Section Six

Deputies to Local People's Congresses

Article 38 The term of office of the deputies to a local people's congress shall begin with its first session of that people's congress and expire at the first session of the succeeding people's congress at the same level.

Article 39 Deputies to the local people's congresses and members of the standing committees of local people's congresses may not be legally liable for their speeches and voting at sessions of the people's congresses or meetings of the standing committees.

Article 40 No deputy to a local people's congress at or above the county level may be arrested or placed on criminal trial without the consent of the presidium of that people's congress or, when the people's congress is not in session, without the consent of its standing committee. Where a deputy is detained because he is caught in flagrante delicto, the public security organ executing the detention shall immediately report the matter to the presidium or the standing committee of that people's congress.

Article 41 When deputies to local people's congresses attend the sessions of their people's congresses or perform their duties as deputies, the state shall, as necessary, provide them with round-trip travelling expenses and requisite material facilities or subsidies.

Article 42 The suggestions, criticisms, and opinions on various aspects of the work submitted by deputies to a local people's congress at or above the county level to their people's congress and the corresponding standing committee shall be referred by the administrative body of the standing committee of their people's congress to the relevant organs and organizations for study and handling, and the working organ shall be responsible for making replies.

Suggestions, criticisms, and opinions on various aspects of work submitted by deputies to a people's congress of a township, ethnic township, and town to their people's congress shall be referred by the presidium of the people's congress to the relevant organs and organizations for study and handling, and the presidium shall be responsible for making replies.

As to the handling of the suggestions, criticisms, and opinions of the deputies to a local people's congress, the administrative body of the standing committee of a people's congress at or above the county level shall report it to the standing committee and make it public, or the presidium of a people's congress of a township, ethnic township, or town shall report it to the people's congress and make it public.

Article 43 Deputies to the local people's congresses at various levels shall maintain close contact with their constituencies or the units that elected them and with the public, hear their opinions and demands and convey them to the people's congresses, and give full play to their role in the development of whole-process people's democracy.

Deputies to the people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures and cities divided into districts may attend, as nonvoting observers, sessions of the people's congresses of the units which elected them.

Deputies to the people's congresses of counties, autonomous counties, cities not divided into districts, districts of cities, townships, ethnic townships, and towns shall apportion among themselves the task of maintaining contact with their constituencies; and a deputies' group may be set up in residential areas or production units with three or more deputies.

Deputies to the local people's congresses at various levels shall report to their constituencies or to the units that elected them on the performance of their duties.

Article 44 Deputies to the people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures, and cities divided into districts shall be subject to the supervision by the units which elected them; deputies to the people's congresses of counties, autonomous counties, cities not divided into districts, districts of cities, townships, ethnic townships, and towns shall be subject to the supervision by their constituencies.

Electoral units and voters shall have the power to remove from office at any time the deputies they elected to a local people's congress at any level. The removal from office of a deputy shall require a majority vote of all the deputies of the unit which elected him or of all the voters in his electoral district.

Article 45 In the event that a deputy to a local people's congress is unable to perform his duties as a deputy for any reason, the unit which elected him or the voters in the electoral district shall hold a by-election to replace him.

Chapter III

Standing Committees of the Local People's Congresses at or above the County Level

Section One

Composition and Term of Office of Standing Committees

Article 46 Standing committees shall be established by the people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures, counties, autonomous counties, cities, and districts of cities and shall be responsible to their people's congresses and report to them on their work.

Article 47 The standing committee of the people's congress of a province, autonomous region, municipality directly under the Central Government, autonomous prefecture, or city divided into districts shall be composed of a chairperson, deputy chairpersons, a secretary-general and members to be elected by the people's congress from its deputies.

The standing committee of a people's congress of a county, autonomous county, city not divided into districts, or district of a city shall be composed of a chairperson, deputy chairpersons and members to be elected by the people's congress from its deputies.

No component member of the standing committee may hold office in an administrative, supervisory, judicial or procuratorial organ of the state; where a member assumes any of the above-mentioned offices, he must resign from his post on the standing committee.

The number of component members of the various standing committees shall be as follows:

(1) 45 to 75 members for those of provinces, autonomous regions, and municipalities directly under the Central Government and no more than 95 members for those of provinces each with a population exceeding 80 million;

(2) 29 to 51 members for those of cities divided into districts and for autonomous prefectures and no more than 61 members for those of cities divided into districts each with a population exceeding eight million; and

(3) 15 to 35 members for those of counties, autonomous counties, cities not divided into districts, and districts of cities and no more than 45 members for those of counties, autonomous counties, cities not divided into districts, and districts of cities each with a population exceeding one million.

The number of members of the standing committee of the people's congress of a province, autonomous region and municipality directly under the Central Government shall, in accordance with the provisions of the preceding paragraph, be determined by the people's congress of the province, autonomous region and municipality directly under the Central Government on the basis of the local population and the composition of the standing committee. The number of members on the standing committee of the people's congress of an autonomous prefecture, county, autonomous county, city and district of a city shall, in accordance with the provisions of the preceding paragraph, be determined by the standing committee of the people's congress of the corresponding province, autonomous region and municipality directly under the Central Government on the basis of the local population and the composition of that standing committee. After the number of component members on the standing committee of a people's congress is determined, it shall not be altered during the term of office of the current people's congress.

Article 48 The standing committee of a local people's congress at or above the county level shall have the same term of office as its people's congress and shall exercise its powers and functions until a new standing committee is elected by the succeeding people's congress at the same level.

Section Two

Powers and Functions of Standing Committees

Article 49 The standing committees of the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government may, when their corresponding people's congresses are not in session, formulate and promulgate local regulations in accordance with the specific conditions and actual needs of their respective administrative areas, provided that these local regulations do not contravene the Constitution, laws, and administrative regulations; they shall report such local regulations to the Standing Committee of the National People's Congress and the State Council for the record.

The standing committees of the people's congresses of cities divided into districts and autonomous prefectures may, when their corresponding people's congresses are not in session, formulate local regulations within the limits of authority prescribed by law in accordance with the specific conditions and actual needs of their respective administrative areas, provided that these regulations do not contravene the Constitution, laws, administrative regulations and the local regulations of their corresponding provinces and autonomous regions; they shall submit such local regulations to the standing committees of the people's congresses of their corresponding provinces and autonomous regions for approval before implementation and for submission to the Standing Committee of the National People's Congress and the State Council for the record.

The standing committees of the people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts and autonomous prefectures may, in accordance with the needs of regional coordinated development, carry out law-making activities in a collaborative manner.

Article 50 The standing committee of a local people's congress at or above the county level shall exercise the following powers and functions:

(1) to ensure, in its administrative area, the observance and execution of the Constitution, laws, administrative regulations and the resolutions of the people's congresses and their standing committees at higher levels;

(2) to direct or conduct the election of deputies to its people's congress;

(3) to convene sessions of its people's congress;

(4) to discuss and decide on major issues and projects in its administrative area concerning politics, economy, education, science, culture, public health, eco-environmental protection, natural resources, urban and rural construction, civil affairs, social security, and ethnic affairs;

(5) upon the recommendation of the people's government at the same level, to examine and approve the adjustments to the outlines of the plans for national economic and social development, plans for national economic and social development, and budgets of its administrative area;

(6) to supervise the implementation of the outlines of the plans for national economic and social development, plans for national economic and social development, and budgets of its administrative area, examine and approve the final accounts at its level, supervise the rectification of the problems identified through auditing, and examine and supervise government debt;

(7) to supervise the work of the people's government, the commission of supervision, the people's court and the people's procuratorate at the same level, hear and deliberate on relevant special work reports, organize law-enforcement inspections, and conduct questions on special topics; contact the deputies to its people's congress, and receive and handle accusations and complaints from the people against the above-mentioned organs and state functionaries;

(8) to supervise the management of state-owned assets by the people's government at the same level and hear and deliberate on reports of the people's government at the same level on the management of state-owned assets;

(9) to hear and deliberate on reports of the people's government at the same level on the annual environmental condition and the achievement of environmental protection goals;

(10) to hear and deliberate on reports on the work of regulation filing and review;

(11) to annul inappropriate resolutions of the people's congress and its standing committee at the next lower level;

(12) to annul inappropriate decisions and orders of the people's government at the same level;

(13) to decide, when its people's congress is not in session, on the appointment and removal of individual deputy governors of the province, vice chairpersons of the autonomous region, deputy mayors, deputy prefects, deputy heads of the county or district; when the governor of the province, the chairperson of the autonomous region, the mayor, the prefect, the head of the county or district, the chairperson of the commission of supervision, the president of the people's court or the chief procurator of the people's procuratorate is unable to assume his duties for any reason, to determine an acting candidate from among the deputy heads of the people's government, the commission of supervision, the people's court or the people's procuratorate at the same level upon nomination by the council of chairpersons; the determination of an acting candidate for the chief procurator shall be reported to the people's procuratorate and the standing committee of the people's congress at the next higher level for the record;

(14) to decide, upon the nominations of the governor of the province, the chairperson of the autonomous region, the mayor, the prefect, the head of the county or district, the appointments and removals of the secretary-general, the directors of departments and bureaus, the chairpersons of commissions, and the section chiefs of the people's governments at the same level, and to report such decisions to the people's government at the next higher level for the record;

(15) to appoint and remove the deputy chairpersons and members of the commission of supervision upon the nominations of the chairperson of the commission of supervision;

(16) in accordance with the provisions of the Organic Law of the People's Courts and the Organic Law of the People's Procuratorates, to appoint or remove vice presidents, chief judges and associate chief judges of divisions, members of the judicial committees and judges of the people's court, to appoint or remove deputy chief procurators, members of the procuratorial committee and procurators of the people's procuratorate, and to approve the appointment or removal of the chief procurators of the people's procuratorate at the next lower level; the standing committee of the people's congress of a province, autonomous region, or municipality directly under the Central Government shall, upon nomination by the council of chairpersons, decide on the appointment or removal of presidents of intermediate people's courts established in prefectures of provinces and autonomous regions or in municipalities directly under the Central Government and, upon nomination by the chief procurator of the people's procuratorate of a province, autonomous region or municipality directly under the Central Government, decide on the appointment or removal of chief procurators of the branches of the people's procuratorate;

(17) when its people's congress is not in session, to decide on the removal from office of individual deputy governors of the province, vice chairpersons of the autonomous region, deputy mayors, deputy prefects, deputy heads of the county or district; to decide on the removal from office of other members of the people's government at its level, deputy chairpersons and members of the commission of supervision, vice presidents, chief judges and associate chief judges of divisions, members of the judicial committee and judges of the people's courts, deputy chief procurators, members of the procuratorial committees and procurators of the people's procuratorate, presidents of intermediate people's courts and chief procurators of the branches of the people's procuratorate, who were appointed by it; and

(18) to conduct a by-election, when its people's congress is not in session, in the event that a post of deputy to the people's congress at the next higher level becomes vacant and to remove from office individual deputies.

When discussing major issues and projects specified in item (4) of the preceding paragraph within its administrative area, the standing committee may make decisions or resolutions, and may also refer relevant opinions and suggestions to the relevant local state organs or entities for research and handling. The relevant information about such handling shall be reported to the standing committee in a timely manner.

Section Three

Standing Committee Meetings

Article 51 Meetings of a standing committee shall be convened by its chairperson and held at least once every two months. In case of special needs, meetings of a standing committee may be convened on an ad hoc basis. The chairperson may entrust a deputy chairperson to preside over the meetings.

The leading persons of the local people's governments, the commissions of supervision, the people's courts, and the people's procuratorates shall attend the meetings of the standing committees of the people's congresses at their corresponding levels as nonvoting observers.

A standing committee meeting shall be held only when more than half of its members are present at the meeting.

Resolutions of a standing committee shall be adopted by a majority vote of all its members.

Article 52 The council of chairpersons of the standing committee of a local people's congress at or above the county level may submit to the standing committee of its people's congress, the bills and proposals falling within the powers and functions of the standing committee, which shall be deliberated on at the meeting of the standing committee.

A local people's government at or above the county level or a special committee of a local people's congress at or above the county level may submit to the standing committee of its people's congress the bills and proposals falling within the powers and functions of the standing committee. The council of chairpersons shall decide to refer them to a meeting of the standing committee for deliberation or to first refer them to relevant special committees for deliberation and reports before submitting them to a meeting of the standing committee for deliberation.

A group of five or more standing committee members of the people's congress of a province, autonomous region, municipality directly under the Central Government, autonomous prefecture or city divided into districts, or a group of three or more standing committee members of a people's congress at the county level, may submit to the standing committee of their people's congress the bills and proposals falling within the powers and functions of the standing committee. The council of chairpersons shall decide whether to refer them to a meeting of the standing committee for deliberation or to first refer them to relevant special committees for deliberation and reports before deciding on whether or not to submit them to a meeting of the standing committee for deliberation.

Article 53 When the standing committee is in session, a  group of five or more standing committee members of the people's congress of a province, autonomous region, municipality directly under the Central Government, autonomous prefecture, or a city divided into districts or a group of three or more standing committee members of a people's congress at the county level may submit to the standing committee written inquiries to the people's government and its working departments, the commission of supervision, the people's court, or the people's procuratorate at the corresponding level. The written inquiries must specify to whom the inquiries are addressed and the issues involved and their detail content.

The inquiries shall be decided by the council of chairpersons to be referred to the organs inquired for oral replies at a plenary meeting of the standing committee or a meeting of the relevant special committee, or for written replies. Where replies are made at a meeting of the special committee, the members of the standing committee who made the inquiries shall have the right to attend the meeting as nonvoting observers and express their opinions; where the council of chairpersons deems it necessary, it may distribute the report on the replies to the inquiries at the meeting of the standing committee.

Where the reply is to be made orally, the leading person of the organ to which the inquiry is addressed shall be present at the meeting to give the reply; where the reply is to be made in writing, it shall be signed by the leading person of the organ to which the inquiry is addressed and distributed by the council of chairpersons at the meeting of the standing committee or to the members of the standing committee who made the inquiry.

Article 54 The chairperson, deputy chairpersons, and secretary-general of the standing committee of the people's congress of a province, autonomous region, municipality directly under the Central Government, autonomous prefecture, or city divided into districts shall constitute its council of chairpersons; the chairperson and deputy chairpersons of the standing committee of the people's congress of a county, autonomous county, city not divided into districts, or district of a city shall constitute its council of chairpersons.

The council of chairpersons shall handle the important day-to-day work of its standing committee:

(1) to decide on the duration of each meeting of the standing committee, prepare a draft agenda for the meeting, and where necessary, make proposals to adjust the agenda of the meeting;

(2) to decide to refer the bills, proposals and written inquiries submitted to the standing committee to the relevant special committee for deliberation or to the plenary meeting of the standing committee for deliberation;

(3) to decide whether to refer bills, proposals, draft decisions or draft resolutions to the plenary meeting of the standing committee for voting, and to propose opinions on how to deal with them for the next step in case the bills, proposals, draft decisions or draft resolutions are not put to a vote for the time being;

(4) to adopt the annual work plan of the standing committee;

(5) to direct and coordinate the day-to-day work of special committees; and

(6) to do other important day-to-day work.

Article 55 In the event that the chairperson of a standing committee is unable to work due to medical conditions or that his office falls vacant, the standing committee shall select one of the deputy chairpersons to act on behalf of the chairperson until he is recovered or a new chairperson is elected by the people's congress.