(Adopted at the Second Session of the Fifth National People’s Congress on July 1, 1979, promulgated by Order No.2
of the Chairman of the Standing Committee of the National People’s Congress on July 4, 1979 and effective as of January 1, 1980;
amended for the first time in accordance with the Resolution on the Revision of Certain Provisions in the Electoral Law of the National
People’s Congress and Local People’s Congresses of the People’s Republic of China, adopted at the Fifth Session of the Fifth National
People’s Congress on December 10, 1982; amended for the second time in accordance with the Decision on the Revision of the Electoral
Law of the National People’s Congress and Local People’s Congresses of the People’s Republic of China, adopted at the 18th Meeting
of the Standing Committee of the Sixth National People’s Congress on December 2, 1986; amended for the third time in accordance with
the Decision Regarding Revision of the Electoral Law of the National People’s Congress and Local People’s Congresses of the People’s
Republic of China, adopted at the 12th Meeting of the Standing Committee of the Eighth National People’s Congress on February 28,
1995; amended for the fourth time in accordance with the Decision on Amending the Electoral Law of the National People’s Congress
and Local People’s Congresses of the People’s Republic of China adopted at the 12th Meeting of the Standing Committee of the Tenth
National People’s Congress on October 27, 2004)
Contents
Chapter I General Provisions
Chapter II Number of Deputies to the Local People’s Congresses at Various Levels
Chapter III Number of Deputies to the National People’s Congress
Chapter IV Elections Among Minority Nationalities
Chapter V Zoning of Electoral Districts
Chapter VI Registration of Voters
Chapter VII Nomination of Candidates for Deputies
Chapter VIII Election Procedure
Chapter IX Supervision, Recall and By-Elections Held to Fill Vacancies
Chapter X Sanctions Against Disruption of Elections
Chapter XI Supplementary Provisions
Chapter I
General Provisions
Article 1 The Electoral Law of the National People’s Congress and Local People’s Congresses is formulated in accordance with
the Constitution of the People’s Republic of China.
Article 2 Deputies to the National People’s Congress and to the people’s congresses of provinces, autonomous regions, municipalities
directly under the Central Government, cities divided into districts, and autonomous prefectures shall be elected by the people’s
congresses at the next lower level.
Deputies to the people’s congresses of cities not divided into districts, municipal districts, counties, autonomous counties, townships,
nationality townships, and towns shall be elected directly by their constituencies.
Article 3 All citizens of the People’s Republic of China who have reached the age of 18 shall have the right to vote and stand
for election, regardless of ethnic status, race, sex, occupation, family background, religious belief, education, property status
or length of residence.
Persons who have been deprived of political rights according to law shall not have the right to vote and stand for election.
Article 4 Each voter shall have the right to vote only once in an election.
Article 5 Elections shall be conducted separately in the People’s Liberation Army, and the procedures for such elections shall
be formulated separately.
Article 6 Among deputies to the National People’s Congress and local people’s congresses at various levels, there shall be
an appropriate number of women deputies, and the proportion thereof shall be raised gradually.
The National People’s Congress and the local people’s congresses of the areas with a relatively large number of returned overseas
Chinese shall have an appropriate number of deputies who are returned overseas Chinese.
Citizens of the People’s Republic of China who reside abroad but who are in China during the election of deputies to people’s congresses
at or below the county level may take part in such elections conducted in their ancestral home town or place of domicile before they
went abroad.
Article 7 The Standing Committee of the National People’s Congress shall conduct the election of deputies to the National People’s
Congress. The standing committees of the people’s congresses of provinces, autonomous regions, municipalities directly under the
Central Government, cities divided into districts, and autonomous prefectures shall conduct the elections of deputies to the people’s
congresses at the corresponding levels.
In cities divided into districts, municipal districts, counties, autonomous counties, townships, nationality townships, and towns,
election committees shall be established to conduct the election of deputies to the people’s congresses at the corresponding levels.
The election committees of cities not divided into districts, municipal districts, counties and autonomous counties shall be under
the leadership of the standing committees of the people’s congresses at the corresponding levels. The election committees of townships,
nationality townships, and towns shall be under the leadership of the standing committees of the people’s congresses of cities not
divided into districts, municipal districts, counties and autonomous counties.
The standing committees of the people’s congresses of provinces, autonomous regions, municipalities directly under the Central Government,
cities divided into districts, and autonomous prefectures shall direct the work of electing deputies to the people’s congresses at
or below the county level in their administrative areas.
Article 8 Election funds for the National People’s Congress and the local people’s congresses at various levels shall be disbursed
by the State Treasury.
Chapter II
Number of Deputies to the Local People’s Congresses at Various Levels
Article 9 The number of deputies to the local people’s congresses at various levels shall be determined in accordance with
the following provisions:
(1) The base number of deputies to the people’s congress of a province, an autonomous region, or a municipality directly under the
Central Government is 350. For a province or an autonomous region, one more deputy may be added for every one hundred fifty thousand
people, and for a municipality directly under the Central Government, one more deputy may be added for every twenty-five thousand
people, however, the total number of its deputies shall not exceed 1,000.
(2) The base number of deputies to the people’s congresses of a city divided into districts or an autonomous prefecture is 240. One
more deputy may be determined for every twenty-five thousand people; however, if the population of the city or autonomous prefecture
exceeds ten million, the total number of its deputies shall not exceed 650;
(3) The base number of deputies to the people’s congresses of a county, an autonomous county, a city not divided into districts or
a municipal district is 120. One more deputy may be added for every five thousand people; however, if the population there exceeds
one million six hundred fifty thousand, the total number of deputies shall not exceed 450; if the population is less than fifty thousand
people, the total number of deputies may be less than 120;
(4) The base number of deputies to the people’s congress of a township, a nationality township or a town is 40. One more deputy may
be added for every one thousand five hundred people; however, if the population of a township or a nationality township exceeds ninety
thousand, the total number of its deputies shall not exceed 100; if the population of a town exceeds one hundred thirty thousand,
its total number of its deputies shall not exceed 130; if the population of a township, a nationality township or a town is less
than two thousand, the total number of its deputies may be less than 40.
The base number of deputies to a local people’s congress plus the number of deputies added according to the size of the local population
as stipulated in the preceding paragraph shall be the total number of deputies to the local people’s congress.
The number of deputies to the people’s congresses of an autonomous region or a province where many minority nationalities live in
concentrated community may, upon decision of the Standing Committee of the National People’s Congress, be added by five percent.
The number of deputies to the people’s congress of a county, an autonomous county, a township or a nationality township where many
minority nationalities live in concentrated communities or people live in scattered groups may, upon decision of the standing committee
of the people’s congress of a province, an autonomous region, or a municipality directly under the Central Government, be added by
five percent of the total.
Article 10 The specific number of deputies to the people’s congress of a province, an autonomous region, or a municipality
directly under the Central Government shall be determined by the Standing Committee of the National People’s Congress according to
this Law. The specific number of deputies to the people’s congress of a city divided into districts, an autonomous prefecture, or
a county shall be determined by the standing committee of the people’s congress of a province, an autonomous region, or a municipality
directly under the Central Government according to this Law and reported to the Standing Committee of the National People’s Congress
for the record. The specific number of deputies to the people’s congress at the township level shall be determined by the Standing
Committee of the people’s congress at the county level according to this Law and reported to the standing committee of the people’s
congress at the next higher level for the record.
Article 11 Once the total number of deputies to a local people’s congress at any level is determined, it shall no longer be
changed. If the size of the population is changed considerably due to the change of the division in the administrative regions or
the construction of major projects or other reasons, the total number of deputies to the people’s congress at the corresponding level
shall be re-determined according to this Law.
Article 12 The number of deputies to the people’s congresses of autonomous prefectures, counties and autonomous counties shall
be allocated by the standing committees of the people’s congresses at the corresponding levels, in accordance with the principle
that the number of people represented by each rural deputy is four times the number of people represented by each town deputy. Townships,
nationality townships, and towns with exceptionally small populations shall have at least one deputy in the people’s congresses of
their respective counties and autonomous counties.
In the administrative areas of counties or autonomous counties which have towns with exceptionally large populations, or have enterprises
and institutions not under the leadership of the people’s governments at or below the county level whose workers and staff account
for a relatively large portion of the county’s total population, the ratio between the number of people represented by a rural deputy
and the number of people represented by a town deputy or a deputy of an enterprise or institution may, upon a decision made by the
standing committee of the people’s congress of the province, autonomous region, or municipality directly under the Central Government,
be smaller than four to one, even to the extent of one to one.
Article 13 In municipalities directly under the Central Government, cities and municipal districts, the number of people represented
by a rural deputy shall be greater than the number of people represented by an urban deputy.
Article 14 The number of deputies to the people’s congresses of provinces or autonomous regions shall be allocated by the standing
committees of the people’s congresses at the corresponding levels, in accordance with the principle that the number of people represented
by each rural deputy is four times the number of people represented by each urban deputy.
Chapter III
Number of Deputies to the National People’s Congress
Article 15 Deputies to the National People’s Congress shall be elected by the people’s congresses of the provinces, autonomous
regions, and municipalities directly under the Central Government and by the People’s Liberation Army.
The number of deputies to the National People’s Congress shall not exceed 3,000. The allocation of the number of deputies shall be
decided by the Standing Committee of the National People’s Congress in accordance with existing conditions.
The number of deputies to the National People’s Congress to be elected by the Hong Kong Special Administrative Region and the Macao
Special Administrative Region and the methods for their elections shall be prescribed separately by the National People’s Congress.
Article 16 The number of deputies to the National People’s Congress to be elected by the provinces, autonomous regions, and
municipalities directly under the Central Government shall be allocated by the Standing Committee of the National People’s Congress
in accordance with the principle that the number of people represented by each rural deputy is four times the number of people represented
by each urban deputy.
Article 17 The number of deputies to the National People’s Congress to be elected by minority nationalities shall
be allocated by the Standing Committee of the National People’s Congress, in the light of the population and distribution of each
minority nationality, to the people’s congresses of the various provinces, autonomous regions, and municipalities directly under
the Central Government, which shall elect them accordingly. Nationalities with exceptionally small populations shall each have at
least one deputy.
Chapter IV
Elections Among Minority Nationalities
Article 18 In areas where minority nationalities live in concentrated communities, each minority nationality shall have its
deputy or deputies sit in the local people’s congress.
Where the total population of a minority nationality in such an area exceeds 30 percent of the total local population, the number
of people represented by each deputy of that minority nationality shall be equal to the number of people represented by each of the
other deputies to the local people’s congress.
Where the total population of a minority nationality in such an area is less than 15 percent of the total local population, the number
of people represented by each deputy of that minority nationality may be appropriately smaller, but shall not be less than half the
number of people represented by each of the other deputies to the local people’s congress. In autonomous counties where the population
of the minority nationality practising regional autonomy is exceptionally small, the number of people represented by each deputy
of this minority nationality may, upon a decision made by the standing committee of the people’s congress of the province or autonomous
region, be less than half the number of people represented by each of the other deputies. Other nationalities with exceptionally
small populations living in concentrated communities shall each have at least one deputy.
Where the total population of a minority nationality in such an area accounts for not less than 15 percent and not more than 30 percent
of the total local population, the number of people represented by each deputy of that minority nationality may be appropriately
smaller than the number of people represented by each of the other deputies to the local people’s congress, but the allocated number
of deputies to be elected by that minority nationality shall not exceed 30 percent of the total number of deputies.
Article 19 In autonomous regions, autonomous prefectures and autonomous counties, and in townships, nationality townships,
and towns where a certain minority nationality lives in a concentrated community, the provisions of Article 18 of this Law shall
be applicable to the election to the local people’s congresses of deputies of other minority nationalities and the Han nationality
also living in concentrated communities in such areas.
Article 20 With respect to minority nationalities living in scattered groups, the number of people represented by each of their
deputies to the local people’s congresses may be less than the number of people represented by each of the other deputies to such
congresses.
In autonomous regions, autonomous prefectures and autonomous counties, and in townships, nationality townships, and towns where a
certain minority nationality lives in a concentrated community, the provisions of the preceding paragraph shall be applicable to
the election to the local people’s congresses of deputies of other minority nationalities and the Han nationality living in scattered
groups in such areas.
Article 21 In cities not divided into districts, municipal districts, counties, townships, nationality townships, and towns
where various minority nationalities live in concentrated communities, the minority nationality electorates may vote separately or
jointly in the election of deputies to the local people’s congress, depending on the relations between the nationalities, and their
residential situation in such areas.
In autonomous counties and in townships, nationality townships, and towns where a certain minority nationality lives in a concentrated
community, the provisions of the preceding paragraph shall be applicable to the election to the respective people’s congresses of
deputies of other minority nationalities and the Han nationality living in such areas.
Article 22 The electoral documents, roll of voters, voter registration cards, list of candidates for deputies, deputies’ election
certificates and election committee seals made or published by autonomous regions, autonomous prefectures and autonomous counties
shall be in the written languages of the nationalities commonly used in the locality.
Article 23 Other matters concerning elections among minority nationalities shall be handled with reference to the provisions
of the relevant articles of this Law.
Chapter V
Zoning of Electoral Districts
Article 24 The number of deputies to the people’s congresses in cities not divided into districts, municipal districts, counties,
autonomous counties, townships, nationality townships, and towns shall be allocated to the electoral districts, and elections shall
be held in the electoral districts. The zoning of electoral districts may be decided according to the voters’ residence or on the
basis of production units, institutions and work units.
The zoning of electoral districts shall be decided on the basis of one to three deputies to be elected from each electoral district.
Article 25 The number of people represented by each deputy from an urban electoral district shall be generally the same. The
number of people represented by each deputy from a rural electoral district shall be generally the same.
Chapter VI
Registration of Voters
Article 26 The registration of voters shall be conducted on the basis of electoral districts, and the voters’ qualifications
confirmed through registration shall have long-term validity. Prior to each election, voters who have reached the age of 18 since
the last registration of voters or who have had their political rights restored after a period of deprivation of political rights
has expired, shall be registered. Voters who have moved out of the electoral districts where they originally registered shall be
included in the roll of voters in the electoral districts to which they have newly moved; those who are deceased or have been deprived
of political rights according to law shall be removed from the roll.
Citizens who suffer from mental illness and are incapable of exercising their electoral rights shall, upon determination by the election
committee, not be included in the roll of voters.
Article 27 The roll of voters shall be made public 20 days prior to the date of election. and voter registration cards shall
be issued. Where voters take part in elections and cast their votes on the strength of their voter registration cards, they
shall be issued voter registration cards.
Article 28 Anyone who has an objection to the roll of voters may appeal to the election committee. The election committee shall
make a decision on the appeal within three days. If the appellant is not satisfied with the decision, he may bring a suit in the
people’s court at least five days prior to the date of election, and the people’s court shall make a judgment before the date of
election. The judgment of the people’s court shall be final.
Chapter VII
Nomination of Candidates for Deputies
Article 29 Candidates for deputies to the national and local people’s congresses shall be nominated on the basis of electoral
districts or electoral units.
Political parties and people’s organizations may either jointly or separately recommend candidates for deputies. A joint group of
at least ten voters or deputies may also recommend candidates. Those who submit recommendations shall inform the election committee
or the presidium of the congress of their candidates’ backgrounds.
Article 30 The number of candidates for deputies to the national and local people’s congresses shall be greater than the number
of deputies to be elected.
The number of candidates for deputies to be directly elected by the voters shall be from one third to 100 percent greater than the
number of deputies to be elected; the number of candidates for deputies to be elected by various local people’s congresses to the
people’s congresses at the next higher level shall be 20 to 50 percent greater than the number of deputies to be elected.
Article 31 Candidates for deputies to the people’s congresses to be directly elected by the voters shall be nominated by the
voters in the various electoral districts and by the various political parties and people’s organizations. The election committee
shall, 15 days prior to the date of election, collect and publish the list of nominees and submit it to voter groups in the respective
electoral districts for discussion and consultation to determine the list of full candidates. If the number of nominated candidates
exceeds the maximum percentage for competitive election as specified in Article 30, the election committee shall submit the list
of candidates to voter groups for discussion and consultation, and the list of full candidates shall be determined according to the
opinions of the majority of voters; if a relative consensus cannot be reached on full candidates for deputies, a preliminary election
shall be conducted and the list of full candidates shall be determined by the order of the number of
votes that the nominees have obtained in the preliminary election. The list of full candidates shall be made public five days prior
to the date of election.
When a local people’s congress at or above the county level is to elect deputies to a people’s congress at the next higher level,
the time for nominating and deliberating candidates for such deputies shall not be less than two days. The presidium of the people’s
congress at the said level shall print and distribute the list of the candidates nominated according to law to all the deputies for
deliberation and discussion. If the number of the nominees conforms to the proportion for competitive election as provided in Article
30 of this Law, balloting competitive election shall be held directly. If the number of the nominees exceeds the maximum proportion
for competitive election as provided by Article 30 of this Law, preliminary election shall be held. By the order of the number of
votes that the nominees have obtained in the preliminary election, a formal list of candidates shall be determined in agreement with
the specific proportion for competitive election as it contained in the measures of election
adopted by the people’s congress at that level in accordance with this Law, and then balloting shall be held.
Article 32 When a local people’s congress at or above the county level is to elect deputies to the people’s congress at the
next higher level, the nominees for deputies shall not be limited to the current deputies to the lower people’s congress.
Article 33 The election committee or the presidium of the people’s congress shall brief voters or deputies on the candidates
for deputies. Political parties, people’s organizations, voters and deputies that have nominated candidates for deputies may brief
voters on those candidates at group meetings of voters or deputies. The election committee may arrange for the candidates to meet
with voters and to answer their questions. However, such briefings must stop on the day of election.
Chapter VIII
Election Procedure
Article 34 Where voters directly elect deputies to a people’s congress, they shall, as prescribed by the election committee,
be issued ballots on the strength of their identification cards or voter registration cards. In each electoral district, polling
stations shall be set up, mobile polling boxes provided or election meetings held for the election. Balloting shall be presided over
by the election committee.
Article 35 Where a local people’s congress at or above the county level is to elect deputies to the people’s congress at the
next higher level, the election shall be presided over by the presidium of the lower people’s congress.
Article 36 The election of deputies to the national and local people’s congresses shall be by secret ballot.
If a voter is illiterate or handicapped and is therefore unable to write his ballot, he may entrust another person to write it for
him.
Article 37 A voter may vote for or against a candidate for deputy and may vote instead for any other voter or abstain.
Article 38 A voter who is absent from his electoral district during the time of an election may, with the approval of the election
committee and by written authorization, entrust another voter with a proxy vote. A voter shall not stand proxy for more than three
persons.
Article 39 When balloting has been concluded, scrutineers and vote-counters elected by the voters or deputies, and members
of the election committee or members of the presidium of the people’s congress shall check the number of people who voted against
the number of votes cast and make a record of it; the record shall be signed by the scrutineers.
Article 40 An election shall be null and void if the number of votes cast is greater than the number of people who voted, and
it shall be valid if the number of votes cast is less than the number of people who voted.
A ballot shall be null and void if more candidates are voted for than the number of deputies to be elected, and it shall be valid
if fewer candidates are voted for than the number of deputies to be elected.
Article 41 In a direct election of deputies to the people’s congresses, the election shall be valid, if more than half of all
the voters in an electoral district cast their votes. Candidates for deputies shall be elected only if they have obtained more than
half of the votes cast by the voters that take part in the election.
When a local people’s congress at or above the county level is to elect deputies to a people’s congress at the next higher level,
candidates for deputies shall be elected only if they have obtained more than half of the votes of all the deputies.
Where the number of candidates who have obtained more than half of the votes exceeds the number of deputies to be elected, the ones
who have obtained more votes shall be elected. Where the number of votes for some candidates is tied, making it impossible to determine
the ones to be elected, another balloting shall be conducted for these candidates to resolve the tie, and the ones who have obtained
more votes shall be elected.
If the number of elected deputies who have obtained more than half of the votes is less than the number of deputies to be elected,
another election shall be held to make up the difference. When another election is held, the name list of candidates shall, by order
of the number of votes they have obtained in the first balloting, be determined in accordance with the proportion for competitive
election as provided in Article 30 of this Law. If only one deputy is to be elected, the number of candidates shall be two.
When another election is held to elect deputies to the people’s congress at the county or township level in accordance with the provisions
in the preceding paragraph, the candidates who have obtained more votes than the others shall be elected; however, the number of
the votes they have obtained shall not be less than one-third of the votes cast. When another election is held by the local people’s
congress at or above the county level to elect deputies to the people’s congress at the next higher level, the candidates shall be
elected only when they have obtained a majority vote of all the deputies.
Article 42 The election committee or the presidium of the people’s congress shall determine, in accordance with this Law, whether
or not the result of an election is valid and shall announce it accordingly.
Chapter IX
Supervision, Recall and By-Elections Held to Fill Vacancies
Article 43 All deputies to the national and local people’s congresses shall be subject to the supervision of the voters and
the electoral units which elect them. Both the voters and electoral units shall have the right to recall the deputies they e
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Interpretation of China Insurance Regulatory Commission on Issues Concerning Commercial Banks’ Application for the Qualification for
Concurrent-Business Insurance Agency
July 27, 2006
Recently, China Insurance Regulatory Commission distributed the Notification on Regulating the Commission of Insurance Business by
Banks(Bao Jian Fa [2006] No.70). Paragraph 1 of Article 1 stipulates that “Where a commercial bank plans to act as an agent of insurance
business, its first-level branches shall acquire the qualifications to be concurrent-business insurance agencies.” Some insurance
regulatory bureaus, commercial banks and insurance companies called us to consult about the policy implication of this provision.
The following interpretations are hereby given as follows:
The first-level branches of some commercial banks or its sub-branches may act as an agent of insurance business without acquiring
the Concurrent-Business Insurance Agency License before the issuance of Bao Jian Fa [2006] No.70. While after the issuance of the
Document, where a commercial bank plans to act as an agent of insurance business, its first-level branches shall acquire the qualification
for concurrent-business insurance agency and the Concurrent-Business Insurance Agency License. The sub-branches shall follow the
existing policies on the supervision of concurrent-business insurance agencies before the promulgation of the newly revised Provisions
on the Administration of Concurrent-Business Insurance Agencies. The local insurance regulatory bureaus shall make decisions in accordance
with the actual situation of the local market and shall execute according to the revised Provisions on the Administration of Concurrent-Business
Insurance Agencies after its promulgation.
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