Work Regulations for Leading Party and Government Cadre Promotions and Appointments

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.

党政领导干部选拔任用工作条例

第一章 总则

第一条 为认真贯彻执行党的干部路线方针政策,落实从严治党、从严管理干部的要求,建立科学规范的党政领导干部选拔任用制度,形成有效管用、简便易行、有利于优秀人才脱颖而出的选人用人机制,推进干部队伍革命化、年轻化、知识化、专业化,建设一支高举中国特色社会主义伟大旗帜,以马克思列宁主义、毛泽东思想、邓小平理论、“三个代表”重要思想和科学发展观为指导,信念坚定、为民服务、勤政务实、敢于担当、清正廉洁的高素质党政领导干部队伍,保证党的基本路线全面贯彻执行和中国特色社会主义事业顺利发展,根据《中国共产党章程》和有关法律法规,制定本条例。

第二条 选拔任用党政领导干部,必须坚持下列原则:

(一)党管干部原则;

(二)五湖四海、任人唯贤原则;

(三)德才兼备、以德为先原则;

(四)注重实绩、群众公认原则;

(五)民主、公开、竞争、择优原则;

(六)民主集中制原则;

(七)依法办事原则。

第三条 选拔任用党政领导干部,必须符合把领导班子建设成为坚持党的基本理论、基本路线、基本纲领、基本经验、基本要求,全心全意为人民服务,具有领导社会主义现代化建设能力,结构合理、团结坚强的领导集体的要求。

应当注重培养选拔优秀年轻干部,注重使用后备干部,用好各年龄段干部。

应当树立注重基层的导向。

第四条 本条例适用于选拔任用中共中央、全国人大常委会、国务院、全国政协、中央纪律检查委员会工作部门或者机关内设机构领导成员,最高人民法院、最高人民检察院领导成员(不含正职)和内设机构领导成员;县级以上地方各级党委、人大常委会、政府、政协、纪委、人民法院、人民检察院及其工作部门或者机关内设机构领导成员;上列工作部门内设机构领导成员。

选拔任用民族区域自治地方党政领导干部,法律法规和政策另有规定的,从其规定。

选拔任用参照公务员法管理的县级以上党委和政府直属事业单位和工会、共青团、妇联等人民团体及其内设机构领导成员,参照本条例执行。

上列机关、单位选拔任用非中共党员领导干部、处级以上非领导职务的干部,参照本条例执行。

第五条 本条例第四条所列范围中选举和依法任免的党政领导职务,党组织推荐、提名人选的产生,适用本条例的规定,其选举和依法任免按照有关法律、章程和规定进行。

第六条 党委(党组)及其组织(人事)部门按照干部管理权限履行选拔任用党政领导干部职责,负责本条例的组织实施。

第二章 选拔任用条件

第七条 党政领导干部应当具备下列基本条件:

(一)自觉坚持以马克思列宁主义、毛泽东思想、邓小平理论、“三个代表”重要思想和科学发展观为指导,努力用马克思主义立场、观点、方法分析和解决实际问题,坚持讲学习、讲政治、讲正气,思想上、政治上、行动上同党中央保持高度一致,经得起各种风浪考验。

(二)具有共产主义远大理想和中国特色社会主义坚定信念,坚决执行党的基本路线和各项方针政策,立志改革开放,献身现代化事业,在社会主义建设中艰苦创业,树立正确政绩观,做出经得起实践、人民、历史检验的实绩。

(三)坚持解放思想,实事求是,与时俱进,求真务实,认真调查研究,能够把党的方针政策同本地区本部门实际相结合,卓有成效开展工作,讲实话,办实事,求实效,反对形式主义。

(四)有强烈的革命事业心和政治责任感,有实践经验,有胜任领导工作的组织能力、文化水平和专业知识。

(五)正确行使人民赋予的权力,坚持原则,敢抓敢管,依法办事,清正廉洁,勤政为民,以身作则,艰苦朴素,勤俭节约,密切联系群众,坚持党的群众路线,自觉接受党和群众批评和监督,加强道德修养,讲党性、重品行、作表率,带头践行社会主义核心价值观,做到自重、自省、自警、自励,反对官僚主义,反对任何滥用职权、谋求私利的不正之风。

(六)坚持和维护党的民主集中制,有民主作风,有全局观念,善于团结同志,包括团结同自己有不同意见的同志一道工作。

第八条 提拔担任党政领导职务的,应当具备下列基本资格:

(一)提任县处级领导职务的,应当具有五年以上工龄和两年以上基层工作经历。

(二)提任县处级以上领导职务的,一般应当具有在下一级两个以上职位任职的经历。

(三)提任县处级以上领导职务,由副职提任正职的,应当在副职岗位工作两年以上,由下级正职提任上级副职的,应当在下级正职岗位工作三年以上。提任处级以上非领导职务的任职年限,按照有关规定执行。

(四)一般应当具有大学专科以上文化程度,其中厅局级以上领导干部一般应当具有大学本科以上文化程度。

(五)应当经过党校、行政院校、干部学院或者组织(人事)部门认可的其他培训机构的培训,培训时间应当达到干部教育培训的有关规定要求。确因特殊情况在提任前未达到培训要求的,应当在提任后一年内完成培训。

(六)具有正常履行职责的身体条件。

(七)符合有关法律规定的资格要求。提任党的领导职务的,还应当符合《中国共产党章程》规定的党龄要求。

第九条 党政领导干部应当逐级提拔。特别优秀或者工作特殊需要的干部,可以突破任职资格规定或者越级提拔担任领导职务。

破格提拔的特别优秀干部,应当德才素质突出、群众公认度高,并且符合下列条件之一:在关键时刻或者承担急难险重任务中经受住考验、表现突出、作出重大贡献;在条件艰苦、环境复杂、基础差的地区或者单位工作实绩突出;在其他岗位上尽职尽责,工作实绩特别显著。

因工作特殊需要破格提拔的干部,应当符合下列情形之一:领导班子结构需要或者领导职位有特殊要求的;专业性较强的岗位或者重要专项工作急需的;艰苦边远地区、贫困地区急需引进的。

破格提拔干部必须从严掌握。不得突破本条例第七条规定的基本条件和第八条第七项规定的资格要求。任职试用期未满或者提拔任职不满一年的,不得破格提拔。不得在任职年限上连续破格。不得越两级提拔。

第十条 拓宽选人视野和渠道,党政领导干部可以从党政机关选拔任用,也可以从党政机关以外选拔任用。地方党政领导班子成员应当注意从担任过县(市、区、旗)、乡(镇、街道)党政领导职务的干部和国有企事业单位领导人员中选拔。

第三章 动议

第十一条 党委(党组)或者组织(人事)部门按照干部管理权限,根据工作需要和领导班子建设实际,提出启动干部选拔任用工作意见。

第十二条 组织(人事)部门综合有关方面建议和平时了解掌握的情况,对领导班子进行分析研判,就选拔任用的职位、条件、范围、方式、程序等提出初步建议。

第十三条 初步建议向党委(党组)主要领导成员报告后,在一定范围内进行酝酿,形成工作方案。

第四章 民主推荐

第十四条 选拔任用党政领导干部,必须经过民主推荐。民主推荐包括会议推荐和个别谈话推荐,推荐结果作为选拔任用的重要参考,在一年内有效。

第十五条 领导班子换届,民主推荐按照职位设置全额定向推荐;个别提拔任职,按照拟任职位推荐。

第十六条 领导班子换届,民主推荐由同级党委(党组)主持,应当经过下列程序:

(一)召开推荐会,公布推荐职位、任职条件、推荐范围,提供干部名册,提出有关要求,组织填写推荐表;

(二)进行个别谈话推荐;

(三)对会议推荐和谈话推荐情况进行综合分析;

(四)向上级党委汇报推荐情况。

第十七条 领导班子换届,会议推荐由下列人员参加:

(一)党委成员;

(二)人大常委会、政府、政协党组成员或者全体领导成员;

(三)纪委领导成员;

(四)人民法院、人民检察院主要领导成员;

(五)党委工作部门、政府工作部门、人民团体主要领导成员;

(六)下一级党委和政府主要领导成员;

(七)其他需要参加的人员。

推荐人大常委会、政府、政协领导成员人选,应当有民主党派、工商联主要领导成员和无党派代表人士参加。

参加个别谈话推荐的人员参照上列范围确定,可以适当调整。

第十八条 领导班子换届,根据会议推荐、个别谈话推荐情况和领导班子结构需要,可以差额提出初步名单进行二次会议推荐。二次会议推荐由下列人员参加:

(一)党委成员;

(二)人大常委会、政府、政协党组成员或者全体领导成员;

(三)人民法院、人民检察院主要领导成员;

(四)纪委副书记;

(五)其他需要参加的人员。

第十九条 个别提拔任职的民主推荐程序,可以参照本条例第十六条、第十八条规定进行,也可以先进行个别谈话推荐,根据谈话情况,经党委(党组)或者组织(人事)部门研究,提出初步名单,再进行会议推荐。

第二十条 个别提拔任职,参加民主推荐人员按下列范围执行:

(一)民主推荐地方党政领导班子成员人选,参照本条例第十七条、第十八条规定执行,可以适当调整。

(二)民主推荐工作部门领导成员人选,会议推荐由本部门领导成员、内设机构领导成员、直属单位主要领导成员和其他需要参加的人员参加;本部门人数较少的,可以由全体人员参加。根据实际情况还可以吸收本系统下级单位主要领导成员参加。参加个别谈话推荐的人员参照上列范围确定,可以适当调整。

(三)民主推荐内设机构领导成员人选,参照前项所列范围确定。

第二十一条 个人向党组织推荐领导干部人选,必须负责地写出推荐材料并署名。所推荐人选经组织(人事)部门审核符合条件的,纳入民主推荐范围,缺乏民意基础的,不得列为考察对象。

第二十二条 党委和政府及其工作部门个别特殊需要的领导成员人选,可以由党委(党组)或者组织(人事)部门推荐,报上级组织(人事)部门同意后作为考察对象。

第五章 考察

第二十三条 确定考察对象,应当根据工作需要和干部德才条件,将民主推荐与平时考核、年度考核、一贯表现和人岗相适等情况综合考虑,充分酝酿,防止把推荐票等同于选举票、简单以推荐票取人。

第二十四条 有下列情形之一的,不得列为考察对象:

(一)群众公认度不高的。

(二)近三年年度考核结果中有被确定为基本称职以下等次的。

(三)有跑官、拉票行为的。

(四)配偶已移居国(境)外;或者没有配偶,子女均已移居国(境)外的。

(五)受到组织处理或者党纪政纪处分影响使用的。

(六)其他原因不宜提拔的。

第二十五条 领导班子换届,由本级党委书记与副书记、分管组织、纪检等工作的常委根据上级党委组织部门反馈的情况,对考察对象人选进行酝酿,本级党委常委会研究提出考察对象建议名单,经与上级党委组织部门沟通后,确定考察对象。对拟新进党政领导班子的考察对象,应当在一定范围内进行公示。

个别提拔任职,由党委(党组)研究确定考察对象。

考察对象一般应当多于拟任职务人数。

第二十六条 对确定的考察对象,由组织(人事)部门按照干部管理权限进行严格考察。

部门与地方双重管理干部的考察工作,由主管方负责,会同协管方进行。

第二十七条 考察党政领导职务拟任人选,必须依据干部选拔任用条件和不同领导职务的职责要求,全面考察其德、能、勤、绩、廉。

突出考察政治品质和道德品行,深入了解理想信念、政治纪律、坚持原则、敢于担当、开展批评和自我批评、行为操守等方面的情况。

注重考察工作实绩,深入了解履行岗位职责、推动和服务科学发展的实际成效。考察地方党政领导班子成员,应当把有质量、有效益、可持续的经济发展和民生改善、社会和谐进步、文化建设、生态文明建设、党的建设等作为考核评价的重要内容,更加重视劳动就业、居民收入、科技创新、教育文化、社会保障、卫生健康等的考核,强化约束性指标考核,加大资源消耗、环境保护、消化产能过剩、安全生产、债务状况等指标的权重,防止单纯以经济增长速度评定工作实绩。考察党政工作部门领导干部,应当把执行政策、营造良好发展环境、提供优质公共服务、维护社会公平正义等作为评价的重要内容。

加强作风考察,深入了解为民服务、求真务实、勤勉敬业、奋发有为,反对形式主义、官僚主义、享乐主义和奢靡之风等情况。

强化廉政情况考察,深入了解遵守廉洁自律有关规定,保持高尚情操和健康情趣,慎独慎微,秉公用权,清正廉洁,不谋私利,严格要求亲属和身边工作人员等情况。

各级党委(党组)应当根据实际,制定具体考察标准。

第二十八条 考察党政领导职务拟任人选,应当保证充足的考察时间,经过下列程序:

(一)组织考察组,制定考察工作方案;

(二)同考察对象呈报单位或者所在单位党委(党组)主要领导成员就考察工作方案沟通情况,征求意见;

(三)根据考察对象的不同情况,通过适当方式在一定范围内发布干部考察预告;

(四)采取个别谈话、发放征求意见表、民主测评、实地走访、查阅干部档案和工作资料、同考察对象面谈等方法,广泛深入地了解情况,根据需要进行民意调查、专项调查、延伸考察;

(五)综合分析考察情况,与考察对象的一贯表现进行比较、相互印证,全面准确地对考察对象作出评价;

(六)向考察对象呈报单位或者所在单位党委(党组)主要领导成员反馈考察情况,并交换意见;

(七)考察组研究提出人选任用建议,向派出考察组的组织(人事)部门汇报,经组织(人事)部门集体研究提出任用建议方案,向本级党委(党组)报告。

第二十九条 考察地方党政领导班子成员拟任人选,个别谈话和征求意见的范围一般为:

(一)党委和政府领导成员,人大常委会、政协、纪委、人民法院、人民检察院主要领导成员;

(二)考察对象所在单位领导成员;

(三)考察对象所在单位有关工作部门或者内设机构和直属单位主要领导成员;

(四)其他有关人员。

第三十条 考察工作部门领导班子成员拟任人选,个别谈话和征求意见的范围一般为:

(一)考察对象上级领导机关有关领导成员;

(二)考察对象所在单位领导成员;

(三)考察对象所在单位内设机构和直属单位主要领导成员;

(四)其他有关人员。

考察内设机构领导职务拟任人选,个别谈话和征求意见的范围参照上列规定执行。

第三十一条 考察党政领导职务拟任人选,应当听取考察对象所在单位组织(人事)部门、纪检监察机关、机关党组织的意见,根据需要可以听取巡视机构和其他相关部门意见。

组织(人事)部门应当就考察对象的党风廉政情况听取纪检监察机关的意见。对拟提拔的考察对象,应当查阅个人有关事项报告情况,必要时可以进行核实。对需要进行经济责任审计的考察对象,应当委托审计部门按照有关规定进行审计。

第三十二条 考察党政领导职务拟任人选,必须形成书面考察材料,建立考察文书档案。已经任职的,考察材料归入本人档案。考察材料必须写实,全面、准确、清楚地反映考察对象的情况,包括下列内容:

(一)德、能、勤、绩、廉方面的主要表现和主要特长;

(二)主要缺点和不足;

(三)民主推荐、民主测评等情况。

第三十三条 党委(党组)或者组织(人事)部门派出的考察组由两名以上成员组成。考察人员应当具有较高素质和相应资格。考察组负责人应当由思想政治素质好、有较丰富工作经验并熟悉干部工作的人员担任。

实行干部考察工作责任制。考察组必须坚持原则,公道正派,深入细致,如实反映考察情况和意见,对考察材料负责,履行干部选拔任用风气监督职责。

第六章 讨论决定

第三十四条 党政领导职务拟任人选,在讨论决定或者决定呈报前,应当根据职位和人选的不同情况,分别在党委(党组)、人大常委会、政府、政协等有关领导成员中进行酝酿。

工作部门领导成员拟任人选,应当征求上级分管领导成员的意见。

非中共党员拟任人选,应当征求党委统战部门和民主党派、工商联主要领导成员、无党派代表人士的意见。

部门与地方双重管理干部的任免,主管方应当事先征求协管方意见,进行酝酿。征求意见一般采用书面形式进行。协管方自收到主管方意见之日起一个月内未予答复的,视为同意。双方意见不一致时,正职的任免报上级党委组织部门协调,副职的任免由主管方决定。

第三十五条 选拔任用党政领导干部,应当按照干部管理权限由党委(党组)集体讨论作出任免决定,或者决定提出推荐、提名的意见。属于上级党委(党组)管理的,本级党委(党组)可以提出选拔任用建议。

对拟破格提拔的人选在讨论决定前,必须报经上级组织(人事)部门同意。越级提拔或者不经过民主推荐列为破格提拔人选的,应当在考察前报告,经批复同意后方可进行。

第三十六条 市(地、州、盟)、县(市、区、旗)党委和政府领导班子正职的拟任人选和推荐人选,一般应当由上级党委常委会提名并提交全委会无记名投票表决;全委会闭会期间急需任用的,由党委常委会作出决定,决定前应当征求全委会成员的意见。

第三十七条 党委(党组)讨论决定干部任免事项,必须有三分之二以上成员到会,并保证与会成员有足够时间听取情况介绍、充分发表意见。与会成员对任免事项,应当发表同意、不同意或者缓议等明确意见。在充分讨论的基础上,采取口头表决、举手表决或者无记名投票等方式进行表决。

党委(党组)有关干部任免的决定,需要复议的,应当经党委(党组)超过半数成员同意后方可进行。

第三十八条 党委(党组)讨论决定干部任免事项,应当按照下列程序进行:

(一)党委(党组)分管组织(人事)工作的领导成员或者组织(人事)部门负责人,逐个介绍领导职务拟任人选的推荐、考察和任免理由等情况,其中涉及破格提拔的人选,应当说明破格的具体情形和理由;

(二)参加会议人员进行充分讨论;

(三)进行表决,以党委(党组)应到会成员超过半数同意形成决定。

第三十九条 需要报上级党委(党组)审批的拟提拔任职的干部,必须呈报党委(党组)请示并附干部任免审批表、干部考察材料、本人档案和党委(党组)会议纪要、讨论记录、民主推荐情况等材料。上级组织(人事)部门对呈报的材料应当严格审查。

需要报上级备案的干部,应当按照规定及时向上级组织(人事)部门备案。

第七章 任职

第四十条 党政领导职务实行选任制、委任制,部分专业性较强的领导职务可以实行聘任制。聘任办法另行规定。

第四十一条 实行党政领导干部任职前公示制度。

提拔担任厅局级以下领导职务的,除特殊岗位和在换届考察时已进行过公示的人选外,在党委(党组)讨论决定后、下发任职通知前,应当在一定范围内进行公示。公示内容应当真实准确,便于监督,涉及破格提拔的,还应当说明破格的具体情形和理由。公示期不少于五个工作日。公示结果不影响任职的,办理任职手续。

第四十二条 实行党政领导干部任职试用期制度。

提拔担任下列非选举产生的厅局级以下领导职务的,试用期为一年:

(一)党委、人大常委会、政府、政协工作部门副职和内设机构领导职务;

(二)纪委内设机构领导职务;

(三)人民法院、人民检察院内设机构的非国家权力机关依法任命的领导职务。

试用期满后,经考核胜任现职的,正式任职;不胜任的,免去试任职务,一般按试任前职级安排工作。

第四十三条 实行任职谈话制度。对决定任用的干部,由党委(党组)指定专人同本人谈话,肯定成绩,指出不足,提出要求和需要注意的问题。

第四十四条 党政领导职务的任职时间,按照下列时间计算:

(一)由党委(党组)决定任职的,自党委(党组)决定之日起计算;

(二)由党的代表大会、党的委员会全体会议、党的纪律检查委员会全体会议、人民代表大会、政协全体会议选举、决定任命的,自当选、决定任命之日起计算;

(三)由人大常委会或者政协常委会任命或者决定任命的,自人大常委会、政协常委会任命或者决定任命之日起计算;

(四)由党委向政府提名由政府任命的,自政府任命之日起计算。

第八章 依法推荐、提名和民主协商

第四十五条 党委向人民代表大会或者人大常委会推荐需要由人民代表大会或者人大常委会选举、任命、决定任命的领导干部人选,应当事先向人民代表大会临时党组织或者人大常委会党组和人大常委会组成人员中的党员介绍党委推荐意见。人民代表大会临时党组织、人大常委会党组和人大常委会组成人员及人大代表中的党员,应当认真贯彻党委推荐意见,带头依法办事,正确履行职责。

第四十六条 党委向人民代表大会推荐由人民代表大会选举、决定任命的领导干部人选,应当以本级党委名义向人民代表大会主席团提交推荐书,介绍所推荐人选的有关情况,说明推荐理由。

党委向人大常委会推荐由人大常委会任命、决定任命的领导干部人选,应当在人大常委会审议前,按照规定程序提出,介绍所推荐人选的有关情况。

第四十七条 党委向政府提名由政府任命的政府工作部门和机构领导成员人选,在党委讨论决定后,由政府任命。

第四十八条 领导班子换届,党委推荐人大常委会、政府、政协领导成员人选和人民法院院长、人民检察院检察长人选,应当事先向民主党派、工商联主要领导成员和无党派代表人士通报有关情况,进行民主协商。

第四十九条 党委推荐的领导干部人选,在人民代表大会选举、决定任命或者人大常委会任命、决定任命前,如果人大代表或者人大常委会组成人员对所推荐人选提出不同意见,党委应当认真研究,并作出必要的解释或者说明。如果发现有事实依据、足以影响选举或者任命的问题,党委可以建议人民代表大会或者人大常委会按照规定程序暂缓选举、任命、决定任命,也可以重新推荐人选。

政协领导成员候选人的推荐和协商提名,按照政协章程和有关规定办理。

第九章 公开选拔和竞争上岗

第五十条 公开选拔、竞争上岗是党政领导干部选拔任用的方式之一。公开选拔面向社会进行,竞争上岗在本单位或者本系统内部进行,应当从实际出发,合理确定选拔职位、数量和范围。一般情况下,领导职位出现空缺且本地区本部门没有合适人选的,特别是需要补充紧缺专业人才的,可以进行公开选拔;领导职位出现空缺,本单位本系统符合资格条件人数较多且人选意见不易集中的,可以进行竞争上岗。

公开选拔县处级以下领导干部,一般不跨省(自治区、直辖市)进行。

第五十一条 公开选拔、竞争上岗方案设置的条件和资格,应当符合本条例第七条和第八条的规定,不得因人设置资格条件。资格条件突破规定的,应当事先报上级组织(人事)部门审核同意。

第五十二条 公开选拔、竞争上岗工作在党委(党组)领导下进行,由组织(人事)部门组织实施,应当经过下列程序:

(一)公布职位、资格条件、基本程序和方法等;

(二)报名与资格审查,参加公开选拔的应当经所在单位同意;

(三)采取适当方式进行能力和素质测试、测评,比选择优(竞争上岗也可以先进行民主推荐);

(四)组织考察,研究提出人选方案;

(五)党委(党组)讨论决定;

(六)履行任职手续。

第五十三条 公开选拔、竞争上岗应当科学规范测试、测评,突出岗位特点,突出实绩竞争,注重能力素质和一贯表现,防止简单以分数取人。

第十章 交流、回避

第五十四条 实行党政领导干部交流制度。

(一)交流的对象主要是:因工作需要交流的;需要通过交流锻炼提高领导能力的;在一个地方或者部门工作时间较长的;按照规定需要回避的;因其他原因需要交流的。

交流的重点是县级以上地方党委和政府的领导成员,纪委、人民法院、人民检察院、党委和政府部分工作部门的主要领导成员。

(二)地方党委和政府领导成员原则上应当任满一届,在同一职位上任职满十年的,必须交流;在同一职位连续任职达到两个任期的,不再推荐、提名或者任命担任同一职务。

同一地方(部门)的党政正职一般不同时易地交流。

(三)党政机关内设机构处级以上领导干部在同一职位上任职时间较长的,应当进行交流或者轮岗。

(四)经历单一或者缺少基层工作经历的年轻干部,应当有计划地到基层、艰苦边远地区和复杂环境工作。

(五)加强干部交流统筹。推进地区之间、部门之间、地方与部门之间、党政机关与国有企事业单位及其他社会组织之间的干部交流。

(六)干部交流由党委(党组)及其组织(人事)部门按照干部管理权限组织实施,严格把握人选的资格条件。干部个人不得自行联系交流事宜,领导干部不得指定交流人选。同一干部不宜频繁交流。

(七)交流的干部接到任职通知后,应当在党委(党组)或者组织(人事)部门限定的时间内到任。跨地区跨部门交流的,应当同时迁转行政关系、工资关系和党的组织关系。

第五十五条 实行党政领导干部任职回避制度。

党政领导干部任职回避的亲属关系为:夫妻关系、直系血亲关系、三代以内旁系血亲以及近姻亲关系。有上列亲属关系的,不得在同一机关担任双方直接隶属于同一领导人员的职务或者有直接上下级领导关系的职务,也不得在其中一方担任领导职务的机关从事组织(人事)、纪检监察、审计、财务工作。

领导干部不得在本人成长地担任县(市)党委和政府以及纪检机关、组织部门、人民法院、人民检察院、公安部门正职领导成员,一般不得在本人成长地担任市(地、盟)党委和政府以及纪检机关、组织部门、人民法院、人民检察院、公安部门正职领导成员。

第五十六条 实行党政领导干部选拔任用工作回避制度。

党委(党组)及其组织(人事)部门讨论干部任免,涉及与会人员本人及其亲属的,本人必须回避。

干部考察组成员在干部考察工作中涉及其亲属的,本人必须回避。

第十一章 免职、辞职、降职

第五十七条 党政领导干部有下列情形之一的,一般应当免去现职:

(一)达到任职年龄界限或者退休年龄界限的。

(二)受到责任追究应当免职的。

(三)辞职或者调出的。

(四)非组织选派,离职学习期限超过一年的。

(五)因工作需要或者其他原因,应当免去现职的。

第五十八条 实行党政领导干部辞职制度。辞职包括因公辞职、自愿辞职、引咎辞职和责令辞职。

辞职应当符合有关规定,手续依照法律或者有关规定程序办理。

第五十九条 引咎辞职、责令辞职和因问责被免职的党政领导干部,一年内不安排职务,两年内不得担任高于原任职务层次的职务。同时受到党纪政纪处分的,按照影响期长的规定执行。

第六十条 实行党政领导干部降职制度。党政领导干部在年度考核中被确定为不称职的,因工作能力较弱、受到组织处理或者其他原因不适宜担任现职务层次的,应当降职使用。降职使用的干部,其待遇按照新任职务的标准执行。

降职使用的干部重新提拔,按照有关规定执行。

第十二章 纪律和监督

第六十一条 选拔任用党政领导干部,必须严格执行本条例的各项规定,并遵守下列纪律:

(一)不准超职数配备、超机构规格提拔领导干部,或者违反规定擅自设置职务名称、提高干部职级待遇;

(二)不准采取不正当手段为本人或者他人谋取职位;

(三)不准违反规定程序推荐、考察、酝酿、讨论决定任免干部;

(四)不准私自泄露动议、民主推荐、民主测评、考察、酝酿、讨论决定干部等有关情况;

(五)不准在干部考察工作中隐瞒或者歪曲事实真相;

(六)不准在民主推荐、民主测评、组织考察和选举中搞拉票等非组织活动;

(七)不准利用职务便利私自干预下级或者原任职地区、单位干部选拔任用工作;

(八)不准在工作调动、机构变动时,突击提拔、调整干部;

(九)不准在干部选拔任用工作中封官许愿,任人唯亲,营私舞弊;

(十)不准涂改干部档案,或者在干部身份、年龄、工龄、党龄、学历、经历等方面弄虚作假。

第六十二条 加强干部选拔任用工作全程监督,严肃查处违反组织人事纪律的行为。对违反本条例规定的事项,按照有关规定对党委(党组)主要领导成员和有关领导成员、组织(人事)部门有关领导成员以及其他直接责任人作出组织处理或者纪律处分。

对无正当理由拒不服从组织调动或者交流决定的,依照法律及有关规定予以免职或者降职使用。

第六十三条 实行党政领导干部选拔任用工作责任追究制度。凡用人失察失误造成严重后果的,本地区本部门用人上的不正之风严重、干部群众反映强烈以及对违反组织人事纪律的行为查处不力的,应当根据具体情况,追究党委(党组)主要领导成员、有关领导成员、组织(人事)部门和纪检监察机关有关领导成员以及其他直接责任人的责任。

第六十四条 党委(党组)及其组织(人事)部门对干部选拔任用工作和贯彻执行本条例的情况进行监督检查,受理有关干部选拔任用工作的举报、申诉,制止、纠正违反本条例的行为,并对有关责任人提出处理意见或者处理建议。

纪检监察机关、巡视机构按照有关规定,对干部选拔任用工作进行监督检查。

第六十五条 实行组织(人事)部门与纪检监察机关等有关单位联席会议制度,就加强对干部选拔任用工作的监督,沟通信息,交流情况,提出意见和建议。联席会议由组织(人事)部门召集。

第六十六条 党委(党组)及其组织(人事)部门在干部选拔任用工作中,必须严格执行本条例,自觉接受组织监督和群众监督。下级机关和党员、干部、群众对干部选拔任用工作中的违纪违规行为,有权向上级党委(党组)及其组织(人事)部门、纪检监察机关举报、申诉,受理部门和机关应当按照有关规定查核处理。

第十三章 附则

第六十七条 本条例对工作部门的规定,同时适用于办事机构、派出机构、特设机构以及其他直属机构。

第六十八条 选拔任用乡(镇、街道)的党政领导干部,由省、自治区、直辖市党委根据本条例制定相应的实施办法。

第六十九条 中国人民解放军和中国人民武装警察部队领导干部的选拔任用办法,由中央军事委员会根据本条例的原则规定。

第七十条 本条例由中共中央组织部负责解释。

第七十一条 本条例自发布之日起施行。2002年7月9日中共中央印发的《党政领导干部选拔任用工作条例》同时废止。

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2 thoughts on “Work Regulations for Leading Party and Government Cadre Promotions and Appointments

  1. Pingback: Latest Updates | China Copyright and Media

  2. Pingback: Work Regulations for Leading Party and Government Cadre Promotions and Appointments - China Digital Times (CDT)

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