法律文本

中华人民共和国村民委员会组织法（2018修正）

Law of the People's Republic of China on the Organization of Villagers Committees (2018 Revision)

（1998年11月4日第九届全国人民代表大会常务委员会第五次会议通过 2010年10月28日第十一届全国人民代表大会常务委员会第十七次会议修订 根据2018年12月29日第十三届全国人民代表大会常务委员会第七次会议《关于修改〈中华人民共和国村民委员会组织法〉〈中华人民共和国城市居民委员会组织法〉的决定》修正）

(Adopted at the 5th Meeting of the Standing Committee of the 9th National People's Congress on November 4, 1998; revised at the 17th Meeting of the Standing Committee of the 11th National People's Congress on October 28, 2010; and revised according to the Decision on Revising the Organic Law of the Villagers' Committees of the People's Republic of China and the Organic Law of the Urban Residents' Committees of the People's Republic of China adopted at the 7th Meeting of the Standing Committee of the 13th National People's Congress on December 29, 2018)

第一章 总 则

Chapter 1 General Provisions

第一条   为了保障农村村民实行自治，由村民依法办理自己的事情，发展农村基层民主，维护村民的合法权益，促进社会主义新农村建设，根据宪法，制定本法。

Article 1 This Law is enacted in accordance with the Constitution with a view to ensuring self-government by the villagers in the countryside, who will administer their own affairs according to law, developing democracy at the grassroots level in the countryside, safeguarding their lawful rights and interests and promoting the building of a new socialist countryside.

第二条   村民委员会是村民自我管理、自我教育、自我服务的基层群众性自治组织，实行民主选举、民主决策、民主管理、民主监督。

Article 2 A villagers' committee is the primary mass organization of self-government, in which the villagers manage their own affairs, educate themselves and serve their own needs and in which election is conducted, decision adopted, administration maintained and supervision exercised by democratic means.

村民委员会办理本村的公共事务和公益事业，调解民间纠纷，协助维护社会治安，向人民政府反映村民的意见、要求和提出建议。

A villagers committee shall manage the public affairs and public welfare undertakings of the village, mediate disputes among the villagers, help maintain public order, and convey the villagers' opinions and demands and make suggestions to the people's government.

村民委员会向村民会议、村民代表会议负责并报告工作。

A villagers' committee shall report its work to the villagers' assembly and the assembly of villagers' representatives.

第三条   村民委员会根据村民居住状况、人口多少，按照便于群众自治，有利于经济发展和社会管理的原则设立。

Article 3 A villagers committee shall be established on the basis of the residential areas of the villagers, the size of the population, and the principles of facilitating self-government by the masses as well as economic development and social administration.

村民委员会的设立、撤销、范围调整，由乡、民族乡、镇的人民政府提出，经村民会议讨论同意，报县级人民政府批准。

The establishment or dissolution of a villagers committee or a readjustment in the area governed by it shall be proposed by the people's government of a township, a nationality township or a town and submitted to a people's government at the county level for approval after it is discussed and agreed to by a villagers assembly.

村民委员会可以根据村民居住状况、集体土地所有权关系等分设若干村民小组。

A villagers committee may, on the basis of the residential areas of the villagers and collective land ownership relations, establish a number of villagers groups.

第四条   中国共产党在农村的基层组织，按照中国共产党章程进行工作，发挥领导核心作用，领导和支持村民委员会行使职权；依照宪法和法律，支持和保障村民开展自治活动、直接行使民主权利。

Article 4 The primary organization of the Communist Party of China in the countryside shall carry out its work in accordance with the Constitution of the Communist Party of China, playing its role as a leading nucleus to lead and support villagers' committees to exercise its functions and powers, and, in accordance with the Constitution and laws, support the villagers and ensure that they carry out self-government activities and exercise their democratic rights directly.

第五条   乡、民族乡、镇的人民政府对村民委员会的工作给予指导、支持和帮助，但是不得干预依法属于村民自治范围内的事项。

Article 5 The people's government of a township, a nationality township or a town shall guide, support and help the villagers committees in their work, but may not interfere with the affairs that lawfully fall within the scope of the villagers self-government.

村民委员会协助乡、民族乡、镇的人民政府开展工作。

The villagers committees, on their part, shall assist the said people's government in its work.

第二章 村民委员会的组成和职责

Chapter 2 Composition and Duties of the Villagers’ Committee

第六条   村民委员会由主任、副主任和委员共三至七人组成。

Article 6 A villagers' committee shall be composed of three to seven members, including the chairman, the vice-chairman and the members.

村民委员会成员中，应当有妇女成员，多民族村民居住的村应当有人数较少的民族的成员。

The members of a villagers committee shall include a woman member or, in a village where people from more than one ethnic group live, a member or members from the ethnic group or groups with a smaller population.

对村民委员会成员，根据工作情况，给予适当补贴。

For members of a villagers' committee, appropriate subsidies may be provided, where necessary.

第七条   村民委员会根据需要设人民调解、治安保卫、公共卫生与计划生育等委员会。村民委员会成员可以兼任下属委员会的成员。人口少的村的村民委员会可以不设下属委员会，由村民委员会成员分工负责人民调解、治安保卫、公共卫生与计划生育等工作。

Article 7 A villagers committee shall, when necessary, establish sub-committees for people's mediation, public security, public health, family planning, etc. Members of the villagers' committee may concurrently be members of the sub-committees. The villagers committee of a village with a small population may dispense with the sub-committees; instead, members of the villagers committee shall have a division of responsibilities with respect to people's mediation, public security, public health, family planning, etc.

第八条   村民委员会应当支持和组织村民依法发展各种形式的合作经济和其他经济，承担本村生产的服务和协调工作，促进农村生产建设和经济发展。

Article 8 The villagers committee shall support the villagers and assist them in their efforts to set up various forms of co-operative and other economic undertakings in accordance with the law, provide services and coordination for production in the village, and promote rural production and construction and the economic development.

村民委员会依照法律规定，管理本村属于村农民集体所有的土地和其他财产，引导村民合理利用自然资源，保护和改善生态环境。

The villagers committee shall, in accordance with the provisions of laws, administer the affairs concerning the land and other property owned collectively by the peasants of the village and guide the villagers in rational utilization of the natural resources and protection and improvement of the ecological environment.

村民委员会应当尊重并支持集体经济组织依法独立进行经济活动的自主权，维护以家庭承包经营为基础、统分结合的双层经营体制，保障集体经济组织和村民、承包经营户、联户或者合伙的合法财产权和其他合法权益。

The villagers committee shall respect and support the decision-making power of the collective economic organizations in conducting their economic activities independently according to law, safeguard the dual operation system characterized by the combination of centralized operation with decentralized operation on the basis of operation by households under a contract, and ensure the lawful property right and other lawful rights and interests of the collective economic organizations, villagers, households operating under a contract, associated households, and partnerships.

第九条   村民委员会应当宣传宪法、法律、法规和国家的政策，教育和推动村民履行法律规定的义务、爱护公共财产，维护村民的合法权益，发展文化教育，普及科技知识，促进男女平等，做好计划生育工作，促进村与村之间的团结、互助，开展多种形式的社会主义精神文明建设活动。

Article 9 The villagers committee shall publicize the Constitution, laws, regulations and State policies among the villagers; help them understand the importance of performing their obligation as proscribed by law and cherishing public property and encourage them to do so; safeguard the villagers' lawful rights and interests; develop culture and education, and disseminate scientific and technological knowledge among the villagers; promote equality between men and women; do a good job in family planning; promote unity and mutual assistance between villages; and carry out various forms of activities for the building of advanced socialist ethics.

村民委员会应当支持服务性、公益性、互助性社会组织依法开展活动，推动农村社区建设。

Villagers' committees shall support service, community and mutual social organisations in carrying out activities pursuant to the law, and promote development of community in rural areas.

多民族村民居住的村，村民委员会应当教育和引导各民族村民增进团结、互相尊重、互相帮助。

In a village where people from more than one ethnic group live, the villagers committee shall help the villagers understand the importance of enhancing unity, mutual respect and mutual assistance among the ethnic groups and give them guidance in this respect.

第十条   村民委员会及其成员应当遵守宪法、法律、法规和国家的政策，遵守并组织实施村民自治章程、村规民约，执行村民会议、村民代表会议的决定、决议，办事公道，廉洁奉公，热心为村民服务，接受村民监督。

Article 10 A villagers' committee and its members shall observe the Constitution, laws, regulations and policies of the State, observe and organize the implementation of the charter of villagers' self-governance and village rules and regulations, implement the decisions and resolutions of the villagers' assembly and the assembly of villagers' representatives, and shall be impartial in handling affairs, honest in performing their duties and warmhearted in serving the villagers, and accept the supervision by the villagers.

第三章 村民委员会的选举

Chapter 3 Election of a Villagers' Committee

第十一条   村民委员会主任、副主任和委员，由村民直接选举产生。任何组织或者个人不得指定、委派或者撤换村民委员会成员。

Article 11 The chairman, vice-chairman (vice-chairmen) and members of a villagers committee shall be elected directly by the villagers. No organization or individual may designate, appoint or replace any member of a villagers' committee.

村民委员会每届任期五年，届满应当及时举行换届选举。村民委员会成员可以连选连任。

The villagers' committee is elected for a term of five years. Re-election shall be held upon the expiration of each term. Members of a villagers' committee may continue to hold office when reelected.

第十二条   村民委员会的选举，由村民选举委员会主持。

Article 12 The election of the villagers' committee shall be presided over by the villagers' election committee.

村民选举委员会由主任和委员组成，由村民会议、村民代表会议或者各村民小组会议推选产生。

A villagers' election committee shall be composed of the chairman and members and shall be elected by the villagers' assembly, assembly of villagers' representatives or by all the villagers' groups.

村民选举委员会成员被提名为村民委员会成员候选人，应当退出村民选举委员会。

Any member nominated as the candidate for the villagers' committee shall resign from the villagers' election committee.

村民选举委员会成员退出村民选举委员会或者因其他原因出缺的，按照原推选结果依次递补，也可以另行推选。

In the event that any member of the villagers' election committee withdraws from the villagers' election committee or is absent due to other reasons, the vacancies may be filled according to the original election result in turn, or another election may be held.

第十三条   年满十八周岁的村民，不分民族、种族、性别、职业、家庭出身、宗教信仰、教育程度、财产状况、居住期限，都有选举权和被选举权；但是，依照法律被剥夺政治权利的人除外。

Article 13 Any villager who has reached the age of 18 shall have the right to elect and stand for election, regardless of his ethnic status, race, sex, occupation, family background, religious belief, education, property status and length of residence, with the exception of persons who have been deprived of political rights in accordance with law.

村民委员会选举前，应当对下列人员进行登记，列入参加选举的村民名单：

The following persons shall be registered and included in the name list of villagers participating in the election prior to the election of the villagers' committee:

（一）户籍在本村并且在本村居住的村民；

1. villagers whose household registration place is in the village they live in;

（二）户籍在本村，不在本村居住，本人表示参加选举的村民；

2. villagers who will participate in the election even if they do not live in the village registered as their household registration place; and

（三）户籍不在本村，在本村居住一年以上，本人申请参加选举，并且经村民会议或者村民代表会议同意参加选举的公民。

(III) citizens who have resided in the village not registered as their household registration place for more than one year and personally apply to take part in the election and whose election is approved by a villagers' assembly or assembly of villagers' representatives.

已在户籍所在村或者居住村登记参加选举的村民，不得再参加其他地方村民委员会的选举。

Villagers who are registered as the election participants in the village, which is registered as their household registration place or is the place they live in, shall not participate in the election of the villagers' committee of any other village.

第十四条   登记参加选举的村民名单应当在选举日的二十日前由村民选举委员会公布。

Article 14 The name list of the villagers who are registered as the election participants shall be made public 20 days prior to the date of election by the villagers' election committee.

对登记参加选举的村民名单有异议的，应当自名单公布之日起五日内向村民选举委员会申诉，村民选举委员会应当自收到申诉之日起三日内作出处理决定，并公布处理结果。

In case of any objection to the name list of villagers registered as the election participants, an appeal shall, within five days since the promulgation of the name list, be filed to the villager election committee, which shall, within three days since the receipt of the appeal, make and announce the decision for handling.

第十五条   选举村民委员会，由登记参加选举的村民直接提名候选人。村民提名候选人，应当从全体村民利益出发，推荐奉公守法、品行良好、公道正派、热心公益、具有一定文化水平和工作能力的村民为候选人。候选人的名额应当多于应选名额。村民选举委员会应当组织候选人与村民见面，由候选人介绍履行职责的设想，回答村民提出的问题。

Article 15 For election of a villagers committee, the villagers who have the right to elect in the village shall nominate candidates directly. When the villagers nominate candidates, they shall start from the interests of all the villagers and recommend law-abiding, well-behaved, upright, public-spirited, well-educated and competent villagers. The number of candidates shall be greater than the number of persons to be elected. The villagers' election committee shall arrange for candidates to meet with villagers, at which the candidates shall introduce their ideas about the duty performance and answer questions raised by villagers.

选举村民委员会，有登记参加选举的村民过半数投票，选举有效；候选人获得参加投票的村民过半数的选票，始得当选。当选人数不足应选名额的，不足的名额另行选举。另行选举的，第一次投票未当选的人员得票多的为候选人，候选人以得票多的当选，但是所得票数不得少于已投选票总数的三分之一。

The election of a villagers committee shall be valid if more than half of the villagers who are registered as the election participants cast their votes; a candidate shall be elected only if he wins more than half of the votes cast by the villagers. In the event that the elected persons are less than the number of persons to be elected, another election shall be held to make up the difference. Where another election is held, those who fail to get elected at the first election shall be candidates who have obtained more votes, and those candidates who have obtained more votes shall be considered elected, provided that the votes they have obtained shall not be less than one-third of the total votes cast.

选举实行无记名投票、公开计票的方法，选举结果应当当场公布。选举时，应当设立秘密写票处。

The election shall be by secret ballot and open vote-counting; the outcome of the election shall be announced on the spot. During the election, booths shall be installed for voters to write their ballots in private.

登记参加选举的村民，选举期间外出不能参加投票的，可以书面委托本村有选举权的近亲属代为投票。村民选举委员会应当公布委托人和受委托人的名单。

Any villager who is registered as the election participant but cannot participate in the voting as he or she is absent during the election may entrust in writing his or her immediate family member with voting right in the village to vote on his or her behalf. The villager electoral committee shall make the name list of principals and trustees public.

具体选举办法由省、自治区、直辖市的人民代表大会常务委员会规定。

Specific electoral measures shall be prescribed by the standing committees of the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government.

第十六条   本村五分之一以上有选举权的村民或者三分之一以上的村民代表联名，可以提出罢免村民委员会成员的要求，并说明要求罢免的理由。被提出罢免的村民委员会成员有权提出申辩意见。

Article 16 A group of at least one-fifth of the villagers who have the right to elect or at least one-third of the villagers' representatives in the village may submit a request to have a member of the villagers' committee recalled and state the reasons for the recall. The member of the villagers committee to be recalled shall have the right to defend himself or herself.

罢免村民委员会成员，须有登记参加选举的村民过半数投票，并须经投票的村民过半数通过。

The removal of any member of the villagers' committee shall be voted by more than half of the villagers registered as the election participants and shall be adopted by more than half of the voting villagers.

第十七条   以暴力、威胁、欺骗、贿赂、伪造选票、虚报选举票数等不正当手段当选村民委员会成员的，当选无效。

Article 17 If a person is elected as a member of the villagers' committee by violence, threat, deception, bribery, forging of ballots, false declaration of ballots or other illegitimate means, his election shall be invalid.

对以暴力、威胁、欺骗、贿赂、伪造选票、虚报选举票数等不正当手段，妨害村民行使选举权、被选举权，破坏村民委员会选举的行为，村民有权向乡、民族乡、镇的人民代表大会和人民政府或者县级人民代表大会常务委员会和人民政府及其有关主管部门举报，由乡级或者县级人民政府负责调查并依法处理。

If a person, by violence, threat, deception, bribery, forging of ballots, false declaration of ballots or other illegitimate means, interferes with the villagers in the exercise of their rights to elect and to stand for election, the villagers shall have the right to report against him to the people 's congress, the people's government of the township, nationality township or town, or to the standing committee of the people's congress and the people's government at the county level or the competent department under the latter, which shall be responsible for investigating the matter and handling it in accordance with law.

第十八条   村民委员会成员丧失行为能力或者被判处刑罚的，其职务自行终止。

Article 18 Where a member of the villagers' committee loses the capacity for conduct or is given a criminal penalty, his or her post shall be terminated automatically.

第十九条   村民委员会成员出缺，可以由村民会议或者村民代表会议进行补选。补选程序参照本法第十五条的规定办理。补选的村民委员会成员的任期到本届村民委员会任期届满时止。

Article 19 In case of any vacancy of members of the villagers' committee, an election may be held by the villagers' assembly or assembly of villagers' representatives for supplementation. The by-elections shall be conducted with reference to Article 15 of this Law. The term of the by-elected member of the villagers' committee shall expire on the expiration of the term of the current villagers' committee.

第二十条   村民委员会应当自新一届村民委员会产生之日起十日内完成工作移交。工作移交由村民选举委员会主持，由乡、民族乡、镇的人民政府监督。

Article 20 A villagers' committee shall complete work handover within 10 days after the establishment of a new villagers' committee. The work handover shall be presided over by a villager electoral committee, and be supervised by the people's government of the township, ethnic township or town.

第四章 村民会议和村民代表会议

Chapter 4 Villagers' Assembly and Assembly of Villagers' Representatives

第二十一条   村民会议由本村十八周岁以上的村民组成。

Article 21 A villagers assembly shall be composed of villagers at or above the age of 18 in a village.

村民会议由村民委员会召集。有十分之一以上的村民或者三分之一以上的村民代表提议，应当召集村民会议。召集村民会议，应当提前十天通知村民。

The villagers assembly shall be convened by the villagers committee. When proposed by over one tenth of the villagers or one third villagers' representatives, the villagers' assembly shall be convened. Villagers shall be notified of the convening of the villagers' assembly ten days in advance.

第二十二条   召开村民会议，应当有本村十八周岁以上村民的过半数，或者本村三分之二以上的户的代表参加，村民会议所作决定应当经到会人员的过半数通过。法律对召开村民会议及作出决定另有规定的，依照其规定。

Article 22 The villagers assembly shall be convened with a simple majority participation of the villagers at or above the age of 18 or with the participation of the representatives from at least two-thirds of the households in the village, and every decision shall be adopted by a simple majority vote of the villagers present. If any law otherwise provides for the villagers' assembly and the decision, such provisions shall prevail.

召开村民会议，根据需要可以邀请驻本村的企业、事业单位和群众组织派代表列席。

When necessary, the representatives of the enterprises, institutions and mass organizations located in the village may be invited to attend the villagers assembly without the right to vote.

第二十三条   村民会议审议村民委员会的年度工作报告，评议村民委员会成员的工作；有权撤销或者变更村民委员会不适当的决定；有权撤销或者变更村民代表会议不适当的决定。

Article 23 The villagers assembly shall deliberate on the annual work report of the villagers committee and appraise the performance of its members and, have the right to withdraw or change any improper decision of the villagers committee as well as that of the assembly of villagers' representatives.

村民会议可以授权村民代表会议审议村民委员会的年度工作报告，评议村民委员会成员的工作，撤销或者变更村民委员会不适当的决定。

The villagers' assembly may authorize the assembly of villagers' representatives to deliberate upon the annual work report of the villagers' committee and appraise the performance of its members and, have the right to withdraw or change any improper decision of the villagers' committee.

第二十四条   涉及村民利益的下列事项，经村民会议讨论决定方可办理：

Article 24 When the following matters that involve the interests of the villagers arise, they shall be handled upon discussion and decision of the villagers' assembly:

（一）本村享受误工补贴的人员及补贴标准；

1. the persons who enjoy subsidies for work delayed and the rates for such subsidies;

（二）从村集体经济所得收益的使用；

2. use of the profits gained by the collective economic organizations of the village;

（三）本村公益事业的兴办和筹资筹劳方案及建设承包方案；

3. initiation of public welfare undertakings in the village, proposals for raising funds and labors as well as proposals for construction contracting;

（四）土地承包经营方案；

(IV) proposals for land contractual management;

（五）村集体经济项目的立项、承包方案；

(V) decision on projects to be launched by the collective economic organizations of the village and proposals for contracting of the projects;

（六）宅基地的使用方案；

(VI) proposals for the use of house sites;

（七）征地补偿费的使用、分配方案；

(VII) proposals for the use and distribution of land requisition compensation;

（八）以借贷、租赁或者其他方式处分村集体财产；

(VIII) disposal of collective properties of the village through loan, lease or in any other way; and

（九）村民会议认为应当由村民会议讨论决定的涉及村民利益的其他事项。

(IX) other matters that involve the interests of the villagers and on which the villagers assembly considers it necessary to make decisions through discussion.

村民会议可以授权村民代表会议讨论决定前款规定的事项。

The villagers' assembly may authorize the assembly of villagers' representatives to discuss and decide the matters specified in the preceding clause.

法律对讨论决定村集体经济组织财产和成员权益的事项另有规定的，依照其规定。

If any law otherwise provides for decision of matters about properties of collective economic organizations of the village and interests of members thereof upon discussion, such provision shall prevail.

第二十五条   人数较多或者居住分散的村，可以设立村民代表会议，讨论决定村民会议授权的事项。村民代表会议由村民委员会成员和村民代表组成，村民代表应当占村民代表会议组成人员的五分之四以上，妇女村民代表应当占村民代表会议组成人员的三分之一以上。

Article 25 In a village with a larger population or with the inhabitants scattered here and there, an assembly of villagers' representatives may be set up to discuss and decide matters authorized by the villagers' assembly. The assembly of villagers' representatives shall be composed of members of the villagers' committee and villagers' representatives. Villagers' representatives shall account for over four fifths of members of the assembly of villagers' representatives, and female villagers' representatives shall account for over one third of members of the assembly of villagers' representatives.

村民代表由村民按每五户至十五户推选一人，或者由各村民小组推选若干人。村民代表的任期与村民委员会的任期相同。村民代表可以连选连任。

One villagers representative shall be elected by every five to fifteen households, or a certain number of villagers representatives shall be elected by all the villagers groups. The term of office of the villagers’ representatives shall be the same as that of the villagers’ committee. Village representatives may be re-elected for another term.

村民代表应当向其推选户或者村民小组负责，接受村民监督。

Village representatives shall be responsible for households electing them or village groups and be subject to villagers' supervision.

第二十六条   村民代表会议由村民委员会召集。村民代表会议每季度召开一次。有五分之一以上的村民代表提议，应当召集村民代表会议。

Article 26 The village representative conference shall be called by villagers' committee. The village representative conference shall be held once every quarter. When proposed by over one fifth of villagers' representatives, the village representative conference shall be convened.

村民代表会议有三分之二以上的组成人员参加方可召开，所作决定应当经到会人员的过半数同意。

The village representative conference can be convened only when over two thirds of its members attend, and any decision made by it shall be agreed by a simple majority of the members present.

第二十七条   村民会议可以制定和修改村民自治章程、村规民约，并报乡、民族乡、镇的人民政府备案。

Article 27 A villagers assembly may formulate and revise the villagers charter of self-government, rules and regulations for the village and villagers pledges, and submit them to the people's government of the township, nationality township or town for the record.

村民自治章程、村规民约以及村民会议或者村民代表会议的决定不得与宪法、法律、法规和国家的政策相抵触，不得有侵犯村民的人身权利、民主权利和合法财产权利的内容。

No charter of villagers' self-governance, village rules and regulations or matters decided through discussion by a villagers' assembly or assembly of villagers' representatives may contravene the Constitution, laws, regulations, or State policies, or contain such contents as infringing upon the villagers' rights of the person, their democratic rights or lawful property rights.

村民自治章程、村规民约以及村民会议或者村民代表会议的决定违反前款规定的，由乡、民族乡、镇的人民政府责令改正。

Where the charter of villagers' self-governance, rules and regulations for the village or matters decided through discussion by a villagers' assembly or assembly of villagers' representatives breach the preceding paragraph, the people's government of the township, ethnic township or town shall order the villagers' assembly to make corrections.

第二十八条   召开村民小组会议，应当有本村民小组十八周岁以上的村民三分之二以上，或者本村民小组三分之二以上的户的代表参加，所作决定应当经到会人员的过半数同意。

Article 28 Where the meeting of the villager group is convened, over two thirds of villagers above the age of 18 of the villager group or representatives of over two thirds of households of the villager group shall attend the meeting, and the decision made at the meeting shall be approved by a simple majority of attendees.

村民小组组长由村民小组会议推选。村民小组组长任期与村民委员会的任期相同，可以连选连任。

The leader of the villager group shall be elected at the meeting of the villager group. The term of office of the leader of a villager group shall be the same as that of the villagers' committee, and be renewable upon reelection.

属于村民小组的集体所有的土地、企业和其他财产的经营管理以及公益事项的办理，由村民小组会议依照有关法律的规定讨论决定，所作决定及实施情况应当及时向本村民小组的村民公布。

The operation management of land, enterprise and other property collectively owned by a villager group and the handling of public welfare matters shall be decided through discussion at the meeting of the villager group in accordance with the relevant laws, and the decision made at such meeting and implementation thereof shall be timely announced to the villagers of the villager group.

第五章 民主管理和民主监督

Chapter 5 Democratic Management and Democratic Supervision

第二十九条   村民委员会应当实行少数服从多数的民主决策机制和公开透明的工作原则，建立健全各种工作制度。

Article 29 A villagers' committee shall implement the democratic decision-making mechanism in which the minority is subordinate to the majority and the work principle of openness and transparency, and establish and improve various work systems.

第三十条   村民委员会实行村务公开制度。

Article 30 The villagers committee shall apply the system of open administration of village affairs.

村民委员会应当及时公布下列事项，接受村民的监督：

The villagers committee shall accept supervision by the villagers through publicizing the following matters without delay:

（一）本法第二十三条、第二十四条规定的由村民会议、村民代表会议讨论决定的事项及其实施情况；

1. matters discussed and decided by the villagers' assembly and assembly of villagers' representatives as provided for in Articles 23 and 24 hereof, and implementation of the decisions;

（二）国家计划生育政策的落实方案；

2. plans for implementing the State policy for family planning;

（三）政府拨付和接受社会捐赠的救灾救助、补贴补助等资金、物资的管理使用情况；

(III) management and use of funds and materials such as those of disaster relief and subsidies appropriated by the government or donated by the public; and

（四）村民委员会协助人民政府开展工作的情况；

(IV) work of the villagers' committee assisting the people's government; and

（五）涉及本村村民利益，村民普遍关心的其他事项。

(V) other matters that involve the interests of the villagers and that all the villagers are concerned about.

前款规定事项中，一般事项至少每季度公布一次；集体财务往来较多的，财务收支情况应当每月公布一次；涉及村民利益的重大事项应当随时公布。

General matters specified in the preceding clause shall be publicized once a quarter at least; financial revenues and expenditures of matters with many collective financial transactions shall be publicized once a month and, important matters that involve the interests of the villagers shall be publicized at any time.

村民委员会应当保证所公布事项的真实性，并接受村民的查询。

The villagers committee shall guarantee the truthfulness of what is publicized and subject itself to inquiry by the villagers.

第三十一条   村民委员会不及时公布应当公布的事项或者公布的事项不真实的，村民有权向乡、民族乡、镇的人民政府或者县级人民政府及其有关主管部门反映，有关人民政府或者主管部门应当负责调查核实，责令依法公布；经查证确有违法行为的，有关人员应当依法承担责任。

Article 31 Where a villagers committee fails to publicize the matters as is required to without delay or if the matters it publicizes are not true to facts, the villagers shall have the right to report the matter to the people's government of the township, nationality township or town or the people's government at the county level and the competent departments under it, which shall be responsible for investigation and verification and order that the matters be publicized according to law; where unlawful acts are verified through investigation, the members concerned shall bear the responsibility according to law.

第三十二条   村应当建立村务监督委员会或者其他形式的村务监督机构，负责村民民主理财，监督村务公开等制度的落实，其成员由村民会议或者村民代表会议在村民中推选产生，其中应有具备财会、管理知识的人员。村民委员会成员及其近亲属不得担任村务监督机构成员。村务监督机构成员向村民会议和村民代表会议负责，可以列席村民委员会会议。

Article 32 The village shall establish village affairs supervision commission or a village affairs supervision organization in any other form, which shall be responsible for democratic financial management of villagers and supervising the implementation of systems including open village affairs. Members of the committee shall be elected from villagers by the villagers' assembly or assembly of villagers' representatives, and include personnel with accounting and management knowledge. Members and close relatives of the villagers' committee shall not serve as members of the village affairs supervision organization. Members of the village affairs supervision organization shall report to the village assembly and village representative conference, and may attend village committee meetings as non-voting delegates.

第三十三条   村民委员会成员以及由村民或者村集体承担误工补贴的聘用人员，应当接受村民会议或者村民代表会议对其履行职责情况的民主评议。民主评议每年至少进行一次，由村务监督机构主持。

Article 33 Members of a villagers' committee as well as employees with subsidies for work delayed undertaken by villagers or the village shall accept the democratic appraisal of their performance of duties by the villagers' assembly or the assembly of villagers' representatives. The democratic appraisal shall be conducted at least once a year and be presided over by the village affairs supervision organization.

村民委员会成员连续两次被评议不称职的，其职务终止。

If any member of the villagers' committee is appraised as incompetent for two consecutive times, his or her position will be terminated.

第三十四条   村民委员会和村务监督机构应当建立村务档案。村务档案包括：选举文件和选票，会议记录，土地发包方案和承包合同，经济合同，集体财务账目，集体资产登记文件，公益设施基本资料，基本建设资料，宅基地使用方案，征地补偿费使用及分配方案等。村务档案应当真实、准确、完整、规范。

Article 34 The villagers' committee and village affairs supervision organization shall establish village affairs files. Village affairs archives include documents of election, votes, meeting minutes, land contracting proposals and contracting contracts, economic contract, collective financial accounts, collective asset registration documents, basic information on public facilities, basic construction materials, house site use proposals, and proposals for use and distribution of land requisition compensations. Village affairs files shall be authentic, accurate, complete and standardized.

第三十五条   村民委员会成员实行任期和离任经济责任审计，审计包括下列事项：

Article 35 The audit of economic responsibility of assumption and dismissal of members of a villagers' committee shall be conducted for members of the villagers' committee, and include the following matters:

（一）本村财务收支情况；

1. financial revenues and expenditures of the village;

（二）本村债权债务情况；

2. claims and debts of the village;

（三）政府拨付和接受社会捐赠的资金、物资管理使用情况；

3. Management and use of funds and materials appropriated by the government and obtained from social donations;

（四）本村生产经营和建设项目的发包管理以及公益事业建设项目招标投标情况；

4. contracting management of production, operation and construction projects of the village and bidding and tendering of construction projects of public welfare undertakings;

（五）本村资金管理使用以及本村集体资产、资源的承包、租赁、担保、出让情况，征地补偿费的使用、分配情况；

(V) management and use of funds of the village, contracting, lease, guarantee and transfer of collective assets and resources of the village, and use and distribution of land requisition compensations; and

（六）本村五分之一以上的村民要求审计的其他事项。

(VI) other matters that over one fifth villagers require auditing.

村民委员会成员的任期和离任经济责任审计，由县级人民政府农业部门、财政部门或者乡、民族乡、镇的人民政府负责组织，审计结果应当公布，其中离任经济责任审计结果应当在下一届村民委员会选举之前公布。

The audit of economic responsibility of assumption and dismissal of members of a villagers' committee shall be organized by the department of agriculture and the department of finance under the people's government at the county level or the people's government of the township, ethnic township or town, and audit results shall be made public. Therein, audit results of economic responsibility of dismissal of members of a villagers' committee shall be public before the election of next villagers' committee.

第三十六条   村民委员会或者村民委员会成员作出的决定侵害村民合法权益的，受侵害的村民可以申请人民法院予以撤销，责任人依法承担法律责任。

Article 36 Where any decision made by a villagers' committee or any member thereof infringes upon the legitimate rights and interests of any villager, the said villager may apply to the people's court for cancellation, and the person responsible shall bear legal liability according to law.

村民委员会不依照法律、法规的规定履行法定义务的，由乡、民族乡、镇的人民政府责令改正。

Where a villagers committee fails to perform its statutory obligations in accordance with laws or regulations, the people's government of the township, ethnic township or town shall order it to rectify.

乡、民族乡、镇的人民政府干预依法属于村民自治范围事项的，由上一级人民政府责令改正。

Where the people's government of a township, a nationality township or a town intervenes in any matter within the scope of self-governance, the people's government at the next higher level shall order it to make corrections.

第六章 附 则

Chapter 6 Supplementary Provisions

第三十七条   人民政府对村民委员会协助政府开展工作应当提供必要的条件；人民政府有关部门委托村民委员会开展工作需要经费的，由委托部门承担。

Article 37 People's governments shall provide necessary conditions to assist villagers' committees in their work and, shall undertake expenditures for the work conducted by villagers' committees as entrusted by relevant departments under the people's governments.

村民委员会办理本村公益事业所需的经费，由村民会议通过筹资筹劳解决；经费确有困难的，由地方人民政府给予适当支持。

The funds needed by a villagers committee for managing public welfare undertakings of the village shall be provided by the villagers assembly through raising funds and manpower. If it is really difficult to raise funds, the local people's government shall provide proper support.

第三十八条   驻在农村的机关、团体、部队、国有及国有控股企业、事业单位及其人员不参加村民委员会组织，但应当通过多种形式参与农村社区建设，并遵守有关村规民约。

Article 38 Government departments, public organizations, units of the armed forces, state-owned enterprises, state-controlled enterprises and institutions and their personnel residing in the countryside shall not join organizations of a villagers' committee, but they shall participate in the development of rural communities in various forms and abide by the relevant village rules and regulations.

村民委员会、村民会议或者村民代表会议讨论决定与前款规定的单位有关的事项，应当与其协商。

When discussing and deciding on any matter relevant to any entity mentioned in the preceding clause, villagers' committees, villagers' assemblies or assemblies of villagers' representatives shall consult with the entity.

第三十九条   地方各级人民代表大会和县级以上地方各级人民代表大会常务委员会在本行政区域内保证本法的实施，保障村民依法行使自治权利。

Article 39 The local people's congresses at all levels and the standing committees of the local people's congresses at or above the county level shall see that this Law is implemented within their administrative regions and guarantee that the villagers exercise their right of self-government in accordance with law.

第四十条   省、自治区、直辖市的人民代表大会常务委员会根据本法，结合本行政区域的实际情况，制定实施办法。

Article 40 The standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with this Law and in light of the actual conditions of their respective administrative areas, formulate measures for implementation.

第四十一条   本法自公布之日起施行。

Article 41 This Law shall go into effect as of the date of promulgation.