The
Order of the Shenzhen Municipal People' s Government |
(No.
14) |
September
28, 1993 |
|
Measures on
Administration of the State Public Servants of the Shenzhen
Municipality, examined and adopted at the Fifty-First
Administrative Meeting of the Municipal People' s Government on
April 29, 1993, is now promulgated and takes effect as of the
date of its promulgation. |
|
Li Youwei |
Mayor |
|
Measures on Administration of the State Public Servants
of the Shenzhen Municipality
|
Chapter I General
Provisions
|
|
Article 1 In
order to establish the state public servants system of the
Shenzhen Municipality, ensure the
excellence and honesty of
public servants, and develop a highly efficient system for the
governmental
work, these measures are hereby formulated in
accordance with Provisional
Regulations on the State Public Servants. |
|
Article 2 Public
servants mentioned in these measures refer to the personnel of
the state administrative bodies
of various levels within the
Shenzhen Municipality except service workers. |
|
Article 3 These
measures shall apply to administration of public servants but
not to selection, appointment,
and removal of those who are
constituent members of the people' s governments of various
levels. |
|
Article 4 The
administration of public servants shall follow the principle of
democracy, openness, and adhere
to the employment standard based
on ability and integrity. |
|
Article 5 Public
servants shall fulfill the following obligations: |
(1)
to abide by the Constitution, law, and administrative
disciplines; |
(2)
to serve the people, maintain links with the masses, and
accept the masses' supervision; |
(3)
to protect the national interests as well as the
reputation of the government; |
(4)
to perform public duties in accordance with the state' s
law and policies; |
(5)
to be devoted to their duties and to complete the tasks
of their own job; |
(6)
to obey the leadership, carry out orders, and keep the
secrets of the state and their work; |
(7)
to be impartial, honest, and practical; |
(8)
to fulfill the other obligations provided for by the
Constitution and law. |
|
Article 6 Public
servants shall enjoy the following rights: |
(1)
to have the authority and working conditions which are
required for performing duties; |
(2)
to have remuneration, and enjoy insurance and welfare
benefits; |
(3)
to participate in training on political theories, science
and technology, and professional knowledge; |
(4)
to criticize and make suggestions on the work of their
units or the state administrative bodies at the higher levels
and their leaders; |
(5)
to be exempt from dismissal, demotion, discharging, or
disciplinary action without legal reason and legal procedure; |
(6)
to appeal and bring an accusation in compliance with
these measures; |
(7)
to resign in accordance with these measures; |
(8)
to have other rights provided for by the Constitution and
law. |
When
performing public duties according to law, public servants shall
be protected |
by
law. |
|
Article 7 The
salary of a public servant shall be determined in compliance
with the principle of distribution
according to work and the
rules on post-based salary and regular pay raise. |
The level of a public servant' s salary shall be about
the same as the level of the average wages for an equivalent
employee of the state enterprise in this city. The municipal
people' s government shall adjust
the salary scale and raise
the level of public servants' salary according to a plan and
in compliance
with economic development and the change of price
index of living cost. |
|
Article 8 The
department of personnel administration of the Shenzhen Municipal
People' s Government (hereinafter
referred to as "the
municipal department of personnel" ) shall be the functional
department of
public servants administration which is in charge
of formulating the rules of administration
of public servants and organizing their implementation, conducts
comprehensive administration
of public servants in accordance
with these measures, directs and supervises the administration
of public servants of the various departments of both the
municipal and district people' s governments, undertakes
the
specific tasks of public servants administration of the
municipal people' s government. |
The department of personnel administration of a district
people' s government (hereinafter referred to as "the
district department of personnel" ) shall be responsible |
for
comprehensive administration of public servants of the district,
undertake the specific tasks
of public servants administration
of the district people' s government. |
|
Chapter II Post
Classification
|
|
Article 9 Based on the
defined function, institution, and authorized size, an
administrative body shall set
up posts and make an analysis and
evaluation of the posts, classify and grade these posts and work
out instruction handbooks for them according to the nature of
work, the degree of hardship, the responsibilities,
and the
required qualifications of the posts, define the duties of the
posts and the qualifications
to take these posts, as the basis
for employment, assessment, promotion, exchange, training, and
remuneration. |
|
Article 10 The
posts of public servants shall be divided into two lines: the
posts of leading administrators
and the posts of non-leading
administrators. |
The posts of leading administrators shall be arrayed in
the following order: mayor, deputy mayor, secretary-general,
chief of bureau, chief of district, deputy secretary-general,
deputy of bureau, deputy of district,
chief of division, chief
of district bureau, deputy of division, deputy of district
bureau, chief
of section, deputy of section. The municipal and
district people' s governments and their subordinate
departments may set up posts of assistants to mayor, chief of
district, and chief of bureau to assist leading
administrators
in their work. |
The posts of non-leading administrators shall be arrayed
in the following order: inspector, assistant inspector,
investigation researcher, assistant investigation researcher,
chief of section staff, deputy of
section staff, member of
section staff, office worker. The above-mentioned posts may have
titles
in correspondence with the nature of their work. |
The posts of leading administrators and those of
non-leading administrators of deputy of section staff and above
shall be administered under control of the number of posts. |
|
Article 11 Public
servants shall be divided by ranks. Their ranks shall be
determined by the office in charge
of appointment and removal
according to their posts, responsibilities, work load,
achievements
and experience. |
|
Article 12 Public
servants undertaking professional and technological work may
apply, in compliance with the
requirements, to take the
nation-wide uniform exams for qualifications, and those who
succeed in
passing the exams shall obtain the qualifications for
taking the corresponding posts. |
|
Article 13 If
the departments of people' s governments at various levels have
to add, cut, or change the posts
to meet the needs of work, the
posts shall be redefined according to the rules. |
|
Chapter III Employment
|
|
Article 14 Employment
mentioned in these measures refers to selecting and employing
those outstanding persons
in terms of ability and integrity as
public servants at the section level and below, which shall be
done by the administrative offices at various levels through
open examinations and in due form. |
|
Article 15 Employment
of public servants shall be done within the limit of authorized
number of personnel.
All the departments of the municipal
people' s government and the district departments of personnel
shall report the vacancies of posts and the plans for employment
to the municipal department of personnel for
check and approval
at the end of every year, select and employ public servants
through the examination
according to the approved plans and
employment requirements. |
|
Article 16 The
office in charge of the examination for public servants
employment shall be the Shenzhen Examination
Committee for
Public Servants, and the municipal department of personnel shall
be responsible for
approval of employment. |
|
Article 17 Anyone
who wants to apply to take the examination for public servants
employment shall meet the
following requirements: |
(1)
to abide by the Constitution, law, and administrative
discipline, and to be of good character; |
(2)
to be willing to fulfill the obligations of public
servants and to abide by the discipline of public servants; |
(3)
to be at the age of more than 18 but less than 35, to
have proper educational background for the work to be engaged
in
and high school graduation as the minimum formal schooling; as
for taking Exams B and C listed
in Article 18 of these measures,
to be at the age extended to less than 40; |
(4)
to be healthy; |
(5)
to meet the other requirements of the municipal
department of personnel and the employment unit. |
|
Article 18 The
examination for public servants employment shall be divided into |
three
forms as Exam A, Exam B and Exam C: |
(1)
Exam A shall be an open competition to select public
servants from the current graduates from universities and
technological secondary schools, graduate students, personnel of
enterprises and institutions, and
other people of the society; |
(2)
Exam B shall be a limited competition to select public
servants from an employment unit' s own functional departmental
system or a certain group of people; |
(3)
Exam C shall be an individual recruitment to select
junior public servants from professionals engaging in special
jobs or military officers transferred to civilian work. |
Public
servants shall generally be selected through examination from
the people |
of
this city. If it is indeed necessary to recruit from on-the-job
cadres out of this city, Exam
B shall be the form for
examination. |
|
Article 19 The
selection and employment of junior public servants through Exams
A and B shall adopt the following
procedure: |
(1)
The municipal department of personnel shall give public
notice of the exams, accept applications and check
qualifications; |
(2)
Written exams and oral exams shall be given uniformly; |
(3)
Employment units shall check the qualified persons and
arrange physical examinations for them, make a name list for
employment and report to the municipal department of personnel
for approval. |
The
selection and employment of public servants through Exam C shall
adopt the |
following
procedure: |
(1)
Employment units shall check applicants; |
(2)
The municipal department of personnel shall examine and
verify, give oral exams or operation test, check and approve
employment. |
|
Article 20 For
the public servants who have been employed through Exam A, the |
probation
shall be 1 year. They shall become regular public servants if
they successfully passed
the examination at the end of the
probation; otherwise, they shall be removed from employment. |
|
Chapter IV Assessment
|
|
Article 21 The assessment
of public servants shall be done according to the principle of
objectivity, fairness,
democracy, and openness, by combination
of superior' s opinion with the masses' view, qualitative
evaluation with quantitative examination, check-up at ordinary
times with that on fixed dates. |
|
Article 22 The
municipal and district departments of personnel shall be
responsible for routine administration
of public servants
assessments at the levels of their respective governments. As
for the annual
assessment, all the government departments may
set up the committees or groups of assessment to be responsible
for supervision of assessment in their own departments as well
as for accepting and dealing with
appeal on assessment. |
|
Article 23 In
accordance with the extent of authority of public servants
administration, the assessment of
public servants at the bureau
level shall be made by democratic discussion and appraisal; as
for
the assessment of other public servants, it shall be done by
responsible chief administrators through annual work
evaluation
and appraisal. |
|
Article 24 The
contents of public servants assessment shall include integrity,
ability, diligence, and achievement,
and the work achievement
shall be the focus of assessment. |
As for the standard for specific evaluation and appraisal
of the contents of assessment, it shall be formulated by
the
municipal department of personnel. |
|
Article 25 The
routine assessment of public servants shall be done through
regular evaluation and appraisal
by their chief administrators
according to the responsibilities and requirements of their
work. |
|
Article 26 The
annual assessment of public servants shall be done through
comprehensive evaluation and appraisal
of their performance in
terms of integrity and ability and work achievements during the
entire
year, based on the routine assessments. The procedure
shall be as follows: |
(1)
The person under assessment shall make a work report in
writing to the person in charge of assessment. If the person
under assessment is a leading administrator, the written report
shall be made public to the subordinate
public servants and go
through their comments and appraisal. |
(2)
The person in charge of assessment shall write an
assessment remark based on the routine performance, annual work
report and comments, and in accordance with the standard of
appraisal, make an assessment grading,
consult with the person
under assessment. |
(3)
The department chief shall examine and approve the
assessment grading. |
|
Article 27 The
annual assessment grading shall have three grades: excellent, |
qualified,
and unqualified. |
The person under assessment shall be notified of the
result of annual assessment, which shall be kept in this
person' s file as a basis for promotion, demotion, post
adjustment, dismissal, salary raise, award
and punishment. |
|
Article 28 The
municipal and district people' s governments shall set award
funds for public servants assessment,
and enter them in the
annual expenses of the governments. |
|
Chapter V Awards
|
|
Article 29 The
administrative offices shall give awards to the public servants
with outstanding performance
and extraordinary achievements in
accordance with the principle of combination of spiritual
encouragement
with material rewards. |
|
Article 30 The
awards to public servants shall include commendation, merit
citation of third class, merit citation
of second class, merit
citation of first class and conferment of an honorary title. |
Except for the municipal people' s government which may
add items of awards because of special needs, no other
administration unit of this municipality shall set other items
of awards. |
|
Article 31 Public
servants shall be given awards if they have one of the following
conducts: |
(1)
having been devoted to their duties, diligent in their
studies, hardworking, and played an exemplary role; |
(2)
having abided by discipline and obeyed law, been honest
in performing their official duties, kept moral integrity,
been
fair and just in handling affairs, achieved outstanding deeds; |
(3)
having made an invention and done creative work or made a
rationalization proposal, resulting in extraordinary economic
gain and social benefits for this country; |
(4)
having taken a good care of public property, saved the
state assets, and led to outstanding results; |
(5)
having prevented or avoided a serious accident so that
either the interests of the nation and people are protected
from
damage or such damage is reduced; |
(6)
having performed extraordinary deeds in emergency
management and disaster relief; |
(7)
having achieved deeds of merit in fighting the acts of
violation of law and discipline; |
(8)
having made a great contribution to creating a new
situation in the work of their units; |
(9)
having won honor and gain for the country in
international intercourse; |
(10)
having had outstanding achievements in other respects. |
|
Article 32 The
extent of the authority to approve awards to public servants
shall |
be
as follows: |
(1)
The awards to the public servants at the division level
or below of the various departments of the municipal people'
s
government and the public servants at the section level or below
of the various departments of
the district people' s
governments shall be approved by the various departments of the
municipal
and district people' s governments; the awards to the
public servants at the division level of the various departments
of the district people' s governments shall be approved by the
district people' s governments. |
(2)
The merit citation of third class, second class for the
public servants at the division level or below shall be approved
by the municipal department of personnel. |
(3)
The awards to the public servants at the level of deputy
of bureau and above shall be approved by the municipal
people' s government. |
(4)
The merit citation of first class for public servants
shall be approved by the municipal people' s government. |
|
Article 33 For
public servants to be given awards, they shall be generally |
nominated
by their units or the leading administrator at the higher level,
or democratically recommended, and it shall be reported for approval in accordance with
Article 32; if it is a special case, an office at the higher
level may also give awards directly. |
As for conferring an honorary title on a public servant,
the procedure of check and approval and the way to give
awards
shall follow the rules of the state |
|
Article 34 The
award-giving office shall issue a certificate to and confer a
medal on a public servant who
has won the award. The following
material rewards may be also given by such office: |
(1)
a lump-sum bonus (trophy) for a public servant who has
been given an award of merit citation of third class or below; |
(2)
a pay raise up one grade for a public servant who has
been given merit citation of third class twice; |
(3)
both a pay raise up one grade and a bonus (trophy) for a
public servant who has been given an award of merit citation
of
second class or above. |
|
Article 35 If
the basis for giving an award has been found seriously
unfounded, |
the
approving office shall annul the decision of giving the award to
the public servant , take back
the award certificate, medal and
other material rewards. As for seeking awards through fraud and
deception, the related persons shall be held liable. |
|
Chapter VI Discipline
|
|
Article 36 Public
servants shall strictly abide by discipline, the following acts
shall not be allowed: |
(1)
to organize or participate in anti-government strike,
rally, parade, demonstration, signing, etc., spread the views
to
damage the reputation of governments; |
(2)
to organize or join illegal social groups; |
(3)
to neglect duties, affect the work adversely; |
(4)
to resist the superior' s decision and order; |
(5)
to refuse the superior' s assignment; |
(6)
to suppress criticism, retaliate; |
(7)
to resort to fraud and deception, cheat leading cadres
and the masses; |
(8)
to use the authority of office in pursuing private ends
for themselves and other people; |
(9)
to engage in business, run an enterprise, and take part
in other operations for profits; |
(10)to
spend the public money without restraint, waste the assets of
the state; |
(11)to
abuse power, infringe upon the interests of the masses,
jeopardize the relationship between
the government and the
people; |
(12)to
betray the state secrets and work secrets; |
(13)to
violate the related rules of the state in the activities
concerning foreign affairs; |
(14)to
participate in or support illegal activities such as
pornography, drug-taking, superstition,
gambling, etc.; |
(15)to
go against the professional ethics of public servants and social
morality and cause harmful
effects |
(16)to
commit other acts in violation of law and discipline. |
For
the public servants working in special departments and
positions, the appropriate |
special
disciplinary requirements may be formulated in compliance with
the needs of their work. |
|
Article 37 If a public servant has been involved in one of the acts
listed in Article 36 which has not constituted a crime or
has
constituted a crime but not made this person to be held for
criminal responsibility, a disciplinary
sanction shall be
imposed; if the case is not serious and the person involved has
made a correction
after being criticized and educated, the
exemption from the disciplinary sanction may be considered. |
|
Article 38 Disciplinary sanctions shall include: warning, recording
of a demerit, recording of a serious demerit, demotion,
dismissal, expelling. |
|
Article 39 The public servant who has been expelled shall not be
re-employed or re-appointed by any administrative office. The
public servant who has been dismissed shall be demoted at least
one level and transferred to another
post, the level of the rank
and salary shall be reduced correspondingly. The public servant
who
has been given a demotion shall be demoted one level or two
to three levels if the case is serious. |
If a disciplined public servant has been involved in
economic misbehavior, it shall be dealt with according to the
related rules of the state. |
During the term of sanction, a disciplined public servant
shall not be promoted in terms of both post and rank; for
a
public servant who has been imposed on a disciplinary sanction
other than warning, the level
of salary shall not be raised,
either. |
|
Article 40 Taking disciplinary action against a public servant shall
follow the legal procedure and come to a disciplinary decision
within the required time limit. It shall be done case by case
based on the facts, nature, circumstances,
damage and
consequences of the public servant' s mistake and in the light
of the person' s performance
over the long period of time and
his/her acknowledgement of the mistake so as to make sure that
the facts are clear, the evidence is irrefutable, the verdict is
accurate, the settlement is appropriate, and the
formalities are
complete. |
|
Article 41 The disciplinary sanction on a public servant shall be,
according to law, decided by the office in charge of appointment
and removal or the office in charge of administrative
supervision; if the sanction is expelling,
it shall be reported
to the office at the higher level to be put on file. |
If the various departments of a district people' s
government, a township people' s government expel public
servants, it shall be reported to the district people' s
government for approval. |
|
Article 42 The procedure to take disciplinary action against a
public servant who has violated discipline shall be as follows: |
(1)
the department the party concerned is affiliated with
shall investigate and verify the facts of the discipline
violation, make a proposal of sanction; |
(2)
the examination and approval of sanction shall be
conducted in accordance with the authority to approve the
decision of disciplinary sanction; |
(3)
the department the party concerned is affiliated with
shall inform the party concerned of the decision of sanction
before its announcement, ask the person to write comments and
sign the name; if the party concerned
refuses to do so, a
written report shall be filed to the office imposing the
sanction and placed
on the file of this person; |
(4)
the decision of sanction shall be announced to the party
concerned and circulated within certain people. |
If
a department in charge of administrative supervision places a
case on file to |
investigate
and impose a sanction on a public servant, the procedure shall
follow Regulations on
Administrative Supervision of the People' s Republic of China. |
|
Article 43 If a public servant has committed serious violation of
discipline, still had some problems under investigation before
a
decision can be made on sanction even though the facts are
generally clear, and been no longer
suitable to continue to work
on the current job or to assume the current duties, this
person' s
job may be rearranged or the official duties may be
temporarily terminated upon approval by the office in charge
of
appointment and removal. |
|
Article 44 The terms of sanction on public servants shall be as
follows: half a year for warning, one year for recording of
a
demerit and a serious demerit, two years for demotion and
dismissal. |
If the term of sanction comes to an end, the sanction
shall be removed for the public servant who has corrected the
mistake and behaved well. Within the term of sanction, if a
public servant has been graded as excellent
in an annual
assessment or made a special contribution, the sanction may be
removed before the
end of the term, but no more than a half of
the original term in advance. |
The removal of a sanction shall require the party
concerned to file a written application, the unit the person is
affiliated with to agree, and the original office imposing the
sanction to approve. The decision
to remove the sanction shall
be reported to the municipal department of personnel and the
department
in charge of administrative supervision to be put on
file. |
The removal of a sanction shall not be regarded as
restoring the original rank and post, but promotion in terms of
post and rank, and winning awards shall not be affected by the
original sanction. |
|
Chapter VII Post
Promotion and Demotion
|
|
Article 45 In the post
promotion of public servants, the principle of combination of
ability with integrity
shall be adhered to and the work
achievements shall be emphasized. |
The post promotion shall be conducted within the limit of
the number of posts authorized by the department in charge
of
the governmental establishment. |
|
Article 46 A
public servant shall meet the following requirements for
promotion in addition to policy comprehension,
professional
knowledge, and working ability required by the post this public
servant is going to
take: |
(1)
to have been graded as qualified in three consecutive
years' assessments; |
(2)
to meet the rule of avoidance for taking a post; |
(3)
to be healthy; |
(4)
to have formal schooling required for the post, i.e.,
graduation from high school or higher educational institution
for promotion to the posts at the section level, graduation from
university and college or higher
educational institution for
promotion to the posts of deputy of division and above; |
(5)
to have worked for more than 3 years at a post of the
next lower level to be qualified for promotion to the posts
of
deputy of section, deputy of division, and deputy of bureau; to
have worked for more than 2
years at a post of the next lower
level to be qualified for promotion to the posts of chief of
section, chief of division, and chief of bureau; |
(6)
to have had more than 2 years of experience of working at
a grass-roots unit to be qualified for promotion to the
leading
administrator posts of deputy of division and above; to have had
experience of working
at two units of the next lower level, in
addition, to be qualified for promotion to the leading
administrator posts at the bureau level; |
(7)
to be respectively at the age of less than 45, 50, and 55
for promotion to the leading administrator posts of deputy
of
division, chief of division, and deputy of bureau. |
If
there are other rules on the requirements for the post promotion
of public servants |
in
law and administrative regulations, they shall be followed. |
|
Article 47 If
a public servant before promotion has been graded as excellent
in two consecutive years' assessments
or conferred on an
honorary title by the municipal people' s government or the
government at the
higher level, promotion requirements (4), (5),
(7) in Article 46 of these measures may be properly relaxed, but
it shall be reported to the office at the higher level for
approval before the appointment has
been made. |
|
Article 48 The
post promotion of public servants shall proceed level by level
according to the fixed order
of posts. If there is a special
need of work, and a public servant is outstanding in both
ability
and integrity and has been graded as excellent in three
consecutive years' assessments before promotion, such person
may be promoted by two levels, but it shall be reported to the
office in charge of appointment
and removal at the higher level
for approval before the appointment has been made. |
|
Article 49 If
a public servant is promoted to the leading administrator post
at the level of deputy of section
and above or the non-leading
administrator post at the level of deputy of division and above,
there
shall be wide solicitation of opinions in the unit this
person is affiliated with. |
|
Article 50 If
a public servant is in one of the following situations, such
person shall not be promoted or
shall not be promoted for the
time being: |
(1)
being placed on file for investigation by the department
in charge of administrative supervision or judicial departments; |
(2)
being imposed on a disciplinary sanction which has not
been removed; |
(3)
officially applying for resignation, retirement or
transfer from the current work unit, which have not been decided
by the office in charge of appointment and removal; |
(4)
having less than 1 year left before retirement; |
(5)
being temporarily denied promotion by the unequivocal
decision of the department of personnel at the higher level
for
the reason of institutional changes, personnel rearrangement,
etc.; |
(6)
having other reasons for not being promoted or not being
promoted for the time being. |
|
Article 51 If
a public servant is promoted to the leading administrator post
at the |
level
of deputy of section and above or the non-leading administrator
post at the level of deputy
of division and above, probation
shall apply to such promotion. The term of probation shall be 1
year. |
The public servant on probation shall enjoy the post
treatment for probation. The person who has been graded as
qualified in the appraisal at the end of probation shall
continue to hold the post; the person who
has been graded as
unqualified shall be removed from the post on probation, and
have a reassignment
according to the original post level. |
|
Article 52 For
the public servants of the municipal people' s government to be
promoted, the following rules
shall be followed for examination
and approval: |
(1)
for the public servants to be promoted to the post at the
level of deputy of division and below, the various departments
of the municipal people' s government shall make appointments; |
(2)
for the public servants to be promoted to the post at the
level of chief of division, the various departments of
the
municipal people' s governments shall report to the municipal
department of personnel which
is responsible for making
appointments; |
(3)
for the public servants to be promoted to the non-leading
administrator posts at the bureau level or the leading
administrator posts at the bureau level but not as constituent
members of the government, the municipal
people' s government
shall make appointments. |
For
the public servants of a district people' s government to be
promoted, the |
following
rules shall be followed for examination and approval: |
(1)
for the public servants to be promoted to the posts at
the section level, the various departments of a district
people' s government shall report to the district department of
personnel which is responsible for
making appointments; |
(2)
for the public servants to be promoted to the posts at
the level of deputy of division or the posts at the level
of
chief of division but not as constituent members of the
government, the district people' s government
shall make
appointments; |
(3)
for the public servants to be promoted to the non-leading
administrator posts at the level of chief of division,
the
municipal department of personnel shall make appointments. |
|
Article 53 If
a public servant, who has a relative, such as one of those
listed in |
Article
75 of these measures, holding a post at the level of deputy of
bureau or above within the
same departmental system, is promoted
to the leading administrator post at the level of deputy of
section and above, it shall be reported to the municipal
department of personnel for approval and the appointment
shall
be made in accordance with the administration authority. |
|
Article 54 When
the various departments of the municipal people' s government
examine and approve the post
promotion of the public servants
under the control of the numbers of posts in accordance with the
defined authority and a district people' s government examines
and approves the post promotion of the public
servants at the
level of deputy of division and above, they shall report these
promotions to the
municipal department of personnel to be placed
on file; for the posts of deputy of division examined and
approved by the various departments of the municipal people' s
government and the posts of chief of division
examined and
approved by a district people' s government, the decisions of
appointments shall be
announced if only the municipal department
of personnel has not raised objections within 20 days after
reporting for records. |
If the various departments of the municipal people' s
government, the district people' s governments and their
departments have violated the related rules in Chapter VII of
these measures concerning the post
promotion of public servants,
the municipal department of personnel shall have the right to
enjoin
the departments in charge of examination and approval to
make a correction or to report to the municipal people'
s
government for approval of repeal. |
|
Article 55 The
basic procedure of the post promotion for a public servant shall
be as follows: |
(1)
a chief administrator makes a nomination; |
(2)
soliciting opinions from the masses; |
(3)
investigation done by the department of personnel of the
unit the public servant is affiliated with or by the municipal
and district departments of personnel; |
(4)
collective discussion by leading administrators; |
(5)
deciding the appointment in compliance with the authority
of approval; |
(6)
reporting the appointment to the department of personnel
at the higher level to be put on file according to the rules; |
(7)
announcing the decision of the appointment. |
|
Article 56 If
a public servant is in one of the following situations, the
person shall |
be
demoted: |
(1)
being graded as unqualified in an annual assessment; |
(2)
being found in an assessment as incompetent at the
current post and unsuitable to be transferred to the other posts
at the same level; |
(3)
having made a serious mistake and become unsuitable to
continue to hold the current post; |
(4)
the person asks to be switched to a post at the lower
level; |
(5)
having other reasons to be demoted. |
The
post demotion for a public servant shall be examined and
approved in |
accordance
with the authority of approval for the post promotion. |
|
Article 57 The
office in charge of appointment and removal shall make
adjustments of the levels of both rank
and salary in
correspondence with the post promotion and demotion for a public
servant. |
|
Chapter VIII Post
Appointment and Removal
|
|
Article 58 The assignment
system shall apply to the posts of public servants, and the
engagement system may
apply to some posts of public servants
with approval by the municipal people' s government or the
municipal department of personnel. |
|
Article 59 In
principle, a public servant shall take just one post, if it is
indeed necessary for the work,
a public servant may, with
approval by the office in charge of appointment and removal,
hold a
concurrent post which is similar to the person' s
current post in the nature of work or related to the current
post. The concurrent post shall be calculated in the numbers of
posts, but not in terms of the authorized
institutional size. |
A public servant shall not be allowed to hold a
concurrent post in an enterprise or institution for profits. |
|
Article 60 If a public servant is in one of the following
situations, an appointment shall be made to a post: |
(1)
having proved to be qualified on probation as a newly
employed person; |
(2)
being newly transferred to an administrative office; |
(3)
being switched to a new post; |
(4)
being promoted or demoted; |
(5)
being reassigned a post after resignation from a leading
administrator post, dismissal, or removal of a sanction; |
(6)
having other reasons to be reassigned a post. |
|
Article
61 If
a public servant is in one of the following situations, the
person shall |
be
removed from the post: |
(1)
the resignation from a public post has been approved or
the person has been discharged; |
(2)
having left the post to study for more than 1 year; |
(3)
having been unable to keep normal work for more than 1
year because of the state of health; |
(4)
having retired; |
(5)
the original post shall no longer be kept as a result of
the change of post or for other reasons. |
|
Article
62 The
extent of authority to appoint and remove public servants shall
be |
the
same as the extent of authority to approve the promotion and
demotion of public servants. If
a public servant, whose
appointment and removal is within the authority of an office at
the higher
level, holds a concurrent post at the same or lower
level because of the needs of work, it shall be reported in
advance to the office in charge of appointment and removal at
the higher level for approval. |
|
Article 63 The appointment and removal of public servants shall be
made public within a certain circle. To make an appointment
to a
leading administrator post, an appointment certificate signed by
the chief officer in charge
of appointment and removal shall be
issued. |
|
Chapter IX Training
|
|
Article 64 Administrative
offices shall train public servants according to a plan in
compliance with the needs
of social and economic development as
well as with the requirements defined by posts. The grades and
appraisal of training shall be taken as one of the bases for
public servants to be appointed and promoted. |
Shenzhen College of Administration and other training
institutions shall undertake the tasks of public servants
training in accordance with the related rules. |
|
Article 65 Public servants training shall be classified as follows: |
(1)
the training before and at the beginning of taking a post
for newly employed public servants; |
(2)
the qualification training for the public servants to be
promoted to leading administrator posts or for those on
probation after being promoted; |
(3)
the professional training needed for special tasks; |
(4)
the training for updating the knowledge of post-holding
public servants. |
|
Article
66
The fund for public servants training shall be entered in the
budgets by |
the
municipal and district people' s governments and used for such
purpose only. |
|
Chapter X Exchange
|
|
Article 67 Administrative
offices shall institute a system for the exchange of public
servants. The exchange
shall take several forms such as
transfer, switch, rotation, and temporary field work at a
grass-roots
unit with the original post kept for returning
public servant. |
Transfer refers to transferring of an office worker from
outside to an administrative office and of a member of the
personnel of an enterprise or an institution to an
administrative office to take a public servant
post at the level
of deputy of division and above, and it also refers to
transferring of a public
servant out of an administrative
office. |
Switch refers to switching of a public servant within
administrative offices in a department, or from department
to
department, from region to region, for the needs of work or
other reasons. |
Rotation refers to the job rotation for a public servant
holding a leading administrator post or a non-leading
administrator post for a special job at the end of the tenure. |
Temporary fieldwork means that an administrative office
selects post-holding public servants to go to grass-roots
units
or enterprises and institutions to take posts there for a
certain period. |
|
Article 68 The
transfer of a public servant at the bureau level shall be
approved by the municipal people'
s government; the transfer of
a public servant at the division level shall be approved by the
municipal
department of personnel or the district people' s
government; the transfer of a public servant at the section
level or below shall be approved by the various departments of
the municipal people' s government
and the district department
of personnel. |
|
Article 69 The
person transferred to an administrative office to take a post
shall have the competence required
by the post and the
corresponding qualifications. |
The person transferred out of an administrative office
shall not keep the public servant status, and the work
arrangement and salary level for this person shall be decided by
the admitting unit according to its
rules on personnel
administration. |
|
Article 70 The
switch of a public servant within a department, or from
department to department, from region
to region, shall be
conducted in accordance with the authority of appointment and
removal. |
Both transferring of a public servant from outside the
city and admitting of a public servant switched from outside
the
city shall follow the Shenzhen municipality' s rules on the
transfer of public servants. |
|
Article 71 The
administrative offices at the various levels shall conduct the
job rotation according to their
planning based on the tenures of
public servants. |
The public servant exercising authority of law
enforcement, examination and approval, and supervision shall be
put in rotation after having done the same job for 3 consecutive
years. |
The public servant who holds a leading administrator post
at the level of deputy of section or above but not as a
constituent member of the government shall be put in rotation
after having done the same job for
5 consecutive years. |
The public servant doing a professional and technological
job may not be put in rotation. |
If there is a failure to conduct the job rotation in
violation of these measures, the municipal and district
departments of personnel shall enjoin the related departments to
make a correction. |
|
Article 72 For
a public servant to be put in rotation, an assessment shall be
done before the rotation takes
place, an evaluation of
performing public duties may also be conducted if it is
necessary. The
person graded as unqualified in the assessment
shall be demoted and then put in rotation. If any act of
violation of discipline has been found in the evaluation, the
public servant to be put in rotation shall
be dealt with
according to the rules. |
|
Article 73 For
a public servant in the fieldwork, there shall be no change in
the person' s affiliation with
the original unit as a member of
its personnel as well as in the treatment based on the
person'
s post level. |
|
Article 74 The
municipal and district people' s governments and the municipal
department of personnel shall
check the exchange of public
servants of the various departments regularly and have the
authority
to decide the trans-regional, trans-departmental, and
trans-professional exchange of the public servants at the
division level and above. |
|
Chapter XI Avoidance
|
|
Article 75 The
public servants of the conjugal relationship, lineal relative
relationship, collateral relative
relationship by blood within
three generations, close relative relationship, or relationship
by
marriage (hereinafter referred to as "relative
relationship" ) shall take neither the posts under the same
chief administrator at the same unit nor the posts of the direct
subordinate relationship between the
higher and lower levels,
and shall not engage in supervision, auditing, personnel
administration,
and financial management at the unit where one
party of such public servants holds a leading administrator
post. |
|
Article 76 If the interests of a public servant or those who have
the relative relationship with this public servant have been
involved in performing of public duties, avoidance shall be
pursued. The public servant shall not
participate in the related
investigation, discussion, examination and verification,
decision, and
use influence in any form. |
|
Article 77 A public servant who holds a leading post in the
municipal or district people' s governments shall generally not
be allowed to take such a post in the person' s hometown. |
|
Article 78 For the public servants who have already had the relative
relationship before these measures are promulgated, the
unit,
which these persons are affiliated with, or the municipal and
district departments of personnel
shall decide the avoidance
according to the following rules: |
(1)
If the public servants hold the posts of different
levels, the person at the lower post shall pursue avoidance; but
in some specific cases, if it is needed for work, the person at
the higher post may also pursue
avoidance with approval. |
(2)
If the public servants hold the posts of the same level,
which party should pursue avoidance shall be decided in
compliance with the needs of work and the situation of the
parties concerned. |
|
Chapter XII Resignation
and Discharge
|
|
Article 79 Resignation
means that a public servant voluntarily resigns from the public
servant status (hereinafter
referred to as "public
employment" ) or from a leading administrator post. |
Discharge means that an administrative office terminates
the employment relationship with a public servant and also
this
person' s public servant status in accordance with these
measures |
|
Article 80 If
a public servant is in one of the following situations, the
person shall not be allowed to resign
or shall not be allowed to
resign for the time being: |
(1)
holding a post for the special job concerning the
national security; |
(2)
the person is engaging in the important and confidential
work or had engaged in the important and confidential work
which
is still within the term to be kept as secrets; |
(3)
undertaking an important task which will be seriously
damaged or adversely effected by the resignation; |
(4)
having not served for the required years after the
training which was assigned or financially supported by the
organization; |
(5)
having served less than 3 years after being employed,
transferred, switched from outside to an administrative office
of this municipality; |
(6)
being under the organization' s investigation which has
not been closed; |
(7)
being not suitable to resign for other reasons. |
|
Article 81 For
a public servant to resign, the person shall file a written
application |
and
the unit which the person is affiliated with shall give an
opinion, and the examination and
approval shall be done
according to the following rules: |
(1)
for a public servant to resign from a leading
administrator post, the examination and approval shall be done
and put on file according to the authority of appointment and
removal of public servants; |
(2)
for a public servant holding a post at the division level
or below but not as a constituent member of the government
to
resign, the municipal department of personnel shall do the
examination and approval; |
(3)
for a public servant holding a post at the level of
deputy of bureau or
a post at the bureau level but not as a constituent member of
the government to resign,
the municipal people' s government
shall do the examination and approval. |
After
a public servant has filed an application to resign, the unit
which the person is |
affiliated
with shall report it for examination and approval within 1
month, the office in charge
of examination and approval shall
make a decision on the examination and approval within 3 months
and notify the person in writing. |
If
the office in charge of examination and approval has not made a
decision |
after
the time limit of examination and approval set by the above
section, it shall be regarded
as approval of the resignation. |
|
Article 82 If
a public servant has left a post without authorization when the |
application
to resign is not approved, this person shall be expelled or
discharged according to
the seriousness of the case. |
|
Article
83 If a public servant
is in one of the following situations, the person shall |
be
discharged: |
(1)
having been graded as unqualified in two consecutive
years' annual assessments; |
(2)
having been graded as unqualified in the current year' s
assessment and refused to accept the job rearrangements
and
training or having been still unsuitable to the post after
training; |
(3)
having refused to accept the job rearrangements as a
result of the adjustments, closedown, merger, and downsizing
of
the unit; |
(4)
having refused to accept the job rearrangements when the
post avoidance and job rotation is implemented; |
(5)
having been absent without leave or failed to be back
after leave for more than 15 consecutive days or for 30 days
accumulated in one year; |
(6)
having committed illegal acts such as going whoring,
prostitution, drug-taking, gambling, etc.; |
(7)
having committed graft and embezzlement, and used power
for private gain, which have not constituted a crime; |
(8)
having been both unable to concentrate on work and slack
in work for a long time; |
(9)
having failed to fulfill the obligations of public
servants and to abide by their discipline, and having refused
to
make a correction despite repeated warning so that the
reputation of the government is adversely
affected; |
(10)
being unsuitable to continue to work in an administrative
office for other misdeeds or other reasons. |
|
Article 84 For
a public servant who should be discharged but meets one of |
the
conditions listed in Article 90 of theses measures, the
retirement ahead of time may be ordered. |
|
Article 85 If
a public servant is in one of the following situations, the
person may not be discharged for
the time being: |
(1)
being under treatment because of serious injury or
illness; |
(2)
being a female public servant in pregnancy, puerperium,
and breast-feeding; |
(3)
having other reasons for not being discharged for the
time being. |
|
Article 86 The
extent of the authority to approve the discharge of public
servants |
shall
be the same as the extent of the authority to approve the
resignation of public servants. |
A discharged person shall stop performing public duties
from the date of receiving the notice of discharging, complete
handing over the public duties within 10 days, and return public
property, documents and materials;
the person shall go through
financial auditing and public duties evaluation as well if it is
necessary. |
|
Article 87 The
treatment for public servants who have resigned or been
discharged shall be dealt with according
to the following rules: |
(1)
If a public servant has resigned from a leading
administrator post, the person may be switched to a non-leading
administrator post or transferred out of the administrative
office to take a post, the treatment
shall be determined
according to the new post. |
(2)
If a public servant has resigned from public employment,
the public servant status and treatment shall be terminated
from
the date of official approval of the resignation, the person may
look for another occupation,
but shall not be re-employed as a
public servant in 3 years. |
(3)
If a public servant has been discharged, the public
servant status and treatment shall be terminated from the date
of discharge, the person shall not be re-employed as a public
servant in 5 years. The discharged
person shall receive
severance pay. The standard of the severance pay shall be as
follows: 70%
of the original standardized pay in half a year
from the date of discharging; 50% of the original standardized
pay from the seventh month; no severance pay after one year. |
(4)
If a public servant has found a job in an enterprise or
institution within one year after the resignation or discharging
from public employment, the length of service shall be
calculated continuously without a break;
if the job is found one
year later, the length of service shall be calculated as the
original length
of service plus that on the new job. |
(5)
If a public servant has resigned from public employment
or been discharged, the person' s housing shall be arranged
according to the related rules of the municipal government. |
|
Article 88 If
a public servant has resigned from public employment or been |
discharged,
the person' s file shall be handed over to the municipal
service center of human resources
to be kept in storage. In case
of reemployment, the person' s file shall be delivered by the
center,
and the storage fee shall be charged according to the
rules. |
|
Chapter XIII Retirement
|
|
Article 89 Public
servants shall retire if a male has reached the age of 60 and a
female has reached the age
of 55, or anyone has lost work
ability, except for those the state has other rules to apply to. |
|
Article 90 If a public servant meets one of the following
conditions, the retirement ahead of time may be arranged after
the person has filed an application and obtained approval: |
(1)
the length of service is more than 30 years; |
(2)
a male has reached the age of 55 and a female has reached
the age of 50 if the length of service is more than 20
years; |
(3)
a male has reached the age of 50 and a female has reached
the age of 45 if the length of service for the special
jobs such
as firefighting, violence control, criminal investigation,
smuggling suppression, etc.
is more than 10 years or the person
was disabled in performing public duties. |
|
Article
91 For
a public servant who meets the conditions for retirement in
Article |
89
of these measures, the unit this person is affiliated with shall
complete the formalities for
retirement within 30 days after
his/her reaching the age, and no longer list the person on the
regular payroll. For a public servant who meets the conditions
for retirement ahead of time in Article 90 of these
measures,
the unit this person is affiliated with shall report to the
office in charge of examination
and approval within 30 days
after receiving an application from the person, the office in
charge
of examination and approval shall decide, within 30 days
after receiving the reported materials, if the retirement
be
allowed or not. |
If the office in charge of examination and approval has
not made a decision after the time limit set by the above
section, it shall be regarded as approval of the retirement. |
Retirement Certificate of Public Servant of the Shenzhen Municipality
shall be issued to a retired public servant. |
The extent of authority to examine and approve the
retirement of public servants shall be the same as the extent
of
the authority of appointment and removal of public servants. |
|
Article 92 After retirement, a public servant shall enjoy the
treatment stipulated by the state, and may be employed by the
state offices, enterprises, institutions and receive the
corresponding remuneration. |
|
Chapter XIV Appeal,
Accusation
|
|
Article 93 If a public
servant has refused to accept the following personnel decisions
concerning him/her,
an application for review may be filed to
the original office making the decision within 30 days from the
date of receiving the notice of the decision, or an appeal may
be lodged to the department of personnel
at the same level, as
for the complaint about the disciplinary sanction of the
decision, an appeal
may be lodged to the office in charge of
administrative supervision: |
(1)
the result of the annual assessment; |
(2)
the decisions on exchange, post level, dismissal,
demotion; |
(3)
the decision on retirement; |
(4)
the decision on resignation arrangements; |
(5)
the decision on discharging; |
(6)
the decision on disciplinary sanction; |
(7)
the decision on salary and welfare benefits. |
|
Article 94 If
an administrative office and its leading administrators have |
committed
the following acts to infringe upon the legal rights and
interests of a public servant,
this person may bring an
accusation to a higher office or the office in charge of
administrative
supervision: |
(1)
obstructing, suppressing the person in exercising the
right to appeal according to law; |
(2)
depriving the person of the legitimate political and
material treatment in violation of the rules; |
(3)
encroaching upon the person' s work achievements; |
(4)
distorting the facts to damage the person' s reputation
at the time of assessment, promotion, and sanction; |
(5)
the other acts to infringe upon the person' s legal
rights and interests. |
|
Article 95 The
office dealing with public servants' appeal and accusations
shall |
make
a settlement decision, give a notice of the decision to the
person who is appealing or bringing
an accusation and the unit
which this person is affiliated with. If the case is too
complicated
to be closed on time, the person appealing or
bringing the accusation shall be notified of the reason for the
delay within 5 days after the end of the time limit for making
such a decision. |
|
Article 96 If
a public servant has refused to accept a settlement decision, an
application for review may be
filed to the administrative office
one level higher than the original office making the decision
within 15 days from the date of receiving the settlement
decision. |
The office accepting the application for review shall
make a review decision within 30 days. |
|
Article 97 If
an administrative office has made a wrong decision on a public
servant, it shall be corrected
on time. If there is economic
damage, the office shall be held liable for compensation or
recovering
the damage; if there is damage to reputation, the
office shall be held liable for clarification. For those who are
responsible for infringing upon public servants' rights and
interests or those who retaliate the
persons for making an
appeal or bringing an accusation, the responsibilities shall be
ascertained. |
|
Article 98 After
resorting to appeal or accusation, a public servant may withdraw
such appeal or accusation
in writing when the office accepting
the case has not made a settlement decision, and this office
shall immediately stop the settlement procedure after receiving
the notice of withdrawal of the appeal or accusation. |
|
Article 99 A
public servant shall be truthful in appealing and accusing. If a
public servant has invented a
story and lodged a false
accusation against other people, this person shall be criticized
or disciplined
according to the seriousness of the case; if it
has constituted a crime, the criminal responsibility shall be
ascertained by the judicial departments according to law. |
|
Article 100 During
the period of appeal and accusation, the implementation of the
original settlement decision
by the administrative office shall
not be stopped. |
|
Chapter XV Supplementary
Provisions
|
|
Article 101 The salary,
benefits and insurance of public servants shall be stipulated in
the rules other than
these measures. |
|
Article 102 These
measures shall be interpreted by the municipal government. |
|
Article 103
The municipal department of personnel may formulate specific
rules on implementation according
to these measures. |
|
Article 104 These
measures shall take effect as of the date of promulgation. After
these measures take effect,
the office workers of the Shenzhen
municipal administrative offices who have not become public
servants through transition shall be administered in compliance
with these measures. If there is a conflict between
the
administration measures for the administrative office personnel
originally formulated by the
Shenzhen municipality and these
measures, the latter shall be followed. |