Congress on April 4, 1989, promulgated by Order No.17 of the
President of the People’s Republic of China on April 4, 1989, and
effective as of the same date)
Article 1. These Rules are formulated in accordance
with the Constitution, the Organic Law of the National People’s Congress and the practical experience of the National People’s Congress.
CHAPTER I HOLDING OF MEETINGS
Article 2. The National People’s Congress shall meet in session
in the first quarter of each year. When the Standing Committee of
the National People ’s Congress deems it necessary, or upon a
proposal by at least one fifth of the number of deputies to the
National People’s Congress, an interim session of the National People’s
Congress may be convened.
Article 3. Sessions of the National People’s Congress shall be
convened by the Standing Committee of the National People’s
Congress. The first session of each National People’s Congress
shall be convened by the Standing Committee of the previous
National People’s Congress within two months of the election of
deputies to the current National People’s Congress.
Article 4. Sessions of the National People’s Congress shall
be held only when two thirds or more of the number of deputies are
present.
Article 5. The Standing Committee of the National People’s
Congress shall, before a session of the National People’s Congress is
held, conduct the following preparatory work for the session:
(1) to submit a draft agenda for the session;
(2) to submit a draft namelist of the Presidium and the
Secretary-General;
(3) to decide on the namelist of non-voting participants; and
(4) to make other preparations for the session.
Article 6. A month before the holding of a session of the
National People’s Congress, its Standing Committee shall notify the
deputies of the date of the session and of the main items on the
proposed agenda and shall distribute to the deputies the draft laws
to be submitted to the session for deliberation.
The provisions of the preceding paragraph shall not apply to an
interim session of the National People’s Congress.
Article 7. Before a session of the National People’s Congress is
held, deputies shall be grouped into delegations based on the units
that elected them. The head and deputy-heads of a delegation
shall be elected at a general meeting of the delegation. The head of
a delegation shall call and preside over the general meetings of the
delegation. The deputy-heads shall assist in the work of the head of
the delegation.
Each delegation may be subdivided into groups of deputies. The
convener of a group shall be elected at a group meeting of deputies.
Article 8. Before a session of the National People’s Congress is
held, a preparatory meeting shall be convened to elect the
Presidium and the Secretary-General, adopt the agenda for the
session and make decisions on other preparations for the session.
The preparatory meeting shall be presided over by the Standing
Committee of the National People’s Congress. The preparatory
meeting of the first session of each National People’s Congress
shall be conducted by the Standing Committee of the previous National
People’s Congress.
All delegations shall deliberate and give their opinions on the
draft namelist of the Presidium and the Secretary-General, the draft
agenda and other matters preparatory to the session submitted
by the Standing Committee of the National People’s Congress.
The Council of Chairmen of the Standing Committee of the National
People ’s Congress may, based on the opinions expressed by the
various delegations, put forward proposals on adjustments in the draft
namelist of the Presidium and the Secretary-General, the draft
agenda for the session and other matters preparatory to the
session and refer them to the preparatory meeting for deliberation.
Article 9. The Presidium shall preside over the sessions
of the National People’s Congress.
The Presidium shall adopt its decisions by a simple majority vote
of all its members.
Article 10. The first meeting of the Presidium shall elect a
number of standing chairmen of the Presidium, elect members of the
Presidium to be the executive chairmen of each plenary meeting of the
session and decide on the following matters:
(1) choice of the Deputy Secretaries-General;
(2) schedule of the session;
(3) procedure for voting on the bills and proposals;
(4) deadline for the submission of bills and proposals by deputies; and
(5) other matters requiring decision by the first meeting of the
Presidium.
Article 11. The standing chairmen of the Presidium shall
convene and preside over meetings of the Presidium. The first meeting
of the Presidium shall be convened by the Chairman of the Standing
Committee of the National People’s Congress.
The standing chairmen of the Presidium may put forward suggestions
to the Presidium regarding matters that fall within the scope of
functions and powers of the Presidium, and may also make necessary
adjustments in the schedule of the session.
Article 12. Bills or proposals and the relevant reports which are
to be deliberated by the delegations shall be deliberated at the
general meetings and group meetings of the delegations.
Bills, proposals for addressing questions and proposals for
removal from office that are to be submitted in the name of a
delegation shall be adopted by a simple majority vote of all the
members of the delegation.
Article 13. The standing chairmen of the Presidium may convene
meetings of heads of delegations to hear and discuss the
deliberation reports of various delegations on major issues
concerning bills or proposals and the relevant reports, and report the
discussions and comments to the Presidium.
The standing chairmen of the Presidium may conduct discussions of
important specialized problems by calling together relevant
deputies elected by various delegations; leaders of relevant
departments under the State Council shall attend the meeting,
report the related circumstances and answer questions. The standing
chairmen of the Presidium shall report the discussions and comments to
the Presidium.
Article 14. The Presidium may convene a plenary meeting of the
session, at which speeches shall be made and opinions expressed
on a bill or proposal or a relevant report.
Article 15. For each session, the National People’s Congress
shall set up a Secretariat which shall be composed of a
Secretary-General and Deputy Secretaries-General.
The Secretariat shall, under the direction of the Secretary-General,
handle matters assigned by the Presidium and the day-to-day
affairs of the session. The Deputy Secretaries-General shall assist
the Secretary-General in his work.
Article 16. When the National People’s Congress is in
session, its deputies shall attend the meetings; those who are not
able to attend the meeting on account of illnesses or for other reasons
must ask for leave.
Article 17. Members of the State Council, members of the
Central Military Commission, the President of the Supreme People’s
Court and the Procurator-General of the Supreme People’s
Procuratorate may attend meetings of the National People’s
Congress without voting rights. By decision of the Standing
Committee of the National People’s Congress, leaders of other state
organs and public organizations concerned may attend meetings of the
National People’s Congress without voting rights.
Article 18. Sessions of the National People’s Congress shall be
held in public.
During a session of the National People’s Congress, speeches by
deputies at the various meetings shall be printed in bulletins for
distribution at the session; the minutes or summaries of the speeches
may, upon the request of the speakers, be printed for distribution at
the session as well.
Visitors’ seats shall be provided at the plenary meetings of a
session. Measures for visiting the meeting shall be stipulated
separately.
News briefings and press conferences shall be held for a session
of the National People’s Congress.
Article 19. When necessary, the National People’s Congress may
hold a closed session. The holding of a closed session shall, after
the Presidium has solicited opinions from the various delegations,
be decided by the meeting of the Presidium with the participation
of the heads of all the delegations.
Article 20. When the National People’s Congress is in
session, the Secretariat and delegations concerned shall provide
deputies from the minority nationalities with the necessary
interpretation.
CHAPTER II SUBMISSION OF AND DELIBERATION ON BILLS AND PROPOSALS
Article 21. The Presidium, the Standing Committee and the
special committees of the National People’s Congress, the State
Council, the Central Military Commission, the Supreme People’s
Court and the Supreme People’s Procuratorate may submit to the
National People’s Congress bills or proposals that fall within the
scope of its functions and powers, which shall be put on the agenda of
a session by decision of the Presidium.
A delegation or a group of thirty or more deputies may submit
to the National People’s Congress bills or proposals that fall within
the scope of its functions and powers. The Presidium shall decide
whether or not to put the bills or proposals on the agenda of the
session, or to refer them to the relevant special committees for
deliberation and, after receiving their opinions, decide whether or
not to put them on the agenda of the session. The Presidium shall
also print the report on the disposition of the bills or proposals
approved by the Presidium for distribution at the session. When
bills or proposals are deliberated at meetings of the special
committees, their sponsors may be invited to attend the
meetings as nonvoting participants to express their opinions.
Bills or proposals that are to be submitted by a group of
deputies or a delegation may be submitted before a session of
the National People’s Congress is held.
Article 22. With regard to bills or proposals that have been
placed on the agenda of a session, the sponsors, the relevant
special committees of the National People’s Congress and the
relevant office of the Standing Committee of the National People’s
Congress shall provide the pertinent information.
Article 23. With regard to bills or proposals that have been
placed on the agenda of a session, the sponsors shall submit
explanations to the session. The bills or proposals shall be
deliberated by the various delegations and the Presidium may, in
the meantime, refer them to the relevant special committees for
deliberation. The result of the deliberations shall then be
reported to the Presidium which may, after its own deliberation,
decide to put the bills or proposals to the vote at a plenary
meeting of the session.
Article 24. With regard to legislative bills that have been
placed on the agenda of a session, after explanations about them
are heard at a plenary meeting, they shall be deliberated by the
various delegations and, in the meantime, by the Law Committee and the
relevant special committees.
The Law Committee shall, in the light of opinions expressed
during deliberations by the various delegations and the
relevant special committees, conduct unified deliberation on the
legislative bills and submit to the Presidium a report on the
results of deliberation and the revised draft laws. The Law
Committee shall include major dissenting opinions in the report on
the results of deliberation. The Presidium shall, after deliberation
and approval, print it for distribution at the session and also
submit the revised legislative bills to a plenary meeting of the
session for the vote.
Reports on the results of deliberation prepared by the relevant
special committees shall be promptly printed and distributed at the
session.
The procedure for deliberation and voting on the legislative bills
prepared and submitted by a special law-drafting committee
established by decision of the National People’s Congress shall be
formulated separately.
Article 25. Before a session of the National People’s Congress is
held, the Standing Committee of the National People’s Congress may
publish for extensive comment the major legislative bills for basic
laws that are to be submitted to the session for deliberation, and
may print the summarized comments for distribution at the session.
Article 26. During deliberations on bills or proposals or the
relevant reports involving specialized problems, the special
committees may invite the relevant deputies and specialists to
attend the meeting as nonvoting participants to express their opinions.
The special committees may decide on the holding of a closed meeting.
Article 27. Deliberation on a bill or proposal already placed
on the agenda of a session shall be terminated upon approval by the
Presidium of a request made by the sponsor for its withdrawal before it
is put to the vote.
Article 28. If important issues are raised during
deliberations on a bill or proposal placed on the agenda of a
session and call for further study, upon decision by a plenary
meeting of a session on a proposal made by the Presidium, the
Standing Committee of the National People’s Congress may be
authorized to deliberate on it, after which it shall either make a
decision and report it to the next session of the National
People’s Congress for the record or refer the bill or proposal to
the next session of the National People’s Congress for deliberation.
Article 29. The proposals, criticisms and opinions put
forward by deputies to the National People’s Congress concerning
any sphere of work shall be referred by the office of the Standing
Committee of the National People’s Congress to the relevant organs
or organizations, which shall study them, handle them and be
responsible to give an answer within three months of the conclusion of
the session or within six months at the latest. If the deputies are
not satisfied with the answer, they may raise their opinions, which
shall be referred by the office of the Standing Committee of the
National People’s Congress to the relevant organs or organizations or
those at a higher level to be studied and handled anew for a responsible
answer.
CHAPTER III DELIBERATION OF WORK REPORTS AND EXAMINATION OF STATE
PLANS AND BUDGET
Article 30. When the National People’s Congress is in session each
year, resolutions may be adopted at the session corresponding to the
work reports submitted to it by the Standing Committee of the National
People’s Congress, the State Council, the Supreme People’s Court
and the Supreme People’s Procuratorate, after deliberation by the
various delegations.
Article 31. A month before the holding of a session of the
National People’s Congress, the competent departments concerned
under the State Council shall report to the Financial and
Economic Committee and the relevant special committees of the
National People’s Congress the main points of the plan for
national economic and social development and the basic situation
regarding the implementation of the previous year’s plan as well as
the main points of the state budget and the basic situation
regarding the implementation of the previous year’s state
budget for preliminary examination by the Financial and Economic
Committee.
Article 32. When the National People’s Congress is in session each
year, the State Council shall submit to the session a report on
the plan for national economic and social development and the
implementation of the previous year’s plan and a report on
the state budget and the implementation of the previous
year’s state budget, and print for distribution at the session,
together with the above reports, the main targets in the national
economic and social development plan (draft), the tables of revenue
and expenditure in the state budget (draft) and the tables showing
the implementation of the previous year’s state budget (draft),
which shall be examined by the various delegations and also by the
Financial and Economic Committee and the relevant special committees.
The Financial and Economic Committee shall, in the light of the
examination reports prepared by the various delegations and the
relevant special committees, examine the report on the plan for
national economic and social development and on the implementation of
the previous year’s plan, and the report on the state budget and
the implementation of the previous year’s state budget, and submit
to the Presidium a report on the results of its examination. The
Presidium shall, after deliberation and approval, print the report
for distribution at the session; the Presidium shall also submit a
draft resolution on the plan for national economic and social
development and a draft resolution on the state budget and the
implementation of the previous year’s state budget to a plenary
meeting of the session for the vote.
Reports on the results of deliberation prepared by the relevant
special committees shall be promptly printed and distributed at the
session.
Article 33. If, in the course of implementation, adjustment
must be made to part of the plan for national economic and social
development and the state budget approved by the National
People’s Congress, the State Council shall submit the adjusted
plan to the Standing Committee of the National People’s Congress for
examination and approval.
CHAPTER IV ELECTION, RECALL, APPOINTMENT, REMOVAL FROM OFFICE,
AND RESIGNATION OF MEMBERS OF STATE ORGANS
Article 34. Candidates for the Chairman,
Vice-Chairmen, Secretary-General and other members of the
Standing Committee of the National People’s Congress, for the
President and Vice-President of the People’s Republic of China, for
the Chairman of the Central Military Commission, for the
President of the Supreme People’s Court and the
Procurator-General of the Supreme People’s Procuratorate shall be
nominated by the Presidium which shall, after consultation
among the various delegations, decide upon a formal list of
candidates based on the opinion of the majority of deputies.
The Premier and other members of the State Council and members
of the Central Military Commission other than its Chairman shall be
nominated in accordance with the relevant provisions of the Constitution.
Candidates for the chairman, vice-chairmen and other members of the
special committees shall be nominated by the Presidium from among the
deputies.
Article 35. Nominators of candidates shall provide the
meeting with basic information on the candidates and make
necessary explanations to questions raised by deputies.
Article 36. At a session of the National People’s Congress,
elections shall be conducted and appointments decided by secret
ballot. Candidates shall be elected and decisions adopted by a simple
majority vote of all the
deputies.
When elections are conducted or proposals for appointment are put
to the vote at a plenary meeting of a session, ballot-writing
booths shall be installed.
The outcome of an election or vote shall be announced on the spot
by the person presiding over the meeting. The number of votes
received by a candidate shall be announced.
Article 37. Specific measures for elections and
decisions on appointment at a session of the National People’s
Congress shall be adopted at a plenary meeting of the session.
Article 38. During a session of the National People’s Congress,
if 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
tenders his resignation, the Presidium shall first forward the
resignation to the delegations for deliberation and then submit it to
a plenary meeting of the session for decision; if a
resignation is tendered when the National People’s Congress is
not in session, the Council of Chairmen shall submit the
resignation to the Standing Committee of the National People’s
Congress for deliberation and decision. If the Standing Committee
of the National People’s Congress accepts the resignation 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,
the Premier or a Vice-Premier of the State Council, a State
Counciller, the Chairman of the Central Military Commission, the
President of the Supreme People’s Court or the Procurator-General
of the Supreme People’s Procuratorate, it shall refer the resignation
to the next session of the National People’s Congress for confirmation.
When the National People’s Congress is not in session, should the
office of the Premier of the State Council, the chairman of the
Central Military Commission, the President of the Supreme
People’s Court or the Procurator-General of the Supreme People’s
Procuratorate becomes vacant, the Standing Committee of the
National People’s Congress shall choose a person to act in his
capacity respectively from among the Vice-Premiers of the State
Council, the Vice-Chairmen of the Central Military Commission, the
Vice-Presidents of the Supreme People’s Court or the Deputy
Procurators-General of the Supreme People’s Procuratorate.
Article 39. The Presidium, three or more delegations or a group
of at least one tenth of the number of deputies to the National
People’s Congress may submit a proposal for 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. The Presidium shall refer the proposal to the
delegations for deliberation and then put it to the vote at a
plenary meeting of the session; or in accordance with the provisions
of CHAPTER VI of these Rules, an investigation committee shall be
organized by decision of a plenary meeting of the session on a
proposal by the Presidium and, on the basis of the report of the
investigation committee, the proposal for removal from office shall be
deliberated and decided at the next session of the National People’s
Congress.
For a proposal for removal from office, the reasons thereof shall be
stated and the relevant information provided.
Before a proposal for removal from office is put to the vote at a
plenary meeting of a session, the person proposed to be removed from
office shall have the right to defend himself at a meeting of the
Presidium or a plenary meeting of the session, or to present a
written statement in his defence, which shall be printed by the
Presidium for distribution at the session.
Article 40. For a member of the Standing Committee or a
special committee of the National People’s Congress whose position
as a deputy to the National People’s Congress is recalled by the
unit that elected him, the position he holds as a member of the
Standing Committee or a special committee of the National People’s
Congress shall be annulled accordingly, which shall be announced by
the Presidium or the Standing Committee of the National People’s
Congress.
CHAPTER V INQUIRIES AND THE ADDRESSING OF QUESTIONS
Article 41. During deliberations by delegations on a bill or
proposal and a relevant report, the department concerned shall
send leading personnel to attend the meeting to listen to comments
and answer questions raised by deputies.
During deliberations on the work report of the government and
examinations of the report on the plan for national economic and
social development and the implementation of the previous year’s
plan, and of the report on the state budget and the implementation of
the previous year’s state budget, at the general meetings of the
various delegations, leaders of the State Council and of
departments under the State Council shall respectively attend the
meeting, listen to comments and answer inquiries.
During deliberations by the Presidium and by the special
committees on a bill or proposal and a relevant report, leaders of the
State Council or the organs concerned shall attend the meeting to
listen to comments and answer inquiries and may also make
additional explanations about the bill or proposal and the relevant
report.
Article 42. During a session of the National People’s
Congress, a delegation or a group of thirty or more deputies may
submit a written proposal for addressing questions to the State
Council and departments under the State Council.
Article 43. In the proposals for the addressing of
questions, the objects to be questioned and the topics and contents to
be questioned about must be clearly stated.
Article 44. With regard to a proposal for addressing
questions, the Presidium shall decide whether to request the head of
the organ questioned to give an oral reply at a meeting of the
Presidium, a meeting of the relevant special committee or a meeting
of the relevant delegation, or to refer the questions to the organ
concerned for a written reply. If the reply is to be given at a
meeting of the Presidium or of a special committee, the head of
the delegation or the deputies who addressed the questions shall
have the right to attend the meeting to express their opinions.
If the delegation or the deputies who submitted the proposal for
addressing questions are not satisfied with the reply, they may
raise their request. The organ questioned shall, by decision of
the Presidium, give another reply.
If the reply is given at a meeting of a special committee or a
delegation, the relevant special committee or delegation shall report
the reply and the related circumstances to the Presidium.
The Presidium may, when it deems it necessary, print for
distribution at the session the report on the reply to the
proposal for addressing questions and the related circumstances.
If the reply is given in written form, it shall be signed by the
head of the organ questioned and shall, by decision of the
Presidium, be printed for distribution at the session.
CHAPTER VI INVESTIGATION COMMITTEES
Article 45. The National People’s Congress may, when it
deems it necessary, appoint committees for the investigation of
specific questions.
Article 46. The Presidium, three or more delegations or a group
of one tenth or more of the number of deputies may put forward a
proposal for appointing committees for the investigation of
specific questions. The proposal shall be submitted by the
Presidium to a plenary meeting of the session for decision.
An investigation committee shall be composed of a chairman and a
certain number of vice-chairmen and members, who shall be
nominated by the Presidium from among the deputies and approved by
a plenary meeting of the session. An investigation committee may
invite specialists to participate in its investigations.
Article 47. When an investigation committee conducts
investigations, all state organs, public organizations and
citizens concerned shall be obliged to truthfully furnish the
necessary information. If the citizens who furnish the information
request the investigation committee to keep the sources of information
confidential, the investigation committee shall keep them confidential.
The investigation committee may, in the course of its investigation,
choose not to make public the information or materials
obtained through investigation.
Article 48. An investigation committee shall submit an
investigation report to the National People’s Congress. The
National People’s Congress may adopt appropriate resolutions based on
the report of the investigation committee.
The Standing Committee of the National People’s Congress may be
authorized by the National People’s Congress to hear the
investigation report of an investigation committee and adopt
appropriate resolutions, when the National People’s Congress is
not in session, and shall report to the next session of the National
People’s Congress for the record.
CHAPTER VII SPEAKING AND VOTING
Article 49. Deputies to the National People’s Congress shall
not be held legally liable for their speeches or votes at various
meetings of the National People’s Congress.
Article 50. A deputy who is to speak at a plenary meeting of a
session may speak twice, with the first speech not exceeding ten
minutes and the second speech not exceeding five minutes.
A deputy who asks to speak at a plenary meeting of a session shall
sign up at the Secretariat before the meeting is convened, and
the order of speeches shall be arranged by the executive chairmen
of the meeting. An impromptu speech at a plenary meeting of a
session shall be subject to approval by the executive chairmen.
Article 51. A member of the Presidium, the head of a
delegation or a representative elected by a delegation may, at
each meeting of the Presidium, speak twice on the same topic,
with the first speech not exceeding fifteen minutes and the second
speech not exceeding ten minutes. The time limit may be
appropriately extended, if approved by the person presiding over the
meeting.
Article 52. Bills or proposals put to the vote at a plenary
meeting of a session shall be adopted by a simple majority vote of all
the deputies.
An amendment tothe Constitution shall be adopted by two thirds or
more of the votes of all the deputies.
The outcome of a voting shall be announced on the spot by the
person presiding over the meeting.
Article 53. At sessions of the National People’s Congress,
bills or proposals shall be passed by ballot, by a show of hands
or by any other means as may be decided by the Presidium.
An amendment to the Constitution shall be passed by ballot.
Article 54. These Rules shall come into force on the date of
their promulgation.