RULES OF PROCEDURE FOR THE NATIONAL PEOPLE’S CONGRESS OF THE PEOPLE’S REPUBLIC OF CHINA

  2467
(Adopted at the Second Session of the Seventh National People’s

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.