admit his mistake and
resign from the leading post.
If a leading person who should admit his mistake and resign or
is no longer suitable for holding the current leading post due to
other reasons does not offer resignation, he shall be ordered to
resign from the leading post.
Article 83 A public servant shall be dismissed, if he:
(1) is regarded as incompetent in the annual assessment for two
years running;
(2) is inadequate for the present post and refuses to accept
other arrangement;
(3) refuses to accept reasonable arrangement for adjustment of
his post, which is needed when the department he is working in is
reorganized, dissolved, merged with another department, or
streamlined;
(4) fails to perform the duties of a public servant, fails to
observe the discipline for public servants, fails to make any
change for the better after persuasion, and therefore, is not
suitable to remain in the department, but it is inappropriate to
dismiss him as a disciplinary action, either; or
(5) stays away from work without leave, or fails to return after
the expiration of his official trip or leave for 15 days running
without justifiable reasons, or for 30 days accumulated within one
year.
Article 84 A public servant shall not be dismissed, if he:
(1) becomes disabled while performing official duties and is
confirmed as having lost or partially lost the ability to work;
(2) is within the prescribed period of time for medical
treatment after falling ill or being injured;
(3) is in the period of pregnancy, maternity leave or
breast-feeding, in the case of a female public servant; or
(4) is not to be dismissed for other reasons, as prescribed by
laws and administrative regulations.
Article 85 The dismissal of a public servant shall be decided
within the limits of authorized administration. The public servant
to be dismissed shall be informed in writing of the decision on his
dismissal.
The public servant being dismissed may draw the dismissal pay or
receive unemployment insurance in accordance with relevant State
regulations.
Article 86 Whether resigning from his post or being dismissed, a
public servant shall, before leaving the post, go through the
procedures for handing over official duties, and when necessary, he
may be subject to an auditing in accordance with relevant
regulations.
Chapter XIV Retirement
Article 87 A public servant who reaches the age for retirement
prescribed by the State or completely loses his ability to work,
shall retire.
Article 88 If a public servant meets one of the following
conditions and applies for retirement of his own free will, he may,
upon approval by the department in charge of appointment and
removal, retire before reaching the retirement age:
(1) He has worked completely for 30 years;
(2) He is less than five years away from the retirement age
prescribed by the State and yet he has worked completely for 20
years; or
(3) He meets the other conditions for retirement before reaching
the retirement age, as prescribed by the State.
Article 89 After retirement, a public servant shall enjoy
retirement pension and other benefits prescribed by the State, and
the State shall provide the necessary service and assistance for
their everyday life and health, encourage them to participate in
social development by bringing their specialties into play.
Chapter XV Appeal and Accusation
Article 90 If a public servant is not satisfied with the
following results of the handling of personnel affairs related to
himself, he may, within 30 days from the date he comes to know the
said handling, apply for a review to the original department
handling the matter; if he is not satisfied with the result of the
review, he may, within 15 days from the date he receives the
decision made after the review, appeal to the department in charge
of public servants at the same level or to a department at the next
higher level of the original department handling the matter; and he
may, skipping the review, directly lodge an appeal within 30 days
from the date he comes to know the said handling:
(1) disciplinary action;
(2) dismissal or cancellation of employment;
(3) demotion in post;
(4) being regarded as incompetent through the regular
assessment;
(5) removal from office;
(6) being refused the approval for his application for
resignation or retirement before reaching the retirement age;
(7) his salary is not fixed or held up or deducted or his
welfare and insurance benefits are not held up or deducted in
accordance with relevant regulations; or
(8) other matters for which he may lodge an appeal as prescribed
by laws and regulations.
If a public servant is not satisfied with the decision made
after handling of his appeal by a department at or below the
provincial level, he may make an appeal again to a department at
the next higher level of the department that has made the
decision.
Where a public servant of an administrative department who
lodges an appeal to an administrative supervisory department
because he is not satisfied with a disciplinary action, the appeal
shall be handled in accordance with the relevant provisions of the
Law of the People's Republic of China on Administrative
Supervision.
Article 91 The original department handling a matter shall,
within 30 days from the date it receives the application for
review, make a decision after the review. The department accepting
and handling appeals lodged by public servants shall, within 60
days from the date it accepts an appeal, make a decision after the
handling; and if the case is complicated, the time for making a
decision may be properly extended, but such an extension shall not
exceed 30 days.
During the period of review or appeal, the execution of the
decision on disciplinary action shall not be discontinued.
Article 92 If the department accepting the appeal lodged by a
public servant confirms, upon examination, that a personnel affair
is handled erroneously, the original department handling the same
shall correct it in time.
Article 93 If a public servant believes that the department he
is working in and its leading persons have infringed upon his
lawful rights and interests, he may, according to law, make an
accusation to the department at a higher level or to a special
department concerned. The department accepting the accusation
shall, without delay, handle it in accordance with relevant
regulations.
Article 94 When lodging an appeal or accusation, a public
servant shall not make up a story, or lodge a false accusation
against or frame up another person.
Chapter XVI Position Appointment
Article 95 A department may, in light of the need of work and
upon approval by the department in charge of public servants at or
above the provincial level, implement the appointment system for
positions requiring highly professional knowledge and for auxiliary
positions.
Where the positions specified in the preceding paragraph involve
State secrets, the appointment system shall not be implemented.
Article 96 To engage public servants, a department may openly
advertise for the purpose by reference to the procedures for
examination and recruitment of public servants, and may also select
and appoint the persons from among those who meet the
qualifications.
A department shall engage public servants within the specified
size of the establishment and the norm for its expenditure on
salaries.
Article 97 A department shall, in accordance with the principles
of equality, voluntariness and reaching agreement through
consultation, conclude written contracts with the public servants
it appoints, in which to specify the rights and duties of both the
department and the public servants appointed. An appointment
contract may be altered or terminated upon agreement reached by
both parties through consultation.
The conclusion, alteration or termination of an appointment
contract shall be reported to the department in charge of public
servants at the same level for the record.
Article 98 An appointment contract shall include clauses
concerning the term of the contract, the position and the limits of
power and the responsibilities involved, salary, welfare and,
insurance benefits and liabilities for breach of contract.
The term of an appointment contract shall be from one year to
five years. A trial period may be agreed upon in an appointment
contract, and it shall be from one month to six months.
An agreed-upon salary system shall, in accordance with State
regulations, be carried out among the public servants employed
under the appointment system, and the specific measures in this
regard shall be formulated by the department in charge of public
servants at the central level.
Article 99 A department shall administer its appointed public
servants in accordance with this Law and the appointment
contracts.
Article 100 The State shall set up an arbitration system for
personnel disputes.
An arbitrator for personnel dispute shall, in accordance with
the principles of legitimacy, impartiality and timely handling,
safeguard the lawful rights and interests of both parties in a
dispute according to law.
A personnel dispute arbitration commission shall be established
in light of need. A personnel dispute arbitration commission shall
be composed of the representatives of the department in charge of
public servants, of the employing department, and of the public
servants employed under the appointment system, and legal
experts.
Where a dispute arises over the fulfillment of the appointment
contract between a public servant employed under the appointment
system and the department he belongs to, an application for
arbitration may be filed to a personnel dispute arbitration
commission within 60 days from the date the dispute arises. If the
party concerned is not satisfied with the arbitration award, it may
bring a lawsuit before a people's court within 15 days from the
date it receives the written arbitration award. Once an arbitration
award goes into effect, if one of the parties concerned fails to
comply with it, another party may apply to the people's court for
enforcement.
Chapter XVII Legal Responsibility
Article 101 If a department, in violation of the provisions of
this Law, commits one of the following acts, the leading department
at or above the county level or the department in charge of public
servants shall, in compliance with the limits of authorized
administration and on the merits of each case, instruct the
department in question to correct its mistakes or declare what it
has done invalid; the leading persons to be held responsible and
persons directly responsible for the violation shall, depending on
the seriousness of the case, be subject to criticism and lecturing,
or disciplinary action; and if the violation constitutes a crime,
criminal responsibility shall be investigated in accordance with
law:
(1) failing to recruit, assign, transfer, appoint or promote
public servants in keeping with the authorized size of the
department, the number of posts and the qualifications required by
the posts;
(2) failing to give reward to, take disciplinary action against
and have avoidance of, public servants and to handle their
retirement in accordance with prescribed conditions;
(3) failing to recruit, assign, transfer, appoint and promote
public servants, or to have posts taken through competition, make
public selections, or to conduct assessment, give reward and take
disciplinary action in compliance with the prescribed
procedures;
(4) altering the standards of salary, welfare and insurance
benefits of public servants in violation of State regulations;
(5) disclosing examination questions, violating examination
rules or committing other acts, which seriously impair the openness
and impartiality in recruitment, competition for posts and public
selection;
(6) failing to accept or handle, in accordance with relevant
regulations, appeals or accusations filed by public servants;
and
(7) other acts committed in violation of the provisions of this
Law.
Article 102 Where public servants resign from public employment
or retire, they shall not hold office in enterprises with which
they have been directly related in work, or in other profit-making
organizations, and they shall not engage in profit-making
activities directly related to their original work-within three
years after leaving their posts in the case of leading persons and
within two years in the case of the others.
If a public servant violates the provisions of the preceding
paragraph after his resignation from public employment or his
retirement, the department in charge of public servants at the same
level as the department where he originally worked shall instruct
him to make correction within a time limit; if he fails to do so at
the expiration of the time limit, the administrative department for
industry and commerce at or above the county level shall confiscate
his unlawful gains obtained during his employment, instruct the
unit employing him to dismiss him, and shall, depending on the
seriousness of the circumstances, impose on the employing units a
fine of not less than the amount of the unlawful gains of the
person under punishment, but not more than five times that
amount.
Article 103 Where a department damages the reputation of a
public servant due to its erroneous handling of specific personnel
affairs, it shall make an apology to the public servant,
rehabilitate his reputation and eliminate the bad effects; and if
economic losses are caused therefrom, it shall make compensation
according to law.
Article 104 If a staff member of the department in charge of
public servants, in violation of the provisions of this Law, abuses
his power, neglects his duty or engages in malpractices for
personal gain, which constitutes a crime, he shall be investigated
for criminal responsibility according to law; and if the violation
is not serious enough to constitute a crime, disciplinary action
shall be taken against him.
Chapter XVIII Supplementary Provisions
Article 105 For the purposes of this Law, leading members mean
the leading persons of a department, excluding the persons holding
leading posts in a body set up within the department.
Article 106 Except for the subsidiary staff doing odd jobs, the
staff members of public institutions with the function of
administering public affairs, as authorized by laws and
regulations, shall, upon approval, be administered according to
this Law, mutatis mutandis.
Article 107 This Law shall go into effect as of January 1, 2006.
The Provisional Regulations of the State Council on Reward and
Punishment of Staff Members of the State Administrative
Departments, 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, as well as the Provisional Regulations
on Public Servants of the State, promulgated by the State Council
on August 14, 1993, shall be abolished at the same time.
Source: NPC