Interim Provisions on the Implementation of the Accountability System for the Leaders of the Party and Government

 2018-07-03  51


· Document Number:No.25 [2009] of the General Office of the CCCPC

· Area of Law: Government Affairs

· Level of Authority: Group Provisions

· Date issued:06-30-2009

· Effective Date:06-30-2009

· 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

 

Notice of the General Office of the CCCPC and the General Office of the State Council on Issuing the Interim Provisions on the Implementation of the Accountability System for the Leaders of the Party and Government
(No.25 [2009] of the General Office of the CCCPC June 30, 2009)
The Party committees and people's governments of all provinces, autonomous regions and municipalities directly under the Central Government, all departments of the Central Committee of the CPC, all ministries and commissions under the State Council, all headquarters of the Chinese People's Liberation Army, all large entities, and all people's organizations:
The Interim Provisions on the Implementation of the Accountability System for the Leaders of the Party and Government (hereinafter referred to as the “Interim Provisions”) have been approved by the Central Committee of the CPC and the State Council, and are hereby issued to you for your earnest implementation.
The issuance and implementation of the Interim Provisions is a major move for strengthening the construction of the legal system for combating corruption and advocating clean government and improving the code of conducts for leaders, which is of great significance to strengthening the administration and supervision of the leaders of the Party and government, enhancing their sense of responsibility, better implementing the scientific outlook on development and continually improving the Party's governing capacity and art of governance.
All leaders of the Party and government at all levels shall earnestly put into practice the tenet of serving the people heart and soul and, with the spirit of being highly responsible to the Party and nation and being highly responsible to the general public, effectively perform the functions entrusted by the Party and people and conscientiously finish each task. The Party committees and governments at all levels shall, in accordance with the Interim Provisions, strictly investigate the liabilities and let the accountability system play a positive role in building the Party's work style and the clean government.
All regions and departments shall timely report the situations and suggestions during the implementation of the Interim Provisions to the Central Committee of the CPC.
Interim Provisions on the Implementation of the Accountability System for the Leaders of the Party and Government
Chapter I General Provisions
Article 1 In order to strengthen the administration and supervision of the leaders of the Party and government, enhance their sense of responsibility and awareness of the overall situation, promote the thorough implementation of the scientific outlook on development, and improve the Party's governing capacity and art of governance, these Provisions are formulated in accordance with the Constitution of the Communist Party of China,the Regulations on Selecting and Appointing the Leaders of the Party and Government and other regulations of the Party, the AdministrativeSupervision Law of the People's Republic of China, the Civil Servant Law of the People's Republic of China and other laws and regulations of the state.
Article 2 These Provisions shall apply to the leading members of the departments of the CCCPC and the State Council and their internal bodies; the leading members of the local Party committees and governments at or above the county level and their departments, and the leading members of the internal bodies of the aforesaid departments.
Article 3 The implementation of the accountability system for the leaders of the Party and government shall follow the principles of strict requirements, seeking truth from facts, correspondence between powers and responsibilities, combination of punishment and education, relying on the masses and lawful and orderly operation.
Article 4 Where a leader of the Party and government is subject to accountability and shall be investigated for disciplinary liabilities, he/she shall be given a punishment under the Party discipline and government discipline. If he/she is suspected of committing any crime, he/she shall be transferred to the judicial organ for criminal liabilities pursuant to law.
Chapter II Circumstances, Methods and Application of the Accountability System
Article 5 Under any of the following circumstances, a leader of the Party and government shall be held accountable:
1. He/she makes serious faulty decisions, which leads to severe losses or adverse effects;
2. He/she neglects his/her duties, which leads to the occurrence of an extremely serious accident, incident, or case, or successive occurrences of serious accidents, incidents, or cases in the region, department, system or entity where he/she worked during a relatively short period, causing severe losses or adverse effects;
3. A functional department of a government has a poor administration and supervision, which leads to the occurrence of an extremely serious accident, incident, or case, or successive occurrences of serious accidents, incidents, or cases within the scope of its duties during a relatively short period, causing severe losses or adverse effects;
4. He/she abuses power in administrative activities, forces or instructs others to conduct illegal administrative activities or has a nonfeasance, which causes a mass incident or other serious incidents;
5. He/she improperly handles a mass or emergent incident, which worsens the situation and causes adverse effects;
6. He/she violates the relevant provisions on selecting and appointing cadres, which leads to the evaluation failure or faulty use of personnel, causing adverse effects; or
7. He/she conducts other neglect of duties, causing severe losses of national interests, human life and property and public property or causing adverse effects, etc.
Article 6 In case of any problem during the implementation of the accountability system for building the Party's work style and the clean government in this region, department, system or entity, the relevant leaders of the Party and government shall be held liable in accordance with the Provisions on the Implementation of the Accountability System in Building the Party's Work Style and the Clean Government.
Article 7 The methods for dealing with a leader of the Party and government who is held accountable shall include: ordering him/her to make a public apology, suspending his/her duties for self-questioning, his/her resignation after admitting mistakes, ordered resignation, and removal.
Article 8 Where a leader of the Party and government is under any circumstance prescribed in Article 5 of these Provisions and is under any of the following circumstances, a severer punishment shall be given:
1. Interfering with or obstructing the accountability investigation;
2. Practicing fraud or concealing facts;
3. Retaliating against or framing up the informant or accuser; or
4. Any other circumstance prescribed by any regulation of the Party or any law or regulation of the state, under which a severer punishment shall be given.
Article 9 Where a leader of the Party and government is under any circumstance prescribed in Article 5 of these Provisions and is under any of the following circumstances, a lighter punishment shall be given:
1. Voluntarily adopting measures to successfully avoid losses or eliminate effects; or
2. Actively assisting in the accountability investigation and actively assuming the liabilities.
Article 10 A leader who is subject to accountability shall be deprived of the qualification for being elected as the best and various kinds of advanced individuals through public appraisal in the current year.
A leader who is subject to the punishment of taking blame and resignation, ordered resignation, or removal shall not assume the leading position corresponding to his/her former post within one year.
A leader who is subject to the punishment of taking blame and resignation, ordered resignation, or removal may be assigned a proper position or corresponding job by the Party committee (leading Party group) or the government based on the administrative powers on cadres and in accordance with the work requirements and the long-term performance, specialty, etc. of the said leader.
If a leader who is subject to the punishment of taking blame and resignation, ordered resignation, or removal is to re-assume the leading position corresponding to his/her former post after one year, the formalities for examination and approval shall be gone through as required by the administrative powers on cadres, and the opinions of the organization department of the Party committee at the next higher level shall be solicited.
Chapter III Procedures for the Implementation of the Accountability System
Article 11 The accountability system for the leaders of the Party and government shall be carried out as required by the administrative powers on cadres. Disciplinary inspection and supervision organs and organization and personnel departments shall, in accordance with their administrative powers, perform the relevant functions prescribed in these Provisions.
Article 12 The accountability system for the leaders of the Party and government shall be carried out in accordance with the following procedures:
1. Where a disciplinary inspection and supervision organ finds out that the liabilities shall be dealt with after it, in accordance with the limit of powers and procedures, investigates the clues for the accountability of a leader of the Party and government as discovered through report by others, accusation, handling of serious accidents and incidents, investigation and dealing with cases, auditing or other means, it shall, as required by the administrative powers on cadres, put forward accountability suggestions to the accountability decision-making organ;
2. Where an organization and personnel department finds out that the liability shall be dealt with after it, in accordance with the limit of powers and procedures, investigates the clues for the accountability of a leader of the Party and government as discovered in the supervision of cadres, it shall, as required by the administrative powers on cadres, put forward accountability suggestions to the accountability decision-making organ;
3. The accountability decision-making organ shall make an accountability decision based on the accountability suggestions put forward by the disciplinary inspection and supervision organ or the organization and personnel department; and
4. After the accountability decision-making organ makes the accountability decision, the organization and personnel department shall handle the relevant issues, or the accountability decision-making organ shall order the relevant department to handle the relevant issues.
Article 13 When the disciplinary inspection and supervision organ as well as the organization and personnel department put forward accountability suggestions, they shall, at the same time, provide the accountability decision-making organ with the relevant factual materials and information and other materials that need to be provided.
Article 14 Before making an accountability decision, the accountability decision-making organ shall listen to the statements and arguments of the leader of the Party and government who is subject to accountability and keep them on record; his/her reasonable opinions shall be adopted.
Article 15 Where the facts are clear and therefore no accountability investigation is necessary, the accountability decision-making organ shall directly make an accountability decision.
Article 16 The accountability decision for the leader of the Party and government made by the accountability decision-making organ in accordance with the administrative powers on carders shall be made through the collective discussion of the leading group.
Article 17 An Accountability Decision for the Leader of the Party and Government shall be made for dealing with the liabilities of the leader of the Party and government. The Accountability Decision for the Leader of the Party and Government shall be drafted by the disciplinary inspection and supervision organ or the organization and personnel department responsible for investigation on behalf of the accountability decision-making organ.
The Accountability Decision for the Leader of the Party and Government shall specify the facts, basis and methods for accountability, the approval authority, the effective time, the time limit for the appeal of the party and the acceptance organ, etc. Where a decision of ordering him/her to make a public apology is made, the methods and scope, etc. for public apology shall also be specified.
Article 18 The Accountability Decision for the Leader of the Party and Government shall be delivered to the leader of the Party and government who is subject to accountability and the entity where he/she works.
After the accountability decision-making organ makes the accountability decision, it shall send a special person to talk with the leader of the Party and government who is subject to accountability so as to do a good ideological work, and urge him/her to do well the follow-up work including the handover, etc.
Article 19 The organization and personnel department shall timely put the relevant accountability materials of the leader of the Party and government into his/her personal archives, report the implementation thereof to the accountability decision-making organ and give a reply to the organ which puts forward accountability suggestions.
The information on the accountability of the leader of the Party and government shall be reported to the organization and personnel department of the next higher level for archival purposes.
Article 20 The accountability decision shall generally be made known to the public.
Article 21 The accountability of a leader, who is elected or appointed by the People's Congress and its standing committee at each level, shall be dealt with in accordance with the procedures prescribed by the relevant laws.
Article 22 The leader of the Party and government who is subject to accountability may, within 15 days after receiving the Accountability Decision for the Leader of the Party and Government, appeal against the accountability decision to the accountability decision-making organ in a written form if he/she refuses to accept it. The accountability decision-making organ shall make an appeal handling decision within 30 days after receiving the written appeal and notify the petitioner and the entity where he/she works of the appeal handling decision in a written form.
Article 23 The implementation of the accountability decision shall not be suspended during the period of the appeal of the leader of the Party and government who is subject to accountability.
Chapter IV Supplementary Provisions
Article 24 These Provisions shall apply to the accountability of leading members of the Party and government in villages (towns or communities).
The accountability system for the leaders of the Party committee at or above the county level, public institutions directly under the government and state-owned enterprises and state-owned financial enterprises shall be implemented by reference to these Provisions.
Article 25 The powers to construe these Provisions shall remain with the CPC Central Commission for Disciplinary Inspection and the Organization Department of the CPC Central Committee.
Article 26 These Provisions shall come into force as of the date of promulgation.