Provisions on the Administration of Contractual Civil Servants (for Trial Implementation)

 2018-06-30  52



  • Area of Law Personnel
  • Level of Authority Group Provisions
  • Date issued09-2017
  • Effective Date09-19-2017
  • Status Effective
  • Issuing Authority General Office of the Central Committee of the Communist Party of China (General Office, CCCPC) General Office of the State Council

General Office of the CPC Central Committee and the General Office of the State Council Issuing the Provisions on the Administration of Contractual Civil Servants (for Trial Implementation)
(September 2017)
Chapter I General Provisions
Article 1 In order to improve the employment mechanism, meet the needs of organs for attracting and employing excellent talents, improve the professional level of the contingent of civil servants, standardize the employment of civil servants, and protect the lawful rights and interests of organs and contractual civil servants, these Provisions are developed in accordance with the Civil Servant Law of the People's Republic of China and other relevant laws and regulations.
Article 2 For the purpose of these Provisions, “contractual civil servants” means the staff members who are employed under contract, perform official duties according to the law and are members of the administrative establishment of the state, and whose salaries and welfare benefits are borne by the public finance of the state.
The posts involving state secrets shall not be subject to the system of employment under contract.
Article 3 The administration of contractual civil servants shall adhere to the principle that cadres and talents are under the administration of the Party, adhere to engaging people with both political integrity and professional competence and putting political integrity first, adhere to openness, equality, competition and selection on the basis of merits, adhere to attaching equal importance to supervision and restriction and incentive and guarantee, and be conducted according to the statutory limits of authority, requirements, standards and procedures.
Organs shall administer the civil servants they employ in accordance with the Civil Servant Law and employment contracts.
Article 4 The central administrative department of civil servants shall take charge of the comprehensive administration of contractual civil servants nationwide. The local administrative departments of civil servants at or above the county level shall take charge of the comprehensive administration of contractual civil servants within their respective jurisdictions. The administrative department of civil servants at a higher level shall guide the administration of contractual civil servants conducted by the administrative department of civil servants at a lower level. The administrative departments of civil servants at all levels shall guide the administration of contractual civil servants conducted by the organs at the same level.
Chapter II Position Setting and Recruitment
Article 5 Organs shall primarily employ civil servants to fill the posts with strong specialty; and, if there is truly a special need for work, may employ civil servants to fill auxiliary posts. The leading posts for civil servants to fill shall require strong specialty.
“Posts with strong specialty” means the posts with low alternative and requiring the professional knowledge and skills which can be obtained only through specialized study.
“Auxiliary posts” means the posts primarily undertaking administrative affairs, with an auxiliary role in the work of state organs.
Article 6 An organ shall, according to the needs of work, employ civil servants within the specified size of the establishment and the norm for its expenditures on salaries.
Article 7 To employ civil servants, an organ shall develop the working plan for position setting and recruitment. The working plan for position setting and recruitment shall include employment reasons, usage of the specified size of the establishment, the posts to be provided, the number of civil servants needed, qualifications, treatment, term of office, recruitment methods and procedures, among others.
The working plans for position setting and recruitment of the departments under the CPC Central Committee and state organs and the institutions directly under them shall be reported to the central administrative department of civil servants for approval. The working plans for position setting and recruitment of the organs below the provincial level and the institutions directly under them shall, after being examined level by level under procedures, be reported to the provincial administrative departments of civil servants for approval.
An administrative department of civil servants at or above the provincial level or an administrative department of civil servants at the level of a districted city approved upon authorization shall take charge of the specific organization and implementation of recruitment.
Article 8 A candidate shall meet, in addition to the qualifications specified in the Civil Servant Law, the qualifications required for the post he applies for as approved by the administrative department of civil servants at or above the provincial level.
A candidate shall not apply for a post that requires his avoidance of any civil servant working in the employing organ.
Article 9 To employ civil servants, an organ shall generally conduct an open recruitment among the general public. An open recruitment shall be conducted under the following procedures:
(1) Issuance of a recruitment announcement. A recruitment announcement shall specify the employing organ, the post to be held, duties, qualifications for the candidate, treatment, term of office, application methods, time and location, the materials required for applying for the post, and examination and assessment contents, time and location, as well as other matters for attention for applying for the post.
(2) Application and qualification examination. A candidate shall provide the organ with true and accurate application materials. The organ shall confirm within a specified time limit whether the applicant is qualified for applying for the post.
(3) Examination and assessment. The examination shall be conducted in forms of written examination and interviews, among others, and highlight post characteristics and focus on assessing the professional quality, business capacity and degree of matching with the post of applicants.
(4) Review and physical check-up. The organ shall, on the basis of the examination and assessment results, determine the candidates for review, and conduct review and physical check-up thereof. The review contents shall primarily include the political thought, moral quality, competence, study and work performance, work achievements, abidance by laws and disciplines, honesty and self-discipline and other aspects of a candidate.
(5) Publication. The organ shall, according to examination and assessment results, and the results of review and physical checkup, put forward a name list of candidates to be employed and publish it for a period of not less than five working days.
(6) Approval or recordation. After the expiration of the period of publication, if the candidates to be employed have no problem or the problems reported do not affect the employment thereof, the name list of candidates to be employed by a department under the CPC Central Committee or a state organ or an institution directly under it shall be reported to the central administrative department of civil servants for recordation, and the name list of candidates to be employed by a local organ at any level shall be reported to the provincial administrative department of civil servants or the administrative department of civil servants at the level of a districted city approved upon authorization for approval.
(7) Handling of employment formalities. The employing organ shall conclude employment contracts with the persons to be employed, and handle the relevant formalities.
In the case of the open recruitment of any post with strong specialty, upon approval by the administrative department of civil servants at or above the provincial level, the aforesaid procedures may be adjusted or simplified in an appropriate manner.
Article 10 Where any post with strong specialty is in urgent need of talents in work, candidates qualified for such post are rare, or it is difficult to conduct the open recruitment of such post, upon approval by the administrative department of civil servants at or above the provincial level, the organ may directly select and employ a qualified one from those who meet the conditions. Direct selection and employment shall be generally conducted under the following procedures:
(1) Proposing the name list of the candidates to be employed. The organ shall propose the name list of the candidates to be employed according to the information it gets usually or as recommended by the relevant entities, professional institutions, and experts working in the same sector, among others.
(2) Qualification examination. The candidates for the post shall be examined according to the recruitment qualification conditions, and the focus of examination shall be put on their political qualifications, work experience and work achievements.
(3) Examination and assessment. Examination and assessment shall be conducted primarily on the candidates' professional quality, business capacity and the degree of matching with the post in the manner of resume analysis, interview comparison, expert review, and performance assessment, among others.
(4) Review and physical check-up.
(5) Publication.
(6) Approval or recordation.
(7) Handling of the employment procedures.
Article 11 A person shall not be employed by an organ if he:
(1) had been once given a criminal punishment for committing any crime;
(2) had been once discharged from any public employment or had his employment or engagement contract rescinded by the organ or public institution due to his violation of disciplines or laws;
(3) is under investigation by a specialized organ for any suspected violation of laws or disciplines, for which no conclusion has been made yet;
(4) is during the period of being subject to disciplinary action or the disciplinary action effect period;
(5) is listed as the object of joint punishment for dishonestyunder the relevant provisions; or
(6) falls under any other circumstance that he should not serve as a civil servant as prescribed by any law or regulation.
Chapter III Employment Contract
Article 12To employ a civil servant, an organ shall, under the principles of equality, free will and consensus, conclude a written employment contract with the civil servant it is to employ to specify the rights and obligations of both parties.
Article 13 An employment contract shall includesuch clauses as the term of the contract, the post and the requirements thereof, working conditions, salary, welfare, insurance treatment, the circumstances under which the employment contract should be terminated, and liability for breach of contract.
The employing organ and the civil servant it is to employ may, as needed, agree on confidentiality management, limitations on obtaining employment after leaving the post and other matters not specified in the preceding paragraph in the employment contract.
Article 14 The term of an employment contract shall be one through five years, which shall be determined by the employing organ upon consultation with the civil servant to be employed according to the work tasks and objectives. Where the employment contract is concluded for the first time, a probation period of one through six months may be agreed on.
Where a civil servant is employed to hold a leading post, the term of the employment contract shall be three through five years, and the probation period shall be one year.
Article 15 An employment contract may be altered or rescindedupon the consensus reached by both parties through consultation. An employment contract shall be altered or rescinded in written forms.
Article 16 Where a person falls under any of the following circumstances, the employing organ may rescind the employment contract with him:
(1) He holds a concurrent post in any other entity without approval.
(2) He is unable to engage in the original work after the expiration of the prescribed period for medical treatment after falling ill or getting injured not for the performance of his duties.
(3) The performance of the contract cannot be continued due to the major change in the objective circumstances based on which the contract is concluded, and, no agreement is reached through consultation by both parties on the change of the contents of the employment contract.
(4) He falls under any other circumstance that the employing organ may rescind the employment contract with him as prescribed by laws or regulations or agreed on in the employment contract.
Where the employing organ rescinds the employment contract due to any of the circumstances as mentioned in items (2) and (3) of the preceding paragraph, it shall notify the contractual civil servant himself in writing 30 days in advance.
Article 17 Where a person falls under any of the following circumstances, the employing organ shall rescind the employment contract with him:
(1) He is unqualified for holding the post upon probation.
(2) He is determined as incompetent in the annual assessment during the term of employment.
(3) He fails to perform the duties of a civil servant, to observe the disciplines for civil servants, or to make any change for the better after persuasion, and, therefore, is unsuitable for continuing his work in the organ.
(4) He fails to perform the duties as agreed on in the employment contract for any personal reason other than those as mentioned in item (2) of paragraph 1 of Article 16 of these Provisions.
(5)He is absent from work without leave, or has failed to return to work after finishing business trip or upon expiration of leave without any justifiable reason for more than 15 consecutive days or for more than 30 days in accumulation within a year.
(6)He seriously violates disciplines or laws, or is held criminally liable in accordance with the law.
(7) Any other circumstance that the employing organ should rescind the employment contract with him as prescribed by laws or regulations or agreed on in the employment contract.
Article 18 Where a contractual civil servant falls under any circumstance that a civil servant should not be dismissed as prescribed in the Civil Servant Law, the employing organ shall not rescind the employment contract, except under the circumstance of item (1) of paragraph 1 of Article 16 or item (1), (3), (5), (6) or (7) of Article 17 of these Provisions.
Article 19 Under any of the following circumstances, a contractual civil servant may rescind his employment contract with the employing organ after notifying the employing organ in writing:
(1) The contractual civil servant is during the probation period.
(2) The employing organ fails to pay his salaries as agreed on in the employment contract or to pay social insurance premiums, among others, for him in accordance with the law, or to provide necessary working conditions.
(3) Any other circumstance that the contractual civil servant may rescind the employment contract as prescribed by laws or regulations or agreed on in the employment contract.
Article 20 A contractual civil servant may apply for rescinding the employment contract, except under any of the following circumstances:
(1) He has not finished the handling of important official business, which requires the continued handling by him in person.
(2) He is being subject to auditing or disciplinary investigation, or is a criminal suspect and the judicial proceedings have not been concluded.
(3) Any other circumstance under which the employment contract shall not be rescinded as prescribed by laws or regulations or agreed on in the employment contract.
A contractual civil servant that applies for rescinding the employment contract shall file such an application with the employing organ in writing, and the employing organ shall give him a reply within 30 days, and shall be deemed to have agreed with the rescission of the employment contract if it fails to give him a reply within the prescribed time limit. A contractual civil servant may not leave the post on his own before his application is approved.
Article 21 Where an employment contract is rescinded in accordance with item (2) or (3) of paragraph 1 of Article 16 of these Provisions, the employing organ shall pay economic compensation to the contractual civil servant. A contractual civil servant shall be given an economic compensation based on the number of years he has worked for the organ and at the rate of one month's salary for each full year he worked. A contractual civil servant who has worked for not less than six months nor more than one year shall be given an economic compensation of his monthly salaries; and a contractual civil servant who has worked for less than six month shall be given an economic compensation of one-half of his monthly salaries.
Where an employment contract is rescinded in accordance with item (2) of Article 19 of these Provisions, the employing organ shall pay salaries as agreed on in the contract, make a supplementary payment of social insurance premiums, and assume the corresponding liability for breach of contract.
Article 22 An employment contract shall terminate upon its expiration or the occurrence of the conditions for the termination of the employment contract as agreed on in the employment contract.
Where a contractual civil servant is during the prescribed period for medical treatment after falling ill or getting injured not for the performance of his duties, or where a female is during the period of pregnancy, maternity leave or breast-feeding, the term of the employment contract shall be extended until the disappearance of the relevant circumstance, except that the extension thereof is not required by the contractual civil servant himself or herself.
Article 23 At the time of rescission or termination of an employment contract, the employing organ shall issue a written certificate on the rescission or termination of the employment contract, and handle the transfer of personal archives and social security relationship and other formalities as required; and a contractual civil servant shall hand over official duties as required, and perform the relevant obligations as prescribed by laws and regulations and as agreed on in the employment contract.
Article 24 The conclusion, alteration, rescission or termination of an employment contract shall be reported to the administrative department of civil servants at the same level for recordation.
Chapter IV Routine Administration
Article 25 After a contractual civil servant is determined as qualified upon the expiration of the probation term, the employing organ shall make registration for the contractual civil servant in accordance with the relevant provisions, and manage and preserve his personnel archives.
Article 26 An employing organ shall, in accordance with the relevant provisions on civil servant assessment, and based on the employment contract, assess in an all round manner the morality, capability, diligence, achievement, and uprightness of a contractual civil servant, with focus put on assessing his completion of tasks determined in the employment contract. The assessment results shall be taken as the basis for the contractual civil servant's obtainment of salaries and rewards, among others.
The assessment of contractual civil servant shall adhere to the combination of routine and regular assessments. Regular assessment shall be generally conducted on a yearly basis; and, where necessary,employment-term assessment, performance assessment, objective responsibility assessment and other methods may be adopted. Assessment results shall be notified to the assessed civil servants.
Article 27 The post of a contractual civil servant shall generally not be changed during the term of employment.
An employing organ may continue the employment of a contractual civil servant upon expiration of the employment contract according to the work needs, assessment results and the will of the contractual civil servant himself and upon approval by the administrative department of civil servants at or above the provincial level.
Where a contractual civil servant who has outstanding performance, has made remarkable achievements or contributions, or is required in work on a long-term basis at his post with strong specialty has been employed for five full years, and his annual assessment results in the five years are “competent” or above, or his employment-term assessment result is “excellent,” he may be converted to a civil servant under the appointment system upon approval by the administrative department of civil servants at or above the provincial level.
Article 28 An agreed-upon salary system shall be implemented for contractual civil servants, and the salaries of contractual civil servants shall be generally paid on a monthly basis, or may be subject to the annual salary system or other special salary policies.
An employing organ shall, according to the post to be filled and in comprehensive consideration of the salary levels of the counterparts in the market and other civil servants in the entity and other factors, propose the salary required for the post to be filled, and report it to the department of human resources and social security and finance department at the same level for verification. The salary level of contractual civil servants shall be adjusted according to the adjustments to the salary levels of the counterparts in the market and other civil servants in the entity.
Article 29 Contractual civil servants shall enjoy housing and medical subsidies, among others, in accordance with the provisions of the state and as agreed on in the employment contracts.
Article 30 Contractual civil servants shall participate in basic pension insurance, occupational annuity , basic medical insurance, employment injury insurance, unemployment insurance and maternity insurance in accordance with the relevant provisions of the state.
Article 31 The expenditures for the salary, welfare, insurance and other treatmentof contractual civil servants may bearranged from government budgets.
Article 32 The state encourages contractual civil servants to make inventions and creations in the work, and rewards those who have achieved remarkable economic or social benefits.
Eligible contractual civil servants may, upon approval, participate in the selection of major central and local talent projects and scientific research projects at various levels.
Article 33 Where a dispute arises over the fulfillment of the employment contract between a contractual civil servant and the organ that employs him, an application for personnel dispute arbitration may be filed in accordance with the relevant provisions. Any party that is dissatisfied with the arbitration award may bring a lawsuit before a people's court in accordance with the relevant provisions. After the arbitration award comes into force, if either of the parties fails to comply with it, the other party may apply to the people's court for enforcement.
Chapter V Discipline Supervision
Article 34 Contractual civil servants must comply with the Civil Servant Law and other relevant laws and regulations and the disciplinary requirements as agreed on in employment contracts.
Where any contractual civil servant practices frauds, abuses his power, neglect his duties or practices favoritism or makes falsification or commits any other violation of disciplines or laws during the performance of his duties, he shall be criticized and educated, handled by the Party committeeor given disciplinary action in accordance with the relevant provisions; and where a crime is constituted, he shall be held criminally liable in accordance with the law.
Article 35 The open recruitment and the direct selection and employment of a civil servant by an organ shall be subject to supervision in accordance with the law. When organizing recruitment, the administrative department of civil servants and the organ shall accept tip-offs in a timely manner, and handle them according to their administration power.
Under any of the following circumstances, the administrative department of civil servants at or above the provincial level or the administrative department of civil servants at the level of a districted city approved upon authorization shall, in light of different circumstances, order the relevant organ to take corrective action or announce the employment as invalid; the person who takes the leadership responsibility and the directly liable persons shall be criticized and educated, handled by the Party committeeor given disciplinary action in light of the seriousness of the circumstances; and where a crime is constituted, criminal liability shall be investigated in accordance with the law:
(1) The employment fails to be conducted within the specified size of the establishment.
(2) The employment fails to be conducted according to the prescribed qualification conditions or procedures.
(3) Employment policies are issued or changed without authorization, causing adverse effects.
(4) Favoritism is practiced or falsification is made during the employment.
Article 36 Where any person engaging in the employment falls under any of the following circumstances, he shall be criticized and educated, handled by the Party committeeor given disciplinary action according to his administration functions and power and in light of the seriousness of the circumstances; and where a crime is constituted, he shall be held criminally liable in accordance with the law:
(1) Leaking examination questions or any other confidential information on recruitment.
(2) Practicing frauds during the employment.
(3) Taking advantage of his position to assist the candidates in cheating in the examination.
(4) Causing adverse consequences due to dereliction of duty.
(5) Conducting any other act in violation of laws or regulations or these Provisions.
Article 37 A candidate who violates the recruitment disciplines shall, in light of the seriousness of the circumstances, respectively be criticized and educated, be disqualified from the examination and assessment, review and physical check-up, not be employed, or have his employment contract rescinded, among others.
The determination and handling of a candidate's violation of disciplines or regulations in the examination and relevant links shall be governed, mutatis mutandis, by the relevant provisions on the handling of violations of disciplines and regulations in civil servant examination and recruitment.
Article 38 Unless under the circumstances as listed in Article 19 of these Provisions, where a contractual civil servant requests the rescission of the employment contract, in accordance with the relevant provisions on limitations of civil servants on obtaining employment, he shall not hold any post in an enterprise or any other for-profit organization that is directly related to his original work, nor shall he engage in any profit-making activity directly related to his original work within three years after he leaves his post if he holds a leading post before leaving office or within two years after he leaves his post if he holds a non-leading post before leaving office.
Chapter VI Supplementary Provisions
Article 39 Where there are other provisions on the employment of leading posts in any laws and regulations, such provisions shall apply.
Article 40 These Provisions shall apply, mutatis mutandis, to the staff members other than logistics workers employed by the organs (entities) that are administered by reference to the Civil Servant Law.
Article 41 The power to interpret these Provisions shall remain with the Organization Department of the CPC Central Committee, the Ministry of Human Resources and Social Security and the State Administration of Civil Service.
Article 42 These Provisions shall come into force on September 19, 2017. The Pilot Measures for the Administration of Contractual Civil Servants issued by the Organization Department of the CPC Central Committee and the Ministry of Human Resources and Social Security on January 28, 2011 shall be repealed concurrently.