Highlight the characteristics of the group and improve the work skills. In order to deeply study, publicize and implement the spirit of the 20th National Congress of the Communist Party of China, comprehensively broaden the thinking and vision of the organization cadres, and continue to build a model department that "stresses politics, values justice, is professional and has a good work style", the "Western Fujian Party Banner Red" WeChat public account "Organization Engineering School" column will successively launch organizational work policies, regulations, systems and regulations, discussion and exchanges, case analysis, characteristic practices and other related content, continuously improve professional capabilities and comprehensive quality, and provide a strong organizational guarantee for the construction of a high-quality development demonstration area in the old revolutionary area of western Fujian! The Regulations on the Transfer of Civil Servants were introduced today.
Provisions for the transfer of civil servants
Formulated by the Organization Department and Personnel Department of the CPC Central Committee on February 29, 2008, revised by the Organization Department of the CPC Central Committee on October 15, 2019, and issued on November 26, 2019
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the "Civil Servants Law of the People's Republic of China" (hereinafter referred to as the Civil Servants Law) and other relevant laws and regulations, so as to broaden the horizons and channels for selecting personnel, optimize the structure of the civil service contingent, standardize the transfer of civil servants, and build a contingent of high-quality professional civil servants who have firm convictions, serve the people, are diligent and pragmatic, dare to take on responsibilities, and are honest and honest.
Article 2: "Transfer" as used in these Provisions refers to the transfer of persons engaged in public service in state-owned enterprises, institutions of higher learning, scientific research institutes, and other public institutions not managed with reference to the Civil Servants Law to hold leading positions in organs or to rank at or above level 4 investigator and other equivalent levels.
Civil servants transferred to the level shall mainly supplement outstanding professional personnel in short supply in the organs.
Where there are other provisions for the transfer of leading members, those provisions shall prevail.
Article 3 The transfer of civil servants shall be guided by Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thinking of the "three represents", the Scientific Outlook on Development and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, implement the organizational line and cadre work principles and policies of the Communist Party of China in the new era, highlight political standards, combine organizational arrangements with personal wishes in accordance with the needs of work and contingent building and qualification conditions, strictly control them, appoint them on the basis of merit, and adhere to the following principles:
(1) Party management of cadres;
(2) Possess both ability and integrity, put virtue first, and appoint people on the basis of merit;
(3) Career-oriented, suitable for the post, and suitable for personnel;
(4) Be fair and upright, pay attention to actual results, and be recognized by the masses;
(5) Handle matters in accordance with laws and regulations.
Article 4 The transfer shall be made within the prescribed establishment quota and number of posts, and there shall be corresponding vacancies.
Article 5 The competent departments for civil servants at all levels shall be responsible for the comprehensive management and supervision and inspection of the transfer of civil servants in accordance with their management authority and division of duties.
Chapter II: Eligibility Requirements for Transfer
Article 6 In addition to meeting the requirements stipulated in Article 13 of the Civil Servants Law, candidates for transfer shall also meet the following qualifications:
(1) Have a firm political stance and excellent political quality, strengthen the "four consciousnesses," strengthen the "four self-confidences," and achieve the "two safeguards."
(2) Have the ability and quality, cultural level and professional quality to be competent for work, be diligent and dedicated, and have outstanding achievements.
(3) Have work experience and qualifications equivalent to the requirements of the position to be transferred.
(4) Have the minimum number of years of service required for promotion to the grade of the proposed post as stipulated in the Civil Servants Law and its supporting regulations.
Where professional and technical personnel are transferred to an organ, they shall hold a deputy senior professional and technical position for more than two years, or have already held a senior professional and technical position.
(5) Those who are transferred to serve in central organs or provincial-level organs shall have a bachelor's degree or above; Those who are transferred to serve in organs below the city (prefecture) level shall have a college degree or above.
(6) Those who are transferred to leading positions at the department or bureau level, or first- or second-level inspectors, or other equivalent ranks, in principle, shall not exceed the age of 55; Those who are transferred to leading posts at the county and department level, leading posts at the township section level of county and township organs, or investigators at levels 1 to 4 and other equivalent levels shall not exceed the age of 50 in principle; Those who are transferred to other township and section-level leadership posts shall, in principle, not exceed the age of 45.
(7) Meet other requirements provided by laws, regulations, and charters.
Where the conditions listed in items (4), (5), and (6) of the preceding paragraph need to be appropriately adjusted due to special needs of work, one of the following circumstances shall be met: the structure of the leadership group requires or the transferred position has special requirements; Positions with strong professionalism or urgent needs of important special work; Difficult remote areas and poverty-stricken areas urgently need to be introduced. When making adjustments, organs below the city (prefecture) level shall, in accordance with the authority of cadre management, report to the competent department for civil servants at the level above for approval and consent, and organs at or above the provincial level shall report to the competent department for civil servants at the same level for approval and consent in accordance with the authority of cadre management.
When necessary, the provincial-level departments in charge of civil servants may, on the basis of the actual situation of the cadre talent contingent in their respective regions, make uniform provisions on the conditions in items (4), (5) and (6) of paragraph 1, and report them to the central departments in charge of civil servants for approval before implementation.
Article 7 Where a civil servant is transferred from an organ and intends to be transferred to an organ to a higher grade than the post he held at the time of the transfer, he or she shall have the number of years of qualification required to be promoted from the post or grade held at the time of transfer to the grade of the post to be transferred.
Article 8 Personnel under any of the following circumstances shall not be transferred:
(1) Having received criminal punishment for committing a crime;
(2) Those who have been expelled from the Communist Party of China;
(3) Those who have been dismissed from public office;
(4) Being listed as the target of joint punishment for untrustworthiness in accordance with law;
(5) Suspected violations of discipline or law are being reviewed by the relevant specialized organs and have not yet reached a conclusion;
(6) The period of sanction or the period of influence has not expired;
(7) is being audited by an auditing body;
(8) Other circumstances provided for by laws and regulations.
Chapter III: Procedures for Transfer
Article 9 The transfer shall be carried out in accordance with the following procedures:
(1) Determine the transfer positions and the conditions for transfer according to the needs of work and team building;
(2) Propose candidates for transfer;
(3) Solicit the opinions of the transferring unit;
(4) Organizing inspections;
(5) Collective discussion and decision-making;
(6) Announcement of transfer;
(7) Submitting for approval or filing;
(8) Handle procedures for transfer, appointment and registration of civil servants.
Article 10 According to the requirements of the transferred position, the candidates for transfer shall be selected through organizational recommendation. If necessary, candidates for transfer may be examined.
Article 11: Candidates for transfer shall be strictly examined, comprehensively examining performance in areas such as morality, ability, diligence, performance, and honesty on the basis of the qualifications for transfer and the requirements of the duties of the transferred position, highlighting political standards, paying attention to understanding the study of political theory, system implementation, and governance ability, thoroughly examining political loyalty, political determination, political responsibility, political ability, political self-discipline, and other aspects, strictly controlling political integrity, conduct, ability, work style, and integrity, and forming written inspection materials. Examination materials shall be realistic, and judgments shall be comprehensive, accurate, and objective, and specific examples shall be used to reflect the circumstances of the candidates for transfer.
During inspections, methods such as individual interviews, on-site visits, and interviews with candidates for transfer shall be employed, and special investigations, extended investigations, and so forth may also be conducted as needed, listening to the opinions of relevant leaders, the masses, and the organization (personnel) departments, discipline inspection and supervision organs, and party organizations of the units where the candidates for transfer are located, reviewing cadres' personnel files, checking reports on personal matters, inquiring into social credit records, and verifying petition reports that reflect specific and verifiable clues about problems. The unit to which they belong shall actively cooperate and provide materials that objectively and truthfully reflect the actual performance and integrity of the candidates for transfer. The materials shall be submitted by the party committee (party group) of the unit where the candidate for transfer is located, and when necessary, signed by the secretary of the party committee (party group) and the secretary of the discipline inspection commission (the head of the discipline inspection and supervision group).
Article 12: Personnel to be transferred are to be collectively discussed and decided on the basis of the investigation situation, and are to be publicly announced in the units transferring out or in accordance with the relevant provisions of the pre-appointment publicity system. The publicity period shall not be less than five working days.
Article 13: Upon the expiration of the publicity period, where the problem is not reflected or the problem is not affected by the transfer, approval or filing is to be carried out in accordance with the prescribed procedures; Where serious problems have not been verified, a decision on whether to transfer shall be made after the facts have been verified and conclusions have been made.
Article 14: After determining the personnel to be transferred in accordance with the authority of cadre management, the organ transferring them shall handle examination and approval or filing in accordance with the authority provided.
The transfer of civil servants by local organs at or below the provincial level shall be reported to the competent department for civil servants at or above the city (prefecture) level for approval.
The materials for submitting for approval and filing shall include the request for instructions, the civil servant's transfer approval (filing) form, inspection materials, the opinions of the transferring unit, and the integrity information provided by the discipline inspection and supervision organs; Personnel who need to conduct economic responsibility audits in accordance with provisions shall conduct audits and provide the audit conclusions of the auditing body.
After the transferred personnel are examined and approved and recorded, the transfer formalities shall be completed, and the registration of civil servants shall be carried out in accordance with relevant regulations.
Article 15: The level and relevant treatment of transferred personnel shall be determined on the basis of the grade of the post to which they are transferred, taking into account their original position, work experience, education level, and other conditions, and by comparison with the personnel with the same conditions as those transferred to the organ.
Article 16: Except for those appointed by organs of state power in accordance with law, a probationary period system is generally implemented for transferred personnel, and the probationary period is one year. Those who pass the assessment at the end of the probationary period shall formally take office; If the assessment is unqualified, another work will be arranged.
Chapter IV: Discipline and Supervision
Article 17 The following disciplines shall be observed in transfers:
(1) The organs for approval or filing of transfers shall strictly perform their duties, conscientiously review and check, and must not arbitrarily lower standards or relax conditions;
(2) The organ being transferred shall strictly perform the relevant procedures, collectively discuss and make decisions in accordance with the authority of cadre management, and must not make the final say by individuals or a small number of people, engage in deception, or engage in unhealthy tendencies, must not use the transfer for personnel placement or treatment settlement, and must not surprise the transfer of personnel;
(3) The unit being transferred shall strictly implement the relevant laws, regulations and policies on cadre personnel management, provide the true situation, and must not be promoted by surprise;
(4) Personnel participating in the investigation shall truthfully reflect the circumstances and opinions of the investigation, and must not conceal or distort the truth;
(5) Transferred personnel shall comply with relevant provisions, and after receiving the transfer notice, go through relevant formalities such as administration and salary relations within the specified time limit.
Article 18: Where there are circumstances in transfer work that should be avoided, follow relevant provisions.
Article 19 Where a matter of transfer in violation of these provisions is submitted, it shall not be approved, and a decision that has already been made shall be declared invalid; Depending on the seriousness of the circumstances, the responsible leaders and directly responsible personnel shall be given criticism and education, ordered to inspect, admonished, or organized to deal with them; Where suspected violations of discipline or law need to be investigated for responsibility, sanctions shall be given in accordance with regulations and discipline and law; Where a crime is suspected, it shall be transferred to the relevant state organs for handling in accordance with law.
Chapter V Supplementary Provisions
Article 20 Personnel engaged in public service in state-owned enterprises, institutions of higher learning, scientific research institutes and other public institutions not managed with reference to the Civil Servants Law shall be transferred to organs (units) administered with reference to the Civil Servants Law to serve in the posts and ranks listed in Article 2 of these Provisions, and shall be implemented with reference to these Provisions.
Article 21 The Organization Department of the CPC Central Committee is responsible for the interpretation of these Provisions.
Article 22 These Provisions shall take effect on November 26, 2019.
Annex: Civil Servant Transfer Approval (Filing) Form (see "Read Original" for details)
Source: Communist Party Members Network
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