To direct and administer the building of national defence; (11) To direct and administer affairs concerning the nationalities and to safeguard the equal rights of minority nationalities and the right of autonomy of the national autonomous areas; (12) To protect the legitimate rights and interests of Chinese nationals residing abroad and protect the lawful rights and interests of returned overseas Chinese and of the family members of Chinese nationals residing abroad; (13) To alter or annul inappropriate orders, directives and regulations issued by the ministries or commissions; (14) To alter or annul inappropriate decisions and orders issued by local organs of state administration at different levels; (15) To approve the geographic division of provinces, autonomous regions and municipalities directly under the Central Government, and to approve the establishment and geographic division of autonomous prefectures, counties, autonomous counties and cities; (16) To decide on the enforcement of martial law in parts of provinces, autonomous regions and municipalities directly under the Central Government; (17) To examine and decide on the size of administrative organs and, in accordance with the law, to appoint, remove and train administrative officers, appraise their work and reward or punish them; and (18) To exercise such other functions and powers as the National People s Congress or its Standing Committee may assign it.
Article 90. The ministers in charge of ministries or commissions of the State Council are responsible for the work of their respective departments and convene and preside over their ministerial meetings or commission meetings that discuss and decide on major issues in the work of their respective departments. The ministries and commissions issue orders, directives and regulations within the jurisdiction of their respective departments and in accordance with the statutes and the administrative rules and regulations, decisions and orders issued by the State Council.
Article 91. The State Council establishes an auditing body to supervise through auditing the revenue and expenditure of all departments under the State Council and of the local governments at different levels, and those of the state financial and monetary organizations and of enterprises and undertakings. Under the direction of the Premier of the State Council,the auditing body independently exercises its power to supervise through auditing in accordance with the law, subject to no interference by any other administrative organ or any public organization or individual.
Article 92. The State Council is responsible, and reports on its work, to the National People s Congress or, when the National People s Congress is not in session, to its Standing Committee.
SECTION 4. THE CENTRAL MILITARY COMMISSION
Article 93. The Central Military Commission of the People s Republic of China directs the armed forces of the country. The Central Military Commission is composed of the following: The Chairman; The Vice-Chairmen; and Members. The Chairman of the Central Military Commission has overall responsibility for the commission. The term of office of the Central Military Commission is the same as that of the National People s Congress.
Article 94. The Chairman of the Central Military Commission is responsible to the National People s Congress and its Standing Committee.
SECTION 5. THE LOCAL PEOPLE S CONGRESS AND THE LOCAL PEOPLE S GOVERNMENTS AT DIFFERENT LEVELS
Article 95. People s congresses and people s governments are established in provinces, municipalities directly under the Central Government, counties, cities, municipal districts, townships, nationality townships and towns. The organization of local people s congresses and local people s governments at different levels is prescribed by law. Organs of self-government are established in autonomous regions, autonomous prefectures and autonomous counties. The organization and working procedures of organs of self-government are prescribed by law in accordance with the basic principles laid down in Sections V and VI of Chapter Three of the Constitution.
Article 96. Local people s congresses at different levels are local organs of state power. Local people s congresses at and above the county level establish standing committees.
Article 97. Deputies to the people s congresses of provinces, municipalities directly under the Central Government, and cities divided into districts are elected by the people s congresses at the next lower level; deputies to the people scongresses of counties, cities not divided into districts, municipal districts, townships, nationality townships and towns are elected directly by their constituencies. The number of deputies to local people s congresses at different levels and the manner of their election are prescribed by law.
Article 98. 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.
Article 99. Local people s congresses at different levels ensure the observance and implementation of the Constitution, the statutes and the administrative rules and regulations in their respective administrative areas. Within the limits of their authority as prescribed by law, they adopt and issue resolutions and examine and decide on plans for local economic and cultural development and for development of public services. Local people s congresses at and above the county level examine and approve the plans for economic and social development and the budgets of their respective administrative areas, and examine and approve reports on their implementation. They have the power to alter or annul inappropriate decisions of their own standing committees. The people s congresses of nationality townships may, within the limits of their authority as prescribed by law, take specific measures suited to the peculiarities of the nationalities concerned.
Article 100. The people s congresses of provinces and municipalities directly under the Central Government, and their standing committees, may adopt local regulations, which must not contravene the Constitution, the statutes and the administrative rules and regulations, and they shall report such local regulations to the Standing Committee of the National People s Congress for the record.
Article 101. At their respective levels, local people s congresses elect, and have the power to recall, governors and deputy governors, or mayors and deputy mayors, or heads and deputy heads of counties, districts, townships and towns. Local people s congresses at and above the county level elect, and have the power to recall, presidents of people s courts and chief procurators of people s procuratorates at the corresponding level. The election or recall of chief procurators of people s procuratorates shall be reported to the chief procurators of the people s procuratorates at the next higher level for submission to the standing committees of the people s congresses at the corresponding level for approval.
