Regulation on the Recordation and Review of Regulations and Rules

Order of the State Council of the People's Republic of China
(No. 789)

The Regulation on the Recordation and Review of Regulations and Rules, adopted at the 39th executive meeting of the State Council on August 19, 2024, is hereby issued and shall come into force on November 1, 2024.

Li Qiang, Premier
August 30, 2024

Regulation on the Recordation and Review of Regulations and Rules

Article 1 The present Regulation has been enacted according to the relevant provisions of the Legislation Law of the People's Republic of China for the purpose of regulating the recordation and review of regulations and government rules, improving the capability and quality of recordation and review, maintaining the integrity of the socialist legal system and strengthening the supervision over the regulations and rules.
Article 2 The term “regulation” as mentioned in the present Regulation shall refer to the local regulations formulated by the people's congresses or the standing committees thereof of provinces, autonomous regions, municipalities directly under the Central Government, districted cities, and autonomous prefectures according to their statutory powers as well as legal procedures, the regulations of the special economic zones formulated by the people's congresses or the standing committees thereof of the provinces or municipalities where the special economic zones are situated according to their respective powers and legal procedures, the regulations of Pudong New Area formulated by the Shanghai Municipal People's Congress and its Standing Committee in accordance with their statutory powers and procedures, the regulations of the Hainan Free Trade Port formulated by the Hainan Provincial People's Congress and its Standing Committee in accordance with their statutory powers and procedures, as well as the regulations for autonomy and specific regulations formulated by the people's congresses of the autonomous prefectures and counties according to their respective statutory powers and procedures.
The term “rules” as mentioned in the present Regulation shall include ministerial rules and local government rules. A ministerial rule is a regulation formulated by the ministries, commissions under the State Council, the people's bank of China, the General Auditing Administration, the organs directly under the State Council that have certain administrative powers, and institutions prescribed by law of the State Council (collectively, "departments of the State Council") within their respective purviews on the basis of the provisions of laws, administrative rules, decisions or orders of the State Council and according to the Regulation on the Procedures for the Enactment of Rules. A local regulation is one enacted by the people's government of provinces, autonomous regions, municipalities directly under the Central Government, districted cities, and autonomous prefectures on the basis of the provisions of laws, administrative regulations and the local regulations of their respective province, autonomous region or municipalities directly under the Central Government and according to the provisions of the Regulation on the Procedures for the Enactment of Rules.
Article 3 The recordation and review of regulations and government rules shall uphold the leadership of the Communist Party of China, use the people-centered approach, adhere to the principle of filing for recordation and reviewing all regulations and government rules and correcting each error, and be conducted in accordance with statutory powers and procedures.
Article 4 The regulations and rules shall be filed, within 30 days after promulgation, for archivist purposes according to the following provisions:
(1) The local regulations and the regulations for autonomy as well as separate regulations of the autonomous prefectures and autonomous counties shall be filed by the standing committee of the people's congresses of the provinces, autonomous regions or municipalities directly under the Central Government to the State Council for archivist purposes.
(2) The ministerial rules shall be filed by the departments of the State Council to the state council for archivist purposes; the ministerial rules formulated by two and more departments shall be filed by the department in-charge to the State Council for archivist purposes.
(3) The government rules of the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government shall be filed by the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government to the State Council for archivist purposes.
(4) The rules of the people's governments of the districted cities and autonomous prefectures shall be filed by the people's governments of the districted cities and autonomous prefectures to the State Council for archivist purposes; in the meanwhile, they shall be filed to the people's government of the provinces or autonomous regions for archivist purposes.
(5) The regulations of a special economic zone shall be filed for recordation with the State Council by the standing committee of the people's congress of the province or municipality where the special economic zone is located; the regulations of the Pudong New Area shall be filed for recordation with the State Council by the Standing Committee of the Shanghai Municipal People's Congress; the regulations of the Hainan Free Trade Port shall be filed for recordation wi......