Civil Servant Law of the People's Republic of China

Chapter I General Provisions
Article 1 in order to standardize the management of civil servants, safeguard the legitimate rights of civil servants, strengthen the supervision of civil servants, the construction of high-quality civil servants, promote diligent and honest, improve work efficiency, according to the constitution, this law is enacted.
Article second the term "civil servants" as used in this Law refers to the personnel who perform their duties in accordance with the law, be included in the national administrative system, and shall be paid by the state.
Article third this Law shall apply to the obligations, rights and management of the civil servants.
The provisions of the laws of the leading members of the civil service appointment, supervision of production, as well as judges, prosecutors and the obligations and rights of management and otherwise, from its provisions.
Article fourth of the civil service system based on the Marx Lenin doctrine, Mao Zedong thought, Deng Xiaoping theory and three represents “ ” as guiding ideology, implement the basic line of the primary stage of socialism, implement Chinese cadres of the Communist Party line and policy, the cadres adhere to the principle.
Fifth civil servants management, adhere to the principles of openness, equality, competition, merit, in accordance with the statutory authority, conditions, standards and procedures.
Sixth management of civil servants, adhere to the principle of supervision and restraint and incentive to pay equal attention to the principle.
Seventh the appointment of civil servants, adhere to the principle of merit, have both ability and political integrity work performance.
Eighth countries to implement classified management of civil servants, improve management efficiency and scientific level.
Ninth civil servants perform their duties according to law, protected by law.
Tenth central civil service departments responsible for the overall management of civil servants. Local civil servants at or above the county level shall be responsible for the comprehensive management of civil servants within their respective jurisdictions. The competent department of civil servants at the higher level shall guide the administration of civil servants in the competent departments of civil servants at lower levels. Civil servants at all levels in charge of the guidance of civil servants at all levels of management.
 
The second chapter is the conditions, obligations and rights of civil servants
Article eleventh civil servants shall meet the following conditions:
(1) having the nationality of the People's Republic of China;
(two) at the age of eighteen;
(three) support the constitution of the People's Republic of China;
(four) having good conduct;
(five) the physical condition of the normal performance of duties;
(six) the education level and ability to meet the requirements of the job;
(seven) other conditions as prescribed by law.
Article twelfth civil servants shall perform the following obligations:
(a) model abiding by constitution and law;
(two) in accordance with the provisions of the authority and procedures to perform their duties conscientiously, and strive to improve work efficiency;
(three) serve the people wholeheartedly and accept the supervision of the people;
(four) safeguard national security, honor and interests;
(five) be loyal to duty, diligent and conscientious, obey and execute decisions and orders made by the higher authorities according to law;
(six) keeping state secrets and work secrets;
(seven) observe discipline, abide by professional ethics, and observe social ethics;
(eight) honest, fair and honest;
(nine) other duties as provided for by law.
Article thirteenth civil servants shall enjoy the following rights:
(a) the working conditions to be obtained from the performance of duties;
(two) with non statutory basis, through legal procedures, not to be dismissed, demoted, dismissed or punished;
(three) to receive wages, benefits, insurance benefits;
(four) training;
(five) criticisms and suggestions on the work of the organs and leading personnel;
(six) appeal and complaint;
(seven) apply for resignation;
(eight) other rights as provided for by law.
 
The third chapter positions and levels
Fourteenth countries to implement civil service job classification system.
According to the nature, characteristics and management needs of civil service posts, the types of civil service posts are divided into categories of comprehensive management, professional and technical, and administrative law enforcement. In accordance with this law, the State Council may, in accordance with the provisions of this law, need to be individually managed, and may add other types of posts. The scope of application of each category shall be separately prescribed by the state.
The fifteenth national civil service positions according to the type of civil service positions.
Sixteenth civil service positions are divided into leadership positions and non leadership positions.
Level leadership positions are divided into: national level, National Deputy Chief, chief provincial, provincial deputy and chief bureau level, bureau level, county deputy chief, deputy county level, township level, township level deputy chief.
Non leadership positions at the level of bureau level the following settings.
Seventeenth comprehensive management leadership positions in accordance with the constitution, relevant laws, job levels and institutional specifications set to determine.
Comprehensive management of non leadership positions include: inspector, deputy inspector, deputy researcher, director, deputy director of the clerk, clerk, clerk.
The sequence of duties of civil servants other than the category of comprehensive management shall be separately prescribed by the state in accordance with this law.
Eighteenth the authorities in accordance with the prescribed functions, specifications, staffing quota and structural proportion, set up specific posts for the public servantsAnd determine the job responsibilities and qualifications of each position.
Nineteenth civil servants should correspond to the corresponding level. The corresponding relationship between the duties and ranks of civil servants shall be formulated by the state council.
The position and level of civil servants is the basis for determining the salaries of civil servants and other treatment.
The level of civil servants according to their posts and integrity and work performance and qualifications to determine. Civil servants in the same position, in accordance with the provisions of the national promotion level.
In accordance with the characteristics of the civil service of the people's police, the customs and the diplomatic missions abroad, the twentieth state shall establish the corresponding rank.
 
The fourth chapter
Non leadership civil servants twenty-first hired as the Director under section and other equivalent levels, take public examination and strict inspection, equal competition, the best way.
Where a national autonomous area is employed by a civil servant in accordance with the provisions of the preceding paragraph, it shall, in accordance with the relevant laws and regulations, properly take care of the minority candidates.
Twenty-second central organs and institutions directly under the civil service recruitment by the central civil service departments responsible for the organization. Local civil servants at all levels of employment, by the provincial civil service departments in charge of the organization, if necessary, the provincial civil service departments may authorize the establishment of municipal civil service departments.
Twenty-third apply for civil servants, in addition to the provisions of this law should be provided for the eleventh conditions, but also should have the qualifications required by the competent civil service departments at or above the provincial level required for the job.
Article twenty-fourth the following persons shall not be employed as civil servants:
Having been subjected to criminal punishment for a crime;
(two) had been expelled from public office;
(three) any other circumstances under which the law may not be employed as a civil servant.
Article twenty-fifth employment of civil servants, must be within the prescribed limits, and the corresponding vacancies.
Twenty-sixth civil servants shall be issued recruitment notice. Recruitment notice shall apply for material position, number, qualifications, applicants need to submit such recruitment and other matters for attention.
The recruitment organ shall take measures to facilitate citizens to apply for.
Twenty-seventh recruiting authorities according to the qualifications to apply for review. The application materials submitted by the applicant shall be true and accurate.
Twenty-eighth civil service recruitment examination to take a written examination and interview manner, according to the basic content of the civil service examination should be equipped with different positions and types of settings.
Twenty-ninth recruiting agencies to determine the inspection candidates according to the examination results, and to apply for review, the inspection and examination.
Physical examination items and standards are determined according to job requirements. The specific measures shall be formulated by the central civil service department in conjunction with the administrative department of public health under the state council.
Thirtieth recruiting agencies according to examination results, inspection and examination results, to be hiring list, and publicity.
Expiration of the public, the central recruiting office will be hiring list of the central administrative department of civil servants for the record; the competent department of the municipal civil service recruiting local authorities at all levels will be hiring list submitted to the provincial or district approval.
Thirty-first civil servants employed special positions, approved by the competent civil servants at or above the provincial level, you can simplify the procedure or the use of other evaluation methods.
Thirty-second newly recruited civil servants probation for one year. If the probation period is qualified, the company shall be appointed to the post.
 
The fifth chapter assessment
Article thirty-third of the civil service examination in accordance with the management authority, a comprehensive assessment of civil servants in morals, diligence, honesty, focusing on assessment of work performance.
Thirty-fourth civil servants assessment is divided into the usual assessment and regular assessment. Regular assessment based on the usual assessment.
Thirty-fifth regular assessment of civil servants to take the non leading members of the annual assessment, by individuals in accordance with the responsibilities and relevant requirements are summarized, the leader in charge shall listen to the opinions of the masses, put forward a suggestion of assessment grade, by the authorities or authorized person in charge of the examination committee to determine the assessment grade.
The periodic examination of the leading members shall be handled by the competent authority in accordance with the relevant provisions.
Thirty-sixth regular examination results are excellent, competent, competent and incompetent four grades.
The results of periodic assessment shall be notified in writing to the civil servants themselves.
Thirty-seventh regular assessment of the results as the adjustment of civil service positions, levels, wages and civil service incentives, training, dismissal basis.
 
The sixth chapter appointment
Thirty-eighth civil service positions in the implementation of the election system and appointment system.
The term of office of the leading member shall be implemented in accordance with the provisions of the state.
The thirty-ninth elected official election results in force that elected positions; the expiration of the term of office is not re elected, term or resign, deposed, dismissal, the post shall be terminated.
Fortieth the appointment of civil servants in the probation period, qualified positions change, no longer serve as civil servants and other circumstances need to post appointmentShall, in accordance with the management authority and the procedures prescribed by the appointment and removal of the post.
Forty-first civil servants must be carried out in the prescribed staffing quota and number of posts, and a corresponding vacancies.
Forty-second civil servants need to work part-time outside the organs, should be approved by the relevant authorities, and shall not be paid part-time.
 
The seventh chapter job lifting
Forty-third civil servants to promote their duties, should have the required position of the ideological and political quality, work ability, education and job experience and other aspects of the conditions and qualifications.
Promotion of civil servants should be promoted step by step. Excellent work or special needs, in accordance with the provisions of the more unconventional level or promotion.
Forty-fourth civil servants to promote leadership positions, in accordance with the following procedures:
(a) democratic recommendation to determine the object of investigation;
(two) organize the investigation, research and put forward the proposal, and in accordance with the needs of brewing within a certain range;
(three) in accordance with the management authority to discuss the decision;
(four) in accordance with the provisions of the implementation procedures.
The promotion of non leadership positions by civil servants shall be handled in accordance with the procedures prescribed in the preceding paragraph.
At the department or bureau level leadership vacancies following forty-fifth internal organs, in the organs, or through the system of competition for posts, candidates have.
Chief bureau level leadership positions below or above the deputy researcher and other equivalent positions level of non leadership positions vacant, can for the open selection, candidates have.
Determine the newly appointed judges and procurators of the candidates, can face the society, from the national judicial examination qualified personnel in public selection.
Forty-sixth civil servants to promote leadership positions, should be in accordance with the relevant provisions of the implementation of the former public service system and tenure probation system.
Forty-seventh civil servants in the periodic assessment was identified as incompetent, in accordance with the provisions of the procedures to reduce the level of a post office.
 
Eighth chapter Award
Forty-eighth outstanding performance, significant achievements and contributions, or there are other outstanding deeds of civil servants or civil servants collective, to give incentives. The principle of insisting on the combination of spiritual encouragement and material reward and spiritual reward.
The award of the collective of civil servants shall be applicable to the organization set up in accordance with the sequence of preparation or the working group composed of special tasks.
Article forty-ninth where a civil servant or a civil servant is under any of the following circumstances, he shall be given a reward:
(1) loyal to duty, active work, remarkable results;
(two) discipline, honest, decent, fair work, outstanding and exemplary role;
(three) the invention or creation of rationalization proposals in the work, which has achieved remarkable economic and social benefits;
(four) to make outstanding contributions to the promotion of national unity and social stability;
(five) protect public property, saving state assets with outstanding results;
(six) to prevent or eliminate the occurrence of accidents and to protect the interests of the state and the people;
(seven) in the emergency disaster relief, regardless of personal danger in a specific environment, make a contribution;
(eight) with respect to acts of violating the law and discipline;
(nine) for the national honor and interests in foreign exchange;
(ten) other outstanding achievements.
Fiftieth awards are divided into: awards, record three, and so on, recorded in the work of the other two, remember first class merit, awarded the title of honor.
To be commended for the award of a civil servant or a civil servant, and a lump sum bonus or other treatment.
Fifty-first give civil servants or civil servants collective incentives, in accordance with the provisions of the authority and procedures for the decision or approval.
Article fifty-second where a civil servant or a civil servant is under any of the following circumstances, the award shall be revoked:
(a) for the prize of the resort to deceit;
(two) concealing serious errors or serious violations of the prescribed procedures when applying for awards;
(three) other circumstances as provided for by laws and regulations that should be revoked.
 
The ninth chapter of punishment
Article fifty-third civil servants must abide by discipline, shall not have the following acts:
(1) to disseminate speeches, organizations and other activities that are detrimental to the reputation of the state, or to participate in such activities as assembly, procession and demonstration against the state;
(two) organizing or participating in illegal organizations, organizations or strikes;
(three) dereliction of duty, delaying the work;
(four) refusing to implement the decisions and orders made by the higher authorities according to law;
(five) the suppression of criticism, take revenge;
(six) resort to deceit, mislead and deceive leaders and the public;
(seven) corruption, bribery, bribery, taking advantage of his position to seek personal gain for himself or others;
(eight) in violation of financial discipline, waste of state assets;
(nine) abuse of powerInfringe upon the legitimate rights and interests of citizens, legal persons or other organizations;
(ten) divulging state secrets or work secrets;
(eleven) damage to national honor and interests in foreign exchanges;
(twelve) to participate in or support such activities as pornography, drug abuse, gambling and superstition;
(thirteen) violation of professional ethics and social morality;
(fourteen) engaging in or engaging in profit-making activities and taking part in a business or other for-profit organization;
(fifteen) absenteeism or going out, please leave expires without justification overstayed;
(sixteen) other acts of violation of discipline.
Fifty-fourth civil servants in the performance of official duties, think the decision or order of his superior is wrong, it may correct or cancel the decision or order of the opinion to the superior; superiors do not change the decision or order, or require the immediate implementation of the civil servants shall carry out the decision or order execution, the consequences from superiors, do not assume responsibility for civil servants however, the implementation of the civil service; clearly illegal decisions or orders, shall bear the corresponding liability according to law.
Fifty-fifth civil servants due to violations of law should take disciplinary responsibility, in accordance with this law punished violations; a minor, after criticism and education to correct, may be exempted from punishment.
Fifty-sixth sanctions include a disciplinary warning, demerit, demotion, dismissal, dismissal, demerits.
Article fifty-seventh of the punishment of civil servants, the facts should be clear, conclusive evidence, qualitative accuracy, proper handling, legal procedures, procedures complete.
Violation of civil servants shall be determined by the authorities decided to investigate the situation of the civil service discipline, and to investigate the facts and the basis of the proposed sanctions to inform the civil servant. Civil servants have the right to make statements and arguments.
If the organ that decides the disposition decides that the civil servant shall be given a disciplinary sanction, it shall, within the prescribed time limit, make a disciplinary sanction in accordance with the administrative authority and the procedures prescribed. The decision shall be made in writing to the civil servant.
Fifty-eighth civil duties and level shall be promoted during punishment, which affected demerits, demerits, demotion, dismissal, promotion or salary grades.
During the punishment for six months; warning, demerit, twelve months; eighteen months; major demerit, demotion, dismissal, twenty-four months.
The dismissal, in accordance with the provisions of lower level.
The fifty-ninth servants punished expelled outside during punished repent, and no recurrence of misconduct, after the expiration of punishment, punishment by the authorities decided to lift the sanctions and notify me in writing.
After the lifting of the sanctions, the promotion of wages, grades and positions are no longer affected by the original punishment. However, the lifting of demotion, dismissal, is not considered to restore the original level of the original position.
 
The tenth chapter training
Sixtieth organs in accordance with the requirements of the civil service work and improve the quality of civil servants, the civil service classification training.
The establishment of a national civil service training institutions. The agency may entrust other training institutions to undertake the task of civil servant training according to the needs.
Sixty-first shall novice training during the probation period for newly hired personnel; promotion of leadership positions in the civil service should be in office before or after serving a year in the job training; engaged in special work of civil servants shall conduct specialized training; for all civil servants shall carry out on-the-job training to improve the ability to work, the renewal of knowledge. As for professional and technical positions in the civil service, shall be in accordance with the continuing education of professional and technical personnel, professional technical training.
The state plans to strengthen the training of reserve leaders.
Sixty-second civil servants training registration management.
The time for civil servants to participate in training shall be determined by the Department in charge of civil servants in accordance with the provisions of article sixty-first of this law.
Civil service training, academic achievement as a civil service examination content and service, promotion of one of the basis.
 
The eleventh chapter communication and avoidance
Sixty-third countries to implement civil service exchange system.
Civil servants can communicate with each other within the civil service, but also with the state-owned enterprises and institutions, people's organizations and mass organizations engaged in public service personnel exchanges.
Means of communication including transfer, exercise and attachment to any turn.
Personnel of sixty-fourth state-owned enterprises and institutions, people's organizations and mass organizations may be transferred to the authority or leadership positions above deputy researcher and other equivalent level of non leadership positions. The person transferred shall meet the provisions of article eleventh of this law condition and to position the required qualifications, and shall not have the twenty-fourth article of this Law case. Transferred to the authorities shall according to the above provisions, strict inspection of the person transferred, and in accordance with the management authority for approval, it may be necessary to examine the candidates.
Sixty-fifth civil servants transferred between different positions should have the qualifications required for the positionAnd in the authorized size and number within the prescribed.
Leading members of the provincial chief of the following should be a planned and focused implementation of inter regional and inter departmental transferred.
A civil servant who holds the post of a leading body of an organization as an organ and a special non leadership post of the nature of the work shall, in a planned way, turn over the.
Sixty-sixth according to the need for training of civil servants, civil servants can send to organs at lower levels or higher authorities, other area agencies and state-owned enterprises and institutions exercise attachment.
Civil servants in the post training period, does not change the original organ and personnel relations.
Sixty-seventh civil servants should obey the decision of the exchange.
Civil servants to apply for communication, in accordance with the management authority for approval.
The relationship between husband and wife, between civil sixty-eighth lineal relations, collateral relatives within three generations or close affinity, not in the same authority as both sides directly under the same leadership position or directly subordinate relationship of leadership positions, nor engage in organization, personnel, discipline inspection and supervision, audit and finance the work in which the Party leadership positions authority.
Because of the special nature of the region or work, the need for flexible implementation of the post office, by the provincial civil service departments.
Sixty-ninth civil servants served as township authorities, authorities at the county level and the relevant departments of the main leadership positions, regional avoidance shall be carried out, except as otherwise stipulated by law.
Seventieth civil servants to perform official duties, one of the following circumstances, should be avoided:
(I) relating to my interests;
(two) relating to the interests of the person concerned with the relationship between the family members listed in the first paragraph of article sixty-eighth of this law;
(three) other factors that may affect the impartial execution of public affairs.
Seventy-first civil servants should avoid the situation, I should apply for withdrawal; interested parties have the right to apply for civil servants to avoid. Other personnel may provide authorities with the need to avoid the situation of civil servants.
The organ may, in accordance with the decision made by the civil servant or the interested party, make a decision on whether to withdraw or not to make a decision on whether to evade the application.
Article seventy-second where the law provides otherwise for the avoidance of civil servants, such provisions shall prevail.
 
The twelfth chapter wage and welfare insurance
Seventy-third civil servants to implement a unified national position and the level of wage system.
The civil servant salary system and implement the principle of distribution according to work, reflect the work responsibility, work ability, work performance, experience and other factors, to maintain a reasonable wage gap between different positions and levels.
The establishment of the national civil service wage growth mechanism.
Seventy-fourth civil servants wages include basic wages, allowances, subsidies and bonuses.
Civil servants in accordance with the provisions of the state to enjoy additional allowances in the region, hard remote areas allowance, post allowance and other allowances.
Civil servants in accordance with the provisions of the state to enjoy housing, medical subsidies, subsidies.
The civil servants shall be entitled to the annual bonus in accordance with the provisions of the state when they are determined to be excellent and competent.
Civil servants wages shall be paid on time and in full.
Seventy-fifth civil servants wages should be coordinated with the national economic development, and social progress.
The State practices wage survey system, carries on the investigation and comparison of the civil service and the enterprise quite personnel salary level regularly, and compares the result of the wage investigation as the basis to adjust the salary level of civil servants.
Seventy-sixth civil servants in accordance with the provisions of the state to enjoy the benefits. The State shall improve the welfare of civil servants in accordance with the level of economic and social development.
Civil servants to implement the national system of working hours, in accordance with the provisions of the state to enjoy the holidays. Civil servants work overtime in addition to statutory working days, should be given appropriate rest.
Seventy-seventh countries to establish civil service insurance system to protect civil servants in retirement, illness, injury, birth, unemployment and other circumstances to get help and compensation.
The civil servants who is disabled, enjoy the state's disability benefits. The civil servants who sacrificed, death or death, their relatives enjoy the state pension and preferential treatment.
Seventy-eighth any organization shall not violate the provisions of the state to change the civil service wages, welfare, insurance policy, without authorization to raise or reduce the civil service wages, benefits, insurance benefits. No organ may deduct or default on wages of civil servants.
Seventy-ninth civil servants wages, benefits, insurance, pension and employment, training, incentives, dismissal and other funds required, should be included in the budget, to be protected.
 
The thirteenth chapter resigns
Eightieth civil servants to resign, shall submit a written application to the organ. The appointment and removal of organs shall give approval within thirty days from the day of receiving the application, the leading members of the application shall resign, after receipt of the application within ninety days from the date of approval.
Eighty-first civil servants in any of the following circumstances, shall not resign from office:
(a) the minimum number of years of service specified by the state;
(two) in the case of a special post involving state secrets or leaving the above position for the time limit for acceptance;
(three) important business has not yet been completedAnd shall continue to be handled by me;
(four) being audited, disciplined, or suspected of committing a crime, the judicial proceedings have not been concluded;
(five) other circumstances that may not resign from public office as prescribed by laws and administrative regulations.
Eighty-second as a leading position of civil servants, due to changes in the work required to resign from the current position in accordance with the law, should fulfill the resignation procedures.
As a leading civil servant, for personal or other reasons, may voluntarily resign from leadership positions.
Leading members due to negligence of the work of serious mistakes, resulting in significant losses or adverse social impact, or major accidents leadership responsibility, should take the blame and resign from leadership positions.
Leaders should resign or for other reasons no longer fit for the current leadership positions, I do not resign, shall be ordered to resign from leadership positions.
Eighty-third civil servants in one of the following circumstances, be dismissed:
(a) in the annual assessment, for two consecutive years was identified as incompetent;
(two) incapable of work, and do not accept other arrangements;
(three) because of the need to adjust the work of the local authorities for the adjustment, revocation, merger or reduction of the posts;
(four) failing to perform the duties of civil servants, not observing the discipline of civil servants, and without any change in education, it is not appropriate to continue to work in the organs, and should not be dismissed;
(five) absenteeism or going out, leave expires without justification overstayed for more than fifteen days, or within one year of more than thirty days.
Article eighty-fourth shall not dismiss any of the following civil servants:
(a) because of disability, be sure the loss or partial loss of the ability to work;
(two) sick or injured, in the medical treatment period;
(three) during the period of pregnancy, maternity leave and lactation;
(four) other circumstances as prescribed by laws and administrative regulations.
Eighty-fifth dismissal of civil servants, in accordance with the management authority. The dismissal decision shall be notified in writing to the dismissed civil servant.
The dismissal of civil servants, can receive a refund according to the relevant provisions of the state speech or enjoy unemployment insurance.
Eighty-sixth civil servants to resign or be dismissed, should be handed over before the official handover procedures, if necessary, in accordance with the provisions of the audit.
 
Fourteenth chapter retirement
Eighty-seventh civil servants to meet the state's retirement age or completely lost their ability to work, should retire.
Eighty-eighth civil servants to meet one of the following conditions, I voluntarily apply the appointment authority for approval, early retirement:
(a) working years of thirty years;
(two) the retirement age less than five years from the state, and the working life of over the age of twenty years;
(three) other circumstances that meet the requirements of the state for early retirement.
Eighty-ninth civil servants retire, enjoy the state pension and other benefits, the state for their life and health to provide the necessary services and help to encourage the development of personal expertise, to participate in social development.
 
The fifteenth chapter appeals
Ninetieth civil servants involved my personnel handling dissatisfied with the following thirty days, can apply for a review of the personnel handling organs handling from the date that the results of the review; not satisfied, can be within fifteen days after receiving the decision on the review, in accordance with the provisions of a complaint to the administrative department of civil servants at the same level or the personnel handling organ; also can not be checked, since know the direct appeal within thirty days from the date of the personnel handling:
(a) punishment;
(two) dismissal or cancellation;
(three) demotion;
(four) periodic assessment as incompetent;
(five) removal from office;
(six) apply for early retirement, resignation not approved;
(seven) failing to determine or deduct wages, welfare and insurance benefits in accordance with the provisions;
(eight) other circumstances as prescribed by laws and regulations.
Those who refuse to accept the decision made by the organ at or below the provincial level may appeal to the authorities at the next higher level for handling the decision.
If an administrative organ refuses to appeal to the administrative supervision organ, the administrative organ shall handle the case in accordance with the provisions of the administrative supervision law of the People's Republic of China.
Ninety-first of the original processing organ shall review the application received after thirty days to review the decision. The organ that accepts the appeal of a civil servant shall make a decision within sixty days from the date of acceptance; the case may be extended appropriately, but the extension shall not exceed thirty days.
The implementation of personnel handling shall not be suspended during the review and appeal.
Ninety-second civil servants accepting the admissibility of the agency found that the personnel handling errors, the original processing authorities should be corrected in a timely manner.
Article ninety-third of the civil service that the organs and their leaders violated their legitimate rights and interests, the law may be submitted to the higher authorities or the relevant specialized agencies. The organ receiving the complaint shall handle it in accordance with the provisions.
Ninety-fourth civil servants filed a complaint, accusation, shall not fabricate factsFalse accusations against others.
 
The sixteenth chapter job appointment
Ninety-fifth organs according to the needs of the work, approved by the civil service departments at or above the provincial level, you can apply for a strong professional positions and auxiliary positions.
Where the posts listed in the preceding paragraph involve state secrets, the employment system shall not be adopted.
Ninety-sixth the engagement of civil servants can refer to the civil service examination procedure for open recruitment, but also from direct hiring qualified personnel.
The appointment of civil servants shall be carried out within the prescribed limits of preparation and the limits of wages.
Article ninety-seventh organs of civil servants, should be in accordance with the principle of equality and voluntariness, the principle of consensus, signed a written employment contract to determine the rights and obligations of both parties and civil servants. The employment contract may be modified or dissolved by mutual agreement.
The signing, modification or cancellation of the employment contract shall be reported to the competent civil servants at the same level for the record.
The ninety-eighth employment contract shall have the term of the contract, the position and the requirements of its duties, wages, benefits, insurance benefits, breach of contract and other provisions.
The term of the employment contract is one year to five years. The employment contract may stipulate the probation period, the probation period is one month to six months.
Appointment of civil servants in accordance with state regulations, the implementation of the agreement, the specific measures by the central civil service departments.
Ninety-ninth agencies in accordance with this Law and the employment contract for the management of civil servants.
100th countries to establish a personnel dispute arbitration system.
Personnel dispute arbitration shall, in accordance with the principles of legality, impartiality and timely handling, safeguard the legitimate rights and interests of both parties in accordance with the law.
Personnel dispute arbitration committee shall be established as required. The personnel dispute arbitration committee shall be composed of representatives of the civil service departments, representatives of the employment agencies, representatives of the appointment system of civil servants, and legal experts.
Where a dispute arises between the appointment of a civil servant and the institution where the contract is performed, it may apply to the personnel dispute arbitration committee for arbitration within sixty days from the date of the occurrence of the dispute. If a party refuses to accept the arbitration award, it may bring a suit in a people's court within fifteen days from the date of receiving the award. If a party fails to perform the arbitration award, the other party may apply to the people's court for enforcement.
 
The seventeenth chapter legal liability
101st of the violation of the provisions of this law case, and above the county level leadership organs or the departments in charge of civil servants in accordance with the management authority, different circumstances, be ordered to correct or declared invalid; of the leaders and directly liable persons, according to the seriousness of criticism or punishment; constitute a crime, shall be prosecuted for criminal responsibility according to law:
(a) not according to staffing quota or qualifications of civil service recruitment, transfer, promotion and appointment;
(two) failing to comply with the provisions of the civil service rewards and punishments, withdrawal and retirement;
(three) not according to the rules of procedure of the civil service recruitment, transfer, employment, promotion, competition, public selection and assessment, rewards and punishments;
(four) in violation of the provisions of the state, the civil service wages, benefits, insurance benefits;
(five) in the recruitment, competition for posts, open selection in the leakage of the test questions, violation of discipline and other serious impact on the open and fair;
(six) failing to accept and deal with the complaints and charges of civil servants in accordance with the provisions;
(seven) other circumstances in violation of the provisions of this law.
102nd civil servants resign or retire, formerly a leading member of the civil servants in the resignation of three years, leaving other civil servants in the two years, and not directly related to the original work of the business or other for-profit organization office, shall not engage in activities directly related to the original work of the profit-making activities.
Civil servants to resign or retire after the acts of violating the provisions of the preceding paragraph, the original organ where the civil service department at the same level shall be ordered to correct; if it fails to do so, the administrative department for Industry and commerce at or above the county level shall confiscate the illegal proceeds of the staff employed during the receiving unit will ordered the personnel to be repaying, and according to the seriousness of receiving the unit shall be punished by the staff of more than five times the illegal income imposed.
103rd authorities for specific personnel to handle the error caused by the damage to the reputation of civil servants, should apologize, restore reputation, eliminate the influence; causing economic losses, it shall pay compensation.
104th civil service departments of the staff, in violation of this law, breach of privilege, dereliction of duty, which constitutes a crime, criminal responsibility shall be investigated according to law; if no crime is constituted, punished.
 
The eighteenth chapter supplementary provisions
Article 105th the term "leader" as mentioned in this Law refers to the leader of an organ, and does not include a person who is a person in charge of a leading position within an organization.
106th laws and regulations authorized by the public affairs management functions of the institutions in addition to the work of the staff, with the approval of this law.
Article 107th this Law shall come into force as of January 1, 2006. The National People's Congress Standing Committee approved in October 23, 1957, the State Council announced in October 26, 1957 the "State Council on the state of the administrative personnel punishment Interim Provisions", in August 14, 1993 the State Council promulgated the "Provisional Regulations on civil servants" abolished at the same time.