Organization Department of the Communist Party of China Ministry of Human Resources and Social Security State Administration for Industry and Commerce and State Administration of Civil Service Notification of the Release of the "Opinions on Regulating the Professional Conduct of Civil Servants After Leaving Public Office"
All provincial, autonomous region, or directly governed municipality Party organization departments, government human resources and social security offices (bureaus), Bureaus for the administration of industry and commerce (market supervision and management departments) and Civil Service Bureaus; and the departments for cadres and personnel for ministries and commissions of the Central Party Committee, State, and each people's organizations; and the Party organization department, human resources and social security bureau, and civil service bureau of the the Xinjiang Production and Construction Corps:
These "Opinions on Regulating the Professional Conduct of Civil Servants After Leaving Public Office" are hereby released and issued to you, please combine them with actual conditions and earnestly implement them.
Organization Department of the Communist Party of China
Ministry of Human Resources and Social Security
State Administration for Industry and Commerce
State Administration of Civil Service
Opinions on Regulating the Professional Conduct of Civil Servants After Leaving Public Office
The following Opinions on Regulating the Professional Conduct of Civil Servants After Leaving Public Office are put forward on the basis of the "PRC Civil Service Law", the "Chinese Communist Party Disciplinary Regulation", and other relevant laws and regulations, so as to implement the requirements of the Party Central Committee on strict and comprehensive Party governance and strict management of cadres; and to strengthen restrictions and supervision on the use of power, to prevent violations of discipline and law in the employment of civil servants after they have left public office.
1. Professional Conduct of Civil Servants After Leaving Public Office as used in these Opinions refers to the employment of civil servants at units other than state-owned enterprises, or their self-employment, upon approval of the civil servant's submission of a willing resignation and removal of their status as a civil servant, upon its approval.
2. Within 3 years of leaving public office, civil servants who were members of leadership bodies in any level of organ, as well as civil servants who served at the county department level or higher, must not accept employment in the jurisdictional region or operational scope they served in, from enterprises, intermediary bodies, or other for-profit organizations, and they must not individually engage in for-profit activities directly related to the operations of their former post. Other civil servants must not accept employment directly related to their former work from enterprises, intermediary bodies, or other for-profit organizations, and must not individually engage in any for-profit activities directly related to the operations f their former post, for 3 years after leaving public office.
"Former positions" or "former work", usually includes positions served in, or work engaged in, for 3 years prior to leaving public service.
3. Whether employment activity of civil servants after leaving public service is in violation of the preceding paragraph is to be decided by their former unit. Organs at the provincial level or higher that have powers such as administrative approvals, industry supervision, and law enforcement oversight, shall summarize actual conditions to gradually establish a list of restrictions on the employment of civil servants after leaving public office.
4. When civil servants apply to leave public office, they shall truthfully report on the direction of their employment, sign a pledge, giving assurances that they will obey restrictions on employment, protect state and work secrets, and actively report changes in their employment and other such circumstances during the period of employment restrictions,
5. Civil servants' units, or the organizational (personnel) departments at the level above, are to speak with the civil servant before approving their departure from public office, to understand their employment plans, to remind them to strictly obey restrictions on employment, and to inform them of the legal responsibility that must be borne for forbidden employment. Where they are not in compliance with restrictions on employment, they should be urged to adjust their employment plans; and where adjustments are still not made after admonitions, their application for departure from public office is not to be approved. The former unit is to contact those whose departure from public office is approved, at least each year during the period of restricted employment, to understand and verify their employment; and any violations of provisions shall be promptly reported to the competent department for civil service.
Where after leaving public office, civil servants have forbidden professional conduct, the competent department for civil service and their former unit are to order that they conclude their employment relationship with the receiving unit, or terminate the forbidden for-profit activities, within a fixed period of time; where corrections are not made within the set time, the competent department for civil service, together with relevant departments, is to conduct an investigation and verification of the amount of the earnings from the forbidden employment, and departments at the county level or above, such as for industry and commerce, market supervision, and so forth, are to lawfully confiscate them, and order the receiving unit to eject that person, and, based on the severity of the circumstances, fine the receiving unit and the sanctioned personnel between 1 and 5 times the amount of earnings from the forbidden employment. Where the persons engaging in forbidden employment are Party members, sanctions are to be given in accordance with relevant party rules and discipline. Where a crime is involved, it is to be transferred to the judicial organs for handling in accordance with law.
The competent departments for civil service and relevant departments, are to include departing civil servants' forbidden employment activity in their personal credit record. Where the unit receiving them is an enterprise, the departments for industry and commerce, and for market supervision, are to record their receipt of an administrative punishment in the enterprise credit system.
7. Establish and complete systems for for filing and recording, and for supervising and inspecting, employment of civil servants after leaving public office. The former unit of civil servants whose departure is approved and consented to, is to report this to the competent departments for civil service to be filed for the record. The competent departments for civil service are to use methods such as special inspections, receiving petitions and reports, and understanding of public sentiment, to conduct guidance and oversight inspections of each units implementation of rules on the employment of civil servants after leaving public office, Where failure to follow provisions on approval, or failure to carry out duties such as for giving reminder notifications and for understanding and verification, leads to the departing civil servant engaging in forbidden employment, the unit is to have a criticism circulated, and the relevant responsible persons are to be reminded, written to, and admonished, and given and organization disposition or sanction in light of the severity.
8. Policies should be correctly grasped and implemented, to properly address civil servants lawful departure from public office, to support the rational flow of human resources, and to full respect and protect the lawful rights and interests of departing civil servants in employment and entrepreneurship.
9. For staff of organs (units) managed with reference to the civil service law, as well as civil servants going to state-owned enterprises and public institutions that have not completed the period of employment restrictions, regulation of their professional conduct after leaving public office may be carried out with reference to these provisions.
10. These Opinions take effect on April 28, 2017, and the Organization Department of the Communist Party of China, Ministry of Human Resources and Social Security, State Administration for Industry and Commerce. and State Administration of Civil Service are responsible for their interpretation.