-
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 National People's Congress of the
People's Republic of
China on April 27,
2005, is hereby promulgated and shall come into
force as of January 1, 2006.
President of the People's Republic of
China
April 27, 2005
Civil Servant Law of the People's
Republic of China
(Adopted at the 15th
Session of the Standing Committee of the Tenth
National People's Congress
on April 27,
2005)
Table of Contents
Chapter I General Provisions
Chapter II The Qualifications,
Obligations and Rights of A Civil Servant
Chapter III Posts and Ranks
Chapter IV Recruitment
Chapter V Assessment
Chapter
VI Appointment and Dismissal
Chapter
VII Promotion and Demotion
Chapter VIII
Rewards
Chapter IX Punishments
Chapter X Trainings
Chapter
XI Exchange and Avoidance
Chapter XII
Wage, Welfare and Insurance
Chapter
XIII Resignation and Dismissal
Chapter
XIV Retirement
Chapter XV
Appeal and Accusation
Chapter XVI
Employment
Chapter XVII Legal
Liabilities
Chapter XVIII Supplementary
Provisions
Chapter I
General Provisions
Article
1
The
present
Law
is
formulated
according
to
the
Constitution
for
the
purpose
of
regulating the administration of civil
servants, ensuring the legitimate rights and
interests of civil
servants,
strengthening the supervision of civil servants,
form a high-quality troop of civil servants
so as to promote a diligent and honest
government and enhance the working efficiency.
Article 2 The term
perform
public
duties
according
to
law
and
have
been
included
into
the
state
administrative
staffing and whose wages and welfare
are borne by the state public finance.
Article
3
The
obligations,
rights
and
administration
of
civil
servants
shall
be
governed
by
the
present
Law.
Where
there
are
different
provisions
on
the
appointment,
dismissal
and
supervision
of
leading
members
of
civil
servants
and
on
the
obligations,
rights
and
administration
of
judges
and
prosecuting attorneys, such provisions
shall be observed.
Article
4 The guidance of Marxism, Leninism, Mao Zedong
Thought and Deng Xiaoping Theory
and
the important thought of
basic route of
the preliminary stage of socialism and the cadre
routes as well as the guidelines of
the
Chinese Communist Party (CPC) shall be carried out
in the civil servant system. The principle
that the CPC assumes the administration
of cadres shall be insisted.
Article 5 The principle of openness,
equality, competition and selecting the superior
ones shall be
held in the
administration of civil servants, which shall be
carry out according to the legal power
limits, qualifications, standards and
procedures.
Article 6 The
principle of paying equal attention to supervisory
restriction and incentive guaranty
shall be held in the administration of
civil servants.
Article 7
The principle of making appointment on merit and
having both political
integrity and
professional competence shall be held
in the appointment of civil servants where
importance shall
be attached to
practical achievements of work.
Article
8
The
state
adopts
a
classified
administration
on
civil
servants
so
as
to
enhance
the
administrative efficiency and level of
scientific administration.
Article 9 Any act of a civil servant to
perform his duty according to law shall be
protected by law.
Article
10
The
central
administrative
department
of
civil
servants
shall
take
charge
of
the
comprehensive
administration
of
civil
servants.
The
local
administrative
departments
of
civil
servants
above
the
county
level
shall
take
charge
of
the
comprehensive
administration
of
civil
servants
within the jurisdictional divisions thereof. The
administrative department of civil servants
at a higher level shall guide the
administration of civil servants as carried out by
its counterpart at
a
lower
level.
The
administrative
department
of
civil
servants
at
all
levels
shall
guide
the
administration of civil servants of all
organs at the same level.
Chapter II Qualifications, Obligations
and Rights of A Civil Servant
Article 11 A civil servant shall meet
the following requirements:
(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 ethics;
(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 requirement as
prescribed by law.
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
according
to
the
prescribed
power
limit
and
procedure and making efforts to enhance
his working efficiency;
(3) Serving the
people heart and soul and being subject to the
supervision of the people;
(4)
Safeguarding the security, honor and interests of
the state;
(5) Being loyal to his duty,
being diligent and pious, obeying and carrying
into effect the decisions
and orders
made by the superior organ;
(6) Keeping
the secrets of the state and the secrets relating
to his work;
(7) Complying with the
disciplines, scrupulously abiding by the
professional ethics, and playing
an
exemplary role in observing the social morals;
(8) Being honest and clean, just and
upright;
(9) Any other obligations as
prescribed by law.
Article
13 A civil servant may enjoy the following rights:
(1) Acquiring the necessary working
conditions so as 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 procedures;
(3) Obtaining the remunerations of
salaries and enjoying the treatment of welfare and
insurance;
(4) Participating in
trainings;
(5) Putting forward
criticisms or suggestions on the work or leaders
of the organ he works for;
(6) Lodging
an appeal or accusation;
(7) Applying
for resignation; and
(8) Any other
right as prescribed by law.
Chapter III Posts and Ranks
Article 14 The state adopts a
classified system for posts of civil servants.
The civil servant posts shall,
according to the nature, features and necessity of
administration of
civil
servant
posts,
be
classified
into
such
categories
as
comprehensive
administrators,
technological professionals and
administrative law enforcers. The State Council
may, according to
the present Law, add
any other category of posts for those with
positional peculiarities and in need
of
separate
administration.
The
scope
of
application
of
the
various
posts
shall
be
separately
provided for by
the state.
Article
15
The
state
establishes
a
sequence
of
civil
servant
posts
according
to
the
categories
thereof.
Article 16 The posts of
civil servants are divided into the category of
leading posts and that of
non-leading
posts.
The levels of leading posts are:
chiefs at the state level, deputies at the state
level, chiefs at the
provincial
and
ministerial
level,
deputies
at
the
provincial
and
ministerial
level,
chiefs
at
the
department and bureau
level, deputies at the department and bureau
level, chiefs at the county and
section
level,
deputies
at
the
county
and
section
level,
chiefs
at
the
township
and
sub-division
level and
deputies at the township and sub-division level.
The levels of non-leading posts shall
be established below the department and bureau
level.
Article 17 The
leading posts of the category of comprehensive
administrators shall be decided and
established
according
to
the
Constitution,
relevant
laws,
post
levels
and
organizational
specifications.
The
non-leading
posts
in
the
category
of
comprehensive
administration
shall
be
divided
as
inspectors, deputy inspectors,
researchers, deputy researchers, division
directors, deputy division
director,
division personnel and clerks.
The
sequence of civil servant posts other than the
category of comprehensive administration shall
be separately prescribed by the state
according to the present Law.
Article
18
All
organs
shall,
according
to
the
prescribed
functions,
specifications,
staffing
quota
and structural
proportion, set up specific posts for civil
servants within the organ and, at the same
time, decide the functions and duties
of each post and the qualifications for assuming
the post.
Article 19 The
posts of civil servants shall be matched with the
ranks thereof. The corresponding
relationship
between
the
posts
and
ranks
of
civil
servants
shall
be
provided
for
by
the
State
Council.
The
post
and
rank
of
a
civil
servant
are
the
basis
to
decide
the
salary
and
any
other
treatment
thereof.
The rank of a civil
servant shall be decided according to the post he
assumes, the moral status and
capability thereof, the practical
achievements of his work and his seniority. For
the civil servants
assuming a same
post, the ranks thereof may be promoted according
to the provisions of the state.
Article 20 The state establishes the
corresponding ranks for those posts as assumed by
such civil
servants as the people's
police and those working in the customs houses or
in the institutions of
foreign affairs
stationed abroad according to the particularities
of the work concerned.
Chapter IV Recruitment
Article 21 Measures of open
examination, strict inspection, equal competition
and enrollment on
the basis of
competitive selection shall be adopted in the
recruitment of civil servants for the posts
lower than the division director or in
any other non-leading posts at the corresponding
level.
Where
there
is
any
employment
of
civil
servants
in
an
autonomous
region
according
to
the
provisions
of the preceding paragraph, the applicants of
ethic minorities shall be given appropriate
preferential treatment according to
laws and other relevant provisions.
Article 22 The employment of civil
servants in the state organs of the Central
Government and the
institutions
directly
affiliated
thereto
shall
be
organized
by
the
Central
Government's
administrative department of civil
servants. The employment of civil servants in
local state organs
at all levels shall
be organized by the administrative departments of
civil servants at the provincial
level.
Where necessary, the administrative department of
civil servants at the provincial level may
authorize the administrative department
of civil servants in the districted cities to do
it.
Article 23 Anyone who
sits for the examination for civil servants shall,
besides the requirements
as prescribed
by Article 11 of the present Law, meet the
qualifications for the would-be posts as
prescribed by the administrative
departments of civil servants above the provincial
level.
Article 24 Anyone as
listed below shall not be employed as a civil
servant:
(1) Having been given a
criminal punishment;
(2) Having been
removed from public office; and
(3) Any
other circumstance as prescribed by law under
which one shouldn't be employed as a civil
servant.
Article
25
Where
anyone
is
to
be
recruited
as
a
civil
servant,
he
shall
be
within
the
prescribed
staffing quota in the event of a
corresponding post vacancy.
Article
26
A
notice
of
recruiting
civil
servants
through
examination
shall
be
publicized
for
the
recruitment of civil
servants. The post, quota, qualifications of the
said examination, application
materials
required
to
be
submitted
and
any
other
point
of
attention
for
examination
application
shall be indicated in the notice.
The recruitment organ shall take
measures to facilitate the examination
applications of citizens.
Article
27
The
recruitment
organ
shall
carry
out
examination
over
examination
applications
in
light of the
qualification requirements for the applicants. The
application materials as submitted by
the applicants shall be genuine and
accurate.
Article 28 The
recruitment examination of civil servants shall be
carried out in written form and
by
interviews.
The
examination
content
shall
be
decided
respectively
according
to
the
basic
capability of civil servants as
required to have and the different categories of
posts involved.
Article
29
The
recruitment
organ
shall
decide
the
candidates
to
be
inspected
according
to
the
results
of
examination
and
shall
carry
out
a
re-
examination
over
the
applicant's
application
qualification, make an inspection and
health checkup.
The
items
and
standard
of
health
checkup
shall
be
decided
by
post
requirements.
The
specific
measures
shall
be
provided
for
by
the
Central
Government's
administrative
department
of
civil
servants
in collaboration with the administrative
department of sanitation of the State Council.
Article 30 The recruitment
organ shall, according to examination results, the
inspection and health
checkup
results,
put
forward
a
name
list
of
candidates
to
be
recruited
and
publicize
it
to
the
general public.
Where
the
duration
of
public
announcement
expires,
the
recruitment
organ
at
the
Central
level
shall report the name
list to the Central Government's administrative
department of civil servants
for
archival
filing.
The
recruitment
organ
at
the
local
level
shall
report
the
name
list
to
the
administrative
department
of
civil
servants
at
the
provincial
level
or
in
the
districted
cities
for
examination and approval.
Article
31
In
the
recruitment
of
civil
servants
for
any
special
post,
the
procedure
thereof
may,
upon
the
approval
of
the
administrative
department
of
civil
servants
on
the
provincial
level
or
above,
be simplified and other measures for test and
appraisal may be adopted.
Article 32 The probation term of newly
recruited civil servants is 1 year. Anyone who is
qualified
upon the expiration of the
probation term may take the post. For anyone who
is disqualified, the
recruitment
thereof shall be canceled.
Chapter V Assessment
Article
33
In
the
assessment
of
a
civil
servant,
the
morality,
capability,
diligence,
achievement,
uprightness
thereof
shall
be
assessed
in
an
all-round
manner
according
to
the
power
limit
of
administration, where focus shall be
put on the practical achievements of his work.
Article 34 The assessment
of a civil servant is divided into the assessment
in usual days and the
assessment on a
periodical base. The periodical assessment shall
be based on the assessment in
usual
days.
Article 35 The
periodical assessment of a non-leader civil
servant should be conducted in the form
of annual examination, where the
individual concerned shall make a summary in light
of the post
and
duty
thereof
and
relevant
requirements
and
the
leader-
in-charge
shall,
after
soliciting
the
opinions of the masses, put forward a
suggestion of assessment grade and the person-in-
charge of
the organ concerned or the
authorized assessment committee shall decide the
assessment grade.
For those leading
members of the civil servants, the periodical
assessment shall be carried out by
the
administrative organ thereof according to the
relevant provisions.
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 the
basis
for
the
adjustment
of
the
post,
rank, wage, reward,
training and dismissal of a civil servant.
Chapter VI
Appointment and Dismissal
Article 38 The system of employment
through selection and the system of employment
through
appointment shall be adopted
for the posts of civil servants.
A
tenure system shall be adopted for the posts of
leading members according to the provisions of
the state.
Article
39 A
civil
servant
in
the
system
of
employment
through
selection
may
assume
the
post
upon
the
enforcement
of
the
selection
result
thereof.
No
one
may
continue
to
assume
his
post
when his tenure expires. The tenure of
the post shall be terminated where anyone resigns
his post
or is dismissed or removed
during his tenure.
Article
40 For a civil servant employed under the system
of employment through appointment, if
he is found to qualified upon the
expiration of his probation term, or if he changes
his post, or he
no longer assumes the
post as a civil servant or is under any other
circumstance where a dismissal
is
necessary, the appointment and dismissal thereof
shall be decided in light of the power limit of
administration and the prescribed
procedure.
Article 41 The
post-assumption of a civil servant shall be
carried out within the prescribed staffing
quota and the amount of posts in the
event of a corresponding post vacancy.
Article
42
A
civil
servant
who
has
a
part-time
job
beyond
his
organ
due
to
his
work
shall
be
subject to the approval
of the relevant organs and shall not collect any
reward from his part-time
job.
Chapter VII Promotion and
Demotion
Article 43 For the
promotion of a civil servant, he shall meet the
requirements in such respects as
the
ideological
and
political
qualifications,
working
capability,
educational
level
and
working
experience.
The promotion of
a civil servant shall be carried out grade by
grade. Those who are particularly
excellent or who is needed in work due
to special reasons may enjoy the exception of
waiving the
conventional constraint or
being promoted by two ranks according to the
provisions.
Article
44
The
promotion
of
a
civil
servant
to
a
leading
post
shall
be
subject
to
the
following
procedure:
(1) Deciding the
candidate to be inspected by democratic
recommendation;
(2) Organizing an
inspection, putting forward the suggestion on
appointment through deliberation
and
making preparation within a certain range where it
so requires;
(3) Discussing the
decision according to the power limit of
administration; and
(4) Going through
the formalities of positions according to the
provisions.
The
promotion
of
a
civil
servant
to
a
non-leading
post
shall
be
handled
according
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
instrumentality of an organ, the candidate may be
decided through competitive
post
bidding within the said organ or within the staff
members thereof.
Where
there
is
any
vacancy
of
a
leading
post
lower
than
the
chief
or
higher
than
the
deputy
researcher
at
the
department
and
bureau
level
or
any
other
vacancy
of
non-
leading
post
at
the
corresponding
level,
the
candidate
thereof
may
be
decided
through
an
open
selection
from
the
society.
The
candidate
of
a
judge
or
public
procurator
for
the
first
time
shall
be
decided
through
open
selection from those who have obtained
the relevant qualification from the judicial
examination as
uniformly organized by
the state.
Article
46
The
systems
of
public
announcement
before
assuming
the
post
and
probation
for
assuming the post shall be adopted in
the promotion of a civil servant to a leading post
according
to the relevant provisions.
Article 47
Where a civil servant is assessed as incompetent
in the periodical assessment, he shall
be demoted to a lower-level post
according to the prescribed procedures.
Chapter VIII Rewards
Article
48
Those
civil
servants
or
a
collective
of
civil
servants
who
have
made
outstanding
working
performances, noticeable achievements and
contributions or any other outstanding deeds
shall be given rewards, where the
principles of combining spiritual rewards and
material rewards
with the focus on
spiritual rewards shall be upheld.
The
rewards
for
the
collective
of
civil
servants
shall
apply
to
those
institutions
as
established
according
to
the
staffing
sequence
or
those
work
collectives
as
formed
to
accomplish
a
special
task.
Article
49
A
civil
servant
or
a
collective
of
civil
servants
shall,
in
any
of
the
following
circumstances, be rewarded:
(1) Doing his duty faithfully, working
actively and having noticeable achievements;
(2)
Observing
disciplines,
being
honest
in
performing
his
official
duties,
working
in
an
upright
way, playing an
outstanding exemplary role;
(3)
Having
any
invention
or
creativity
or
raising
any
reasonable
suggestion
in
work
or
having
achieved obvious
economic benefits or social 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 loss
or the loss thereof is reduced;
(7)
Defying
personal
danger
and
making
contributions
under
such
special
circumstances
as
rushing to deal with an emergency or
providing disaster relief;
(8) Making
achievements in fighting against any illegal or
rule-breaking act;
(9) Winning honors
and interests for the state in foreign affairs; or
(10) Having any other outstanding
achievements.
Article 50
The rewards are divided into commendation, Third-
grade Merit, Second-grade Merit,
First-
grade Merit and being conferred an honorary title.
A
civil
servant
who
is
rewarded
or
a
collective
of
civil
servants
which
is
commended
shall
be
given a one-off bonus or
any other treatment.
Article
51
The
rewards
as
conferred
to
a
civil
servant
or
a
collective
of
civil
servants
shall
be
decided
in
accordance
with
the
prescribed
power
limit
and
procedures
or
shall
be
subject
to
examination and approval.
Article 52 The reward of a
civil servant or a collective of civil servants
shall be canceled in any of
the
following circumstances:
(1) Practicing
fraud or cheating to obtain the reward;
(2) Concealing any serious mistake when
filing an application for the reward or severely
violating
the prescribed procedures; or
(3) Having any other circumstance as
prescribed by any law or regulation under which
the reward
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) Spreading
any expression that damages the state reputation,
organizing or participating in such
activities as any assembling,
procession and demonstration that aims to go
against the state;
(2) Organizing or
attending any illegal organization, or organizing
or attending any strike;
(3) Neglecting
his duty so that the work thereof is affected;
(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 by 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) Revealing any state
secret or work secret;
(11) Damaging
the state reputation or interests in foreign
affairs;
(12)
Participating
in
or
supporting
such
activities
as
eroticism,
drug
abuse,
gambling
and
superstition, etc.;
(13)
Violating 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 organization;
(15) Being
absent from work or in the event of a business
trip or a leave, failing to return upon
expiration of the leave of trip without
any justifiable reason; or
(16) Any
other act in violation of disciplines.
Article
54
Where
a
civil
servant,
in
the
performance
of
official
duties,
deems
that
there
is
something wrong in the
decision or order of his superior, he may make a
suggestion on correcting
or canceling
the said decision or order. Where the superior
refuses to change the decision or order,
or
requires
immediate
performance,
the
civil
servant
concerned
shall
carry
out
the
decision
or
order. The superior shall be held
responsible for the consequences of the
performance of duties
and the civil
servant shall not be subject to any liability.
However, where a civil servant carries out
any decision or order that is obviously
illegal, he shall be subject to the corresponding
liabilities
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