Order of the President of the
People's Republic of China
No. 31
The Law of the People's Republic of China on
the Prevention and Control of Atmospheric Pollution, revised
and adopted at the 15th Meeting of the Standing Committee of
the Ninth National People's Congress of the People's
Republic of China on April 29, 2000, is hereby promulgated
and shall go into effect as of September 1, 2000.
Jiang Zemin
President of the People's Republic of
China
March 15, 2000
Legislation Law of the People's
Republic of China
(Adopted at the third Session of the
Ninth National People's Congress on March 15, 2000)
Contents
Chapter I General Provisions
Chapter II Laws
Section 1 Limits of Legislative Power
Section 2 Legislation Procedures for the National
People's Congress
Section 3 Legislation Procedures for the Standing
Committee of the National People's Congress
Section 4 Legal Interpretation
Section 5 Other Provisions
Chapter III Administrative Regulations
Chapter IV Local Regulations, Autonomous Regulations,
Separate Regulations and Rules
Section 1 Local Regulations, Autonomous Regulations
and Separate Regulations
Section 2 Rules
Chapter V Application and Record
Chapter VI Supplementary Provisions
Chapter I
General Provisions
Article 1 This Law is enacted in
accordance with the Constitution with a view to
standardizing legislation, establishing a sound legislative
system of the State, establishing and improving the
socialist legal system with Chinese characteristics,
safeguarding and developing socialist democracy, promoting
the government of the country according to law and building
a socialist country under the rule of law.
Article 2 This Law shall be applicable
to the enactment, revision and nullification of laws,
administrative regulations, local regulations, autonomous
regulations and separate regulations.
The rules of the departments under the State Council
and of the local governments shall be formulated, revised
and nullified in accordance with the relevant provisions of
this Law.
Article 3 Laws shall be made in
compliance with the basic principles laid down in the
Constitution, principles of taking economic development as
the central task, adhering to the socialist road and the
people's democratic dictatorship, upholding leadership by
the Communist Party of China, upholding Marxism-Leninism,
Mao Zetong Thought and Deng Xiaoping theory and persevering
in reform and in opening to the outside world.
Article 4 Laws shall be made in
accordance with the statutory limits of power and
procedures, on the basis of the overall interests of the
State and for the purpose of safeguarding the uniformity and
dignity of the socialist legal system.
Article 5 Laws shall be made in order
to embody the will of the people, enhance socialist
democracy and guarantee that the people participate in
legislative activities through various channels.
Article 6 Law shall be made by
proceeding from reality and scientifically and rationally
prescribing the rights and duties of citizens, legal persons
and other organizations, and the powers and responsibilities
of State organs.
Chapter II
Laws
Section 1
Limits of Legislative Power
Article 7 The National People's
Congress and its Standing Committee exercise the legislative
power of the State.
The National People's Congress enacts and amends basic
laws governing criminal offences, civil affairs, the State
organs and other matters.
The Standing Committee of the National People's
Congress enacts and amends laws other than the ones to be
enacted by the National People's Congress, and when the
National People's Congress is not in session, partially
supplements and amends laws enacted by the National People's
Congress, but not in contradiction to the basic principles
of such laws.
Article 8 The following affairs shall
only be governed by law:
(1) affairs concerning State sovereignty;
(2) formation, organization, and the functions and
powers of the people's congresses, the people's governments,
the people's courts and the people's procuratorates at all
levels;
(3) the system of regional national autonomy, the
system of special administrative region, the system of
self-government among people at the grassroots level;
(4) criminal offences and their punishment;
(5) mandatory measures and penalties involving
deprivation of citizens of their political rights or
restriction of the freedom of their person;
(6) requisition of non-State-owned property;
(7) basic civil system;
(8) basic economic system and basic systems of finance,
taxation, customs, banking and foreign trade;
(9) systems of litigation and arbitration; and
(10) other affairs on which laws must be made by the
National People's Congress or its Standing Committee.
Article 9 If laws have not been
enacted on the affairs specified in Article 8 of this Law,
the National People's Congress or its Standing Committee has
the power to make a decision to authorize the State Council
to formulate, according to actual needs, administrative
regulations first on part of those affairs, except for the
affairs concerning criminal offences and their punishment,
mandatory measures and penalties involving deprivation of
citizens of their political rights or restriction of the
freedom of their person, and the judicial system.
Article 10 in a decision on
authorization, the purpose and scope of the authorization
shall be clearly defined.
The authorization organ shall exercise the power
strictly in compliance with the authorized purpose and
scope.
The authorized organ may not impart the authorized
power to any other organs.
Article 11 After the administrative
regulations on an affair formulated under authorization have
been tested in parctice and when the conditions are ripe for
making a law on the affair, the National People's Congress
or its Standing Committee shall make a law on it in a timely
manner. As soon as the law is made, the authorization with
regard to that matter shall be terminated accordingly.
Section 2
Legislation Procedures for the
National People's Congress
Article 12 The Presidium of the
National People's Congress may submit to the National
People's Congress legislative bills, which shall be
deliberated by the session of the National People's
Congress.
The Standing Committee of the National People's
Congress, the State Council, the Central Military
Commission, the Supreme People's Court, the Supreme People's
Procuratorate and the special committees of the National
People's Congress may submit to the National People's
Congress legislative bills, which shall be put on the agenda
of a session by decision of the Presidium.
Article 13 A delegation or a group of
thirty or more deputies may submit a legislative bill to the
National People's Congress. The Presidium shall decide
whether or not to put it on the agenda of the session, or
shall refer do so after referring the bill to a relevant
special committee for deliberation and for making a proposal
as to whether to put it on the agenda.
When the special committee holds a meeting to
deliberate the bill, it may invite the sponsoring person to
attend the meeting and express opinions.
Article 14 A legislative bill to be
submitted to the National People's Congress may be submitted
first to the Standing Committee when the National People's
Congress is not in session, and after the Standing Committee
has deliberated on it at its meetings in accordance with the
procedures stipulated in Section 3 of Chapter II of this Law
and decides to submit it to the National People's Congress
for deliberation, the Standing Committee or the sponsor
shall make explanations to a plenary meeting of the session.
Article 15 When the Standing Committee
decides to submit a legislative bill to a session of the
National People's Congress for deliberation, it shall
distribute the draft bill to the deputies one month before
the session is convoked.
Article 16 The legislative bill that
has been placed on the agenda of a session of the National
People's Congress shall be deliberated on by all the
delegations after the explanation made by the sponsor has
been heard at a plenary meeting of the session.
When the delegations are deliberating on a legislative
bill, the sponsor shall send people to listen to their
opinions and answer inquiries.
When the delegations are deliberating on a legislative
bill, the relevant organ or organization shall, at the
request of the delegations, send people to give briefings
therefor.
Article 17 The legislative bill that
has been placed on the agenda of a session of the National
People's Congress shall be deliberated by the relevant
special committee which shall submit its deliberated
opinions to the Presidium, and the opinions shall also be
printed and distributed at the session.
Article 18 The legislative bill that
has been placed on the agenda of a session of the National
People's Congress shall be subject to a unified deliberation
by its Law Committee on the basis of the deliberated
opinions of the various delegations and the relevant special
committee. The Law Committee shall submit to the Presidium a
report on the result of its deliberation and a revised draft
law; major dissenting views shall be stated in the report.
After examination and approval by the Presidium, the report
and the draft law shall be printed and distributed at the
session.
Article 19 With regard to a
legislative bill that has been placed on the agenda of a
session of the National People's Congress, the executive
chairmen of the Presidium may, when necessary, convene a
meeting of the heads of the various delegations to hear and
discuss the deliberated opinions of the delegations on major
questions in the legislative bill, and report the result of
the discussion and the opinions expressed to the Presidium.
The executive chairmen of the Presidium may also
convene a meeting of the interested deputies recommended by
the delegations to discuss the major, special questions in
the legislative bill, and report the result of the
discussion and the opinions expressed to the Presidium.
Article 20 With regard to a
legislative bill that has been placed on the agenda of a
session of the National People's Congress, if the sponsor
requests its withdrawal before it is put to vote, he shall
state the reasons, and deliberation of the bill at the
session shall terminate as soon as the Presidium has
accepted the request and reported the matter to the session.
Article 21 Where important questions
raised during the deliberation on a legislative bill call
for further study, the Congress may, by decision of a
plenary meeting according to a proposal made by the
Presidium, authorize the Standing Committee to further
deliberate on the bill on the basis of deputies' opinions,
to make a decision and to give a report on the decision to
the next session of the National People's Congress; or the
Standing Committee may be authorized to further deliberate
on the bill on the basis of deputies' opinions, to work out
a revision proposal and to submit it to the next session of
the National People's Congress for deliberation and
decision.
Article 22 After a revised draft of
the legislative bill has been deliberated on by the various
delegations, the Law Committee shall revise revised draft
according to the deliberated opinions of the delegations and
prepare a draft for vote, the Presidium shall submit it for
vote to a plenary meeting of the session, and the draft
shall be subject to adoption by a simple majority of all the
deputies.
Article 23 A law adopted by the
National People's Congress shall be promulgated by Order of
the President signed by the President of the People's
Republic of China.
Section 3
Legislation Procedures for the
Standing Committee of the National People's Congress
Article 24 The Council of Chairmen may
submit legislative bills to a meeting of the Standing
Committee for deliberation.
The State Council, the Central Military Commission, the
Supreme People's Court, the Supreme People's Procuratorate
or a special committee of the National People's Congress may
submit a legislative bill to the Standing Committee, and the
Council of Chairmen shall decide whether to put it on the
agenda of a meeting of the Standing Committee or to refer it
first to the relevant special committee for deliberation
before deciding whether to put it on the agenda of a meeting
of the Standing Committee in light of the report submitted
by the relevant special committee. If the Council of
Chairmen believes that the legislative bill contains major
questions calling for further study, it may advise the
sponsor of the bill to revise and improve the bill before
submitting it to the Standing Committee.
Article 25 Ten or more of the members
of the Standing Committee may jointly submit a legislative
bill to the Standing Committee, and the Council of Chairmen
shall decide whether to put it on the agenda of a meeting of
the Standing Committee, or to refer it first to the relevant
special committee for deliberation before deciding whether
to put it on the agenda of a meeting of the Standing
Committee in light of the suggestions as to whether to put
it on the agenda submitted by the relevant special
committee. If the Council of Chairmen decides not to put the
legislative bill on the agenda of a meeting of the Standing
Committee, it shall report the matter to a meeting of the
Standing Committee or give an explanation to the sponsor.
When a special committee holds a meeting to deliberate
on a bill, the sponsor may be invited to attend the meeting
and express opinions.
Article 26 When a legislative bill is
placed on the agenda of a meeting of the Standing Committee,
its draft shall, except under special circumstances, be
delivered to the component members of the Standing Committee
seven days before the meeting.
Article 27 As a rule, a legislative
bill placed on the agenda of a meeting of the Standing
Committee shall be put to vote after deliberations at three
meetings of the Standing Committee.
When the Standing Committee is to deliberate on a
legislative bill for the first time, it shall hear the
explanation made by the sponsor at a plenary meeting, and
then preliminary deliberation shall be conducted at group
meetings.
When the Standing Committee is to deliberate on a
legislative bill for the second time, it shall hear the
report made by the Law Committee on the revision of the
draft and the main problems thereof at a plenary meeting,
and then further deliberation shall be conducted at group
meetings.
When the Standing Committee is to deliberate on a
legislative bill for the third time, it shall hear the
report made by the Law Committee on the result of its
deliberation on the draft at a plenary meeting, and then the
revised draft of the legislative b8ill be deliberated on at
group meetings.
When the Standing Committee is to deliberate on a
legislative bill, it may, according to needs, convene joint
group meetings or plenary meetings to discuss the main
questions contained in the draft.
Article 28 If the various quarters
have a consensus in the main on a legislative bill placed on
the agenda of a meeting of the Standing Committee, the bill
may be put to vote after deliberation at two meetings of the
Standing Committee; if the various quarters have a consensus
in the main on a legislative bill concerning partial
amendment of a law, the bill may be put to vote after
deliberated at one meeting only.
Article 29 When group meetings of the
Standing Committee are held to deliberate on a legislative
bill, the sponsor shall send people to listen to opinions
and answer inquires.
When group meetings of the Standing Committee are held
to deliberate on a legislative bill, the relevant organ or
organization shall, at the request of any group, send people
to give briefings thereof.
Article 30 The legislative bill placed
on the agenda of a meeting of the Standing Committee shall
be deliberated by the relevant special committee, which
shall offer its opinions after deliberation and have them
printed and distributed at the Standing Committee meeting.
When a special committee holds a meeting to deliberate
on a legislative bill, members of other relevant special
committees may be invited to attend the meeting and express
opinions.
Article 31 With regard to a
legislative bill placed on the agenda of a Standing
Committee meeting, the Law Committee shall conduct a unified
deliberation on the basis of the opinions expressed by
members of the Standing Committee and relevant special
committees after deliberation as well as the opinions
offered by the various quarters, work out a revision report
or a report on the result of its deliberation and a revised
draft of the legislative bill, and state the major
dissenting view in either of the two reports. It shall give
feedback to the relevant special committees if their
deliberated opinions of importance are not accepted.
When the Law Committee holds a meeting to deliberate on
a legislative bill, members of other relevant special
committees may be invited to attend the meeting and express
opinions.
Article 32 When a special committee is
to deliberate on a legislative bill, it shall hold a plenary
meeting and may, in light of need, request the relevant
organ or organization to send the leading members concerned
to make explanation.
Article 33 Where the special
committees disagree on major questions contained in a draft
law, the matter shall be reported to the Council of
Chairmen.
Article 34 With regard to a
legislative bill placed on the agenda of a Standing
Committee meeting, the Law Committee, the relevant special
committee and the working offices of the Standing Committee
shall listen to opinions of the various quarters by holding
forums, seminars, hearings, etc.
The working offices of the Standing Committee shall
send copies of the draft law to the relevant organs,
organizations and specialists to solicit their opinions and
then sort out the opinions and submit them to the Law
Committee and the relevant special committee and, where
necessary, print and distribute them at a meeting of the
Standing Committee.
Article 35 With regard to a
legislative bill placed on the agenda of a Standing
Committee meeting, it may, by decision of the Council of
Chairmen, be published for soliciting opinions. Opinions
gathered from the organs, organizations and citizens shall
be sent to the working offices of the Standing Committee.
Article 36 With regard to a
legislative bill placed on the agenda of a meeting of the
Standing Committee, its working offices shall collect and
sort out the deliberated opinions from group meetings and
the opinions offered by the various quarters as well as
other relevant information, and then send them to the Law
Committee and the relevant special committee and, where
necessary, print and distribute them at a meeting of the
Standing Committee.
Article 37 With regard to a
legislative bill placed on the agenda of a meeting of the
Standing Committee, if the sponsor requests its withdrawal
before it is put to vote, he shall state the reasons, and
deliberation of the bill at the meeting shall terminate as
soon as the Council of Chairmen has accepted the request and
reported the matter to the Standing Committee.
Article 38 Where a legislative bill
has been deliberated on by the Standing Committee at three
meetings and there are still major questions calling for
further study, the Council of Chairmen may propose, provided
with the consent of a joint group meeting or a plenary
meeting, not to put the bill to vote for the time being, and
refer it to the Law Committee and the relevant committee for
further deliberation.
Article 39 Where the deliberation of a
legislative bill has been laid aside for two full years
owing to significant disagreement among the various quarters
on the necessity and feasibility of making the bill into a
law, or where a legislative bill that has been proposed not
to be put to vote for the time being has failed to be placed
again on the agenda of a meeting of the Standing Committee
for deliberation within two years, the Council of Chairmen
shall report the matter to the Standing Committee and
deliberation on the said bill shall terminate.
Article 40 After the revised draft of
a law has been deliberated by the Standing Committee at its
meeting, the Law Committee shall further revise it on the
basis of the deliberated opinions of the members of the
Standing Committee before preparing a draft for vote; then,
the Council of Chairmen shall request the Standing Committee
to put the draft to vote at a plenary meeting, and the draft
shall be subject to adoption by a simple majority of the
total membership of the Standing Committee.
Article 41 A law adopted by the
Standing Committee shall be promulgated by Order of the
President signed by the president of the People's Republic
of China.
Section 4
Legal Interpretation
Article 42 The power of legal
interpretation belongs to the Standing Committee of the
National People's Congress.
A law shall be interpreted by the Standing Committee of
the National People's Congress if:
(1) the specific meaning of a provision needs to be
further defined; or
(2) after its enactment, new developments make it
necessary to define the basis on which to apply the law.
Article 43 The State Council, the
Central Military Commission, the Supreme People's Court, the
Supreme People's Procuratorate, a special committee of the
National People's Congress and the standing committee of the
people's congress of a province, autonomous region or
municipality directly under the Central Government may
request the Standing Committee of the National People's
Congress to give legal interpretation.
Article 44 The working offices of the
Standing Committee shall study and work out a draft for the
legal interpretation, which shall be put on the agenda of
the Standing Committee meeting by decision of the Council of
Chairmen.
Article 45 After a draft for legal
interpretation has been deliberated by the Standing
Committee at its meeting, the Law Committee shall, on the
basis of the deliberated opinions of members of the Standing
Committee, deliberate on the draft and revise it before
working out a draft legal interpretation for vote.
Article 46 The draft legal
interpretation for vote shall be subject to adoption by a
simple majority of the total membership of the Standing
Committee and be promulgated by the Standing Committee in an
announcement.
Article 47 The legal interpretation
adopted by the Standing Committee of the National People's
Congress has the same effect as the laws enacted by it.
Section 5
Other Provisions
Article 48 When a legislative bill is
submitted, a version of the draft law, its explanation and
other necessary information shall be provided at the same
time. The explanation on the draft law shall cover the
necessity of its enactment and its main contents.
Article 49 With regard to a
legislative bill submitted to the National People's Congress
or its Standing Committee, the sponsor has the right to
withdraw it before it is put on the agenda of a Congress
session or Committee meeting.
Article 50 With regard to a
legislative bill that has failed to pass the vote at a
plenary meeting of the National People's Congress or its
Standing Committee, if the sponsor still considers it
necessary to enact the proposed law, he may submit the bill
anew in accordance with the statutory procedures, and the
Presidium or the Council of Chairmen shall decide whether to
put it on the agenda of a session of the Congress or a
meeting of the Standing Committee; for a bill that has
failed to be adopted by the National People's Congress, the
case shall be referred to the National People's Congress for
deliberation and decision.
Article 51 In a law, the time for its
entry into effect shall be clearly stipulated.
Article 52 In an Order of the
President signed for promulgating a law, the organ that
enacts the law, the date of its adoption and the time for
its entry into effect shall be clearly stated.
Once a law is promulgated upon signing, it shall be
published in the Bulletin of the Standing Committee of the
National People's Congress and in the newspapers with a
nationwide distribution.
The text of a law published in the Bulletin of the
Standing Committee shall be the standard text.
Article 53 The procedures for revising
or nullifying a law shall be governed by the relevant
provisions in this Chapter.
Where only part of the articles of a law are revised or
nullified, the new text of the law must be promulgated.
Article 54 According to the need of
the contents, a law may consists of parts, chapters,
sections, articles, paragraphs, subparagraphs and items.
The sequence of the different parts, chapters, sections
and articles shall be marked in the order of Chinese
numerals, the sequence of the paragraphs shall not be
marked, that of subparagraphs shall be marked in the order
of bracketed Chinese numerals and that of items marked with
Arabic numerals.
In the note to the title of a law, the organ that
enacts the law and the date of adoption shall be clearly
stated.
Article 55 The working offices of the
Standing Committee of the National People's Congress may
reply, after study, to any legal inquiries regarding
specific questions and shall report thereon to the Standing
Committee for the record.
Chapter III
Administrative Regulations
Article 56 The State Council shall, in
accordance with the Constitution and laws, formulate
administrative regulations.
The administrative regulations may be formulated to
govern the following matters:
(1) matters requiring the formulation of administrative
regulations in order to implement the provisions of law; and
(2) matters within the administrative functions and
powers of the State Council as provided for in Article 89 of
the Constitution.
When the administrative regulations governing an affair
which has been formulated first by the State Council under
authorization decided on by the National People's Congress
or its Standing Committee, an affair on which the National
People's Congress or its Standing Committee is responsible
to make a law, have been tested in practice and when the
conditions are ripe for making a law on the affair, the
State Council shall, in a timely manner, request the
National People's Congress or its Standing Committee to make
the law.
Article 57 The drafting of
administrative regulations shall be arranged by the State
Council. Where a relevant department under the State Council
considers it necessary to formulate administrative
regulations to govern a matter, it shall apply to the State
Council for including the matter in its legislation list.
Article 58 In drafting administrative
regulations, opinions from relevant organs, organizations
and citizens shall be widely listened to, and forums,
seminars, hearings, etc. may be held for the purpose.
Article 59 When the drafting of the
administrative regulations is completed, the drafting unit
shall submit the draft, its explanation, differing opinions
from the various quarters on major questions in the draft
and other relevant information to the legislative affairs
department under the State Council for examination.
The legislative affairs department under the State
Council shall submit an examination report and a revised
draft to the State Council and in its examination report
explain the major questions in the draft.
Article 60 The decision-making
procedures for administrative regulations shall comply with
the relevant provisions in the Organic Law of the State
Council of the People's Republic of China.
Article 61 Administrative regulations
shall be promulgated by Order of the State Council signed by
the Premier of the State Council.
Article 62 After promulgation upon
signing, the administrative regulations shall immediately be
published in the Bulletin of the State Council and in
newspapers with a nationwide distribution.
The text of the administrative regulations published in
the Bulletin of the State Council shall be the standard
text.
Chapter IV
Local Regulations, Autonomous
Regulations, Separate Regulations, and Rules
Section 1
Local Regulations, Autonomous
Regulations and Separate Regulations
Article 63 The people's congresses or
their standing committees of the provinces, autonomous
regions and municipalities directly under the Central
Government may, in light of the specific conditions and
actual needs of their respective administrative areas,
formulate local regulations, provided that such regulations
do not contradict the Constitution, the laws and the
administrative regulations.
The people's congresses or their standing committees of
the comparatively larger cities may, in light of the
specific local conditions and actual needs, formulate local
regulations, provided that they do not contradict the
Constitution, the laws, the administrative regulations and
the local regulations of their respective provinces or
autonomous regions, and they shall submit the regulations to
the standing committees of the people's congresses of the
provinces or autonomous regions for approval before
implementation. The standing committees of the people's
congresses of the provinces or autonomous regions shall
examine the legality of such local regulations which are
submitted for approval, and shall approve them within four
months if they do not contradict the Constitution, the laws,
the administrative regulations, and the local regulations of
their respective provinces or autonomous regions.
When the standing committee of the people's congress of
a province or autonomous region examines the local
regulations of a comparatively larger city submitted for
approval, it shall make a decision to deal with the matter
if it finds that the said regulations contradict the rules
of the people's government of the province or autonomous
region.
A "comparatively larger city" used in this Law refers
to a city where a provincial or autonomous regional people's
government is located or where a special economic zone is
located, or a city approved as such by the State Council.
Article 64 Local regulations may be
formulated to govern the following matters:
(1) matters requiring the formulation of specific
provisions in light of the actual conditions of an
respective administrative area for implementing the
provisions of laws or administrative regulations; and
(2) matters of local character that require the
formulation of local regulations.
Except for the affairs provided for in Article 8 of
this Law, the provinces, autonomous regions, municipalities
directly under the Central Government and the comparatively
larger cities may, in light of the specific local conditions
and actual needs, first formulate local regulations on all
other affairs for which the State has not yet formulated any
laws or administrative regulations. Once the laws or
administrative regulations formulated on such matters by the
State come into effect, the provisions in local regulations
which contradict the said laws or administrative regulations
shall be null or void, and the organs that have formulated
such regulations shall promptly amend or annul the
provisions.
Article 65 The people's congresses or
their standing committees of the provinces and cities where
special economic zones are located may, upon authorization
by decision of the National People's Congress, formulate
regulations and enforce them within the limits of the
special economic zones.
Article 66 The people's congresses of
the national autonomous areas have the power to formulate
autonomous regulations and separate regulations on the basis
of the political, economic and cultural characteristics of
the local nationality(nationalities). The autonomous
regulations and separate regulations of the autonomous
regions shall be submitted to the Standing Committee of the
National People's Congress for approval and shall go into
effect upon approval. The autonomous regulations and
separate regulations of the autonomous prefectures or
counties shall be submitted to the standing committees of
the people's congresses of the relevant provinces,
autonomous regions or municipalities directly under the
Central Government for approval and shall go into effect
upon approval.
Where certain provisions of the laws and administrative
regulations are concerned, adaptation on the basis of the
characteristics of the local nationality (nationalities) may
be made in autonomous regulations and separate regulations,
but such adaptation may not contradict the basis principles
of the laws and administrative regulations; where the
provisions of the Constitution and the Law on Regional
National Autonomy as well as the provisions in other laws
and administrative regulations specially formulated to
govern the national autonomous areas are concerned, no
adaptation may be made.
Article 67 Local regulations governing
especially important matters of an administrative area shall
be subject to adoption by the people's congress of the area.
Article 68 The procedures for
submission, deliberation and voting of bills of local
regulations, autonomous regulations or separate regulations
shall be enacted by the people's congress at the
corresponding level in accordance with the Organic Law of
the People's Republic of China on Local People's Congresses
and Local People's Governments and with reference to the
provisions of Sections 2, 3 and 5 in Chapter II of this Law.
The organ in charge of unified deliberation of a draft
of local regulations shall prepare a report on the result of
its a conclusive report on deliberation and a revised draft
of the regulations.
Article 69 Local regulations
formulated 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
congress in an announcement.
Local regulations formulated 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 in an announcement.
Local regulations formulated by the people's congress
or its standing committee of a comparatively larger city
shall, upon approval, be promulgated by the standing
committee of the people's congress of the city in an
announcement.
Autonomous regulations or separate regulations shall,
upon approval, be promulgated by the standing committee of
the local people's congress of the autonomous region,
autonomous prefecture or autonomous county in an
announcement.
Article 70 Once local regulations or
autonomous regulations and separate regulations of an
autonomous region are promulgated, they shall be published
in the gazette of the standing committee of the local
people's congress and in newspapers distributed within the
administrative area.
The text of local regulations or autonomous regulations
and separate regulations published in the gazette of the
standing committee of the people's congress shall be the
standard text.
Section 2
Rules
Article 71 The ministries and
commissions of the State Council, the People's Bank of
China, the State Audit Administration as well as the other
organs endowed with administrative functions directly under
the State Council may, in accordance with the laws as well
as the administrative regulations, decisions and orders of
the State Council and within the limits of their power,
formulate rules.
Matters governed by the rules of departments shall be
those for the enforcement of the laws or the administrative
regulations, decisions and orders of the State Council.
Article 72 With regard to a matter
that falls within the limits of power of two or more
departments under the State Council, the State Council shall
be requested to formulate administrative regulations, or the
departments concerned under the State Council shall jointly
formulate rules.
Article 73 The people's governments of
the provinces, autonomous regions, municipalities directly
under the Central Government and the comparatively larger
cities may, in accordance with laws and administrative
regulations and the local regulations of their respective
province, autonomous regions or municipalities, formulate
rules.
Local governments may formulate rules to govern the
following matters:
(1) matters requiring the formulation of rules to
implement the provisions of laws, administrative regulations
and local regulations; and
(2) specific administrative matters pertaining to their
respective administrative areas.
Article 74 The procedures for
formulating the rules of departments under the State Council
and rules of local governments shall be enacted by the State
Council with reference to the provisions in Chapter III of
this Law.
Article 75 The Rules of departments
shall be subject to decision by the executive meetings of
ministries or meetings of commissions.
The rules of local governments shall be subject to
decision by the executive meetings or plenary meetings of
the respective governments.
Article 76 The rules of departments
shall be promulgated by orders signed by the heads of the
departments.
The rules of local governments shall be promulgated by
orders signed by governors of provinces, chairmen of
autonomous regions or mayors.
Article 77 the rules of departments
shall, upon promulgation by signed orders, be promptly
published in the gazette of the State Council or gazettes of
the departments and in newspapers with a nationwide
distribution.
The rules of local governments shall, upon promulgation
by signed orders, be promptly published in gazettes of the
local people's governments and in newspapers distributed
within their respective administrative areas.
The text of rules published in the gazette of the State
Council or of the department and in the gazette of the local
people's government shall be the standard text.
Chapter V
Application and Record
Article 78 The legal effect of the
Constitution is the highest, and no laws, administrative
regulations, local regulations, autonomous regulations,
separate regulations or rules whatever may contradict it.
Article 79 The effect of laws is
higher than that of administrative regulations, local
regulations, and rules.
The effect of administrative regulations is higher than
that of local regulations, and rules.
Article 80 The effect of local
regulations is higher than that of the rules of the local
governments at or below the corresponding level.
The effect of the rules formulated by the people's
governments of the provinces or autonomous regions is higher
than that of the rules formulated by the people's
governments of the comparatively larger cities within the
administrative areas of the provinces and autonomous
regions.
Article 81 Where in autonomous
regulations or separate regulations provisions are
formulated in accordance with law to make adaptations with
regard to certain provisions of laws, administrative
regulations or local regulations, the provisions of the
autonomous regulations or separate regulations shall apply
in the autonomous areas concerned.
Where regulations of special economic zones are
formulated, upon authorization, to make adaptations with
regard to certain provisions of laws, administrative
regulations or local regulations, the provisions of the
regulations of special economic zones shall apply in the
special economic zones concerned.
Article 82 The effect of the rules of
different departments is equal between the departments, and
the effect of the rules of departments and of the rules of
local governments is equal between the departments and local
governments; their application shall be confined to their
respective limits of authority.
Article 83 With regard to laws,
administrative regulations, local regulations, autonomous
regulations, separate regulations or rules, if they are
formulated by one and same organ and if there is
inconsistency between special provisions and general
provisions, the special provisions shall prevail; if there
is inconsistency between the new provisions and the old
provisions, the new provisions shall prevail.
Article 84 Laws, administrative
regulations, local regulations, autonomous regulations,
separate regulations and rules shall not be retroactive, but
the regulations formulated specially for the purpose of
better protecting the rights and interests of citizens,
legal persons and other organizations are excepted.
Article 85 Where there is
inconsistency between the new general provisions and the old
special provisions in different laws governing one and the
same matter and it is hard to decide which provisions shall
prevail, a ruling shall be made by the Standing Committee of
the National People's Congress.
Where there is inconsistency between the new general
provisions and the old special provisions in different
administrative regulations governing one and the same matter
and it is hard to decide which provisions shall prevail, a
ruling shall be made by the State Council.
Article 86 Where there is
inconsistency between local regulations and rules, a ruling
shall be made by the organ concerned according to the limits
of power prescribed below:
(1) Where there is inconsistency between the new
general provisions and the old special provisions formulated
by one and the same organ, the said organ shall make a
ruling;
(2) Where there is inconsistency between the provisions
of local regulations and those of the rules of departments
governing one and same matter and it is hard to decide which
provisions shall prevail, the State Council shall make a
decision; if it considers that the provisions of the local
regulations should be applied, it shall decide that the
provisions of the local regulations be applied in the
locality concerned; if it considers that the rules of
departments should be applied, the case shall be submitted
to the Standing Committee of the National People's Congress
for a ruling; and
(3) Where there is inconsistency between the provisions
in the rules of different departments or between the
provisions in the rules of the departments and those in the
rules of local governments governing one and the same
matter, the State Council shall make a ruling.
Where there is inconsistency between the regulations
formulated
upon authorization and the provisions of laws and it is
hard to decide which shall prevail, the Standing Committee
of the National People's Congress shall make a ruling.
Article 87 Under any of the following
circumstances, laws, administrative regulations, local
regulations, autonomous regulations, separate regulations or
rules shall be altered or annulled by the organ concerned in
accordance with the limits of power prescribed in Article 88
of this Law:
(1) where the limits of power are transcended;
(2) where provisions of the legislation of lower levels
contravene those of the legislation of upper levels;
(3) where, because of inconsistency between the
provisions of different rules governing one and the same
matter, it is ruled that the provisions of one side be
altered or annulled;
(4) where the provisions of rules are considered
inappropriate and should therefore be altered or annulled;
or
(5) where legal procedures are violated.
Article 88 The limits of power for
altering or annulling laws, administrative regulations,
local regulations, autonomous regulations, separate
regulations or rules are as follows:
(1) The National People's Congress has the power to
alter or annul any inappropriate laws enacted by its
Standing Committee, and to annul any autonomous regulations
or separate regulations which have been approved by its
Standing Committee but which contravene the Constitution or
the provision of the second paragraph in Article 66 of this
Law;
(2) The Standing Committee of the National People's
Congress has the power to annul any administrative
regulations which contradict the Constitution and laws, to
annul any local regulations which contradict the
Constitution, laws or administrative regulations, and to
annul any autonomous regulations or separate regulations
which have been approved by the standing committees of the
people's congresses of the relevant provinces, autonomous
regions or municipalities directly under the Central
Government but which contravene the Constitution or the
provision of the second paragraph in Article 66 of this Law;
(3) The State Council has the power to alter or annul
any inappropriate rules of the departments and of local
governments;
(4) The people's congress of a province, autonomous
region or municipality directly under the Central Government
has the power to alter or annul any inappropriate local
regulations formulated or approved by its standing
committee;
(5) The standing committee of a local people's congress
has the power to annul any inappropriate rules formulated by
the people's government at the same level;
(6) The people's government of a province or autonomous
region has the power to alter or annul any inappropriate
rules formulated by people's governments at the next lower
level; and
(7) The authorizing organ has the power to annul any of
the regulations formulated by an authorized organ that
transcends the authorized limits of power or contravenes the
authorized purpose, and when necessary, may revoke the
authorization.
Article 89 Administrative regulations,
local regulations, autonomous regulations, separate
regulations and rules shall, within 30 days from the date of
promulgation, be reported to the organ concerned for the
record in accordance with the following provisions:
(1) Administrative regulations shall be reported to the
Standing Committee of the National People's Congress for the
record;
(2) Local regulations formulated by the people's
congresses or their standing committees of provinces,
autonomous regions and municipalities directly under the
Central Government shall be reported to the Standing
Committee of the National People's Congress and the State
Council for the record; local regulations formulated by the
people's congresses or their standing committees of the
comparatively larger cities shall be reported by the
standing committees of the people's congresses of the
relevant provinces and autonomous regions to the Standing
Committee of the National People's Congress and the State
Council for the record;
(3) Autonomous regulations and separate regulations
formulated by autonomous prefectures and autonomous counties
shall be reported by the standing committees of people's
congresses of the relevant provinces, autonomous regions or
municipalities directly under the Central Government to the
Standing Committee of the National People's Congress and the
State Council for the record;
(4) The rules of a department and of a local government
shall be reported to the State Council for the record. The
rules of a local government shall at the same time be
reported to the standing committee of the people's congress
at the same level for the record. The rules formulated by
the people's government of a comparatively larger city shall
simultaneously be reported to the standing committee of the
people's congress and to the people's government of the
relevant province or autonomous region for the record; and
(5) Regulations formulated upon authorization shall be
reported to the organ specified by the authorization
decision for the record.
Article 90 When the State Council, the
Central Military Commission, the Supreme People's Court, the
Supreme People's Procuratorate and the standing committees
of the people's congresses of the provinces, autonomous
regions and municipalities directly under the Central
Government consider that administrative regulations, local
regulations, autonomous regulations or separate regulations
contradict the Constitution or laws, they may submit to the
Standing Committee of the National People's Congress written
requests for examination, and the working offices of the
Standing Committee shall refer the requests to the relevant
special committees for examination and suggestions.
When State organs other than the ones mentioned in the
preceding paragraph, public organizations, enterprises and
institutions or citizens consider that administrative
regulations, local regulations, autonomous regulations or
separate regulations contradict the Constitution or laws,
they may submit to the Standing Committee of the National
People's Congress written suggestions for examination, and
the working offices of the Standing Committee shall study
the suggestions and shall, when necessary, refer them to the
relevant special committees for examination and suggestions.
Article 91 When after examination a
special committee of the National People's Congress
considers that administrative regulations, local
regulations, autonomous regulations or separate regulations
contradict the Constitution or laws, it may submit written
suggestions to the organ that has formulated the regulations
for examination; or the Law Committee and other relevant
special committees may convene a joint meeting for
examination and request the said organ to attend the meeting
and give an explanation, and then after examination submit
to the organ written comments and suggestions. The organ
that has formulated the regulations shall, within two
months, study and put forth suggestions as to whether to
revise the regulations, and shall give feedback to the Law
Committee and other relevant special committees of the
National People's Congress.
If, after examination, the Law Committee and other
relevant special committees of the National People's
Congress consider that administrative regulations, local
regulations, autonomous regulations or separate regulations
contradict the Constitution or laws and the organ that has
formulated such regulations refuses to make revision, they
may submit written comments and suggestions on the basis of
their examination and propose a motion for annulment of the
regulations to the Council of Chairmen, which shall decide
whether to submit the motion to a meeting of the Standing
Committee for examination and decision.
Article 92 Other authorities which
receive local regulations, autonomous regulations, separate
regulations or rules submitted to them for the record shall,
in accordance with the principle of safeguarding legal
uniformity, formulate procedures for the examination of such
regulations or rules.
Chapter VI
Supplementary Provisions
Article 93 The Central Military
Commission shall, in accordance with the Constitution and
laws, formulated military regulations.
The General Departments, the various services and arms
and the military commands of the Central Military Commission
may, in accordance with laws and the military regulations,
decisions and orders of the Commission, formulate military
rules within the limits of their power.
Military regulations and military rules shall be
implemented within the armed forces.
Measures for formulating, revising and nullifying
military regulations and military rules shall be formulated
by the Central Military Commission in accordance with the
principles laid down in this Law.
Article 94 This Law shall go into
effect as of July 1, 2000.
Notice: All copyrights of the English version of the
Orders of the President of the People's Republic of China
released on gov.cn belong to the Legislative Affairs
Commission of the Standing Committee of the National
People's Congress of the People's Republic of China.
