Rules of Procedure of the Standing Committee of Shanghai Municipal People's Congress

(Adopted at the 4th Session of the Standing Committee of the 9th Shanghai Municipal People's Congress on November 10, 1988; amended for the first time in accordance with the Decision on Amending the Rules of Procedure of the Standing Committee of Shanghai Municipal People's Congress adopted at the 32nd Session of the Standing Committee of the 11th Shanghai Municipal People's Congress on October 24, 2001; amended for the second time in accordance with the Decision on Amending the Rules of Procedure of the Standing Committee of Shanghai Municipal People's Congress adopted at the 5th Session of the Standing Committee of the 13th Shanghai Municipal People's Congress on August 21, 2008; amended for the third time in accordance with the Decision on Amending the Rules of Procedure of the Standing Committee of Shanghai Municipal People's Congress adopted at the 44th Session of the Standing Committee of the 15th Shanghai Municipal People's Congress on September 22, 2022)

Chapter I  General Provisions

Article 1

With a view to improving the rules of procedure of the Standing Committee of Shanghai Municipal People's Congress (hereinafter referred to as the Standing Committee), and to safeguarding and regulating the exercise of its powers, these Rules are formulated in accordance with relevant provisions of the Constitution of the People's Republic of China, the Organic Law of Local People's Congresses and Local People’s Governments of the People's Republic of China and the Act of the People's Republic of China on Supervision over Standing Committees of People's Congresses at All Levels, and in the light of the actual work of the Standing Committee.

Article 2

The Standing Committee shall adhere to the leadership of the Communist Party of China, and shall meet in session and carry out its work according to its statutory functions and powers and statutory procedures.

Article 3

The Standing Committee shall uphold and develop the whole-process people’s democracy, maintain close ties with the people, solicit opinions and suggestions from them, represent people’s will and protect their rights and interests.

Article 4

When deliberating on bills and proposals and making decisions, the Standing Committee shall, in accordance with the principle of democratic centralism, give full play to democracy, and collectively exercise functions and powers conferred by the Constitution and the laws of the People’s Republic of China.

Article 5

When the Standing Committee meets in session, it shall arrange the schedule of the session in a reasonable manner to improve the quality and efficiency of its deliberations.

Chapter II  Convening of Sessions

Article 6

The Standing Committee shall meet in session at least once every two months and may convene an interim session or postpone a session under exceptional circumstances.

The convening date and agenda of each session of the Standing Committee shall be determined by the Chairperson’s Meeting of the Standing Committee (hereinafter referred to as the Chairperson's Meeting).

The session of the Standing Committee shall be convened and presided over by the Chairperson. The Chairperson may authorize any of the Vice-Chairpersons to preside over a session on his/her behalf.

Article 7

The Standing Committee may meet in session with the presence of more than half of all members of the Standing Committee.

The members of the Standing Committee may, upon decision by the Chairperson’s Meeting, attend a session through a network video conference under exceptional circumstances.

Article 8

The Chairperson's Meeting shall draft the agenda for a session of the Standing Committee and refer it to the plenary meeting of the Standing Committee for decision.

The Chairperson or the Chairperson's Meeting shall refer the need for interim adjustment to the agenda to the plenary meeting of the Standing Committee for decision during a session of the Standing Committee.

Article 9

When the Standing Committee convenes a session, it shall, seven days before the convening of the session, notify its members of the date of the session and the major matters to be deliberated at the session, and shall deliver the main documents of the session.

The provisions of the proceeding Paragraph do not apply to an interim session.

Article 10

When the Standing Committee meets in session, its members shall attend the session. Where a member is unable to attend the session due to illness or any other special reason, he/she shall submit a request in writing to the Chairperson for leave through the working body of the Standing Committee.

The working body of the Standing Committee shall report to the Chairperson on the attendance and reasons for any absence of members of the Standing Committee.

Members of the Standing Committee shall possess a strong work ethic and sense of responsibility, deliberate over bills and reports, present their review opinions in an active manner, and strictly abide by the discipline of the session.

Article 11

The sessions of the Standing Committee shall be convened openly. The date, agenda, and schedule of each session of the Standing Committee as well as the proceedings of the session shall be made public.

The Chairperson’s Meeting may decide to suspend the disclosure of the relevant agenda when necessary.

Article 12

The following persons shall observe the session when the Standing Committee meets in session:

1. persons in charge of Shanghai Municipal People’s Government, Shanghai Municipal Supervision Commission, the Municipal High People’s Court, and the Municipal People’s Procuratorate;

2. members of specialized committees of the Municipal People’s Congress who are not members of the Standing Committee, the Deputy Secretary-General of the Standing Committee, and persons in charge of working bodies and administrative offices; and

3. the Chairperson or one of the Vice-Chairpersons of the people’s congresses of all districts.

Persons in charge of the relevant commissions, offices, and bureaus (administrations) of the Municipal People’s Government, presidents of Shanghai Intermediate People’s Courts, presidents of all special people’s courts, prosecutors-general of branches of the Municipal People’s Procuratorate, deputies to the National People’s Congress elected by this Municipality, and deputies to the Municipal People’s Congress and other relevant persons may observe the session upon approval of the Chairperson’s Meeting according to the need of issues for deliberations of the session.

The persons mentioned above may observe a session in person or through a network video conference.

Article 13

The persons who observe the session of the Standing Committee shall have a voice in the session but no voting rights.

Article 14

When the Standing Committee meets in session, it may, upon approval of the Chairperson’s Meeting, invite deputies to local legislative outreach offices and other relevant social groups to sit in on the session.

The persons mentioned above may sit in on the session of the Standing Committee in person or through a network video conference.

The persons who sit in on the session shall have no voice and no voting rights in the session. They may put forward their proposals and suggestions on the issues for deliberations, organizational work of the session, and other work. Such proposals and suggestions shall be consolidated by the working body of the Standing Committee and submitted to the relevant departments for consideration and reference.

Article 15

Draft bills and work reports shall be heard and deliberated by the plenary meeting when the Standing Committee meets in session. Group meetings and joint group meetings may be convened when necessary.

Article 16

Sessions of the Standing Committee shall digitalize the documentation of sessions by applying modern information technologies, and shall provide members of the Standing Committee and observers with convenient and secure service through network video and other means.

Chapter III  Introduction and Deliberations of Bills

Article 17

Bills submitted by the Presidium of Shanghai People’s Congress to the Standing Committee for deliberations shall be referred by the Chairperson’s Meeting to the session of the Standing Committee for discussion and deliberations.

Article 18

The Chairperson’s Meeting may submit bills that fall within the scope of the functions and powers of the Standing Committee to the Standing Committee for deliberations at its sessions.

The Municipal People’s Government and specialized committees of the Municipal People’s Congress may submit bills that fall within the scope of the functions and powers of the Standing Committee to the Standing Committee. The Chairperson’s Meeting shall decide whether such bills shall be referred to the session of the Standing Committee for deliberations, or shall submit the bills to relevant specialized committees for consideration and report before referring the bills to the session of the Standing Committee for deliberations.

Five or more members of the Standing Committee may jointly submit bills that fall within the scope of the functions and powers of the Standing Committee to the Standing Committee. The Chairperson’s Meeting shall decide whether such bills shall be referred to the session of the Standing Committee for deliberations, or shall submit the bills to relevant specialized committees for consideration and report before making decisions on whether the bills shall be referred to the session of the Standing Committee for deliberations. Any bill that is not to be referred to the session of the Standing Committee for deliberations shall be explained to the sponsors and be reported to the session of the Standing Committee.

Article 19

Authorized by the Chairperson’s Meeting, the working body of the Standing Committee may draft the bills on behalf of the Chairperson’s Meeting, and make explanations to the plenary meeting of the Standing Committee.

Article 20

Bills introduced to the Standing Committee must be made in writing stating the issues for deliberations, the grounds, and the possible solutions.

Bills introduced by the Municipal People’s Government shall be submitted to the working body of the Standing Committee 15 days before the sessions of the Standing Committee.

Bills jointly submitted by members of the Standing Committee shall be submitted before the sessions of the Standing Committee.

Article 21

Bills placed on the agenda of the sessions of the Standing Committee shall be explained by heads of sponsors or persons who submitted the bills to the plenary meeting of the Standing Committee.

Sponsors, relevant specialized committees, and working bodies of the Standing Committee shall provide relevant written information.

Valuable observations, criticisms, and suggestions brought by members of the Standing Committee in the deliberations of bills shall be submitted by the working body of the Standing Committee to relevant organs or departments for consideration and disposition. The reports on the consideration and deposition of the relevant organs or departments in writing shall be submitted to the Standing Committee or specialized committees within three months.

Article 22

Heads of sponsors or persons who submitted the bills may make supplemental explanations of the bills at sessions of the Standing Committee.

Article 23

Five or more persons from sponsors, specialized committees, or members of the Standing Committee may jointly submit modifications to bills when sessions of the Standing Committee deliberate bills.

Authorized by the Chairperson's Meeting, relevant working bodies of the Standing Committee may draft modifications to bills on behalf of the Chairperson's Meeting.

Modifications to bills must be made in writing and must be submitted one day before the bills are referred to the plenary meeting of the Standing Committee for voting.

The Chairperson's Meeting shall decide whether modifications to bills shall be referred to the session of the Standing Committee for deliberations, or shall submit the modifications to relevant specialized committees for consideration and suggestion before referring the bills to the session of the Standing Committee for deliberations.

Article 24

Where a bill placed on the agenda of the sessions of the Standing Committee to be voted on is considered problematic for further study in deliberations, it may, upon proposal by the Chairperson or Chairperson’s Meeting and with the consent of the majority of the members of the Standing Committee who are present at the session, not to be put to the vote for the time being, and be submitted to relevant specialized committees for further discussion and suggestion.

Article 25

Where the sponsor of a bill placed on the agenda of a session of the Standing Committee requires withdrawal of the bill before it is put to vote, the deliberations of the bill at the session shall be terminated immediately upon the approval of the Chairperson’s Meeting.

Article 26

When the Standing Committee meets in session, the Municipal People’s Government, the Municipal People’s Congress, or five or more members of the Standing Committee may propose a provisional motion to the Standing Committee on major matters that are urgently needed to be submitted to the Standing Committee for deliberations. The provisional motion may, upon the study of the Chairperson’s Meeting and with the consent of the majority of the members of the Standing Committee present at the meeting, be put on the agenda of the session of the Standing Committee.

Article 27

The introduction and deliberations of local rules and bills shall be pursuant to the relevant provisions of the Regulations of Shanghai Municipality on the Formulation of Local Rules.

The introduction and deliberations of bills on personnel appointment and removal shall be pursuant to the relevant provisions of the Regulations of the Standing Committee of Shanghai Municipal People’s Congress on the Appointment and Removal of Staff Members of the State Organ.

Chapter IV  Hearing and Deliberating Reports

Article 28

When sessions of the Standing Committee hear and deliberate special work reports from the Municipal People’s Government, the Municipal Supervision Commission, the Municipal High People’s Court, and the Municipal People’s Procuratorate, persons in charge of these organs shall attend the sessions to deliver reports. The Municipal People’s Government may also authorize persons in charge of the relevant departments to deliver reports to the Standing Committee.

The Municipal People’s Government, the Municipal Supervision Commission, the Municipal High People’s Court, and the Municipal People’s Procuratorate shall, 20 days before sessions of the Standing Committee, submit their special work reports through their administrative offices to relevant specialized committees of the Municipal People’s Congress or relevant working bodies of the Standing Committee for consultation; and shall, 10 days before sessions of the Standing Committee, submit the revised reports to the Standing Committee.

Relevant specialized committees may conduct preliminary deliberations on the special work reports and provide consultations before the deliberations of sessions of the Standing Committee on the reports.

Article 29

The Standing Committee shall hold enlarged meetings generally in July or August every year to organize all members of the Standing Committee and deputies to the Municipal People’s Congress to hear the report of the Municipal People’s Government on the work of the previous stage of this year and to carry out the appraisal. Deputies to the National People’s Congress in Shanghai, members of the National Committee of the Chinese People’s Political Consultative Conference in Shanghai, members of the Municipal Committee of the Chinese People’s Political Consultative Conference, and other relevant social groups may be invited to attend the meeting.

Article 30

The Standing Committee shall examine and approve the draft of the final account at the corresponding level in the previous year compiled by the Municipal People’s Government generally in July or August every year, and shall hear and deliberate the report of the Municipal People’s Government on the implementation of the national economic and social development plan, and the budget of the previous stage of this year.

The Standing Committee shall, in the deliberations and approval of the final account, hear and deliberate the auditing work report of the auditing organ of the Municipal People’s Government on the implementation of the budget and the audit of other financial income and expenditure in the previous year.

The Municipal People’s Government shall submit the interim appraisal report on the implementation of the five-year plan for national economic and social development to the relevant specialized committees of the People’s Congress for preliminary examination, or to the relevant working bodies of the Standing Committee for consultation before the Standing Committee hears the report.

Where the national economic and social development plan or the budget approved by the Municipal People’s Congress needs to be partially adjusted during its implementation, and the national economic and social development plan needs to be improved upon the decision of the interim appraisal, the Municipal People’s Government shall submit the preliminary adjustment schemes to the relevant specialized committees of the People’s Congress for preliminary examination, or to the relevant working bodies of the Standing Committee for consultation.

Article 31

The law enforcement inspection group of the Standing Committee shall submit the report on law enforcement inspection to the Standing Committee within two months after the law enforcement inspection is organized and conducted according to the annual law enforcement inspection plan.

The Chairperson’s Meeting shall decide whether the report of the law enforcement inspection group on law enforcement inspection shall be referred to the Standing Committee for deliberations. The Chairperson’s Meeting may also decide whether the relevant reports of the Municipal People’s Government, the Municipal Supervision Commission, the Municipal High People’s Court, and the Municipal People’s Procuratorate shall simultaneously be referred to the Standing Committee for deliberations.

Article 32

The review opinions on the special work report, on the report on the implementation of the national economic and social development plan, on the report on budget implementation, and on the auditing work report, the report on law enforcement inspection, and the review opinions on the report on law enforcement inspection made by members of the Standing Committee shall be submitted to the Municipal People’s Government, the Municipal Supervision Commission, the Municipal High People’s Court, and the Municipal People’s Procuratorate by the working bodies of the Standing Committee for consideration and disposition. The consideration and disposition from the Municipal People’s Government, the Municipal Supervision Commission, the Municipal High People’s Court, and the Municipal People’s Procuratorate shall be reported in writing to the Standing Committee within three months; and shall be submitted to the relevant specialized committees of the Municipal People’s Congress or relevant working bodies of the Standing Committee through their administrative offices for consultation before the consideration and disposition are officially reported to the Standing Committee. The Standing Committee may, when deeming necessary, carry out resolutions on the special work report and the auditing work report. The Municipal People’s Government, the Municipal Supervision Commission, the Municipal High People’s Court, and the Municipal People’s Procuratorate shall submit the written report on the implementation of the resolution to the Standing Committee within the time limit prescribed by the resolution.

Article 33

The special work report, the report on the implementation of the national economic and social development plan, the report on budget implementation, and the report on law enforcement inspection heard by the Standing Committee together with the review opinions, and the reports on consideration and disposition of the review opinions or on implementation of the resolution by the Municipal People’s Government, the Municipal Supervision Commission, the Municipal High People’s Court, and the Municipal People’s Procuratorate shall be briefed to the Municipal People’s Congress and publicized to the society.

Chapter V  Inquiries, Interpellations, and Investigations of Specific Issues

Article 34

When sessions of the Standing Committee deliberate bills or reports, members of the Standing Committee may address inquiries to local state organs, and persons in charge of the relevant organs shall be present and reply to the inquiries. Relevant organs shall send the personnel to attend the sessions to hear the opinions and reply to the inquiries when the group meetings conduct deliberations.

Article 35

For the purpose of major issues related to reform, development, and stability, and to the immediate interests of the people, and of common concern to the public, the Standing Committee may conduct special inquiries at the sessions of the Standing Committee.

In response to issues of special inquiries, persons in charge of the Municipal People’s Government and the relevant departments under its jurisdiction, the Municipal Supervision Commission, the Municipal High People’s Court, and the Municipal People’s Procuratorate shall attend the sessions to hear the opinions and reply to the inquiries.

Consultations brought in special inquiries shall be submitted to the relevant organs for consideration and disposition, and the relevant organs shall submit the consideration and deposition reports to the Standing Committee in a timely manner. These reports may, when necessary, be required by the Chairperson’s Meeting to be submitted to the Standing Committee for deliberations and resolutions.

Article 36

In accordance with the work arrangements of the Standing Committee or as authorized by the Chairperson’s Meeting, the specialized committees of the Municipal People’s Congress may carry out investigations and inquiries on relevant issues and submit reports on the investigations and inquiries.

Article 37

Five or more members of the Standing Committee may jointly address written inquiries to the Standing Committee against the Municipal People’s Government and the relevant departments under its jurisdiction, the Municipal Supervision Commission, the Municipal High People’s Court and Intermediate People’s Court, the Municipal People’s Procuratorate and branches of the Municipal People’s Procuratorates during sessions of the Standing Committee.

Article 38

The party questioned, the issue, and the content shall be specified in a written inquiry.

Article 39

The Chairperson’s Meeting shall decide whether the inquiries shall be submitted to and orally answered by persons in charge of the inquired organs at sessions of the Standing Committee or before specialized committees, or be submitted to the inquired organs for written replies.

The inquired organs shall generally give oral answers or written replies during the current session of the Standing Committee, or at least before the recess of the next session of the Standing Committee.

Article 40

Where a written inquiry is answered orally, the person in charge of the inquired organ shall be summoned to answer the question. Where a written inquiry is answered orally at a session of a specialized committee, members of the Standing Committee who have addressed the written inquiry shall have the right to attend the session and make comments. The relevant specialized committee shall submit a report on the disposition of the inquiry to the Standing Committee or the Chairperson’s Meeting.

Where a written inquiry is replied to in writing, it shall be signed by the person in charge of the inquired organ.

The Chairperson’s Meeting may, when deeming necessary, print and distribute reports on the disposition of the inquiry to sessions of the Standing Committee.

Article 41

Where the majority of members of the Standing Committee who have addressed the written inquiry are not satisfied with the answer or reply of the inquired organ, they may, upon decision by the Chairperson’s Meeting, demand another answer  or reply from the inquired organ.

Article 42

The Standing Committee may, when deemed necessary, organize an investigation committee on specific issues and make corresponding resolutions based on the reports prepared by the investigation committee.

Chapter VI  Delivery of Opinions and Voting

Article 43

Opinions delivered by members of the Standing Committee at sessions of the Standing Committee shall be ed on issues for deliberations determined for the sessions.

The relevant provisions of this Chapter shall apply to the delivery of opinions by persons who observe the sessions.

Article 44

The first speech on issues for deliberations made by members of the Standing Committee and persons who observe the sessions at a plenary meeting shall not exceed eight minutes and may be extended for another five minutes with the consent of the person presiding over the meeting. The second speech on the same issue shall not exceed five minutes.

The person who presides over the meeting may stop the speeches that exceed the time limit or are irrelevant to issues for deliberation.

Opinions delivered at sessions of the Standing Committee shall be recorded and archived by staff members of the working bodies of the Standing Committee. Opinions delivered at group meetings shall be summarized and compiled into session briefings after being checked and signed by addressers. A session briefing may be in print or electronic version.

Article 45

When bills are put to vote at the plenary meeting of the Standing Committee, members of the Standing Committee who have any opinion on the bills other than the bills on local rules may present their opinions upon the approval of the person who presides over the meeting, and the bills shall be put to vote after the opinions are presented. Where a supported bill needs editorial changes, it may be put to vote with the consent of the majority of the members of the Standing Committee. The adjusted text shall be examined and decided by the authorized Chairperson’s Meeting.

Article 46

Bills put to vote shall be adopted by a simple majority of all members of the Standing Committee.

Voting results shall be announced on the spot by the person presiding over the meeting.

Members of the Standing Committee present at the session shall participate in voting. Members of the Standing Committee may vote in the affirmative, vote in the negative, or abstain from voting when the bills are put to vote.

Article 47

If there is a bill of amendment among bills put to vote, such bill shall be voted on first.

Article 48

An appointment or removal proposal shall be voted on person by person or may, in the light of the actual circumstances, be voted on together.

Article 49

Bills shall be voted on at sessions of the Standing Committee in the manner of secret ballots by using voting devices. In case of any system failure of the voting devices being used, votes shall be cast by a show of hands or other manners.

Where members of the Standing Committee meet in session through the network video conference, votes shall be cast by a show of hands or other manners.

Article 50

Members of the Standing Committee shall not be held legally liable for their speeches or votes at sessions of the Standing Committee. Deputies to the National People’s Congress or to the Municipal People’s Congress shall not be held legally liable for their speeches at sessions of the Standing Committee.

Chapter VII  Publication

Article 51

Local rules adopted by the Standing Committee and matters concerning the election, by-election, resignation and removal of deputies to the Municipal People’s Congress shall be announced by the Standing Committee, and be published and made public through the major newspapers, broadcasting, television, and internet media of this Municipality.

Article 52

Announcements issued by the Standing Committee, local rules, resolutions, decisions and their explanations, reports on amendments, reports on the outcome of deliberations, and reports on review opinions adopted at sessions of the Standing Committee, the appointment and removal of staff members of state organs, and other matters shall be published in the Gazette of the Standing Committee and on the official website of Shanghai Municipal People’s Congress in a timely manner.

Chapter VIII  Supplementary Provisions

Article 53

The rights of interpretation and amendment of these Rules belong to the Standing Committee. Any issues arising from the implementation thereof shall be interpreted by the Chairperson's Meeting.

Article 54

These Rules shall be effective as of the date of adoption.