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Procedures of Shanghai Municipality on the Implementation of The Organic law of Villagers' Committees of the People's Republic

Procedures of Shanghai Municipality on the Implementation of The Organic law of Villagers' Committees of the People's Republic
 
  1. (Adopted on September 22, 2000 at the 22nd Session of the Standing Committee of the 11th Shanghai Municipal People' s congress)
  2. Article 1 These Procedures are formulated in accordance with the provision under Article 29 of the Organic Law of Villagers' Committees of the People' s Republic of China.
  3.  Article 2
  4. This city' s village autonomous activities and the guarantee thereof shall follow the Organic Law of Villagers' Committees of the People' s Republic of China. Where the Law stipulates no specific provisions, these Procedures shall apply.
  5.  Article 3
  6. Villagers' committees are grassroots mass autonomous organizations for villagers' self-administration, self-education and self-service in the exercise of democratic election, democratic decision-making, democratic administration and democratic supervision.
  7.  Article 4 The rural grassroots organizations of the Communist Party of China shall work according to the Constitution of the Communist Party of China and the Working Rules of Rural Grassroots Organizations of the Communist Party of China, playing the role of leading nucleus, supporting and ensuring, according to the constitution and laws, villagers' carrying out of autonomous activities and direct exercise of democratic rights.
  8. Article 5
  9. The township/town people' s government shall guide, support and help villagers' committees and broad masses of villagers to establish and strengthen the autonomy system and carry out autonomous activities according to laws, but it shall not interfere in matters that fall under the village autonomy according to laws, and shall not occupy or dispose village collective property at its discretion. Villagers' committees shall assist the township/town people' s government in carrying out work, and may handle matters related to corresponding villages with authorization of the township/town people' s government. When entrusting villagers' committees to handle relevant matters, the township/town people' s government shall give guidance, offer necessary conditions or funds and shall, according to law, assume responsibility for the entrusted matters. Where relevant departments of the district/county people' s government really requires villagers' committees to assist in work or needs to entrust villagers' committees to handle relevant matters, in addition to the provision in the previous clause, the unified arrangement made by the township/town people' s government shall be followed.
  10. Article 6 The cancellation and scope adjustment of villagers' committees, which shall be proposed by the township/town people' s government and be accompanied with the disposition scheme of village collective assets, shall be put into effect with consent of the village assembly through discussion and after reporting to the district/county people' s government and obtaining approval therefrom. The disposition scheme of village collective assets, generally including the scope of village collective assets, the distribution subjects and disposition time limits, shall be drafted by the villagers' committee according to the disposition procedures of village collective assets and be sent to the township/town people' government for examination and verification. The disposition procedures of village collective assets shall be stipulated by the municipal people' s ernment. 
  11. Article 7 Directors, deputy directors, and members of villagers' committees shall be elected by villagers according to the provisions of the Procedures of Shanghai Municipality on the Election of Villagers' Committees. Before elections for a new term, villagers' committees shall audit village financial affairs of the current term. Directors of villagers' committees and members of villagers' committees in charge of financial affairs shall undergo "leaving the job" auditing before leaving their posts. The auditing results shall be published according to the provision under Article 17 of these Procedures.
  12. Article 8 Villagers' committees shall perform the following duties: 1. To carry out the resolutions and decisions of the village assembly and village representative conference; 2. To establish and strengthen rules and regulations for villagers to carry out autonomous activities;  3. To draft and implement the village economic and social development plan and annual plan corresponding to the township/town regional plan£» 4. To organize and develop diversified economy of its village£» 5. To educate and urge villagers to observe village autonomy articles, village rules and conventions£» 6. To standardize finance and accounting acts, to manage financial affairs of its village; 7. To properly handle the relationships with stationed units and neighbor villages; and Other duties that villagers' committees shall perform as stipulated by laws and regulations.
  13.  Article 9 Villagers' committees may set up certain villagers' groups based on the villagers' residential situation. Villagers' group leaders shall be selected from among the villagers of respective groups by villagers' group meetings, with the term as long as that of the villagers' committee and with the term permitted to be renewed by re-selection. The villagers' group leader, whose performance most villagers of the group are not satisfied with, may be altered. The villagers' group meeting for selection or alteration of villagers' group leaders shall be called by the villagers' committee. A villagers' group leader shall reflect villagers' opinions and suggestions of his/her group to the villagers' committee and relay relevant provisions set by the villagers' committee, and assist the villagers' committee in handling public affairs and public-interest undertakings of the village.
  14.  Article 10 The standard of remuneration and subsidy village leading cadres may be proposed by the township/town people' s government and be put into effect after discussion and adoption by the village assembly or the village representative conference. The standard of remuneration and subsidy of other persons engaged in village affairs shall be proposed by the villagers' committee and be put into effect after discussion and adoption by the village assembly or village representative conference.
  15. Article 11 The village assembly is composed of villagers aged 18 and above of the village. To hold the village assembly, there shall be over half of villagers aged 18 and above of the village, or representatives of over two thirds of the village' s households taking part. Any decision made shall be adopted by over half of the attendees of the assembly. The villagers' committee shall call the village assembly. It shall be called with proposal by more than one tenth of the villagers.
  16. Article 12 The villagers' committee shall submit the following matters involving villagers' interests to the village assembly for discussion and decision: 1. Village economic and social development plans and annual working plans£» 2. Reports of village financial budget, final account, and income and expense£» 3. Plans for the use of compensation for village land requisition and labor placement£» 4. Formation of village affairs supervision team members; and 5. Other matters that fall under discussion and decision by the village assembly as stipulated by laws and regulations. The village assembly may, if necessary, grant the functions and powers of the village assembly stipulated in the previous clause to the village representative conference for execution, with the exception of the functions and powers of electing or recalling villagers' committee members and of mapping out village autonomy articles, village rules and conventions. Any resolutions and decisions made by the village assembly and village representative conference, if needing cancellation or modification, shall be submitted to the village assembly or village representative conference that has made the resolutions and decisions for discussion and decision. If the resolutions and decisions made by the village representative conference or villagers' committee are not proper, the village assembly has the right to cancel or modify them.
  17.  Article 13 A village of over 200 households may call the village representative conference. Village representatives, one for every 5 to 15 households, are selected by villagers, or the villagers' groups may select certain persons as representatives. The number of village representatives shall not be under 35. Village representatives shall keep a close contact with villagers, reflect in time villagers' opinions, proposals and demands. Village representatives have the same office term as that of villagers' committee and may be re-selected for a new term; the households or villagers' groups, if considering the representative they have selected incompetent, may alter the representative. The alteration and by-selection shall follow the original selection mode. No organization or individual person can assign, appoint or arbitrarily alter village representatives.
  18.  Article 14 The village representative conference shall be called by the villagers' committee, at least once every six months. With a proposal in writing made by over one third of village representatives or by the village affairs supervision team, the village representative conference shall be called temporarily. The village representative conference discusses and decides on the matters authorized by the village assembly. The villagers' committee shall make public the subjects for discussion and the agenda, and notify village representatives five days before the village representative conference is held. The village representatives shall solicit opinions and suggestions on relevant matters from villagers before the conference is held, and report truly at the village representative conference. The village representative conference can be held only with an attendance of over two thirds of village representatives. The resolutions and decisions shall be adopted by over half of village representatives and shall not contradict the resolutions and decisions of the village assembly. The villagers' committee members and the Party branch members of the village who do not serve as village representatives attend the conference as non-voting representatives. When necessary, the village-stationed units and those who live in the village but are no villagers of the village may be invited to send representatives to attend the village representative conference as non-voting representatives.
  19. Article 15 The villagers' committee is accountable to the village assembly. The village assembly audits every year the work report of the villagers' committee, and evaluates the villagers' committee members' work. The evaluation results shall be taken as one of the standards to determine the remuneration and subsidy given to villagers' committee members. If over half of the attendees of the village assembly consider any members of the villagers' committee incompetent, they may urge the members to resign or make a recall request according to law
  20. Article 16 The villagers' committee shall organize personnel to prepare village autonomy articles, village rules and conventions. The village autonomy articles generally include the regulations governing village organization, economic management and social order, and the code of conducts. In formulation and revision of village autonomy articles, village rules and conventions, villagers' extensive opinions shall be heard. After discussion and adoption by the village assembly, the articles, rules and conventions shall be reported to the township/town people' s government for the record. If there are any contents out of compliance with the constitution, laws, regulations and State policies, the township/town people' s government shall urge the villagers' committee to submit them to the village assembly or village representative conference for revision.
  21.  Article 17 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 making public village affairs at a location convenient for villagers to have a look, and shall publicize the open village affairs by additional means such as meetings, broadcasts and open letters. The villagers' committee shall set files on open village affairs, keeping record of materials such as the publishing time and contents of village affairs, opinions of the village affairs supervision team and replies to the villagers' inquires, and shall report to the township/town people' s government for the record. The files on open village affairs shall be kept properly with the storage period not less than six years.
  22.  Article 18 The following matters of village affairs shall be made public: 1. The matters that the village assembly and village representative conference shall decide through discussion as stipulated under the provision of Article 12 of these Procedures and the implementation thereof; 2. The plan for carrying out the State family planning policies; 3. Major property, creditor' s rights and debts of the village; 4. Remuneration, subsidies and other treatment, going out for study and inspection, and the use of business entertainment expenditures of village leading cadres and other relevant personnel; 5.The taking out and pay-off of rural social old-age insurance; 6. Release of disaster relief funds and goods; 7. Funds defaulted by the collective to villagers or funds defaulted by villagers to the collective; 8.Work report of the village affairs supervision team; and 9.Other matters that are related to the villagers' interests and are extensively concerned over by the villagers. Matters that over one tenth of villagers or one third of village representatives ask to publicize shall be made public by the villagers' committee. The expenditures for going out for study and inspection, and for business entertainment, and other financial revenue and expenditure mentioned in the two previous clauses shall be made public at least once every quarter.
  23.  Article 19 The villagers' committee or village representative conference may select five to seven villagers to make up a supervision team of village affairs, whose leader is selected from among the team members. The village affairs supervision team members shall love the collective, be impartial and upright, adhere to principles and have certain capabilities of business discussion. There shall be a member with some professional knowledge of finance and accounting in the supervision team. The supervision team of village affairs has the same term as that of the villagers' committee; the members may be re-selected for a new term. If villagers are not satisfied with the work of any member of the village affairs supervision team, the village assembly or village representative conference may remove the member in the original way of selection. The villagers' committee members and other village leading cadres and their immediate family members may not serve as the village affairs supervision team members.
  24.  Article 20 The village affairs supervision team shall urge the villagers' committee to establish, strengthen and keep on improving systems on democratic decision-making, democratic administration and supervision. The supervision team shall conduct supervision over the execution of resolutions and decisions of the village assembly and village representative conference and over the publication of village affairs by the villagers' committee. The team shall collect and reflect villagers' opinions and suggestions, and urge the villagers' committee to reply in time. The supervision team leader may attend the meetings of villagers' committee as a non-voting representative. If any decision of the villagers' committee contradicts the resolutions and decisions of the village assembly and village representative conference, or has major mistakes but fails to be corrected after being pointed out, the village affairs supervision team may suggest calling the village representative conference. The villagers' committee shall, within 15 days from the proposal date, call the village representative conference to discuss the matters concerned. The village affairs supervision team shall report on its work to the village assembly or village representative conference at least once a year. The village affairs supervision team shall adopt the principle of the minority being subordinate to the majority in making decisions.
  25. Article 21 Villagers who have any doubt about the contents of the published village affairs may directly inquire of the villagers' committee or put forth opinions, and may, through the village affairs supervision team, ask the villagers' committee for an explanation as well. The villagers' committee shall answer on the spot what can be answered on the spot, and answer within 15 days what cannot be answered on the spot. With approval of the village affairs supervision team, villagers may check relevant accounts under the guidance of relevant departments or professionals.
  26. Article 22 The villagers' committee shall conscientiously accept villagers' supervision, support the village affairs supervision team in the lawful performance of duties, and make a timely and definite reply to the opinions and suggestions of villagers and village affairs supervision team.
  27.  Article 23 If the villagers' committee and its members do any of the following acts, villagers and the village affairs supervision team have the right to report to the township/town people' s government or the district/county people' s government and relevant departments: 1. Failing to make public the matters that shall be published or the matters made public are not true; 2. Failing to execute resolutions and decisions of the village assembly or village representative conference without proper reasons; 3. Arbitrarily making any decision on, or dealing with, matters that shall be resolved or decided by the village assembly or village representative conference; or 4. Retaliating against villagers or village affairs supervision team members. The township/town people' s government or the district/county people' s government and relevant departments shall be responsible for investigation and verification of the acts reported by villagers and the village affairs supervision team which are listed in the previous clause, and shall order to make public or correct what is verified through investigation; if any illegal act really exists, the party concerned shall hold liability according to laws.
  28. Article 24 Villagers shall abide by laws, regulations and State policies, observe village autonomy articles, village rules and conventions, carry out resolutions and decisions of the village assembly and village representative conference and perform the duties obligatory on each villager. In the exercise of their rights, villagers shall not jeopardize the State and collective interests and the lawful rights and interests of other organizations and citizens.
  29.  Article 25 The municipal, district and county people' s congresses and their standing committees and the township/town people' s congress 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 autonomy rights within their respective administrative areas.
  30.  Article 26 Relevant departments such as civil affairs department of the people' s governments at various levels shall do a good job in the work concerning the implementation of 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.
  31. Article 27 These Procedures shall become effective on January 1, 2001.


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