Cap. A6

Amendment to the Constitution of the People’s Republic of China (Adopted by the First Session of the Thirteenth National People’s Congress on March 11, 2018) Editorial Notes: 1. This instrument was not given a chapter number under the Legislation Publication Ordinance (Cap. 614). An unofficial reference number, however, is assigned to this instrument in Hong Kong e-Legislation (https://www.elegislation.gov.hk) for identification purposes. This also enables users to carry out a search by reference to the unofficial reference number.2. This English translation is reproduced from the NPC website. It is for reference only. Please visit the website for the latest version. Article 32 In the seventh paragraph of the Preamble to the Constitution, “the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the Theory of Three Represents” is amended to read “the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Theory of Three Represents, the Scientific Outlook on Development and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era”; “improve the socialist legal system” is amended to read “improve socialist rule of law”; before “work hard in a spirit of self-reliance” the words “apply the new development philosophy” are inserted; and “promote coordinated material, political and cultural-ethical advancement, in order to build China into a socialist country that is prosperous, strong, democratic and culturally advanced” is amended to read “promote coordinated material, political, cultural-ethical, social and ecological advancement, in order to build China into a great modern socialist country that is prosperous, strong, democratic, culturally advanced, harmonious and beautiful, and realize the great rejuvenation of the Chinese nation.” This paragraph is accordingly amended to read: “Both the victory in China’s New Democratic Revolution and the successes in its socialist cause have been achieved by the Chinese people of all ethnic groups under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought by upholding truth, correcting errors, and surmounting many difficulties and obstacles. Our country will long remain in the primary stage of socialism. The fundamental task for our country is to concentrate on achieving socialist modernization along the road of socialism with Chinese characteristics. We the Chinese people of all ethnic groups will continue, under the leadership of the Communist Party of China and the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Theory of Three Represents, the Scientific Outlook on Development and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, to uphold the people’s democratic dictatorship, stay on the socialist road, carry out reform and opening up, steadily improve the socialist institutions, develop the socialist market economy and socialist democracy, improve socialist rule of law, apply the new development philosophy, and work hard in a spirit of self-reliance to modernize step by step the country’s industry, agriculture, national defense, and science and technology and promote coordinated material, political, cultural-ethical, social and ecological advancement, in order to build China into a great modern socialist country that is prosperous, strong, democratic, culturally advanced, harmonious and beautiful, and realize the great rejuvenation of the Chinese nation.” Article 33 In the tenth paragraph of the Preamble to the Constitution, “Through the long process of revolution and development” is amended to read “Through the long process of revolution, development and reform”; “a broad patriotic united front, including all socialist working people, people involved in building socialism, patriots who support socialism, and patriots who support China’s reunification” is amended to read “a broad patriotic united front, including all socialist working people, people involved in building socialism, patriots who support socialism, and patriots who support China’s reunification and are dedicated to the rejuvenation of the Chinese nation.” This paragraph is accordingly amended to read: “The cause of building socialism must rely on workers, peasants and intellectuals and unite all forces that can be united. Through the long process of revolution, development and reform, a broad patriotic united front has formed under the leadership of the Communist Party of China, with the participation of other political parties and people’s organizations and including all socialist working people, people involved in building socialism, patriots who support socialism, and patriots who support China’s reunification and are dedicated to the rejuvenation of the Chinese nation. This united front will continue to be consolidated and developed. The Chinese People’s Political Consultative Conference is a broadly representative organization of the united front, and has played a significant historical role. In the future, it will play an even more important role in the country’s political and social life and its friendly foreign activities, in socialist modernization and in safeguarding the unity and solidarity of the country. The system of multiparty cooperation and political consultation under the leadership of the Communist Party of China will continue and develop long into the future.” Article 34 In the eleventh paragraph of the Preamble to the Constitution, “Socialist ethnic relations of equality, unity and mutual assistance are established and will continue to be strengthened” is amended to read “Socialist ethnic relations of equality, unity, mutual assistance and harmony are established and will continue to be strengthened.” Article 35 In the twelfth paragraph of the Preamble to the Constitution, “The achievements of China’s revolution and development would have been impossible without the support of the world’s people” is amended to read “The achievements of China’s revolution, development and reform would have been impossible without the support of the world’s people”; after “China pursues an independent foreign policy, and observes the five principles of mutual respect for sovereignty and territorial integrity, mutual nonaggression, mutual noninterference in internal affairs, equality and mutual benefit, and peaceful coexistence” the words “keeps to a path of peaceful development, follows a mutually beneficial strategy of opening up,” are inserted; and “works to develop diplomatic relations and economic and cultural exchanges with other countries” is amended to read “works to develop diplomatic relations and economic and cultural exchanges with other countries, and promotes the building of a human community with a shared future.” This paragraph is accordingly amended to read: “The achievements of China’s revolution, development and reform would have been impossible without the support of the world’s people. The future of China is closely bound up with the future of the world. China pursues an independent foreign policy, observes the five principles of mutual respect for sovereignty and territorial integrity, mutual nonaggression, mutual noninterference in internal affairs, equality and mutual benefit, and peaceful coexistence, keeps to a path of peaceful development, follows a mutually beneficial strategy of opening up, works to develop diplomatic relations and economic and cultural exchanges with other countries, and promotes the building of a human community with a shared future. China consistently opposes imperialism, hegemonism and colonialism, works to strengthen its solidarity with the people of all other countries, supports oppressed peoples and other developing countries in their just struggles to win and safeguard their independence and develop their economies, and strives to safeguard world peace and promote the cause of human progress.” Article 36 In paragraph 2 of article 1 of the Constitution, after “The socialist system is the fundamental system of the People’s Republic of China.” a new sentence is inserted to read: “Leadership by the Communist Party of China is the defining feature of socialism with Chinese characteristics.” Article 37 Paragraph 3 of article 3 of the Constitution, which reads “All administrative, adjudicatory and procuratorial organs of the state shall be created by the people’s congresses and shall be responsible to them and subject to their oversight.” is amended to read: “All administrative, supervisory, adjudicatory and procuratorial organs of the state shall be created by the people’s congresses and shall be responsible to them and subject to their oversight.” Article 38 In paragraph 1 of article 4 of the Constitution, “The State shall protect the lawful rights and interests of all ethnic minorities and uphold and promote relations of equality, unity and mutual assistance among all ethnic groups.” is amended to read: “The state shall protect the lawful rights and interests of all ethnic minorities and uphold and promote relations of equality, unity, mutual assistance and harmony among all ethnic groups.” Article 39 In paragraph 2 of article 24 of the Constitution, “The state shall advocate the civic virtues of love for the motherland, for the people, for work, for science and for socialism” is amended to read: “The state shall champion core socialist values; advocate the civic virtues of love for the motherland, for the people, for work, for science and for socialism.” This paragraph is accordingly amended to read: “The state shall champion core socialist values; advocate the civic virtues of love for the motherland, for the people, for work, for science and for socialism; educate the people in patriotism and collectivism, in internationalism and communism, and in dialectical and historical materialism; and combat capitalist, feudal and other forms of decadent thought.” Article 40 In article 27 of the Constitution, a new paragraph is added as paragraph 3 to read: “State employees, when assuming office, should make a public pledge of allegiance to the Constitution in accordance with the provisions of law.” Article 41 In article 62 of the Constitution, a new item is added under “The National People’s Congress shall exercise the following functions and powers” as item 7 to read “(7) electing the chairperson of the National Commission of Supervision,” and items 7 through 15 are accordingly changed to items 8 through 16. Article 42 In article 63 of the Constitution, a new item is added under “The National People’s Congress shall have the power to remove from office the following personnel” as item 4 to read “(4) the chairperson of the National Commission of Supervision,” and items 4 and 5 are accordingly changed to items 5 and 6. Article 43 Paragraph 4 of article 65 of the Constitution, which reads “Members of the National People’s Congress Standing Committee shall not hold office in an administrative, adjudicatory or procuratorial organ of the state.” is amended to read: “Members of the National People’s Congress Standing Committee shall not hold office in an administrative, supervisory, adjudicatory or procuratorial organ of the state.” Article 44 In article 67 of the Constitution under “The National People’s Congress Standing Committee shall exercise the following functions and powers,” item 6, which reads “(6) overseeing the work of the State Council, the Central Military Commission, the Supreme People’s Court and the Supreme People’s Procuratorate,” is amended to read “(6) overseeing the work of the State Council, the Central Military Commission, the National Commission of Supervision, the Supreme People’s Court and the Supreme People’s Procuratorate”; and a new item is added as item 11 to read “(11) appointing or removing, based on recommendations by the chairperson of the National Commission of Supervision, vice chairpersons and members of the National Commission of Supervision,” and items 11 through 21 are accordingly changed to items 12 through 22. In paragraph 1 of article 70 of the Constitution, “The National People’s Congress shall establish an Ethnic Affairs Committee, a Law Committee, a Financial and Economic Committee, an Education, Science, Culture and Public Health Committee, a Foreign Affairs Committee, an Overseas Chinese Affairs Committee and such other special committees as are necessary.” is amended to read “The National People’s Congress shall establish an Ethnic Affairs Committee, a Constitution and Law Committee, a Financial and Economic Committee, an Education, Science, Culture and Public Health Committee, a Foreign Affairs Committee, an Overseas Chinese Affairs Committee and such other special committees as are necessary.” Article 45 Paragraph 3 of article 79 of the Constitution, which reads “The president and the vice president of the People’s Republic of China shall have the same term of office as that of the National People’s Congress and shall serve no more than two consecutive terms.” is amended to read: “The president and the vice president of the People’s Republic of China shall have the same term of office as that of the National People’s Congress.” Article 46 In article 89 of the Constitution under “The State Council shall exercise the following functions and powers,” item 6, which reads “(6) directing and managing economic work and urban and rural development,” is amended to read “(6) directing and managing economic work, urban and rural development and ecological conservation”; and item 8, which reads “(8) directing and managing work such as civil affairs, public security, judicial administration and supervision,” is amended to read “(8) directing and managing work such as civil affairs, public security and judicial administration.” Article 47 In article 100 of the Constitution, a new paragraph is added as paragraph 2 to read: “The people’s congresses of cities divided into districts and their standing committees may, provided there is no conflict with the Constitution, laws or administrative regulations, or with the local regulations of their province or autonomous region, formulate local regulations in accordance with the provisions of law, which shall go into force after submission to the standing committee of the people’s congress of their province or autonomous region and the receipt of approval.” Article 48 In paragraph 2 of article 101 of the Constitution, “Local people’s congresses at or above the county level shall elect, and have the power to remove from office, presidents of people’s courts and chief procurators of people’s procuratorates at their respective levels.” is amended to read: “Local people’s congresses at and above the county level shall elect, and have the power to remove from office, chairpersons of the commissions of supervision, presidents of the people’s courts and chief procurators of the people’s procuratorates at their respective levels.” Article 49 Paragraph 3 of article 103 of the Constitution, which reads “Members of the standing committee of a local people’s congress at or above the county level shall not hold office in an administrative, adjudicatory or procuratorial organ of the state,” is amended to read: “Members of the standing committee of a local people’s congress at or above the county level shall not hold office in an administrative, supervisory, adjudicatory or procuratorial organ of the state.” Article 50 In article 104 of the Constitution, “oversee the work of the people’s government, the people’s court and the people’s procuratorate at their respective level” is amended to read “oversee the work of the people’s government, the commission of supervision, the people’s court and the people’s procuratorate at their respective levels.” This article is accordingly amended to read: “The standing committees of local people’s congresses at and above the county level shall discuss and decide on major issues in all areas of work in their administrative areas; oversee the work of the people’s government, the commission of supervision, the people’s court and the people’s procuratorate at their respective levels; revoke inappropriate decisions and orders made by the people’s government at the same level; revoke inappropriate resolutions adopted by the people’s congress at the next level down; decide on the appointment or removal of employees of state organs according to the authority invested in them as prescribed by law; and, when people’s congresses at their level are out of session, remove from office and elect to fill vacancies individual deputies to the people’s congress at the next level up.” Article 51 Paragraph 1 of article 107 of the Constitution, which reads “Local people’s governments at and above the county level shall, according to the authority invested in them as prescribed by law, manage administrative work related to the economy, education, science, culture, public health, sports, urban and rural development, finance, civil affairs, public security, ethnic affairs, judicial administration, supervision, family planning, etc., within their administrative areas; and shall issue decisions and orders, appoint or remove, train, evaluate, and award or punish administrative employees,” is amended to read: “Local people’s governments at and above the county level shall, according to the authority invested in them as prescribed by law, manage administrative work related to the economy, education, science, culture, public health, sports, urban and rural development, finance, civil affairs, public security, ethnic affairs, judicial administration, family planning, etc., within their administrative areas; and shall issue decisions and orders, appoint or remove, train, evaluate, and award or punish administrative employees.” Article 52 In Chapter III of the Constitution titled “State Institutions,” a new section is added as Section 7 titled “Commissions of Supervision”; and five new articles are added as articles 123 through 127. The content is as follows: Section 7 Commissions of Supervision Article 123 Commissions of supervision of the People’s Republic of China at all levels are the supervisory organs of the state. Article 124 The People’s Republic of China shall establish a National Commission of Supervision and local commissions of supervision at all levels. A commission of supervision shall be composed of the following personnel: a chairperson, vice chairpersons, and members. The chairperson of a commission of supervision shall have the same term of office as that of the people’s congress at the same level. The chairperson of the National Commission of Supervision shall serve no more than two consecutive terms. The organization, functions and powers of the commissions of supervision shall be prescribed by law. Article 125 The National Commission of Supervision of the People’s Republic of China is the highest supervisory organ. The National Commission of Supervision shall direct the work of local commissions of supervision at all levels; commissions of supervision at higher levels shall direct the work of those at lower levels. Article 126 The National Commission of Supervision shall be responsible to the National People’s Congress and the National People’s Congress Standing Committee. Local commissions of supervision at all levels shall be responsible to the state organs of power that created them and to the commissions of supervision at the next level up. Article 127 Commissions of supervision shall, in accordance with the provisions of law, independently exercise supervisory power, and shall not be subject to interference from any administrative organ, social organization or individual. The supervisory organs, in handling cases of duty-related malfeasance or crime, shall work together with adjudicatory organs, procuratorial organs and law enforcement authorities; they shall act as a mutual check on each other. Section 7 is accordingly changed to Section 8, and articles 123 through 138 are accordingly changed to articles 128 through 143.