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Civil Servant Law of the People's Republic of China

Civil Servant Law of the People's Republic of China

(2005年4月27日第十届全国人民代表大会常务委员会第十五次会议通过 根据2017年9月1日第十二届全国人民代表大会常务委员会第二十九次会议《关于修改〈中华人民共和国法官法〉等八部法律的决定》修正 2018年12月29日第十三届全国人民代表大会常务委员会第七次会议修订)

 

    table of Contents

 

  Chapter XNUMX General

  Chapter II Conditions, Obligations and Rights of Civil Servants

  Chapter III Positions, Ranks and Ranks

  Chapter XNUMX Acceptance

  Chapter XNUMX Assessment

  Chapter VI Appointment and Removal of Positions and Ranks

  Chapter VII Position, Rank Promotion

  Chapter XNUMX Rewards

  Chapter IX Supervision and Punishment

  Chapter XNUMX Training

  Chapter XNUMX Communication and Avoidance

  Chapter XNUMX Wages, Benefits and Insurance

  Chapter XNUMX Resignation and Dismissal

  Chapter XNUMX Retirement

  Chapter XNUMX Complaints and Complaints

  Chapter XNUMX Job Appointment

  Chapter XNUMX Legal Liability

  Chapter XNUMX Supplementary Provisions

Chapter XNUMX General

  Article XNUMX In order to standardize the management of civil servants, protect the legitimate rights and interests of civil servants, strengthen the supervision of civil servants, promote the correct performance of duties and responsibilities by civil servants, and build a high-quality professional civil servant team with firm beliefs, serving the people, being diligent and pragmatic, daring to take responsibility, and being honest and honest. In accordance with the Constitution, this law is enacted.

Second The term "civil servants" as mentioned in this Law refers to staff members who perform public duties in accordance with the law, are included in the state administrative establishment, and whose wages and benefits are borne by the state finance.

Civil servants are an important part of the cadre team, the backbone of the socialist cause, and the public servants of the people.

Article 3 The duties, rights and management of civil servants shall be governed by this Law.

Where there are other provisions in the law on the selection, appointment and removal, and supervision of leading members of civil servants, as well as the obligations, rights and management of inspectors, judges, prosecutors, etc., such provisions shall prevail.

Article 4 The civil service system adheres to the leadership of the Communist Party of China, adheres to the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of "Three Represents", the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and implements the basic line of the primary stage of socialism , implement the organizational line of the Communist Party of China in the new era, and adhere to the principle of the party's management of cadres.

The fifth The management of civil servants shall adhere to the principles of openness, equality, competition and selection of the best, and shall be carried out in accordance with the statutory authority, conditions, standards and procedures.

Article XNUMX The management of civil servants adheres to the principle of paying equal attention to supervision, restraint and incentives.

Article XNUMX In the appointment of civil servants, adhere to the principle of having both ability and political integrity, putting morality first, adhering to all corners of the world, appointing people on their merits, adhering to career-first, fairness and decency, highlighting political standards, and paying attention to work performance.

eighth The state implements classified management of civil servants to improve management efficiency and scientific level.

Article XNUMX When taking office, civil servants shall publicly take the Constitutional oath in accordance with the law.

Article XNUMX The behavior of civil servants to perform their duties according to law shall be protected by law.

Article XNUMX Civil servants' salaries, benefits, insurance, and expenses for recruitment, incentives, training, and dismissal are included in the financial budget and guaranteed.

Article XNUMX The central department in charge of civil servants is responsible for the comprehensive management of civil servants across the country.The local civil servant administrative departments at or above the county level shall be responsible for the comprehensive management of civil servants within their respective jurisdictions.The competent department of civil servants at a higher level shall guide the administration of civil servants by the competent department of civil servants at a lower level.The competent departments of civil servants at all levels shall guide the administration of civil servants in all organs at the same level.

Chapter II Conditions, Obligations and Rights of Civil Servants

    Article XNUMX Civil servants should meet the following conditions:

(XNUMX) Having the nationality of the People's Republic of China;

(XNUMX) At least XNUMX years old;

(XNUMX) Support the Constitution of the People's Republic of China, the leadership of the Communist Party of China and the socialist system;

(XNUMX) Possess good political quality and moral character;

(XNUMX) Having the physical and psychological qualities to perform duties normally;

(XNUMX) Possess the educational level and work ability that meet the requirements of the position;

(XNUMX) Other conditions prescribed by law.

Article XNUMX Civil servants shall perform the following obligations:

(XNUMX) Loyal to the Constitution, exemplary compliance with and consciously upholding the Constitution and laws, and consciously accepting the leadership of the Communist Party of China;

(XNUMX) Being loyal to the country and safeguarding the country's security, honor and interests;

(XNUMX) Being loyal to the people, serving the people wholeheartedly, and accepting the people's supervision;

(XNUMX) Being loyal to their duties, diligent and conscientious, obeying and implementing the decisions and orders made by superiors in accordance with the law, performing their duties in accordance with the prescribed powers and procedures, and striving to improve the quality and efficiency of their work;

(XNUMX) Keeping state secrets and work secrets;

(XNUMX) Take the lead in practicing the core socialist values, adhere to the rule of law, abide by discipline, abide by professional ethics, and model social ethics and family virtues;

(XNUMX) Upright and honest, fair and upright;

(XNUMX) Other obligations stipulated by law.

Article XNUMX Civil servants have the following rights:

(XNUMX) Obtaining the working conditions required to perform duties;

(XNUMX) Not to be removed, demoted, dismissed or punished without legal reasons or legal procedures;

(XNUMX) Obtaining wages and remuneration, and enjoying welfare and insurance benefits;

(XNUMX) Participate in training;

(XNUMX) Criticize and make suggestions on the work of the organ and its leaders;

(XNUMX) filing complaints and accusations;

(XNUMX) apply for resignation;

(XNUMX) Other rights stipulated by law.

Chapter III Positions, Ranks and Ranks

    Article XNUMX The state implements a system of classification of civil servant positions.

According to the nature, characteristics and management needs of civil servant positions, the categories of civil servant positions are divided into categories such as comprehensive management, professional technology and administrative law enforcement.According to this law, other job categories may be added for positions with special positions that need to be managed separately.The scope of application of each job category is stipulated separately by the state.

Article XNUMX The state implements a system of concurrent positions and ranks of civil servants, and sets up the leading positions and ranks of civil servants according to the categories and responsibilities of civil servants.

Article XNUMX The leading positions of civil servants are set in accordance with the Constitution, relevant laws and institutional specifications.

Leadership levels are divided into: national-level principal, national-level deputy, provincial and ministerial-level principal, provincial and ministerial-level deputy, department-level principal, department-level deputy, county-level principal, county-level deputy, township-level principal, township Section-level deputy.

Article XNUMX The ranks of civil servants are set below the bureau level.

The rank sequence of general management civil servants is divided into: first-level inspector, second-level inspector, first-level researcher, second-level researcher, third-level researcher, fourth-level researcher, first-level chief staff member, and second-level chief staff member , the third-level chief staff member, the fourth-level chief staff member, the first-level staff member, and the second-level staff member.

The rank sequence of civil servants in other job categories other than the general management category shall be separately prescribed by the state in accordance with this Law.

Article XNUMX Each organ shall, in accordance with the determined functions, specifications, establishment quota, number of posts and structural proportions, set up specific positions of civil servants in its own organs, and determine the job responsibilities and qualifications for each position.

Article XNUMX The leading positions and ranks of civil servants shall correspond to the corresponding ranks.The correspondence between the leading positions, ranks and ranks of civil servants shall be prescribed by the state.

According to work needs and the corresponding relationship between leadership positions and ranks, the leadership positions and ranks held by civil servants can be transferred to each other or hold concurrently; those who meet the prescribed qualifications can be promoted to leadership positions or ranks.

The rank of a civil servant is determined according to the leadership position, rank and its performance of morality and talent, work performance and seniority.Civil servants in the same leadership positions and ranks may be promoted in accordance with state regulations.

The leadership positions, ranks and ranks of civil servants are the basis for determining the wages and other benefits of civil servants.

Article XNUMX According to the work characteristics of the people's police, fire rescue personnel, and civil servants of customs and diplomatic agencies stationed abroad, the state sets titles and ranks corresponding to their leading positions and ranks.

Chapter XNUMX Acceptance

    Article XNUMX The recruitment of civil servants below the first-level chief clerk and other equivalent rank levels shall take the methods of public examination, strict inspection, equal competition, and merit-based admission.

When employing civil servants in accordance with the provisions of the preceding paragraph, ethnic autonomous areas shall give due consideration to ethnic minority applicants in accordance with laws and relevant regulations.

Article XNUMX The recruitment of civil servants in the central organs and their directly affiliated institutions shall be organized by the central civil servant administrative department.The recruitment of civil servants in local organs at all levels shall be organized by the competent departments of civil servants at the provincial level. When necessary, the competent departments of civil servants at the provincial level may authorize the competent departments of civil servants at the districted city level to organize.

Article XNUMX In addition to the conditions prescribed in Article XNUMX of this Law, applicants for the examination of civil servants shall also meet the qualifications required for the proposed position as prescribed by the competent department of civil servants at or above the provincial level.

The state implements a unified legal professional qualification examination system for civil servants who are engaged in administrative punishment decision review, administrative reconsideration, administrative adjudication, and legal counsel for the first time among administrative organs, and the judicial administration department of the State Council shall organize and implement the implementation in consultation with relevant departments.

Article XNUMX The following persons shall not be employed as civil servants:

(XNUMX) Those who have received criminal punishment for a crime;

(XNUMX) Being expelled from the Communist Party of China;

(XNUMX) being expelled from public office;

(XNUMX) Being legally listed as the object of joint punishment for dishonesty;

(XNUMX) There are other circumstances under which the law stipulates that they shall not be employed as civil servants.

Article XNUMX The recruitment of civil servants shall be within the prescribed staffing quota, and there shall be corresponding vacancies.

Article XNUMX Recruitment of civil servants, should publish a recruitment notice.The recruitment announcement shall specify the positions to be recruited, the number of places, the eligibility conditions for the examination, the application materials to be submitted for the examination, and other matters to be noted when applying for the examination.

Recruitment agencies should take measures to facilitate citizens to apply for the exam.

Article XNUMX The recruitment agency will review the application according to the eligibility criteria.The application materials submitted by the candidates should be true and accurate.

Article XNUMX The civil servant recruitment examination is conducted by means of written test and interview, and the content of the examination is set separately according to the basic abilities that civil servants should possess, different job categories and different levels of organs.

Article XNUMX The recruitment agency determines the candidates for examination based on the examination results, and conducts eligibility review, inspection and physical examination.

The items and standards of the physical examination are determined according to the job requirements.The specific measures shall be formulated by the central government department in charge of civil servants in conjunction with the health administrative department of the State Council.

Article XNUMX The recruitment agency will propose a list of candidates to be recruited based on the test scores, inspection situation and physical examination results, and make it public.The publicity period shall not be less than five working days.

At the expiration of the publicity period, the central recruitment agency at the first level shall submit the list of personnel to be hired to the central civil servant administrative department for record;

Article XNUMX The recruitment of civil servants for special positions may, upon approval by the competent civil servants department at or above the provincial level, simplify procedures or adopt other evaluation methods.

Article XNUMX The probationary period for newly recruited civil servants is one year.Those who pass the probationary period will be offered the post; those who fail to pass will be cancelled.

Chapter XNUMX Assessment

    Article XNUMX The assessment of civil servants shall, in accordance with the management authority, comprehensively assess the morality, ability, diligence, performance and integrity of civil servants, with emphasis on political quality and work performance.The assessment indicators are set separately according to different job categories and different levels of institutions.

Article XNUMX The assessment of civil servants is divided into ordinary assessment, special assessment and regular assessment.Regular assessments are based on regular assessments and special assessments.

Article XNUMX The regular assessment of civil servants who are not members of the leadership shall take the form of annual assessment.Individuals should first summarize according to their position responsibilities and relevant requirements. After listening to the opinions of the masses, the leaders in charge will put forward suggestions on the evaluation level, and the person in charge of the agency or the authorized evaluation committee will determine the evaluation level.

The assessment of leading members shall be handled by the competent authority in accordance with relevant regulations.

Article XNUMX The results of the regular assessment are divided into four grades: excellent, competent, basically competent and incompetent.

The results of the regular assessment shall be notified in writing to the civil servants themselves.

Article XNUMX The results of regular assessments shall be used as the basis for adjusting the positions, positions, ranks, ranks, and wages of civil servants, as well as civil servants' awards, training, and dismissal.

Chapter VI Appointment and Removal of Positions and Ranks

    Article XNUMX The leadership positions of civil servants are subject to the selection system, the appointment system and the appointment system.The appointment system and the appointment system are implemented for the ranks of civil servants.

The positions of leading members shall be subject to a tenure system in accordance with state regulations.

Article XNUMX A civil servant under the elective system will assume an elected position when the election results come into effect; if the term expires and he is not re-elected, or if he resigns, is dismissed, or is dismissed during the term, his position will be terminated.

Article XNUMX Appointment-system civil servants who pass the assessment at the expiration of their probationary period, change their positions and ranks, and other circumstances that require appointment and removal of positions and ranks shall be appointed and removed in accordance with the administrative authority and prescribed procedures.

Article XNUMX Civil servants shall hold office within the prescribed staffing quota and number of posts, and there shall be corresponding vacancies.

Article XNUMX Civil servants who need to work part-time outside the agency shall be approved by the relevant agency and shall not receive remuneration for part-time jobs.

Chapter VII Position, Rank Promotion

    Article XNUMX To be promoted to a leadership position, a civil servant shall possess the conditions and qualifications in terms of political quality, work ability, educational level and working experience required by the proposed position.

The leading positions of civil servants shall be promoted step by step.Those who are particularly outstanding or have special needs for their work may be promoted in accordance with regulations or by leapfrogging.

Article XNUMX The promotion of civil servants to leadership positions shall be handled in accordance with the following procedures:

(XNUMX) motion;

(XNUMX) democratic recommendation;

(XNUMX) Determine the inspection objects and organize inspections;

(XNUMX) Discuss and decide according to the management authority;

(XNUMX) To perform the formalities for taking office.

Article XNUMX If there are vacancies for leadership positions below the bureau level and the agency has no suitable candidates, the candidates may be selected from the society through appropriate methods.

Article XNUMX When a civil servant is promoted to a leading position, the pre-employment announcement system and the probationary period system shall be implemented in accordance with relevant regulations.

Article XNUMX The rank of civil servants shall be promoted step by step, and candidates shall be determined according to the performance of personal morality and talent, work performance and tenure, with reference to the results of democratic recommendation or democratic evaluation.

Article XNUMX The positions and ranks of civil servants can be up or down.Those who are unsuitable or incompetent for their current positions and ranks shall be adjusted.

If a civil servant is determined to be incompetent in the annual assessment, he shall be demoted to a post or a rank-level position in accordance with the prescribed procedures.

Chapter XNUMX Rewards

    Article XNUMX Rewards will be given to civil servants or groups of civil servants who have outstanding work performance, outstanding achievements and contributions, or other outstanding deeds.Rewards adhere to the principle of combining regular rewards with timely rewards, combining spiritual rewards with material rewards, and focusing on spiritual rewards.

The rewards for the collective of civil servants are applicable to institutions set up in accordance with the establishment sequence or to work collectives formed to complete special tasks.

Article XNUMX If a civil servant or a collective of civil servants falls under any of the following circumstances, rewards shall be given:

(XNUMX) Those who are loyal to their duties, work actively, have the courage to take responsibility, and have outstanding work performance;

(XNUMX) Those who are disciplined and law-abiding, honest and honest, upright in work style, fair in handling affairs, and outstanding role model;

(XNUMX) Having inventions and creations or putting forward reasonable suggestions in the work, and obtaining significant economic or social benefits;

(XNUMX) Those who have made outstanding contributions to enhancing ethnic unity and maintaining social stability;

(XNUMX) Those who have made outstanding achievements in protecting public property and saving state assets;

(XNUMX) It has made great achievements in preventing or eliminating accidents, so that the interests of the state and the people can be avoided or reduced;

(XNUMX) Those who have made outstanding contributions in specific circumstances such as emergency rescue and disaster relief;

(XNUMX) Those who have made achievements in fighting against disciplinary and illegal acts;

(XNUMX) Winning honors and interests for the country in foreign exchanges;

(XNUMX) Other outstanding achievements.

Article XNUMX Rewards are divided into: commendation, third-class merit, second-class merit, first-class merit, and title.

Awarded civil servants or civil servants collectively shall be commended, and rewarded individuals shall be given a one-time bonus or other treatment.

Article XNUMX Rewards to civil servants or civil servants collectively shall be decided or examined and approved in accordance with the prescribed authority and procedures.

Article XNUMX According to state regulations, commemorative certificates or medals may be issued to civil servants who have participated in major work in a specific period and in a specific field.

Article XNUMX If a civil servant or a collective of civil servants falls under any of the following circumstances, the reward shall be revoked:

(XNUMX) fraudulently obtain rewards;

(XNUMX) Concealing serious mistakes or seriously violating prescribed procedures when applying for awards;

(XNUMX) Serious violations of discipline and law that affect the reputation of the title;

(XNUMX) There are other circumstances under which the reward should be revoked as stipulated by laws and regulations.

Chapter IX Supervision and Punishment

    Article XNUMX Organs shall supervise civil servants' ideology and politics, performance of duties, performance of work style, compliance with laws and disciplines, etc., carry out education on diligence and integrity, and establish a daily management and supervision system.

Where problems are discovered by civil servants' supervision, different situations shall be distinguished, and conversation reminders, criticism and education, order inspection, admonishment, organizational adjustment, and punishment shall be given.

For civil servants suspected of duty-related violations and duty-related crimes, they shall be transferred to the supervisory organ for handling according to law.

Article XNUMX Civil servants shall consciously accept supervision, and ask for instructions to report work and personal matters in accordance with regulations.

Article XNUMX Civil servants shall abide by the law and shall not commit the following acts:

(XNUMX) Spreading remarks detrimental to the authority of the Constitution, the reputation of the Communist Party of China and the country, organizing or participating in rallies, parades, demonstrations and other activities aimed at opposing the Constitution, the leadership of the Communist Party of China and the country;

(XNUMX) Organizing or participating in illegal organizations, organizing or participating in strikes;

(XNUMX) Provoking or sabotaging ethnic relations, participating in ethnic separatist activities or organizing or using religious activities to undermine ethnic unity and social stability;

(XNUMX) Failure to take responsibility, inaction, dereliction of duty, and delay in work;

(XNUMX) Refusing to implement the decisions and orders made by the superior according to law;

(XNUMX) Suppressing or retaliating against criticism, appeals, accusations or reports;

(XNUMX) Fraudulent, misleading and deceiving leaders and the public;

(XNUMX) Embezzlement and bribery, taking advantage of positions to seek personal gain for oneself or others;

(XNUMX) Violating financial discipline and wasting state resources;

(XNUMX) Abusing power and infringing upon the legitimate rights and interests of citizens, legal persons or other organizations;

(XNUMX) divulging state secrets or work secrets;

(XNUMX) Damage national honor and interests in foreign exchanges;

(XNUMX) Participate in or support pornography, drug addiction, gambling, superstition and other activities;

(XNUMX) Violating professional ethics, social ethics and family virtues;

(XNUMX) Participate in prohibited online dissemination behaviors or online activities in violation of relevant regulations;

(XNUMX) Engage in or participate in for-profit activities in violation of relevant regulations, and hold concurrent positions in enterprises or other for-profit organizations;

(XNUMX) Absenteeism from work or overstaying without justifiable reasons for going out on business or asking for leave;

(XNUMX) Other acts that violate discipline and law.

Article XNUMX When a civil servant performs his official duties, if he believes that the decision or order of his superior is wrong, he may propose to his superior to correct or revoke the decision or order; if the superior does not change the decision or order, or requires immediate execution, the civil servant shall implement the decision or order However, if a public servant executes a decision or order that is obviously illegal, he shall bear the corresponding responsibility according to law.

Article XNUMX Civil servants who should bear disciplinary responsibility for violating discipline and law shall be given sanctions in accordance with this Law or by supervisory organs to be given governmental sanctions in accordance with the law; if the circumstances of violation of discipline and law are minor, and corrections are made after criticism and education, sanctions may be waived.

For the same violation of discipline and law, if the supervisory organ has already made a governmental sanction decision, the organ where the civil servant belongs will no longer impose a sanction.

Article XNUMX Sanctions are divided into: warning, demerit, major demerit, demotion, dismissal, and dismissal.

Article XNUMX The punishment of civil servants shall be based on clear facts, conclusive evidence, accurate characterization, proper handling, legal procedures, and complete procedures.

Where a civil servant violates discipline or law, the sanctioning organ shall decide to conduct an investigation into the civil servant's violation of discipline and law, and inform the civil servant of the facts determined by the investigation and the basis for the proposed sanction.Civil servants have the right to make statements and defenses; the sanction-making authority may not impose heavier sanctions on the basis of public servants' defenses.

If the sanction decision organ considers that a sanction should be given to a civil servant, it shall make a sanction decision within the prescribed time limit in accordance with the management authority and prescribed procedures.The sanction decision shall be notified to the civil servant in writing.

Article XNUMX During the period of punishment, civil servants shall not be promoted to post, rank and rank, and those who have been punished with demerit, major demerit, demotion or dismissal shall not be promoted to salary grade.

The period of punishment is: warning, six months; demerit, XNUMX months; major demerit, XNUMX months; demotion and dismissal, XNUMX months.

Those subject to dismissal shall be degraded in accordance with regulations.

Article XNUMX If a civil servant is subject to a sanction other than dismissal, if he shows repentance during the period of punishment, and there is no further violation of discipline or law, the punishment will be automatically lifted after the expiration of the punishment period.

After the punishment is lifted, the promotion of salary grade, rank and position, and rank will no longer be affected by the original punishment.However, the removal of demotion or dismissal shall not be regarded as restoration of the original rank, original position, or original rank.

Chapter XNUMX Training

    Article XNUMX According to the requirements of civil servants' work duties and the need to improve the quality of civil servants, the organs shall conduct classified and graded training for civil servants.

The state shall establish specialized training institutions for civil servants.Organs may also entrust other training institutions to undertake civil servant training tasks as needed.

Article XNUMX Organs shall conduct initial training for newly recruited personnel during the probationary period; civil servants who are promoted to leadership positions shall conduct on-the-job training before or within one year after taking office; special professional training shall be conducted for civil servants engaged in special work; all civil servants shall be trained. On-the-job training for improving political quality and work ability and updating knowledge, among which professional technical training shall be carried out for professional and technical civil servants.

The state has planned to strengthen the training of outstanding young civil servants.

Article XNUMX The training of civil servants shall be subject to registration management.

The time for civil servants to participate in training shall be determined by the competent department of civil servants in accordance with the training requirements stipulated in Article XNUMX of this Law.

The training situation and academic performance of civil servants serve as the content of civil servants' assessment and one of the basis for their appointment and promotion.

Chapter XNUMX Communication and Avoidance

    Article XNUMX The state implements a civil servant exchange system.

Civil servants may communicate within the ranks of civil servants and staff managed by reference to this Law, and may also communicate with personnel engaged in public service in state-owned enterprises and public institutions not managed by reference to this Law.

Communication methods include transfer and transfer.

Article XNUMX Personnel engaged in public affairs in state-owned enterprises, colleges and universities, scientific research institutes, and other institutions that are not managed by this Law may be transferred to the organ to take up leadership positions or rank-XNUMX investigators or above, or other equivalent ranks.

Candidates for transfer shall meet the conditions specified in Article XNUMX of this Law and the qualifications required for the proposed position, and shall not have the circumstances specified in Article XNUMX of this Law.The transfer agency shall, in accordance with the above-mentioned provisions, conduct a strict inspection of the transfer candidates, examine and approve them in accordance with the management authority, and may conduct examinations on the transfer candidates when necessary.

Article XNUMX The transfer of civil servants between different positions shall meet the qualifications required for the positions to be held, and shall be carried out within the prescribed staffing quota and number of positions.

Leading members below the provincial and ministerial level should be transferred across regions and departments in a planned and focused manner.

Civil servants who hold leadership positions in internal organs of an organ and other special jobs shall be transferred within the organ in a planned way.

Higher-level organs should focus on the public selection of civil servants from grass-roots organs.

Article XNUMX According to the needs of the work, the organ may select and assign civil servants to undertake major projects, major projects, key tasks or other special tasks by means of temporary appointments.

During the period of temporary employment, civil servants will not change their personnel relationship with the original agency.

Article XNUMX Civil servants shall obey the communication decisions of the organs.

Civil servants who apply for exchanges in person shall be examined and approved in accordance with the management authority.

Article XNUMX Civil servants who have husband and wife relationship, lineal blood relationship, collateral blood relationship within three generations, or close affinity relationship shall not work in a position directly subordinate to the same leader in the same organ or in a position with direct subordinate leadership relationship, nor shall they work in The organ in which one of the parties holds a leadership position is engaged in organizational, personnel, disciplinary inspection, supervision, auditing and financial work.

Civil servants shall not serve as leading members of industry supervision or competent departments of enterprises and for-profit organizations operated by their spouses, children and their spouses.

Due to the special location or the nature of the work, it is necessary to flexibly execute the recusal from the post, which shall be stipulated by the competent department of civil servants at or above the provincial level.

Article XNUMX Civil servants who hold main leadership positions in township-level organs, county-level organs, city-level organs divided into districts and their relevant departments shall implement geographical recusal in accordance with relevant regulations.

Article XNUMX When performing official duties, a civil servant shall recuse himself under any of the following circumstances:

(XNUMX) Involving personal interests;

(XNUMX) It involves an interest relationship with a person who has a kinship listed in the first paragraph of Article XNUMX of this Law;

(XNUMX) Other matters that may affect the impartial performance of official duties.

Article XNUMX Where a civil servant should be recused, he shall apply for recusal; interested parties have the right to apply for civil servant recusal.Others may provide the agency with information on the circumstances that civil servants need to avoid.

The organ may make a decision on whether to withdraw or not after examination based on the application of the civil servant or an interested party, or it may directly make a decision to withdraw without an application.

Article XNUMX If the law provides otherwise for the withdrawal of civil servants, such provisions shall prevail.

Chapter XNUMX Wages, Benefits and Insurance

    Article XNUMX Civil servants are subject to the salary system uniformly stipulated by the state.

The civil service salary system implements the principle of distribution according to work, reflects factors such as job responsibilities, work ability, work performance, and seniority, and maintains a reasonable salary gap between different leadership positions, ranks and levels.

The state shall establish a normal increase mechanism for the wages of civil servants.

Article XNUMX Civil servant salaries include base salary, allowances, subsidies and bonuses.

Civil servants enjoy regional additional allowances, allowances for hard and remote areas, post allowances and other allowances in accordance with state regulations.

Civil servants enjoy housing, medical and other subsidies and subsidies in accordance with state regulations.

Civil servants who are determined to be excellent and competent in regular assessments shall enjoy year-end bonuses in accordance with state regulations.

The salaries of civil servants shall be paid in full and on time.

Article XNUMX The salary level of civil servants should be in harmony with the development of the national economy and with social progress.

The state implements a wage survey system, and regularly conducts surveys and comparisons of the wage levels of civil servants and their counterparts in enterprises, and uses the results of wage surveys and comparisons as the basis for adjusting the wage levels of civil servants.

Article XNUMX Civil servants enjoy welfare benefits in accordance with state regulations.The state increases the welfare benefits of civil servants according to the level of economic and social development.

Civil servants shall implement the working hour system stipulated by the state and enjoy vacations in accordance with state regulations.Civil servants who work overtime outside the statutory working days shall be given corresponding compensatory leave, and those who cannot make compensatory leave shall be given subsidies in accordance with state regulations.

Article XNUMX Civil servants participate in social insurance in accordance with the law and enjoy insurance benefits in accordance with state regulations.

If a civil servant sacrifices himself or dies due to illness, his relatives shall enjoy the pensions and preferential treatment prescribed by the state.

Article XNUMX No agency may violate state regulations by changing civil servants' salaries, benefits, and insurance policies on their own, or increase or reduce civil servants' wages, benefits, and insurance benefits without authorization.No agency may deduct or delay the wages of civil servants.

Chapter XNUMX Resignation and Dismissal

    Article XNUMX A civil servant who resigns from public office shall submit a written application to the appointment and dismissal authority.The appointment and dismissal authority shall examine and approve the application within XNUMX days from the date of receipt of the application, among which the application for the resignation of a leading member from public office shall be examined and approved within XNUMX days from the date of receipt of the application.

Article XNUMX A civil servant who falls under any of the following circumstances shall not resign from public office:

(XNUMX) Those who have not reached the minimum service period stipulated by the state;

(XNUMX) Those who hold special positions involving state secrets or leave the above-mentioned positions are dissatisfied with the time limit for declassification stipulated by the state;

(XNUMX) The important official business has not been completed, and the person must continue to handle it;

(XNUMX) Those who are undergoing audit, disciplinary review, supervisory investigation, or are suspected of committing a crime, and the judicial process has not yet been concluded;

(XNUMX) Other circumstances stipulated by laws and administrative regulations that may not resign from public office.

Article XNUMX Civil servants in leading positions who need to resign from their current positions due to job changes in accordance with the law shall go through the resignation procedures.

Civil servants who hold leadership positions may voluntarily resign from leadership positions due to personal or other reasons.

If a leading member causes heavy losses or bad social impact due to serious mistakes or dereliction of duty, or assumes leadership responsibility for a major accident, they should take the blame and resign from their leadership positions.

If a leading member is no longer suitable for the current leadership position due to other reasons, or if he should take the blame and resign and does not propose to resign himself, he shall be ordered to resign from the leadership position.

Article XNUMX A civil servant who falls under any of the following circumstances shall be dismissed:

(XNUMX) In the annual assessment, it is determined to be incompetent for two consecutive years;

(XNUMX) Those who are incompetent for their current job and do not accept other arrangements;

(XNUMX) The person refuses to make reasonable arrangements due to the adjustment, cancellation, merger or reduction of the number of staff by the organ where he works;

(XNUMX) Those who fail to perform their duties as a civil servant, fail to abide by the law and discipline of civil servants, have not changed after education, are not suitable for continuing to work in the organs, and are not subject to dismissal;

(XNUMX) Absenteeism or absence from work for more than XNUMX consecutive days or over XNUMX days in one year.

Article XNUMX A civil servant who falls under any of the following circumstances shall not be dismissed:

(XNUMX) Those who are disabled due to work and are confirmed to have lost or partially lost their ability to work;

(XNUMX) being ill or injured within the prescribed medical treatment period;

(XNUMX) Female civil servants during pregnancy, maternity leave, or breastfeeding;

(XNUMX) Other circumstances stipulated by laws and administrative regulations that may not be dismissed.

Article XNUMX The dismissal of civil servants shall be decided in accordance with the management authority.The dismissal decision shall be notified in writing to the civil servant who is dismissed, and shall be informed of the dismissal basis and reasons.

A civil servant who is dismissed may receive dismissal payment or enjoy unemployment insurance in accordance with relevant state regulations.

Article XNUMX When a civil servant resigns or is dismissed, he or she shall go through the formalities for the handover of official duties before resigning, and be audited in accordance with regulations when necessary.

Chapter XNUMX Retirement

    Article XNUMX Civil servants who have reached the retirement age prescribed by the state or who have completely lost the ability to work shall retire.

Article XNUMX A civil servant who meets one of the following conditions may voluntarily file an application and, upon approval by the appointment and dismissal authority, may retire early:

(XNUMX) Those who have worked for XNUMX years or more;

(XNUMX) The retirement age stipulated by the state is less than five years, and the working years are at least XNUMX years;

(XNUMX) Other circumstances under which the state may retire early are met.

Article XNUMX After civil servants retire, they enjoy pensions and other benefits stipulated by the state. The state provides them with necessary services and assistance for their life and health, and encourages them to give full play to their personal expertise and participate in social development.

Chapter XNUMX Complaints and Complaints

    Article XNUMX If a civil servant is not satisfied with the following personnel handling involving himself, he may apply to the original handling agency for review within XNUMX days from the date of knowing the handling of the personnel; File a complaint with the competent department of civil servants at the same level or the agency at the next higher level of the agency that made the personnel handling; or directly file a complaint within XNUMX days from the date of knowing the personnel handling without reviewing:

(XNUMX) Punishment;

(XNUMX) Dismissal or cancellation of employment;

(XNUMX) Demotion;

(XNUMX) The regular assessment is determined to be incompetent;

(XNUMX) dismissal;

(XNUMX) The application for resignation or early retirement is not approved;

(XNUMX) Failure to determine or deduct wages, benefits and insurance benefits in accordance with regulations;

(XNUMX) Other circumstances under which an appeal may be appealed as provided for by laws and regulations.

If you are not satisfied with the appeal handling decision made by the organ below the provincial level, you may file a re-appeal to the higher-level organ that made the handling decision.

The organ that accepts civil servants' appeals shall form a civil servants' appeals justice committee, which shall be responsible for accepting and hearing the appeals of civil servants.

Civil servants who are not satisfied with the handling decision made by the supervisory organ and apply to the supervisory organ for review or re-examination shall be handled in accordance with the relevant regulations.

Article XNUMX The original handling organ shall make a review decision within XNUMX days after receiving the review application, and notify the applicant in writing.The organ that accepts the civil servant's appeal shall make a decision within XNUMX days from the date of acceptance; if the case is complicated, it may be appropriately extended, but the extension shall not exceed XNUMX days.

During the period of review and appeal, the execution of personnel processing shall not be stopped.

Civil servants are not subject to aggravated processing for applying for review or filing a complaint.

Article XNUMX If the organ that accepts the civil servant's appeal finds that there is an error in personnel handling, the original handling organ shall correct it in a timely manner.

Article XNUMX Civil servants who believe that an organ or its leaders have violated their lawful rights and interests may file a complaint with a higher-level organ or a supervisory organ in accordance with the law.The organ accepting the accusation shall handle it in a timely manner in accordance with the regulations.

Article XNUMX When civil servants file complaints or accusations, they shall respect the facts, and shall not fabricate facts, falsely accuse or frame others.Those who fabricate facts, falsely accuse or frame others shall be investigated for legal responsibility according to law.

Chapter XNUMX Job Appointment

    Article XNUMX Organs may, according to work needs and with the approval of the competent civil servant departments at or above the provincial level, implement an appointment system for highly specialized positions and auxiliary positions.

If the positions listed in the preceding paragraph involve state secrets, the appointment system shall not be implemented.

Article XNUMX The civil servants employed by the organs may refer to the civil service examination recruitment procedures for open recruitment, or they may directly select and recruit from the qualified personnel.

The employment of civil servants by an organ shall be carried out within the prescribed staffing and salary limits.

Article XNUMX When an agency hires a civil servant, it shall, in accordance with the principles of equality, voluntariness, and consensus through consultation, sign a written employment contract to determine the rights and obligations of both the agency and the civil servant employed.The employment contract may be changed or terminated by mutual agreement.

The signing, modification or termination of an employment contract shall be reported to the competent department of civil servants at the same level for the record.

Article XNUMX The employment contract shall have the terms of the contract term, the position and its responsibilities, wages, benefits, insurance benefits, and liability for breach of contract.

The term of the employment contract is one to five years.The employment contract may stipulate a probationary period ranging from one month to twelve months.

The contracted wage system is adopted for civil servants under the appointment system.

Article XNUMX The agency shall manage the employed civil servants in accordance with this Law and the employment contract.

Article XNUMX If a dispute arises between a civil servant under the appointment system and the agency he works for over the performance of the employment contract, he or she may apply for arbitration within XNUMX days from the date of the dispute.

The competent departments of civil servants at or above the provincial level shall set up personnel dispute arbitration committees as needed to accept arbitration applications.The Personnel Dispute Arbitration Committee shall be composed of representatives of the competent departments of civil servants, representatives of employment agencies, representatives of civil servants under the appointment system, and legal experts.

If the parties are not satisfied with the arbitral award, they may file a lawsuit in the people's court within XNUMX days from the date of receipt of the arbitral award.After the arbitration award takes effect, if one party fails to perform, the other party may apply to the people's court for enforcement.

Chapter XNUMX Legal Liability

    Article XNUMX If there are any of the following violations of the provisions of this law, the leading organs at or above the county level or the competent civil servants' departments shall, in accordance with their management authority, distinguish between different situations, and order them to correct or declare them invalid; If serious, criticize and educate, order inspection, admonish, organize adjustment, and punish; if a crime is constituted, criminal responsibility shall be investigated according to law:

(XNUMX) Recruitment, transfer, transfer, appointment and promotion of civil servants not in accordance with the establishment quota, number of posts or qualifications;

(XNUMX) Not in accordance with the prescribed conditions to reward and punish civil servants, avoid them and handle retirement;

(XNUMX) Failure to follow the prescribed procedures for the recruitment, transfer, transfer, appointment, promotion, assessment, reward and punishment of civil servants;

(XNUMX) Violating state regulations by changing the standards of civil servants' wages, benefits, and insurance benefits;

(XNUMX) Leaking test questions, violating the discipline of the examination room, and other acts that seriously affect openness and impartiality in employment, public selection, etc.;

(XNUMX) Failure to accept and handle complaints and accusations of civil servants in accordance with regulations;

(XNUMX) Violating other circumstances stipulated in this Law.

Article XNUMX If a civil servant resigns from public office or retires, the civil servants who were former members of the leadership and the leadership positions at or above the county level shall not be employed in enterprises or other for-profit organizations directly related to their original work within three years of their resignation and other civil servants within two years of their resignation. Engage in for-profit activities directly related to the original job business.

If a civil servant resigns or retires and violates the provisions of the preceding paragraph, the competent department of civil servants at the same level of his original agency shall order it to make corrections within a time limit; if he fails to make corrections within the time limit, the market supervision department at or above the county level shall confiscate the person’s illegal income during his employment. Order the receiving unit to remove the person and, according to the seriousness of the circumstances, impose a fine of more than one time and less than five times the illegal income of the punished person.

Article XNUMX If a staff member of the department in charge of civil servants violates the provisions of this Law, abuses his power, neglects his duties, or engages in malpractice for personal gain, which constitutes a crime, he shall be investigated for criminal responsibility according to law; if a crime is not constituted, he shall be given sanctions or the supervisory organ shall give governmental sanctions according to law.

Article XNUMX In the recruitment and appointment of civil servants, if there are acts such as concealing real information, falsifying, cheating in exams, disrupting the order of exams, etc., the competent department of civil servants shall invalidate exam results, disqualify, restrict application for exams, etc. according to the circumstances; pursue legal responsibility.

Article XNUMX If the organ causes damage to the reputation of the civil servant due to wrong personnel handling, it shall make an apology, restore the reputation, and eliminate the impact; if it causes economic losses, it shall pay compensation according to law.

Chapter XNUMX Supplementary Provisions

    Article XNUMX The term "leading members" as mentioned in this Law refers to the leading personnel of the organs, excluding those who hold leading positions in the internal organs of the organs.

Article XNUMX The staff members other than workers in public institutions authorized by laws and regulations with public affairs management functions shall be managed with reference to this Law upon approval.

Article XNUMX This law shall come into force on January 2019, 6.

Source of this article: http://www.npc.gov.cn/zgrdw/npc/lfzt/rlyw/2018-12/29/content_2071578.htm

The purpose of reprinting the article is to share national laws and regulations and learn and progress together.

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