Chapter 1
General Provisions
Article 1 These Provisions are formulated for the purpose of seriously disciplining institutions, regulating the behavior of their staff, and ensuring that institutions and their staff perform their duties in accordance with the law.
Second, the staff of the institution violates the law and should bear the disciplinary responsibility, in accordance with the provisions of the sanctions.
Disciplinary action shall be taken against the staff of an institution authorized by laws and regulations to have the function of managing public **** affairs who are approved to be managed with reference to the "Law of the People's Republic of China on Civil Servants", with reference to the relevant provisions of the "Regulations on Disciplinary Action against Civil Servants of Administrative Organs".
These provisions shall apply to the imposition of disciplinary penalties on staff members of institutions appointed by administrative organs, staff members of institutions authorized by laws and regulations to perform public **** affairs management functions without reference to the Civil Service Law of the People's Republic of China, and staff members of institutions entrusted by the state administrative organs with the performance of public **** affairs management activities in accordance with the law; provided, however, that the supervisory organs shall not impose disciplinary penalties on the aforesaid staff members if the supervisory organs However, the procedures for the investigation and handling of disciplinary violations by the supervisory organs of the above persons and the authority for making disciplinary decisions, as well as the appeal to the supervisory organs by the staff members of the institutions who are the subject of supervision and who are dissatisfied with the disciplinary decisions, shall be handled in accordance with the "Law of the People's Republic of China on Administrative Supervision" and its implementing regulations.
Article 3 Discipline given to staff members of institutions shall adhere to the principles of justice, fairness and the combination of education and punishment.
The punishment given to the staff of the institution shall be appropriate to the nature, circumstances and degree of harm of their illegal and undisciplined behavior.
The institution staff shall be given punishment, should be clear, solid evidence, accurate characterization, appropriate treatment, legal procedures, complete procedures.
Article IV of the career staff suspected of committing a crime, shall be transferred to the judicial organs for the purpose of investigating criminal responsibility.
Chapter II
Types and Application of Sanctions
Article 5 The types of sanctions shall be:
(1) Warning;
(2) demerit;
(3) lowering of post grade or dismissal;
(4) dismissal.
Of these, the punishment of dismissal applies to the staff of the institution appointed by the administrative organ.
Article 6 The period of disciplinary action shall be as follows:
(1) warning, 6 months;
(2) demerit, 12 months;
(3) reduction of post grade or dismissal, 24 months.
Article 7 If the staff of an institution receives a warning, during the period of disciplinary action, he shall not be employed in a position higher than the current level of the position; in the year when the decision on the disciplinary action is made, the annual assessment cannot be determined as an excellent grade.
When an institution staff member receives a demerit, he or she shall not be employed in a position higher than his or her current position during the period of disciplinary action, and the annual assessment shall not be determined to be qualified or above.
When a staff member of an institution is punished by lowering the rank of a post, he or she shall be employed at a lower rank than that of the post from the effective date of the decision on the punishment and his or her salary shall be determined in accordance with the relevant provisions on income distribution of the institution; he or she shall not be employed at a post higher than the rank of the post to which he or she was appointed after being punished during the period of the punishment and his or her annual appraisal shall not be determined to be a basic qualification or higher grade.
The appointment, appraisal and salary of the career staff appointed by the administrative organ during the period of disciplinary action shall be determined in accordance with the authority of cadre and personnel management, with reference to the provisions of the first, second and third paragraphs of this article.
Where a staff member of an institution is dismissed from the institution, his personnel relationship with the institution shall be terminated as of the effective date of the disciplinary decision.
Article 8 If a staff member of an institution is punished with a demerit or above, he shall not be allowed to participate in the qualification for professional and technical posts in the field of his specialty (technology or skill) or in the technical grade examination (assessment) for workman skill personnel during the period of punishment. Should be canceled professional and technical qualifications or professional qualifications, in accordance with the relevant provisions.
Article IX of the enterprise staff at the same time more than two kinds of behavior need to be given sanctions, should be determined separately. Should be given different types of punishment, the implementation of the heaviest punishment; should be given more than one of the same type of punishment other than dismissal, the implementation of the punishment, but the punishment shall be determined in accordance with the period of more than one period of punishment, the sum of the two periods of punishment and the following.
If a staff member of an organization receives a new punishment during the period of punishment, the period of punishment shall be the sum of the period of the original punishment that has not been carried out and the period of the new punishment, but the maximum period shall not exceed 48 months.
Article X. If two or more staff members of an institution **** the same violation of law and discipline and need to be punished, they shall be punished according to their respective responsibilities.
Article 11 Any one of the following circumstances shall be punished more severely:
(1) playing a major role in more than two people's **** with illegal and disciplinary acts;
(2) concealing, forging or destroying evidence;
(3) colluding to make confessions or preventing other people from exposing and denouncing and providing evidential materials;
(4) harboring the co-accused;
(5) hiding the accused; and
(e) other aggravating circumstances prescribed by laws, regulations and rules.
Article 12 The punishment shall be mitigated if any of the following circumstances applies:
(1) the person takes the initiative to give an account of the violation of law and discipline;
(2) the person takes the initiative to take measures to effectively avoid or recover losses;
(3) the person denounces the violation of law and discipline of another person, and the situation is true.
Article XIII of the enterprise staff take the initiative to account for violations of law and take the initiative to take measures to effectively avoid or recover losses, shall be mitigated or exempted from punishment.
The circumstances of the violation of law and discipline by the staff of the institution are minor, and after criticism and education, they can be exempted from disciplinary action.
Article 14 Where a staff member of an institution has one of the circumstances stipulated in Articles 11 and 12 of these Regulations, he shall be given a heavier or lighter punishment within the range of punishment stipulated in Chapter III of these Regulations.
The enterprise staff have the provisions of Article 13, paragraph 1 of the circumstances, shall be outside the range of punishment provided in Chapter III of these provisions, the punishment shall be reduced by one grade of punishment. If a warning should be given and there are mitigating circumstances, he shall be exempted from punishment.
Article 15 of the institutions have violated the law and discipline, should be investigated for disciplinary responsibility, in accordance with the law on the responsible leaders and directly responsible personnel to be given sanctions.
Chapter III
Acts of Violation of Law and Discipline and Their Applicable Sanctions
Article 16 Anyone who commits any of the following acts shall be given a demerit sanction; if the circumstances are more serious, he shall be given a reduction in the grade of the post or dismissal; if the circumstances are serious, he shall be given dismissal:
(1) Spreading remarks that harm the reputation of the state, organizing or participating in assemblies, marches, demonstrations and other activities aimed at harming the interests of the state. demonstrations,
(ii) organizing or participating in illegal organizations;
(iii) accepting funding from abroad to engage in activities that harm national interests or endanger national security;
(iv) accepting invitations or rewards from abroad that harm the honor and interests of the state, and refusing to rectify such invitations or rewards after being criticized and educated;
(v) violating the state's national religious laws and policies, resulting in adverse consequences. and policies, resulting in adverse consequences;
(vi) leaving the country illegally, obtaining permanent residence status outside the country without authorization, or acquiring a foreign nationality;
(vii) bringing into the country (territory) books and magazines, audio-visual products, and electronic reading materials with contents prohibited by law;
(viii) other acts violating political discipline.
If a person commits any of the acts stipulated in the preceding paragraph (1) to (3), but he or she has been coerced into taking part in the act without knowing the truth, and has shown genuine repentance after criticism and education, he or she may be mitigated or exempted from disciplinary action.
Article 17 Anyone who commits any of the following acts shall be given a warning or a demerit; if the circumstances are more serious, he shall be given the punishment of lowering the rank of the post or dismissal; if the circumstances are serious, he shall be given the punishment of dismissal:
(1) disobeying the command, dispatching, or negatively confronting in the execution of important national tasks or in the response to the emergencies of the public ****;
(2) disrupting the normal working order, causing harm to the state or the public ****. (b) disrupt the normal working order, causing losses to the state or the interests of the public ****;
(c) violation of the rules of command, illegal operation, resulting in losses of people's lives and property;
(d) major accidents, disasters, incidents, AWOL or not according to the provisions of the report, take no measures to dispose of or disposal of ineffective;
(e) in the assessment of the project evaluation, product certification, equipment (E) in the project assessment and evaluation, product certification, equipment testing and inspection, and other work for favoritism, or violation of the provisions of the adverse effects;
(F) the leakage of state secrets;
(G) the leakage of insider information mastered by the work, resulting in adverse consequences;
(H) to take improper means to seek a position for themselves or others, or in the public recruitment of public institutions and other personnel management work in other violations of the organization and personnel discipline;
(H) to take improper means for themselves or others to seek a position for themselves, or in the public recruitment of personnel management work in the other violations Organization and personnel discipline;
(ix) other violations of work discipline dereliction of duty.
Anyone who commits the acts stipulated in item (f) of the preceding paragraph shall be given a punishment of demerit or above.
Article 18 Anyone who commits any of the following acts shall be given a warning or a demerit; if the circumstances are more serious, he shall be given the punishment of lowering the rank of the post or dismissal; if the circumstances are serious, he shall be given the punishment of dismissal:
(1) embezzlement, solicitation of bribes, acceptance of bribes, bribe-giving, introduction of bribes, or misappropriation of public funds;
(2) taking advantage of his work to seek undue benefits for himself or for others;
(3) accepting gifts, securities, payment vouchers in official activities or work;
(4) using knowledge or mastery of insider information to seek benefits;
(5) using public funds to travel or disguised as using public funds to travel;
(6) violating the state regulations, engaging in or participating in profit-making activities or receiving remuneration for part-time positions;
(7) using public funds to seek benefits for themselves or others;
(8) using public funds to seek benefits for themselves or others;
(9) using public funds to seek benefits for themselves or others; (10) using public funds to seek benefits for themselves or others
(vii) Other violations of the discipline of honesty and integrity.
Anyone who commits the acts stipulated in paragraph (1) of the preceding paragraph shall be given a punishment of demerit or above.
Article 19 Anyone who commits any of the following acts shall be given a warning or a demerit; if the circumstances are more serious, he shall be given the punishment of lowering the rank of the post or dismissal; if the circumstances are serious, he shall be given the punishment of dismissal:
(1) violating the relevant provisions on the surrender of state revenues;
(2) violating the provisions on the use and fraudulent use of financial funds or the social insurance fund;
(C) unauthorized setting of fees or unauthorized changes in the scope, standard and object of fees;
(D) squandering, wasting state funds or causing loss of state-owned assets;
(E) unauthorized possession, use and disposal of state-owned assets in violation of state-owned asset management regulations;
(F) violation of the relevant provisions of the bidding and bidding and procurement of goods and materials work
(vii) other violations of financial discipline.
Article 20 If any of the following acts is committed, he/she shall be given a warning or a demerit; if the circumstances are more serious, he/she shall be given a reduction in the grade of his/her post or dismissed from his/her post; if the circumstances are serious, he/she shall be expelled from his/her post:
(1) using his/her expertise or skills to commit unlawful and undisciplined acts;
(2) plagiarizing, plagiarizing, or misappropriating other people's academic achievements, forging or falsifying data and documents, or fabricating facts and other academic misconduct.
(c) Using professional status to induce, threaten, or mislead others to harm their legitimate rights and interests;
(d) Using authority, status, or control of resources to suppress different viewpoints and restrict academic freedom, resulting in significant losses or adverse effects;
(e) Falsifying in the process of applying for positions, projects, honors, etc.
(f) Falsifying in the process of applying for positions, projects, honors, etc.
(g) Falsifying in the process of applying for positions, projects, honors, etc.; and
(vi) Poor work attitude, resulting in adverse social impact;
(vii) Other serious violations of professional ethics.
Anyone who commits the acts stipulated in item (a) of the preceding paragraph shall be given a demerit or above.
Article 21 Anyone who commits any of the following acts shall be given a warning or a demerit; if the circumstances are more serious, he or she shall be given the punishment of lowering the rank of the post or dismissal; if the circumstances are serious, he or she shall be given the punishment of dismissal:
(1) Manufacturing or disseminating illegal and prohibited articles and information;
(2) Organizing or participating in pornographic activities, such as prostitution and patronizing prostitutes;
(3) Drug abuse or organizing or participating in gambling activities;
(4) violating the regulations of ultra-family planning;
(5) keeping a lover;
(6) abusing or abandoning family members, or refusing to undertake the obligations of alimony, fostering and support, etc.
(7) other serious violations of the order of the public ****, social morality.
If any of the behaviors stipulated in items (2), (3), (4) and (5) of the preceding paragraph are committed, he or she shall be given a disciplinary punishment of lowering the rank of the post or dismissal from the post or above.
Article 22 The staff of the institutions sentenced to imprisonment according to law, shall be given to reduce the grade of the post or dismissal or more sanctions. Among them, if they are sentenced to fixed-term imprisonment or above, they shall be given the punishment of dismissal.
An employee of an institution appointed by an administrative organ who is sentenced to a criminal penalty in accordance with the law shall be given a punishment of dismissal.
Chapter IV
Authority and Procedures of Discipline
Article 23 The disciplinary actions against the staff members of an undertaking shall be decided in accordance with the following authority:
(1) Warning, demerit, lowering of post grade or dismissal from office shall, in accordance with the authority of cadre and personnel management, be decided by the undertaking or the competent department of the undertaking. Among them, those decided by the institution shall be reported to the competent department of the institution for the record.
(2) Dismissal of punishment shall be decided by the competent department of the institution and reported to the comprehensive personnel management department of the institution at the same level for the record.
Discipline on the staff of the central and local institutions directly under the central government, in accordance with the authority of cadre and personnel management, by the unit or the relevant departments to decide; of which, the decision on dismissal from the unit, reported to the same level of the comprehensive management of personnel of the institutions for the record.
Article 24 The disciplinary action against the staff of an institution shall be handled in accordance with the following procedures:
(1) After the preliminary investigation of the illegal and disciplinary behavior of the staff of an institution, if further investigation is required, a case shall be filed in accordance with the authority of cadre and personnel management, with the approval of the person in charge of the institution or with the consent of the relevant department;
(2) The illegal and disciplinary behavior of the staff of the institution under investigation shall be further investigated. (B) of the investigation of the violation of law and discipline of the staff for further investigation, collection, verification of relevant evidence and materials, and the formation of a written report of the investigation;
(C) will be investigated and found the facts and the basis of the proposed sanctions to be informed of the investigation of the staff of the institution, to hear their statements and pleadings, and the facts, reasons and evidence put forward by the review, for the record. If the facts, reasons and evidence put forward by the staff member of the institution under investigation are substantiated, they shall be accepted;
(d) in accordance with the authority to decide on the disciplinary action, a decision is made to give the staff member of the institution a disciplinary action, to exempt him from the disciplinary action, or to withdraw the case;
(e) the unit which decides on the disciplinary action issues a decision on the disciplinary action;
(f) the decision on the disciplinary action is notified to the staff member of the institution subjected to the disciplinary action in written form. (f) The decision on the sanction shall be notified in writing to the staff member of the institution and the relevant unit, and announced within a certain scope;
(g) The decision on the sanction shall be deposited in the file of the staff member of the institution who is subjected to the sanction.
The disciplinary decision takes effect from the day it is made.
Article 25 If a staff member of an undertaking unit is suspected of violating laws and discipline and has been filed for investigation, and is not fit to continue to perform his duties, he may be suspended from his duties by the undertaking unit or by the relevant department in accordance with the authority of cadre and personnel management.
The investigation of the career staff in the investigation of cases of violations of law and discipline during the investigation, shall not terminate the employment contract, go abroad (in the country), or for retirement procedures.
Article 26 The investigation of cases of violation of discipline by staff members of institutions shall be carried out by more than two case officers; the units and individuals under investigation shall truthfully provide information.
Evidence collected by violence, threat, enticement, deception and other unlawful means shall not be used as the basis for a decision.
Article 27 A person who participates in the investigation and handling of cases of violation of discipline by staff members of an institution shall file an application for disqualification if one of the following circumstances exists; the staff member of the institution under investigation, as well as citizens, legal persons, or other organizations having an interest in the case, shall have the right to request his or her disqualification:
(1) A husband and wife relationship, a blood relative in the direct line of descent, or a collateral blood relative within three generations of the person being investigated, Within three generations of blood relatives or close relatives by marriage;
(2) and the investigation of the case has a stake;
(3) and the investigation of the institution staff have other relationships that may affect the fair handling of the case.
Article 28 The person in charge of the unit deciding on the sanction to recuse, in accordance with the authority of cadre and personnel management to decide; other personnel involved in the investigation and handling of cases of violations of law and discipline to recuse, by the person in charge of the unit deciding on the sanction to decide.
The disciplinary decision-making unit finds that the personnel involved in the investigation and handling of cases of violation of law and discipline should be recused, it can directly decide that the personnel recuse themselves.
Article 29 A decision on the disciplinary action to be taken against a staff member of an organization shall be made within six months from the date of approval of the filing of the case; if the case is complicated or there are other special circumstances, the decision may be extended, but the time limit for the handling of the case shall not be more than twelve months.
Article 30 The decision on disciplinary action shall include the following:
(1) the name of the staff member of the institution to be disciplined, the work unit, the name of the original position (position) and the grade and other basic information;
(2) the facts of the violation of law and discipline that have been investigated and verified;
(3) the type of punishment, the period of time for which punishment is imposed and the basis for such punishment;
(d) the means and period of appeal against the disciplinary decision;
(e) the name and seal of the unit deciding on the disciplinary action and the date of the decision.
Article 31 After a staff member of an institution has been dismissed from the institution, the institution shall promptly carry out the procedures for transferring the files and social insurance relations, and the specific measures shall be implemented in accordance with the relevant provisions.
Chapter V
Removal of Punishment
Article 32 If a staff member of an institution who has been subject to a punishment other than dismissal repents during the period of punishment and does not violate the law and discipline, the punishment shall be lifted upon the expiration of the period of punishment with the approval of the unit that decided on the original punishment.
If a staff member of an organization terminates or dissolves his or her employment contract during the period of disciplinary action, he or she shall be released from the disciplinary action upon expiration of the period of disciplinary action. Disciplined career staff require the original disciplinary decision unit to provide proof of discharge, the original disciplinary decision unit shall be provided.
Article 33 A staff member of an institution who has significant meritorious performance during the period of disciplinary action, and is rewarded with individual merit or more in accordance with the relevant provisions, may be released from the disciplinary action in advance after approval.
Article 34 The lifting or early lifting of the disciplinary action of a staff member of an institution shall be handled in accordance with the following procedures:
(1) In accordance with the authority of cadre and personnel management, the institution or the relevant department of a staff member of an institution subject to discipline during the period of the performance of the institution to be subjected to a comprehensive understanding, and the formation of a written report;
(2) In accordance with the authority of the decision on the discipline of a (b) make a decision on lifting or early lifting of the sanction;
(c) issue and publish the decision on lifting or early lifting of the sanction;
(d) notify the person concerned of the decision on lifting or early lifting of the sanction in writing and announce it within the scope of the original announcement of the sanction;
(e) deposit the decision on lifting or early lifting of the sanction in the staff member's file.
The decision on the lifting of the sanction takes effect from the date on which it is made.
Article 35 The lifting or early lifting of the disciplinary action of a staff member of a business unit shall be carried out in accordance with the provisions of Article 27 and Article 28 of these Regulations.
Article 36 The decision on lifting or early lifting of punishment shall include the type of original punishment and the basis for lifting or early lifting of punishment, as well as the performance of the staff member during the period of punishment.
Article 37 After the lifting of a sanction, the assessment, competitive recruitment and promotion of wages in accordance with the relevant provisions of the State, no longer affected by the original sanction. However, subject to the lowering of job level or dismissal, is not regarded as restoring the job level and salary before the punishment.
Article 38 The decision on the dismissal of the punishment shall be made within one month after the expiration of the period of punishment.
Chapter VI
Review and Appeal
Article 39 If a staff member of an institution who has been disciplined is dissatisfied with the decision on the disciplinary action, he or she may apply for a review to the unit that made the original decision on the disciplinary action within thirty days from the date when he or she knew or should have known of the decision on the disciplinary action. If he is not satisfied with the result of the review, he may, within thirty days from the date of receipt of the decision on the review, lodge an appeal with the competent department of the unit that made the original decision on the punishment or the comprehensive personnel management department of the institution at the same level in accordance with the regulations.
Appeals of the staff of the central and local institutions directly under the central government who have been disciplined shall be accepted by the comprehensive personnel management department of the same level of the institution in accordance with the authority of cadre and personnel management.
Article 40 The unit that made the original disciplinary decision shall make a review decision within thirty days from the date of receiving the application for review. The unit accepting the appeal shall make a decision within sixty days from the date of acceptance; if the case is complicated, it may be extended appropriately, but the extension period shall not exceed thirty days at the most.
The implementation of the disciplinary action shall not be stopped during the period of review and appeal.
A utility staff member shall not be subjected to a heavier penalty for filing a review or appeal.
Article 41 Where any of the following circumstances exists, the unit accepting the review or appeal of the disciplinary action shall revoke the decision on the disciplinary action and make a new decision or order the unit making the original decision on the disciplinary action to make a new decision:
(1) Where the facts on which the disciplinary action is based are unclear or the evidence is insufficient;
(2) Where there is violation of the prescribed procedures, which affects the fair handling of the case;
(3) Where the staff member (C) exceeding the authority or abusing the authority to make a disciplinary decision.
Article 42 In any of the following cases, the unit accepting the review or appeal shall change the disciplinary decision or order the original unit making the disciplinary decision to change the disciplinary decision:
(1) the application of laws, rules and regulations is incorrect;
(2) the circumstances of the violation of law or discipline are incorrectly determined;
(3) the disciplinary action is inappropriate.
Article 43 Where the disciplinary decision of a staff member of an institution has been changed, and it is necessary to adjust the staff member's post grade or salary, it shall be adjusted in accordance with the regulations; where the disciplinary decision of a staff member of an institution has been withdrawn, the staff member shall be restored to his or her post grade and salary, and be arranged for a corresponding post in accordance with the original post grade and his or her reputation shall be restored to him or her to an appropriate extent.
The loss of salary and wages of an establishment staff member whose disciplinary decision has been revoked or mitigated shall be compensated.
Chapter VII
Adjunctions
Article 44 If a retired enterprise staff member has violated the law or discipline and should be subject to a disciplinary action, no further decision on the disciplinary action shall be made. However, if they should be punished by lowering the rank of their posts or dismissing them, the treatment they enjoy shall be lowered or canceled accordingly.
Article 45 The staff of the institutions of the disciplinary work of abuse of power, dereliction of duty, favoritism, acceptance of bribes and other violations of law and discipline, in accordance with the relevant provisions of the sanctions; suspected of committing a crime, the transfer of the judicial organs shall be held criminally responsible.
Article 46 Disciplinary action shall be taken against the staff of the organization, with reference to the implementation of these provisions.
Article 47 Departments of education, medical and health care, science and technology, and sports may, on the basis of these Provisions and in the light of the actual situation of their own work, jointly formulate specific measures with the human resources and social security department of the State Council and the supervisory organs of the State Council.
Article 48 These provisions shall come into force on September 1, 2012 .