This is a preliminary translation of the Provisions on Advancing Capacity to Promote and Demote Leading Cadres, to which I have contributed on China Law Translate.
Several Provisions on Advancing Capacity to Promote and Demote Leading Cadres (Provisional)
Article 1: In order to implement the Party Centre's demand of comprehensively and strictly governing the Party, strictly enforce the Party's political discipline and political norms, perfect structures and systems to manage cadre ranks in a strict manner, create a selection and appointment mechanism with promotion and demotion, build high-quality cadre ranks with firm ideals and convictions, which serve the people, are assiduous and pragmatic, who dare to take on burdens, are upright, just and clean in government, on the basis of the provisions of the "Party and Government Leading Cadre Selection and Appointment Work Regulations" and other such intra-Party regulations as well as the provisions of the "Public Servant Law of the People's Republic of China" and other such laws, these Regulations are formulated.
Article 2: " Advancing Capacity to Promote and Demote Leading Cadres " as used in these Provisions, emphasizes resolving issues in demoting cadres.The Party must supervise itself, the Party must be ruled strictly must be upheld. Seeking truth from facts, fairness and uprightness must be upheld. Everyone should be compatible with his post, and everyone should give their best must be upheld. Compliance with the law and regulations, proactiveness and reliability, putting one's efforts in resolving problems such as those of crooked cadres, incapable cadres and chaotic cadres must be upheld, inducing leading cadres to consciously practice the requests posed by "three stricts and the three earnests", and to promote the formation of a human resources orientation and a political environment where the capable are promoted, the mediocre are demoted, and the inferior are discarded.
Article 3:These provisions apply to leading cadres of relevant central and national departments, and local party and government organs at the county level or higher.
These provisions are applied by reference to village (township or street) Party and Government leading cadres.
These Provisions principally regulate organizations adjustments involving leading cadres.Where a violation of law or discipline is involved, it is handled in accordance with the Party's disciplinary rules and relevant laws and regulations.
Article 4: To advance the promotion and the demotion of leading cadres, provisions concerning the cadre appointment and removal (retirement) system, provisions concerning leaving one's office upon expiration of one's term of office shall be strictly enforced, while work on investigating [cadre] accountability, and adjusting cadres unfit to serve in their post shall be strengthened.
Article 5:The cadre retirement system shall be strictly enforced. Where cadres have reached the age limit for their post or the age or retirement, their dismissal (retirement) procedure shall be handled in accordance with statutory procedures. Where, due to the demands of work, demotion (retirement) are postponed, the Party committee (Party group) shall, in accordance with their cadre management powers, raise an opinion, and seek the agreement of the Party organization at the next higher level.
Article 6:The leading cadres tenure system, and the term system shall be strictly enforced. Age limits on successive terms and highest posts shall, in general, not be prolonged. Appraisal and management during the term of cadre appointment shall be strengthened. Whoever is appraised and found unsuited to the continuation of his appointment shall have his appointment terminated during his term of office, shall be relieved from his duties, and shall not continue to remain in office on grounds that his term has not been completed. Removal of leading cadres during their term is handled in accordance with prescribed procedures.
Article 7:Increase the accountability of leading cadres.Except for those circumstances listed under article 5 of the "Interim Provisions on the accountability of Party-state leading cadres", concerned leading cadres shall be held accountable whenever one of the following circumstances are present:
(1) slackness in implementing the responsibility system whereby the Party shall be ruled strictly; unfulfillment of the responsibility system on the construction of the Party's work style and clean governance; repeated occurrence, in a relatively short period of time, of violations of discipline or violations of the law within one's area, department, unit or field of management;
(2) a weak sense of the rule of law; not handling matters in accordance with the law; not making strategic decisions in accordance with statutory procedure; or postponing strategic decisions which, by law, shall be timely made thereby causing and adverse influence and outcomes;
(3) Weak construction of the work-style, and relative prominence of formalism, bureaucratism, hedonism and extravagance within one's area, department, unit, or field of management.
(4) Nepotism in the work of cadres selection and appointment, engagement in corrupt practices, relatively prominent unhealthy tendencies in one's area, department, unit or field of management;
(5) Weak education and supervision of one's spouse, children and their spouses, and close staff members; lack of restraint which leads to acquiescence with the use of one's authority for their benefit, or the use of one's professional influence to obtain illicit benefits.
Where one of the above circumstances occur, concerned leaders shall be held accountable in ways including providing a public apology, being suspended from their duties and examined, admitting their responsibility and resigning, be ordered to resigned, or being relieved from their post. The procedure to hold cadres accountable shall be implemented in accordance with the "Interim Provisions on the accountability of Party-state leading cadres".
Article 8:Adjustments shall be made of cadres unfit to serve in their current post."Unfit to serve in their current position" principally refers to cadres' ethics, ability, diligence or integrity not meeting the requirements of their office, so they are unfit to continue filling their current post.
Where cadres are in one of the following circumstances, and do not correct [themselves] following a warning from their organization, education or the receipt of a written enquiry, or "prohibition and exhortation", they shall be deemed unfit to serve in their current position, and they shall be promptly adjusted.
(1) Failure to comply with the Party's political discipline and the established political standards; failure to resolutely enforce the Party's basic line and any guidelines and policies; inability to maintain a high degree of ideological, political, practical conformity with the Party's central organs.
(2) A shaky faith in ideals, an unsteady political position on important matters of principle, inability to be put to the test during crucial times;
(3) Contravening the Party's principle of democratic centralism, acting arbitrarily, or weakly and in a disorganized way, refusal to enforce or arbitrary alternation of decisions issued by Party organizations, starting unprincipled disputes within the leading cadre group.
(4) A weak sense of organization, not enforcing the system of requesting instructions and reporting serious circumstances, or untruthfully reporting or concealing one's relevant personal matters.
(5) Contravening the spirit of the Eight Rules of the Central Committee, do not strictly observe provisions relevant to good governance;
(6) Being undaring, irresponsible, and incapable as a cadre, indolence and procrastination, which cause relatively big complaints by cadres and the masses.
(7) Inability to effectively perform one's duties, to fulfill one's work tasks as requested, a retrograde state of affairs or relatively big mistakes in the work of one's unit, or in the work under one's management.
(8) Improper moral conduct, or violation of social morality, unhealthy influence caused by one's professional ethics, or one's family ethics and morality.
(9) Relocation of one's spouse abroad, or absent a spouse, relocation of all of one's children abroad, and unsuitability to serve in one's current position.
(10) other circumstances which make one unsuited to serve in his current position.
Article 9:Adjustments for cadres unsuited for their current positions, are generally conducted in accordance with the following procedures:
(1) Investigation and verification.Yearly appraisals, ordinary appraisals, investigations of the post, inspections, audits, random checks on reports on personal matters, democratic appraisals through discussion, checks on complaint letters and other circumstances shall be comprehensively analyzed, through a focussed investigation and verification, an objective and fair assessment shall be made, as well as an accurate determination of the facts. Attention shall be paid to listening to reports by the masses, understanding opinions commonly held by the masses, and particularly listening to work partners, service partners and other relevant personnel.
(2) Submission of an adjustment recommendation.Party committees (Party groups) or organizational (personnel) departments submit adjustment recommendations on cadres unfit to serve in their current position, on the basis of the the conclusions of evaluation and verification.The adjustment recommendation includes the reason for the adjustment, the method of adjustment, and other such content.Before an adjustment recommendation is submitted, a conversation shall be had with the cadres themselves, explaining the reasons for the adjustment and hearing their explanations and comments.
(3) Organizational decisions.Party Committees (Party groups) convene collective study meetings, to make adjustment decisions.Before making a decision, the opinions of relevant parties shall be heard.
(4) Conversation.The responsible comrade of Party committees (party groups) or the responsible comrade for organizational (personnel) departments talk to the subject of the adjustment, announcing the organizational decision and earnestly and carefully take care of ideological work.
(5) Follow the relevant provisions to perform the removal procedures.The election and appointment or removal of cadres according to law, are conducted in accordance with procedures set forth in the relevant laws and regulations.
Where a cadre does not accept the adjustment decision, he may request its reconsideration in accordance with relevant provisions, or file an appeal to the next higher level organization (personnel) department. The enforcement of adjustments does not stop during reviews or appeals, A cadre's rank and salary shall be adjusted starting from the month following the adjustment of the cadre's position.
Article 10:Cadres unfit to serve in their current position shall, on the basis of their overall behavior and work demands, according to their respective situation, be adjusted in such ways as being transferred, being assigned to non-leadership duties, being dismissed, being demoted to a lower rank.Appropriate arrangements shall be made for cadres who due to personal reasons are not qualified for their current position.
Article 11:Whoever has been transferred to a different position, assigned to non-leadership duties, or dismissed shall not be selected for promotion for one year. Whoever has been demoted to a lower rank shall not be selected for promotion for two years. At the end of such periods of time, those with outstanding moral and work performance and work accomplishment may be selected for promotion due to the demands of work, after an assessment of their suitability to the conditions of their appointment.
Article 12:Where due to health reasons, cadres cannot regularly perform their job duties for one year or longer, their work post shall be adjusted.After recovery, make arrangements consulting their original position.
Article 13:Where cadres should be removed from Office for violations of law or discipline, promptly remove them from office in accordance with the provided procedures.
Article 14:In moving forward the work of cadre promotion and demotion, work discipline will be strictly enforced, it is not permitted to engage in "good-personism" [Translator's note: this means the idea of seeking good relaitons with everyone], it is not permitted to avoid major matters and dwell on trivial matters, to avoid organizational restructuring through disciplinary punishment or avoid disciplinary punishment through organizational restructuring , it is not permitted to seize opportunities for retaliation.
Article 15:A solid responsibility system to advance the promotion and demotion of leading cadres shall be constructed, where Party committees (Party groups), shall assume major responsibility, Party Committees (Party groups) secretaries shall be the first person in charge, and organization (personnel) departments shall assume responsibility for concrete work. Advancing the promotion and demotion of leading cadres shall become a major component of comprehensively and severely ruling the Party, severely managing cadres. Principles shall be upheld, and one should dare to take responsibility to truly supervise in a truly strict manner, to dare supervise in a daring manner, and to supervise constantly in a constantly strict manner. The understanding of cadres' daily activities shall be strengthened, the situation of the leading cadre group shall be periodically analyzed and researched, and adjustment of cadres who shall be adjusted shall be promptly made. Cadres who have been demoted in an adjustment are given caring assistance, and directed strengthening of education and management.Correctly grasp the limits of the policy, paying attention to protecting cadres enthusiasm for entrepreneurship and innovation; and be tolerant of mistakes in exploring reforms.
Article 16:Party committees (Party groups) at each level and their organization (personnel) departments shall strengthen supervision and inspection on the work of advancing the promotion and demotion of leading cadres, understand and know well relevant circumstances. Where anyone is inefficient on their work, the responsibility of the person in charge of their Party committee (Party group) and its organization (personnel) department and other relevant personnel shall be strictly prosecuted in accordance with concrete circumstances.
Article 17:Party Committees (Party groups) of all departments of all regions may formulate detailed implementation measures on the basis of these provisions combined with their own actual circumstances.
Article 18: The Organization Department of the CPC Central Committee is responsible for the interpretation of these provisions.
Article 19:These provisions come into force on July 19, 2015.