Decision of the Standing Committee of the National People’s Congress on Amending the Election Law of the People’s Republic of China for the National People’s Congress and the Local People’s Congresses at All Levels (Mainland China)

Jolene Chen

On October 17, 2020, the Standing Committee of the National People’s Congress promulgated the Decision of the Standing Committee of the National People’s Congress on Amending the Election Law of the People’s Republic of China for the National People’s Congress and the Local People’s Congresses (hereinafter, the “Election Law”), which will come into effect on October 18, 2020.

The amendments to the Election Law increase the number of deputies to the local people’s congresses from 120 to 140 at the county level and from 40 to 45 at the township level, as required with the constant growing population.  Article 12, Paragraph 1. Subparagraph 3 of the Election Law stipulates that the base number of deputies to the people’s congresses of cities not divided into districts, municipal districts, counties, and autonomous counties shall be 140 with one additional deputy every 5,000 people.  If the population exceeds 1,550,000, the total number of deputies shall not exceed 450; and if the population is less than 50,000, the total number of deputies may be less than 140.  Under Article 12, Paragraph 1, Subparagraph 4 of the Election Law, the base number of deputies to the people’s congress of a township, a nationality township, or a town is 45.  One more deputy may be added for every 1,500 people, but the total number shall not exceed 160.  If the population is less than two thousand, the total number of deputies may be less than 45.