Decision of the Standing Committee of the National People's Congress Regarding the Revision of the Organic Law of the Local People's Congresses and Local People's Governments of the People's Republic of China

Decision of the Standing Committee of the National People's Congress Regarding the Revision of the Organic Law of the Local People's Congresses and Local People's Governments of the People's Republic of China

Order of the President [1995] No. 37

February 28, 1995

The Decision of the Standing Committee of the National People's Congress on Revising the Organic Law of the Local People's Congresses and Local People's Governments of the People's Republic of China which has been adopted at the 12th Session of the Standing Committee of the Eighth National People's Congress of the People's Republic of China on February 28, 1995 is hereby promulgated with immediate effect.

President of the People's Republic of China Jiang Zemin

Appendix: Decision of the Standing Committee of the National People's Congress on Revising the Organic Law of the Local People's Congresses and Local People's Governments of the People's Republic of China

At its 12th Meeting, the Standing Committee of the Eighth National People's Congress decided, in accordance with the Constitution, the basic principles of the Organic Law of the Local People's Congresses and Local People's Governments and the practical experience gained over the past few years, to make the following revisions and supplements to the Organic Law of the Local People's Congresses and Local People's Governments of the People's Republic of China:

I. Article 6 is revised as follows: "The term of office of the people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures, counties, autonomous counties, cities and municipal districts shall be five years. The term of office of the people's congresses of townships, nationality townships and towns shall be three years."

II. The phrase "protection of the environment and natural resources" is added respectively to sub-paragraph (3) of Article 8, sub-paragraph (4) of Article 39 and sub-paragraph (5) of Article 51.
Sub-paragraph (13) of Article 8, sub-paragraph (10) of Article 9, subparagraph (7) of Article 51 and sub-paragraph (4) of Article 52 are respectively revised as follows:" protect the legitimate rights and interests of various economic organiza-tions".

III. One sub-paragraph is added to Article 9 as sub-paragraph 6, which reads: "elect the chairman and vice-chairmen of the people's congress at the corresponding level".

IV. One article is added as Article 14: "The people's congress of a township, nationality township or town shall have a chairman, and may have one or two vice-chairmen. The chairman and vice-chairmen shall be elected from among the deputies to the people's congress at the corresponding level, and their term of office shall be the same as that of each people's congress at that level.
"The chairman or vice-chairmen of the people's congress of a township, nationality township or town shall not concurrently hold office in an administrative organ of the State; if they hold office in an administrative organ of the State, they must resign from the post of the chairman or vice-chairman of the people's congress at that level.
"The chairman or vice-chairmen of the people's congress of a township, nationality township or town shall, during the period when the people's congress at the corresponding level is not in session, be responsible for keeping in touch with the deputies to the people's congress at that level, organizing the deputies to conduct activities, and conveying the suggestions, criticisms and opinions of the deputies and the masses regarding the work of the people's government at the same level."

V. Article 14 is changed to be Article 15, to which the following provisions are added: "The chairman and vice-chairmen of the people's congress of a township, nationality township or town shall be the members of the presidium."

VI. Article 16 is changed to be Article 17 and is revised as follows: "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."

VII. Article 17 is changed to be Article 18, and the third paragraph of the Article is revised as follows: "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."

VIII. The first paragraph of Article 20 is changed to be Article 21 and revised as follows: "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.
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