Amendment 4 to the Constitution of the People’s Republic of China - 2004

(Announcement of the National People's Congress of the People's Republic of China. The Amendments to the Constitution of the People's Republic of China, which were adopted at the Second Session of the Tenth National People's Congress of the People's Republic of China on March 14,2004, are hereby promulgated and put into force.)

The presidium of the Second Session of the Tenth National People's Congress of the People's Republic of China

March 14, 2004 in Beijing

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

Adopted at the Second Session of the Tenth National People's Congress on March 14, 2004

Article 18 The provision in paragraph 7 of the Preamble of the Constitution of "Under the guidance of Marxism-Leninism, Mao Zedong Thought and Deng Xiaoping Theory" shall be modified as "Under the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the important thought of ‘Three Represents'". The provision of "Along the road of building socialism with Chinese characteristics" shall be modified as "Along the socialist road with Chinese characteristics". And the provision of "and to promote the coordinated development of material civilization, political civilization and spiritual civilization" shall be added right after the provision of" to modernize industry, agriculture, national defense and science and technology step by step". Accordingly, the whole paragraph shall be modified as "Both the victory in China's New-Democratic Revolution and the successes in its socialist cause have been achieved by the Chinese people of all nationalities, under the leadership of the Communist Party of China and guidance of Marxism-Leninism and Mao Zedong Thought, by upholding truth, correcting errors and surmounting numerous difficulties and hardships. China will be in the primary stage of socialism for a long time to come. The basic task of the nation is to concentrate its effort on socialist modernization along the socialist road with Chinese characteristics. Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the important thought of ‘Three Represents', 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 various socialist institutions, develop the socialist market economy, develop socialist democracy, improve the socialist legal system and work hard and self-dependently to modernize the country's industry, agriculture, national defense and science and technology step by step, and to promote the coordinated development of material civilization, political civilization and spiritual civilization to build China into a socialist country that is prosperous, powerful, democratic and culturally advanced."

Article 19 The provisions in the second sentence of paragraph 10 of the Preamble of "In the long years of revolution and construction, there has been formed under the leadership of the Communist Party of China a broad patriotic united front that is composed of democratic parties and people's organizations, embracing all socialist working people, all patriots who support socialism and all patriots who stand for reunification of the motherland. This united front will continue to be consolidated and developed." shall be modified as " In the long years of revolution and construction, there has been formed under the leadership of the Communist Party of China a broad patriotic united front that is composed of democratic parties and people's organizations, embracing all socialist working people, builders of the socialist cause, all patriots who support socialism and all patriots who stand for reunification of the motherland. This united front will continue to be consolidated and developed."

Article 20 The provisions in Paragraph 3, Article 10 of the Constitution of "The state may, for the public interest, take over land for its use in accordance with the law." shall be modified as "The state may, for the public interest, expropriate or take over land for public use, and pay compensation in accordance with the law."

Article 21 Paragraph 2, Article 11 of the Constitution: "The state protects the lawful rights and interests of the individual and private sectors of the economy, and exercises guidance, supervision and control over the individual and private sectors of the economy." shall be modified as "The state protects the lawful rights and interests of the non-public sectors of the economy, including individual and private sectors of the economy. The state encourages, supports and guides the development of the non-public sectors of the economy, and exercises supervision and control over the non-public sectors according to law."

Article 22 Article 13 of the Constitution: "The state protects the right of citizens to own lawfully earnings, savings, houses and other lawful property." and" The state protects by law the right of citizens to inherit private property" shall be modified as "The lawful private property of citizens may not be encroached upon." and " The state protects by law the right of citizens to own private property and the right to inherit private property." and " The state may, for the public interest, expropriate or take over private property of citizens for public use, and pay compensation in accordance with the law."

Article 23 One paragraph shall be added to Article 14 of the Constitution as paragraph 4, that is "The state establishes and improves the social security system fitting in with the level of economic development."

Article 24 One paragraph shall be added to Article 33 of the Constitution as paragraph 3, that is "The state respects and protects human rights." And paragraph 3 shall be changed into paragraph 4 accordingly.

Article 25 Paragraph 1, Article 59 of the Constitution: "The National People's Congress is composed of deputies elected by the provinces, autonomous regions, municipalities directly under the Central Government, and by the armed forces. All the minority ethnic groups are entitled to appropriate representation." shall be modified as "The National People's Congress is composed of deputies elected by the provinces, autonomous regions, municipalities directly under the Central Government, and special administrative regions, as well as by the armed forces. All the minority ethnic groups are entitled to appropriate representation."

Article 26 Item 20 of Article 67 of the Constitution concerning the authority of the Standing Committee of the National People's Congress: "(20) To decide on the enforcement of martial law throughout the country or in particular provinces, autonomous regions or municipalities directly under the Central Government," shall be modified as "(20) To decide on the declaration of the country as a whole or particular provinces, autonomous regions or municipalities directly under the Central Government to be under a state of emergency".

Article 27 Article 80 of the Constitution: "The President of the People's Republic of China, in pursuance of the decisions of the National People's Congress and its Standing Committee, promulgates statutes, appoints or removes the Premier, Vice-Premiers, State Councilors, Ministers in charge of ministries or commissions, the Auditor-General and the Secretary-General of the State Council; confers state medals and titles of honor; issues orders of special pardons; proclaims martial law; proclaims a state of war; and issues mobilization orders." shall be modified as :"The President of the People's Republic of China, in pursuance of the decisions of the National People's Congress and its Standing Committee, promulgates statutes, appoints or removes the Premier, Vice-Premiers, State Councilors, Ministers in charge of ministries or commissions, the Auditor-General and the Secretary-General of the State Council; confers state medals and titles of honor; issues orders of special pardons; declares a state of emergency, declares a state of war, and issues a mobilization order."

Article 28 Article 81 of the Constitution: "The President of the People's Republic of China receives foreign diplomatic envoys on behalf of the People's Republic of China and; in pursuance of the decisions of the Standing Committee of the National People's Congress, appoints or recalls plenipotentiary representatives abroad, and ratifies or abrogates treaties and important agreements concluded with foreign states. " shall be modified as "The President of the People's Republic of China represents the People's Republic of China in conducting activities of national affairs and receiving foreign diplomatic representatives and; in pursuance of the decisions of the Standing Committee of the National People's Congress, appoints or recalls plenipotentiary representatives abroad, and ratifies or abrogates treaties and important agreements concluded with foreign states."

Article 29 Item 16 of Article 89 of the Constitution concerning the functions and powers of the State Council: "(16) To decide on the enforcement of martial law in part regions of provinces, autonomous regions, and municipalities directly under the Central Government" shall be modified as "(16) To decide by law to place parts of provinces, autonomous regions, and municipalities directly under the Central Government under a state of emergency".

Article 30 Article 98 of the Constitution: "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, ethnic townships and towns is three years" shall be modified as "The term of office of local people's congresses at various levels is five years."

Article 31 The title of Chapter IV of the Constitution: "The National Flag, the National Emblem and the Capital" shall be modified as "The National Flag, the National Anthem, the National Emblem and the Capital". One paragraph shall be added to Article 136 of the Constitution as paragraph 2: "The national anthem of the People's Republic of China is ‘March of the Volunteers'."