REGIONAL NATIONAL AUTONOMY
(Effective Date:1984.10.01–Ineffective Date:)
LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON REGIONAL NATIONAL AUTONOMY (Adopted at the Second Session of the Sixth National People’s Congress, promulgated by Order No.13 of the President of the People’s
CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II ESTABLISHMENT OF NATIONAL AUTONOMOUS AREAS AND THE STRUCTURE OF THE ORGANS OF SELF-GOVERNMENT
CHAPTER III THE POWER OF AUTONOMY OF THE ORGANS OF SELF-GOVERNMENT
CHAPTER IV THE PEOPLE’S COURTS AND PEOPLE’S PROCURATORATES OF NATIONAL AUTONOMOUS AREAS
CHAPTER V RELATIONS AMONG NATIONALITIES WITHIN A NATIONAL AUTONOMOUS AREA
CHAPTER VI LEADERSHIP AND ASSISTANCE FROM STATE ORGANS AT HIGHER LEVELS
CHAPTER VII SUPPLEMENTARY PROVISIONS
PREFACE The People’s Republic of China is a unitary multinational state created jointly by the people of all its nationalities. Regional national Regional national autonomy means that the minority nationalities, under unified state leadership, practise regional autonomy in areas Regional national autonomy has played an enormous role in giving full play to the initiative of all nationalities as masters of the It has been proven by practice that adherence to regional national autonomy requires that the national autonomous areas be given effective Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought, the people of various The Law of the People’s Republic of China on Regional National Autonomy is the basic law for the implementation of the system of regional
CHAPTER I GENERAL PROVISIONS Article 1. The Law of the People’s Republic of China on Regional National Autonomy is formulated in accordance with the Constitution of the Article 2. Regional autonomy shall be practised in areas where minority nationalities live in concentrated communities. National autonomous areas shall be classified into autonomous regions, autonomous prefectures and autonomous counties. All national autonomous areas are integral parts of the People’s Republic of China. Article 3. Organs of self-government shall be established in national autonomous areas as local organs of state power at a particular level. The organs of self-government of national autonomous areas shall apply the principle of democratic centralism. Article 4. The organs of self-government of national autonomous areas shall exercise the functions and powers of local organs of state as specified The organs of self-government of autonomous prefectures shall exercise the functions and powers of local state organs over cities Article 5. The organs of self-government of national autonomous areas must uphold the unity of the country and guarantee that the Constitution Article 6. The organs of self-government of national autonomous areas shall lead the people of the various nationalities in a concentrated effort On the principle of not contravening the Constitution and the laws, the organs of self-government of national autonomous areas shall Under the guidance of state plans and on the basis of actual conditions, the organs of self-government of national autonomous areas The organs of self-government of national autonomous areas shall inherit and carry forward the fine traditions of national cultures, Article 7. The organs of self-government of national autonomous areas shall place the interests of the state as a whole above anything else Article 8. State organs at higher levels shall guarantee the exercise of the power of autonomy by the organs of self-government of national Article 9. State organs at higher levels and the organs of self-government of national autonomous areas shall uphold and develop the socialist Article 10. The organs of self-government of national autonomous areas shall guarantee the freedom of the nationalities in these areas to use Article 11. The organs of self-government of national autonomous areas shall guarantee the freedom of religious belief to citizens of the various No state organ, public organization or individual may compel citizens to believe in, or not to believe in, any religion, nor may they The state shall protect normal religious activities. No one may make use of religion to engage in activities that disrupt public order, Religious bodies and religious affairs shall not be subject to any foreign domination.
CHAPTER II ESTABLISHMENT OF NATIONAL AUTONOMOUS AREAS AND THE STRUCTURE OF THE ORGANS OF SELF-GOVERNMENT Article 12. Autonomous areas may be established where one or more minority nationalities live in concentrated communities, in the light of local Within a national autonomous area, appropriate autonomous areas or nationality townships may be established where other minority nationalities Some residential areas and towns of the Han nationality or other nationalities may be included in a national autonomous area in consideration Article 13. With the exception of special cases, the name of a national autonomous area shall be composed of the name of the locality and the Article 14. The establishment of a national autonomous area, the delineation of its boundaries and the elements of its name shall be proposed Once defined, the boundaries of a national autonomous area may not be altered without authorization. When an alteration is found necessary, Article 15. The organs of self-government of national autonomous areas shall be the people’s congresses and people’s governments of autonomous The people’s governments of national autonomous areas shall be responsible and report on their work to the people’s congresses at The organization and work of the organs of self-government of national autonomous areas shall be specified in these areas’ regulations Article 16. In the people’s congress of a national autonomous area, in addition to the deputies from the nationality exercising regional autonomy The number and proportion of deputies to the people’s congress of a national autonomous area from the nationality exercising regional Among the chairman and vice-chairmen of the standing committee of the people’s congress of a national autonomous area shall be one 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 The people’s governments of national autonomous areas shall apply the system of giving overall responsibility to the chairman of an Article 18. The cadres in the departments under the organs of self-government of a national autonomous area should, whenever possible, be chosen
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 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 Article 21. While performing its functions, the organ of self-government of a national autonomous area shall, in accordance with the regulations Article 22. In accordance with the needs of socialist construction, the organs of self-government of national autonomous areas shall take various The organs of self-government of national autonomous areas may adopt special measures to provide preferential treatment and encouragement Article 23. When recruiting personnel, enterprises and institutions in national autonomous areas shall give priority to minority nationalities Article 24. The organs of self-government of national autonomous areas may, in accordance with the military system of the state and practical Article 25. Under the guidance of state plans, the organs of self-government of national autonomous areas shall independently arrange for and Article 26. Under the guidance of state plans, the organs of self-government of national autonomous areas shall work out the guidelines, policies Article 27. 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, the organs of self-government of national autonomous areas shall define the ownership of, and Article 28. In accordance with legal stipulations, the organs of self-government of national autonomous areas shall manage and protect the natural The organs of self-government of national autonomous areas shall protect and develop grasslands and forests and organize and encourage In accordance with legal stipulations and unified state plans, the organs of self-government of national autonomous areas may give Article 29. Under the guidance of state plans, the organs of self-government of national autonomous areas shall independently arrange local capital Article 30. The organs of self-government of national autonomous areas shall independently administer the enterprises and institutions under Article 31. The organs of self-government of national autonomous areas shall independently arrange for the use of industrial, agricultural and Article 32. In accordance with state provisions, the organs of self-government of national autonomous areas may pursue foreign economic and trade National autonomous areas adjoining foreign countries may develop border trade with the approval of the State Council. While conducting foreign economic and trade activities, the organs of self-government of the national autonomous areas shall enjoy Article 33. 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 The revenues and expenditures of national autonomous areas shall be specified by the State Council on the principle of giving preferential In accordance with stipulations concerning the state financial system, if the revenues of a national autonomous area exceeds its expenditures, A national autonomous area shall, in accordance with state stipulations, lay aside a reserve fund for expenditure in its budget. The While implementing its fiscal budget, the organ of self-government of a national autonomous area shall arrange for the use of extra Article 34. In accordance with the principles set by the state and in the light of local conditions, the organs of self-government of national Article 35. While implementing the tax laws of the state, the organs of self-government of national autonomous areas may grant tax exemptions Article 36. In accordance with the guidelines of the state on education and with the relevant stipulations of the law, the organs of self-government Article 37. The organs of self-government of national autonomous areas shall independently develop education for the nationalities by eliminating The organs of self-government of national autonomous areas may set up public primary schools and secondary schools, mainly boarding Schools where most of the students come from minority nationalities should, whenever possible, use textbooks in their own languages Article 38. The organs of self-government of national autonomous areas shall independently develop literature, art, the press, publishing, radio The organs of self-government of national autonomous areas shall collect, sort out, translate and publish books of the nationalities Article 39. The organs of self-government of national autonomous areas shall make independent decisions on local plans for developing science Article 40. The organs of self-government of national autonomous areas shall make independent decisions on plans for developing local medical The organs of self-government of national autonomous areas shall see to a more effective prevention and treatment of endemic diseases, Article 41. The organs of self-government of national autonomous areas shall independently develop sports, promote the traditional sports of Article 42. The organs of self-government of the national autonomous areas shall strive to develop exchanges and cooperation with other areas In accordance with relevant state provisions, the organs of self-government of autonomous regions and autonomous prefectures may conduct Article 43. In accordance with legal stipulations, the organs of self-government of national autonomous areas shall work out measures for control Article 44. In accordance with legal stipulations, the organs of self-government of national autonomous areas shall, in the light of local conditions, Article 45. The organs of self-government of national autonomous areas shall protect and improve the living environment and the ecological environment
CHAPTER IV THE PEOPLE’S COURTS AND PEOPLE’S PROCURATORATES OF NATIONAL AUTONOMOUS AREAS Article 46. The people’s courts and people’s procuratorates of national autonomous areas shall be responsible to the people’s congresses at corresponding The administration of justice by the people’s courts of national autonomous areas shall be supervised by the Supreme People’s Court Members of the leadership and of the staff of the people’s court and of the people’s procuratorate of a national autonomous area shall Article 47. In the prosecution and trial of cases, the people’s courts and people’s procuratorates of national autonomous areas shall use the
CHAPTER V RELATIONS AMONG NATIONALITIES WITHIN A NATIONAL AUTONOMOUS AREAS Article 48. The organ of self-government of a national autonomous area shall guarantee equal rights for the various nationalities in the area. The organ of self-government of a national autonomous area shall unite the cadres and masses of the various nationalities and give Article 49. The organ of self-government of a national autonomous area shall persuade and encourage cadres of the various nationalities to learn Awards should be given to state functionaries in national autonomous areas who can use skillfully two or more spoken or written languages Article 50. The organ of self-government of a national autonomous area shall help other minority nationalities living in concentrated communities The organ of self-government of a national autonomous area shall help the various nationalities in the area develop their economic, The organ of self-government of a national autonomous area shall give consideration to the characteristics and needs of nationalities Article 51. In dealing with special issues concerning the various nationalities within its area, the organ of self-government of a national autonomous
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