Organic Law of Local People’s Congresses and Local People’s Governments of the People’s Republic of China

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Organic Law of Local People’s Congresses and Local People’s Governments of the People’s Republic of China

(Adopted at the Second Session of the Fifth National People’s Congress on July 1, 1979, promulgated on July 4, 1979, and becoming effective as of July 1, 1980; amended for the first time in accordance with the Resolution on Revising Certain Provisions of the Organic Law of 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 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 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; amended for the fourth time in accordance with the Decision on Revising the Organic Law of 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; amended for the fifth time in accordance with the Decision on Revising the Organic Law of Local People’s Congresses and Local People’s Governments of the People’s Republic of China, the Electoral Law of the National People’s Congress and Local People’s Congresses of the People’s Republic of China, and the Law of the People’s Republic of China on Deputies to the National People’s Congress and to the Local People’s Congresses adopted at the 16th Meeting of the Standing Committee of the Twelfth National People’s Congress on August 29, 2015; and amended for the sixth time in accordance with the Decision on Revising the Organic Law of Local People’s Congresses and Local People’s Governments of the People’s Republic of China adopted at the Fifth Session of the Thirteenth National People’s Congress on March 11, 2022)

 

Contents

 

Chapter I General Provisions

Chapter II   Local People’s Congresses

Section One  Composition and Term of Office of Local People’s Congresses

Section Two Powers and Functions of Local People’s Congresses

Section Three Sessions of Local People’s Congresses

Section Four Election, Dismissal and Resignation of Members of Local State Organs

Section Five Committees of Local People’s Congresses

Section Six Deputies to Local People’s Congresses

Chapter III Standing Committees of the Local People’s Congresses at or above the County Level

Section One Composition and Term of Office of Standing Committees

Section Two Powers and Functions of Standing Committees

Section Three Standing Committee Meetings

Section Four Committees and Working Organs of Standing Committees

Chapter IV Local People’s Governments

Section One General Rules

Section Two Composition and Term of Office of Local People’s Governments

Section Three Powers and Functions of Local People’s Governments

Section Four Institutional Setup of Local People’s Governments

Chapter V Supplementary Provisions

Chapter I

General Provisions

 

Article 1 This Law is enacted in accordance with the Constitution in order to improve the organizational and working systems of the local people’s congresses and local people’s governments at various levels, to guarantee and regulate their exercise of powers and functions, to uphold and improve the system of people’s congresses, and to ensure that the people are masters of the country.

Article 2 The local people’s congresses are the state organs of power at local levels.

The standing committees of the local people’s congresses at or above the county level are the permanent organs of their corresponding local people’s congresses.

The local people’s governments at various levels are the executive organs of the state organs of power at local levels and are the state administrative organs at various local levels.

Article 3 The local people’s congresses at various levels, the standing committees of the local people’s congresses at or above the county level, and the local people’s governments at various levels shall uphold the leadership of the Communist Party of China, follow the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Theory of Three Represents, the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and exercise their powers in accordance with the provisions of the Constitution and laws.

Article 4 The local people’s congresses at various levels, the standing committees of the local people’s congresses at or above the county level, and the local people’s governments at various levels shall commit themselves to the people-centered approach, adhere to and develop whole-process people’s democracy, always maintain close ties with the people, listen to their comments and suggestions, and serve, be responsible to, and be supervised by the people.

Article 5 The local people’s congresses at various levels, the standing committees of the local people’s congresses at or above the county level, and the local people’s governments at various levels shall follow the principle of giving full play to the initiative and enthusiasm of the local authorities under the unified leadership of the central authorities to ensure the implementation of the Constitution, laws and administrative regulations in their administrative regions.

Article 6 The local people’s congresses at various levels, the standing committees of the local people’s congresses at or above the county level, and the local people’s governments at various levels shall practice the principle of democratic centralism.

The local people’s congresses at various levels and the standing committees of the local people’s congresses at or above the county level shall give full play to democracy and exercise their powers collectively.

The local people’s governments shall practice a leader responsibility system. Important issues in the work of the local people’s governments shall be decided by collective discussion.

Chapter II

Local People’s Congresses

 

Section One

Composition and Term of Office of Local People’s Congresses

 

Article 7 Provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures, counties, autonomous counties, cities, districts of cities, townships, ethnic townships, and towns shall establish people’s congresses.

Article 8 The 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; the deputies to the people’s congresses of counties, autonomous counties, cities not divided into districts, districts of cities, townships, ethnic townships, and towns shall be directly elected by voters.

The number of the deputies to the local people’s congresses at various levels and the methods of selection of deputies shall be prescribed by the Electoral Law. Ethnic minorities in each administrative region shall have an appropriate number of deputies.

Article 9 The term of office of each local people’s congress at various levels shall be five years.

 

Section Two

Powers and Functions of Local People’s Congresses

 

Article 10 The people’s congresses of provinces, autonomous regions, and municipalities directly under the Central Government may formulate and promulgate local regulations in accordance with the specific conditions and actual needs of their respective administrative regions, provided that these regulations do not contravene the Constitution, laws, and 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 divided into districts and autonomous prefectures may formulate local regulations in accordance with the specific conditions and the actual needs of their respective administrative regions, and the limits of authority prescribed by law, provided that these regulations do not contravene the Constitution, laws, administrative regulations and the local regulations of their respective provinces and autonomous regions; they shall submit such local regulations to the standing committees of the people’s congresses of their respective provinces and autonomous regions for approval before their implementation. The standing committees of the people’s congresses of the provinces and autonomous regions shall submit the local regulations to the Standing Committee of the National People’s Congress and the State Council for the record.

The people’s congresses of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts and autonomous prefectures may, in accordance with the needs of regional coordinated development, carry out law-making activities in a collaborative manner.

Article 11 The local people’s congresses at or above the county level shall exercise the following powers and functions:

(1) to ensure, within their respective administrative areas, the observance and execution of the Constitution, laws, administrative regulations and resolutions of the people’s congresses at higher levels and their standing committees, and ensure the implementation of national plans and state budgets;

(2) to examine and approve the outlines of plans for national economic and social development, plans for national economic and social development, and budgets of their administrative regions and reports on the implementation of such outlines, plans and budgets, to examine and supervise government debts, and to supervise the management of state-owned assets by the people’s governments at their corresponding levels;

(3) to discuss and decide on major issues and projects concerning politics, economics, education, science, culture, health, eco-environmental protection, natural resources, urban and rural construction, civil affairs, social security, and ethnic affairs within their administrative regions;

(4) to elect the members of the standing committees of the people’s congresses at their corresponding levels;

(5) to elect governors and deputy governors of provinces, chairpersons and vice chairpersons of autonomous regions, mayors and deputy mayors, prefects and deputy prefects, and heads and deputy heads of counties and districts;

(6) to elect the chairpersons of the commissions of supervision, the presidents of the people’s courts and the chief procurators of the people’s procuratorates at their corresponding levels; the election 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 for submission to the standing committee of the people’s congress at the same level for approval;

(7) to elect deputies to the people’s congresses at the next higher level;

(8) to hear and deliberate on reports on the work of the standing committees of the people’s congresses at their corresponding levels;

(9) to hear and deliberate on reports on the work of the people’s governments, the people’s courts and people’s procuratorates at their corresponding levels;

(10) to alter or annul inappropriate resolutions of the standing committees of the people’s congresses at their corresponding levels;

(11) to annul inappropriate decisions and orders of the people’s governments at their corresponding levels;

(12) to protect the socialist property owned by the whole people and the property owned collectively by the working people, protect the legitimate private property owned by citizens, maintain public order, and safeguard the personal, democratic and other rights of citizens;

(13) to protect the lawful rights and interests of all kinds of economic organizations;

(14) to consolidate the strong sense of community for the Chinese nation, promote broad exchanges and interactions among ethnic groups, and safeguard the lawful rights and interests of ethnic minorities; and

(15) to guarantee all the rights bestowed to women by the Constitution and laws such as equality between men and women, equal pay for equal work and freedom of marriage.

Article 12 The people’s congresses of townships, ethnic townships, and towns shall exercise the following powers and functions:

(1) to ensure, within their respective administrative areas, the observance and execution of the Constitution, laws, administrative regulations and the resolutions of the people’s congresses at higher levels and their standing committees;

(2) to adopt and promulgate resolutions within the scope of their powers and functions of the state;

(3) to decide, in accordance with national plans, on development plans and projects for the economy, cultural affairs and public services within their respective administrative regions;

(4) to examine and approve budgets and reports on their implementation within their respective administrative areas, supervise the implementation of budgets at their corresponding levels, examine and approve plans for adjusting budgets at their corresponding levels, and examine and approve final accounts at their corresponding levels;

(5) to decide on the plans for civil affairs within their respective administrative areas;

(6) to elect the chairpersons and vice chairpersons of the people’s congresses at their corresponding levels;

(7) to elect the heads and deputy heads of townships and towns;

(8) to hear and deliberate on reports on the work of the people’s governments of townships, ethnic townships, and towns;

(9) to hear and deliberate on reports on the work of the presidiums of the people’s congresses of townships, ethnic townships, and towns;

(10) to annul inappropriate decisions and orders of the people’s governments of townships, ethnic townships, and towns;

(11) to protect the socialist property owned by the whole people and the property owned collectively by the working people, protect the legitimate private property owned by citizens, maintain public order, and safeguard the personal, democratic and other rights of citizens;

(12) to protect the lawful rights and interests of all kinds of economic organizations;

(13) to consolidate the strong sense of community for the Chinese nation, promote broad exchanges and interactions among ethnic groups, and safeguard the lawful rights and interests of ethnic minorities; and

(14) to guarantee all the rights bestowed to women by the Constitution and laws such as equality between men and women, equal pay for equal work and freedom of marriage.

When exercising powers and functions, the people’s congresses of townships, ethnic townships, and towns in which ethnic minorities live in concentrated communities may, take specific measures appropriate to their ethnic characteristics in accordance with the limits of their authorities prescribed by law.

Article 13 Local people’s congresses at various levels shall have the right to remove from office the members of the people’s governments at their corresponding levels. The local people’s congresses at or above the county level shall have the right to remove from office the members of their standing committees and the chairpersons of the commissions of supervision, the presidents of the people’s courts and the chief procurators of the people’s procuratorates elected by them. 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 removal to the standing committee of the people’s congress at the same level for approval.

Section Three

Sessions of Local People’s Congresses

Article 14 Local people’s congresses at various levels shall meet in session at least once a year. The people’s congresses of townships, ethnic townships, and towns shall generally meet in session twice a year. The date of the sessions shall be decided and announced by the standing committees of the corresponding people’s congresses or by the presidiums of the people’s congresses of townships, ethnic townships, and towns.

In case of special circumstances, the standing committees of the local people’s congresses at or above the county level or the presidiums of the people’s congresses of townships, ethnic townships, and towns may decide to convene the sessions early or postpone them as appropriate. Where the date of the early or postponed session cannot be decided at the current meeting, the standing committees or the councils of chairpersons that are authorized by them, or the presidiums of the people’s congresses of townships, ethnic townships, and towns may decide otherwise and announce the date.

The standing committees of the local people’s congresses at or above the county level or the presidiums of the people’s congresses of townships, ethnic townships, and towns, where deeming it necessary or upon the proposal of at least one fifth of the deputies, may temporarily convene a session of their people’s congresses.

Sessions of the local people’s congresses shall be held only when two thirds or more of their deputies are present.

Article 15 The sessions of the local people’s congresses at or above the county level shall be convened by their standing committees.

Article 16 For sessions of the local people’s congresses at various levels, reasonable schedules and agendas shall be arranged to improve the quality and efficiency of proceedings.

Article 17 A preparatory 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 the session and adopt the agenda of the session and decisions on other preparatory matters.

The preparatory meetings shall be presided over by the standing committees of the local people’s congresses. The preparatory 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 its level.

When the local people’s congresses at or above the county level are in session, their presidiums shall preside over the sessions.

For a session of a local people’s congress at or above the county level, there shall be a number of deputy secretaries-general; the choice of the deputy secretaries-general shall be decided by the presidium.

Article 18 The people’s congresses of a township, ethnic township, or town shall have a chairperson and may have one or two vice chairpersons. The chairperson and vice chairpersons shall be elected by the people’s congresses at the corresponding level from among the deputies and their term of office shall be the same as the people’s congress at that level.

The chairperson and vice chairpersons of the people’s congress of a township, ethnic township, or town may not hold offices in the administrative organs of the state; where they hold such offices, they must resign as the chairperson or vice chairperson of the people’s congresses.

When the people’s congress is not in session, the chairperson and vice chairpersons of the people’s congress of a township, ethnic township, or town are responsible for keeping in touch with the deputies to the people’s congresses at that level, organizing  the deputies to conduct activities according to the arrangements of the presidium, conveying the suggestions, criticisms and opinions of the deputies and the public regarding the work of the people’s governments at the same level, and handling the day-to-day work of the presidium.

Article 19 When the people’s congress of a township, ethnic township, or town holds a session, a presidium shall be elected. The presidium shall preside over the session and be responsible for convening the next session of the people’s congress. The chairperson and vice chairpersons of the people’s congress of the township, ethnic township, or town shall be the members of the presidium.

When the people’s congress at the corresponding level is not in session, the presidium shall select a number of issues which concern the immediate interest of local people and to which the public generally pay close attention, and based on these issues, make schedules for  deputies to hear and discuss special reports on the work of the people’s government at the corresponding level, examine the implementation of laws and regulations, and conduct inspections and research activities, etc. The presidium shall also hear and convey the suggestions, criticisms, and opinions of the deputies and the general public regarding the work of the people’s government at the same level. The work of the presidium at the time when the people’s congress in not in session shall be reported to the people’s congress at the corresponding level.

Article 20 The first session of the local people’s congress at any level shall, within two months after the election of their deputies, be convened by the standing committee of the preceding people’s congress at the corresponding level or the presidium of the preceding people’s congress of a township, ethnic township, or town.

Article 21 The members of the local people’s governments at or above the county level and the chairpersons of the commissions of supervision, 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 the sessions of the people’s congresses at the corresponding level without voting rights; the leaders of other relevant organs and groups at or above the county level may, by the decision of the standing committees of the local people’s congresses at the corresponding level, attend the sessions of the corresponding people’s congresses without voting rights.

Article 22 When the local people’s congresses at various levels hold sessions, their presidiums, standing committees and special committees and the people’s governments may submit bills and proposals to the people’s congresses at the corresponding level within the scope of the powers and functions of the people’s congresses. The presidiums shall decide whether or not to submit the bills and proposals to the sessions of the people’s congresses for deliberation, or at the same time refer them to the relevant special committees for deliberation and producing reports, and shall, based on the presidiums’ deliberation over the reports, decide whether or not to submit the bills and proposals to the sessions of the people’s congresses 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, ethnic township, or town may jointly submit a bill or proposal to the people’s congress at the corresponding level within its scope of powers and functions. 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 the session of a people’s congress where the party that submitted the bill or proposal requests its withdrawal before it is referred to the session for a vote.

Article 23 When a bill or proposal is deliberated in the session of a local people’s congress at any level, its deputies may address questions to the relevant local state organs and the relevant organs shall send people to answer the questions.

Article 24 When a local people’s congress is in session, ten or more of its deputies may jointly submit written inquiries addressed to the people’s government at the corresponding level and its working departments, as well as the commission of supervision, the people’s court, and the people’s procuratorate at the corresponding level. The inquiries must specify to whom they are addressed, the issues involved and their detail content.

The presidium shall decide whether to refer the inquires to the bodies inquired for oral replies at a meeting of the presidium, a plenary meeting of the session or a meeting of the relevant special committee, or for written replies. Where replies are made at a meeting of the presidium or a special committee, the deputies who made the inquiries shall have the right to attend the meeting and express their opinions. Where the presidium deems it necessary, it may distribute the report on the replies to the inquiries to the participants of the session.

Where oral replies are to be provided, the leader of the body to which the inquiries are addressed shall give oral replies at the meeting; where written replies are to be provided, they shall be signed by the leader of the body to which the inquiries are addressed and distributed by the presidium to the participants of the session or to the deputies who made the inquiries.

Article 25 When a local people’s congress conducts an election or adopts a resolution, a majority vote of all the deputies shall be required.

Section Four

Election, Dismissal and Resignation of Members of Local State Organs

 

Article 26 The candidates for the members of the standing committees of the local people’s congresses at or above the county level, for the chairpersons and vice chairpersons of the people’s congresses of townships, ethnic townships, and towns, for the governors and deputy governors of provinces, for the chairpersons and vice chairpersons of autonomous regions, for the mayors and deputy mayors, for the prefects and deputy prefects, and heads and deputy heads of counties, districts, townships and towns, for the chairpersons of commissions of supervision, for the presidents of the people’s courts, and for the chief procurators of the people’s procuratorates shall be nominated by the presidiums of the people’s congresses at the corresponding levels or jointly by the deputies in accordance with the provisions of this Law.

Thirty or more deputies to the people’s congresses of provinces, autonomous regions, and municipalities directly under the Central Government, 20 or more deputies to the people’s congresses of cities divided into districts and autonomous prefectures, or 10 or more deputies to the people’s congresses at the county level may jointly nominate in writing the candidates for the members of the standing committee of the people’s congress at the corresponding level, for the leading persons of the people’s government, for the chairperson of the commission of supervision, for the president of the people’s courts, and for the chief procurator of the people’s procuratorates at the same level. Ten or more deputies to the people’s congresses of a township, ethnic township, or town may jointly nominate in writing the candidates for the chairperson and vice chairpersons of the people’s congresses at the corresponding level and for the leading persons of the people’s governments at the same level. The deputies elected from different electoral districts or units may conceive and jointly propose candidates.

Both the number of candidates nominated by the presidium and the number of candidates jointly nominated by each deputy and other deputies shall not exceed the number of seats to be elected.

Nominators shall truthfully introduce the candidates they nominated.

Article 27 The number of candidates for the chairpersons and secretaries-general of the standing committees of the people’s congresses, for the chairpersons of the people’s congresses of  townships, ethnic townships, and towns, for heads of the people’s governments, for the chairpersons of the commissions of supervision, for the presidents of the people’s courts, and for the chief procurators of the people’s procuratorates may be one more than the number of persons to be elected, and competitive elections shall be conducted. If only one candidate is nominated, a non-competitive election may be conducted. The number of candidates for the vice chairpersons of the standing committees of the people’s congresses, for vice chairpersons of the people’s congresses of townships, ethnic townships, and towns, and for deputy heads of the people’s governments shall be one to three more than the number of candidates to be elected, the number of candidates for members of the standing committees of the people’s congresses shall be one-tenth to one-fifth more than the number of candidates 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 competition elections shall be conducted. Where the number of candidates nominated is in line with the differential number specified in the electoral measures, the presidium shall submit the list of candidates to the deputies for deliberation and discussion before an election is held. Where the number of candidates nominated exceeds the differential number specified in the electoral measures, a primary election shall be conducted after the presidium submits the list of candidates to the deputies for deliberation and discussion, and an official list of candidates shall, in accordance with the differential number specified in the electoral measures, be determined by order of the number of votes that candidates obtain in the primary election. Then, the election shall be conducted.

When a local people’s congress at or above the county level elects leading persons of state organs at the corresponding level, the time for nominating and deliberating on candidates shall not be less than two days.

Article 28 Elections will be held by secret ballot. A deputy 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 29 In elections conducted by the local people’s congresses at various levels for leading persons of state organs at the corresponding levels, when the number of candidates who obtain more than half of the votes exceeds the number of 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.

Where the number of the elected candidates who obtain more than half of the votes is less than the number of persons 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 chairpersons and members of the standing committee of a people’s congress, the vice chairpersons of the people’s congress of a township, ethnic township, or town, and the deputy heads of a people’s government, a competitive election shall be conducted after the differential number is determined in accordance with the provisions in Article 27 (1) of this Law.

Article 30 When by-elections are held by the local people’s congresses at various levels for the chairpersons, vice chairpersons, secretaries-general and members of their standing committees, the chairpersons and vice chairpersons of the people’s congresses of townships, ethnic townships, or towns, the governors and deputy governors of provinces, the chairpersons and vice chairpersons of autonomous regions, the mayors and deputy mayors, the prefects and deputy prefects, heads and deputy heads of counties, districts, townships and towns, chairpersons of commissions of supervision, the presidents of the people’s courts, or the chief procurators of the people’s procuratorates, the number of candidates may exceed or equal the number of vacancies, and the electoral measures shall be decided by the people’s congresses at the corresponding levels.

Article 31 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 the members of its standing committee, members of the people’s government, the chairperson of the commission of supervision, the president of the people’s court, or the chief procurator of the people’s procuratorate at the corresponding level; the presidium shall refer the proposal to the people’s congress for deliberation.

When the people’s congress of a township, ethnic township, or town is in session, the presidium or a joint group of at least one fifth of the deputies may submit a proposal to remove from office the chairperson or vice chairpersons of the people’s congress, or the head or deputy heads of the township or town; the presidium shall refer the proposal to the people’s congress for deliberation.

In a proposal for removal from office, reasons for the removal shall be clearly stated.

Persons proposed to be removed from office shall have the right to defend themselves at a meeting of the presidium or at a plenary meeting of the session, or to submit their written defense. The defense made at the meeting of the presidium or the written defense shall be distributed to the 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 referred to the session by the presidium for deliberation, be submitted to the plenary meeting of the session for a vote; 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 on 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 32 A member of the standing committee or a special committee of a local people’s congress at or above the county level, a leader of a local people’s government at or above the country level, the chairperson of the commission of supervision, the president of a people’s court or the chief procurator of a people’s procuratorate may submit a resignation to the people’s congress at the corresponding level, and the people’s congress shall decide whether or not to accept the resignation; where the people’s congress is not in session, such a resignation may be submitted to its standing committee, which shall decide whether or not to accept the resignation. Where the standing committee decides to accept the 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 same level for approval.

The chairperson or a vice chairperson of the people’s congress of a township, ethnic township, or town, or the head or a deputy head of a township or a town may submit a resignation to the people’s congress at the corresponding level, and the people’s congress shall decide whether or not to accept the resignation.

Section Five

Committees of Local People’s Congresses

 

Article 33 The people’s congresses of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures and cities divided into districts may, according to their needs, establish special committees such as a law committee, financial and economic affairs committee, and education, science, culture and public health committee, environmental protection and resources conservation committee, and social development affairs committee. The people’s congresses of counties, autonomous counties, cities not divided into districts, or districts of cities may, according to their needs, establish special committees such as a law committee and financial and economic affairs committee.

The special committees shall be under the leadership of their people’s congresses; when the people’s congresses are not in session, they shall be under the leadership of the standing committees of their people’s congresses.

Article 34 Nominations for the chairperson, deputy chairpersons and members of a special committee shall be made by the presidium from 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 deputy chairpersons and some members of a special committee through nomination by its council of chairpersons and approval at a meeting of the standing committee.

The term of office of each special committee is the same as the term of office of its people’s congress and a special committee shall perform its duties until a new committee is established by the next people’s congress.

Article 35 The special committees shall, under the leadership of the people’s congress and its standing committee at the corresponding level, carry out the following work:

(1) to deliberate on the bills and proposals put forward by the presidium or the standing committee of their people’s congress;

(2) to put forward to the presidium or the standing committee of their people’s congress the bills and proposals within the scope of powers and functions of the people’s congress or the standing committee at the corresponding level that are relevant to the special committees, and organize the drafting of the relevant bills and proposals;

(3) to undertake the specific organization and implementation of the hearing of and deliberation on special work reports, law-enforcement inspections and questions on special topics by the standing committee of their people’s congress;

(4) to hear, in accordance with the work arrangements of the standing committee of their people’s congress, the special reports of the working departments of the people’s government, the commission of supervision, the people’s court and the people’s procuratorate at the corresponding level and provide suggestions;

(5) to investigate, study and make recommendations on issues related to the special committees that fall within the scope of powers and functions of the people’s congress and its standing committee at the corresponding level;

(6) to study and handle the suggestions, criticisms, and opinions of the deputies, and be responsible for supervising the handling of the relevant suggestions, criticisms, and opinions; and

(7) to handle other work assigned by the people’s congress and its standing committee at the corresponding level.

Article 36 A local people’s congress at or above the county level and its standing committee may form 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 at the corresponding level a proposal for organizing an investigation committee on specific questions, which shall be submitted by the presidium to the plenary meeting of the session for decision.

An investigation committee shall be composed of a chairperson, deputy chairpersons, and members, who shall be nominated by the presidium from the deputies and be submitted to the plenary meeting of the session for approval.

An investigation committee shall present an investigation report to the people’s congress at the corresponding level. 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 it to the next session of the people’s congress for the record.

Article 37 The credentials committee established at the first session of each people’s congress of a township, ethnic township, and town shall exercise its powers and functions until the term of office of that people’s congress expires.

Section Six

Deputies to Local People’s Congresses

Article 38 The term of office of the deputies to a local people’s congress shall begin with its first session of that people’s congress and expire at the first session of the succeeding people’s congress at the same level.

Article 39 Deputies to the local people’s congresses and members of the standing committees of local people’s congresses may not be legally liable for their speeches and voting at sessions of the people’s congresses or meetings of the standing committees.

Article 40 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. Where a deputy is detained because he is caught in flagrante delicto, 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 41 When deputies to local people’s congresses attend the sessions of their people’s congresses 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 42 The suggestions, criticisms, and opinions on various aspects of the work submitted by deputies to a local people’s congress at or above the county level to their people’s congress and the corresponding standing committee shall be referred by the administrative body of the standing committee of their people’s congress to the relevant organs and organizations for study and handling, and the working organ shall be responsible for making replies.

Suggestions, criticisms, and opinions on various aspects of work submitted by deputies to a people’s congress of a township, ethnic township, and town to their people’s congress shall be referred by the presidium of the people’s congress to the relevant organs and organizations for study and handling, and the presidium shall be responsible for making replies.

As to the handling of the suggestions, criticisms, and opinions of the deputies to a local people’s congress, the administrative body of the standing committee of a people’s congress at or above the county level shall report it to the standing committee and make it public, or the presidium of a people’s congress of a township, ethnic township, or town shall report it to the people’s congress and make it public.

Article 43 Deputies to the local people’s congresses at various levels shall maintain close contact with their constituencies or the units that elected them and with the public, hear their opinions and demands and convey them to the people’s congresses, and give full play to their role in the development of whole-process people’s democracy.

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 observers, 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, districts of cities, townships, ethnic townships, and towns shall apportion among themselves the task of maintaining contact with their constituencies; and a deputies’ group may be set up in residential areas or production units with three or more deputies.

Deputies to the local people’s congresses at various levels shall report to their constituencies or to the units that elected them on the performance of their duties.

Article 44 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 the supervision by the units which elected them; deputies to the people’s congresses of counties, autonomous counties, cities not divided into districts, districts of cities, townships, ethnic townships, and towns shall be subject to the supervision by their constituencies.

Electoral units and voters shall have the power to remove from office at any time the deputies they elected 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 45 In the event that a deputy to a local people’s congress is unable to perform his duties as a 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

Standing Committees of the Local People’s Congresses at or above the County Level

 

Section One

Composition and Term of Office of Standing Committees

 

Article 46 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 districts of cities and shall be responsible to their people’s congresses and report to them on their work.

Article 47 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 chairperson, deputy chairpersons, a secretary-general and members to be elected by the people’s congress from its deputies.

The standing committee of a people’s congress of a county, autonomous county, city not divided into districts, or district of a city shall be composed of a chairperson, deputy chairpersons and members to be elected by the people’s congress from its deputies.

No component member of the standing committee may hold office in an administrative, supervisory, judicial or procuratorial organ of the state; where a member assumes any of the above-mentioned offices, he must resign from his post on the standing committee.

The number of component members of the various standing committees shall be as follows:

(1) 45 to 75 members for those of provinces, autonomous regions, and municipalities directly under the Central Government and no more than 95 members for those of provinces each with a population exceeding 80 million;

(2) 29 to 51 members for those of cities divided into districts and for autonomous prefectures and no more than 61 members for those of cities divided into districts each with a population exceeding eight million; and

(3) 15 to 35 members for those of counties, autonomous counties, cities not divided into districts, and districts of cities and no more than 45 members for those of counties, autonomous counties, cities not divided into districts, and districts of cities each with a population exceeding one million.

The number of members of 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 by the people’s congress of the province, autonomous region and municipality directly under the Central Government on the basis of the local population and the composition of the standing committee. The number of members on the standing committee of the people’s congress of an autonomous prefecture, county, autonomous county, city and district of a city shall, in accordance with the provisions of the preceding paragraph, be determined by the standing committee of the people’s congress of the corresponding province, autonomous region and municipality directly under the Central Government on the basis of the local population and the composition of that standing committee. After the number of component members on the standing committee of a people’s congress is determined, it shall not be altered during the term of office of the current people’s congress.

Article 48 The standing committee of a local people’s congress at or above the county level shall have the same term of office as its people’s congress and shall exercise its powers and functions until a new standing committee is elected by the succeeding people’s congress at the same level.

Section Two

Powers and Functions of Standing Committees

Article 49 The standing committees of the people’s congresses of provinces, autonomous regions, and municipalities directly under the Central Government may, when their corresponding 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 local regulations do not contravene the Constitution, laws, and 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 divided into districts and autonomous prefectures may, when their corresponding people’s congresses are not in session, formulate local regulations within the limits of authority prescribed by law in accordance with the specific conditions and actual needs of their respective administrative areas, provided that these regulations do not contravene the Constitution, laws, administrative regulations and the local regulations of their corresponding provinces and autonomous regions; they shall submit such local regulations to the standing committees of the people’s congresses of their corresponding 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.

The standing committees of the people’s congresses of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts and autonomous prefectures may, in accordance with the needs of regional coordinated development, carry out law-making activities in a collaborative manner.

Article 50 The standing committee of a local people’s congress at or above the county level shall exercise the following powers and functions:

(1) to ensure, in its administrative area, the observance and execution of the Constitution, 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 and projects in its administrative area concerning politics, economy, education, science, culture, public health, eco-environmental protection, natural resources, urban and rural construction, civil affairs, social security, and ethnic affairs;

(5) upon the recommendation of the people’s government at the same level, to examine and approve the adjustments to the outlines of the plans for national economic and social development, plans for national economic and social development, and budgets of its administrative area;

(6) to supervise the implementation of the outlines of the plans for national economic and social development, plans for national economic and social development, and budgets of its administrative area, examine and approve the final accounts at its level, supervise the rectification of the problems identified through auditing, and examine and supervise government debt;

(7) to supervise the work of the people’s government, the commission of supervision, the people’s court and the people’s procuratorate at the same level, hear and deliberate on relevant special work reports, organize law-enforcement inspections, and conduct questions on special topics; contact the deputies to its people’s congress, and receive and handle accusations and complaints from the people against the above-mentioned organs and state functionaries;

(8) to supervise the management of state-owned assets by the people’s government at the same level and hear and deliberate on reports of the people’s government at the same level on the management of state-owned assets;

(9) to hear and deliberate on reports of the people’s government at the same level on the annual environmental condition and the achievement of environmental protection goals;

(10) to hear and deliberate on reports on the work of regulation filing and review;

(11) to annul inappropriate resolutions of the people’s congress and its standing committee at the next lower level;

(12) to annul inappropriate decisions and orders of the people’s government at the same level;

(13) to decide, when its people’s congress is not in session, on the appointment and removal of individual deputy governors of the province, vice chairpersons of the autonomous region, deputy mayors, deputy prefects, deputy heads of the county or district; when the governor of the province, the chairperson of the autonomous region, the mayor, the prefect, the head of the county or district, the chairperson of the commission of supervision, the president of the people’s court or the chief procurator of the people’s procuratorate is unable to assume his duties for any reason, to determine an acting candidate from among the deputy heads of the people’s government, the commission of supervision, the people’s court or the people’s procuratorate at the same level upon nomination by the council of chairpersons; the determination of an acting candidate for the chief procurator shall be reported to the people’s procuratorate and the standing committee of the people’s congress at the next higher level for the record;

(14) to decide, upon the nominations of the governor of the province, the chairperson of the autonomous region, the mayor, the prefect, the head of the county or district, the appointments and removals of the secretary-general, the directors of departments and bureaus, the chairpersons of commissions, and the section chiefs of the people’s governments at the same level, and to report such decisions to the people’s government at the next higher level for the record;

(15) to appoint and remove the deputy chairpersons and members of the commission of supervision upon the nominations of the chairperson of the commission of supervision;

(16) in accordance with the provisions of the Organic Law of the People’s Courts and the Organic Law of the People’s Procuratorates, to appoint or remove vice presidents, chief judges and associate chief judges of divisions, members of the judicial committees and judges of the people’s court, to appoint or remove deputy chief procurators, members of the procuratorial committee and procurators of the people’s procuratorate, and to approve the appointment or removal of the chief procurators of the people’s procuratorate 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 the council of chairpersons, 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 the branches of the people’s procuratorate;

(17) when its people’s congress is not in session, to decide on the removal from office of individual deputy governors of the province, vice chairpersons of the autonomous region, deputy mayors, deputy prefects, deputy heads of the county or district; to decide on the removal from office of other members of the people’s government at its level, deputy chairpersons and members of the commission of supervision, vice presidents, chief judges and associate chief judges of divisions, members of the judicial committee and judges of the people’s courts, deputy chief procurators, members of the procuratorial committees and procurators of the people’s procuratorate, presidents of intermediate people’s courts and chief procurators of the branches of the people’s procuratorate, who were appointed by it; and

(18) 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.

When discussing major issues and projects specified in item (4) of the preceding paragraph within its administrative area, the standing committee may make decisions or resolutions, and may also refer relevant opinions and suggestions to the relevant local state organs or entities for research and handling. The relevant information about such handling shall be reported to the standing committee in a timely manner.

Section Three

Standing Committee Meetings

Article 51 Meetings of a standing committee shall be convened by its chairperson and held at least once every two months. In case of special needs, meetings of a standing committee may be convened on an ad hoc basis. The chairperson may entrust a deputy chairperson to preside over the meetings.

The leading persons of the local people’s governments, the commissions of supervision, the people’s courts, and the people’s procuratorates shall attend the meetings of the standing committees of the people’s congresses at their corresponding levels as nonvoting observers.

A standing committee meeting shall be held only when more than half of its members are present at the meeting.

Resolutions of a standing committee shall be adopted by a majority vote of all its members.

Article 52 The council of chairpersons of the standing committee of a local people’s congress at or above the county level may submit to the standing committee of its people’s congress, the bills and proposals falling within the powers and functions of the standing committee, which shall be deliberated on at the meeting of the standing committee.

A local people’s government at or above the county level or a special committee of a local people’s congress at or above the county level may submit to the standing committee of its people’s congress the bills and proposals falling within the powers and functions of the standing committee. The council of chairpersons 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.

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 city divided into districts, or a group of three or more standing committee members of a people’s congress at the county level, may submit to the standing committee of their people’s congress the bills and proposals falling within the powers and functions of the standing committee. The council of chairpersons shall decide whether 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 deciding on whether or not to submit them to a meeting of the standing committee for deliberation.

Article 53 When the standing committee is in session, 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 submit to the standing committee written inquiries to the people’s government and its working departments, the commission of supervision, the people’s court, or the people’s procuratorate at the corresponding level. The written inquiries must specify to whom the inquiries are addressed and the issues involved and their detail content.

The inquiries shall be decided by the council of chairpersons to be referred to the organs inquired for oral replies at a plenary meeting of the standing committee or a meeting of the relevant special committee, or for written replies. Where replies are made at a meeting of the special committee, the members of the standing committee who made the inquiries shall have the right to attend the meeting as nonvoting observers and express their opinions; where the council of chairpersons deems it necessary, it may distribute the report on the replies to the inquiries at the meeting of the standing committee.

Where the reply is to be made orally, the leading person of the organ to which the inquiry is addressed shall be present at the meeting to give the reply; where the reply is to be made in writing, it shall be signed by the leading person of the organ to which the inquiry is addressed and distributed by the council of chairpersons at the meeting of the standing committee or to the members of the standing committee who made the inquiry.

Article 54 The chairperson, deputy chairpersons, 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 chairpersons; the chairperson and deputy chairpersons of the standing committee of the people’s congress of a county, autonomous county, city not divided into districts, or district of a city shall constitute its council of chairpersons.

The council of chairpersons shall handle the important day-to-day work of its standing committee:

(1) to decide on the duration of each meeting of the standing committee, prepare a draft agenda for the meeting, and where necessary, make proposals to adjust the agenda of the meeting;

(2) to decide to refer the bills, proposals and written inquiries submitted to the standing committee to the relevant special committee for deliberation or to the plenary meeting of the standing committee for deliberation;

(3) to decide whether to refer bills, proposals, draft decisions or draft resolutions to the plenary meeting of the standing committee for voting, and to propose opinions on how to deal with them for the next step in case the bills, proposals, draft decisions or draft resolutions are not put to a vote for the time being;

(4) to adopt the annual work plan of the standing committee;

(5) to direct and coordinate the day-to-day work of special committees; and

(6) to do other important day-to-day work.

Article 55 In the event that the chairperson of a standing committee is unable to work due to medical conditions or that his office falls vacant, the standing committee shall select one of the deputy chairpersons to act on behalf of the chairperson until he is recovered or a new chairperson is elected by the people’s congress.

Section Four

Committees and Working Organs of Standing Committees

 

Article 56 The standing committee of each local people’s congress at or above the county level shall establish a credentials committee.

Nominations for the chairperson, deputy chairpersons, and members of a credentials committee shall be made by the council of chairpersons of the standing committee from among the members of the standing committee and they shall be appointed or removed from office by the standing committee.

Article 57 The credentials committee shall examine whether elections of deputies are conducted in conformity with the provisions prescribed by law.

Article 58 The council of chairpersons or at least one fifth of the members of the standing committee jointly in written, may submit to the standing committee of their people’s congress a proposal for organizing an investigation committee on specific issues, which shall be decided by the plenary meeting of the standing committee.

An investigation committee shall be composed of a chairperson, deputy chairpersons, and members, who shall be nominated by the council of chairpersons from among the members of the standing committee or other deputies and be submitted to the plenary meeting of the standing committee for approval.

An investigation committee shall present an investigation report to the standing committee of its people’s congress. The standing committee may make an appropriate resolution on the basis of the report presented by the investigation committee.

Article 59 A standing committee may set up an administrative body and other working organs such as a legislative affairs commission, a budgetary affairs commission, and a deputy affairs commission according to its needs in work.

The standing committee of the people’s congress of a province and autonomous region may set up working organs in the prefectures under its jurisdiction.

The standing committee of the people’s congress of a district of a city or a city not divided into districts may set up working organs in subdistricts. Such working offices shall maintain contact with deputies to the people’s congresses residing in the subdistricts, organize activities for the deputies, convey the suggestions, criticisms and opinions of deputies and the public, handle work regarding supervision and election or other issues assigned by its standing committee, and report work to its standing committee.

The standing committee of the people’s congress of a county or autonomous county may set up working organs in subdistricts by applying the provisions of the preceding paragraph mutatis mutandis.

Article 60 The standing committees, special committees, and working organs of the local people’s congresses at or above the county level shall establish a sound working mechanism for the liaison between the deputies to these people’s congresses and the members of the standing committees, the special committees, and the working organs; support and ensure that deputies perform their duties according to law; expand deputies’ participation in all the work; and give full play to the role of deputies.

The standing committees of the local people’s congresses at or above the county level shall maintain close contact with the people by establishing outreach offices at the grassroots level and deputy liaison offices in order to solicit comments and suggestions on legislation, supervision and other works.

 

Chapter IV

Local People’s Governments

 

Section One

General Rules

 

Article 61 People’s governments shall be established in provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures, counties, autonomous counties, cities, districts of cities, townships, ethnic townships, and towns.

Article 62 The local people’s governments at all levels shall safeguard the authority of the Constitution and laws, adhere to law-based administration, and build themselves into law-based governments which have appropriately defined functions, perform statutory powers and responsibilities, and strictly enforce the law, which are open, impartial, smart, efficient, honest and trustworthy, and with which the people are satisfied.

Article 63 The local people’s governments at various levels shall commit to a people-centered approach, wholeheartedly serve the people, improve administrative efficiency, and become more service-oriented.

Article 64 The local people’s governments at various levels shall strictly implement the regulations on clean governance and strengthen efforts to build a clean government.

Article 65 The local people’s governments shall adhere to the principle of integrity, strengthen government integrity-building, and build themselves into trustworthy governments.

Article 66 The local people’s governments at various levels shall adhere to openness of government affairs; comprehensively promote the openness of decision-making, implementation, management, services, and outcomes; accurately disclose government information in accordance with the law and in a timely manner; promote the sharing of government data in an orderly manner; and improve government transparency.

Article 67 The local people’s governments at various levels shall adhere to scientific, democratic, and law-based decision-making, in order to improve the quality of decision-making.

Article 68 The local people’s governments at various levels shall be subject to supervision in accordance with law to ensure the proper and law-based exercise of administrative power.

Article 69 The local people’s government at any level shall be accountable to and report its work to the people’s congress at its corresponding level and the state administrative organs at the next higher level. The local people’s governments at or above the county level shall be accountable to and report their work to the standing committees of the people’s congresses at their corresponding levels when the people’s congresses are not in session.

The local people’s governments at any level throughout the country are state administrative organs under the unified leadership of the State Council and shall be subordinate to the State Council.

The local people’s governments at various levels shall implement the system of requesting instructions on major issues and the reporting system on major issues.

 

Section Two

Composition and Term of Office of Local People’s Governments

 

Article 70 The people’s government of a province, autonomous region, municipality directly under the Central Government, autonomous prefecture or city divided into districts shall have, accordingly, a governor and deputy governors of the province, a chairperson and vice chairpersons of the autonomous region, a mayor and deputy mayors, or a prefect and deputy prefects, and shall have a secretary-general, department chiefs, bureau chiefs, and commission chiefs.

The people’s government of a county, autonomous county, city not divided into districts, or district of a city shall have, accordingly, a head and deputy heads of the county, a mayor and deputy mayors of the city, or a head and deputy heads of the district, and shall have bureau chiefs and section chiefs.

The people’s government of a township or ethnic township shall have a head and deputy heads of the township. The head of an ethnic township shall be a citizen of the ethnic minority that establishes the ethnic township. The people’s government of a town shall have a head and deputy heads of the town.

Article 71 After the leading persons of a new people’s government are elected in accordance with the law, they shall, within two months, request the standing committee of the people’s congress at its corresponding level to appoint the secretary-general, department chiefs, bureau chiefs, commission chiefs, or section chiefs of the people’s government.

Article 72 The term of office of a local people’s government at any level shall be five years.

 

Section Three

Powers and Functions of Local People’s Governments

 

Article 73 A local people’s government at or above the county level shall exercise the following powers and functions:

(1) to implement the resolutions of the people’s congress and its standing committee at its level as well as decisions and orders of the state administrative organs at higher levels, formulate administrative measures and 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 the 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 in accordance with the provisions of laws;

(5) to prepare and implement the outline of the plan for national economic and social development, the plan for national economic and social development, and the budget, administer the economy, education, science, culture, public health, sports, urban and rural construction, etc., and conduct administrative work concerning ecological environment protection, natural resources, finance, civil affairs, social security, public security, ethnic affairs, judicial administration, population and family planning within its administrative area;

(6) to protect the socialist property owned by the whole people and the property collectively owned by the working people, protect the legitimate private property owned by citizens, maintain public order, and safeguard the personal, democratic and other rights of citizens;

(7) to perform duties for the management of state-owned assets;

(8) to protect the legitimate rights and interests of all kinds of economic organizations;

(9) to consolidate the strong sense of community for the Chinese nation, promote broad exchanges and interactions among ethnic groups, and safeguard the lawful rights and interests of ethnic minorities, safeguard the freedom of ethnic minorities to retain or reform their folkways and customs, assist the ethnic autonomous areas within its administrative area to exercise regional autonomy in accordance with the Constitution and laws, and assist the various ethnic minorities in their political, economic and cultural development;

(10) to safeguard women’s rights as endowed by the Constitution and laws, such as equality with men, equal pay for equal work and freedom of marriage; and

(11) to handle other matters assigned by state administrative organs at higher levels.

Article 74 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, and 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 divided into districts or autonomous prefecture may, within the limits of statutory authority, formulate rules in accordance with administrative regulations and the local regulations of its province and autonomous region, and report them to the State Council, the standing committee of the people’s congress and the people’s government of its 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 75 When formulating normative documents concerning the rights and obligations of individuals and organizations, the local people’s governments at or above the county level shall, in accordance with their statutory limits of authority and procedures, conduct evaluations and argumentation, solicit public opinions, carry out legality reviews, make decisions through collective discussion, publish the normative documents and put them on the record.

Article 76 The people’s government of a township, ethnic township, or town shall exercise the following powers and functions:

(1) to implement the resolutions of the people’s congress at its 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, administer the economy, education, science, culture, public health, sports, etc., and conduct administrative work concerning ecological environment protection, finance, civil affairs, social security, public security, ethnic affairs, judicial administration, population and family planning within its administrative area;

(3) to protect the socialist property owned by the whole people and the property collectively owned by the working people, protect the legitimate private property owned by citizens, maintain public order, and safeguard the personal, democratic and other rights of citizens;

(4) to protect the legitimate rights and interests of all kinds of economic organizations;

(5) to consolidate the strong sense of community for the Chinese nation, promote broad exchanges and interactions among ethnic groups, and safeguard the lawful rights and interests of ethnic minorities, safeguard the freedom of ethnic minorities to retain or reform their folkways and customs;

(6) to safeguard women’s rights as endowed by the Constitution and laws, such as equality with men, equal pay for equal work and freedom of marriage; and

(7) to handle other matters assigned by state administrative organs at higher levels.

Article 77 The leader responsibility system shall be practiced by local people’s governments in which overall responsibility for the work of the local people’s governments shall be assumed accordingly by the governors of provinces, the chairpersons of the autonomous regions, the mayors, the prefects, the heads of counties, the heads of districts, the heads of townships, and the heads of towns.

The governor of a province, the chairperson of an autonomous region, the mayor, the prefect, the head of a county, district, township, or town shall direct the work of the corresponding local people’s government.

Article 78 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 of the province, the chairperson and vice chairpersons of the autonomous region, the mayor and deputy mayors, or the prefect and deputy prefects, and additionally the secretary-general. The executive meetings of the people’s government of a county, autonomous county, city not divided into districts, or district of a city shall be attended, respectively, by the head and deputy heads of the county, the mayor and deputy mayors, or the head and deputy heads of district. The governor of the province, the chairperson of the autonomous region, the mayor, the prefect, the 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 governments.

 

Section Four

Institutional Setup of Local People’s Governments

 

Article 79 Local people’s governments shall establish necessary working offices in accordance with work requirements and the principle of compact and efficient organization.

Auditing bodies shall be established by the local people’s governments at or above the county level. Local auditing bodies shall independently exercise their power of supervision through auditing in accordance with law and shall be accountable to their people’s governments 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 the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government, and the establishment, increase, reduction or amalgamation of such working offices as bureaus and sections under the people’s governments of autonomous prefectures, counties, autonomous countries, cities, and districts of cities shall be reported for approval in accordance with the prescribed procedures and reported to the standing committees of the people’s congresses at the corresponding levels for the record.

Article 80 The local people’s governments at or above the county level may, in accordance with the national strategy for regional development and in light of the actual local needs, jointly establish inter-administrative areas working mechanisms for coordinated regional development  , and strengthen regional cooperation.

The people’s government shall guide, coordinate and supervise the work of the people’s governments at lower levels on regional cooperation.

Article 81 The local people’s governments at or above the county level may, in light of their needs for responding to major emergencies, establish inter-departmental command and coordination mechanisms.

Article 82 Each department, bureau, commission and section shall have a department director, bureau director, commission chairperson and section chief, respectively, and may have deputies to those positions when necessary.

A general office or office department 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 83 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 their respective people’s governments and shall be under the operational guidance or leadership of the competent departments of the State Council in accordance with the provisions of laws or administrative regulations.

The working departments of the people’s governments of autonomous prefectures, counties, autonomous counties, cities, and districts of cities shall be under the unified leadership of their respective people’s governments and shall be under the operational guidance or leadership of the competent departments of the people’s governments at higher levels in accordance with the provisions of laws or administrative regulations.

Article 84 The people’s governments of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures, counties, autonomous counties, cities, and districts of cities shall assist in the work of the state organs, enterprises, and public institutions that are located in their respective administrative areas but not under their administration, and shall supervise them in the observance and implementation of laws and policies.

Article 85 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 district of a city or city not divided into districts may establish subdistrict offices as its agencies.

Article 86 The subdistrict offices shall, within their respective areas, handle public services, public administration, public security and other work assigned by the people’s governments that established them, perform the duties such as comprehensive management, overall planning and coordination, emergency response and administrative law enforcement in accordance with law, and reflect the opinions and demands of residents.

Article 87 The people’s governments of townships, ethnic townships, towns, districts of cities and cities not divided into districts or subdistrict offices shall guide, support and assist primary-level people’s self-governance organizations in their work. Primary-level people’s self-governance organizations shall assist the people’s governments of townships, ethnic townships, towns, districts of cities and cities not divided into districts or subdistrict offices in their work.

Article 88 The people’s governments of townships, ethnic townships, and towns and subdistrict offices may, in light of the actual situation, establish a system for residents to attend relevant meetings as nonvoting observers.

 

Chapter V

Supplementary Provisions

 

Article 89 In addition to exercising the powers and functions provided by this Law, the autonomous organs of autonomous regions, autonomous prefectures, and autonomous counties shall exercise the right of self-government in accordance with the Constitution, the Law on Regional Ethnic Autonomy and other laws.

Article 90 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 situation, make specific provisions on problems that occur in the course of implementing this Law.

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