Supervision Law of the People's Republic of China (Amended in 2024)
Supervision Law of the People's Republic of China (Amended in 2024)
Supervision Law of the People's Republic of China (Amended in 2024)
Order of the President of the People's Republic of China No. 42
December 25, 2024
(Adopted at the 1st Session of the 13th National People's Congress on March 20, 2018, and amended in accordance with the Decision on Amending the Supervision Law of the People's Republic of China adopted at the 13th Session of the Standing Committee of the 14th National People's Congress on December 25, 2024)
Contents
Chapter I General Provisions
Chapter II Supervisory Authorities and Their Duties
Chapter III Scope of Supervision and Jurisdiction
Chapter IV Supervisory Powers
Chapter V Supervisory Procedures
Chapter VI International Cooperation in Anti-Corruption
Chapter VII Supervision of Supervisory Authorities and Supervisory Personnel
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution, to thoroughly promote the integrity building and anti-corruption efforts, strengthen the supervision of all public officials who exercise public power, achieve comprehensive coverage of national supervision, continuously deepen the reform of the national supervision system, and advance the modernization of the national governance system and governance capacity.
Article 2 A centralized, unified, authoritative, and efficient national supervision system with Chinese characteristics shall be established by adhering to the leadership of the Communist Party of China over national supervision work, and following the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of "Three Represents," the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era.
Article 3 Supervisory committees at all levels are specialized agencies exercising national supervisory functions, and they shall, in accordance with this Law, supervise public officials who exercise public power ("public officials"), investigate duty-related violations and duty-related crimes, carry out integrity building and anti-corruption efforts, and uphold the dignity of the Constitution and laws.
Article 4 Supervisory committees shall independently exercise their supervisory powers in accordance with the law, free from interference by administrative agencies, social organizations, or individuals.
Supervisory authorities handling cases involving duty-related violations and duty-related crimes shall cooperate with each other and exercise checks and balances with judicial authorities, procuratorial authorities, and law enforcement departments.
When supervisory authorities require assistance in their work, relevant authorities and entities shall, as requested by the supervisory authorities, provide assistance in accordance with the law.
Article 5 National supervision work shall be carried out strictly in accordance with the Constitution and laws, based on facts and governed by law. It shall ensure that a balance between power and responsibility, and rigorous supervision; adhere to statutory procedures, and perform duties impartially; respect and protect human rights, apply the law equally, and safeguard the lawful rights and interests of those subject to supervision and relevant personnel; combine punishment with education, and apply both leniency and severity as appropriate.
Article 6 National supervision work shall adhere to a comprehensive approach that address both the symptoms and root causes, and efforts will be made to strengthen supervision and accountability while imposing severe penalties for corruption; deepen reforms, improve the rule of law, effectively restrain and oversee power; strengthen legal and moral education, promote excellent traditional Chinese culture, and establish a long-term mechanism where individuals dare not, cannot, and do not wish to engage in corruption.
Chapter II Supervisory Authorities and Their Duties
Article 7 The National Supervisory Commission of the People's Republic of China (NSC) is the highest supervisory authority.
Supervisory committees shall be established in provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures, counties, autonomous counties, cities, and districts under the jurisdiction of cities.
Article 8 The NSC shall be established by the National People's Congress (NPC) and be responsible for national supervision work.
The NSC shall consist of a director, several deputy directors, and several members. The director shall be elected by the NPC, and the deputy directors and members shall be appointed or removed by the NPC Standing Committee upon the recommendation of the NSC director.
The term of office of the NSC director shall be the same as that of each session of the NPC, and the director may not serve more than two consecutive terms.
The NSC shall be accountable to the NPC and its Standing Committee and shall be subject to their supervision.
Article 9 A local supervisory committee at any level shall be established by the people's congress at the corresponding level and shall be responsible for supervision work within its administrative region.
The local supervisory committee at any level shall consist of a director, several deputy directors, and several members. The director shall be elected by the people's congress at the corresponding level, and the deputy directors and members shall be appointed or removed by the standing committee of the people's congress at the corresponding level upon the recommendation of the director of the supervisory committee.
The term of office of the director of a local supervisory committee at any level shall be the same as that of each session of the people's congress at the corresponding level.
A local supervisory committee at any level shall be accountable to the people's congress at the corresponding level and its standing committee, as well as to the supervisory committee at the next higher level, and shall be subject to their supervision.
Article 10 The NSC shall lead the work of local supervisory committees at all levels, and higher-level supervisory committees shall lead the work of lower-level supervisory committees.
Article 11 Supervisory committees shall perform their supervisory, investigative, and disciplinary duties in accordance with this Law and provisions of applicable laws, including:
(1) Conducting integrity education for public officials, and supervise and inspect their lawful performance of duties, impartial exercise of power, adherence to integrity in governance and professional conduct, and moral conduct;
(2) Investigating duty-related violations and crimes, such as embezzlement, bribery, abuse of power, dereliction of duty, rent-seeking, benefit transfers, favoritism for personal gain, and waste of state assets; and
(3) Making decisions on administrative sanctions for public officials who violate the law; holding leading officials accountable for negligence or failure to perform their duties; transferring the results of investigations on suspected duty-related crimes to the people's procuratorate for legal review and prosecution; and making supervisory recommendations to the organizations employing persons subject to supervision.
Article 12 A supervisory committee at any level may assign or dispatch the supervisory authority and supervisory officials to the corresponding level of Communist Party of China (CPC) organs, state authorities, Chinese People's Political Consultative Conference (CPPCC) committees, organizations and entities authorized or mandated by laws and regulations to manage public affairs, as well as to specific regions, state-owned enterprises, and public institutions within their jurisdiction.
Upon approval by the NSC, the supervisory authority and supervisory officials assigned by the NSC to organizations under vertical management or dual leadership-primarily led by their higher-level authority-or to state-owned enterprises, may be further dispatched to subordinate entities of the host entity.
Upon approval by the NSC, the supervisory authority and supervisory officials assigned by the NSC may be further dispatched to ordinary higher education institutions managed by the leadership team of the host entity; and the supervisory authority assigned by the NSC in the State-owned Assets Supervision and Administration Commission of the State Council may be further dispatched to state-owned enterprises managed by the leadership team of the host entity.
Supervisory authorities and supervisory officials shall be accountable to the supervisory committee or supervisory authority or officials that assign or dispatch them.
Article 13 Supervisory authorities and supervisory officials assigned or dispatched shall, within the scope of their authorization and according to their administrative authority, supervise public officials in accordance with the law, make supervisory recommendations, and conduct investigations and disciplinary actions against public officials in accordance with the law.
Article 14 The State shall implement a supervisory officer system and establish the system for the ranking structure, appointment and removal, evaluation, and promotion of supervisory officers in accordance with the law.
Chapter III Scope of Supervision and Jurisdiction
Article 15 Supervisory authorities shall supervise the following public officials and related personnel:
(1) Civil servants of the CPC organs, people's congresses and their standing committees, people's governments, supervisory committees, people's courts, people's procuratorates, all levels of CPPCC committees, democratic parties, and federations of industry and commerce, as well as personnel managed with reference to the Civil Servant Law of the People's Republic of China;
(2) Personnel engaged in public duties in organizations as authorized by laws and regulations or legally entrusted by state authorities to manage public affairs;
(3) Managers of state-owned enterprises;
(4) Personnel engaged in management in public institutions in the fields of education, scientific research, culture, health, sports, etc.;
(5) Personnel engaged in management in grassroots self-governing organizations; and
(6) Other persons who perform public duties in accordance with the law.
Article 16 Supervisory authorities at all levels shall exercise jurisdiction over supervisory matters related to the personnel specified in Article 15 of this Law within their respective jurisdictions in accordance with their administrative authority.
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Order of the President of the People's Republic of China No. 42
December 25, 2024
(Adopted at the 1st Session of the 13th National People's Congress on March 20, 2018, and amended in accordance with the Decision on Amending the Supervision Law of the People's Republic of China adopted at the 13th Session of the Standing Committee of the 14th National People's Congress on December 25, 2024)
Contents
Chapter I General Provisions
Chapter II Supervisory Authorities and Their Duties
Chapter III Scope of Supervision and Jurisdiction
Chapter IV Supervisory Powers
Chapter V Supervisory Procedures
Chapter VI International Cooperation in Anti-Corruption
Chapter VII Supervision of Supervisory Authorities and Supervisory Personnel
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution, to thoroughly promote the integrity building and anti-corruption efforts, strengthen the supervision of all public officials who exercise public power, achieve comprehensive coverage of national supervision, continuously deepen the reform of the national supervision system, and advance the modernization of the national governance system and governance capacity.
Article 2 A centralized, unified, authoritative, and efficient national supervision system with Chinese characteristics shall be established by adhering to the leadership of the Communist Party of China over national supervision work, and following the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of "Three Represents," the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era.
Article 3 Supervisory committees at all levels are specialized agencies exercising national supervisory functions, and they shall, in accordance with this Law, supervise public officials who exercise public power ("public officials"), investigate duty-related violations and duty-related crimes, carry out integrity building and anti-corruption efforts, and uphold the dignity of the Constitution and laws.
Article 4 Supervisory committees shall independently exercise their supervisory powers in accordance with the law, free from interference by administrative agencies, social organizations, or individuals.
Supervisory authorities handling cases involving duty-related violations and duty-related crimes shall cooperate with each other and exercise checks and balances with judicial authorities, procuratorial authorities, and law enforcement departments.
When supervisory authorities require assistance in their work, relevant authorities and entities shall, as requested by the supervisory authorities, provide assistance in accordance with the law.
Article 5 National supervision work shall be carried out strictly in accordance with the Constitution and laws, based on facts and governed by law. It shall ensure that a balance between power and responsibility, and rigorous supervision; adhere to statutory procedures, and perform duties impartially; respect and protect human rights, apply the law equally, and safeguard the lawful rights and interests of those subject to supervision and relevant personnel; combine punishment with education, and apply both leniency and severity as appropriate.
Article 6 National supervision work shall adhere to a comprehensive approach that address both the symptoms and root causes, and efforts will be made to strengthen supervision and accountability while imposing severe penalties for corruption; deepen reforms, improve the rule of law, effectively restrain and oversee power; strengthen legal and moral education, promote excellent traditional Chinese culture, and establish a long-term mechanism where individuals dare not, cannot, and do not wish to engage in corruption.
Chapter II Supervisory Authorities and Their Duties
Article 7 The National Supervisory Commission of the People's Republic of China (NSC) is the highest supervisory authority.
Supervisory committees shall be established in provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures, counties, autonomous counties, cities, and districts under the jurisdiction of cities.
Article 8 The NSC shall be established by the National People's Congress (NPC) and be responsible for national supervision work.
The NSC shall consist of a director, several deputy directors, and several members. The director shall be elected by the NPC, and the deputy directors and members shall be appointed or removed by the NPC Standing Committee upon the recommendation of the NSC director.
The term of office of the NSC director shall be the same as that of each session of the NPC, and the director may not serve more than two consecutive terms.
The NSC shall be accountable to the NPC and its Standing Committee and shall be subject to their supervision.
Article 9 A local supervisory committee at any level shall be established by the people's congress at the corresponding level and shall be responsible for supervision work within its administrative region.
The local supervisory committee at any level shall consist of a director, several deputy directors, and several members. The director shall be elected by the people's congress at the corresponding level, and the deputy directors and members shall be appointed or removed by the standing committee of the people's congress at the corresponding level upon the recommendation of the director of the supervisory committee.
The term of office of the director of a local supervisory committee at any level shall be the same as that of each session of the people's congress at the corresponding level.
A local supervisory committee at any level shall be accountable to the people's congress at the corresponding level and its standing committee, as well as to the supervisory committee at the next higher level, and shall be subject to their supervision.
Article 10 The NSC shall lead the work of local supervisory committees at all levels, and higher-level supervisory committees shall lead the work of lower-level supervisory committees.
Article 11 Supervisory committees shall perform their supervisory, investigative, and disciplinary duties in accordance with this Law and provisions of applicable laws, including:
(1) Conducting integrity education for public officials, and supervise and inspect their lawful performance of duties, impartial exercise of power, adherence to integrity in governance and professional conduct, and moral conduct;
(2) Investigating duty-related violations and crimes, such as embezzlement, bribery, abuse of power, dereliction of duty, rent-seeking, benefit transfers, favoritism for personal gain, and waste of state assets; and
(3) Making decisions on administrative sanctions for public officials who violate the law; holding leading officials accountable for negligence or failure to perform their duties; transferring the results of investigations on suspected duty-related crimes to the people's procuratorate for legal review and prosecution; and making supervisory recommendations to the organizations employing persons subject to supervision.
Article 12 A supervisory committee at any level may assign or dispatch the supervisory authority and supervisory officials to the corresponding level of Communist Party of China (CPC) organs, state authorities, Chinese People's Political Consultative Conference (CPPCC) committees, organizations and entities authorized or mandated by laws and regulations to manage public affairs, as well as to specific regions, state-owned enterprises, and public institutions within their jurisdiction.
Upon approval by the NSC, the supervisory authority and supervisory officials assigned by the NSC to organizations under vertical management or dual leadership-primarily led by their higher-level authority-or to state-owned enterprises, may be further dispatched to subordinate entities of the host entity.
Upon approval by the NSC, the supervisory authority and supervisory officials assigned by the NSC may be further dispatched to ordinary higher education institutions managed by the leadership team of the host entity; and the supervisory authority assigned by the NSC in the State-owned Assets Supervision and Administration Commission of the State Council may be further dispatched to state-owned enterprises managed by the leadership team of the host entity.
Supervisory authorities and supervisory officials shall be accountable to the supervisory committee or supervisory authority or officials that assign or dispatch them.
Article 13 Supervisory authorities and supervisory officials assigned or dispatched shall, within the scope of their authorization and according to their administrative authority, supervise public officials in accordance with the law, make supervisory recommendations, and conduct investigations and disciplinary actions against public officials in accordance with the law.
Article 14 The State shall implement a supervisory officer system and establish the system for the ranking structure, appointment and removal, evaluation, and promotion of supervisory officers in accordance with the law.
Chapter III Scope of Supervision and Jurisdiction
Article 15 Supervisory authorities shall supervise the following public officials and related personnel:
(1) Civil servants of the CPC organs, people's congresses and their standing committees, people's governments, supervisory committees, people's courts, people's procuratorates, all levels of CPPCC committees, democratic parties, and federations of industry and commerce, as well as personnel managed with reference to the Civil Servant Law of the People's Republic of China;
(2) Personnel engaged in public duties in organizations as authorized by laws and regulations or legally entrusted by state authorities to manage public affairs;
(3) Managers of state-owned enterprises;
(4) Personnel engaged in management in public institutions in the fields of education, scientific research, culture, health, sports, etc.;
(5) Personnel engaged in management in grassroots self-governing organizations; and
(6) Other persons who perform public duties in accordance with the law.
Article 16 Supervisory authorities at all levels shall exercise jurisdiction over supervisory matters related to the personnel specified in Article 15 of this Law within their respective jurisdictions in accordance with their administrative authority.
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