Organic Law of the National People's Congress of the People's Republic of China

Organic Law of the National People's Congress of the People's Republic of China

Updated: 2021-03-11

Organic Law of the National People's Congress of the People's Republic of China


(Adopted at the Fifth Session of the Fifth National People's Congress and promulgated by the Announcement of the National People's Congress on December 10, 1982; amended in accordance with the Decision of the National People's Congress on Revising the Organic Law of the National People's Congress of the People's Republic of China adopted at the Fourth Session of the Thirteenth National People's Congress on March 11, 2021)


Contents

Chapter I General Provisions

Chapter II Sessions of the National People's Congress

Chapter III The Standing Committee of the National People's Congress

Chapter IV The Committees of the National People's Congress

Chapter V Deputies to the National People's Congress


Chapter I

General Provisions

Article 1 This Law is formulated according to the Constitution for the purpose of improving the institutions of organization and work of the National People's Congress and the Standing Committee thereof, protecting and regulating their exercise of functions and powers, adhering to and improving the system of people's congresses, and ensuring the people's position as the masters of the country.

Article 2 The National People's Congress is the highest organ of state power, and its permanent body is the Standing Committee of the National People's Congress.

Article 3 The National People's Congress and its Standing Committee uphold the leadership of the Communist Party of China while adhering to the guiding principles of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Theory of Three Represents, the Scientific Outlook on Development, and the Xi Jinping Thought on Socialism with Chinese Characteristics for a new era, and exercise their functions and powers in accordance with the Constitution and laws.

Article 4 The National People's Congress, constituted through democratic elections, is responsible to the people and subject to their supervision.

The National People's Congress and its Standing Committee stick to whole-process democracy and maintain close ties with the people by heeding people's comments and suggestions, reflecting people's will, and safeguarding people's rights and interests.

Article 5 The National People's Congress and its Standing Committee exercise the legislative power of the state, make decisions upon major issues, supervise the implementation of the Constitution and laws, and safeguards the unity, dignity and authority of the socialist system of laws, in a bid to build a socialist country under the rule of law.

Article 6 The National People's Congress and its Standing Committee adopt the principle of democratic centralism, whereby democracy is given full play to, and functions and powers are exercised collectively.

Article 7 The National People's Congress and its Standing Committee are in active contact with the world through strengthened exchange and cooperation with foreign parliaments as well as international and regional parliamentary organizations.

Chapter II

Sessions of the National People's Congress

Article 8 The National People's Congress is elected for a term of five years.

The National People's Congress shall meet in session once a year and the session shall be convened by its Standing Committee. Additional sessions of the National People's Congress may be convened at any time the Standing Committee deems necessary or when no fewer than one-fifth of the deputies to the National People's Congress so propose.

Article 9 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 10 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 National People's 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 11 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 draft list of the members of the Presidium and the Secretary-General shall be proposed by the Council of Chairpersons of the Standing Committee of the National People's Congress and reviewed and adopted in the meeting of the Standing Committee before submitted to the preparatory meeting.

Article 12 The Presidium shall preside over the sessions of the National People's Congress.

Standing chairpersons shall be elected by the Presidium to convene and preside over meetings of the Presidium.

The Presidium shall elect some of the members thereof to serve respectively as the executive chairpersons of the plenary meetings of each session, and shall appoint one of the elected executive chairpersons to preside over the plenary meetings.

Article 13 For each session, the National People's Congress shall set up a Secretariat consisting of one Secretary-General and several Deputy Secretaries-General, and the choice of the latter shall be made by the Presidium.

Under the direction of the Secretary-General, the Secretariat shall handle the assignments given by the presidium and handle the routine work of the session, in which the Deputy Secretaries-General shall provide assistance for the Secretary General.

Article 14 The Presidium shall handle the following work:

(1) determining the schedule of each session according to its agenda;

(2) determining the deadline for deputies to put forward bills and proposals during the session;

(3) listening to and examining reports on the opinions about handling bills and proposals, and deciding whether the bills and proposals put forward in session should be put on the agenda;

(4) listening to and reviewing reports of the Secretariat and the relevant special committees on examination and deliberation of the bills, proposals and reports, and deciding whether or not to submit those bills, proposals, draft decisions and draft resolutions to the session for votes;

(5) listening to the explanation of the standing chairperson of the Presidium on the list of candidates for positions in state institutions, nominating the component members of state institutions to be elected in session, and determining the formal list of candidates according to the statutory procedure;

(6) proposing the draft measures for election and decision on appointments for the session;

(7) organizing public pledge of allegiance to the Constitution by the component members of state institutions who are elected in session or appointed through decisions in session;

(8) other matters that are supposed to be handled by the Presidium.

Article 15 The standing chairperson of the Presidium listens to reports of the Secretariat and relevant special committees on matters that should be submitted to the Presidium for deliberation, and then provides suggestions for the Presidium.

The standing chairperson of the Presidium may make necessary adjustments to the schedule of a session.

Article 16 The Presidium, the Standing Committee, and the Special Committees of the National People's Congress, as well as the State Council, the Central Military Commission, the National Commission of Supervision, the Supreme People's Court, and the Supreme People's Procuratorate may present bills and proposals to the National People's Congress that fall within the scope of the latter's functions and powers.

Article 17 A delegation or a group of thirty or more deputies may present bills and proposals to the National People's Congress that fall within the scope of the latter's functions and powers.

Article 18 The Presidium determines the formal list of candidates for the Chairperson, Vice-Chairpersons, Secretary-General and other members of the Standing Committee of the National People's Congress, the President and the Vice-President of the People's Republic of China, the Chairperson of the Central Military Commission, the Chairperson of the National Commission of Supervision, the President of the Supreme People's Court and the Procurator-General of the Supreme People's Procuratorate based on the opinions of the majority of deputies after the foregoing candidates are nominated by the Presidium and after consultation among various delegations.

Article 19 The Premier and other members of the State Council and members of the Central Military Commission other than its Chairperson shall be nominated in accordance with the relevant provisions of the Constitution.

Article 20 The Presidium, three or more delegations, or one tenth or more deputies of the National People’s Congress may bring forward proposals to remove from office members of the Standing Committee of the National People's Congress, the President and the Vice-President of the People's Republic of China, members of the State Council and the Central Military Commission, the Chairperson of the National Commission of Supervision, the President of the Supreme People's Court and the Procurator-General of the Supreme People's Procuratorate, and the said proposals shall be submitted by the Presidium to the National People's Congress for deliberation.

Article 21 While the National People's Congress is in session, a delegation or a group of thirty or more deputies may submit written inquiries to the State Council and the departments thereof, the National Commission of Supervision, the Supreme People's Court, and the Supreme People's Procuratorate.

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