Amendment 3 to the Constitution of the People's Republic of China - 1999

Article 1
In Article 11 of the Constitution, the following provisions shall be added:

"The State shall permit the private sector of the economy to exist and develop within the limits prescribed by the law. The private sector of the economy is a complement to the socialist economy of public ownership. The State shall protect the legitimate rights and interests of the private sector of the economy, and exercise guidance, supervision and control over it.''

Article 2
In Article 10 (4) of the Constitution, the words "No organization or individual may appropriate, buy, sell or lease land or otherwise engage in the transfer of land by any unlawful means'' shall be amended as follows: "No organization or individual may appropriate, buy, sell land or otherwise engage in the transfer of land by any unlawful means. The land-use right may be transferred in accordance with the provisions of laws.''

Amendment to the Constitution of the People's Republic of China

(Adopted by the First Session of the Eighth National People's Congress on March 29, 1993, and promulgated by the Proclamation No. 8 of the National People's Congress of the People's Republic of China on March 29, 1993)

Article 3
The last two sentences of the seventh paragraph of the Preamble of the Constitution, namely, "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 regime 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 defense and science and technology step by step to turn China into a socialist country with a high level of culture and democracy'', shall be amended as follows: "China is at the preliminary stage of socialism. The basic task of the nation is, as guided by the theory of building the socialism with Chinese characteristics, to concentrate its efforts on the construction of 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 regime, the socialist road and reform and opening up, steadily improve various systems for the socialism, develop socialist democracy and improve the socialist legal system, and work hard and self-reliantly to accomplish step by step the modernization of the country's industry, agriculture, national defense and science and technology, and construct our country into a rich, democratic and cultured socialist country.''

Article 4
The following shall be added to the end of the 10th paragraph of the Preamble of the Constitution: "The multi-party cooperation and political consultation system under the leadership of the Communist Party of China will exist and develop in a long run.''

Article 5
Article 7 of the Constitutions, namely, "The State economy is the sector of socialist economy under ownership by the whole people and the leading force in the national economy. The State ensures the consolidation and growth of the State economy.'' shall be amended as follows: "The State-owned economy, that is, socialist economy of public ownership, is the leading force in the national economy. The State shall ensure the consolidation and growth of the State-owned economy.''

Article 6
The first paragraph of Article 8 of the Constitution, namely, "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 the laws, to farm plots of cropland and hilly land allotted for their private use, engage in household sideline production and raise privately owned livestock.'' shall be amended as follows: "The household contracting responsibility system and other forms of cooperative economy such as producers', supply and marketing, credit and consumers cooperatives in the rural areas shall be the sector of socialist economy under the collective ownership by the working people. The working people who are members of rural economic collectives shall, within the limits prescribed by the laws, have the right to farm plots of cropland and hilly land allotted for their private use, engage in household sideline production and raise their privately owned livestock.''

Article 7
Article 15 of the Constitution, namely, "The State practices planned economy on the basis of socialist public ownership. The State 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 socioeconomic order or disruption of the State economic plan by any organization or individual is prohibited.'' shall be amended as follows: "The State shall practice the socialist market economy.'' "The State shall strengthen legislation in the economic fields, and improve the macro control.'' "The State shall forbid, according to law, any organization or individual to disturb the socioeconomic order.''

Article 8
Article 16 of the Constitution, namely, "State enterprises have decision-making power with regard to operation and management within the limits prescribed by the laws, on condition that they submit to unified leadership by the State and fulfill all their obligations under the State plan.'' "State enterprises practice democratic management through congresses of workers and staff and in other ways in accordance with the law.'' shall be amended as follows: "The State-owned enterprises shall have the power in their operation and management within the limits prescribed by the laws.'' "The State-owned enterprises shall, pursuant to the provisions of the laws, practice democratic management through workers and staff congress and other ways.''

Article 9
Article 17 of the Constitution, namely, "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 practice democratic management in accordance with the law, and the entire body of their workers elects or removes their managerial personnel and decides on major issues concerning operation and management.'' shall be amended as follows: "The collective economic organizations shall, under the condition that they abide by the relevant laws, have the power and autonomy in independently engaging economic activities.'' "The collective economic organizations shall adopt democratic management, and shall, in accordance with the provisions of the laws, elect and remove their managerial personnel, and decide on major issues concerning their operation and management.''

Article 10
The third paragraph of Article 42 of the Constitution, namely, "Work is a matter of honor 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 labor emulation, and commends and rewards model and advanced workers. The State encourages citizens to take part in voluntary labor.'' shall be amended as follows: "Work is a matter of honor and duty for every citizen who is able to work. All working people in State-owned enterprises and in urban and rural economic organizations shall approach their work with the attitude of the masters of the country that they are. The State promotes socialist labor emulation, commends and reward model laborers and advanced workers. The State encourages citizens to take part in voluntary labor.''

Article 11
Article 98 of the Constitution, namely, "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.'' shall be amended as follows: "The term of office of the people's congresses of provinces, municipalities directly under the Central Government, counties, cities and municipal districts shall be five years. The term of office of the people's congresses of townships, nationality townships and towns shall be three years.''