Article 74   Where civil servants have a conjugal, lineal blood relationship, or a collateral relative relationship by blood within three generations, or by a close in-law relationship, they shall not hold posts directly under the same leading official within the same office or hold posts that are of a direct superior-subordinate relationship, nor engage in work concerning organization, human resources, disciplinary oversight, supervision, auditing or government finance in a state organ in which one of the above mentioned civil servants holds a leading post. 

A civil servant shall not serve as a leading official in a state organ that has regulatory power over or is in charge of an enterprise or a for-profit organization run by his or her spouse, his or her child or child's spouse. 

Where there is a need for flexibility in the recusal practice when making a post appointment due to the special nature of certain region or work, the relevant regulations shall be formulated by the department in charge of work related to civil servants at the provincial level or above. 

Article 75   Where a civil servant holds a principal leading post in a state organ at the townships level, county level, or the level of city divided into districts, or in one of its department, locality-based recusal shall be practiced in accordance with relevant regulations. 

Article 76   A civil servant shall recuse himself or herself under one of the following circumstances when performing official duties: 

(1) Where any of their personal interests is involved; 

(2) Where any of the interests of his or her relatives as prescribed in the first paragraph of Article 74 of this Law is involved; or 

(3) Other circumstances which may affect the impartial performance of official duties. 

Article 77   Where a civil servant is under the circumstances requiring recusal, he or she shall apply for recusal; and an interested party shall have the right to apply for a civil servant's recusal. Other people may provide information to the authority concerned regarding the circumstances that require a civil servant's recusal. 

The authority concerned shall examine the application made by the aforementioned civil servant or by the interested party, and decide whether or not there is a need for recusal; it may also directly make a decision on the recusal in the absence of an application. 

Article 78   Where there are other provisions in law regarding the recusal of civil servants, such provisions shall prevail.

Chapter 12 Salaries, Benefits and Insurance

Article 79   The State practices a uniform salary system for civil servants. 

The principle of distribution according to work, which takes into account such factors as duties and responsibilities, competence, actual achievements in work and seniority, shall be applied to the salary system for civil servants, and there shall be a proper difference in salaries between different leading posts, grades or levels. 

The State establishes a mechanism to ensure normal salary increase for civil servants. 

Article 80   The salaries of civil servants include basic salaries, allowances, subsidies and bonuses. 

A civil servant shall, in accordance with State regulations, enjoy allowances such as extra regional allowances, allowances for poverty-stricken and outlying regions, and post allowances. A civil servant shall, in accordance with State regulations, enjoy subsidies and benefits such as housing allowances and medical benefits. 

Where a civil servant is determined as "excellent" or "competent" in regular evaluation, he or she shall enjoy a year-end bonus in accordance with State regulations. 

The salary of a civil servant shall be paid on time and in full. 

Article 81   The salary standards of civil servants shall be in keeping with the development of the economy and the progress of society. 

The State practices a salary survey system whereby regular surveys and comparisons shall be made between the salary standards of civil servants and those who work at the corresponding levels in enterprises, and the results of the surveys and comparisons shall be the basis for adjusting the salary standards of civil servants. 

Article 82   A civil servant shall enjoy benefits in accordance with State regulations. The State shall raise the standards of benefits for civil servants in keeping with economic and social development. 

The working hour system of the State shall apply to civil servants. Civil servants shall enjoy holidays according to State regulations. Where a civil servant works overtime in addition to the statutory working days, he or she shall be entitled to corresponding time off. Where a civil servant working overtime is unable to take the corresponding time off, he or she is entitled to compensation in accordance with State regulations. 

Article 83   A civil servant shall participate in the social insurance schemes in accordance with law and enjoy insurance in accordance with State regulations. 

Where a civil servant dies on duty or of illness, his or her family members shall receive a consolation payment and enjoy preferential treatment prescribed by the State. 

Article 84   No state organ shall, on its own, change policies on salaries, benefits and insurance of civil servants in violation of State regulations, or increase or reduce the salaries, benefits or insurance of civil servants without authorization. No state organ shall deduct or be in arrears with payment of salaries to civil servants.

Chapter 13 Resignation and Dismissal

Article 85   Where a civil servant wishes to resign from public office, he or she shall submit an application in writing to the department in charge of civil servant appointment and removal. The said department shall conduct review and make a decision regarding approval within 30 days from the date of receiving the application. If the application is submitted by a leading official who wishes to resign from public office, the said department shall conduct review and make a decision regarding approval within 90 days from the date of receiving the application. 

Article 86   A civil servant shall not resign from public office under one of the following circumstances: 

(1) Failing to reach the minimum length of service time as prescribed by the State; 

(2) Holding a special post such as involving State secrets, or before the expiration of the required declassifying period prescribed by the State after leaving the post; 

(3) Having not finished the handling of important official duties, which require his or her continued work; 

(4) Being subjected to auditing, disciplinary or supervisory investigation, or being suspected of a crime and the related judicial proceedings have not been concluded; or 

(5) Other circumstances that do not allow for resignation from public office as prescribed by laws or government regulations. 

Article 87   Where a civil servant holding a leading post needs to resign from the current post in accordance with law due to change of work, he or she shall complete formalities for resignation. 

A civil servant holding a leading post may apply for resignation from this post of his or her own accord due to personal or other reasons. 

Where a leading official causes significant losses or adverse social impact because of making a grave mistake or committing gross negligence of duty in work, or bears accountability as the leading official for a major accident, he or she shall resign from the leading post for failing to fulfill due responsibility. 

Where a leading official is no longer suitable for the current leading post for other reasons, or should resign to assume due accountability but fails to tender such resignation, he or she shall be ordered to resign from the leading post. 

Article 88   A civil servant shall be dismissed under one of the following circumstances: 

(1) Being determined as incompetent in the annual performance evaluation for two consecutive years; 

(2) Being incompetent at the current post but refusing to accept other work assignment; 

(3) Refusing to accept reasonable arrangement for necessary post adjustment when the state organ he or she works for is reorganized, dissolved, merged with another one, or when the size of its staff is cut; 

(4) Failing to perform the obligations of civil servant, or abide by laws or disciplinary rules concerning civil servants, make no change in such behavior after being admonished and therefore having become unsuitable to remain in the state organ, but the case does not warrant expulsion; or 

(5) Being absent from work or failing to return to work with no justifiable grounds after a work-related visit or the expiration of a leave for more than 15 consecutive days or more than 30 days on a cumulative basis within one year. 

Article 89   A civil servant shall not be dismissed under one of the following circumstances: 

(1) Having become disabled when performing official duties and been confirmed as having completely or partially lost the ability to work; 

(2) Being ill or injured and being still within the prescribed period for medical treatment; 

(3) Being within the period of pregnancy, maternity leave or breast feeding in the case of a female civil servant; or 

(4) Other circumstances that do not allow for dismissal as prescribed by law or government regulations. 

Article 90   Dismissal of a civil servant shall be decided in accordance with the terms of reference of management. The civil servant to be dismissed shall be informed in writing of the decision and the basis and grounds of dismissal. 

The dismissed civil servant may take dismissal pay or receive unemployment insurance in accordance with relevant State regulations. 

Article 91   Where a civil servant resigns from the post or is dismissed, he or she shall complete formalities for handing over official duties before leaving the post, and shall be subjected to auditing where necessary in accordance with relevant regulations.

Chapter 14 Retirement

Article 92   A civil servant who has reached the retirement age prescribed by the State or has completely lost working ability shall retire from work. 

Article 93   Where a civil servant meets one of the following conditions and applies for retirement of his or her own accord, he or she may retire from work before reaching the retirement age upon approval by the authority in charge of civil servant appointment and removal: 

(1) Having worked for 30 years; 

(2) Being less than five years from the retirement age prescribed by the State but having worked for 20 years; or 

(3) Having satisfied other circumstances for early retirement as prescribed by the State. 

Article 94   After retirement, a civil servant shall enjoy pension and other benefits prescribed by the State. The State shall provide necessary services and assistance for the life and health of retired civil servants and encourage them to participate in social development by bringing their expertise into play.

Chapter 15 Appeal and Accusation

Article 95   Where a civil servant takes exception to one of the following personnel related decisions concerning himself or herself, he or she may apply to the original authority handling the issue for review within 30 days from the date of learning about the said decision. Where a civil servant takes exception to the review decision, he or she may appeal to the department in charge of work related to civil servants at the same level or to the authority at the next higher level of the original handling authority within 15 days from the date of receiving the review decision in accordance with relevant regulations. The civil servant concerned may also, without going through the review procedure, directly lodge an appeal within 30 days from the date of learning about the said personnel-related decision: 

(1) disciplinary sanction; 

(2) dismissal or cancellation of recruitment; 

(3) demotion to a lower post; 

(4) decision on him or her being incompetent in regular evaluation; 

(5) removal from office; 

(6) denial of the application for resignation or early retirement; 

(7) failure in compliance with relevant regulations when determining or cutting salary, benefits or insurance, or 

(8) other circumstances against which he or she may lodge an appeal as prescribed by laws and regulations. 

Where a civil servant takes exception to a decision on appeal made by an authority at the provincial level or below, he or she may lodge a second appeal to the authority at the next higher level. 

The authority that handles appeals from civil servants shall form an impartial committee for such a purpose, which shall be responsible for handling and hearing appeal cases of civil servants. 

Where a civil servant takes exception to a decision involving himself or herself made by a supervisory organ and applies to that supervisory organ for a review or reexamination of the said decision, the matter shall be handled in accordance with relevant regulations. 

Article 96   The original authority handling the personnel-related issue shall, within 30 days from the date of receiving the application for review, make a review decision and inform the applicant of its decision in writing. The authority handling the appeal made by a civil servant shall make a decision within 60 days from the date it begins to handle the appeal. Where the case is complicated, the time limit for making a decision may be appropriately extended, but such extension shall not exceed 30 days. 

The execution of the personnel-related decision shall not be discontinued during the period of review or appeal. 

A civil servant shall not be given aggravated treatment for applying for review or lodging an appeal. 

Article 97   Where the authority hearing an appeal from a civil servant determines after review that the personnel-related decision is erroneous, the original authority that handled the issue shall make correction in a timely manner. 

Article 98   Where a civil servant believes that the state organ he or she works for or its leading officials have infringed upon his or her lawful rights and interests, he or she may make an accusation to the state organ at a higher level or to a supervisory organ in accordance with law. The organ receiving the accusation shall deal with the matter in a timely manner in accordance with relevant regulations. 

Article 99   When lodging an appeal or accusation, a civil servant shall respect facts, and shall not fabricate any facts, lodge any false accusation against or frame others. Anyone who fabricates the facts, lodges a false accusation or frames others shall be held legally liable in accordance with law.

Chapter 16 Contract-based Employment

Article 100   A state organ may, owing to need of work and upon approval by the department in charge of work related to civil servants at the provincial level or above, practice contract-based employment for posts requiring high expertise and posts that are auxiliary in nature. 

Where the posts specified in the preceding paragraph involve State secrets, contract-based employment shall not be applied. 

Article 101   When employing civil servants through contract, a state organ may conduct open recruitment with reference to procedures for conducting examination and recruitment of civil servants; it may also directly select and employ people from among those who meet due qualifications. 

State organs shall employ civil servants within the prescribed staffing number for such posts and the budget for salary payment. 

Article 102   A state organ shall enter into a written employment contract with an employed civil servant under the principle of equality, voluntariness and consensus through consultation; such contract shall specify the rights and obligations of both the employing organ and the employed civil servant. The employment contract may be changed or terminated upon the agreement reached by both parties to it through consultation. 

The conclusion, change or termination of an employment contract shall be submitted to the department in charge of work related to civil servants at the same level for the record. 

Article 103   An employment contract shall include such clauses as the term of the contract, job post and its functions and responsibilities, salary, benefits, insurance, and liabilities for breach of contract. 

The term of an employment contract shall be from one to five years. A probation period from one to 12 months may be included in the contract upon agreement. 

The system of the negotiated salary shall be applied to civil servants employed through contract; the specific methods in this regard shall be formulated by the central level department in charge of work related to civil servants. 

Article 104   State organs shall manage employed civil servants in accordance with this Law and the employment contracts concluded. 

Article 105   Where a dispute arises over the fulfillment of the employment contract between an employed civil servant and the state organ that he or she works for, he or she may apply for arbitration within 60 days from the date when such a dispute arises. 

A personnel dispute arbitration committee shall be set up as needed by the department in charge of work related to civil servants at the provincial level or above to handle applications for arbitration. The personnel dispute arbitration committee shall be composed of the representatives of the department in charge of work related to civil servants, representatives of the employing organ, representatives of civil servants employed through contract and legal experts. 

Where a party concerned takes exception to the arbitration award, it may file a lawsuit with a people's court within 15 days from the date of receiving the award. Where a party fails to fulfill an arbitration award after it takes effect, the other party may apply to the people's court for enforcing the award.

Chapter 17 Legal Responsibility

Article 106   Where one of the following violations of this Law occurs, the leading office or the department in charge of work related to civil servants at the county level or above shall, in accordance with the terms of reference of management and in light of different cases, instruct the state organ responsible to make correction, or declare the act or decision concerned null and void. The leading officials concerned bearing due responsibility and the officials directly responsible for the violation shall, in light of the seriousness of the circumstances, be subjected to criticism; or they shall be demanded to make self-criticism, be admonished, or be subjected to post adjustments or sanction. Where the circumstances of violation constitute a crime, criminal responsibility shall be investigated in accordance with law: 

(1) Failing to recruit, assign, transfer, engage or promote civil servants in accordance with the authorized staffing number, the number of posts and qualifications for the posts; 

(2) Failing to, in accordance with prescribed conditions, give awards to or take disciplinary sanctions against civil servants, implement the practice of recusal for civil servants, or complete procedures of retirement for civil servants; 

(3) Failing to act in accordance with prescribed procedures with regard to recruiting, assigning, transferring, engaging, promoting, evaluating, awarding or punishing civil servants; 

(4) Changing standards of salaries, benefits and insurance of civil servants in violation of State regulations; 

(5) Disclosing examination questions, violating examination rules or committing other acts that seriously impair the openness and impartiality in recruitment or public selection; 

(6) Failing to act in accordance with relevant regulations with regard to hearing and handling appeals or accusations filed by civil servants; or 

(7) Other circumstances of violating the provisions of this Law. 

Article 107   Where a civil servant resigns from public office or retires, he or she shall not hold a post in any enterprise or other for-profit organization, nor engage in any for-profit activities with which he or she was directly related at work within three years after leaving office if he or she was a leading official and served a leading post at the county or division level or above, and within two years after leaving office if he or she was not an above mentioned civil servant. 

Where a former civil servant violates the provisions of the preceding paragraph after resignation from public office or retirement, the department in charge of work related to civil servants at the same level as the state organ where he or she used to work shall instruct him or her to make corrections within a time limit. Where the civil servant fails to make corrections within the prescribed time limit, the department for market regulation at the county level or above shall confiscate the illegal gains he or she has made during the employment, order the employer to dismiss him or her, and shall, as the circumstances warrant, impose on the employer a fine of not less than one time but not more than five times the amount of illegal gains made by the former civil servant subjected to punishment. 

Article 108   Where a staff member of the department in charge of work related to civil servants, in violation of this Law, abuses power, neglects duty or engages in malpractices for personal gains, which constitutes a crime, he or she shall be investigated for criminal responsibility in accordance with law. Where the violation does not yet constitute a crime, he or she shall be subjected to disciplinary sanction, or to administrative sanction by the supervisory organ in accordance with law. 

Article 109   In the work of recruiting and employing civil servants, where there is an act such as concealing true information, practicing fraud, cheating in examination, or disturbing the order of examination, the department in charge of work related to civil servants shall make a decision such as invalidating examination results, disqualification, and denying application for taking part in examination as the circumstances warrant. Where the circumstances of violation are serious, those involved shall be held legally liable in accordance with law. 

Article 110   Where the reputation of a civil servant is tarnished due to an erroneous personnel-related decision, the authority that has made the decision shall apologize to the civil servant concerned, rehabilitate his or her reputation, and eliminate the negative effects thus caused. Where economic losses are incurred, it shall make due compensation in accordance with law.

Chapter 18 Supplementary Provisions

Article 111   For the purposes of this Law, leading officials refers to persons who are leading members of a state organ, not including those holding leading posts in the organ's internal offices. 

Article 112   Except for supporting staff for odd jobs, staff members of public institutions with the function of managing public affairs as authorized by laws and regulations shall be managed with reference to this Law upon approval. 

Article 113   This Law shall enter into force on June 1, 2019.