(Adopted at the third Session of the Ninth National People's
Congress on March 15, 2000 and promulgated by Order No. 31 of the
President of the People's Republic of China on March 15, 2000)
Contents
Chapter I???? General
Provisions
Chapter II??? Laws
? Section 1?? Limits of Legislative
Power
? Section 2?? Legislation Procedures for
the National People's Congress
? Section 3?? Legislation Procedures for
the Standing Committee of the National People's
Congress
? Section 4?? Legal
Interpretation
? Section 5?? Other
Provisions
Chapter III?? Administrative
Regulations
Chapter IV??? Local Regulations,
Autonomous Regulations, Separate? Regulations and
Rules
? Section 1?? Local Regulations,
Autonomous Regulations and? Separate Regulations
? Section 2?? Rules
Chapter V???? Application and
Record
Chapter VI??? Supplementary
Provisions
Chapter I General
Provisions
Article 1? This Law is enacted in accordance with the
Constitution with a view to standardizing legislation, establishing
a sound legislative system of the State, establishing and improving
the socialist legal system with Chinese characteristics,
safeguarding and developing socialist democracy, promoting the
government of the country according to law and building a socialist
country under the rule of law.
Article 2? This Law shall be applicable to the enactment,
revision and nullification of laws, administrative regulations,
local regulations, autonomous regulations and separate
regulations.
The rules of the departments under the State Council and of the
local governments shall be formulated, revised and nullified in
accordance with the relevant provisions of this Law.
Article 3? Laws shall be made in compliance with the basic
principles laid down in the Constitution, principles of taking
economic development as the central task, adhering to the socialist
road and the people's democratic dictatorship, upholding leadership
by the Communist Party of China, upholding Marxism-Leninism, Mao
Zetong Thought and Deng Xiaoping theory and persevering in reform
and in opening to the outside world.
Article 4? Laws shall be made in accordance with the
statutory limits of power and procedures, on the basis of the
overall interests of the State and for the purpose of safeguarding
the uniformity and dignity of the socialist legal system.
Article 5? Laws shall be made in order to embody the will
of the people, enhance socialist democracy and guarantee that the
people participate in legislative activities through various
channels.
Article 6? Law shall be made by proceeding from reality and
scientifically and rationally prescribing the rights and duties of
citizens, legal persons and other organizations, and the powers and
responsibilities of State organs.
Chapter II Laws
Section 1 Limits of Legislative Power
Article 7? The National People's Congress and its Standing
Committee exercise the legislative power of the State.
The National People's Congress enacts and amends basic laws
governing criminal offences, civil affairs, the State organs and
other matters.
The Standing Committee of the National People's Congress enacts
and amends laws other than the ones to be enacted by the National
People's Congress, and when the National People's Congress is not
in session, partially supplements and amends laws enacted by the
National People's Congress, but not in contradiction to the basic
principles of such laws.
Article 8? The following affairs shall only be governed by
law:
(1) affairs concerning State sovereignty;
(2) formation, organization, and the functions and powers of the
people's congresses, the people's governments, the people's courts
and the people's procuratorates at all levels;
(3) the system of regional national autonomy, the system of
special administrative region, the system of self-government among
people at the grassroots level;
(4) criminal offences and their punishment;
(5) mandatory measures and penalties involving deprivation of
citizens of their political rights or restriction of the freedom of
their person;
(6) requisition of non-State-owned property;
(7) basic civil system;
(8) basic economic system and basic systems of finance,
taxation, customs, banking and foreign trade;
(9) systems of litigation and arbitration; and
(10) other affairs on which laws must be made by the National
People's Congress or its Standing Committee.
Article 9? If laws have not been enacted on the affairs
specified in Article 8 of this Law, the National People's Congress
or its Standing Committee has the power to make a decision to
authorize the State Council to formulate, according to actual
needs, administrative regulations first on part of those affairs,
except for the affairs concerning criminal offences and their
punishment, mandatory measures and penalties involving deprivation
of citizens of their political rights or restriction of the freedom
of their person, and the judicial system.
Article 10? In a decision on authorization, the purpose and
scope of the authorization shall be clearly defined.
The authorization organ shall exercise the power strictly in
compliance with the authorized purpose and scope.
The authorized organ may not impart the authorized power to any
other organs.
Article 11?? After the administrative regulations on
an affair formulated under authorization have been tested in
parctice and when the conditions are ripe for making a law on the
affair, the National People's Congress or its Standing Committee
shall make a law on it in a timely manner. As soon as the law is
made, the authorization with regard to that matter shall be
terminated accordingly.
Section 2 Legislation Procedures for the National
People's Congress
Article 12? The Presidium of the National People's Congress
may submit to the National People's Congress legislative bills,
which shall be deliberated by the session of the National People's
Congress.
The Standing Committee of the National People's Congress, the
State Council, the Central Military Commission, the Supreme
People's Court, the Supreme People's Procuratorate and the special
committees of the National People's Congress may submit to the
National People's Congress legislative bills, which shall be put on
the agenda of a session by decision of the Presidium.
Article 13? A delegation or a group of thirty or more
deputies may submit a legislative bill to the National People's
Congress. The Presidium shall decide whether or not to put it on
the agenda of the session, or shall refer do so after referring the
bill to a relevant special committee for deliberation and for
making a proposal as to whether to put it on the agenda.
When the special committee holds a meeting to deliberate the
bill, it may invite the sponsoring person to attend the meeting and
express opinions.
Article 14? A legislative bill to be submitted to the
National People's Congress may be submitted first to the Standing
Committee when the National People's Congress is not in session,
and after the Standing Committee? has deliberated on it at its
meetings in accordance with the procedures stipulated in Section 3
of Chapter II of this Law and decides to submit it to the National
People's Congress for deliberation, the Standing Committee or the
sponsor shall make explanations to a plenary meeting of the
session.
Article 15? When the Standing Committee decides to submit a
legislative bill to a session of the National People's Congress for
deliberation, it shall distribute the draft bill to the deputies
one month before the session is convoked.
Article 16? The legislative bill that has been placed on
the agenda of a session of the National People's Congress shall be
deliberated on by all the delegations after the explanation made by
the sponsor has been heard at a plenary meeting of the session.
When the delegations are deliberating on a legislative bill, the
sponsor shall send people to listen to their opinions and answer
inquiries.
When the delegations are deliberating on a legislative bill, the
relevant organ or organization shall, at the request of the
delegations, send people to give briefings therefor.
Article 17? The legislative bill that has been placed on
the agenda of a session of the National People's Congress shall be
deliberated by the relevant special committee which shall submit
its deliberated opinions to the Presidium, and the opinions shall
also be printed and distributed at the session.
Article 18? The legislative bill that has been placed on
the agenda of a session of the National People's Congress shall be
subject to a unified deliberation by its Law Committee on the basis
of the deliberated opinions of the various delegations and the
relevant special committee. The Law Committee shall submit to the
Presidium a report on the result of its deliberation and a revised
draft law; major dissenting views shall be stated in the report.
After examination and approval by the Presidium, the report and the
draft law shall be printed and distributed at the session.
Article 19? With regard to a legislative bill that has been
placed on the agenda of a session of the National People's
Congress, the executive chairmen of the Presidium may, when
necessary, convene a meeting of the heads of the various
delegations to hear and discuss the deliberated opinions of the
delegations on major questions in the legislative bill, and report
the result of the discussion and the opinions expressed to the
Presidium.
The executive chairmen of the Presidium may also convene a
meeting of the interested deputies recommended by the delegations
to discuss the major, special questions in the legislative bill,
and report the result of the discussion and the opinions expressed
to the Presidium.
Article 20? With regard to a legislative bill that has been
placed on the agenda of a session of the National People's
Congress, if the sponsor requests its withdrawal before it is put
to vote, he shall state the reasons, and deliberation of the bill
at the session shall terminate as soon as the Presidium has
accepted the request and reported the matter to the session.
Article 21? Where important questions raised during the
deliberation on a legislative bill call for further study, the
Congress may, by decision of a plenary meeting according to a
proposal made by the Presidium, authorize the Standing Committee to
further deliberate on the bill on the basis of deputies' opinions,
to make a decision and to give a report on the decision to the next
session of the National People's Congress; or the Standing
Committee may be authorized to further deliberate on the bill on
the basis of deputies' opinions, to work out a revision proposal
and to submit it to the next session of the National People's
Congress for deliberation and decision.
Article 22? After a revised draft of the legislative bill
has been deliberated on by the various delegations, the Law
Committee shall revise revised draft according to the deliberated
opinions of the delegations and prepare a draft for vote, the
Presidium shall submit it for vote to a plenary meeting of the
session, and the draft shall be subject to adoption by a simple
majority of all the deputies.
Article 23? A law adopted by the National People's Congress
shall be promulgated by Order of the President signed by the
President of the People's Republic of China.
Section 3 Legislation Procedures for the Standing
Committee of the National People's Congress
Article 24? The Council of Chairmen may submit legislative
bills to a meeting of the Standing Committee for deliberation.
The State Council, the Central Military Commission, the Supreme
People's Court, the Supreme People's Procuratorate or a special
committee of the National People's Congress may submit a
legislative bill to the Standing Committee, and the Council of
Chairmen shall decide whether to put it on the agenda of a meeting
of the Standing Committee or to refer it first to the relevant
special committee for deliberation before deciding whether to put
it on the agenda of a meeting of the Standing Committee in light of
the report submitted by the relevant special committee. If the
Council of Chairmen believes that the legislative bill contains
major questions calling for further study, it may advise the
sponsor of the bill to revise and improve the bill before
submitting it to the Standing Committee.
Article 25? Ten or more of the members of the Standing
Committee may jointly submit a legislative bill to the Standing
Committee, and the Council of Chairmen shall decide whether to put
it on the agenda of a meeting of the Standing Committee, or to
refer it first to the relevant special committee for deliberation
before deciding whether to put it on the agenda of a meeting of the
Standing Committee in light of the suggestions as to whether to put
it on the agenda submitted by the relevant special committee. If
the Council of Chairmen decides not to put the legislative bill on
the agenda of a meeting of the Standing Committee, it shall report
the matter to a meeting of the Standing Committee or give an
explanation to the sponsor.
When a special committee holds a meeting to deliberate on a
bill, the sponsor may be invited to attend the meeting and express
opinions.
Article 26? When a legislative bill is placed on the agenda
of a meeting of the Standing Committee, its draft shall, except
under special circumstances, be delivered to the component members
of the Standing Committee seven days before the meeting.
Article 27? As a rule, a legislative bill placed on the
agenda of a meeting of the Standing Committee shall be put to vote
after deliberations at three meetings of the Standing
Committee.
When the Standing Committee is to deliberate on a legislative
bill for the first time, it shall hear the explanation made by the
sponsor at a plenary meeting, and then preliminary deliberation
shall be conducted at group meetings.
When the Standing Committee is to deliberate on a legislative
bill for the second time, it shall hear the report made by the Law
Committee on the revision of the draft and the main problems
thereof at a plenary meeting, and then further deliberation shall
be conducted at group meetings.
When the Standing Committee is to deliberate on a legislative
bill for the third time, it shall hear the report made by the Law
Committee on the result of its deliberation on the draft at a
plenary meeting, and then the revised draft of the legislative
b8ill be deliberated on at group meetings.
When the Standing Committee is to deliberate on a legislative
bill, it may, according to needs, convene joint group meetings or
plenary meetings to discuss the main questions contained in the
draft.
Article 28? If the various quarters have a consensus in the
main on a legislative bill placed on the agenda of a meeting of the
Standing Committee, the bill may be put to vote after deliberation
at two meetings of the Standing Committee; if the various quarters
have a consensus in the main on a legislative bill concerning
partial amendment of a law, the bill may be put to vote after
deliberated at one meeting only.
Article 29? When group meetings of the Standing Committee
are held to deliberate on a legislative bill, the sponsor shall
send people to listen to opinions and answer inquires.
When group meetings of the Standing Committee are held to
deliberate on a legislative bill, the relevant organ or
organization shall, at the request of any group, send people to
give briefings thereof.
Article 30? The legislative bill placed on the agenda of a
meeting of the Standing Committee shall be deliberated by the
relevant special committee, which shall offer its opinions after
deliberation and have them printed and distributed at the Standing
Committee meeting.
When a special committee holds a meeting to deliberate on a
legislative bill, members of other relevant special committees may
be invited to attend the meeting and express opinions.
Article 31? With regard to a legislative bill placed on the
agenda of a Standing Committee meeting, the Law Committee shall
conduct a unified deliberation on the basis of the opinions
expressed by members of the Standing Committee and relevant special
committees after deliberation as well as the opinions offered by
the various quarters, work out a revision report or a report on the
result of its deliberation and a revised draft of the legislative
bill, and state the major dissenting view in either of the two
reports. It shall give feedback to the relevant special committees
if their deliberated opinions of importance are not accepted.
When the Law Committee holds a meeting to deliberate on a
legislative bill, members of other relevant special committees may
be invited to attend the meeting and express opinions.
Article 32? When a special committee is to deliberate on a
legislative bill, it shall hold a plenary meeting and may, in light
of need, request the relevant organ or organization to send the
leading members concerned to make explanation.
Article 33? Where the special committees disagree on major
questions contained in a draft law, the matter shall be reported to
the Council of Chairmen.
Article 34? With regard to a legislative bill placed on the
agenda of a Standing Committee meeting, the Law Committee, the
relevant special committee and the working offices of the Standing
Committee shall listen to opinions of the various quarters by
holding forums, seminars, hearings, etc.
The working offices of the Standing Committee shall send copies
of the draft law to the relevant organs, organizations and
specialists to solicit their opinions and then sort out the
opinions and submit them to the Law Committee and the relevant
special committee and, where necessary, print and distribute them
at a meeting of the Standing Committee.
Article 35? With regard to a legislative bill placed on the
agenda of a Standing Committee meeting, it may, by decision of the
Council of Chairmen, be published for soliciting opinions. Opinions
gathered from the organs, organizations and citizens shall be sent
to the working offices of the Standing Committee.
Article 36? With regard to a legislative bill placed on the
agenda of a meeting of the Standing Committee, its working offices
shall collect and sort out the deliberated opinions from group
meetings and the opinions offered by the various quarters as well
as other relevant information, and then send them to the Law
Committee and the relevant special committee and, where necessary,
print and distribute them at a meeting of the Standing
Committee.
Article 37? With regard to a legislative bill placed on the
agenda of a meeting of the Standing Committee, if the sponsor
requests its withdrawal before it is put to vote, he shall state
the reasons, and deliberation of the bill at the meeting shall
terminate as soon as the Council of Chairmen has accepted the
request and reported the matter to the Standing Committee.
Article 38? Where a legislative bill has been deliberated
on by the Standing Committee at three meetings and there are still
major questions calling for further study, the Council of Chairmen
may propose, provided with the consent of a joint group meeting or
a plenary meeting, not to put the bill to vote for the time being,
and refer it to the Law Committee and the relevant committee for
further deliberation.
Article 39? Where the deliberation of a legislative bill
has been laid aside for two full years owing to significant
disagreement among the various quarters on the necessity and
feasibility of making the bill into a law, or where a legislative
bill that has been proposed not to be put to vote for the time
being has failed to be placed again on the agenda of a meeting of
the Standing Committee for deliberation within two years, the
Council of Chairmen shall report the matter to the Standing
Committee and deliberation on the said bill shall terminate.
Article 40? After the revised draft of a law has been
deliberated by the Standing Committee at its meeting, the Law
Committee shall further revise it on the basis of the deliberated
opinions of the members of the Standing Committee before preparing
a draft for vote; then, the Council of Chairmen shall request the
Standing Committee to put the draft to vote at a plenary meeting,
and the draft shall be subject to adoption by a simple majority of
the total membership of the Standing Committee.
Article 41? A law adopted by the Standing Committee shall
be promulgated by Order of the President signed by the president of
the People's Republic of China.
Section 4 Legal Interpretation
Article 42? The power of legal interpretation belongs to
the Standing Committee of the National People's Congress.
A law shall be interpreted by the Standing Committee of the
National People's Congress if:
(1)? the specific meaning of a provision needs to be
further defined; or
(2)? after its enactment, new developments make it
necessary to define the basis on which to apply the law.
Article 43? The State Council, the Central Military
Commission, the Supreme People's Court, the Supreme People's
Procuratorate, a special committee of the National People's
Congress and the standing committee of the people's congress of a
province, autonomous region or municipality directly under the
Central Government may request the Standing Committee of the
National People's Congress to give legal interpretation.
Article 44? The working offices of the Standing Committee
shall study and work out a draft for the legal interpretation,
which shall be put on the agenda of the Standing Committee meeting
by decision of the Council of Chairmen.
Article 45? After a draft for legal interpretation has been
deliberated by the Standing Committee at its meeting, the Law
Committee shall, on the basis of the deliberated opinions of
members of the Standing Committee, deliberate on the draft and
revise it before working out a draft legal interpretation for
vote.
Article 46? The draft legal interpretation for vote shall
be subject to adoption by a simple majority of the total membership
of the Standing Committee and be promulgated by the Standing
Committee in an announcement.
Article 47? The legal interpretation adopted by the
Standing Committee of the National People's Congress has the same
effect as the laws enacted by it.
Section 5 Other Provisions
Article 48? When a legislative bill is submitted, a version
of the draft law, its explanation and other necessary information
shall be provided at the same time. The explanation on the draft
law shall cover the necessity of its enactment and its main
contents.
Article 49? With regard to a legislative bill submitted to
the National People's Congress or its Standing Committee, the
sponsor has the right to withdraw it before it is put on the agenda
of a Congress session or Committee meeting.
Article 50? With regard to a legislative bill that has
failed to pass the vote at a plenary meeting of the National
People's Congress or its Standing Committee, if the sponsor still
considers it necessary to enact the proposed law, he may submit the
bill anew in accordance with the statutory procedures, and the
Presidium or the Council of Chairmen shall decide whether to put it
on the agenda of a session of the Congress or a meeting of the
Standing Committee; for a bill that has failed to be adopted by the
National People's Congress, the case shall be referred to the
National People's Congress for deliberation and decision.
Article 51? In a law, the time for its entry into effect
shall be clearly stipulated.
Article 52? In an Order of the President signed for
promulgating a law, the organ that enacts the law, the date of its
adoption and the time for its entry into effect shall be clearly
stated.
Once a law is promulgated upon signing, it shall be published in
the Bulletin of the Standing Committee of the National People's
Congress and in the newspapers with a nationwide distribution.
The text of a law published in the Bulletin of the Standing
Committee shall be the standard text.
Article 53? The procedures for revising or nullifying a law
shall be governed by the relevant provisions in this Chapter.
Where only part of the articles of a law are revised or
nullified, the new text of the law must be promulgated.
Article 54? According to the need of the contents, a law
may consists of parts, chapters, sections, articles, paragraphs,
subparagraphs and items.
The sequence of the different parts, chapters, sections and
articles shall be marked in the order of Chinese numerals, the
sequence of the paragraphs shall not be marked, that of
subparagraphs shall be marked in the order of bracketed Chinese
numerals and that of items marked with Arabic numerals.
In the note to the title of a law, the organ that enacts the law
and the date of adoption shall be clearly stated.
Article 55? The working offices of the Standing Committee
of the National People's Congress may reply, after study, to any
legal inquiries regarding specific questions and shall report
thereon to the Standing Committee for the record.
Chapter III Administrative Regulations
Article 56? The State Council shall, in accordance with the
Constitution and laws, formulate administrative regulations.
The administrative regulations may be formulated to govern the
following matters:
(1) matters requiring the formulation of administrative
regulations in order to implement the provisions of law; and
(2) matters within the administrative functions and powers of
the State Council as provided for in Article 89 of the
Constitution.
When the administrative regulations governing an affair which
has been formulated first by the State Council under authorization
decided on by the National People's Congress or its Standing
Committee, an affair on which the National People's Congress or its
Standing Committee is responsible to make a law, have been tested
in practice and when the conditions are ripe for making a law on
the affair, the State Council shall, in a timely manner, request
the National People's Congress or its Standing Committee to make
the law.
Article 57? The drafting of administrative regulations
shall be arranged by the State Council. Where a relevant department
under the State Council considers it necessary to formulate
administrative regulations to govern a matter, it shall apply to
the State Council for including the matter in its legislation
list.
Article 58? In drafting administrative regulations,
opinions from relevant organs, organizations and citizens shall be
widely listened to, and forums, seminars, hearings, etc. may be
held for the purpose.
Article 59? When the drafting of the administrative
regulations is completed, the drafting unit shall submit the draft,
its explanation, differing opinions from the various quarters on
major questions in the draft and other relevant information to the
legislative affairs department under the State Council for
examination.
The legislative affairs department under the State Council shall
submit an examination report and a revised draft to the State
Council and in its examination report explain the major questions
in the draft.
Article 60 The decision-making procedures for administrative
regulations shall comply with the relevant provisions in the
Organic Law of the State Council of the People's Republic of
China.
Article 61? Administrative regulations shall be promulgated
by Order of the State Council signed by the Premier of the State
Council.
Article 62? After promulgation upon signing, the
administrative regulations shall immediately be published in the
Bulletin of the State Council and in newspapers with a nationwide
distribution.
The text of the administrative regulations published in the
Bulletin of the State Council shall be the standard text.
Chapter IV Local Regulations, Autonomous Regulations,
Separate Regulations, and Rules
Section 1 Local Regulations, Autonomous Regulations and
Separate Regulations
Article 63? The people's congresses or their standing
committees of the provinces, autonomous regions and municipalities
directly under the Central Government may, in light of the specific
conditions and actual needs of their respective administrative
areas, formulate local regulations, provided that such regulations
do not contradict the Constitution, the laws and the administrative
regulations.
The people's congresses or their standing committees of the
comparatively larger cities may, in light of the specific local
conditions and actual needs, formulate local regulations, provided
that they do not contradict the Constitution, the laws, the
administrative regulations and the local regulations of their
respective provinces or autonomous regions, and they shall submit
the regulations to the standing committees of the people's
congresses of the provinces or autonomous regions for approval
before implementation. The standing committees of the people's
congresses of the provinces or autonomous regions shall examine the
legality of such local regulations which are submitted for
approval, and shall approve them within four months if they do not
contradict the Constitution, the laws, the administrative
regulations, and the local regulations of their respective
provinces or autonomous regions.
When the standing committee of the people's congress of a
province or autonomous region examines the local regulations of a
comparatively larger city submitted for approval, it shall make a
decision to deal with the matter if it finds that the said
regulations contradict the rules of the people's government of the
province or autonomous region.
A "comparatively larger city" used in this Law refers to a city
where a provincial or autonomous regional people's government is
located or where a special economic zone is located, or a city
approved as such by the State Council.
Article 64? Local regulations may be formulated to govern
the following matters:
(1) matters requiring the formulation of specific provisions in
light of the actual conditions of an respective administrative area
for implementing the provisions of laws or administrative
regulations; and
(2) matters of local character that require the formulation of
local regulations.
Except for the affairs provided for in Article 8 of this Law,
the provinces, autonomous regions, municipalities directly under
the Central Government and the comparatively larger cities may, in
light of the specific local conditions and actual needs, first
formulate local regulations on all other affairs for which the
State has not yet formulated any laws or administrative
regulations. Once the laws or administrative regulations formulated
on such matters by the State come into effect, the provisions in
local regulations which contradict the said laws or administrative
regulations shall be null or void, and the organs that have
formulated such regulations shall promptly amend or annul the
provisions.
Article 65? The people's congresses or their standing
committees of the provinces and cities where special economic zones
are located may, upon authorization by decision of the National
People's Congress, formulate regulations and enforce them within
the limits of the special economic zones.
Article 66 The people's congresses of the national autonomous
areas have the power to formulate autonomous regulations and
separate regulations on the basis of the political, economic and
cultural characteristics of the local nationality(nationalities).
The autonomous regulations and separate regulations of the
autonomous regions shall be submitted to the Standing Committee of
the National People's Congress for approval and shall go into
effect upon approval. The autonomous regulations and separate
regulations of the autonomous prefectures or counties shall be
submitted to the standing committees of the people's congresses of
the relevant provinces, autonomous regions or municipalities
directly under the Central Government for approval and shall go
into effect upon approval.
Where certain provisions of the laws and administrative
regulations are concerned, adaptation on the basis of the
characteristics of the local nationality (nationalities) may be
made in autonomous regulations and separate regulations, but such
adaptation may not contradict the basis principles of the laws and
administrative regulations; where the provisions of the
Constitution and the Law on Regional National Autonomy as well as
the provisions in other laws and administrative regulations
specially formulated to govern the national autonomous areas are
concerned, no adaptation may be made.
Article 67? Local regulations governing especially
important matters of an administrative area shall be subject to
adoption by the people's congress of the area.
Article 68? The procedures for submission, deliberation and
voting of bills of local regulations, autonomous regulations or
separate regulations shall be enacted by the people's congress at
the corresponding level in accordance with the Organic Law of the
People's Republic of China on Local People's Congresses and Local
People's Governments and with reference to the provisions of
Sections 2, 3 and 5 in Chapter II of this Law.
The organ in charge of unified deliberation of a draft of local
regulations shall prepare a report on the result of its a
conclusive report on deliberation and a revised draft of the
regulations.
Article 69? Local regulations formulated by the people's
congress of a province, autonomous region or municipality directly
under the Central Government shall be promulgated by the presidium
of the congress in an announcement.
Local regulations formulated by the standing committee of the
people's congress of a province, autonomous region or municipality
directly under the Central Government shall be promulgated by the
standing committee in an announcement.
Local regulations formulated by the people's congress or its
standing committee of a comparatively larger city shall, upon
approval, be promulgated by the standing committee of the people's
congress of the city in an announcement.
Autonomous regulations or separate regulations shall, upon
approval, be promulgated by the standing committee of the local
people's congress? of the autonomous region, autonomous
prefecture or autonomous county in an announcement.
Article 70? Once local regulations or autonomous
regulations and separate regulations of an autonomous region are
promulgated, they shall be published in the gazette of the standing
committee of the local people's congress and in newspapers
distributed within the administrative area.
The text of local regulations or autonomous regulations and
separate regulations published in the gazette of the standing
committee of the people's congress shall be the standard text.
Section 2 Rules
Article 71? The ministries and commissions of the State
Council, the People's Bank of China, the State Audit Administration
as well as the other organs endowed with administrative functions
directly under the State Council may, in accordance with the laws
as well as the administrative regulations, decisions and orders of
the State Council and within the limits of their power, formulate
rules.
Matters governed by the rules of departments shall be those for
the?? enforcement of the laws or the administrative
regulations, decisions and orders of the State Council.
Article 72? With regard to a matter that falls within the
limits of power of two or more departments under the State Council,
the State Council shall be requested to formulate administrative
regulations, or the departments concerned under the State Council
shall jointly formulate rules.
Article 73? The people's governments of the provinces,
autonomous regions, municipalities directly under the Central
Government and the comparatively larger cities may, in accordance
with laws and administrative regulations and the local regulations
of their respective province, autonomous regions or municipalities,
formulate rules.
Local governments may formulate rules to govern the following
matters:
(1) matters requiring the formulation of rules to implement the
provisions of laws, administrative regulations and local
regulations; and
(2) specific administrative matters pertaining to their
respective administrative areas.
Article 74? The procedures for formulating the rules of
departments under the State Council and rules of local governments
shall be enacted by the State Council with reference to the
provisions in Chapter III of this Law.
Article 75? The Rules of departments shall be subject to
decision by the executive meetings of ministries or meetings of
commissions.
The rules of local governments shall be subject to decision by
the executive meetings or plenary meetings of the respective
governments.
Article 76? The rules of departments shall be promulgated
by orders signed by the heads of the departments.
The rules of local governments shall be promulgated by orders
signed by governors of provinces, chairmen of autonomous regions or
mayors.
Article 77? the rules of departments shall, upon
promulgation by signed orders, be promptly published in the gazette
of the State Council or gazettes of the departments and in
newspapers with a nationwide distribution.
The rules of local governments shall, upon promulgation by
signed orders, be promptly published in gazettes of the local
people's governments and in newspapers distributed within their
respective administrative areas.
The text of rules published in the gazette of the State Council
or of the department and in the gazette of the local people's
government shall be the standard text.
Chapter V Application and Record
Article 78? The legal effect of the Constitution is the
highest, and no laws, administrative regulations, local
regulations, autonomous regulations, separate regulations or rules
whatever may contradict it.
Article 79? The effect of laws is higher than that of
administrative regulations, local regulations, and rules.
The effect of administrative regulations is higher than that of
local regulations, and rules.
Article 80? The effect of local regulations is higher than
that of the rules of the local governments at or below the
corresponding level.
The effect of the rules formulated by the people's governments
of the provinces or autonomous regions is higher than that of the
rules formulated by the people's governments of the comparatively
larger cities within the administrative areas of the provinces and
autonomous regions.
Article 81 Where in autonomous regulations or separate
regulations? provisions are formulated in accordance with law
to make adaptations with regard to certain provisions of laws,
administrative regulations or local regulations, the provisions of
the autonomous regulations or separate regulations shall apply in
the autonomous areas concerned.
Where regulations of special economic zones are formulated, upon
authorization, to make adaptations with regard to certain
provisions of laws, administrative regulations or local
regulations, the provisions of the regulations of special economic
zones shall apply in the special economic zones concerned.
Article 82? The effect of the rules of different
departments is equal between the departments, and the effect of the
rules of departments and of the rules of local governments is equal
between the departments and local governments; their application
shall be confined to their respective limits of authority.
Article 83? With regard to laws, administrative
regulations, local regulations, autonomous regulations, separate
regulations or rules, if they are formulated by one and same organ
and if there is inconsistency between special provisions and
general provisions, the special provisions shall prevail; if there
is inconsistency between the new provisions and the old provisions,
the new provisions shall prevail.
Article 84? Laws, administrative regulations, local
regulations,? autonomous regulations, separate regulations and
rules shall not be retroactive, but the regulations formulated
specially for the purpose of better protecting the rights and
interests of citizens, legal persons and other organizations are
excepted.
Article 85? Where there is inconsistency between the new
general provisions and the old special provisions in different laws
governing one and the same matter and it is hard to decide which
provisions shall prevail, a ruling shall be made by the Standing
Committee of the National People's Congress.
Where there is inconsistency between the new general provisions
and the old special provisions in different administrative
regulations governing one and the same matter and it is hard to
decide which provisions shall prevail, a ruling shall be made by
the State Council.
Article 86? Where there is inconsistency between local
regulations and rules, a ruling shall be made by the organ
concerned according to the limits of power prescribed below:
(1) Where there is inconsistency between the new general
provisions and the old special provisions formulated by one and the
same organ, the said organ shall make a ruling;
(2) Where there is inconsistency between the provisions of local
regulations and those of the rules of departments governing one and
same matter and it is hard to decide which provisions shall
prevail, the State Council shall make a decision; if it considers
that the provisions of the local regulations should be applied, it
shall decide that the provisions of the local regulations be
applied in the locality concerned; if it considers that the rules
of departments should be applied, the case shall be submitted to
the Standing Committee of the National People's Congress for a
ruling; and
(3) Where there is inconsistency between the provisions in the
rules of different departments or between the provisions in the
rules of the departments and those in the rules of local
governments governing one and the same matter, the State Council
shall make a ruling.
Where there is inconsistency between the regulations formulated
upon authorization and the provisions of laws and it is hard to
decide which shall prevail, the Standing Committee of the National
People's Congress shall make a ruling.
Article 87? Under any of the following circumstances, laws,
administrative regulations, local regulations, autonomous
regulations, separate regulations or rules shall be altered or
annulled by the organ concerned in accordance with the limits of
power prescribed in Article 88 of this Law:
(1) where the limits of power are transcended;
(2) where provisions of the legislation of lower levels
contravene those of the legislation of upper levels;
(3) where, because of inconsistency between the provisions of
different rules governing one and the same matter, it is ruled that
the provisions of one side be altered or annulled;
(4) where the provisions of rules are considered inappropriate
and should therefore be altered or annulled; or
(5) where legal procedures are violated.
Article 88? The limits of power for altering or annulling
laws, administrative regulations, local regulations, autonomous
regulations, separate regulations or rules are as follows:
(1) The National People's Congress has the power to alter or
annul any inappropriate laws enacted by its Standing Committee, and
to annul any autonomous regulations or separate regulations which
have been approved by its Standing Committee but which contravene
the Constitution or the provision of the second paragraph in
Article 66 of this Law;
(2) The Standing Committee of the National People's Congress has
the power to annul any administrative regulations which contradict
the Constitution and laws, to annul any local regulations which
contradict the Constitution, laws or administrative regulations,
and to annul any autonomous regulations or separate regulations
which have been approved by the standing committees of the people's
congresses of the relevant provinces, autonomous regions or
municipalities directly under the Central Government but which
contravene the Constitution or the provision of the second
paragraph in Article 66 of this Law;
(3) The State Council has the power to alter or annul any
inappropriate rules of the departments and of local
governments;
(4) The people's congress of a province, autonomous region or
municipality directly under the Central Government has the power to
alter or annul any inappropriate local regulations formulated or
approved by its standing committee;
(5) The standing committee of a local people's congress has the
power to annul any inappropriate rules formulated by the people's
government at the same level;
(6) The people's government of a province or autonomous region
has the power to alter or annul any inappropriate rules formulated
by people's governments at the next lower level; and
(7) The authorizing organ has the power to annul any of the
regulations formulated by an authorized organ that transcends the
authorized limits of power or contravenes the authorized purpose,
and when necessary, may revoke the authorization.
Article 89? Administrative regulations, local regulations,
autonomous regulations, separate regulations and rules shall,
within 30 days from the date of promulgation, be reported to the
organ concerned for the record in accordance with the following
provisions:
(1) Administrative regulations shall be reported to the Standing
Committee of the National People's Congress for the record;
(2) Local regulations formulated by the people's congresses or
their standing committees of provinces, autonomous regions and
municipalities directly under the Central Government shall be
reported to the Standing Committee of the National People's
Congress and the State Council for the record; local regulations
formulated by the people's congresses or their standing committees
of the comparatively larger cities shall be reported by the
standing committees of the people's congresses of the relevant
provinces and autonomous regions to the Standing Committee of the
National People's Congress and the State Council for the
record;
(3) Autonomous regulations and separate regulations formulated
by autonomous prefectures and autonomous counties shall be reported
by the standing committees of people's congresses of the relevant
provinces, autonomous regions or municipalities directly under the
Central Government to the Standing Committee of the National
People's Congress and the State Council for the record;
(4)? The rules of a department and of a local government
shall be reported to the State Council for the record. The rules of
a local government shall at the same time be reported to the
standing committee of the people's congress at the same level for
the record. The rules formulated by the people's government of a
comparatively larger city shall simultaneously be reported to the
standing committee of the people's congress and to the people's
government of the relevant province or autonomous region for the
record; and
(5) Regulations formulated upon authorization shall be reported
to the organ specified by the authorization decision for the
record.
Article 90? When the State Council, the Central Military
Commission, the Supreme People's Court, the Supreme People's
Procuratorate and the standing committees of the people's
congresses of the provinces, autonomous regions and municipalities
directly under the Central Government consider that administrative
regulations, local regulations, autonomous regulations or separate
regulations contradict the Constitution or laws, they may submit to
the Standing Committee of the National People's Congress written
requests for examination, and the working offices of the Standing
Committee shall refer the requests to the relevant special
committees for examination and suggestions.
When State organs other than the ones mentioned in the preceding
paragraph, public organizations, enterprises and institutions or
citizens consider that administrative regulations, local
regulations, autonomous regulations or separate regulations
contradict the Constitution or laws, they may submit to the
Standing Committee of the National People's Congress written
suggestions for examination, and the working offices of the
Standing Committee shall study the suggestions and shall, when
necessary, refer them to the relevant special committees for
examination and suggestions.
Article 91? When after examination a special committee of
the National People's Congress considers that administrative
regulations, local regulations, autonomous regulations or separate
regulations contradict the Constitution or laws, it may submit
written suggestions to the organ that has formulated the
regulations for examination; or the Law Committee and other
relevant special committees may convene a joint meeting for
examination and request the said organ to attend the meeting and
give an explanation, and then after examination submit to the organ
written comments and suggestions. The organ that has formulated the
regulations shall, within two months, study and put forth
suggestions as to whether to revise the regulations, and shall give
feedback to the Law Committee and other relevant special committees
of the National People's Congress.
If, after examination, the Law Committee and other relevant
special committees of the National People's Congress consider that
administrative regulations, local regulations, autonomous
regulations or separate regulations contradict the Constitution or
laws and the organ that has formulated such regulations refuses to
make revision, they may submit written comments and suggestions on
the basis of their examination and propose a motion for annulment
of the regulations to the Council of Chairmen, which shall decide
whether to submit the motion to a meeting of the Standing Committee
for examination and decision.
Article 92? Other authorities which receive local
regulations, autonomous regulations, separate regulations or rules
submitted to them for the record shall, in accordance with the
principle of safeguarding legal uniformity, formulate procedures
for the examination of such regulations or rules.
Chapter VI Supplementary Provisions
Article 93? The Central Military Commission shall, in
accordance with the Constitution and laws, formulated military
regulations.
The General Departments, the various services and arms and the
military commands of the Central Military Commission may, in
accordance with laws and the military regulations, decisions and
orders of the Commission, formulate military rules within the
limits of their power.
Military regulations and military rules shall be implemented
within the armed forces.
Measures for formulating, revising and nullifying military
regulations and military rules shall be formulated by the Central
Military Commission in accordance with the principles laid down in
this Law.
Article 94? This Law shall go into effect as of July 1,
2000.?
Source: NPC