Civil Servant Law of the People's Republic of China (2018 Revision)

Civil Servant Law of the People's Republic of China (2018 Revision) Order of the President of the People's Republic of China (No. 20) The Civil Servant Law of the People's Republic of China, as revised and adopted at the 7th session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on December 29, 2018, is hereby issued, and shall come into force on June 1, 2019. President of the People's Republic of China: Xi Jinping December 29, 2018 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; amended in accordance with the Decision on Amending Eight Laws including the Judges Law of the People's Republic of China at the 29th Session of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on September 1, 2017; and revised at the 7th session of the Standing Committee of the Thirteenth National People's Congress on December 29, 2018) Contents Chapter I General Provisions Chapter II Qualifications, Obligations and Rights of a Civil Servant Chapter III Posts, Ranks and Levels Chapter IV Recruitment Chapter V Assessment Chapter VI Appointment and Removal Chapter VII Promotion and Demotion Chapter VIII Rewards Chapter IX Supervision and Punishment Chapter X Trainings Chapter XI Exchange and Disqualification Chapter XII Wage, Welfare and Insurance Chapter XIII Resignation and Dismissal Chapter XIV Retirement Chapter XV Appeal and Accusation Chapter XVI Employment by Contract Chapter XVII Legal Liabilities Chapter XVIII Supplemental Provisions Chapter I General Provisions Article 1 For purposes of regulating the management of civil servants, protecting the lawful rights and interests of civil servants, strengthening the supervision of civil servants, promoting civil servants' correct performance of duties, and building a high-quality team of civil servants having firm convictions, committed to serving the people, hardworking and pragmatic, daring to assume tasks, and clean and honest, this Law is developed according to the Constitution . Article 2 For the purpose of this Law, “civil servants” means functionaries that perform public duties according to the law, that occupy the administrative staffing number of the state, and whose wages and welfare are assumed by the public finance of the state. As an integral part of the cadre team, civil servants are the central pillar of strength for the socialist cause and public servants of the people. Article 3 The duties, rights and administration of civil servants shall be governed by this Law. Where there are other provisions on the determination, appointment, removal and supervision of leading members of civil servants and on the duties, rights and administration of supervisors, judges and procurators, such provisions shall apply. Article 4 The civil servant system shall adhere to the leadership of the Chinese Communist Party, insist on the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thoughts of “Three Represents,” Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era, implement the basic line at the primary stage of socialism, implement the organizational line of the Communist Party of China in a new era, and follow the principle of the management of cadres by the Party. Article 5 Civil servants shall be managed under the principles of openness, equality, competition, and merit-based selection, and according to the legal power limits, conditions, standards and procedures. Article 6 Civil servants shall be managed under the principle of insisting on supervisory restriction and attaching equal importance to incentives and guarantee. Article 7 Civil servants shall be appointed on the basis of both integrity and ability, with priority given to integrity, on the basis of merit regardless of origin, on the basis of dedication and impartiality, by highlighting political standards, and attaching importance to practical work achievements. Article 8 The state shall conduct classified administration of civil servants, to enhance the administrative efficiency and the scientific level. Article 9 Civil servants shall take a public oath to the Constitution according to the law when taking office. Article 10 Acts of civil servants for performing duties according to the law shall be protected by law. Article 11 The expenditures for wages, welfare, insurance, employment, rewards, trainings, and dismissal, among others, of civil servants shall be included in the fiscal budget for guarantee. Article 12 The competent department of civil servants under the Central Government shall be responsible for the comprehensive administration of civil servants across the country. The local competent departments of civil servants at or above the county level shall be responsible for the comprehensive administration of civil servants within their jurisdictions. The competent departments of civil servants at higher levels shall direct the administration of civil servants by the competent departments of civil servants at lower levels. The competent department of civil servants at all levels shall direct the administration of civil servants by all organs at the same levels. Chapter II Qualifications, Obligations and Rights of a Civil Servant Article 13 A civil servant shall meet the following conditions: (1) He or she has the nationality of the People's Republic of China. (2) He or she has reached the age of 18. (3) He or she upholds the Constitution of the People's Republic of China , the leadership of the Communist Party of China and the socialist system. (4) He or she has sound political competence and ethical conduct. (5) He or she is in a proper health state and has psychological quality to perform his or her functions. (6) He or she has the educational level and working capacity required for the post. (7) Other conditions prescribed by law. Article 14 A civil servant shall perform the following obligations: (1) He or she is loyal to the Constitution , sets a good example in complying with and consciously upholding the Constitution and the law, and consciously accepts the leadership of the Communist Party of China. (2) He or she is loyal to the state, and protects the security, reputation and interests of the state. (3) He or she is loyal to the people, wholeheartedly serving the people, and accept the supervision of the people. (4) He or she is loyal to his or her duties, is diligent and pious, obeys and implements the decisions made by his or her superior according to the law, performs duties according to the powers and procedures prescribed, and strives to improve the work quality and efficiency. (5) He or she keeps the secrets of the state and the secrets relating to his or her work. (6) He or she takes the lead in practicing core socialist values, follows rule of law, complies with the disciplines, observes the professional ethics, and sets a good example in complying with the social morality and family virtues. (7) He or she is honest and clean, just and upright. (8) Other obligations prescribed by law. Article 15 A civil servant shall enjoy the following rights: (1) To obtain the necessary working conditions required for performing duties. (2) Not to be removed from office, demoted, dismissed or punished without statutory reasons or without due legal process. (3) To obtain remunerations of salaries and enjoy treatment of welfare and insurance. (4) To participate in trainings. (5) To put forward criticisms or suggestions on the work and leaders of the organ. (6) To file an appeal or accusation. (7) To apply for resignation. (8) Other rights prescribed by law. Chapter III Posts, Ranks and Levels Article 16 The state shall implement a classification system for posts of civil servants. Posts of civil servants shall be classified into comprehensive administrators, professional technicians, and administrative law enforcers, according to the nature, features and administration necessity of the posts of civil servants. According to this Law, other post categories may be added, where there are position particularities and separate administration is required. The application scope of various post categories shall be separately prescribed by the state. Article 17 The state shall implement a parallel system of civil servant positions and ranks, and set sequence for the posts and ranks of civil servant leaders according to the post categories and duties of civil servants. Article 18 The posts of civil servant leaders shall be set according to the Constitution , relevant laws, and organizational specifications. The levels of leading posts are classified into: chief positions at the state level, deputy positions at the state level, chief positions at the provincial and ministerial level, deputy positions at the provincial and ministerial level, chief positions at the department and bureau level, deputy positions at the department and bureau level, chief positions at the county and director level, deputy positions at the county and director level, chief positions at the township and section level and deputy positions at the township and section level. Article 19 Ranks of civil servants shall be established below the department and bureau level. The sequence of civil servant ranks of the category of comprehensive administrators is divided into: first-level inspectors, second-level inspectors, first-level researchers, second-level researchers, third-level researchers, fourth-level researchers, first-level principal staff member, second-level principal staff member, third-level principal staff member, fourth-level principal staff member, first-level section member, and second-level section member. The sequence of civil servant ranks of positions other than the category of comprehensive administrators shall be separately prescribed by the state according to this Law. Article 20 All organs shall, according to the determined functions, specifications, quota of staffing number, number of positions, and structural proportion, set up their specific posts of civil servants, and determine the responsibilities and office qualifications of all posts. Article 21 The leading posts and ranks of civil servants shall match the corresponding levels. The corresponding relation between the leading posts, ranks and levels of civil servants shall be prescribed by the state. According to the work needs and the corresponding relation between leading posts and ranks, the leading posts and ranks of civil servants may be interchageable and concurrently held; and those who meet the prescribed qualifications may be promoted to leading posts or ranks. The levels of a civil servant shall be determined according to his or her leading post, rank, morality and abilities, practical work achievements, and seniority. A civil servant assuming the same leading post and of a same rank may be promoted according to the provisions of the state. The leading post, rank and level of a civil servant shall be the bases for determining his or her wage and other treatment. Article 22 The state shall, according to the work features of people's policemen, fire fighting and rescuing personnel, customs staff members, staff members of diplomatic organs stationed abroad, and other civil servants, set levels corresponding to their leading posts and ranks. Chapter IV Recruitment Article 23 The measures of public examination, strict inspection, equal competition and merit-based enrollment shall be taken for the recruitment of civil servants at or below first-level principal staff member and other corresponding ranks and levels. In the recruitment of civil servants in autonomous regions according to the provisions of the preceding paragraph, appropriate preferential treatment shall be given to applicants of ethic minorities according to the law and relevant provisions. Article 24 The recruitment of civil servants for the organs of the Central Government and the institutions directly under it shall be organized by the competent department of civil servants under the Central Government. The recruitment of civil servants for local organs at all levels shall be organized by the competent departments of civil servants at the provincial level. If necessary, the competent departments of civil servants at the provincial level may authorize the competent departments of civil servants in districted city level to organize the recruitment. Article 25 An applicant for the examination for civil servants shall, besides the conditions prescribed in Article 13 of this Law, have the qualifications required by the competent department of civil servants at or above the provincial level for the post to be taken. The state shall implement unified rules on legal profession qualification examination for civil servants of administrative authorities that engage in examination of decisions of administrative penalty, administrative reconsideration, administrative ruling, and legal consulting. The judicial administrative department of the State Council shall organize the implementation upon consultation with relevant departments. Article 26 Any of the following persons shall not be recruited as a civil servant: (1) persons that have been given criminal penalties for committing crimes; (2) persons that are expelled from the Chinese Communist Party; (3) persons that are expelled from public offices; (4) persons that are listed as objects subject to joint punishment for dishonesty according to the law; and (5) persons falling under other circumstances prescribed by law under which one shall not be recruited as a civil servant. Article 27 A civil servant shall be recruited within the prescribed quota of staffing number in the event of a corresponding post vacancy. Article 28 An announcement on recruiting civil servants through examination shall be issued for the recruitment of civil servants. The posts, quota, qualifications required for registering for the examination, application materials required to be filed when registering for the examination, and other instructions for registering for the examination shall be specified in the announcement on recruiting civil servants through examination. The recruitment organ shall take measures to facilitate citizens' registration for examination. Article 29 The recruitment organ shall examine the applications for registering for the examination according to the qualifications required for registering for the examination. The application materials filed by applicants shall be authentic and accurate. Article 30 The examination for recruitment of civil servants shall be carried out in written form and by interviews. The examination content shall be decided respectively according to the basic capabilities required to be possessed by civil servants, different post categories, and organs at different levels. Article 31 The recruitment organ shall decide the candidates to be inspected according to the examination results, re-examine the application qualifications, and conduct inspection and physical examination. The items and standards of physical examination shall be determined according to the post requirements. The specific measures shall be prescribed by the competent department of civil servants under the Central Government, in conjunction with the health administrative department of the State Council. Article 32 The recruitment organ shall, according to the examination results, the inspection and the physical examination results, put forward a list of candidates to be recruited and publicize it to the general public. The publicity period shall not be less than 5 working days. Upon expiry of the publicity period, the recruitment organs at the central government level shall file the list of candidates to be recruited with the competent department of civil servants under the Central Government for recordation; and the local recruitment organs at all levels shall file the lists of candidates to be recruited with the competent departments of civil servants at the provincial or districted city level for approval. Article 33 To recruit civil servants of special posts, the procedures therefor may be simplified or other assessment measures may be taken, with the approval of the competent departments of civil servants at or above the provincial level. Article 34 The probation period of a newly recruited civil servant shall be 1 year. Anyone who is qualified upon expiry of the probation period may take office; and for anyone who is disqualified, the recruitment shall be canceled. Chapter V Assessment Article 35 In the assessment of a civil servant, his or her morality, capability, diligence, achievement, and uprightness shall be assessed comprehensively, and focus shall be put on the assessment of his or her political quality and practical work achievements. The assessment ind......