Law of the People’s Republic of China on Deputies to the National People’s Congress and to the Local People’s Congresses at Various Levels

(Adopted at the Fifth Session of the Seventh National People’s Congress on April 3, 1992; amended for the first time in accordance with the Decision on Amending Certain Laws adopted at the 10th Meeting of the Standing Committee of the Eleventh National People’s Congress on August 27, 2009; amended for the second time in accordance with the Decision on Amending the Law of the People’s Republic of China on Deputies to the National People’s Congress and to the Local People’s Congresses at Various Levels adopted at the 17th Meeting of the Standing Committee of the Eleventh National People’s Congress on October 28, 2010; and amended for the third time in accordance with the Decision on Amending the Organic Law of the Local People’s Congresses and Local People’s Governments of the People’s Republic of China, the Electoral Law of the National People’s Congress and Local People’s Congresses of the People’s Republic of China, and the Law of the People's Republic of China on Deputies to the National People's Congress and to the Local People's Congresses at Various Levels, adopted at the 16th Meeting of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on August 29, 2015)

Contents

Chapter I  General Provisions
Chapter II  Work of Deputies During a Session of the People’s Congress at the Corresponding Level 
Chapter III  Activities of Deputies When the People’s Congress at the Corresponding Level Is Out of Session
Chapter IV  Support for the Performance of Deputy Duties
Chapter V  Supervision of Deputies
Chapter VI  Supplementary Provisions

Chapter I General Provisions

Article 1  This Law is formulated in accordance with the Constitution to ensure that deputies to the National People’s Congress and deputies to the local people’s congresses at various levels exercise their functions and powers, fulfill their duties and play their roles as deputies according to the law.

Article 2  Deputies to the National People’s Congress and to the local people’s congresses at various levels shall be elected according to the law.
Deputies to the National People’s Congress are members of the highest organ of state power, and deputies to the local people’s congresses at various levels are members of the organs of state power at corresponding levels.
Deputies to the National People’s Congress and to the local people’s congresses at various levels shall, representing the interests and will of the people, participate in the exercise of state power in accordance with the functions and powers vested in the people’s congresses at corresponding levels by the Constitution and relevant laws.

Article 3  A deputy shall enjoy the following rights:
(1) attending sessions of the people’s congress at the corresponding level as well as participating in deliberations on all bills and proposals, reports and other subject matters, and expressing their opinions;
(2) jointly putting forward bills and proposals, written inquiries, and proposals for removal from office in accordance with the law;
(3) putting forward suggestions, criticisms and opinions on all the work;
(4) participating in all elections of the people’s congress at the corresponding level;
(5) participating in the casting of votes regarding all matters to be decided by the people’s congress at the corresponding level;
(6) obtaining information and various kinds of support required for performing the duties of a deputy in accordance with the law; and
(7) other rights stipulated by the law.

Article 4  A deputy shall perform the following duties:
(1) playing an exemplary role in abiding by the Constitution and the law, and keeping state secrets, as well as assisting in the implementation of the Constitution and the law in the production, work and other activities in which he participates;
(2) attending sessions of the people’s congress at the corresponding level on time, and conscientiously deliberating on all bills and proposals, reports and other subject matters, expressing opinions, and performing all tasks conscientiously during the sessions;
(3) actively participating in the activities that are unitarily organized for performance of duties, such as inspection tours, investigation and research on specific issues, and law implementation inspections;
(4) intensifying the learning of duty performance, enhancing investigation and research, and continually improving the capability of performing his deputy duties;
(5) maintaining close contact with the voters of the electoral district or unit that elected him as well as the people and the general public, heeding their opinions and demands, conveying them, and striving to serve the people;
(6) consciously abiding by social ethics, and being honest and self-disciplined, just and upright, as well as diligent and responsible; and
(7) other duties stipulated by the law.

Article 5  For a deputy, fulfilling his work when the people’s congress at the corresponding level is in session and carrying out activities when the people’s congress at the corresponding level is out of session in accordanced with the provisions of this Law, are both his performance of deputy duties.
The state and society shall provide support for deputies in their performance of deputy duties.
Deputies are still engaged in their work respectively. Deputies shall properly arrange their work and give priority to the performance of duties as a deputy when attending sessions of the people’s congress at the corresponding level, as well as participating in the activities that are unitarily organized for performing duties as a deputy during the period when the people’s congress is out of session.

Article 6  Deputies shall be subject to supervision by the voters of the electoral districts or units that elected them.

Chapter II  Work of Deputies During a Session of the

People’s Congress at the Corresponding Level

Article 7  Deputies shall attend sessions of the people’s congress at the corresponding level on time. Deputies who are unable to attend the sessions due to special reasons such as health shall apply for a leave of absence according to regulations.

Prior to attending a session of the people’s congress at the corresponding level, deputies shall listen to the opinions and suggestions of the people and the public, and shall be well-prepared to perform their deputy duties during the period when the people’s congress is in session.

Article 8  When attending plenary meetings of the session, plenary meetings of a delegation, and group meetings of deputies of a delegation, deputies shall deliberate on all bills and proposals as well as reports listed in the agenda of the sessions.
Upon recommendation or invitation, deputies may attend meetings of the presidium or meetings of the special committees as non-voting participants and express their opinions.
Deputies shall express opinions pertaining to the theme of the session and shall abide by the rules of procedure.

Article 9  Deputies shall have the right, in accordance with procedures prescribed by the law, to submit to the people’s congress at the corresponding level bills and proposals within the scope of its functions and powers. Bills and proposals submitted shall consist of subjects, grounds and schemes.
The presidium of the people’s congress at the corresponding level shall decide whether to list the bills and proposals put forward according to the law by deputies on the agenda of the session, or shall do so after referring the bills and proposals to the respective special committees for deliberation and opinions as to whether the bills and proposals shall be listed on the agenda.
Deliberations on a bill or proposal already placed on the agenda of a session shall be terminated if the sponsor deputies put forward a request for the withdrawal of the bill or proposal before it is put to vote at the session and such a request has been approved by the presidium.

Article 10  Deputies to the National People’s Congress shall have the right, in accordance with the procedures prescribed by the Constitution, to submit to the National People’s Congress bills on the amendment to the Constitution.

Article 11  Deputies shall participate in elections conducted by the people’s congress at the corresponding level.
Deputies to the National People’s Congress shall have the right to express opinions on candidates nominated by the Presidium for the component members of the Standing Committee of the National People’s Congress, candidates for the President and Vice-President of the People’s Republic of China, Chairperson of the Central Military Commission, President of the Supreme People’s Court and Procurator-General of the Supreme People’s Procuratorate, and candidates for members of the special committees of the National People’s Congress.
Deputies to the local people’s congresses at or above the county level shall have the right, in accordance with the procedures prescribed by the law, to nominate candidates for the component members of the standing committees of the people’s congresses, leading members of the people’s governments, presidents of the people’s courts and procurators-general of the people’s procuratorates at corresponding levels, as well as candidates for deputies to the people’s congresses at the next higher level, and shall have the right to express opinions on the aforesaid candidates nominated according to the law by the presidiums and deputies to the people’s congresses at corresponding levels.
Deputies to the people’s congresses of townships, ethnic townships, and towns shall have the right, in accordance with stipulated procedures, to nominate candidates for chairpersons, vice-chairpersons of the people’s congresses and leading members of the people’s governments at corresponding levels, and shall have the right to express opinions on the aforesaid candidates nominated according to the law by the presidiums and the deputies to the people’s congresses at corresponding levels.
Deputies to the people’s congresses at various levels shall have the right to express opinions on the candidates for the presidiums of the people’s congresses at corresponding levels.
With respect to a candidate that has been determined, deputies may vote for or against, or vote for another person instead, or abstain from voting.

Article 12  Deputies to the National People’s Congress shall participate in deciding on the choice of the component members of the State Council, and Vice-Chairpersons and members of the Central Military Commission.
Deputies to the people’s congresses at or above the county level shall participate in the vote for determining the members of special committees of the people’s congresses at corresponding levels.

Article 13  During deliberations on a bill, proposal or report, deputies may put forward questions to the relevant state organs at the corresponding level, and such organs shall send their leaders or persons in charge to answer the questions.

Article 14  During a session of the National People’s Congress, a delegation or a group of 30 or more deputies shall have the right to jointly make written inquiries to the State Council, the ministries and commissions under the State Council, the Supreme People’s Court and the Supreme People’s Procuratorate.
Deputies to the people’s congresses at or above the county level shall have the right, in accordance with the procedures prescribed by the law, to make written inquiries to the people’s governments and governmental departments, the people’s courts and the people’s procuratorates at corresponding levels.
Deputies to the people’s congresses of townships, ethnic townships, or towns shall have the right to make written inquiries to the people’s governments at corresponding levels in accordance with the procedures prescribed by the law.
In a written inquiry, the person as well as the subject and content to be inquired about shall be clearly stated.
A written inquiry shall, according to a decision of the presidium, be replied to by the state organ inquired. If half or more of the deputies who made the written inquiry are not satisfied with the reply, they may demand another reply from the organ inquired.

Article 15  Deputies to the National People’s Congress shall have the right to make a proposal 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, a member of the Central Military Commission, the President of the Supreme People’s Court or the Procurator-General of the Supreme People’s Procuratorate in accordance with the procedures prescribed by the law.
Deputies to a local people’s congress at or above the county level shall have the right to make a proposal for the removal from office of a component member of the standing committee of the people’s congress, a member of the people’s government, the president of the people’s court or the procurator-general of the people’s procuratorate at the corresponding level in accordance with the procedures prescribed by the law.
Deputies to the people’s congresses of townships, ethnic townships, and towns shall have the rightto put forward proposals to remove from office the chairperson, vice-chairpersons of the people’s congresses and the leading members of the people’s governments at corresponding levels in accordance with the procedures prescribed by the law.
In a proposal for removal from office, the reasons for the removal shall be clearly stated.

Article 16  Deputies to a people’s congress at or above the county level shall have the right to put forwarda proposal for setting up an investigative committee on specific issues in accordanced with the law.

Article 17  Deputies may, in a vote conducted by the people’s congress at the corresponding level, cast an affirmative vote or a negative vote or abstain from voting.

Article 18  Deputies shall have the right to put forward suggestions, criticisms and opinions as regards all the work to the people’s congress at the corresponding level. Suggestions, criticisms and opinions shall be clear and specific, with an emphasis on reflecting actual situations and issues.

Chapter III  Activities of Deputies When the People’s Congress at the Corresponding Level Is Out of Session

Article 19  The standing committee of a people’s congress at or above the county level shall organize deputies to the people’s congress at the corresponding level to carry out activities when the people’s congress at the corresponding level is out of session.

The standing committee of a local people’s congress at or above the county level shall, upon the commission of the standing committee of the people’s congress at the next higher level, organize the deputies to the people’s congress at the next higher level who are elected by the people’s congress at the corresponding level to carry out activities when the people’s congress at the next higher level is out of session.
The chairperson and vice-chairpersons of the people’s congress of a township, ethnic township and town shall, according to the arrangements of the presidium, organize deputies to the people’s congress at the corresponding level to carry out activities when the people’s congress is out of session.

Article 20  When the people’s congresses are out of session, deputies shall primarily engage in collective activities, with the activities of deputy groups as the basic form. Deputies may heed and convey the opinions and demands of the voters of the electoral districts or units that elected them through various methods.

Article 21  Deputies to the people’s congresses at or above the county level may, with the assistance of the standing committees of the people’s congresses at corresponding levels or lower levels, form deputy groups under the principle of facilitating the organization and conduct of their activities.
Deputies to the people’s congresses at or above the county level may take part in the activities of deputy groups to the people’s congresses at lower levels.

Article 22    Deputies to a people’s congress at or above the county level may, in line with the arrangements made by the standing committee of the people’s congress at the corresponding level, carry out inspection tours of the work of the state organs and relevant entities at the corresponding or lower level. Deputies to the people’s congress of a township, ethnic township, or town may, in line with the arrangements made by the presidium of the people’s congress at the same level, carry out inspection tours of the work of the state organs and relevant entities at the same level.
Deputies may, during inspection tours conducted in accordance with the provisions of the preceding paragraph, suggest an interview with the leaders of the relevant state organs at the corresponding or lower level. The leaders of the state organs to be interviewed or the persons in charge entrusted by such leaders shall listen to the suggestions, criticisms and opinions of the deputies.
Deputies may conduct on-the-spot inspection tours in their respective localities with their deputy cards. The standing committees of the local people’s congresses at or above the county level or the presidiums of the people’s congresses of townships, ethnic townships, or towns shall, upon requests by deputies, make arrangements for deputies to the people’s congresses at the corresponding or higher level to conduct on-the-spot inspection tours in their respective localities with their deputy cards.

Deputies may, during their inspection tours, put forward suggestions, criticisms or opinions to the entities inspected, but shall not deal with the problems directly.

Article 23  Deputies to the people’s congresses shall, according to arrangements, conduct investigation and research on specific subjects about socio-economic development as well as important issues that concern the immediate interests of the people and to which the public generally pays close attention.

Article 24  Reports that are formulated by deputies who have participated in inspection tours as well as investigation and research on specific subjects shall be handed to the relevant departments or organizations by the office of the standing committee of the people’s congress at the corresponding level or the presidium of a people’s congress of townships, ethnic townships, or towns. Feedback shall be given to deputies as regards the results of studying and handling the opinions and suggestions put forward in the reports.

Article 25  Deputies shall have the right, in accordance with the procedures prescribed by the law, to propose the convening of an additional session of the people’s congress at the corresponding level.

Article 26  All deputies to a people’s congress at or above the county level may be invited to attend, as nonvoting participants, meetings of the standing committee and special committees of the people’s congress at the corresponding level, as well as participate in the law implementation inspections and other activities organized by the standing committee of the people’s congress at the corresponding level. The deputies to townships, ethnic townships, or towns may participate in the law implementation inspections and other activities organized by the presidiums of the people’s congresses at corresponding levels.

Article 27  Deputies to the National People’s Congress and those to the people’s congresses of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures or cities divided into districts may attend, as nonvoting participants, meetings of the people’s congresses of the electoral units that elected them, and may also attend, upon invitation and as nonvoting participants, meetings of the standing committees of the people’s congresses of the electoral units that elected them.

Article 28  Deputies to the people’s congresses at or above the county level shall, according to decisions of the people’s congresses at corresponding levels or of their standing committees, join the investigative committees on specific issues.

Article 29  Deputies shall have the right to put forward suggestions, criticisms and opinions on all the work to the standing committee of the people’s congress at the corresponding level or the presidium of a people’s congress of townships, ethnic townships, or towns, when the people’s congress at the corresponding level is out of session. The suggestions, criticisms and opinions shall be clear and specific, with an emphasis on reflecting actual situations and issues.

Article 30  Deputies to the people’s congresses at townships, ethnic townships, and towns shall, according to centralized arrangements, conduct activities such as investigation and research when the people’s congresses are out of session; deputies may form deputy groups and apportion among themselves the task of contacting the voters and convey the opinions and demands of the people and the general public.

Chapter IV  Support for the Performance of Deputy Duties

Article 31  Deputies shall be free of legal liability for their speeches or votes at various meetings of the people’s congresses.

Article 32  No deputy to a people’s congress at or above the county level may be arrested or placed on criminal trial without the approval of the presidium of the people’s congress at the corresponding level, or without the approval of its standing committee when the people’s congress is out of session. If a deputy is caught in flagrante delicto and detained, the organ executing the detention shall immediately report the matter to the presidium or the standing committee of the people’s congress at the corresponding level.
If any other measure restricting personal freedom as prescribed by the law is imposed on a deputy to a people’s congress at or above the county level, it shall be subject to the approval of the presidium or the standing committee of the people’s congress at the corresponding level.

The presidium or the standing committee of the people’s congress that receives applications for approval put forward by relevant departments in accordance with the provisions of this Article, shall review whether such applications contain investigations for legal liability against the speeches or voting made by a deputy at various meetings of the people’s congress, or whether these are retaliation against other duties performed by the deputy such as making suggestions, criticisms, and opinions, and shall make a decision based on the review.
If a deputy to the people’s congress of a township, ethnic township, or town is arrested or placed on criminal trial, or subjected to any other measure restricting personal freedom as prescribed by the law, the enforcement organ shall immediately report the matter to the people’s congress of the township, ethnic township, or town.
Article 33  Where a deputy participates in activities arranged by the standing committee of the people’s congress at the corresponding level or the presidium of the people’s congress of a township, ethnic township, or town when the people’s congress is out of session, the entity where the deputy works must ensure him the time needed for participating in such activities.

Article 34  Where a deputy performs his deputy duties in accordance with the provisions of Article 33 of this Law, the entity where he is employed shall count such performance as normal attendance. The deputy shall duly enjoy the wage and other benefits of the entity.
Deputies without fixed wages or salaries shall, in light of the specific circumstances, be appropriately subsidized by the governmental finance at the corresponding level for their performance of deputy duties.

Article 35  Funds for activities of deputies shall be listed under the financial budget of the government at the corresponding level and shall be guaranteed and earmarked for specific purposes.

Article 36    Standing committees of the people’s congresses at or above the county level shall adopt various methods to keep in contact with the deputies to the people’s congresses at corresponding levels, expanding the participation of deputies in the activities of the standing committees of the people’s congresses at corresponding levels.

Article 37  The standing committees of the local people’s congresses at or above the county level shall provide necessary conditions for deputies within their respective administrative areas to perform their deputy duties.

Article 38  Standing committees of the people’s congresses at or above the county level, and the people’s governments, the people’s courts and the people’s procuratorates at all levels shall report their work in time to the deputies to the people’s congresses at corresponding levels, providing information and ensuring the deputies’ right to information.

Article 39    Standing committees of the people’s congresses at or above the county level shall systematically arrange for deputies to learn their duties, and assist them in becoming familiar with the people’s congress system, as well as in understanding the legal knowledge and other professional knowledge that are required in performing their duties.
Deputies to a people’s congress of townships, ethnic townships, and towns may participate in the training to learn the duties of a deputy organized by the standing committee of the people’s congress at the next higher level.

Article 40  Working bodies and offices of standing committees of the people’s congresses at or above the county level are the entities providing services for deputies performing their duties and shall support deputies in their performance of deputy duties.

Article 41  For the convenience of deputies’ performance of deputy duties, the people’s congresses at various levels may make and issue deputy cards to deputies to the people’s congresses at corresponding levels.

Article 42   Relevant organs and organizations shall conscientiously study and handle the suggestions, criticisms and opinions of deputies, and shall respond within three months from the date such suggestions, criticisms and opinions are handed to them. In the case of suggestions, criticisms and opinions which are multifaceted or hard to handle, a response shall be given within six months from the date the suggestions, criticisms and opinions are handed.

In the process of studying and handling the suggestions, criticisms and opinions of deputies, the relevant organs and organizations shall contact and communicate with the deputies, and fully heed their opinions.
The handling of suggestions, criticisms and opinions of deputies shall be reported to the standing committee of the people’s congress at the corresponding level or the presidium of a people’s congress of townships, ethnic townships, or towns, and shall be printed and distributed at the next session of the people’s congress. The report on the handling of suggestions, criticisms and opinions of deputies shall be publicly accessible.

Article 43  When deputies of ethnic minorities perform their duties as deputies, the departments concerned shall provide them with necessary help and give special consideration to aspects such as spoken and written languages, habits and customs.

Article 44  All organizations and individuals shall respect the rights of deputies and support them in their performance of deputy duties.
Whoever is obligated to assist deputies in their performance of duties as deputies but refuses to do so shall be admonished, criticized, or even subjected to an administrative sanction by the entity concerned.
Whoever obstructs the performance of duties by deputies according to the law shall be subjected to an administrative sanction by the entity to which he belongs or by the organ at the higher level, or shall be punished in accordance with the relevant provisions of Article 50 of the Law of the People’s Republic of China on Penalties for Administration of Public Security. Whoever obstructs the performance of deputy duties according to the law by means of violence or threat shall be held criminally liable in accordance with the relevant provisions of the Criminal Law.

Whoever retaliates against the performance of duties by deputies in accordance with law shall be ordered to make rectification or given an administrative sanction by the entity he works for or by the organ at a higher level. If a state functionary retaliates against a deputy and the act constitutes a crime, he shall be held criminally liable according to relevant provisions in the Criminal Law.

Chapter V Supervision of Deputies

Article 45  Deputies shall employ a variety of methods to frequently heed opinions of the people as regards their performance of deputy duties, as well as respond to the questions of voters of the electoral districts or units that elected them as regards the work and activities of the deputies, and be subjected to supervision.

Deputies directly elected by the voters shall report their performance of duties to the voters of the electoral districts that elected them through various means. The standing committees of the people’s congresses at or above the county level and presidiums of the people’s congresses of townships, ethnic townships, or towns shall regularly organize deputies to the people’s congresses at the corresponding level to report on their performance of deputy duties to the voters of the electoral districts that elected them.

Article 46  Deputies shall properly handle the relationship between their own work and the performance of their deputy duties. They shall not take advantage of performing deputy duties to interfere with specific judicial cases or seek personal gains from economic activities such as bidding.

Article 47   Voters and electoral units shall have the right to remove from office the deputies they have elected. A deputy to be removed from office shall have the right to attend the meeting for the removal from office to defend himself or to present his defense in writing.

Article 48  Where a deputy is involved in one of the following circumstances, he shall be suspended from performance of duties as a deputy, and a report shall be made by the credential committee to the standing committee of the people’s congress at the corresponding level or to the people’s congress of the township, ethnic township, or town:
(1) who is held in custody and is under investigation, prosecution or tried for criminal cases; or
(2) who has been sentenced to non-custodial correction, short-term custody or fixed-term imprisonment, without the additional punishment of being deprived of their political rights, and is currently serving his sentence.
As soon as the circumstances specified in the preceding paragraph disappear during the term of the deputy in question, the performance of his duties as deputy shall be restored, except for the one who is disqualified as a deputy.

Article 49  A deputy involved in any of the following circumstances shall be disqualified:
(1) a deputy to a local people’s congress at any level who has moved or is transferred away from the corresponding administrative area;
(2) his resignation as a deputy being accepted;
(3) being absent from two sessions of the people’s congress at the corresponding level without approval;
(4) being removed from the office of deputy;
(5) having forfeited the nationality of the People’s Republic of China;
(6) being deprived of political rights in accordance with the law; or
(7) being incapacitated.

Article 50  The disqualification of a deputy to a people’s congress at or above the county level shall be reported by the credential committee of the standing committee of the people’s congress at the corresponding level and the said standing committee shall make an announcement therein.
The disqualification of a deputy to the people’s congress of a township, ethnic township, or town shall be reported by the credential committee of the people’s congress at the corresponding level and the said people’s congress shall make an announcement therein.

Chapter VI  Supplementary Provisions

Article 51  The people’s congresses of provinces, autonomous regions and municipalities directly under the Central Government and their standing committees may, in accordance with this Law and in light of the actual conditions of their respective administrative areas, formulate measures for implementation of this Law.

Article 52  This Law shall go into effect on the date of promulgation.