- (Adopted on September 22, 2000 at the 22nd Session of the Standing
Committee of the 11th Shanghai Municipal People' s congress)
- Article 1 These Procedures are formulated in accordance with the provision
under Article 29 of the Organic Law of Villagers' Committees
of the People' s
Republic of China.
- Article 2
- This city' s village autonomous activities and the guarantee thereof shall
follow the Organic Law of Villagers' Committees of
the People' s Republic of
China. Where the Law stipulates no specific provisions, these Procedures shall
apply.
- Article 3
- Villagers' committees are grassroots mass autonomous organizations for
villagers' self-administration, self-education and self-service
in the
exercise of democratic election, democratic decision-making, democratic
administration and democratic supervision.
- Article 4 The rural grassroots organizations of the Communist Party
of China shall work according to the Constitution of
the Communist Party of
China and the Working Rules of Rural Grassroots Organizations of the Communist
Party of China, playing
the role of leading nucleus, supporting and ensuring,
according to the constitution and laws, villagers' carrying out of autonomous
activities and direct exercise of democratic rights.
- Article 5
- The township/town people' s government shall guide, support and help
villagers' committees and broad masses of villagers to establish
and
strengthen the autonomy system and carry out autonomous activities according
to laws, but it shall not interfere in matters
that fall under the village
autonomy according to laws, and shall not occupy or dispose village collective
property at its
discretion. Villagers' committees shall assist the
township/town people' s government in carrying out work, and may handle matters
related to corresponding villages with authorization of the township/town
people' s government. When entrusting villagers'
committees to handle relevant
matters, the township/town people' s government shall give guidance, offer
necessary conditions
or funds and shall, according to law, assume
responsibility for the entrusted matters. Where relevant departments of the
district/county
people' s government really requires villagers' committees to
assist in work or needs to entrust villagers' committees to handle
relevant
matters, in addition to the provision in the previous clause, the unified
arrangement made by the township/town people'
s government shall be followed.
- Article 6 The cancellation and scope adjustment of villagers' committees,
which shall be proposed by the township/town people'
s government and be
accompanied with the disposition scheme of village collective assets, shall be
put into effect with consent
of the village assembly through discussion and
after reporting to the district/county people' s government and obtaining
approval
therefrom. The disposition scheme of village collective assets,
generally including the scope of village collective assets, the
distribution
subjects and disposition time limits, shall be drafted by the villagers'
committee according to the disposition
procedures of village collective assets
and be sent to the township/town people' government for examination and
verification.
The disposition procedures of village collective assets shall be
stipulated by the municipal people' s ernment.
- Article 7 Directors, deputy directors, and members of villagers'
committees shall be elected by villagers according to the provisions
of the
Procedures of Shanghai Municipality on the Election of Villagers' Committees.
Before elections for a new term, villagers'
committees shall audit village
financial affairs of the current term. Directors of villagers' committees and
members of villagers'
committees in charge of financial affairs shall undergo
"leaving the job" auditing before leaving their posts. The auditing
results
shall be published according to the provision under Article 17 of these
Procedures.
- Article 8 Villagers' committees shall perform the following
duties: 1. To carry out the resolutions and decisions of the
village
assembly and village representative conference; 2. To establish and strengthen
rules and regulations for villagers
to carry out autonomous
activities; 3. To draft and implement the village economic and
social development plan and
annual plan corresponding to the township/town
regional plan£» 4. To organize and develop diversified economy of its village£»
5. To educate and urge villagers to observe village autonomy articles, village
rules and conventions£» 6. To standardize finance
and accounting acts, to
manage financial affairs of its village; 7. To properly handle the
relationships with stationed units
and neighbor villages; and Other duties
that villagers' committees shall perform as stipulated by laws and
regulations.
- Article 9 Villagers' committees may set up certain villagers' groups
based on the villagers' residential situation. Villagers'
group leaders shall
be selected from among the villagers of respective groups by villagers' group
meetings, with the term
as long as that of the villagers' committee and with
the term permitted to be renewed by re-selection. The villagers' group
leader,
whose performance most villagers of the group are not satisfied with, may be
altered. The villagers' group meeting
for selection or alteration of
villagers' group leaders shall be called by the villagers' committee. A
villagers' group
leader shall reflect villagers' opinions and suggestions of
his/her group to the villagers' committee and relay relevant provisions
set by
the villagers' committee, and assist the villagers' committee in handling
public affairs and public-interest undertakings
of the village.
- Article 10 The standard of remuneration and subsidy village leading
cadres may be proposed by the township/town people' s
government and be put
into effect after discussion and adoption by the village assembly or the
village representative conference.
The standard of remuneration and subsidy of
other persons engaged in village affairs shall be proposed by the villagers'
committee
and be put into effect after discussion and adoption by the village
assembly or village representative conference.
- Article 11 The village assembly is composed of villagers aged 18 and above
of the village. To hold the village assembly, there
shall be over half of
villagers aged 18 and above of the village, or representatives of over two
thirds of the village' s households
taking part. Any decision made shall be
adopted by over half of the attendees of the assembly. The villagers'
committee shall
call the village assembly. It shall be called with proposal by
more than one tenth of the villagers.
- Article 12 The villagers' committee shall submit the following matters
involving villagers' interests to the village assembly
for discussion and
decision: 1. Village economic and social development plans and annual
working plans£» 2. Reports of
village financial budget, final account, and
income and expense£» 3. Plans for the use of compensation for village land
requisition
and labor placement£» 4. Formation of village affairs supervision
team members; and 5. Other matters that fall under discussion
and decision by
the village assembly as stipulated by laws and regulations. The village
assembly may, if necessary, grant the
functions and powers of the village
assembly stipulated in the previous clause to the village representative
conference for
execution, with the exception of the functions and powers of
electing or recalling villagers' committee members and of mapping
out village
autonomy articles, village rules and conventions. Any resolutions and
decisions made by the village assembly and
village representative conference,
if needing cancellation or modification, shall be submitted to the village
assembly or village
representative conference that has made the resolutions
and decisions for discussion and decision. If the resolutions and decisions
made by the village representative conference or villagers' committee are not
proper, the village assembly has the right to
cancel or modify them.
- Article 13 A village of over 200 households may call the village
representative conference. Village representatives, one
for every 5 to 15
households, are selected by villagers, or the villagers' groups may select
certain persons as representatives.
The number of village representatives
shall not be under 35. Village representatives shall keep a close contact with
villagers,
reflect in time villagers' opinions, proposals and demands. Village
representatives have the same office term as that of villagers'
committee and
may be re-selected for a new term; the households or villagers' groups, if
considering the representative they
have selected incompetent, may alter the
representative. The alteration and by-selection shall follow the original
selection
mode. No organization or individual person can assign, appoint or
arbitrarily alter village representatives.
- Article 14 The village representative conference shall be called by
the villagers' committee, at least once every six months.
With a proposal in
writing made by over one third of village representatives or by the village
affairs supervision team, the
village representative conference shall be
called temporarily. The village representative conference discusses and
decides
on the matters authorized by the village assembly. The villagers'
committee shall make public the subjects for discussion and
the agenda, and
notify village representatives five days before the village representative
conference is held. The village
representatives shall solicit opinions and
suggestions on relevant matters from villagers before the conference is held,
and
report truly at the village representative conference. The village
representative conference can be held only with an attendance
of over two
thirds of village representatives. The resolutions and decisions shall be
adopted by over half of village representatives
and shall not contradict the
resolutions and decisions of the village assembly. The villagers' committee
members and the Party
branch members of the village who do not serve as
village representatives attend the conference as non-voting representatives.
When necessary, the village-stationed units and those who live in the village
but are no villagers of the village may be invited
to send representatives to
attend the village representative conference as non-voting representatives.
- Article 15 The villagers' committee is accountable to the village
assembly. The village assembly audits every year the work report
of the
villagers' committee, and evaluates the villagers' committee members' work.
The evaluation results shall be taken
as one of the standards to determine the
remuneration and subsidy given to villagers' committee members. If over half
of the
attendees of the village assembly consider any members of the
villagers' committee incompetent, they may urge the members to
resign or make
a recall request according to law
- Article 16 The villagers' committee shall organize personnel to prepare
village autonomy articles, village rules and conventions.
The village autonomy
articles generally include the regulations governing village organization,
economic management and social
order, and the code of conducts. In formulation
and revision of village autonomy articles, village rules and conventions,
villagers'
extensive opinions shall be heard. After discussion and adoption by
the village assembly, the articles, rules and conventions
shall be reported to
the township/town people' s government for the record. If there are any
contents out of compliance with
the constitution, laws, regulations and State
policies, the township/town people' s government shall urge the villagers'
committee
to submit them to the village assembly or village representative
conference for revision.
- Article 17 The villagers' committee practices the system of open
village affairs. Village affairs shall be made public in
time, with the
contents being true, complete and clear. The villagers' committee shall set up
a fixed billboard for making
public village affairs at a location convenient
for villagers to have a look, and shall publicize the open village affairs by
additional means such as meetings, broadcasts and open letters. The villagers'
committee shall set files on open village affairs,
keeping record of materials
such as the publishing time and contents of village affairs, opinions of the
village affairs supervision
team and replies to the villagers' inquires, and
shall report to the township/town people' s government for the record. The
files on open village affairs shall be kept properly with the storage period
not less than six years.
- Article 18 The following matters of village affairs shall be made
public: 1. The matters that the village assembly and village
representative
conference shall decide through discussion as stipulated under the provision
of Article 12 of these Procedures
and the implementation thereof; 2. The plan
for carrying out the State family planning policies; 3. Major property,
creditor'
s rights and debts of the village; 4. Remuneration, subsidies and
other treatment, going out for study and inspection, and the
use of business
entertainment expenditures of village leading cadres and other relevant
personnel; 5.The taking out and pay-off
of rural social old-age insurance; 6.
Release of disaster relief funds and goods; 7. Funds defaulted by the
collective to villagers
or funds defaulted by villagers to the collective;
8.Work report of the village affairs supervision team; and 9.Other matters
that are related to the villagers' interests and are extensively concerned
over by the villagers. Matters that over one tenth
of villagers or one third
of village representatives ask to publicize shall be made public by the
villagers' committee. The
expenditures for going out for study and inspection,
and for business entertainment, and other financial revenue and expenditure
mentioned in the two previous clauses shall be made public at least once every
quarter.
- Article 19 The villagers' committee or village representative
conference may select five to seven villagers to make up a
supervision team of
village affairs, whose leader is selected from among the team members. The
village affairs supervision
team members shall love the collective, be
impartial and upright, adhere to principles and have certain capabilities of
business
discussion. There shall be a member with some professional knowledge
of finance and accounting in the supervision team. The supervision
team of
village affairs has the same term as that of the villagers' committee; the
members may be re-selected for a new term.
If villagers are not satisfied with
the work of any member of the village affairs supervision team, the village
assembly or
village representative conference may remove the member in the
original way of selection. The villagers' committee members and
other village
leading cadres and their immediate family members may not serve as the village
affairs supervision team members.
- Article 20 The village affairs supervision team shall urge the
villagers' committee to establish, strengthen and keep on
improving systems on
democratic decision-making, democratic administration and supervision. The
supervision team shall conduct
supervision over the execution of resolutions
and decisions of the village assembly and village representative conference
and
over the publication of village affairs by the villagers' committee. The
team shall collect and reflect villagers' opinions
and suggestions, and urge
the villagers' committee to reply in time. The supervision team leader may
attend the meetings of
villagers' committee as a non-voting representative. If
any decision of the villagers' committee contradicts the resolutions
and
decisions of the village assembly and village representative conference, or
has major mistakes but fails to be corrected
after being pointed out, the
village affairs supervision team may suggest calling the village
representative conference. The
villagers' committee shall, within 15 days from
the proposal date, call the village representative conference to discuss the
matters concerned. The village affairs supervision team shall report on its
work to the village assembly or village representative
conference at least
once a year. The village affairs supervision team shall adopt the principle of
the minority being subordinate
to the majority in making decisions.
- Article 21 Villagers who have any doubt about the contents of the
published village affairs may directly inquire of the villagers'
committee or
put forth opinions, and may, through the village affairs supervision team, ask
the villagers' committee for
an explanation as well. The villagers' committee
shall answer on the spot what can be answered on the spot, and answer within
15 days what cannot be answered on the spot. With approval of the village
affairs supervision team, villagers may check relevant
accounts under the
guidance of relevant departments or professionals.
- Article 22 The villagers' committee shall conscientiously accept
villagers' supervision, support the village affairs supervision
team in the
lawful performance of duties, and make a timely and definite reply to the
opinions and suggestions of villagers
and village affairs supervision team.
- Article 23 If the villagers' committee and its members do any of the
following acts, villagers and the village affairs supervision
team have the
right to report to the township/town people' s government or the
district/county people' s government and relevant
departments: 1. Failing to
make public the matters that shall be published or the matters made public are
not true; 2. Failing
to execute resolutions and decisions of the village
assembly or village representative conference without proper reasons; 3.
Arbitrarily making any decision on, or dealing with, matters that shall be
resolved or decided by the village assembly or village
representative
conference; or 4. Retaliating against villagers or village affairs supervision
team members. The township/town
people' s government or the district/county
people' s government and relevant departments shall be responsible for
investigation
and verification of the acts reported by villagers and the
village affairs supervision team which are listed in the previous clause,
and
shall order to make public or correct what is verified through investigation;
if any illegal act really exists, the party
concerned shall hold liability
according to laws.
- Article 24 Villagers shall abide by laws, regulations and State policies,
observe village autonomy articles, village rules and
conventions, carry out
resolutions and decisions of the village assembly and village representative
conference and perform
the duties obligatory on each villager. In the exercise
of their rights, villagers shall not jeopardize the State and collective
interests and the lawful rights and interests of other organizations and
citizens.
- Article 25 The municipal, district and county people' s congresses
and their standing committees and the township/town people'
s congress shall
ensure the implementation of the Organic Law of Villagers' Committees of the
People' s Republic of China
and these Procedures and ensure villagers' lawful
exercise of autonomy rights within their respective administrative areas.
- Article 26 Relevant departments such as civil affairs department of
the people' s governments at various levels shall do
a good job in the work
concerning the implementation of the Organic Law of Villagers' Committees of
the People' s Republic
of China and these Procedures under the leadership of
the people' s government at the corresponding level.
- Article 27 These Procedures shall become effective on January 1,
2001.
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