Civil Servant Law of the People's Republic of China
Civil Servant Law of the People's Republic of China
Civil Servant Law of the People's Republic of China
Order of the President of the People's Republic of China No. 35
April 27, 2005
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.
The President of the People's Republic of China, Hu Jintao
The 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 of the People's Republic of China on April 27, 2005.)
Contents
Chapter 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 the legitimate rights and interests of civil servants, strengthening the supervision over civil servants, constructing a high-quality troop of civil servants so as to promote a diligent and honest government and enhance its work efficiency.
Article 2 The term "civil servants" as mentioned in the present Law refers to those personnel who perform public service according to the law and have been included into the state administrative staffing with wages and welfare borne by the state finance.
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 the obligations, rights and administration of judges and inquisitors, such provisions shall prevail.
Article 4 The civil servant system shall take Marxism, Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the important thought of "Three Representatives" as its guide, carry out the basic route of the preliminary stage of socialism and the cadre routes and guidelines of the Chinese Communist Party (CPC), and adhere to the principle that the CPC assumes the administration of cadres.
Article 5 The administration of civil servants shall persist in the principles of openness, equality, competition and selecting the superior ones, and be carried out pursuant to the legal power limits, qualifications, standards and procedures.
Article 6 The administration of civil servants shall adhere to the principle of giving equal importance to supervisory restriction and incentive guarantee.
Article 7 The appointment of civil servants shall adhere to the principle of appointing them based on their abilities and having both political integrity and professional competence, and attach importance to practical performance of work.
Article 8 The state shall apply classified administration to civil servants to enhance the administrative efficiency and level of scientific administration.
Article 9 Any act of a civil servant in performing 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 local competent departments of civil servants at or above the county level shall be responsible for the comprehensive administration on civil servants within their respective jurisdictional divisions. The competent department of civil servants at a higher level shall guide the administration on civil servants as carried out by the competent department of civil servants at a lower level. Each of the competent departments of civil servants at different levels shall guide the administration on civil servants of organs at the corresponding level.
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. Having reached age 18;
3. Supporting the Constitution of the People's Republic of China (Revised in 2004);
4. Having good morals;
5. Being in a proper state of health to perform his functions and duties normally;
6. Having the educational level and working capacity as required by the post; and
7. Other qualifications as prescribed by laws.
Article 12 A civil servant shall perform the following obligations:
1. Be a role model in observing the Constitution and the law;
2. Perform his functions and duties in light of the prescribed power limit and procedure, and make efforts to advance his work efficiency;
3. Serve people wholeheartedly, and accept the supervision of the people;
4. Protect the security, honor and interests of the state;
5. Be loyal to his duty, be diligent and responsible, obey and execute the decisions and orders made by his superiors;
6. Keep the secrets of the state and the secrets relating to his work;
7. Be disciplined, abide by professional ethics, and be a role model in observing social morals;
8. Be honest and incorruptible, just and upright;
9. Other obligations as provided for by laws.
Article 13 A civil servant may enjoy the following rights:
1. Acquire the necessary working conditions to perform his functions and duties;
2. Be subject to no dismissal, demotion, expulsion or punishment without a legally prescribed cause or without following the legal procedures;
3. Obtain the remunerations of wages, and enjoy the treatments of welfare and insurance;
4. Participate in trainings;
5. Bring forward comments or suggestions on the work or leaders of the organ he works for; 6. Lodge an appeal or accusation;
7. Apply for demission; and
8. Other right as prescribed by laws.
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 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 scopes of application of the various posts shall be separately prescribed by the state.
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 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 set up at or below the department and bureau level.
Article 17 The leading posts of comprehensive administrators shall be decided and established according to the Constitution of the People's Republic of China (Revised in 2004), relevant laws, post levels and organizational specifications.
The non-leading posts in the category of comprehensive administration shall be inspectors, deputy inspectors, researchers, deputy researchers, division directors, deputy division director, division personnel and clerks.
The sequence of civil servant posts under categories other than the category of comprehensive administration shall be otherwise prescribed by the state according to the present Law.
Article 18 All organs shall, according to the functions, specifications, staffing quota, number of posts and structural proportion determined, set up specific posts for civil servants within their respective organs, and decide the functions and duties of each post and the qualifications for assuming the post.
Article 19 The posts of civil servants shall match the corresponding ranks. The corresponding relationship between the posts and ranks of civil servants shall be prescribed by the State Council.
The post and rank of a civil servant are the basis to determine the salary and any other treatment thereof.
The rank of a civil servant shall be determined by the post he assumes, his moral status and abilities, the practical performance of his work and his seniority. For civil servants assuming a same post, the promotion of ranks thereof may be made according to the provisions of the state.
Article 20 The state may establish the corresponding ranks, according to the particularities of the work concerned, 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.
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 level shall adopt measures of open examinations, strict inspection, equal competition and employment on the basis of competitive selection.
Where there is any employment of civil servants in an autonomous region according to the provisions of the foreside paragraph, the applicants of ethnic 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 under them shall be organized by the administrative department of civil servants of the Central Government.
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