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LAW ON LEGISLATION OF THE PEOPLE'S REPUBLIC OF CHINA

The Standing Committee of the National People's Congress

Order of the President of the People's Republic of China

No.31

The Law on Legislation of the People's Republic of China which has been adopted at the 5th Session of the 7th National People's Congress on March 15, 2000 is promulgated now, and shall enter into force as of July 1, 2000.

Jiang Zemin, President of the People's Republic of China

March 15, 2000

Law on Legislation of the People's Republic of China ContentsChapter I General Provisions

Chapter II Laws

Section 1 Scope of Lawmaking Authorities

Section 2 The Legislative Process of the National People's Congress

Section 3 The Legislative Process of the Standing Committee of the National People's Congress

Section 4 Interpretation of Laws

Section 5 Other Provisions

Chapter III Administrative Regulations

Chapter IV Local Regulations, Autonomous Regulations, and Rules

Section 1 Local Regulations, Autonomous Regulations, and Special Rules

Section 2 Administrative and Local Rules

Chapter V Scope of Application and Filing

Chapter VI Supplementary Provisions

Chapter I General Provisions

Article 1

This Law is enacted in accordance with the Constitution in order to standardize lawmaking activities, to perfect state legislative institutions, to establish and perfect the socialist legal system with Chinese characteristics, to safeguard and develop socialist democracy, to promote the governance of the country through legal mechanisms, and to build a socialist country under the rule of law.

Article 2

The enactment, amendment and repeal of any law, administrative regulation, local regulation, autonomous regulation or special rule shall be governed by this Law.

The enactment, amendment and repeal of administrative rules promulgated by departments of the State Council and local rules promulgated by local governments shall be carried out in accordance with the relevant provisions of this Law.

Article 3

Lawmaking shall follow the basic principles of the Constitution, center around economic development, follow the socialist road, adhere to democratic dictatorship by the people, adhere to the leadership of the Chinese Communist Party, adhere to Marxism, Leninism and Mao Zedong thought and Deng Xiaoping theory, and be consistent with reform and opening up to the outside world.

Article 4

Lawmaking shall be conducted in conformity with legally- prescribed scope of authority and procedure, and shall serve the overall interests of the state and preserve the uniformity and dignity of the socialist legal system.

Article 5

Lawmaking shall reflect the will of the people, promote socialist democracy, and ensure the participation of the people in lawmaking in a variety of ways.

Article 6

Lawmaking shall be based on actual circumstances, and shall, in a scientific and reasonable way, prescribe the rights and obligations of citizens, legal persons and other organizations, and the powers and duties of state organs.

Chapter II Laws

Section 1 Scope of Lawmaking Authority

Article 7

State legislative power shall be exercised by the National People's Congress and its Standing Committee.

The National People's Congress enacts and amends criminal, civil, and state organic laws and other basic laws.

The Standing Committee of the National People's Congress enacts and amends laws other than those that shall be enacted by the National People's Congress; during the period of prorogation of the National People's Congress, the Standing Committee thereof may make partial amendments and supplements to the laws enacted by the National People's Congress, but such amendment or supplement shall not contravene the basic principles of the corresponding laws.

Article 8

Laws may be enacted only in respect to matters regarding:

(1)

state sovereignty;

(2)

the establishment, organization and authority of the People's Congresses, People's Governments, People's Courts and People's Procuratorates at all levels;

(3)

the autonomy of ethnic regions, governance of special administrative regions, and autonomy at the grass-root level;

(4)

crimes and criminal punishment;

(5)

deprivation of the political rights of citizens, or compulsory measures and penalties that restrict personal freedom;

(6)

expropriation of non-state assets;

(7)

basic civil systems;

(8)

fundamental aspects of the economic system and fundamentals concerning fiscal, taxation, customs, finance and foreign trade;

(9)

litigation and arbitration systems;

(10)

other matters for which laws must be enacted by the National People's Congress or its Standing Committee.

Article 9

In the event that no law has been enacted with respect to a matter mentioned in Article 8 hereof, the National People's Congress and its Standing Committee may authorize the State Council to enact administrative regulations concerning the relevant matters as-needed, except in matters relating to crime and criminal punishment, deprivation of citizens' political rights, compulsory measures and penalties restricting a citizen's personal freedom , and the judicial system.

Article 10

The authorizing decision shall specify the objective and scope of the authorization.

The organ so authorized shall exercise its power in strict compliance with the objectives and scope of the authorization, and shall not re-delegate its authority to any other body.

Article 11

In matters covered by an authorization, if conditions are ripe for the enactment of a law, the National People's Congress or the Standing Committee thereof shall enact a law in a timely fashion. Upon the enactment of the law, the relevant authorization of lawmaking authority with respect to the matter accordingly shall be terminated.

Section 2 The Legislative Process of the National People's Congress

Article 12

The president of the National People's Congress may propose a bill to the National People's Congress for deliberation in the current session.

The State Council, the Central Military Committee, the Supreme People's Court, the Supreme People's Procuratorate, and all special committees of the National People's Congress may propose a bill to the National People's Congress, which shall be placed onto the agenda of the current session by decision of the presidium.

Article 13

A delegation may propose, or a group of not less than 30 delegates may jointly propose, a bill to the National People's Congress, and the presidium shall decide whether to place such bill on the agenda of the current session, or whether to refer such bill to the special committee on deliberation, and such special committee shall recommend whether such bill shall be placed on the agenda of the current session, whereupon the presidium shall decide whether or not to place the bill on the agenda of the current session.

In the course of deliberation on the bill, the special committee may invite the bill sponsor to offer comments and suggestions during the deliberation session.

Article 14

During the period of prorogation of the National People's Congress, a motion may be made to the Standing Committee which shall, after deliberation according to the procedure stipulated in Section 2 of Chapter 3 of this Law, forward the motion to the National People's Congress for decision, whereupon the Standing Committee or the bill's sponsor shall make statements to the plenary session.

Article 15

In cases where the Standing Committee has decided to submit a bill to the upcoming session of the National People's Congress for deliberation, the bill in draft law form shall be distributed to the delegates one month prior to the commencement of the session.

Article 16

In cases where a bill has been put on the agenda of the current session of the National People's Congress, the plenary session shall, after hearing the statements of the bill sponsor, forward the bill to the delegations responsible for deliberation.

In the course of deliberation of the bill by the delegations, the bill sponsor shall send representatives to hear comments and answer questions.

In the course of deliberation of the bill by the delegations, relevant agencies or organizations shall send representatives to make statements to the delegation upon request by a delegation.

Article 17

A bill that has been put on the agenda of the current session of the National People's Congress shall be deliberated upon by the relevant special committee, which shall then submit its opinions to the presidium for distribution to the session's delegates.

Article 18

For a bill that has been put on the agenda of the current session of the National People's Congress, the Legislative Committee shall, on the basis of the opinions of the relevant delegations and the special committees, conduct a general deliberation on the bill, and afterwards shall submit to the presidium a deliberation report and amended draft law. The deliberation report shall include statements of important differences in opinion and, after being deliberated by the presidium, shall be distributed to the session's delegates.

Article 19

For a bill which has been put on the agenda of the current session of the National People's Congress, the executive chairman of the presidium may, where necessary, convene a meeting of delegation leaders to hear the deliberation opinions of all delegations on key issues of the bill, and to hold discussions. The discussions and suggestions concerning key issues shall be reported to the presidium.

The executive chairman of the presidium may also call a session of the relevant delegates selected by the delegations to discuss important special issues contained in the bill, and shall report its discussion and suggestions to the presidium.

Article 20

If, a bill sponsor requests withdrawal of a bill that already has been put on the agenda of the current session of the National People's Congress but that has not yet been brought to a vote, then the bill sponsor shall explain his request; once the presidium has given consent to the request and so reported its decision to the plenary session, then deliberation over the bill shall terminate accordingly.

Article 21

If, in the deliberation of a bill, there are key issues that need to be studied further, the Standing Committee may, upon the suggestion of the presidium and the consent of the plenary session, be authorized to conduct further deliberations based on the opinions of the delegates, make a decision and report its decision to the next session of the National People's Congress. The Standing Committee may also be authorized to hold further deliberations according to the opinions of the delegates, and put forward an amendment plan for deliberation and decision by the next session of the National People's Congress.

Article 22

After deliberation by the delegations, the amended draft law shall be further amended by the Legislative Committee based on the opinions of the delegations during deliberation; the Legislative Committee shall present a version of the draft law so that the presidium may make a case to the plenary session for adoption based on simple majority vote of all delegates.

Article 23

A law enacted by the National People's Congress shall be promulgated by presidential order signed by the President of the state.

Section 3 The Legislative Process of the Standing Committee of the National People's Congress

Article 24

The caucus of chairpersons may propose a bill to the Standing Committee for deliberation.

The State Council, the Central Military Committee, the Supreme People's Court, the Supreme People's Procuratorate, and all special committees of the Standing Committee may propose to the Standing Committee that a bill be put on the agenda of the current session of the Standing Committee by the caucus of chairpersons, or propose a bill to the special committees for deliberations; a report shall be submitted by the special committee to the caucus of chairpersons which decides whether to put it on the agenda of the upcoming session of the Standing Committee. If the caucus of chairpersons is of the opinion that substantive issues concerning the billrequire further study, it may suggest that the bill sponsor make revisions first, and then submit the revised bill to the Standing Committee.

Article 25

Ten or more members of the Standing Committee may jointly propose a bill to the Standing Committee, and the caucus of chairpersons shall decide whether to put the bill on the agenda of the session of the Standing Committee, or whether first to refer it to the relevant special committees for deliberation and comment before deciding whether to put it on the agenda. When the decision is made not to put the bill on the agenda of the current session of the Standing Committee, the caucus of chairpersons shall submit a report to the Standing Committee or provide an explanation to the bill sponsor.

In the course of deliberation, the special committee may invite the bill sponsor to the session to provide comments.

Article 26

For a bill which has been put on the agenda of the session of the Standing Committee, unless special circumstances arise, the draft law shall be distributed to all the members of the Standing Committee seven days prior to commencement of the session.

Article 27

A bill which has been put on the agenda of the session of the Standing Committee, in general, shall be deliberated three times at the sessions of the Standing Committee before being put to vote.

During the first deliberation, the Standing Committee hears the statements of the bill sponsor and refers the bill to seminars for preliminary deliberation.

During the second deliberation, the Standing Committee hears the report of the Legislative Committee concerning amendment and major issues concerning the draft law, and refers the bill to seminars for further deliberation.

During the third deliberation, the Standing Committee hears the report of the Legislative Committee concerning the result of the deliberation over the draft law and refers the amended draft law to the seminars for deliberation.

In the course of deliberation, the Standing Committee may, if necessary, convene joint seminars or plenary sessions to discuss the key issues of the draft law.

Article 28

A bill that has been put on the agenda of the session of the Standing Committee may be brought to a vote after two deliberations by the Standing Committee if a general consensus has been reached. A bill that partially amends a law may be brought to vote after one deliberation by the Standing Committee if a general consensus has been reached.

Article 29

In the course of deliberation by the seminars of the Standing Committee, the bill sponsor shall send representatives to hear comments and answer questions.

In the course of deliberation by the seminars of the Standing Committee, relevant agencies or organizations, if requested by a subgroup, shall send representatives to brief the subgroup.

Article 30

A bill that has been put on the agenda of the session of the Standing Committee shall be deliberated by the relevant special committee in order to formulate opinions for distribution at the session of the Standing Committee.

During the deliberation of the bill, the relevant special committee may invite members of other special committees to the session to provide comments.

Article 31

In cases where a bill has been placed on the Standing Committee's agenda, the Legislative Committee shalldeliberate on the basis of the opinions expressed by members of the Standing Committee, the opinions of the relevant special committee and of all sides, and shall deliver a report concerning the amendment, or the result of deliberation, and the amended draft law; the report shall include a statement of the major differences in views. If any opinion of importance expressed by a relevant special committee is not adopted, then the Legislative Committee shall provide feedback to the special committee.

In the course of deliberation, the Legislative Committee may invite members of the relevant special committee to the session to give comments.

Article 32

During the deliberation process, a special committee shall convene a plenary session for deliberation, and, where necessary, may request that relevant agencies or organizations dispatch personnel in charge of relevant issues to make statements.

Article 33

When different opinions arise among the special committees on a key issue concerning the draft law, the committees shall report such differences to the Caucus of Chairpersons.

Article 34

When a bill has been placed on the agenda of a session of the Standing Committee, the relevant special committees and the working office of the Standing Committee shall hear the comments of all sides by way of symposia, demonstrations, hearings, etc.

The working office of the Standing Committee shall distribute the draft law to the relevant agencies, organizations and experts for comments, and shall prepare them for submission to the Legislative Committee and the relevant special committees, and, where necessary, distribute them among the participants of the current session of the Standing Committee.

Article 35

An important bill that has been put on the agenda of the Standing Committee may, upon decision of the Caucus of Chairpersons, be presented to the public for comments. The comments presented by the various agencies, organizations and citizens shall be submitted to the working office of the Standing Committee.

Article 36

For a bill that has been put on the agenda of the session of the Standing Committee, the working office of the Standing Committee shall collect and sort out the comments of all sides made at group deliberations, and, where necessary, shall distribute them to the current session of the Standing Committee.

Article 37

If the sponsor of a bill that has been put on the Standing Committee agenda requests withdrawal of such bill before it is brought to a vote, the bill sponsor shall state the reason, and deliberation of the bill shall terminate after the Caucus of Chairpersons has granted its consent and reported to the Standing Committee.

Article 38

If, after three deliberations by the Standing Committee session, major issues still require further study, a vote on the bill may be suspended if so proposed by the Caucus of Chairpersons and upon the consent of the joint group session or plenary session, but such proposal must be submitted to the Legislative Committee and the relevant special committees for further deliberation.

Article 39

If the deliberation on a bill that has been put on the Standing Committee agenda has been suspended for two years due to major discrepancies on major issues, such as the necessity or feasibility of its enactment, or if the suspension of voting has exceeded two years and the bill has not been placed anew on the Standing Committee agenda, then the Caucus of chairpersons shall submit a termination of bill deliberation report to the Standing Committee.

Article 40

The revised version of a draft law shall, upon deliberation by the Standing Committee, be amended by the Legislative Committee based on comments made by the Standing Committee in order to formulate a version endorsed by the Caucus of chairpersons to be voted upon in the plenary session of the Standing Committee. The bill shall be adopted if more than half of the votes cast by all the members of the Standing Committee are affirmative.

Article 41

A law passed by the National People's Congress shall be promulgated by presidential order signed by the state president.

Section 4 Interpretation of Law

Article 42

The power to interpret law shall be vested in the Standing Committee of National People's Congress.

The Standing Committee of the National People's Congress shall issue interpretations of a law when any of the following circumstances occurs:

(1)

the specific meaning of the provision of a law requires further clarification;

(2)

after the enactment of such law, a new situation arises so that clarification of the rationale underlying its application is needed.

Article 43

The State Council, the Central Military Committee, the Supreme People's Court, the Supreme People's Procuratorate, all special committees of the Standing Committee and the Standing Committee of the People's Congress of all provinces, autonomous regions and centrally- governed municipalities may make a request for legislative interpretation to the Standing Committee of the National People's Congress.

Article 44

The working office of the Standing Committee shall research and formulate draft legislative interpretations to be put on the agenda of the forthcoming session of the Standing Committee upon decision of the Session of Chairpersons.

Article 45

After deliberation by the Standing Committee, a draft legislative interpretation shall be deliberated and amended by the Legislative Committee on the basis of comments made by members of the Standing Committee in order to formulate a version of legislative interpretation for voting purposes.

Article 46

The draft legislative interpretation put to a vote shall be adopted if affirmed by more than half of all members of the Standing Committee, and shall be promulgated by the Standing Committee by way of a public announcement.

Article 47

Legislative interpretations issued by the Standing Committee of the National People's Congress shall have the same force as law.

Section 5 Other Provisions

Article 48

When a bill is proposed, the text, comments on the draft bill and, when necessary, other relevant materials shall be submitted concurrently. Comments on the draft law shall also elucidate the necessity for its enactment and its main contents.

Article 49

A bill proposed to the National People's Congress and its Standing Committee may be withdrawn by the bill sponsor prior to the bill's being placed on the agenda of the forthcoming session.

Article 50

Where a bill proposed to the National People's Congress and its Standing Committee fails to be adopted by vote at the plenary session, and the bill sponsor still deems it necessary to enact such legislation, he may propose it anew in accordance with legal procedures. The presidium or the Session of Chairpersons shall decide whether the bill is to be put on the agenda; specifically, if a bill fails to be adopted by the National People's Congress, it shall be proposed to the National People's Congress for deliberation and decision.

Article 51

A law shall specify the date of its implementation.

Article 52

The presidential order for the promulgation of a law shall set forth the enactment organ, and the dates of adoption and implementation.

After a law is signed and promulgated, it shall be published in timely fashion in the Bulletin of the Standing Committee of the National People's Congress and in nationally-circulated newspapers.

The version of the law printed in the Bulletin of the Standing Committee of the National People's Congress shall be considered the official version.

Article 53

The procedure for amendment and repeal of a law shall be governed by the provisions of this Chapter.

Where a law is partially amended or repealed, a new version shall be published.

Article 54

A law may consist of Parts, Chapters, Sections, Articles, Paragraphs, Items, and Sub-items as appropriate for the law's contents.

The numbers for Parts, Chapters, Sections, and Articles are to be expressed sequentially in Chinese characters, while Paragraphs are not to be numbered; items and sub-items are to be numbered sequentially in Arabic numbers.

The caption of a law shall set forth the organ of enactment and the date of promulgation.

Article 55

The working office of the Standing Committee of National People's Congress may handle inquiries regarding a specific aspect of a law, issue responses, and submit same to the Standing Committee for record.

Chapter III Administrative Regulations

Article 56

The State Council enacts administrative regulations in accordance with the Constitution and law.

An administrative regulation may prescribe any of the issues mentioned below:

(1)

matters that demand the enactment of an administrative regulation for the purpose of implementing a law;

(2)

matters subject to the administration of the State Council under Article 89 of the Constitution.

For a matter for which a law should have been enacted by the National People's Congress and its Standing Committee, the State Council may, according to the enabling decision of the National People's Congress and its Standing Committee, formulate an administrative regulation instead. If such an administrative regulation proves viable in practice, when necessary conditions for enacting a relevant law arise, the State Council shall, in timely fashion, propose such enactment to the National People's Congress and its Standing Committee.

Article 57

An administrative regulation shall be drafted by the State Council. Where a relevant agency of the State Council deems it necessary to enact an administrative regulation, it shall apply to the State Council for relevant arrangements to be made.

Article 58

In the process of drafting an administrative regulation, the drafting body shall hear the opinions of the relevant agencies, organizations and citizens through panel discussion, feasibility study meeting, hearing, etc.

Article 59

Upon completion of a draft administrative regulation, the drafting body shall submit the draft regulation and corresponding commentaries, opinions from all sides concerning the key issues of the draft regulation, and other relevant materials to the legislative affairs organization of the State Council for inspection.

The legislative affairs organization of the State Council shall submit to the State Council an inspection report along with a revised version of the draft; the inspection report shall elucidate the major issues of the draft regulation.

Article 60

The enactment procedure for administrative regulations shall comply with the relevant provisions of the Organization Law of the State Council of the People's Republic of China.

Article 61

An administrative regulation shall be promulgated by way of an order of the State Council signed by the Premier.

Article 62

After being signed and promulgated, an administrative regulation shall be published in timely fashion in the State Council Bulletin and nationally-circulated newspapers.

The version appearing in the State Council Bulletin shall be considered the official version.

Chapter IV Local Regulations, Autonomous Regulations and Special Rules, and Rules

Section 1 Local Regulations, Autonomous Regulations and Special Rules

Article 63

The People's Congress of a province, autonomous region, or municipality directly under the Central Government and the Standing Committee thereof may, according to the specific circumstances and actual needs of the jurisdiction, enact local regulations provided that such enactment does not contravene any provision of the Constitution, laws or administrative regulations.

The people's congresses and standing committees thereof of comparatively large cities may, according to the specific circumstances and actual needs of the jurisdiction, enact local regulations provided that they do not contravene any provision of the Constitution, laws, administrative regulations or local regulations in force in the province or autonomous region in whose jurisdiction the city is situated, for implementation upon approval by the standing committee of the People's Congress of the province or autonomous region. The standing committee of the People's Congress of the province or autonomous region shall review the legality of a regulation submitted to it for approval, and shall grant approval within four months if such regulation does not contravene any provision of the Constitution, laws, administrative regulations, and the local regulations in force in the province or autonomous region in which the city is situated.

If, in the course of reviewing a local regulation submitted by a comparatively large city for approval, the standing committee of the People's Congress of the province or autonomous region finds it in contradiction with a local rule of the people's government of the province or autonomous region, it shall have authority to decide how to handle such situation.

For the purposes of this Law, a comparatively large city refers to a city where the people's government of the province or autonomous region is situated, or a city where a special economic zone is situated, or any other city so approved by the State Council.

Article 64

A local regulation may specify the following:

(1)

matters for which enactment of a local regulation is required in light of actual circumstances of the jurisdiction for the purpose of implementing a law or administrative regulation;

(2)

matters of local concerns for which enactment of a local regulation is required.

Apart from those mentioned in Article 8 of this Law, a province, autonomous region, municipality directly under the Central Government or a comparatively large city may, according to the specific situation and actual demands of the locality, make local regulations for those matters for which no laws or regulations have been enacted. When a law or administrative regulation is enacted by the state and becomes effective, any provision of the local regulations that contravenes such law or administrative regulation shall be invalid, and the enacting body shall amend or repeal such provision in a timely fashion.

Article 65

The People's Congress or its standing committee of a province or a city where a special economic zone is located shall, pursuant to an enabling decision issued by the National People's Congress, enact regulations for implementation within the special economic zone.

Article 66

The People's Congress of an autonomous ethnic region has the power to enact autonomous regulations and special rules according to the political, economic and cultural characteristics of the ethnic groups in the region. An autonomous regulation or special rule enacted by an autonomous region shall come into force after it is reviewed and approved by the Standing Committee of the National People's Congress. An autonomous regulation or special rule enacted by an autonomous prefecture or autonomous county shall come into force after it is reviewed and approved by the standing committee of the People's Congress of the province, autonomous region, or municipality directly under the central government.

An autonomous regulation or special rule may be flexible provisions of a law or administrative regulation, so long as such flexible provisions do not contravene the basic principles thereof, but such autonomous regulations or special regulations shall not be flexible provisions of the Constitution, laws or administrative regulations specifically enacted for the ethnic autonomous region.

Article 67

A local regulation concerning matters of special importance of the jurisdiction shall be adopted by the People's Congress of the jurisdiction.

Article 68

In accordance with the organization law of the People's Republic of China concerning the local People's Congress and people's government at all levels and with reference to the provisions of Sections 2, 3 and 5 of Chapter Two of this Law, the procedure for proposing, deliberating and voting on a bill for a local regulation, autonomous regulation or special rule shall be formulated by the People's Congress at the corresponding level.

The agency in charge of uniform deliberation of the draft of a local regulation shall present a deliberation report and a revised draft.

Article 69

A local regulation enacted 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 current session by means of a public announcement.

A local regulation enacted 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 by means of a public announcement.

Upon approval, a local regulation enacted by the People's Congress of a comparatively large city and the standing committee thereof shall be promulgated by the standing committee of the People's Congress of the city by means of a public announcement.

Upon approval, an autonomous regulation or special rule shall be promulgated by the Standing Committee of the People's Congress of such autonomous region, autonomous prefecture or autonomous county respectively by means of a public announcement.

Article 70

After a local regulation or autonomous regulation or special rule is promulgated, it shall be published in a timely fashion in the Bulletin of the standing committee of the People's Congress of the region and the newspapers circulated within the jurisdiction.

The version of the local regulations or autonomous regulations or special rule that is published in the Standing Committee Bulletin shall be the standard version.

Section 2 Administrative and Local Rules

Article 71

All the ministries and commissions of the State Council, the People's Bank of China, the General Administration for Auditing, and organs with administrative functions directly under the State Council may, in accordance with laws, administrative regulations, decisions and orders of the State Council, enact administrative rules within the scope of its authority.

A matter for which an administrative rule has been enacted shall be one that is within the scope of implementing law, administrative regulations, decisions or orders of the State Council.

Article 72

If a matter falls within the scope of authority of two or more agencies under the State Council, the relevant agencies shall request the State Council to enact an administrative regulation, or the relevant agencies under the State Council shall jointly enact an administrative rule.

Article 73

The people's government of a province, autonomous region, municipality directly under the central government or a comparatively large city may enact local rules in accordance with the laws, administrative regulations and local regulations of the province, autonomous region, or municipality directly under the central government.

A local rule may provide for those matters as specified below:

(1)

matters for which enactment of a local rule is required for the purpose of implementing a law, administrative regulation or local regulation;

(2)

matters which are within the regulatory scope of the local jurisdiction.

Article 74

The procedures for enacting administrative rules of the State Council and rules of local governments shall be formulated by the State Council by reference to Chapter Three of This Law.

Article 75

The establishment of an administrative rule shall be made by a ministerial session or a session of the commission.

The establishment of a local rule shall be made by a session or plenary session of the standing committee of the local government.

Article 76

An administrative rule shall be promulgated by way of an order signed by the head of the organ. Local rules shall be promulgated by way of an order signed by the provincial governor, the chairman of the autonomous region, or the mayor of the city.

Article 77

After an administrative rule is signed and promulgated, it shall be published in a timely manner in the Bulletin of the State Council or of the organ and nationally circulated newspapers.

After a local rule is signed and promulgated, it shall be published in a timely manner in the bulletin of the local people's government and newspapers circulated within the jurisdiction.

The version of the administrative or local rule that is published in the bulletin of the State Council Bulletin or ministry or the local people's government shall be deemed the authoritative version.

Chapter V Application of law and Filing for Record

Article 78

The Constitution is the highest legal authority; no law, administrative regulation, local regulation, autonomous regulation, special rule or administrative or local rule may contravene the Constitution.

Article 79

A law is of higher legal authority than an administrative regulation, local regulation, administrative rule or local rule. An administrative regulation is of higher legal authority than a local regulation, administrative rule or local rule.

Article 80

A local regulation is of higher legal authority than a local rule made by government at the same or lower level. A local rule enacted by the people's government of a province or autonomous region is of higher legal authority than a local rule made by the people's government of a comparatively large city within the jurisdiction of the province or autonomous region.

Article 81

Where an autonomous regulation or special rule is the flexible provision of a law, administrative regulation, local regulation, regulation of the autonomous region or special rule, such autonomous regulation or special rule shall prevail in the corresponding autonomous area.

Where a regulation of a special economic zone is the flexible provision of a law, administrative regulation, local regulation or the basis of an enabling decision, the provisions of the regulation of the special economic zone shall prevail in the special economic zone.

Article 82

Administrative rules made by different ministries, or an administrative rule made by a ministry, on the one hand and one made by a local government, on the other, are of the same legal force, and are implemented within their respective realms of authority.

Article 83

For the laws, administrative regulations, local regulations, autonomous regulations, special rules, administrative rules or local rules enacted by the same body, if a special provision is different from a general provision, the special provision shall prevail; if a new provision differs from an old provision, the new provision shall prevail.

Article 84

The laws, administrative regulations, local regulations, autonomous regulations, special rules, administrative rules or local rules do not have retroactive force, with the exception of a special provision made for the purpose of better defending the rights and interests of citizens, legal persons or other organizations.

Article 85

Where any discrepancy occurs between a new general provision and an old special provision concerning a similar matter, and where it cannot be decided which provision shall apply, the Standing Committee of the National People's Congress shall have authority to make a determination.

Where any discrepancy occurs between a new general provision and an old special provision concerning a similar matter and where it cannot be decided as to which provision shall be applied, the State Council shall have authority to make a determination.

Article 86

Where any discrepancy occurs between a local regulation and a rule concerning a similar matter, a ruling shall be made by the relevant agency according to the scope of authority specified as follows:

(1)

Where any discrepancy occurs between a new general provision and an old special provision made by the same agency, it is up to the enacting agency to make a ruling;

(2)

Where any discrepancy occurs between a local regulation and an administrative rule concerning a same matter and it cannot be decided as to which provision shall apply, the State Council shall give its opinion; where the State Council deems that the local regulation should apply, in the local jurisdiction the local regulation shall be applied; where the State Council deems that the administrative rule should apply, it shall request the Standing Committee of National People's Congress to make a ruling;

(3)

Where any discrepancy occurs between administrative rules, or between a local rule and administrative rule concerning a similar matter, and where it cannot be decided which shall apply, a ruling shall be made by the State Council;

Where any discrepancy occurs between administrative regulations formulated upon authorization and a law, and it cannot be decided which shall apply, a ruling shall be made by the Standing Committee of National People's Congress.

Article 87

If any of the following circumstances occurs concerning a law, administrative regulation, local regulation, autonomous regulation, special rule, administrative rule or local rule, the relevant body shall amend or repeal it in accordance with the authority specified in Article 88 of This Law:

(1)

The enactment goes beyond the scope of authority;

(2)

A law on a lower level contravenes the law on a higher level;

(3)

Discrepancies exist between different rules concerning a similar matter, and one of the rules should be amended or withdrawn pursuant to a ruling made by the relevant body;

(4)

The provision of a rule is deemed as inappropriate and should be amended or withdrawn;

(5)

The enactment has been made in violation of legally prescribed procedures.

Article 88

The power to amend or cancel a law, administrative regulation, local regulation, autonomous regulation or special rule, administrative rule or local rule shall be as follows:

(1)

The National People's Congress has the power to amend or withdraw any inappropriate law enacted by its Standing Committee, and to withdraw any autonomous regulation or special rule approved by its Standing Committee in contradiction of the Constitution or the provisions of Article 66 .2 of This Law;

(2)

The Standing Committee of the National People's Congress has the power to invalidate any administrative regulation which contravenes the Constitution or any law, and to invalidate any local regulations which contravene the Constitution or any law or administrative regulation, and to invalidate any autonomous regulation or special rule approved by the Standing Committee of the People's Congress of any province, autonomous region, or municipality directly under the Central Government in contradiction of the Constitution or the provision of Article 66 .2 of This Law;

(3)

The National People's Congress has the authority to amend or withdraw any inappropriate administrative rule or local rule;

(4)

The People's Congress of a province, autonomous region, or municipality directly under the central government and their respective standing committees have the authority to amend or invalidate any inappropriate local regulation enacted by its standing committee or any inappropriate local rule approved by its standing committee;

(5)

The standing committee of a local People's Congress has the authority to invalidate any inappropriate rule enacted by the local government;

(6)

The people's government of a province, autonomous region, or municipality directly under the central government has the power to amend or withdraw any inappropriate local rule enacted by the people's government on a lower level;

(7)

The enabling organ has the authority to withdraw the administrative regulation or local regulation which has been enacted by the enabled organ acting beyond its scope of authorization or in contradiction of the objective of the enabling decision, and where necessary, the enabling organ may revoke the authorization.

Article 89

an administrative regulation, local regulation, autonomous regulation, special rule, or any administrative or local rule shall, within 30 days after its promulgation, be submitted to the relevant body for record in accordance with the following provisions:

(1)

An administrative regulation shall be submitted to the Standing Committee of National People's Congress for record;

(2)

A local regulation enacted by the People's Congress of a province, autonomous region, or municipality directly under the Central Government and the standing committee thereof shall be submitted to the Standing Committee of the National People's Congress and the State Council for record; a local regulation enacted by the People's Congress of a comparatively large city and the standing committee thereof shall be submitted to the Standing Committee of National People's Congress and the State Council for record via the standing committee of the People's Congress of the province or autonomous region in which the city is situated;

(3)

An autonomous rule or special rule enacted by an autonomous prefecture or autonomous county shall be submitted to the Standing Committee of the National People's Congress and the State Council for record via the standing committee of the People's Congress of the province or autonomous region in which the prefecture or county is located;

(4)

An administrative or local rule shall be submitted to the State Council for record; a local rule shall be concurrently submitted to the standing committee of the local People's Congress for record; a local rule enacted by a comparatively large city shall also be concurrently submitted to the standing committee of the People's Congress and the people's government of the province or autonomous region for record;

(5)

An administrative regulation or local regulation enacted under an enabling decision shall be submitted to the enabling body for record.

Article 90

Where the State Council, the Central Military Committee, the Supreme People's Court, the Supreme People's Procuratorate, all special committees of the Standing Committee and the standing committee of the People's Congress of all provinces, autonomous regions and municipalities directly under the central government deems that an administrative regulation, local regulation, autonomous regulation or special rule contravenes the Constitution or any law, it may make a written request to the Standing Committee of the National People's Congress for review, and the working office of the Standing Committee shall distribute such request to the relevant special committees for review and comments.

Where any state organ and social group, enterprise or non-enterprise institution or citizen other than the bodies mentioned above deems that an administrative regulation, local regulation, autonomous regulation or special rule contravenes the Constitution or any law, it may make a written proposal to the Standing Committee of National People's Congress for review, and the working office of the Standing Committee shall study such proposal, and where necessary, shall distribute such proposal to the relevant special committees for review and comments.

Article 91

Where, in the process of review, a special committee of the National People's Congress deems that an administrative regulation, local regulation, autonomous regulation or special rule contravenes the Constitution or any law, it may present a written comment of review to the enacting body, or request the Legislative Committee and the special committees concerned to hold a session for joint review, and summon the enacting organ to the session to give clarification, and thereafter submit a written comment of review to the enacting organ. The enacting organ shall, within two months, decide whether amendments are to be made, and report back to the Legislative Committee and the relevant special committees.

Where, in the process of review, a special committee of the National People's Congress deems that an administrative regulation, local regulation, autonomous regulation or special rule contravenes the Constitution or any law, but the enacting organ refuses to make amendments, the special committee may submit a written comment of review to the Session of chairpersons and a proposal for cancellation; the Session of chairpersons shall decide if it is to be brought to the Standing Committee session for deliberation and decision.

Article 92

The procedures of review for other organs accepting the filing for record of local regulations, autonomous regulations, special rules, administrative or local rules shall be formulated by the organ accepting the filing for record.

Chapter VI Supplementary Provisions

Article 93

The Central Military Commission enacts military regulations in accordance with the Constitution and other laws.

All headquarters, arms of services, military commands of the Central Military Commission may, within its authority, make military rules on the basis of the relevant laws, military rules, decisions and orders of the Central Military Commission.

Military regulations and military rules shall be implemented within the armed forces.

The measures for the enactment, amendment or repeal of military regulations and rules shall be formulated by the Central Military Committee on the basis of the principles of This Law.

Article 94

This Law shall enter into force on July 1, 2000.

  The Standing Committee of the National People's Congress 2000-03-15  


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