中华人民共和国村民委员会组织法　ORDER OF THE PRESIDENT OF THE PEOPLES REPUBLIC OF CHINA

颁布日期：19981104 　实施日期：19981104 　颁布单位：全国人民代表大会常务委员会

　　The Organic Law of the Villagers Committees of the People's Republic of China, revised and adopted by the Standing Committee of the Ninth National People's Congress of the People's Republic of China at its 5th Meeting held on November 4, 1998, is hereby promulgated and shall go into effect as of the date of promulgation.

　　Jiang Zemin

　　President of the People's Republic of China

　　November 4, 1998

　　ORGANIC LAW OF THE VILLAGERS COMMITTEES OF THE PEOPLE'S REPUBLIC OF CHINA

　　(Adopted at the 5th Meeting of the Standing Committee of the Ninth National People's Congress on November 4, 1998)

　　Article 1 This Law is enacted in accordance with the Constitution with a view to ensuring self-government by the villagers in the countryside, who will administer their own affairs according to law, developing democracy at the grassroots level in the countryside, and promoting the building of a socialist countryside which is materially and ethically advanced.

　　Article 2 The villagers committee is the primary mass organization of self-government, in which the villagers manage their own affairs, educate themselves and serve their own needs and in which election is conducted, decision adopted, administration maintained and supervision exercised by democratic means.

　　The villagers committee shall manage the public affairs and public welfare undertakings of the village, mediate disputes among the villagers, help maintain public order, and convey the villagers' opinions and demands and make suggestions to the people's government.

　　Article 3 The primary organization of the Communist Party of China in the countryside shall carry out its work in accordance with the Constitution of the Communist Party of China, playing its role as a leading nucleus; and, in accordance with the Constitution and laws, support the villagers and ensure that they carry out self-government activities and exercise their democratic rights directly.

　　Article 4 The people's government of a township, a nationality township or a town shall guide, support and help the villagers committees in their work, but may not interfere with the affairs that lawfully fall within the scope of the villagers self-government.

　　The villagers committees, on their part, shall assist the said people's government in its work.

　　Article 5 The villagers committee shall support the villagers and assist them in their efforts to set up various forms of co-operative and other economic undertakings in accordance with law, provide services and coordination for production in the village, and promote the development of rural production and construction and the socialist market economy.

　　The villagers committee shall respect the decision-making power of the collective economic organizations in conducting their economic activities independently according to law, safeguard the dual operation system characterized by the combination of centralized operation with decentralized operation on the basis of operation by households under a contract, and ensure the lawful property right and other lawful rights and interests of the collective economic organizations, villagers, households operating under a contract, associated households, and partnerships.

　　The villagers committee shall, in accordance with the provisions of laws, administer the affairs concerning the land and other property owned collectively by the peasants of the village and disseminate knowledge among the villagers about rational utilization of the natural resources and protection and improvement of the ecological environment.

　　Article 6 The villagers committee shall publicize the Constitution, laws, regulations and State policies among the villagers; help them understand the importance of performing their obligation as proscribed by law and cheris

hing public property and encourage them to do so; safeguard the villagers' lawful rights and interests; develop culture and education, and disseminate scientific and technological knowledge

　　among the villagers; promote unity and mutual assistance between villages; and carry out various forms of activities for the building of advanced socialist ethics.

　　Article 7 In a village where people from more than one ethnic group live, the villagers committee shall help the villagers understand the importance of enhancing unity, mutual respect and mutual assistance among the ethnic groups and give them guidance in this respect.

　　Article 8 The villagers committee shall be established on the basis of the residential areas of the villagers and the size of the population and on the principle of facilitating self-government by the masses.

　　The establishment or dissolution of a villagers committee or a readjustment in the area governed by it shall be proposed by the people's government of a township, a nationality township or a town and submitted to a people's government at the county level for approval after it is discussed and agreed to by a villagers assembly.

　　Article 9 A villagers committee shall be composed of three to seven members, including the chairman, the vice-chairman (vice-chairmen) and the members.

　　The members of a villagers committee shall include an appropriate number of women. In a village where people from more than one ethnic group live, they shall include a member or members from the ethnic group or groups with a smaller population. Members of a villagers committee shall not be divorced from production but may be provided with appropriate subsidies, where necessary.

　　Article 10 A villagers committee may, on the basis of the residential areas of the villagers, establish a number of villagers groups, the leaders of which shall be elected at the meetings of the groups.

　　Article 11 The chairman, vice-chairman (vice-chairmen) and members of a villagers committee shall be elected directly by the villagers. No organization or individual may designate, appoint or replace any member of a villagers committee.

　　The term of office for a villagers committee is three years; a new committee shall be elected at the expiration of the three years without delay. Members of a villagers committee may continue to hold office when reelected.

　　Article 12 Any villager who has reached the age of 18 shall have the right to elect and stand for election, regardless of his ethnic status, race, sex, occupation, family background, religious belief, education, property status and length of residence, with the exception of persons who have been deprived of political rights in accordance with law.

　　The name list of the villagers who have the right to elect and stand for election shall be made public 20 days prior to the date of election.

　　Article 13 Election of a villagers committee shall be presided over by a villagers electoral committee. Members of the electoral committee shall be elected by a villagers assembly or by all the villagers groups.

　　Article 14 For election of a villagers committee, the villagers who have the right to elect in the village shall nominate candidates directly.

　　The number of candidates shall be greater than the number of persons to be elected.

　　The election of a villagers committee shall be valid if more than half of the villagers who have the right to elect cast their votes; a candidate shall be elected only if he wins more than half of the votes cast by the villagers.

　　The election shall be by secret ballot and open vote-counting; the outcome of the election shall be announced on the spot. During election, booths shall be installed for voters to write their ballots in private.

　　Specific electoral measures shall be prescribed by the standing committees of the people's congress

es of provinces, autonomous regions and municipalities directly under the Central Government.

　　Article 15 If a person, by threatening, bribing, forging ballots or other illegitimate means, interferes with the villagers in the exercise of their rights to elect and to stand for election, thus disrupting the election of a villagers committee, the villagers shall have the right to report against him to the people's congress, the people's government of the township, nationality township or town, or to the standing committee of the people's congress and the people's government at the county level or the competent department under the latter, which shall be responsible for investigating the matter and handling it in accordance with law. If a person is elected by threatening, bribing, forging ballots or other illegitimate means, his election shall be invalid.

　　Article 16 A group of at least one-fifth of the villagers who have the right to elect in the village may propose the removal from office of members of the villagers committee. In the proposal, the reasons for the removal shall be stated. The member of the villagers committee proposed to be removed from office shall have the right to present a statement in his own defence. The villagers committee shall convene a villagers assembly without delay, at which the proposal for the removal shall be voted. The removal from office of a member of the villagers committee shall be adopted by a simple majority vote of the villagers who have the right to elect.

　　Article 17 A villagers assembly shall be composed of villagers at or above the age of 18 in a village.

　　The villagers assembly shall be convened with a simple majority participation of the villagers at or above the age of 18 or with the participation of the representatives from at least

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