Organization Law of the People's Republic of China for Local People's Congresses at All Levels and Local People's Governments at All Levels (2015 Amendment)

Organization Law of the People's Republic of China for Local People's Congresses at All Levels and Local People's Governments at All Levels (2015 Amendment) Organization Law of the People's Republic of China for Local People's Congresses at All Levels and Local People's Governments at All Levels (Adopted at the Second Session of the Fifth National People's Congress on July 1, 1979; Amended for the first time in accordance with the Resolution on Revising Certain Provisions of the Organic Law of the Local People's Congresses and Local People's Governments of the People's Republic of China, adopted at the Fifth Session of the Fifth National People's Congress on December 10, 1982; amended for the second time in accordance with the Decision on Revising the Organic Law of the Local People's Congresses and Local People's Governments of the People's Republic of China , adopted at the 18th session of the Sixth National People's Congress on December 2, 1986; amended for the third time in accordance with the Decision on Revising the Organic Law of the Local People's Congresses and Local People's Governments of the People's Republic of China , adopted at the 12th Meeting of the Eighth National People's Congress on February 28, 1995, amended for the forth time in accordance with Decision of the Standing Committee of the National People's Congress about the Amendments to the Organic Law of the People's Republic of China on the Local People's Congresses and Local People's Governments adopted at the twelfth session of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on October 27, 2004; and amended for the fifth time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending the Organization Law of the People's Republic of China for Local People's Congresses at All Levels and Local People's Governments at All Levels , the Election Law of the People's Republic of China for the National People's Congress and Local People's Congresses at All Levels , and the Law of the People's Republic of China on Deputies to the National People's Congress and Local People's Congresses at All Levels , adopted at the 16th Meeting of the Twelfth National People's Congress on August 29, 2015) Contents Chapter I General Provisions Chapter II Local People's Congresses at Various Levels Chapter III The Standing Committees of Local People's Congresses at and above the County Level Chapter IV Local People's Governments at Various Levels Chapter V Supplementary Provisions Chapter I General Provisions Article 1 People's congresses and people's governments shall be established in provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures, counties, autonomous counties, cities, municipal districts, townships, nationality townships, and towns. Article 2 Standing committees shall be established by local people's congresses at and above the county level. Article 3 The organs of self-government of autonomous regions, autonomous prefectures and autonomous counties shall, in addition to exercising the functions and powers specified in this Law, exercise the power of autonomy within the limits of their authority as prescribed by the Constitution , the Law on Regional National Autonomy and other laws. Chapter II Local People's Congresses at Various Levels Article 4 Local people's congresses at various levels shall be local organs of state power. Article 5 The autonomous regions, municipalities directly under the Central Government, autonomous prefectures and cities divided into districts shall be elected by the people's congresses at the next lower level; deputies to the people's congresses of counties, autonomous counties, cities not divided into districts, municipal districts, townships, nationality townships, and towns shall be elected directly by their constituencies.The number of deputies to the local people's congresses at various levels and the manner of their election shall be prescribed by the electoral law. There shall be an appropriate number of deputies elected from the minority nationalities in each administrative area. Article 6 The term of office for each local people's congress shall be 5 years. Article 7 The people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government may, in the light of the specific conditions and actual needs of their respective administrative areas, formulate and promulgate local regulations, which must not contravene the Constitution , the law and administrative rules and 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 districted cities, in the light of the specific conditions and actual needs of their respective cities, formulate local regulations, which must not contravene the Constitution , the law, administrative rules and regulations, and the local regulations of their respective provinces and autonomous regions; they shall report such local regulations to the standing committees of the people's congresses of the respective provinces and autonomous regions for approval before implementation and for submission to the Standing Committee of the National People's Congress and the State Council for the record. Article 8 Local people's congresses at and above the county level shall exercise the following functions and powers: (1) to ensure the observance and execution, in their respective administrative areas, of the Constitution , the law, administrative rules and regulations and the resolutions of the people's congresses and their standing committees at higher levels, and to ensure the implementation of the state plan and the state budget; (2) to examine and approve the plans for national economic and social development and budgets of their respective administrative areas and the reports on the implementation of such plans and budgets; (3) to discuss and decide on major issues in political, economic, educational, scientific, cultural, public health, protection of the environment and natural resources and civil and nationality affairs in their respective administrative areas; (4) to elect the members of their respective standing committees; (5) to elect governors and deputy governors, chairmen and vice-chairmen of autonomous regions, mayors and deputy mayors, prefects and deputy prefects, and heads and deputy heads of counties and districts; (6) to elect the presidents of the people's courts and the chief procurators of the people's procuratorates at the corresponding levels; the election of the chief procurator of a people's procuratorate shall be reported to the chief procurator of the people's procuratorate at the next higher level, who shall submit it to the standing committee of the people's congress at that same level for approval; (7) to elect deputies to the people's congresses at the next higher level; (8) to hear and examine reports on the work of the standing committees of the people's congresses at the corresponding levels; (9) to hear and examine reports on the work of the people's governments, the people's courts and the people's procuratorates at the corresponding levels; (10) to alter or annul inappropriate resolutions of the standing committees of the people's congresses at the corresponding levels; (11) to annul inappropriate decisions and orders of the people's governments at the corresponding levels; (12) to protect the socialist property owned by the whole people, property owned collectively by working people and citizens' legitimate private property, maintain public order and safeguard citizens rights of the person and their democratic and other rights; (13) to protect the legitimate rights and interests of various economic organizations; (14) to safeguard the rights of minority nationalities; and (15) to safeguard women's rights as endowed by the Constitution and the law, such as equality with men, equal pay for equal work and freedom of marriage. Article 9 The people's congresses of townships, nationality townships, and towns shall exercise the following functions and powers: (1) to ensure the observance and execution, in their respective administrative areas, of the Constitution , the law, administrative rules and regulations, and the resolutions of the people's congresses and their standing committees at higher levels; (2) to adopt and promulgate resolutions within the scope of their functions and powers; (3) to decide, in accordance with state plans, on plans for the development of the economy, cultural affairs and public services in their respective administrative areas; (4) to examine and approve the budgets of their respective administrative areas as well as the reports on the implementation of the budgets; (5) to decide on plans for civil affairs in their respective administrative areas; (6) to elect the chairman and vice-chairmen of the people's congress at the corresponding level; (7) to elect heads and deputy heads of townships and towns; (8) to hear and examine reports on the work of the people's governments of townships, nationality townships, and towns; (9) to annul inappropriate decisions and orders of the people's governments of townships, nationality townships, and towns; (10) to protect the socialist property owned by the whole people, property owned collectively by working people and citizens' legitimate private property, to maintain public order and safeguard citizens' rights of the person and their democratic and other rights; (11) to protect the legitimate rights and interests of various economic organizations; (12) to safeguard the rights of minority nationalities; and (13) to safeguard women's rights as endowed by the Constitution and the law, such as equality with men, equal pay for equal work and freedom of marriage.In exercising their functions and powers, the people's congresses of townships, nationality townships, and towns in which minority nationalities live in concentrated communities shall adopt specific measures appropriate to the characteristics of the nationalities concerned. Article 10 Local people's congresses at various levels shall have the power to remove from office members of the people's governments at the corresponding levels. Local people's congresses at or above the county level shall have the power to remove from office members of their standing committees and the presidents of the people's courts and the chief procurators of the people's procuratorates elected by those standing committees. The removal of the chief procurator of a people's procuratorate shall be reported to the chief procurator of the people's procuratorate at the next higher level, who shall submit the matter to the standing committee of the people's congress at that same level for approval. Article 11 Local people's congresses at various levels shall meet in session at least once a year.A session of a local people's congress may be convened at any time upon the proposal of one-fifth of its deputies. Article 12 Sessions of local people's congresses at or above the county level shall be convened by their standing committees. Article 13 A preliminary meeting shall be held for each session of a local people's congress at or above the county level to elect the presidium and secretary-general of that session, adopt the agenda for the session and decide on other preparations. The preliminary meeting shall be presided over by the standing committee of the people's congress. The preliminary meeting for the first session of a people's congress shall be presided over by the standing committee of the preceding people's congress at the corresponding level. When a local people's congress at or above the county level meets, its session shall be conducted by the presidium. When a local people's congress at or above the county level meets, it shall propose a number of deputy secretaries-general; the choice of deputy secretaries-general shall be decided by the presidium. Article 14 The people's congress of a township, nationality township or town shall have a chairman, and may have one or two vice-chairmen. The chairman and vice-chairmen shall be elected from among the deputies to the people's congress at the corresponding level, and their term of office shall be the same as that of each people's congress at that level. The chairman or vice-chairmen of the people's congress of a township, nationality township or town shall not concurrently hold office in an administrative organ of the State; if they hold office in an administrative organ of the State, they must resign from the post of the chairman or vice-chairmen of the people's congress at that level. The chairman or the vice-chairman of the people's congress of a township, an ethnic township or a town shall be responsible for contacting the deputies to the people's congress at the corresponding level when the people's congress at the corresponding level is not in session, organize deputies to conduct activities in accordance with the arrangements of the presidium, convey suggestions, criticisms and opinions of the deputies and the people with respect to the work of the people's government at the corresponding level, and be responsible for handling the routine work of the presidium. Article 15 When the people's congress of a township, nationality township, or town holds a session, it shall elect a presidium, which shall preside over the session and be responsible for convening the next session of that people's congress. The chairman and vice-chairmen of the people's congress of a township, nationality township or town shall be the members of the presidium. The chairman and vice-chairmen of the people's congress of a township, nationality township or town shall be the members of the presidium. When the people's congress at the corresponding level is not in session, the presidium shall select some issues of vital public interests and general social concern in the area every year, make arrangements for deputies to attend to and discuss the special work reports of the people's government at the corresponding level, inspect the implementation of laws and regulations, conduct inspections, research and other activities, and listen to and convey suggestions, criticisms and opinions of the deputies and the people with respect to the work of the people's government at the corresponding level. The work of the presidium between sessions shall be reported to the people's congress at the corresponding level. Article 16 The first session of each local people's congress at any level shall be convened, within two months after the election of its deputies, by the standing committee of the preceding people's congress at the corresponding level or by the presidium of the preceding session of the people's congress of the township, nationality township, or town. Article 17 Members of the local people's governments at or above the county level, the presidents of the People's Courts, the chief procurators of the People's Procuratorates, and the leading persons of the people's governments at the township level shall attend sessions of the people's congresses at the corresponding levels as nonvoting delegates; leading members of the other relevant government departments and public organizations at or above the county level may, by decision of the standing committees of the people's congresses at the corresponding levels, attend sessions of the people's congresses at the corresponding levels as nonvoting delegates. Article 18 When a local people's congress holds its sessions, its presidium, standing committee and special committees and the people's government at the corresponding level may submit bills and proposals to that people's congress within the scope of its functions and powers. The presidium shall decide to refer such bills and proposals to a session of the people's congress for deliberation, or to simultaneously refer them to relevant special committees for deliberation and reports before the presidium decides, upon examination of such reports, to submit them to the people's congress for a vote. Ten or more deputies to a local people's congress at or above the county level, or five or more deputies to the people's congress of a township, nationality township, or town may jointly submit a bill or proposal to the people's congress at the corresponding level within the scope of its functions and powers. The presidium shall decide whether to place the bill or proposal on the agenda of the people's congress or to first refer it to a relevant special committee for deliberation and a recommendation on whether to place it on the agenda before the presidium makes such a decision. With agreement of the presidium, deliberation shall be terminated on a bill or proposal placed on the agenda of a session, if the party that submitted the bill or proposal requests its withdrawal before it is referred to the congress for a vote. Article 19 Suggestions, criticisms and complaints on any aspect of work put forward by deputies to a local people's congress at or above the county level to that people's congress and its standing committee shall be referred by the administrative office of the standing committee to the departments and organizations concerned for consideration, disposition and reply. Suggestions, criticisms and complaints on any aspect of work put forward by deputies to the people's congress of a township, nationality township, or town to that people's congress shall be referred by its presidium to the departments and organizations concerned for consideration, disposition and reply. Article 20 When a local people's congress conducts an election or adopts a resolution, a majority vote of all the deputies shall be required. Article 21 Members of the standing committee of local people's congresses at or above the county level, choices for chairmen and vice- chairmen of the people's congresses of townships, nationality townships or towns, governors and deputy governors, chairmen and vice-chairmen of autonomous regions, mayors and deputy mayors, heads and deputy heads of prefectures, heads and deputy heads of counties, districts, townships and towns, presidents of the People's Courts and chief procurators of the People's Procuratorates shall be nominated by the presidiums of the people's congresses at the corresponding levels or jointly nominated by deputies in accordance with the provisions of this Law. Thirty or more deputies to the people's congress of a province, autonomous regions or municipality directly under the Central Government, or twenty or more deputies to the people's congress of a city divided into districts or of an autonomous prefecture, or ten or more deputies to the people's congress at the county level may nominate, with joint signatures, the candidates for members of the standing committee of the people's congress at the corresponding level, leading persons of the people's government, the president of the People's Court and the chief procurator of the People's Procuratorate at the same level. Ten or more deputies to the people's congress of a township, nationality township or town may nominate, with joint signatures, candidates for the chairman and vice-chairmen of the people's congress at the corresponding level and leading persons of the people's government at the same level. Deputies elected from different electoral districts or electoral units may deliberate on and jointly nominat......