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Procedures of Shanghai Municipality on the Implementation of the Organic Law of Villagers’ Committees of the People’s Republic of China

11-24-2020

(Adopted at the 22nd Session of the Standing Committee of the 11th Shanghai Municipal People’s Congress on September 22, 2000; revised at the 35th Session of the Standing Committee of the 14th Shanghai Municipal People’s Congress on February 22, 2017; amended for the first time in accordance with Decision on Amending Some Local Rules of This Municipality adopted at the 21st Session of the Standing Committee of the 15th Shanghai Municipal People’s Congress on May 14, 2020)

 

Contents

Chapter I  General Provisions

Chapter II  Members and Duties of the Villagers’ Committee

Chapter III  Village Assembly and Village Representatives’ Conference

Chapter IV  Democratic Administration and Democratic Supervision

Chapter V  Construction of Rural Communities

Chapter VI  Guarantee of Villagers’ Autonomy

Chapter VII  Supplementary Provisions

 

Chapter I  General Provisions

 

Article 1  

These Procedures are formulated in accordance with Organic Law of Villagers’ Committees of the People’s Republic of China and in light of the actual circumstances of this Municipality.

Article 2  

Villagers’ committees are grassroots mass autonomous organizations for villagers’ self-administration, self-education, self-service and self-supervision, and exercise democratic election, democratic decision-making, democratic administration and democratic supervision.

The villagers’ committee shall be responsible to and report its work to the village assembly and the village representatives’ conference.  

Article 3  

The rural grassroots organizations of the Communist Party of China shall work according to the Constitution of the Communist Party of China, play the role of leading nucleus, and lead and support villagers’ committees to exercise their functions and power; support and ensure, according to the Constitution and laws, villagers’ autonomous activities and direct exercise of democratic rights.

Article 4

This Municipality shall establish and improve a village-level governance system with village party organizations as the core, villagers’ committees as the guide, villagers as the subjects, and village affairs supervision committees, village collective economic organizations, enterprises and public institutions stationed in the village, mass organizations and social organizations as joint participants.

Article 5  

The town/township people’s government shall guide, support and help villagers’ committees to legally carry out autonomous activities, but shall not interfere in matters that legally fall under the villagers’ autonomy, or occupy, or illegally dispose of the collective properties of a village or a villagers group.

Villagers’ committees shall assist the town/township people’s government in carrying out work.

Article 6  

The setup, cancellation, scope adjustment and name change of a villagers’ committee shall not be implemented until they have been proposed by the town/township people’s government, adopted by the village assembly through discussion, and reported to the district people’s government for approval.

A villagers’ committee may set up villagers’ groups based on the villagers’ residential places and collective land ownership. The cancellation, scope adjustment and name change of villager groups shall not be implemented until they have been proposed by the villagers’ committee, adopted by the village assembly through discussion, and reported to the town/township people’s government for approval; and if a scope adjustment of the villagers’ committee is involved, the provisions in the preceding clause shall apply.

In the case of cancellation or scope adjustment of a villagers’ committee or a villagers’ group, the collective assets of the village or the villagers’ group shall be liquidated and the ownership thereof shall be defined, and a scheme for handing the collective assets shall be formulated. The said scheme shall comply with relevant provisions of the Municipality and the district, and shall not be put into effect without the consent of both the village assembly and the village representatives’ conference through discussion and a report to the town/township people’s government for approval.

Article 7

A villagers’ committee shall respect and support the collective economic organizations of its own village to legally and independently carry out economic activities, and do well the service and coordination for the production and business operation of its own village.

Village collective economic organizations may, according to the provisions of laws, rules, regulations and their own articles of association, use their profit on a pro-rata basis for the village public affairs and public welfare undertakings.

A villagers’ committee and a collective economic organization of the corresponding village shall have their accounts separately managed.      

 

Chapter II  Members and Duties of Villagers’ Committee

 

Article 8

A villagers’ committee shall be made up of three to seven people, including a director, a deputy director, and other members, and shall be elected according to the provisions of the Procedures of Shanghai Municipality on the Election of Villagers’ Committees.

Article 9

A villagers’ committee shall set up several sub-committees as needed by such work as mediation among people, comprehensive treatment, public health and family planning, culture, sports, and protection of the rights of old people, women and children. Members of a villagers’ committee may hold a concurrent post on a subcommittee. The villagers’ committee of a village with a small number of people does not need to set up sub-committees, and members of such a committee shall divide the said work among themselves.

Article 10

A villagers’ committee shall perform the following duties:

1. publicizing and implementing the Constitution, laws, rules, regulations and state policies, establishing and perfecting various rules for villagers to carry out autonomous activities, educating and urging villagers to fulfill the obligations provided by laws, rules and regulations and to observe village autonomy articles and village rules and conventions, and maintaining the villagers’ legitimate rights and interests;    

2. convening village assemblies and village representatives’ conferences, and implementing the resolutions and decisions of the said assemblies and conferences;

3. drafting and implementing a village development plan and an annual plan, developing culture and education, popularizing knowledge of science and technology, promoting equality between men and women, doing well the family planning work, and mediating contradictions and disputes;

4. handling the public affairs and public welfare undertakings of its own village, mobilizing and organizing villagers, village-stationed enterprises and public institutions, and residents without their household registration in the village to participate in rural community construction, and supporting social organizations of service, public welfare, and mutual help to legally carry out activities;

5. educating and guiding villagers and residents without their household registration in the village to strengthen unity and to respect and help each other, and carrying out multiple forms of activities of socialist spiritual civilization construction;

6. ensuring good finance management, establishing a budget and final settlement system, and balancing income and expenditure;

7. assisting the people’s government in doing well the community public service, public administration, public security and other relevant work of its own village;

8. conveying the villagers’ opinions and demands and making proposals to the people’s government; and

9. other duties that a villagers’ committee shall perform as provided by laws, rules and regulations.

When emergency occurs, the villagers’ committee shall organize and mobilize the villagers in accordance with the decisions and requirements of the local people’s government, carry out self-aid and mutual aid, and cooperate with the people’s government to carry out emergency response work.

The district people’s government shall establish an entry/exit system for entrusting villagers’ committees with administrative affairs, and prepare a list of administrative affairs for villagers’ committees to provide assistance legally.  

Article 11

A villagers’ group shall have a group leader, who shall be selected or elected by voting at a villagers’ group meeting from among the group’s villagers with the right to elect and to be elected, and whose term is as long as that of the villagers’ committee and may be renewed by the next selection or election.

A demand for dismissing a villagers’ group leader may be made, if it is jointly signed by one third or more of villagers with the right to elect or by the representatives of one third or more of the households of a villagers’ group, and the reasons for the dismissal are stated. The dismissal of a villagers’ group leader shall not be valid unless two thirds or more of the villagers with the right to elect or one third or more of the household representatives of a villagers’ group cast their votes and more than half of the voting villagers or household representatives vote against the leader. The leader who is proposed to be dismissed has the right to make a defense.

The villagers’ group meeting for selection, election or dismissal of the villagers’ group leader shall be called by the villagers’ committee.

Article 12

A villagers’ group leader shall preside over villagers’ group meetings, execute the resolutions and decisions of such meetings, handle relevant affairs of his/her group, convey the opinions and demands of the villagers of his/her group, make proposals to the villagers’ committee, inform the groups villagers of the relevant resolutions and decisions of the villagers’ committee, assist the villagers’ committee in handling public affairs and public-welfare undertakings of his/her village, and finish the tasks assigned by the villagers’ committee.

 

Chapter III  Village Assembly and Village Representatives’ Conference

 

Article 13  

A village assembly is composed of villagers aged 18 and above of the village.

A village assembly shall be called by a villagers’ committee. It shall be called with a proposal by one tenth or more of the villagers or one third or more of the village representatives. To hold the village assembly, villagers shall be notified and the subjects for discussion and agenda shall be publicized ten days in advance.

Article 14

A village assembly shall be participated in by more than half of the villagers aged 18 and above or by one third or more of the village household representatives. A resolution and decision made at the village assembly shall not be valid unless more than half of the participants vote for it. Where laws otherwise provide for calling a village assembly and making a resolution and decision, such provisions shall prevail.

To hold a village assembly, the functional departments of the town/township people’s government, village-stationed enterprises and public institutions, mass organizations, social organizations, and residents without their household registration in the village may be invited as needed to send representatives to participate therein as non-voting members.

Article 15

The village assembly reviews the annual work report of the villagers’ committee, and evaluates the work of the villagers’ committee members; it has the right to cancel or revise the inappropriate resolutions and decisions made by the villagers’ committee or the village representatives’ conference.

The villagers’ committee shall submit the following matters involving villagers’ interests to the village assembly for discussion and decision:

1. formulating or revising village autonomy articles, or village rules and conventions;

2. selecting members of the village affairs supervision committee;

3. schemes for remuneration and subsidies for the villagers’ committee members and other workers participating in village affairs;    

4. development plans and annual plans of the village;

5. reports on the village budget, final settlement, revenue and expenditure; and

6. other matters that should be discussed and decided by the village assembly according to the village assembly or provisions of laws, rules and regulations.

Where laws, rules or regulations otherwise provide for the matters concerning village collective economic organizations’ property and the members’ rights and interests, such provisions shall prevail.

Article 16

The village assembly may authorize the village representatives’ conference to review the annual work report by the villagers’ committee, evaluate the work of the villagers’ committee members, cancel or revise the inappropriate resolutions and decisions made by the villagers’ committee, and discuss to decide matters other than formulation and revision of village autonomy articles and village rules and conventions.

The village assembly shall authorize the village representatives’ conference in the form of holding a village assembly or soliciting villagers’ opinions in writing, or defining the authorization in the village autonomy articles. Solicitation of opinions in writing shall be made from all villagers 18 years old and above or from all village household representatives, and the procedures for opinion solicitation is valid only if more than half of the villagers 18 years old and above or two thirds or more of the household representatives provide a real-name feedback to the villagers’ committee. The authorization may be granted only if more than half of the feedbacks by villagers or household representatives approve it.

Article 17

A village with a fairly large population or a scattered population may set up a village representatives’ conference. Village representatives, one for every 5 to 15 households, shall be selected by villagers, or each villagers’ group may select certain persons as representatives. The number of village representatives shall not be under 35.

Village representatives have the same office term as that of a villagers’ committee, and may be re-selected for the next term; the households or villagers’ groups that have selected a village representative, if deeming the said village representative incompetent or incapable of performing his/her duty, may replace him/her with another representative by the original selection method. No organization or individual may assign or appoint a village representative or arbitrarily substitute another one.

Village representatives shall be responsible to the households or the villagers’ group that select them and accept the villagers’ supervision, keep in close contact with the villagers, convey the resolutions and decisions of the village representatives’ conference to the villagers in a timely manner, and mobilize villagers to abide by and implement them; convey villagers’ opinions and demands and make proposals to the villagers’ committee or village representatives’ conference in time.

Article 18

The village representatives’ conference shall be made up of the villagers’ committee members and the village representatives, with the latter accounting for four fifths or more of the members of the said conference, and with women village representatives accounting for one third or more of the said conference.

The village representatives’ conference shall be called by the villagers’ committee, generally once every quarter, and may be called at any time when necessary. With a proposal made by one fifth or more of the village representatives, a village representatives’ conference shall be called. The village representatives’ conference shall not be held without an attendance of two thirds or more of the members, and the resolutions and decisions made thereat shall not be valid unless being adopted by more than half of the members of the village representatives’ conference attending the conference.

Village-stationed enterprises, public institutions, mass organizations and social organizations, and residents without their household registration in the village may be invited, if necessary, to attend a village representatives’ conference as non-voting representatives.

The villagers’ committee shall notify the village representatives and make public the subjects for discussion and the agenda ten days before the village representatives’ conference is held. The village representatives shall solicit opinions and suggestions from the villagers before the village representatives’ conference is held, and make truthful reports to the conference.

Article 19

A villagers’ group meeting shall be called by the villagers’ group leader to discuss and decide matters concerning the interests of the villagers of the group. With a proposal by one third or more of the villagers 18 years old and above or by one third or more of the household representatives of the group, a villagers’ group meeting shall be held.

A villagers’ group meeting shall be attended by two thirds or more of the villagers 18 years old or above or two thirds or more of the village household representatives, and the resolutions and decisions made thereat shall not be valid unless being adopted by more than half of the participants.

Article 20

In formulation and revision of the village autonomy articles, or village rules and conventions, villagers’ opinions shall be solicited extensively. After discussion and adoption by the village assembly, the formulation and revision shall be reported to the town/township people’s government for record.

The village autonomy articles generally include such contents as the purposes and basis of the formulation of the articles, the system of village assemblies and village representatives’ conferences, the work division among members of the villagers’ committee, work rules and subordinate work agencies of the villagers’ committee, division of the villagers’ groups, villagers’ rights and obligations, and code of conduct for village cadres and villagers.

Village rules and conventions generally stipulate such matters as villagers’ welfare, housing administration, lease administration, environment and sanitation, public security, spiritual civilization construction, and reward and punishment measures.

Article 21

Village autonomy articles, village rules and conventions, or resolutions and decisions of village assemblies or village representatives’ conferences shall not conflict with the Constitution, laws, rules, regulations or state policies, or have contents violating villagers’ personal rights, democratic rights and legitimate proprietary rights.

If village autonomy articles, village rules and conventions, or resolutions and decisions of the village assembly or the village representatives’ conference violate the provisions of the preceding clause, the town/township people’s government shall order the village to make corrections.

Villagers shall abide by laws, rules, regulations and state policies, observe village autonomy articles, and village rules and conventions, carry out the resolutions and decisions of the village assembly and village representatives’ conference, and fulfill the duties obligatory on each villager.

 

Chapter IV  Democratic Administration and Democratic Supervision

 

Article 22

The villagers’ committee shall adopt the democratic decision-making mechanism of the minority being subordinate to the majority and the working principle of openness and transparency, and establish and perfect various working rules.

Article 23

The villagers’ committee practices the system of open village affairs. Village affairs shall be made public in time, with the contents being true, complete and clear.

The villagers’ committee shall set up a fixed billboard for open village affairs at a location convenient for villagers to look at, and may also publicize the open village affairs by means such as meetings, broadcasts, videos, and the Internet.

The following village affairs shall be made public:

1. work division among members of the villagers’ committee;

2. members of the village affairs supervision committee and the situation of the village affairs supervision;

3. the annual work targets of the villagers’ committee;

4. the village’s implementation of relevant state policies;

5. the financial revenues and expenditures, budget and final settlement of the villagers’ committee, and the assets, funds and resources under its management;

6. the remuneration and subsidies of villagers’ committee members and other workers participating in village affairs;

7. the management and use of funds and materials for disaster relief or subsidies appropriated by the government or donated by society;

8. reports on the work of the villagers’ committee and the village affairs supervision committee;

9. the situation of the villagers’ committee’s assisting the people’s government in carrying out work;

10. other matters decided upon discussion by the village assembly and the village representatives' conference and the implementation thereof; and

11. other matters involving the interests of villagers of the village and matters of the villagers’ universal concern, or matters that shall be publicized as provided by laws, rules or regulations.

Among the matters provided in the preceding clause, general affairs shall be made public at least once a quarter; the financial revenues and expenditures shall be made public once a month if there is much revenue or expenditure in the collective finance, and major matters involving the villagers’ interests shall be made public whenever necessary.

The villagers’ group may set up a billboard for making public the group affairs at a location convenient for villagers of the group to look at, and shall publicize the affairs of their universal concern.

Article 24

Villagers who have any doubt about the contents of the publicized village affairs may directly inquire of the villagers’ committee or put forth opinions thereto, and may also inquire of the villagers’ committee through the village affairs supervision committee. The villagers’ committee shall answer within 15 days what it cannot answer on the spot.

With approval of the village affairs supervision committee, villagers may check relevant accounts under the guidance of professionals.

Article 25

A village shall set up a village affairs supervision committee. The said committee shall be made up of three to seven villagers selected by the village assembly or the village representatives’ conference. The committee shall adopt the principle of the minority being subordinate to the majority in making decisions.

The village affairs supervision committee shall have members with professional knowledge of accounting and management. The villagers’ committee members, the managers of village collective economic organizations and their close relatives, and village accountants shall not serve as the village affairs supervision committee members.

The village affairs supervision committee has the same term as that of the villagers’ committee; the members may be re-selected for the next term. The village affairs supervision committee shall report its work to the village assembly or the village representatives’ conference regularly every year, and accept the said assembly’s or conference’s democratic evaluation and supervision of its duty performance.

Where one fifth or more of the villagers with the right to vote or one third or more of the village representatives deem a village affairs supervision committee member incompetent or unable to perform his/her duties, they may dismiss him/her by the original selection method.

Where there is a vacancy on village affairs supervision committee, upon decision of the village assembly or the village representatives’ conference, it may be filled in the order of the number of votes won in the original selection, or a by-selection may be conducted by the original selection method.

Article 26

The village affairs supervision committee shall perform the following duties:

1. supervising the decision-making procedures for village-level major matters and the implementation of such matters;

2. supervising the implementation of the system of open village affairs;

3. supervising the implementation of the village autonomy articles and village rules and conventions;

4. supervising the duty performance, honesty and self-discipline of the villagers’ committee members;

5. supervising, inspecting and auditing the villagers’ committee’s management and use of relevant assets, funds and resources;

6. participating in formulation of the villagers’ committee’s financial management rules and supervising the implementation of these rules; and

7. other supervisory duties entrusted by the village assembly or the village representatives’ conference.

When the village supervision committee members attend relevant meetings, as non-voting representatives, such as villagers’ committee meetings and village representatives’ conferences, they shall have access to the materials relevant to the supervision, and the right to inquire about the village affairs and the villagers’ committee’s duty performance.

If any resolution or decision of the villagers’ committee contradicts the resolutions and decisions of the village assembly and the village representatives’ conference, or has major mistakes, the village affairs supervision committee shall put forth opinions on corrections. If no correction is made thereafter, the village affairs supervision committee may propose calling a village assembly or a village representatives’ conference, and the villagers’ committee shall call the assembly or the conference to discuss the matters concerned within 15 days from receiving the proposal. If the villagers’ committee fails to call the said assembly or conference, the village affairs supervision committee shall call such an assembly or conference to discuss the matters, and shall report that to the town/township people’s government for record.

Article 27

The villagers’ committee shall conscientiously accept villagers’ supervision, support the village affairs supervision committee in its lawful performance of duties, and make a timely reply to the opinions and suggestions of villagers and village affairs supervision committee.

Article 28

If the villagers’ committee and its members do any of the following acts, the villagers and the village affairs supervision committee have the right to report it to the town/township people’s government or the district people’s government and its relevant departments:

1. failing to make public the matters that shall be published or making untrue matters public;

2. failing to execute the resolutions and decisions of the village assembly or the village representatives’ conference without justifiable reasons;

3. arbitrarily making any decision on, or dealing with, matters that shall be resolved or decided by the village assembly or the village representatives’ conference; or

4. retaliating against villagers or village affairs supervision committee members.

Where villagers and the village affairs supervision committee report acts as listed in the previous clause to the town/township people’s government or the district people’s government and its relevant departments, the latter shall be responsible for investigation and verification of these acts. If these acts are proved to be true, they shall order to make them public or correct them; if any illegal act is discovered, the relevant person shall be prosecuted for liability according to law.

Article 29

The members of the villagers’ committee and the persons it hires and remunerates shall be subject to democratic evaluation by the village assembly or the village representatives’ conference about their performance of duties. The evaluation shall be made at least once a year and presided over by the village affairs supervision committee, and the result of the evaluation shall be made public to the villagers in time.

The results of the democratic evaluation shall be directly linked to the employment and remunerations of the persons subject to the evaluation. If a member of the villagers’ committee is evaluated as incompetent for two consecutive times, his/her post shall be terminated automatically; if a hired person remunerated by the villagers’ committee is evaluated as incompetent for two consecutive times, the villagers’ committee shall dismiss him/her according to law.

Article 30

The villagers’ committee and the village affairs supervision committee shall establish village affairs archives, and collect, sort, file and manage them according to the file categories. The village affairs archives shall be true, accurate, complete and standardized, and under the charge of specially-assigned persons.

Article 31

The villagers’ committee members shall be subject to in-term and end-of-the-term economic accountability audits, which include the following items:

1. the financial revenues and expenditures of the village;

2. the claims and debts of the village;

3. the management and use of funds and materials appropriated by the government and donated from society;

4. the sub-contracting management of the village construction projects and the bid invitation and submission for the village public-welfare construction projects;

5. the management and use of the village funds, the contracting, leasing, guaranteeing and remising of the village resources, and the use and allocation of  the land requisition compensations; and

6. other matters provided by laws, rules and regulations or matters that one fifth or more of the villagers 18 years old or above of the village demand to be audited.

The in-term and end-of-the-term economic accountability audits of the villagers’ committee members shall be organized by the agriculture and finance departments of the district people’s government or by the town/township people’s government, and may be entrusted to social auditing agencies. The auditing results shall be made public, and the end-of-the-term economic accountability auditing results shall be made public before the election of the next-term villagers’ committee.


Chapter V  Construction of Rural Communities

 

Article 32

The villagers’ committee shall assist the town/township people’s government in strengthening the construction of rural infrastructure, basic public service facilities, and service and management informatization platform, guide all circles of society to participate in the construction of rural communities, and establish a rural community service system combining villagers’ self-service with government public service and social public service.

Article 33

The villagers’ committee shall, centering on such matters as the village public affairs and public welfare undertakings, organize villagers, village collective economic organizations, village-stationed enterprises and public institutions, mass organizations, social organizations, residents without their household registration in the village, and other interested parties, and invite relevant government departments, to carry out various forms of democratic consultation in rural communities.

Article 34

The villagers’ committee shall strengthen the construction of rural cultural facilities, inherit the country sage culture, carry forward good public order and morals, protect the intangible cultural relics, nurture and develop the mass culture, and enrich the rural cultural life.

Article 35

The villagers’ committee shall strengthen the construction of rural living environment, advocate and cultivate the awareness of conservation, environmental protection, and ecology, mobilize the villagers and village-stationed enterprises and public institutions to carry out management and maintenance of public space, public facilities and public greenery, and push the villagers to develop a living habit, production mode and good atmosphere of caring for the environment and conserving resources.    

Article 36

The villagers’ committee shall be incorporated into the town/township comprehensive administrative grid, strengthen the coordinated interaction with the town/township administrative grid, assist the town/township people’s government in comprehensive handling of illegal acts that affect the rural order and impede public administration and public security.

Article 37

The villagers’ committee shall assist the relevant department in pushing forward the construction of rural public legal service system, and strengthen legal publicity and education in rural communities. It shall guide the villagers to respect, learn, observe and use the law, and to express their demands and resolve contradictions and disputes according to law.

The district people’s government shall strengthen the construction of demonstration villages in democratic governance by law, and promote the establishment of a legal advisor system of the villagers’ committee.

 

Chapter VI  Guarantee of Villagers’ Autonomy

 

Article 38

This Municipality shall establish a village-level organizations’ basic operation expense guarantee system combining village self-accumulation with public financial subsidies, so as to guarantee the staff’s work remuneration, village office expenses, and basic public service and administration expenses borne by the villagers’ committee. The revenues from the village collective economy is supposed to cover the village-level organizations’ basic operation expenses, and the insufficient part (if any) for such expenses shall be guaranteed by the district and town/township finance, and the district people’s government shall establish a dynamic adjustment mechanism for the guarantee standard.

Article 39

The people’s governments at all levels of this Municipality shall provide necessary working conditions and expense support and give work guidance for the villagers’ committees in their assisting the government in carrying out such work as public service, pubic administration and public security; the expenses needed by a relevant government department to entrust a villagers’ committee to carry out work shall be borne by the entrusting department.

Article 40

The municipal and district civil affairs departments and the town/township people’s governments shall strengthen education and training for villagers’ committee members, village affairs supervision committee members, villagers’ group leaders and village representatives, so as to improve their ability to perform their duties.

The town/township people’s governments shall, according to the local economic and social development level and rural per capita disposable income, and in light of the work posts and performance, put forth guiding opinions on the work remuneration scheme for villagers’ committee members.

Article 41

The Standing Committee of the Municipal People’s Congress, the district people’s congresses and their standing committees and the town/township people’s congresses shall ensure the implementation of the Organic Law of Villagers’ Committees of the People’s Republic of China and these Procedures, and ensure villagers’ lawful exercise of their autonomy rights within their respective administrative area.

Article 42

Relevant municipal and district departments such as civil affairs and agriculture departments shall properly implement the Organic Law of Villagers’ Committees of the People’s Republic of China and these Procedures under the leadership of the people’s government at the corresponding level.

Article 43

Where the villagers’ committee or any of its members violates the provisions of these Procedures and refuses to make corrections after the village affairs supervision committee has pointed that out, or where the village affairs supervision committee can’t play the role of supervision, the town/township people’s government shall order it/him/her to make corrections and issue a circular of criticism; if a crime is constituted, the wrongdoer shall be prosecuted for criminal liability according to law. If a member of the villagers’ committee receives a criminal sentence, his/her post shall be automatically terminated.

Article 44

Where a government functional department or its staff member violates the provisions of these Procedures, the people’s government at the corresponding level or the superior competent department shall educate and criticize it/him/her and order it/him/her to make corrections; if the case is serious, the wrongdoer shall be given an administrative sanction; if a crime is constituted, the wrongdoer shall be prosecuted for criminal liability according to law.

 

Chapter VII  Supplementary Provisions

 

Article 45

The provisions concerning the duties of the town/township people’s government in these Procedures apply to the sub-district offices with villages within its jurisdiction.

Article 46

These Procedures shall be effective as of May 1, 2017.