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Order of the President of the People’s Republic of China
No.40
The Decision of the Standing Committee of the National People’s Congress on Amending the Law of the People’s Republic of China
on the Protection of Rights and Interests of Women, adopted at the 17th Meeting of the Standing Committee of the Tenth National People’s
Congress of the People’s Republic of China on August 28, 2005, is hereby promulgated and shall go into effect as of December 1,
2005.
Hu Jintao
President of the People’s Republic of China
August 28, 2005
(Adopted at the 17th Meeting of the Standing Committee of the Tenth National People’s Congress on August 28, 2005)
At its 17th Meeting, the Standing Committee of the Tenth National People’s Congress decided to make the following amendments to
the Law of the People’s Republic of China on the Protection of Rights and Interests of Women:
1. Article 2 is revised to read: “Women shall enjoy equal rights with men in all aspects of political, economic, cultural, social
and family life.
“Equality between men and women is a basic State policy. The State takes the necessary measures to gradually improve the systems
for protecting the rights and interests of women, in order to eliminate all forms of discrimination against women.
“ The State protects the special rights and interests enjoyed by women according to law.
“Discriminating against, maltreating, abandoning, and physically abusing women are prohibited.”
2. One article is added as Article 3, which reads: “ The State Council shall formulate an outline for the development of Chinese
women and include such outline in the national economic and social development plan.
“Local people’s governments at or above the county level shall, in accordance with the outline for the development of Chinese
women, formulate programs for the development of women in their respective administrative regions and include the programs in their
national economic and social development plans.”
3. Article 4 is changed to be Article 6 and is revised to read: “ People’s government at all levels shall attach great importance
to and strengthen the protection of the rights and interests of women.
“Institutions in charge of work for women and children under the people’s governments at or above the county level shall be responsible
to organize, coordinate, direct and urge the relevant departments concerned to ensure the protection of women’s rights and interests.
“The relevant departments of the people’s governments at or above the county level shall, within the scope of their duties, ensure
the protection of women’s rights and interests.”
4. Article 5 is changed to be Article 7 and is revised to read: “The All-China Women’s Federation and local women’s federations
at various levels shall, in accordance with law and the Constitution of the All-China Women’s Federation, represent and uphold
the interests of women of all nationalities and all walks of life, and strive to safeguard the rights and interests of women.
“The trade unions and the Communist Youth League organizations shall, within the scope of their respective work, strive to safeguard
the rights and interests of women.”
5. Article 9 is changed to be Article 10, and two paragraphs are added as the second and third paragraph, which read: “ When formulating
laws, regulations, rules and public policies, the relevant departments shall, where major questions related to women’s rights and
interests are concerned, listen to the opinions of the women’s federations.
“Women and women’s organizations shall have the right to advance their opinions and suggestions to State organs at various levels
with regard to protection of the rights and interests of women.”
6.Article 10 is changed to be Article 11, and the second paragraph is revised to read: “Among deputies to the National People’s
Congress and local people’s congresses at various levels, there shall be an appropriate number of women deputies. The State takes
measures to gradually increase the proportion of the women deputies among deputies to the National People’s Congress and local
people’s congresses at various levels.”
One paragraph is added as the third paragraph, which reads: “ Among members of the residents’ committees and villager’s committees,
there shall be an appropriate number of women members.”
7. Article 11 is changed to be Article 12, and the second paragraph is revised to read: “State organs, public organizations,
enterprises and institutions shall, in training, selecting and appointing cadres, adhere to the principle of equality between men
and women, and there shall be an appropriate number of women leading members.”
8. Article 12 is changed to be Article 13, and one paragraph is added as the first paragraph, which reads: “The All-China Women’s
Federation and local women’s federations at various levels shall represent women to take an active part in democratic decision-making,
management and supervision of State and social affairs.”
9. Article 15 is changed to be Article 16, and one paragraph is added as the second paragraph, which reads: “With exception of
special subjects, no schools shall, in enrolling students, refuse to enroll women on the pretext of sex or raise the enrollment standards
for women.”
10. Article 17 is changed to be Article 18, and the third paragraph is revised to read: “ The governments, society and schools
shall take effective measures to solve the actual difficulties of female school-age children or adolescents in schooling and create
the necessary conditions to ensure that the needy, disabled and migrant female school-age children or adolescents finish compulsory
education.”
11. Article 19 is changed to be Article 20 and is revised to read: “People’s governments at various levels and the departments
concerned shall, in light of the need of urban and rural women, take measures to organize women in receiving vocational education
and practical technological training.”
12. The heading of Chapter IV is revised to read: “ Rights and Interests Relating to Work and Social Security. ”
13. Article 21 is changed to be Article 22 and is revised to read: “ The State guarantees that women enjoy equal rights, with men,
to work and to social security.”
14. Article 22 is changed to be Article 23, and one paragraph is added as the second paragraph, which reads: “When employing female
workers and staff members, the employing units shall, according to law, conclude labour (or employment) contracts or service agreements
with them. No clauses that restrict marriage and childbearing of female workers and staff members shall be proscribed in the labour
(or employment) contracts or the service agreements.”
The second paragraph is changed to be the third paragraph, which reads: “Employing of female minors under the age of 16, except
where otherwise prescribed by the State, is prohibited.”
15. Article 23 is changed to be Article 24 and is revised to read: “Equal pay for equal work shall be applied to men and women
alike. Women shall enjoy equal rights with men in receiving welfare benefits.”
16. Article 26 is changed to be Article 27 and is revised to read: “ No unit shall reduce the salaries or wages of female workers
and staff members, or dismiss them, or unilaterally cancel the labour (or employment) contracts or service agreements with them because
they are married, pregnant, on maternity leave or breast-feeding, except where female workers and staff members request termination
of the labour (or employment) contracts or service agreements themselves.
“In implementing the retirement system of the State, no unit shall discriminate against women on the pretext of sex.”
17.Article 27 is changed to be Article 28 and is revised to read: “ The State develops social insurance, social relief, social
welfare and medical and health services to guarantee that women enjoy social insurance, social relief, social welfare and health
care services, and other rights and interests.
“ The State advocates and encourages public welfare activities that aim to help women.”
18. One article is added as Article 29, which reads: “ The State promotes a childbearing insurance system, and establishes other
sound security systems relating to childbearing.
“Local people’s governments at various levels and the departments concerned shall, in accordance with relevant regulations, provide
the necessary childbearing relief to needy women.”
19. Article 30 is changed to be Article 32 and is revised to read: “Women shall enjoy equal rights with men in contracted management
of land, distribution of the earnings of the collective economic organizations, use of the compensations for expropriated or requisitioned
land and use of housing sites in rural areas.”
20.One article is added as Article 33, which reads: “No organizations or individuals shall infringe upon women’s rights and interests
in rural collective economic organizations on the pretext of their being single, married, divorced and widowed.
“If a man moves to the domicile of a woman for marriage, the man and his children shall enjoy equal rights and interests with the
other members of the rural collective economic organizations at the place of their residence.”
21. Article 35 is changed to be Article 38 and is revised to read: “Women’s right of life and health is inviolable. Drowning,
abandoning or cruel infanticide in any manner of female babies is prohibited; discriminating against or maltreating of women who
give birth to female babies or women who are sterile is prohibited; cruel treatment causing bodily injury to or death of women by
means of superstition or violence is prohibited; maltreating or abandoning of women who are ill, disabled or aged is prohibited.”
22. Article 36 is changed to be Article 39 and is revised to read: “Abducting of, trafficking in, or kidnapping of women is prohibited;
buying of women who are abducted, trafficked in, or kidnapped is prohibited; obstructing the rescue of women who are abducted, trafficked
in, or kidnapped is prohibited.
“People’s governments at various levels and the departments of public security, civil affairs, labour and social security, and
health shall, in compliance with their respective duties, take timely measures to rescue women who are abducted, trafficked in or
kidnapped and well settle the problems arising thereafter, and women’s federations shall assist and cooperate with the governments
and departments in doing a good job of the above. No one shall discriminate against the women who are abducted, trafficked in, or
kidnapped.”
23. One article is added as Article 40, which reads: “Sexual harassment against women is prohibited. The female victims shall
have the right to file complaints with the units where they work and the departments concerned.”
24. Article 37 is changed to be Article 41, and the second paragraph is revised to read: “Arranging for, forcing or luring women
to engage in prostitution, providing shelters for prostitution, or instigating women to engage in prostitution, or acting indecently
against women is prohibited.”
One paragraph is added as the third paragraph, which reads: “Arranging for, forcing or luring women to give obscene performances
is prohibited.”
25. Articles 38 and 39 are merged into one article as Article 42 and are revised to read: “Women’s rights of personality, including
their right of reputation, right of honor, right of privacy and right of portrait, shall be protected by law.
“ Besmirching women’s personal dignity by such means as humiliation and libel is prohibited. Decrying or besmirching women’s
personality through the mass media or by other means is prohibited. The use of a woman’s portrait for profit-making purposes in
advertisements, trademarks, window display, newspapers, magazines, books, audio-video products, electronic publications, internet,
etc., without the women’s personal consent, is prohibited.”
26. Article 42 is changed to be Article 45 and is revised to read: “A husband shall not apply for a divorce when his wife is pregnant,
or is within one year after the birth of the child, or within six months after the termination of her gestation. This restriction
shall not apply in a case where the wife applies for a divorce, or where the people's court deems it necessary to accept the application
for divorce made by the husband.”
27. One article is added as Article 46, which reads: “Domestic violence against women is prohibited.
“The State takes measures to prevent and stop domestic violence.
“The departments of public security, civil affairs, judicial administration, etc., as well as urban and rural mass organizations
of self-governance at the grass-roots level and public organizations shall, within the scope of their respective duties, prevent
and stop domestic violence, and provide succour to female victims.”
28. Article 43 is changed to be Article 47, and one paragraph is added as the second paragraph, which reads: “Where the husband
and the wife agree in writing that the property acquired separately by them during the period in which their wedlock exists is owned
by them likewise, and the wife has been shouldering more duties in respect of bringing up the child, taking care of the old, assisting
the husband in work, etc., she shall, at the time of divorce, have the right to request the husband to make compensation for the
above.”
29. Article 44 is changed to be Article 48, the first and fourth paragraphs are deleted, and this Article is revised to read: “At
the time of divorce, the husband and the wife shall seek agreement regarding the disposition of their jointly possessed houses; if
they fail to reach an agreement, the people's court shall make a judgment in light of the actual conditions of both parties and in
adhering to the principle of taking into consideration the rights and interests of their child (children) and the wife, except where
otherwise agreed upon by the two parties.
“In a case where the husband and the wife jointly rent a house or a room, the wife's housing problem shall, at the time of divorce,
be solved according to the principle of taking into consideration the rights and interests of their child (children) and the wife.”
30. Article 47 is changed to be Article 51, and one paragraph is added as the third paragraph, which reads: “The State institutes
a system of premarital health care and health care for the pregnant and lying-in periods and develops the maternal and infant health
care undertakings. People’s governments at various levels shall take measures to ensure women’s access to technical services
for family planning in order to improve their reproductive health.”
31. The first paragraph of Article 48 is changed to be Article 52 and is revised to read: “When a woman's lawful rights and interests
are infringed upon, she has the right to request the department concerned for disposition according to law, or according to law,
apply to an arbitral body for arbitration, or bring a lawsuit in a people's court.
“Where a woman in strained circumstances needs legal aid or judicial relief, the local legal aid institution or people’s court
shall help her and provide her with legal aid or judicial relief in accordance with law.”
32. The second paragraph of Article 48 is changed to be Article 53 and is revised to read: “When a woman's lawful rights and interests
are infringed upon, she may file a complaint with a women's organization, which shall protect the lawful rights and interests of
the victim and have the right to request and help the department or unit concerned to investigate and deal with the case. The said
department or unit shall investigate and deal with the case according to law and give a reply afterwards.”
33.One article is added as Article 54, which reads: “Women’s organizations shall support the women victims who need help in lawsuits.
“ A women’s federation or a women’s organization concerned may expose and criticize through the mass media the acts infringing
upon the lawful rights and interests of special groups of women, and shall have the right to request the department concerned to
investigate and deal with the cases according to law.”
34. Subparagraph (5) under the first paragraph of Article 50 is changed to be Article 55 and is revised to read: “Where an entity,
in violation of the provisions of this Law, infringes upon a woman’s rights and interests in a rural collective economic organization
on the pretext of her being single, married, divorced or widowed, or infringes upon the equal rights and interests enjoyed by a man,
who moves to the domicile of a woman for marriage, and his children with the members of the rural collective economic organization
at the place of their residence, the township people’s government shall mediate in accordance with law; the victims on their part
may, according to law, apply for arbitration to an arbitral body specialized in matters of rural land contracts, or bring a suit
in a people’s court, which shall accept the case according to law.”
35. Articles 49 and 52 are merged into one article as Article 56, which is revised to read: “Where administrative sanctions are
prescribed by other laws and regulations for the infringement upon the lawful rights and interests of women in violation of the provisions
of this Law, the provisions of those laws and regulations shall prevail; where such an infringement causes loss of property or other
damages, the infringer shall bear civil responsibilities according to law; if a crime is constituted, criminal responsibilities shall
be investigated according to law.”
36. Article 50 is changed to be Article 57 and is revised to read: “Where a person, in violation of the provisions of this Law,
evades, delays or suppresses the investigation and disposition of a complaint, a charge or an exposure regarding the infringement
upon a woman’s rights and interests, or retaliates against the woman who make the compliant, charge or exposure, the unit where
the person works or the department in charge or at a higher level shall instruct him to rectify, and give administrative sanctions
according to law to the person directly in charge of the unit and the other persons directly responsible.
“Where a State organ and its functionaries fail to perform their duties according to law, or fail to stop, in a timely manner,
the acts infringing upon the lawful rights and interests of women or to provide the women victims with the necessary help, thus serious
consequences ensue, the unit where the organ and its functionaries belong or the organ at a higher level shall, according to law,
give administrative sanctions to the person directly in charge of the State organ and the other persons directly responsible.
“Where a person, in violation of the provisions of this Law, infringes upon women’s rights and interests relating to culture
and education, to work and social security, to the person and property, and to marriage and family, the unit where the person belongs
or the department in charge or at a higher level shall instruct him to rectify; and the person directly in charge and the other persons
directly responsible, if they are State functionaries, shall be given administrative sanctions according to law by the units where
they belong or by an organ at a higher level.”
37. One article is added as Article 58, which reads: “ Where a person, in violation of the provisions of this Law, commits sexual
harassment or domestic violence against a woman, if such act constitutes a violation of the regulations for administration of public
security, the victim may apply to a public security organ for an administrative sanction against the violator according to law, and
may also bring a civil suit in a people’s court according to law.”
38. Article 51 is changed to be Article 59 and is revised to read: “Where an entity, in violation of the provisions of this Law,
decries and damages a woman’s personality through the mass media or by other means, the department of culture, radio, film and
television, the press and publication, or a relevant department shall, in compliance with their respective functions and powers,
instruct it to rectify and give it an administrative sanction according to law.”
39. Article 53 is changed to be Article 60 and the first paragraph is deleted; the second paragraph is changed to be the first paragraph;
the third paragraph is changed to be the second paragraph; and they are revised to read: “The standing committees of the people's
congresses of provinces, autonomous regions, and municipalities directly under the Central Government may formulate measures for
implementation on the basis of this Law.
“The people's congresses of national autonomous areas may formulate regulations with appropriate adaptations or supplements in
accordance with the principles laid down in this Law and in light of the specific conditions of the local ethnic women. The regulations
formulated by autonomous regions shall be submitted to the Standing Committee of the National People's Congress for approval before
going into effect; the regulations formulated by autonomous prefectures or autonomous counties shall be submitted to the standing
committees of the people's congresses of the relevant provinces, autonomous regions, or the municipalities directly under the Central
Government for approval before going into effect, and shall be submitted to the Standing Committee of the National People's Congress
for the record.”
This Decision shall go into effect as of December 1, 2005.
The Law of the People’s Republic of China on the Protection of Rights and Interests of Women shall be promulgated anew after the
revisions are made according to this Decision and the order of the articles is rearranged accordingly.
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