the Party committee should earnestly study the opinions and make necessary clarifications or explanations. If facts are found sufficient to affect the election or appointment, the Party committee may suggest to the people's congress or its standing committee to postpone the election, appointment or decision of appointment in accordance with the stipulated procedures. The Party committee may also recommend a new candidate.

Article 48 If a candidate recommended by a Party committee to be a leading cadre that should be elected and appointed by a people's congress as such fails in the election, such a candidate may be recommended for another position in accordance with the needs of work and his or her own qualifications, or may be recommended again for the same position at the next session of the people's congress.

If a candidate recommended by the Party committee to be a leading cadre that should be appointed or decided to be appointed by the standing committee of the people's congress fails to pass the examination of the standing committee, such a candidate may be recommended again, after further deliberation, in accordance with the needs of work and his or her qualifications at the next meeting of the standing committee of the people's congress. If such a candidate fails twice, he or she shall not be recommended again to be a candidate for the same position in the same locality.

Recommendation and nomination, through consultation, of candidates for leading members of a CPPCC committee shall be handled in accordance with the Constitution of the CPPCC and relevant provisions.

Chapter 9 Open Selection and Appointment Through Competition

Article 49 Open selection and appointment through competition shall be one of the methods for the selection and appointment of leading Party and government cadres.

The method of open selection and appointment through competition shall primarily apply to the selection and appointment of leading members of a local Party committee and local government departments or their candidates, leading members of internal organs of Party and government institutions or their candidates, and other leading positions applicable for such selection and appointment. Open selection shall be carried out publicly; while appointment through competition shall be carried out within the same unit or setup.

Article 50 The basic requirements and qualifications for persons who apply to participate in open selection or appointment through competition should be in compliance with provisions in articles 6 and 7 of these Regulations.

Article 51 Work concerning open selection and appointment through competition shall proceed under the leadership of the relevant Party committee (leading Party members' group), and be implemented by the organization (personnel) department. It shall be handled in accordance with the following procedures:

(1) Public announcement of positions; qualifications and requirements for applicants; basic procedures and methods;

(2) Registration and examination of qualifications;

(3) Unified examination (an opinion poll is needed for persons signing up for appointment through competition);

(4) Appraisal, deliberation and submission of a list of candidates by the relevant authority; and

(5) Decision made by the Party committee (leading Party members' group) after discussion.

Chapter 10 Position Shift and Avoidance

Article 52 A system of shift of position of leading Party and government cadres shall be implemented.

(1) Leading cadres to be shifted are primarily those who are subject to shifting due to the needs of work; for the sake of building up and enhancing their ability of leadership; because of having worked in one locality or department over a fairly long period of time; due to the need of avoidance in accordance with related provisions; or other reasons.

The main personnel to be shifted shall be leading members of the local Party committees and governments at and above the county level; and principal leading members of the discipline inspection commissions, the people's courts, the people's procuratorates, and some of the working departments under the Party committee or government.

(2) Any leading member of a local Party committee or government who has served in the same position for ten years must be shifted. Rules shall be separately formulated for ethnic autonomous areas.

The principal of the Party committee and the principal of the government of the same locality (department) shall, normally, not be sent to work elsewhere at the same time.

(3) Leading cadres at and above the division level in internal organs of the Party and government institutions who have served in the same position for a fairly long period of time should be shifted or put on the personnel rotation list.

(4) Personnel exchange may be carried out among regions or departments, between regions and departments, or between Party and government institutions on one hand and state enterprises and institutions or social organizations on the other.

(5) Those on the shift list who have received notice of appointment shall assume office within the time limit stipulated by the Party committee (leading Party members' group) or the organization (personnel) department.

(6) Leading members of a local Party committee or government should, in principle, serve until expiry of the term of office.

Article 53 An avoidance system concerning appointment of leading Party and government cadres shall be implemented.

Leading Party or government cadres who have husband-and-wife or other ties related to marriage, relations of lineal consanguinity or collateral blood ties within three generations must not serve in positions directly under the same leader in the same institution, or in positions whereby one is directly under the other, nor in an organization (personnel) department, discipline inspection (supervision) commission, auditing office or financial department of an institution in which the other person holds a leading position.

Anyone who serves as Party committee secretary of a county (city), mayor of a county (city), or in a principal leading position of a discipline inspection commission, organization department, people's court, people's procuratorate or public security bureau of a county (city) shall not normally serve in the place where he or she grew up. Rules shall be separately formulated for ethnic autonomous counties.

Article 54 An avoidance system concerning the work of selecting and appointing leading Party and government cadres shall be implemented.

When a Party committee (leading Party members' group) and its organization (personnel) department discuss matters concerning appointment or removal, the subject of the discussion and any person with a relationship to the subject of the discussion must be absent.

A member of a cadre appraisal team must withdraw if his or her relatives are involved in the appraisal work.

Chapter 11 Removal from Office, Resignation and Demotion

Article 55 A Party or government cadre should normally be removed from his or her current position in occurrence of any of the following circumstances:

(1) Having reached the age-limit for the position or the age for retirement;

(2) Having got more than one-third of the votes for the "unqualified" cadre grading category in a democratic opinion poll during the annual assessment or appraisal of cadres, and been certified by the authority as not up to standard; or

(3) The needs of work or other reasons.

Article 56 A resignation system for leading Party and government cadres shall be implemented.

Resignations shall include resignation because of needs of work, resignation of one's own accord, resignation for acknowledgement of one's mistakes and resignation by order.

The formalities for resignation shall be handled in accordance with the law or relevant stipulated procedures.

Article 57 Resignation due to the needs of work shall mean that a leading cadre may request the relevant people's congress, standing committee of the people's congress or CPPCC committee at the same level for resignation from his or her current position in accordance with the law or the Constitution of the CPPCC because of change of position due to the needs of work.

Article 58 Resignation of one's own accord shall mean that a leading Party or government cadre may request to resign from his or her current position due to personal or other reasons.

In the case of resignation of one's own accord, a written application must be submitted to the department that is in charge of appointment and dismissal for examination and approval in accordance with the authorized power limit. The appointment and dismissal department should reply within three months after the date of receipt of the application. Without approval, the applicant must not leave his or her post, otherwise he or she shall be subject to disciplinary sanction.

No Party or government cadre is allowed to apply for resignation in any of the following circumstances:

(1) Serving in a special position involving state security and the term for declassification has not yet expired;

(2) Important business requiring the services of the cadre is not yet completed; or

(3) Other special reasons.

Article 59 Resignation for acknowledgement of one's mistakes shall mean that a leading Party or government cadre who requests resignation from his or her current position due to a grave mistake or dereliction of duty which has caused serious losses or a baneful influence, or because he or she bears leading responsibility for a serious accident and it is no longer appropriate for this person to remain in his or her current position.

Article 60 Resignation by order shall mean that the relevant Party committee (leading Party members' group) and its organization (personnel) department hold that a leading Party or government cadre is no longer fit to hold his or her current position because of poor performance during his or her term of office, and order him or her to resign pursuant to certain procedures. In case the person refuses to resign, forcible removal shall ensue.

Article 61 A demotion system concerning leading Party and government cadres shall be implemented.

A leading cadre who is no longer fit to remain in his or her current position for lack of ability or other reasons shall be demoted. Salary and other benefits for a demoted cadre shall be decided in accordance with the standard commensurate with the new post.

Article 62 A cadre who has resigned for acknowledgement of his or her mistakes or by order or who has been demoted may assume the position again or be promoted and appointed to a new leading position in accordance with the relevant provisions if he or she has worked in the new post for more than one year, shown a good performance and meets the requirements for promotion and appointment.

Chapter 12 Discipline and Supervision

Article 63 In the selection and appointment of leading Party and government cadres, all provisions of these Regulations must be strictly observed. The following disciplinary rules must also be abided by:

(1) No extra leading cadres shall be appointed other than the set number; the ranks for cadres must not be enhanced in violation of the relevant provisions.

(2) A meeting of a Party committee (leading Party members' group) for collective discussion and decision on appointment or removal of a cadre must not be replaced by a Party secretary work meeting or by forms such as drawing a circle?by leading members.

(3) There shall be no interim motion for a decision of appointment or removal of a cadre.

(4) No individual is allowed to unilaterally decide the appointment or removal of a cadre, or to alter a decision of appointment or removal of a cadre collectively made by a meeting of a Party committee (leading Party members' group).

(5) No one is allowed to refuse a decision of transfer or personnel exchange made by a higher authority.

(6) No one is allowed to request promotion for his or her spouse, children or other relatives, or give instructions for the promotion of persons directly working for him or her, such as a secretary.

(7) No sudden promotion or adjustment of cadres is allowed by taking advantage of changes in an organizational setup or reshuffle of principal leading members. No person who has already left his or her position, is allowed to interfere with the selection and appointment of cadres made by his or her former unit.

(8) No activities contravening Party discipline, the law or relevant rules and regulations are allowed in the process of election.

(9) No one is allowed to conceal or distort facts, or disclose any information concerning the preparation and discussion concerning the appointment or removal of cadres during appraisal of the latter.

(10) No one in authority is allowed to appoint persons by means of favoritism, unilaterally hand out official posts, make lavish promises, practice irregularities for personal gains, practice factionalism, or take personal revenge.

Article 64 Matters concerning appointment or removal of cadres in violation of the provisions of these Regulations must not be approved. Any decision on appointment or removal of cadres thus made shall be null and void. The relevant Party committee (leading Party members' group) or the organization (personnel) department shall correct the decision within the limit of its authorized power for cadre administration, and impose organizational measures or disciplinary sanctions on the person chiefly responsible and other persons with direct responsibility for such cases.

A person who defies a decision from the authority concerning transfer or personnel exchange without a proper reason shall be instantly removed from office or demoted in accordance with the law and relevant provisions.

Article 65 A responsibility ascertainment system concerning the selection and appointment of leading Party and government cadres shall be implemented. In case serious consequences have been caused by erroneous choice of cadres, the responsibility of the person with chief responsibility and persons with direct responsibility shall be ascertained in accordance with the specific circumstances.

Article 66 A Party committee (leading Party members' group) and its organization (personnel) department shall exercise supervision and inspection over the work of cadre selection and appointment, and the implementation of these Regulations, accept and adjudicate complaints and appeals concerning the work of selection and appointment, stop and correct any act in violation of these Regulations, and put forward opinions or proposals for dealing with the persons responsible for such violations.

The relevant discipline inspection organization (supervision department) shall supervise and inspect the work of selection and appointment of cadres, in accordance with the relevant provisions.

Article 67 A system of joint meeting attended by the relevant organization (personnel) department, discipline inspection organization (supervision department) and other relevant departments shall be established in order to strengthen supervision of the work of cadre selection and appointment, exchange information and views, and voice opinions and suggestions. The joint meeting shall be called by the organization (personnel) department.

Article 68 A supervision responsibility system concerning the selection and appointment of leading Party and government cadres shall be implemented. In case of grave malpractices in personnel affairs, serious complaints from cadres or the public, or taking no proper action in dealing with acts in violation of organizational and personnel work discipline, the responsibility of the principal leading member of the Party committee (leading Party members' group) and the leading member of the Party committee (leading Party members' group) who is specifically in charge should be ascertained.

Article 69 In the work of cadre selection and appointment, the Party committee (leading Party members' group) and its organization (personnel) department must strictly abide by these Regulations, and conscientiously accept supervision by the authority and the masses. Institutions at a lower level as well as Party members, cadres and the masses shall be entitled to report or appeal against any act in violation of discipline and the provisions in the work of cadre selection and appointment to the Party committee (leading Party members' group), its organization (personnel) department or discipline inspection organization (supervision department) at the higher level. Departments or institutions receiving such reports or appeals shall verify and handle the matters in accordance with the relevant provisions.

Chapter 13 Supplementary Provisions

Article 70 Provisions in these Regulations for working departments shall also be applicable to administrative offices, representative offices and other directly subordinate organizations.

Article 71 In respect of selection and appointment of the Party and government cadres at the level of township (town or sub-district), the Party committees of provinces, autonomous regions and municipalities directly under the Central Government shall formulate corresponding implementation measures on the basis of these Regulations.

Article 72 Measures concerning the selection and appointment of leading cadres of the Chinese People's Liberation Army and the Chinese People's Armed Police Force shall be formulated by the Central Military Commission on the basis of the principles in these Regulations.

Article 73 These Regulations shall be interpreted by the Organization Department of the CPC Central Committee.

Article 74 These Regulations shall come into effect as of the date of promulgation. The Interim Regulations on the Work of Selecting and Appointing Leading Party and Government Cadres shall become simultaneously null and void.

Notes

The CPC must always represent the requirements of the development of China's advanced productive forces, the orientation of the development of China's advanced culture, and the fundamental interests of the overwhelming majority of the people in China -- tr.

To tick off or circle one's name on a document submitted for approval to mean that one has read the document -- tr.

(Source: China.org.cn)