78 Measures on Administration of the State Public Servants of the Shenzhen Municipality[深圳市国家公务员管理办法（1993）]

                                                                                                                                                                                 Archived（May 28, 2018）

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.