Temporary Regulations on the Term of Office of Leading Party-State Cadres
Article 1. The Present Regulations are enacted based on the “Constitution of the People’s Republic of China”, the “Constitution of the Communist Party of China”, the “Organic Law on Local People’s Congresses and Local Governments of the People’s Republic of China”, the “Law on Public Officials of the People’s Republic of China”, the “Work Provisions on the Appointment of Leading Party-State Cadres” in order to regulate the work of the term of office and manage the term of office of leading Party-State cadres, guarantee the stability of leading cadres’ within their term of office, strengthen the vital force of cadres’ troops.
Article 2. The Present Regulations apply to full-time leading members of work departments and work institutions of the Central Committee, the Standing Committee of the National People’s Congress, the State Council, the Political-Consultative Conference; to full-time leading members of Party committees above the county level, to leading members of voernments, commissions for discipline inspection, People’s courts, People’s procuratorates; to leading members of Party committees of Provinces (autonomous regions municipalities), cities (prefectures, leagues, autonomous prefectures), and of work departments and work institutions of the Standing Committees of People’s Congresses, of governments, of political-consultative conferences.
Article 3. The term of office of leading Party-state cadres is of 5 years.
Article 4. During their term of office Party-state cadres shall maintain stability. Except for any of the following circumstances, a term of office shall be completed:
(1) Reaching the age of retirement;
(2) Inability or inappropriateness to continue to be in office due to health reasons;
(3) Being unqualified and needing to be removed from office;
(4) Voluntary resignation or resignation after an admission of responsibility, or due to an order to resign;
(5) Need to change office or to be removed from office following punishments or sanctions;
(6) Need to change office due to particular work circumstances;
Where due to particular work circumstances Party-state cadres need to change office during their term of appointment, normally change must not occur more than once.
Article 5. During their term of office and when their term of office is complete, leading Party-state cadres shall undergo evaluation according to relevan regulations. The evaluation result is a major factor in the use of cadres.
Article 6. Where a leading Party-state cadre has completed two consecutive terms in the same post, he is not to be recommended, nominated, or appointed again for the same post.
Article 7. Where a leading Party-state cadre has held a leading position at the same level for 15 years, he is not to be recommended, nominated or appointed again for a leading post at the same level, within the scopes listed under article 2. Adequate arrangements shall be made for cadres, according to their personal circumstances and work needs.
Article 8. In applying articles 6 and article 7 of the Present Regulations to leading Party-state cadres belonging to minorities in ethic autonomous regions, after approval restrictions may suitably be relaxed.
Article 9. Where during their term leading Party-state cadres undergo a readjusment of their office, and have been in office for more than 3 years, a complete term shall be counted. Where they have been in office for less than 3 years, only their time in office shall be counted, and it shall not be counted as a complete term.
Article 10. Where Party-state cadres are elected to a new leading group, they shall automatically leave their original leading post.
Full-time leading members of work departments and work institutions shall not be re-appointed after the completion of their term. The appointing institution shall, according to relevant regulations, issue a notice of dismissal, to remove them from the leading post they held.
Article 11. Party committees (Party groups) at all levels and their organization (personnel) departments are responsible for the organizational implementation of the Present Regulations according to the scope of their authority in managing cadres. They shall conduct oversight on the implementation of the Present Regulations, and stop conducts enacted in violation of the Present Regulations.
Article 12. The fixed-term appointment system is enacted on full-time leading members of the China Federation of Trade Unions, the Youth League, the Women’s League and other mass organizations according to relevant regulations, and with reference to the Present Regulations.
The fixed-term appointment system of full-time leading members of Party Committees and professional institutions directly controlled by governments in cities (prefectures, leagues, autonomous prefectures) is enacted with reference to the Present Regulations.
Article 13. According to the spirit of the Present Regulations, Party committees in provinces (autonomous regions, municipalities) enact regulations on the fixed-term appointment system of leading Party-state cadres in villages (departments), according to the local reality, and file [such regulations] to the Central Organization Department.
Article 14. The Central Organization Department is responsible for interpreting the Present Regulations.
Article 15. The Present Regulations shall go into effect as of the date of promulgation.