Regulations on Procedures for the Formulation of Administrative Regulations (Revised in 2017)
Regulations on Procedures for the Formulation of Administrative Regulations (Revised in 2017)
Regulations on Procedures for the Formulation of Administrative Regulations (Revised in 2017)
Order of the State Council of the People's Republic of China No.694
December 22, 2017
(Promulgated by the Order of the State Council of the People's Republic of China No.321 on November 16, 2001; and revised in accordance with the Decision of the State Council on Revising the Regulations on Procedures for the Formulation of Administrative Regulations on December 22, 2017)
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the relevant provisions of the Constitution, the Legislative Law and the Law on the Organization of the State Council to standardize the procedures for formulating administrative regulations and to ensure the quality of administrative regulations.
Article 2 These Regulations apply to the project establishment, drafting, examination, decision on, promulgation and interpretation of administrative regulations.
Article 3 The formulation of administrative regulations shall implement the guidelines, principles, and policies of the Party as well as the decisions and plans thereof, be in line with the Constitution and laws, and observe the legislative principles established by the Legislative Law.
Article 4 The formulation of the supporting administrative regulations in terms of politics shall be reported to the Central Committee of the Party in accordance with the relevant provisions in a timely manner.
For the formulation of the major administrative regulations concerning the adjustment of major systems and major policies in terms of economy, culture, society and ecological civilization, the drafts of administrative regulations or major issues concerning the drafts shall be reported to the Central Committee of the Party in a timely manner in accordance with the relevant regulations.
Article 5 Administrative regulations are normally entitled "regulations", and they may also be entitled "provisions", "measures" etc. The administrative regulations that the State Council formulates in accordance with the authorization decisions of the National People's Congress or its Standing Committee are entitled "interim regulations" or "interim provisions".
Neither the rules formulated by the departments of the State Council nor the rules formulated by the local people's governments may be entitled "regulations".
Article 6 Administrative regulations shall be detailed but not verbose, logically tight and operable with their articles clear and concrete, and their wording accurate and concise.
Administrative regulations may, as required by the contents, be arranged into chapters, sections, articles, paragraphs, items and sub-items. The serial numbers of chapters, sections and articles shall be indicated by Chinese numerals sequentially, paragraphs shall not be numbered, the serial numbers of items shall be indicated by Chinese numerals in parentheses sequentially, and the serial numbers of sub-items shall be indicated by Arabic numerals sequentially.
Chapter II Project Establishment
Article 7 The State Council shall prepare an annual legislation working plan at the beginning of each year.
Article 8 Where the relevant departments under the State Council consider that it is necessary to formulate administrative regulations, they shall, prior to the preparation of the annual legislative work plan of the State Council, submit a project proposal to the State Council.
The project proposal of the administrative regulations submitted by the relevant departments under the State Council shall explain the major issues that will be resolved by the legislative project, the guidelines, principles and policies of the Party and the decisions and plans that the project is based on and the major systems to be established.
The legislative affairs department under the State Council shall seek comments on the proposed project of formulating the administrative regulations from the public.
Article 9 The legislative affairs department under the State Council shall, based on the general work arrangement of the State, make an evaluation on the project proposal for the administrative regulations and the comments which have been collected, propose an annual legislative work plan of the State Council through emphasizing the key points and making overall plans and taking all factors into consideration, and release the plan to the public upon the approval of the Central Committee of the Party and the State Council.
The projects of administrative regulations that are established in the annual legislation working plan of the State Council shall meet the following requirements:
1.
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