Regulations on Drafting Rules (Draft Revisions for Soliciting Comments)

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Chapter I: General provisions

Article 1: These Regulations are formulated on the basis of the relevant provisions of the Law on Legislation so as to standardize procedures for drafting rules, promote scientific and democratic legislation, and ensure the quality of rules.

Article 2: These Regulations apply to the initiation, drafting, review, decision, publication, and interpretation of Rules.

Rules made in violation of these Regulations are void.

Article 3: Rulemaking shall obey the legislative principles and scope of authority designated in the Law on Legislation, and comply with provisions of the Constitution, laws, administrative regulations, and other higher laws.

Article 4: Rulemaking shall truly safeguard the lawful rights and interests of citizens, legal persons, and other organizations, and shall provide for corresponding rights and ensure paths for realizing rights, whenever providing for the performance of obligations.

Rulemaking shall embody the principle of unifying administrative organs' authority and responsibility, and shall provide conditions, procedures, and responsibility that should be borne in the exercise of authority, whenever granting necessary authority.

Article 5: Rulemaking shall begin from the actual conditions, and changed to adapt to the needs of social and economic development, scientifically regulate administrative acts, and advance government's functions such as macroscopic adjustments and control, market oversight and management, social management, public service, and environmental protection.

Rulemaking shall comply with principles of simplification, unification, and efficacy; with a singe administrative organ undertaking authority that is the same of similar, and simplifying formalities for administrative management.

Article 6: Rules are usually titled "Provisions" or "Measures", but must not be titled "Regulations".

Article 7: Rules shall use language that is accurate and concise, and their content shall be clear, specific, targeted and enforceable.

In principle, rules are not to make redundant provisions on content that is already clearly provided for by laws and regulations.

Except where content is complicated, Rules are generally not to be divided into chapters and sections.

Article 8: The departments and commissions under the State Council, the People's Bank of China, the National Audit Office, and directly controlled institutions with administrative regulatory functions may make rules within the scope of that agency's authority on the basis of laws, state council administrative regulations, decisions, or orders.

The matters provided for by departmental rules shall be within the scope of enforcing laws or State Council administrative regulations, decisions, or orders. Departmental rules not based on a law, State Council administrative regulation, decision or order must not impair the rights of citizens, legal persons, and other organizations, or increase the scope of their obligations; and must not increase the power of that department or reduce that department's legally provided duties.

Article 9: Where matters involve the scope of authority of two or more departments of the State Council, but conditions are not ripe for the formulation of administrative regulations and it is necessary to make rules, the relevant departments of the State Council shall jointly make the rules.

In the situations provided for in the preceding paragraph, the Rules made by a single one of the relevant departments of the State Council are ineffective.

Article 10: The people's governments of provinces, autonomous regions, directly-governed municipalities, districted cities, or autonomous prefectures may make rules on the basis of laws and administrative regulations as well as local regulations of their respective provinces, autonomous regions, or directly governed municipalities.

Local government rules may be made on the following matters:

(1) Matters for which it is necessary to make rules for the implementation of laws, administrative regulations, or local regulations;

(2) Specific matters that fall within the administrative management of their administrative region.

The making of local governmental rules by the people's governments of sub-districted cities and autonomous prefectures according to paragraphs 1 and 2 of is limited to matters relating to areas such as urban and rural construction and administration, environmental protection, historical and cultural protection. Existing local government rules involving matters other than those relating to the aforementioned matters remain valid.

Where local regulations should be formulated but the conditions are not yet ripe, local governmental rules may be made first to satisfy the urgent needs of administrative management. Where it is still necessary to implement administrative measures provided for by local rules that have been in effect for two years, the local people's congress or its standing committee shall be requested to enact local regulations.

Local governmental rules may not lay down any regulation impairing the rights of, or increasing the duties of citizens, legal persons or other organizations, without a basis in law, administrative regulations, or local regulations.

 

Chapter II: Initiation

Article 11: Where the internal bodies or other bodies of a State Council department finds it necessary to enact departmental rules, they shall apply to said department for initiation of the project.

Where the working departments, or lower level people's governments, under the people's governments of provinces, autonomous regions, directly governed municipalities, districted cities, or autonomous prefectures find it necessary to make local government rules, they shall request that the provincial, autonomous region, directly governed municipality, districted city or autonomous prefecture's people's government initiate the project.

Article 12: Applications for initiating rule making shall explain the necessity of making the rules, the main problems to be solved, the main systems to be established, and so forth.

Article 13: The legislative affairs bodies of State Council departments and the legislative affairs bodies of the people's governments of provinces, autonomous regions, directly governed municipalities, districted cities, and autonomous prefectures (hereinafter a "legislative affairs bodies") shall conduct research and debate [论证] on the applications for initiation they receive, focusing on the necessity, timing, and conditions for enactment are matured.

Article 14: Legislative affairs bodies may open rulemaking projects for solicitation of public comment. For rulemaking projects receiving wide public attention, legislative affairs bodies shall communicate and consult with relevant units to research and debate whether to include them in annual rulemaking work plans.

Article 15: On the foundation of the research and debate conducted on applications for project initiation and comments submitted by the public on rulemaking projects, the legislative affairs bodies are to draw up drafts of annual rulemaking workplans for their own departments or people's governments, and release them to the public after having submitted them to their department and the people's governments at that level for approval.

Annual rulemaking workplans shall make clear rule's titles, drafting units, and expected completion times.

Article 16: Departments of the State Council as well as the people's governments of provinces, autonomous regions, directly governed municipalities, districted cities, and autonomous prefectures, shall strengthen the leadership over the implementation of annual rulemaking work plans. Drafting units shall take hold of work on projects included in annual rulemaking work plans, and follow requirements to report up to their departments or the people's government for that level, for decisions. Legislative affairs bodies shall promptly keep track of the implementation annual rulemaking workplans, and strengthen organizational coordination and supervisory guidance.

In the course of implementation, annual rulemaking work plans may be adjusted on the basis of actual circumstances; and supplementary research an debate shall be conducted on any rules projects to be added.

 

Chapter III: Drafting

 

Article 17: The drafting of departmental rules is organized by State Council departments, and the drafting of local governmental rules is organized by the people's governments of provinces, autonomous regions, directly governed municipalities, districted cities, and autonomous prefectures.

State Council departments may designate one or more of their internal bodies, or other bodies, as specifically responsible for drafting efforts, and may also designate their legislative affairs bodies as responsible for drafting or organizing the drafting.

People's governments of provinces, autonomous regions, directly governed municipalities, districted cities, or autonomous prefectures may designate one or more of their departments as specifically responsible for drafting work, and may also designate their legislative affairs bodies as responsible for drafting or organizing the drafting.

Relevant experts, educational and scientific research units, social organizations, and the like may be invited to participate in the drafting of rules; and relevant experts, educational and scientific research units, social groups, and the like may also be entrusted with the drafting.

Article 18: Drafting of rules is to have in-depth investigation and research, summation of practical experience, and broad hearing of views. Hearing opinions may employ various forms such as written solicitation of comments, symposia, research and debate meetings, and hearings.

Article 19: In drafting Rules, the draft Rule and its explanation shall be released to the public for the solicitation of comments. The period for release to the public to solicit comments is usually not less than thirty days. A report may be made to the public on the solicited comments.

Article 20: When drafting rules that directly involve the vital interests of citizens, legal persons, or other organizations, or rules that relevant organs, organizations, or citizens have major difference of opinions over, the drafting units may hold hearings to listen to opinions. Hearings are organized in accordance with the following procedures:

(1) Hearings are held publicly, and the drafting units shall release the time, location, and subject of the hearings 30 days before the hearings are held;

(2) Relevant organs, organizations, and citizens attending hearings have the right to raise questions and express opinions regarding the rules being drafted;

(3) Transcripts shall be made of the hearings, and shall truthfully record the speaker's principal views and the reasons therefore;

(4) The drafting units shall earnestly study the various opinions reflected at the hearings, and shall explain the of handling of opinions from hearings, and the reasons therefore, when submitting drafted rules for review.

Article 21: In drafting rules, the opinions of relevant organs and local people's governments shall be solicited in writing, and the opinions of relevant people's congress delegates, CPPCC members, democratic parties, social groups and so forth shall be actively solicited.

Article 22: In drafting departmental rules that involve the duties of other State Council departments or are closely related to other State Council departments, the drafting units shall fully solicit the opinions of other State Council departments. Where the drafting units and other departments have differing opinions, they shall consult with each other fully; where a consensus cannot be reached after full consultation, the drafting units shall explain the situations and reasons when submitting drafts for review of draft rules (hereinafter abbreviated as "Rule Deliberation Draft").

In drafting local government rules that involve the duties of other departments at that level of people's government or are closely related to other departments, the drafting units shall fully solicit the opinions of the other departments. Where the drafting units and other departments have differing opinions, they shall consult with each other fully; where a consensus cannot be reached after full consultation, the drafting units shall explain the situations and reasons when submitting Rule Deliberation Drafts.

Article 23: Drafting units shall submit the Rule Deliberation Draft, their explanations, different opinions on major issues in the Rule Deliberation Draft, and other relevant reference materials, for review.

Rule Deliberation Drafts that are submitted for review shall be signed by the principal responsible persons of the drafting units; and Rule Deliberation Drafts that are jointly drafted by multiple drafting units shall be jointly signed by the principal responsible persons of those drafting units.

The explanations of Rule Deliberation Drafts shall explain the necessity and feasibility of making the rules, the main measures prescribed, the opinions of relevant sectors, and the handling of major difference of opinions, and so forth.

The relevant reference materials primarily include circumstances of public solicitation of comments or written solicitation of comments, records of hearings, investigation and research reports, relevant foreign and domestic legislative materials, and so forth.

 

Chapter IV: Review

 

Article 24: Rule Deliberation Drafts are uniformly reviewed by legislative affairs bodies. Legislative affairs bodies are to conduct review of Drafts for Review primarily with regard to the following areas:

(1) Whether they comply with the provisions of articles 3, 4, and 5 of these Regulations;

(2) Whether they are coordinated or linked with relevant rules;

(3) Whether the opinions of relevant organs, organizations, and citizens on major issues of the Rule Deliberation Draft have been correctly handled;

(4) Whether they comply with technical legislative requirements;

(5) Other content that needs to be reviewed.

Article 25: Where Rule Deliberation Drafts have any of the following circumstances, legislative affairs bodies may delay action or return them to the drafting units:

(1) The basic conditions for making the rules are not yet ripe;

(2) There is considerable controversy among relevant organs and departments over the main systems provided for in the Rule Deliberation Draft, and the drafting units have not consulted with relevant organs or departments;

(3) The deliberation draft does not comply with the provisions of article 23 of these Regulations.

Article 26: The legislative affairs bodies should send the Draft Rules for Review or the principal issues related to the Draft Rules for Review to relevant organs, organizations, and experts for consultation.

Article 27: Legislative affairs bodies shall conduct investigations and research at the basic level, hearing the opinions of relevant basic-level organs, organizations, and citizens on the major issues involved in the Rule Deliberation Drafts.

Article 28: Where Rule Deliberation Drafts involve major issues, the legislative affair bodies shall convene a symposia or debate sessions at which the relevant organs, organizations, experts and so forth participate, to hear their opinions and debate on research.

Article 29: Where Rule Deliberation Drafts directly involve the vital interests of citizens, legal persons, or other organizations, or where relevant organs, organizations, or citizens have major difference of opinions over Rule Deliberation Drafts the legislative affairs bodies may openly solicit public comments; where the drafting units have not conducted hearings during the drafting process, the legislative affairs bodies may conduct hearings.

Where hearings are held, they shall be organized in accordance with the procedures in article 20 of these Regulations.

Article 30: Where relevant departments of the State Council have different views on issues involved in Rule Deliberation Drafts, such as the main measures, management systems, or divisions of authority; the drafting units shall coordinate and reach a consensus; where a consensus cannot be reached, the main issues, they views of relevant departments and the views of the unit, shall be submitted to the State Council for a decision.

Where the relevant bodies or departments of People's governments of provinces, autonomous regions, directly governed municipalities, sub-districted cities, or autonomous prefectures, have different opinions on issues such as the primary measures, management systems, or divisions of authority and work involved in a Rule Deliberation Draft, the legislative bodies shall coordinate and reach a consensus opinion, where a consensus opinion cannot be reached, they shall send the main issues, the opinions of relevant bodies or departments, and the legislative affairs body's view to the people's government of that level for a decision.

Drafting units and legislative affairs bodies may invite experts, education and scientific research units, social organizations, and so forth to assess areas of major disagreement in Rule Deliberation Drafts.

Article 31: Legislative affairs bodies shall earnestly research all opinions, and after consulting with the drafting unit, amend the Rule Deliberation Draft, to form a draft rule and the explanation of that rule. The explanation shall include the major issues to be resolved and the main procedures established by the rulemaking, and the coordination of relevant departments.

Draft rules and explanations are to be signed by the principle responsible person of the legislative affairs body, and a request for deliberation by the relevant committee of that department or that level of people's government is to be submitted.

Article 32: Draft rules drafted by legislative affairs bodies or for which the drafting was organized by the legislative affairs bodies, are to be signed by the principle responsible person of the legislative affairs body, and a request for deliberation by the relevant committee of that department or that level of people's government is to be submitted.

 

Chapter V: Decision and Publication

Article 33: Departmental Rules shall be decided on by ministerial meetings or commission meetings.

Local government rules shall be decided on by the government executive meeting or plenary meeting.

Article 34: When deliberating draft rules, the legislative affairs body is to make explanations and the drafting may also do so.

Article 35: The legislative affairs bodies shall amend draft rules on the basis of the relevant committees deliberation comments, to form an Amended Draft, and report this to their department head or provincial governor, chairman of the autonomous region, mayor, of magistrate of an autonomous prefecture, to sign an order for their publication.

Article 36: Orders to publish rules shall clearly indicate the rule's rulemaking organ, number, title, date of passage, date of implementation, and the signature of the department head, provincial governor, chairman of the autonomous region, mayor, or magistrate of an autonomous prefecture, as well as the date of publication. Amended rules shall further indicate the amending organ and date of amendment for each instance.

Joint departmental regulations are to be signed and released by the heads of the joint rulemaking departments, and use the sequence number of the primary organ.

Article 37: After departmental rules are signed and published, they are to be promptly published in the State Council or Department Gazette and on the Chinese Government Legal Information Network, that department's website, as well as in newspapers with a national circulation.

After local government rules are signed and released, they are to be promptly published in the people government bulletin and on the Chinese Government Legal Information Network, that department's website, as well as in newspapers with a national circulation.

The text of rules published in the State Council Bulletin, Department Bulletins, or local people's government bulletins are the standard text.

Article 38: Rules shall take effect 30 days after promulgation; but when involving national security, foreign exchange rates, and the determination of monetary policy, and where failing to immediately implement the rules after promulgation will impede their implementation, the rules may take effect upon promulgation.

 

Chapter VI: Interpretation and Filing

Article 39: The authority to interpret rules lies with the organs drafting the rules.

Where rules have any of the following circumstances, they are to be interpreted by the drafting organs:

(1) the specific meaning of a provision of the rules requires further clarification;

(2) a new situation arises after enactment of the rules, thereby requiring clarification of the basis of its application.

The interpretation of rules is to have the legislative affairs body of the rulemaking organ refer to the procedures for review of the Rule Deliberation Draft, submit opinions, and release these after approval by the rulemaking organ.

The interpretations of rules have the same force as the rules themselves.

Article 40: Within 30 days of their promulgation, the legislative affairs bodies shall file rules with the relevant organs in accordance with provisions of the Law on Legislation and the "Regulations on the Filing of Regulations and Rules".

Article 41: Where national organs, social groups, enterprises, public institutions, organizations, or citizens feel that the rules of people's governments of districted cities or autonomous prefectures contravene laws or administrative regulations, or conflict with the provisions of higher-level legislation, they may also submit written recommendation for review to the provincial or autonomous region people's governments, and that provincial or autonomous region people government's legislative affairs body is to research it and issue a disposition opinion, and follow the provided procedures for disposition.

Where national organs, social groups, enterprises, public institutions, organizations, or citizens feel that the rules of people's governments of districted cities or autonomous prefectures contravene laws or administrative regulations, or conflict with the provisions of higher-level legislation, they may also submit written recommendation for review to the provincial or autonomous region people's governments, and that provincial or autonomous region people government's legislative affairs body is to research it and issue a disposition opinion, and follow the provided procedures for disposition.

Chapter VII: Supplemental Provisions

 

Article 42: The making and release of generally binding decisions or orders by people's governments at or above the county level that by law do not possess rulemaking authorities is to proceed with reference to the procedures prescribed by these Regulations.

Article 43: The people's governments of provinces, autonomous regions, directly-governed municipalities, districted cities, or autonomous prefectures shall frequently clean up regulations, and where inconsistencies or contradictions with new laws, administrative regulations or provisions of other higher-level legislation are discovered, or where they are not suited to the needs of economic and social development or comprehensively deepening reforms, they shall be promptly amended or abolished.

For the procedures for amending or abolishing rules, proceed with reference to the relevant provisions of these Regulations.

Article 44: The departments of the State Council and the people's governments of provinces, autonomous regions, directly-governed municipalities, districted cities, and autonomous prefectures, may organize post-legislative assessments of relevant rules or the relevant provisions of rules.

Article 45: The editing and publishing of official versions, minority language versions, and foreign language versions of rules compilations, is to be carried out by legislative affairs bodies in accordance with the relevant provisions of the "Regulations on the Administration of Editing and Publishing of Compilations of Regulations."

Article 46: These Regulations are to take effect 20XX/X/X.

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