Decision of the Standing Committee of the National People's Congress on Implementing the Constitutional Oath System

 2018-05-17  54


Decision of the Standing Committee of the National People's Congress on Implementing the Constitutional Oath System


· Area of Law: Constitution

· Level of Authority: Decisions on Legal Issues

· Date issued:02-24-2018

· Effective Date:03-12-2018

· Status: Effective

· Issuing Authority: Standing Committee of the National People's Congress

 

Decision of the Standing Committee of the National People's Congress on Implementing the Constitutional Oath System
(Adopted at the 15th Session of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on July 1, 2015, and revised at the 33rd Session of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on February 24, 2018)
The Constitution, as the fundamental law of the state and the general guidelines for administering state affairs well and ensuring national security, has the supreme legal status, authority and efficacy. State functionaries shall establish the consciousness of the Constitution, abide by the principles of the Constitution, carry forward the spirit of the Constitution, and fulfill the missions of the Constitution. To demonstrate the Constitution's authority, inspire and educate state functionaries in being loyal to, abiding by and upholding the Constitution, and strengthen the implementation of the Constitution, the Standing Committee of the National People's Congress decides:
I. The state functionaries elected by or appointed upon decision of the people's congresses at all levels and the standing committees of the people's congresses at or above the county level, as well as the state functionaries appointed by the people's governments, supervisory commissions, people's courts and people's procuratorates at all levels shall take a public oath to the Constitution when taking office.
II. The oath is as follows:
I pledge to be allegiant to the Constitution of the People's Republic of China, safeguard the Constitution's authority, perform obligations as required by law, be loyal to the country and people, be committed and honest when performing duties, accept people's supervision, and work hard to build China into a modern and powerful socialist country that is prosperous, strong, democratic, culturally advanced, harmonious and beautiful.
III. The President and Vice-Presidents of the People's Republic of China; the Chairman, Vice-Chairmen, Secretary-General and members of the Standing Committee of the National People's Congress; the Premier, Vice-Premiers, State Councilors, ministers in charge of ministries or commissions, the Governor of the People's Bank of China, the Auditor-General and the Secretary-General of the State Council; the Chairman,Vice-Chairmen and members of the Central Military Commission of the People's Republic of China; the Chairman of the National Supervisory Commission; the President of the Supreme People's Court; the Procurator-General of the Supreme People's Procuratorate; as well as chairmen, vice-chairmen and members of the special committees of the National People's Congress, among others, elected by or appointed upon decision of the National People's Congress, shall take an oath to the Constitution after they are elected under the statutory procedure. An oath-taking ceremony shall be organized by the Presidium of the Sessions of the National People's Congress.
IV. When the National People's Congress is not in session, individual vice-chairmen and members of the special committees of the National People's Congress; ministers in charge of ministries or commissions, the Governor of the People's Bank of China, the Auditor-General and the Secretary-General of the State Council; and Vice-Chairmen and members of the Central Military Commission of the People's Republic of China, appointed by or appointed upon decision of the Standing Committee of the National People's Congress, shall take an oath to the Constitution after they are elected under the statutory procedure. An oath-taking ceremony shall be organized by the Chairmen's Meeting of the Standing Committee of the National People's Congress.
V. The Deputy Secretary-General of the Standing Committee of the National People's Congress; the director, deputy directors and members of the Working Committee of the Standing Committee of the National People's Congress; and the director, deputy directors and members of the Credentials Committee of the Standing Committee of the National People's Congress, among others, appointed by the Standing Committee of the National People's Congress, shall take an oath to the Constitution after they are elected under the statutory procedure. An oath-taking ceremony shall be organized by the Chairmen's Meeting of the Standing Committee of the National People's Congress.
VI. The Vice Chairman and members of the National Supervisory Commission, the Vice Presidents, members of the Judicial Committee, division chief judges, associate chief judges, and judges of the Supreme People's Court, and the President of the Military Court; the Deputy Procurators-General and procurators of the Supreme People's Procuratorate, members of its Procuratorial Committee, and the Chief Procurator of the Military Procuratorate; and plenipotentiary representatives of the People's Republic of China stationed abroad, appointed by or appointed upon decision of the Standing Committee of the National People's Congress, shall take an oath to the Constitution after they are elected under the statutory procedure. An oath-taking ceremony shall be organized respectively by the National Supervisory Commission, the Supreme People's Court, the Supreme People's Procuratorate or the Ministry of Foreign Affairs.
VII. The state functionaries appointed by the State Council and its departments, the National Supervisory Commission, the Supreme People's Court and the Supreme People's Procuratorate shall take an oath to the Constitution when taking office. An oath-taking ceremony shall be organized by the appointing authority.
VIII. An oath-taking ceremony may be conducted in the form of individual oath or collective oath according to the actual circumstances. In the case of an individual oath, the oath taker shall put his or her left hand on the Constitution of the People's Republic of China, raise his or her right hand formed into a fist, and read aloud the oath. In the case of a collective oath, one person shall lead the oath, who shall put his or her left hand on the Constitution of the People's Republic of China, raise his or her right hand formed into a fist, and lead the reading of the oath; and other oath takers shall stand in order, raise their right hands formed into fists, and repeat the oath.
The place where an oath is taken shall be solemn and serious, and be hung with the national flag or national emblem of the People's Republic of China. At an oath-taking ceremony, the national anthem of the People's Republic of China shall be played and sung.
The authority in charge of organizing an oath-taking ceremony may, according to this Decision and in consideration of the actual circumstances, provide for the specific matters on the oath.
IX. The state functionaries elected by or appointed upon decision of the local people's congresses at all levels and the standing committees of local people's congresses at or above the county level, as well as the state functionaries appointed by the people's governments, supervisory commissions, people's courts and people's procuratorates at all levels shall take an oath to the Constitution after they are elected under the statutory procedure. The specific measures for organizing oath-taking ceremonies shall be developed by the standing committees of the people's congresses of the provinces, autonomous regions and municipalities directly under the Central Government by reference to this Decision, and be reported to the Standing Committee of the National People's Congress for recordation.
X. This Decision shall come into force on March 12, 2018.