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2007 Assessment

China: Integrity Indicators Scorecard

China: Integrity Scorecard Report > Sub-Category: Civil Service Regulations
Indicators		Score
41	Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?	50
42	Is the law governing the administration and civil service effective?	42
43	Are there regulations addressing conflicts of interest for civil servants?	63
44	Can citizens access the asset disclosure records of senior civil servants?	0

Indicator and sub-Indicator Details

Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?

41a: In law, there are regulations requiring an impartial, independent and fairly managed civil service.

Score:

YES

Comments:

References: No such laws exist.

41b: In law, there are regulations to prevent nepotism, cronyism, and patronage within the civil service.

Score:

YES

Comments:

References: Chapters 7, 12, of Rules of Civil Servants, Chapter 8 of the Criminal Law of People's Republic of China

41c: In law, there is an independent redress mechanism for the civil service.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there is a mechanism to which civil servants and applicants for the civil service can take grievances regarding civil service management actions. Civil servants are able to appeal the mechanism\'s decisions to the judiciary. NO: A NO score is earned if no such mechanism exists.$

Comments: A No score is given based on the following considerations:1): civil servants can only appeal the mechanism's decisions, but cannot appeal to the judiciary; 2): the current redress mechanism is not an independent mechanism. Civil servants must appeal to higher-level governments for arbitration.

References: No such redress mechanism exists.

Peer Review Comments: According to the Law of the People's Republic of China on Administrative Supervision, supervisory organs are established at or above the county level. The supervisory organ under the State Council is in charge of supervision throughout China and local supervisory organs at or above the county level exercise supervision over local governments and civil servants. Civil servants can appeal to the supervisory organ at the same level or to a higher-level supervisory organ.

Suggested reference: Law of the People's Republic of China on Administrative Supervision [ LINK ]

41d: In law, civil servants convicted of corruption are prohibited from future government employment.

Score:

YES

Comments:

References: Article 24 of Civil Servants Law of People's Republic of China

Is the law governing the administration and civil service effective?

42a: In practice, civil servants are protected from political interference.

Score:

100

Comments:

References: 1): "Chongqing Pengshui Poet Case", Southern City News, Oct. 19, 2006

2): Pan Wei, " Party Controls Officials: A Model Needs Reforming", Phenix Weekly, No 157, 2004

3): Lian Yanhui, "Analysis on Party Controlling Officials", Officials' Forum, No 7, 2005

Peer Review Comments: I don't think there's much, if any, protection from political interference here.

42b: In practice, civil servants are appointed and evaluated according to professional criteria.

Score:

100

Comments:

References: 1): "Chongqing Pengshui Poet Case", Southern City News, Oct. 19, 2006

2): Pan Wei, " Party Controls Officials: A Model Needs Reforming", Phenix Weekly, No 157, 2004

3): Lian Yanhui, "Analysis on Party Controlling Officials", Officials' Forum, No 7, 2005

4): Interview with Prof. Yu Dazhang, Chinese Academy of Social Sciences, July 19, 2007, at the office

42c: In practice, civil service management actions (e.g. hiring, firing, promotions) are not based on nepotism, cronyism, or patronage.

Score:

100

Comments:

References: 1): "Chongqing Pengshui Poet Case", Southern City News, Oct. 19, 2006

2): Pan Wei, " Party Controls Officials: A Model Needs Reforming", Phenix Weekly, No 157, 2004

3): Lian Yanhui, "Analysis on Party Controlling Officials", Officials' Forum, No 7, 2005

4): Interview with Prof. Yu Dazhang, Chinese Academy of Social Sciences, July 19, 2007, at the office

5): Lang Jia "An Analysis on Factors Conducive to Unhealthy Relationship among Officials", Beijing Daily (Theoretical version) Sept. 14, 2006

42d: In practice, civil servants have clear job descriptions.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servants almost always have formal job descriptions establishing levels of seniority, assigned functions, and compensation. Job descriptions are a reliable means to map positions to both human capital requirements (including the position\'s authority and responsibilities) and base pay. 50 Score Criteria: Civil servants often have formal job descriptions, but exceptions exist. Some civil servants may not be part of the formal assignment of duties and compensations. Some job descriptions may not map clearly to pay or responsibilities in some cases. 0 Score Criteria: Civil servants do not have formal roles or job descriptions. If they do, such job descriptions have little or nothing to do with the position\'s responsibilities, authority, or pay.$

Comments: Civil servants generally have job descriptions for different roles. However, many agencies are over-staffed, thus job descriptions are more requirements for the divisions than for individual civil servants.

References: 1): Interview Ms. Zeng Min, civil servant at CAAC, July 19, at the office

2): Beijing Statistic Bureau's job description.

42e: In practice, civil servant bonuses constitute only a small faction of total pay.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servant bonuses constitute no more than 10% of total pay and do not represent a major element of take-home pay. 50 Score Criteria: Civil servant bonuses are generally a small percentage of total take-home pay for most civil servants though exceptions exist where some civil servants\' bonuses represent a significant part of total pay. 0 Score Criteria: Most civil servants receive bonuses that represent a significant amount of total take-home pay. In some cases bonuses represent the majority of total pay to civil servants.$

Comments:

References: 1): Yue Gongzheng, Su Hainan, 2007, "Shadow Incomes of Officials Propose A Big Threat to Welfare Reform", People's Forum, July 4, 2007 [ LINK ]

2): "Hundreds of PHDs Compete for One Position", Beijing Evening News, Oct. 16, 2003 [ LINK ]

3): Wang Lixin "An Analysis of Civil Servants' Income", China Digest, 2006 [ LINK ]

42f: In practice, the government publishes the number of authorized civil service positions along with the number of positions actually filled.

Score:

100

Comments: China in recent years formed a unified examination system for recruiting public servants. All job vacancies are listed and approved by higher-level government, and all prospective civil servants must pass examinations. Only candidates ranked very high have the opportunity to go through the interview process. Generally, corruption can only happen in the interview process.

References: 1): "The Basic Procedure for Hiring Public Servants" Tengxun Education May 25, 2005 [ LINK ]

2): Ministry of Foreign Affairs "Job Opennings", 2007 [ LINK ]

42g: In practice, the independent redress mechanism for the civil service is effective.

Score:

100

Comments: The redress mechanism is not independent.

References: 1): Feng Xingwu and Zhou Zhongsheng "On the Redress Mechanism of Civil Servants" Fa Xin Wang, August 2006 [ LINK ]

2): Wang Cunfu "Thoughts on the Legalization of Appealing Judgements Against Civil Servants" The Journal of Chengdu Academy of Public Administration No 1, 2001 [ LINK ]

42h: In practice, in the past year, the government has paid civil servants on time.

Score:

100

Comments: In rural areas, it is not unusual that the payment of civil servants is delayed. However, in comparison to the payment delay of civil servants, the payment delay to teachers, especially primary school teachers, should be addressed, given its frequency and impact.

References: 1): " An Investigation of Civil Servants' Payment Delay: Average Eight Months" Xiaokang Magazine, Dec. 7, 2006 [ LINK ]

2): "Examining the Phenomenon of Payment Delay" Employment Times, May 28, 2007

42i: In practice, civil servants convicted of corruption are prohibited from future government employment.

Score:

100

Comments:

References: 1): Li Fang "Can Citizens with Criminal Record Turn to be Civil Servants?--Analysis and Suggestions to the Article 6 of the Law to Civil Servants" J ournal of Guangxi Administrative Cadre Institute of Politics and Law No 3, 2006 [ LINK ]

2): Zhang Guifeng "An Analysis of Restriction of Employment of Four Types of People" Yanzhao City News March 20, 2006 [ LINK ]

Are there regulations addressing conflicts of interest for civil servants?

43a: In law, there are requirements for civil servants to recuse themselves from policy decisions where their personal interests may be affected.

Score:

YES

Comments:

References: Chapter 11 of Civil Servants Law of People's Republic of China

43b: In law, there are restrictions for civil servants entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting civil servants\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments:

References: Article 102 of Civil Servants Law of People's Republic of China

43c: In law, there are regulations governing gifts and hospitality offered to civil servants.

Score:

YES

Comments:

References: 1. Criminal Law of the People's Republic of China [ LINK ] 2. Civil Servant Law of the Peoples Republic of China [ LINK ] 3. Regulation on the Punishment of Civil Servants of Administrative organs [ LINK ] 4. Regulations on the Punishment of Leaders at Various Levels Giving and Receiving Cash, Negotiable Securities, and Payment Instruments [ LINK ]

Peer Review Comments: There are such laws and regulations governing gifts and hospitality offered to civil servants as Criminal Law of the People's Republic of China, Civil Servant Law of the People's Republic of China, Regulation on the Punishment of Civil Servants of Administrative organs, and Regulations on the Punishment of Leaders at Various Levels Giving and Receiving Cash, Negotiable Securities, and Payment Instruments.

Suggested other references: 1. Criminal Law of the People's Republic of China [ LINK ] 2. Civil Servant Law of the People's Republic of China [ LINK ] 3. Regulation on the Punishment of Civil Servants of Administrative organs [ LINK ] 4. Regulations on the Punishment of Leaders at Various Levels Giving and Receiving Cash, Negotiable Securities, and Payment Instruments [ LINK ]

43d: In practice, the regulations restricting post-government private sector employment for civil servants are effective.

Score:

100

Comments: It is not so unusual for officials to enter business. In some areas, there are even preferential policies to encourage officials to enter business (see sources No 2). It is a common practice that officials find some agents, such as relatives, children, etc. to take ownership of some shares of some firms.

References: 1): Chang Hong, "New Red-Hat Entreprenures", 2003 [ LINK ]

2): "An Overview on Encouraging Officials to Enter Private Sectors", China Youth Daily, Aug. 17, 2004

3): "An Analysis on Officials Entering Business", Dangjian Neican, July 2003

43e: In practice, the regulations governing gifts and hospitality offered to civil servants are effective.

Score:

100

Comments:

References: 1): Yi Ming, "How Much Grey Income Officials Have", Finance and Economics Times, June 21, 2006, [ LINK ]

2): Shen Yongquan, "Be Cautious about Officials Receiving Gifts under the Name of Collection", People's Political Scene, June 2005 [ LINK ]

43f: In practice, the requirements for civil service recusal from policy decisions affecting personal interests are effective.

Score:

100

Comments:

References: 1): Zhang Guoqing "Five Suggestions to Curb Corruption" Zhongguo Lianzheng Wenhua Wang, August 14, 2006 [ LINK ]

2): "Interest Groups Affect Legislation" a special report by Sohu News [ LINK ]

Can citizens access the asset disclosure records of senior civil servants?

44a: In law, citizens can access the asset disclosure records of senior civil servants.

Score:

YES

Comments:

References: No such laws exist.

44b: In practice, citizens can access the asset disclosure records of senior civil servants within a reasonable time period.

Score:

100

Comments:

References: 1): "When to Initiate Assets Disclosure?" China Youth Daily, Nov. 2, 2006

2): Cai Xuebin and Luo Xiaoguang "On Perfection of China's Property Declaration System" Journal of Guangxi Economic Management Cadre College, issue 4, 2005

44c: In practice, citizens can access the asset disclosure records of senior civil servants at a reasonable cost.

Score:

100

Comments:

References: 1): "When to Initiate Assets Disclosure?" China Youth Daily, Nov. 2, 2006

2): Cai Xuebin and Luo Xiaoguang "On Perfection of China's Property Declaration System" Journal of Guangxi Economic Management Cadre College, issue 4, 2005