CHAPTER I SESSIONS OF THE NATIONAL PEOPLE’S CONGRESS
Article 1. Sessions of the National People’s Congress shall be
convened in accordance with the relevant provisions of the Constitution of the People’s Republic of China.
The first session of each National People’s Congress shall be
convened by the Standing Committee of the previous National
People’s Congress within two months of the election of deputies to
the current National People’s
Congress.
Article 2. A month before the convening of a session of the
National People’s Congress, its Standing Committee shall notify the
deputies of the date of the session and of the main items on the
proposed agenda.
The provisions of the preceding paragraph shall not apply to
specially convened sessions of the National People’s Congress.
Article 3. After deputies to the National People’s Congress
have been elected, their credentials shall be examined by the
Credentials Committee of the Standing Committee of the National
People’s Congress.
Based on the reports submitted by the Credentials Committee, the
Standing Committee of the National People’s Congress shall affirm the
qualifications of deputies or invalidate the election of individual
deputies, and shall publish the list of affirmed deputies prior to
the first session of each National People’s Congress.
Deputies to the National People’s Congress who are elected
through by-elections shall have their credentials examined in
accordance with the provisions of the preceding paragraphs.
Article 4. Deputies to the National People’s Congress shall be
grouped into delegations based on the units that elect them. Each
delegation shall elect a head and deputy-heads.
Before each session of the National People’s Congress is
convened, the delegations shall discuss matters concerning
preparations for the session put forward by the Standing Committee
of the National People’s Congress. During the session, the
delegations shall deliberate on the bills and proposals submitted
to the Congress, and the heads of delegations or representatives
chosen by them may express, on behalf of those delegations, opinions
on the bills and proposals at meetings of the Presidium or at
plenary meetings of the session.
Article 5. Before each session of the National People’s
Congress, a preparatory meeting shall be held to elect a
Presidium and a Secretary-General for the session, adopt an
agenda for that session and make decisions on other preparatory work.
The preparatory meeting shall be presided over by the Standing
Committee of the National People’s Congress. The preparatory
meeting of the first session of each National People’s Congress
shall be conducted by the Standing Committee of the previous National
People’s Congress.
Article 6. The Presidium shall preside over the sessions
of the National People’s Congress.
The Presidium shall elect some of its members to rotate as
executive chairmen of the sessions.
Standing chairmen shall be elected by the Presidium to convene and
preside over meetings of the Presidium.
Article 7. For each session, the National People’s Congress
shall set up a secretariat which shall work under the
direction of the Secretary-General.
Each session of the National People’s Congress shall install several
Deputy Secretaries-General, whose choice shall be decided on by the
Presidium.
Article 8. Members of the State Council, members of the
Central Military Commission, the President of the Supreme People’s
Court and the Procurator-General of the Supreme People’s
Procuratorate may attend meetings of the National People’s
Congress but without voting rights. By decision of the Presidium,
responsible officers of other state organs and public organizations
may also attend meetings of the National People’s Congress without
voting rights.
Article 9. The Presidium, the Standing Committee and the
special committees of the National People’s Congress, the State
Council, the Central Military Commission, the Supreme People’s
Court and the Supreme People’s Procuratorate may submit to the
National People’s Congress bills or proposals that fall within the
scope of its functions and powers. The Presidium shall decide
whether to refer the bills or proposals to the various delegations
or to the delegations and relevant special committees for
deliberation. The result of the deliberations shall then be reported to
the Presidium which may, after its own deliberation and decision,
put the bills or proposals to a vote at a plenary meeting.
Article 10. A delegation or a group of thirty or more
deputies may submit to the National People’s Congress bills or
proposals that fall within the scope of its functions and powers.
The Presidium may decide whether or not to put the bills or proposals
on the agenda of the Congress, or it may refer the bills or
proposals to the relevant special committees for deliberation and
after receiving their opinions then decide whether or not to put the
bills or proposals on the agenda of the Congress.
Article 11. Deliberation on a bill or proposal submitted
to the National People’s Congress shall terminate upon the request of
its sponsor for its withdrawal before it is put to a vote in the
Congress.
Article 12. Sessions of the National People’s Congress shall
adopt bills amending the Constitution, legislative bills and
other bills in accordance with the relevant provisions of the Constitution of the People’s Republic of China.
Article 13. Candidates for Chairman, Vice-Chairmen,
Secretary-General and other members of the Standing Committee of
the National People’s Congress, President and Vice-President of the
People’s Republic of China, Chairman of the Central Military
Commission, President of the Supreme People’s Court and
Procurator-General of the Supreme People’s Procuratorate shall be
nominated by the Presidium which, after consultation among the
various delegations, shall decide upon a formal list of candidates,
based on the opinion of the majority of deputies.
Article 14. The Premier and other members of the State
Council and members of the Central Military Commission other than its
Chairman shall be nominated in accordance with the relevant provisions
of the Constitution.
Article 15. Proposals for the removal from office of a member
of the Standing Committee of the National People’s Congress, the
President or Vice-President of the People’s Republic of China, a
member of the State Council or the Central Military Commission, the
President of the Supreme People’s Court or the
Procurator-General of the Supreme People’s Procuratorate may be
submitted by three or more delegations or at least one-tenth of the
number of deputies to the National People’s Congress. The Presidium
shall then put the proposal before the Congress for deliberation.
Article 16. During a session of the National People’s
Congress, a delegation or a group of thirty or more deputies
may address written questions to the State Council and the ministries
and commissions under the State Council. The Presidium shall decide
whether to refer the questions to the organs concerned for written
replies or to ask the leaders of those organs to give oral replies
at meetings of the Presidium, the relevant special committees or
the relevant delegations. If the replies are to be given at meetings
of the Presidium or special committees, the head of the delegation or
of the group of deputies who addressed the questions may also attend
the meetings to express their opinions.
Article 17. During deliberation on a bill or proposal in the
National People’s Congress, deputies may address inquiries to the
relevant state organs, and those organs shall send their
representatives to give explanations at group meetings of the
deputies or at delegation meetings.
Article 18. At sessions of the National People’s Congress,
elections may be conducted and bills may be passed by secret
ballot, by a show of hands or by any other form as decided by the
Presidium.
Article 19. When the National People’s Congress is in session,
deputies from the minority nationalities shall be provided with
the necessary facilities for interpretation.
Article 20. Sessions of the National People’s Congress shall be
open to the public; when necessary, closed sessions may be held by
decision of a meeting of the Presidium and the heads of all the
delegations.
Article 21. The proposals, criticisms and opinions put
forward by deputies to the National People’s Congress or its
Standing Committee concerning any sphere of work shall be
referred by the office of the Standing Committee to the relevant
agencies or organizations for study, handling and a responsible answer.
CHAPTER II THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS
Article 22. The Standing Committee of the National People’s
Congress shall exercise the functions and powers prescribed in the Constitution of the People’s Republic of China.
Article 23. The Standing Committee of the National People’s
Congress shall be composed of the following personnel:
the Chairman;
the Vice-Chairmen;
the Secretary-General; and
other members.
Members of the Standing Committee shall be elected by the National
People’s Congress from among its deputies.
A member of the Standing Committee may not hold office
in the administrative, judicial or procuratorial organs of the
state. If he expects to hold such an office, he must first resign
from his post in the Standing Committee.
Article 24. The Chairman of the Standing Committee shall
preside over meetings of the Standing Committee and direct its work.
The Vice- Chairmen and the Secretary-General shall assist the
Chairman in his work. When entrusted by the Chairman, a
Vice-Chairman may exercise certain functions and powers of the Chairman.
Should the Chairman of the Standing Committee be incapacitated for
work for reasons of health or should his office fall vacant, the
Standing Committee shall choose one of the Vice-Chairmen to
exercise the functions of the Chairman until the Chairman’s recovery
or until a new Chairman is elected by the National People’s Congress.
Article 25. A Council of the Chairman composed of the
Standing Committee’s Chairman, Vice-Chairmen and Secretary-General
shall handle the important day-to-day work of the Standing Committee,
which shall consist of the following:
(1) to decide on the time for each meeting of the Standing
Committee and draft the agenda of the meeting;
(2) to decide whether the bills, proposals and questions submitted
to the Standing Committee should be referred to the relevant special
committees or submitted to a general meeting of the Standing Committee
for deliberation;
(3) to direct and coordinate the day-to-day work of the special
committees;
and
(4) to handle the other important day-to-day work of the Standing
Committee.
Article 26. The Standing Committee shall establish a
Deputies Credentials Committee.
The chairman, vice-chairmen and members of the Deputies
Credentials Committee shall be nominated by the Council of the
Chairman from among the members of the Standing Committee, and the
nominees shall be approved at a meeting of the Standing Committee.
Article 27. The Standing Committee shall establish a general
office which shall work under the direction of the Secretary-General.
The Standing Committee shall install Deputy Secretaries-General,
whom it shall appoint or remove upon recommendation by the Chairman of
the Standing Committee.
Article 28. When necessary, the Standing Committee may
establish working commissions.
The chairman, vice-chairmen and members of the working commissions
shall be appointed or removed by the Standing Committee upon
recommendation by its Chairman.
Article 29. Meetings of the Standing Committee, usually held once
every other month, shall be called by its Chairman.
Article 30. When the Standing Committee is in session, the
standing committees of the people’s congresses of the provinces,
autonomous regions, and municipalities directly under the Central
Government may each send a chairman or vice-chairman to attend the
meetings and express their opinions.
Article 31. The legislative bills and other bills brought
before the Standing Committee for deliberation shall be adopted by a
simple majority vote of all its members.
Article 32. The special committees of the National People’s
Congress, the State Council, the Central Military Commission, the
Supreme People’s Court and the Supreme People’s Procuratorate may
submit to the Standing Committee bills and proposals that fall
within the scope of its functions and powers. The Council of the
Chairman shall decide whether to directly submit the bills and
proposals to a meeting of the Standing Committee for deliberation or
to first refer them to the relevant special committees and after
receiving the reports on their deliberations then submit the bills
and proposals to the Standing Committee for deliberation.
Bills and proposals that fall within the scope of the functions and
powers of the Standing Committee may be submitted to the Standing
Committee by ten or more members of the Standing Committee. The
Council of the Chairman shall decide whether to directly submit
the bills to a meeting of the Standing Committee for deliberation or
to first submit them to the relevant special committees and after
receiving the reports on their deliberations then submit the bills to
the Standing Committee for deliberation.
Article 33. During a session of the Standing Committee, a group
of ten or more members of the Committee may submit to the
Standing Committee written questions addressed to the State
Council and the ministries and commissions under the State Council.
The Council of the Chairman shall decide whether to refer the
questions to the organs concerned for written replies or to request
the heads of those agencies to give oral replies at meetings of the
Standing Committee or the relevant special committees. When replies
are to be given at meetings of the special committees, the members of
the Standing Committee who submitted the questions may attend and
express their opinions.
Article 34. During each session of the National People’s
Congress, the Standing Committee must make a report on its work to
the National People’s Congress.
CHAPTER III THE COMMITTEES OF THE NATIONAL PEOPLE’S CONGRESS
Article 35. The National People’s Congress shall
establish a Nationalities Committee, a Law Committee, a Finance and
Economic Committee, an Education, Science, Culture and Public
Health Committee, a Foreign Affairs Committee, an Overseas Chinese
Committee and such other special committees as may be deemed
necessary by the National People’s Congress. The special committees
shall be under the direction of the National People’s Congress,
and of its Standing Committee when the Congress is not in session.
Each special committee shall be composed of a chairman,
vice-chairmen and members.
Candidates for chairman, vice-chairman or member of such special
committees shall be nominated from among the deputies by the
Presidium and shall be approved by the National People’s Congress.
When the National People’s Congress is not in session, its Standing
Committee may appoint additional members to the special committees,
including a vice-chairman; the Council of the Chairman shall make
nominations for these appointments, which shall be subject to approval
by a meeting of the Standing Committee.
Article 36. The chairman of each special committee shall
preside over meetings of the committee and direct its work. The
vice-chairmen shall assist the chairman in his work.
The special committees may appoint a certain number of experts as
advisers, if their work so requires. The advisers may attend
special committee meetings and express their opinions.
The advisers shall be appointed or removed by the Standing Committee
of the National People’s Congress.
Article 37. The work of the special committees shall be as follows:
(1) to deliberate on bills and proposals received from the Presidium
or the Standing Committee of the National People’s Congress;
(2) to submit to the Presidium or the Standing Committee of the
National People’s Congress bills and proposals which are related
to the special committees and which fall within the scope of
functions and powers of the National People’s Congress or its Standing
Committee;
(3) to examine and submit reports on items received from the
Standing Committee of the National People’s Congress which are
considered to be in contravention of the Constitution or the law,
namely: administrative regulations, decisions and orders issued
by the State Council; orders, instructions and regulations issued by
the ministries and commissions under the State Council; regulations
and resolutions issued locally by the people’s congresses of
the provinces, autonomous regions, and municipalities directly
under the Central Government and their standing committees; and
decisions, orders and regulations issued by the people’s governments
of the provinces, autonomous regions, and municipalities directly
under the Central Government;
(4) to examine questions referred by the Presidium or the
Standing Committee of the National People’s Congress, to hear the
replies given by the organs questioned and, when necessary, to
submit reports to the Presidium or the Standing Committee of the
National People’s Congress; and
(5) to investigate and propose solutions to issues which are related
to the special committees and which fall within the scope of
functions and powers of the National People’s Congress or its Standing
Committee.
The Nationalities Committee may, in addition, conduct
investigations and make proposals on how to strengthen unity among the
nationalities; it shall deliberate on the regulations on
autonomy and separate regulations submitted by the autonomous
regions to the Standing Committee of the National People’s
Congress for approval and shall report its deliberations to the
Standing Committee of the National People’s Congress.
The Law Committee shall deliberate on all drafted laws submitted
to the National People’s Congress or its Standing Committee;
other special committees shall send to the Law Committee their
comments on the drafts which concern them.
Article 38. The National People’s Congress and its Standing
Committee may appoint committees for the investigation of
specific issues. The organization and work of the committees shall
be decided by the National People’s Congress or its Standing Committee.
CHAPTER IV DEPUTIES TO THE NATIONAL PEOPLE’S CONGRESS
Article 39. The term of office of the deputies to each
National People’s Congress shall be five years, beginning with its
first session and ending with the first session of the succeeding
National People’s Congress.
Article 40. Deputies to the National People’s Congress must
observe the Constitution and the law in an exemplary way, keep
state secrets and, in the course of production, other work and the
public activities in which they take part, assist in the enforcement of
the Constitution and the law.
Article 41. Deputies to the National People’s Congress should
maintain close contact with the units that elected them and with
the people. They may attend, without voting rights, meetings of the
people’s congresses of the units that elected them, so as to heed
and convey the opinions and demands of the people and work hard to
serve them.
Article 42. While deputies to the National People’s Congress
attend meetings of the Congress or perform other duties
required of them as deputies, the state shall provide them with
appropriate allowances and material facilities according to their
actual needs.
Article 43. No deputy to the National People’s Congress or
member of its Standing Committee may be held legally liable for his
speeches or votes at various meetings of the National People’s
Congress and its Standing Committee.
Article 44. No deputy to the National People’s Congress may be
arrested or placed on criminal trial without the consent of the
Presidium of the National People’s Congress or, when the National
People’s Congress is not in session, of its Standing Committee.
If a deputy to the National People’s Congress is caught in the
act and detained, the public security organ which has
detained him shall immediately report the matter to the Presidium or
the Standing Committee of the National People’s Congress.
Article 45. Deputies to the National People’s Congress shall be
subject to the supervision of the units that elected them. Such
units shall have the power to recall the deputies they elect.
The recall of a deputy from the National People’s Congress shall
require a simple majority vote of all the deputies of the unit that
elected him.
If the people’s congress of a province, autonomous region, or
municipality directly under the Central Government is not in
session, its standing committee may, with the approval of a
simple majority of its members, recall individual deputies elected to
the National People’s Congress by its people’s congresses.
Deputies being recalled may attend the meetings concerning their
recall or submit written appeals to them.
Resolutions to recall deputies must be reported to the Standing
Committee of the National People’s Congress for the record.
Article 46. If the office of a deputy to the National People’s
Congress falls vacant for some reason, the electoral unit which
elected him shall hold by-elections to fill the vacancy. Should the
office of an individual deputy to the National People’s Congress
fall vacant when the people’s congress of his province, autonomous
region, or municipality directly under the Central Government is not
in session, its standing committee may hold by-elections to fill the
vacancy.