the Standing Committee of the National People’s Congress Order of the President of the People’s Republic of China No. 35 The Civil Servant Law of the People’s Republic of China, which was adopted at the 15th session of the Standing Committee of the Tenth 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 I General Provisions Article 1 The present Law is formulated according to the Constitution with a view to regulating the administration of civil servants, ensuring Article 2 The term “civil servant” as mentioned in the present Law refers to those personnel who perform public duties according to laws and Article 3 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, Article 4 The civil servant system shall take Marxism, Leninism, Mao Zedong Thought and Deng Xiaoping Theory and the important thought of “Three Article 5 The administration of civil servants shall persist in the principle of openness, equality, competition and selecting the superior Article 6 The administration of civil servants shall adhere to the principle of paying equal attention to supervisory restriction and incentive Article 7 The appointment of civil servants shall adhere to the principle of making appointment on abilities and having both political integrity Article 8 The state shall adopt classified administration on civil servants to enhance the administrative efficiency and level of scientific Article 9 Any act of a civil servant to perform his duties according to law shall be protected by law. Article 10 The central competent department of civil servants shall be responsible for the comprehensive administration on civil servants. The Chapter II Qualifications, Obligations and Rights of a Civil Servant Article 11 A civil servant shall satisfy the following qualifications: (1) having the nationality of the people’s Republic of China; (2) reaching the full age of 18; (3) upholding the Constitution of the people’s Republic of China; (4) having good moralities; (5) being in a proper health state to perform his functions and duties normally; (6) having the educational level and working capacity as required by the post; and (7) any other qualification as prescribed by laws. Article 12 A civil servant shall perform the following obligations: (1) playing an exemplary role in observing the Constitution and the law; (2) earnestly performing his functions and duties in light of the prescribed power limit and procedure, and making efforts to advance (3) serving people heart and soul, and being subject to the supervision of people; (4) safeguarding the security, honor and interests of the state; (5) being loyal to his duty, being diligent and pious, obeying and implementing the decisions and orders made by the superior organ; (6) keeping the secrets of the state and the secrets relating to his work; (7) observing the disciplines, scrupulously abiding by the professional ethics, and playing an exemplary role in observing the social (8) being honest and clean, just and upright; (9) any other obligations as provided for by laws. Article 13 A civil servant may enjoy the following rights: (1) acquiring the necessary working conditions to perform his functions and duties; (2) being subject to no dismissal, demotion, expulsion or punishment without a legally prescribed cause or without following the legal (3) obtaining the remunerations of wages, and enjoying the treatment of welfare and insurance; (4) participating in trainings; (5) bringing forward criticisms or suggestions on the work or leaders of the organ he works for; (6) lodging an appeal or accusation; (7) applying for demission; and (8) any other right as prescribed by law. Chapter III Posts and Ranks Article 14 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 Article 15 The state shall establish a sequence of civil servant posts according to the categories thereof. Article 16 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 The levels of non-leading posts shall be set up below the department and bureau level. Article 17 The leading posts of comprehensive administrators shall be decided and established according to the Constitution, relevant laws, post The non-leading posts in the category of comprehensive administration shall be inspectors, deputy inspectors, researchers, deputy The sequence of civil servant posts other than the category of comprehensive administration shall be otherwise prescribed by the state Article 18 All organs shall, according to decided functions, specifications, staffing quota and structural proportion, set up specific posts Article 19 The posts of civil servants shall be matched with the corresponding ranks. The corresponding relationship between the posts and ranks 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 Article 20 The state may establish the corresponding ranks, according to the particularities of the work concerned, for those posts as assumed Chapter IV Employment Article 21 The employment of civil servants with the posts lower than the division director or in any other non-leading post at the corresponding Where there is any employment of civil servants in an autonomous region according to the provisions of the foreside paragraph, the Article 22 The employment of civil servants in the state organs of the Central Government and the institutions directly under them shall be organized Article 23 Anyone entering for the examination for civil servants shall, besides the requirements as prescribed by Article 11 of the present Article 24 Anyone under the following circumstances shall not be employed as a civil servant: (1) having been imposed on a criminal punishment; (2) having been dismissed from public office; and (3) any other circumstance as prescribed by laws, under which one shouldn’t be employed as a civil servant. Article 25 Where anyone is to be employed as a civil servant, he shall be within the prescribed staffing quota, and there is a corresponding Article 26 A notice of recruiting civil servants through examination shall be publicized for the employment of civil servants. The posts, quota, The employing organ shall take measures to facilitate the examination application of citizens. Article 27 The employing organ shall conduct inspection on the examination application in light of the qualification requirements for the applicants. Article 28 The employment examination of civil servants shall be carried out in written form and by interviews. The examination content shall Article 29 The employing organ shall decide candidates to be inspected pursuant to the results of examination, and shall conduct a re-examination The items and standard of health checkup shall be decided by the requirements of corresponding posts. The specific measures shall Article 30 The employing organ shall, according to examination results and results of inspection and health checkup, bring forward a name list Where the duration of public announcement expires, the employing organ at the central level shall report the name list to the administrative Article 31 As for the employment of civil servants for any special post, the procedures thereof may, upon the approval of the administrative Article 32 The probation term of newly employed civil servants is 1 year. Anyone who is qualified at the expiration of the probation term may Chapter V Assessment Article 33 The assessment of a civil servant shall be managed according to the power limit of administration, and shall examine the morality, Article 34 The assessment of a civil servant includes assessment in usual days and periodical assessment. The periodical assessment shall be Article 35 The periodical assessment of a non-leader civil servant shall be conducted in the form of annual examination. First, the individual As for those leading members of civil servants, the periodical assessment shall be conducted by the administrative organ thereof according Article 36 The results of periodical assessment shall be divided into four grades: excellent, competent, basically competent and incompetent. The civil servant concerned shall be notified of the periodical assessment result thereof in written form. Article 37 The result of periodical assessment shall be considered as the basis for the adjustment of post, rank, wage, reward, training and Chapter VI Appointment and Dismissal Article 38 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. Article 39 The civil servant by the employment system through selection may assume the post upon the enforcement of selection result thereof. Article 40 For a civil servant employed by the employment system through appointment, if he is found to qualified at the expiration of his probation Article 41 The post assumption of a civil servant shall be carried through within the prescribed staffing quota and the amount of posts, and Article 42 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 Chapter VII Promotion and Demotion Article 43 For the promotion of a civil servant, he shall satisfy the requirements in such aspects as the ideological and political qualifications, The promotion of a civil servant shall be conducted grade by grade. Those, who are particularly excellent or are needed in work due Article 44 The promotion of a civil servant to a leading post shall be subject to the following procedures: (1) deciding the candidate to be inspected by democratic recommendation; (2) organizing an inspection, bringing forward suggestion on appointment through deliberation and making preparation within a certain (3) discussing the decision according to the power limit of administration; and (4) 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. Article 45 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 Where there is any vacancy of a leading post lower than the chief or higher than the deputy researcher at the department and bureau The candidate of a judge or public procurator for the first time shall be selected through open selection from those who have obtained Article 46 The system of public announcement before assuming the post and the system of probation for assuming the post shall be adopted in the Article 47 Where a civil servant is assessed as incompetent during the periodical assessment, he shall be demoted to a lower-level post according Chapter VIII Rewards Article 48 Those civil servants or a collective of civil servants, who have made outstanding working performances, noticeable achievements and The rewards for the collective of civil servants shall apply to those institutions as established according to the staffing sequence Article 49 A civil servant or a collective of civil servants shall, under any of the following circumstances, be rewarded: (1) being loyal to his duties, working actively and having noticeable achievements; (2) observing disciplines, being clean-fingered in performing his official duties, working in an upright way, playing an outstanding exemplary (3) having any invention or creativity or having raised any reasonable suggestion in work, or having achieved obvious economic benefits (4) having made outstanding contributions to promoting ethic solidarity and safeguarding social stability; (5) having made outstanding achievements in cherishing public property and saving state assets; (6) having meritorious acts in preventing or eliminating accidents so that the interests of the state and the masses are prevented from (7) defying personal danger and making contributions under such special circumstances as rushing to deal with an emergency or providing (8) having made achievements in fighting against any illegal or rule-breaking act; (9) having won honors and interests for the state in foreign affairs; or (10) having any other outstanding achievement. Article 50 The rewards are divided into Commendation, Third-grade Merit, Second-grade Merit, First-grade Merit and being conferred an honorary A civil servant who is rewarded or a collective of civil servants which is commended shall be given a one-off bonus or any other treatment. Article 51 The rewards as conferred to a civil servant or a collective of civil servants shall be decided in light of the prescribed power limit Article 52 The reward of a civil servant or a collective of civil servants shall be canceled under any of the following circumstances: (1) practicing fraud or cheating to obtain rewards; (2) concealing any serious mistake when filing an application for rewards, or severely violating the prescribed procedures; or (3) any other circumstance as prescribed by laws or regulations, under which the rewards thereof shall be canceled. Chapter IX Punishments Article 53 A civil servant shall observe disciplines and shall not have any of the following acts: (1) disseminating any expression that damages the state reputation, organizing or participating in activities such as assembling, procession (2) organizing or participating in any illegal organization, or organizing or participating in any strike; (3) neglecting his duties so that the work thereof is bungled; (4) refusing to carry out the decision or order as made by the superior thereof; (5) suppressing criticism or taking revenge; (6) practicing fraud in order to mislead or cheat the leader thereof or the general public; (7) being corrupt, giving or accepting bribes, making use of the post to seek personal gains for himself or others; (8) violating the financial and economic disciplines and wasting state assets; (9) abusing his power to infringe on the legitimate rights and interests of any citizen, legal person or any other organization; (10) discovering any state secret or work secret; (11) damaging the state reputation or interests in foreign affairs; (12) participating in or supporting activities such as eroticism, drug abuse, gambling and superstition, etc.; (13) acting against professional ethics or public morality; (14) undertaking or participating in any profit-making activity, or holding a concurrent post in an enterprise or any other profit-making (15) 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 (16) any other act in violation of disciplines. Article 54 Where a civil servant, when performing official duties, deems that there is something wrong with the decision or order of his superior, Article 55 In case a civil servant is subject to disciplinary liability due to any illegal act or disciplinary breach, he shall be given a punishment Article 56 The punishments are divided into warning, demerit, gross demerit, demotion, dismissal from post and expulsion. Article 57 The punishment upon a civil servant shall be made with the bases of clear facts, irrefutable evidence, accurately determined nature, For the discipline breach of a civil servant, the organ that makes the decision on punishment shall carry out an investigation into Where the organ that makes the decision of punishment deems that a civil servant shall be subject to a punishment, it shall, within Article 58 A civil servant may not enjoy any post promotion or rank promotion during the duration of punishment. In particular, the civil servant 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. Article 59 Where a civil servant who is imposed upon any punishment other than expulsion shows repentance during the duration of punishment and Where a punishment is relieved, the elevation of wage grade, promotion in rank and post shall no longer be affected by the former Chapter X Trainings Article 60 An organ shall, pursuant to the functions and duties of civil servants or the requirements to improve the qualities of civil servants, The state shall establish special institutions for the training of civil servants. The organs may, when necessary, entrust any other Article 61 The organs shall carry out trainings for those newly-employed civil servants who assume their posts for the first time. Those civil The state shall reinforce the training for reserve leading personnel in a planned manner. Article 62 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 The trainings and academic achievements shall be a kind of content of the civil servant examination and a basis for appointment and Chapter XI Intercommunication and Avoidance Article 63 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 The forms of intercommunication include transferring to another post, changing to another post and working out by assuming a temporary Article 64 Those personnel, who are engaged in public office of state-owned enterprises, public institutions, people’s associations or private Article 65 As for the transfer of a civil servant between different posts , he shall satisfy the qualifications
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