Supervisory Officers Law of the People's Republic of China

Updated: 2021-08-20

Chapter IV

Appointment and Removal

Article 19 The Chairperson of the National Commission of Supervision shall be elected and removed by the National People's Congress, and the vice chairpersons and other members shall be appointed or removed by the Standing Committee of the National People's Congress at the proposal of the Chairperson of the National Commission of Supervision.

Chairpersons of a local supervisory commission at any level shall be elected and removed by the people's congress at the corresponding level, and vice chairpersons and other members shall be appointed or removed by the standing committee of the people's congress at the corresponding level at the proposal of the chairperson of the local supervisory commission.

Chairpersons, vice chairpersons, and other members of all levels of supervisory commissions of the Xinjiang Production and Construction Corps shall be appointed and removed by the Standing Committee of the Xinjiang Uyghur Autonomous Region People's Congress at the proposal of the chairperson of the Xinjiang Uyghur Autonomous Region Supervisory Commission.

Other supervisory officers shall be appointed and removed in accordance with the related administrative authority and the prescribed procedures.

Article 20 Supervisory officers shall make a public pledge of allegiance to the Constitution when taking office in accordance with the law.

Article 21 Supervisory officers shall be removed from their supervisory positions under any of the following circumstances:

(1) where they have lost the nationality of the People's Republic of China;

(2) where their positions have changed, making it unnecessary for them to retain positions of supervisory officers;

(3) where they retire;

(4) where they resign or shall be discharged in accordance with the law;

(5) where they have been transferred to other posts or expelled due to violations of discipline or laws; and

(6) other circumstances as provided by law.

Article 22 Supervisory officers shall not serve on standing committees of people's congresses; work for administrative, adjudicatory, or procuratorial organs, for enterprises or other for-profit organizations or for public institutions; or serve as people's assessors, people's supervisors, practicing lawyers, arbitrators, or notaries.

For supervisory officers to hold another or more posts concurrently as their duties require, they shall obtain approval in accordance with the administrative authority, and shall not receive payments from those posts.

Article 23 Where a supervisory officer serves as the chairperson of a supervisory commission of a county or a city divided into districts, locality-based recusal shall be implemented in accordance with relevant regulations.

Article 24 Supervisory officers who are a married couple, lineal relatives, collateral relatives within three generations, or who have a close in-law relationship shall not assume the following posts at the same time:

(1) chairperson, vice chairpersons, and members in the same supervisory commission, or the abovementioned posts and other supervisory officers in the said commission;

(2) supervisory officers in the same department of a supervisory commission organ;

(3) supervisory officers at the same stationed body, dispatched body or other supervisory authorities; and

(4) chairpersons, vice chairpersons, or members of two supervisory commissions of adjacent levels.

 

Chapter V

Management

Article 25 Supervisory officers shall be divided into 13 grades, which are chief supervisor, Grade I–II deputy chief supervisors, Grade I–IV senior supervisory officers, and Grade I–VI supervisory officers.

Article 26 The Chairperson of the National Commission of Supervision is graded as the chief supervisor.

Article 27 Supervisory officers' grades shall be determined based on their positions, ranks, integrity, ability, professional competence, work performance, seniority, etc.

Supervisory officers may have seniority-based promotions and merit-based promotions, and those who are outstanding or have made special contributions may be promoted to a grade before reaching the corresponding seniority requirement.

Article 28 The establishment and determination of the grades of supervisory officers, as well as the measures for the promotion of supervisory officers shall be prescribed separately by the state.

Article 29 New supervisory officers shall be given pre-service training.

Article 30 Political, theoretical, and professional training for supervisory officers shall be carried out in a planned way.

Training shall highlight the supervisory authorities' nature as political authorities, combining theories with practice, giving lectures in light of the needs and emphasizing practical results, with the aim to improve professional competence of supervisory officers.

Supervisory officers' training shall be a basis for their appraisal, future appointment and promotion.

Article 31 Supervisory officer training institutions shall undertake the task of training supervisory officers in accordance with relevant regulations.

Article 32 The state shall strengthen supervisory disciplines and encourage regular higher education institutions which are qualified to establish supervisory majors or offer supervisory courses, to cultivate competent talents with both integrity and ability and to improve supervisory officers' professional competence.

Article 33 Supervisory officers shall be transferred to posts in accordance with the law and relevant regulations of the state.

Article 34 When applying for resignation, a supervisory officer shall present an application in written form. After the application is approved in accordance with the administrative authority, the supervisory officer shall be removed from his post in accordance with the prescribed procedures.

Article 35 Where supervisory officers shall be dismissed in accordance with the law, they shall be removed from their posts in accordance with the prescribed procedures.

The dismissal of a supervisory officer shall be decided in accordance with the administrative authority, and the decision shall be delivered in writing to the supervisory officer in question while specifying the reasons and grounds for the dismissal.

 

Chapter VI

Appraisal and Awards

Article 36 The appraisal of supervisory officers shall be carried out comprehensively, objectively and impartially, and in forms of routine evaluations, special evaluations, and annual evaluations.

Article 37 The appraisal of supervisory officers shall be carried out in accordance with the administrative authority based on their integrity, professional competence, dedication, performance, and probity, with an emphasis on their political integrity, practical work performance, honesty, and self-discipline.

Article 38 Annual appraisal results shall be divided into four grades: excellent, good, fair, and poor.

A supervisory officer's appraisal result shall be the basis for adjusting his grade or salary or for awarding, punishing, removing, demoting, or dismissing him.

Article 39 A supervisory officer's annual appraisal result shall be delivered to him in writing. The supervisory officer who disagrees with the results may apply for a review.

Article 40 The supervisory officers or groups of supervisory officers who have made significant achievements and contributions in their work, or performed other outstanding deeds shall be awarded.

Article 41 The supervisory officers who have any of the following achievements to their credit shall be awarded:

(1) having made notable achievements in performing oversight duties;

(2) having made notable achievements and contributions in investigating and handling job-related illegalities and crimes;

(3) having made proposals for supervision that greatly promoted efforts in preventing and eliminating major risks and potential dangers;

(4) having made outstanding achievements in terms of supervision theory or practical experience which play a role in guiding supervision work; and

(5) having performed other meritorious deeds.

Awards shall be granted to supervisory officers in accordance with relevant regulations.

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