① Non-active personnel
(2) There is a formal establishment.
As a basic category of soldiers, it is the same as active duty officers and soldiers.
(3) can be engaged in management work, can also be engaged in professional and technical work.
It's military personnel
Also a national public official!
Civilian personnel are an integral part of military personnel. This requires civilian personnel to be loyal to the motherland, loyal to the Communist Party of China (CPC) and strive to serve the army building. The entry motivation should be correct, with ideological and political awareness in the new era, with the concept of strengthening the army and rejuvenating the country, and with the spirit of being willing to contribute to army building.
Regulations on civilian personnel of the Chinese People's Liberation Army
(Promulgated by Order No.438 of the Central Military Commission of the State Council, People's Republic of China (PRC) on June 23, 2005 and revised by Order No.689 of the Central Military Commission of the State Council, People's Republic of China (PRC) on September 27, 2007).
chapter one
general rule
Article 1 These Regulations are formulated in order to standardize the management of civilian personnel, safeguard their legitimate rights and interests, implement integration of defense and civilian technologies's development strategy in the field of military human resources, build a contingent of high-quality civilian personnel, and promote the revolutionization, modernization and regularization of the military.
These regulations.
Article 2 The term "civilian personnel" as mentioned in these Regulations refers to non-active personnel who are engaged in management and professional and technical work in military posts common to both the military and the people, do not directly participate in combat and are not suitable for enjoying social security, and are part of the military.
In military and social life, civilian personnel enjoy the corresponding rights and perform the corresponding obligations of state employees according to law.
Article 3 The management of civilian personnel shall adhere to the principle that the Party is in charge of cadres and talents, implement the principles of openness, equality, competition and selecting the best, and be carried out in accordance with the statutory authority, conditions, standards and procedures.
Article 4 The army implements classified management of civilian personnel to improve management efficiency and scientific level.
Article 5 The army should establish a civilian personnel management and security system and mechanism with comparative advantages, which is connected with the system of civil servants and staff of public institutions.
Article 6 The Political Work Department of the Central Military Commission (CMC) is responsible for the management of civilian personnel in the whole army, and the Political Work Department of units at or above the regimental level is responsible for the management of civilian personnel in their own units.
Article 7 The state and the army shall protect the legitimate rights and interests of civilian personnel in accordance with the law, and encourage civilian personnel to serve the army building in a long-term and stable manner.
People's governments at all levels and their relevant departments and relevant military organs shall, in accordance with the division of responsibilities, cooperate with each other, do a good job in the education and training of civilian personnel, household registration, social security, human resource management, pensions and preferential treatment, and provide public services for civilian personnel.
Service and convenience.
Article 8 Civil servants who have made outstanding contributions shall be commended and rewarded in accordance with the relevant provisions of the state and the army, and be awarded corresponding honors. Civilian personnel who violate military discipline shall be punished in accordance with the relevant provisions of the army.
chapter two
Basic conditions, obligations and rights
Article 9
Civilian personnel shall meet the following basic conditions:
(1) Having China nationality;
(2) At least 18 years old;
(3) meeting the political conditions for recruiting civilian personnel in the army;
(4) Qualifications that meet the post requirements;
(5) physical and mental health;
(6) Other conditions stipulated by laws and regulations.
Article 10 A civil servant shall perform the following obligations:
(a) loyal to the motherland, loyal to the China * * * production party, and strive to serve the army building;
(2) Abiding by the Constitution, laws, regulations and relevant military rules and regulations;
(3) Obey orders, obey orders, observe discipline and keep secrets;
(four) conscientiously perform their duties and strive to improve the quality and efficiency of work;
(five) unity and cooperation, hard work, abide by professional ethics, exemplary compliance with social ethics;
(six) to learn and master the scientific culture and professional knowledge needed to perform their duties, and improve their professional ability;
(seven) according to the needs, to participate in military training and non-war military operations, to undertake the corresponding combat support tasks, and to serve in active service according to law;
(eight) other obligations stipulated by laws and regulations.
Article 11 Civil servants shall enjoy the following rights:
(a) to obtain political honor, recognition and reward;
(two) to receive wages and enjoy the corresponding welfare benefits, pensions and preferential treatments and social security;
(three) to obtain the working conditions and labor protection that should be possessed to perform their duties;
(4) participate in training;
(5) Not being dismissed, demoted, expelled, terminated or dissolved the employment contract, punished, etc. There is no legal reason or legal procedure;
(six) to apply for resignation or termination of the employment contract, to apply for the handling of personnel disputes, and to lodge complaints and accusations;
(seven) other rights stipulated by laws and regulations.
Chapter III Post Setting
Article 12 The establishment of military civilian posts shall be determined by the Central Military Commission (CMC).
The establishment and adjustment of civilian posts shall be handled in accordance with the prescribed authority.
Article 13
The army establishes a civilian post management system to control the total number, structural proportion and highest level of civilian posts.
Article 14
Civilian posts are divided into two categories: management posts and professional and technical posts.
Management post refers to the work that undertakes leadership responsibilities or management tasks.
Professional and technical posts refer to posts that are engaged in professional technology and skills, and have corresponding professional technology, professional skill level and ability requirements.
Fifteenth civilian post grade setting:
(1) Management posts are divided into nine grades from high to low, namely, ministerial deputy, bureau-level chief, bureau-level deputy, department-level chief, department-level deputy, clerk and clerk;
(2) Professional and technical posts are divided into senior, intermediate and junior posts, from high to low, one to thirteen.
Chapter IV Recruitment and Employment
Article 16 The army implements a system of recruitment and use of civilian personnel, which combines open recruitment for the society, direct introduction and the transfer of active servicemen.
Open recruitment of civil servants for the society is suitable for newly recruiting and hiring civil servants with management positions below the division level and civil servants with professional and technical positions below the intermediate level.
Direct introduction of civilian personnel is suitable for selecting high-level talents and special professionals.
The conversion of active servicemen into civilian personnel is suitable for selecting active servicemen who meet the retirement conditions and intend to retire.
Article 17
The highest age for the first recruitment of civilian staff is:
(a) deputy bureau level or above or professional and technical level 7 or above, under the age of 50;
(2) Having reached the age of 45 if he holds a post at the division level to the division level or a post at the professional level 8 to 10;
(3) 35-year-old who is a deputy at the department level or a post below the eleventh level of professional technology.
Eighteenth open recruitment of civilian personnel for the society, generally in accordance with the plan, release information, qualification examination, unified.
1. Procedures for examination, interview, physical examination, political assessment, achievement announcement, approval and filing. The examination work is organized and implemented by the whole army.
The procedures for directly introducing civilian personnel and active servicemen into civilian personnel shall be implemented with reference to the provisions of the preceding paragraph. Active servicemen who are converted into civilian personnel shall go through the formalities of retirement and resettlement, which shall be handled by the national department in charge of resettlement of ex-servicemen in conjunction with the Central Military Commission.
Relevant departments organize the implementation.
Nineteenth open recruitment and direct introduction of civilian personnel to the society shall be examined and approved by the political work department of the unit above the war zone level; The conversion of active servicemen into civilian personnel shall be examined and approved in accordance with the authority for appointment and removal of civilian personnel as stipulated in Article 30 of these regulations.
Twentieth approved recruitment of civilian personnel, in accordance with the relevant provisions of the military appointment system or employment system.
The employing unit shall sign an employment contract with the civilian personnel who implement the employment system. Measures for the administration of labor contracts shall be formulated by the Central Military Commission (CMC).
Twenty-first civilian recruitment results shall be reported to the Political Work Department of the Central Military Commission (CMC) for the record.
Chapter V Training and Assessment
Article 22 The army shall, according to the needs of civilian personnel to perform their duties, improve their knowledge structure and professional ability, and train civilian personnel at different levels and in different categories.
Twenty-third civilian training is divided into pre-job training, on-the-job training, professional training and task training.
Civilian personnel should receive military vocational education.
Twenty-fourth civilian personnel training into the military personnel training system unified organization and implementation.
The army can use state and social resources to educate and train civilian personnel.
Article 25
The assessment of civil servants should be based on their duties and tasks, and comprehensively assess their morality, ability, diligence, performance and honesty.
Body.
Article 26
The assessment of civilian personnel is divided into usual assessment, annual assessment and employment period assessment. Civilian personnel who have a probation period shall organize probation assessment. Civilian personnel who are promoted to leadership positions shall organize pre-job assessment.
Article 27 The assessment of civil servants shall be organized and implemented by the employing unit or its superior unit, and generally carried out in accordance with the procedures of personal debriefing, democratic assessment, individual conversation, expert assessment, performance analysis and comprehensive evaluation.
Twenty-eighth civil servants' annual assessment and pre-job assessment results are divided into four grades: excellent, competent, basically competent and incompetent. The results of probation assessment and employment assessment are divided into two grades: qualified and unqualified.
Twenty-ninth training and assessment of civilian personnel shall be subject to registration management.
Training and assessment results, as the main basis for the appointment and dismissal of civil servants, post grade modulation, salary determination, implementation of rewards and punishments, re-employment competition and dismissal.
Chapter VI Appointment and Removal of Posts
Thirtieth civil servants' post adjustment, resignation, retirement and other circumstances need to be appointed or removed, in accordance with the procedures prescribed by the army.
Authority for appointment and removal of civilian posts:
(a) ministerial deputy, professional and technical level 1 to professional and technical level 3 positions, approved by the Central Military Commission;
(two) bureau level to department level posts, professional level 4 to professional level 7 posts, approved by the theater level units;
(3) Positions at the deputy division level, from level 8 of professional technology to level 10 of professional technology shall be approved by units at the corps level;
(four) posts below the deputy division level and below the professional and technical level 11 shall be examined and approved by the division and brigade units.
Article 31
The appointment of civilian personnel shall be carried out within the prescribed post establishment standards, and there shall be corresponding job vacancies.
Article 32
If a civil servant adjusts his post, resigns, dismisses, terminates and terminates the employment contract, retires or is dismissed, his original post shall be exempted by himself.
Thirty-third because of the need of work, civilian personnel can communicate and use within the employer; If the work is particularly necessary, it can be used in the professional field across employers.
Chapter VII Post Grade Modulation
Article 34 A civil servant who is promoted to a post level shall reach the minimum service life and have the corresponding post qualifications, and within the specified minimum service life, the annual assessment results are all above the level of competence.
If the annual assessment results of civil servants are below the basic competence, they shall not be promoted to the post level within 1 year.
Thirty-fifth civilian personnel to be promoted to the post level, the minimum number of years in the current post level is:
(1) The management positions at bureau level and deputy bureau level are 5 years respectively, 4 years from the director level to the director level and 3 years below the deputy director level;
(two) senior, intermediate and junior professional and technical posts, respectively, for 4 years, 4 years and 3 years.
Article 36 Civil servants should generally be promoted step by step. Those who perform particularly well can be promoted in advance, and those who perform particularly well and have special work needs can be promoted over the top.
The reduction of the post level of civilian personnel shall be implemented in accordance with the relevant provisions of the army.
Article 37 The grade adjustment of civilian posts shall be examined and approved in accordance with the authority for appointment and removal of civilian posts as stipulated in Article 30 of these Regulations.
Chapter VIII Education and Management
Article 38 The employing unit shall, in accordance with the relevant provisions of the army and the requirements of the duties of civilian personnel, do a good job in the education and management of civilian personnel, and maintain good combat readiness, training, work and life order.
Article 39 The employing unit shall incorporate the ideological and political education of civilian personnel and the management of the Party and League organizations into the political work plan and organize its implementation, so as to improve the ideological and political quality of civilian personnel.
The employing unit shall strengthen the safety management and confidentiality education of civilian personnel, and manage the classified civilian personnel in accordance with the provisions of the state and the army on the management of classified personnel.
Civilian personnel shall abide by the relevant provisions of the military when they participate in social organizations and other organizations and their activities, and when they interact with people outside the military.
The army has established an oath system for civilian personnel.
Article 40 The army may, when necessary, send civilian personnel abroad to perform tasks.
Civilian personnel leaving the country for private purposes shall be carried out in accordance with the relevant regulations of the state and the army.
Article 41 The withdrawal system shall be implemented in the recruitment, assessment, appointment and removal, job grade modulation, rewards and punishments, and personnel dispute handling of civil servants.
Forty-second civilian personnel should wear civilian clothes in accordance with the relevant provisions of the army.
The standards for civil clothing and its logo clothing are approved by the Central Military Commission (CMC).
Article 43 The professional and technical qualifications and professional qualifications of civilian personnel shall be assessed in accordance with the relevant provisions of the state and the army.
After civilian personnel leave the army, their professional and technical qualifications and professional qualifications obtained during their work in the army are still valid.
Article 44 Personnel disputes between civilian personnel and employing units shall be handled in accordance with the relevant provisions of the state and the army.
If a civil servant refuses to accept the assessment results and punishment decisions involving him, he may apply for a review and lodge a complaint.
If a civilian believes that the employing unit and relevant personnel have infringed upon their legitimate rights and interests, they may lodge a complaint according to law.
Article 45
The personnel files of civilian personnel shall be managed by the relevant military departments in accordance with regulations.
Article 46
The military employing units shall register their organizations in accordance with the relevant provisions of the state.
Chapter IX Treatment and Protection
Article 47
The army has established a unified salary system for civilian personnel. The salary of civil servants includes basic salary, allowance and subsidy.
Forty-eighth civil housing socialization and monetization policies, housing provident fund, housing subsidies and rent subsidies shall be implemented with reference to the standards stipulated in the policy of active military officers. To meet the prescribed conditions, the army can issue additional housing subsidies.
Civilian personnel can rent the dormitory of the employer, and those who meet the prescribed conditions can rent apartments.
Forty-ninth civilian personnel to visit relatives for vacation, transportation subsidies, physical examination and children's nursery. , in accordance with the relevant provisions of the army.
Article 50 Employers and their civil servants shall participate in basic medical insurance, unemployment insurance and maternity insurance for local employees and pay insurance premiums in accordance with state regulations. Measures for participating in endowment insurance and industrial injury insurance shall be formulated separately.
According to the relevant regulations of the state, the army establishes supplementary insurance for civilian personnel.
Article 51 The army shall provide medical assistance to civilian personnel. During military training, non-war military operations and combat support missions, medical care for civilian personnel should be provided to the army free of charge.
Article 52 Compensation for civilian casualties shall be implemented in accordance with the relevant regulations of state functionaries. Measures for preferential treatment of civilian personnel shall be formulated separately.
Pensions and preferential treatments for civilian personnel who participate in military training, non-war military operations and combat support tasks shall be handled with reference to the relevant provisions of the Regulations on Pensions and Preferential Treatment for Soldiers.
Chapter 10 Personnel Exit
Article 53 Civilian personnel who meet the retirement conditions stipulated by the state and the army shall retire. The retirement age may be appropriately extended if the work is particularly necessary, but it shall not exceed the prescribed age of 5 years.
After retirement, civil servants enjoy the corresponding treatment stipulated by the state and the army.
Article 54 Where an appointed civilian resigns or is dismissed by the employing unit, it shall be handled in accordance with the relevant regulations of the army.
If the employment contract is dissolved or terminated by a civilian who implements the employment system, or if the employer dissolves or terminates the employment contract, it shall be handled in accordance with the relevant provisions of the military.
Article 55 An employing unit may dismiss a civilian employee according to law or unilaterally terminate the labor contract.
Under any of the following circumstances, the employing unit shall not dismiss the civilian staff or unilaterally terminate the employment contract:
Suffering from occupational diseases;
(two) injured in the line of duty, after the end of treatment, the labor ability appraisal institution identified as a first-class to fourth-class disability;
(3) Being sick or injured within the prescribed medical treatment period;
(four) female civil servants during pregnancy, childbirth and lactation;
(5) Other circumstances stipulated by laws and regulations.
Article 56 A civil servant may resign according to law or unilaterally terminate the employment contract.
Under any of the following circumstances, a civilian may not resign or unilaterally terminate the employment contract:
(1) When the State issues a mobilization order or declares a state of war;
(2) When the troops receive a combat mission or are suddenly attacked by the enemy;
(3) During the period of participating in military training, non-war military operations or undertaking combat support and guarantee tasks;
(four) is undertaking a major task of the state and the army, and I must continue to undertake;
(5) Being under audit or disciplinary review, or being suspected of committing a crime, and the judicial proceedings have not yet ended;
(6) Other circumstances stipulated by laws and regulations or agreed in the employment contract.
Article 57 The personnel relationship between a civilian and the employing unit shall be terminated as of the day when he leaves the army. The employing unit shall, in accordance with the relevant provisions of the state and the army, handle the transfer of civil personnel files, social insurance, housing provident fund and other relations in a timely manner.
Relevant local procedures.
Where compensation occurs to civilian personnel, the employing unit shall give economic compensation in accordance with the provisions of the state and the army.
Fifty-eighth civilian personnel to quit the army, in accordance with the provisions of Article 30 of this Ordinance, the appointment and removal of civilian personnel authority for examination and approval, and reported to the political work department of the Central Military Commission (CMC) for the record.
Chapter II XI Supplementary Provisions
Article 59 These Regulations shall apply to civilian personnel of the Chinese People's Armed Police Force.
Article 60 Special measures can be taken for high-level talents and special professionals urgently needed in army building in terms of post setting, recruitment, training and assessment, post appointment and removal, post level modulation, and treatment guarantee for civilian personnel.
The law is stipulated by the Central Military Commission (CMC).
Article 61
During the period of military restructuring and reform, the specific measures for converting active servicemen into civilian personnel shall be formulated separately.
Article 62
These Regulations shall come into force as of the date of promulgation.