Chapter 1 General Provisions
Article 1 These Regulations are formulated in accordance with the Constitution of the Communist Party of China (CPC), and relevant laws and regulations, in order to earnestly implement the Party's line, guiding principles and policies concerning cadres, establish a scientific and standardized system for the selection and appointment of leading Party and government cadres, form a vigorous and viable mechanism of selection and appointment favorable for talented people to come to the fore, foster a contingent of more revolutionary, younger, better educated and professionally more competent cadres, and build an echelon of high-caliber leading cadres of the Party and government who hold aloft the great banner of Marxism-Leninism, Mao Zedong Thought and Deng Xiaoping Theory and earnestly implement the important concept of the "Three Represents,"?so as to ensure the all-round implementation of the basic line of the Party and the smooth progress of the cause of building socialism with Chinese characteristics.
Article 2 In the selection and appointment of leading Party and government cadres, we must adhere to the following principles:
(1) The principle of cadres being administered by the Party;
(2) The principle of appointment of persons on their merits, moral integrity and professional competence;
(3) The principle of cadres being accepted by the masses of the people, and of emphasis on their actual performance and achievement;
(4) The principle of openness, equality, competition and selection of the best;
(5) The principle of democratic centralism; and
(6) The principle of doing things in compliance with the law.
Article 3 In the selection and appointment of leading Party and government cadres, we must meet the requirements of building a leading group into a structurally rational, united and firm leading collective that shall adhere to the Party's basic theory, basic line and basic program, serve the people wholeheartedly, and have the capability of exercising leadership over the socialist modernization drive.
Attention must be given to selecting and appointing outstanding young cadres.
Article 4 These Regulations shall apply to the selection and appointment of leading members of the working departments under the CPC Central Committee, the Standing Committee of the National People's Congress (NPC), the State Council, the National Committee of the Chinese People's Political Consultative Conference (CPPCC), the Central Commission for Discipline Inspection, or their internal organs; leading members (excluding the principals) of the Supreme People's Court and the Supreme People's Procuratorate, and their internal organs; leading members of all local Party committees, standing committees of people's congresses, governments, CPPCC committees, discipline inspection commissions, people's courts and people's procuratorates at and above the county level, and their working departments or internal organs; and leading members of the internal organs of the above departments.
The selection and appointment of leading members of Party committees, institutions under the direct administration of local governments, and mass organizations such as the trade unions, the Communist Youth League organs and the women's federations at and above the county level shall be carried out by referring to these Regulations.
The selection and appointment of leading cadres who are not Party members shall be carried out by referring to these Regulations.
The selection and appointment of cadres not in leading positions above the division level shall be carried out by referring to these Regulations.
Article 5 Party committees (leading Party members' groups) and their organization (personnel) departments shall select and appoint leading Party and government cadres in accordance with their power of authorization in the administration of cadres, and be responsible for the organization and implementation of these Regulations.
Chapter 2 Selection and Appointment Requirements
Article 6 Leading Party and government cadres should meet the following basic requirements:
(1) Attain the level of Marxism-Leninism, Mao Zedong Thought and Deng Xiaoping Theory as required for performance of their duties and responsibilities, earnestly implement the important concept of the "Three Represents," strive to analyze and solve practical problems from the Marxist standpoint, viewpoint and methods, adhere to the "three emphases" (on theoretical study, political awareness and moral rectitude) and be able to stand the test of storms and stress;
(2) Cherish a lofty aspiration for communism and unswerving confidence in socialism with Chinese characteristics, resolutely implement the Party's basic line, guiding principles and policies, be determined to carry out the reform and opening-up policy, be devoted to the cause of modernization, and work hard for the building of socialism and the making of concrete achievements;
(3) Adhere to the emancipation of the mind and the seeking of truth from facts, advance with the times, be enterprising and creative, earnestly conduct investigations and research, be able to integrate the Party's principles and policies with the practice of their own localities and departments, effectively carry out their work, speak the truth, aim at and stress practical results, and oppose formalism;
(4) Be highly dedicated to the revolutionary cause, have a high sense of political responsibility, possess practical experience, and have the organizational ability, educational level and professional knowledge commensurate with the work of leadership;
(5) Correctly use the power granted by the people, act in accordance with the law, be honest and just, be diligent in work for the people, set a good example with their own conduct, adhere to the style of arduous struggle and plain living, maintain close contacts with the masses, uphold the Party's mass line, conscientiously accept criticism and supervision from the Party and the masses, exercise self-discipline, self-examination, self-caution and self-motivation, oppose bureaucratism, and fight against the unhealthy tendencies of abusing power and seeking personal gains; and
(6) Adhere to and uphold the Party's principle of democratic centralism, foster the democratic style of work, have overall interests in mind, and be able to sum up correct opinions and unite with others, including those holding different opinions from one's own, for work in unison.
Leading Party and government cadres at the provincial and ministerial level must also strive to meet all requirements stipulated by the Party Central Committee for high-ranking officials.
Article 7 Those who are to be promoted to work at leading positions of the Party and the government must have the following qualifications:
(1) For promotion to a leading position at the county (division) level, one must have had at least five years of work experience and at least two years of experience working at the grass-roots;
(2) For promotion to a leading position above the county (division) level, one must normally have had experience working in at least two posts at the next lower level;
(3) For promotion to a leading position above the county (division) level, where a deputy is to be promoted to be the principal, one must have worked in the position of a deputy for at least two years; where a principal at a lower level is to be promoted to the position of a deputy at a higher level, one must have worked in the position of the principal at the lower level for at least three years;
(4) Normally, have a junior college education; for leading cadres of a prefecture (or department under a provincial government), a department (or bureau) under a ministry, or above, at least a university education is normally required;
(5) Have received accumulatively at least three months of training within five years at Party schools, administrative colleges or other training institutions approved by organization (personnel) departments; those who have failed to meet such a requirement before the promotion for some special reason must complete the training within the first year after the promotion;
(6) Be in good health;
(7) For promotion to a leading position in the Party, the candidate must have the length of Party standing as required by the Constitution of the Communist Party of China.
Exceptionally talented young cadres or those specially needed for work may be promoted regardless of these rules. The procedures for such promotion shall be separately formulated.
Article 8 Leading Party and government cadres shall be promoted step by step. Promotion by skipping one grade or more shall be subject to approval by the organization (personnel) department at the higher level.
Article 9 Leading Party and government cadres may be selected and appointed from among those working in Party and government institutions, or from outside these institutions.
Members of the leading groups of the Party and the government shall, as a rule, be selected from backup candidates.
Chapter 3 Democratic Recommendation
Article 10 In selecting and appointing leading Party and government cadres, it is imperative to determine the candidates for appraisal through a democratic process of recommendation. The democratic recommendation of candidates includes recommendation of candidates by way of voting at meetings and recommendation of candidates by way of interviewing individuals. The results of such democratic recommendations shall be valid for one year.
Article 11 When a leading group needs replacing due to expiry of the term of office, democratic recommendation shall be carried out in accordance with the full number of posts and positions; when an individual is to be promoted or appointed, recommendation shall be carried out in accordance with the position to be filled.
Article 12 When a leading group needs replacing due to expiry of the term of office, the following persons shall participate in the process of democratic recommendation:
(1) Members of the Party committee;
(2) Members of the leading Party members' group or all leading members of the standing committee of the relevant people's congress, government and CPPCC committee;
(3) Leading members of the relevant discipline inspection commission;
(4) Principal leading members of the relevant people's court, people's procuratorate, Party committee's working departments, government departments and mass organizations;
(5) Principal leading members of the Party committee and government at the next lower level; and
(6) Other persons required to participate.
If candidates for leading members of the standing committee of the relevant people's congress, government and CPPCC committee are to be recommended, principal leading members of the non-Communist parties, the federation of industry and commerce, and representatives of personages without party affiliation shall participate.
Article 13 When a leading group needs replacing due to expiry of the term of office, the democratic recommendation shall be presided over by the organization department of the Party committee at the higher level and follow the following procedures:
(1) Convene a recommendation meeting; announce the positions to be filled, conditions for appointment, and scope of candidates for recommendation; and provide the register of cadres and lay out the relevant requirements;
(2) Fill in the recommendation forms, and interview individual candidates;
(3) Separately calculate the numbers of recommended candidates for different positions at different levels, and make a comprehensive analysis of the situation;
(4) Report the recommendation to the Party committee at the higher level.
Article 14 When an individual is to be separately promoted and appointed, the participants in the democratic recommendation and the procedures of the democratic recommendation shall be carried out by referring to articles 12 and 13 of these Regulations.
Article 15 When a candidate is democratically recommended to be a leading member of a working department, leading members of the said department and its internal organs, principal leading members of its subordinate units under its direct leadership, and other necessary persons shall participate in the recommendation. If the size of the said department is small, all its staff shall participate in the recommendation process.
When a candidate is recommended to be a leading member of an internal organ, the recommendation shall be carried out by referring to the scope specified in the preceding paragraph.
Article 16 When a leading group needs replacing due to expiry of the term of office, a meeting of the secretary and deputy secretaries of the Party committee at the same level shall deliberate the choices of persons to be appraised, on the basis of information collected in the democratic recommendation provided by the organization department of the Party committee at the next higher level. The standing committee of the Party committee at the same level shall study and propose the list of candidates for appraisal and, having compared notes with the organization department of the Party committee at the next higher level, decide on the candidates for appraisal. A public notification concerning the candidates to be appraised for entering a leading group of the Party or government shall be made among the persons specified in Article 12 of these Regulations.
Where one person is to be promoted and appointed, the choice of candidates to be appraised shall be collectively studied and decided by the Party committee (leading Party members' group) or the organization (personnel) department on the basis of the democratic recommendation.
Generally speaking, the number of candidates to be appraised shall be more than the number of persons to be appointed.
Article 17 When a candidate is to be determined, the result of the democratic recommendation shall serve as one of the important bases of decision. However, it is necessary to guard against making a decision simply by the number of votes won.
Article 18 Anyone who recommends a person to be a leading cadre to a Party organization must write and sign a recommendation letter. After examination by the organization (personnel) department, the democratic recommendation shall be carried out in accordance with the stipulated procedures. If the person thus recommended does not enjoy the support of the majority of people in the unit where he or she works, such a person must not be accepted for appraisal.
Article 19 A person who is needed to be a leading member of a Party committee, a government or its working department for some special reason may be nominated by the relevant Party committee, government or department to be a candidate for appraisal.
Chapter 4 Appraisal
Article 20 Persons who have been determined to be candidates for appraisal must be strictly assessed by the organization (personnel) department in accordance with the authorization for the administration of cadres.
The appraisal of cadres under the dual administration of the relevant department and locality shall be conducted by the competent party, with the cooperation of the assisting party.
Article 21 When appraising candidates for appointment to leading positions in the Party or government, we must assess them in an all-round manner, including their integrity, ability, diligence, performance, and honesty, with the emphasis on their actual achievement, in accordance with the requirements for selection and appointment of cadres as well as the requirements of the duties and responsibilities of different leading positions.
Party committees (leading Party members' groups) at all levels shall formulate detailed appraisal standards in accordance with the requirements of the duties and responsibilities of each leading position.
Article 22 The appraisal of candidates for leading positions in the Party or government shall be subject to the following procedures:
(1) Setting up an appraisal team and drawing up an appraisal work plan;
(2) Comparing notes with and hearing the opinions of the principal leading member(s) of the Party committee (leading Party members' group) of the recommending unit or the candidate's work unit on the appraisal work plan;
(3) Issuing an advance announcement of the appraisal of cadres among a specified number of people in an appropriate manner in accordance with the different circumstances of the candidates to be appraised;
(4) The extensive and profound acquisition of information by means of interviews of individuals, the issuing of questionnaires, the holding of democratic opinion polls, on-the-spot investigation, perusal of relevant files, investigation of specialized items and the interviewing of candidates to be appraised;
(5) The comprehensive analysis of appraisals, and the exchange of views with the principal member(s) of the Party committee (leading Party members' group) of the recommending unit or the candidate's work unit; and
(6) After deliberation, the preparation by the appraisal team of a preliminary proposal for the shake-up of the leading group on the basis of information gathered through investigations, and the submission of the same to the organization (personnel) department that dispatched the appraisal team, the organization (personnel) department shall, after collective deliberation, prepare a proposal for the appointment and submit the same to the Party committee (leading Party members' group) at the same level.
Article 23 In the event of the appraisal of candidates to be appointed to leading positions in the Party or government of a locality, normally the scope of individual interviews and of people whose opinions are to be solicited shall be:
(1) Leading members of the Party committee and the government; principal leading members of the standing committee of the relevant people's congress, CPPCC committee, discipline inspection commission, people's court and people's procuratorate;
(2) Leading members of the candidate's work unit;
(3) Principal leading members of the relevant working departments or internal organs and the directly subordinate units of the candidate's work unit; and
(4) Other persons concerned.
Article 24 In the event of the appraisal of a candidate to be appointed for a position in the leading group of a working department, normally the scope of individual interviews and of people whose opinions are to be sought shall be:
(1) Relevant leading members of the institution immediately above the candidate's work unit;
(2) Leading members of the candidate's work unit;
(3) Principal leading members of the internal organs and the directly subordinate units of the candidate's work unit; and
(4) Other persons concerned.
In the event of the appraisal of a candidate to be appointed to a leading position in an internal organ, the scope of individual interviews and of people whose opinions are to be solicited shall be decided by referring to the above provisions.
Article 25 In the event of the appraisal of a candidate to be appointed to a leading position in the Party or government, opinions shall be solicited from the organization (personnel) department, discipline inspection commission (supervision department) and Party organization of the candidate's work unit. Where an audit of financial responsibility is necessary for a candidate, the audit should be carried out by commissioning an auditing organization in accordance with the relevant provisions.
Article 26 In the event of the appraisal of a candidate to be appointed to a leading position in the Party or government, materials collected through investigation must be submitted in written form, which shall then be filed for the record. After a candidate has been promoted and appointed, such materials should be placed in the file under his or her name. The appraisal materials must be factual, giving a complete, accurate and clear account of the person being appraised. These materials shall include the following:
(1) Basic performance and strong points in respect of integrity, ability, diligence, performance, and honesty;
(2) Major shortcomings and weaknesses; and
(3) Records of the democratic recommendation and democratic opinion poll.
Article 27 An appraisal team dispatched by a Party committee (leading Party members' group) or by the organization (personnel) department shall comprise two or more persons. Appraisal personnel should be of high quality and have corresponding qualifications. The person in charge of an appraisal team should be politically sound, rich in work experience and familiar with personnel work.
A responsibility system in respect of cadre appraisal shall be implemented. The appraisal team must adhere to principles, be fair and equitable, work in depth and meticulously, report faithfully the appraisal work and related opinions, and be held accountable to the appraisal materials.
Article 28 The appraisal team shall normally provide feedbacks collected during the appraisal process to the principal leading member(s) of the Party committee (leading Party members' group), as well as to the candidate himself or herself.
Chapter 5 Deliberation
Article 29 Before the appraisal, discussion and decision or submission of a decision, the choice of a candidate for a leading position of the Party or government shall be fully deliberated.
Article 30 Deliberation should be carried out among relevant leading members of the relevant Party committee (leading Party members' group), the standing committee of the relevant people's congress, government and CPPCC committee, respectively, in accordance with the different leading positions of the Party or government, and the circumstances of the person to be appointed.
In the case of a candidate for appointment as a leading member of a working department, the opinions of the leading member at the higher level who is in charge of the department should be solicited.
If a candidate to be appointed is not a member of the CPC, opinions should be solicited from the principal leading members of the Party committee's united front work department, non-Communist parties, the federation of industry and commerce and representatives of personages without party affiliation.
Article 31 In the case of the appointment or removal from office of a cadre under the dual administration of the relevant department and locality, the competent party should consult the assisting party in advance. A written form shall normally be adopted for canvassing opinions. The assisting party shall be deemed to have consented if it fails to give a reply within one month after the date of receipt of the request of the competent party. In the event of differing opinions between the two parties, if the person to be appointed or removed is the principal of a unit, the differences shall be submitted to the organization department of the Party committee at the next higher level for coordination; if the person to be appointed or removed is a deputy of a unit, the decision shall rest with the competent party.
Chapter 6 Discussion and Decision
Article 32 The selection or appointment of a leading Party or government cadre shall, after collective discussion, be decided by the Party committee (leading Party members' group) within the authorized power limit in respect of cadre administration. Or it may decide to make a recommendation or propose a nomination. Where the position is administered by the Party committee (leading Party members' group) at the higher level, the Party committee (leading Party members' group) of this level may make a proposal for the selection or appointment.
Article 33 A candidate to be appointed or recommended to be the head of the Party committee or the leading group of the government of a prefecture (prefectural-level city) or county (county-level city) shall be nominated by the standing committee of the Party committee (leading Party members' group) at the higher level, examined by the plenary session of the Party committee, and decided by a secret ballot. When the plenum of the Party committee is not in session, the standing committee of the Party committee shall make a decision. The standing committee shall, before the decision is made, consult all the members of the Party committee.
Article 34 When the Party committee (leading Party members' group) calls a meeting to discuss and decide the appointment or removal of a cadre, at least two-thirds of the committee members must be present, and it must be ensured that the members present at the meeting have sufficient time for the briefing and for fully voicing their opinions. Each member present at the meeting must explicitly express his or her consent, disagreement or reservation. On the basis of full discussion, a vote may be cast orally, by a show of hands or by a secret ballot. In the case of sharp disagreement or if some key issue is not clear, the vote should be postponed. Issues which affect the making of a decision must be promptly investigated and clarified after the meeting so as to prevent undue delay.
If a decision made by the Party committee (leading Party members' group) concerning the appointment or removal of a cadre needs to be reviewed, such a review may be carried out only when more than half of the members of the Party committee (leading Party members' group) agree to it.
Article 35 When a Party committee (leading Party members' group) discusses and decides on the appointment or removal of cadres, it should adhere to the following procedures:
(1) The leading member of the Party committee (leading Party members' group) who is in charge of the administration of cadres or the leader of the organization (personnel) department shall give an account in respect of nomination, recommendation and appraisal of each candidate, and give reasons for appointment or rejection.
(2) The participants in the meeting shall hold discussions.
(3) A vote shall be cast, and the decision shall be adopted if half of the Party committee (leading Party members' group) members who are entitled to attend the meeting vote in favor.
Article 36 When the promotion and appointment of a candidate needs to be examined and approved by the Party committee (leading Party members' group) at the higher level, a memo for instruction prepared by the relevant Party committee (leading Party members' group), together with an Examination and Approval Form for Cadres to Be Appointed or Removed, cadre appraisal material, personal file and minutes of the meeting of the Party committee (leading Party members' group), and discussion records, and information concerning democratic recommendation, shall be submitted. The organization (personnel) department at the higher level should examine the submitted documentation closely.
Article 37 When the appointment of a candidate needs filing for the record with the organization (personnel) department at the higher level, it shall be so filed promptly, in accor
dance with the provisions.
Chapter 7 Appointment
Article 38 A system of public notification before the appointment of a leading Party or government cadre shall be implemented.
Public notification concerning appointment of leading cadres of a prefecture (or department under a provincial government), a department (or bureau) under a ministry, or below, except for those in special positions or those who had undergone public notification when the leading group was replaced due to expiry of the term of office, should be carried out among a certain category of people in the period after the decision has been made through discussion by the Party committee (leading Party members' group) and before issuance of the appointment notice. The period for the public notification shall normally be seven to fifteen days. If the result of the public notification does not affect the appointment, the appointment formalities shall be performed.
Article 39 A probation system in the appointment of leading Party and government cadres shall be implemented.
The probationary period shall be one year for the following cadres, who are not elected but appointed to leading positions at and below the level of a prefecture (or department under a provincial government) and a department (or bureau) under a ministry:
(1) Deputies of a working department of a Party committee, the standing committee of a people's congress, a government or a CPPCC committee, and leading members of their internal organs;
(2) Leading members of the internal organs of a discipline inspection commission; and
(3) Leading members of non-state power departments of the internal organs of a people's court or people's procuratorate appointed in accordance with the law.
Upon expiry of the probationary period, if the appointee has been proved to be competent, he or she shall be officially appointed; if the appointee has been proved to be incompetent, he or she shall be removed from his or her probationary post and shall normally be assigned a post equivalent to that he or she held before the probationary period.
Article 40 A system of appointment shall be implemented for some of the leading positions requiring special expertise in Party or government institutions. Each term of appointment for a leading position under the appointment system shall not exceed five years, but the term may be renewed. The appointment procedures shall be formulated separately.
Article 41 When the appointment of a cadre is decided upon, the Party committee (leading Party members' group) shall designate a person to inform the appointee.
Article 42 The term of office of a leading position of the Party or government shall be calculated as follows:
(1) If the appointment is decided by a Party committee (leading Party members' group), it shall be calculated commencing from the date of the decision.
(2) If a person is elected and appointed by a Party congress, a plenary session of a Party committee, a plenary session of a discipline inspection commission, a people's congress, or a plenary session of a CPPCC committee, it shall be calculated commencing from the date of election and appointment.
(3) If the appointment is made or decided upon by the standing committee of a people's congress or the standing committee of a CPPCC committee, it shall be calculated commencing from the date of the appointment or the date when the appointment is decided upon.
(4) If a person is nominated by a Party committee to the government and is appointed by the government, the term of office shall be calculated commencing from the date of the appointment made by the government.
Chapter 8 Recommendation, Nomination and Democratic Consultation According to Law
Article 43 When a candidate to be appointed as a leading cadre is recommended by a Party committee to the relevant people's congress or its standing committee, and such a candidate must be elected, and appointed or decided for appointment by the people's congress or its standing committee, the Party committee should report its recommendation opinion in advance to the temporary Party organization of the people's congress, the leading Party members' group of the standing committee of the people's congress or the Party members on the standing committee of the people's congress. The temporary Party organization of the people's congress, the leading Party members' group of the standing committee of the people's congress, the members of the standing committee of the people's congress, and Party members among deputies to the people's congress should earnestly implement the recommendation opinion of the Party committee, take the lead in doing things according to law, and correctly carry out their duties and responsibilities.
Article 44 When a candidate to be appointed as a leading cadre is recommended by a Party committee to the relevant people's congress for its election and appointment, the Party committee shall submit a recommendation letter in its own name to the presidium of the people's congress, giving the particulars of the candidate and its reasons for the recommendation.
When a candidate to be appointed as a leading cadre is recommended by a Party committee to the standing committee of a people's congress, and such a candidate shall be appointed or decided to be appointed by the standing committee of the people's congress, the Party committee should do so in accordance with the stipulated procedures and give an account of the particulars of the recommended candidate before examination and deliberation by the standing committee of the people's congress.
Article 45 When a candidate to be appointed as a leading member of a working department or organ of a government is nominated by a Party committee to the government, and such a candidate shall be appointed by the government, the candidate shall be appointed by the government after the decision is made by the Party committee.
Article 46 When a leading group is to be replaced due to expiry of the term of office, the candidates recommended by a Party committee to be leading members of the standing committee of a people's congress, a government or a CPPCC committee, or to be principal leading members of a people's court or people's procuratorate, the Party committee should notify in advance and democratically consult principal leading members of the non-Communist parties as well as the relevant federations of industry and commerce and representatives of personages without party affiliation.
Article 47 Before a candidate recommended by a Party committee to be a leading cadre is elected and appointed by the relevant people's congress, or before the candidate is appointed or decided to be appointed by the standing committee of the people's congress, if the deputies to the people's congress or the members of its standing committee have different opinions about the recommended candidate, the Party committee should earnestly study the opinions and make necessary clarifications or explanations. If facts are found sufficient to affect the election or appointment, the Party committee may suggest to the people's congress or its standing committee to postpone the election, appointment or decision of appointment in accordance with the stipulated procedures. The Party committee may also recommend a new candidate.
Article 48 If a candidate recommended by a Party committee to be a leading cadre that should be elected and appointed by a people's congress as such fails in the election, such a candidate may be recommended for another position in accordance with the needs of work and his or her own qualifications, or may be recommended again for the same position at the next session of the people's congress.
If a candidate recommended by the Party committee to be a leading cadre that should be appointed or decided to be appointed by the standing committee of the people's congress fails to pass the examination of the standing committee, such a candidate may be recommended again, after further deliberation, in accordance with the needs of work and his or her qualifications at the next meeting of the standing committee of the people's congress. If such a candidate fails twice, he or she shall not be recommended again to be a candidate for the same position in the same locality.
Recommendation and nomination, through consultation, of candidates for leading members of a CPPCC committee shall be handled in accordance with the Constitution of the CPPCC and relevant provisions.
Chapter 9 Open Selection and Appointment Through Competition
Article 49 Open selection and appointment through competition shall be one of the methods for the selection and appointment of leading Party and government cadres.
The method of open selection and appointment through competition shall primarily apply to the selection and appointment of leading members of a local Party committee and local government departments or their candidates, leading members of internal organs of Party and government institutions or their candidates, and other leading positions applicable for such selection and appointment. Open selection shall be carried out publicly; while appointment through competition shall be carried out within the same unit or setup.
Article 50 The basic requirements and qualifications for persons who apply to participate in open selection or appointment through competition should be in compliance with provisions in articles 6 and 7 of these Regulations.
Article 51 Work concerning open selection and appointment through competition shall proceed under the leadership of the relevant Party committee (leading Party members' group), and be implemented by the organization (personnel) department. It shall be handled in accordance with the following procedures:
(1) Public announcement of positions; qualifications and requirements for applicants; basic procedures and methods;
(2) Registration and examination of qualifications;
(3) Unified examination (an opinion poll is needed for persons signing up for appointment through competition);
(4) Appraisal, deliberation and submission of a list of candidates by the relevant authority; and
(5) Decision made by the Party committee (leading Party members' group) after discussion.
Chapter 10 Position Shift and Avoidance
Article 52 A system of shift of position of leading Party and government cadres shall be implemented.
(1) Leading cadres to be shifted are primarily those who are subject to shifting due to the needs of work; for the sake of building up and enhancing their ability of leadership; because of having worked in one locality or department over a fairly long period of time; due to the need of avoidance in accordance with related provisions; or other reasons.
The main personnel to be shifted shall be leading members of the local Party committees and governments at and above the county level; and principal leading members of the discipline inspection commissions, the people's courts, the people's procuratorates, and some of the working departments under the Party committee or government.
(2) Any leading member of a local Party committee or government who has served in the same position for ten years must be shifted. Rules shall be separately formulated for ethnic autonomous areas.
The principal of the Party committee and the principal of the government of the same locality (department) shall, normally, not be sent to work elsewhere at the same time.
(3) Leading cadres at and above the division level in internal organs of the Party and government institutions who have served in the same position for a fairly long period of time should be shifted or put on the personnel rotation list.
(4) Personnel exchange may be carried out among regions or departments, between regions and departments, or between Party and government institutions on one hand and state enterprises and institutions or social organizations on the other.
(5) Those on the shift list who have received notice of appointment shall assume office within the time limit stipulated by the Party committee (leading Party members' group) or the organization (personnel) department.
(6) Leading members of a local Party committee or government should, in principle, serve until expiry of the term of office.
Article 53 An avoidance system concerning appointment of leading Party and government cadres shall be implemented.
Leading Party or government cadres who have husband-and-wife or other ties related to marriage, relations of lineal consanguinity or collateral blood ties within three generations must not serve in positions directly under the same leader in the same institution, or in positions whereby one is directly under the other, nor in an organization (personnel) department, discipline inspection (supervision) commission, auditing office or financial department of an institution in which the other person holds a leading position.
Anyone who serves as Party committee secretary of a county (city), mayor of a county (city), or in a principal leading position of a discipline inspection commission, organization department, people's court, people's procuratorate or public security bureau of a county (city) shall not normally serve in the place where he or she grew up. Rules shall be separately formulated for ethnic autonomous counties.
Article 54 An avoidance system concerning the work of selecting and appointing leading Party and government cadres shall be implemented.
When a Party committee (leading Party members' group) and its organization (personnel) department discuss matters concerning appointment or removal, the subject of the discussion and any person with a relationship to the subject of the discussion must be absent.
A member of a cadre appraisal team must withdraw if his or her relatives are involved in the appraisal work.
Chapter 11 Removal from Office, Resignation and Demotion
Article 55 A Party or government cadre should normally be removed from his or her current position in occurrence of any of the following circumstances:
(1) Having reached the age-limit for the position or the age for retirement;
(2) Having got more than one-third of the votes for the "unqualified" cadre grading category in a democratic opinion poll during the annual assessment or appraisal of cadres, and been certified by the authority as not up to standard; or
(3) The needs of work or other reasons.
Article 56 A resignation system for leading Party and government cadres shall be implemented.
Resignations shall include resignation because of needs of work, resignation of one's own accord, resignation for acknowledgement of one's mistakes and resignation by order.
The formalities for resignation shall be handled in accordance with the law or relevant stipulated procedures.
Article 57 Resignation due to the needs of work shall mean that a leading cadre may request the relevant people's congress, standing committee of the people's congress or CPPCC committee at the same level for resignation from his or her current position in accordance with the law or the Constitution of the CPPCC because of change of position due to the needs of work.
Article 58 Resignation of one's own accord shall mean that a leading Party or government cadre may request to resign from his or her current position due to personal or other reasons.
In the case of resignation of one's own accord, a written application must be submitted to the department that is in charge of appointment and dismissal for examination and approval in accordance with the authorized power limit. The appointment and dismissal department should reply within three months after the date of receipt of the application. Without approval, the applicant must not leave his or her post, otherwise he or she shall be subject to disciplinary sanction.
No Party or government cadre is allowed to apply for resignation in any of the following circumstances:
(1) Serving in a special position involving state security and the term for declassification has not yet expired;
(2) Important business requiring the services of the cadre is not yet completed; or
(3) Other special reasons.
Article 59 Resignation for acknowledgement of one's mistakes shall mean that a leading Party or government cadre who requests resignation from his or her current position due to a grave mistake or dereliction of duty which has caused serious losses or a baneful influence, or because he or she bears leading responsibility for a serious accident and it is no longer appropriate for this person to remain in his or her current position.
Article 60 Resignation by order shall mean that the relevant Party committee (leading Party members' group) and its organization (personnel) department hold that a leading Party or government cadre is no longer fit to hold his or her current position because of poor performance during his or her term of office, and order him or her to resign pursuant to certain procedures. In case the person refuses to resign, forcible removal shall ensue.
Article 61 A demotion system concerning leading Party and government cadres shall be implemented.
A leading cadre who is no longer fit to remain in his or her current position for lack of ability or other reasons shall be demoted. Salary and other benefits for a demoted cadre shall be decided in accordance with the standard commensurate with the new post.
Article 62 A cadre who has resigned for acknowledgement of his or her mistakes or by order or who has been demoted may assume the position again or be promoted and appointed to a new leading position in accordance with the relevant provisions if he or she has worked in the new post for more than one year, shown a good performance and meets the requirements for promotion and appointment.
Chapter 12 Discipline and Supervision
Article 63 In the selection and appointment of leading Party and government cadres, all provisions of these Regulations must be strictly observed. The following disciplinary rules must also be abided by:
(1) No extra leading cadres shall be appointed other than the set number; the ranks for cadres must not be enhanced in violation of the relevant provisions.
(2) A meeting of a Party committee (leading Party members' group) for collective discussion and decision on appointment or removal of a cadre must not be replaced by a Party secretary work meeting or by forms such as drawing a circle?by leading members.
(3) There shall be no interim motion for a decision of appointment or removal of a cadre.
(4) No individual is allowed to unilaterally decide the appointment or removal of a cadre, or to alter a decision of appointment or removal of a cadre collectively made by a meeting of a Party committee (leading Party members' group).
(5) No one is allowed to refuse a decision of transfer or personnel exchange made by a higher authority.
(6) No one is allowed to request promotion for his or her spouse, children or other relatives, or give instructions for the promotion of persons directly working for him or her, such as a secretary.
(7) No sudden promotion or adjustment of cadres is allowed by taking advantage of changes in an organizational setup or reshuffle of principal leading members. No person who has already left his or her position, is allowed to interfere with the selection and appointment of cadres made by his or her former unit.
(8) No activities contravening Party discipline, the law or relevant rules and regulations are allowed in the process of election.
(9) No one is allowed to conceal or distort facts, or disclose any information concerning the preparation and discussion concerning the appointment or removal of cadres during appraisal of the latter.
(10) No one in authority is allowed to appoint persons by means of favoritism, unilaterally hand out official posts, make lavish promises, practice irregularities for personal gains, practice factionalism, or take personal revenge.
Article 64 Matters concerning appointment or removal of cadres in violation of the provisions of these Regulations must not be approved. Any decision on appointment or removal of cadres thus made shall be null and void. The relevant Party committee (leading Party members' group) or the organization (personnel) department shall correct the decision within the limit of its authorized power for cadre administration, and impose organizational measures or disciplinary sanctions on the person chiefly responsible and other persons with direct responsibility for such cases.
A person who defies a decision from the authority concerning transfer or personnel exchange without a proper reason shall be instantly removed from office or demoted in accordance with the law and relevant provisions.
Article 65 A responsibility ascertainment system concerning the selection and appointment of leading Party and government cadres shall be implemented. In case serious consequences have been caused by erroneous choice of cadres, the responsibility of the person with chief responsibility and persons with direct responsibility shall be ascertained in accordance with the specific circumstances.
Article 66 A Party committee (leading Party members' group) and its organization (personnel) department shall exercise supervision and inspection over the work of cadre selection and appointment, and the implementation of these Regulations, accept and adjudicate complaints and appeals concerning the work of selection and appointment, stop and correct any act in violation of these Regulations, and put forward opinions or proposals for dealing with the persons responsible for such violations.
The relevant discipline inspection organization (supervision department) shall supervise and inspect the work of selection and appointment of cadres, in accordance with the relevant provisions.
Article 67 A system of joint meeting attended by the relevant organization (personnel) department, discipline inspection organization (supervision department) and other relevant departments shall be established in order to strengthen supervision of the work of cadre selection and appointment, exchange information and views, and voice opinions and suggestions. The joint meeting shall be called by the organization (personnel) department.
Article 68 A supervision responsibility system concerning the selection and appointment of leading Party and government cadres shall be implemented. In case of grave malpractices in personnel affairs, serious complaints from cadres or the public, or taking no proper action in dealing with acts in violation of organizational and personnel work discipline, the responsibility of the principal leading member of the Party committee (leading Party members' group) and the leading member of the Party committee (leading Party members' group) who is specifically in charge should be ascertained.
Article 69 In the work of cadre selection and appointment, the Party committee (leading Party members' group) and its organization (personnel) department must strictly abide by these Regulations, and conscientiously accept supervision by the authority and the masses. Institutions at a lower level as well as Party members, cadres and the masses shall be entitled to report or appeal against any act in violation of discipline and the provisions in the work of cadre selection and appointment to the Party committee (leading Party members' group), its organization (personnel) department or discipline inspection organization (supervision department) at the higher level. Departments or institutions receiving such reports or appeals shall verify and handle the matters in accordance with the relevant provisions.
Chapter 13 Supplementary Provisions
Article 70 Provisions in these Regulations for working departments shall also be applicable to administrative offices, representative offices and other directly subordinate organizations.
Article 71 In respect of selection and appointment of the Party and government cadres at the level of township (town or sub-district), the Party committees of provinces, autonomous regions and municipalities directly under the Central Government shall formulate corresponding implementation measures on the basis of these Regulations.
Article 72 Measures concerning the selection and appointment of leading cadres of the Chinese People's Liberation Army and the Chinese People's Armed Police Force shall be formulated by the Central Military Commission on the basis of the principles in these Regulations.
Article 73 These Regulations shall be interpreted by the Organization Department of the CPC Central Committee.
Article 74 These Regulations shall come into effect as of the date of promulgation. The Interim Regulations on the Work of Selecting and Appointing Leading Party and Government Cadres shall become simultaneously null and void.
Notes
9The CPC must always represent the requirements of the development of China's advanced productive forces, the orientation of the development of China's advanced culture, and the fundamental interests of the overwhelming majority of the people in China -- tr.
2To tick off or circle one's name on a document submitted for approval to mean that one has read the document -- tr.
(China.org.cn, 17thcongress.org.cn)
