Rules of Procedure of the Standing Committee of the National People’s Congress of the People’s Republic of China

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(Adopted at the 23rd Meeting of the Standing Committee of the Sixth National People’s Congress on November 24, 1987, amended according to the Decision of the Standing Committee of the National People’s Congress on Amending the Rules of Procedure of the Standing Committee of the National People’s Congress of the People’s Republic of China (Order No. 13 of the President of the People’s Republic of China) at the 8th meeting of the Standing Committee of the 11th National People’s Congress on April 24, 2009 )

Catalogue

Chapter I General Provisions

Chapter II Convene of Meeting

Chapter III Submission of and Deliberation on Bills and Proposals

Chapter IV Hearing and Examining Work Reports

Chapter V Inquiries and the Addressing Questions

Chapter VI Speaking and voting

Chapter VII Supplementary Provisions

Chapter I General Provisions

Article 1 These Rules are formulated in accordance with the provisions of the Constitution andthe Organic Law of the National People’s Congress and in the light of the practical experience of the Standing Committee of the National People’s Congress.

Article 2 In deliberating on bills and proposal and making decisions, the Standing Committee of the National People’s Congress shall give full play to democracy and apply the principle of democratic centralism.

Chapter II Convene of Meeting

Article 3 The Standing Committee of the National People’s Congress shall meet in session once every other month; an interim session may be convened when necessary.

Meeting of the Standing Committee shall be convened and conducted by its Chairman. The Chairman may entrust any of the Vice-Chairmen to conduct a meeting on his behalf.

Article 4 Meeting of the Standing Committee may not be held unless more than half of the members of the Committee are present.

Article 5 The Council of Chairmen shall draft the agenda for a meeting of the Standing Committee and refer it to a plenary meeting of the Standing Committee for decision.

During a meeting of the Standing Committee, if it needs to change the agenda, the proposal shall be made at the Council of Chairmen and subject to the approval of the plenary meeting of the Standing Committee.

Article 6 To hold a meeting, the Standing Committee shall, at least seven days before the meeting, notify its members and non-voting delegates of the date of the meeting and the major matters to be deliberated at the meeting. An interim meeting can be notified within a shorter time.

Article 7 when the Standing Committee meets, leading members of the State Council, the Central Military Commission, the Supreme People’s Court and the Supreme People’s Procuratorate shall attend the meeting as nonvoting participants.

The chairmen, vice-chairmen and members of the special committees of the National People’s Congress who are not members of the Standing Committee, the deputy secretary general of the Standing Committee, the directors and deputy directors of the working committee and the persons in charge of the relevant departments shall attend the meeting as non-voting delegates.

Article 8 When the Standing Committee holds a meeting, the director or one of the deputy directors of the standing committee of the people’s congress of each province, autonomous region and municipality directly under the Central Government shall attend the meeting as a non-voting delegate, and the relevant NPC deputies can be invited to the meeting as non-voting delegates.

Article 9 when the Standing Committee is in session, it shall hold plenary meetings, groups meeting and joint group meetings.

For the panel meetings of the Standing Committee, several conveners shall be determined at the chairmen’s council to host the meetings in turn. The list of panel meetings shall be drafted by the working body of the Standing Committee, finalized by the secretary general and adjusted on a regular basis.

A joint meetings of the Standing Committee shall be hosted by the chairman or any vice chairman authorized by the chairman.

Article 10 When the Standing Committee meets, its members shall attend the meeting, except for those who ask to be excused on account of poor health or for other reasons.

Chapter III Submission of and Deliberation on Bills and Proposals

Article 11 The Council of Chairmen may submit to the Standing Committee for deliberation at its meetings bill and proposals that are within the scope of the functions and powers of the Standing Committee.

The State Council, the Central Military Commission, the Supreme People’s Court, the Supreme People’s Procuratorate, and the special committees of the National People’s Congress may submit to the Standing Committee bills and proposals that are within the scope of its functions and powers. The Council of Chairmen shall decide whether to refer them to the Standing Committee for deliberation at its meeting or to refer them to the relevant special committees for deliberation and the submission of reports before deciding whether to refer them to the Standing Committee for deliberation at its meetings.

Bill and proposals that are within the scope of the function and powers of the Standing Committee may be submitted to it by 10 or more of its members. The Council of Chairmen shall decide whether to refer them to the Standing Committee for deliberation at its meeting or to refer them to the relevant special committee for deliberation and the submission of reports before deciding whether to refer them to the Standing Committee for deliberation at its meetings. Bills and proposals that are not to be referred to the Standing Committee for deliberation at its meetings shall be reported to the Standing Committee at its meetings, or explanations shall be made to the sponsors.

Article 12 The chairmen’s council can, when necessary, authorize a working committee or the General Office of the Standing Committee to draft bills and proposals and make explanations to the Standing Committee at its meetings.

Article 13 With regard to the bills and proposals that have been placed on the agenda of a session of the Standing Committee, the sponsor organs, the special committees and the working bodies of the Standing Committee concerned shall provide relevant information.

Any appointment or removal proposal shall be attached with the basic information of the person to be appointed or removed and the appointment or removal reasons, and the responsible persons shall attend the meeting to answer questions when necessary.

Article 14 The Standing Committee shall hold plenary meetings to heat explanation about the bills and proposals.

After that, the bill and proposals shall be deliberated on at group meetings and also by the special committees concerned.

Article 15 With respect to the draft laws placed on the agenda of a session, after hearing the explanations and making preliminary deliberations, the Standing Committee shall refer them to the relevant special committee for deliberation and to the law committee for overall deliberation. The Law Committee shall submit a report on the results of deliberation to the next session or a later session of the Standing Committee and the Standing Committee shall print the deliberation reports prepared by the relevant special committees and distribute them at a meeting of the Standing Committee.

After deliberation on the bills and proposal involving decisions on or amendments to laws, the Law Committee mat submit a report on the results of deliberation to the current session or to the next session or a later session of the Standing Committee.

Articles 16 A bill for approval of a final accounting or budget readjustment proposal shall be submitted to the Financial and Economic Affairs Committee for deliberation and can be simultaneously submitted to another appropriate special committee for deliberation, and the deliberation results shall be submitted by the Financial and Economic Affairs Committee to the Standing Committee at its meeting.

A bill for approval of a treaty or convention shall be submitted to the Foreign Affairs Committee for deliberation and can be simultaneously submitted to another appropriate special committee for deliberation, and the deliberation results shall be submitted by the Foreign Affairs Committee to the Standing Committee.

Article 17 A joint group meeting of the Standing Committee may hear and deliberate on the special committees’ reports on their deliberations on bills and proposals and discuss the items on the agenda of the session.

Article 18 Leading members of organs sponsoring the bill or proposals may make supplementary explanations about them at plenary meetings or joint group meetings of the Standing Committee.

Article 19 Deliberations on a bill or proposal already placed on the agenda of a session of the Standing Committee may be cancelled upon approval by the Council of Chairmen at the request made by the sponsor for its withdrawal before it is put to vote.

Article 20 For a bill to be submitted to a plenary meeting of the Standing Committee for deliberation and voting, if there are any major issues that need further study, the bill may not be voted on for the time being at the suggestion of the Chairman or of the Chairmen’s Council and upon the approval of the joint meeting or the plenary meeting, but shall be submitted to the appropriate special committee for further deliberation and a deliberation report shall be submitted after that.

Article 21 The Standing Committee may, when it deems it necessary, organize investigation committee may, when it deems it necessary, organize investigation committee on particular issues and make decision in the light of the reports prepared by the investigation committee.

Chapter IV Hearing and Examining Work Reports

Article 22 The plenary meeting of the Standing Committee shall hear the special work reports of the State Council, the Supreme People’s Court and the Supreme People’s Procuratorate, the national economic and social development plans and the budgetary performance reports, the final reports and the audit reports, the law enforcement inspection reports of the law enforcement inspection group of the Standing Committee and other reports.

Article 23 After hearing the work reports at its plenary meetings members of the Standing Committee may examine them at group meetings or joint group meeting.

The Council of Chairmen may decide to refer such work reports to relevant special committees for deliberation and comments.

Article 24 The Standing Committee may, when it deems it necessary, adopt resolutions on the work reports.

Chapter V Inquiries and the Addressing Questions

Article 25 When members of the Standing Committee are going to deliberate on bills or proposals or work reports at group meetings, the departments concerned shall be notified to send people to attend the meetings to listen to comments and answer questions.

When members of the Standing Committee are going to deliberate on bills or proposals or work reports at joint group meetings, leading members of the departments concerned shall be notified to attend the meeting to listen to comments and answer questions.

Article 26 During a session of the Standing Committee, 10 or more members of the Standing Committee may jointly submit to the Standing Committee a written proposal for addressing questions to the State Council, the ministers and commission under the State Council, the Supreme People’s Court and the Supreme People’s Procuratorate.

Article 27 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 28 The Council of Chairmen shall decide to refer the proposals for the addressing of questions to the relevant special committees for deliberation or submit them to a session of the Standing Committee for deliberation.

Article 29 With respect to proposals for the addressing of questions, the Council of Chairmen shall decide whether responsible persons of the organs questioned shall make written replies. For questions answered at meetings of the relevant special committees, these special committees shall submit a report to the Standing Committee or the Council of Chairmen.

Written replies to the questions addressed shall be signed by responsible person of the organs questioned, then printed and distributed to members of the Standing Committee and to the relevant special committees.

When the special committees concerned deliberate on proposals for the addressing of questions, the Standing Committee members who raised such proposal may attend the meeting to express their opinions.

Chapter VI Speaking and voting

Article 30 Members of the Standing Committee shall, when delivering speeches at a plenary meeting, a joint meeting or a panel meeting, focus on the topics of the meeting.

“Members of the Standing Committee who want to make speeches when a topic is deliberated at a plenary meeting or joint meeting of the Standing Committee shall make requests in person to the working body of the Standing Committee before the meeting, and the chairperson of the meeting shall arrange the sequence of their speeches. Any member who requests for making a speech at a plenary meeting or joint meeting at short notice may give a speech upon consent of the chairperson of the meeting. Any member who requests for making a speech at a panel meeting may give a speech upon consent of the chairperson of the meeting.

This Chapter shall apply to the delivery of speeches by persons attending the meetings of the Standing Committee as non-voting delegates.

Article 31 Any speech delivered at a plenary meeting may not exceed 10 minutes. The first speech delivered at a joint meeting or panel meeting may not exceed 15 minutes and the second speech on a same matter may not exceed 10 minutes. The time can be extended if requested beforehand upon approval of the chairperson of the meeting.

Each speech delivered at each meeting of the Standing Committee shall be recorded by staff of the working body of the Standing Committee and, after the speaker signs upon check, be published on the meeting briefing and put on archives.

Article 32 Bills and proposals shall be adopted if they are voted for by a simple majority of all the members of the Standing Committee.

The person who presides over the meeting shall announce the result of the vote on the spot.

Article 33 If amendments are proposed to the bills and proposals to be put to vote, such amendments shall be voted on first.

Article 34 Proposals regarding appointments or removals shall be voted on person by person or may, in the light of specific circumstances, be voted on together.

Article 35 The voting on bills and proposals shall be conducted at sessions of the Standing Committee by secret ballot, a show of hands or other methods.

Chapter VII Supplementary Provisions

Article 36 These Rules shall come into force as of the date of their promulgation.