Regulations on Procedures for the Formulation of Rules (2017 Revision)

Regulations on Procedures for the Formulation of Rules (2017 Revision) Regulations on Procedures for the Formulation of Rules (Promulgated by the Order No. 322 of the State Council of the People's Republic of China on November 16, 2001; and revised in accordance with the Decision of the State Council on Amending the Regulation on the Procedures for the Development of Rules on December 22, 2017) Chapter I General Provisions Article 1 These 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 These Regulations apply to the project establishment, drafting, examination, decision on, promulgation and interpretation of rules. The rules formulated in violation of these Regulations are null and void. Article 3 The 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 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 in the departmental rules, no rights of the department shall be increased, or no statutory functions of the department shall be decreased. Without 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 the local regulations. 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 are 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. 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 clear, concrete and operable. In principle, the matters that have been clearly stipulated in laws or administrative regulations shall not be repeatedly provided in rules. Rules shall not, in principle be arranged into chapters or sections other than the 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 on its own are 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, districted cities 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, districted cities 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, districted cities 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. shall be stated in the applications submitted for project establishment of the formulation of rules. Article 12 The legislative affairs offices of the departments under the State Council, and the legislative affairs offices of the people's governments of the provinces, autonomous regions, municipalities directly under the Central Government, districted cities and autonomous prefectures (hereinafter referred to as the “legislative affairs offices”) shall conduct evaluation and demonstration of the applications for project establishment of rules development and the proposals for the rules development projects publicly collected, develop the annual work plans of the departments and people's governments at the same levels for the development of rules, and disclose them to the public with the approval of the departments and people's governments at the same levels. The titles of the rules to be formulated, the drafting units, the time for the completion of drafting, etc. shall be clearly provided in the annual working plans for formulating rules. Article 13 The departments of the State Council, and the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, districted cities and autonomous prefectures shall strengthen the leadership of the implementation of the annual work plans for the development of rules. Entities assuming the work of drafting shall spare no effort to implement the projects included in the annual work plans for the development of rules and report them to the departments or the people's governments at the same levels for decision-making as required. The legislative affairs office shall follow up and understand the implementation of the annual work plans of the department and the people's government at the same level for the development of rules, and strengthen the organization, coordination, supervision and guidance. An annual working plan for......