(5) The comprehensive analysis of appraisals, and the exchange of views with the principal member(s) of the Party committee (leading Party members' group) of the recommending unit or the candidate's work unit; and

(6) After deliberation, the preparation by the appraisal team of a preliminary proposal for the shake-up of the leading group on the basis of information gathered through investigations, and the submission of the same to the organization (personnel) department that dispatched the appraisal team, the organization (personnel) department shall, after collective deliberation, prepare a proposal for the appointment and submit the same to the Party committee (leading Party members' group) at the same level.

Article 23 In the event of the appraisal of candidates to be appointed to leading positions in the Party or government of a locality, normally the scope of individual interviews and of people whose opinions are to be solicited shall be:

(1) Leading members of the Party committee and the government; principal leading members of the standing committee of the relevant people's congress, CPPCC committee, discipline inspection commission, people's court and people's procuratorate;

(2) Leading members of the candidate's work unit;

(3) Principal leading members of the relevant working departments or internal organs and the directly subordinate units of the candidate's work unit; and

(4) Other persons concerned.

Article 24 In the event of the appraisal of a candidate to be appointed for a position in the leading group of a working department, normally the scope of individual interviews and of people whose opinions are to be sought shall be:

(1) Relevant leading members of the institution immediately above the candidate's work unit;

(2) Leading members of the candidate's work unit;

(3) Principal leading members of the internal organs and the directly subordinate units of the candidate's work unit; and

(4) Other persons concerned.

In the event of the appraisal of a candidate to be appointed to a leading position in an internal organ, the scope of individual interviews and of people whose opinions are to be solicited shall be decided by referring to the above provisions.

Article 25 In the event of the appraisal of a candidate to be appointed to a leading position in the Party or government, opinions shall be solicited from the organization (personnel) department, discipline inspection commission (supervision department) and Party organization of the candidate's work unit. Where an audit of financial responsibility is necessary for a candidate, the audit should be carried out by commissioning an auditing organization in accordance with the relevant provisions.

Article 26 In the event of the appraisal of a candidate to be appointed to a leading position in the Party or government, materials collected through investigation must be submitted in written form, which shall then be filed for the record. After a candidate has been promoted and appointed, such materials should be placed in the file under his or her name. The appraisal materials must be factual, giving a complete, accurate and clear account of the person being appraised. These materials shall include the following:

(1) Basic performance and strong points in respect of integrity, ability, diligence, performance, and honesty;

(2) Major shortcomings and weaknesses; and

(3) Records of the democratic recommendation and democratic opinion poll.

Article 27 An appraisal team dispatched by a Party committee (leading Party members' group) or by the organization (personnel) department shall comprise two or more persons. Appraisal personnel should be of high quality and have corresponding qualifications. The person in charge of an appraisal team should be politically sound, rich in work experience and familiar with personnel work.

A responsibility system in respect of cadre appraisal shall be implemented. The appraisal team must adhere to principles, be fair and equitable, work in depth and meticulously, report faithfully the appraisal work and related opinions, and be held accountable to the appraisal materials.

Article 28 The appraisal team shall normally provide feedbacks collected during the appraisal process to the principal leading member(s) of the Party committee (leading Party members' group), as well as to the candidate himself or herself.

Chapter 5 Deliberation

Article 29 Before the appraisal, discussion and decision or submission of a decision, the choice of a candidate for a leading position of the Party or government shall be fully deliberated.

Article 30 Deliberation should be carried out among relevant leading members of the relevant Party committee (leading Party members' group), the standing committee of the relevant people's congress, government and CPPCC committee, respectively, in accordance with the different leading positions of the Party or government, and the circumstances of the person to be appointed.

In the case of a candidate for appointment as a leading member of a working department, the opinions of the leading member at the higher level who is in charge of the department should be solicited.

If a candidate to be appointed is not a member of the CPC, opinions should be solicited from the principal leading members of the Party committee's united front work department, non-Communist parties, the federation of industry and commerce and representatives of personages without party affiliation.

Article 31 In the case of the appointment or removal from office of a cadre under the dual administration of the relevant department and locality, the competent party should consult the assisting party in advance. A written form shall normally be adopted for canvassing opinions. The assisting party shall be deemed to have consented if it fails to give a reply within one month after the date of receipt of the request of the competent party. In the event of differing opinions between the two parties, if the person to be appointed or removed is the principal of a unit, the differences shall be submitted to the organization department of the Party committee at the next higher level for coordination; if the person to be appointed or removed is a deputy of a unit, the decision shall rest with the competent party.

Chapter 6 Discussion and Decision

Article 32 The selection or appointment of a leading Party or government cadre shall, after collective discussion, be decided by the Party committee (leading Party members' group) within the authorized power limit in respect of cadre administration. Or it may decide to make a recommendation or propose a nomination. Where the position is administered by the Party committee (leading Party members' group) at the higher level, the Party committee (leading Party members' group) of this level may make a proposal for the selection or appointment.

Article 33 A candidate to be appointed or recommended to be the head of the Party committee or the leading group of the government of a prefecture (prefectural-level city) or county (county-level city) shall be nominated by the standing committee of the Party committee (leading Party members' group) at the higher level, examined by the plenary session of the Party committee, and decided by a secret ballot. When the plenum of the Party committee is not in session, the standing committee of the Party committee shall make a decision. The standing committee shall, before the decision is made, consult all the members of the Party committee.

Article 34 When the Party committee (leading Party members' group) calls a meeting to discuss and decide the appointment or removal of a cadre, at least two-thirds of the committee members must be present, and it must be ensured that the members present at the meeting have sufficient time for the briefing and for fully voicing their opinions. Each member present at the meeting must explicitly express his or her consent, disagreement or reservation. On the basis of full discussion, a vote may be cast orally, by a show of hands or by a secret ballot. In the case of sharp disagreement or if some key issue is not clear, the vote should be postponed. Issues which affect the making of a decision must be promptly investigated and clarified after the meeting so as to prevent undue delay.

If a decision made by the Party committee (leading Party members' group) concerning the appointment or removal of a cadre needs to be reviewed, such a review may be carried out only when more than half of the members of the Party committee (leading Party members' group) agree to it.

Article 35 When a Party committee (leading Party members' group) discusses and decides on the appointment or removal of cadres, it should adhere to the following procedures:

(1) The leading member of the Party committee (leading Party members' group) who is in charge of the administration of cadres or the leader of the organization (personnel) department shall give an account in respect of nomination, recommendation and appraisal of each candidate, and give reasons for appointment or rejection.

(2) The participants in the meeting shall hold discussions.

(3) A vote shall be cast, and the decision shall be adopted if half of the Party committee (leading Party members' group) members who are entitled to attend the meeting vote in favor.

Article 36 When the promotion and appointment of a candidate needs to be examined and approved by the Party committee (leading Party members' group) at the higher level, a memo for instruction prepared by the relevant Party committee (leading Party members' group), together with an Examination and Approval Form for Cadres to Be Appointed or Removed, cadre appraisal material, personal file and minutes of the meeting of the Party committee (leading Party members' group), and discussion records, and information concerning democratic recommendation, shall be submitted. The organization (personnel) department at the higher level should examine the submitted documentation closely.

Article 37 When the appointment of a candidate needs filing for the record with the organization (personnel) department at the higher level, it shall be so filed promptly, in accor dance with the provisions.

Chapter 7 Appointment

Article 38 A system of public notification before the appointment of a leading Party or government cadre shall be implemented.

Public notification concerning appointment of leading cadres of a prefecture (or department under a provincial government), a department (or bureau) under a ministry, or below, except for those in special positions or those who had undergone public notification when the leading group was replaced due to expiry of the term of office, should be carried out among a certain category of people in the period after the decision has been made through discussion by the Party committee (leading Party members' group) and before issuance of the appointment notice. The period for the public notification shall normally be seven to fifteen days. If the result of the public notification does not affect the appointment, the appointment formalities shall be performed.

Article 39 A probation system in the appointment of leading Party and government cadres shall be implemented.

The probationary period shall be one year for the following cadres, who are not elected but appointed to leading positions at and below the level of a prefecture (or department under a provincial government) and a department (or bureau) under a ministry:

(1) Deputies of a working department of a Party committee, the standing committee of a people's congress, a government or a CPPCC committee, and leading members of their internal organs;

(2) Leading members of the internal organs of a discipline inspection commission; and

(3) Leading members of non-state power departments of the internal organs of a people's court or people's procuratorate appointed in accordance with the law.

Upon expiry of the probationary period, if the appointee has been proved to be competent, he or she shall be officially appointed; if the appointee has been proved to be incompetent, he or she shall be removed from his or her probationary post and shall normally be assigned a post equivalent to that he or she held before the probationary period.

Article 40 A system of appointment shall be implemented for some of the leading positions requiring special expertise in Party or government institutions. Each term of appointment for a leading position under the appointment system shall not exceed five years, but the term may be renewed. The appointment procedures shall be formulated separately.

Article 41 When the appointment of a cadre is decided upon, the Party committee (leading Party members' group) shall designate a person to inform the appointee.

Article 42 The term of office of a leading position of the Party or government shall be calculated as follows:

(1) If the appointment is decided by a Party committee (leading Party members' group), it shall be calculated commencing from the date of the decision.

(2) If a person is elected and appointed by a Party congress, a plenary session of a Party committee, a plenary session of a discipline inspection commission, a people's congress, or a plenary session of a CPPCC committee, it shall be calculated commencing from the date of election and appointment.

(3) If the appointment is made or decided upon by the standing committee of a people's congress or the standing committee of a CPPCC committee, it shall be calculated commencing from the date of the appointment or the date when the appointment is decided upon.

(4) If a person is nominated by a Party committee to the government and is appointed by the government, the term of office shall be calculated commencing from the date of the appointment made by the government.

Chapter 8 Recommendation, Nomination and Democratic Consultation According to Law

Article 43 When a candidate to be appointed as a leading cadre is recommended by a Party committee to the relevant people's congress or its standing committee, and such a candidate must be elected, and appointed or decided for appointment by the people's congress or its standing committee, the Party committee should report its recommendation opinion in advance to the temporary Party organization of the people's congress, the leading Party members' group of the standing committee of the people's congress or the Party members on the standing committee of the people's congress. The temporary Party organization of the people's congress, the leading Party members' group of the standing committee of the people's congress, the members of the standing committee of the people's congress, and Party members among deputies to the people's congress should earnestly implement the recommendation opinion of the Party committee, take the lead in doing things according to law, and correctly carry out their duties and responsibilities.

Article 44 When a candidate to be appointed as a leading cadre is recommended by a Party committee to the relevant people's congress for its election and appointment, the Party committee shall submit a recommendation letter in its own name to the presidium of the people's congress, giving the particulars of the candidate and its reasons for the recommendation.

When a candidate to be appointed as a leading cadre is recommended by a Party committee to the standing committee of a people's congress, and such a candidate shall be appointed or decided to be appointed by the standing committee of the people's congress, the Party committee should do so in accordance with the stipulated procedures and give an account of the particulars of the recommended candidate before examination and deliberation by the standing committee of the people's congress.

Article 45 When a candidate to be appointed as a leading member of a working department or organ of a government is nominated by a Party committee to the government, and such a candidate shall be appointed by the government, the candidate shall be appointed by the government after the decision is made by the Party committee.

Article 46 When a leading group is to be replaced due to expiry of the term of office, the candidates recommended by a Party committee to be leading members of the standing committee of a people's congress, a government or a CPPCC committee, or to be principal leading members of a people's court or people's procuratorate, the Party committee should notify in advance and democratically consult principal leading members of the non-Communist parties as well as the relevant federations of industry and commerce and representatives of personages without party affiliation.

Article 47 Before a candidate recommended by a Party committee to be a leading cadre is elected and appointed by the relevant people's congress, or before the candidate is appointed or decided to be appointed by the standing committee of the people's congress, if the deputies to the people's congress or the members of its standing committee have different opinions about the recommended candidate,