VIII. The System of Civil Servant
I. The civil servant

1. Concept and scope

Civil servants refer to all the staff, except employees doing what amounts to blue-collar jobs, working in state administrative organs who implement state administrative power and conduct public services according to law. They also include staff in other units which also have state administrative functions and conduct administrative activities.

2. The rights and obligations of civil servants

(1) The rights of civil servants

They shall not be removed, demoted, sacked or administratively penalized without due process of law or not on ground of legal reasons. They have the right to the power necessary to conduct their duties; the right to remuneration for their work and insurance and welfare benefits; the right to take part in training; the right to make suggestions and criticisms; the right to make appeals and charges; the right to resign according to law; and the right to enjoy the Constitution and other rights prescribed by law.

(2) The obligations of civil servants

To abide by the Constitution, laws and regulations; to carry out their obligations according to laws, regulations and policies of the state; to accept the supervision of the masses and work hard to serve the people; to safeguard national security, honor and interests; to be devoted to their duties and follow orders; to maintain state secrets; to be honest and upright; to observe other obligations prescribed by the Constitution and law.

II. The administrative organs of civil servant

The administrative organs of civil servant is composed of the Ministry of Personnel, and bureaus of personnel in various ministries, commissions and offices under the State Council, personnel departments in various organs of local governments at and above the county level and in organs under them.

1. Comprehensive administrative organs

They refer to administrative organs established within governments at all levels, having a multitude of administrative functions, with administrative power not limited to departments at the same level and with matters rather than individual civil servants as the target of their work, and with administrative powers of a macro and indirect nature.

Their major functions are:

(1) Draw up civil servant administrative regulations and standards;

(2) Conduct guidance to personnel departments in the governments at the same level or lower levels;

(3) Conduct organizational coordination on matters involving different departments or areas;

(4) Carry out the right of examination and approval according to division of administrative powers; and

(5) Conduct supervision over the administration of civil servants.

2. Departmental administrative organs

They accept leadership from officials in charge of the departments and are responsible to them. At the same time, they also accept the guidance and supervision of the personnel departments of the governments at the same level and conduct civil servant administrative responsibilities within their respective departments.

Their major functions and powers are:

(1) The right of recruiting;

(2) The right of checking and examining;

(3) The right of conferring awards and meting out punishment;

(4) The right of promotion and demotion;

(5) The right of making appointments and removals;

(6) The right of sacking; and

(7) Other rights of deciding personnel matters.

III. The administration of civil servant

1. Position categories

Posts of civil servants are classified into leading position and non-leading positions.

(1) Positions of civil servants

Leading positions

These positions, consisting of ten categories from the Premier of the State Council to vice section director at a grassroots unit, have the functions and powers of organizing, decision making and giving command.

Non-leading positions

These positions, including those of clerks, researchers and inspectors of various levels, do not have the functions and powers of organizing, decision making and giving command.

(2) Classes

Civil servants are divided into 15 classes with the Premier in the first class and clerks at the 10th to 15th classes.

2. Examination, award and discipline

(1) Examinations

State administrative organs or leaders conduct all-round check up, examination, analysis and appraisal of civil servants under them, in accordance with their administrative power.

Such examinations consist of annual and routine examinations.

(2)Awards

State administrative organs give awards and encouragement to their civil servants who have proved outstanding in their work, made visible contributions and achievements or have performed other merits.

Awards include first-, second- and third-degree merits and the title of honor.

Award winning civil servants may also receive additional reward in the form of a certain amount of bonus, prizes, raise in salary.

(3) Discipline and penalties

Civil servants who have violated discipline are to be penalized.

Administrative penalty includes six types of punishments such as warning, recording a demerit, recording a serious demerit, demotion, stripping one of his position and sacking.

3. Promotion, demotion and withdrawal

(1) Promotion and demotion

1) promotion

This includes promotion based on annual evaluation, on achievements and merits after examination.

Civil servants with outstanding merits and achievements may be promoted by bypassing restrictions on seniority but such promotions must be approved by relevant departments in accordance with regulations.

2) demotion

Demotions are meted out to civil servants who have been proved incompetent or who have been proved incompetent but are inappropriate to transfer to other positions; those who have to take up lower positions as a result of change in the organizational setup or reduction of the leading posts; those who ask for demotion with ample reasons. They shall be permitted to take up lower posts. Demotion is also meted out to those who have committed mistakes and are no longer suitable to remain in their original positions.

(2) Withdrawal

State organs carry out this restrictive measure in order to avoid civil servants making use of their power for private gains.

4. Salary, insurance and welfare benefits

(1) Salary

Civil servants receive salaries according to their positions. Their salaries consist of four parts: official post pay, official class pay, basic pay and seniority pay.

(2) Insurance

The state implements a labor insurance system to provide material aid to civil servants who have temporarily or permanently lost the ability to work.

(3) Welfare benefits

Civil servants enjoy benefits in free medical service, pay during sickness and maternity leave, home-visiting holiday, welfare subsidies and pension and compensation payment.

5. Resign, sacking and retirement

(1) Resign

Civil servants may apply for terminating their employment with state administrative organs in accordance with laws and regulations.

Resigning is not a unilateral decision by the civil servant. It has to be processed according to legally established procedures.

(2) Sacking

State administrative organs may strip a civil servant, who is unsuitable to serve his position, of his power and obligations, thus taking him out of the rank of civil servants.

(3) Retirement

Civil servants who have worked for a certain number of years and reached the age of retirement may leave their posts. They shall receive retirement insurance and pension on a regular basis.

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