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Sichuan Provincial Department of Human Resources and Social Security

  In accordance with the Circular of the CPC Sichuan Provincial Committee and Sichuan Provincial Government on Releasing'the Plan of Institutional Reform in Sichuan Provincial Government'and'the Opinion on the Implementation of the Plan of Institutional Reform in Sichuan Provincial Government'(ChuanWeiFa[2009] No.24),theSichuan Provincial Department of Human Resources and Social Security ( referred to as the"SPDHRSS"),which is a constituent of Sichuan Provincial Government (hereinafter referred as the"provincial government"),is hereby established. The Department includes the Administration of Foreign Experts Affairs of Sichuan Province. 

  I.             Adjustment of Functions

  1)      The functions of the former Personnel Department and Labor and Social Security Department of Sichuan Province are to be integrated into the Department of Human Resources and Social Security of Sichuan Province.

  2)      The original Leading Group of Sichuan Province for Labor Development and Migrant Workers Affairs affiliated with the Rural Affairs Commission of the CPC Sichuan Provincial Committee,together with its related functions of labor development and migrant workers affairs,is to be put under the Department of Human Resources and Social Security of Sichuan Province.

  3)      Items of administrative approval as canceled by the provincial government are to be canceled.

  4)      The Department is to cancel the functions of formulating instructive annual recruiting plans for technical schools,coordinating employment and salary policies of foreign-invested enterprises and formulating the basic rules for enterprise employee penalties.

  5)      The Department is to draw up policies for the administration of Chinese citizens'overseas employment,and the functions of qualifying,reviewing and supervising agencies for overseas employment are to be put under the Department of Commerce.

  6)      The tasks of assessing technical schools are to be transferred to intermediary agencies.

  7)      The Department is to assume the function delegated by the State Administration of Foreign Experts Affairs concerning qualifying secondary-and-below education institutions which intend to engage foreign experts.

  8)      The Department is to reinforce the functions of administering staff of governmental departments,institutions and enterprises,so as to improve income distribution system and make full use of the advantage in human resources.

  9)      The Department is to reinforce the function of arranging policies of urban and rural employment and social security,so as to set up and improve the service and guarantee system of employment and retirement.   

  10)  The Department is to reinforce the function of integrating talent market and labor market,so as to accelerate the establishment of unified and standard human resources market and promote the reasonable movement and effective allocation of human resources.

  11)  The Department is to reinforce the function of arranging basic pension insurance for staff in governmental departments,institutions and enterprises,enhancing the level of overall arrangement of pension funds and promoting the reform of basic pension insurance system.

  12)  The Department is to reinforce the function of promoting employment,improving the public service system for employment,establishing and ensuring the implementation of the system of fair employment between urban and rural workers,so as to promote full employment in the society.

  13)  The Department is to reinforce the function of arranging for labor supervision and coordinating migrant workers affairs,so as to safeguard the lawful rights and interests of workers.

  14)  The Department is to reinforce the overall control of the frequency of overseas training,optimize the structure of overseas training and promote the quality of overseas training.

  II.          Major Functions

  1)      To ensure the implementation of relevant state laws,rules,regulations and policies in relation to human resources and social security,draw up local rules and regulations in relation to human resources and social security,formulate development plans and policies of Sichuan Province concerning human resources and social security and arrange for and supervise the implementation thereof;

  2)      To draw up and ensure the implementation of development plans for human resource market and policies for the movement of human resource,set up unified and standard human resources market throughout the province and promote the reasonable movement and effective allocation of human resources;

  3)      To take charge of employment promotion,draw up employment promotion plans and policies that balance urban and rural development,improve the public service system for employment,formulate and ensure the implementation of aid systems for entrepreneurship and employment,improve the system of occupational qualifications,facilitate occupational training for urban and rural workers,take the lead in drawing up employment policies for college graduates,and work with relevant departments to draw up policies for the training of and motivation for highly-skilled talents and rural capable talents;

  4)      To set up a social security system covering urban and rural residents,formulate and ensure the implementation of policies and standards for urban and rural social insurance and supplementary insurances throughout the province,ensure the implementation of nation-wide unified rules for transferring or resuming social insurance arrangements,formulate policies for basic pension insurance for staff in governmental departments,institutions and enterprises and enhance the level of overall arrangement of pension funds,work with relevant departments to draw up rules for the management and supervision of social insurance funds and supplementary insurance funds,prepare drafts for budgets and final accounts of social insurance funds throughout the province,and participate in the formulation of investment policies for social insurance funds throughout the province;

  5)      To make forecasts,give early-warning and direct information in respect of employment,unemployment and social insurance funds,draw up pre-arranged solutions,and take precautions against,regulate and control any undesirable situations,so as to keep stable the employment situation and balance the revenues and expenditures of social insurance funds;

  6)      To work with relevant departments to draw up policies for salary and income distribution for the staff in governmental departments and institutions,as well as policies for salary and income distribution for staff in enterprises,ensure the normal salary rise and payment for staff in governmental departments,institutions and enterprises and draw up policies for the welfare of the staff in governmental departments,institutions and enterprises as well as policies for retirement;

  7)      To work with relevant departments to direct the reform of the personnel system in non-profit-making institutions,draw up policies for the administration of staff in non-profit-making institutions and logistic staff in governmental departments,participate in the administration of professional staff,draw up policies for the administration and continuing education for professional technicians,take the lead in intensifying the reform of the system of professional titles,improve the system for administration of post-doctors,take charge of the selection and training of high-level professional technicians,and draw up policies for attracting overseas experts and overseas Chinese students to come or return to Sichuan for work or settlement;

  8)      To work with relevant departments to draw up policies and plans for the resettlement of military officers transferred to civilian positions,take charge of training for military officers transferred to civilian positions,arrange for the drafting of policies for assisting and stabilizing military officers who have been transferred to positions in certain enterprises,and take charge of administration of and service for military officers who find jobs on their own;

  9)      To exercise comprehensive administration on public servants in governmental departments,draw up policies for assignment of relevant personnel and policies for resettlement of special personnel,and work with relevant departments to put into effect the systems of national honors and governmental awards;

  10)  To work with relevant departments to draw up comprehensive policies and planning for labor development and migrant workers'affairs and push forward the implementation of such policies,work in collaboration to settle key and intricate issues and protect the lawful rights and interests of migrant workers;

  11)  To draw up mediation and arbitration systems for labor and personnel disputes and policies for labor relationship,improve coordination mechanisms for labor relationship,formulate policies for eliminating illegal use of child labor and special policies for protecting women workers and juvenile labor,arrange for supervision of labor security,coordinate matters in relation to protection of workers'legitimate rights,and investigate into major cases in accordance with law;

  12)  To be responsible for attracting overseas talents and intelligence,take charge of international communication and cooperation in respect of human resources and social security,take charge of technical cooperation and talent exchange in respect of relevant foreign-related matters,and take charge of training for personnel who are going abroad;

  13)  To undertake other items of administrative approval as released by the provincial government; and

  14)  To undertake other matters assigned by the provincial government. 

  III.       Constitution of the Department

  On the basis of the above functions,26 internal offices are set up in the Department.

  1)       General Office

  The General Office shall be responsible for official papers and telegrams,conference organizing,confidential documentation,file-keeping,information release,security and confidentiality,as well as coordination of governance affairs,open administration,supervision and performance management; and deal with matters in relation to suggestions by deputies of the People’s Congress of Sichuan Province and proposals by members of the Sichuan Provincial Committee of the CPPCC. 

  2)       Office for Policy Studies

  The Office for Policy Studies shall arrange for and make comprehensive studies on policies for human resources and social security; draw up important documents,make studies on major topics and undertake matters in relation to publicity and press release; and coordinate matters in relation to consultancy with experts. 

  3)       Office for Legal Affairs (Office for Administrative Approval)

  The Office for Legal Affairs shall draw up local rules and regulations concerning human resources and social security; be responsible for the review of the legality of regulatory documents as well as filing therefor; take charge of law-abiding administration of the Department as well as in authorities of human resources and social security,and deal with matters in relation to supervision of administrative law-enforcement,administrative reconsideration,administrative litigation and administrative mediation; and undertake relevant matters in relation to administrative approval.

  4)       Office for Planning and Finance

  The Office for Planning and Finance shall draw up planning and annual plans for the development of human resources and social security undertakings; work with relevant departments to prepare drafts of budgets and final accounts of social insurance funds throughout the province and at the provincial level; participate in the drafting of the financial management system for social security funds throughout the province; direct and supervise the financial management in subordinate agencies,take charge of the financial management and accounting of the Department and of other entities whose financial accounts are kept by the Department,take charge of the management of the state-owned assets and internal finance and auditing in the Department and subordinate entities; undertake relevant tasks in relation to information planning and statistical management; and administer relevant technological programs and programs funded by international aids or loans.  

  5)       Office for Employment Promotion

  The Office for Employment Promotion shall draw up planning and annual plans for employment promotion as well as policies for fair employment of workers and for transferring rural labor,and improve the public service system for employment; direct and regulate information management in respect of public service for employment; participate in the formulation of rules for the management and use of special employment funds; take the lead in formulating employment policies for college graduates; draw up policies for assistance to entrepreneurship and employment and for the employment of special groups of population; and draw up administration policies for the employment in Sichuan of foreigners (excluding experts).

  6)       Office for Human Resource Market

  The Office for Human Resource Market shall draw up policies and planning for the development of human resources market as well as administrative rules for market access of human resources service agencies; direct and supervise the administration of job agencies; and draw up policies for assignment of personnel and undertake tasks of assignment of specially-needed personnel and personnel in Tibetan areas.

  7)       Office for Resettlement of Military Officers (Sichuan Province Office for Resettlement of Military Officers)

  The Office for Resettlement of Military Officers shall draw up policies for resettlement and training of military officers to be transferred to civilian positions and resettlement plans for such military officers,and improve resettlement and training systems; direct resettlement tasks for such military officers throughout the province,and undertake matters in relation to resettlement,assignment and training of such military officers in provincial enterprises and state-run enterprises in Sichuan; arrange for the drafting of policies for assisting and stabilizing military officers who have been transferred to positions in certain enterprises; take charge of administration of and service for military officers who find jobs on their own; and undertake specific tasks of the Leading Group of Sichuan Province for Resettlement of Military Officers. 

  8)       Office for Occupational Capability

  The Office for Occupational Capability shall draw up policies and planning for occupational training for urban and rural workers as well as policies for training of and motivation for highly-skilled talents and rural capable talents; subject to national guidelines and policies on education,draw up development planning and administrative rules for technical schools and occupational training institutions,and direct the development of qualified teachers and teaching materials; improve the system of occupational technical qualification; make studies on and comment on the way to comply with national standards and trade standards in respect of classification of occupations and occupational skills; and improve rules on the rating of logistic positions in governmental departments and institutions. 

  9)       Office for Administration of Professional Technicians (Sichuan Province Office for the Leading Group for Reform of Professional Titles)

  The Office for Administration of Professional Technicians shall take charge of comprehensive matters in relation to professional technical titles and experts; draw up policies for the administration and continuing education for professional technicians throughout the province; improve the system for administration of post-doctors,and take charge of the planning and training of high-level professional technicians; intensify the reform of professional titles,improve the system of qualification (practice) for professional technicians,and undertake specific tasks of the Leading Group for Reform of Professional Titles; take charge of the management of various qualification (proficiency) tests for professional technicians as well as the approval and review of qualification certificates; and draw up relevant policies for attracting overseas Chinese students to come or return to Sichuan for work or settlement and for overseas institutions to employ professional technical elites in Sichuan. 

  10)   Office for Personnel Management in Non-profit-making Institutions

  The Office for Personnel Management in Non-profit-making Institutions shall direct and arrange for the personnel reform in non-profit-making institutions as well as personnel management therein; draw up policies for the administration,assessment,award or penalty and movement of staff in non-profit-making institutions and logistic staff in governmental departments; subject to administrative authorities,take charge of matters in relation to position-setting in non-profit-making institutions; draw up and ensure the implementation of policies for open recruitment of staff (including overseas personnel other than experts) in non-profit-making institutions; and undertake matters in relation to assignment of staff in provincial non-profit-making institutions. 

  11)   Office for Migrant Workers Affairs (Sichuan Province Office for the Leading Group for Labor Development and Migrant Workers Affairs)

  The Office for Migrant Workers Affairs shall draw up and push forward the implementation of comprehensive policies for labor development and migrant workers'affairs throughout the province; settle and deal with key and intricate issues and major events involving migrant workers,and safeguard the legitimate rights of migrant workers; direct and coordinate information-based administration of migrant workers'affairs; and undertake the specific tasks of the Leading Group for Labor Development and Migrant Workers Affairs.   

  12)   Office for Labor Relationship

  The Office for Labor Relationship shall draw up policies for labor relationship; take the lead in formulating rules for implementing the system of labor contracts and collective contracts as well as rules for collective negotiation on salary; draw up macro policies for distribution of enterprise employee salary and income,direct and supervise the management of the total amount of salary in state-owned enterprises and distribution of salary and income of enterprise heads; improve policies for employee retirement in enterprises; direct the formulation of labor standards; draw up policies for eliminating illegal use of child labor and special policies for protecting women workers and juvenile labor; review and promulgate local standards for work quota; undertake tasks in relation to the movement of staff of state-run entities in Sichuan,logistic staff in provincial governmental departments and employees in provincial enterprises; take charge of filing for enterprises'reduction of staff for economic reasons; and take the lead in setting up and improving the coordination mechanism among governments,labor unions and enterprises. 

  13)   Office for Salary and Welfare

  The Office for Salary and Welfare shall administer affairs in relation to the salary,welfare and retirement of staff in governmental departments and institutions throughout the province; draw up and ensure the implementation of policies for the salary,welfare,calculation of length of service,retirement and resignation of the staff as well as salary treatment for the staff members subject to penalties in governmental departments and institutions throughout the province; take charge of administration of salary funds of provincial governmental departments and institutions,and undertake the management of the total amount of salary for staff in provincial non-profit-making institutions; take charge of matters in relation to increasing retirement benefits for the staff members in governmental departments and institutions who have been granted awards; take charge of matters in relation to underdeveloped and remote area allowances and post allowances for staff members in governmental departments and institutions,and work with relevant departments to deal with matters in relation to subsidies and allowances for public servants; and take charge of statistics and comprehensive analysis of salaries in provincial governmental departments and institutions.

  14)   Office for Pension Insurance

  The Office for Pension Insurance shall draw up development planning for urban basic pension insurance,and draw up and ensure the implementation of policies of pension insurance for staff in governmental departments,institutions and enterprises as well as urban residents (including people whose land has been expropriated and who have been resettled as urban residents); formulate rules for the management of pension insurance fund and systems for forecast and early-warning for pension insurance fund; draw up schemes and policies for socialized management and service for retired staff; work with relevant departments to review closed-down or bankrupt enterprises'applications for discharge of arrears of pension insurance premium; and review the conditions for applications for early retirement of enterprise staff.  

  15)   Office for Unemployment Insurance

  The Office for Unemployment Insurance shall draw up policies,schemes and standards for unemployment insurance throughout the province,as well as rules for the management of unemployment insurance fund,and ensure the implementation thereof; set up the system of early-warning in respect of unemployment throughout the province,and draw up policies preventing,regulating and controlling large-scale unemployment; and draw up policies safeguarding the rights of employees in case of resettlement in economic structural adjustment efforts.

  16)   Office for Medical Insurance

  The Office for Medical Insurance shall draw up policies,schemes and standards for medical insurance and maternity insurance and ensure the implementation thereof; draw up rules for the management of medical insurance fund and maternity insurance fund as well as rules for the determination of premium rates of medical insurance and maternity insurance,and draw up measures for the scope of and payment for medicines,medical treatment items and medical services and devices; draw up rules for the administration of and account settlement for designated medical institutions and designated retail drug stores in respect of medical insurance and maternity insurance; draw up standards for allowances for absence arising from diseases or child-bearing; and draw up policies and rules for the management of supplementary medical insurance.

  17)   Office for Work-related Injury Insurance

  The Office for Work-related Injury Insurance shall draw up policies,schemes and standards for work-related injury insurance as well as rules for the management of work-related injury insurance fund and benefit items; draw up and ensure the implementation of policies for the prevention,confirmation and rehabilitation of work-related injury throughout the province; arrange for the drafting of standards for the qualifications of medical institutions,drug stores,rehabilitation agencies and agencies for fixing aid instruments for disability; and direct and supervise the verification of work-related injury ratings.

  18)   Office for Social Insurance for Rural Residents

  The Office for Social Insurance for Rural Residents shall draw up and ensure the implementation of policies,schemes and standards for rural resident (including farmers whose land has been expropriated and who have been resettled as rural residents) pension insurance; work with relevant departments to formulate rules for the management of rural resident social insurance fund; and draw up rules for review of social security measures in land expropriation plans for farmers whose land has been expropriated and who have been resettled as rural residents.

  19)   Office for Supervision of Social Insurance Fund

  The Office for Supervision of Social Insurance Fund shall draw up systems for the supervision of social insurance fund and supplementary insurance fund; supervise in accordance with law the collection,payment,management and operation of social insurance fund and supplementary insurance fund; improve the system of internal monitoring,and arrange for evaluation of internal monitoring of social insurance institutions; investigate into cases of law-violation or regulation-violation threatening fund security; and participate in the drafting of policies for investment with social security fund. 

  20)   Office for Mediation and Arbitration (Sichuan Province Office for the Commission of Arbitration for Labor and Personnel Disputes)

  The Office for Mediation and Arbitration shall draw up work plans and relevant provisions concerning mediation and arbitration of labor and personnel disputes throughout the province; direct and coordinate matters in relation to mediation and arbitration of labor and personnel disputes throughout the province; direct and encourage the prevention of labor and personnel disputes throughout the province; deal with and coordinate the settlement of significant trans-regional labor and personnel disputes; take charge of the training for and administration of arbitrators for labor and personnel disputes; and take charge of the statistical analysis and submission to higher authorities in respect of the settlement of labor and personnel disputes throughout the province.

  21)   Office for Supervision of Labor Security

  The Office for Supervision of Labor Security shall draw up work plans and rules for supervision of labor security; arrange for and organize supervision of labor security,and ensure and supervise the settlement of major cases in accordance with law; direct the supervision of labor security by local authorities; coordinate matters in relation to protection of workers'legitimate rights on a trans-regional basis,and deal with relevant incidents; and take charge of training and administration of supervisors of labor security.     

  22)   Office for Foreign Experts Affairs

  The Office for Foreign Experts Affairs shall draw up and ensure the implementation of policies for attracting overseas intelligence throughout the province; administer foreign experts in Sichuan and handle applications for permission for foreign experts to work in Sichuan; take charge of matters in relation to qualifying secondary-and-below education institutions who intend to engage foreign experts,and take charge of the administration and annual review of such education institutions throughout the province as qualified to engage foreign experts; take charge of publicity,security and confidentiality in relation to attracting overseas intelligence; undertake matters in relation to granting awards to foreign experts with outstanding contribution; and undertake matters in relation to international exchange and cooperation in respect of human resources and social security. 

  23)   Office for Administration of Overseas Intelligence Attracting

  The Office for Administration of Overseas Intelligence Attracting shall formulate medium-and-long-term planning for attracting overseas intelligence throughout the province,and formulate and ensure the implementation of the annual plans for programs of attracting overseas intelligence throughout the province; take charge of matters in relation to assigning groups or personnel for overseas training throughout the province; manage national and provincial special funds for attracting overseas intelligence; take charge of communication and cooperation with associations of foreign experts and overseas training institutions; take charge of the summarization,verification and popularization of results in respect of attracting overseas intelligence; and direct and coordinate matters in relation to attracting overseas intelligence in local authorities and departments.

  24)   Office for Letters and Visits from the Public

  The Office for Letters and Visits from the Public shall ensure the implementation of laws,rules and regulations promulgated by the state and Party concerning letters and visits from the public; make studies on and analyze the work in relation to letters and visits from the public in authorities of human resources and social security throughout the province; receive and deal with letters and visits from the public; supervise the disposition of major events in respect of letters and visits from the public; coordinate the settlement of mass incidents;and inspect and direct matters in relation to letters and visits from the public in authorities of human resources and social security. 

  25)   Personnel Office

  The Personnel Office shall be responsible for institutional establishment and personnel management in the Department,Bureau of Public Servants of Sichuan Province and subordinate entities; take charge of training for cadres in authorities of human resources and social security; and take charge of the administration in respect of staff in the Department,Bureau of Public Servants of Sichuan Province and subordinate entities who intend to go abroad.

  26)   Office for Retired Staff

  The Office for Retired Staff shall take charge of matters in relation to retired staff in the Department,Bureau of Public Servants of Sichuan Province and subordinate entities.

  The Party Committee of the Department shall take charge of Party-and-mass relationship in the Department,Bureau of Public Servants of Sichuan Province and subordinate entities. The establishment of its organs is to be determined by the party group of the Department in accordance with provisions by the CPC Sichuan Provincial Committee.

  IV.        Personnel and Number of Leaders

  The Department is to have 172 staff members,including one Director (who will take the position of Director of the Bureau of Public Servants of Sichuan Province simultaneously) and 4 Deputy Directors. Party secretaries are to be appointed in accordance with provisions by the CPC Sichuan Provincial Committee. The Department is to have one Director for the Leading Group of Sichuan Province for Labor Development and Migrant Workers Affairs,to be appointed in accordance with provisions by the CPC Sichuan Provincial Committee,and one Director for the Administration of Foreign Experts Affairs of Sichuan Province (who may be promoted to the position of assisting roles of departments or equivalents on the basis of the qualifications of the official concerned). The Department is to have 27 officials of leading roles of divisions or equivalents (including one special Deputy Secretary for the Party Committee or one Director for the Party Office) and 39 officials of assisting roles of divisions or equivalents.

  The Department is to have 2 officials under separate administration,and 5 officials under separate administration transferred from military forces.

  The Department is to have 5 positions for special personnel of disciplinary inspection and supervision delegated by Sichuan Provincial Commission of Disciplinary Inspection and Sichuan Province Supervisory Department,including one Head of the Disciplinary Inspection Team (Special Commissioner for Supervision),and one Director of Supervision (Deputy Head of the Disciplinary Inspection Team). All the above personnel shall be subject to the administration provided in the Circular of the General Office of the CPC Sichuan Provincial Committee and the General Office of Sichuan Provincial Government on Transmitting the'Opinion of Sichuan Provincial Commission of Disciplinary Inspection,Organization Department of the CPC Sichuan Provincial Committee,the Office of Institutional Establishment of Sichuan Province and Sichuan Province Supervisory Department Concerning the Implementation of Centralized Administration on Delegated Organs of Sichuan Provincial Commission of Disciplinary Inspection and Sichuan Province Supervisory Department'(ChuanWeiBan [2005]No. 30).

  The Department is to have at most 1 position for retired staff who is to be reemployed after retirement.

  V.           Miscellaneous

  1)      The Department is to administer the Bureau of Public Servants of Sichuan Province,in which the personnel affairs,Party affairs,disciplinary inspection and supervision,finance,logistic services,retired staff affairs are to be administered by the Department,together with the disciplinary inspection and supervision organ delegated by Sichuan Provincial Commission of Disciplinary Inspection and Sichuan Province Supervisory Department.

  2)      As far as the administration of the employment of college graduates is concerned,the Department is to take the lead and work with the Department of Education to formulate policies for the employment of college graduates; the Department of Education is to take charge of the guidance and service in respect of employment for college graduates before graduation,while the Department is to take charge of the guidance and service in respect of employment for college graduates after graduation.

  3)      Provisions for the establishment,functions,and institutional organization of subordinate entities shall be formulated otherwise.

  VI.        Supplementary Provisions

  These provisions are subject to the interpretations and adjustment by the Commission of Institutional Organization of the CPC Sichuan Provincial Committee in accordance with specified procedures.

  Address: No.21,Donger Lane,Chengdu

  Postal Code: 610015

  Tel: 86752755

  Fax: 86627823

 
 
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