Cap. A3

Amendment to the Constitution of the People’s Republic of China (Adopted at the First Session of the Eighth National People’s Congress on March 29, 1993Published for Enforcement by the Announcement of the National People’s Congress on March 29, 1993) Editorial Notes: 1. This instrument was not given a chapter number under the Legislation Publication Ordinance (Cap. 614). An unofficial reference number, however, is assigned to this instrument in Hong Kong e-Legislation (http://www.elegislation.gov.hk) for identification purposes. This also enables users to carry out a search by reference to the unofficial reference number. 2. This English translation is reproduced from “The Laws of the People’s Republic of China 1993” compiled by the Legislative Affairs Commission of the Standing Committee of the National People’s Congress of the People’s Republic of China. It is for reference only and has no legislative effect. Article 3 The last two sentences of the seventh paragraph of the Preamble to the Constitution, which read: “The basic task of the nation in the years to come is to concentrate its effort on socialist modernization. Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought, the Chinese people of all nationalities will continue to adhere to the people’s democratic dictatorship and the socialist road, steadily improve socialist institutions, develop socialist democracy, improve the socialist legal system, and work hard and self-reliantly to modernize the country’s industry, agriculture, national defence and science and technology step by step to turn China into a socialist country with a high level of culture and democracy,” are revised as follows: “China is at the primary stage of socialism. The basic task of the nation is to concentrate its effort on socialist modernization in line with the theory of building socialism with Chinese characteristics. Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought, the Chinese people of all nationalities will continue to adhere to the people’s democratic dictatorship and the socialist road, persevere in reform and opening to the outside world, steadily improve socialist institutions, develop socialist democracy, improve the socialist legal system, and work hard and self-reliantly to modernize the country’s industry, agriculture, national defence and science and technology step by step to turn China into a socialist country that is prosperous, powerful, democratic and culturally advanced.” Article 4 At the end of the tenth paragraph of the Preamble to the Constitution is added: “The system of the multi-party cooperation and political consultation led by the Communist Party of China will exist and develop for a long time to come.” Article 5 Article 7 of the Constitution, which reads: “The state economy is the sector of socialist economy under ownership by the whole people; it is the leading force in the national economy. The state ensures the consolidation and growth of the state economy,” is revised as follows: “The state-owned economy, namely, the socialist economy under ownership by the whole people, is the leading force in the national economy. The state ensures the consolidation and growth of the state-owned economy.” Article 6 The first paragraph of Article 8 of the Constitution, which reads: “Rural people’s communes, agricultural producers’ cooperatives and other forms of cooperative economy, such as producers’, supply and marketing, credit and consumers’ cooperatives, belong to the sector of socialist economy under collective ownership by the working people. Working people who are members of rural economic collectives have the right, within the limits prescribed by law, to farm plots of cropland and hilly land allotted for their private use, engage in household sideline production and raise privately owned livestock,” is revised as follows: “In rural areas the responsibility system, the main form of which is household contract that links remuneration to output, and other forms of cooperative economy, such as producers’, supply and marketing, credit and consumers’ co-operatives, belong to the sector of socialist economy under collective ownership by the working people. Working people who are members of rural economic collectives have the right, within the limits prescribed by law, to farm plots of cropland and hilly land allotted for their private use, engage in household sideline production and raise privately owned livestock.” Article 7 Article 15 of the Constitution, which reads: “The state practises planned economy on the basis of socialist public ownership. It ensures the proportionate and coordinated growth of the national economy through overall balancing by economic planning and the supplementary role of regulation by the market.” “Disturbance of the socio-economic order or disruption of the state economic plan by any organization or individual is prohibited,” is revised as follows: “The state practises socialist market economy.” “The state strengthens economic legislation, improves macro-regulation and control, and prohibits in accordance with the law any organization or individual from disturbing the socio-economic order.” Article 8 Article 16 of the Constitution, which reads: “State enterprises have decision-making power with regard to operation and management within the limits prescribed by law, on condition that they submit to unified leadership by the state and fulfill all their obligations under the state plan. State enterprises practise democratic management through congresses of workers and staff and in other ways in accordance with the law,” is revised as follows: “State-owned enterprises have decision-making power with regard to their operation within the limits prescribed by law. State-owned enterprises practise democratic management through congresses of workers and staff and in other ways in accordance with the law.” Article 9 Article 17 of the Constitution, which reads: “Collective economic organizations have decision-making power in conducting independent economic activities, on condition that they accept the guidance of the state plan and abide by the relevant laws.” “Collective economic organizations practise democratic management in accordance with the law. The entire body of their workers elects or removes their managerial personnel and decides on major issues concerning operation and management,” is revised as follows: “Collective economic organizations have decision-making power in conducting independent economic activities, on condition that they abide by the relevant laws. Collective economic organizations practise democratic management and in accordance with the law, elect or remove their managerial personnel and decide on major issues concerning operation and management.” Article 10 The third paragraph of Article 42 of the Constitution, which reads: “Work is a matter of honour for every citizen who is able to work. All working people in state enterprises and in urban and rural economic collectives should approach their work as the masters of the country that they are. The state promotes socialist labour emulation, and commends and rewards model and advanced workers. The state encourages citizens to take part in voluntary labour,” is revised as follows: “Work is a matter of honour for every citizen who is able to work. All working people in state-owned enterprises and in urban and rural economic collectives should approach their work as the masters of the country that they are. The state promotes socialist labour emulation, and commends and rewards model and advanced workers. The state encourages citizens to take part in voluntary labour.” Article 11 Article 98 of the Constitution, which reads: “The term of office of the people’s congresses of provinces, municipalities directly under the Central Government and cities divided into districts is five years. The term of office of the people’s congresses of counties, cities not divided into districts, municipal districts, townships, nationality townships, and towns is three years,” is revised as follows: “The term of office of the people’s congresses of provinces, municipalities directly under the Central Government, counties, cities and municipal districts is five years. The term of office of the people’s congresses of townships, nationality townships and towns is three years.”