Laws of the People's Republic of China

(Effective Date 1995.02.28)

At its 12th Meeting, the Standing Committee of the Eighth National People's Congress decided, in accordance with the Constitution, the basic principles of the Organic Law of the Local People's Congresses and Local People's Governments and the practical experience gained over the past few years, to make the following revisions and supplements to the Organic Law of the Local People's Congresses and Local People's Governments of the People's Republic of China:

1. Article 6 is revised as follows: "The term of office of the people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures, counties, autonomous counties, cities and municipal districts shall be five years. The term of office of the people's congresses of townships, nationality townships and towns shall be three years."

2. The phrase "protection of the environment and natural resources" is added respectively to sub-paragraph (3) of Article 8, sub-paragraph (4) of Article 39 and sub-paragraph (5) of Article 51.

Sub-paragraph (13) of Article 8, sub-paragraph (10) of Article 9, subparagraph (7) of Article 51 and sub-paragraph (4) of Article 52 are respectively revised as follows:" protect the legitimate rights and interests of various economic organiza-tions".

3. One sub-paragraph is added to Article 9 as sub-paragraph 6, which reads: "elect the chairman and vice-chairmen of the people's congress at the corresponding level".

4. One article is added as Article 14: "The people's congress of a township, nationality township or town shall have a chairman, and may have one or two vice-chairmen. The chairman and vice-chairmen shall be elected from among the deputies to the people's congress at the corresponding level, and their term of office shall be the same as that of each people's congress at that level.

"The chairman or vice-chairmen of the people's congress of a township, nationality township or town shall not concurrently hold office in an administrative organ of the State; if they hold office in an administrative organ of the State, they must resign from the post of the chairman or vice-chairman of the people's congress at that level.

"The chairman or vice-chairmen of the people's congress of a township, nationality township or town shall, during the period when the people's congress at the corresponding level is not in session, be responsible for keeping in touch with the deputies to the people's congress at that level, organizing the deputies to conduct activities, and conveying the suggestions, criticisms and opinions of the deputies and the masses regarding the work of the people's government at the same level."

5. Article 14 is changed to be Article 15, to which the following provisions are added: "The chairman and vice-chairmen of the people's congress of a township, nationality township or town shall be the members of the presidium."

6. Article 16 is changed to be Article 17 and is revised as follows: "Members of the local people's governments at or above the county level, the presidents of the People's Courts, the chief procurators of the People's Procuratorates, and the leading persons of the people's governments at the township level shall attend sessions of the people's congresses at the corresponding levels as nonvoting delegates; leading members of the other relevant government departments and public organizations at or above the county level may, by decision of the standing committees of the people's congresses at the corresponding levels, attend sessions of the people's congresses at the corresponding levels as nonvoting delegates."

7. Article 17 is changed to be Article 18, and the third paragraph of the Article is revised as follows: "With agreement of the presidium, deliberation shall be terminated on a bill or proposal placed on the agenda of a session, if the party that submitted the bill or proposal requests its withdrawal before it is referred to the congress for a vote."

8. The first paragraph of Article 20 is changed to be Article 21 and revised as follows: "Members of the standing committee of local people's congresses at or above the county level, choices for chairmen and vice-chairmen of the people's congresses of townships, nationality townships or towns, governors and deputy governors, chairmen and vice- chairmen of autonomous regions, mayors and deputy mayors, heads and deputy heads of prefectures, heads and deputy heads of counties, districts, townships and towns, presidents of the People's Courts and chief procurators of the People's Procuratorates shall be nominated by the presidiums of the people's congresses at the corresponding levels or jointly nominated by deputies in accordance with the provisions of this Law.

"Thirty or more deputies to the people's congress of a province, autonomous regions or municipality directly under the Central Government, or twenty or more deputies to the people's congress of a city divided into districts or of an autonomous prefecture, or ten or more deputies to the people's congress at the county level may nominate, with joint signatures, the candidates for members of the standing committee of the people's congress at the corresponding level, leading persons of the people's government, the president of the People's Court and the chief procurator of the People's Procuratorate at the same level. Ten or more deputies to the people's congress of a township, nationality township or town may nominate, with joint signatures, candidates for the chairman and vice-chairmen of the people's congress at the corresponding level and leading persons of the people's government at the same level. Deputies elected from different electoral districts or electoral units may deliberate on and jointly nominate candidates.

"The number of candidates nominated by a presidium or jointly nominated by each deputy together with other deputies shall not exceed the number of persons to be elected.

"Nominators shall make a trustful introduction of their nominees."

9. The second paragraph of Article 20 is changed to be Article 22 and revised as follows: "In elections for chairmen and secretaries-general of the standing committees of the people's congresses, chairmen of the people's congresses of townships, nationality townships or towns, heads of people's governments, presidents of the People's Courts and chief procurators of the People's Procuratorates, there shall generally be one more candidate than the number of persons to be elected, and a competitive election shall be conducted. If only one candidate is nominated, a non-competitive election may be conducted. In elections for vice-chairmen of the standing committees of the people's congresses, deputy chairmen of the people's congresses of townships, nationality townships or towns, and deputy heads of the people's governments, there shall be one to three more candidates than the number of persons to be elected; in elections for members of the standing committees of the people's congresses, there shall be one-tenth to one-fifth more candidates than the number of persons to be elected. The specific differential number shall be prescribed by the people's congresses at the corresponding levels in the electoral measures on the basis of the number of persons to be elected. And the competitive election shall be conducted. If the number of candidates nominated is the same as the differential number prescribed in the electoral measures, the presidium of a people's congress shall submit the list of candidates to the deputies for deliberation and discussion, before election is conducted. If the number of candidates nominated exceeds the differential number prescribed in the electoral measures, a preliminary election shall be conducted after the deputies deliberate and discuss the list of candidates submitted by the presidium, and an official list of candidates shall, in accordance with the differential number prescribed in the electoral measures, be determined by order of the votes that the candidates obtain in the preliminary election, and then election shall be conducted.

"When leading persons of State organs at the corresponding levels are to be elected by local people's congresses at or above the county level, the time for nomination and consideration of candidates shall be not less than two days."

10. The third paragraph of Article 20 is changed to be Article 23.

11. One article is added as Article 24: "In elections for leading persons of State organs conducted by local people's congresses at the corresponding levels, when the number of candidates who obtain more than half of the votes exceeds the number of leading persons to be elected, those who obtain more votes shall be elected. If the number of votes for some candidates is tied, thus making it impossible to determine the elected, another balloting shall be conducted for those candidates to resolve the tie, and those who obtain more votes shall be elected.

"If the number of the elected persons who obtain more than half of the votes is less than the number of persons needed to be elected, another election shall be held to make up the difference, the candidates for another election may be determined by order of the votes they obtain in the first balloting, or may be nominated and determined in accordance with the procedures provided by this Law. Another election for making up the difference may be held at the current session or the next session of the people's congress upon decision by the people's congress at the corresponding level.

"When another election is held to elect the vice-chairmen and members of the standing committee of a people's congress, the vice-chairmen of the people's congress of a township, nationality township or town, and the deputy heads of a people's government, competitive election shall be conducted after the differential number is determined in accordance with the provisions in the first paragraph of Article 22 of this Law."

12. The fourth paragraph of Article 20 is changed to be Article 25: After "When by-elections are held by the local people's congresses at various levels for chairmen, vice-chairmen, secretaries-general and members of their standing committees," is added "chairmen and vice- chairmen of the people's congresses of townships, nationality townships or towns".

13. Article 21 is changed to be Article 26, and the "leading personnel of the people's government" in the first paragraph is revised to be: "members of the people's government."

The second paragraph is revised as follows: "When the people's congress of a township, nationality township or town is in session, the presidium or a group of at least one-fifth of the deputies may submit a proposal to remove from office the chairman or vice-chairmen of the people's congress, the head or deputy heads of the township or town; the presidium shall refer the proposal to the congress for deliberation."

One paragraph is added as paragraph 3: "In a proposal for removal from office, reasons for the removal shall clearly be stated."

One paragraph is added as paragraph 4: "Persons proposed to be removed from office shall have the right to defend themselves at a meeting of the presidium or at the plenary meeting of a session, or to submit their written defence. The defence made at the meeting of the presidium or the written defence shall be printed and distributed to participants of the session by the presidium."

One paragraph is added as paragraph 5: "The proposal for removal from office submitted to a local people's congress at or above the county level shall, after being distributed by the presidium to the participants for deliberation, be submitted to the plenary meeting of the session for voting; or the presidium shall, subject to decision of the plenary meeting of the session, propose to organize an investigation committee, and the proposal for removal from office shall be deliberated and decided at the next session of the people's congress at the corresponding level on the basis of the report prepared by the investigation committee."

14. Article 22 is changed to be Article 27, and the original provision of the Article "A leading functionary of a local people's government at any level, a standing committee member of a local people's congress at or above the county level, the president of a People's Court or the chief procurator of a People's Procuratorate may submit his resignation to the people's congress at the corresponding level, which shall decide whether or not to accept the resignation" is revised as follows: "A component member of the standing committee of a local people's congress at or above the county level, a leading person of a local people's government, the president of a People's Court or the chief procurator of a People's Procuratorate at or above the county level may submit the resignation to the people's congress at the corresponding level, which shall decide whether or not to accept the resignation."

One paragraph is added as paragraph 2: "The chairman or vice-chairman of the people's congress of a township, nationality township or town, the head or deputy head of a township or town may submit his resignation to the people's congress at the corresponding level, which shall decide whether or not to accept the resignation."

15. Article 23 is changed to be Article 28 and is revised as follows: "When a local people's congress at any level is in session, a group of at least ten of the deputies may submit a written proposal for addressing questions to the people's government or any of its departments, the People's Court or the People's Procuratorate at the corresponding level. In the proposal shall clearly be stated to whom the questions are addressed and the specific questions themselves.

The presidium shall decide whether to refer the proposal to the organ addressed for an oral reply at the meeting of the presidium, or at the plenary meeting of a session, or at the meeting of a relevant special committee, or for a written reply. Where a reply is made at a meeting of the presidium or of the special committee, the deputies who submit the proposal shall have the right to attend the meeting as nonvoting delegates and express their opinions; when the presidium considers it necessary, it may have the report on the reply printed and distributed to the session.

"If the reply is to be made orally, the leading person of the organ addressed shall be present at the meeting to give the reply; if the reply is to be made in writing, it shall be signed by the leading person of the organ addressed, and the presidium shall have it printed and distributed to the session or to the deputies who address the questions."

16. Article 26 is changed to be Article 31 and is revised as follows: "A local people's congress at or above the county level may appoint an investigation committee on specific questions.

"The presidium or a group of at least one-tenth of the deputies may submit to the session of the people's congress a proposal for organizing an investigation committee on specific questions, which shall be submitted by the presidium to the plenary meeting for decision.

"An investigation committee shall be composed of a chairman, vice- chairmen and members, who shall be nominated by the presidium from among the deputies and be submitted to the plenary meeting for approval.

"An investigation committee shall present an investigation report to the people's congress at the corresponding level. And the people's congress may make an appropriate resolution on the basis of the report presented by the investigation committee. The people's congress may authorize its standing committee to listen to the investigation report of the investigation committee, and the standing committee may make an appropriate resolution and report to the next session of the people's congress for the record."

17. The words "recall and replace" in paragraph 2 of Article 33 and in sub-paragraph (13) of Article 39 is revised to read: "remove from office."

18. Article 36 is changed to be Article 41, the fourth paragraph of which is revised as follows: "The number of component members on the various standing committees shall be as follows:

"(1) 35 to 65 members for those of provinces, autonomous regions, and municipalities directly under the Central Government and no more than 85 members for those of provinces with populations exceeding 80 million;

"(2) 13 to 35 members for those of cities divided into districts and for autonomous prefectures and no more than 45 members for those of cities divided into districts with populations exceeding eight million; and

"(3) 11 to 23 members for those of counties, autonomous counties, cities not divided into districts, and municipal districts and no more than 29 members for those of counties, autonomous counties, cities not divided into districts, and municipal districts with populations exceeding one million."

One paragraph is added as paragraph 5: "The number of component members on the standing committee of the people's congress of a province, autonomous region and municipality directly under the Central Government shall, in accordance with the provisions of the preceding paragraph, be determined on the basis of the size of the local population by the people's congress of the province, autonomous region and municipality directly under the Central Government. The number of component members on the standing committee of the people's congress of an autonomous prefecture, county, autonomous county, city and municipal district shall, in accordance with the provisions of the preceding paragraph, be determined on the basis of the size of the local population by the standing committee of the people's congress of a province, autonomous region and municipality directly under the Central Government. After the number of component members on the standing of a people's congress is determined, it shall no longer be altered during the term of office of the current people's congress."

19. Article 41 is changed to be Article 46, and one paragraph is added as paragraph 1: "The council of chairmen of the standing committee of a local people's congress at or above the county level may submit to the standing committee of the people's congress at the corresponding level bills and proposals within the scope of the functions and powers of the standing committee, which shall be deliberated at the meeting of the standing committee."

20. Article 42 is changed to be Article 47 and is revised as follows: "A group of five or more standing committee members of the people's congress of a province, autonomous region, municipality directly under the Central Government, autonomous prefecture, or a city divided into districts or a group of three or more standing committee members of a people's congress at the county level may, when the standing committee is in session, submit to the standing committee written proposals for addressing questions to the people's government, People's Court or People's Procuratorate at the corresponding level. In the proposal shall clearly be stated to whom the questions are addressed and the specific questions themselves.

"The council of chairmen shall decide whether to refer the proposal to the organ addressed for an oral reply at the plenary meeting of the standing committee or at the meeting of a relevant special committee, or for a written reply. Where a reply is made at a meeting of the special committee, the component members of the standing committee who submit the proposal shall have the right to attend the meeting as nonvoting delegates and express their opinions; when the council of chairmen considers it necessary, it may have the report on the reply printed and distributed to the session.

"If the reply is to be made orally, the leading person of the organ addressed shall be present at the meeting to give the reply; if the reply is to be made in writing, it shall be signed by the leading person of the organ addressed, and the council of chairmen shall have it printed and distributed to the session or to the component members of the standing committee who address the questions."

21. One article is added as Article 51, which reads as follows: "The credentials committee shall examine whether elections for deputies are conducted in conformity with the provisions prescribed by law."

22. One article is added as Article 52, which reads as follows: "The council of chairmen or a group of at least one-fifth of the component members of the standing committee may submit to the standing committee of the people's congress at the corresponding level a proposal for organizing an investigation committee on specific questions, which shall be submitted to the plenary meeting for decision.

"An investigation committee shall be composed of a chairman, vice- chairmen and members, who shall be nominated by the council of chairmen from among the component members of the standing committee and other deputies and be submitted to the plenary meeting for approval.

"The investigation committee shall present an investigation report to the standing committee of the people's congress at the corresponding level. And the standing committee may make an appropriate resolution on the basis of the report made by the investigation committee."

23. Article 46 is changed to be Article 53 and is revised as follows: "A standing committee may set up administrative offices and other working organs according to its needs in work.

"The standing committee of the people's congress of a province and autonomous region may set up administrative offices in the prefectures under its jurisdiction."

24. Article 48 is changed to be Article 55, and one paragraph is added as paragraph 3, which reads as follows: "The local people's governments at various levels must perform their administrative functions and powers in accordance with law."

25. One article is added as Article 57, which reads as follows: "After leading persons of a new people's government are elected according to law, they shall, within two months, request to the standing committee of the people's congress at the corresponding level to appoint the secretary-general of the people's government, department directors, bureau directors, commission chairmen and section chiefs."

26. Articl 50 is changed to be Articl 58 and is revised as follows: "The term of office of the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures, counties, autonomous counties, cities and municipal districts shall be five years. The term of office of the people's governments of townships, nationality townships, and towns shall be three years."

27. The provisions in sub-paragraph (1) of Article 51 which reads: "The people's government of a province, autonomous region, municipality directly under the Central Government or city where a provincial or autonomous regional people's government is located may draw up regulations in accordance with the law and the State Council's administrative rules and regulations; with the approval of the State Council, the people's government of a relatively large city may do the same" are made a separate article, that is, Article 60, and are revised as follows:

"The people's government of a province, autonomous region or municipality directly under the Central Government may formulate rules in accordance with laws, administrative rules and regulations as well as the local regulations of the province, autonomous region or municipality directly under the Central Government, and report them to the State Council and the standing committee of the people's congress at the corresponding level for the record. The people's government of a city where a provincial or autonomous regional people's government is located, or of a relatively large city, approved as such by the State Council, may formulate rules in accordance with laws, administrative rules and regulations as well as the local regulations of the province or autonomous region, and report them to the State Council, the standing committee of the people's congress and the people's government of the province or autonomous region, and the standing committee of the people's congress at the corresponding level for the record.

"Rules to be formulated in accordance with the provisions of the preceding paragraph must be discussed and decided by the executive meeting or the plenary meeting of the people's government at the corresponding level."

28. Article 55 is changed to be Article 64 and the following provisions are added at the end of the third and fourth paragraphs: "and to the standing committees of the people's congresses at the corresponding levels for the record."

29. Article 57 is changed to be Article 66 and is revised as follows: "The working offices of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall be under the unified leadership of the respective people's governments as well as the operational guidance or leadership of the competent departments of the State Council in accordance with law or the provisions of administrative rules and regulations.

"The working offices of the people's governments of autonomous prefectures, counties, autonomous counties, cities and municipal districts shall be under the unified leadership of the respective people's governments as well as the operational guidance or leadership of the competent departments of the people's governments at higher levels in accordance with law or the provisions of administrative rules and regulations."

In addition, in agreement with this Decision, corresponding adjustments and revisions shall be made to the wording of certain clauses and the order of certain articles, paragraphs and sub-paragraphs.

This Decision shall go into effect as of the date of promulgation.

The Organic Law of the Local People's Congresses and Local People's Governments of the People's Republic of China shall be revised according to this Decision and promulgated anew.