Law of the People's Republic of China on the Organization of Villagers' Committees (Amended in 2018)

Law of the People's Republic of China on the Organization of Villagers' Committees (Amended in 2018)
Law of the People's Republic of China on the Organization of Villagers' Committees (Amended in 2018)

Order of the President of the People's Republic of China No.21

December 29, 2018

(Adopted at the Fifth Session of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on November 4, 1998; revised at the 17th Session of the Standing Committee of the 11th National People's Congress of the People's Republic of China on October 28, 2010; and amended according to the Decision of the Standing Committee of the National People's Congress on Revising the Law of the People's Republic of China on the Organization of Villagers' Committeee and the Law of the People's Republic of China on the Organization of Urban Residents' Committees at the Seventh Session of the Standing Committee of the 13th National People's Congress on December 29, 2018)

Table of Contents
Chapter I General Provisions
Chapter II Composition and Duties of a Villagers' Committee
Chapter III Election of a Villagers' Committees
Chapter IV Villagers'Assembly and Assembly of Villagers' Representatives
Chapter V Democratic Administration and Democratic Supervision
Chapter VI Supplementary Provisions

Chapter I General Provisions

Article 1 The Law is enacted in accordance with the Constitution with a view to ensuring self-governance of villagers in the countryside, who will administer their own affairs according to the law, developing democracy at the grassroots level in the countryside, protecting villagers' rights and interests and promoting the building of a new socialist countryside.

Article 2 A villagers' committee is the primary mass organization of self-governance, in which the villagers manage their own affairs, educate themselves and serve their own needs and in which election is conducted, decision adopted, administration maintained and supervision exercised by democratic means.
A villagers' committee shall manage the public affairs and public welfare undertakings of the village, mediate disputes among the villagers, help maintain public order, and convey the villagers' opinions and demands and make suggestions to the people's government.
A villagers' committee shall answer and report its work to the villagers' assembly and the assembly of villagers' representatives.

Article 3 A villagers' committee shall be built based on villagers'residential conditions,size of population, and the principles of facilitating the autonomy of the people, economic development and social administration.
The establishment or dissolution of a villagers' committee or an adjustment to the area governed by it shall be proposed by the people's government of a township, an ethnic township or a town and submitted to a people's government at the county level for approval as agreed by the villagers' assembly after discussion.
A villagers'committee may, on the basis of the residential areas of the villagers' and collective land ownership relations, establish several villager groups underneath it.

Article 4 The primary organization of the Communist Party of China in the countryside shall carry out its work in accordance with the Constitution of the Communist Party of China, playing its role as a leading nucleus to lead and support villagers' committees to exercise powers and, in accordance with the Constitution and laws, support the villagers and ensure that they carry out self-governance activities and exercise their democratic rights directly.

Article 5 The people's government of a township, an ethinic township or a town shall guide, support and help the local villagers' committees in their work; provided however, it may not interfere with the affairs that lawfully fall within the scope of villagers' self-governance.
Villagers' committees, on their part, shall assist the local people's governments in their work.

Chapter II Composition and Duties of a Villagers' Committee

Article 6 A villagers' committee shall be composed of three to seven members, including the chairman, the vice-chairman (vice-chairmen) and the members.
The members of a villagers' committee shall include an appropriate number of women. In a village where people from more than one ethnic group live, they shall include a member or members from the ethnic group or groups with a smaller population.
As to members of a villagers' committee, appropriate subsidies may be provided, where necessary.

Article 7 A villagers' committee shall, when necessary, establish sub-committees for people's mediation, public security, public health, family planning, etc. Members of a villagers' committee may concurrently be members of the sub-committees. The villagers' committee of a village with a small population may dispense with the sub-committees; instead, members of the villagers' committee shall have a division of responsibilities with respect to people's mediation, public security, public health, family planning, etc.

Article 8 A villagers' committee shall support the villagers and assist them in their efforts to set up various forms of co-operative and other economic undertakings in accordance with the law, provide services and coordination for production in the village, and promote rural production and construction and the economic development.
A villagers' committee shall, in accordance with the provisions of laws, administer the affairs concerning the land and other property owned collectively by the peasants of the village and disseminate guidance among the villagers about rational utilization of the natural resources and protection and improvement of the ecological environment.
A villagers' committee shall respect and support the decision-making power of the collective economic organizations in conducting their economic activities independently according to the law, safeguard the dual operation system characterized by the combination of centralized operation with decentralized operation on the basis of operation by households under a contract, and ensure the lawful property right and other lawful rights and interests of the collective economic organizations, villagers, households operating under a contract, associated households, and partnerships.

Article 9 A villagers' committee shall publicize the Constitution, laws, regulations and the policies of the State among the villagers, help them understand the importance of performing their obligation as proscribed by law and cherishing public property and encourage them to do so; safeguard the villagers' lawful rights and interests, develop culture and education, and disseminate scientific and technological knowledge among the villagers, boost the equality of men and women and well conduct the work concerning family planning, promote unity and mutual assistance between villages and carry out various forms of activities for the building of advanced socialist ethics.
A villagers' committee shall support the service, commonweal and interdependent social organizations to carry out activities according to the law and promote the construction of countryside community.
In a village where people from more than one ethnic group live, the villagers' committee shall help the villagers understand the importance of enhancing unity, mutual respect and mutual assistance among the ethnic groups and give them guidance in this respect.

Article 10 A villagers' committee and its members shall observe the Constitution, laws, regulations and policies of the State, observe and organize the implementation of the charter of villagers' self-governance and village rules and regulations, implement the decisions and resolutions of villagers' assembly and the assembly of villagers' representatives, and shall be impartial in handling affairs, honest in performing their duties and warmhearted in serving the villagers.
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