Order of the President of the People’s Republic of China No.40

The Decision of the Standing Committee of the National People’s Congress on Amending the Law of the People’s Republic of China on the Protection of Rights and Interests of Women, adopted at the 17th Meeting of the Standing Committee of the Tenth National People’s Congress of the People’s Republic of China on August 28, 2005, is hereby promulgated and shall go into effect as of December 1, 2005.

Hu Jintao

President of the People’s Republic of China

August 28, 2005

Decision of the Standing Committee of the National People’s Congress on Amending the Law of the People’s Republic of China on the Protection of Rights and Interests of Women

(Adopted at the 17th Meeting of the Standing Committee of the Tenth National People’s Congress on August 28, 2005)

At its 17th Meeting, the Standing Committee of the Tenth National People’s Congress decided to make the following amendments to the Law of the People’s Republic of China on the Protection of Rights and Interests of Women:

1. Article 2 is revised to read: "Women shall enjoy equal rights with men in all aspects of political, economic, cultural, social and family life.

"Equality between men and women is a basic State policy. The State takes the necessary measures to gradually improve the systems for protecting the rights and interests of women, in order to eliminate all forms of discrimination against women.

"The State protects the special rights and interests enjoyed by women according to law.

"Discriminating against, maltreating, abandoning, and physically abusing women are prohibited."

2. One article is added as Article 3, which reads: " The State Council shall formulate an outline for the development of Chinese women and include such outline in the national economic and social development plan.

"Local people’s governments at or above the county level shall, in accordance with the outline for the development of Chinese women, formulate programs for the development of women in their respective administrative regions and include the programs in their national economic and social development plans."

3. Article 4 is changed to be Article 6 and is revised to read: " People’s government at all levels shall attach great importance to and strengthen the protection of the rights and interests of women.

"Institutions in charge of work for women and children under the people’s governments at or above the county level shall be responsible to organize, coordinate, direct and urge the relevant departments concerned to ensure the protection of women’s rights and interests.

"The relevant departments of the people’s governments at or above the county level shall, within the scope of their duties, ensure the protection of women’s rights and interests."

4. Article 5 is changed to be Article 7 and is revised to read: "The All-China Women’s Federation and local women’s federations at various levels shall, in accordance with law and the Constitution of the All-China Women’s Federation, represent and uphold the interests of women of all nationalities and all walks of life, and strive to safeguard the rights and interests of women.

"The trade unions and the Communist Youth League organizations shall, within the scope of their respective work, strive to safeguard the rights and interests of women."

5. Article 9 is changed to be Article 10, and two paragraphs are added as the second and third paragraph, which read: " When formulating laws, regulations, rules and public policies, the relevant departments shall, where major questions related to women’s rights and interests are concerned, listen to the opinions of the women’s federations.

"Women and women’s organizations shall have the right to advance their opinions and suggestions to State organs at various levels with regard to protection of the rights and interests of women."

6.Article 10 is changed to be Article 11, and the second paragraph is revised to read: "Among deputies to the National People’s Congress and local people’s congresses at various levels, there shall be an appropriate number of women deputies. The State takes measures to gradually increase the proportion of the women deputies among deputies to the National People’s Congress and local people’s congresses at various levels."

One paragraph is added as the third paragraph, which reads: " Among members of the residents’ committees and villager’s committees, there shall be an appropriate number of women members."

7. Article 11 is changed to be Article 12, and the second paragraph is revised to read: "State organs, public organizations, enterprises and institutions shall, in training, selecting and appointing cadres, adhere to the principle of equality between men and women, and there shall be an appropriate number of women leading members."

8. Article 12 is changed to be Article 13, and one paragraph is added as the first paragraph, which reads: "The All-China Women’s Federation and local women’s federations at various levels shall represent women to take an active part in democratic decision-making, management and supervision of State and social affairs."

9. Article 15 is changed to be Article 16, and one paragraph is added as the second paragraph, which reads: "With exception of special subjects, no schools shall, in enrolling students, refuse to enroll women on the pretext of sex or raise the enrollment standards for women."

10. Article 17 is changed to be Article 18, and the third paragraph is revised to read: " The governments, society and schools shall take effective measures to solve the actual difficulties of female school-age children or adolescents in schooling and create the necessary conditions to ensure that the needy, disabled and migrant female school-age children or adolescents finish compulsory education."

11. Article 19 is changed to be Article 20 and is revised to read: "People’s governments at various levels and the departments concerned shall, in light of the need of urban and rural women, take measures to organize women in receiving vocational education and practical technological training."

12. The heading of Chapter IV is revised to read: " Rights and Interests Relating to Work and Social Security. "

13. Article 21 is changed to be Article 22 and is revised to read: " The State guarantees that women enjoy equal rights, with men, to work and to social security."