Regulations on the Appointment and Removal of the Personnel of State Organs by the Standing Committee of Shanghai Municipal People's Congress

(June 22, 2022)

No.117

(Adopted at the 17th Session of the Standing Committee of the 9th Shanghai Municipal People's Congress on April 8, 1990; amended for the first time in accordance with the Decision on the Amendment of the Regulations on the Appointment and Removal of the Personnel of State Organs by the Standing Committee of Shanghai Municipal People's Congress adopted at the 18th Session of the Standing Committee of the 11th Shanghai Municipal People's Congress on May 24, 2000; amended for the second time in accordance with the Decision on the Amendment of the Regulations on the Appointment and Removal of the Personnel of State Organs by the Standing Committee of Shanghai Municipal People's Congress adopted at the 35th Session of the Standing Committee of the 12th Shanghai Municipal People's Congress on April 26, 2007; amended for the third time in accordance with the Decision on the Amendment of the Regulations on the Appointment and Removal of the Personnel of State Organs by the Standing Committee of Shanghai Municipal People's Congress adopted at the 7th Session of the Standing Committee of the 13th Shanghai Municipal People's Congress on November 26, 2008; amended for the fourth time in accordance with the Decision on the Amendment of the Regulations on the Appointment and Removal of the Personnel of State Organs by the Standing Committee of Shanghai Municipal People’s Congress adopted at the 36th Session of the Standing Committee of the 13th Shanghai Municipal People's Congress on September 26, 2012; amended for the fifth time in accordance with the Decision on Revising Five Local Rules Including the Implementation Rules for Direct Election of Representatives of District and Town/Township People's Congresses in Shanghai Municipality adopted at the 28th Session of the Standing Committee of the 14th Shanghai Municipal People's Congress on April 21, 2016; amended for the sixth time in accordance with the Decision on the Amendment of the Regulations on the Appointment and Removal of the Personnel of State Organs by the Standing Committee of Shanghai Municipal People's Congress adopted at the 41st Session of the Standing Committee of the 15th Shanghai Municipal People’s Congress on June 22, 2022)

Chapter I  General Provisions

Article 1

With a view to doing well the appointment and removal of state organ personnel, these Regulations are formulated in accordance with the Constitution of the People’s Republic of China, the Organic Law of the Local People’s Congresses and the Local People’s Governments of the People’s Republic of China, the Oversight Law of the People's Republic of China, the Organic Law of the People’s Courts of the People’s Republic of China, the Organic Law of the People’s Procuratorates of the People’s Republic of China, and other relevant provisions promulgated by the Standing Committee of the National People’s Congress, and in the light of the actual circumstances of this Municipality.

Article 2

Appointments and removals of state organ personnel shall adhere to the guiding principle that the cadres shall be “revolutionary, younger, well-educated and professionally competent” and to the requirements for them to have both ability and integrity, and shall give full play to democracy and adhere strictly to legal procedures.

Article 3

The Standing Committee of Shanghai Municipal People's Congress (SCSMPC) shall set up the Working Committee of Personnel Appointment and Removal, which, under the leadership of the SCSMPC, is responsible for the examination of the appointments and removals.

Chapter II  The Scope of Appointment and Removal

Article 4

The following personnel in the state power organs shall be appointed and removed by the SCSMPC:

1. When the SCSMPC chairman is unable to work or is absent on account of health, the SCSMPC shall, in accordance with the nomination at the meeting of the SCSMPC chairmen, elect one of the vice chairmen to act for the chairman until the chairman recovers his health or a new chairman is elected by the Municipal People’s Congress.

2. When the Municipal People's Congress is not in session, the SCSMPC shall, in accordance with the nomination at the meeting of the SCSMPC chairmen, pass the appointments and removals of a vice chairman and some members of the special committees of the Municipal People’s Congress. Candidates for members of the special committees of the Municipal People’s Congress shall be nominated out of the deputies to the Municipal People’s Congress.

3. The SCSMPC shall, in accordance with the nomination at the meeting of the SCSMPC chairmen, pass the appointments and removals of the chairman, vice chairmen and members of the Deputy Credentials Commission of the SCSMPC. Candidates for members of the Deputy Credentials Commission shall be nominated out of the SCSMPC members.

4. The SCSMPC shall, in accordance with the nomination at the meeting of the SCSMPC chairmen, pass the appointments and removals of the chairman, vice chairmen and members of the working committees under the Standing Committee, and the deputy secretary-general and the directors of the General Office and the Research Office of the SCSMPC.

Article 5

The following personnel of the state administrative organs of this Municipality shall be appointed and removed by the SCSMPC:

1. When the mayor cannot assume his/her post for certain reasons, the SCSMPC shall, in accordance with the nomination at the meeting of the SCSMPC chairmen, select one of the vice mayors to act for the mayor.

2. The SCSMPC shall, in accordance with the nomination by the mayor, decide on the appointments and removals of vice mayors, and the Municipal People’s Government shall report that to the State Council for record.

3. The SCSMPC shall, in accordance with the nomination by the mayor, decide on the appointments and removals of the members of the Municipal People’s Government such as the secretary-general, commission (or office) chairmen and bureau directors, and the Municipal People’s Government shall report that to the State Council for record.

The component departments of the Municipal People’s Government shall be determined by the approval documents of the State Council. The Municipal People’s Government shall report promptly the change in its component departments to the Municipal People’s Congress for record, and shall provide the relevant approval documents of the State Council.

Article 6

The following personnel in the the National Oversight Commission of this Municipality shall be appointed and removed by the SCSMPC:

1. When the chairman of the Municipal Oversight Committee cannot assume his/her post for certain reasons, the SCSMPC shall, in accordance with the nomination at the meeting of the SCSMPC chairmen, select one of the vice-chairman to act for the chairman.

2. The SCSMPC shall, in accordance with the nomination by the chairman of the Municipal Oversight Committee, appoint and remove the vice chairman and members of the the Municipal Oversight Committee.

Article 7

The following personnel of the state judicial organs of this Municipality shall be appointed and removed by the SCSMPC:

1. When the president of the Municipal High People's Court cannot assume his/her post for certain reasons, the SCSMPC shall, in accordance with the nomination at the meeting of the SCSMPC chairmen, decide on one of the vice presidents to act for the president.

2. The SCSMPC shall, in accordance with the nomination at the meeting of the SCSMPC chairmen, decide on the appointments and removals of the presidents of the Municipal Intermediate People’s Court, Shanghai Intellectual Property Court, Shanghai Financial Court and Shanghai Railway Transportation Intermediate Court.

3. The SCSMPC shall, in accordance with the nomination by the president of the Municipal High People’s Court, appoint and remove the president of Shanghai Railway Transportation Court; the vice presidents, chief judges, associate chief judges, members of the judicial committee and judges of the Municipal Higher and Intermediate People’s Courts, Shanghai Railway Transportation Intermediate Court and Shanghai Railway Transportation Court.

4. The SCSMPC shall, in accordance with the nomination by the SCSMPC chairman, appoint and remove the president of Shanghai Maritime Court, and shall, in accordance with the nomination by the president of Shanghai Maritime Court, appoint and remove the vice presidents, chief judges and associate chief judges, members of the judicial committee and judges of Shanghai Maritime Court.

5. The SCSMPC shall, in accordance with the nomination by the president of Shanghai Intellectual Property Court, appoint and remove the vice presidents, chief judges, members of the judicial committee and judges of Shanghai Intellectual Property Court.

6. The SCSMPC shall, in accordance with the nomination by the president of Shanghai Financial Court, appoint and remove the vice presidents, chief judges and associate chief judges, members of the judicial committee and judges of Shanghai Financial Court.

Article 8

The following personnel of the state procuratorial organs of this Municipality shall be appointed and removed by the SCSMPC:

1. When the chief-procurator of the Municipal People’s Procuratorate cannot assume his/her post, the SCSMPC shall, in accordance with the nomination at the meeting of the SCSMPC chairmen, decide on one of the deputy chief-procurators to act for the chief-procurator and the Municipal People’s Procuratorate shall report to the Supreme People's Procuratorate, which shall report to the Standing Committee of the National People's Congress for the record.

2. The SCSMPC shall, in accordance with the nomination by the chief-procurator of the Municipal People’s Procuratorate, appoint and remove the chief-procurators of the sub-procuratorates under the Municipal People’s Procuratorate and of Shanghai Railway Transportation Procuratorate; appoint and remove the deputy chief-procurators, members of the procuratorial committee and procuratorial clerks of the Municipal People’s Procuratorate, its sub-procuratorates, and Shanghai Railway Transportation Procuratorate; and appoint and remove the chief-procurators, deputy chief-procurators, members of the procuratorial committees and procuratorial clerks of the people’s procuratorates in the farm areas approved by the SCSMPC.

3. The SCSMPC shall, in accordance with the election results of the district people’s congress and the nomination by the chief-procurator of the Municipal People’s Procuratorate, approve the appointments and removals of the chief-procurators of the district people’s procuratorates of this Municipality.

Article 9

According to the provisions of Paragraph 1 of Clause1 of Article 5, Clause 1 of Article 6, Clause 1 of Article 7, and Clause 1 of Article 8 of these Regulations, if the nominee is not a vice mayor, vice chairman of the the Municipal Oversight Committee, vice president of the Municipal High People’s Court, and deputy chief-procurators of the Municipal People’s Procuratorate, the SCSMPC shall make a decision on appointment or appoint him/her as the vice mayor, vice chairman of the the Municipal Oversight Committee, vice president of the Municipal High People’s Court, and deputy chief-procurators of the Municipal People’s Procuratorate, upon nomination at the meeting of the SCSMPC chairmen.

Article 10

In addition to the appointment and removal of the state organ personnel of this Municipality as provided in Articles 4, 5, 6, 7, 8 and 9, the SCSMPC may appoint and remove other state organ personnel of this Municipality in accordance with relevant regulations of the State.

Chapter III  Procedures of Appointment and Removal

Article 11

In the case of appointments and removals of state organ personnel of this Municipality by the SCSMPC, the nominators shall submit written proposals of the appointments and removals 15 days before the SCSMPC session, and at the latest 10 days before the session in special cases and explain the delay to the SCSMPC. In the case of appointments of the personnel of the Municipal People’s Government, vice chairman and members of the Municipal Oversight Committee, and of the initial appointments and promotions of the judicial personnel of the Municipal High People’s Court, the Municipal Intermediate People's Courts, Shanghai Maritime Court, Shanghai Intellectual Property Court, Shanghai Financial Court, Shanghai Railway Transportation Intermediate Court and Shanghai Railway Transportation Court, and the procuratorial personnel of the Municipal People’s Procuratorate and its sub-procuratorates, Shanghai Railway Transportation Procuratorate, and people’s procuratorate in the farm areas, the nominators shall submit, together with the written proposals of the appointments, written materials including brief introductions about the nominees and reasons for the nominations. In the case of removals, the nominators shall submit written statements of the reasons for the removal.

Article 12

The Working Committee of Personnel Appointment and Removal under the SCSMPC shall examine the written proposals of the appointments and removals submitted by the mayor, the chairman of the Municipal Oversight Committee, the president of the Municipal High People’s Court, the chief-procurator of the Municipal People’s Procuratorate, and the presidents of Shanghai Maritime Court, Shanghai Intellectual Property Court and Shanghai Financial Court, and report to the SCSMPC.

In the process of the examination, the Working Committee of Personnel Appointment and Removal shall hold hearings at relevant special committees of the Municipal People’s Congress and other relevant departments, and may request the nominators or relevant departments to provide additional information of the nominees.

Article 13

The meeting of the SCSMPC chairmen shall, in accordance with the opinions given by the Working Committee of Personnel Appointment and Removal, decide whether to submit the written proposals of appointment and removal to the SCSMPC session for examination.

Article 14

When the SCSMPC meets to review a proposal of appointment and removal, the nominator or the person entrusted by the nominator shall be present at the meeting to explain and reply to inquiries.

The nominees shall be present to meet with the SCSMPC members when the SCSMPC meets to review the proposals of the appointments of the vice chairmen and members of the special committees of the Municipal People’s Congress, chairmen, vice chairmen and members of the working committees under the Municipal People’s Congress, deputy secretary-generals, and the chairmen of the General Office and the Research Office, of the SCSMPC, the members of the Municipal People’s Government, the vice chairman and members of the Municipal Oversight Committee, the vice presidents of the Municipal High People’s Court, and the president and vice presidents of the Municipal Intermediate People’s Courts, Shanghai Maritime Court, Shanghai Intellectual Property Court, Shanghai Financial Court, Shanghai Railway Transportation Intermediate Court, and Shanghai Railway Transportation Court, the deputy chief-procurators of the Municipal People’s Procuratorate, and the chief procurator and deputy chief-procurators of its sub-procuratorates, Shanghai Railway Transportation Procuratorate, and people’s procuratorate in the farm areas.

Article 15

The SCSMPC may divide into groups to review the proposals of appointment and removal in accordance with the actual needs.

After the review in groups, the Working Committee of Personnel Appointment and Removal shall, when necessary, report to the SCSMPC plenary session about the review of the group meeting.

Article 16

Before the SCSMPC meets to vote on the proposals of appointment and removal, if an SCSMPC member or members assume there are still major problems to be further studied, the proposals may temporarily not be put to the vote if the SCSMPC chairman or the meeting of the SCSMPC chairmen so proposes and more than half of the SCSMPC members present at the meeting agree to do so.

If the nominator requests to withdraw a proposal of appointment or removal already listed on the agenda of the SCSMPC session before it is put to the vote, the nominator shall give his/her reasons, and the review of the said proposal shall terminate if the meeting of the SCSMPC chairmen so agrees.

Article 17

At the SCSMPC session, the voting of the proposals of appointment and removal shall be conducted by way of secret ballot, voting devices or other methods.

The SCSMPC members may vote for, vote against, or abstain from the proposals of appointment and removal, but shall not propose to appoint or remove someone else.

The proposal of appointment and removal shall be passed by a simple majority of all the SCSMPC members.

The results of voting shall be announced on the spot by the chairman of the session.

Article 18

In the case of state organ personnel appointed or removed by the SCSMPC, the SCSMPC shall inform the departments concerned by issuing official documents. Upon receiving the documents, the departments concerned shall inform in time the personnel to assume or leave the post.

Article 19

In the case of appointments by the SCSMPC as provided in Paragraph 3 of Clause 1 of Article 5, in Paragraph 2 of Article 6, in Paragraph 2,3,4,5,6 of Article 7 and in Paragraph 2 of Article 8 of these Regulations, the letters of appointment shall be issued by the SCSMPC and signed by the SCSMPC chairman.

Article 20

The personnel appointed by the decision of or appointed by the SCSMPC as provided in Paragraph 2, 3 and 4 of Article 4, in Paragraph 2 and 3 of Clause 1 of Article 5, in Paragraph 2 of Article 6, Paragraph 2, 3, 4, 5 and 6 of Article 7, in Paragraph 2 and 3 of Article 8, in Article 9 and in Article 10 shall take the Constitutional oath in public at the time of inauguration according to the Procedures of Shanghai Municipality on Implementing the Constitutional Oath System.

Article 21

After the leading members of a new Municipal People’s Government are chosen according to the law, the mayor shall, within two months, submit according to the due procedure the list of members of the Municipal People’s Government such as the secretary-general, commission (or office) chairmen and bureau directors for the SCSMPC’s appointments. If it is difficult to decide on the nominees for one or two departments, the submission of nomination may be reasonably deferred, but the mayor shall state the case to the SCSMPC.

When a new Municipal People’s Congress is formed, the meeting of the SCSMPC chairmen, the president of the Municipal High People’s Court, and the chief-procurator of the Municipal People’s Procuratorate shall, within two months, request separately according to due procedure for the SCSMPC to decide on the appointments of the presidents of the Municipal Intermediate People’s Courts, Shanghai Railway Transportation Intermediate Court, and Shanghai Railway Transportation Court, and the chief-procurators of the sub-procuratorates of the Municipal People’s Procuratorate and Shanghai Railway Transportation Procuratorate. If it is difficult to decide on the nominees, the submission of nomination may be reasonably deferred, but the nominator shall state the case to the SCSMPC.

Article 22

When the Municipal People’s Congress is not in session, the SCSMPC members, the members of the special committees of the Municipal People’s Congress, the mayor, the deputy mayors, the chairman of the Municipal Oversight Committee, the president of the Municipal High People’s Court and the chief-procurator of the Municipal People’s Procuratorate may tender their resignations to the SCSMPC for the latter to decide whether or not to accept the resignations. Upon accepting the resignations, the SCSMPC shall then report them to the Municipal People’s Congress for record. The resignation of the chief-procurator of the Municipal People’s Procuratorate shall be reported to the chief-procurator of the Supreme People’s Procuratorate, who shall then report to the Standing Committee of the National People’s Congress for approval.

Article 23

In the case of state organ personnel appointed by the SCSMPC, if the name of the state organ has changed, it shall be reported to the SCSMPC for re-nomination; if the name of the state organ remains unchanged but the scope of the duties has changed, and the state organ personnel originally appointed by the SCSMPC remain unchanged, then no re-nomination needs be made, but the original nominator shall report the change in the scope of the duties to the SCSMPC for record.

Article 24

In the case of state organ personnel appointed by the SCSMPC, there is no need to undergo the formalities of removal if any of the personnel leaves his/her post on account of the cancellation or merging of the state organ, the change of the state organ’s name, or if any of the personnel is removed on account of retirement or retirement-on-a-merit, or any of the personnel dies during his/her tenure and the post is removed automatically; however, the original nominator shall report to the SCSMPC for record.

Chapter IV  Supervision and Dismissal

Article 25

All state organ personnel appointed by the SCSMPC shall be subject to the supervision by the SCSMPC, deputies to the Municipal People’s Congress and the broad masses. They shall strictly observe the Constitution and the laws, and carry out the resolutions adopted by the Municipal People’s Congress and its Standing Committee. They shall serve the people whole-heartedly.

Where a state organ personnel appointed by the SCSMPC is subjected to an administrative disciplinary action, the organ that made the decision of sanction shall report the said decision to the SCSMPC in a timely manner.

Article 26

The SCSMPC shall try to find out how the state organ personnel are doing their work, and to carry out legal and work supervision by way of hearing and reviewing special work reports, inspecting law enforcement, raising questions and interrogations, organizing special problem investigations, and deliberating and deciding on dismissals from the posts.

Article 27

When the Municipal People’s Congress is not in session, the SCSMPC may decide to dismiss any of the vice mayors from their posts; decide to dismiss any of the other members of the Municipal People’s Government who are appointed by the SCSMPC, vice chairman and members of the Municipal Oversight Committee; dismiss the presidents of the Municipal Intermediate People’s Courts, Shanghai Maritime Court, Shanghai Intellectual Property Court, Shanghai Financial Court, Shanghai Railway Transportation Intermediate Court, and Shanghai Railway Transportation Court; decide to dismiss the vice presidents, chief judges, associate chief judges, members of the judicial committee and judges of the Municipal High People’s Court, the Municipal Intermediate People’s Courts, Shanghai Maritime Court, Shanghai Intellectual Property Court, Shanghai Financial Court, Shanghai Railway Transportation Intermediate Court and Shanghai Railway Transportation Court; dismiss the chief-procurators of the sub-procuratorates of the Municipal People’s Procuratorate, Shanghai Railway Transportation Procuratorate, and the people’s procuratorate in the farm areas, and the deputy chief-procurators, members of the procuratorial committee and procuratorial clerks of the Municipal People’s Procuratorate and its sub-procuratorates, Shanghai Railway Transportation Procuratorate and the people’s procuratorate in the farm areas; and decide to dismiss other state organ personnel appointed by the SCSMPC.

When the Municipal People's Congress is not in session, if the SCSMPC deems it necessary to dismiss the president of the Municipal High People's Court from the post, it shall report to the Supreme People’s Court for the latter to report to the Standing Committee of the National People’s Congress for approval.

When the district people’s congress of this Municipality is not in session, the SCSMPC may approve the dismissal of the president of the district people’s court in accordance with the decision by the standing committee of the district people’s congress and the proposal by the Municipal High People’s Court.

The SCSMPC may dismiss the chief-procurator, deputy chief-procurator(s) and member(s) of the procuratorial committee of the district people's procuratorate in accordance with the proposal by the chief-procurator of the Municipal People’s Procuratorate.

Article 28

The Municipal People's Government, the Municipal Oversight Committee, the Municipal High People’s Court, the Municipal People’s Procuratorate, Shanghai Maritime Court, Shanghai Intellectual Property Court and Shanghai Financial Court may propose to the SCSMPC to dismiss the state organ personnel listed in Article 27 of these Regulations.

The meeting of the SCSMPC chairmen may propose to the SCSMPC to dismiss the state organ personnel listed in Article 27 of these Regulations.

In case the number of SCSMPC members reaches one fifth of the total or more, they may jointly make a written proposal to the SCSMPC to dismiss the state organ personnel listed in Article 27 of these Regulations, and the chairmen meeting can decide whether to submit the proposal to be reviewed at the SCSMPC session; alternatively, upon a proposal by the chairmen meeting and a decision by the plenary session, an investigation committee can be formed, on the basis of whose report, the SCSMPC can deliberate and make a decision.

The subject of and reasons for the dismissal case shall be given and relevant materials provided.

Article 29

The dismissal proposal by the meeting of the SCSMPC chairmen shall be submitted directly to the SCSMPC session for review. Other dismissal proposals shall be first examined by the Working Committee of Personnel Appointment and Removal, which gives its opinion, before the SCSMPC chairmen meet to decide whether to submit those proposals for review at the SCSMPC session.

In relation to all the dismissal proposals, the meeting of the SCSMPC chairmen or the Working Committee of Personnel Appointment and Removal shall hear the statements by those who may be dismissed.

Article 30

Before the dismissal proposal is submitted for voting, the personnel who may be dismissed have the right to state their own views at the SCSMPC session, or to put forward a written defense, which the chairmen meeting may print and distribute at the SCSMPC session.

The dismissal proposals shall be voted by secret ballot and passed by a simple majority of the SCSMPC members, and the SCSMPC shall issue official documents of the voting results to the state organs concerned.

Chapter V  Supplementary Provisions

Article 31

The Working Committee of Personnel Appointment and Removal under the SCSMPC shall be responsible for interpreting these Regulations in their specific application.

Article 32

These Regulations shall be effective as of the date of promulgation by the SCSMPC. The other regulations concerning personnel appointment and removal previously promulgated by the SCSMPC shall be repealed on the same date.