Regulations on the Civil Servants of the Chinese People's Liberation Army
Regulations on the Civil Servants of the Chinese People's Liberation Army
Regulations on the Civil Servants of the Chinese People's Liberation Army
Order of State Council and Central Millitary Commission No. 438
June 23, 2005
The Regulations on the Civil Servants of the Chinese People's Liberation Army is hereby promulgated and shall come into force as of August 1, 2005.
Premier of the State Council, Wen Jiabao
Chairman of the Central Military Commission, Hu Jintao
Regulations on the Civil Servants of the Chinese People's Liberation Army
Chapter I General Provisions
Article 1 These Regulations is formulated for the purpose of making use of social human resources to serve the army construction, regulating the employment and administration of the civil servants, building a team of high-quality civil servants, and adapting to the requirements of the army's revolutionization, modernization and normalization construction.
Article 2 The term "civil servants" as mentioned in these Regulations refers to those not-in-service personnel that are employed to work for the army pursuant to the prescribed staff and are performing corresponding duties of in-service officers (civilian cadres) at the same kind of posts.
Article 3 The civil servants shall be subject to an employment system, in which they shall enjoy the rights and fulfill the obligations as prescribed in these Regulations.
Article 4 The guidelines of respecting work, knowledge, talents and innovation and the principles of making appointment on merits, having both political integrity and professional competence, being fair and selecting the best shall be implemented in the employment and administration of the civil servants.
Article 5 The General Political Department of the Chinese People's Liberation Army shall take charge of the work of the whole army relating to civil servants; and the political department of each entity at or above the regimental level shall be responsible for the work relating to the civil servants of its own entity.
Chapter II Rights and Obligations
Article 6 The civil servants shall enjoy the following rights:
(1)Participating in the political life, and obtaining political honor as well as mental and physical rewards;
(2)Obtaining remunerations for work, and enjoying corresponding welfare treatments and social securities;
(3)Having necessary working conditions for fulfilling the duties attached to their respective posts;
(4)No employment contract may be dissolved and no punishment may be imposed without any statutory cause or through the prescribed procedures;
(5)Dissolving an employment contract with an employing entity pursuant to the prescribed conditions and procedures; and
(6)Applying for settling a personnel dispute pursuant to the provisions.
Article 7 The civil servants shall enjoy the following obligations:
(1)Being loyal to the motherland and the Chinese Communist Party, and exerting themselves to serve the army construction;
(2)Abiding by the Constitution, laws and regulations and the relevant rules and systems as set down by the army;
(3)Obeying orders and commands, observing disciplines, and keeping secrets;
(4)Performing employment contracts, taking part in battles, military exercises, military drills and emergency handling;
(5)Being solidary, cooperative, industrious and dedicated, and scrupulously abiding by the professional ethics; and
(6)Learning and commanding scientific, cultural and professional knowledge necessary for fulfilling duties required by their respective posts, and improving their actual working abilities.
Chapter III Scope of Employment and Establishment of Posts
Article 8 The civil servants may be employed at such professional technical posts as teaching, scientific research, engineering, health, recreational and sports, books and archives, etc. and the non-professional technical posts as some of the management affairs and service guarantee posts in the organs at or above the army level and the non-combat armed forces located at places other than those remote and tough regions (hereinafter referred to as employing entities).
In terms of the posts to be taken, the civil servants may be divided into professional technical civil servants and non-professional technical civil servants.
Article 9 The staffing size of civil servants of the entire army shall be determined by the Central Military Commission. The size of civil servants of an employing entity and the alteration thereof shall be determined by the organizational and staffing organ of an army pursuant to the organizational and staffing power.
Article 10 The post grades for civil servants shall be:
(1)elementary professional technical posts, intermediate professional technical posts and higher professional technical posts in the case of grades of professional technical posts;
(2)sixth-degree posts, fifth-degree posts, fourth-degree posts, third-degree posts and second-degree posts from low to high levels in the case of grades of non-professional technical posts.
Each grade of non-professional technical posts respectively corresponds to the parallel grade of staff members at the same kind of posts in public institutions as prescribed by the State.
Article 11 Names, numbers and grades of the posts for civil servants shall be determined pursuant to the prescribed staff.
Chapter IV Employment Requirements
Article 12 A civilian shall meet the following fundamental requirements:
(1)complying with the political requirements for recruiting citizens to serve in the army;
(2)complying with the duty requirements required by the post to be taken and the corresponding qualification requirements;
(3)having an educational background of bachelor's degree or higher, however, the requirements may be relaxed for professional technical posts of nursing, art and sports; and
(4)being in good health.
The qualification requirements for the posts of civil servants shall be determined by reference to the professional technical qualifications or employment qualification requirements for serving officers (civilian cadres) at the same kinds of posts.
The health requirements for civil servants shall be determined by reference to the physical check-up standards for citizens to be recruited.
Article 13 The maximum age for a civilian to be employed for the first time shall be:
(1)35 years old for an elementary professional technical post or a sixth-grade or fifth-grade post;
(2)40 years old for a secondary professional technical post or a fourth-grade or third-grade post; and
(3)45 years old for a senior professional technical post or a second-grade post.
Article 14 The maximum age for a civilian shall be:
(1)40 years old for an elementary professional technical post or a sixth-grade or fifth-grade post;
(2)45 years old for a secondary professional technical post or a fourth-grade or third-grade post; and
(3)60 years old for a male senior professional technical post or second-grade post and 55 years old for a female senior professional technical post or second-grade post; the maximum age for working at a senior professional technical post may be properly extended due to the requirements of the work after obtaining the approval of an entity at the level of military area command.
Chapter V Establishment of the Employment Relationship
Article 15 Where there is any vacancy in the posts of civil servants, a public employment shall be conducted therefor unless it is a post involved in any confidential work.
Article 16 An employing entity shall form a working committee for employment of civil servants composed by the principal of its political department, functionaries of pertinent departments and experts, which shall be responsible for examination, assessment and appraisal of job hunters.
Article 17 The employment of civil servants shall be conducted pursuant to the following procedures:
(1)publishing recruitment posts and the requirements and benefits of each post;
(2)conducting a preliminary examination of job hunters pursuant to these Regulations;
(3)conducting an examination and check of those persons that are found to be qualified upon preliminary examination in terms of their professional theories, skills and relevant scientific and cultural knowledge, and organizing a thesis defense or assessment of any person to be employed at a senior professional technical post or a second-grade post;
(4)conducting a political examination and a physical check-up to those persons that are found to be qualified upon examination, check or thesis defense and assessment;
(5)determining the name list of those that have been preliminarily chosen on a selective basis;
(6)examining and examining according to Article 18 of these Regulations; and
(7)signing an employment contract with a job hunter that is approved.
Article 18 The employment of civil servants shall be subject to the examination and approval pursuant to the following powers:
(1)The employment for an elementary professional technical post or a sixth-grade or fifth-grade post shall be subject to the examination and approval of an entity at the regimental level;
(2)The employment for a secondary professional technical post or a fourth-grade shall be subject to the examination and approval of an entity at the division level;
(3)The employment for a senior professional technical post or a third-grade post shall be subject to the examination and approval of an entity at the army level, of which, the employment for a senior professional technical post, if the contractual term thereof will be up to the maximum working age, shall be subject to the examination and approval of an entity at the level of military area command; and
(4)The employment for a second -grade post shall be subject to the examination and approval of an entity at the level of military area command.
Article 19 An employment contract shall include:
(1)the term of the contract;
(2)the name and the grade of the post;
(3)responsibilities for the post;
(4)disciplines for the post;
(5)working conditions for the post;
(6)wages, welfare benefits and social securities;
(7)conditions for modification, extension, renewal, termination and dissolution of the contract;
(8)liabilities for breach of contract; and
(9)other matters as considered necessary to be stipulated by both parties.
An employment contract shall be in written form, and be in triplicate, respectively kept by the civilian, the employing entity and the approval entity.
Article 20 The term of an employment contract shall respectively be:
(1)one up to three years for an elementary or secondary professional technical post or a sixth-grade, fifth-grade, fourth-grade or third-grade post; and
(2)one up to four years for a senior professional technical post or a second-grade post.
The term of an employment contract with a civilian newly graduated from a regular institution of higher education shall be six years if there is an internship period, or five years if there is no internship period.
There shall be a probation period of one up to six months for a civilian employed for the first time.
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