Order of the State Council on Releasing the Regulations on Procedures for the Formulation of Administrative Regulations
Order of the State Council on Releasing the Regulations on Procedures for the Formulation of Administrative Regulations
Order of the State Council on Releasing the Regulations on Procedures for the Formulation of Administrative Regulations
Order of the State Council of the People's Republic of China [2001] No. 321
November 16, 2001
The Regulations on Procedures for the Formulation of Administrative Regulations is released hereby and shall take effect as of January 1, 2002.
Premier Zhu Rongji
Appendix: Regulations on Procedures for the Formulation of Administrative Regulations
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the relevant provisions of the Constitution, the Legislative Law and the Law on the Organization of the State Council to standardize the procedures for formulating administrative regulations and to ensure the quality of administrative regulations.
Article 2 These Regulations apply to the project establishment, drafting, examination, decision on, promulgation and interpretation of administrative regulations.
Article 3 The formulation of administrative regulations shall comply with the legislative principles established by the Legislative Law and conform to the provisions of the Constitution and laws.
Article 4 Administrative regulations are normally entitled "regulations", and they may also be entitled "provisions", "measures" etc. The administrative regulations that the State Council formulates in accordance with the authorization decisions of the National People's Congress or its Standing Committee are entitled "interim regulations" or "interim provisions".
Neither the rules formulated by the departments of the State Council nor the rules formulated by the local people's governments may be entitled "regulations".
Article 5 Administrative regulations shall be detailed but not verbose, logically tight and operable with their articles clear and concrete, and their wording accurate and concise.
Administrative regulations may, as required by the contents, be arranged into chapters, sections, articles, paragraphs, items and sub-items. The serial numbers of chapters, sections and articles shall be indicated by Chinese numerals sequentially, paragraphs shall not be numbered, the serial numbers of items shall be indicated by Chinese numerals in parentheses sequentially, and the serial numbers of sub-items shall be indicated by Arabic numerals sequentially.
Chapter II Project Establishment
Article 6 The State Council shall prepare an annual legislation working plan at the beginning of each year.
Article 7 Where the relevant departments of the State Council deem that there is a need to formulate administrative regulations, they shall, at the beginning of each year, submit an application to the State Council for the project establishment of administrative regulations prior to the preparation of the annual legislation working plan of the State Council.
The applications for the project establishment of administrative regulations submitted by the relevant departments of the State Council shall state the main issues to be solved by such projects, the guidelines and policies that such projects are based on and the main systems to be established by such projects.
Article 8 The legislative affairs department of the State Council shall study, on a consolidate basis, the applications for the project establishment of administrative regulations submitted by the departments of the State Council in light of the overall working plan of the State, draft the annual legislation working plan of the State Council, stressing focal points on the important projects and taking comprehensive consideration, and submit the plan to the State Council for examination and approval.
The projects of administrative regulations that are established in the annual legislation working plan of the State Council shall meet the following requirements:
1.
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