Organic Law of the Villagers' Committees of the People's Republic of China (Chinese and English Text)
The following translation was retrieved from the Dongbeiwang News Web site on September 2, 2009. The Chinese text was retrieved from the Ministry of Civil Affairs Web site on September 2, 2009.
Organic Law of the Villagers' Committees of the People's Republic of China
Article 1 This Law is enacted in accordance with the Constitution with a view to ensuring self-government by the villagers in the countryside, who will administer their own affairs according to law, developing democracy at the grassroots level in the countryside, and promoting the building of a socialist countryside which is materially and ethically advanced.
Article 2 The villagers committee is the primary mass organization of self-government, in which the villagers manage their own affairs, educate themselves and serve their own needs and in which election is conducted, decision adopted, administration maintained and supervision exercised by democratic means.
The villagers committee shall manage the public affairs and public welfare undertakings of the village, mediate disputes among the villagers, help maintain public order, and convey the villagers' opinions and demands and make suggestions to the people's government.
Article 3 The primary organization of the Communist Party of China in the countryside shall carry out its work in accordance with the Constitution of the Communist Party of China, playing its role as a leading nucleus; and, in accordance with the Constitution and laws, support the villagers and ensure that they carry out self-government activities and exercise their democratic rights directly.
Article 4 The people's government of a township, a nationality township or a town shall guide, support and help the villagers committees in their work, but may not interfere with the affairs that lawfully fall within the scope of the villagers self-government.
The villagers committees, on their part, shall assist the said people's government in its work.
Article 5 The villagers committee shall support the villagers and assist them in their efforts to set up various forms of co-operative and other economic undertakings in accordance with law, provide services and coordination for production in the village, and promote the development of rural production and construction and the socialist market economy.
The villagers committee shall respect the decision-making power of the collective economic organizations in conducting their economic activities independently according to law, safeguard the dual operation system characterized by the combination of centralized operation with decentralized operation on the basis of operation by households under a contract, and ensure the lawful property right and other lawful rights and interests of the collective economic organizations, villagers, households operating under a contract, associated households, and partnerships.
The villagers committee shall, in accordance with the provisions of laws, administer the affairs concerning the land and other property owned collectively by the peasants of the village and disseminate knowledge among the villagers about rational utilization of the natural resources and protection and improvement of the ecological environment.
Article 6 The villagers committee shall publicize the Constitution, laws, regulations and State policies among the villagers; help them understand the importance of performing their obligation as proscribed by law and cherishing public property and encourage them to do so; safeguard the villagers' lawful rights and interests; develop culture and education, and disseminate scientific and technological knowledge among the villagers; promote unity and mutual assistance between villages; and carry out various forms of activities for the building of advanced socialist ethics.
Article 7 In a village where people from more than one ethnic group live, the villagers committee shall help the villagers understand the importance of enhancing unity, mutual respect and mutual assistance among the ethnic groups and give them guidance in this respect.
Article 8 The villagers committee shall be established on the basis of the residential areas of the villagers and the size of the population and on the principle of facilitating self-government by the masses.
The establishment or dissolution of a villagers committee or a readjustment in the area governed by it shall be proposed by the people's government of a township, a nationality township or a town and submitted to a people's government at the county level for approval after it is discussed and agreed to by a villagers assembly.
Article 9 A villagers committee shall be composed of three to seven members, including the chairman, the vice-chairman(vice-chairmen) and the members.
The members of a villagers committee shall include an appropriate number of women. In a village where people from more than one ethnic group live, they shall include a member or members from the ethnic group or groups with a smaller population.
Members of a villagers committee shall not be divorced from production but may be provided with appropriate subsidies, where necessary.
Article 10 A villagers committee may, on the basis of the residential areas of the villagers, establish a number of villagers groups, the leaders of which shall be elected at the meetings of the groups.
Article 11 The chairman, vice-chairman (vice-chairmen) and members of a villagers committee shall be elected directly by the villagers. No organization or individual may designate, appoint or replace any member of a villagers committee.
The term of office for a villagers committee is three years; a new committee shall be elected at the expiration of the three years without delay. Members of a villagers committee may continue to hold office when reelected.
Article 12 Any villager who has reached the age of 18 shall have the right to elect and stand for election, regardless of his ethnic status, race, sex, occupation, family background, religious belief, education, property status and length of residence, with the exception of persons who have been deprived of political rights in accordance with law.
The name list of the villagers who have the right to elect and stand for election shall be made public 20 days prior to the date of election.
Article 13 Election of a villagers committee shall be presided over by a villagers electoral committee. Members of the electoral committee shall be elected by a villagers assembly or by all the villagers groups.
Article 14 For election of a villagers committee, the villagers who have the right to elect in the village shall nominate candidates directly. The number of candidates shall be greater than the number of persons to be elected.
The election of a villagers committee shall be valid if more than half of the villagers who have the right to elect cast their votes; a candidate shall be elected only if he wins more than half of the votes cast by the villagers.
The election shall be by secret ballot and open vote-counting; the outcome of the election shall be announced on the spot. During election, booths shall be installed for voters to write their ballots in private.
Specific electoral measures shall be prescribed by the standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government.
Article 15 If a person, by threatening, bribing, forging ballots or other illegitimate means, interferes with the villagers in the exercise of their rights to elect and to stand for election, thus disrupting the election of a villagers committee, the villagers shall have the right to report against him to the people's congress, the people's government of the township, nationality township or town, or to the standing committee of the people's congress and the people's government at the county level or the competent department under the latter, which shall be responsible for investigating the matter and handling it in accordance with law. If a person is elected by threatening, bribing, forging ballots or other illegitimate means, his election shall be invalid.
Article 16 A group of at least one-fifth of the villagers who have the right to elect in the village may propose the removal from office of members of the villagers committee. In the proposal, the reasons for the removal shall be stated. The member of the villagers committee proposed to be removed from office shall have the right to present a statement in his own defence. The villagers committee shall convene a villagers assembly without delay, at which the proposal for the removal shall be voted. The removal from office of a member of the villagers committee shall be adopted by a simple majority vote of the villagers who have the right to elect.
Article 17 A villagers assembly shall be composed of villagers at or above the age of 18 in a village. The villagers assembly shall be convened with a simple majority participation of the villagers at or above the age of 18 or with the participation of the representatives from at least two-thirds of the households in the village, and every decision shall be adopted by a simple majority vote of the villagers present. When necessary, representatives of the enterprises, institutions and mass organizations located in the village may be invited to attend the villagers assembly without the right to vote.
Article 18 The villagers committee shall be responsible to the villagers assembly and report on its work to the latter. The villagers assembly shall deliberate on the work report of the villagers committee every year and appraise the performance of its members.
The villagers assembly shall be convened by the villagers committee. When proposed by one-tenth of the villagers, the villagers assembly shall be convened.
Article 19 When the following matters that involve the interests of the villagers arise, the villagers committee shall refer them to the villagers assembly for decision through discussion before dealing with them:
(1) measures for pooling funds for the township, and the percentage of the funds raised by the village to be retained and used by it;
(2) the number of persons who enjoy subsidies for work delayed and the rates for such subsidies;
(3) use of the profits gained by the collective economic organizations of the village;
(4) proposals for raising funds for running schools, building roads and managing other public welfare undertakings in the village;
(5) decision on projects to be launched by the collective economic organizations of the village and the contracts proposed for the projects as well as contracts proposed for building public welfare undertakings in the village;
(6) villagers' proposals for operation under a contract;
(7) proposals for the use of house sites; and
(8) other matters that involve the interests of the villagers and on which the villagers assembly considers it necessary to make decisions through discussion.
Article 20 A villagers assembly may formulate and revise the villagers charter of self-government, rules and regulations for the village and villagers pledges, and submit them to the people's government of the township, nationality township or town for the record.
No villagers charter of self-government, rules and regulations for the village, villagers pledges or matters decided through discussion by a villagers assembly or by representatives of villagers may contravene the Constitution, laws, regulations, or State policies, or contain such contents as infringing upon villagers' rights of the person, their democratic rights or lawful property rights.
Article 21 In a village with a larger population or with the inhabitants scattered here and there, villagers representatives may be elected, and the villagers committee shall convene a meeting of the villagers representatives to decide on matters through discussion with the authorization of the villagers assembly. One villagers representative shall be elected by every five to fifteen households, or a certain number of villagers representatives shall be elected by all the villagers groups.
Article 22 The villagers committee shall apply the system of open administration of village affairs.
The villagers committee shall accept supervision by the villagers through publicizing the following matters without delay, of which the matters involving financial affairs shall be publicized every six months at least:
(1) matters decided on through discussion by the villagers assembly as provided for in Article 19 of this Law, and implementation of the decisions;
(2) plans for implementing the State policy for family planning;
(3) handing out of relief funds and goods; and
(4) collection of charges for the supply of water and electricity, and other matters that involve the interests of the villagers and that all the villagers are concerned about.
The villagers committee shall guarantee the truthfulness of what is publicized and subject itself to inquiry by the villagers. Where a villagers committee fails to publicize the matters as is required to without delay or if the matters it publicizes are not true to facts, the villagers shall have the right to report the matter to the people's government of the township, nationality township or town or the people's government at the county level and the competent departments under it, which shall be responsible for investigation and verification and order that the matters be publicized; where unlawful acts are verified through investigation, the members concerned shall bear the responsibility according to law.
Article 23 The villagers committee and its members shall observe the Constitution, laws, regulations and State policies, and they shall be impartial in handling affairs, honest in performing their duties and warmhearted in serving the villagers.
Article 24 In making decisions, a villagers committee shall apply the principle whereby the minority is subordinate to the majority.
In its work the villagers committee shall adhere to the mass line, give full play to democracy, carefully heed dissenting opinions, and unremittingly exercise persuasion; it may not resort to coercion, commandism or retaliation.
Article 25 A villagers committee shall, when necessary, establish sub-committees for people's mediation, public security, public health, etc. Members of the villagers committee may concurrently be members of the sub-committees. The villagers committee of a village with a small population may dispense with the sub-committees; instead, members of the villagers committee shall have a division of responsibilities with respect to people's mediation, public security, public health, etc.
Article 26 A villagers committee shall assist the relevant departments in giving ideological education and help to and exercising supervision over the villagers who have been deprived of political rights in accordance with law.
Article 27 Members of government departments, public organizations, units of the armed forces, and enterprises and institutions owned by the whole people, who are located in the countryside, shall not join organizations of the villagers committees; members of collectively-owned entities that are not run by the villages may choose not to join the organizations of the villagers committees. However, all of them shall abide by the rules and regulations for the villages and the villagers pledges related to them. When the villagers committees, villagers assemblies or villagers representatives of the villages, where these units are located, discuss and deal with problems related to the units, they shall solve the problems through consultation with them.
Article 28 The local people's congresses at all levels and the standing committees of the local people's congresses at or above the county level shall see that this Law is implemented within their administrative regions and guarantee that the villagers exercise their right of self-government in accordance with law.
Article 29 The standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with this Law and in light of the conditions in their own administrative regions, formulate measures for the implementation of this Law.
Article 30 This Law shall go into effect as of the date of promulgation. The Organic Law of the Villagers Committees of the People's Republic of China (for Trial Implementation) shall be annulled at the same time.
中华人民共和国村民委员会组织法（1998年11月4日主席令第9号公布）
第一条 为了保障农村村民实行自治，由村民群众依法办理自己的事情，发展农村基层民主，促进农村社会主义物质文明和精神文明建设，根据宪法，制定本法。
第二条 村民委员会是村民自我管理、自我教育、自我服务的基层群众性自治组织，实行民主选举、民主决策、民主管理、民主监督。
村民委员会办理本村的公共事务和公益事业，调解民间纠纷，协助维护社会治安，向人民政府反映村民的意见、要求和提出建议。
第三条 中国共产党在农村的基层组织，按照中国共产党章程进行工作，发挥领导核心作用；依照宪法和法律，支持和保障村民开展自治活动、直接行使民主权利。
第四条 乡、民族乡、镇的人民政府对村民委员会的工作给予指导、支持和帮助，但是不得干预依法属于村民自治范围内的事项。
村民委员会协助乡、民族乡、镇的人民政府开展工作。
第五条 村民委员会应当支持和组织村民依法发展各种形式的合作经济和其他经济，承担本村生产的服务和协调工作，促进农村生产建设和社会主义市场经济的发展。
村民委员会应当尊重集体经济组织依法独立进行经济活动的自主权，维护以家庭承包经营为基础、统分结合的双层经营体制，保障集体经济组织和村民、承包经营户、联户或者合伙的合法的财产权和其他合法的权利和利益。
村民委员会依照法律规定，管理本村属于村农民集体所有的土地和其他财产，教育村民合理利用自然资源，保护和改善生态环境。
第六条 村民委员会应当宣传宪法、法律、法规和国家的政策，教育和推动村民履行法律规定的义务，爱护公共财产，维护村民的合法的权利和利益，发展文化 教育，普及科技知识，促进村和村之间的团结、互助，开展多种形式的社会主义精神文明建设活动。
第七条 多民族村民居住的村，村民委员会应当教育和引导村民加 强民族团结、互相尊重、互相帮助。
第八条 村民委员会根据村民居住状况、人口多少，按照便于群众自治的原则设立。
村民委员会的设立、撤销、范围调整，由乡、民族乡、镇的人民政府提出，经村民会议讨论同意后，报县级人民政府批准。
第九条 村民委员会由主任、副主任和委员共三至七人组成。
村民委员会成员中，妇女应当有适当的名额，多民族村民居住的村应当有人数较少的民族的成员。
村民委员会成员不脱离生产，根据情况，可以给予适当补贴。
第十条 村民委员会可以按照村民居住状况分设若干村民小组，小组长由村民小组会议推选。
第十一条 村民委员会主任、副主任和委员，由村民直接选举产生。任何组织或者个人不得指定、委派或者撤换村民委员会成员。
村民委员会每届任期三年，届满应当及时举行换届选举。村民委员会成员可以连选连任。
第十二条 年满十八周岁的村民，不分民族、种族、性别、职业、家庭出身、宗教信仰、教育程度、财产状况、居住期限，都有选举权和被选举权；但是，依照法律被剥夺政治权利的人除外。
有选举权和被选举权的村民名单，应当在选举日的二十日以前公布。
第十三条 村民委员会的选举，由村民选举委员会主持。村民选举委员会成员由村民会议或者各村民小组推选产生。
第十四条 选举村民委员会，由本村有选举权的村民直接提名候选人。候选人的名额应当多于应选名额。
选举村民委员会，有选举权的村民的过半数投票，选举有效；候选人获得参加投票的村民的过半数的选票，始得当选。
选举实行无记名投票、公开计票的方法，选举结果应当当场公布。选举时，设立秘密写票处。
具体选举办法由省、自治区、直辖市的人民代表大会常务委员会规定。
第十五条 以威胁、贿赂、伪造选票等不正当手段，妨害村民行使选举权、被选举权，破坏村民委员会选举的，村民有权向乡、民族乡、镇的人民代表大会和人 民政府或者县级人民代表大会常务委员会和人民政府及其有关主管部门举报，有关机关应当负责调查并依法处理。以威胁、贿赂、伪造选票等不正当手段当选的，其 当选无效。
第十六条 本村五分之一以上有选举权的村民联名，可以要求罢免村民委员会成员。罢免要求应当提出罢免理由。被提出罢免的村民委员会成员有权提出申辩意见。村民委员会应当及时召开村民会议，投票表决罢免要求。罢免村民委员会成员须经有选举权的村民过半数通过。
第十七条 村民会议由本村十八周岁以上的村民组成。
召开村民会议，应当有本村十八周岁以上村民的过半数参加，或者有本村三分之二以上的户的代表参加，所作决定应当经到会人员的过半数通过。必要的时候，可以邀请驻在本村的企业、事业单位和群众组织派代表列席村民会议。
第十八条 村民委员会向村民会议负责并报告工作。村民会议每年审议村民委员会的工作报告，并评议村民委员会成员的工作。
村民会议由村民委员会召集。有十分之一以上的村民提议，应当召集村民会议。
第十九条 涉及村民利益的下列事项，村民委员会必须提请村民会议讨论决定，方可办理：
（一）乡统筹的收缴方法，村提留的收缴及使用；
（二）本村享受误工补贴的人数及补贴标准；
（三）从村集体经济所得收益的使用；
（四）村办学校、村建道路等村公益事业的经费筹集方案；
（五）村集体经济项目的立项、承包方案及村公益事业的建设承包方案；
（六）村民的承包经营方案；
（七）宅基地的使用方案；
（八）村民会议认为应当由村民会议讨论决定的涉及村民利益的其他事项。
第二十条 村民会议可以制定和修改村民自治章程、村规民约，并报乡、民族乡、镇的人民政府备案。
村民自治章程、村规民约以及村民会议或者村民代表讨论决定的事项不得与宪法、法律、法规和国家的政策相抵触，不得有侵犯村民的人身权利、民主权利和合法财产权利的内容。
第二十一条 人数较多或者居住分散的村，可以推选产生村民代表，由村民委员会召集村民代表开会，讨论决定村民会议授权的事项。村民代表由村民按每五户至十五户推选一人，或者由各村民小组推选若干人。
第二十二条 村民委员会实行村务公开制度。
村民委员会应当及时公布下列事项，其中涉及财务的事项至少每六个月公布一次，接受村民的监督：
（一）本法第十九条规定的由村民会议讨论决定的事项及其实施情况；
（二）国家计划生育政策的落实方案；
（三）救灾救济款物的发放情况；
（四）水电费的收缴以及涉及本村村民利益、村民普遍关心的其他事项。
村民委员会应当保证公布内容的真实性，并接受村民的查询。
村民委员会不及时公布应当公布的事项或者公布的事项不真实的，村民有权向乡、民族乡、镇人民政府或者县级人民政府及其有关主管部门反映，有关政府机关应当负责调查核实，责令公布；经查证确有违法行为的，有关人员应当依法承担责任。
第二十三条 村民委员会及其成员应当遵守宪法、法律、法规和国家的政策，办事公道，廉洁奉公，热心为村民服务。
第二十四条 村民委员会决定问题，采取少数服从多数的原则。
村民委员会进行工作，应当坚持群众路线，充分发扬民主，认真听取不同意见，坚持说服教育，不得强迫命令，不得打击报复。
第二十五条 村民委员会根据需要设人民调解、治安保卫、公共卫生等委员会。村民委员会成员可以兼任下属委员会的成员。人口少的村的村民委员会可以不设下属委员会，由村民委员会成员分工负责人民调解、治安保卫、公共卫生等工作。
第二十六条 村民委员会应当协助有关部门，对被依法剥夺政治权利的村民进行教育、帮助和监督。
第二十七条 驻在农村的机关、团体、部队、全民所有制企业、事业单位的人员不参加村民委员会组织，不属于村办的集体所有制单位的人员可以不参加村民委 员会组织。但是，他们都应当遵守有关村规民约。所在地的村民委员会、村民会议或者村民代表讨论和处理同这些单位有关的问题，应当与他们协商解决。
第二十八条 地方各级人民代表大会和县级以上地方各级人民代表大会常务委员会在本行政区域内保证本法的实施，保障村民依法行使自治权利。
第二十九条 省、自治区、直辖市的人民代表大会常务委员会可以根据本法，结合本行政区域的实际情况，制定实施办法。
第三十条 本法自公布之日起施行。《中华人民共和国村民委员会组织法（试行）》同时废止。