Order of the President of the People’s Republic of China No. 35

The Law of the People’s Republic of China on Public Servants, adopted at the 15th Meeting 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 go into effect as of January 1, 2006.

Hu Jintao

President of the People’s Republic of China

April 27, 2005

Law of the People’s Republic of China on Public Servants

(Adopted at the 15th Meeting of the Standing Committee of the Tenth National People’s Congress on April 27, 2005)

Contents

Chapter I General Provisions

Chapter II Qualifications, Duties and Rights of Public Servants

Chapter III Posts and Ranks

Chapter IV Recruitment and Employment

Chapter V Assessment

Chapter VI Post Appointment and Removal

Chapter VII Post Promotion and Demotion

Chapter VIII Rewards

Chapter IX Penalties

Chapter X Training

Chapter XI Exchange and Avoidance

Chapter XII Salary, Welfare and Insurance

Chapter XIII Resignation and Dismissal

Chapter XIV Retirement

Chapter XV Appeal and Accusation

Chapter XVI Position Appointment

Chapter XVII Legal Responsibility

Chapter XVIII Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is enacted in accordance with the Constitution and for the purpose of regularizing the administration of public servants, safeguarding their lawful rights and interests, improving supervision over them, building up a contingent of public servants with high quality, promoting a diligent and clean government and enhancing its efficiency.

Article 2 For the purposes of this Law, public servants are workers who perform official duties according to law, are members of the administrative establishment of the State, and whose salaries and welfare benefits are paid by the government.

Article 3 This Law is applicable to the duties and rights as well as the administration of public servants. Where there are other provisions contained in the laws governing the election, appointment and removal of, and the supervision over, the leading persons among public servants, and the duties and rights and the administration of judges, procurators, etc., those provisions shall be applicable.

Article 4 In application of the public servant system, Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the important thought of “Three Represents” shall be upheld as the guidance, the basic line for the primary stage of socialism shall be implemented, the cadre line and policy of the Communist Party of China shall be carried out, and the principle that cadres are under the administration of the Party shall be adhered to.

Article 5 Public servants shall be administered in adherence to the principles of openness, equality, competition and selection on the basis of merits, and in compliance with the statutory limits of authority, requirements, standards and procedures.

Article 6 Public servants shall be administered in adherence to the principle of laying equal stress on supervision and restriction on the one hand and on encouragement and safeguard on the other.

Article 7 Public servants shall be appointed in adherence to the principles of appointing people on their merits and people with both political integrity and professional competence, with stress placed on practical achievements in work.

Article 8 The State administers public servants by grouping them in different categories in order to improve administrative efficiency and raise the level of scientific management.

Article 9 When performing their official duties according to law, public servants shall be protected by law.

Article 10 The department in charge of public servants at the central level shall be responsible for the comprehensive administration of public servants nationwide. The local departments in charge of public servants at or above the county level shall be responsible for the comprehensive administration of public servants within the areas under their respective jurisdictions. The department in charge of public servants at a higher level shall direct the administration of public servants conducted by such department at a lower level. The departments in charge of public servants at various levels shall direct the administration of public servants conducted by the various organs at the same level.

Chapter II Qualifications, Duties and Rights of Public Servants

Article 11 A public servant shall meet the following qualifications:

(1) holding the nationality of the People’s Republic of China;

(2) having reached the age of 18;

(3) upholding the Constitution of the People’s Republic of China;

(4) being a person of good morality;

(5) being physically qualified for normal performance of duties;

(6) having the education and ability commensurate with the requirements of the post; and

(7) having other qualifications specified by law.

Article 12 Public servants shall perform the following duties:

(1) exemplarily observing with the Constitution and laws;

(2) conscientious by performing their duties in compliance with the specified limits of authority and procedures and endeavoring to increase their work efficiency;

(3) wholeheartedly serving the people and accepting supervision by the people;

(4) safeguarding the security, honor and interests of the State;

(5) being faithful in the discharge of their duties, diligently fulfilling their responsibilities, and abiding by and implementing the decisions made and the instructions given by higher authorities in accordance with law;

(6) guarding State secrets and job secrets ;

(7) abiding by discipline, faithfully adhering to professional ethics and exemplarily observing public morality;

(8) being clean and upright, and impartial and honest in their ways; and

(9) performing other duties provided for by law.

Article 13 Public servants shall have the following rights:

(1) being provided with the working conditions necessary for the performance of their duties;

(2) being free from being removed from office, demoted and discharged, and free from disciplinary action, unless on statutory grounds and through statutory procedures;

(3) getting salaries, remunerations, and enjoying welfare benefits and insurance;

(4) having access to training;

(5) putting forward criticisms and proposals regarding the work of their organs and the leading persons;

(6) lodging appeals and accusations;

(7) applying for resignation; and

(8) enjoying other rights provided for by law.

Chapter III Posts and Ranks

Article 14 The State practices the system of categorized posts among public servants.

The posts held by public servants shall, according to the nature and characteristics of the post and administrative needs, be categorized as comprehensive administration, professional skills and administrative law enforcement. Where separate administration is required for a post due to its specific characteristics, the State Council may, in accordance with this Law, set up an additional category for such post. The scope covered by the different categories of posts shall be prescribed by the State separately.

Article 15 The State establishes an order of posts held by public servants on the basis of the categories of such posts.

Article 16 The posts of public servants are divided into leading and non-leading posts.

The levels of the leading posts include: chief and deputy at the central level, chief and deputy at the provincial and ministerial level, chief and deputy at the department and bureau level, chief and deputy at the county and division level, chief and deputy at the township and section level.

The levels of non-leading posts are set up at or below the department and bureau level.

Article 17 The leading posts under the category of comprehensive administration shall be established in accordance with the Constitution, relevant laws, levels of posts and institutions.

The non-leading posts under the category of comprehensive administration include: inspector, deputy inspector, analyst, associate analyst, senior section member, junior section member, section member and office clerk.

The order of posts for the public servants under the categories other than the category of comprehensive administration shall be prescribed separately by the State in accordance with this Law.

Article 18 The various government departments shall set up specific posts for the public servants thereof in accordance with the established functions, institutional echelons, limits of the authorized size, number of posts and structural proportion, and define the official duties and responsibilities as well as the qualifications for holding a post.

Article 19 The posts of public servants shall correspond with the relevant ranks. The corresponding relations between the posts and ranks of public servants shall be defined by the State Council.

The posts and ranks of public servants provide the basis for determining their salaries and other benefits.

The rank of a public servant shall be determined on the basis of the post he holds, his political integrity and professional competence, his achievements in work, and his educational qualifications and seniority. A public servant remaining at the same post may be promoted in rank according to State regulation.

Article 20 The State shall establish ranks corresponding with relevant posts in light of the working characteristics of the people’s police as well as public servants of the Customs and diplomatic missions abroad.

Chapter IV Recruitment and Employment

Article 21 Public servants for non-leading posts at or below the level of senior section member and at other levels of corresponding posts shall be recruited and employed through open examination, strict review, competition on an equal footing and selection on the merits.

When recruiting public servants in accordance with the provisions of the preceding paragraph, the authorities of the national autonomous regions may, in accordance with law and relevant regulations, give appropriate considerations to the ethnic people who register for examination.

Article 22 The department in charge of public servants at the central level shall be responsible for making arrangements for recruitment and employment of public servants for the government departments at the central level and the departments and institutions directly under them. The department in charge of public servants at the provincial level shall be responsible for making arrangements for recruitment and employment of public servants of the various local government departments, and where necessary, the department in charge of public servants at the provincial level may authorize the department in charge of public servants at the level of a city divided into districts to make such arrangements.

Article 23 A person who registers for examination of public servants shall, in addition to the qualifications specified in Article 11 of this Law, meet the qualifications required for the post he intends to hold as specified by the department in charge of public servants at or above the provincial level.

Article 24 The following persons shall not be recruited as public servants:

(1) persons on whom criminal punishment has been imposed due to committing a crime;

(2) persons who have been discharged from public employment; and

(3) other persons who are not to be recruited as public servants, as prescribed by law.

Article 25 Public servants shall be recruited and employed within the limits of the authorized size, and when there are vacancies of corresponding posts to be filled up.

Article 26 Before recruiting and employing public servants, a public notice of entrance examination shall be issued. In a public notice of entrance examination shall be clearly stated the posts, the number of public servants needed, the qualifications for examinees, the application materials required to be submitted and other matters for attention.

Recruiting departments shall take measures to facilitate citizens’ registration for examination.

Article 27 Recruiting departments shall examine the applications for registration for examination in accordance with the qualifications required of the examinees. The application materials submitted by examinees shall be true and accurate.

Article 28 The examination for recruitment and employment of public servants shall be conducted in the forms of written examination and interviews. The contents of the examinations shall be specified in accordance with the basic ability required of public servants and the different categories of posts.

Article 29 Recruiting departments shall, on the basis of the examination results, decide on the candidates for review and reexamine their qualifications for registration for examination, conduct review and arrange for their physical check-up.

The items of and standards for physical check-up shall be based on the requirements of the posts. The specific measures in this regard shall be formulated by the government department at the central level in charge of public servants, in conjunction with the health administration department under the State Council.

Article 30 Recruiting departments shall, on the basis of the examination results, and the results of the review and physical check-up, make a name list of the persons to be recruited, and make it known to the public.

At the expiration of the period for such publicity, the recruiting department at the central level shall submit the name list of the persons to be recruited to the department in charge of public servants at the central level for the record; and the various local recruiting departments shall submit the name lists of the persons to be recruited to the departments in charge of public servants at the provincial level or at the level of a city divided into districts for examination and approval.

Article 31 Upon approval by the department in charge of public servants at or above the provincial level, simplified procedures or other methods for test and appraisal may be adopted for recruiting public servants for special posts.

Article 32 The trial period for a newly recruited public servant shall be one year. If he is qualified at the expiration of the trial period, he shall be employed; otherwise, his recruitment shall be cancelled.

Chapter V Assessment

Article 33 Assessment of public servants shall be conducted in compliance with the limits of authorized administration, and in an all-round way, covering their political integrity, ability, diligence, achievements and incorruptibility, with special attention paid to actual achievements in work.

Article 34 The assessment of public servants shall be divided into routine and regular assessments. Regular assessments shall made on the basis of routine assessment.

Article 35 Regular assessment of the public servants who are non-leading members shall be made annually. The public servants themselves shall firstly give their summaries in light of the duties and responsibilities of their posts and relevant requirements. After listening to the opinions from the masses, the leading person in charge shall make a proposal concerning the grades of the assessment, and then the leading person of the department or an authorized appraisal committee shall decide on the grades of the assessment.

The regular assessment of the leading persons shall be conducted by the department in charge in accordance with relevant regulations.

Article 36 The results of regular assessment are divided into four grades, namely, excellent, competent, basically competent, and not competent.

Public servants themselves shall be informed of the results of the regular assessment in writing.

Article 37 The results of regular assessment shall serve as the basis for adjustment of the posts, ranks and salaries of public servants as well as for rewards, training and dismissal of public servants.

Chapter VI Post Appointment and Removal

Article 38 The election system and appointment system shall be applied among public servants in respect of their posts. The tenure system shall, in accordance with the State regulations, be applicable in respect of the posts of leading persons.

Article 39 A public servant to whom the election system is applicable shall take the post he is elected to when the result of election comes into effect; and he shall not renew the term of office at the expiration of his term of office, or if he resigns, or is removed or dismissed from office during his term of office, the post shall be terminated accordingly.

Article 40 Where a public servant under the appointment system passes the examination conducted at the expiration of his trial period, or there is a change in connection to his post, or he ceases to hold the public service post, or other circumstances necessitate his appointment or removal, he shall accordingly be appointed or removed within the limits of authorized administration and through the statutory procedures.

Article 41 Public service posts shall be appointed within the authorized size and number of the posts, and when there are the necessary vacancies to be filled up.

Article 42 For a public servant to hold a concurrent post outside his own department due to the need of work, the matter shall be subject to approval by the department concerned, and he shall not receive any remuneration for such post.

Chapter VII Post Promotion and Demotion

Article 43 A public servant to be promoted to a higher office shall meet the requirements and qualifications in terms of ideological and political quality, work capability, educational level and work experience.

Promotion of public servants to higher posts shall be done level by level. For a public servant who is especially excellent or there is a special need for work, he may be promoted by breaking conventions or by skipping one level in accordance with relevant regulations.

Article 44 Where a public servant is promoted to a leading post, the following procedures shall be used:

(1) on the basis of democratic recommendation, deciding on the candidate for review;

(2) arranging for review, studying and setting forth proposals for the post to be assigned to, and deliberating on them within a certain scope, where necessary;

(3) discussing and deciding on the candidate within the limits of authorized administration; and

(4) completing the formalities for appointment in accordance with relevant regulations. For promoting a public servant to a non-leading post, the procedures specified in the preceding paragraph shall be followed mutatis mutandis.

Article 45 When there is a vacancy for a leading post at or below the level of the chief of the department or bureau in the body set up within a department, the candidate for the vacancy may be selected through competition among people working within the department or system.

When there is a vacancy for a leading post at or below the level of the chief of the department or bureau or for a non-leading post at or above the level of associate analyst and other corresponding levels, a candidate for such a vacancy may be selected openly from among people in the community.

Candidates for beginners of judges and procurators may be decided on through open selection from among people in the community, that is, from among the persons who have passed the unified judicial examinations conducted by the State and are qualified for such posts.

Article 46 When a public servant is to be promoted to a leading post, the publicity system prior to his assumption of the post and the trial system shall be carried out in accordance with relevant regulations.

Article 47 If a public servant is determined to be incompetent through regular assessment, he shall be demoted to a post at the next lower level in compliance with the prescribed procedures.

Chapter VIII Reward

Article 48 A public servant or a collective of public servants that has fulfilled the official duties outstandingly, or has made remarkable achievements and contributions, or has performed other outstanding meritorious deeds shall be rewarded. The principle of combining moral encouragement with material reward, taking former as the main form, shall be applied.

The reward to a collective of public servants shall be applicable to an organization set up in accordance with the order of establishment or to a working team formed for the fulfillment of a special task.

Article 49 A public servant or a collective of public servants that meets one of the following conditions shall be rewarded:

(1) being loyal to official duties, enthusiastic in work and having made remarkable achievements;

(2) observing rules of discipline, performing official duties with honesty, being honest and upright, being fair in handling matters, and playing an outstandingly exemplary role;

(3) bringing about remarkable economic or social benefits through invention and innovation in work or by putting forward rationalization proposals;

(4) having made outstanding contributions to the enhancement of unity of the nationalities and to the maintenance of social stability;

(5) having attained outstanding successes in protecting public property and economizing on the use of resources and property of the country;

(6) having performed meritorious services in preventing or obviating accidents, thus protecting the interests of the State and the people from losses or reducing such losses;

(7) having made contributions by disregarding personal safety under special circumstances such as emergency rescue and disaster relief;

(8) having performed meritorious deeds in fighting against violations of laws and rules of disciplines;

(9) having won honor and interests for the country in foreign exchanges; or

(10) having had other outstanding achievements.

Article 50 Rewards include: a Citation; a Citation for Merit, Third Class; a Citation for Merit, Second Class; a Citation for Merit, First Class; and conferring of an honorary title.

A public servant or a collective of public servants rewarded shall be commended and be given monetary awards in one lump sum or other material benefits.

Article 51 Rewarding of a public servant or a collective of public servants shall be subjected to decision or approved in compliance with the specified limits of authority and procedures.

Article 52 Under one of the following conditions, the reward given to a public servant or a collective of public servants shall be revoked:

(1) obtaining the reward through fraud and deception;

(2) concealing grave mistakes when applying for the reward or seriously going against the prescribed procedures; or

(3) other conditions under which the reward should be revoked in accordance with the provisions of laws and regulations.