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中华人民共和国全国人民代表大会议事规则 Rules of Procedure for the National People's congress of the People's Republic of China

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(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)
颁布日期:19890404  实施日期:19890404  颁布单位:全国人大

  Contents

  Chapter I holding of Meetings

  Chapter II Submission of and Deliberation on Bills and Proposals

  Chapter III Deliberation of Work Reports and Examination of state Plans and Budget

  Chapter IV ELECTION, Recall, Appointment, Removal form Office, and Resignation of members of State Organs

  Chapter V Inquiries and the Addressing of Questions

  Chapter VI Investigation Committees

  Chapter VII speaking and Voting

  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 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 inter in 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 fist 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 leaders 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 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 Secretaries-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 deliberations 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 repot on the results of deliberation and the revised draft laws. The Law Committee shall include major dissention 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.

  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 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 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' 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), 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 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 Super me 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 a Vice-President of the People's Republic of China, the Premier or a Vice-President the State Council, a State Councilor, 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 defend, 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 ore 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, y decision of the Presidium, give an other 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 question. 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 may about 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 my 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 to the 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 maybe 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.

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