Laws of the People's Republic of China
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the Standing Committee of the National People's Congress
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.
The President of the People's Republic of China
April 27, 2005
The Civil Servant Law of the People's Republic of China ContentsChapter I General Provisions Chapter II The Qualifications, Obligations and Rights of a Civil Servant Chapter III Posts and Ranks Chapter IV Employment Chapter V Assessment Chapter VI Appointment and Dismissal Chapter VII Promotion and Demotion Chapter VIII Rewards Chapter IX Punishments Chapter X Trainings Chapter XI Intercommunication and Avoidance Chapter XII Wage, Welfare and Insurance Chapter XIII Resignation and Dismissal Chapter XIV Retirement Chapter XV Appeal and Accusation Chapter XVI Appointment Chapter XVII Legal Liabilities Chapter XVIII Supplementary Provisions
Chapter II The Qualifications, Obligations and Rights of a Civil Servant
Chapter III Posts and Ranks
Chapter IV Employment
Chapter V Assessment
Chapter VI Appointment and Dismissal
Chapter VII Promotion and Demotion
Chapter VIII Rewards
Chapter IX Punishments
Chapter X Trainings
Chapter XI Intercommunication and Avoidance
Chapter XII Wage, Welfare and Insurance
Chapter XIII Resignation and Dismissal
Chapter XIV Retirement
Chapter XV Appeal and Accusation
Chapter XVI Appointment
Chapter XVII Legal Liabilities
Chapter XVIII Supplementary Provisions
Chapter I General Provisions
The present 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, constructing a high-quality troop of civil servants so as to promote diligent and honest government and enhance working efficiency.
The term "civil servant" as mentioned in the present Law refers to those personnel who perform public duties according to laws and have been included into the state administrative staffing with wages and welfare borne by the state public finance.
The obligations, rights and administration of civil servants shall be subject to the present Law.
Where there are other provisions on the appointment, dismissal and supervision of leading members of civil servants and on the obligations, rights and administration of judges and inquisitors, such provisions shall prevail.
The civil servant system shall take Marxism, Leninism, Mao Zedong Thought and Deng Xiaoping Theory and the important thought of "Three Represents", as its guide. Carry out the basic route of the preliminary stage of socialism and the cadre routes and guidelines of the Chinese Communist Party (CPC), and adhere to the principle that the CPC assumes the administration of cadres.
The administration of civil servants shall persist in the principle of openness, equality, competition and selecting the superior ones, and be carried out pursuant to the legal power limits, qualifications, standards and procedures.
The administration of civil servants shall adhere to the principle of paying equal attention to supervisory restriction and incentive guarantee.
The appointment of civil servants shall adhere to the principle of making appointment on abilities and having both political integrity and professional competence, and attach importance to practical achievements of work.
The state shall adopt classified administration on civil servants to enhance the administrative efficiency and level of scientific administration.
Any act of a civil servant to perform his duties according to law shall be protected by law.
The central competent department of civil servants shall be responsible for the comprehensive administration on civil servants. The local competent departments of civil servants above the county level shall be responsible for the comprehensive administration on civil servants within their respective jurisdictional divisions. 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. The competent department of civil servants at all levels shall guide the administration on civil servants of all organs at the same level.
Chapter II Qualifications, Obligations and Rights of a Civil Servant
A civil servant shall satisfy the following qualifications:
having the nationality of the people's Republic of China;
reaching the full age of 18;
upholding the Constitution of the people's Republic of China;
having good moralities;
being in a proper health state to perform his functions and duties normally;
having the educational level and working capacity as required by the post; and
any other qualification as prescribed by laws.
A civil servant shall perform the following obligations:
playing an exemplary role in observing the Constitution and the law;
earnestly performing his functions and duties in light of the prescribed power limit and procedure, and making efforts to advance his working efficiency;
serving people heart and soul, and being subject to the supervision of people;
safeguarding the security, honor and interests of the state;
being loyal to his duty, being diligent and pious, obeying and implementing the decisions and orders made by the superior organ;
keeping the secrets of the state and the secrets relating to his work;
observing the disciplines, scrupulously abiding by the professional ethics, and playing an exemplary role in observing the social morals;
being honest and clean, just and upright;
any other obligations as provided for by laws.
A civil servant may enjoy the following rights:
acquiring the necessary working conditions to perform his functions and duties;
being subject to no dismissal, demotion, expulsion or punishment without a legally prescribed cause or without following the legal procedures;
obtaining the remunerations of wages, and enjoying the treatment of welfare and insurance;
participating in trainings;
bringing forward criticisms or suggestions on the work or leaders of the organ he works for;
lodging an appeal or accusation;
applying for demission; and
any other right as prescribed by law.
Chapter III Posts and Ranks
The state adopts classified system of posts of civil servants.
The posts of civil servants shall, in light of the nature, features and necessities of administration on civil servant posts, be classified into such categories as comprehensive administrators, technological professionals and administrative law enforcers. The State Council may, according to the present Law, add any other category of posts for those with positional peculiarities and in need of separate administration. The scopes of application of the various posts shall be separately prescribed by the state.
The state shall establish a sequence of civil servant posts according to the categories thereof.
The posts of civil servants are divided into leading posts and non-leading posts.
The levels of leading posts are classified into chiefs at the state level, deputies at the state level, chiefs at the provincial and ministerial level, deputies at the provincial and ministerial level, chiefs at the department and bureau level, deputies at the department and bureau level, chiefs at the county and section level, deputies at the county and section level, chiefs at the township and sub-division level and deputies at the township and sub-division level.
The levels of non-leading posts shall be set up below the department and bureau level.
The leading posts of comprehensive administrators shall be decided and established according to the Constitution, relevant laws, post levels and organizational specifications.
The non-leading posts in the category of comprehensive administration shall be inspectors, deputy inspectors, researchers, deputy researchers, division directors, deputy division director, division personnel and clerks.
The sequence of civil servant posts other than the category of comprehensive administration shall be otherwise prescribed by the state according to the present Law.
All organs shall, according to decided functions, specifications, staffing quota and structural proportion, set up specific posts for civil servants within their respective organ, and decide the functions and duties of each post and the qualifications for assuming the post.
The posts of civil servants shall be matched with the corresponding ranks. The corresponding relationship between the posts and ranks of civil servants shall be prescribed by the State Council.
The post and rank of a civil servant are the basis to decide the salary and any other treatment thereof.
The rank of a civil servant shall be decided by the post he assumes, the moral status and abilities thereof, the practical achievements of his work and his seniority. For the civil servants assuming a same post, the promotion of ranks thereof may be made according to the provisions of the state.
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 and those working in the customs houses or in the institutions of foreign affairs stationed abroad.
Chapter IV Employment
The employment of civil servants with the posts lower than the division director or in any other non-leading post at the corresponding level shall adopt measures of open examination, strict inspection, equal competition and employment on the basis of competitive selection.
Where there is any employment of civil servants in an autonomous region according to the provisions of the foreside paragraph, the applicants of ethic minorities shall be given appropriate preferential treatment according to laws and other relevant provisions.
The employment of civil servants in the state organs of the Central Government and the institutions directly under them shall be organized by 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 departments of civil servants at the provincial level. When necessary, the administrative department of civil servants at the provincial level may authorize the administrative department of civil servants in the districted cities to do it.
Anyone entering for the examination for civil servants shall, besides the requirements as prescribed by Article 11 of the present Law, satisfy the qualifications for the would-be posts as prescribed by the administrative departments of civil servants above the provincial level.
Anyone under the following circumstances shall not be employed as a civil servant:
having been imposed on a criminal punishment;
having been dismissed from public office; and
any other circumstance as prescribed by laws, under which one shouldn't be employed as a civil servant.
Where anyone is to be employed as a civil servant, he shall be within the prescribed staffing quota, and there is a corresponding post vacancy.
A notice of recruiting civil servants through examination shall be publicized for the employment of civil servants. The posts, quota, qualifications for the said examination, application materials needed to be submitted and other points of attention for examination application shall be indicated in the notice.
The employing organ shall take measures to facilitate the examination application of citizens.
The employing organ shall conduct inspection on the examination application in light of the qualification requirements for the applicants. The application materials as submitted by the applicants shall be true and accurate.
The employment examination of civil servants shall be carried out in written form and by interviews. The examination content shall be decided respectively according to the basic capabilities of civil servants as required and the different categories of posts.
The employing organ shall decide candidates to be inspected pursuant to the results of examination, and shall conduct a re-examination over the application qualifications of applicants, make an inspection and health checkup.
The items and standard of health checkup shall be decided by the requirements of corresponding posts. The specific measures shall be provided for by the administrative department of civil servants of the Central Government in collaboration with the administrative department of sanitation of the State Council.
The employing organ shall, according to examination results and results of inspection and health checkup, bring forward a name list of candidates to be employed and publicize it to the general public.
Where the duration of public announcement 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. The employing organs at the local level shall report the name list to the administrative department of civil servants at the provincial level or in the districted cities for examination and approval.
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 may be adopted.
The probation term of newly employed civil servants is 1 year. Anyone who is qualified at the expiration of the probation term may take the post. For anyone who is disqualified, the employment thereof shall be canceled.
Chapter V Assessment
The assessment of a civil servant shall be managed according to the power limit of administration, and shall examine the morality, capability, diligence, achievement and uprightness thereof in an all-round manner and focus on the practical achievements of his work.
The assessment of a civil servant includes assessment in usual days and periodical assessment. The periodical assessment shall be based on the assessment in usual days.
The periodical assessment of a non-leader civil servant shall be conducted in the form of annual examination. First, the individual concerned shall make a summary in light of the post and duties thereof and relevant requirements. Then the leader-in-charge shall, after soliciting the opinions of the masses, bring forward a suggestion of assessment grade, and the person-in-charge of the organ concerned or the authorized assessment committee shall decide the assessment grade.
As for those leading members of civil servants, the periodical assessment shall be conducted by the administrative organ thereof according to relevant provisions.
The results of periodical assessment shall be divided into four grades: excellent, competent, basically competent and incompetent.
The civil servant concerned shall be notified of the periodical assessment result thereof in written form.
The result of periodical assessment shall be considered as the basis for the adjustment of post, rank, wage, reward, training and dismissal of a civil servant.
Chapter VI Appointment and Dismissal
The employment system through selection and the employment system through appointment shall be adopted for the posts of civil servants.
The tenure system shall be adopted for the posts of leading members according to the provisions of the state.
The civil servant by the employment system through selection may assume the post upon the enforcement of selection result thereof. No one may continue to assume his post when his tenure expires. The tenure of a post shall be terminated where anyone resigns his post or is dismissed or removed during his tenure.
For a civil servant employed by the employment system through appointment, if he is found to qualified 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 a dismissal is necessary, the appointment and dismissal thereof shall be decided in light of the power limit of administration and the prescribed procedures.
The post assumption of a civil servant shall be carried through within the prescribed staffing quota and the amount of posts, and meets a corresponding post vacancy.
A civil servant, who has a part-time job out of his organ due to his work, shall be subject to the approval of the relevant organs and shall not draw any reward from his part-time job.
Chapter VII Promotion and Demotion
For the promotion of a civil servant, he shall satisfy the requirements in such aspects as the ideological and political qualifications, working capability, educational level and working experience.
The promotion of a civil servant shall be conducted grade by grade. Those, who are particularly excellent or are needed in work due to special reasons, may enjoy the exception of waiving conventional constraints or being promoted by two ranks according to relevant provisions.
The promotion of a civil servant to a leading post shall be subject to the following procedures:
deciding the candidate to be inspected by democratic recommendation;
organizing an inspection, bringing forward suggestion on appointment through deliberation and making preparation within a certain range where it is necessary;
discussing the decision according to the power limit of administration; and
going through the formalities of position according to the provisions.
The promotion of a civil servant to a non-leading post shall be subject to the procedures as prescribed in the preceding paragraph.
Where there is any vacancy of a leading post lower than the chief at the department and bureau level in an entity of an organ, the candidate may be selected through competitive post bidding within the foresaid organ or within the staff members thereof.
Where there is any vacancy of a leading post lower than the chief or higher than the deputy researcher at the department and bureau level or any other vacancy of non-leading post at the corresponding level, the candidate thereof may be selected through an open selection from the society.
The candidate of a judge or public procurator for the first time shall be selected through open selection from those who have obtained the relevant qualifications through the judicial examination as uniformly organized by the state.
The system of public announcement before assuming the post and the system of probation for assuming the post shall be adopted in the promotion of a civil servant to a leading post according to relevant provisions.
Where a civil servant is assessed as incompetent during the periodical assessment, he shall be demoted to a lower-level post according to the prescribed procedures.
Chapter VIII Rewards
Those civil servants or a collective of civil servants, who have made outstanding working performances, noticeable achievements and contributions or other outstanding deeds, shall be rewarded. And the awarding shall uphold the principle of combining spiritual rewards and material rewards with the focus on spiritual rewards.
The rewards for the collective of civil servants shall apply to those institutions as established according to the staffing sequence or those work collectives as formed to accomplish a special task.
A civil servant or a collective of civil servants shall, under any of the following circumstances, be rewarded:
being loyal to his duties, working actively and having noticeable achievements;
observing disciplines, being clean-fingered in performing his official duties, working in an upright way, playing an outstanding exemplary role;
having any invention or creativity or having raised any reasonable suggestion in work, or having achieved obvious economic benefits or social benefits;
having made outstanding contributions to promoting ethic solidarity and safeguarding social stability;
having made outstanding achievements in cherishing public property and saving state assets;
having meritorious acts in preventing or eliminating accidents so that the interests of the state and the masses are prevented from loss or the loss thereof is reduced;
defying personal danger and making contributions under such special circumstances as rushing to deal with an emergency or providing disaster relief;
having made achievements in fighting against any illegal or rule-breaking act;
having won honors and interests for the state in foreign affairs; or
having any other outstanding achievement.
The rewards are divided into Commendation, Third-grade Merit, Second-grade Merit, First-grade Merit and being conferred an honorary title.
A civil servant who is rewarded or a collective of civil servants which is commended shall be given a one-off bonus or any other treatment.
The rewards as conferred to a civil servant or a collective of civil servants shall be decided in light of the prescribed power limit and procedures, or shall be subject to examination and approval.
The reward of a civil servant or a collective of civil servants shall be canceled under any of the following circumstances:
practicing fraud or cheating to obtain rewards;
concealing any serious mistake when filing an application for rewards, or severely violating the prescribed procedures; or
any other circumstance as prescribed by laws or regulations, under which the rewards thereof shall be canceled.
Chapter IX Punishments
A civil servant shall observe disciplines and shall not have any of the following acts:
disseminating any expression that damages the state reputation, organizing or participating in activities such as assembling, procession and demonstration that aims to oppose the state;
organizing or participating in any illegal organization, or organizing or participating in any strike;
neglecting his duties so that the work thereof is bungled;
refusing to carry out the decision or order as made by the superior thereof;
suppressing criticism or taking revenge;
practicing fraud in order to mislead or cheat the leader thereof or the general public;
being corrupt, giving or accepting bribes, making use of the post to seek personal gains for himself or others;
violating the financial and economic disciplines and wasting state assets;
abusing his power to infringe on the legitimate rights and interests of any citizen, legal person or any other organization;
discovering any state secret or work secret;
damaging the state reputation or interests in foreign affairs;
participating in or supporting activities such as eroticism, drug abuse, gambling and superstition, etc.;
acting against professional ethics or public morality;
undertaking or participating in any profit-making activity, or holding a concurrent post in an enterprise or any other profit-making organization;
being absent from work or in the event of a business trip or a leave, failing to return at expiration of the leave of trip without any justifiable reason; or
any other act in violation of disciplines.
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, the civil servant concerned shall fulfill the decision or order. The superior shall be responsible for the consequences of the performance of duties, and the civil servant shall not be subject to any liability. However, where a civil servant fulfills any decision or order that is obviously illegal, he shall be subject to the corresponding liabilities according to law.
In case a civil servant is subject to disciplinary liability due to any illegal act or disciplinary breach, he shall be given a punishment according to the present Law. For those disciplinary acts with lenient circumstances, he may be immune from punishment after he has make corrections upon criticism and education.
The punishments are divided into warning, demerit, gross demerit, demotion, dismissal from post and expulsion.
The punishment upon a civil servant shall be made with the bases of clear facts, irrefutable evidence, accurately determined nature, proper treatment, legal procedure and complete formalities.
For the discipline breach of a civil servant, the organ that makes the decision on punishment shall carry out an investigation into the disciplinary breach of the civil servant, and shall notify the civil servant concerned of the fact as acknowledged through investigation and the basis for the proposed punishment. The civil servant concerned may have rights to state and defend.
Where the organ that makes the decision of punishment deems that a civil servant shall be subject to a punishment, it shall, within the prescribed time limit, make a decision on punishment in light of the power limit of administration and the prescribed procedure. The civil servant concerned shall be notified of the decision on punishment in written form.
A civil servant may not enjoy any post promotion or rank promotion during the duration of punishment. In particular, the civil servant who is given a demerit, gross demerit, demotion or dismissal may not enjoy any elevation of wage grade.
The durations of punishments are: 6 months of warning, 12 months of demerit, 18 months of gross demerit, 24 month of demotion/dismissal.
Anyone who is imposed upon punishment of dismissal shall be demoted according to relevant provisions.
Where a civil servant who is imposed upon any punishment other than expulsion shows repentance during the duration 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 and inform the civil servant concerned in written form.
Where a punishment is relieved, the elevation of wage grade, promotion in rank and post shall no longer be affected by the former punishment. However, the removal of such punishment as demotion or dismissal shall not be deemed as a renewal of the original rank or post.
Chapter X Trainings
An organ shall, pursuant to the functions and duties of civil servants or the requirements to improve the qualities of civil servants, conduct categorized and rank-based trainings to civil servants.
The state shall establish special institutions for the training of civil servants. The organs may, when necessary, entrust any other training institution to carry out trainings for civil servants.
The organs shall carry out trainings for those newly-employed civil servants who assume their posts for the first time. Those civil servants who have been promoted to leading posts shall be given trainings before assuming their posts or within 1 year after assuming their posts. Those civil servants who are engaged in special work shall be given special trainings. In-service trainings shall be carried out to all civil servants so as to upgrade their knowledge and improve their working capacities. In particular, those civil servants taking posts of special technologies shall, in light of the requirements of further education for special technical personnel, be given special technical trainings.
The state shall reinforce the training for reserve leading personnel in a planned manner.
The registration administration shall be carried out in civil servant trainings.
The time for a civil servant to participate in trainings shall be decided by the administrative department of civil servants according to the provisions of Article 61 of the present Law.
The trainings and academic achievements shall be a kind of content of the civil servant examination and a basis for appointment and promotion.
Chapter XI Intercommunication and Avoidance
The civil servant intercommunication system is adopted by the state.
Civil servants may communicate within the troop of civil servants or may communicate with those personnel undertaking public office in state-owned enterprises, public institutions, people's associations or private organizations.
The forms of intercommunication include transferring to another post, changing to another post and working out by assuming a temporary leading position in an inferior entity.
Those personnel, who are engaged in public office of state-owned enterprises, public institutions, people's associations or private organizations, may be transferred to the state organs to hold leading posts or non-leading posts above the deputy researcher level, or hold any other non-leading post at the corresponding level. The person transferred shall satisfy the qualification requirements of the suggested posts as prescribed in Article 11 of the present Law, and shall not have any circumstance as prescribed in Article 24 of the present Law. The state organ to which such person is transferred shall conduct a strict inspection over the candidates for deployment, carry out examination and approval in light of the power limit of administration, and, when necessary, conduct an examination over the candidates for transfer.
As for the transfer of a civil servant between different posts , he shall satisfy the qualifications for the suggested post, and the transfer of post shall be carried out with the prescribed staffing quota and number of posts.
As for those leading members below the level of provincial and ministerial chief, the transfer to another post between different regions or departments shall be carried out in a planned and focused way.
For a civil servant who assumes a leading post in an entity of a state organ or assumes a non-leading post with special work features, the transfer to another post thereof shall be carried out within the organ in a planned manner.
According to the needs to train and cultivate civil servants, civil servants may be selected and appointed to the organs at a lower level or at a higher level, organs in other regions, state-owned enterprises or public institutions for practice out by assuming temporary leading positions.
When a civil servant suspends his duties to practice by assuming temporary leading positions in other entities, the personnel relationship with his original organ shall not be changed.
A civil servant shall obey the decision on intercommunication as made by his entity.
The application of a civil servant for intercommunication shall be subject to the examination and approval in light of the power limit of administration.
Where there is such relationship as husband and wife, lineal descent, collateral consanguinity within three generations or close affinity between civil servants, the persons concerned shall not assume posts immediately subordinate to the same leader in the same organ or hold posts with an relation of immediate superior and subordinator, or engage in such work as organization, human resource, disciplinary investigation, supervision and inspection auditing and finance in the organ where one party concerned holds the leading post.
Where it needs to avoid taking posts due to the peculiarities of region or work features, the avoidance shall be decided by the administrative department of public security above the provincial level.
Where a civil servant assumes the leading post in an organ at the township level or county level or the relevant department thereof, the regional avoidance shall be carried out, unless it is otherwise provided for by laws.
When a civil servant performs his duties, under any of the following circumstances, he shall make avoidance:
Where any of his personal interests is involved;
Where any of the interests of his relatives as described in paragraph 1 of Article 68 of the present Law is involved; or
Any other circumstance that may have any impact on the impartiality of duty performance.
Where there is any circumstance under which a civil servant shall make avoidance, he shall apply for avoidance by himself. Any interested party may have the rights to apply for avoidance of the civil servant concerned. Other people may report to the organ the circumstances concerning the avoidance of a civil servant.
The organ shall, pursuant to 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 avoidance without the civil servant filing an application.
Where there is any different provision on the avoidance of a civil servant by law, the provision shall prevail.
Chapter XII Wage, Welfare and Insurance
The uniform wage system of the state, which combines posts and ranks together, shall apply to civil servants.
The principle "distribution according to work" shall be carried out in the wage system of civil servants so as to embody factors such as functions, capabilities, concrete achievements and seniorities and maintain a reasonable wage discrepancy between different functions and ranks.
The mechanism for normal wage growth of civil servants shall be established by the state.
The wage of a civil servant shall include the basic pay, allowances, subsidies and bonuses.
A civil servant may enjoy the regional additional allowances, difficult and outlying region allowances, subsidy appropriate to particular jobs and other allowances according to the provisions of the state.
A civil servant may enjoy subsidies or allowances such as housing and medicine according to the provisions of the state.
For a civil servant who has been acknowledged as "excellent" or "competent" in a periodical assessment, he may enjoy the year-end bonus according to the provisions of the state.
The wage of a civil servant shall be granted in full amount and in a timely manner.
The wage level of a civil servant shall match with the national economic development and conform to the social progress.
The state shall adopt the wage investigation system, investigate and compare the wage levels of civil servants and the counterparts in enterprises on a periodical base, and the result thereof shall be the basis for adjusting the wage levels of the civil servants.
A civil servant may enjoy welfare treatment as provided for by the state. The state shall advance the welfare treatment of civil servants according to the economic and social development.
The working hours system shall apply to civil servants according to the provisions of the state. A civil servant may enjoy holidays as provided for by the state. Where a civil servant works for extra hours beyond the legal workdays, he shall enjoy corresponding deferred holidays.
The state shall establish an insurance system for civil servants so as to ensure that a civil servant may get help and compensation under circumstances as retirement, illness, occupational injury, childbirth or unemployment.
In case a civil servant is disabled when performing his duties, he shall be given the treatment for the injured and disabled according to the provisions of the state. In case a civil servant sacrifices his life for his duties, dies for his work or dies from work-related illness, the relatives thereof may enjoy the consolation and preferential treatment as prescribed by the state.
No organ may violate the provisions of the state and unlawfully alter the policies on wage, welfare and insurance by itself, or unlawfully raise or reduce the treatment of wage, welfare or insurance for civil servants. No organ may deduct or delay the payment of wage of any civil servant.
The expenditure for wage, welfare, insurance, retirement pay as well as the employment, trainings, rewards and dismissal and etc. of civil servants shall be listed into the fiscal budget so as to provide guarantee for them.
Chapter XIII Resignation and Dismissal
Where a civil servant resigns his public office, he shall submit a written application to the organ in charge of appointment and dismissal, which shall conduct examination and approval within 30 days as of the date of application. Especially for an 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.
A civil servant, under any of the following circumstances, shall not resign his public office:
having not reached the minimum term of service as provided for by the state;
assuming any special post involving secrets of the state, or having not reached the term to open the secret when leaving the aforesaid post;
having not finished his important public duties, which shall be subject to the continuous work of the civil servant concerned;
being subject to an auditing or disciplinary examination, or being suspected of crime and the judicial procedure hasn't been concluded;
any other circumstance as provided for by laws or administrative regulations, under which one shouldn't resign his public post.
A civil servant who holds a leading post shall, when it is necessary for him to resign the present post due to the change of work according to the provisions of law, go through the formalities for resignation.
A civil servant who holds a leading post may, due to his personal reason or any other reason, resign his leading post on his own initiative.
Where a leader causes any serious damage or social impact due to his severe mistakes in work or breach of duties, or bears the leading liabilities for any serious accident, he shall take the blame and resign his leading post.
Where any leader shall take the blame and resign his post, or is no longer suitable for the present leading post but does not apply for resignation by himself, he shall be ordered to resign the leading post thereof.
A civil servant, under any of the following circumstances, shall be subject to dismissal:
having been assessed as "incompetent" in the annual assessment for 2 consecutive years;
failing to be competent for his work and refusing to accept any other arrangement;
refusing a reasonable arrangement due to the adjustment, withdrawal, merge or reduction of staffing members of the organ where he works;
failing to perform his duties as a civil servant or abide by the disciplines of civil servants, making no improvement on education, and being unsuitable for continuing his work in the organ nor being proper to be imposed upon the punishment of dismissal; or
being absent from work or failing to return after the expiration of the term of a business trip or leave for more than 15 days or for an accumulative 30 days within a year.
A civil servant, under any of the following circumstances, shall not be dismissed:
being disabled due to the performance of his duties, and having been acknowledged as losing or partially losing his working ability;
being ill or injured within the prescribed medical period;
for female civil servants, during the periods of pregnancy, maternity leave or lactation; or
any other circumstance as provided for by laws or regulations, under which a civil servant may not be dismissed.
The dismissal of a civil servant shall be subject to the determination within the power limit of administration. The civil servant dismissed shall be notified of the decision of dismissal in written form.
The civil servant dismissed may draw the fee for dismissal or enjoy unemployment insurance according to the provisions of the state.
The civil servant, who resigns his post or is dismissed, shall go through the hand-over formalities before leaving his post, and, when necessary, shall be subject to auditing according to relevant provisions.
Chapter XIV Retirement
A civil servant shall retire, when he reaches the age of retirement as provided for by the state or where he completely losses his working ability.
A civil servant may, under any of the following requirements, apply for retirement in advance on his own initiative and retire upon the approval of the organ in charge of appointment and dismissal:
having worked for 30 years;
having worked for 20 years and being 5 years younger than the retirement age as provided for by the state;
any other circumstance as provided for by the state, under which one may retire in advance.
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 encourages them to give full play to their specialties and participate in social development.
Chapter XV Appeal and accusation
Where a civil servant is discontent with any of the following punishments concerned with himself, he may apply to the original organ that has imposed the punishment for an administrative review within 30 days as of the date when he is notified of the foresaid punishment; where he is discontent with the result of the administrative review, he may appeal to the administrative department of civil servants at the same level or appeal to that at a level higher than the organ that has imposed the punishment according to the provisions of the state; or, he may directly lodges an appeal without any administration review within 30 days as of the date when he is notified of the foresaid punishment:
dismissal or cancellation of employment;
being assessed as "incompetent" in the periodical assessment;
being dismissed from his post;
his application for resignation or retirement in advance being rejected;
failing to decide or deduct his wage, welfare or insurance treatment according to relevant provisions;
any other circumstance as prescribed by laws or regulations on appealing.
Where anyone is discontent with the treatment for his appeal made by an organ below the provincial level, he may appeal again to the counterpart at a level higher than the organ that has made the treatment.
Where a civil servant in any administrative organ is discontent with the punishment and appeals to the administrative supervision organ, the matter shall be treated according to the provisions of the Law of Administration Supervision.
The original organ that has imposed the punishment shall make a decision on the administrative review within 30 days as of acceptance of an application for review. The organ that has accepted the appeal of a civil servant shall make a punishment decision within 60 days as of the date of acceptance. Where the case is complicated, the duration may be extended but shall not be extended for more than 30 days.
The implementation of personnel punishment shall not be stopped during the period of an administration review or appeal.
Where the organ that has accepted the appeal of a civil servant deems that the personnel punishment is wrong upon examination, the original organ that has imposed the punishment shall correct it in a timely manner.
Where a civil servant believes that any leader thereof has damaged his legitimate rights and interests, he may lodge an accusation to the organ at a higher level or the relevant special organ. The organ that has accepted the accusation shall treat it according to relevant provisions in a timely manner.
Where a civil servant lodges an appeal or accusation, he shall not fabricate facts, make false charge against any other person, or frame up any other person.
Chapter XVI Appointment
The state organ may, in light of the needs of work, adopt the appointment system on those posts with strong specialty and with supplementary features, upon the approval of the administrative department of civil servants above the provincial level.
Where any post as described in the preceding paragraph involves state secrets, it shall not be subjected to the appointment system.
Where a state organ employs civil servants, it may conduct an open invitation for employment according to the procedures for civil servant examination and employment, or may make appointment through a direct selection of those who meet the requirements.
The engagement of civil servants shall be conducted within the quota of staffing and limit of amount of salary as provided by laws.
Where an organ employs a civil servant, a written contract of employment shall be concluded so as to clarify the rights and obligations of the organ and the civil servant employed, adhering to the principle of equality, willingness, consensus reached through consultation. The contact of employment may be altered or canceled upon the consensus of both parties through consultation.
The conclusion, alteration or withdrawal of an employment contact shall be put on archival filings in the administrative department of civil servants at the same level.
An employment contract shall include clauses such as contractual term, post and the requirements thereof, wage, welfare, insurance treatment and breach liabilities.
The term for an employment contract is one to five years. The probation period may be stipulated in the employment contact, which is one to six months.
The negotiated wage system shall be adopted for civil servants in the appointment system in accordance with the provisions of the state. The specific measures thereof shall be formulated by the Central Government's administrative department of civil servants.
The state organs shall conduct administration on civil servants they employ according to the present Law and the employment contract.
The arbitration system for personnel disputes is established by the state.
The arbitration of personnel disputes shall, pursuant to the principles of legality, impartiality and timeliness, maintain the legitimate rights and interests of the parties involved in the dispute according to law.
The arbitration committee of personnel disputes may be established where it is necessary. The arbitration committee of personnel disputes shall consist of representatives of the administrative department of civil servants, representatives of the employment organ, representatives of civil servants in the appointment system and legal experts.
Where a civil servant in the appointment system has a dispute with the organ he works for due to the performance of the employment contract thereof, he may apply to the arbitration committee of personnel disputes for arbitration within 60 days as of the day when the dispute arises. 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. After the arbitration result comes into force, and any party concerned refuses to perform his duties, the other party may apply to the people's court for coercive performance.
Chapter XVII Legal Liabilities
Under any of the following circumstances violating of the present Law, the leading organ or the 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 or announces it to be invalid; as for the responsible leader and the persons w directly responsible, a criticism and education or punishment shall be imposed on according to the seriousness of the circumstances; where the violation constitutes a crime, he shall be subject to criminal liabilities according to law.
failing to carry out employment, deployment, post transfer, appointment and promotion for civil servants according to the staffing quota, number of posts or the requirements for the qualification of post assumption;
failing to go through rewards, punishments, avoidance and retirement formalities according to requirements;
failing to carry out employment, deployment, post transfer, appointment, promotion and competitive post bidding, open selection and examination and rewards and punishments according to prescribed procedures;
violating the provisions of the state by altering the standard of wage, welfare, insurance treatment of civil servants;
divulging test questions in the employment, competitive post bidding or open selection, breaching the disciplines of the examination room or any other act that has any severe impact on the openness and impartiality;
failing to accept or handle any appeal or accusation of a civil servant according to relevant provisions;
any other circumstance violating the provisions of the present Law.
Where a civil servant resigns his post or retires, he shall not take any post in an enterprise or any other profit-making organization, which is directly related to his original post, or shall not engage in any profit-making activity directly related to his original work within 3 years after he leaves his post, if he is a leader before resignation,. For any other civil servant, the time limit is 2 years.
Where a civil servant has any violation of the provisions in the preceding paragraph after resignation or retirement, the administrative department of civil servants at the same level as the original organ he works for shall order him to make corrections within a prescribed time limit; where he fails to make corrections, the administration for industry and commerce above the county level shall confiscate the illegal proceedings generated from his business, order the entity concerned to dismiss him, and impose on the receiving entity a fine of one to five times of that as imposed on the person according to the seriousness of circumstances.
Where an organ causes any reputation damage to a civil servant due to a concrete wrong personnel punishment, it shall make a formal apology to the civil servant, rehabilitate his reputation and eliminate the ill impact; where any economic damage has been caused, a compensation shall be paid according to law.
Where any of the personnel of the administrative department of civil servants violates the provisions of the present Law by abusing his power, neglecting his duties, practicing favoritism and engaging in malpractice, and if a crime is constituted, he shall be subject to criminal liabilities; if no crime is constituted, he shall be imposed upon a sanction.
Chapter Supplementary Provisions
The term "leader" as mentioned in the present Law refers to the leading members in state organs, which shall not include those leaders in the entities of the organs.
Those personnel except those logistics workers in public institutions which are authorized by any law or regulation to exercise the function of managing public affairs shall be subject to the present Law upon approval.
The present Law shall come into force as of January 1, 2006. The Interim Provisions of the State Council on Rewarding and Punishment of Personnel in the State Administrative Organs as approved by the Standing Committee of the National People's Congress on October 23, 1957 and promulgated by the State Council on October 26, 1957 and the Interim Regulations on State Civil Servants as promulgated by the State Council on August 14, 1993 shall be simultaneously repealed.