Regulations on Procedures for the Formulation of Rules (Revised in 2017)
Regulations on Procedures for the Formulation of Rules (Revised in 2017)
Regulations on Procedures for the Formulation of Rules (Revised in 2017)
Order of the State Council of the People's Republic of China No.695
December 22, 2017
(Promulgated by Order of the State Council of the People's Republic of China No.322 on November 16, 2001; and revised in accordance with the Decision of the State Council on Amending the Regulations on Procedures for the Formulation of Rules on December 22, 2017)
Chapter I General Provisions
Article 1 The Regulations are formulated in accordance with the relevant provisions of the Legislation Law to standardize the procedures for the formulation of rules and to ensure the quality of rules.
Article 2 The Regulations apply to the project establishment, drafting, examination, promulgation and interpretation of and the decision-making on rules.
Rules formulated in violation of the Regulations shall be null and void.
Article 3 Rules shall be developed according to the routes, guidelines, policies, decisions and deployments of the Party, under the legislative principle determined in the Legislation Law, and in compliance with the provisions of the Constitution, laws, administrative regulations and other superordinate law.
Without a basis of law or administrative regulations, decisions and orders of the State Council, no specifications impairing the rights of citizens, legal persons and other organizations or increasing their obligations shall be set, no rights of the department shall be increased, and no statutory functions of the department shall be decreased, in the departmental rules. Without a basis of laws, administrative regulations and local regulations, no specifications impairing the rights of citizens, legal persons and other organizations or increasing their obligations shall be set in local governments' rules.
Article 4 The development of the supporting rules on political laws shall be reported to the CPC Central Committee or the Party committee (Party group) at the same level in a timely manner in accordance with the relevant provisions.
The development of major economic and social rules shall be reported to the Party committee (Party group) at the same level in a timely manner according to the relevant provisions.
Article 5 The formulation of rules shall effectively safeguard the lawful rights and interests of citizens, legal persons and other organizations, and while prescribing the obligations they shall perform, provide the corresponding rights they have and the means by which the realization of such rights is guaranteed.
The formulation of rules shall embody the principle of uniting the powers and responsibilities of administrative departments, and while vesting necessary powers in the relevant administrative departments, provide the conditions and procedures for executing such powers, as well as responsibilities they shall undertake.
Article 6 The spirit of comprehensively deepening reform shall be reflected, the administrative acts shall be scientifically regulated, and the transformation of government functions to macro control, market supervision, social management, public services, environmental protection and other aspects shall be promoted, in the formulation of rules.
The formulation of rules shall conform to the principle of simplification, unification and efficiency, assign identical or similar functions to one administrative department, and simplify administrative formalities.
Article 7 Rules are normally titled "provisions" or "measures", but they may not be titled "regulations".
Article 8 The wording of rules shall be accurate and concise with the contents of their articles being clear, concrete and operable.
In principle, the matters that have been clearly stipulated in laws or administrative regulations shall not be repeatedly provided for in rules.
Rules shall not, in principle, be arranged into chapters or sections other than rules that are complex in content.
Article 9 With regard to matters which involve the powers of two or more departments of the State Council, and for which the conditions for formulating administrative regulations are not yet ripe and the formulation of rules are called for, the relevant departments of the State Council shall jointly formulate rules.
Under the circumstances provided in the preceding paragraph, the rules formulated by a relevant department of the State Council itself shall be null and void.
Chapter II Project Establishment
Article 10 The internal institutions or other institutions of departments of the State Council shall apply to such departments for project establishment when they deem that there is a need to formulate departmental rules.
The departments affiliated to the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts and autonomous prefectures or the people's governments at lower levels deeming that the rules of local governments need to be developed shall submit requests for project establishment to the people's governments of the provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts and autonomous prefectures.
The departments of the State Council, and the people's governments of the provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts and autonomous prefectures may publicly collect proposals on the development of rules.
Article 11 The necessity for formulating rules, the major issues to be solved and main systems to be established, etc.
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