Regulations on Procedures for the Formulation of Administrative Regulations (Revised in 2026)
Regulations on Procedures for the Formulation of Administrative Regulations (Revised in 2026)
Regulations on Procedures for the Formulation of Administrative Regulations (Revised in 2026)
Order of the State Council of the People's Republic of China No. 838
May 15, 2026
The Regulations on Procedures for the Formulation of Administrative Regulations, revised and adopted at the 84th executive meeting of the State Council on April 24, 2026, are hereby issued with effect as of July 1, 2026.
Li Qiang, Premier
Regulations on Procedures for the Formulation of Administrative Regulations (Revised in 2026)
(Issued by Order of the State Council of the People's Republic of China No. 321 on November 16, 2001; revised in accordance with the Decision of the State Council on Revising the Regulations on Procedures for the Formulation of Administrative Regulations on December 22, 2017; revised for the second time by Order of the State Council of the People's Republic of China No. 838 on May 15, 2026)
Chapter I General Principles
Article 1 The Regulations are formulated in accordance with the Constitution, the Legislation Law, and the Organic Law of the State Council to standardize the procedures for the formulation of administrative regulations and ensure the quality of administrative regulations.
Article 2 The Regulations shall apply to the initiation, drafting, review, decision, promulgation, and interpretation of administrative regulations.
Article 3 In formulating administrative regulations, the leadership of the Communist Party of China (CPC) shall be upheld and the CPC's guidelines, policies, decisions, and deployments shall be implemented.
The formulation of administrative regulations shall comply with the provisions of the Constitution and laws, as well as the guiding principles and guidelines established by the Legislation Law.
Article 4 In formulating administrative regulations to support laws concerning political matters, timely reports shall be made to the CPC Central Committee in accordance with relevant provisions.
In formulating important administrative regulations regarding major institutional and policy adjustments in areas such as the economy, culture, society, and ecological civilization, the draft administrative regulations or major issues involved therein shall be reported to the CPC Central Committee in a timely manner in accordance with relevant provisions.
Article 5 In formulating administrative regulations, it is essential to fully and accurately implement the new development concept, balance development and security, align legislation with reform, development, and stability, ensure and promote social fairness and justice, optimize the law-based business environment, serve high-quality development and high-level opening up, build a law-based government, and advance the modernization of the national governance system and governance capacity.
Article 6 In formulating administrative regulations, adherence shall be maintained to scientific, democratic, and law-based legislation, and the systematic, holistic, coordinated, and timely nature of legislation shall be enhanced.
Article 7 The formulation of administrative regulations shall meet the needs of reforms, and serve to guide, promote, regulate, and safeguard relevant reforms.
Article 8 For administrative regulations that are urgently needed for the overall work of the CPC and the State, are eagerly anticipated by the people, involve a single scope of adjustment, and have no significant disputes among relevant parties, a quick response shall be made, work methods shall be optimized, and relevant legislative work shall be accelerated.
Article 9 Administrative regulations shall be complete but not cumbersome, logically rigorous, with clear and specific provisions, accurate and concise language, and operable.
Chapter II Initiation
Article 10 The State Council shall prepare the legislative work plan for the current year at the beginning of each year.
The legal affairs authority of the State Council shall, in accordance with the overall national work deployments, draft the annual legislative work plan of the State Council, and submit it to the CPC Central Committee and the State Council for approval before being released to the public.
Article 11 If a relevant authority of the State Council considers it necessary to formulate administrative regulations, it shall submit a request for initiation to the State Council before the preparation of the annual legislative work plan of the State Council.
Relevant authorities of the State Council shall implement the decisions and deployments of the CPC Central Committee and the State Council, and submit initiation applications that are necessary for practice and for which the legislative timing is ripe.
The legal affairs authority of the State Council shall publicly solicit suggestions from society for projects for the formulation of administrative regulations.
Article 12 When submitting an initiation application for administrative regulations, a relevant authority of the State Council shall specify the CPC's guidelines, policies, decisions, and deployments as the basis, the necessity and feasibility of the legislative project, the main issues to be solved, the main systems to be established and the expected implementation effects, related risk assessments and preventive and response measures, and the work that has been carried out.
Article 13 When drafting the annual legislative work plan of the State Council, the legal affairs authority of the State Council shall consider the maturity and urgency of the legislative project, highlight key areas, emerging areas, and foreign-related areas, make overall and balanced arrangements, and strengthen evaluation and demonstration.
Administrative regulation projects included in the annual legislative work plan of the State Council shall meet the following requirements:
(1) The project gives effect to the CPC's guidelines, policies, decisions, and deployments, and is responsive to the needs of reform, development, and stability;
(2) The relevant reform experience is basically mature, and the timing for legislation is ripe;
(3) The issues to be addressed fall within the scope of functions and powers of the State Council and require the State Council to formulate administrative regulations, or are matters for which the National People's Congress or its Standing Committee has authorized the State Council to formulate administrative regulations, or are matters that require the formulation of administrative regulations for the implementation of legal provisions; and
(4) For a legislative project intended to be included in the review and completion category for that year, the draft administrative regulations (hereinafter referred to as the "draft for review") shall have been submitted to the State Council, and there shall be no major disputes among relevant parties regarding the main systems established in the draft for review.
Article 14 The relevant authorities of the State Council responsible for drafting shall strictly implement the legislative work plan, expedite the work, and submit the drafts for review to the State Council as required; before being submitted to the State Council, the drafts for review shall be sent to the legal affairs authority of the State Council for preliminary assessment.
......
Order of the State Council of the People's Republic of China No. 838
May 15, 2026
The Regulations on Procedures for the Formulation of Administrative Regulations, revised and adopted at the 84th executive meeting of the State Council on April 24, 2026, are hereby issued with effect as of July 1, 2026.
Li Qiang, Premier
Regulations on Procedures for the Formulation of Administrative Regulations (Revised in 2026)
(Issued by Order of the State Council of the People's Republic of China No. 321 on November 16, 2001; revised in accordance with the Decision of the State Council on Revising the Regulations on Procedures for the Formulation of Administrative Regulations on December 22, 2017; revised for the second time by Order of the State Council of the People's Republic of China No. 838 on May 15, 2026)
Chapter I General Principles
Article 1 The Regulations are formulated in accordance with the Constitution, the Legislation Law, and the Organic Law of the State Council to standardize the procedures for the formulation of administrative regulations and ensure the quality of administrative regulations.
Article 2 The Regulations shall apply to the initiation, drafting, review, decision, promulgation, and interpretation of administrative regulations.
Article 3 In formulating administrative regulations, the leadership of the Communist Party of China (CPC) shall be upheld and the CPC's guidelines, policies, decisions, and deployments shall be implemented.
The formulation of administrative regulations shall comply with the provisions of the Constitution and laws, as well as the guiding principles and guidelines established by the Legislation Law.
Article 4 In formulating administrative regulations to support laws concerning political matters, timely reports shall be made to the CPC Central Committee in accordance with relevant provisions.
In formulating important administrative regulations regarding major institutional and policy adjustments in areas such as the economy, culture, society, and ecological civilization, the draft administrative regulations or major issues involved therein shall be reported to the CPC Central Committee in a timely manner in accordance with relevant provisions.
Article 5 In formulating administrative regulations, it is essential to fully and accurately implement the new development concept, balance development and security, align legislation with reform, development, and stability, ensure and promote social fairness and justice, optimize the law-based business environment, serve high-quality development and high-level opening up, build a law-based government, and advance the modernization of the national governance system and governance capacity.
Article 6 In formulating administrative regulations, adherence shall be maintained to scientific, democratic, and law-based legislation, and the systematic, holistic, coordinated, and timely nature of legislation shall be enhanced.
Article 7 The formulation of administrative regulations shall meet the needs of reforms, and serve to guide, promote, regulate, and safeguard relevant reforms.
Article 8 For administrative regulations that are urgently needed for the overall work of the CPC and the State, are eagerly anticipated by the people, involve a single scope of adjustment, and have no significant disputes among relevant parties, a quick response shall be made, work methods shall be optimized, and relevant legislative work shall be accelerated.
Article 9 Administrative regulations shall be complete but not cumbersome, logically rigorous, with clear and specific provisions, accurate and concise language, and operable.
Chapter II Initiation
Article 10 The State Council shall prepare the legislative work plan for the current year at the beginning of each year.
The legal affairs authority of the State Council shall, in accordance with the overall national work deployments, draft the annual legislative work plan of the State Council, and submit it to the CPC Central Committee and the State Council for approval before being released to the public.
Article 11 If a relevant authority of the State Council considers it necessary to formulate administrative regulations, it shall submit a request for initiation to the State Council before the preparation of the annual legislative work plan of the State Council.
Relevant authorities of the State Council shall implement the decisions and deployments of the CPC Central Committee and the State Council, and submit initiation applications that are necessary for practice and for which the legislative timing is ripe.
The legal affairs authority of the State Council shall publicly solicit suggestions from society for projects for the formulation of administrative regulations.
Article 12 When submitting an initiation application for administrative regulations, a relevant authority of the State Council shall specify the CPC's guidelines, policies, decisions, and deployments as the basis, the necessity and feasibility of the legislative project, the main issues to be solved, the main systems to be established and the expected implementation effects, related risk assessments and preventive and response measures, and the work that has been carried out.
Article 13 When drafting the annual legislative work plan of the State Council, the legal affairs authority of the State Council shall consider the maturity and urgency of the legislative project, highlight key areas, emerging areas, and foreign-related areas, make overall and balanced arrangements, and strengthen evaluation and demonstration.
Administrative regulation projects included in the annual legislative work plan of the State Council shall meet the following requirements:
(1) The project gives effect to the CPC's guidelines, policies, decisions, and deployments, and is responsive to the needs of reform, development, and stability;
(2) The relevant reform experience is basically mature, and the timing for legislation is ripe;
(3) The issues to be addressed fall within the scope of functions and powers of the State Council and require the State Council to formulate administrative regulations, or are matters for which the National People's Congress or its Standing Committee has authorized the State Council to formulate administrative regulations, or are matters that require the formulation of administrative regulations for the implementation of legal provisions; and
(4) For a legislative project intended to be included in the review and completion category for that year, the draft administrative regulations (hereinafter referred to as the "draft for review") shall have been submitted to the State Council, and there shall be no major disputes among relevant parties regarding the main systems established in the draft for review.
Article 14 The relevant authorities of the State Council responsible for drafting shall strictly implement the legislative work plan, expedite the work, and submit the drafts for review to the State Council as required; before being submitted to the State Council, the drafts for review shall be sent to the legal affairs authority of the State Council for preliminary assessment.
......