Decision of the State Council on Revising the Regulations on Procedures for the Formulation of Administrative Regulations

Decision of the State Council on Revising the Regulations on Procedures for the Formulation of Administrative Regulations
Decision of the State Council on Revising the Regulations on Procedures for the Formulation of Administrative Regulations

Order of the State Council of the People's Republic of China No.694

December 22, 2017

The Decision of the State Council on Revising the Regulations on Procedures for the Formulation of Administrative Regulations is hereby promulgated and becomes effective from May 1, 2018.

Li Keqiang, Premier

Decision of the State Council on Revising the Regulations on Procedures for the Formulation of Administrative Regulations

The State Council has decided to make the following revisions to the Regulations on Procedures for the Formulation of Administrative Regulations:

I. Article 3 shall be revised to read: "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."

II. A new Article 4 shall be added to read: "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."

III. Article 7 shall be renumbered as Article 8, and be revised to read: "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."

IV. Article 8 shall be renumbered as Article 9, and Paragraph 1 thereof shall be revised to read: "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."
Item 1 of Paragraph 2 thereof shall be revised to read: "1. implementing the guidelines, principles and policies of the Party and the decisions and plans thereof, and adapting to meet the needs of reform, development and stability."

V.
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