Notice of Department of Human Resources and Social Security of Hainan Province and Hainan Provincial Public Security Department on Issuing the Provisions on Staff Transfer in Public Institutions of Hainan Province (Trial)
Human Resources and Social Security Bureaus and Public Security Bureaus of Cities, Counties and Autonomous Counties, and departments concerned directly under the province,
In order to further standardize the staff transfer in public institutions, we have formulated the Provisions on Staff Transfer in Public Institutions of Hainan Province (Trial) (hereinafter referred to as these "Provisions") in accordance with the Regulation on the Personnel Management of Public Institutions and other laws and regulations, in addition to the actual conditions of our province. These Provisions are hereby issued for you to carry out earnestly.
Department of Human Resources and Social Security of Hainan Province and Hainan Provincial Public Security Department
December 27, 2018
(This document is actively disclosed)
Provisions on Staff Transfer in Public Institutions of Hainan Province (Trial)
第一条 为贯彻落实习近平总书记在庆祝海南建省办经济特区30 周年大会上的重要讲话和《中共中央国务院关于支持海南全面深化改革开放的指导意见》精神，进一步规范事业单位工作人员调动工作，根据《事业单位人事管理条例》等法律法规，结合我省实际，制定本规定。
Article 1 To implement the important speech by General Secretary Xi Jinping at the 30th Anniversary for the Celebration of Hainan Provincial Special Economic Zone and the spirit of the Guiding Opinions of the CPC Central Committee and the State Council on Supporting Hainan in Comprehensively Deepening Reform and Opening-up, and further standardize the staff transfer in public institutions, these Provisions are hereby formulated in accordance with the Regulation on the Personnel Management of Public Institutions and other laws and regulations, in addition to the actual conditions of our province.
Article 2 The staff transfer of public institutions as mentioned in these Provisions includes the following three cases:
(1) The job rotation of permanent staff in public institutions;
(2) The transfer of civil servants (staff from those units managed with reference to theLaw on Civil Servants) to public institutions;
(3) The movement of professional, technical and high-skilled talents in urgent need (e.g., management talents, teachers, doctors, and scientific researchers) from the state-owned enterprises, non-public economic organizations and social organizations to public institutions.
Where otherwise provided for the transfer of leaders in public institutions, such laws and regulations shall apply.
Article 3 The staff transfer of public institutions shall follow the principle of adapting their moral and professional qualities to the job requirements, and be strictly controlled and selected based on the work needs and qualifications.
Article 4 The staff transfer of public institutions must be done within the prescribed quota for staffing and the total number of post settings, with available job vacancies.
Article 5 The staff transfer of public institutions shall be administered at different levels. The general personnel management departments of public institutions at all levels shall take charge of the general management according to their administration privileges and assignment of responsibilities. The competent departments of public institutions and the public institutions shall be liable for the specific work based upon their administration privileges and assignment of responsibilities:
(1)The general personnel management departments of provincial public institutions shall approve the transfer into the public institutions directly under the province and those subordinate to provincial departments (hereinafter referred to as "provincial public institutions").
(2)The staff movement among public institutions directly under the province shall be negotiated between the transferred and transferring institutions.
(3)The transfer from public institutions directly under the province to those subordinate to provincial departments shall be handled by the competent departments of the transferred institutions in consultation with the public institutions directly under the province; the transfer from public institutions subordinate to provincial departments to public institutions directly under the province shall be handled by the latter in consultation with the competent departments of transferring institutions.
(4)The transfer of personnel among public institutions subordinate to provincial departments shall be handled by the same competent department, if applicable; otherwise, the competent departments of the transferred institutions shall negotiate with those of transferring institutions for a solution.
(5)The transfer from provincial public institutions to other cities/counties or provinces shall be handled by such cities/counties, the transferring institutions or the competent departments of the transferring institutions.
(6) The staff transfer of public institutions in cities or counties shall be handled by their general personnel management departments.
Article 6 The general personnel management departments of public institutions shall coordinate the transfer in any of the following:
(1)Personnel adjustment required to improve the staff structures of public institutions;
(2)Placement of redundant staff due to dismission, merger or reduction of staffing;
(3)Turnover of those staff not appropriate for their current positions; and
(4)Other special circumstances in need of personnel adjustment.
Article 7 In addition to the basic conditions stipulated by laws, regulations and relevant policies, those to be transferred shall have the relevant qualifications required by the posts to be transferred and other conditions for the normal performance of duties. The professional, technical and high-skilled talents in urgent need (e.g., management talents, teachers, doctors, and scientific researchers) from the state-owned enterprises, non-public economic organizations and social organizations to public institutions shall be generally under 50 years old.
Article 8 The management talents transferred from the state-owned enterprises, non-public economic organizations and social organizations to public institutions must be placed in managerial positions at Level 6 or above, and should hold the college degree or above, plus equivalent job qualifications. Junior college, undergraduate, master and doctoral candidates should, before transfer, have 11, 10, 6 and 3 years of management experience, respectively.
Article 9 The professional and technical talents in urgent need (e.g., teachers, doctors, and scientific researchers) transferred from the state-owned enterprises, non-public economic organizations and social organizations to provincial public institutions should have the senior professional and technical qualifications or hold the associate senior professional and technical positions for more than 2 years. Those transferred to the public institutions in cities or counties should have associate senior or above professional technical qualifications. Those transferred to the public institutions in towns or townships should have held intermediate or higher professional and technical posts for more than 2 years and not be transferred out within 5 years after completing the transfer procedures.
Article 10 The high-skilled talents in urgent need transferred from the state-owned enterprises, non-public economic organizations and social organizations to provincial public institutions should be provided with senior technician qualifications and more than 8 years of relevant working experience. Those transferred to the public institutions in cities or counties shall have technician qualification or above and relevant working experience for more than 5 years.
Article 11 No transfer formalities are allowed under any of the following circumstances:
(1)Being filed for investigation for violation of law and discipline;
(2)Failure to complete the minimum years of service as prescribed by laws, regulations and relevant policies;
(3)Failure to finish the probationary period of new recruitment (employment) or the trial period; and
(4)Other circumstances not eligible for transfer as prescribed by laws and regulations.
Article 12 The general personnel management departments of public institutions shall strictly control the transfer of workers and handymen in public institutions within the province. Except in accordance with the relevant policies, it is generally not allowed to transfer workers and handymen from outside the province.
Article 13 To transfer staff, public institutions must first apply for the job vacancy notice for those to be transferred according to the provisions on the establishment management.
Article 14 The staff transfer into public institutions shall be handled in the following procedures:
(1)Determine the job positions and conditions, and propose the staff transfer;
(2)Talk over the transfer;
(3)Make a reply;
(4)Organize investigations and discuss to make a decision;
(5)Public summons of staff transfer (no less than 5 working days);
(6)Issue the transfer notice;
(7)Forward the personnel archives.
Article 15 The staff transfer out of public institutions shall be handled in the following procedures:
(1)Make a reply;
(2)Cooperate with the investigation;
(3)Forward the personnel archives.
Article 16 The transferred and transferring institutions shall, within 15 working days after the transfer, report the position and staffing details to the general personnel management departments of public institutions at the same level and the establishment departments.
Article 17 Those transferred to provincial public institutions from other institutions shall provide the following:
(1)Letter of Transfer;
(2)Job Vacancy Notice issued by the establishment department;
(3)Approval Form for Staff Transfer in Public Institutions or Approval Form for the Transfer of Civil Servants (Staff from Those Units Managed with Reference to the Law on Civil Servants) to State-owned Enterprises and Institutions(in quadruplicate);
(4)Public summons materials for staff transferred;
(5)The review materials and the review of personnel archives of those to be transferred (including age, length of service, party standing, education, experience, status of public institution staff or enterprise personnel or civil servants (staff from those units managed with reference to the Law on Civil Servants), and clean governance) as well as family planning;
(6)The minutes of the meeting when the transfer was decided upon in the collective discussion;
(7)The Registration Form of Those Transferred expected to be completed to handle the household registration.
For the staff transfer between provincial public institutions or public institutions in cities/counties, the handling departments (units) shall determine the materials to be provided or kept for future reference according to the preceding paragraph, where items (2), (3), (4), (5) and (6) are required.
Article 18 The transferred institutions should handle the transfer and continuation of salary, social security relations, job employment and other procedures based upon the Notification of Staff Transfer of Public Institution,
Approval Form for Staff Transfer in Public Institutions or Approval Form for the Transfer of Civil Servants (Staff from Those Units Managed with Reference to the Law on Civil Servants) to State-owned Enterprises and Institutions.
Article 19 The transfer must comply with the following disciplines:
(1)The transferred and transferring institutions and their competent departments and the general personnel management departments of public institutions must strictly implement the policies and provisions on the personnel management of public institutions, and perform their duties strictly for careful examination and checks, never lowering standards or easing conditions at will;
(2)The transferring institutions shall give the truth and never promote the post level during the period of staff transfer; and
(3) Those to be transferred shall abide by the provisions, truthfully report matters and provide materials, but not violate the transfer discipline, forge or provide false materials and hide the truth.
Article 20 Approval shall not be granted for the presented transfer in violation of these Provisions; Those already handled shall be declared void and returned, and the mainly responsible and directly responsible individuals shall be handled or punished in accordance with relevant regulations.
Article 21 The general personnel management departments of public institutions in cities and counties may formulate the detailed rules for implementation in accordance with these Provisions.
Article 22 The Department of Human Resources and Social Security of Hainan Province is responsible for the interpretation of these Provisions.
Article 23 The Provisions shall come into effect as of the date of promulgation.