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.
