Chapter IV

Election, Recall, Appointment, Removal from Office, and Resignation of Members of State Organs

Article 38  Candidates for the Chairperson, Vice-Chairpersons, Secretary-General and other members of the Standing Committee of the National People's Congress, for the President and Vice-President of the People's Republic of China, for the Chairperson of the Central Military Commission, for the Chairperson of the National Commission of Supervision, for the President of the Supreme People's Court and for the Procurator-General of the Supreme People's Procuratorate shall be nominated by the Presidium, and the Presidium shall, after consultation among each delegation, decide upon a formal list of candidates based on the opinion of the majority of deputies.

The Premier and other members of the State Council and members of the Central Military Commission other than its chairperson shall be nominated in accordance with the relevant provisions of the Constitution.

Candidates for the chairperson, vice-chairpersons and other members of the special committees shall be nominated by the Presidium from among the deputies.

Article 39  Nominators of candidates shall provide the meeting with basic information on the candidates and make necessary explanations to questions raised by deputies.

Article 40  At a session of the National People's Congress, elections shall be conducted and appointments decided by secret ballot. Candidates shall be elected and decisions adopted by a simple majority vote of all the deputies.

When elections are conducted or proposals for appointment are put to the vote at a plenary meeting of a session, ballot-writing booths shall be installed.

The outcome of an election or vote shall be announced on the spot by the person presiding over the meeting. The number of votes received by a candidate shall be announced.

Article 41  Specific measures for elections and decisions on appointment at a session of the National People's Congress shall be adopted at a plenary meeting of the session.

Article 42  Members of state organs who are elected or appointed by the National People's Congress in accordance with the statutory procedures shall make a public pledge of allegiance to the Constitution. The pledge shall be organized by the Presidium. 

Article 43  During a session of the National People's Congress, if a member of the Standing Committee of the National People's Congress, the President or a Vice-President of the People's Republic of China, a member of the State Council, a member of the Central Military Commission, the Chairperson of the National Commission of Supervision, the President of the Supreme People's Court, the Procurator-General of the Supreme People's Procuratorate, a member of special committees of the National People's Congress tenders his resignation, the Presidium shall first forward the resignation to the delegations for deliberation and then submit it to a plenary meeting of the session for decision; if a resignation is tendered when the National People's Congress is not in session, the Council of chairpersons shall submit the resignation to the Standing Committee of the National People's Congress for deliberation and decision.

If the Standing Committee of the National People's Congress accepts the  resignation of the chairperson, a Vice-chairperson or the Secretary-General of the Standing Committee of the National People's Congress, the President or a Vice-President of the People's Republic of China, the Premier or a Vice-Premier of the State Council, a State Councilor, the chairperson of the Central Military Commission, the Chairperson of the National Commission of Supervision, the President of the Supreme People's Court or the Procurator-General of the Supreme People's Procuratorate, it shall refer the resignation to the next session of the National People's Congress for confirmation.

If the Standing Committee of the National People's Congress accepts the resignation of any of its members, it shall make a report thereon at the next session of the National People's Congress.

When the National People's Congress is not in session, should the office of the Premier of the State Council, the Chairperson of the Central Military Commission, the Chairperson of the National Commission of Supervision, the President of the Supreme People's Court, or the Procurator-General of the Supreme People's Procuratorate becomes vacant, the Standing Committee of the National People's Congress shall choose a person to act in his/her capacity respectively from among the Vice-Premiers of the State Council, the Vice-Chairpersons of the Central Military Commission, the Vice-Chairpersons of the National Commission of Supervision, the Vice-Presidents of the Supreme People's Court, or the Deputy Procurators-General of the Supreme People's Procuratorate.

Article 44  The Presidium, three or more delegations or a group of at least one tenth of the number of deputies to the National People's Congress may submit a proposal for removal from office of a member of the Standing Committee of the National People's Congress, the President or Vice-President of the People's Republic of China, a member of the State Council, a member of the Central Military Commission, the Chairperson of the National Commission of Supervision, the President of the Supreme People's Court or the Procurator-General of the Supreme People's Procuratorate. The Presidium shall refer the proposal to the delegations for deliberation and then put it to the vote in a plenary meeting of the session; or in accordance with the provisions of Chapter VI of these Rules, an investigation committee shall be organized by decision of a plenary meeting of the session on a proposal of the Presidium and, on the basis of the report of the investigation committee, the proposal for removal from office shall be deliberated and decided at the next session of the National People's Congress. 

For a proposal for removal from office, the reasons thereof shall be stated and the relevant information provided.

Before a proposal for removal from office is put to the vote at a plenary meeting of a session, the person proposed to be removed from office shall have the right to defend himself at a meeting of the Presidium or a plenary meeting of the session, or to present a written statement in his defence, which shall be printed by the Presidium for distribution at the session.

Article 45  For a member of the Standing Committee or a special committee of the National People's Congress whose position as a deputy to the National People's Congress is recalled by the unit that elected him, the position he holds as a member of the Standing Committee or a special committee of the National People's Congress shall be annulled accordingly, which shall be announced by the Presidium or the Standing Committee of the National People's Congress.

Article 46  If the resignation of a member of the Standing Committee or of a special committee of the National People's Congress as deputy to the National People's Congress is accepted, his/her office of member of the Standing Committee or the special committee shall be terminated, which shall be announced by the Standing Committee.