Regulations of Shenzhen on regulation-making

(Adopted at the Second Meeting of the Third Shenzhen Municipal People' s Congress on March 31, 2001; Approved at the Twenty-Sixth Meeting of the Standing Committee of Ninth People' s Congress of Guangdong Province on May 31, 2001.)

Chapter 1  General Provisions

  Article 1 In accordance with the provisions of the Constitution of the People' s Republic of China, the Legislative Law of the People' s Republic of China, the Organic Law of the People' s Republic of China on the People' s Congresses and People' s Governments at All Local Levels, the Decision of the Standing Committee of the National People' s Congress on Delegating the Shenzhen Municipal People' s Congress and its Standing Committee and the Shenzhen Municipal People' s Government to Separately Enact Regulations and Rules Implemented in the Shenzhen Special Economic Zone, and the Regulations of Guangdong Province on Local Legislation, these regulations are enacted to standardize the regulation-making work, in combination with the actual circumstances in Shenzhen.

  Article 2 These regulations shall apply to the enactment, amendment and abolishment of regulations of the Shenzhen Municipal People' s Congress (MPC) and the Standing Committee of the Shenzhen Municipal People' s Congress (SCMPC).

  "Regulations" in these regulations mean the regulations of the Shenzhen Special Economic Zone (SEZ) and the Shenzhen local regulations (hereinafter referred to as local regulations).

  Article 3 The fundamental principles of making the regulations of the SEZ are as follows:

  (1) Abiding by the provisions of the Constitution;

  (2) Abiding by the basic principles of laws and administrative regulations;

  (3) Guiding and promoting the development of the socialist market economy in the SEZ, in the light of specific situations and actual needs;

  (4) Taking the domestic and foreign legislative experiences for reference.

  Article 4 The following regulations shall be enacted as the regulations of the SEZ:

  (1) Regulations on the implementation of the special policies granted by the state to the SEZ, which need to be enacted;

  (2) Regulations on carrying out firstly tests of creating new systems, upgrading industrial levels and opening to foreign countries in the SEZ, which need to be enacted.

  Article 5 The fundamental principles of making the local regulations of Shenzhen are as follows:

  (1) Causing no conflicts with the provisions of laws, administrative regulations and local regulations of Guangdong Province;

  (2) According to specific situations and actual needs of the administrative area of this city.

Article 6 The following regulations shall be enacted as the Local regulations of Shenzhen: 

  (1) Regulations with concrete provisions on implementing provisions of laws, administrative regulations and local regulations of Guangdong Province, which need to be enacted in the light of the actual situations of Shenzhen;

  (2) Other regulations, which need to be implemented in the administrative area of this city.

  Article 7 The enactment of the following regulations shall be subject to the MPC:

  (1) Regulations on especially major matters of this city;

  (2) Regulations on the regulation-making procedures of the MPC and the SCMPC;

  (3) Regulations on the specific functions and duties, and the deliberation procedures of the MPC; 

  (4) Other regulations, which shall be enacted by the MPC.

  The SCMPC may enact regulations excluding the above ones, which shall be enacted by the MPC in accordance with laws.

     Article 8 The formulation of regulations shall reflect people' s wills, and abide by the principles of socialist democracy and openness.

Chapter 2  Drawing Up Legislative Programs and Plans, and Drafting Regulations

Article 9 The SCMPC shall formulate legislative programs and the annual legislative plan in the light of the process of Shenzhen municipal national economic and social development.

Article 10 The Legislative Affairs Committee of the MPC (hereinafter referred to as the Legislative Affairs Committee) shall draw up the legislative plan of the next year at the fourth quarter of each year. The meeting of directors of the SCMPC (hereinafter referred to as the meeting of directors) shall decide whether to submit to the SCMPC for deliberation and decision.

Article 11 Any state organ, political party, mass association, social organization or citizen may raise regulation-making proposal (hereinafter referred to as regulation-making proposal).

  Regulation-making proposal shall be put forward in the form of written legislative suggestion.

  Main contents of a written legislative suggestion shall include name of regulations, legislative basis, legislative purpose, main issues needing to be solved and legal counter-measures, etc.

  Article 12 Related special committee of the MPC (hereinafter referred to as related special committee and related working office of the SCMPC (hereinafter referred to as related working office) shall separately examine written legislative suggestion and raise the opinion of whether to put it on the annual legislative plan, which shall be reported by the Legislative Affairs Committee to the meeting of directors for deliberation and decision.

  Article 13 The regulations proposed to be made shall be drafted be the proposal raiser.

  The meeting of directors shall decide to refer the regulations proposed by the meeting of directors or related special committee, to related special committee or related working office to draft, or to entrust related special institution or expert to draft.

  The regulations of the proposal raised by five or more members of the SCMPC jointly shall be drafted by the proposal raisers. According the application of the raisers, the meeting of directors may also decide to refer the regulations to related special committee or related working office to draft.

  Article 14 The proposal raiser shall fulfill the coordination work for the proposed regulations, before submitting the proposed regulations for deliberation.

  Article 15 The related special committee or related working office may send related staff to get informed of the work of drafting regulations and coordination, when the proposal raiser drafts the regulations.

Chapter 3  Regulation-Making Procedures of the MPC

  Article 16 The Presidium of the MPC may propose regulation-making proposal to the MPC, which the MPC shall deliberate.

  The SCMPC, the Municipal People' s Government or any special committee of the MPC (hereinafter referred to as special committee) may raise regulation-making proposal to the MPC. The Presidium shall decide to submit to the MPC for deliberation; it may also refer the proposal to related special committee to review and make report beforehand.

  Article 17 Ten or more representatives to the MPC may jointly raise regulation-making proposal to the MPC. The Presidium shall decide whether to put it on the meeting agenda; it may also refer the proposal to related special committee to make suggestion of whether to put it on the meeting agenda beforehand.

 When the related special committee conducts review, it may invite the proposal raisers to attend the meeting as nonvoting participants and express their opinions.

  Article 18 When the MPC is not in session, the regulation-making proposal submitted to the MPC may be firstly submitted to the SCMPC, which shall decide to submit it to the MPC for deliberation upon the deliberation at the meeting of the SCMPC. The SCMPC or the Legislative Affairs Committee shall give explanations at the meeting, or entrust the raiser to give explanations at the meeting. 

  Article 19 The draft regulations of the regulation-making proposal, which the SCMPC decides to submit to the MPC for deliberation, shall be distributed to representatives one month before the meeting of the MPC is held.

  Article 20 All delegations shall deliberate the regulation-making proposal put on the meeting agenda of the MPC, after the plenary meeting hears raiser' s explanations.

  When related special committees and all delegations deliberate a regulation-making proposal, raiser shall send person to attend the meeting to hear opinions and answer inquiries, and related organ or organization shall, according to requirement, send related person to introduce situations.

  When the related special committee or any delegation deliberate a regulation-making proposal, related organ or organization shall send related person to introduce situations at the request of related special committee  or any delegation.

  Article 21 Related special committee shall deliberate the regulation-making proposal put on the meeting agenda of the MPC, propose opinions of deliberation to the Presidium and print them for distribution to the representatives at the meeting.

  Article 22 The regulation-making proposals put on the meeting agenda of the MPC shall be uniformly reviewed by the Legislative Affairs Committee, in accordance with the deliberation opinions of delegations and related special committee. The Legislative Affairs Committee shall submit reports on review results and amended drafts of regulations to the Presidium. The Legislative Affairs Committee shall then print them for distribution to the representatives at the meeting, after the Presidium adopts them by deliberation.

  Main different opinions of related special committee or any delegation shall be stated in the report on review results.

  Article 23 The Presidium or the executive chairman of the Presidium may, when necessary, convene the meeting of Heads of all delegations to hear the deliberation opinions of all delegations on major issues in the regulation-making proposal. The meeting of Heads of all delegations shall carry out discussion, and print the discussion result and opinions to distribute to representatives or report them to the Presidium.

  The executive chairman of the Presidium may convene related representatives elected by all delegations to discuss major special issues in the regulation-making proposal, and report the discussion result and opinions to the Presidium.

Article 24 If the proposal raiser requests to withdraw the regulation-making proposal put on the meeting agenda of the MPC, before the proposal is put to vote, he shall give explanation. The deliberation on the proposal shall be terminated, after the Presidium consents to the withdrawal and reports it to the MPC.

Article 25 If major issues of the regulation-making proposal being deliberated need to be investigated and studied furthermore, the plenary meeting of the MPC may, with a suggestion of the Presidium, decide to authorize the SCMPC to make decision after further deliberation in accordance with representatives' opinions. The SCMPC shall report the decision to the next meeting of the MPC.

Article 26 After all delegations deliberate the amended draft of regulations, the Legislative Affairs Committee shall make further amendments in accordance with all delegations' deliberation opinions, and put forward the voting draft of regulations.

 The voting draft of regulations shall, with the approval of the Presidium by deliberation, be submitted to the plenary meeting of the MPC for vote, and it shall be adopted with a simple majority of all representatives at the plenary meeting of the MPC.

Article 27 If the regulations, which are submitted to the plenary meeting of the MPC for vote, are not adopted, and the proposal raiser persists in requesting to enact the regulations, he may raise a regulation-making proposal anew in accordance with the legal procedures, the Presidium shall decide whether to put it on the meeting agenda.

Article 28 The local regulations of Shenzhen adopted by the MPC shall be submitted to the Standing Committee of the People' s Congress of Guangdong Province for approval.

Chapter 4  Regulation-Making Procedures of the SCMPC

Article 29 The following raisers may raise regulation-making proposal to the SCMPC:

(1) The meeting of directors;

(2) The Municipal People' s Government;

(3) The special committees;

(4) Five or more members of the SCMPC jointly. 

Article 30 The meeting of directors shall decide to submit the regulation-making proposal raised by the Municipal People' s Government or any special committee to the SCMPC for deliberation.

The meeting of directors shall decide whether to submit the regulation-making proposal jointly proposed by five or more members of the SCMPC jointly to the SCMPC for deliberation.

If the meeting of directors deems it necessary to investigate and coordinate major issues involved in a regulation-making proposal, it may order related special committee, related working office or the raiser to investigate, coordinate, or put forward amendment opinions.

After the related special committee, related working office or the raiser investigates, coordinates, or puts forward amendment opinions on a regulation-making proposal, it(he) shall submit explanations on investigation, coordination or amendment opinions to the meeting of directors, which shall deal with the regulation-making proposal in accordance with the provisions of the first or the second paragraph of this article.  

Article 31 The raiser shall sign the regulation-making proposal raised to the SCMPC for deliberation, and submit it to the General Office of the SCMPC in formal written form. All raisers shall sign the regulation-making proposal raised by five or more members of the SCMPC jointly.

Article 32 For the regulation-making proposal submitted to the SCMPC for deliberation, the raiser shall provide draft of the regulations, explanations on the draft, and related materials of bases of law and policy as well.

For the regulation-making proposal put on the agenda of the meeting of the MPC, the draft of the regulations shall be distributed to members of the SCMPC seven days before the meeting is held, except special circumstances. 

Article 33 The regulation-making proposal put on the agenda of the meeting of the SCMPC shall be deliberated three times generally at meetings of the SCMPC, before putting it for vote.

Article 34 When the regulation-making proposal is deliberated at the meeting of the SCMPC for the first time, the raiser shall make explanations on it at the plenary meeting of the SCMPC.

When a regulation-making proposal is deliberated at the meeting of the SCMPC, the raiser and related persons shall attend the meeting as nonvoting participants to hear opinions and answer inquiries.   

Article 35 If the regulation-making proposal needs to be amended after the first deliberation at the meeting of the SCMPC, related special committee or related working office shall, with related units together, amend the draft of the regulations, put forward suggestion text of the amended draft of the regulations and amendment explanations, and make explanations on the amendment of the draft of the regulations to the meeting of directors.

Article 36 The meeting of directors shall decide whether to submit the suggestion text of the amended draft of the regulations to the meeting of the SCMPC for the second deliberation in accordance with the explanations of related special committee or related working office.

When the meeting of the SCMPC deliberates the regulation-making proposal for the second time, the leading person of related special committee, or the leading person of related working office entrusted by the meeting of directors shall make amendment explanations on the draft of the regulations at the plenary meeting of the SCMPC.

Article 37 The Legislative Affairs Committees shall make uniform review, put forward report on review result of the draft of the regulations and suggestion text of amended draft of the regulations, and make explanations to the meeting of directors, in accordance with the deliberation opinions of members of the SCMPC and opinions from different parties, after the second deliberation on the regulation-making proposal at the meeting of the SCMPC.

 The meeting of directors shall, in accordance with explanations of the Legislative Affairs Committee, decide to submit the amended text of the draft of the regulations to the meeting of the SCMPC for the third deliberation.

Article 38 When the meeting of the SCMPC deliberates the regulation-making proposal for the third time, the Legislative Affairs Committees shall make report on the review results of the draft of the regulations at the plenary meeting of the SCMPC, which shall deliberate the amended text of the draft of the regulations.

Article 39 The regulation-making proposal put on the agenda of the meeting of the SCMPC, the regulation-making proposal and individual decision draft, on which all sides hold comparatively identical opinions or part of which is amended, may be put for vote, after the meeting of the SCMPC deliberates them twice upon the decisions of the meeting of directors.

After the SCMPC deliberates the regulation-making proposal for the first time, which is decided to be put for vote after two deliberations, and hears the raiser' s explanations and report on review opinions of the draft of the regulations or opinions of initial review of related special committee or related working office at the plenary meeting of the SCMPC, the Legislative Affairs Committee shall amend the draft of the regulations in accordance with the deliberation opinions, and put forward the amended text of the draft of the regulations.

When the SCMPC deliberates the regulation-making proposal for the second time, the Legislative Affairs Committees shall make report on the review results of the draft of the regulations at the plenary meeting of the SCMPC, which shall deliberate the amended text of the draft of the regulations.

Article 40 The regulation-making proposal with partial amendment or individual decision draft, which is put on the agenda of the meeting of the MPC and on which all sides hold identical opinions, may be put for vote, after the meeting of the SCMPC deliberates it for one time upon the decision of the meeting of directors.

When the SCMPC deliberates the regulation-making proposal or related individual decision draft mentioned in the above paragraph of this article, the raiser shall make explanations, and the related special committee responsible for review or the related working office responsible for initial review shall make report on review opinions or initial review opinions of the draft of the regulations at the plenary meeting of the SCMPC, which shall deliberate the amended text of the draft of the regulations of the related individual decision draft. The Legislative Affairs Committee shall put forward voting text of the draft of the regulations or the related individual decision, in accordance with the deliberation opinions of members of the SCMPC.

Article 41 When the Legislative Affairs Committee reviews a regulation-making proposal, it may invite the leading person of related special committee or related unit to attend meeting as nonvoting participant to express opinions. If the Legislative Affairs Committee doesn' t accept important opinions of related special committee or related working office, it shall make explanations in the reports on review results.

 When related special committee reviews the draft of the regulations, or related working office initially reviews or amends the draft of the regulations, it shall inform the Legislative Affairs Committee of sending person to participate and find out situations beforehand.

Article 42 The related special committee or related working office shall hear opinions from all sides on the regulation-making proposal put on the agenda of the meeting of the SCMPC before the meeting.

Opinions on important regulation-making proposal may be solicited by publishing the draft of the regulations through newspapers or Internet, upon the decision of the meeting of directors.

Article 43 The related special committee or related working office may organize hearing to make proof on such matters concerning the people' s vital interests as the creation of the power of administrative examination and approval, administrative penalty or other major matters in the regulation-making proposal.

The specific procedures of hearing shall be enacted separately by the SCMPC.

Article 44 If the meeting of the SCMPC or the meeting of directors deems it necessary, it may deliberate the regulation-making proposal put on the agenda of the meeting of the SCMPC through joint groups.

If the opinions on the special issues in a regulation-making proposal are quite divergent, the meeting of directors may convene related members of the SCMPC to debate at the meeting of joint groups.

Article 45 After the meeting of the SCMPC deliberates the amended text of the draft of the regulations, the Legislative Affairs Committee shall amend it in accordance with the deliberation opinions of members of the SCMPC, and put forward voting text of the draft of the regulations, which the meeting of directors shall decide to submit to the plenary meeting of the SCMPC for vote.

Article 46 The regulation-making proposal, which the meeting of the SCMPC deems it necessary to submit to the MPC for deliberation, shall be submitted to the MPC for deliberation upon the decision of the meeting of the SCMPC.

Article 47 One member of the SCMPC may, with the support of four or more members, propose written amendment on certain article of the voting text of the draft of the regulations one hour before the meeting of the SCMPC formally votes on the regulation-making proposal. If a amendment is proposed, the vote on the amendment shall be conducted ahead of the vote on the voting text of the draft of the regulations, upon the discussion at the meeting of the SCMPC.

Article 48 When the meeting of the SCMPC votes on a regulation-making proposal, it may read out the whole voting text of the draft or the amended articles of the regulations before the vote, if necessary.

The regulations, on which the SCMPC votes, shall be adopted by a simple majority of all members of the SCMPC.

Article 49 Deliberation on the regulation-making proposal put on the agenda of the meeting of the SCMPC shall be terminated, after the meeting of directors reports to the SCMPC as the deliberation of the regulation-making proposal has been shelved for two years because of that opinions are rather divergent on major issues of the regulation-making proposal, or as it has been not put on the agenda of the meeting of the SCMPC for deliberation again two years after the suspension of voting.    

Article 50 If the raiser requests to withdraw the regulation-making proposal put on the agenda of the meeting of the SCMPC, before it is put for vote, he shall make explanations. Deliberation on the proposal shall be cancelled after the meeting of directors consents to the withdrawals and reports it to the SCMPC.

Article 51 The local regulations of Shenzhen adopted at the plenary meeting of the SCMPC shall be submitted to the Standing Committee of the People' s Congress of Guangdong Province for approval.

Chapter 5  Interpretation, Amendment and Abrogation of Regulations

  Article 52 The Interpretation of the regulations enacted by the MPC and the SCMPC shall be subject to the SCMPC.

  Article 53 The Municipal People' s Government, the Municipal Intermediate People' s Court, the Municipal People' s Procuratorate, any special committee, any District People' s Congress or its Standing Committee, five or more members of the SCMPC jointly, or ten or more representatives of the MPC jointly may propose request of interpreting regulations.

  Article 54 For the interpretation of the regulations, the related committee responsible for the initial review of the regulations shall draw up the interpretation draft of the regulations, and submit it to the Legislative Affairs Committee for review. If the Legislative Affairs Committee considers it necessary to interpret the regulations, it shall raise to the SCMPC  the proposal of the interpretation of the regulations, which the meeting of directors shall decide to put it on the agenda of the meeting of the SCMPC.

  Article 55 If regulations, which are proclaimed to be implemented by the SCMPC, need to be amended or abrogated, proposal of amendment or abrogation shall be raised. If a amendment proposal is raised, the raiser shall provide amendment version or articles of the regulations at the same time.

  The related provisions of Chapter 3 and Chapter 4 of these regulations shall apply to the procedures of amendment or abrogation of regulations.

Chapter 6  Supplementary Provisions

Article 56 The interpretation of these regulations shall be subject to the SCMPC.

Article 57 The enacting organ, and the dates of adoption and implementation of the regulations shall be written clearly in the publication proclaiming the regulations.

Article 58 Regulations adopted by the MPC shall be published in form of proclamation by the Presidium; regulations adopted by the SCMPC shall be published in form of proclamation by the SCMPC.

Regulations adopted by the MPC or the SCMPC shall be published at the Communiqué of the SCMPC, the shenzhen Special Zone Daily , the Shenzhen Commercial Daily and   the Shenzhen Legal Daily.    

The version of the regulations published at the Communiqué of the SCMPC shall be the standard one.

Article 59 Regulations of the SEZ enacted by the MPC or the SCMPC shall be reported to the Standing Committee of the National People' s Congress, the State Council and the Standing Committee of the People' s Congress of Guangdong Province for record. 

Article 60 These regulations shall become effective as of October 1, 2001. Regulations of the Standing Committee of the Shenzhen Municipal People' s Congress on Enacting Regulations of the SEZ, which were adopted at the twelfth Meeting of the Standing Committee of the First Shenzhen Municipal People' s Congress on October 15,1992, shall be abrogated simultaneously.