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全国人民代表大会常务委员会关于修改《中华人民共和国民族区域自治法》的决定 附:修正本 Decision of the Standing Committee of the National People

2009-03-24 法律英语 来源:互联网 作者:
f the people's congress of a province, an autonomous region or a municipality directly under the Central Government, in accordance with the principles prescribed by law, and shall be reported to the Standing Committee of the National People's Congress of the record.

  Among the chairman and rice-chairmen of the standing committee of the people's congress of a national autonomous area shall be one or more citizens of the nationality exercising regional autonomy in the area.

  Article 17 The chairman

of an autonomous region, the prefect of an autonomous prefecture or the head of an autonomous county shall be a citizen of the nationality exercising regional autonomy in the area concerned. Other posts in the people's government of an autonomous region, an autonomous prefecture or an autonomous county shall rationally be assumed by people of the nationality exercising regional autonomy and of other minority nationalities in the area concerned.

  The people's governments of national autonomous areas shall apply the system of giving overall responsibility to the chairman of an autonomous region, the prefect of an autonomous prefecture or the head of an autonomous county, who shall direct the work of the people's governments at their respective levels.

  Article 18 The cadres in the departments under the organs of self-government of a national autonomous area shall rationally be chosen from among citizens of the nationality exercising regional autonomy and of the other minority nationalities in the area.

  Chapter III

  The Power of Autonomy of the Organs of Self-Government

  Article 19 The people's congresses of national autonomous areas shall have the power to enact regulations on the exercise of autonomy and separate regulations in the light of the political, economic and cultural characteristics of the nationality or nationalities in the areas concerned. The regulations on the exercise of autonomy and separate regulations of autonomous regions shall be submitted to the Standing Committee of the National People's Congress for approval before they go into effect. The regulations on the exercise of autonomy and separate regulations of autonomous prefectures and autonomous counties shall be submitted to the standing committees of the people's congresses of provinces, autonomous regions or municipalities directly under the Central Government for approval before they go into effect, and they shall be reported to the Standing Committee of the National People's Congress and the State Council for the record.

  Article 20 If a resolution, decision, order or instruction of a State organ at a higher level does not suit the conditions in a national autonomous area, the organ of self-government of the area may either implement it with certain alterations or cease implementing it after reporting to and receiving the approval of the State organ at a higher level; the said State organ shall give a reply within 60 days from the date of receipt of the report.

  Article 21 While performing its functions, the organs of self-government of a national autonomous area shall, in accordance with the regulations on the exercise of autonomy of the area, use one or several languages commonly used in the locality; where several commonly used languages are used for the performance of such functions, the language of the nationality exercising regional autonomy may be used as the main language.

  Article 22 In accordance with the needs of socialist construction, the organs of self-government of national autonomous areas shall take various measures to train large numbers of cadres at different levels and various kinds of specialized personnel, including scientists, technicians and managerial executives, as well as skilled workers from among the local nationalities, giving full play to their roles, and shall pay attention to the training of cadres at various levels and specialized and technical personnel of various kinds from among the women of minority nationalities.

  When recruiting working staff, the organ of self-government of a national autonomous area shall give appropriate considerations to people of the nationality exercising regional autonomy and of other minority nationalities in the area.

  The organs of self-government of national autonomous areas may adopt special measures to provide preferential treatment and encouragement to specialized personnel joining in the vari

ous kinds of construction in these areas.

  Article 23 When recruiting personnel in accordance with State regulations, enterprises and institutions in national autonomous areas shall give priority to minority nationalities and may enlist them from the population of minority nationalities in rural and pastoral areas.

  Article 24 The organs of self-government of national autonomous areas may, in accordance with the military system of the State and practical local need and with the approval of the State Council, organized local public security forces for the maintenance of public order.

  Article 25 Under the guidance of State plans, the organs of self-government of national autonomous areas shall, in the light of local characteristics and needs, work out the guidelines, policies and plans for economic development and independently arrange for administer local economic development.

  Article 26 Given the prerequisite of adherence to the principles of socialism, the organs of self-government of national autonomous areas shall, in accordance with legal stipulations an in the light of the characteristics of local economic development, rationally readjust the relations of production and the economic structure, and work hard to develop the socialist market economy.

  The organs of self-government of national autonomous areas shall uphold the basic economic system, under which public ownership is the mainstay and the economic sectors under different types of ownership develop together, and encourage the development of the economic sectors under non-public ownership.

  Article 27 In accordance with legal stipulations, the organs of self-government of national autonomous areas shall define the ownership of, and the right to use, the pastures and forests within these areas.

  The organs of self-government of national autonomous areas shall protect and develop grasslands and forests and make arrangements for and encourage the planting of trees and grass. Destruction of grasslands and forests by any organization or individual by whatever means shall be prohibited. Reclamation of land from grasslands or forests by destroying grass or trees shall strictly be prohibited.

  Article 28 In accordance with legal stipulation, the organs of self-government of national autonomous areas shall manage and protect the natural resources of these areas.

  In accordance with legal stipulations and unified State plans, the organs of self-government of national autonomous areas may give priority to the rational exploitation and utilization of the natural resources that the local authorities are entitled to develop.

  Article 29 Under the guidance of State plans, the organs of self-government of national autonomous areas shall independently arrange local capital construction projects according to their financial and material resources and other specific local conditions.

  Article 30 The organs of self-government of national autonomous areas shall independently administer the enterprises and institutions under local jurisdiction.

  Article 31 In accordance with State provisions, the organs of self-government of national autonomous areas may pursue foreign economic and trade activities and may, with the approval of the State Council, open foreign trade ports.

  National autonomous areas adjoining foreign countries may develop border trade with the approval of the State Council.

  While conducting economic and trade activities with foreign countries, the national autonomous areas shall enjoy preferential treatment by the State.

  Article 32 The finance of a national autonomous area constitutes a particular level of finance and is a component of State finance.

  The organs of self-government of national autonomous areas shall have the power of autonomy in administering the finances of their areas, All revenues accruing to the national a

utonomous areas under the financial system of the State shall be managed and used by the organs of self-government of these areas on their own.

  Under the unified national financial system, a national atonement area shall enjoy preferential treatment by the financial department at a higher level through the standard financial transfer payment system exercised by the State.

  A national autonomous area shall, in accordance with State stipulations, lay aside a reserve fund for expenditure in its budget. The proportion of the reserve fund in its budget shall be higher than that in the budgets of other areas.

  While implementing its fiscal budget, the organ of self-government of a national autonomous area shall arrange for the use of extra income and savings from expenditures at its own discretion.

  Article 33 In accordance with the principles set by the State and in the light of local conditions, the organs of self-government of national autonomous areas may work out supplementary provisions and concrete procedures with regard to the standards of expenditure, the sizes of the staff and the quotas of work for their respective areas. The supplementary provisions and concrete procedures worked out by autonomous regions shall be reported to the State Council for the record; tho

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