Section Three

Sessions of Local People's Congresses

Article 14 Local people's congresses at various levels shall meet in session at least once a year. The people's congresses of townships, ethnic townships, and towns shall generally meet in session twice a year. The date of the sessions shall be decided and announced by the standing committees of the corresponding people's congresses or by the presidiums of the people's congresses of townships, ethnic townships, and towns.

In case of special circumstances, 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, and towns may decide to convene the sessions early or postpone them as appropriate. Where the date of the early or postponed session cannot be decided at the current meeting, the standing committees or the councils of chairpersons that are authorized by them, or the presidiums of the people's congresses of townships, ethnic townships, and towns may decide otherwise and announce the date.

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, and towns, where deeming it necessary or upon the proposal of at least one fifth of the deputies, may temporarily convene a session of their people's congresses.

Sessions of the local people's congresses shall be held only when two thirds or more of their deputies are present.

Article 15 The sessions of the local people's congresses at or above the county level shall be convened by their standing committees.

Article 16 For sessions of the local people's congresses at various levels, reasonable schedules and agendas shall be arranged to improve the quality and efficiency of proceedings.

Article 17 A preparatory meeting shall be held for each session of a local people's congress at or above the county level to elect the presidium and secretary-general of the session and adopt the agenda of the session and decisions on other preparatory matters.

The preparatory meetings shall be presided over by the standing committees of the local people's congresses. The preparatory meeting for the first session of a people's congress shall be presided over by the standing committee of the preceding people's congress at its level.

When the local people's congresses at or above the county level are in session, their presidiums shall preside over the sessions.

For a session of a local people's congress at or above the county level, there shall be a number of deputy secretaries-general; the choice of the deputy secretaries-general shall be decided by the presidium.

Article 18 The people's congresses of a township, ethnic township, or town shall have a chairperson and may have one or two vice chairpersons. The chairperson and vice chairpersons shall be elected by the people's congresses at the corresponding level from among the deputies and their term of office shall be the same as the people’s congress at that level.

The chairperson and vice chairpersons of the people's congress of a township, ethnic township, or town may not hold offices in the administrative organs of the state; where they hold such offices, they must resign as the chairperson or vice chairperson of the people's congresses.

When the people's congress is not in session, the chairperson and vice chairpersons of the people's congress of a township, ethnic township, or town are responsible for keeping in touch with the deputies to the people's congresses at that level, organizing  the deputies to conduct activities according to the arrangements of the presidium, conveying the suggestions, criticisms and opinions of the deputies and the public regarding the work of the people's governments at the same level, and handling the day-to-day work of the presidium.

Article 19 When the people's congress of a township, ethnic township, or town holds a session, a presidium shall be elected. The presidium shall preside over the session and be responsible for convening the next session of the people's congress. The chairperson and vice chairpersons of the people's congress of the township, ethnic township, or town shall be the members of the presidium.

When the people's congress at the corresponding level is not in session, the presidium shall select a number of issues which concern the immediate interest of local people and to which the public generally pay close attention, and based on these issues, make schedules for  deputies to hear and discuss special reports on the work of the people's government at the corresponding level, examine the implementation of laws and regulations, and conduct inspections and research activities, etc. The presidium shall also hear and convey the suggestions, criticisms, and opinions of the deputies and the general public regarding the work of the people's government at the same level. The work of the presidium at the time when the people's congress in not in session shall be reported to the people’s congress at the corresponding level.

Article 20 The first session of the local people's congress at any level shall, within two months after the election of their deputies, be convened by the standing committee of the preceding people's congress at the corresponding level or the presidium of the preceding people's congress of a township, ethnic township, or town.

Article 21 The members of the local people's governments at or above the county level and the chairpersons of the commissions of supervision, 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 the sessions of the people's congresses at the corresponding level without voting rights; the leaders of other relevant organs and groups at or above the county level may, by the decision of the standing committees of the local people's congresses at the corresponding level, attend the sessions of the corresponding people’s congresses without voting rights.

Article 22 When the local people's congresses at various levels hold sessions, their presidiums, standing committees and special committees and the people's governments may submit bills and proposals to the people's congresses at the corresponding level within the scope of the powers and functions of the people's congresses. The presidiums shall decide whether or not to submit the bills and proposals to the sessions of the people's congresses for deliberation, or at the same time refer them to the relevant special committees for deliberation and producing reports, and shall, based on the presidiums' deliberation over the reports, decide whether or not to submit the bills and proposals to the sessions of the people's congresses for a vote.

Ten or more deputies to a local people's congress at or above the county level, or five or more deputies to the people's congress of a township, ethnic township, or town may jointly submit a bill or proposal to the people's congress at the corresponding level within its scope of powers and functions. The presidium shall decide whether to place the bill or proposal on the agenda of the people's congress or to first refer it to a relevant special committee for deliberation and a recommendation on whether to place it on the agenda before the presidium makes such a decision.

With agreement of the presidium, deliberation shall be terminated on a bill or proposal placed on the agenda of the session of a people's congress where the party that submitted the bill or proposal requests its withdrawal before it is referred to the session for a vote.

Article 23 When a bill or proposal is deliberated in the session of a local people's congress at any level, its deputies may address questions to the relevant local state organs and the relevant organs shall send people to answer the questions.

Article 24 When a local people's congress is in session, ten or more of its deputies may jointly submit written inquiries addressed to the people's government at the corresponding level and its working departments, as well as the commission of supervision, the people's court, and the people's procuratorate at the corresponding level. The inquiries must specify to whom they are addressed, the issues involved and their detail content.

The presidium shall decide whether to refer the inquires to the bodies inquired for oral replies at a meeting of the presidium, a plenary meeting of the session or a meeting of the relevant special committee, or for written replies. Where replies are made at a meeting of the presidium or a special committee, the deputies who made the inquiries shall have the right to attend the meeting and express their opinions. Where the presidium deems it necessary, it may distribute the report on the replies to the inquiries to the participants of the session.

Where oral replies are to be provided, the leader of the body to which the inquiries are addressed shall give oral replies at the meeting; where written replies are to be provided, they shall be signed by the leader of the body to which the inquiries are addressed and distributed by the presidium to the participants of the session or to the deputies who made the inquiries.

Article 25 When a local people's congress conducts an election or adopts a resolution, a majority vote of all the deputies shall be required.

Section Four

Election, Dismissal and Resignation of Members of Local State Organs

Article 26 The candidates for the members of the standing committees of the local people’s congresses at or above the county level, for the chairpersons and vice chairpersons of the people's congresses of townships, ethnic townships, and towns, for the governors and deputy governors of provinces, for the chairpersons and vice chairpersons of autonomous regions, for the mayors and deputy mayors, for the prefects and deputy prefects, and heads and deputy heads of counties, districts, townships and towns, for the chairpersons of commissions of supervision, for the presidents of the people's courts, and for the chief procurators of the people's procuratorates shall be nominated by the presidiums of the people's congresses at the corresponding levels or jointly by the deputies in accordance with the provisions of this Law.

Thirty or more deputies to the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government, 20 or more deputies to the people's congresses of cities divided into districts and autonomous prefectures, or 10 or more deputies to the people's congresses at the county level may jointly nominate in writing the candidates for the members of the standing committee of the people's congress at the corresponding level, for the leading persons of the people's government, for the chairperson of the commission of supervision, for the president of the people's courts, and for the chief procurator of the people's procuratorates at the same level. Ten or more deputies to the people's congresses of a township, ethnic township, or town may jointly nominate in writing the candidates for the chairperson and vice chairpersons of the people's congresses at the corresponding level and for the leading persons of the people's governments at the same level. The deputies elected from different electoral districts or units may conceive and jointly propose candidates.

Both the number of candidates nominated by the presidium and the number of candidates jointly nominated by each deputy and other deputies shall not exceed the number of seats to be elected.

Nominators shall truthfully introduce the candidates they nominated.

Article 27 The number of candidates for the chairpersons and secretaries-general of the standing committees of the people's congresses, for the chairpersons of the people's congresses of  townships, ethnic townships, and towns, for heads of the people's governments, for the chairpersons of the commissions of supervision, for the presidents of the people's courts, and for the chief procurators of the people's procuratorates may be one more than the number of persons to be elected, and competitive elections shall be conducted. If only one candidate is nominated, a non-competitive election may be conducted. The number of candidates for the vice chairpersons of the standing committees of the people's congresses, for vice chairpersons of the people's congresses of townships, ethnic townships, and towns, and for deputy heads of the people's governments shall be one to three more than the number of candidates to be elected, the number of candidates for members of the standing committees of the people's congresses shall be one-tenth to one-fifth more than the number of candidates to be elected. The specific differential number shall be prescribed by the people's congresses at the corresponding levels in the electoral measures on the basis of the number of persons to be elected, and competition elections shall be conducted. Where the number of candidates nominated is in line with the differential number specified in the electoral measures, the presidium shall submit the list of candidates to the deputies for deliberation and discussion before an election is held. Where the number of candidates nominated exceeds the differential number specified in the electoral measures, a primary election shall be conducted after the presidium submits the list of candidates to the deputies for deliberation and discussion, and an official list of candidates shall, in accordance with the differential number specified in the electoral measures, be determined by order of the number of votes that candidates obtain in the primary election. Then, the election shall be conducted.

When a local people's congress at or above the county level elects leading persons of state organs at the corresponding level, the time for nominating and deliberating on candidates shall not be less than two days.

Article 28 Elections will be held by secret ballot. A deputy may vote for or against any of the candidates that have been determined, or may instead elect any other deputies or voters, or abstain from voting.

Article 29 In elections conducted by the local people's congresses at various levels for leading persons of state organs at the corresponding levels, when the number of candidates who obtain more than half of the votes exceeds the number of persons to be elected, those who obtain more votes shall be elected. If the number of votes for some candidates is tied, thus making it impossible to determine the elected, another balloting shall be conducted for those candidates to resolve the tie, and those who obtain more votes shall be elected.

Where the number of the elected candidates who obtain more than half of the votes is less than the number of persons to be elected, another election shall be held to make up the difference. The candidates for another election may be determined by order of the votes they obtain in the first balloting, or may be nominated and determined in accordance with the procedures provided by this Law. Another election for making up the difference may be held at the current session or the next session of the people's congress upon decision by the people's congress at the corresponding level.

When another election is held to elect the vice chairpersons and members of the standing committee of a people's congress, the vice chairpersons of the people's congress of a township, ethnic township, or town, and the deputy heads of a people's government, a competitive election shall be conducted after the differential number is determined in accordance with the provisions in Article 27 (1) of this Law.

Article 30 When by-elections are held by the local people's congresses at various levels for the chairpersons, vice chairpersons, secretaries-general and members of their standing committees, the chairpersons and vice chairpersons of the people's congresses of townships, ethnic townships, or towns, the governors and deputy governors of provinces, the chairpersons and vice chairpersons of autonomous regions, the mayors and deputy mayors, the prefects and deputy prefects, heads and deputy heads of counties, districts, townships and towns, chairpersons of commissions of supervision, the presidents of the people's courts, or the chief procurators of the people's procuratorates, the number of candidates may exceed or equal the number of vacancies, and the electoral measures shall be decided by the people's congresses at the corresponding levels.

Article 31 When a local people's congress at or above the county level is in session, its presidium, its standing committee, or a joint group of at least one tenth of its deputies may submit a proposal to remove from office the members of its standing committee, members of the people's government, the chairperson of the commission of supervision, the president of the people's court, or the chief procurator of the people's procuratorate at the corresponding level; the presidium shall refer the proposal to the people's congress for deliberation.

When the people's congress of a township, ethnic township, or town is in session, the presidium or a joint group of at least one fifth of the deputies may submit a proposal to remove from office the chairperson or vice chairpersons of the people's congress, or the head or deputy heads of the township or town; the presidium shall refer the proposal to the people’s congress for deliberation.

In a proposal for removal from office, reasons for the removal shall be clearly stated.

Persons proposed to be removed from office shall have the right to defend themselves at a meeting of the presidium or at a plenary meeting of the session, or to submit their written defense. The defense made at the meeting of the presidium or the written defense shall be distributed to the participants of the session by the presidium.

The proposal for removal from office submitted to a local people's congress at or above the county level shall, after being referred to the session by the presidium for deliberation, be submitted to the plenary meeting of the session for a vote; or the presidium shall, subject to decision of the plenary meeting of the session, propose to organize an investigation committee, and the proposal for removal from office shall be deliberated on and decided at the next session of the people's congress at the corresponding level on the basis of the report prepared by the investigation committee.

Article 32 A member of the standing committee or a special committee of a local people's congress at or above the county level, a leader of a local people's government at or above the country level, the chairperson of the commission of supervision, the president of a people's court or the chief procurator of a people's procuratorate may submit a resignation to the people's congress at the corresponding level, and the people's congress shall decide whether or not to accept the resignation; where the people's congress is not in session, such a resignation may be submitted to its standing committee, which shall decide whether or not to accept the resignation. Where the standing committee decides to accept the resignation, it shall report it to its people's congress for the record. A resignation of the chief procurator of a people's procuratorate must be reported to the chief procurator of the people's procuratorate at the next higher level, who shall refer it to the standing committee of the people's congress at the same level for approval.

The chairperson or a vice chairperson of the people's congress of a township, ethnic township, or town, or the head or a deputy head of a township or a town may submit a resignation to the people's congress at the corresponding level, and the people’s congress shall decide whether or not to accept the resignation.

Section Five

Committees of Local People's Congresses

Article 33 The people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures and cities divided into districts may, according to their needs, establish special committees such as a law committee, financial and economic affairs committee, and education, science, culture and public health committee, environmental protection and resources conservation committee, and social development affairs committee. The people's congresses of counties, autonomous counties, cities not divided into districts, or districts of cities may, according to their needs, establish special committees such as a law committee and financial and economic affairs committee.

The special committees shall be under the leadership of their people's congresses; when the people's congresses are not in session, they shall be under the leadership of the standing committees of their people's congresses.

Article 34 Nominations for the chairperson, deputy chairpersons and members of a special committee shall be made by the presidium from the deputies and approved by the people's congress. When the people's congress is not in session, its standing committee may appoint and remove individual deputy chairpersons and some members of a special committee through nomination by its council of chairpersons and approval at a meeting of the standing committee.

The term of office of each special committee is the same as the term of office of its people's congress and a special committee shall perform its duties until a new committee is established by the next people's congress.

Article 35 The special committees shall, under the leadership of the people's congress and its standing committee at the corresponding level, carry out the following work:

(1) to deliberate on the bills and proposals put forward by the presidium or the standing committee of their people's congress;

(2) to put forward to the presidium or the standing committee of their people’s congress the bills and proposals within the scope of powers and functions of the people's congress or the standing committee at the corresponding level that are relevant to the special committees, and organize the drafting of the relevant bills and proposals;

(3) to undertake the specific organization and implementation of the hearing of and deliberation on special work reports, law-enforcement inspections and questions on special topics by the standing committee of their people's congress;

(4) to hear, in accordance with the work arrangements of the standing committee of their people's congress, the special reports of the working departments of the people's government, the commission of supervision, the people's court and the people's procuratorate at the corresponding level and provide suggestions;

(5) to investigate, study and make recommendations on issues related to the special committees that fall within the scope of powers and functions of the people's congress and its standing committee at the corresponding level;

(6) to study and handle the suggestions, criticisms, and opinions of the deputies, and be responsible for supervising the handling of the relevant suggestions, criticisms, and opinions; and

(7) to handle other work assigned by the people's congress and its standing committee at the corresponding level.

Article 36 A local people's congress at or above the county level and its standing committee may form an investigation committee on specific questions.

The presidium or a group of at least one-tenth of the deputies may submit to the session of the people's congress at the corresponding level a proposal for organizing an investigation committee on specific questions, which shall be submitted by the presidium to the plenary meeting of the session for decision.

An investigation committee shall be composed of a chairperson, deputy chairpersons, and members, who shall be nominated by the presidium from the deputies and be submitted to the plenary meeting of the session for approval.

An investigation committee shall present an investigation report to the people's congress at the corresponding level. The people's congress may make an appropriate resolution on the basis of the report presented by the investigation committee. The people's congress may authorize its standing committee to listen to the investigation report of the investigation committee, and the standing committee may make an appropriate resolution and report it to the next session of the people's congress for the record.

Article 37 The credentials committee established at the first session of each people's congress of a township, ethnic township, and town shall exercise its powers and functions until the term of office of that people's congress expires.