Interim Provisions On The Disposition Of Staff In Public Institutions

Original Language Title: 事业单位工作人员处分暂行规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201305/20130500387386.shtml

Interim provisions on the disposition of staff in public institutions

    (August 22, 2012 human resources and Social Security Ministry, the Ministry published 18th come into force on September 1, 2012) Chapter I General provisions

    First as a serious discipline in public institutions, norms and institutions staff behavior, ensure that the institutions and their staff to perform their duties, these provisions are formulated.

    Staff in public institutions violating article II shall bear disciplinary responsibility, disciplined in accordance with these provisions.

    The laws, with the function of public administration institutions authorized by the legislation approved in light of the People's Republic of China Law on civil servants disciplined management of staff in the light of the relevant provisions of the regulation on the punishment of civil servants of administrative organs. The Executive and appointment of staff in public institutions, laws, regulations, grant rights to the institution of public administration functions not in reference to the People's Republic of China Law on civil service management staff, the State administration authorities shall delegate the conduct of public affairs management activities of disciplined staff in public institutions, these provisions apply; supervisory organs to investigate violations of the above-mentioned persons handling procedures and make the decision for permission

    And monitoring the institution staff members not satisfied with the decision to appeal to the supervisory organs, in accordance with the People's Republic of China on administrative supervision Act and its implementing regulations.

    Third punishment imposed institution staff, should adhere to principles of Justice, equity and education combined with punishment.

    Punishment imposed institution staff, and the violation of property, plot, adapted to harmful levels.

    Punishment imposed institution staff, must clear facts and evidence, accurate, legal, procedures to process the appropriate and complete.

    Fourth public institution personnel suspected of a crime shall be transferred to judicial organs for criminal responsibility shall be investigated according to law.

    Chapter II types of disposition and application

    Fifth type of disposition are:

    (A) a warning;

    (B) a demerit;

    (C) reducing the level or dismissed;

    (D) dismissal.

    Among them, the dismissal applies to Executive appointments of staff in public institutions.

    During the sixth article is subject to disciplinary action for:

    (A) warnings, 6 months;

    (B) a demerit, and 12 months;

    (C) reducing the level or dismissed for 24 months.

    Article seventh staff warning of the institutions, during the period of punishment, is not allowed above an external post grade positions; in making the decision at that time, annual appraisal cannot be determined for the best grades.

    Staff in public institutions was a demerit, during the period of punishment, is not allowed above an external position rank positions, and annual assessments shall not be determined to be qualified and higher grades.

    By reducing the level of staff in public institutions dispose of, from the date of entry into force of the decision to reduce more than one post grade employment, in accordance with the relevant provisions of the income distribution of public institutions to determine their wages; during the punishment shall not be employed after the above punishment employed by position rank positions, annual evaluation shall not be determined to be qualified and higher grades.

    Institutions appointed by the executive staff member during the period subject to the imposition of the appointment, assessment, wages in accordance with personnel management permissions reference first, second and third paragraphs of this article shall apply.

    Institution staff members were expelled, from the date of entry into force of the decision to terminate its relationship with the institution. Article eighth institution staff over demerit punishment, punishment shall not participate in the specialized (technology, know-how) qualifications for professional and technical positions in the field or technical service skills test (review).

    Shall cancel the posts of professional and technical qualifications or vocational qualifications, in accordance with the relevant regulations. Nineth institution staff and the behavior of two or more need to be disciplined, each Party shall determine its disposition.

    Punishment imposed by the different types, do one of the most heavy punishment; other than more of the same kind disposition should be expelled from, the implementation of the punishment, but staging a stage should be in accordance with the above, and following the two stages identified.

    Institution staff member during the period subject to the imposition of new sanctions, and dispose of it as a place that had not been implemented in phases terms and new terms of disposition and, but shall not exceed 48 months.

    Tenth institution staff of two or more persons jointly violating article, needs to be disciplined, according to their respective responsibilities of, respectively the corresponding penalties.

    11th under any of the following circumstances, it shall be given a heavier punishment:

    (A) common to two or more violations played a major role;

    (B) conceals, forgery, destruction of evidence;

    (C) falsify or prevent disclosure report and provide evidence of others;

    (D) the shield connection personnel;

    (E) the provisions of other laws, rules and regulations from the plot.

    12th under any of the following circumstances shall be given a lighter punishment:

    (A) active account of violations;

    (B) take measures, effectively avoid or recover their losses;

    (C) against others serious violations, the case.

    13th staff actively explain violations in public institutions, and to take measures to effectively prevent or recover losses shall be given a mitigated punishment or exempted from punishment.

    Violations of minor institution staff, after criticism correction may be exempted from punishment.

    14th institution staff to the article 11th, 12th circumstances prescribed, should the provisions of chapter III of the disciplinary action within the range from heavy or lighter punishment. Staff in public institutions of the circumstances prescribed in the first paragraph of this article 13th should be outside the punishment provided for in chapter III of this provision, reducing a disposal disciplined grades.

    Warning should be given, and reduce disposal of cases, exemption from punishment.

    15th institutions have violations shall be investigated for disciplinary responsibility, in accordance with the leaders and persons responsible be disciplined.

    Chapter III of violations and applicable sanctions

    16th under any of the following acts, given demerit; if the heavier, reducing the grade or dismissal in serious cases, expelled:

    (A) spreading damage national reputation, organize or participate in to harm the interests of the rallies, processions, demonstrations and other activities;

    (B) organizing or participating in an illegal organization;

    (C) accepted outside funding to engage in harm the interests or activities endangering State security;

    (D) invited outside of accepted harm national honor and interests, awards, criticism of education refuses;

    (E) violation of national law and policy of ethnic and religious, adverse consequences;

    (Vi) illegal exit, unauthorized access to foreign permanent residence status or acquiring a foreign nationality;

    (VII) carrying books, audio and video products that contain the prohibited by law, e-books into the country (territory); 

    (VIII) other acts in violation of political discipline.

    The preceding paragraph (a) to (c), the provisions of, but are unaware of the truth was gripped by participation, after criticism shows true repentance can be mitigated punishment or be exempted from punishment.

    17th under any of the following acts, given a warning or demerit; if the heavier, reducing the grade or dismissal in serious cases, expelled:

    (A) in the implementation of important national tasks, in response to public emergencies, does not obey orders, fields or passive aggressive;

    (Ii) disrupt the normal work order, thus causing losses to State or public interests;

    (C) violation, illegal operations, resulting in loss of lives and property of the people;

    (D) the major accident, disaster, events, AWOL or not required to report inadequate, measures are not taken to disposal or dispose of;

    (E) in the project assessment review, product certification, equipment inspection work in malpractices for personal gain, or violation of regulations, adversely affected;

    (Vi) disclosure of State secrets;

    (G) the divulging inside information available, adverse consequences;

    (VIII) adopt unfair means to seek jobs for himself or herself, or in open recruitment and other personnel in the management of any other conduct violating organizational and personnel discipline;

    (IX) other acts in violation of work discipline and dereliction.

    Former subparagraph (vi) acts give demerits more serious sanction.

    18th under any of the following acts, given a warning or demerit; if the heavier, reducing the grade or dismissal in serious cases, expelled:

   (A) corruption, bribes, bribes, bribes, bribery, misappropriation of public funds;

    (B) work to seek improper benefits for himself or herself;

    (C) accept in corporate activities or work gift, a variety of securities, payment vouchers;

    (D) the use of insider information for personal benefit or master are known;

    (E) with the embezzlement of public funds to travel for tourism or disguised;

    (F) in violation of State regulations, engage in, participate in profit-making activities or part-time duties paid;

    (VII) other acts that violate clean and professional discipline.

    The preceding paragraph (a) provided, given demerits more serious sanction.

    19th under any of the following acts, given a warning or demerit; if the heavier, reducing the grade or dismissal in serious cases, expelled:

   (A) in violation of State revenue to pay the relevant provisions;

    (B) violation of the requirement to use, defraud or social security funds;

    (C) items or altering rates without setting the scope of the project, standard, and objects;

   (D) waste, waste of national resources or cause the loss of State assets;
(E) violations of provisions on administration of State-owned assets, possession, use and disposal of State-owned assets without authorization;

   (Vi) in tendering and procurement work in violation of the relevant provisions, adverse effects or damage;

    (VII) other acts that violate financial discipline.

    20th under any of the following acts, given a warning or demerit; if the heavier, reducing the grade or dismissal in serious cases, expelled:

    (A) violations committed through technical or professional skills;

    (B) copying, plagiarism and misappropriation of others ' academic achievements, forgery, tampering with data, literature, or fabricate facts to academic misconduct such as;

    (C) the use of professional identity in luring, threats or misleading, damage the lawful rights and interests of others;

    (D) use of the authority, status or control over resources, pressing a different view, restrict academic freedom, causing significant loss or adverse effect;

    (E) declaring positions, projects, honor during deception;

    (F) the poor work attitudes, negative social impact;

    (VII) other serious violations of ethical behavior.

    The preceding paragraph (a) provided, given demerits more serious sanction.

    Article 21st of the following acts, given a warning or demerit; if the heavier, reducing the grade or dismissal in serious cases, expelled:

    (A) the manufacture and dissemination of illegal and prohibited items, and information;

    (B) the Organization, involved in prostitution, prostitution and pornography;

    (C) drug addiction or organization, to participate in gambling activities;

    (D) violation of Super family planning;

    (E) the lover;

    (F) abuse, desertion of one family member, or refuses to assume obligations such as maintenance, upbringing, support;

    (VII) other serious violations of public order, public morality Act.

    The preceding paragraph (b), (c), (d) and (e) acts, reducing the grade or dismissed more serious sanction. 22nd staff members were sentenced in public institutions, reducing the grade or dismissed more serious sanction.

    Among them, were sentenced to at least give expelled.

    Institutions appointed by the executive staff, be sentenced according to law, expelled.

    Fourth chapter dispose of rights and procedures

    Article 23rd on the disposition of the staff in public institutions, in accordance with the following permissions: (A) a warning, demerit, reducing the grade or dismissal, according to the personnel management permission, by the institution or institutions competent departments.

    Among them, decided by the institution, shall be submitted to departments of public institutions.

    (B) expelled by the Department of public institutions and personnel management Department at the same level.

    Disposition of institutions directly under the Central Government and local staff, according to the personnel management permissions, decided by the unit or authority which expelled decision by the unit, integrated personnel management departments at the same level.

    Article 24th on the disposition of the staff in public institutions, in accordance with the following procedure:

    (A) the institution staff in violation of the preliminary investigation, needs further investigation, shall, in accordance with personnel management permissions, approved by the head of the institution or department concerned approval filing;

    (B) the staff of the institutions surveyed violations for further investigation, collection, search for evidence, and a written report; (C) the investigation's findings of fact and to be given sanctions according to inform staff of the institutions surveyed, listen to their presentations and representations, and such facts, reason and evidence reviews on record.

    Surveyed institutions staff established the facts, reasons and evidence, should be adopted;

    (D) in accordance with decision rights given to staff of the institution disposal, exempted from punishment or the decision to dismiss the case;

    (E) decision issued the decision;

    (Vi) will be informed of the decision in written form subject to the imposition of staff in public institutions and authorities, and announced in a certain range;

    (G) the decision into the files disciplined institution staff.

    The decision from the date of entry into force.

    25th institution staff were suspected of violating discipline, has been to initiate an investigation, should not continue to perform his duties, in accordance with the personnel management permissions, by institutions or authorities to suspend their duties.

    Institution staff in discipline cases under investigation during the investigation, may not terminate the employment contract abroad (border) or the retirement formalities.

    Article 26th institution staff for discipline investigations should be carried out by more than two investigators surveyed units and individuals shall provide truthful information.

    By means of violence, threats, enticement, cheating and other illegal methods to collect evidence should not be excluded as the basis for a final decision.

    Article 27th participation in institution staff discipline cases investigate and deal with any of the following circumstances, it shall submit a request for withdrawal; was investigating cases of staff in public institutions as well as with interested citizens, legal person or other organization has the right to demand that its Dodge:

    (A) with the staff of the institutions surveyed have a relationship between husband and wife, a blood relative within three generations of collateral consanguinity or affinity;

    (B) have a stake in the cases under investigation;

    (C) relations with other institutions surveyed staff members, may affect the impartial handling of the case.

    28th decision withdrawal of the charge, according to cadre personnel management authority decision; other personnel involved in breaking investigation, handling of cases avoided, decided by the decision in charge.

    Decision units found to be involved in breaking the case investigation, people should avoid situations that you processing, can be directly decided on the withdrawal.

    Article 29th punishment imposed institution staff shall approve decisions within 6 months from the date of filing; case is complex or in other special cases can be prolonged, but handling period shall not exceed 12 months.

    Article 30th decision shall include the following information:

    (A) dispose of the staff of the institution name, working unit, formerly employed by the post (the post) basic information such as name and rank;

    (Ii) upon verification of violating the truth;

    (C) during the type, subject to the imposition of sanctions and basis;

    (D) channels appealed against the decision and terms;

    (E) the decision unit's name, seal, and the date of the decision.

    31st article institution staff after being expelled, institutions shall timely files and social insurance relationship transfer procedures, specific measures shall be implemented in accordance with the relevant provisions.

    Fifth chapter disposition lift

    32nd institution other than the dismissal of staff by punishment, repentance during the punishment, and not breaking happens, dispose of expired, upon approval by the original decision to lift sanctions. Institution staff member during the period subject to the imposition of termination or cancellation of employment contracts, disciplinary action expires, natural lifting sanctions.

    Disciplined staff in public institutions require the original decision to lift disciplinary action related to prove, the original decision should be provided.

    Article 33rd staff member during the period subject to the imposition of major meritorious services in public institutions, in accordance with the relevant provisions for individual merit awards above, approval can rescind the punishment.

    Article 34th disposition of the rescission or termination of staff in public institutions, in accordance with the following procedure:

    (A) according to the personnel management permissions, public institutions or authorities subject to the imposition of the institution staff in performance during the punishment carried out a comprehensive understanding and a written report;

    (B) in accordance with decision rights, termination or rescind disciplinary decisions;

    (C) issuance of termination or rescind disciplinary decisions;

    (D) the termination or rescind the decision written notice of disposition I and declared in a scope of the original announced disciplinary action;

    (E) the termination or rescind disciplinary decisions into the staff of the archives.

    Disarmament decision is made from the date of entry into force.

    35th staff in public institutions dispose of rescission or termination in accordance with the provisions of article 27th, 28th to avoid.

    Article 36th discharge or rescind the decision shall include the original disposition of disposition types and basis for termination or rescind the disciplinary action, as well as the performance of the staff member during the period subject to the imposition of conditions and so on. 37th disposition after the termination of examination, competition and salary in accordance with the relevant provisions of the State, no longer under the influence of original disposition.

    However, reducing the grade or of dismissal, not considered before restoring the punishment post grade and salary.

    Article 38th lifting of disciplinary decisions should be made within one month after the expiration of the punishment.

    The sixth chapter review and appeals 39th disciplinary staff not satisfied with the decision of the institutions, knew or should have known that from the date of this decision to the decision to apply for a review within the 30th.

    Not satisfied with the review, from the date of receipt of the review decision within the 30th, in accordance with the provisions of the original decision of the competent department or personnel management departments at appeal.

    Disciplined staff at Central and local institutions directly under the complaint, according to the personnel management rights, accepted by the personnel management Department at the same level. 40th original decision unit shall, upon receiving an application for review in the 30th after a review decision.

    Complaints unit shall make a decision within 60 days from the date of receipt; of the complexity of the case, may be appropriately extended, but extend the deadline up to 30th.
During the review, appeals do not stop execution of the disposition.

    Institution staff for review, appeals and been aggravated punishment.

    41st under any of the following circumstances, accepting units shall revoke the decision of the disciplinary review, appeals, and again made a decision or order the original decision units make decisions:

    (A) dispose of the basis of the facts are not clear and the evidence is insufficient;

    (B) the violation of the established procedure, affect the impartial handling of cases;

    (C) overstepping or abuse of disciplinary decisions.

    42nd under any of the following circumstances, units accepting the review, appeals shall change the decision or order the original decision to change the decision:

    (A) the applicable laws, regulations or rules error;

    (B) incorrect plot of the violations found;

    (Iii) improper disposal.

    Article 43rd institution staff's decision being changed, you need to adjust the position of the staff member of the grade or salary shall be adjusted in accordance with the provisions; institution staff's decision was irrevocable, shall restore the worker's job level, salary, according to the original post grade scheduled posts, and within appropriate rehabilitation.

    Revoked disposition or reduce the loss on disposal of staff salaries in public institutions and should be compensated.

    The seventh chapter by-laws 44th retired staff of the institution have violations should be punished, not made the decision.

    However, should be given to reducing the level or dismissed more serious sanction, appropriate treatment to reduce or cancel their.

    Article 45th in the work of the staff in public institutions dispose of abuse or dereliction of duty, favoritism, bribery and other violations of staff and disciplined in accordance with relevant regulations; suspect, transferred to judicial organs for criminal responsibility shall be investigated according to law.

    Article 46th on the disciplined service officers, with reference to these provisions.

    47th sectors such as education, health, science and technology, sports, pursuant to this provision, combined with its own practical work, with human resources and Social Security Department under the State Council and the supervisory organs of the State Council jointly developed specific methods. 48th article of the regulations come into force on September 1, 2012.