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)

 

Contents

 

Chapter 1: General Provisions

 

Chapter 2: Local People's Congresses at Various Levels

 

Chapter 3: The Standing Committees of Local People's Congresses at and above the County Level

 

Chapter 4: Local People's Governments at Various Levels

 

Chapter 1: 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 and towns.

 

People's congresses and management committees shall be established in people's communes.

 

Article 2 Standing committees shall be established by local people's congresses at or above the county level.

 

Chapter 2: Local People's Congresses at Various Levels

 

Article 3 Local people's congresses at various levels shall be local organs of state power.

 

Article 4 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, people's communes 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 from the minority nationalities in each administrative area.

 

Article 5 The term of office of the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government shall be five years. The term of office of the people's congresses of autonomous prefectures, counties, autonomous counties, cities and municipal districts shall be three years. The term of office of the people's congresses of people's communes and towns shall be two years.

 

Article 6 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, the law, policies, decrees and administrative orders of the state, and they shall report such local regulations to the Standing Committee of the National People's Congress and the State Council for the record.

 

Article 7 Local people's congresses at or 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, the law, policies, decrees, administrative orders and the resolutions of the people's congresses at higher levels, and to ensure the implementation of the state plan and the state budget;

 

(2) To examine and approve the economic plans, budgets and financial reports of their respective administrative areas;

 

(3) To discuss and decide on major issue in political, economic, cultural, educational, public health, and civil and nationality affairs in their respective administrative areas;

 

(4) To elect the members of their respective standing committees;

 

(5) To decide on the choice of governors and deputy governors, chairman and vice- chairmen of autonomous regions, mayors and deputy mayors, prefects and deputy prefects, and heads and deputy heads of counties and districts;

 

(6) The people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government shall elect the presidents of the people's courts at the corresponding levels and the presidents of intermediate people's courts;

 

The people's congresses of autonomous prefectures, counties, autonomous counties, cities and municipal districts shall elect the presidents of the people's courts at the corresponding levels;

 

(7) The people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government shall elect the chief procurators of the people's procuratorates at the corresponding levels and the chief procurators of their branches;

 

The people's congresses of autonomous prefectures, counties, autonomous counties, cities and municipal districts shall elect the chief procurators of the people's procuratorates at the corresponding levels;

 

The election of a new 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;

 

(8) To elect deputies to the people's congresses at the next higher level;

 

(9) To hear and examine reports on the work of the standing committees of the people's congresses at the corresponding levels;

 

(10) 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;

 

(11) To alter or annul inappropriate resolutions and orders of the people's governments at the corresponding levels;

 

(12) To alter or annul inappropriate resolutions of the people's congresses and inappropriate resolutions and orders of the people's governments at the next lower level;

 

(13) 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;

 

(14) To safeguard the proper decision-making power of basic accounting units of the people's communes;

 

(15) To safeguard the rights of minority nationalities; and

 

(16) To safeguard women's political rights, rights to work and to receive equal pay for equal work and other rights equal to those of men.

 

Article 8 The people's congresses of people's communes and towns shall exercise the following functions and powers:

 

(1) To ensure the observance and execution, in their respective administrative areas, of the Constitution, the law, policies, decrees and administrative orders and the resolutions of the people's congresses 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 decide on plans for civil affairs in their respective administrative areas;

 

(5) To elect directors, deputy directors and the management committee members of people's communes and to decide on the choice of heads and deputy heads of towns;

 

(6) To hear and examine reports on the work of the management committees of people's communes and of the people's governments of towns;

 

(7) To alter or annul inappropriate resolutions and orders of the management committees of people's communes and the people's governments of towns;

 

(8) 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;

 

(9) To safeguard the proper decision-making power of basic accounting units of the people's communes;

 

(10) To safeguard the rights of minority nationalities; and

 

(11) To safeguard women's political rights, rights to work and to receive equal pay for equal work and other rights equal to those of men.

 

In exercising their functions and powers, the people's congresses of people's communes and towns in which minority nationalities live in concentrated communities shall adopt specific measures appropriate to the characteristics of the nationalities concerned.

 

Article 9 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 people's congresses. The removal of the chief procurator of a 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 10 Sessions of local people's congresses at or above the county level shall be convened by their standing committees.

 

Sessions of people's congresses of people's communes and towns shall be convened by the management committees of people's communes and the people's governments of towns.

 

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 When a local people's congress meets, it shall elect a presidium to conduct its session.

When a local people's congress at or above the county level meets, it shall choose a secretary-general and deputy secretaries-general. The choice of the secretary-general shall be approved by a session of the people's congress; the choice of the deputy secretaries-general shall be decided by its presidium.

 

Article 13 When a local people's congress holds its session, it may establish a credentials committee, a bills examination committee and other committees that are deemed necessary, which shall work under the direction of the presidium.

 

Article 14 When a local people's congress holds its sessions, its presidium and standing committee, the people's government at the corresponding level and deputies (with the support of at least three other deputies) may submit bills or proposals.

 

Bills and proposals submitted to a session of a local people's congress shall be referred to it by the presidium for discussion; they may also be referred to the bills examination committee for examination before they are submitted to the session for discussion.

 

Article 15 When a local people's congress conducts an election or adopts a resolution, a majority vote of all the deputies shall be required.

 

Article 16 Governors and deputy governors, chairmen and vice-chairmen of autonomous regions, mayors and deputy mayors, prefects and deputy prefects, heads and deputy heads of counties, districts and towns, members of the management committees of people's communes, and members of the standing committees of local people's congresses, presidents of the people's courts and chief procurators of the people's procuratorates at or above the county level shall be nominated by the presidium of the people's congress at the corresponding level or jointly nominated by deputies to the congress. There should generally be more candidates than vacancies to be filled. If a large number of candidates is nominated, a preliminary election may be conducted to determine, according to the majority's opinion, the final list of the candidates.

 

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 voters or abstain from voting.

 

Article 17 When local people's congresses at various levels hold their sessions, responsible persons of all departments under the people's governments, the presidents of the people's courts and the chief procurators of the people's procuratorates at the corresponding levels may attend the sessions but as nonvoting delegates.

 

Article 18 When local people's congresses at various levels hold their sessions, questions addressed by the deputies to the people's governments or the departments under them, to the people's courts and the people's procuratorates at the corresponding levels shall be referred by the presidiums to the organs addressed. The organs to which the questions are addressed must responsibly answer the questions at the sessions.

 

Article 19 No deputy to a local people's congress at or above the county level may be arrested or placed on trial without the consent of the standing committee of that people's congress. If a deputy is caught in the act of crime and detained, the organ executing the detention must immediately report the matter to the standing committee of that people's congress approval.

 

Article 20 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 traveling expenses and the requisite, material facilities or subsidies.

 

Article 21 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, decrees 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, people's communes and towns shall apportion among themselves the task of maintaining contact with their constituencies; in residential area 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 22 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, people's communes and towns shall be subject to supervision by their constituencies.

 

Electoral units and voters shall have the power to recall and replace at any time the deputies they elect to a local people's congress at any level. The recall and replacement 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 23 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 his electoral district shall hold a by-election to replace him.

 

Article 24 The organs of self-government of autonomous regions, autonomous prefectures and autonomous counties shall, in addition to exercising the functions and powers as specified by this Law, exercise the power of autonomy within the limit of their authority as prescribed by law.

 

Chapter 3: The Standing Committees of Local People's Congresses at and Above the County Level

 

Article 25 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 26 The standing committee of a local people's congress at or above the county level shall be coosed of a chairman, vice-chairmen and members to be elected by that people's congress from among its deputies. No one on the standing committee may concurrently hold office in the people's government, people's court and people's procuratorate at the same level.

 

The number of 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 extremely large populations;

 

(2) 13 to 35 members for those of autonomous prefectures, and cities, and no more than 45 members for cities with extremely large populations;

 

(3) 11 to 19 members for those of counties, autonomous counties, and municipal districts and no more than 29 members for those of counties or municipal districts with extremely large populations.

 

Article 27 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, the law, policies, decrees or administrative orders of the state; they shall report such local regulations to the Standing Committee of the National People's Congress and the State Council for the record.

 

Article 28 The standing committee of a local people's congress at or above the county level shall exercise the following functions and powers:

 

(1) To direct or conduct the election of deputies to its people's congress;

 

(2) To convene sessions of its congress;

 

(3) To discuss and decide on major issues in political, economic, cultural, educational, public health, civil and nationality affairs in its administrative area;

 

(4) To decide, upon the recommendation of the people's government at the corresponding level, to make partial alterations in the national economic plans and budgets of its administrative area;

 

(5) 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 abovementioned organs and state functionaries;

 

(6) To alter or annul inappropriate resolutions of the people's congress at the next lower level;

 

(7) To decide on the appointment or removal of deputy governors, vice-chairmen of the autonomous region, deputy mayors, deputy prefects and deputy heads of the county or district when its people's congress is not in session; and to decide on the choice of a person to act on behalf of the governor, chairman of an autonomous region, mayor, prefect or head of a county or district when the latter is, for any reason, unable to perform his duties;

 

(8) To decide 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 State Council or the people's government at the next higher level for approval;

 

(9) 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 judged of divisions, members of the judicial committees and judges of the people's courts, and to appoint or remove or approve the appointment or removal of deputy chief procurators, members of the procuratorial committees and procurators of the people's procuratorates;

 

(10) 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 replace individual deputies; and

 

(11) To decide on the conferment of local titles of honour.

 

Article 29 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 30 Standing committees may set up administrative offices according to their needs in work.

 

Chapter 4: Local People's Government at Various Levels

 

Article 31 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 32 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 or 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.

 

Article 33 The people's government of a province, autonomous region, or municipality directly under the Central Government shall be respectively composed of the governor and deputy governors, the chairman and vice-chairmen of the autonomous region; or the mayor and deputy mayors, and additionally the secretary-general, department directors, bureau directors and commission chairmen.

 

The people's government of an autonomous prefecture, county, autonomous county, city or municipal district shall be respectively composed of the prefect and deputy prefects, 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 town shall have a town head and deputy heads. The management committee of a people's commune shall be composed of a director, deputy directors and members.

 

Article 34 The term of office of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall be five years. The term of office of the people's governments of autonomous prefectures, counties, autonomous counties, cities and municipal districts shall be three years. The term of office of the management committees of people's communes and the people's governments of towns shall be two years.

 

Article 35 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 the resolutions and orders of state administrative organs at higher levels, formulate administrative measures and issue resolutions 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 resolutions and orders of the people's governments at lower levels;

 

(4) To appoint or remove personnel in state organs and award or punish them according to the provisions of the law;

 

(5) To implement its economic plans and budgets and administer the work of economic and cultural development, civil affairs, public security and other such work in 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 safeguard the proper decision-making power of the basic accounting units of people's communes;

 

(8) To safeguard the rights of minority nationalities and respect their folkways and customs. A provincial people's government shall also assist those areas where minority nationalities live in concentrated communities within its sphere of jurisdiction to exercise regional autonomy, and it shall assist the various minority nationalities in their political, economic and cultural development;

 

(9) To safeguard women's political rights, rights to work and to receive equal pay for equal work and other rights equal to those of men; and

 

(10) To handle other matters assigned by state administrative organs at higher levels.

 

Article 36 The management committee of a people's commune and the people's government of a town shall exercise the following functions and powers:

 

(1) To implement the resolutions of the people's congress at the corresponding level and the resolutions and orders of state administrative organs at higher levels and to issue resolutions and orders;

 

(2) To direct the election of deputies to the people's congress at the corresponding level;

 

(3) To convene sessions of the people's congress at the corresponding level;

 

(4) To administer the work of economic and cultural development, civil affairs, public security and other such work in its administrative area;

 

(5) 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;

 

(6) To safeguard the proper decision-making power of the basic accounting unit of a people's commune;

 

(7) To safeguard the rights of minority nationalities and respect their folkways and customs;

 

(8) To safeguard women's political rights, rights to work and to receive equal pay for equal work and other rights equal to those of men; and

 

(9) To handle other matters assigned by the people's governments at higher levels.

 

Article 37 The governors, chairmen of autonomous regions, mayors, prefects, heads of counties, districts and towns shall direct the work of their local people's governments at the corresponding levels. The directors of people's communes shall direct the work of the management committees.

 

Article 38 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.

 

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.

 

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.

 

Article 39Each 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 40 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 as well as the leadership or operational guidance of competent departments of the State Council.

 

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 their respective people's governments as well as the leadership or operational guidance of competent departments of the people's governments at higher levels.

 

Article 41 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, decrees and policies.

 

Article 42 When necessary and with the approval of the State Council, the people's government of a province or autonomous region may establish special administrative offices as their 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 neighborhood offices as its agencies.

 




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