Provisions for resignation of civil servants from public office
(Reviewed and approved at the meeting of the Organization Department of the CPC Central Committee on July 9, 2009; promulgated by the Organization Department of the CPC Central Committee and the Ministry of Human Resources and Social Security on July 24, 2009; revised at the meeting of the Ministerial Committee of the Organization Department of the CPC Central Committee on December 8, 2020; and issued by the Organization Department of the CPC Central Committee on December 28, 2020)
Chapter I: General Provisions
Article 1: These Provisions are formulated on the basis of the "Civil Service Law of the People's Republic of China" and other relevant laws and regulations, so as to regulate the resignation of civil servants from public office, to safeguard the lawful rights and interests of organs and civil servants, and to build a contingent of high-quality professional civil servants who have firm convictions, serve the people, are diligent and pragmatic, dare to take responsibility, and are honest and clean.
Article 2: Civil servants' resignation from public office refers to civil servants applying to terminate their appointment relationship with the appointment and removal organs in accordance with laws and regulations.
Where laws and regulations have other provisions on the resignation of leading members of civil servants, as well as supervision officials, judges, procurators, and so forth, from public office, it is to be handled in accordance with the relevant provisions.
Article 3: Civil servants resigning from public office are to adhere to the guidance of 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 Party's organizational line and cadre work principles and policies for the new era, strengthen the Party's centralized and unified leadership of the civil servants, and adhere to the following principles:
(1) Party management cadres;
(2) Combining respect for personal wishes with strict review and approval;
(3) Combining the protection of lawful mobility with the strengthening of post-employment management;
(4) Handle matters in accordance with laws and regulations.
Article 4: In accordance with the scope of management authority and division of duties, the competent departments for civil servants at all levels are responsible for the comprehensive management, operational guidance, and oversight and inspection of civil servants' resignation from public office. In accordance with their management authority, organs at all levels are responsible for the review and approval of civil servants' resignation from public office, as well as for understanding and verifying the employment situation during the period of employment restrictions.
Chapter II: Circumstances and Procedures for Resignation from Public Office
Article 5: Civil servants' resignation from public office shall be handled in accordance with the legally-prescribed circumstances, authority, and procedures.
Article 6: Civil servants must not be approved to resign from public office in any of the following circumstances:
(1) They have not yet completed the minimum period of service provided by the state;
(2) Holding a position in a special position involving state secrets, or leaving the above-mentioned position, which does not meet the time limit for declassification provided by the state;
(3) They are under audit, or important official business has not yet been handled and must be continued by themselves;
(4) They are currently undergoing disciplinary review or supervision investigation, or are suspected of committing a crime, and the judicial process has not yet been concluded;
(5) Other circumstances provided for by laws and administrative regulations that must not resign from public office.
Article 7: Civil servants' resignation from public office is to be handled in accordance with the following procedures:
(1) Submit a written application to the appointment and removal organ and fill in the "Application Form for Resignation of Civil Servants". Those who hold a leadership position at or above the deputy level at the county or department level, or a second-level investigator or a rank equivalent or above, shall also report on relevant personal matters.
(2) Organize personnel departments to conduct reviews, focusing on reviewing whether civil servants have circumstances in which they must not resign from public office or have restrictions on their employment after resigning from public office, and solicit the opinions of their units, discipline inspection and supervision organs, secrecy and other departments. At the same time, remind them to strictly abide by the restrictions on practice, and inform them of the legal responsibilities that must be borne by illegal practitioners.
(3) The appointment and removal organs examine and approve and make a reply agreeing or disagreeing with resignation from public office. Where they agree to resign from public office, they shall be removed from their leadership positions and ranks at the same time. Among them, if it is necessary to conduct an audit of economic responsibility, the audit shall be conducted in advance in accordance with the relevant provisions.
(4) The appointment and removal organ shall send the reply to the civil servant's unit and the civil servant who applies for resignation from public office.
(5) Where they agree to resign from public office, go through the formalities for the handover of official duties.
(6) Store the reply to the resignation of public office and the "Application Form for Resignation of Civil Servants" in their personnel files, and at the same time send the reply to the competent department for civil servants at the same level for the record.
Article 8: Organs for appointment and removal shall review and approve civil servants' applications for resignation from public office within 30 days of receiving them, of which applications for leading members to resign from public office shall be reviewed and approved within 90 days of receiving the application.
Article 9: Civil servants who have been approved to resign from public office shall complete the formalities for the transfer of official duties within 10 working days of approval.
Those who refuse to go through formalities for the handover of official duties are to revoke the decision to resign from public office and give a sanction of dismissal.
Article 10: Where civil servants' applications for resignation from public office are not approved, they may apply for a review or submit an appeal in accordance with provisions. During the period of review and appeal, the implementation of the personnel handling decision is not stopped.
Article 11: Civil servants must not leave their posts without authorization during the period of examination and approval of their resignation from public office. Those who leave their posts without authorization shall be given the sanction of dismissal.
Article 12: Where civil servants enter into an agreement with the organ to which they belong to stipulate a work period for special training, they generally must not apply to resign from public office before the agreed work period has expired. Those who apply to resign from public office shall pay liquidated damages or perform corresponding obligations to the organ to which they belong.
The amount of liquidated damages to be paid by an organ requesting an application for resignation from public office must not exceed the training expenses that should be apportioned for the part of the unfulfilled part of the agreed work period, and the maximum amount must not exceed the special training fees provided by the organ.
Chapter III: Management and Discipline
Article 13 After a civil servant resigns from public office, he or she no longer has the status of a civil servant, and his salary shall be suspended from the month following the date of approval, and social insurance shall be implemented in accordance with the relevant provisions.
Article 14: After a civil servant resigns from public office, the organ to which he or she belongs shall transfer his or her personnel file to the corresponding personnel file work body, public employment and talent service organization, or social security service institution for the place where he or she is registered, within 2 months from the date of approval. Specifically, it shall be handled in accordance with the relevant provisions of personnel file work.
I shall cooperate with the transfer of personnel files, and if I fail to cooperate, the consequences shall be borne by me.
Article 15: Where civil servants re-employ after resigning from public office, when calculating the number of years of service, the number of years of service with the organ before their resignation from public office is to be calculated together.
Article 16: Where civil servants resign from public office, civil servants who were formerly leading members or in leadership positions at the county or department level or above must not accept employment from enterprises, intermediary organizations, or other for-profit organizations within the scope of their former position's jurisdiction and operations, and must not engage in for-profit activities directly related to the operations under the jurisdiction of their former position; Within 2 years of leaving their posts, other civil servants must not accept employment from enterprises, intermediary organizations, or other for-profit organizations directly related to their original work operations, and must not engage in for-profit activities directly related to their original work operations.
"Original position" as used in the preceding paragraph refers to leadership positions held by civil servants within 3 years prior to their resignation from public office; "Original work business" refers to the work business that a civil servant has engaged in within 3 years before he or she resigns from public office.
Article 17: After civil servants resign from public office, they shall report their employment to the organ to which they originally belong before the end of each year during the period of restriction on employment. The organ to which they belong shall concurrently conduct an understanding and verification of their employment situation, and make a determination as to whether there has been a violation of the provisions on restrictions on employment.
Organs at the provincial level or above with functions such as industry regulation, administrative licensing, administrative punishment, and justice shall, in light of actual conditions, establish a list of restrictions on civil servants' professional conduct after resigning from public office, and report to the competent departments for civil servants at the same level for filing.
Article 18: Where civil servants have conduct that violates the provisions of article 16 of these Provisions after resigning from public office, the organ to which they originally belong shall promptly inform the competent department for civil servants at the same level. The competent departments for civil servants, together with their original organs, are to order that the employment relationship with the receiving unit be terminated within a set period of time or that the business activities in violation of regulations be terminated; If corrections are not made within the time limit, in accordance with article 107 of the Civil Servants Law, the market regulation department at the county level or above is to confiscate the person's unlawful gains during the period of employment, order the receiving unit to return the person, and impose a fine of between 1 and 5 times the amount of the punished person's unlawful gains based on the severity of the circumstances.
Article 19: Where civil servants resign from public office, where there are circumstances such as failure to follow the requirements and procedures for review, approval, or management of practice restrictions, they are to be ordered to make corrections; Based on the severity of the circumstances, pursue the responsibility of the responsible leaders and directly responsible personnel in accordance with regulations, discipline, and law.
Chapter IV: Supplementary Provisions
Article 20: The resignation of staff other than service personnel in organs (units) managed with reference to the Civil Servants Law is to 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 come into force on the date of promulgation.
Attachments: 1. Application form for resignation of civil servant
2. Approval of the resignation of the ××× from public office
3. Reply to the resignation of the ××× who disagrees with the resignation of public office
Annex 1
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Annex 2
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Annex 3
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Source: Communist Party Member Network Editor: Li Rong Proofreader: Liu Jinglu Review: Yang Yang Final Review: Wang Hongmei