People's Republic Of China Organic Law Of The Villagers ' Committee

Original Language Title: 中华人民共和国村民委员会组织法

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People's Republic of China, the 37th President

People's Republic of China of the organic law of the villagers ' Committee by the People's Republic of China Standing Committee of the 11th National People's Congress adopted revised on October 28, 2010 the 17th Conference, now revised the People's Republic of China published in the organic law of the villagers ' Committee, as of the date of promulgation.

  People's Republic of China President Hu Jintao



The October 28, 2010

People's Republic of China Organic Law of the villagers ' Committee

(November 4, 1998 Standing Committee of the ninth national people's Congress fifth Conference on October 28, 2010 the 17th meeting of the Standing Committee of the 11th NPC amended)

Directory

Chapter I General provisions

Chapter II composition of the villagers ' committees and responsibilities

Chapter III village Committee election

Fourth chapter meeting of representatives of villagers, and villagers

Fifth chapter, democratic management and democratic supervision

The sixth chapter supplementary articles

Chapter I General provisions

First in order to protect the rural villagers ' self-government by villagers to handle their own matters according to law, develop rural grass-roots democracy, protect legal rights of villagers, promoting new Socialist countryside construction in accordance with the Constitution, this law is enacted.

Article villagers committees villagers self-management, self-education, self serving the grassroots organizations, and carry out democratic election, democratic decision-making, democratic management and democratic supervision.

The villagers ' Committee of the village's public affairs and welfare undertakings, mediate disputes, and help to maintain social order, and to the people's Government of the villagers ' views, demands and proposals.

Assembly to the villagers, the villagers ' representatives of the village Committee is responsible and reports on its work.

Article villagers ' committees according to the villagers ' living conditions, population, according to facilitate autonomy, is conducive to economic development and social principles of the management of the establishment.

Establishment, dissolution of the villagers ' Committee, the scope adjustments proposed by the people's Government of townships, nationality townships, and towns, villagers ' meeting agreed that county-level people's Government.

Villagers ' committees according to the villagers ' living conditions, collective land ownership relations and is divided into a number of village groups.

Fourth in rural grass-roots organizations of the CPC and work in accordance with the party Constitution, and play a leadership role, leading and supporting villagers ' committees to exercise powers in accordance with the Constitution and laws, support and protect the villagers ' self-government activities carried out and directly exercise their democratic rights.

Article fifth townships, the people's Government of the villagers ' committees provide guidance, support and assistance, but cannot interfere in matters belonging to the villagers ' autonomy according to law.

Villagers ' committees assist the work of the people's Governments of townships, nationality townships, and towns.

Chapter II composition of the villagers ' committees and responsibilities

Sixth village Committee by the Director, Deputy Directors and members of three to seven members.

Among the members of villagers ' committees should have women members, multi-ethnic village where villagers live there should be fewer ethnic members.

Members of the villagers ' committees, with their work, give appropriate subsidies. Article seventh villagers ' committees according to the need for people's mediation committees, public security, public health and family planning. A villagers ' Committee members can serve as members of committees.

Population of village Committee can not be set in the village of committees, by the villagers ' Committee members of the Division responsible for people's mediation, public security, public health and family-planning work.

Article eighth villagers ' committees should be supported and organized the villagers in accordance with the development of forms of cooperation in economy and other economic, production and coordination of services in this village, promoting agricultural production and economic development.

A villagers ' Committee in accordance with the law, management of village peasants in the village of collectively-owned land and other property, guide the villagers ' rational use of natural resources, protecting and improving the ecological environment.

Villagers ' committees shall respect and support the autonomy of collective economic organizations shall, in conducting independent economic activities, maintained by household contract management as the Foundation, combines unified and separated the two-tier management system, ensuring collective economic organization and the villagers, farm households, lianhu or partnership legal property rights and other legitimate rights and interests.

Nineth villagers ' Committee should be publicized to the Constitution, laws, regulations, and State policies, education and encouraging villagers to fulfill their legal obligations, protect public property, protect legal rights of villagers, develop the culture and spread scientific knowledge, promoting equality between women and men, family planning, promote solidarity and mutual assistance between the village and the village and carry out various forms of socialist spiritual civilization building activities.

A villagers ' Committee should support services, public welfare and fraternal social organizations to carry out activities, promote the development of rural communities.

Ethnic villagers living in the village, the village Committee should educate and guide the ethnic villagers to promote solidarity, respect each other, help each other.

Article tenth villagers ' committees and their members should abide by the Constitution, the laws, regulations and national policies, compliance and implementation regulations of villagers ' autonomy, discriminated, the Executive meeting of representatives of villagers, the villagers of decisions, resolutions and act in a fair, honest, and helpful services for villagers, and accept the supervision of villagers.

Chapter III village Committee election 11th Director, Deputy Directors and members of the village Committee, elected directly by villagers.

No organization or individual may designate, appoint or remove members of the villagers ' Committee. The villagers ' Committee for a term of three years and expire should be held a general election in a timely manner.

Members of the villagers ' Committee are eligible for re-election.

12th village Committee elections, chaired by the villagers ' Election Committee.

Villagers by the Director and the members of the Election Committee, made up of villagers, the villagers ' representatives or elected the village group meetings.

Villagers ' Election Committee members are nominated as members of the villagers ' Committee candidate, should quit the villagers ' Election Committee.

Villagers ' Election Committee members quit the village election committees or vacancy for other reasons, the original election results which they were elected, can also be elected separately.

13th article of villagers over the age of 18, regardless of nationality, race, sex, occupation, family background, religious belief, education, property status or length of residence, have the right to vote and to be elected; however, except persons deprived of political rights according to law.

Before the villagers ' Committee election shall register the following persons, included in the list of villagers to participate in the elections:

(A) residence in the village and villagers living in the village;

(B) residence in the village, not living in the village, said villagers participating in the election;

(C) the residence is not in this village, lived in the village for more than a year, I would request to participate in the elections, and the villagers ' meetings or villagers ' representatives agreed to participate in the election of citizens.

Has lived in the village or household registration registered to vote in the village villagers, not permitted to participate in other local villagers ' Committee elections.

14th registered on the electoral list of villagers should be 20th on election day by the villagers ' Election Committee announced.

Be registered on the electoral list of villagers has objections, shall from the date of announcement to villagers in the 5th Election Committee, the villagers ' Election Committee shall make a decision within the 3rd from the date of receipt of the complaint and publish the results. 15th election of villagers ' committees, elected by registered villagers directly nominate candidates. Villagers nominate candidates, shall, in the interests of all villagers, recommend law-abiding, good, fair and honest, enthusiastic villagers, have a certain educational level and working ability as a candidate. Quota of candidates should be more than to be elected.

Villagers ' Election Committee candidates should be organized and meet villagers, introduces the idea of duties by candidates to answer questions raised by the villagers. Election of villagers ' committees, have registered to participate in the election of the villagers ' a majority of the vote, election effective candidates access to the villagers for voting by a majority of the votes, begin was elected. Lack of the number to be elected, insufficient places in another election.

Another election, officers elected first ballot votes for the candidate, the candidate was elected by a vote, but the number of votes not less than one-third of the total vote. Elected by secret ballot and open method of counting, the election results should be announced on the spot.

Election, shall set up a secret vote. Registration to participate in the elections of villagers, go out during the election cannot vote, may in writing delegate has the right to vote in the village of close relatives to vote in his place.

Village election committees shall be released to the client and the client's list.

The specific election method stipulated by the Standing Committee of the people's congresses of provinces, autonomous regions and municipalities directly under the. 16th one-fifth above has the right to vote in the village of villagers or one-third of the villagers of the deputies, can request for recall village Committee members, the reason of the recall and instructions.

Proposed to be recalled members of the villagers ' Committee is entitled to representation.

Remove village Committee members must be registered to vote elect a majority of the villagers, and villagers adopted by a majority vote of the voting will be necessary.

Article 17th by means of violence, threats, deception, bribery, forged ballots, falsification of vote or other improper means were elected members of the villagers ' Committee election is invalid.

By means of violence, threats, deception, bribery, forged ballots, falsification of vote or other improper means, prejudice the villagers exercise their right to vote, to stand for election, behaviour of destroying the villagers ' Committee election, villagers have the right to a township, nationality township or town people's congresses and people's Governments or report to the Standing Committee of the people's congresses and people's Governments at the county level and its competent departments, the people's Governments at the township or the County investigated and dealt with according to law.

Article 18th incapacity or is sentenced by the members of the village Committee, whose functions terminate itself. Article 19th village Committee member becomes vacant, the by-election by the villagers ' meetings or villagers ' representative meetings. By-election process with reference to section 15th of the regulations.

By-election in this village Committee term of Office of the members of the villagers ' Committee shall hold office until the expiration of time. Article 20th villagers ' committees should be since the date of the session of the villagers ' Committee finished 10th over.

Handover by villagers ' Election Committee Chair, supervised by the people's Governments of townships, nationality townships, and towns.

Fourth chapter meeting of representatives of villagers, and villagers

21st villagers by the villagers of this village more than 18 years old. The villagers ' meeting convened by the village Committee. Villagers in more than one-tenth or one-third per cent of the village representatives propose, should convene village meetings.
Convene village meetings, should be notified 10 days in advance of the villagers.

22nd Conference convening of the villager, a majority should be 18 years old and above the village villagers, or two-thirds per cent of the households in the village representatives, decisions should be made at the meeting of villagers who passed by a majority of.

Legal decisions on holding village meetings and otherwise provided, in accordance with its provisions.

Convene village meetings as needed can be stationed in the village at the invitation of enterprises, institutions and people's organizations to send representatives to attend.

Article 23rd village meetings consideration of the annual report on the work of villagers ' committees, deliberation, members of the villagers ' Committee work; right to cancel or change a villagers ' Committee is not the appropriate decision; the right to cancel or change the villagers ' representatives are not an appropriate decision.

Villagers may authorize the representative Conference of the Conference consideration of the annual report on the work of villagers ' committees, to review work of village Committee members, cancellation or change of the villagers ' Committee is not the appropriate decision.

24th the following matters involving the interests of villagers, the villagers ' meeting shall be handled:

(A) the village enjoy subsidized workers and subsidies;

(B) from the use of proceeds from the village collective economy;

(Iii) the welfare of the village run and raise financing for programme of work programmes and projects;

(D) the land contracting and management programmes;

(E) the project of collective economic projects, turnkey solution;

(F) land use programme;

(G) use, allocation of land acquisition compensation programmes;

(H) the loan, lease, or otherwise dispose of the collective property;

(I) the villagers think that it should be by the villagers ' meeting other matters involving the interests of the villagers.

Villagers may authorize the representative Conference to decide the matters prescribed in the preceding paragraph.

Law discussed collective economic organization and provided in matters of the rights and interests of members, in accordance with its provisions. 25th large or scattered village, villagers ' representatives could be established to discuss and decide on matters authorized by the villagers.

Representatives of villagers by the villagers ' Committee members and representatives of the villagers, the villagers ' representatives shall constitute over four-fifths members of the villagers ' representatives, women villagers ' representatives shall constitute over one-third members of the villagers ' representatives. Villagers ' representatives elected by the villagers every five to 15 people, or elected by the village group of several individuals. Term of Office of village representatives and villagers ' committees for the same period.

The villagers ' representatives shall be eligible for re-election.

Villagers ' representatives shall elect or village groups are responsible for, and accept the supervision of villagers. 26th the villagers ' representatives convened by the village Committee. Representative Conference held once every quarter.

One-fifth per cent of the villagers ' representatives proposed, should convene villagers ' representatives.

The villagers ' representatives has more than two-thirds members to attend the Conference to be held, the decision shall be subject to consent by a majority of the staff present.

27th villagers can develop and modify regulations of villagers ' autonomy, discriminated, and reported to the people's Governments of townships, nationality townships, and towns for the record.

Villager autonomy Charter, decisions of village regulations and the villagers ' meetings or villagers ' representative meetings not pertaining to the Constitution, the laws, regulations and national policies conflict, there shall be no violation of the villagers of personal rights, democratic and lawful property rights.

Villager autonomy statute, rule, as well as village meetings or villagers ' representatives decided to violate the provisions of the preceding paragraph, by the people's Governments of townships, nationality townships and towns shall be ordered to correct.

28th meeting of the convening of the villager group, should have the villagers of this village groups over 18 years old two-thirds, or two-thirds per cent of households in this village group of representatives, the decision shall be subject to consent by a majority of the staff present. Villager team leader chosen by the village group meetings.

Villager group term and mandate of the villagers ' Committee of the same, shall be eligible for re-election.

Collectively-owned land belonging to the village groups, enterprises and property management and other matters of public interest, and group meetings in accordance with the provisions of the relevant laws by villagers for discussion and decision, decision and implementation shall be promptly announced to the villagers of this village group.

Fifth chapter, democratic management and democratic supervision

Article 29th village Committee should carry out the majority of democratic decision-making mechanism and the principle of open and transparent work, establish and improve the system.

Article 30th villagers ' committees to implement system of making village affairs public.

A villagers ' Committee shall promptly publish the following matters, and accept the supervision of villagers:

(A) set forth in this law 23rd, 24th by the villagers, village representatives to discuss matters of decision and its implementation;

(B) implementation of the national family planning policy;

(C) the Government allocated and accepted social donation to disaster relief assistance and subsidies grants use of financial, material management;

(D) the villagers ' committees assist the work of the people's Government;

(E) involving the interests of the villagers, the villagers other matters of general interest.

In the matters prescribed in the preceding paragraph, general matters at least once a quarter; more collective financial transactions, financial income and expenses should be published on a monthly basis; major issues involving the interests of the villagers should be made public at any time.

A villagers ' Committee shall ensure the authenticity of the disclosures, and accepts query for the villagers.

Article 31st villagers ' committees are not released in a timely manner should be released or published untrue, villagers have the right to a township, nationality township or town Governments or county-level people's Governments and their competent authorities, Governments or departments shall be responsible for investigating and verifying, ordered released by law; by to check if there are violations, the person concerned shall bear the responsibility. 32nd village should be the establishment of village affair supervising Committee or some other form of village affair supervising bodies, responsible for the villagers democratic financial management, supervision and implementation of the system of making village affairs public, by villagers ' meetings or villagers ' representative meetings of its members elected in the village, which should have a knowledge of accounting, management of personnel. Members of the village Committee and their near relatives may not serve as members of village affair supervising bodies.

Members of village affair supervising bodies is accountable to the villagers, and villagers ' representatives, may attend meetings of villagers ' Committee meetings. Article 33rd members of the villagers ' committees, as well as by the villagers or collective responsibility of subsidized hiring, shall be subject to the villagers ' meetings or villagers ' representative meetings for democratic appraisal of its duties.

Democratic appraisal at least once a year, chaired by the village affairs oversight bodies.

Twice in a row was a member of the village Committee deliberation, incompetent, and the termination of their functions. Article 34th village Committee and village affairs oversight bodies should establish archives of village affairs. Village affairs files including: election documents and ballot papers, meeting minutes, land developer programme and contracts, economic contracts, collective financial accounts, collective asset register and public welfare facilities basic information infrastructure information, land use programme, land acquisition and compensation for use and distribution.

Village archives shall be true, accurate and complete, standard.

35th village Committee members term of Office and departure of economic responsibility auditing, audits include the following:

(A) financial income and expenses in the village;

(B) the debt situation in the village;

(C) the Government and receive social donations, funding, management and use;

(D) production and construction project in the village of contract management construction project tendering and public welfare;

(E) capital management in the village and the village collective assets, contract, lease, pledge, transfer of resources, the use and distribution of land acquisition compensation;

(Vi) the village one-fifth above request audits of other matters.

Economic responsibility audit in term of Office and departure of the members of the village Committee, by the people's Governments at the county level of the agricultural sector, the financial sector or the people's Governments of townships, nationality townships, and towns are responsible for organization, audit results shall be published, in which the outgoing economic responsibility audit results should be announced in advance of the next election of the villagers ' Committee.

Article 36th members of villagers ' committees and villagers committees decision against villagers ' legitimate rights and interests, aggrieved villagers may apply to the Court to revoke, the person responsible shall bear legal liability.

Villagers ' committees are not in accordance with the provisions of laws and regulations to comply with a statutory obligation, by the people's Governments of townships, nationality townships and towns shall be ordered to correct.

Townships, nationality townships, and towns belonging to villager's autonomy according to law of the people's Government intervention, the upper-level people's Governments shall be ordered to correct.

The sixth chapter supplementary articles

37th people's Governments for villagers ' committees assist the Government in its work should be to provide the necessary conditions; the departments concerned under the commissioned work requirements of the village Committee, assumed by the client department.

Requirements for village Committee of the village welfare, settled by the villagers through financing to raise labor funds is difficult, given appropriate support by local people's Governments.

Article 38th organ, based in rural organizations and armed forces, State-owned and State-holding enterprises and institutions and their staff not to participate in the organic, but it should be through a variety of forms of participation in the construction of rural community, and to comply with the rule.

Villagers ' committees and villagers ' meetings or villagers ' representative meetings to discuss decisions and matters related to the units in the preceding paragraph shall be consulted.

39th local people's congresses and local people's congresses at or above the county level in the administrative area of the Standing Committee to ensure the implementation of this law, protect the villagers exercise their right to self-determination in accordance with law.

40th of provinces, autonomous regions and municipalities directly under the Standing Committee of the national people's Congress in accordance with this law, according to the administrative situation, formulate measures for its implementation. 41st article this law come into force on the date of promulgation.