Decree of The State Council of the People's Republic of China

Number 694

The Decision of The State Council on Amending the Regulations on the Procedure for Formulating Administrative Regulations is hereby promulgated and shall come into force as of May 1, 2018.

December 22, 2017

The State Council has decided to make the following amendments to the Regulations on the Procedure for Formulating Administrative Regulations:

Article 3 is amended to read: "The formulation of administrative regulations shall implement the Party's line, principles, policies and decision-making arrangements, comply with the provisions of the Constitution and laws, and follow the legislative principles determined by the Legislation Law."

One article is added as Article 4: "The supporting administrative regulations for the formulation of political laws shall be reported to the Party Central Committee in a timely manner in accordance with the relevant provisions."

"In formulating important administrative regulations for major systems and major policy adjustments in economic, cultural, social, ecological and other fields, the draft administrative regulations or major issues involved in the draft administrative regulations shall be reported to the Party Central Committee in a timely manner in accordance with relevant provisions."

Article 7 is changed to Article 8 and amended to read: "Where the relevant departments of The State Council consider it necessary to formulate administrative regulations, they shall report to The State Council for project approval before The State Council prepares the annual legislative work plan."

"The application for the approval of administrative regulations submitted by the relevant departments of The State Council shall explain the main problems to be solved by the legislative project, the Party's line, principles, policies, decision-making and deployment, and the main system to be established."

"The legislative body of The State Council shall publicly solicit proposals for the formulation of administrative regulations."

Article 8 is changed to Article 9, and the first paragraph is amended as follows: "The legislative body of The State Council shall, in accordance with the overall work deployment of the State, evaluate and demonstrate the application for administrative regulations and publicly solicited proposals for the formulation of administrative regulations, highlight key points, take overall consideration, formulate the annual legislative work plan of The State Council, submit it to the Party Central Committee and The State Council for approval and publish it to the public."

The first paragraph of the second paragraph is amended as follows: "(1) implementing the Party's line, principles, policies, decisions and arrangements to meet the needs of reform, development and stability."

Article 9 is changed to Article 10, and the first paragraph is amended as follows: "For administrative regulations listed in the annual legislative work plan of The State Council, the department responsible for the task of drafting shall promptly work and report to The State Council as required; Before reporting to The State Council, it shall communicate with The State Council's legal affairs agency."

A new paragraph is added as the second paragraph: "The legislative body of The State Council shall promptly follow up and understand the implementation of the annual legislative work plan of The State Council by various departments under The State Council, strengthen organization, coordination, supervision and guidance."

Article 11 is changed to Article 12 and amended as follows: "Drafting administrative regulations shall comply with the provisions of Articles 3 and 4 of these Regulations, and meet the following requirements:

"(1) Promoting core socialist values;

"(2) Reflect the spirit of comprehensively deepening reform, scientifically regulate administrative actions, and promote the transformation of government functions into macro-control, market supervision, social management, public services, and environmental protection;

"(3) In accordance with the principles of simplification, uniformity and efficiency, the same or similar functions are provided for by one administrative organ, and administrative procedures are simplified;

"(4) To effectively protect the legitimate rights and interests of citizens, legal persons and other organizations, and to specify their corresponding rights and the means to ensure the realization of those rights, while specifying the obligations they should perform;

"(5) Reflecting the principle that the functions and powers of administrative organs are unified with their responsibilities, the relevant administrative organs, while being entrusted with the necessary functions and powers, shall specify the conditions, procedures and responsibilities for the exercise of their functions and powers."

Article 12 is changed to Article 13 and amended as follows: "In drafting administrative regulations, the drafting department shall conduct in-depth investigations and studies, sum up practical experience, and widely listen to the opinions of relevant organs, organizations and citizens." Involving hot and difficult issues of general concern to the public and outstanding contradictions encountered in economic and social development, reducing the rights of citizens, legal persons and other organizations or increasing their obligations, and having an important impact on the public, such as major interest adjustment matters, shall be discussed and consulted. Listening to opinions may take various forms such as holding symposiums, demonstration meetings, and hearings.

"To draft administrative regulations, the drafting department shall publish the draft administrative regulations and their explanations to the public for comments, but The State Council has decided not to publish the exception." The time limit for public announcement for soliciting opinions is generally not less than 30 days.

"When drafting administrative regulations that are highly professional, the drafting department may recruit experts from related fields to participate in the drafting work, or entrust relevant experts, teaching and research institutions, and social organizations to draft."

Article 13 is changed to Article 14 and amended to read: "In drafting administrative regulations, the drafting department shall fully consult with the relevant departments on the duties of other departments or provisions that are closely related to other departments, and shall obtain the consent of the relevant departments such as organizational establishment, finance and taxation if the division of responsibilities, administrative licensing, financial support and preferential tax policies are involved."

Article 15 shall be changed to Article 16 and amended as follows: "The draft administrative regulations submitted by the drafting department to The State Council for examination (hereinafter referred to as the draft administrative regulations for examination) shall be signed by the main person in charge of the drafting department."

"Drafting administrative regulations, involving the common responsibilities of several departments need to be drafted jointly, should be drafted jointly, after reaching a consensus jointly submitted to the draft of administrative regulations for review." The draft of administrative regulations jointly drafted by several departments shall be jointly signed by the principal persons in charge of the departments."

Article 16 is changed to Article 17, and paragraph 2 is amended to read: "The explanation of the draft of administrative regulations for examination shall explain the necessity of legislation, the main ideas, the main system established, the solicitation of opinions from relevant organs, organizations and citizens, the different opinions of various parties on the main issues of the draft for examination and their coordination, and the situation of proposing to set, cancel or adjust the administrative license and administrative coercion." The relevant materials mainly include the actual situation and relevant data in the field of regulation, the main problems existing in practice, relevant legislative information at home and abroad, research reports, inspection reports, etc."

Article 17 is changed to Article 18, and the first item of the second paragraph is amended to read: "Whether it strictly implements the Party's line, principles, policies and decision-making arrangements, whether it complies with the provisions of the Constitution and laws, and whether it follows the legislative principles determined by the Legislation Law."

Article 18 is changed to Article 19 and amended as follows: "Where the draft of administrative regulations is submitted for review under any of the following circumstances, the legislative body of The State Council may delay the process or return it to the drafting department:

"(1) The basic conditions for the enactment of administrative regulations are not yet mature or have undergone major changes;

"(2) There is a large dispute between the relevant departments over the main system stipulated in the submission of drafts, and the drafting department has not obtained the consent of the relevant departments such as the establishment of institutions, finance and taxation;

"(3) failing to solicit public opinions in accordance with the relevant provisions of these Regulations;

"(4) The submission of the draft for examination does not comply with the provisions of Articles 15, 16 and 17 of these Regulations."

Article 19 shall be changed to Article 20 and amended as follows: "The legislative body of The State Council shall send the draft of administrative regulations for examination or the main issues involved in the draft of administrative regulations for examination to the relevant departments of The State Council, local people's governments, relevant organizations and experts and other parties for comments." The relevant department under The State Council and the local people's government shall, within the prescribed time limit, give feedback on the written opinions, and affmark the seal of the unit or the general office (office) of the unit.

"The legislative affairs body of The State Council may publish the draft of administrative regulations for examination or revision and their explanations to the public for comments. The time limit for public announcement for soliciting opinions is not less than 30 days."

14, the article 21 and Article 22 are merged, as Article 22, and amended as: "Where the draft of administrative regulations for examination involves the adjustment of major interests, the legal system of The State Council shall conduct demonstration consultation and widely listen to the opinions of relevant parties." Argumentative consultation can take various forms such as symposiums, demonstration meetings, hearings, and commissioned research.

"Where the draft of an administrative regulation for examination involves adjustment of major interests or major differences of opinion, has a great impact on the rights and obligations of citizens, legal persons or other organizations, and the people are generally concerned about it, the legislative affairs body of The State Council may hold a hearing to listen to the opinions of relevant organs, organizations and citizens."

Article 23 is amended as follows: "Where relevant departments of The State Council have different opinions on the main system, guidelines and policies, management system, division of authority, etc. involved in the submission of draft administrative regulations, the legal organs of The State Council shall coordinate and strive to reach consensus." For important legislative matters with relatively large disputes, the legislative affairs body of The State Council may entrust relevant experts, teaching and research institutions, and social organizations to conduct evaluation.

"If no consensus can be reached after full coordination, the legislative affairs department and the drafting department of The State Council shall promptly report the main issues in dispute, the opinions of relevant departments and the opinions of the legislative affairs department of The State Council to the leadership of The State Council for coordination, or to The State Council for decision."

The first paragraph of Article 28 is amended as follows: "After the signing and promulgation of administrative regulations, they shall be published in a timely manner on The State Council Bulletin, the Legal Information network of the Chinese Government and newspapers distributed throughout the country. The legislative affairs organ of The State Council shall compile and publish the official version of administrative regulations in a timely manner."

Article 31, paragraph 1 is amended to read: "Administrative regulations under any of the following circumstances, by The State Council interpretation:

"(1) the specific meaning of the provisions of the administrative regulations needs to be further clarified;

"(2) New situations arise after the enactment of administrative regulations, and it is necessary to clarify the basis for the application of administrative regulations."

A new article is added as Article 35: "The State Council may, in light of the needs of comprehensively deepening reform and economic and social development, decide to temporarily adjust or suspend the application of certain provisions of administrative regulations in certain places within a certain period of time on specific matters in the field of administration and other fields."

19, add an article as article 36: "The legal system of The State Council or the relevant departments of The State Council shall, in accordance with the needs of comprehensively deepening reform, economic and social development and the provisions of the upper law, organize and carry out the work of cleaning up administrative regulations in a timely manner." Administrative regulations that do not meet the requirements of comprehensively deepening reform and economic and social development and do not comply with the provisions of the Upper Law shall be amended or repealed in a timely manner."

A new article is added as Article 37: "The legislative body of The State Council or the relevant department of The State Council may organize post-legislative evaluation of the relevant administrative regulations or provisions in the administrative regulations, and take the evaluation results as an important reference for amending or repealing the relevant administrative regulations."

Article 35 is changed to Article 38 and amended as follows: "The relevant provisions of these Regulations shall apply to the procedures for amending or repealing administrative regulations.

"After the revision or repeal of an administrative regulation, it shall be published in a timely manner."

In addition, the order of articles and individual words should be adjusted and modified accordingly.

This decision shall take effect as of May 1, 2018.

The Regulations on the Procedure for Formulating Administrative Regulations shall be revised accordingly and repromulgated in accordance with this decision.