Regulation on the Civilian Staff of the Chinese People's Liberation Army (2017)

 2018-07-04  69


· Document Number:Order No. 689 of the State Council and the Central Military Commission

· Area of Law: Personnel

· Level of Authority: Military Regulations

· Date issued:09-27-2017

· Effective Date:09-27-2017

· Status: Effective

· Issuing Authority: State Council Central Military Commission

 

Order of the State Council and the Central Military Commission
(No. 689)
The revised Regulation on the Civilian Staff of the Chinese People's Liberation Army is hereby issued, and shall come into force on the date of issuance.
Chairman of the Central Military Commission Xi Jinping
Premier of the State Council Li Keqiang
September 27, 2017
Regulation on the Civilian Staff of the Chinese People's Liberation Army 
(Issued by Order No. 438 of the State Council of the People's Republic of China and the Central Military Commission of the People's Republic of China on June 23, 2005 and revised by Order No. 689 of the State Council of the People's Republic of China and the Central Military Commission of the People's Republic of China on September 27, 2017)
Chapter I General Provisions
Article 1 This Regulation is developed for the purposes of regulating the management of civilian staff, safeguarding the lawful rights and interests of civilian staff, implementing the military-civilian integrated development strategy in the military human resources field, building a quality civilian staff team, and promoting the building of a revolutionary, modern and regular army.
Article 2 For the purposes of this Regulation, "civilian staff" means staff not on active duty who, as an integral part of the military, engage in management and professional technical work by assuming the offices in the military which are common for the military and the civilian, do not directly involve combats, or are unsuitable to be assumed in the manner of social guarantee.
A member of civilian staff shall, in the military and society, enjoy the corresponding rights as employees of the state according to the law and perform corresponding obligations.
Article 3 Civilian staff shall be managed by adhering to the principle of management of officials and talents by the Party, and implementing the policy of openness, equality, competition and selection of the best, according to statutory power, conditions, standards and procedures.
Article 4 The military shall manage civilian staff by rank and by category and improve or raise the efficiency and scientific level of management.
Article 5 The military shall develop civilian staff management and guarantee systems and mechanisms which are connected with the national public servant and public institution staff system and have comparative advantages.
Article 6 The Political Affairs Department of the Central Military Commission shall be responsible for the management of civilian staff of the military, and the political affairs department of a unit at or above the regiment level shall be responsible for the management of its civilian staff.
Article 7 The state and the military shall maintain the lawful rights and interests of civilian staff according to the law and encourage civilian staff to permanently and stably serve the building of the military.
The people's governments at all levels, their relevant departments, and the relevant military departments shall, according to division of duties, cooperate with each other to effectively conduct the work on civilian staff including education and training, household registration, social security, human resources management, and allowance and preferential treatment, and provide civilian staff with public services and facilitation.
Article 8 Any member of civilian staff who has made outstanding contributions shall be commended and rewarded according to the relevant provisions issued by the state or the military and granted a corresponding honor.
Disciplinary action shall be taken according to the relevant provisions issued by the military against any member of civilian staff who has violated the military discipline.
Chapter II Basic Conditions, Obligations and Rights
Article 9 A member of civilian staff shall meet the following basic conditions:
(1) Having nationality of the People's Republic of China.
(2) 18 years of age or over.
(3) Meeting the political conditions for recruitment and employment of civilian staff by the military.
(4) Meeting the qualification conditions required by the office.
(5) Physically and mentally healthy.
(6) Other conditions provided for in the laws and regulations.
Article 10 A member of civilian staff shall perform the following obligations:
(1) Remaining loyal to the country and to the Communist Party of China and endeavoring to serve the building of the military.
(2) Observing the Constitution, the laws, regulations and the relevant rules and systems of the military.
(3) Obeying orders, following command, abiding by the discipline, and keeping secrets.
(4) Conscientiously performing duties and endeavoring to improve work quality and efficiency.
(5) Remaining solidary, cooperative, diligent and dedicated, abiding by professional ethics, and observing social ethics as a role model.
(6) Learning and acquiring scientific, cultural and professional knowledge necessary for performance of duties and improving professional proficiency.
(7) As needed, participating in military training and non-combat military operation, assuming corresponding tasks for combat support and guarantee, and serving on active duty according to the law.
(8) Other obligations as prescribed by the laws and regulations.
Article 11 A member of civilian staff shall enjoy the following rights:
(1) Acquiring political honors, commendations and rewards.
(2) Acquiring salaries and remunerations and enjoying corresponding welfare treatment, allowance and preferential treatment, and social guarantee.
(3) Acquiring work conditions and labor protection necessary for performance of duties.
(4) Receiving training.
(5) Free from removal from office, demotion, dismissal, termination or rescission of employment contract, and disciplinary action, among others, except due to statutory cause or by meeting the statutory procedures.
(6) Applying for resignation or rescission of employment contract and disposition of labor disputes, filing an appeal, and bringing an action.
(7) Other rights prescribed in laws and regulations.
Chapter III Establishment of Offices
Article 12 The staffing for civilian offices shall be fixed by the Central Military Commission.
The staffing for civilian offices and the adjustment thereof shall be handled according to the prescribed power.
Article 13 The military shall develop a civilian office management system and control the total number, structural ratios and highest rank of civilian offices.
Article 14 Civilian offices shall be divided into management offices and professional technical offices.
"Management office" means an office assigned leading duties or tasked with management.
"Professional technical office" means an office for the job of professional technology and professional skills, requiring corresponding level and capability of professional technology and professional skills.
Article 15 The ranks of civilian offices are as follows:
(1) Management offices rank among themselves on a scale of one to nine in a descending order, i.e. deputy minister, bureau director, deputy bureau director, division head, deputy division head, section head, deputy section head, section member, and ordinary staff.
(2) Professional technical offices are divided into junior, middle and high-level offices and rank among themselves on a scale of one to 13 in a descending order.
Chapter IV Recruitment and Employment
Article 16 The military shall implement a recruitment and employment system combining public recruitment, direct introduction and shift of on-active-duty soldiers.
Public recruitment of civilian staff applies to recruitment and employment of civilian staff for management offices at or below the section-head rank and civilian staff for professional technical offices at or below the middle level.
Direct introduction of civilian staff applies to the selection of high-level talents and special talents.
The shifting of on-active-duty soldiers to civilian staff applies to selection of on-active-duty soldiers who meet retirement conditions and are to be resettled after retirement.
Article 17 The maximum age for a person to be recruited or employed for the first time as a civilian staff member is:
(1) 50 years of age for offices at and above the deputy-bureau-director rank or professional technical offices at and above Level seven;
(2) 45 years of age for offices from division-head to section-head ranks or professional technical offices from Level eight to Level tent; and
(3) 35 years of age for offices at and below the deputy-section-head rank or professional technical offices at and below Level 11.
Article 18 Public recruitment of civilian staff shall be generally conducted according to the procedures including plan development, information release, examination of status, unified exam, interview and checkups, political appraisal, publication of results, and approval and recordation. The exam shall be uniformly organized and implemented by the military.
The procedures as mentioned in the preceding paragraph shall apply, mutatis mutandis, to direct introduction of civilian staff and shift of on-active-duty soldiers to civilian staff. For the shift of on-active-duty soldiers to civilian staff, the procedures for retirement and resettlement shall be followed, and the national veteran resettlement department shall organize the implementation in conjunction with the Central Military Commission.
Article 19 Public recruitment and direct introduction of civilian staff shall be subject to the approval of the political affairs departments of units at and above the theater level; and the shift of on-active-duty soldiers to civilian staff shall be subject to approval according to the power of appointment and dismissal of civilian staff as specified in Article 30 of this Regulation.
Article 20 Members of civilian staff whose recruitment and employment have been approved shall be subject to the appointment system or the employment system according to the relevant provisions issued by the military.
An employer shall enter into an employment contract with any member of civilian staff subject to the employment system. Measures for the administration of employment contracts shall be developed by the Central Military Commission.
Article 21 The results of recruitment and employment of civilian staff shall be filed with the Political Affairs Department of the Central Military Commission level by level for recordation.
Chapter V Training and Appraisal
Article 22 The military shall train civilian staff by rank and by category as needed for performance of duties, improvement of knowledge structure and enhancement of professional proficiency by civilian staff.
Article 23 The training of civilian staff shall be divided into pre-job training, on-the-job training, professional training and task-specific training.
Civilian staff shall receive professional military education.
Article 24 The training of civilian staff shall be included in the military personnel training system for unified organization and implementation.
The military may use national and social resources to give civilian staff education and training.
Article 25 Civilian staff shall be comprehensively appraised from morality, skills, diligence, performance, integrity and physical conditions according to their duties and tasks.
Article 26 The appraisal of civilian staff shall be divided into daily appraisal, annual appraisal and office term appraisal. For a member of civilian staff subject to a probation period, probation appraisal shall be organized. For a member of civilian staff to be promoted to leader, pre-job appraisal shall be organized.
Article 27 The appraisal of civilian staff shall be organized and implemented by their employers or their superior units in general accordance with the procedures of personal work report, democratic evaluation, private interview, expert evaluation, performance analysis, and comprehensive assessment.
Article 28 The results of the annual appraisal or pre-job appraisal of civilian staff shall be divided into four grades, namely excellent, competent, basically competent, and incompetent. The results of probation appraisal and office term appraisal may either be qualified or failure.
Article 29 The training and appraisal of civilian staff shall be subject to registration administration.
Training information and appraisal results shall be used as the main basis of the appointment or dismissal, rank adjustment, determination of remunerations, reward and punishment, continuity of employment and competition for offices, and removal, among others, of civilian staff.
Chapter VI Appointment and Dismissal
Article 30 Appointment or dismissal of civilian staff necessary due to office determination or adjustment, resignation, retirement, or any other circumstance shall be handled according to the procedures provided for by the military.
The power of appointment or dismissal of civilian staff is vested in:
(1) the Central Military Commission, with respect to deputy-minister offices and professional technical offices from Level one to Level three;
(2) theater-level units, with respect to offices from bureau-director rank to division-head rank and professional technical offices from Level four to Level seven;
(3) corps-level units, with respect to offices from deputy-division-head rank to section-head rank and professional technical offices from Level eight to Level ten; and
(4) division-level and brigade-level units, with respect to offices at and below deputy-section-head rank and professional technical offices at and below Level 11.
Article 31 Civilian staff shall assume offices within the prescribed staffing standards when the corresponding offices become available.
Article 32 In the case of adjustment of the office, resignation, dismissal, termination or rescission of the contract, retirement, or disciplinary dismissal of a member of civilian staff, he is automatically removed from his original office.
Article 33 Civilian staff may be exchanged within the same employing unit as needed for the work or, in the case of a particular need, exchanged between employing units within their professional fields.
Chapter VII Adjustment of Office Ranks
Article 34 A member of civilian staff to be promoted shall have served in the current offices for a minimum period, meet corresponding qualification conditions, and have achieved competence or above in each annual appraisal within the prescribed minimum serving period.
Where a member of civilian staff achieves basic competence or below in an annual appraisal, he shall not be promoted within one year.
Article 35 Civilian staff to be promoted shall have served in the current offices for a minimum period of:
(1) fives years in management offices at bureau-director rank and deputy-bureau-director rank, four years in management offices from division-head rank to section-head rank, and three years in management offices at and below deputy-section-head rank; and
(2) four years in professional technical offices at middle and senior levels, and three years in professional technical offices at junior level.
Article 36 Civilian staff shall be generally promoted rank by rank. One with particular excellent performance may be promoted in advance, and one with particular excellent performance, as particularly needed for the work, may be offered skip-level promotion.
The demotion of civilian staff shall be governed by the relevant provisions of the military.
Article 37 The adjustment of the office ranks of civilian staff shall be approved according to the power of appointment and dismissal of civilian staff as mentioned in Article 30 in this Regulation.
Chapter VIII Education and Management
Article 38 An employer shall, according to the relevant provisions of the military and the requirements for the duties of civilian staff, effectively conduct the work of education and management of civilian staff and maintain a good order of combat readiness, training, work and life.
Article 39 An employer shall include the ideological and political education and management of Party and Youth League organizations of civilian staff in its political work plan, organize the implementation thereof and improve the ideological and political qualities of civilian staff.
An employer shall strengthen the safety management and confidentiality education of civilian staff and manage secret-related civilian staff according to the relevant provisions on the administration of secret-related personnel issued by the state and the military.
Civilian staff shall, in participating in social organizations and other organizations and their activities and in association with personnel outside the military, observe the relevant provisions issued by the military.
The military shall establish an oath taking system for civilian staff.
Article 40 The military may, as needed, dispatch civilian staff to travel overseas to execute tasks.
The outbound travel of civilian staff for personal purposes shall be subject to the relevant provisions issued by the state and the military.
Article 41 The withdrawal system shall apply to the recruitment and employment, appraisal, appointment and dismissal, adjustment of ranks, reward and punishment, disposition of personnel disputes, and other work in respect of civilian staff.
Article 42 Civilian staff shall wear the uniforms of civilian staff according to the relevant provisions issued by the military.
The standards of uniforms of civilian staff and their insignia shall be approved by the Central Military Commission.
Article 43 The appraisal of professional technical qualifications and vocational qualifications shall be subject to the relevant provisions issued by the state and the military.
When a member of civilian staff leaves the military, the professional technical qualifications or vocational qualifications acquired by him during his work in the military shall remain valid.
Article 44 Any personnel dispute between a member of civilian staff and his employer shall be disposed of according to the relevant provisions issued by the state and the military.
A member of civilian staff may apply for reexamination of or file an appeal against the appraisal results or disciplinary action decision in relation to him.
A member of civilian staff who considers that his employer or any relevant person has violated his lawful rights and interests may bring an action according to the law.
Article 45 The personnel archives of civilian staff shall be managed by the relevant departments of the military as provided for.
Article 46 A military employer shall undergo organization registration according to the relevant provisions issued by the state.
Chapter IX Treatment Guarantees
Article 47 The military shall establish a unified civilian staff remuneration system. The remuneration of civilian staff includes basic salary, allowances and subsidies.
Article 48 The housing of civilian staff shall be subject to a social, monetary guarantee policy, and the housing provident fund, housing allowance and rental allowance shall be governed, mutatis mutandis, by the standards determined in the policies for on-active-duty officials. The military may increase the housing allowance for any person meeting prescribed conditions.
Civilian staff may rent the dormitories of their employers or, if meeting the prescribed conditions, rent condominiums.
Article 49 The home leave, commuting allowance, checkups and child care, among others, of civilian staff shall be governed by the relevant provisions issued by the military.
Article 50 An employer and its civilian staff shall take out the basic medical insurance for employees, unemployment insurance and maternity insurance in the place where they are located, according to the provisions issued by the state and pay premiums. The measures for taking out pension insurance and work-related injury insurance shall be developed separately.
The military shall establish supplemental insurance for civilian staff according to the relevant provisions issued by the state.
Article 51 The military shall provide civilian staff with medical allowances. Civilian staff shall, in participating in military training, non-combat military operations and executing combat support and guarantee tasks, enjoy free medical care provided by the military.
Article 52 The compensation for injured and deceased civilian staff members shall be governed by the relevant provisions for the functionaries of the state. Measures for preferential treatment of civilian staff shall be separately developed.
The benefits and preferential treatment for civilian staff arising from their injury or death in participating in military training, non-combat military operations and executing combat support and guarantee tasks shall be governed by the relevant provisions of the Regulation on Benefits and Preferential Treatment for Soldiers, mutatis mutandis.
Chapter X Leaving the Military
Article 53 Civilian staff meeting the retirement conditions provided for by the state and the military shall retire. As particularly needed for the work, retirement age may be appropriately extended, provided that it is not five years more than the prescribed age.
Civilian staff shall, upon retirement, enjoy the corresponding treatment provided for by the state and the military.
Article 54 The resignation of civilian staff subject to the appointment system, or the dismissal thereof by their employers, shall be governed by the relevant provisions issued by the military.
The rescission or termination of employment contracts by civilian staff subject to the employment system or by employers shall be governed by the relevant provisions issued by the military.
Article 55 An employer may dismiss a member of civilian staff, or unilaterally rescind an employment contract, according to the law.
Under any of the following circumstances, an employer may neither dismiss a member of civilian staff nor unilaterally rescind an employment contract:
(1) The member suffers from an occupational disease.
(2) The member has a work-related injury and is determined by the labor capacity appraisal body to suffer disability at a degree between one and four upon completion of treatment.
(3) The member suffers a disease or an injury, and is in the prescribed medical care period.
(4) The member is a woman pregnant, in perinatal period, or nursing.
(5) Other circumstances as provided by the laws and regulations.
Article 56 A member of civilian staff may resign, or unilaterally rescind an employment contract, according to the law.
Under any of the following circumstances, a member of civilian staff may neither resign nor unilaterally rescind an employment contract:
(1) The state issues a mobilization order or declares a state of war.
(2) The troops receive combat tasks or are under a surprise attack by the enemy.
(3) The member is participating in military training or a non-combat military operation or executing a combat support and guarantee task.
(4) The member is undertaking a major task of the state or the military, and shall personally continue doing so.
(5) The member is under an auditing or disciplinary scrutiny, or suspected of a crime, and the judicial procedure is not completed.
(6) Other circumstances prescribed by laws or regulations, or stipulated in the employment contract.
Article 57 The personnel relations between a member of civilian staff and his employer shall be terminated on the date when the member leaves the military. The employer shall, according to the relevant provisions issued by the state and the military, undergo the relevant formalities for transferring the relations of civilian staff in respect of archives, social insurance, and housing provident funds, among others, to local governments in a timely manner.
Where the compensation circumstances specified by the state and the military are met, the employer shall compensate the member of civilian staff.
Article 58 Civilian staff's exit from the military shall be approved according to the power of appointment and dismissal of civilian staff as mentioned in Article 30 in this Regulation and filed with the Political Affairs Department of the Central Military Commission level by level.
Chapter XI Supplementary Provisions
Article 59 This Regulation shall apply to the civilian staff of the Chinese People's Armed Police Force.
Article 60 For high-level talents and particular professional talents urgently needed in the building of the military, special measures may be taken in the aspects including establishment of offices, recruitment and employment, training and appraisal, appointment and dismissal, adjustment of office ranks, and treatment guarantees of civilian staff, and specific measures shall be developed by the Central Military Commission.
Article 61 Specific measures for the shifting of on-active-duty soldiers to civilian staff during the adjustment and reform of the military system and staffing shall be separately developed.
Article 62 This Regulation shall come into force on the date of issuance.