Supervisory Officers Law of the People’s Republic of China

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Order of the President of the People’s Republic of China

No. 92

 

The Supervisory Officers Law of the People’s Republic of China, adopted at the 30th Meeting of the Standing Committee of the Thirteenth National People’s Congress on August 20, 2021, is hereby promulgated and shall come into force as of January 1, 2022.

 

Xi Jinping

President of the People’s Republic of China

August 20, 2021

Supervisory Officers Law of the People’s Republic of China

(Adopted at the 30th Meeting of the Standing Committee ofthe Thirteenth National People’s Congress on August 20, 2021)

 

Contents

 

Chapter I General Provisions

Chapter II Duties, Obligations, and Rights

Chapter III Qualifications and Selection

Chapter IV Appointment and Removal

Chapter V Management

Chapter VI Appraisal and Awards

Chapter VII Oversight and Discipline

Chapter VIII Professional Guarantee

Chapter IX Supplementary Provisions

Chapter I

General Provisions

 

Article 1 This Law is developed in accordance with the Constitution and the Supervision Law of the People’s Republic of China to strengthen the management and oversight of supervisory officers, ensure supervisory officers’ lawful performance of their duties, protect supervisory officers’ lawful rights and interests, cultivate professional supervisory officers of high caliber, and ensure that supervision work is standard and law-based.

Article 2 The management and oversight of supervisory officers shall fall under the leadership of the Communist Party of China; follow the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Theory of Three Represents, the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era; reflect the principle of the Party supervising the performance of officials; enhance supervisory officers’ sense of mission, responsibility, and honor; and lead to the cultivation of supervisory officers who are reliable, have moral integrity, and demonstrate a keen sense of responsibility.

Article 3 Supervisory officers include the following persons:

(1) chairpersons, vice chairpersons, and other members of supervisory commissions at all levels;

(2) supervisory personnel in organs of supervisory commissions at all levels;

(3) supervisory personnel and commissioners stationed or dispatched by the supervisory bodies stationed or dispatched by supervisory commissions at all levels in organs of the Communist Party of China, state organs, and organizations and entities authorized or entrusted by laws or regulations to manage public affairs, as well as in supervisory authorities in the administrative regions under the commissions’ jurisdiction; and

(4) other supervisory personnel in supervisory authorities exercising supervisory power in accordance with the law.

The oversight and management of supervisory personnel and commissioners stationed or dispatched by supervisory commissions at all levels in the supervisory bodies of state-owned enterprises, as well as other members of supervisory bodies in state-owned enterprises who exercise supervisory power in accordance with the law, shall comply with the relevant provisions of this Law.

Article 4 Supervisory officers shall be reliable, responsible, honest and upright, and shall set a good example in acting with a strict sense of discipline, upholding work ethics, resisting corruption, and preventing moral decline.

Article 5 Supervisory officers shall safeguard the sanctity and authority of the Constitution and the law, perform their duties objectively and fairly on the basis of facts and law, and protect the lawful rights and interests of the parties concerned.

Article 6 Supervisory officers shall perform their duties in strict accordance with the prescribed authority and procedures, uphold democratic centralism, and study major issues collectively.

Article 7 Supervisory authorities shall establish sound oversight systems and mechanisms for supervisory officers to ensure that their power is strictly restrained.

Supervisory officers shall readily accept oversight from their organizations, democratic oversight, oversight from all sectors of society, and oversight through public opinion.

Article 8 Supervisory officers’ law-based performance of their duties shall be protected by law and shall not be subject to interference by administrative organs, social organizations or individuals.

Chapter II

Duties, Obligations, and Rights

Article 9 Supervisory officers shall perform the following duties in accordance with the law:

(1) to raise the integrity awareness of public employees;

(2) to conduct oversight and inspections of public employees’ efforts to perform their duties in accordance with the law, to impartially exercise their power, to pursue integrity in their work, and to observe ethics;

(3) to investigate job-related illegalities and crimes under the jurisdiction of supervisory authorities as provided by law;

(4) to submit recommendations on handling the matters they supervise based on the outcomes of oversight and investigations;

(5) to engage in international cooperation against corruption; and

(6) to carry out other duties provided by law.

Supervisory officers shall be responsible for the matters they supervise within the scope of their authority.

Article 10 Supervisory officers shall discharge the following obligations:

(1) to uphold the leadership of the Communist Party of China and implement the line, principles, policies, and major decisions and plans of the Communist Party of China and the state;

(2) to act as a role model in complying with the Constitution and the law;

(3) to protect the interests of the country and the people, impartially enforce the law, courageously take on responsibility for oversight, and resolutely combat corruption;

(4) to safeguard the lawful rights and interests of those under supervision and the relevant persons in accordance with the law;

(5) to devote themselves to their duties, fulfill responsibilities with dedication, and strive to improve the quality and efficiency of their work;

(6) to protect state secrets and secrets in supervision work as well as the trade secrets, personal privacy, and personal information learned of in the performance of duties;

(7) to observe discipline and professional ethics and lead by example in terms of public morality and family virtues;

(8) to accept oversight; and

(9) to carry out other obligations provided by law.

Article 11 Supervisory officers shall enjoy the following rights:

(1) to have the power and working conditions essential to the performance of their functions and duties;

(2) to enjoy professional guarantee, welfare and benefits from the performance of duties;

(3) to enjoy personal, property, and residence safety as ensured by law;

(4) to file complaints or charges; and

(5) to enjoy other rights provided by the Law of the People’s Republic of China on Civil Servants and other laws.

Chapter III

Qualifications and Selection

Article 12 The following qualifications are needed to become a supervisory officer:

(1) holding the nationality of the People’s Republic of China;

(2) upholding the Constitution of the People’s Republic of China, the leadership of the Communist Party of China, and the socialist system;

(3) having political integrity, morality, and probity;

(4) being familiar with laws, regulations, and policies and possessing the professional knowledge and competence to perform duties such as overseeing, investigating, and handling issues;

(5) being physically and mentally fit to perform their duties;

(6) holding a diploma at the undergraduate level or above; and

(7) having other qualifications as provided by law.

Supervisory personnel who do not hold a degree as provided in Subparagraph (6) of this Article at the time this Law takes effect shall receive training and pass appraisal, for which specific methods shall be developed by the National Commission of Supervision.

Article 13 The following persons shall be ineligible to serve as supervisory officers:

(1) those who have been subjected to criminal punishment for committing a crime or, as the crime is minor, have been exempted from prosecution in accordance with the law based on the decision of a people’s procuratorate or have been exempted from criminal punishment by a people’s court in accordance with the law;

(2) those who have been removed from the positions of the Communist Party of China, put on Party probation, or expelled from the Party;

(3) those who have been discharged from public employment;

(4) those who are subjected to joint sanctions for losing credit in accordance with the law;

(5) those whose spouses have emigrated abroad or overseas, or those who have no spouse but whose children have emigrated abroad or overseas; and

(6) those with other circumstances provided for by law.

Article 14 Supervisory officers shall be selected on the basis of both integrity and ability, with priority given to integrity; on the basis of merit regardless of background; and on the basis of dedication, impartiality, and uprightness, with an emphasis on political integrity and work performance.

Article 15 Supervisory officers shall be selected from among those who meet the necessary qualifications by means of examination and assessment.

Article 16 Supervisory officers shall be recruited by means of public examination, with principles of strict inspection, equal competition, and merit-based selection in accordance with the law and relevant regulations of the state.

Article 17 Supervisory commissions may, as needed for supervision work and in accordance with the law and relevant regulations of the state, select qualified personnel engaged in public service in organs of the Communist Party of China, state organs, public institutions, state-owned enterprises, and other organs and institutions to serve as supervisory officers.

Article 18 Supervisory commissions may, as needed for supervision work and in accordance with the law and relevant regulations of the state, select or employ qualified personnel in professions or those engaged in teaching or research related to the functions and responsibilities of supervisory authorities as supervisory officers.

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