Chapter 5 Evaluation

Article 35   Evaluation of the performance of civil servants shall be conducted in accordance with the terms of reference of management in an all-round way and cover aspects such as moral integrity, competence, diligence, achievements and probity, with special attention paid to political integrity and actual achievements in work. Indicators for evaluating of civil servants shall be determined in accordance with the categories of posts and the rankings of state organs. 

Article 36   The evaluation of the performance of civil servants shall consist of routine evaluation, special evaluation and regular evaluation. Regular evaluation of the performance of civil servants shall be made on the basis of routine evaluation and special evaluation. 

Article 37   Regular evaluation of the performance of civil servants who are not leading officials shall be in the form of annual evaluation. A civil servant shall first present a review of his or her performance based on the duties and functions of his or her post and the relevant requirements.The competent official in charge, after listening to the opinions of other staff members, shall make a proposal concerning the grade of the evaluation, based on which the chief of the state organ or an authorized evaluation committee shall decide on the grade of the evaluation. 

Evaluation of the performance of leading officials shall be conducted by the competent authorities in accordance with relevant regulations. 

Article 38   The results of regular evaluation of the performance of civil servants shall consist of four grades: "excellent", "competent", "basically competent", and "incompetent". 

Civil servants shall be informed in writing of the results of regular evaluation of their own performance. 

Article 39   The results of regular evaluation shall serve as the basis for adjusting the posts, duties, grades, levels and salaries of civil servants and for awarding, training and dismissing civil servants.

Chapter 6 Appointment and Removal

Article 40    The system of election, appointment and contract-based employment shall be applied for civil servants to hold leading posts. The system of appointment and contract-based employment shall be applied for civil servants to hold grades. 

The tenure system shall apply to civil servants who hold leading posts in accordance with relevant State regulations. 

Article 41   A civil servant to whom election is applicable shall take the post he or she is elected to when the result of election takes effect; the term of office shall end if the civil servant concerned does not renew the term of office upon expiration, or if he or she resigns, is removed or dismissed from the post during the term of office. 

Article 42   When a civil servant to whom the appointment is applied passes the evaluation upon the expiration of the probation period, thus causing a change in his or her post or grade, or falls under any other circumstances that necessitates his or her appointment to or removal from office in terms of post or grade, he or she shall be appointed or removed in accordance with the terms of reference of management and due procedures. 

Article 43   The appointment of civil servants shall be made within the limit of authorized staffing number and number of the posts and when there are vacancies for such posts. 

Article 44   Where due to the need of work, a civil servant concurrently holds a post outside the state organ he or she belongs to, the matter shall be subject to the approval of the authority concerned, and he or she shall not receive any remuneration for the post he or she concurrently holds.

Chapter 7 Promotion and Demotion

Article 45   A civil servant to be promoted to a leading post shall meet the requirements and qualifications in terms of political integrity, working ability, educational level and work experience. 

Promotion of civil servants to leading posts shall be made level by level. Where a civil servant is exceptionally excellent, or where there is a special need of work, an exception may be made or certain level may be skipped in his or her promotion in accordance with relevant regulations. 

Article 46   Where a civil servant is to be promoted to a leading post, the matter shall be handled in accordance with the following procedures: 

(1) proposal; 

(2) democratic recommendation; 

(3) determination of the candidate for evaluation and the conduct of such evaluation; 

(4) discussion of and decision on the candidate in accordance with the terms of reference of management; and 

(5) completion of formalities for the appointment. 

Article 47   Where a leading post below the bureau level becomes vacant but there is no suitable candidate within the state organ, the candidates may be publicly selected for the post in an appropriate manner. 

Article 48   Where a civil servant is to be promoted to a leading post, a public notice shall be issued prior to his or her assuming the post, and there shall be a probation period for him or her in accordance with relevant regulations. 

Article 49   Civil servants shall be promoted to higher grades one level at a time. The candidates to be promoted in grade shall be determined based on their moral integrity, professional competence, work performance and seniority, with reference to the results of democratic recommendation or survey conducted. After the public notice period ends, the candidates shall be examined and approved in accordance with the terms of reference of management. 

Article 50   Civil servants may be promoted and demoted in terms of their posts and grades. Where a civil servant is not suitable for the current post or grade or is incompetent at such a post or grade, his or her post or grade shall be adjusted accordingly. 

Where a civil servant is found to be incompetent in the annual performance evaluation, he or she shall be demoted to a post or grade at the next lower level in accordance with prescribed procedures.

Chapter 8 Awards

Article 51   Civil servants or a team of civil servants with outstanding performance, remarkable achievements and contributions in work, or other outstanding meritorious deeds shall be awarded. The principle of giving both regular award and timely award, and both moral encouragement and material award with the former as the main form, shall be applied. 

The award to a team of civil servants may be given to an office within the government organizational set-up or a working team formed to fulfill a special task. 

Article 52   A civil servant or a team of civil servants shall be awarded under one of the following circumstances: 

(1) Being devoted to official duties, working with drive, living up to responsibility, and achieving outstanding performance in work; 

(2) Abiding by disciplinary rules and laws, being honest, dedicated, upright, and impartial, and playing an outstanding exemplary role;     

(3) Having made inventions and innovations in work or put forward good proposals that produced remarkable economic or social benefits; 

(4) Having made outstanding contributions to enhancing ethnic unity and maintaining social stability; 

(5) Having made outstanding achievements in protecting public property and conserving resources and funds of the State; 

(6) Having outstanding performance in preventing or resolving accidents, thus protecting the interests of the State and the people from being undermined or reducing the losses; 

(7) Having made outstanding contributions under special circumstances such as emergency rescue and disaster relief; 

(8) Having performed meritorious deeds in combating violations of disciplinary rules or laws; 

(9) Having won honors and secured interests for the State in international exchanges; or 

(10) Having other outstanding achievements. 

Article 53   Awards shall consist of the following: citation, honor of third class merit, honor of second class merit, honor of first class merit, and the conferring of an honorary title. 

Civil servants or a team of civil servants who are awarded shall be commended; one who is awarded shall be given a lump sum monetary award or other benefits. 

Article 54   An award intended for a civil servant or a team of civil servants shall be decided or approved in accordance with prescribed terms of reference and due procedures. 

Article 55   Commemorative certificates or medals may be granted, in accordance with relevant State regulations, to civil servants who have participated in an important mission during a particular period or in a specified field. 

Article 56   An award given to a civil servant or a team of civil servants shall be revoked under one of the following circumstances: 

(1) Having obtained the award through fraud or deception; 

(2) Having concealed serious mistakes or severely violated relevant procedures when applying for the award; 

(3) Committing an act such as serious violation of disciplinary rules or laws that tarnishes the honorary title; or 

(4) Other circumstances under which the award should be revoked as required by relevant laws and regulations.

Chapter 9 Supervision and Punishment

Article 57   State organs shall supervise the performance of their civil servants in terms of political integrity, fulfillment of functions and duties, work conduct and compliance with disciplinary rules and laws. They shall raise staff awareness of the need to be diligent and corruption free in work, and establish a regular management and supervision system. 

Where problems are discovered in the process of supervision of civil servants, the following measures shall be taken for different cases: conversation with a warning, criticism, demand of making self-criticism, admonition, post adjustment or sanction.   

Where a civil servant is suspected of committing a job-related violation of law or crime, he or she shall be turned over to the supervisory organ to be dealt with in accordance with law. 

Article 58   A civil servant shall willingly accept supervision, seek instructions on work from and submit report on his or her work to the higher authority, and report personal matters in compliance with relevant regulations. 

Article 59   Civil servants shall abide by disciplinary rules and laws. They shall not commit any of the following acts: 

(1) Disseminating any statement detrimental to the authority of the Constitution, the reputation of the Communist Party of China and the State, or organizing or participating in activities such as assembly, procession and demonstration aimed at opposing the Constitution, the leadership of the Communist Party of China and the State; 

(2) Organizing or participating in an illegal organization, or organizing or participating in a strike; 

(3) Creating discord in or undermining ethnic relations, participating in ethnic separatist activities, or organizing or using religious activities to undermine national unity or social stability; 

(4) Failing to take on responsibility, committing nonperformance, neglecting duty, or causing delay in work; 

(5) Refusing to implement a decision or order made by the higher authority in accordance with law; 

(6) Suppressing or retaliating against those who have made criticism, raised complaint, made accusation or reported offenses; 

(7) Misleading or deceiving the leadership team or the public by means of fraud and deception; 

(8) Committing embezzlement or bribery, or seeking gains for oneself or others by taking advantage of one's post; 

(9) Violating financial disciplines, and wasting resources and funds of the State; 

(10) Abusing power, and infringing upon the lawful rights and interests of citizens, legal persons or other organizations; 

(11) Divulging State secrets or work-related secrets; 

(12) Impairing the honor or interests of the State in international exchanges; 

(13) Participating in or supporting such activities as pornography, drug abuse, gambling and superstition; 

(14) Violating professional ethics or social or family virtues; 

(15) Participating in spreading prohibited information online or prohibited online activities in violation of relevant regulations; 

(16) Engaging or participating in for-profit activities and concurrently holding a post in enterprises or other for-profit organizations in violation of relevant regulations; 

(17) Being absent from work without asking for leave, or failing to return to work without justifiable reasons after finishing work-related missions or upon the expiration of a leave; or 

(18) Committing other acts violating the disciplinary rules or laws. 

Article 60   Where a civil servant, when performing official duties, believes that a decision or an order made by a higher authority is erroneous, he or she may put forward a proposal on correction or revocation of such decision or order. If the higher authority refuses to change the decision or order, or demands its immediate implementation, the civil servant concerned shall implement the decision or order, but the higher authority shall be held accountable for the consequences therefrom, and the civil servant concerned shall not be accountable at all for such implementation. However, where a civil servant implements a decision or an order which is obviously in serious violation of law, he or she shall bear due responsibility as specified by law. 

Article 61   Where a civil servant should bear disciplinary accountability for violating disciplinary rules or laws, a disciplinary sanction shall be imposed on him or her in accordance with this Law, or a sanction shall be imposed on him or her by a supervisory organ in accordance with law. Where the violation of disciplinary rules or laws is minor in nature, and the civil servant concerned has made correction after being criticized, he or she may be exempted from sanction. 

Where a supervisory body has already decided to impose a sanction on a civil servant for a violation of disciplinary rules or laws, the state organ the civil servant belongs to shall not impose another sanction on him or her for the same violation. 

Article 62   Disciplinary sanctions shall consist of the following: warning, demerit, serious demerit, demotion to a lower post or grade, removal from post, and expulsion from public office. 

Article 63   Disciplinary sanction against a civil servant shall be given on the basis of ascertained facts, established evidence and correct determination of the nature of the case, and it shall be commensurate with the severity of the violation, based on lawful procedures and completed formalities. 

Where a civil servant violates disciplinary rules or laws, the authority responsible for imposing disciplinary sanction shall make a decision to investigate the violation, and inform the civil servant concerned of the facts ascertained through investigation and the basis on which a disciplinary sanction is to be imposed on him or her. The civil servant concerned shall have the right to make a statement defending himself or herself. The authority responsible for imposing disciplinary sanction shall not impose a severer sanction because the civil servant has made a statement in his or her own defense. 

Where the authority responsible for imposing disciplinary sanction deems that a disciplinary sanction should be imposed on a civil servant, it shall make a decision on such sanction within the prescribed time limit and in accordance with the terms of reference of management and due procedures. The civil servant concerned shall be informed of the decision in writing. 

Article 64   While under a disciplinary sanction, a civil servant concerned shall not be promoted to a higher post, grade and level; the salary level of a civil servant shall not be raised if he or she has received a demerit or a serious demerit, is demoted to a lower grade, or removed from post. 

Disciplinary sanctions shall remain effective for 6 months for a warning, 12 months for demerit, 18 months for serious demerit and 24 months for demotion to a lower grade or removal from post. 

A civil servant who is removed from post shall be demoted in grade in accordance with relevant regulations. 

Article 65   Where a civil servant shows repentance and has not committed any other violation of disciplinary rules and laws when he or she is under a disciplinary sanction other than expulsion from public office, the sanction shall be lifted automatically upon the expiration of the sanction period. 

After a disciplinary sanction is lifted, a civil servant shall not be affected by this disciplinary sanction in terms of promotion to a higher salary level, to a higher level, post or grade. However, the lifting of a disciplinary sanction of demotion to a lower post or grade or removal from post shall not be deemed as the reinstatement to the previous grade, post or level.

Chapter 10 Training

Article 66   State organs shall provide category and level-based training for civil servants according to the requirements of their functions and duties and the need to enhance their professional competence. 

The State shall set up institutions specializing in training civil servants. State organs may also, as needed, entrust other training institutions to train its civil servants. 

Article 67   State organs shall provide induction training for their newly recruited staff members during the probation period. Civil servants promoted to leading posts shall receive training before they take up the posts or within one year after they have taken up the posts. Civil servants engaged in specialized work shall receive training on such work. All civil servants shall receive on-job training to enhance their political integrity and professional competence, and update their knowledge. Civil servants in specialized technical categories shall receive corresponding training. 

The State shall strengthen training of outstanding young civil servants in a planned way. 

Article 68   Training of civil servants shall be under registration-based management. 

The time needed for training civil servants shall be determined by departments in charge of work related to civil servants in accordance with the training requirements specified in Article 67 of this Law. 

Training received by a civil servant and his or her performance in such training shall serve as one of the bases for his or her evaluation, appointment or promotion.

Chapter 11 Transfer and Recusal

Article 69   The State exercises a transfer system for civil servants. 

Civil servants may be transferred within the circle of civil servants or to posts managed with reference to this Law; they may also be transferred to posts of a public service nature in state-owned enterprises or in public institutions that are not managed with reference to this Law. 

Transfer shall be in the form of assignment or direct transfer to another post. 

Article 70   Persons engaged in public service in state-owned enterprises, institutions of higher learning, research institutes and other institutions not managed with reference to this Law may be assigned to leading posts or to the posts of division level officials at level 4 or above, and to posts at other equivalent levels in state organs. 

A person who is to be assigned to a post in a state organ shall meet the requirements specified in Article 13 of this Law and the qualifications required by that post, and the person concerned must not be under one of the circumstances specified in Article 26 of this Law. The state organ that is to accept the assigned person shall, in accordance with the provisions mentioned above, conduct strictly review on the assigned person and make a decision regarding approval in accordance with the terms of reference of management; when necessary, it may give the assigned person a test. 

Article 71   Civil servants to be transferred to different posts shall possess the qualifications required by the posts to be taken; such transfer shall be made within the limits of authorized staffing number and the number of posts. 

Leading officials at the provincial or ministerial chief level and below shall be transferred across region or department in a planned and priority-based way. 

Civil servants who hold leading posts or other posts of a special nature within a state organ shall be transferred internally to different posts in a planned manner.      

Higher level state organs shall give due priority to public selection of civil servants from those at the primary level. 

Article 72   To meet the need of work, a state organ may select and appoint civil servants to serve temporary posts to undertake major engineering projects, major programs, key tasks or other special work. 

During the period of serving temporary posts, the civil servants concerned shall remain on the staff of the dispatching organ. 

Article 73   Civil servants shall obey decisions on their transfer made by the authorities. 

Where a civil servant applies for being transferred, the application shall be subject to review and approval in accordance with the terms of reference of management.