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Law of the People's Republic of China on Regional National Autonomy

Updated: 2009-08-12 09:31

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 conditions such as the relationship among the various nationalities and the level of economic development, and with due consideration for historical background.

Within a national autonomous area, appropriate autonomous areas or nationality townships may be established where other minority nationalities live in concentrated communities.

Some residential areas and towns of the Han nationality or other nationalities may be included in a national autonomous area in consideration of actual local conditions.

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 name of the nationality and the administrative status, in that order.

Article 14 The establishment of a national autonomous area, the delineation of its boundaries and the elements of its name shall be proposed by the State organ at the nest higher level jointly with the State organ in the relevant locality, after full consultation with representatives of the relevant nationalities, before they are submitted for approval according to the procedures prescribed by law.

Once established, no national autonomous area may, without legal procedures, be abolished or merged. Once defined, no boundaries of a national autonomous area may, without legal procedures, be altered. Where abolition or merger or alteration is really required, it shall be proposed by the relevant department of the State organ at the next higher level after full consultation with the organ of self-government of the national autonomous area before it is submitted for approval according to legal procedures.

Article 15 The organs of self-government of national autonomous areas shall be the people's congresses and people's governments of autonomous regions, autonomous prefectures and autonomous counties.

The people's governments of national autonomous areas shall be responsible to and report on their work to the people's congresses at corresponding levels and to the administrative organs of the State at the next higher level. When the people's congresses at corresponding levels are not in session, they shall be responsible to and report on their work to the standing committees of these people's congresses. The people's governments of all national autonomous areas shall be administrative organs of the State under the unified leadership of the State Council and shall be subordinate to it.

The organization and work of the organs of self-government of national autonomous areas shall be specified in these areas' regulations on the exercise of autonomy or separate regulations, in accordance with the Constitution and other laws.

Article 16 In the people's congress of a national autonomous area, in addition to the deputies from the nationality exercising regional autonomy in the administrative area, the other nationalities inhabiting the area are also entitled to appropriate representation.

The number and proportion of deputies to the people's congress of a national autonomous area from the nationality exercising regional autonomy and from the other minority nationalities shall be decided upon by the standing committee of the people's congress of a province, an autonomous region or a municipality directly under the Central Government, in accordance with the principles prescribed by law, and shall be reported to the Standing Committee of the National People's Congress for the record.

Among the chairman and vice-chairmen of the standing committee of the people's congress of a national autonomous area shall be one or more citizens of the nationality exercising regional autonomy in the area.

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 of the nationality exercising regional autonomy in the area concerned. Other posts in the people's government of an autonomous region, an autonomous prefecture or an autonomous county shall rationally be assumed by people of the nationality exercising regional autonomy and of other minority nationalities in the area concerned.

The people's governments of national autonomous areas shall apply the system of giving overall responsibility to the chairman of an autonomous region, the prefect of an autonomous prefecture or the head of an autonomous county, who shall direct the work of the people's governments at their respective levels.

Article 18 The cadres in the departments under the organs of self-government of a national autonomous area shall rationally be chosen from among citizens of the nationality exercising regional autonomy and of the other minority nationalities in the area.

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