CHINA-INTERNAL: NEW REGULATIONS ON JUDICIARY

The CCP CC's Organization Department, China's Ministry of Human Resources and Social Security, State Administration for Industry and Commerce and the State Administration of Civil Service jointly issued a notification on "Opinions on Regulating the Professional Conduct of Civil Servants After Leaving Public Office". Effective from April 28, 2017, the instructions are applicable to all provincial, autonomous region, or directly governed municipality Party organization departments, government human resources and social security offices (bureaus), Bureaus for the administration of industry and commerce (market supervision and management departments) and Civil Service Bureaus; and the departments for cadres and personnel for ministries and commissions of the Central Party Committee, State, and each people's organizations; and the Party organization department, human resources and social security bureau, and civil service bureau of the the Xinjiang Production and Construction Corps. They were directed to implement the regulations which provide that civil servants who served at the county department level or higher, must not accept employment within 3 years of leaving public office in the jurisdictional region or operational scope they served in, from enterprises, intermediary bodies, or other for-profit organizations, and they must not individually engage in for-profit activities directly related to the operations of their former post. The regulations authorised the former work units to decide whether employment activity of civil servants after leaving public service is in violation of the regulations and instructed that civil servants' units, or the organizational (personnel) departments at the level above, are to speak with the civil servant before approving their departure from public office, to understand their employment plans, remind them to strictly obey restrictions on employment, and to inform them of the legal responsibility that must be borne for forbidden employment. Where it is found that former civil servants have not complied with the regulations and violated professional conduct, the competent department for civil service and their former unit were instructed to order that they conclude their employment relationship with the receiving unit, or terminate the forbidden for-profit activities, within a fixed period of time. Based on the severity of the circumstances, the receiving unit and the sanctioned personnel are to be fined between 1 and 5 times the amount of earnings from the forbidden employment. Where persons engaging in forbidden employment are Party members, sanctions are to be given in accordance with relevant party rules and discipline. Where a crime is involved, it is to be transferred to the judicial organs for handling in accordance with law.





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