Supervisory Officers Law of the People's Republic of China

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.

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.

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.

Article 19

The Chairperson of the National Commission of Supervision shall be elected and removed by the National People's Congress, and the vice chairpersons and other members shall be appointed or removed by the Standing Committee of the National People's Congress at the proposal of the Chairperson of the National Commission of Supervision.

Chairpersons of a local supervisory commission at any level shall be elected and removed by the people's congress at the corresponding level, and vice chairpersons and other members shall be appointed or removed by the standing committee of the people's congress at the corresponding level at the proposal of the chairperson of the local supervisory commission.

Chairpersons, vice chairpersons, and other members of all levels of supervisory commissions of the Xinjiang Production and Construction Corps shall be appointed and removed by the Standing Committee of the Xinjiang Uyghur Autonomous Region People's Congress at the proposal of the chairperson of the Xinjiang Uyghur Autonomous Region Supervisory Commission.

Other supervisory officers shall be appointed and removed in accordance with the related administrative authority and the prescribed procedures.

Article 20

Supervisory officers shall make a public pledge of allegiance to the Constitution when taking office in accordance with the law.

Article 21

Supervisory officers shall be removed from their supervisory positions under any of the following circumstances:

(1) where they have lost the nationality of the People's Republic of China;

(2) where their positions have changed, making it unnecessary for them to retain positions of supervisory officers;

(3) where they retire;

(4) where they resign or shall be discharged in accordance with the law;

(5) where they have been transferred to other posts or expelled due to violations of discipline or laws; and

(6) other circumstances as provided by law.

Article 22

Supervisory officers shall not serve on standing committees of people's congresses; work for administrative, adjudicatory, or procuratorial organs, for enterprises or other for-profit organizations or for public institutions; or serve as people's assessors, people's supervisors, practicing lawyers, arbitrators, or notaries.

For supervisory officers to hold another or more posts concurrently as their duties require, they shall obtain approval in accordance with the administrative authority, and shall not receive payments from those posts.

Article 23

Where a supervisory officer serves as the chairperson of a supervisory commission of a county or a city divided into districts, locality-based recusal shall be implemented in accordance with relevant regulations.

Article 24

Supervisory officers who are a married couple, lineal relatives, collateral relatives within three generations, or who have a close in-law relationship shall not assume the following posts at the same time:

(1) chairperson, vice chairpersons, and members in the same supervisory commission, or the abovementioned posts and other supervisory officers in the said commission;

(2) supervisory officers in the same department of a supervisory commission organ;

(3) supervisory officers at the same stationed body, dispatched body or other supervisory authorities; and

(4) chairpersons, vice chairpersons, or members of two supervisory commissions of adjacent levels.

Article 25

Supervisory officers shall be divided into 13 grades, which are chief supervisor, Grade I–II deputy chief supervisors, Grade I–IV senior supervisory officers, and Grade I–VI supervisory officers.

Article 26

The Chairperson of the National Commission of Supervision is graded as the chief supervisor.

Article 27

Supervisory officers' grades shall be determined based on their positions, ranks, integrity, ability, professional competence, work performance, seniority, etc.

Supervisory officers may have seniority-based promotions and merit-based promotions, and those who are outstanding or have made special contributions may be promoted to a grade before reaching the corresponding seniority requirement.

Article 28

The establishment and determination of the grades of supervisory officers, as well as the measures for the promotion of supervisory officers shall be prescribed separately by the state.

Article 29

New supervisory officers shall be given pre-service training.

Article 30

Political, theoretical, and professional training for supervisory officers shall be carried out in a planned way.

Training shall highlight the supervisory authorities' nature as political authorities, combining theories with practice, giving lectures in light of the needs and emphasizing practical results, with the aim to improve professional competence of supervisory officers.

Supervisory officers' training shall be a basis for their appraisal, future appointment and promotion.

Article 31

Supervisory officer training institutions shall undertake the task of training supervisory officers in accordance with relevant regulations.

Article 32

The state shall strengthen supervisory disciplines and encourage regular higher education institutions which are qualified to establish supervisory majors or offer supervisory courses, to cultivate competent talents with both integrity and ability and to improve supervisory officers' professional competence.

Article 33

Supervisory officers shall be transferred to posts in accordance with the law and relevant regulations of the state.

Article 34

When applying for resignation, a supervisory officer shall present an application in written form. After the application is approved in accordance with the administrative authority, the supervisory officer shall be removed from his post in accordance with the prescribed procedures.

Article 35

Where supervisory officers shall be dismissed in accordance with the law, they shall be removed from their posts in accordance with the prescribed procedures.

The dismissal of a supervisory officer shall be decided in accordance with the administrative authority, and the decision shall be delivered in writing to the supervisory officer in question while specifying the reasons and grounds for the dismissal.

Article 36

The appraisal of supervisory officers shall be carried out comprehensively, objectively and impartially, and in forms of routine evaluations, special evaluations, and annual evaluations.

Article 37

The appraisal of supervisory officers shall be carried out in accordance with the administrative authority based on their integrity, professional competence, dedication, performance, and probity, with an emphasis on their political integrity, practical work performance, honesty, and self-discipline.

Article 38

Annual appraisal results shall be divided into four grades: excellent, good, fair, and poor.

A supervisory officer's appraisal result shall be the basis for adjusting his grade or salary or for awarding, punishing, removing, demoting, or dismissing him.

Article 39

A supervisory officer's annual appraisal result shall be delivered to him in writing. The supervisory officer who disagrees with the results may apply for a review.

Article 40

The supervisory officers or groups of supervisory officers who have made significant achievements and contributions in their work, or performed other outstanding deeds shall be awarded.

Article 41

The supervisory officers who have any of the following achievements to their credit shall be awarded:

(1) having made notable achievements in performing oversight duties;

(2) having made notable achievements and contributions in investigating and handling job-related illegalities and crimes;

(3) having made proposals for supervision that greatly promoted efforts in preventing and eliminating major risks and potential dangers;

(4) having made outstanding achievements in terms of supervision theory or practical experience which play a role in guiding supervision work; and

(5) having performed other meritorious deeds.

Awards shall be granted to supervisory officers in accordance with relevant regulations.

Article 42

Supervisory organs shall standardize their workflow, develop better internal oversight and restriction mechanisms, and enhance oversight over supervisory officers' performance of duties and compliance with the law.

Article 43

Any entity or individual has the right to make reports or charges regarding supervisory officers' violations of discipline or law. Organs accepting reports or charges shall investigate and handle them in a timely manner and notify the reporting or charging party of the results.

No one shall retaliate against entities and individuals making reports or charges in accordance with the law.

Article 44

Supervisory organs shall, in a timely manner, investigate and deal with leads involving supervisory officers violating discipline or laws during performance of their duties that are referred to them by adjudicatory, procuratorial, or law enforcement organs.

Article 45

Supervisory commissions shall, as required by their work, employ special supervisory officers and other supervisory personnel from all sectors in accordance with regulations to oversee supervisory officers' performance of duties and to put forward suggestions and comments on strengthening and improving supervision work.

Article 46

Supervisory officers shall not illegally inquire about, look into, intercede in, or interfere with cases. Supervisory officers handling the cases shall report the abovementioned circumstances to their superiors in a timely manner. Relevant circumstances shall be kept on record.

Supervisory officers handling cases shall not contact or interact with persons under investigation, persons involved in cases, or other related persons without permission. Supervisory officers aware of the abovementioned circumstances shall report them to their superiors in a timely manner. Relevant circumstances shall be kept on record.

Article 47

Supervisory officers handling cases shall voluntarily recuse themselves under any of the following circumstances; those under supervision, the reporting or charging parties, or other relevant persons shall also have the right to request their recusal; where supervisory officers do not proactively apply to recuse themselves, supervisory authorities shall make a decision on their recusal in accordance with the law:

(1) they are close relatives of those under supervision or the reporting or charging parties;

(2) they have served as witnesses in the case in question;

(3) they, or their close relatives, have a stake in the matter under supervision; and,

(4) other circumstances that may impact the impartial handling of the matter under supervision.

Article 48

Supervisory officers shall strictly follow confidentiality requirements to restrict the scope and time of the access to knowledge about matters under supervision and shall not keep, conceal, access, excerpt, copy, or carry leads and materials of cases without authorization, and shall be strictly prohibited from divulging supervision work secrets.

After leaving their posts or quitting their jobs, supervisory officers shall abide by management provisions on confidentiality for a specific period of time, strictly fulfill the obligation of confidentiality, and shall not divulge the relevant secrets.

Article 49

A supervisory officer shall not engage in professions related to supervisory or judicial work that may trigger conflicts of interest within three years of leaving his post.

A supervisory officer shall not serve as an agent ad litem or a defender in cases handled by his former supervisory organ after leaving his post, except for serving as the agent in a lawsuit or defending a case as the guardian or close relative of the party concerned.

After being expelled, a supervisory officer shall not serve as an agent ad litem or defender, except for serving as the agent in a lawsuit or defending a case as the guardian or close relative of the party concerned.

Article 50

Supervisory officers shall comply with relevant regulations on officials' spouses, children, and children's spouses operating businesses. Where supervisory officers violate the regulations, they shall be dealt with.

Article 51

The spouse, parents, children and children's spouses of a supervisory officer shall not serve as a lawyer in the role of an agent ad litem or defense in cases handled by the supervisory organ in which the supervisory officer works, or provide other paid legal services.

Article 52

A supervisory officer who has committed any of the following acts shall be dealt with in accordance with the law. Where the case constitutes a crime, the supervisory officer shall be investigated for criminal liability in accordance with the law:

(1) having been involved in graft and bribery;

(2) having failed to perform or having incorrectly performed oversight duties, having failed to discover issues that should be discovered or having not reported or addressed issues discovered, resulting in negative impact;

(3) having handled leads without permission or authorization, having concealed case information, or having kept or disposed case materials without authorization;

(4) having interfered in investigations or sought personal gains from cases by using his power or position influence;

(5) having stolen or divulged investigation information or divulged information about reported matters, the processing status of reports, or the reporting parties' information;

(6) having concealed, fabricated, altered, or intentionally destroyed evidence or case materials;

(7) having extorted or induced confessions from persons under investigation or involved in cases, or having insulted, beaten, abused, maltreated, or directly or indirectly inflicted corporal punishment on them;

(8) having taken investigation measures or disposed property involved in violation of regulations;

(9) having caused a safety accident in handling a case in violation of regulations, or having concealed or failed to report, report truthfully or deal with a safety accident properly after it occurs; and

(10) having committed criminal acts or other illegal acts in his job.

Where a supervisory officer has had other violations of discipline or laws, which affect the image of supervisory officers and damage the interests of the state and the people, he shall be held to account in accordance with the law.

Article 53

A supervisory officer who is suspected of violating discipline or laws, and has been placed on file for inspection or investigation, is not fit to continue to work, and shall be suspended from work in accordance with the administrative authority and prescribed procedures.

Article 54

Supervisory officers shall be subject to an accountability system and those who have caused serious consequences by abusing their power or neglecting their duties shall be investigated or held accountable for life.

Where a supervisory officer is suspected of job-related illegalities or crimes, or has made a serious mistake in the handling of a case, the responsible leading persons and directly liable persons shall be held to account.

Article 55

A supervisory officer shall not be transferred from his post, except in the following circumstances:

(1) where the supervisory officer shall avoid posts in accordance with regulations;

(2) where the supervisory officer shall be transferred to a post in accordance with regulations;

(3) where the supervisory officer's work needs to be adjusted due to changes in organization or staffing;

(4) where the supervisory officer is unfit for supervision work due to violation of discipline or laws; and

(5) other circumstances provided by law.

Article 56

Any entity or individual shall not require supervisory officers to engage in any matter beyond the scope of their statutory functions and duties hereof.

Supervisory officers shall be entitled to refuse and fully and truthfully record and report any act that interferes with their performance of duties; in case of any violation of discipline or laws, relevant organs shall, in light of the seriousness of the case, investigate the accountability of the concerned persons.

Article 57

The professional dignity and personal safety of supervisory officers shall be protected by law.

No entities or individuals may retaliate against supervisory officers or their close relatives.

Criminal acts or other illegal acts against supervisory officers and their close relatives, including acts of retaliation, false charges, insults and defamation, violence, threats and intimidation, provocation, and harassment, shall be severely punished in accordance with the law.

Article 58

Where the reputation of a supervisory officer is damaged due to false reports, false accusation, defamation or slander for performing his duties in accordance with the law, the supervisor organs shall, in conjunction with relevant departments and in a timely manner, clarify facts, eliminate the negative impact, and investigate the accountability of relevant entities or individuals in accordance with the law.

Article 59

Where the personal safety of a supervisory officer or his close relatives is at risk due to performance of his duties in accordance with the law, the people's supervisory organs and public security organs shall take necessary measures such as to protect the personal safety of the supervisory officer and his close relatives, and to prohibit certain persons from approaching them.

Article 60

Supervisory officers shall receive salaries under the system provided by the state and be entitled to graded allowances of supervisory officers and other subsidies, allowances, bonuses, insurance benefits, and other forms of benefits. Supervisory officers' salaries and graded allowances shall be separately worked out by the state.

Article 61

A supervisory officer disabled in the line of duty shall enjoy the benefits provided by the state for the disabled. Where a supervisory officer died in the line of duty or due to medical conditions, his relatives shall enjoy the consolation compensation and preferential treatment from the state.

Article 62

Retired supervisory officers shall be entitled to the pension and other benefits provided by the state.

Article 63

Where a state organ or any of its functionaries commits an act of infringing upon the rights of a supervisory officer, the supervisory officer has the right to make a charge.

The organs that accept the charge shall investigate and handle it in accordance with the law and inform the charging party of the result in a timely manner.

Article 64

Where supervisory officers are dissatisfied with administrative actions, sanctions, or decisions concerning personnel affairs meted out to them, they may apply for reexaminations or reviews, or file complaints in accordance with the prescribed procedures.

Article 65

Where administrative actions, sanctions, and decisions concerning personnel affairs meted out to a supervisory officer are wrong, they shall be corrected without delay. Where they have damaged the reputation of a supervisory officer, he shall be rehabilitated, the ill effects shall be eliminated and an apology shall be made; where they have caused financial losses to the supervisory officer, compensations shall be made. The persons who are directly liable for retaliation shall be investigated for accountability in accordance with the law.

Article 66

Where this Law already has provisions regarding the rights, obligations, and administration systems for supervisory officers, the provisions of this Law shall apply; for issues not provided in this Law, the relevant provisions of the Law of the People's Republic of China on Civil Servants and other laws and regulations shall apply.

Article 67

The supervisory system for the Chinese People's Liberation Army and the Chinese People's Armed Police Force shall be implemented in accordance with the relevant regulations of the state and the military.

Article 68

This Law shall go into effect as of January 1, 2022.