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Order of the President of the People’s Republic of China
No. 35
The Law of the People’s Republic of China on Public Servants, adopted at the 15th Meeting of the Standing Committee of the Tenth
National People’s Congress of the People’s Republic of China on April 27, 2005, is hereby promulgated and shall go into effect
as of January 1, 2006.
Hu Jintao
President of the People’s Republic of China
April 27, 2005
(Adopted at the 15th Meeting of the Standing Committee of the Tenth National People’s Congress on April 27, 2005)
Contents
Chapter I General Provisions
Chapter II Qualifications, Duties and Rights of Public Servants
Chapter III Posts and Ranks
Chapter IV Recruitment and Employment
Chapter V Assessment
Chapter VI Post Appointment and Removal
Chapter VII Post Promotion and Demotion
Chapter VIII Rewards
Chapter IX Penalties
Chapter X Training
Chapter XI Exchange and Avoidance
Chapter XII Salary, Welfare and Insurance
Chapter XIII Resignation and Dismissal
Chapter XIV Retirement
Chapter XV Appeal and Accusation
Chapter XVI Position Appointment
Chapter XVII Legal Responsibility
Chapter XVIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution and for the purpose of regularizing the administration of public
servants, safeguarding their lawful rights and interests, improving supervision over them, building up a contingent of public servants
with high quality, promoting a diligent and clean government and enhancing its efficiency.
Article 2 For the purposes of this Law, public servants are workers who perform official duties according to law, are members of
the administrative establishment of the State, and whose salaries and welfare benefits are paid by the government.
Article 3 This Law is applicable to the duties and rights as well as the administration of public servants.
Where there are other provisions contained in the laws governing the election, appointment and removal of, and the supervision over,
the leading persons among public servants, and the duties and rights and the administration of judges, procurators, etc., those provisions
shall be applicable.
Article 4 In application of the public servant system, Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the important
thought of “Three Represents” shall be upheld as the guidance, the basic line for the primary stage of socialism shall be implemented,
the cadre line and policy of the Communist Party of China shall be carried out, and the principle that cadres are under the administration
of the Party shall be adhered to.
Article 5 Public servants shall be administered in adherence to the principles of openness, equality, competition and selection
on the basis of merits, and in compliance with the statutory limits of authority, requirements, standards and procedures.
Article 6 Public servants shall be administered in adherence to the principle of laying equal stress on supervision and restriction
on the one hand and on encouragement and safeguard on the other.
Article 7 Public servants shall be appointed in adherence to the principles of appointing people on their merits and people with
both political integrity and professional competence, with stress placed on practical achievements in work.
Article 8 The State administers public servants by grouping them in different categories in order to improve administrative efficiency
and raise the level of scientific management.
Article 9 When performing their official duties according to law, public servants shall be protected by law.
Article 10 The department in charge of public servants at the central level shall be responsible for the comprehensive administration
of public servants nationwide. The local departments in charge of public servants at or above the county level shall be responsible
for the comprehensive administration of public servants within the areas under their respective jurisdictions. The department in
charge of public servants at a higher level shall direct the administration of public servants conducted by such department at a
lower level. The departments in charge of public servants at various levels shall direct the administration of public servants conducted
by the various organs at the same level.
Chapter II Qualifications, Duties and Rights of Public Servants
Article 11 A public servant shall meet the following qualifications:
(1) holding the nationality of the People’s Republic of China;
(2) having reached the age of 18;
(3) upholding the Constitution of the People’s Republic of China;
(4) being a person of good morality;
(5) being physically qualified for normal performance of duties;
(6) having the education and ability commensurate with the requirements of the post; and
(7) having other qualifications specified by law.
Article 12 Public servants shall perform the following duties:
(1) exemplarily observing with the Constitution and laws;
(2) conscientious by performing their duties in compliance with the specified limits of authority and procedures and endeavoring
to increase their work efficiency;
(3) wholeheartedly serving the people and accepting supervision by the people;
(4) safeguarding the security, honor and interests of the State;
(5) being faithful in the discharge of their duties, diligently fulfilling their responsibilities, and abiding by and implementing
the decisions made and the instructions given by higher authorities in accordance with law;
(6) guarding State secrets and job secrets ;
(7) abiding by discipline, faithfully adhering to professional ethics and exemplarily observing public morality;
(8) being clean and upright, and impartial and honest in their ways; and
(9) performing other duties provided for by law.
Article 13 Public servants shall have the following rights:
(1) being provided with the working conditions necessary for the performance of their duties;
(2) being free from being removed from office, demoted and discharged, and free from disciplinary action, unless on statutory grounds
and through statutory procedures;
(3) getting salaries, remunerations, and enjoying welfare benefits and insurance;
(4) having access to training;
(5) putting forward criticisms and proposals regarding the work of their organs and the leading persons;
(6) lodging appeals and accusations;
(7) applying for resignation; and
(8) enjoying other rights provided for by law.
Chapter III Posts and Ranks
Article 14 The State practices the system of categorized posts among public servants.
The posts held by public servants shall, according to the nature and characteristics of the post and administrative needs, be categorized
as comprehensive administration, professional skills and administrative law enforcement. Where separate administration is required
for a post due to its specific characteristics, the State Council may, in accordance with this Law, set up an additional category
for such post. The scope covered by the different categories of posts shall be prescribed by the State separately.
Article 15 The State establishes an order of posts held by public servants on the basis of the categories of such posts.
Article 16 The posts of public servants are divided into leading and non-leading posts.
The levels of the leading posts include: chief and deputy at the central level, chief and deputy at the provincial and ministerial
level, chief and deputy at the department and bureau level, chief and deputy at the county and division level, chief and deputy at
the township and section level.
The levels of non-leading posts are set up at or below the department and bureau level.
Article 17 The leading posts under the category of comprehensive administration shall be established in accordance with the Constitution,
relevant laws, levels of posts and institutions.
The non-leading posts under the category of comprehensive administration include: inspector, deputy inspector, analyst, associate
analyst, senior section member, junior section member, section member and office clerk.
The order of posts for the public servants under the categories other than the category of comprehensive administration shall be
prescribed separately by the State in accordance with this Law.
Article 18 The various government departments shall set up specific posts for the public servants thereof in accordance with the
established functions, institutional echelons, limits of the authorized size, number of posts and structural proportion, and define
the official duties and responsibilities as well as the qualifications for holding a post.
Article 19 The posts of public servants shall correspond with the relevant ranks. The corresponding relations between the posts
and ranks of public servants shall be defined by the State Council.
The posts and ranks of public servants provide the basis for determining their salaries and other benefits.
The rank of a public servant shall be determined on the basis of the post he holds, his political integrity and professional competence,
his achievements in work, and his educational qualifications and seniority. A public servant remaining at the same post may be promoted
in rank according to State regulation.
Article 20 The State shall establish ranks corresponding with relevant posts in light of the working characteristics of the people’s
police as well as public servants of the Customs and diplomatic missions abroad.
Chapter IV Recruitment and Employment
Article 21 Public servants for non-leading posts at or below the level of senior section member and at other levels of corresponding
posts shall be recruited and employed through open examination, strict review, competition on an equal footing and selection on the
merits.
When recruiting public servants in accordance with the provisions of the preceding paragraph, the authorities of the national autonomous
regions may, in accordance with law and relevant regulations, give appropriate considerations to the ethnic people who register for
examination.
Article 22 The department in charge of public servants at the central level shall be responsible for making arrangements for recruitment
and employment of public servants for the government departments at the central level and the departments and institutions directly
under them. The department in charge of public servants at the provincial level shall be responsible for making arrangements for
recruitment and employment of public servants of the various local government departments, and where necessary, the department in
charge of public servants at the provincial level may authorize the department in charge of public servants at the level of a city
divided into districts to make such arrangements.
Article 23 A person who registers for examination of public servants shall, in addition to the qualifications specified in Article
11 of this Law, meet the qualifications required for the post he intends to hold as specified by the department in charge of public
servants at or above the provincial level.
Article 24 The following persons shall not be recruited as public servants:
(1) persons on whom criminal punishment has been imposed due to committing a crime;
(2) persons who have been discharged from public employment; and
(3) other persons who are not to be recruited as public servants, as prescribed by law.
Article 25 Public servants shall be recruited and employed within the limits of the authorized size, and when there are vacancies
of corresponding posts to be filled up.
Article 26 Before recruiting and employing public servants, a public notice of entrance examination shall be issued. In a public
notice of entrance examination shall be clearly stated the posts, the number of public servants needed, the qualifications for examinees,
the application materials required to be submitted and other matters for attention.
Recruiting departments shall take measures to facilitate citizens’ registration for examination.
Article 27 Recruiting departments shall examine the applications for registration for examination in accordance with the qualifications
required of the examinees. The application materials submitted by examinees shall be true and accurate.
Article 28 The examination for recruitment and employment of public servants shall be conducted in the forms of written examination
and interviews. The contents of the examinations shall be specified in accordance with the basic ability required of public servants
and the different categories of posts.
Article 29 Recruiting departments shall, on the basis of the examination results, decide on the candidates for review and reexamine
their qualifications for registration for examination, conduct review and arrange for their physical check-up.
The items of and standards for physical check-up shall be based on the requirements of the posts. The specific measures in this regard
shall be formulated by the government department at the central level in charge of public servants, in conjunction with the health
administration department under the State Council.
Article 30 Recruiting departments shall, on the basis of the examination results, and the results of the review and physical check-up,
make a name list of the persons to be recruited, and make it known to the public.
At the expiration of the period for such publicity, the recruiting department at the central level shall submit the name list of
the persons to be recruited to the department in charge of public servants at the central level for the record; and the various local
recruiting departments shall submit the name lists of the persons to be recruited to the departments in charge of public servants
at the provincial level or at the level of a city divided into districts for examination and approval.
Article 31 Upon approval by the department in charge of public servants at or above the provincial level, simplified procedures
or other methods for test and appraisal may be adopted for recruiting public servants for special posts.
Article 32 The trial period for a newly recruited public servant shall be one year. If he is qualified at the expiration of the
trial period, he shall be employed; otherwise, his recruitment shall be cancelled.
Chapter V Assessment
Article 33 Assessment of public servants shall be conducted in compliance with the limits of authorized administration, and in
an all-round way, covering their political integrity, ability, diligence, achievements and incorruptibility, with special attention
paid to actual achievements in work.
Article 34 The assessment of public servants shall be divided into routine and regular assessments. Regular assessments shall made
on the basis of routine assessment.
Article 35 Regular assessment of the public servants who are non-leading members shall be made annually. The public servants themselves
shall firstly give their summaries in light of the duties and responsibilities of their posts and relevant requirements. After listening
to the opinions from the masses, the leading person in charge shall make a proposal concerning the grades of the assessment, and
then the leading person of the department or an authorized appraisal committee shall decide on the grades of the assessment.
The regular assessment of the leading persons shall be conducted by the department in charge in accordance with relevant regulations.
Article 36 The results of regular assessment are divided into four grades, namely, excellent, competent, basically competent, and
not competent.
Public servants themselves shall be informed of the results of the regular assessment in writing.
Article 37 The results of regular assessment shall serve as the basis for adjustment of the posts, ranks and salaries of public
servants as well as for rewards, training and dismissal of public servants.
Chapter VI Post Appointment and Removal
Article 38 The election system and appointment system shall be applied among public servants in respect of their posts.
The tenure system shall, in accordance with the State regulations, be applicable in respect of the posts of leading persons.
Article 39 A public servant to whom the election system is applicable shall take the post he is elected to when the result of election
comes into effect; and he shall not renew the term of office at the expiration of his term of office, or if he resigns, or is removed
or dismissed from office during his term of office, the post shall be terminated accordingly.
Article 40 Where a public servant under the appointment system passes the examination conducted at the expiration of his trial
period, or there is a change in connection to his post, or he ceases to hold the public service post, or other circumstances necessitate
his appointment or removal, he shall accordingly be appointed or removed within the limits of authorized administration and through
the statutory procedures.
Article 41 Public service posts shall be appointed within the authorized size and number of the posts, and when there are the necessary
vacancies to be filled up.
Article 42 For a public servant to hold a concurrent post outside his own department due to the need of work, the matter shall
be subject to approval by the department concerned, and he shall not receive any remuneration for such post.
Chapter VII Post Promotion and Demotion
Article 43 A public servant to be promoted to a higher office shall meet the requirements and qualifications in terms of ideological
and political quality, work capability, educational level and work experience.
Promotion of public servants to higher posts shall be done level by level. For a public servant who is especially excellent or there
is a special need for work, he may be promoted by breaking conventions or by skipping one level in accordance with relevant regulations.
Article 44 Where a public servant is promoted to a leading post, the following procedures shall be used:
(1) on the basis of democratic recommendation, deciding on the candidate for review;
(2) arranging for review, studying and setting forth proposals for the post to be assigned to, and deliberating on them within a
certain scope, where necessary;
(3) discussing and deciding on the candidate within the limits of authorized administration; and
(4) completing the formalities for appointment in accordance with relevant regulations.
For promoting a public servant to a non-leading post, the procedures specified in the preceding paragraph shall be followed mutatis
mutandis.
Article 45 When there is a vacancy for a leading post at or below the level of the chief of the department or bureau in the body
set up within a department, the candidate for the vacancy may be selected through competition among people working within the department
or system.
When there is a vacancy for a leading post at or below the level of the chief of the department or bureau or for a non-leading post
at or above the level of associate analyst and other corresponding levels, a candidate for such a vacancy may be selected openly
from among people in the community.
Candidates for beginners of judges and procurators may be decided on through open selection from among people in the community, that
is, from among the persons who have passed the unified judicial examinations conducted by the State and are qualified for such posts.
Article 46 When a public servant is to be promoted to a leading post, the publicity system prior to his assumption of the post
and the trial system shall be carried out in accordance with relevant regulations.
Article 47 If a public servant is determined to be incompetent through regular assessment, he shall be demoted to a post at the
next lower level in compliance with the prescribed procedures.
Chapter VIII Reward
Article 48 A public servant or a collective of public servants that has fulfilled the official duties outstandingly, or has made
remarkable achievements and contributions, or has performed other outstanding meritorious deeds shall be rewarded. The principle
of combining moral encouragement with material reward, taking former as the main form, shall be applied.
The reward to a collective of public servants shall be applicable to an organization set up in accordance with the order of establishment
or to a working team formed for the fulfillment of a special task.
Article 49 A public servant or a collective of public servants that meets one of the following conditions shall be rewarded:
(1) being loyal to official duties, enthusiastic in work and having made remarkable achievements;
(2) observing rules of discipline, performing official duties with honesty, being honest and upright, being fair in handling matters,
and playing an outstandingly exemplary role;
(3) bringing about remarkable economic or social benefits through invention and innovation in work or by putting forward rationalization
proposals;
(4) having made outstanding contributions to the enhancement of unity of the nationalities and to the maintenance of social stability;
(5) having attained outstanding successes in protecting public property and economizing on the use of resources and property of the
country;
(6) having performed meritorious services in preventing or obviating accidents, thus protecting the interests of the State and the
people from losses or reducing such losses;
(7) having made contributions by disregarding personal safety under special circumstances such as emergency rescue and disaster relief;
(8) having performed meritorious deeds in fighting against violations of laws and rules of disciplines;
(9) having won honor and interests for the country in foreign exchanges; or
(10) having had other outstanding achievements.
Article 50 Rewards include: a Citation; a Citation for Merit, Third Class; a Citation for Merit, Second Class; a Citation for Merit,
First Class; and conferring of an honorary post_title.
A public servant or a collective of public servants rewarded shall be commended and be given monetary awards in one lump sum or other
material benefits.
Article 51 Rewarding of a public servant or a collective of public servants shall be subjected to decision or approved in compliance
with the specified limits of authority and procedures.
Article 52 Under one of the following conditions, the reward given to a public servant or a collective of public servants shall
be revoked:
(1) obtaining the reward through fraud and deception;
(2) concealing grave mistakes when applying for the reward or seriously going against the prescribed procedures; or
(3) other conditions under which the reward should be revoked in accordance with the provisions of laws and regulations.
Chapter IX] Penalties
Article 53 Public servants shall observe discipline and are not allowed to commit any of the following acts:
(1) spreading views impairing the reputation of the country, or organizing or participating in activities aimed at opposing the country,
such as assemblies, marches and demonstrations;
(2) organizing or joining illegal organizations, organizing or participating in strikes;
(3) neglecting duties and adversely affecting the work;
(4) refusing to implement the decisions and orders made by the higher authorities according to law;
(5) suppressing criticism and resorting to retaliation;
(6) misleading and cheating the leadership and the public by means of fraud and deception;
(7) committing corruption, offering or accepting bribes, and seeking personal gains or benefits for another person by taking advantage
of official position;
(8) violating financial and economic discipline and wasting the resources and property of the country;
(9) abusing powers and infringing upon the lawful rights and interests of citizens, legal persons or other organizations;
(10) disclosing State secrets or job secrets;
(11) impairing the honor and interests of the country in foreign exchanges;
(12) participating in or supporting activities such as pornography, drug-taking, gambling and superstition;
(13) violating professional ethics and social morals;
(14) engaging or participating in profit-making activities, and concurrently holding a post in an enterprise or other profit-making
organizations;
(15) being absent from work without leave or failing to return to work without justifiable reasons after finishing work-related mission
or at the expiration of leave; and
(16) committing other acts in violation of rules of discipline.
Article 54 If a public servant, when performing official duties, deems that a decision or an order made by higher authorities is
erroneous, he may put forward a proposal to the higher authorities for correcting or revoking the decision or order. If the higher
authorities refuse to change the decision or order, or demands immediate implementation, he shall implement the decision or order,
and the higher authorities shall be accountable for the outcome of the implementation, while the public servant shall bear no responsibility
for it. However, if he implements a decision or an order which is obviously against the law, he shall bear due responsibility according
to law.
Article 55 If a public servant should bear disciplinary liability due to his violation of law or rules of discipline, a disciplinary
action shall be taken against him in accordance with this Law; and if the circumstances in which the rules of discipline are violated
are minor and he has mended his ways after criticism and education, he may be exempted from such action.
Article 56 Disciplinary actions include: warning, recording of a demerit, recording of a serious demerit, demotion, removal from
office and discharge from public employment.
Article 57 A disciplinary action taken against a public servant shall be based on clear facts, verified evidence, accurate determination
of the nature of the case, proper handling, lawful procedures and complete formalities.
If a public servant violates discipline, the department imposing disciplinary actions shall make the decision to initiate an investigation
into the circumstances of the violation, and inform the public servant himself of the facts ascertained through investigation and
the basis on which a disciplinary action is to be taken against him. The public servant shall have the right to make a statement
and explain himself.
If a department imposing disciplinary actions deems that a disciplinary action should be taken against a public servant, it shall
make a decision to such an effect within the prescribed time limit and in compliance with the limits of authorized administration
and the prescribed procedures. The public servant himself shall be informed of such decision in writing.
Article 58 During the period of being subjected to disciplinary action, a public servant shall not be promoted to a higher post
or rank; and if, he is subjected to the recording of a demerit or a serious demerit, or is demoted to a lower rank, or removed from
office, he shall not be promoted to a higher grade of the salary scale.
The periods of disciplinary actions are: 6 months for the warning; 12 months for the recording of a demerit; 18 months for the recording
of a serious demerit; and 24 months for the demotion to a lower rank or removal from office.
A public servant who is removed from office shall be demoted in rank in accordance with relevant regulations.
Article 59 If a public servant who is subjected to a disciplinary action other than the discharge from public employment has shown
repentance during the period of disciplinary action, and has ceased violation of discipline, the department deciding on such action
shall, at the expiration of the period of the disciplinary action, lift the action and inform the public servant himself of the lift
in writing.
After a disciplinary action is lifted, promotion to a higher grade of the salary scale, a higher rank or post shall no longer be
affected by the former disciplinary action. However, the lift of a disciplinary action for demotion to a lower rank or removal from
office shall not thus be deemed as the reinstatement in the former rank or post.
Chapter X Training
Article 60 A department shall conduct training among public servants on the basis of classified grades and categories and in light
of the requirements of official duties of public servants and the need for enhancing the quality of public servants.
The State sets up institutions specializing in training for public servants. A department may, in light of need, entrust other training
institutions with the training of public servants as well.
Article 61 A department shall conduct training for the newly recruited persons who have just taken their posts during the trial
period; training for the public servants who have been promoted to leading posts shall be arranged before they take the posts or
within one year after they have taken the leading posts; special professional training shall be arranged for the public servants
engaged in special work; and in-service training for all public servants shall be arranged in order to update their knowledge and
increase their work capability. And among the public servants who hold professional and technical posts, professional and technical
training for them shall be arranged in accordance with the requirements for continued education among professional and technical
persons.
The State shall, in a planned manner, improve training among reserve leading persons.
Article 62 Training of public servants shall
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