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Organic Law of the Villagers' Committee of the People's Republic of China (Amended on December 29, 2018)

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(Adopted at the Fifth Meeting of the Standing Committee of the Ninth National People's Congress on November 4, 1998. Revised at the Seventeenth Meeting of the Standing Committee of the Eleventh National People's Congress on October 28, 2010. Revised based on December 29, 2018. (Amendment of the Decision of the "Organization Law of the Villagers' Committee of the People's Republic of China" and the "Organization Law of the Urban Residents Committee of the People's Republic of China" of the Standing Committee of the 13th National People's Congress)

table of Contents

Chapter I General Provisions

Chapter II Composition and Duties of Village Committees

Chapter III Elections of Village Committees

Chapter IV Villagers 'Meeting and Villagers' Representative Meeting

Chapter V Democratic Management and Democratic Supervision

Chapter VI Supplementary Provisions

Chapter I General Provisions

Article 1 In order to ensure the autonomy of rural villagers, the villagers shall handle their own affairs in accordance with the law, develop rural grassroots democracy, safeguard the legitimate rights and interests of villagers, and promote the construction of a new socialist countryside. This law is formulated in accordance with the Constitution.

Article 2. The villagers' committee is a grassroots mass autonomous organization for self-management, self-education and self-service of the villagers. It implements democratic elections, democratic decision-making, democratic management and democratic supervision.

The villagers 'committee handles the village's public affairs and public welfare undertakings, mediates civil disputes, assists in maintaining public order, and reflects the villagers' opinions, requirements and suggestions to the people's government.

The villagers' committee reports to the villagers' meetings and villagers' representative meetings.

Article 3. The villagers' committee shall be established according to the living conditions of the villagers and the population, in accordance with the principles of facilitating the autonomy of the masses and beneficial to economic development and social management.

The establishment, revocation, and scope adjustment of villagers 'committees are proposed by the people's governments of townships, ethnic townships, and towns, and discussed and agreed by the villagers' meeting, and submitted to the county-level people's government for approval.

The villagers 'committee can set up several villager groups according to the villagers' living conditions and collective land ownership relations.

Article 4: The grass-roots organizations of the Communist Party of China work in accordance with the Constitution of the Communist Party of China, give play to the core role of leadership, and lead and support villagers' committees to exercise their functions and powers; in accordance with the Constitution and laws, support and guarantee villagers to carry out autonomous activities and directly exercise democratic rights.

Article 5. The people's governments of the townships, ethnic townships and towns provide guidance, support and assistance to the work of villagers' committees, but shall not interfere in matters that fall within the scope of villager autonomy according to law.

Villagers' committees assist the people's governments of townships, ethnic townships, and towns in their work.

Chapter II Composition and Duties of Village Committees

Article 6: The village committee is composed of three to seven directors, deputy directors and members.

The members of the villagers' committee shall be women members, and the villages where multi-ethnic villagers live shall have members of a smaller number of ethnic groups.

Appropriate subsidies will be given to the members of the villagers' committee according to the work situation.

Article 7: The Villagers' Committee shall set up committees for people's mediation, public security, public health and family planning as needed. Villagers' committee members can also serve as members of subordinate committees. Villagers 'committees in villages with small populations may not have subordinate committees, and members of villagers' committees are responsible for people's mediation, public security, public health, and family planning.

Article 8: The villagers' committee shall support and organize villagers to develop various forms of cooperative economy and other economies in accordance with the law, undertake the services and coordination of production in the village, and promote rural production construction and economic development.

The villagers' committee shall, in accordance with the law, manage the land and other property owned by the village collectively owned by the villagers, guide the villagers to use natural resources reasonably, and protect and improve the ecological environment.

Villagers' committees shall respect and support the autonomy of collective economic organizations to independently conduct economic activities in accordance with the law, maintain a two-tier management system based on family contracting operations and integrate the sub-divisions, and ensure that collective economic organizations and villagers, contracted operators, joint households, or partnerships Legal property rights and other legal rights.

Article 9 The villagers' committee shall publicize the Constitution, laws, regulations and national policies, educate and promote villagers to fulfill their obligations under the law, take care of public property, safeguard the legitimate rights and interests of villagers, develop culture and education, popularize scientific and technological knowledge, and promote equality between men and women. Do a good job in family planning, promote unity and mutual assistance between villages, and carry out various forms of socialist spiritual civilization construction activities.

Villagers' committees shall support service-oriented, non-profit-oriented and mutual-assistance social organizations to carry out activities in accordance with the law and promote the construction of rural communities.

In villages where multi-ethnic villagers live, villagers' committees should educate and guide villagers of all ethnic groups to promote unity, mutual respect, and help.

Article 10 The villagers 'committee and its members shall abide by the Constitution, laws, regulations, and national policies, observe and organize the implementation of the villagers' self-government charter, village regulations and covenants, implement the decisions and resolutions of the villagers 'meetings and villagers' representative meetings, handle affairs impartially, and be honest and honest. , Enthusiastically serve the villagers and accept the supervision of the villagers.

Chapter III Elections of Village Committees

Article 11 The director, deputy director and members of the village committee shall be directly elected by the villagers. No organization or individual may designate, appoint or replace members of the villagers committee.

The term of each term of the villagers committee is five years. At the expiration of the term, the general elections shall be held. The members of the village committee can be re-elected.

Article 12 The election of the village committee shall be presided over by the village election committee.

The villagers 'election committee is composed of directors and members, and is elected by the villagers' meeting, the villagers 'representative meeting or the villagers' group meetings.

A member of the village election committee is nominated as a candidate for a village committee, and he shall withdraw from the village election committee.

If members of the village election committee quit the village election committee or are vacant for other reasons, they will be replenished in accordance with the original election results, or they may be elected again.

Article 13 Villagers who have reached the age of eighteen have the right to vote and be elected regardless of ethnicity, race, gender, occupation, family origin, religious beliefs, education level, property status, and length of residence; however, they are deprived according to law Except for political rights.

Before the village committee election, the following persons shall be registered and included in the list of villagers participating in the election:

(1) Villagers whose household registration is in the village and lives in the village;

(2) A villager whose household registration is in his village and does not live in his village;

(3) Citizens whose household registration is not in the village and has lived in the village for more than one year, who has applied for participation in the election, and has agreed to participate in the election with the villagers 'meeting or the villagers' representative meeting.

Villagers who have registered for the election in the village where their household registration is located or in the village where they live shall not be allowed to participate in the election of other local village committees.

Article 14: The list of villagers registered for election shall be announced by the Villagers Election Committee 20 days before the election day.

If there is any objection to the list of villagers registered for the election, they shall appeal to the villager election committee within five days from the date of publication of the list. The villager election committee shall make a decision within three days from the date of receipt of the appeal and announce the results of the treatment.

Article 15: For the election of villagers' committees, the villagers who have registered for the election directly nominate candidates. Villagers should nominate candidates based on the interests of all villagers, and recommend villagers who are law-abiding, good in character, fair and decent, enthusiastic in public welfare, and have a certain level of education and work ability. There should be more candidates than candidates. The villagers' election committee shall organize the candidates to meet with the villagers, and the candidates shall introduce the ideas for performing their duties and answer the questions raised by the villagers.

In the election of the villagers' committee, more than half of the villagers who registered to participate in the election voted, and the election was valid; the candidates received more than half of the votes of the villagers who participated in the election before they were elected. If the number of elected persons is insufficient, the number of candidates shall be selected separately. In other elections, those who have not been elected for the first ballot will receive more votes as candidates. Candidates will be elected on the basis of more votes, but the number of votes obtained shall not be less than one-third of the total number of votes cast.

Elections shall be conducted by secret ballot and public counting of votes, and the results of the elections shall be announced on the spot. During the election, a secret ballot office shall be established.

Villagers who have registered to participate in the election and who are unable to participate in the voting during the election period may entrust in writing their close relatives with voting rights in their village to vote for them. The village election committee shall publish the names of the clients and the trustees.

Specific electoral measures shall be prescribed by the Standing Committee of the People's Congress of the provinces, autonomous regions and municipalities.

Article 16 More than one-fifth of the villagers who have the right to vote or more than one-third of the villagers' representatives in the village may submit a request for the removal of members of the village committee and explain the reasons for the removal. The members of the villagers' committee who have been removed have the right to submit their opinions.

To dismiss members of a villagers' committee, more than half of the villagers who have registered to participate in the election must vote, and must be approved by more than half of the villagers who voted.

Article 17: Election of members of a villagers committee by improper means such as violence, threats, deception, bribery, falsification of votes, false reporting of the number of election votes, etc. shall be invalid.

Villagers have the right to submit to the people's congresses of townships, ethnic townships, and towns for acts that impede villagers from exercising their right to vote and being elected, and undermining the election of villagers' committees through unlawful means such as violence, threats, deception, bribery, falsified ballot papers, and false reporting of election votes. Reports with the people's government or the standing committee of the county-level people's congress, the people's government, and its relevant competent departments shall be investigated and handled by the township or county-level people's government in accordance with the law.

Article 18 If a member of a village committee is incapacitated or sentenced to a punishment, his duties shall be terminated by himself.

Article 19 Vacant village committee members may be vacated by the villagers 'meeting or the villagers' representative meeting. The by-election procedure shall be handled with reference to Article 15 of this Law. The term of office of the members of the villagers 'committee in the by-election ends when the term of the current villagers' committee expires.

Article 20: The village committee shall complete the transfer of work within ten days from the date of the formation of the new village committee. The transfer of work is presided over by the villagers' election committee and supervised by the people's government of the township, ethnic township, and town.

Chapter IV Villagers 'Meeting and Villagers' Representative Meeting

Article 21 The meeting of the villagers shall be composed of villagers over the age of eighteen.

Villagers' meetings are convened by village committees. More than one tenth of the villagers or more than one third of the villager's representatives suggested that a villager's meeting should be convened. When convening a village meeting, the villagers shall be notified ten days in advance.

Article 22: To hold a villagers 'meeting, more than half of the villagers above the age of eighteen, or representatives of more than two thirds of the households in the village, shall participate in the decision. The decision made by the villagers' meeting shall be adopted by more than half of the participants. Where there are other provisions in the law on the convening of villagers' meetings and decisions, such provisions shall be followed.

Villagers' meetings are held, and representatives of enterprises, institutions and mass organizations in the village may be invited to attend as required.

Article 23 The villagers' meeting considers the annual work report of the villagers' committee and evaluates the work of the members of the villagers' committee; has the right to revoke or change inappropriate decisions of the villagers' committee; has the right to revoke or change inappropriate decisions of the villagers' meetings.

The villagers' meeting may authorize the villagers' meeting to review the annual work report of the villagers' committee, review the work of the members of the villagers' committee, and revoke or change the inappropriate decisions of the villagers' committee.

Article 24 : The following matters involving the interests of villagers can only be handled after discussion and decision by the villagers' meeting:

(1) The personnel and subsidy standards of the village who enjoy the subsidy for missing work;

(2) the use of income from the village collective economy;

(3) The plan for the establishment, financing and labor raising of public welfare undertakings in the village and the construction contracting plan;

(4) Land contract management plan;

(5) Initiation and contracting plans for village collective economic projects;

(6) Use plan of the house site;

(7) Use and distribution plan of land acquisition compensation fees;

(8) Disposing of village collective property by borrowing, leasing or other means;

(9) The villagers 'meeting considers that other matters involving the interests of the villagers should be discussed and decided by the villagers' meeting.

The villagers 'meeting may authorize the villagers' meeting to discuss and decide the matters specified in the preceding paragraph.

Where the law provides otherwise for the discussion and determination of matters concerning the property and members' rights and interests of the village collective economic organization, such provisions shall be followed.

Article 25. In villages with a large number of people or scattered living, a villager representative conference may be set up to discuss and decide matters authorized by the villager conference. The villager representative conference is composed of villager committee members and villager representatives. Villager representatives shall account for more than four-fifths of the members of the villager conference and women villagers representatives shall account for more than one third of the members of the villager conference.

Village representatives are elected by the villagers from one in every five to fifteen households, or by several villager groups. The term of the village representative is the same as that of the village committee. Village representatives can be re-elected.

Villagers 'representatives shall be accountable to the nominated households or villagers' groups and accept the supervision of villagers.

Article 26: The villager representative conference shall be convened by the villager committee. Villagers' meetings are held every quarter. More than one-fifth of the villager representatives suggested that a villager representative meeting should be convened.

Only two thirds of the members of the villager representative conference can participate in the convening, and the decision should be made with the consent of more than half of the participants.

Article 27: The villagers' meeting may formulate and revise the villager's self-government charter and village agreement, and report to the people's government of the township, nationality township, or township for the record.

The decisions of the villager's self-government charter, village regulations, and villagers' meetings or villagers' representative meetings shall not conflict with the Constitution, laws, regulations and national policies, and shall not infringe the villagers' personal rights, democratic rights and legal property rights.

If the decision of the villager's self-government charter, village regulations, and villagers' meeting or villager's meeting violates the provisions of the preceding paragraph, the people's government of the township, nationality township, or town shall order correction.

Article 28 When a villager group meeting is held, more than two-thirds of the villagers above the age of eighteen, or representatives of households with more than two-thirds of the villager group, should participate in the decision. More than half agree.

The leader of the villager group is selected by the villager group meeting. The term of the leader of the villager group is the same as that of the villager committee, and they can be re-elected.

The management and management of collectively-owned land, enterprises, and other properties belonging to the villager group and the handling of public welfare matters shall be discussed and decided by the villager group meeting in accordance with relevant laws and regulations. The decision and implementation shall be announced to the villager of the villager group in a timely manner.

Chapter V Democratic Management and Democratic Supervision

Article 29: The villagers' committees shall implement democratic decision-making mechanisms that obey the majority and open and transparent working principles, and establish and improve various work systems.

Article 30: The villagers' committee implements an open village affairs system.

The villagers' committee shall promptly announce the following matters and accept the supervision of the villagers:

(1) The matters decided and discussed by the villagers 'meetings and villagers' meetings as stipulated in Articles 23 and 24 of this Law and their implementation;

(2) the implementation plan of the national family planning policy;

(3) the management and use of funds and materials allocated by the government for disaster relief, subsidies and subsidies;

(4) The situation in which the village committee assists the people's government in carrying out its work;

(5) Other matters related to the interests of the villagers and the villagers' general concern.

Among the matters stipulated in the preceding paragraph, general matters shall be announced at least quarterly; if there are many collective financial transactions, the financial revenue and expenditure shall be announced once a month; major matters involving the interests of villagers shall be announced at any time.

The villagers' committee shall ensure the authenticity of the items announced and accept the inquiries of the villagers.

Article 31 If the villagers' committee fails to publicize the items that should be announced in a timely manner or the items that are announced are not true, the villagers have the right to report to the people's government of the township, nationality township, or town, or the people's government at the county level and their competent authorities. Or the competent department shall be responsible for investigation and verification, and order it to be published in accordance with the law; if it is verified that an illegal act has been committed, the person concerned shall bear responsibility in accordance with the law.

Article 32 The village shall establish a village affairs supervision committee or other form of village affairs supervision organization, responsible for the villagers' democratic financial management and supervision of the implementation of the village affairs disclosure system. Its members are elected by the villagers' meeting or the villagers' representative conference among the villagers. There should be personnel with accounting and management knowledge. Members of the villagers' committee and their close relatives shall not be members of the village affairs supervision agency. The members of the village affairs supervision agency are responsible to the villagers' meetings and villagers' representative meetings, and may attend the villagers' committee meetings.

Article 33: Members of the villagers' committee and hired persons who are paid by the villagers or village collectives for the compensation for lost-time work shall accept democratic evaluation of the performance of their duties by the villagers' meeting or the villagers' meeting. Democratic reviews are conducted at least once a year and are chaired by the village affairs supervision agency.

If the members of the villagers' committee are evaluated for two consecutive incompetences, their duties will be terminated.

Article 34: Village committees and village affairs supervision agencies shall establish village affairs files. Village affairs files include: election documents and ballots, meeting records, land outsourcing schemes and contracting contracts, economic contracts, collective financial accounts, collective asset registration documents, basic information on public welfare facilities, basic construction information, housing site use plans, and land compensation fees. And distribution plan. Village affairs files shall be true, accurate, complete and standardized.

Article 35 The members of the Villager's Committee shall conduct an audit of the economic responsibilities of their tenure and departure. The audit shall include the following matters:

(1) Financial income and expenditure of the village;

(2) Creditor's rights and debts of the village;

(3) the management and use of funds and materials allocated and accepted by the government;

(4) The contract management of the production and operation and construction projects of the village, and the bidding and tendering of public welfare construction projects;

(5) The management and use of the village's funds and the contracting, leasing, guarantee, and transfer of collective assets and resources of the village, and the use and distribution of land acquisition compensation fees;

(6) Other matters requiring auditing by more than one fifth of the villagers.

The audit of the economic responsibilities of the members of the villagers' committees and their departure shall be organized by the agricultural department, financial department of the county-level people ’s government, or the people ’s government of the township, ethnic township, or town. The audit results shall be announced. It was announced before the election of the village committee.

Article 36 If a decision made by a villager's committee or a member of a villager's committee violates the legitimate rights and interests of the villager, the injured villager may apply to the people's court for revocation, and the person responsible shall bear legal responsibility according to law.

If the villagers' committee fails to perform its legal obligations in accordance with the laws and regulations, the people's government of the township, nationality township, or town shall order correction.

Where the people's government of a township, nationality township or town interferes with matters that fall within the scope of villager autonomy according to law, the people's government at the next higher level shall order correction.

Chapter VI Supplementary Provisions

Article 37: The people's government shall provide necessary conditions for the villagers 'committee to assist the government in carrying out its work; if the relevant departments of the people's government entrust the villagers' committee to carry out the work, funds shall be borne by the entrusted department.

The funds required by the villagers 'committee for the public welfare undertakings of the village shall be resolved by the villagers' meeting through fund-raising and labor-raising; if the funding is really difficult, the local people's government shall give appropriate support.

Article 38: Institutions, groups, troops, state-owned and state-holding enterprises, institutions and their personnel stationed in rural areas shall not participate in the organization of village committees, but shall participate in the construction of rural communities through various forms and abide by the relevant village regulations.

Villagers 'committees, villagers' meetings, or villagers 'representatives' meetings shall discuss with them the matters related to the units specified in the preceding paragraph and shall consult them.

Article 39 (1) The local people's congresses at various levels and the standing committees of the local people's congresses at or above the county level shall guarantee the implementation of this law within their administrative areas and guarantee the villagers to exercise their right of autonomy in accordance with the law.

Article 40 The Standing Committee of the People's Congress of Luan Province, Autonomous Region and Municipality shall, in accordance with this Law, take into account the actual conditions of its administrative region and formulate implementation measures.

Article 41: This Law shall enter into force on the date of promulgation.


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