Following the initiation of a pilot program for cadres to disclose their assets last December, new rules were instated in mid-January to stop “naked officials”–officials who keep their families and assets overseas–from rising through the ranks. President Xi Jinping has emphasized the fight against official corruption since taking office last year, curtailing banquets and other indulgences while vowing to root out rotten “tigers and flies” at all levels of government. But the recent prosecution and sentencing of New Citizens, who have called for officials to publicly disclose their assets, belies Xi’s commitment to cleaning up government.
Rogier Creemers has translated the full text of the provision on his blog China Copyright and Media, cross-posted below in partnership between our websites. Creemers has also summarized the rules, which emphasize cadres’ “virtue” in the promotion process.
Chapter I: General provisions
Article 1: In order to earnestly implement the Party’s cadre line, principles and policies, implement the requirement to strictly govern the Party and strictly manage cadres, establish scientific and standard promotion and appointment systems for leading cadres in Party and government, form promotion and appointment mechanisms that are effective and potent, convenient and easy to use, and benefit excellent talents to come to the fore, move forward cadre team reform, making them younger, more knowledgeable and specialized, construct a line of high-quality Party and government leading cadre teams that hold high the magnificent banner of Socialism with Chinese characteristics, take Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important “Three Represents” thought and the scientific development view as guidance, and have firm convictions, serve the people, are diligent and pragmatic in government affairs, who dare to take charge, and are honest and clean, guarantee the complete implementation of the Party’s mass line and the smooth development of the undertaking of Socialism with Chinese characteristics, on the basis of the “Constitution of the Chinese Communist Party” and relevant laws and regulations, these Regulations are formulated.
Article 2: In promoting and appointing leading Party and government cadres, the following principles must be upheld:
(1) the principle that the Party manages cadres;
(2) the principle that wherever people come from, they are appointed on the basis of merit;
(3) the principle of having both ability and integrity, and putting virtue first;
(4) the principle of stressing achievements, and recognition by the masses;
(5) the principles of democracy, openness, competitiveness and choosing the best;
(6) the principle of democratic centralism;
(7) the principle of conducting affairs according to the law.
Article 3: The promotion and appointment of leading Party and government cadres must conform to the demands of making building up leadership ranks into united and strong leading collectives that persist in the basic Party theory, the basic line, the basic programme, basic experiences, basic requirements, which serve the people wholeheartedly, have the ability to lead Socialist modernization construction, with rational structuring.
The fostering and promotion of excellent young cadres should be stressed, the use of reserve cadres should be stressed, cadres from all age groups should be used well.
An orientation of serving the grass roots should be established.
Article 4: These Regulations apply to the promotion and appointment of leading members of the CCP Central Committee, the NPC Standing Committee, the State Council, the Chinese People’s Political Consultative Conference, the Central Discipline Inspection Committee work departments or intra-organ bodies, leading members of the Supreme People’s Court and Supreme People’s Procuratorate (not including principals) and internal bodies; leading members of county-level and higher Party Committees, People’s Congress Standing Committees, Governments, Consultative Conferences, Discipline Inspection Committees, People’s Courts, People’s Procuratorates and their work departments or intra-organ bodies; leading members of internal bodies of the abovementioned work departments.
Where laws, regulations and policies contain different provisions for the promotion and appointment of leading Party and government cadres in ethnic minority regions and autonomous localities, those provisions are followed.
The promotion and appointment of leading members in undertaking work units directly subordinate to county-level or higher Party Committees and governments, and labour unions, the Youth League, the Women’s Federation and other such people’s organizations, as well as their internal bodies, is executed with reference to these Regulations.
The promotion and appointment of CCP member leading cadres in the abovementioned organs and leading cadres, and of cadres at departmental levels and higher in non-leading position, is executed with reference to these Regulations.
Article 5: The provisions of these Regulations apply to the production of candidates by recommendation or nomination by Party organizations for leading Party and Government positions within the scope listed in Article 4 of these Regulations that must be elected or lawfully appointed and dismissed, their lawful appointment and dismissal take place according to relevant laws, regulations and rules
Article 6: Party Committees (Party organizations) and their organization (human resources) departments carry out the duties to promote and appoint leading Party and government cadres according to cadre management powers, and are responsible for organizing the implementation of these Regulations.
Chapter II: Promotion and appointment conditions
Article 7: Leading Party and government cadres shall meet the following basic conditions:
(1) Consciously persisting in taking Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important “Three Represents” thought and the scientific development view as guidance, striving to use Marxist standpoints, viewpoints and methods to analyse and resolve real problems, persist in stressing study, stressing politics and stressing the correct atmosphere, maintaining a high level of consistency with the Party centre in terms of ideology, politics and actions, being able to endure all sorts of storms, waves and trials.
(2) Having ambitious Communist ideals and a firm conviction in Socialism with Chinese characteristics, persisting in implementing the Party’s mass line and all principles and policies, being determined in reform and opening up, devoting themselves to the cause of modernization, doing arduous work in the construction of Socialist construction, establishing correct career achievement views, making real contributions that can endure the tests of practice, the people and history.
(3) Persisting in liberating thoughts, seeking truth from facts, progressing with the time, searching truth in pragmatism, earnestly surveying and researching batters, being able to integrate the Party’s principles and policies with the reality in their localities and departments, being highly effective in carrying out work, speaking real words, handling real matters, pursuing real effects, opposing formalism.
(4) Having a strong dedication to the revolutionary cause and a sense of political responsibility, having practical experiences, having the organizational ability, cultural levels and specialist knowledge to be competent for leading work.
(5) Correctly exercising the power endowed by the people, persisting in principles, daring to grasp and manage matters, conducting affairs according to the law, being upright and clean, working diligently for the sake of the people, setting personal examples, being diligent and plain-living, assiduous and thrifty, closely linking up with the masses, persisting in the Party’s Mass Line, consciously accepting criticism and supervision by the Party and the masses, strengthening moral cultivation, stressing the Party nature, stressing conduct, acting as models, taking the lead in practicing the Socialist core value system, achieving dignified conduct, self-examination, self-policing and self-encouragement, opposing bureaucratism, opposing any unhealthy tendency of abuse of power, and seeking private gain.
(6) Persisting in and safeguarding the Party’s democratic centralism system, having a democratic work style, having a view of the complete picture, being good at uniting comrades, including uniting with comrades holding different opinion from themselves and working together.
Article 8: For promotion to a position of Party or government leadership, the following basic qualifications shall be met:
(1) Those promoted to county or department-level leading positions, shall have five or more years of work experience or two or more years of grass roots work experience.
(2) Those promoted to positions higher than county or department level, shall generally have shall generally have obtained experience by holding two or more posts at the lower level.
(3) Those promoted to positions higher than county or department level who are promoted from deputy positions to full positions, shall have two or more years of work experience in the deputy position, where they are appointed from a lower-level full position to a higher-level deputy position, they shall have worked in the lower-level full position for three or more years. The appointment terms for promotion to non-leading positions higher than department level are implemented according to relevant regulations.
(4) Generally, they shall have university, junior professional college or higher cultural levels, office and bureau-level or higher leading cadres shall generally have university undergraduate or higher cultural levels.
(5) They shall undergo training by Party Schools, administrative academies, cadre institutes or other training organs recognized by the organization (human resource) department, training periods shall reach the demands of relevant regulations on cadre education and training. In cases where the training requirements have not been met due to special circumstances, training shall be completed within one year after appointment.
(6) Having the physical conditions to regularly carry out duties and responsibilities.
(7) Conforming to the qualification requirements of relevant laws and regulations. Those promoted to Party leadership positions, shall also conform to the Party seniority requirements provided in the “Constitution of the People’s Republic of China”
Article 9: Leading Party and government cadres shall be promoted gradually. For especially excellent cadres or in cases of special work needs, it is permitted to override appointment qualification provisions or promote someone to leading positions by skipping grades.
Exceptionally promoted especially excellent cadres shall have prominent moral and ability qualities, a high degree of recognition by the masses, and conform to one of the following conditions: withstanding tests during crucial experiences of when dealing with emergencies, risks and heavy responsibilities, making a prominent displays and making major contributions; having prominent achievements in arduous conditions, complex environments or regions or work units with poor foundations; fulfilling their duties in other positions, and having especially remarkable work achievements.
Cadres who are exceptionally promoted because of special work needs shall conform to one of the following circumstances: necessary for the structure of leadership ranks or specially required in guiding positions; positions with a relatively strong specialist nature or important special and urgent work needs; urgently needed to be brought into deprived border regions or poor regions.
The special promotion of cadres must be strictly grasped. It is not permitted to override the basic conditions provided in Article 7 of these Regulations and the qualifications provided in Article 8, Clause 7 of these Regulations. Where [someone’s] appointment probation period is not finished or less than a year has passed since promotion and appointment, they may not be especially promoted. It is not permitted to continue to make exceptions with regard to term limits. It is not permitted to be promoted across two ranks.
Article 10: Broaden selection fields and channels, leading Party and government cadres may be promoted and appointed from Party and government organs, and may be promoted and appointed from outside of Party and government organs. Local Party and government leadership rank members shall pay attention to pic promotions from cadres who have held county (city, district, banner) or village (township, neighbourhood) Party and government leadership tasks and leading personnel in State-owned enterprise and undertaking work units.
Chapter III: Motions
Article 11: Party Committees (Party organizations) or organization (human resource) departments put forward opinions on starting cadre promotion and appointment work according to cadre management powers, on the basis of work needs and the reality of leadership rank construction.
Article 12: Organization (human resource) departments summarise suggestions from relevant sides and the situation of everyday comprehension and grasping, carry out analysis of and deliberation about leadership ranks, and put forward preliminary suggestions on the positions, conditions, scope, methods, procedures, etc., in relation to promotion and appointment.
Article 13: After preliminary suggestions are reported to main leading members of Party Committees (Party organizations), consideration is conducted in a certain scope, and work plans formed.
Chapter IV: Democratic recommendations
Article 14: For the promotion and appointment of leading Party and government cadres, democratic recommendation is required. Democratic recommendation includes recommendations at meetings and recommendations through individual talks, the recommendation result is an important reference for promotion and appointment, and is valid for one year.
Article 15: When leadership ranks come to the end of their term, democratic recommendation is made with regard to the comprehensive setup of leadership positions; in case of individual promotion and appointment, recommendation is made with regard to the position in question.
Article 16: When leadership ranks come to the end of their term, democratic recommendation is organized by the same level’s Party Committee (Party organization), and shall proceed according to the following procedure:
(1) convention of the recommendation meeting, promulgation of the post requiring recommendation, the conditions for appointment and the scope of recommendation, provision of a register of cadres, putting forward relevant requirements, and the organization of filling out recommendation forms;
(2) conducting individual recommendation talks;
(3) comprehensively analysing the situation of recommendations at meetings and recommendation talks;
(4) reporting the recommendation situation to the higher-level Party Committee.
Article 17: When leadership ranks come to the end of their term, the following persons participate in recommendation meetings:
(1) Party Committee members;
(2) People’s Congress Standing Committee, government and Consultative Conference Party Organization members or the whole body of leading members;
(3) Discipline Inspection Committee leading members;
(4) main leading members of the People’s Court and the People’s Procuratorate;
(5) main leading members of Party Committee work departments, government departments and people’s organizations;
(6) main leading members of the lower-level Party Committees and governments;
(7) other persons that are required to attend.
For recommendation of candidate leading members of People’s Congress Standing Committees, governments and Consultative Conferences, main leading members of the democratic parties and associations of industry and commerce, and representatives without party allegiance must participate.
Persons participating in individual recommendation talks are to be determined according to the above-mentioned scope, which may be suitably adjusted.
Article 18: When leadership ranks come to the end of their term, according to the situation of recommendation at meetings and individual recommendation talks, and the needs of the leadership ranks’ organ, it is permitted to put forward a preliminary name list with higher numbers, to make a [definitive] recommendation at a second meeting. The following persons are to participate in the second recommendation meeting:
(1) Party Committee members;
(2) members of the Party organization of People’s Congress Standing Committees, governments and Consultative Conferences, or the whole body of leading members;
(3) main leading members of the People’s Court and the People’s Procuratorate;
(4) the vice-secretary of the Discipline Inspection Committee;
(5) other persons that are required to participate.
Article 19: The democratic recommendation procedure for individual promotions and appointments may be implemented with reference to the provisions of Articles 16 and 18 of these Regulations, it is also permitted to conduct individual recommendation talks, put forward a preliminary name list on the basis of the situation of the talks and after research by the Party Committee (Party organization) or the organization (human resources) department, and then conduct a recommendation meeting.
Article 20: For individual promotions and appointments, the following scope is implemented for the persons to participate in democratic recommendation:
(1) Democratic recommendation of local leading Party and government ranks’ candidate members is to be conducted with reference to the provisions of Articles 17 and 18 of these Regulations, which may be properly adjusted.
(2) For democratic recommendation of candidate leading members of work departments, leading members of the department in question, leading members of internal bodies, main leading members of directly subordinate work units and other persons whose participation is required are to participate in recommendation meetings; where the number of persons in the department in question is relatively low, it is permitted that the whole body of personnel participates. It is also permitted to admit main leading members of lower-level work units in the same system to participate, on the basis of real circumstances. The persons to participate in individual recommendation talks are to be determined according to the aforementioned scope, which may be properly adjusted.
(3) For democratic recommendation of candidate leading members of internal bodies, matters are to be determined with reference to the scope listed in the previous Clause.
Article 21: Where individuals recommend candidate leading cadres to Party organizations, they must responsibly write recommendation materials and sign them. Where recommended candidates are found by the organization (human resources) department to conform to conditions, they are brought within the scope of democratic recommendation, where they lack a basis in the popular will, they may not be listed as objects of assessment.
Article 22: Leading cadre candidates exceptionally needed by Party Committees, governments and their work departments may be recommended by Party Committees (Party organizations) or organization (human resources) departments, and may become objects of assessment after being reported to and agreement by the higher-level organization (human resources) department.
Chapter V: Assessment
Article 23: The determination of objects if assessment shall take place on the basis of work needs and cadres’ moral and talent conditions, the democratic recommendations, as well as everyday evaluation, annual evaluation, consistent achievement, the mutual suitability of the person and the position and other such circumstances are comprehensively considered and fully looked into, in order to prevent that recommendation ballots are equal to voting ballots, and that persons are simply appointed on the basis of recommendation ballots.
Article 24: Persons in one of the following circumstances may not be listed as objects of assessment:
(1) persons whose level of mass identification is not high.
(2) persons whose annual evaluation results in the previous three years contain a finding of basic competence or lower.
(3) persons pursuing positions and canvassing for votes.
(4) persons whose spouse has migrated outside the country (borders); or in case they have no spouse, whose sons and daughters have migrated outside the country (borders_.
(5) persons who have been subject to organizational punishment or Party or government disciplinary punishment, influencing their appointment.
(6) persons who should not be promoted for other reasons.
Article 25: When leadership ranks come to the end of their term, the same level’s Party Committee Secretary, the vice-Secretary and Standing Committee members in charge of organization, discipline inspection and other such work look into the candidates that are the object of assessment on the basis of the situation fed back by the higher-level Party Committee organization department, the same level’s Party Committee Standing Committee member research and put forward a suggested name list of the objects of assessment, and after communicating with the higher-level Party Committee organization department, defines the objects of assessment. Objects of assessment that are slated to newly enter Party and government leadership ranks shall be made public within a certain scope.
For individual promotions and appointments, the Party Committee (Party organizations) researches and determines the objects of assessment.
There shall generally be more objects of assessment than positions.
Article 26: When objects of assessment are determined, the organization (human resources) department conducts strict assessment according to their cadre management powers.
For assessment work of cadres managed by both departments and localities, the controlling side is responsible, and conducts matters jointly with the co-controlling side.
Article 27: The assessment of candidates slated for appointment to leading Party and government positions must be based on cadre promotion and appointment conditions and the duties and demands of different leading position, morality, ability, diligence, achievements and honesty must be comprehensively assessed.
Political qualities and moral qualities are to be assessed with priority, situations in ideals and convictions, political discipline, persisting in principle, daring to undertake matters, launching criticism and self-criticism, personal integrity in acting and other such areas are to be deeply understood.
Actual achievements in assessment work are to be stressed, real achievements in performing the duties of a position, promoting and serving scientific development are to be deeply understood. When assessing members of local Party and government leadership ranks, qualitative, effective and sustainable economic development, improvement in people’s livelihoods, progress in social harmony, cultural construction, ecological civilization construction , Party building, etc., are to be important contents of assessment and evaluation, more attention is to be paid to assessing labour and employment, residents’ income, scientific and technological innovation, education and culture, social security, hygiene and health, etc., the assessment of restraining indicators is to be strengthened, and the weight of resource consumption, environmental protection, reduction of excess production capacity, production safety, debt situations and other such indicators is to be increased, in order to prevent that work achievements are only evaluated on the simple basis of economic growth speed. When assessing leading cadres in Party and government work departments, implementation of policies, construction of a good development environment, provision of high-quality public services, maintaining social fairness and justice, etc., are to be important contents of assessment and evaluation.
Work style assessment is to be strengthened, situations of serving the people, seeking truth and pragmatism, diligence and respect for work, enthusiasm and initiative, and opposition to formalism, bureaucratism, hedonism, and extravagant tendencies, etc. are to bee deeply understood.
The assessment of the situation of cleanliness in government is strengthened, obeisance of relevant provisions on honesty and self-discipline, the maintenance of noble sentiments and healthy tendencies, caution in private life and in small matters, the just use of power, cleanliness and honesty, the non-pursuit of private gain, strict demands on relatives and personnel working by one’s side, etc., are to be deeply understood.
All level’ Party Committees (Party organizations) shall, on the basis of the real situation, formulate concrete assessment standards.
Article 28: Sufficient assessment time shall be guaranteed for assessing candidates slated for appointment to leading Party and government positions, and the following procedure followed:
(1) organizing assessment groups, formulating assessment work plans;
(2) communication situations concerning the assessment work plan with the work units submitting the objects of assessment or the main leading members of the Party Committees (Party organizations) in the work units in to which they belong, and soliciting opinions;
(3) on the basis of the different situations of the objects of assessment, publishing advance notices about cadre assessment through suitable ways and within a certain scope;
(4) using methods such as individual talks, issuing opinion solicitation forms, democratic surveys, on-the-ground interviews, consulting cadre files and work materials, face-to-face discussions with the object of assessment, etc., to broadly and deeply understand the situation, conducting public opinion polls, special investigations, and extended assessment on the basis of requirement;
(5) comprehensively analysing the assessment situation, conducting comparison and mutual verification of the consistent manifestation of the object of assessment, completely and correctly evaluating the object of assessment;
(6) feeding back the assessment situation to the main leading members of the Party Committee (Party organization) of the work unit that submitted the object of assessment or to which the object belongs, and exchanging opinions;
(7) the assessment group researches and puts forward a suggestion on appointment of candidates, reports matters to the organization (human resources) department that dispatched the assessment groups, and after the organization (human resources) department collectively researches the matter and puts forward suggestions and plans for appointments, it reports the matter to the same level’s Party Committee (Party organization)
Article 29: When assessing candidates slated for appointment to local Party or government leadership ranks, the scope of individual talks and opinion solicitation generally is:
(1) leading members of Party Committee and government, main leading members of People’s Congress Standing Committees, Consultative Conferences, Discipline Inspection Committees, People’s Courts and People’s Procuratorates;
(2) leading members of the work unit to which the object of assessment belongs;
(3) main leading members of work departments related to the work unit to which the object of assessment belongs, or their internal bodies and directly subordinate work units;
(4) other relevant persons.
Article 30: For assessment of candidates for appointment as work department leadership rank members, the scope for individual talks and opinion solicitation is generally:
(1) relevant leading members of higher-level leading organs of the object of assessment;
(2) the leading members of the work units to which the object of assessment belongs;)
(3) main leading members of the internal bodies and directly subordinate work units of the work unit to which the object of assessment belongs.
(4) other relevant persons.
For assessment of candidates for appointment to leading positions in internal bodies, the scope of individual talks and opinion solicitation is determined with reference to the above provisions.
Article 31: When assessing candidates slated for appointment to leading Party and government positions, the opinions of the organization (human resources) department of the work unit to which the object of assessment belongs, the discipline inspection organs and the organ’s Party organization shall be heard, it is permitted to hear the opinions of inspection bodies or other relevant department on the basis of work need.
Organization (human resources) departments shall hear the opinion of discipline inspection organs concerning the situation of the Party style and clean government of the object of assessment. Concerning objects of assessment that are slated for promotion, the situation of relevant individual reports shall be consulted, when necessary, it is permitted to conduct verification. Concerning objects of assessments where it is necessary to conduct and economic responsibility audit, the matter shall be entrusted to the auditing department to carry out an audit according to relevant regulations.
Article 32: When assessing candidates slated for appointment to leading Party and government positions, written assessment materials must be complied, and a written assessment file established. Where [candidates] already hold a position, assessment materials will be classified in that person’s file. Assessment materials must be written truthfully, reflect the situation of the object of assessment completely, accurately and clearly, and include the following content:
(1) main achievements and main specialities in terms of morality, ability, diligence, achievements and honesty;
(2) major flaws and shortcomings;
(3) the situation of democratic recommendation, democratic survey, etc.
Article 33: Assessment groups dispatched by Party Committees (Party organizations) or organization (human resources) departments are composed of two or more members. Assessment personnel shall have relatively high qualities and corresponding qualifications. [The positions of] responsible persons within assessment groups shall be filled by persons who have good ideological and political qualities, have relatively rich work experience and are well acquainted with cadre work.
A cadre assessment work responsibility system is implemented. Assessment groups must persist in principles, be fair and honest, go deeply into details, reflect the assessment situation and opinions truthfully, be responsible towards assessment materials, and carry out supervision duties over the general mood of cadre promotion and appointment.
Chapter VI: Discussion and decision
Article 34: relevant leading members of Party Committees (Party organizations), People’s Congress Standing Committees, governments and Consultative Conferences, etc. shall look into candidates slated for appointment to leading Party and government positions before discussion and decision or decision of submission, on the basis of the different situation of the position and the candidates.
For candidates slated for appointment as leading members of work departments, the opinion of the higher-level leading members in charge shall be solicited.
For candidates who are not Communist Party members, the opinions of the main leading members of Party Committee United Front Departments, democratic parties and industrial and commercial associations, as well as representatives without party affiliation, shall be solicited.
For appointments or dismissals of cadres managed by both departments and localities, the controlling side shall solicit the opinion of the co-controlling side in advance, and look into the matter. Generally, a written form is adopted for soliciting opinions. Where the co-controlling side does not respond within one month from the date of receiving the controlling side’s opinion, it shall be considered as having agreed. When both sides’ opinions are not consistent, the appointment or dismissal of principal positions is to be reported to the higher-level Party Committee Organization Department for harmonization, the appointment of deputy positions is decided upon by the controlling side.
Article 35: For the selection and appointment of leading Party and government cadres, Party Committees (Party organizations) shall collectively discuss and decide on appointment and dismissal collectively, according to its cadre management powers, or decide to put forward an opinion of recommendation or nomination. Where matters fall under the management of higher-level Party Committees (Party organizations), the original level’s Party Committee (Party organization) may put forward a promotion or appointment suggestion.
Before discussions are had and decisions are made concerning candidates for exceptional promotion, this must be reported to and approved by the higher-level organization (human resources) department. Where promotion takes place across grades or someone is listed as a candidate for exceptional promotion without undergoing democratic recommendation, this shall be reported before assessment, and it may only take place after a positive response.
Article 36: For candidates slated to be appointed to or candidates recommended for principal positions in city (locality, prefecture, league) and county (city, district, banner) Party Committee and government leadership ranks, the higher-level Party Committee Standing Committee generally puts forward a nomination and submits them to a secret ballot within the plenary meeting; where appointment is urgently needed when the plenary meeting is not in session, the Party Committee Standing Committee makes decisions, and shall solicit the opinions of members of the plenary meeting before making the decision.
Article 37: When Party Committees (Party organizations) discuss and decide on matters concerning cadre appointments and dismissals, a quorum of more than two thirds of members must be present, and it must be ensured that the present members have sufficient time to listen to an introduction of the situation, and to fully express opinions. Present members shall express a clear opinion of agreement, disagreement or deferral. On the basis of full discussion, oral voting, vote by raised hands, secret ballots or other methods may be used to vote.
Where it is demanded to reconsider decisions of Party Committees (Party organizations) concerning cadre appointments and dismissals, this may only take place with the agreement of more than half of the Party Committee (Party organization) members.
Article 38: When Party members (Party organizations) discuss and decide upon matters concerning cadre appointments and dismissals, they shall follow the following procedure:
(1) leading members in Party Committees (Party organizations) who are responsible for organization (human resource) work or responsible persons from organization (human resource) departments introduce the situation of recommendation of the candidate slated for appointment to a leading position, assessment, the reasons for appointment and dismissal, etc., one by one, where candidates for exceptional promotion are involved, the concrete circumstances of and reasons for exceptional promotion shall be explained;
(2) members participating in the meeting engage in full discussion
(3) voting, a decision is made when more than half of the Party Committee (Party organization) members who should attend the meeting agree.
Article 39: Concerning cadres slated for appointments to positions requiring reporting to higher-level Party Committees (Party organizations) for examination and approval, a report must be submitted to the Party Committee (Party organization) to ask for instructions, this shall include the examination and approval form for cadre appointment and dismissal, cadre assessment materials, personal files and Party Committee (Party organization) meeting minutes, records of discussions, democratic recommendation situations and other such materials. The higher-level organization (human resources) department shall strictly examine the submitted materials.
Cadres that are required to file with higher levels shall file timely and according to regulations with the higher-level organization (human resources) department.
Chapter VII: Appointments
Article 40: An elective appointment system and meeting appointment system is implemented for leading Party and government cadres, a recruitment and appointment system may be implemented for a number of leading positions that are relatively specialized in nature. Recruitment and appointment rules are formulated separately.
Article 41: A pre-announcement system is implemented for leading Party and government cadre appointments.
In case of promotion to take charge of leading positions of office or bureau-level or lower, except for candidates in special positions or where matters have already been made public at the time of evaluation at the end of a term of office, after the Party Committee (Party organization) discusses and decides the matter, and before the appointment notification is issued, the matter shall be announcement within a certain scope. The content of the announcement shall be true and accurate, to make supervision easy, in case this involves and exceptional promotion, the concrete circumstances and reasons for the exception shall be complained. The period of announcement is not less than five working days. Where the outcome of the announcement does not influence the appointment, appointment formalities are conducted.
In case of promotion to the following leading positions of office or bureau-level or lower that do no require elections, the trial period is one year:
(1) deputy positions in Party Committees, People’s Congress Standing Committees, government or Consultative Conference departments and leading positions in internal organs;
(2) leading positions in internal organs of discipline inspection committees;
(3) leading positions in non-State power bodies of internal organs of People’s Courts and People’s Procuratorates, which are subject to appointment according to the law.
When the trial period is finished, and competence for the position is found, official appointment follows; in case of non-competence, dismissal from the trial position follows, and work is generally arranged at the level from before the trial appointment.
Article 43: An appointment talk system is implemented. Where cadres are subject to a decision of appointment, a special person appointed by the Party Committee (Party organization) has a talk with the person in question, affirms the achievements, points out flaws, and puts forward demands or problems that need attention.
Article 44: The period of appointment at leading Party and government posts is to be calculated according to the following timescales:
(1) where Party Committees (Party organizations) decide on appointment, calculation starts at the date that the Party Committee (Party organization) makes the decision;
(2) where Party representative congresses, plenary Party committee meetings, plenary Party discipline inspection committee meetings, or plenary People’s Congress or Consultative Conference meetings decide on appointment through election, calculation starts at the date of election and decision of appointment;
(3) where People’s Congress Standing Committees or Consultative Conference Standing Committees appoint or decide on appointments, calculation starts on the date on which the People’s Congress Standing Committee or Consultative Conference Standing Committee makes the appointment.
(4) where Party Committees send nominations to governments and governments appoint, calculation starts on the date on which the government makes the appointment.
Chapter VIII: Recommendation, nomination and democratic consultation according to the law
Article 45: For Party Committees’ recommendations to People’s Congresses or PC Standing Committees for leading cadre candidates that must be elected or appointed by People’s Congresses or PC Standing Committees, the Party Committees’ recommendation opinions shall be explained in advance to the People’s Congress Provisional Party Organization or the PC Standing Committee Party Organization and the Party members in the PC Standing Committee. People’s Congress Provisional Party Organizations and PC Standing Committee Party Organizations, PC Standing Committee members and Party members among People’s Congress representatives shall earnestly implement the recommendation of the Party Committee, take the lead in handling matters according to the law and carry out their duties and responsibilities correctly.
Article 46: When Party Committees recommend leading cadre candidates for positions that must be decided upon by election in People’s Congresses to People’s Congresses, they shall submit a letter of recommendation in the name of the Party Committee to the presidium of the People’s Congress, explain the relevant circumstances of the recommended candidate, and explain the reasons for recommendation.
When Party Committees recommend leading cadre candidates for positions where the People’s Congress for positions appointed by the PC Standing Committee, they shall, before consideration by the PC Standing Committee, put this forward according to provided procedures, and explain the relevant circumstances of the recommended person.
Article 47: Party Committees nominating leading cadre candidates for government work departments and organs where governments make appointments to government, the government makes appointments after the Party Committee discusses and decides it.
Article 48: Where, for change in leadership position at the end of office terms, Party Committees recommend candidates for leading membership in PC Standing Committees, governments and Consultative Conferences, or heads of People’s Courts or People’s Procuratorates, it shall notify the main leading members of democratic parties and industrial and commercial associations, and non-Party representatives about the relevant circumstances and conduct democratic consultation.
Article 49: If, before leading cadre candidates recommended by Party Committees are elected by People’s Congresses or appointed by PC Standing Committees, People’s Congresses or PC Standing Committee members put forward a dissenting opinion about recommended candidates, the Party Committee shall earnestly research the matter, and make the necessary analyses or explanations. If it is discovered that there is a factual basis or problems that are sufficient to influence the election or the appointment, Party Committees may suggest that People’s Congresses or PC Standing Committees postpone selection or appointment according to provided procedures, it is also permitted to recommend candidates again.
The recommendation and consultative nomination for candidates for leading positions in Consultative Conferences is handled according to the constitution for the consultative conference and relevant regulations.
Chapter IX: Open promotions and competitive appointments
Article 50: Open promotions and competitive appointments are one of the ways to promote and appoint leading Party and government cadres. Open promotions are conducted facing society, competitive appointments are conducted within the work unit or within the system, they shall start from reality, and the scope for the promotion positions, quantities and scopes determined rationally. Under normal circumstances, where vacancies arise in leading position and there are no suitable candidates within the locality or within the department, and it is especially necessary to add urgently needed specialist talents, it is permitted to conduct open promotions; where vacancies arise in leading position, and there are relatively many people within the work unit or system who conform to qualification conditions and it is difficult to reconcile opinions, it is permitted to conduct competitive appointments.
Open selection for county and department-level or lower leading positions are generally not conducted across provinces (administrative regions, municipalities).
Article 51: The planning and drafting of conditions and qualifications for public promotions and competitive selections shall conform to the provisions of Article 7 and Article 7 of these Regulations, it is not permitted to draw up qualifications and conditions for [specific] persons. Where qualifications and conditions override regulations, this shall be reported in advance to the higher-level organization (human resource) department for examination, verification and agreement.
Article 52: Open promotion and competitive appointment work is conducted under the leadership of Party Committees (Party organizations), the organization (human resource) department organizes implementation and shall follow the following procedure:
(1) publish the positions, qualification conditions, basic procedures and methods, etc.;
(2) inspecting names entered and qualifications, those participating in the open promotion shall obtain agreement from their current work units;
(3) adopt suitable measures to survey and measure abilities and qualities, select the best (democratic recommendation may be conducted first in competitive appointments);
(4) organizational inspection, research and putting forward a selection file;
(5) Party Committees (Party organizations) discuss and decide;
(6) carrying out of appointment formalities.
Article 53: In open promotions and competitive appointments, surveys and measurements are to be taken on the basis of scientific standards, giving prominence to the characteristics of the position, giving prominence to competition between real achievements, strive for ability, quality and consistent delivery, prevent simply appointing people on the basis of marks.
Chapter X: Circulation and avoidance
Article 54: A circulation system is implanted leading Party and government cadres.
(1) The objects of circulation mainly are: those who need to be circulated because of work needs, those who require circulation to train and raise their leadership ability; those who have worked relatively long in one locality on department; those who must exercise avoidance according to regulations; those who need to be circulated because of other reasons.
The focus points of circulation are lead members of county level and higher local Party Committees and governments, and main leading members of discipline inspection committees, People’s Courts, People’s Procuratorates, Party Committees and a number of government work departments.
(2) In principle, when a term of office expires, where leading members of local Party Committees and governments have occupied the same position for ten years, they must be circulated; those who have continuously held the same position for two terms of office shall no longer be recommended, nominated or appointed to the same post.
Principal Party and government positions in the same locality (department) are in principle not circulated at the same time.
(3) Where department-level and higher leading cadres of bodies set up inside Party and government organs have held the same post for a relatively long time, they shall be circulated or rotated.
(4) Young cadres with experiences in only one area or who lack grass roots work experience shall go to work at the grass roots, deprived regions and in complex environment in a planned manner.
(5) Strengthen cadre circulation planning. Move forward with cadre exchange between regions, between departments, between localities and departments, between Party and government organs and State-owned enterprise and industry work units, as well as other social organizations.
(6) Cadre exchange is organized and implemented by Party Committees (Party organizations) and their organization (human resource) departments according to their cadre management powers, they are to strictly grasp qualification conditions for appointments. Individual cadres may not contact them on circulation matters on their own initiative, leading cadres may not appoint candidates for circulation. The same cadre should not be circulated frequently.
(7) After circulated cadres receive appointment notifications, they shall assume their positions within the times prescribed by the Party Committee (Party organization) or the organization (human resources) department. Where circulation takes place across localities or departments , they shall at the same time transfer their administrative relations, salary relations and Party organization relations.
Article 55: A position avoidance system is implemented for leading Party and government cadres.
The kinship relations for position avoidance by leading Party and government cadres are: spousal relations, direct blood relations, blood relative relations within three generations as well as near-marriage relations. Where the abovementioned kinship relations occur, it is not permitted to be appointed to positions in the same organ where both persons are directly subordinate to the same leading person, or to positions with direct vertical leadership relations between them, it is also not permitted that the organ in which one of either assumes a leading post engages in organization (human resource), discipline inspection, auditing or financial work.
Leading cadres may not assume full leading memberships of county (city) Party Committees and governments as well as discipline inspection organs, organization departments, People’s Courts, People’s Procuratorates and public security departments in the location where they grew up, they may generally not assume fill leading memberships of city (district, league) Party Committee and government, as well as discipline inspection organs, organization departments, People’s Courts, People’s Procuratorates and public security departments in the location where they grew up.
Article 56: A leading Party and government cadre promotion and appointment work avoidance systems is implemented.
When Party Committees (Party Organizations) and their organization (human resource) departments discuss cadre appointments and dismissals, and they involve participants at the meetings themselves or their relatives, they must themselves practice avoidance.
Where members of cadre assessment groups encounter relatives in the process of cadre assessment work, they must themselves practice avoidance.
Chapter XI: Dismissal, resignation and demotion
Article 57: Where leading Party and government cadres are in one of the following circumstances, they shall generally be removed from office:
(1) Reaching term limits or retirement age limits.
(2) Being subject to responsibility investigation, to the extent that they should be removed from office.
(3) Resigning or being transferred elsewhere.
(4) Leaving for study for a period in excess of one year where this has not been arranged for organizationally.
(5) In cases where they should be resigned from a current position because of work needs or other reasons.
Article 58: A leading Party and government cadre resignation system is implemented. Resignation includes resignation for public reasons, voluntary resignation, resignation because of blame and being ordered to resign.
Resignation shall conform to relevant regulations, formalities are to be carried out according to procedures in laws and relevant regulations.
Article 59: For leading Party and government cadres resigning because of blame, who are ordered to resign or are removed form office for reasons of accountability, posts may not be arranged for a year, and they may not assume position that are higher in level than their original position for two years. In cases where they receive Party discipline or government discipline punishment at the same time, matters will be executed according to the provisions on long-term influence.
Article 60: A leading Party and government cadre demotion system is implemented. Where leading Party and government cadres are determined to be unqualified through annual evaluation, and it is no longer suitable for them to remain in their current position levels because their work abilities are weak, they have been dealt with organizationally or because of other reasons, they shall be demoted. Demoted cadres’ remunerations are arranged according to the standards of their new positions.
The re-promotion of demoted cadres is handled according to relevant regulations.
Chapter XII: Discipline and supervision
Article 61: In the selection and appointment of leading Party and government cadres, all provisions of these Regulations must be implemented strictly, and the following disciplinary rules followed:
(1) it is not permitted to promote leading cadres in excess of the number of allocated positions or in excess of the quota for the organ, or to establish function titles and raise cadres’ rank treatment without authorization;
(2) it is not permitted to adopt improper means to seek positions for oneself or others;
(3) it is not permitted to recommend, assess, inquire about, discuss and decide the appointment or dismissal of cadres in violation of the provided procedures;
(4) it is not permitted to privately leak motions, introduce democratic recommendations, democratic surveys, assessments, inquiries, discussions and decisions on cadres and other such related situations;
(5) it is not permitted to conceal or distort the truth of facts during cadre assessment work;
(6) it is not permitted to canvass or engage in other such non-organized activities during democratic recommendation, democratic surveys, organizational assessment and elections;
(7) it is not permitted to use conveniences of the position to privately intervene in cadre selection and appointment work at lower levels, or in localities or work units where a position was held previously;
(8) it is not permitted to attack promoted or reassigned cadres when work transfer or organic restructuring occurs;
(9) it is not permitted to promise high posts and other favours, appoint people by favouritism and practice graft in cadre selection and appointment work;
(10) it is not permitted to alter cadres’ dossiers, or practice fraud in areas such as cadres’ identities, age, work seniority, Party seniority, education, experience, etc.
Article 62: Strengthen supervision over the complete process of cadre promotion and appointment work, strictly investigate and prosecute acts violating organizational and human resource discipline. In case of incidents where the provisions of these Regulations are violated, he main leading members and relevant leading members of Party Committees (Party organizations), the relevant leading members of organization (human resource) departments as well as other directly responsible persons are dealt with through organizational methods or are subject to disciplinary punishment according to relevant regulations.
Where submission to organizational transfer or exchange decisions is refused without proper reason, dismissal or demotion is imposed according to laws and relevant regulations.
Article 63: A responsibility investigation system is implemented for Party and government leading cadre promotion and appointment work. In all cases where neglect of duty and mistakes in appointment result in grave consequences, and where unhealthy tendencies are grave in personnel appointments in a locality or department, the cadres and the masses react strongly and the investigation and prosecution of acts violating organizational and human resource discipline is weak, on the basis of the concrete situation, the responsibility of the main leading members and relevant leading members of the Party Committee (Party organization), the relevant leading members of the organization (human resource) department and the discipline inspection organ as well as other directly responsible persons is investigated.
Article 64: Party Committees (Party organizations) and their organization (human resource) departments conduct supervision and inspection of cadre promotion and appointment work and the implementation situation of these Regulations, they receive reports and appeals about cadre promotion and appointment work, prevent and correct acts violating these Regulations, and put forward opinions or suggestions to deal with relevant responsible persons.
Discipline inspection organs and inspection patrol organs carry out supervision and inspection of cadre promotion and appointment work according to relevant regulations.
Article 65: A joint conference system is implemented for organization (human resource) departments, discipline inspection organs and other such relevant organs, strengthening supervision over cadre promotion and appointment work, the communication of information, the exchange of situations, and putting forward opinions and suggestions. Joint conferences are convened by the organization (human resources) departments.
Article 66: Party Committees (Party organizations) and their organization (human resource) departments must strictly implement these Regulations in cadre promotion and appointment work, consciously accept organizational supervision and mass supervision. Lower-level organs and Party members, cadres and the masses have the power to report or submit appeals to higher-level Party Committees (Party organizations), their organization (human resource) departments and discipline inspection organs about acts violating discipline and regulation in cadre promotion and appointment work, accepting departments and organs shall examine and deal with matters according to relevant regulations.
Chapter XII: Supplementary provisions
Article 67: The provisions in these Regulations that are aimed at work departments, apply at the same time to administrative organs, delegated organs, ad hoc organs as well as other directly subordinate organs.
Article 68: For the promotion and appointment of Party and government leading cadres in villages (townships, neighbourhoods), the provincial, autonomous region and municipal Party Committees formulate corresponding implementation rules on the basis of these Regulations.
Article 69: For the selection and appointment method of leading cadres in the Chinese People’s Liberation Army and the Chinese People’s Armed Police, the Central Military Commission will provide rules on the basis of the principles of these Regulations.
Article 70: The interpretation of these Regulations is the responsibility of the CCP Central Committee Organization Department.
Article 71: These Regulations take effect on the date of promulgation. The “Party and Government Leading Cadre Selection and Appointment Regulations” issued by the CCP Central Committee on 9 July 2002 are abolished at the same time.