Organic Law of the National Government of the Republic of China (1928)

by Nationalist Party of China

The Kuomintang of China, in order to establish the Republic of China on the basis of the Three Principles of the People and the Constitution of Five Powers, which form the underlying principle of the Revolution, having conquered all opposition by military force and having now brought the Revolution from the military stage to the educative stage, deem it necessary to construct a framework for the Constitution of Five Powers with a view to developing the ability of the people to exercise political power, so that constitutional government may soon come into existence and political power be restored to the people; and, further, in virtue of the responsibilities hitherto entrusted to the Party for the guidance and supervision of the Government, do hereby ordain and promulgate the following Organic Law of the National Government:

Chapter 1. The National Government

Article 1

The National Government shall exercise all the governing powers of the Republic of China.

Article 2

The National Government shall have the supreme command of the land, naval, and air forces.

Article 3

The National Government shall have the power to declare war, to negotiate peace, and to conclude treaties.

Article 4

The National Government shall exercise the power of granting amnesties, pardons, reprieves, and restitution of civic rights.

Article 5

The National Government shall be composed of the following five Yuan: the Executive Yuan, the Legislative Yuan, the Judicial Yuan, the Examination Yuan, and the Control Yuan.

Article 6

There shall be a President and from twelve to sixteen State Councillors of the National Government.

Article 7

The Presidents and Vice-Presidents of the Five Yuan shall be appointed from among the State Councillors of the National Government.

Article 8

The President of the National Government shall represent the National Government in receiving foreign diplomatic representatives and in officiating or participating in State functions.

Article 9

The President of the National Government shall concurrently be the Commander-in-Chief of the land, naval, and air forces of the Republic of China.

Article 10

In case the President of the National Government is unable to discharge his duties from any cause whatsoever, the President of the Executive Yuan shall act in his place.

Article 11

The National Government shall conduct national affairs through the State Council.

The State Council shall be composed of the State Councillors of the National Government, and the President of the National Government shall be the Chairman of the State Council.

Article 12

All matters which cannot be settled between two or more of the Yuan shall be referred to the State Council for decision.

Article 13

All laws promulgated and all mandates issued by virtue of a decision of the State Council shall be signed by the President of the National Government and countersigned by the Presidents of the Five Yuan.

Article 14

Each of the Five Yuan may, according to law, issue orders.

Chapter 2. The Executive Yuan

Article 15

The Executive Yuan shall be the highest executive organ of the National Government.

Article 16

The Executive Yuan shall have a President and a Vice-President.

In case the President is unable to discharge his duties from any cause whatsoever, the Vice-President shall act in his place.

Article 17

The Executive Yuan shall establish Ministries to which shall be entrusted the various executive duties.

The Executive Yuan may appoint Commissions to take charge of specified executive matters.

Article 18

The Ministries of the Executive Yuan shall each have a Minister, a Political Vice-Minister, and an Administrative Vice-Minister, and the various Commissions shall each have a Chairman and a Vice-Chairman, all of whom shall be appointed or removed by the National Government at the instance of the President of the said Yuan.

Article 19

The Ministers, and the Chairmen of the various Commissions, of the Executive Yuan may, when necessary, attend the meetings of the State Council and of the Legislative Yuan.

Article 20

The Executive Yuan may introduce in the Legislative Yuan bills on matters within its own competence.

Article 21

Meetings of the Executive Yuan shall be attended by the President, the Vice-President, the Ministers of the various Ministries, and the Chairmen of the various Commissions,and presided over by the President of the said Yuan.

Article 22

The following matters shall be decided at the meetings of the Executive Yuan:

(1) Bills on legislative matters to be introduced in the Legislative Yuan.

(2) Budgets to be submitted to the Legislative Yuan.

(3) Amnesties to be submitted to the Legislative Yuan.

(4) Declaration of war, negotiation for peace, conclusion of treaties, and other important international matters to be submitted to the Legislative Yuan.

(5) The appointment or dismissal of administrative officials of or above the rank of Third Class.

(6) All matters which cannot be settled between the various Ministries and Commissions of the Executive Yuan.

(7) All matters which, according to law or in the opinion of the President of the Yuan, should be decided at the meetings of the said Yuan.

Article 23

The various Ministries and Commissions of the Executive Yuan may, according to law, issue orders.

Article 24

The organization of the Executive Yuan andof the various Ministries and Commissions shall be determined by law.

Chapter 3. The Legislative Yuan

Article 25

The Legislative Yuan shall be the highest legislative organ of the National Government.

The Legislative Yuan shall have the power to decide upon the following:-Legislation, budgets, amnesties, declaration of war, negotiation for peace, conclusion of treaties, and other important international affairs.

Article 26

The Legislative Yuan shall have a President and a Vice -President.

In case the President is unable to discharge his duties from any cause whatsoever, the Vice-President shall act in his place.

Article 27

The Legislative Yuan shall be composed of from forty-nine to ninety-nine members, who shall be appointed by the National Government at the instance of the President of the said Yuan.

Article 28

The term of office of the members of the Legislative Yuan shall be two years.

Article 29

The Members of the Legislative Yuan shall not concurrently be non-political administrative officials of the various organs of the central or local governments.

Article 30

The President of the Legislative Yuan shall preside at all meetings of the Legislative Yuan.

Article 31

All resolutions passed by the Legislative Yuan shall be decided upon and promulgated by the State Council.

Article 32

The organization of the Legislative Yuan shall be determined by law.

Chapter 4. The Judicial Yuan

Article 33

The Judicial Yuan shall be the highest judicial organ of the National Government and shall take charge of judicial trials, judicial administration, disciplinary punishment of officials, and trial of administrative cases.

The granting of pardons and reprieves and the restitution of civic rights shall be submitted by the President of the Judicial Yuan to the National Government for approval and action.

Article 34

The Judicial Yuan shall have a President and a Vice-President.

In case the President is unable to discharge his duties from any cause whatsoever, the Vice-President shall act in his place.

Article 35

The Judicial Yuan may introduce in the Legislative Yuan bills on matters within its own competence.

Article 36

The organization of the Judicial Yuan shall be determined by law.

Chapter 5. The Examination Yuan

Article 37

The Examination Yuan shall be the highest examination organ of the National Government and shall take charge of examinations and determine the qualifications for public service. All public functionaries shall be appointed only after having, according to law, passed an examination and their qualifications for public service having been determined by the Examination Yuan.

Article 38

The Examination Yuan shall have a President and a Vice-President.

In case the President is unable to discharge his duties from any cause whatsoever, the Vice-President shall act in his place.

Article 39

The Examination Yuan may introduce in the Legislative Yuan bills on matters within its own competence.

Article 40

The organization of the Examination Yuan shall be determined by law.

Chapter 6. The Control Yuan

Article 41

The Control Yuan shall be the highest supervisory organ of the National Government and shall, according to law, exercise the following powers:

(1) Impeachment.

(2) Auditing

Article 42

The Control Yuan shall have a President and a Vice-President.

In case the President is unable to discharge his duties from any cause whatsoever, the Vice-President shall act in his place.

Article 43

The Control Yuan shall be composed of from nineteen to twenty-nine members, who shall be appointed by the National Government at the instance of the President of the said Yuan.

The security of tenure of office of the members of the Control Yuan shall be determined by law.

Article 44

All meetings of the Control Yuan shall be attended by members of the Control Yuan and presided over by the President of the said Yuan.

Article 45

The members of the Control Yuan shall not concurrently hold any office in any of the organs of the central or local governments.

Article 46

The Control Yuan shall have the power to introduce in the Legislative Yuan bills on matters within its own competence.

Article 47

The organization of the Control Yuan shall be determined by law.

Chapter 7. Additional Article

Article 48

The present Law shall come into force on the day of its promulgation.