Order of the President of the People's Republic of China 

No. 20

The Law of the People's Republic of China on Civil Servants, amended and adopted at the 7th Meeting of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on December 29, 2018, is hereby promulgated and shall enter into force on June 1, 2019.

Xi Jinping 

President of the People's Republic of China 

December 29, 2018

Law of the People's Republic of China on Civil Servants

(Adopted at the 15th Meeting 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 that was adopted at the 29th Meeting of the Standing Committee of the Twelfth National People's Congress on September 1, 2017, and revised at the 7th Meeting of the Standing Committee of the Thirteenth National People's Congress on December 29, 2018)

Contents

Chapter 1   General Provisions 

Chapter 2   Qualifications, Obligations and Rights of Civil Servants 

Chapter 3   Posts, Grades and Levels 

Chapter 4   Recruitment  

Chapter 5   Evaluation 

Chapter 6   Appointment and Removal 

Chapter 7   Promotion and Demotion 

Chapter 8   Awards 

Chapter 9   Supervision and Punishment 

Chapter 10  Training 

Chapter 11  Transfer and Recusal 

Chapter 12  Salaries, Benefits and Insurance 

Chapter 13  Resignation and Dismissal 

Chapter 14  Retirement 

Chapter 15  Appeal and Accusation 

Chapter 16  Contract-based Employment 

Chapter 17  Legal Responsibility 

Chapter 18  Supplementary Provisions

Chapter 1 General Provisions

Article 1   This Law is enacted in accordance with the Constitution of the People's Republic of China to conduct law-based management of civil servants, safeguard their lawful rights and interests, strengthen supervision over them, ensure the fulfilling of their duties, and see that civil servants are competent and professional, firm in ideal and conviction, willing to serve the people, diligent in work, ready to take on responsibilities, and honest and upright. 

Article 2   The term" civil servant" used in this Law refers to an employee who performs official duties in accordance with law, whose job is a part of government organizational set-up and whose salary and benefits are paid by the State. 

The team of civil servants is an important part of the employees of the State and the backbone of the cause of socialism. They are public servants of the people. 

Article 3   This Law stipulates the obligations, rights and management of civil servants. 

Where there are other provisions in the laws governing the election, selection, appointment and removal of and the supervision over leading officials among civil servants, and the obligations, rights and management of supervisory officials, judges and procurators, such provisions shall prevail. 

Article 4   The civil servant system shall be under the leadership of the Communist Party of China and the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Theory of Three Represents, the Scientific Outlook on Development and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era. It shall be guided by the overarching guidelines for the primary stage of socialism and the organizational guidelines of the Communist Party of China for a new era, and it shall be run on the principle that the Communist Party of China is responsible for the management of officials. 

Article 5   Civil servants shall be managed in accordance with the principle of openness, equality, competition and selection on the basis of merits, and in accordance with statutory powers, requirements, standards and procedures. 

Article 6   Civil servants shall be managed in accordance with the principle of placing equal emphasis on supervision and constraint and on incentives and work related benefits. 

Article 7   Civil servants shall be appointed on the basis of both moral integrity and professional competence, with the former taking precedence. Their appointment should be merit-based and widely inclusive in nature. Those who are appointed should be dedicated to work, impartial and upright, meet high political standards and deliver good performance. 

Article 8   The State exercises category-based management of civil servants to ensure efficiency and performance. 

Article 9   When taking office, civil servants shall swear allegiance to the Constitution in accordance with law. 

Article 10   Civil servants shall be protected by law when performing official functions and duties in accordance with law. 

Article 11   The expenditures related to the salaries, benefits and insurance and the recruitment, award, training and dismissal of civil servants shall be guaranteed and included in the government budget. 

Article 12   The central-level department in charge of work related to civil servants shall be responsible for the comprehensive management of civil servants nationwide. Local-level departments in charge of work related to civil servants at the county level or above shall be responsible for comprehensive management of civil servants within areas under their respective jurisdictions. The departments in charge of work related to civil servants at a higher level shall give guidance to the management of civil servants conducted by such departments at a lower level. The departments in charge of work related to civil servants at various levels shall give guidance to the management of civil servants conducted by other state organs at the same level. 

Chapter 2 Qualifications, Obligations and Rights of Civil Servants

Article 13   A civil servant shall meet the following qualifications: 

(1) Having the nationality of the People's Republic of China; 

(2) Reaching the age of 18; 

(3) Supporting the Constitution of the People's Republic of China, leadership of the Communist Party of China and the socialist system; 

(4) Having political and moral integrity; 

(5) Being physically and psychologically qualified for normal performance of functions and duties; 

(6) Possessing education and working ability required for the post; and 

(7) Other qualifications prescribed by law. 

Article 14   Civil servants shall perform the following obligations: 

(1) Being loyal to the Constitution, exemplarily observing and willingly upholding the Constitution and laws, and consciously following the leadership of the Communist Party of China; 

(2) Being loyal to the State and safeguarding national security, honor and interests; 

(3) Being loyal to the people, serving the people wholeheartedly and accepting the supervision of the people; 

(4) Being dedicated to duties, fulfilling responsibilities diligently, accepting and implementing decisions and orders made by the higher authorities in accordance with law, performing functions and duties in accordance with prescribed powers and procedures, and striving to improve performance and efficiency; 

(5) Keeping State secrets and work-related secrets; 

(6) Taking the lead in practicing core socialist values, upholding the rule of law, observing disciplines, adhering to professional ethics, and exemplarily observing social ethics and family virtues; 

(7) Being upright, fair and honest; and 

(8) Other obligations prescribed by law. 

Article 15   Civil servants shall enjoy the following rights: 

(1) Being provided with working conditions necessary for performing their functions and duties; 

(2) Not being removed from office, demoted, dismissed or subjected to disciplinary sanction unless on statutory grounds and through statutory procedures; 

(3) Receiving remunerations and enjoying benefits and insurance; 

(4) Taking part in training; 

(5) Making criticisms and proposals regarding work of the office and to heads of office; 

(6) Making appeals and accusations; 

(7) Applying for resignation; and 

(8) Other rights prescribed by law.

Chapter 3 Posts, Grades and Levels

Article 16   The State practices a system of post categorization for civil servants. 

The posts held by civil servants shall, according to their natures and characteristics and the need of management, be categorized as general management, professional and technical expertise, enforcement of laws and government regulations, etc. Where a post necessitates separate management due to its specific characteristics, a new category for such post may be established in accordance with this Law. The scope of application for different categories of posts shall be prescribed by the State. 

Article 17   The State practices a system of both posts and grades for civil servants, in which a sequence for the leading posts and grades held by civil servants shall be set up on the basis of the categories and duties of such leading posts and grades. 

Article 18   The leading posts of civil servants shall be set up in accordance with the Constitution, relevant laws and the ranking of their offices in the government system. 

The levels of leading posts are as follows: chief and deputy at the national level, chief and deputy at the provincial and ministerial level, chief and deputy at the bureau level, chief and deputy at the county and division level, and chief and deputy at the township and section level. 

Article 19   The grades of civil servants shall be set up at the bureau level and below. 

The sequencing levels of the grades of civil servants under the category of general management shall be as follows: bureau level officials at level 1 and level 2; division level officials at level 1, level 2, level 3, and level 4; principal staff members at level 1, level 2, level 3, and level 4; staff members at level 1 and level 2. The sequencing levels of the grades of civil servants under categories other than that of general management shall be prescribed separately by the State in accordance with this Law. 

Article 20   Each state organ shall set up specific posts for its civil servants in accordance with its specified functions, ranking, size of its staff, number of posts and proportion of structure, and set the official duties and functions for such posts and the qualifications for holding them. 

Article 21   The leading posts and grades of civil servants shall have corresponding levels. The relationship between such leading posts and grades and their corresponding levels shall be prescribed by the State. 

Civil servants may be reassigned between the leading posts and corresponding grades or may concurrently hold both in accordance with the need of work and the corresponding relationship between leading posts and grades. Where they meet prescribed qualifications, civil servants may be promoted to leading posts or higher grades. 

The level of a civil servant shall be determined based on the leading post or grade he or she holds, his or her ethical standard and professional competence, actual achievements in work and seniority. A civil servant of the same leading post or grade may be promoted in level in accordance with relevant State regulations. 

The leading posts, grades and levels of civil servants are the basis for determining their salaries and other benefits. 

Article 22   The State shall, based on the nature of work, establish ranks for such civil servants as the people's police, firefighting and rescue staff, civil servants of the Customs and diplomatic missions stationed abroad, which shall correspond to their leading posts or grades.

Chapter 4 Recruitment

Article 23   Civil servants for the posts of principal staff member at level 1 or below and other grades at corresponding levels shall be recruited through open examination, strict review, competition on an equal footing, and merit-based selection. 

When recruiting civil servants in accordance with the preceding paragraph, state organs in places of ethnic autonomy may, in accordance with laws and relevant regulations, give proper preferential treatment to candidates of ethnic minorities. 

Article 24   The central-level department in charge of work related to civil servants shall be responsible for managing the process of recruiting civil servants for state organs at the central level and the agencies or institutions directly under them. The departments in charge of work related to civil servants at the provincial level shall be responsible for managing the process of recruiting civil servants for the local state organs at various levels; when necessary, they may authorize the departments in charge of work related to civil servants at the level of a city divided into districts to manage such recruitment process. 

Article 25   One who applies to take part in civil servants recruitment examination shall meet, in addition to the qualifications specified in Article 13 of this Law, other qualifications for the post he or she intends to hold as specified by the department in charge of work related to civil servants at the provincial level or above. 

The State applies a unified system of legal profession qualifications examination to civil servants in departments of government administration who for the first time engage in the work such as reviewing administrative penalty decisions, conducting administrative reconsideration, or making administrative rulings or serving as legal advisers. The said system shall be implemented by the judicial department of the State Council in consultation with relevant government departments. 

Article 26   One shall not be recruited as a civil servant if he or she is: 

(1) subjected to criminal penalty for committing a crime; 

(2) expelled from the Communist Party of China; 

(3) expelled from public office; 

(4) on the list of people subjected to joint sanctions in accordance with law for losing credit; or 

(5) under other circumstances specified by law that disqualify people from being recruited as civil servants. 

Article 27   Civil servants shall be recruited within the authorized staffing number and with vacancies available. 

Article 28   A public notice on the examination for recruiting civil servants shall be issued when recruiting civil servants. The notice shall clearly state the posts available, the number of civil servants needed, job qualifications, application materials to be submitted, and other related matters. 

The recruiting organs shall take necessary measures to facilitate citizens in applying for taking part in recruiting examination. 

Article 29   The recruiting organs shall review applications for taking part in recruitment examination in accordance with the required qualifications for applicants. The application materials submitted by the applicants shall be authentic and accurate. 

Article 30   The examination for recruiting civil servants shall be conducted through written examination, interview, etc. The contents of examination shall be determined in accordance with the basic ability required, the categories of posts available and the rankings of the state organs concerned. 

Article 31   The recruiting organs shall, on the basis of the examination results, decide on candidates for review, reexamine their qualifications, conduct review and organize physical check-ups for them. 

The items of and standards for physical checkup shall be determined based on post requirements. The related specific measures shall be formulated by the central-level department in charge of work related to civil servants in consultation with the administrative department for health of the State Council. 

Article 32   The recruiting organs shall, on the basis of the results of examination, review and physical check-up, propose and issue public notices of name lists of candidates to be recruited. The period of such public notices shall last not less than five working days. 

Upon the expiration of the public notice period, the recruiting state organs at the central level shall submit the name lists of candidates it intends to recruit to the central level department in charge of work related to civil servants for the record; local recruiting organs at various levels shall submit the name lists of candidates to be recruited to the departments in charge of work related to civil servants at the provincial level or at the level of a city divided into districts for review and approval. 

Article 33   Upon approval by the departments in charge of work related to civil servants at the provincial level or above, simplified procedures or other test and evaluation methods may be used in recruiting civil servants for special posts. 

Article 34   The probation period for a newly recruited civil servant shall be one year. Where the civil servant in question is proved qualified upon the expiration of the probation period, he or she shall be employed; where the civil servant in question is proved not qualified upon the expiration of the probation period, his or her recruitment shall be canceled.