Organic Law of the Local People's Congresses and Local People's Governments of the People's Republic of China
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(Adopted at the Second Session of the Fifth National People's Congress on July 1, 1979, promulgated by Order No.1 of the Chairman of the Standing Committee of the National People's Congress on July 4, 1979 and effective as of January 1, 1980; amended for the first time in accordance with the Resolution on Revising Certain Provisions of the Organic Law of the Local People's Congresses and Local People's Governments of the People's Republic of China, adopted at the Fifth Session of the Fifth National People's Congress on December 10, 1982; amended for the second time in accordance with the Decision on Revising the Organic Law of the Local People's Congresses and Local People's Governments of the People's Republic of China, adopted at the 18th Meeting of the Standing Committee of the Sixth National People's Congress on December 2, 1986; amended for the third time in accordance with the Decision on Revising the Organic Law of the Local People's Congresses and Local People's Governments of the People's Republic of China, adopted at the 12th Meeting of the Standing Committee of the Eighth National People's Congress on February 28,1995; and amended for the fourth time in accordance with the Decision on Amending the Organic Law of the Local People's Congresses and Local People's Governments of the People's Republic of China adopted at 12th Meeting of the Standing Committee of the Tenth National People's Congress on October 27, 2004)
Contents
Chapter I General Provisions
Chapter II Local People's Congresses at Various Levels
Chapter III The Standing Committees of Local People's Congresses at and Above the County Level
Chapter IV Local People's Governments at Various Levels
Chapter V Supplementary Provisions
Chapter I General Provisions
Article 1 People's congresses and people's governments shall be established in provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures, counties, autonomous counties, cities, municipal districts, townships, nationality townships, and towns.
Article 2 Standing committees shall be established by local people's congresses at and above the county level.
Article 3 The organs of self-government of autonomous regions, autonomous prefectures and autonomous counties shall, in addition to exercising the functions and powers specified in this Law, exercise the power of autonomy within the limits of their authority as prescribed by the Constitution, the Law on Regional National Autonomy and other laws.
Chapter II Local People's Congresses at Various Levels
Article 4 Local people's congresses at various levels shall be local organs of State power.
Article 5 Deputies to the people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures and cities divided into districts shall be elected by the people's congresses at the next lower level; deputies to the people's congresses of counties, autonomous counties, cities not divided into districts, municipal districts, townships, nationality townships, and towns shall be elected directly by their constituencies.
The number of deputies to the local people's congresses at various levels and the manner of their election shall be prescribed by the electoral law. There shall be an appropriate number of deputies elected from the minority nationalities in each administrative area.
Article 6 The term of office of the local people's congresses at various levels shall be five years.
Article 7 The people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government may, in the light of the specific conditions and actual needs of their respective administrative areas, formulate and promulgate local regulations, which must not contravene the Constitution and other laws, as well as administrative regulations; they shall report such local regulations to the Standing Committee of the National People's Congress and the State Council for the record.
The people's congresses of cities where provincial and autonomous regional people's governments are located and the people's congresses of relatively large cities with the approval of the State Council may, in the light of the specific conditions and actual needs of their respective cities, formulate local regulations, which must not contravene the Constitution and other laws, administrative regulations, and the local regulations of their respective provinces and autonomous regions; they shall report such local regulations to the standing committees of the people's congresses of the respective provinces and autonomous regions for approval before implementation and for submission to the Standing Committee of the National People's Congress and the State Council for the record.
Article 8 Local people's congresses at and above the county level shall exercise the following functions and powers:
(1) to ensure the observance and execution, in their respective administrative areas, of the Constitution and other laws, administrative regulations and the resolutions of the people's congresses and their standing committees at higher levels, and to ensure the implementation of the State plan and the State budget;
(2) to examine and approve the plans for national economic and social development and budgets of their respective administrative areas and the reports on the implementation of such plans and budgets;
(3) to discuss and decide on major issues in political, economic, educational, scientific and cultural affairs, public health, protection of the environment and natural resources, and civil and nationality affairs, in their respective administrative areas;
(4) to elect the members of their respective standing committees;
(5) to elect governors and deputy governors, chairmen and vice-chairmen of autonomous regions, mayors and deputy mayors, prefects and deputy prefects, and heads and deputy heads of counties and districts;
(6) to elect the presidents of the people's courts and the chief procurators of the people's procuratorates at the corresponding levels; the election of the chief procurator of a people's procuratorate shall be reported to the chief procurator of the people's procuratorate at the next higher level, who shall submit it to the standing committee of the people's congress at that same level for approval;
(7) to elect deputies to the people's congresses at the next higher level;
(8) to hear and examine reports on the work of the standing committees of the people's congresses at the corresponding levels;
(9) to hear and examine reports on the work of the people's governments, the people's courts and the people's procuratorates at the corresponding levels;
(10) to alter or annul inappropriate resolutions of the standing committees of the people's congresses at the corresponding levels;
(11) to annul inappropriate decisions and orders of the people's governments at the corresponding levels;
(12) to protect the socialist property owned by the whole people, property owned collectively by working people and citizens' legitimate private property, maintain public order and safeguard citizens' rights of the person and their democratic and other rights;
(13) to protect the legitimate rights and interests of various economic organizations;
(14) to safeguard the rights of minority nationalities; and
(15) to safeguard women's rights as endowed by the Constitution and other laws, such as equality with men, equal pay for equal work and freedom of marriage.
Article 9 The people's congresses of townships, nationality townships, and towns shall exercise the following functions and powers:
(1) to ensure the observance and execution, in their respective administrative areas, of the Constitution, other law, administrative regulations, and the resolutions of the people's congresses and their standing committees at higher levels;
(2) to adopt and promulgate resolutions within the scope of their functions and powers;
(3) to decide, in accordance with State plans, on plans for the development of the economy, cultural affairs and public services in their respective administrative areas;
(4) to examine and approve the budgets of their respective administrative areas as well as the reports on the implementation of the budgets;
(5) to decide on plans for civil affairs in their respective administrative areas;
(6) to elect the chairman and vice-chairmen of the people's congress at the corresponding level;
(7) to elect heads and deputy heads of townships and towns;
(8) to hear and examine reports on the work of the people's governments of townships, nationality townships, and towns;
(9) to annul inappropriate decisions and orders of the people's governments of townships, nationality townships, and towns;
(10) to protect the socialist property owned by the whole people, property owned collectively by working people and citizens' legitimate private property, to maintain public order and safeguard citizens' rights of the person and their democratic and other rights;
(11) to protect the legitimate rights and interests of various economic organizations;
(12) to safeguard the rights of minority nationalities; and
(13) to safeguard women's rights as endowed by the Constitution and other laws, such as equality with men, equal pay for equal work and freedom of marriage.
In exercising their functions and powers, the people's congresses of townships, nationality townships, and towns in which minority nationalities live in concentrated communities shall adopt specific measures appropriate to the characteristics of the nationalities concerned.
Article 10 Local people's congresses at various levels shall have the power to remove from office members of the people's governments at the corresponding levels. Local people's congresses at or above the county level shall have the power to remove from office members of their standing committees and the presidents of the people's courts and the chief procurators of the people's procuratorates elected by those standing committees. The removal of the chief procurator of a people's procuratorate shall be reported to the chief procurator of the people's procuratorate at the next higher level, who shall submit the matter to the standing committee of the people's congress at that same level for approval.
Article 11 Local people's congresses at various levels shall meet in session at least once a year.
A session of a local people's congress may be convened at any time upon the proposal of one-fifth of its deputies.
Article 12 Sessions of local people's congresses at or above the county level shall be convened by their standing committees.
Article 13 A preliminary meeting shall be held for each session of a local people's congress at or above the county level to elect the presidium and secretary-general of that session, adopt the agenda for the session and decide on other preparations.
The preliminary meeting shall be presided over by the standing committee of the people's congress. The preliminary meeting for the first session of a people's congress shall be presided over by the standing committee of the preceding people's congress at the corresponding level.
When a local people's congress at or above the county level meets, its session shall be conducted by the presidium.
When a local people's congress at or above the county level meets, it shall propose a number of deputy secretaries-general; the choice of deputy secretaries-general shall be decided by the presidium.
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.
Article 15 When the people's congress of a township, nationality township, or town holds a session, it shall elect a presidium, which shall preside over the session and be responsible for convening the next session of that people's congress. The chairman and vice-chairmen of the people's congress of a township, nationality township or town shall be the members of the presidium. The chairman and vice-chairmen of the people's congress of a township, nationality township or town shall be the members of the presidium.
Article 16 The first session of each local people's congress at any level shall be convened, within two months after the election of its deputies, by the standing committee of the preceding people's congress at the corresponding level or by the presidium of the preceding session of the people's congress of the township, nationality township, or town.
Article 17 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.
Article 18 When a local people's congress holds its sessions, its presidium, standing committee and special committees and the people's government at the corresponding level may submit bills and proposals to that people's congress within the scope of its functions and powers. The presidium shall decide to refer such bills and proposals to a session of the people's congress for deliberation, or to simultaneously refer them to relevant special committees for deliberation and reports before the presidium decides, upon examination of such reports, to submit them to the people's congress for a vote.
Ten or more deputies to a local people's congress at or above the county level, or five or more deputies to the people's congress of a township, nationality township, or town may jointly submit a bill or proposal to the people's congress at the corresponding level within the scope of its functions and powers. The presidium shall decide whether to place the bill or proposal on the agenda of the people's congress or to first refer it to a relevant special committee for deliberation and a recommendation on whether to place it on the agenda before the presidium makes such a decision.
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.
Article 19 Suggestions, criticisms and complaints on any aspect of work put forward by deputies to a local people's congress at or above the county level to that people's congress and its standing committee shall be referred by the administrative office of the standing committee to the departments and organizations concerned for consideration, disposition and reply.
Suggestions, criticisms and complaints on any aspect of work put forward by deputies to the people's congress of a township, nationality township, or town to that people's congress shall be referred by its presidium to the departments and organizations concerned for consideration, disposition and reply.
Article 20 When a local people's congress conducts an election or adopts a resolution, a majority vote of all the deputies shall be required.
Article 21 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 eople'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 a 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.
Article 22 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.
Article 23 Elections shall be conducted by secret ballot. The deputies may vote for or against any of the candidates that have been determined, or may instead elect any other deputies or voters or abstain from voting.
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.
Article 25 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, chairmen, and vice-chairmen of the people's congresses of townships, nationality townships or towns, governors, deputy governors, chairmen and vice-chairmen of autonomous regions, mayors, deputy mayors, prefects, deputy prefects, heads and deputy heads of counties, districts, townships and towns, presidents of people's courts, and chief procurators of people's procuratorates, the number of candidates may exceed or equal the number of vacancies, and the election procedures and methods shall be decided by the people's congresses at the corresponding levels.
Article 26 When a local people's congress at or above the county level is in session, its presidium, its standing committee, or a joint group of at least one tenth of its deputies may submit a proposal to remove from office members of its standing committee or members of the people's government, the president of the people's court or the chief procurator of the people's procuratorate at the corresponding level; the presidium shall refer such proposals to the congress for deliberation.
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.
In a proposal for removal from office, reasons for the removal shall clearly be stated.
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.
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.
Article 27 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; if the people's congress is not in session, such resignations may be submitted to its standing committee, which shall decide whether or not to accept the resignations. If the standing committee decides to accept a resignation, it shall report it to its people's congress for the record. A resignation of the chief procurator of a people's procuratorate must be reported to the chief procurator of the people's procuratorate at the next higher level, who shall refer it to the standing committee of the people's congress at the corresponding level for approval.
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."
Article 28 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.
Article 29 When a local people's congress at any level examines a bill or proposal, its deputies may address questions to the local state organs concerned, which shall send their personnel to the congress to give explanations.
Article 30 The people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures and cities divided into districts may, where necessary, establish special committees such as legislative (political and law) committees, finance and economic committees, and education, science, culture and public health committees. The special committees shall work under the direction of the respective people's congresses; when the people's congresses are not in session, they shall work under the direction of the standing committees of the people's congresses.
Nominations for the chairman, vice-chairmen and members of a special committee shall be made by the presidium from among the deputies and approved by the people's congress. When the people's congress is not in session, its standing committee may appoint and remove individual vice-chairmen and some members of the special committee through nomination by its council of chairmen and approval by a meeting of the standing committee.
The special committees shall discuss, examine and draw up relevant bills and draft resolutions under the direction of the people's congresses and their standing committees at the corresponding levels; they shall make investigations and studies of, and put forward proposals on, matters related to those committees and within the scope of functions and powers of the respective people's congresses and their standing committees.
Article 31 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.
Article 32 The credentials committee established at the first session of each people's congress of a township, nationality township, and town shall exercise its functions and powers until the term of office of that people's congress expires.
Article 33 The term of office of the deputies to a local people's congress at any level shall begin with the first session of that people's congress and shall expire at the first session of the succeeding people's congress at the same level.
Article 34 Deputies to local people's congresses at various levels and members of their standing committees may not be legally liable for their speeches and voting at sessions of the people's congresses or meetings of their standing committees.
Article 35 No deputy to a local people's congress at or above the county level may be arrested or placed on criminal trial without the consent of the presidium of that people's congress or, when the people's congress is not in session, without the consent of its standing committee. If a deputy is caught in the act of crime and detained, the public security organ executing the detention shall immediately report the matter to the presidium or the standing committee of that people's congress.
Article 36 When deputies to local people's congresses at various levels attend people's congress sessions or perform their duties as deputies, the State shall, as necessary, provide them with round-trip travelling expenses and requisite material facilities or subsidies.
Article 37 Deputies to local people's congresses at various levels shall maintain close contact with the units that elected them or with their constituencies; publicize laws and policies; assist the people's governments at the corresponding levels in their work; and relay the opinions and demands of the masses to the people's congresses, their standing committees and the people's governments.
Deputies to the people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures and cities divided into districts may attend, as nonvoting delegates, sessions of the people's congresses of the units which elected them.
Deputies to the people's congresses of counties, autonomous counties, cities not divided into districts, municipal districts, townships, nationality townships, and towns shall apportion among themselves the task of maintaining contact with their constituencies; in residential areas or production units with three or more deputies, a deputies group may be set up to help promote the work of the people's government at the corresponding level.
Article 38 Deputies to the people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures and cities divided into districts shall be subject to supervision by the units which elected them; deputies to the people's congresses of counties, autonomous counties, cities not divided into districts, municipal districts, townships, nationality townships, and towns shall be subject to supervision by their constituencies.
Electoral units and voters shall have the power to remove from office at any time the deputies they elect to a local people's congress at any level. The removal from office of a deputy shall require a majority vote of all the deputies of the unit which elected him or of all the voters in his electoral district.
Article 39 In the event that a deputy to a local people's congress is unable to perform his duties as deputy for any reason, the unit which elected him or the voters in the electoral district shall hold a by-election to replace him.
Chapter III The Standing Committees of Local People's Congresses at and Above the County Level
Article 40 Standing committees shall be established by the people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures, counties, autonomous counties, cities and municipal districts.
The standing committee of a local people's congress at or above the county level shall be a permanent organ of that people's congress and shall be responsible and report on its work to it.
Article 41 The standing committee of the people's congress of a province, autonomous region, municipality directly under the Central Government, autonomous prefecture, or city divided into districts shall be composed of a chairman, vice-chairmen, a secretary-general and members to be elected by the people's congress from among its deputies.
The standing committee of a people's congress of a county, autonomous county, city not divided into districts, or municipal district shall be composed of a chairman, vice-chairmen and members to be elected by the people's congress from among its deputies.
No one on the standing committee may hold office in an administrative, judicial or procuratorial organ of the State; if a member assumes any of the above-mentioned offices, he must resign from his post on the standing committee.
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) 19 to 41 members for those of cities divided into districts and for autonomous prefectures and no more than 51 members for those of cities divided into districts each with a population exceeding eight million; and
(3) 15 to 27 members for those of counties, autonomous counties, cities not divided into districts, and municipal districts and no more than 35 members for those of counties, autonomous counties, cities not divided into districts, and municipal districts each with a population exceeding one million.
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, or municipality directly under the Central Government. After the number of component members on the standing committee of a people's congress is determined, it shall no longer be altered during the term of office of the current people's congress.
Article 42 The standing committee of a local people's congress at or above the county level shall have the same term of office as that people's congress and shall exercise its functions and powers until a new standing committee is elected by the succeeding people's congress at the same level.
Article 43 The standing committees of the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government may, when their respective people's congresses are not in session, formulate and promulgate local regulations in accordance with the specific conditions and actual needs of their respective administrative areas, provided that these regulations do not contravene the Constitution, other laws or administrative regulations; they shall report such local regulations to the Standing Committee of the National People's Congress and the State Council for the record.
The standing committees of the people's congresses of cities where the provincial and autonomous regional people's governments are located and the standing committees of the people's congresses of those relatively large cities with the approval of the State Council may, when their respective people's congresses are not in session, formulate local regulations in accordance with the specific conditions and actual needs of their respective cities, provided that these regulations do not contravene the Constitution, other laws, administrative regulations and the local regulations of the respective provinces and autonomous regions; they shall submit such local regulations to the standing committees of the people's congresses of the respective provinces and autonomous regions for approval before implementation and for submission to the Standing Committee of the National People's Congress and the State Council for the record.
Article 44 The standing committee of a local people's congress at or above the county level shall exercise the following functions and powers:
(1) to ensure the observance and execution, in its administrative area, of the Constitution, other laws, administrative regulations and the resolutions of the people's congresses and their standing committees at higher levels;
(2) to direct or conduct the election of deputies to its people's congress;
(3) to convene sessions of its people's congress;
(4) to discuss and decide on major issues in political, economic, cultural, educational, scientific, cultural, public health, protection of the environment and natural resources and civil and nationality affairs in its administrative area;
(5) to decide, upon the recommendation of the people's government at the corresponding level, to make partial alterations in the plans for economic and social development and the budgets of its respective administrative area;
(6) to supervise the work of the people's government, people's court and people's procuratorate at the corresponding level, to maintain contact with the deputies of its people's congress and to receive and handle accusations and complaints from the people against the above-mentioned organs and State functionaries;
(7) to annul inappropriate resolutions of the people's congress and its standing committee at the next lower level;
(8) to annul inappropriate decisions and orders of the people's government at the corresponding level;
(9) to decide, when its people's congress is not in session, on the appointment or removal of individual deputy governors, vice-chairmen of the autonomous region, deputy mayors, deputy prefects and deputy heads of the county or district; when, for any reason, the governor, chairman of the autonomous region, mayor, prefect, or head of the county or district, president of the people's court or chief procurator of the people's procuratorate is unable to perform his duties, to choose a person from among the deputy heads of the people's government, people's court or people's procuratorate at the corresponding level to act on his behalf; the choice of an acting chief procurator must be reported to the people's procuratorate and the standing committee of the people's congress at the next higher level for the record;
(10) to decide, upon nomination by the governor, chairman of the autonomous region, mayor, prefect, or head of the county or district, on the appointment or removal of the secretary-general and the department and bureau directors, commission chairmen and section chiefs of the people's government at the corresponding level and to report such decisions to the people's government at the next higher level for the record;
(11) to appoint or remove, in accordance with the provisions of the Organic Law of the People's Courts and the Organic Law of the People's Procuratorates, vice-presidents, chief judges and associate chief judges of divisions, members of the judicial committees and judges of the people's courts, to appoint or remove deputy chief procurators, members of the procuratorial committees and procurators of the people's procuratorates, and to approve the appointment or removal of the chief procurators of the people's procuratorates at the next lower level; the standing committee of the people's congress of a province, autonomous region, or municipality directly under the Central Government shall, upon nomination by its council of chairmen, decide on the appointment or removal of presidents of intermediate people's courts established in prefectures of provinces and autonomous regions or in municipalities directly under the Central Government and, upon nomination by the chief procurator of the people's procuratorate of a province, autonomous region, or municipality directly under the Central Government, decide on the appointment or removal of chief procurators of people's branch procuratorates;
(12) to decide, when its people's congress is not in session, on the removal from office of individual deputy governors, vice-chairmen of the autonomous region, deputy mayors, deputy prefects and deputy heads of the county or district; to decide on the removal from office of personnel it has appointed among other members of the people's government, vice-presidents, chief judges and associate chief judges of divisions, members of the judicial committees and judges of the people's courts, deputy chief procurators, members of the procuratorial committees and procurators of the people's procuratorates, presidents of intermediate people's courts and chief procurators of people's branch procuratorates, all at the corresponding level.
(13) to conduct a by-election, when its people's congress is not in session, in the event that a post of deputy to the people's congress at the next higher level becomes vacant and to remove from office individual deputies; and
(14) to decide on the conferment of local titles of honour.
Article 45 Meetings of a standing committee shall be convened by its chairman and held at least once every other month.
Resolutions of a standing committee shall be adopted by a majority vote of all its members.
Article 46 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.
A local people's government at or above the county level or a special committee of the people's congress at the corresponding level may submit bills and proposals to its standing committee within its scope of functions and powers. The council of chairmen shall decide to refer them to a meeting of the standing committee for deliberation or to first refer them to relevant special committees for deliberation and reports before submitting them to a meeting of the standing committee for deliberation.
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 city divided into districts, or three or more standing committee members of a people's congress at the county level, may jointly submit a bill or proposal to its standing committee within its scope of functions and powers. The council of chairmen shall decide whether to refer the bill or proposal to a meeting of the standing committee for deliberation or to first refer it to a relevant special committee for deliberation and a report before deciding on whether to submit it to a meeting of the standing committee for deliberation.
Article 47 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.
Article 48 The chairman, vice-chairmen and secretary-general of the standing committee of the people's congress of a province, autonomous region, municipality directly under the Central Government, autonomous prefecture, or city divided into districts shall constitute its council of chairmen; the chairman and vice-chairmen of the standing committee of the people's congress of a county, autonomous county, city not divided into districts, or municipal district shall constitute its council of chairmen. The council of chairmen shall handle the important day-to-day work of its standing committee.
Article 49 In the event that the chairman of a standing committee is unable to work due to feeble health or that his office falls vacant, the standing committee shall select one of the vice-chairmen to act on behalf of the chairman until he recovers his health or a new chairman is elected by the people's congress.
Article 50 The standing committee of each local people's congress at or above the county level shall establish a credentials committee.
Nominations for the chairman, vice-chairmen and members of a credentials committee shall be made by the council of chairmen of the standing committee from among the members of the standing committee and adopted at a meeting of the standing committee.
Article 51 The credentials committee shall examine whether elections for deputies are conducted in conformity with the provisions prescribed by law.
Article 52 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.
Article 53 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.
Chapter IV Local People's Governments at Various Levels
Article 54 Local people's governments at various levels shall be the executive organs of the local people's congresses at the corresponding levels; they shall be the local organs of State administration.
Article 55 Local people's governments at various levels shall be responsible and report on their work to the people's congresses at the corresponding levels and to the State administrative organs at the next higher level. Local people's governments at and above the county level shall be responsible and report on their work to the standing committees of the people's congresses at the corresponding levels when the congresses are not in session.
The local people's governments at various levels throughout the country shall be state administrative organs under the unified leadership of the State Council and shall be subordinate to it.
The local people's governments at various levels must perform their administrative functions and powers in accordance with law.
Article 56 The people's government of a province, autonomous region, municipality directly under the Central Government, autonomous prefecture or city divided into districts shall be respectively composed of the governor and deputy governors, the chairman and vice-chairmen of the autonomous region, the mayor and deputy mayors, or the prefect and deputy prefects, and additionally the secretary-general, department directors, bureau directors and commission chairmen.
The people's government of a county, autonomous county, city not divided into districts, or municipal district shall be respectively composed of the head and deputy heads of the county, the mayor and deputy mayors, or the head and deputy heads of the district, and additionally the bureau directors and section chiefs.
The people's government of a township or nationality township shall have a township head and deputy heads. The head of a nationality township shall be a citizen of the minority nationality that establishes the nationality township. The people's government of a town shall have a town head and deputy heads.
Article 57 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.
Article 58 The term of office of the local people's governments at various levels shall be five years.
Article 59 A local people's government at or above the county level shall exercise the following functions and powers:
(1) to implement the resolutions of the people's congress and its standing committee at the corresponding level as well as decisions and orders of state administrative organs at higher levels, to formulate administrative measures and to issue decisions and orders;
(2) to direct the work of its subordinate departments and of the people's governments at lower levels;
(3) to alter or annul inappropriate orders and directives of its subordinate departments and inappropriate decisions and orders of the people's governments at lower levels;
(4) to appoint or remove personnel in State administrative organs, train them, appraise their performance and award or punish them according to the provisions of law;
(5) to implement the plan for national economic and social development and the budget, and conduct administrative work concerning the economy, education, science, culture, public health, physical culture, protection of the environment and natural resources, urban and rural development, finance, civil affairs, public security, nationality affairs, judicial administration, supervision and family planning within its administrative area;
(6) to protect the socialist property owned by the whole people, property owned collectively by working people and citizens' legitimate private property and to maintain public order and safeguard citizens' rights of the person and their democratic and other rights;
(7) to protect the legitimate rights and interests of various economic organizations;
(8) to safeguard the rights of minority nationalities and respect their folkways and customs, assist those areas where minority nationalities live in concentrated communities within its sphere of jurisdiction to exercise regional autonomy in accordance with the Constitution and other laws and assist the various minority nationalities in their political economic and cultural development;
(9) to safeguard women's rights as endowed by the Constitution and other laws, such as equality with men, equal pay for equal work and freedom of marriage; and
(10) to handle other matters assigned by State administrative organs at higher levels.
Article 60 The people's government of a province, autonomous region or municipality directly under the Central Government may formulate rules in accordance with laws, administrative 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 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.
Article 61 The people's government of a township, nationality township, or town shall exercise the following functions and powers:
(1) to implement the resolutions of the people's congress at the corresponding level and the decisions and orders of State administrative organs at higher levels and to issue decisions and orders;
(2) to implement the plan for economic and social development and the budget of its administrative area and conduct administrative work concerning the economy, education, science, culture, public health, physical culture, finance, civil affairs, public security, judicial administration and family planning in its administrative area;
(3) to protect the socialist property owned by the whole people, property owned collectively by working people and citizens' legitimate private property and to maintain public order and safeguard citizens' rights of the person and their democratic and other rights;
(4) to protect the legitimate rights and interests of various economic organizations;
(5) to safeguard the rights of minority nationalities and respect their folkways and customs;
(6) to safeguard women's rights as endowed by the Constitution and other laws, such as equality with men, equal pay for equal work and freedom of marriage; and
(7) to handle other matters assigned by the people's governments at higher levels.
Article 62 Overall responsibility for the work of local people's governments at various levels shall be assumed respectively by governors, chairmen of autonomous regions, mayors, prefects, and heads of counties, districts, townships and towns.
The governors, chairmen of autonomous regions, mayors, prefects and heads of counties, districts, townships and towns shall direct the work of their local people's governments at the corresponding levels.
Article 63 Meetings of a local people's government at or above the county level shall consist of plenary meetings and executive meetings. The plenary meetings shall be attended by all the members of that people's government. The executive meetings of the people's government of a province, autonomous region, municipality directly under the Central Government, autonomous prefecture, or city divided into districts shall be attended, respectively, by the governor and deputy governors, chairman and vice-chairmen of the autonomous region, mayor and deputy mayors or prefect and deputy prefects, and additionally the secretaries-general. The executive meetings of the people's government of a county, autonomous county, city not divided into districts, or municipal district shall be attended, respectively, by the head and deputy heads of the county, mayor and deputy mayors or head and deputy heads of the district. The governor, chairman of the autonomous region, mayor, prefect, or head of the county or district shall convene and preside over the plenary meetings and executive meetings of the people's government at the corresponding level. Important issues in government work must be discussed and decided at the executive meetings or plenary meetings of the respective government.
Article 64 Local people's governments at various levels shall establish necessary working offices in accordance with work requirements and the principle of compact and efficient organization.
Auditing bodies shall be established by local people's governments at or above the county level. Local auditing bodies at various levels shall independently exercise their power of supervision through auditing in accordance with law and shall be responsible to the people's governments at the corresponding levels and to the auditing body at the next higher level.
The establishment, increase, reduction or amalgamation of such working offices as departments, bureaus and commissions under people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall be reported by the respective people's governments to the State Council for approval and to the standing committees of the people's congresses at the corresponding levels for the record.
The establishment, increase, reduction or amalgamation of such working offices as bureaus and sections under people's governments of autonomous prefectures, counties, autonomous counties, cities and municipal districts shall be reported by the respective people's governments to the people's governments at the next higher level for approval and to the standing committees of the people's congresses at the corresponding levels for the record.
Article 65 Each department, bureau, commission and section shall have a department director, bureau director, commission chairman and section chief, respectively, and may have deputies to those positions when necessary.
A general office shall have a director and, when necessary, deputy directors.
The people's government of a province, autonomous region, municipality directly under the Central Government, autonomous prefecture, or city divided into districts shall have a secretary-general and deputy secretaries-general.
Article 66 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 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 regulations.
Article 67 The people's governments of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures, counties, autonomous counties, cities and municipal districts shall assist in the work of the State organs, enterprises and institutions that are located in their respective administrative areas but not under their jurisdiction, and shall supervise them in the observance and implementation of laws and policies.
Article 68 When necessary and with the approval of the State Council, the people's government of a province or autonomous region may establish certain agencies.
When necessary and with the approval of the people's government of a province, autonomous region, or municipality directly under the Central Government, the people's government of a county or autonomous county may establish district offices as its agencies.
With the approval of the people's government at the next higher level, the people's government of a municipal district or city not divided into districts may establish neighbourhood offices as its agencies.
Chapter V Supplementary Provisions
Article 69 The people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government and their standing committees may, in accordance with this Law and the actual situations, formulate specific provisions concerning problems that occur in the course of implementing this Law
(Source:npc.gov.cn)
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