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

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

Order of the President of the People's Republic of China No.20

December 29, 2018

The revised Civil Servant Law of the People's Republic of China, which was adopted at the Seventh Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on December 29, 2018, is hereby promulgated and shall come into force as of June 1, 2019.

Xi Jinping, President of the People's Republic of China

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, 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 12th National People's Congress on September 1, 2017 and revised at the Seventh Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on December 29, 2018)

Contents
Chapter I General Provisions
Chapter II Qualifications, Obligations and Rights of a Civil Servant
Chapter III Posts, Levels and Ranks
Chapter IV Employment
Chapter V Assessment
Chapter VI Appointment and Dismissal of Posts and Levels
Chapter VII Promotion and Demotion of Posts and Levels
Chapter VIII Rewards
Chapter IX Supervision and Discipline
Chapter X Training
Chapter XI Intercommunication and Avoidance
Chapter XII Wages, 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 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 of civil servants, promoting civil servants to correctly perform their functions and duties and constructing a high-quality and professional troop of civil servants with firm conviction, public service awareness, diligence, courage to assume their responsibilities and incorruptness.

Article 2 For the purpose of the Law, the term "civil servants" refers to those personnel who perform public service according to the law and have been included in the state administrative staffing with wages and welfare borne by the state finance.
Civil servants are an important part of the cadre team, the backbone of the socialist cause, and the public servants of the people.

Article 3 The obligations, rights and administration of civil servants shall be subject to the 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 supervisory officials, judges and inquisitors, such provisions shall prevail.

Article 4 The civil servant system shall uphold the leadership of the Communist Party of China (the "CPC"), take Marxism, Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of "Three Representatives", Scientific Outlook on Development and Xi Jinping's Thought on Socialism with Chinese Characteristics for a New Era as its guide, carry out the basic route of the preliminary stage of socialism and the organizational routes of the CPC for a new era, and adhere to the principle that the CPC assumes the administration of cadres.

Article 5 The administration of civil servants shall adhere to 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 be based on their moral integrity and their professional competence with priority given to the former and on their abilities regardless of their origins, put the cause first, be conducted in a fair and upright manner, lay stress on political integrity and attach importance to the 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 Civil servants shall publicly pledge allegiance to the Constitution in accordance with legal provisions when taking office.

Article 10 Any act of a civil servant in performing his functions and duties according to the law shall be protected by law.

Article 11 The expenditure on wages, welfare, insurance as well as the employment, rewards, training and dismissal, etc.
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