Regulations on the Record-filing Review of Regulations and Rules
Regulations on the Record-filing Review of Regulations and Rules
Regulations on the Record-filing Review of Regulations and Rules
Order of the State Council of the People's Republic of China No.789
August 30, 2024
The Regulations on the Record-filing Review of Regulations and Rules, adopted at the 39th executive meeting of the State Council on August 19, 2024, are hereby promulgated for implementation as of November 1, 2024.
Li Qiang, Premier
Regulations on the Record-filing Review of Regulations and Rules
Article 1 The Regulations are formulated in accordance with the relevant provisions of the Legislation Law of the People's Republic of China in order to standardize the record-filing review of regulations and rules, improve the capacity and quality of record-filing review, toughen the supervision of regulations and rules, and maintain the unity of the socialist legal system.
Article 2 For the purpose of the Regulations, regulations refer to local regulations formulated by the people's congresses and their standing committees of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts and autonomous prefectures in accordance with their statutory powers and procedures, regulations of special economic zones formulated by the people's congresses and their standing committees of the provinces and cities where the special economic zones are located in accordance with their statutory powers and procedures, regulations of Pudong New Area formulated by the Shanghai Municipal People's Congress and its Standing Committee in accordance with their statutory powers and procedures, regulations of Hainan Free Trade Port formulated by the Hainan Provincial People's Congress and its Standing Committee in accordance with their statutory powers and procedures, and autonomous regulations and separate regulations formulated by the people's congresses of autonomous prefectures and autonomous counties in accordance with their statutory powers and procedures.
For the purpose of the Regulations, rules include departmental rules and local government rules. Departmental rules refer to rules formulated by the ministries and commissions under the State Council, the People's Bank of China, the China National Audit Office, agencies directly under the State Council with administrative management functions, as well as agencies of the State Council as prescribed by the law (hereinafter collectively referred to as "State Council departments") under laws and administrative regulations, decisions and orders of the State Council within the scope of their authority and in accordance with the Regulations on Procedures for the Formulation of Rules. Local government rules refer to rules formulated by the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures under laws, administrative regulations, and local regulations of such provinces, autonomous regions, and municipalities directly under the Central Government, and in accordance with the Regulations on the Procedures for the Formulation of Rules.
Article 3 The record-filing review of regulations and rules shall be under the leadership of the Communist Party of China, be people-focused, and ensure that every document will be filed for the record, and every recorded document shall be reviewed, and every error shall be corrected, and shall be carried out in accordance with legal powers and procedures.
Article 4 Regulations and rules shall be submitted for record-filing in accordance with the following provisions within 30 days from the date of promulgation:
(1) Local regulations, autonomous regulations of autonomous prefectures and autonomous counties, and separate regulations shall be submitted to the State Council for record-filing by the standing committees of the people's congresses of the corresponding provinces, autonomous regions, or municipalities directly under the Central Government;
(2) Departmental rules shall be submitted to the State Council for record-filing by the State Council departments; rules jointly formulated by two or more departments shall be submitted to the State Council for record-filing by the department in charge;
(3) Rules of the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government shall be submitted to the State Council for record-filing by the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government;
(4) Rules of the people's governments of cities divided into districts or autonomous prefectures shall be submitted to the State Council and also to the people's governments of the provinces or autonomous regions for record-filing for record-filing by the people's governments of the cities divided into districts or the autonomous prefectures;
(5) Regulations of special economic zones shall be submitted to the State Council for record-filing by the standing committees of the people's congresses of the provinces or municipalities directly under the Central Government where the special economic zones are located; regulations of the Pudong New Area shall be submitted to the State Council for record-filing by the Standing Committee of the Shanghai Municipal People's Congress; regulations of Hainan Free Trade Port shall be submitted to the State Council for record-filing by the Standing Committee of the Hainan Provincial People's Congress.
Article 5 State Council departments and the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures shall perform their duties of record-filing of rules in accordance with the law and tighten the organizational leadership of the record-filing of rules.
The legislative bodies of State Council departments, and of the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts and autonomous prefectures are specifically responsible for the record-filing of the rules of such departments and localities.
Article 6 The record-filing review body under the State Council shall be responsible for the record-filing of the regulations and rules of the State Council in accordance with the provisions hereof, perform record-filing review supervision duties, improve the record-filing review system, and report to the State Council annually on the record-filing review of the regulations and rules of the previous year.
Article 7 The record-filing review body under the State Council shall enhance its contact with the record-filing review bodies of other agencies through the record-filing review linkage mechanism, and toughen collaboration and cooperation in dual record-filing linkage, transfer processing, solicitation of opinions, consultation and coordination, information sharing, and capacity improvement.
Article 8 Regulations and rules submitted to the State Council for record-filing in accordance with the Regulations shall be directly submitted to the record-filing review body under the State Council.
The submission of regulations for record-filing shall be subject to the relevant provisions of the Standing Committee of the National People's Congress on the record-filing of regulations.
When submitting rules for record-filing, a record-filing report, the text of the rules and explanations shall be submitted and bound into a book in triplicate in the prescribed format.
When submitting regulations and rules for record-filing, the electronic text of the regulations and rules shall also be submitted.
Article 9 The record-filing review body under the State Council shall register the record-filing of regulations and rules that are submitted for record-filing if the submission is in compliance with Article 2 and Paragraphs 2, 3 and 4 of Article 8 hereof, or shall reject the registration of the record-filing if the submission is not in compliance with Article 2 hereof, or shall postpone the registration of record-filing if the submission is in compliance with Article 2 hereof but not in compliance with Paragraphs 2, 3 or 4 of Article 8 hereof.
If the record-filing review body under the State Council postpones the registration of record-filing, it shall notify the formulating agencies to make supplementary or new submissions for record-filing; and the formulating agencies shall make supplementary or new submissions for record-filing within 15 days from the date of receipt of the notice; if the supplementary or new submission for record-filing complies with the relevant provisions, the record-filing review body under the State Council shall register the record-filing of the regulations and rules concerned.
Article 10 The catalogue of regulations and rules whose record-filings have been registered shall be monthly published by the record-filing review body under the State Council.
The scope of editing and publishing the compilation of regulations and rules shall be based on the published catalogue of regulations and rules.
Article 11 The record-filing review body under the State Council shall proactively examine the regulations or rules submitted for record-filing, and may conduct special reviews of them as needed.
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Order of the State Council of the People's Republic of China No.789
August 30, 2024
The Regulations on the Record-filing Review of Regulations and Rules, adopted at the 39th executive meeting of the State Council on August 19, 2024, are hereby promulgated for implementation as of November 1, 2024.
Li Qiang, Premier
Regulations on the Record-filing Review of Regulations and Rules
Article 1 The Regulations are formulated in accordance with the relevant provisions of the Legislation Law of the People's Republic of China in order to standardize the record-filing review of regulations and rules, improve the capacity and quality of record-filing review, toughen the supervision of regulations and rules, and maintain the unity of the socialist legal system.
Article 2 For the purpose of the Regulations, regulations refer to local regulations formulated by the people's congresses and their standing committees of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts and autonomous prefectures in accordance with their statutory powers and procedures, regulations of special economic zones formulated by the people's congresses and their standing committees of the provinces and cities where the special economic zones are located in accordance with their statutory powers and procedures, regulations of Pudong New Area formulated by the Shanghai Municipal People's Congress and its Standing Committee in accordance with their statutory powers and procedures, regulations of Hainan Free Trade Port formulated by the Hainan Provincial People's Congress and its Standing Committee in accordance with their statutory powers and procedures, and autonomous regulations and separate regulations formulated by the people's congresses of autonomous prefectures and autonomous counties in accordance with their statutory powers and procedures.
For the purpose of the Regulations, rules include departmental rules and local government rules. Departmental rules refer to rules formulated by the ministries and commissions under the State Council, the People's Bank of China, the China National Audit Office, agencies directly under the State Council with administrative management functions, as well as agencies of the State Council as prescribed by the law (hereinafter collectively referred to as "State Council departments") under laws and administrative regulations, decisions and orders of the State Council within the scope of their authority and in accordance with the Regulations on Procedures for the Formulation of Rules. Local government rules refer to rules formulated by the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures under laws, administrative regulations, and local regulations of such provinces, autonomous regions, and municipalities directly under the Central Government, and in accordance with the Regulations on the Procedures for the Formulation of Rules.
Article 3 The record-filing review of regulations and rules shall be under the leadership of the Communist Party of China, be people-focused, and ensure that every document will be filed for the record, and every recorded document shall be reviewed, and every error shall be corrected, and shall be carried out in accordance with legal powers and procedures.
Article 4 Regulations and rules shall be submitted for record-filing in accordance with the following provisions within 30 days from the date of promulgation:
(1) Local regulations, autonomous regulations of autonomous prefectures and autonomous counties, and separate regulations shall be submitted to the State Council for record-filing by the standing committees of the people's congresses of the corresponding provinces, autonomous regions, or municipalities directly under the Central Government;
(2) Departmental rules shall be submitted to the State Council for record-filing by the State Council departments; rules jointly formulated by two or more departments shall be submitted to the State Council for record-filing by the department in charge;
(3) Rules of the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government shall be submitted to the State Council for record-filing by the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government;
(4) Rules of the people's governments of cities divided into districts or autonomous prefectures shall be submitted to the State Council and also to the people's governments of the provinces or autonomous regions for record-filing for record-filing by the people's governments of the cities divided into districts or the autonomous prefectures;
(5) Regulations of special economic zones shall be submitted to the State Council for record-filing by the standing committees of the people's congresses of the provinces or municipalities directly under the Central Government where the special economic zones are located; regulations of the Pudong New Area shall be submitted to the State Council for record-filing by the Standing Committee of the Shanghai Municipal People's Congress; regulations of Hainan Free Trade Port shall be submitted to the State Council for record-filing by the Standing Committee of the Hainan Provincial People's Congress.
Article 5 State Council departments and the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures shall perform their duties of record-filing of rules in accordance with the law and tighten the organizational leadership of the record-filing of rules.
The legislative bodies of State Council departments, and of the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts and autonomous prefectures are specifically responsible for the record-filing of the rules of such departments and localities.
Article 6 The record-filing review body under the State Council shall be responsible for the record-filing of the regulations and rules of the State Council in accordance with the provisions hereof, perform record-filing review supervision duties, improve the record-filing review system, and report to the State Council annually on the record-filing review of the regulations and rules of the previous year.
Article 7 The record-filing review body under the State Council shall enhance its contact with the record-filing review bodies of other agencies through the record-filing review linkage mechanism, and toughen collaboration and cooperation in dual record-filing linkage, transfer processing, solicitation of opinions, consultation and coordination, information sharing, and capacity improvement.
Article 8 Regulations and rules submitted to the State Council for record-filing in accordance with the Regulations shall be directly submitted to the record-filing review body under the State Council.
The submission of regulations for record-filing shall be subject to the relevant provisions of the Standing Committee of the National People's Congress on the record-filing of regulations.
When submitting rules for record-filing, a record-filing report, the text of the rules and explanations shall be submitted and bound into a book in triplicate in the prescribed format.
When submitting regulations and rules for record-filing, the electronic text of the regulations and rules shall also be submitted.
Article 9 The record-filing review body under the State Council shall register the record-filing of regulations and rules that are submitted for record-filing if the submission is in compliance with Article 2 and Paragraphs 2, 3 and 4 of Article 8 hereof, or shall reject the registration of the record-filing if the submission is not in compliance with Article 2 hereof, or shall postpone the registration of record-filing if the submission is in compliance with Article 2 hereof but not in compliance with Paragraphs 2, 3 or 4 of Article 8 hereof.
If the record-filing review body under the State Council postpones the registration of record-filing, it shall notify the formulating agencies to make supplementary or new submissions for record-filing; and the formulating agencies shall make supplementary or new submissions for record-filing within 15 days from the date of receipt of the notice; if the supplementary or new submission for record-filing complies with the relevant provisions, the record-filing review body under the State Council shall register the record-filing of the regulations and rules concerned.
Article 10 The catalogue of regulations and rules whose record-filings have been registered shall be monthly published by the record-filing review body under the State Council.
The scope of editing and publishing the compilation of regulations and rules shall be based on the published catalogue of regulations and rules.
Article 11 The record-filing review body under the State Council shall proactively examine the regulations or rules submitted for record-filing, and may conduct special reviews of them as needed.
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