Legislation Law of the People’s Republic of China

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; amended for the first time in accordance with the Decision on Amending the Legislation Law of the People’s Republic of China adopted at the Third Session of the Twelfth National People’s Congress on March 15, 2015; and amended for the second time in accordance with the Decision on Amending the Legislation Law of the People’s Republic of China adopted at the First Session of the Fourteenth National People’s Congress on March 13, 2023)

Contents

Chapter I  General Provisions

Chapter II  Laws

Section 1 Legislative Authority

Section 2 Legislative Procedure of the National People’s Congress

Section 3 Legislative Procedure of 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, Recording, and Review

Chapter VI Supplementary Provisions

Chapter I

General Provisions

Article 1 This Law is formulated in accordance with the Constitution to standardize legislative activities, improve the legislative system of the state, the quality of legislation, and the socialist system of laws with Chinese characteristics; tap the guiding and driving roles of legislation; safeguard and develop socialist democracy; advance law-based governance across all fields of endeavor; and establish China as a socialist country under the rule of law.

Article 2 This Law shall be applicable to the formulation, revision, and repeal of laws, administrative regulations, local regulations, autonomous regulations, and separate regulations.

The departmental rules of the State Council and local government rules shall be formulated, revised and repealed in accordance with the relevant provisions of this Law.

Article 3 Legislation shall fall under the leadership of the Communist Party of China, be guided by Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Theory of Three Represents, the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, promote the development of the socialist rule of law with Chinese characteristics, and ensure that China is built into a modern socialist country in all respects under the rule of law.

Article 4 Legislation shall keep economic development as the central task, uphold the reform and opening up policy, implement the new development philosophy, and guarantee the great rejuvenation of the Chinese nation on all fronts through a Chinese path to modernization.

Article 5 Laws shall be made in a way consistent with the provisions, principles, and spirit of the Constitution, in accordance with the statutory scope of authority and procedures, on the basis of the overall interests of the country, and for the purpose of safeguarding the uniformity, dignity and authority of the socialist legal system.

Article 6 Legislation shall uphold and develop whole-process people’s democracy, respect and protect human rights, and safeguard and promote social fairness and justice.

During the process of lawmaking, the will of the people shall be reflected, socialist democracy promoted, transparency adhered to, and participation by the people through various channels guaranteed.

Article 7 Legislation shall proceed from reality; meet the requirements for promoting economic and social development and deepen all-around reform; and appropriately and rationally prescribe the rights and duties of citizens, legal persons, and other organizations, and the powers and responsibilities of state organs.

Legal provisions shall be explicit, specific, issue-targeted and enforceable.

Article 8 Legislation shall advocate and promote the core socialist values, adhere to integrating the rule of law and the rule by virtue, forge a strong sense of community for the Chinese nation, and promote socialist cultural-ethical progress.

Article 9 Legislation shall adapt to the needs of reform; coordinate the promotion of reform under the rule of law and the improvement of the rule of law in reform; provide guidance for, promote, regulate and guarantee relevant reforms; and bring into play the important role of the rule of law in modernizing China’s system and capacity for governance.

Chapter II

Laws

Section 1

Legislative Authority

Article 10 The National People’s Congress and its Standing Committee exercise the legislative power of the state in accordance with the provisions of the Constitution.

The National People’s Congress shall formulate and revise basic laws governing criminal offenses, civil matters, state institutions, and other matters.

The Standing Committee of the National People’s Congress shall formulate and revise laws other than the ones to be formulated by the National People’s Congress, and when the National People’s Congress is not in session, shall supplement and revise the laws formulated by the National People’s Congress, on the premise that the supplementation and revision are not in contradiction to the basic principles of such laws.

The National People’s Congress may authorize its Standing Committee to formulate certain laws.

Article 11 The following matters shall only be governed by law:

(1) matters concerning state sovereignty;

(2) the establishment, organization, and the functions and powers of the people’s congresses, the people’s governments, the commissions of supervision, the people’s courts and the people’s procuratorates at all levels;

(3) the system of regional ethnic autonomy, the system of special administrative region, and the system of community-level self-governance;

(4) crimes and their punishments;

(5) the compulsory measures and penalties involving the deprivation of citizens of their political rights or the restriction of their personal freedom;

(6) basic systems for taxation such as introduction of a new tax, setting of tax rates, and the administration of tax collection;

(7) expropriation and requisition of non-state-owned property;

(8) the basic civil system;

(9) the basic economic system and the basic fiscal, customs, financial, and foreign-trade systems;

(10) the litigation system and the basic arbitration system; and

(11) other matters on which laws must be formulated by the National People’s Congress or its Standing Committee.

Article 12 In the absence of a law on any of the matters specified in Article 11 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, in light of actual needs, an administrative regulation first on part of the matter, except for those matters concerning crimes and criminal punishments, the compulsory measures and penalties involving the deprivation of citizens of their political rights or the restriction of their personal freedom, and the judicial system.

Article 13 An authorization decision shall specify matters such as the purpose, subject matter, scope, and duration of the authorization as well as the principles to be followed by the authorized organ for implementing the authorization decision.

The duration of an authorization shall not exceed five years unless otherwise provided in the authorization decision.

The authorized organ shall, six months prior to the expiration of the duration of the authorization, report to the authorizing organ on the implementation of the authorization decision and advise on whether a law needs to be formulated in this respect; where an extension of the duration of the authorization is needed, the authorized organ may submit its opinion thereon to the National People’s Congress or its Standing Committee for a decision.

Article 14 Where an administrative regulation on a matter formulated under authorization has been tested in practice and when the conditions are ripe for making a law on the matter, the National People’s Congress or its Standing Committee shall make a law thereon in a timely manner. The authorization with regard to the matter in question shall be terminated upon the formulation of the law.

Article 15 The authorized organ shall exercise the authorized power strictly in compliance with the authorization decision.

The authorized organ may not redelegate the authorized power to any other organ.

Article 16 The National People’s Congress and its Standing Committee may, based on the needs for reform and development, decide to, as regards a specific matter, authorize temporary adjustment to or suspension of the application of some provisions of a law within a prescribed duration and scope.

As to the specific matter on which the application of some provisions of a law is temporarily adjusted or suspended, if such adjustments or suspension has been proved feasible in practice, the National People’s Congress or its Standing Committee shall revise the relevant laws in a timely manner; if the conditions for revising the law are not ripe, the duration of authorization may be extended, or the application of the relevant provisions of the law may be resumed.

Section 2

Legislative Procedure of the National People’s Congress

Article 17 The Presidium of the National People’s Congress may sponsor legislative bills and submit them to the National People’s Congress, which shall be deliberated on at a session of the National People’s Congress.

 The Standing Committee of the National People’s Congress, the State Council, the Central Military Commission, the National Commission of Supervision, the Supreme People’s Court, the Supreme People’s Procuratorate and special committees of the National People’s Congress may sponsor legislative bills and submit them to the National People’s Congress, which shall be put on the agenda of a session of the National People’s Congress by decision of the Presidium.

Article 18 A delegation or a group of thirty or more deputies may sponsor legislative bills and submit them to the National People’s Congress. The Presidium shall decide whether or not to put them on the agenda of a session, or shall do so after referring the bills to the respective special committees for deliberation and opinions.

 When a special committee holds a meeting to deliberate on a legislative bill, it may invite the sponsor to attend the meeting to express its opinion.

Article 19 A legislative bill to be submitted to the National People’s Congress may be submitted first to its Standing Committee when the National People’s Congress is not in session. The Standing Committee shall deliberate on the legislative bill at its meetings in accordance with the procedures stipulated in Section 3 of Chapter II of this Law, and decide to submit it to the National People’s Congress for deliberation. The Standing Committee or the sponsor shall make an explanation to a plenary meeting of the session of the National People’s Congress.

When deliberating on a legislative bill in accordance with the provisions of the preceding paragraph, the Standing Committee shall solicit, in various ways, the opinions of deputies to the National People’s Congress and give deputies feedback on relevant information. The relevant special committee of the National People’s Congress and the relevant working body of the Standing Committee may invite the relevant deputies to the National People’s Congress to participate in their legislative research tours.

Article 20 Where 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 law included in the bill to the deputies one month before the session is convoked, and may organize the deputies to study and discuss the draft law and solicit their opinions at an appropriate time.

Article 21 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 the plenary meeting of the National People’s Congress.

When the delegations are deliberating on a legislative bill, the sponsor shall send persons to listen to 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 persons to give briefings thereon.

Article 22 The legislative bill that has been placed on the agenda of a session of the National People’s Congress shall be deliberated on by the relevant special committee which shall then submit its deliberation opinion to the Presidium, and the opinion shall also be distributed at the session.

Article 23 The legislative bill that has been placed on the agenda of a session of the National People’s Congress shall be deliberated on by the Constitution and Law Committee of the National People’s Congress in a unified way on the basis of the deliberation opinions of the various delegations and the relevant special committee. The Constitution and Law Committee shall submit to the Presidium a report on the results of its deliberation and a revised draft law, and explain the issues of constitutionality involved and major dissenting views in the report. After examination and approval by the Presidium, the report on the results of its deliberation and the revised draft law shall be distributed at the session.

Article 24 With regard to a legislative bill that has been placed on the agenda of a session of the National People’s Congress, the standing chairpersons of the Presidium may, when necessary, convene a meeting of the heads of all delegations to hear and discuss the deliberation opinions of the delegations on important issues in the legislative bill, and report the discussions and opinions expressed to the Presidium.

The standing chairpersons of the Presidium may also convene a meeting of the deputies selected by their respective delegations to discuss the important specialized issues in the legislative bill, and report the discussions and opinions to the Presidium.

Article 25 Where the sponsor requests to withdraw a legislative bill that has been placed on the agenda of a session of the National People’s Congress before the legislative bill is put to a vote, it shall explain the reasons, and the deliberation of the legislative bill shall end once the sponsor obtains approval from the Presidium and reports the withdrawal to the session.

Article 26 Where an important issue raised during the deliberation on a legislative bill calls for further study, the National People’s Congress may, by decision of a plenary meeting as proposed 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 authorize the Standing Committee to further deliberate on the bill on the basis of deputies’ opinions and to work out a revision proposal, which shall be submitted to the next session of the National People's Congress for deliberation and decision.

Article 27 After the revised draft law is deliberated on by all the delegations, the Constitution and Law Committee shall revise the revised draft based on the deliberation opinions of the delegations and prepare a draft law for a vote, which shall be submitted by the Presidium to a plenary meeting of the session for a vote and adopted by a simple majority of all deputies.

Article 28 A law adopted by the National People’s Congress shall be promulgated by an Order of the President signed by the President.

Section 3

Legislative Procedure of the Standing Committee of the National People’s Congress

Article 29 The Council of Chairpersons may submit legislative bills to the Standing Committee for deliberation at meetings of the Standing Committee.

The State Council, Central Military Commission, National Commission of Supervision, Supreme People’s Court, 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 Chairpersons shall decide to put it on the agenda of a meeting of the Standing Committee or, before deciding to put it on the agenda of a meeting of the Standing Committee, refer it first to the relevant special committee for deliberation and a report. Where the Council of Chairpersons believes that the legislative bill contains major problems calling for further study, it may advise the sponsor to revise and improve the bill before submitting it to the Standing Committee.

Article 30 Ten or more of the component members of the Standing Committee may jointly submit a legislative bill to the Standing Committee, and the Council of Chairpersons shall decide whether or not to put it on the agenda of a meeting of the Standing Committee, or may, before deciding whether or not to put it on the agenda of a meeting of the Standing Committee, refer it first to the relevant special committee for deliberation and an opinion. Where the Council of Chairpersons decides not to put the legislative bill on the agenda of a meeting of the Standing Committee, it shall make a report to a meeting of the Standing Committee or give an explanation to the sponsor.

Where a special committee holds a meeting to deliberate on a bill, it may invite the sponsor to attend the meeting and express opinions.

Article 31 Where a legislative bill is placed on the agenda of a meeting of the Standing Committee, its draft law shall, except under special circumstances, be delivered to the component members of the Standing Committee seven days before the meeting.

The Standing Committee shall invite the relevant deputies to the National People’s Congress to attend the meetings it holds to deliberate on bills as non-voting participants.

Article 32 A legislative bill placed on the agenda of a meeting of the Standing Committee shall generally be put to a vote after deliberations at three meetings of the Standing Committee.

When a legislative bill is deliberated on at a meeting of the Standing Committee for the first time, the explanation made by the sponsor shall be heard at a plenary meeting, and then preliminary deliberations shall be conducted at group meetings.

When a legislative bill is deliberated on at a meeting of the Standing Committee for the second time, the report of the Constitution and Law Committee on the revision of the draft law and the main issues of the draft law shall be heard at a plenary meeting, and then the bill shall be further deliberated on at group meetings.

When a legislative bill is deliberated on at a meeting of the Standing Committee for the third time, the report of the Constitution and Law Committee on the results of its deliberation on the draft law shall be heard at a plenary meeting, and then the revised draft law shall be deliberated on at group meetings.

Where the Standing Committee deliberates on a legislative bill, it may, according to needs, convene joint group meetings or plenary meetings to discuss the main issues contained in the draft law.

Article 33 Where all parties have, in the main, reached a consensus on a legislative bill placed on the agenda of a meeting of the Standing Committee, the bill may be put to a vote after deliberation at two meetings of the Standing Committee; where a legislative bill is narrowly focused or makes amendments to a law, and all parties have, in the main, reached a consensus, or where there is an emergency situation, the bill may be put to a vote upon deliberation at one meeting of the Standing Committee.

Article 34 Where group meetings of the Standing Committee are held to deliberate on a legislative bill, the sponsor shall send persons to listen to opinions and answer inquires.

Where group meetings of the Standing Committee are held to deliberate on a legislative bill, the relevant organs or organizations shall, at the request of any group, send persons to give briefings.

Article 35 The legislative bill placed on the agenda of a meeting of the Standing Committee shall be deliberated on by the relevant special committee, which shall offer its opinion after deliberation and have the opinion distributed at the meeting of the Standing Committee.

Where a relevant special committee holds a meeting to deliberate on a legislative bill, it may invite members of other special committees to attend the meeting as non-voting participants and express opinions.

Article 36 With regard to a legislative bill placed on the agenda of a Standing Committee meeting, the Constitution and Law Committee shall conduct a unified review based on the deliberation opinions of component members of the Standing Committee and of the relevant special committees and the opinions of various parties, prepare a report on revisions or on the results of its deliberation with a revised draft law, and explain the issues of constitutionality involved and the major dissenting views in the report. Feedback shall be provided to the relevant special committees whose deliberation opinions are not adopted.

Where the Constitution and Law Committee holds a meeting to deliberate on a legislative bill, members of other relevant special committees shall be invited to attend the meeting as non-voting participants and express opinions.

Article 37 Where a special committee deliberates on a legislative bill, it shall hold a plenary meeting and may, in light of need, request the relevant organs or organizations to send relevant responsible persons to make explanations.

Article 38 Where relevant special committees hold dissenting views regarding important issues contained in a draft law, they shall report the dissenting views to the Council of Chairpersons.

Article 39 With regard to a legislative bill placed on the agenda of a Standing Committee meeting, the Constitution and Law Committee, the relevant special committees and the relevant working body of the Standing Committee shall hear opinions of various parties by means such as forums, argumentation meetings, and hearings.

Where a legislative bill involves relatively professional issues and a feasibility assessment is needed, an argumentation meeting shall be held for relevant experts, departments, and deputies to the National People’s Congress, etc., to express opinions. The results of the argumentation meeting shall be reported to the Standing Committee.

Where there are major disagreements on issues contained in a legislative bill, or such issues involve major change of interests and relations, and it is necessary to conduct a hearing, the hearing shall be held to solicit opinions from representatives from the grassroots level, representatives from relevant groups, departments, people’s organizations, experts, deputies to the National People’s Congress, and relevant parties of society. The results of the hearing shall be reported to the Standing Committee.

The relevant working body of the Standing Committee shall send copies of the draft law to the deputies to the National People’s Congress of the relevant fields, the standing committees of local people’s congresses, and the relevant departments, organizations and experts, to solicit their opinions.

Article 40 With regard to a legislative bill placed on the agenda of a Standing Committee meeting, the draft law itself and the explanation on its drafting and revision shall be made public for soliciting opinions after the Standing Committee meeting, unless otherwise decided by the Council of Chairpersons. The period for soliciting public opinions shall be not less than 30 days. Information about the opinions solicited shall be announced to the public.

Article 41 With regard to a legislative bill placed on the agenda of a Standing Committee meeting, the relevant working body of the Standing Committee shall collect and sort out the opinions offered at group deliberations, the opinions offered by the various parties and other related materials, send them to the Constitution and Law Committee and other relevant special committees and, as necessary, distribute them at the meeting of the Standing Committee.

Article 42 Where a legislative bill is planned to be submitted to a meeting of the Standing Committee for deliberation and voting, the relevant working body of the Standing Committee may, before the Constitution and Law Committee presents the report on the results of its deliberation, evaluate issues such as the feasibility of major systems and provisions in the draft law, the timing of the law’s enactment, the possible social impact of the law’s implementation, and the problems that might emerge. The Constitution and Law Committee shall explain the evaluation results in the report on the results of its deliberation.

Article 43 Where a sponsor requests to withdraw a legislative bill placed on the agenda of a meeting of the Standing Committee before it is put to a vote, the sponsor shall state the reasons, and deliberation of the bill at the meeting shall end as soon as the Council of Chairpersons accepts the request and the sponsor reports the matter to the Standing Committee.

Article 44 After the revised draft law is deliberated on at a meeting of the Standing Committee, the Constitution and Law Committee shall further revise it based on the deliberation opinions of the component members of the Standing Committee and prepare a draft law for a vote; then, the Council of Chairpersons shall request the Standing Committee to put the draft law to a vote at a plenary meeting. The draft law shall be subject to adoption by a simple majority of the total component members of the Standing Committee.

Before the draft law is submitted to a Standing Committee meeting for a vote, the Council of Chairpersons, in light of the deliberations at Standing Committee meetings, may decide to submit certain important provisions on which there is considerably wide disagreement to the Standing Committee meeting for a separate vote.

After the provisions submitted for a separate vote are voted on at a Standing Committee meeting, the Council of Chairpersons, based on the results of the separate vote, may decide either to submit the draft law to a Standing Committee meeting for a vote, or to hold it from voting for the time being and refer it to the Constitution and Law Committee and other relevant special committees for further review.

Article 45 Where the deliberation of a legislative bill placed on the agenda of a meeting of the Standing Committee has been deferred for two years owing to considerably wide disagreement among the various parties on important issues such as the necessity and feasibility of making the bill into a law, or where the legislative bill has not been placed on the agenda of a Standing Committee meeting for deliberation for two years since it was held from voting, the Council of Chairpersons may decide to end its deliberation and report the decision to the Standing Committee; or, when necessary, may also decide to postpone its deliberation.

Article 46 Where a legislative bill is submitted for revising certain provisions of several laws concerning the same matters, the vote may be conducted once and for all or be conducted law by law, as decided by the Council of Chairpersons.

 Article 47 A law adopted by the Standing Committee shall be promulgated by an Order of the President signed by the President.

Section 4

Legal Interpretation

Article 48 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 if it is in any of the following circumstances:

(1) where the specific meaning of a provision of the law needs to be further clarified; and

(2) where new circumstances arising after the formulation of the law necessitate the clarification of the basis for its application.

Article 49 The State Council, Central Military Commission, National Commission of Supervision, Supreme People’s Court, Supreme People’s Procuratorate, and special committees of the National People’s Congress may submit requests for legal interpretation or submit relevant legislative bills to the Standing Committee of the National People's Congress.

The standing committees of the people's congresses of provinces, autonomous regions or municipalities directly under the Central Government may submit requests for legal interpretation to the Standing Committee of the National People’s Congress.

Article 50 The relevant working body of the Standing Committee shall study and work out draft legal interpretations, which shall be put on the agenda of a Standing Committee meeting by decision of the Council of Chairpersons.

Article 51 After a draft legal interpretation has been deliberated on at a Standing Committee meeting, the Constitution and Law Committee shall, on the basis of the deliberation opinions of component members of the Standing Committee, deliberate on and revise the draft legal interpretation and work out a draft legal interpretation for vote.

Article 52 The draft legal interpretation for a vote shall be adopted by a simple majority of the total membership of the Standing Committee and promulgated by the Standing Committee in an announcement.

Article 53 The legal interpretations adopted by the Standing Committee of the National Congress are of the same authority as laws.

Section 5

Other Provisions

Article 54 The National People’s Congress and its Standing Committee shall enhance organization and coordination of legislative affairs and play a leading role in legislation.

Article 55 The National People’s Congress and its Standing Committee shall conduct legislative work in a well-conceived and democratic way and in accordance with the law, and make legislation more systematic, holistic, coordinated, and responsive through enacting, revising, repealing, interpreting, and codifying laws.

Article 56 The Standing Committee of the National People’s Congress shall improve the overall planning of legislative work through means such as five-year, annual and special legislative plans. When formulating legislative plans, full consideration shall be given to the proposals and suggestions of deputies to the National People's Congress, opinions shall be solicited from wide-ranging sources, rigorous feasibility studies and evaluations shall be conducted, and legislative projects shall be determined based on the need for economic and social development and the building of democracy and the rule of law, and according to the requirement to step up legislation in key, emerging, and foreign-related fields. The legislative plans shall be passed by the Council of Chairpersons and be made public.

The relevant working body of the Standing Committee of the National People’s Congress shall be responsible for formulating five-year legislative plans and drafting annual and special legislative plans, and shall see to their implementation in accordance with the requirement of the Standing Committee of the National People’s Congress.

Article 57 The relevant special committee of the National People’s Congress and the relevant working body of the Standing Committee shall participate in advance in the law drafting work carried out by the relevant organizations. If the law is of a comprehensive or fundamental nature or has an impact on the overall picture, the relevant special committee or the relevant working body of Standing Committee may organize the drafting of the law.

If a draft law involves relatively professional issues, experts in relevant fields may be invited to participate in its drafting, or relevant experts, education or research institutions, or social organizations may be entrusted with its drafting.

Article 58 Where a legislative bill is submitted, a version of the draft law, an explanation of the draft law, and other necessary materials for reference shall be provided at the same time. Where a legislative bill proposes revising a law, a comparison of the texts before and after the revision shall also be provided. The explanation of a draft law shall include the necessity and feasibility of formulating or revising the law and its main contents, opinions on the issues of constitutionality involved, as well as the circumstances of coordinating and handling major disagreements during the drafting process.

Article 59 The sponsor submitting a legislative bill to the National People’s Congress or its Standing Committee has the right to withdraw the bill before it is put on the agenda of a session of the National People's Congress or a meeting of the Standing Committee.

Article 60 When a legislative bill fails to pass the vote at a plenary session of the National People’s Congress or a plenary meeting of the Standing Committee of the National People’s Congress, the sponsor, considering it necessary to enact the proposed law, may submit the legislative bill anew in accordance with the statutory procedures, and the Presidium or the Council of Chairpersons shall decide whether to put it on the agenda of a plenary session of the National People's Congress or a plenary meeting of the Standing Committee. A bill that has failed to be adopted by the National People’s Congress shall be referred to the National People’s Congress for deliberation and decision.

Article 61 A law shall specify the date for its entry into effect.

Article 62 An Order of the President signed to promulgate a law shall specify the enacting organ, date of adoption and effective date of the law.

After a law is signed and promulgated, the text of the law as well as the explanation of the draft law and the report on the results of deliberations shall be published in the Gazette of the Standing Committee of the National People’s Congress of the People’s Republic of China, on the official website of the National People’s Congress, and in the newspapers with a nationwide circulation.

The text of a law published in the Gazette of the Standing Committee of the National People’s Congress of the People’s Republic of China shall be the standard text.

Article 63 The procedures for revising or repealing a law shall be governed by the relevant provisions of this Chapter.

The new text of a revised law shall be promulgated.

The repeal of a law shall be promulgated by an Order of the President signed by the President, except where the law is repealed by another law.

Article 64 Where a draft law is inconsistent with the relevant provisions of other laws, the legislative bill sponsor shall explain the situation and propose a resolution, and where necessary, concurrently submit a proposal to revise or repeal the relevant provisions of other laws.

Where, when deliberating a legislative bill, the Constitution and Law Committee and other relevant special committees consider it necessary to revise or repeal the relevant provisions of other laws, they shall give their opinion on how to handle the matter.

Article 65 According to the need of its contents, a law may be divided into books (parts), chapters, sections, articles, paragraphs, subparagraphs and items.

The books (parts), chapters, sections and articles shall be marked in Chinese numerals in numerical order, the paragraphs shall not be numbered, the subparagraphs shall be marked in Chinese numerals in parentheses in numerical order, and the items shall be marked in Arabic numerals in numerical order.

The caption of a law shall state the enacting organ of the law and date of adoption. The caption of a revised law shall state the revising organ and date of each revision in chronological order.

The relevant working body of the Standing Committee of the National People’s Congress shall prepare technical specifications for legislation.

Article 66 Where a provision of a law requires a relevant state organ to formulate a specific supporting regulation on a matter, the state organ shall formulate the regulation within one year of the law’s effective date. Where the law otherwise provides for the time limit for formulating the regulation, the provision of the law shall prevail. Where the relevant state organ fails to formulate the regulation within the prescribed time limit, it shall give an explanation to the Standing Committee of the National People’s Congress.

Article 67 The relevant special committees of the National People’s Congress and the relevant working body of the Standing Committee may organize post-legislation evaluations of relevant laws or relevant provisions of laws. The evaluations shall later be reported to the Standing Committee.

Article 68 The relevant provisions of this Law apply to the making of decisions on legal issues by the National People’s Congress and its Standing Committee.

Article 69 The relevant working body of the Standing Committee of the National People’s Congress may respond to legal inquiries regarding specific questions and shall report thereon to the Standing Committee for the record.

Article 70 The relevant working body of the Standing Committee of the National People’s Congress shall establish local legislative outreach offices according to actual needs to listen to the opinions of the grassroots and relevant parties on draft laws and legislation.

Article 71 The relevant working body of the Standing Committee of the National People’s Congress shall strengthen the dissemination of the knowledge of laws by releasing information on legislation, providing relevant briefings, or responding to concerns in various ways.

Chapter III

Administrative Regulations

Article 72 The State Council shall formulate administrative regulations in accordance with the Constitution and laws.

Administrative regulations may govern the following matters:

(1) matters entailing the formulation of administrative regulations in order to implement certain provisions of laws; and

(2) matters provided by Article 89 of the Constitution that fall within the scope of the administrative functions and powers of the State Council.

Where, as authorized by the National People’s Congress or its Standing Committee, the State Council has first formulated an administrative regulation on matters which fall within the legislative power of the National People’s Congress and its Standing Committee, and after the administrative regulation has been tested by practice, and the conditions for formulating a law have become ripe, the State Council shall request the National People’s Congress and its Standing Committee to formulate the law in a timely manner.

Article 73 The legislative affairs department under the State Council shall draft the annual legislative plan of the State Council in accordance with the overall work plan of the state and submit the plan to the State Council for review and approval. The legislative projects in the annual legislative plan of the State Council shall be coordinated with the five-year legislative plan and the annual and special legislative plans of the Standing Committee of the National People’s Congress. The legislative affairs department under the State Council shall inquire about the implementation of the legislative plan by the various State Council departments in a timely manner, and strengthen organization, coordination, supervision, and guidance in this regard.

Where a relevant department under the State Council deems it necessary to formulate an administrative regulation, it shall apply to the State Council for the registration of a legislative project therefor.

Article 74 The relevant departments under the State Council and the legislative affairs department under the State Council shall be specifically responsible for drafting administrative regulations. The legislative affairs department under the State Council shall organize the drafting of important laws and administrative regulations on public administration. In drafting administrative regulations, opinions shall be extensively solicited from the relevant organs, organizations, deputies to the people’s congresses and the general public. Opinions may be heard by means such as forums, argumentation meetings, and hearings.

Draft administrative regulations shall be made public to solicit opinions, unless otherwise decided by the State Council.

Article 75 Where the drafting of an administrative regulation is completed, the drafting body shall submit the draft, its explanation, dissenting views from various parties on main issues in the draft and other relevant materials to the legislative affairs department under the State Council for review.

The legislative affairs department under the State Council shall submit a review report and a revised draft to the State Council and, in its review report, explain the main issues of the draft.

Article 76 The adoption 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 77 An administrative regulation shall be promulgated by an Order of the State Council signed by the Premier of the State Council.

An administrative regulation on national defense development may be promulgated by an Order of the State Council and the Central Military Commission cosigned by the Premier of the State Council and the Chairperson of the Central Military Commission.

Article 78 An administrative regulation, after being signed and promulgated, shall be published in a timely manner in the Gazette of the State Council of the People’s Republic of China, on the website of Chinese government legislative information, and in newspapers with a nationwide circulation.

The text of an administrative regulation published in the Gazette of the State Council of the People’s Republic of China shall be the standard text.

Article 79 The State Council may, in light of the needs of reform and development, decide to temporarily adjust or suspend, within a prescribed time limit and scope, the application of part of the provisions of certain administrative regulations, on relevant matters of public administration or other specific matters.

Chapter IV

Local Regulations, Autonomous Regulations,

Separate Regulations, and Rules

Section 1

Local Regulations, Autonomous Regulations, and Separate Regulations

Article 80 The people’s congresses and their standing committees of the provinces, autonomous regions, and municipalities directly under the Central Government may, based on the specific conditions and actual needs of their respective administrative regions, formulate local regulations, provided that such regulations do not contravene the Constitution, laws or administrative regulations.

Article 81 The people’s congresses and their standing committees of the cities divided into districts may, based on their specific local conditions and actual needs, formulate local regulations on matters such as urban-rural development and management, promotion of ecological conservation, historic and cultural preservation, and community-level governance provided that they do not contravene the Constitution, laws, administrative regulations, or the local regulations of their respective provinces or autonomous regions. Where a law otherwise provides for a matter for which cities divided into districts may formulate local regulations, the provisions of the said law shall prevail. Before coming into effect, local regulations made by the cities divided into districts shall be submitted to and approved by the standing committees of the people’s congresses of their corresponding provinces or autonomous regions. The standing committees of the people’s congresses of the provinces or autonomous regions shall review the legality of the local regulations submitted for approval, and shall approve them within four months if these regulations are found in no contravention of the Constitution, laws, administrative regulations, or the local regulations of their respective provinces or autonomous regions.

Where, in reviewing a local regulation that a city divided into districts submits for approval, the standing committee of the people’s congress of the relevant province or autonomous region finds that the local regulation contravenes a local government rule of the province or autonomous region, the standing committee shall make a decision on how to deal with the contravention.

Except for the cities where the people’s governments of provinces or autonomous regions or special economic zones are located, and the other large cities which are approved by the State Council, the specific procedures and timing for other cities divided into districts to start formulating local regulations shall be determined by the standing committees of people’s congresses of the relevant provinces or autonomous regions based on factors such as the population, land area, social and economic development, legislative needs, and legislative capacity of the cities divided into districts, and shall be reported to the Standing Committee of the National People’s Congress and the State Council for the record.

The people’s congresses and their standing committees of autonomous prefectures may exercise the power and function of cities divided into districts to formulate local regulations in accordance with the provisions of the first paragraph of this Article. The specific procedures and timing for autonomous prefectures to start formulating local regulations shall be determined in accordance with the provisions of the preceding paragraph.

The existing local regulations of cities where people’s governments of provinces or autonomous regions or special economic zones are located, and those of large cities as already approved by the State Council, shall remain effective even if they involve matters beyond the scope provided for in the first paragraph of this Article.

Article 82 Local regulations may govern the following matters:

(1) matters entailing the formulation of specific regulations in light of the actual conditions of the administrative region concerned for implementing laws and administrative regulations; and

(2) local matters entailing the formulation of local regulations.

Except for the matters provided for in Article 11 of this Law, provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures may, in light of the specific local conditions and actual needs, first formulate local regulations on other matters on which the state has yet to formulate laws or administrative regulations. After the laws or administrative regulations on such other matters formulated by the state come into effect, the provisions of local regulations which contravene these laws or administrative regulations shall be null or void, and the enacting organ of the local regulations in question shall revise or repeal the provisions in a timely manner.

Local regulations formulated by cities divided into districts and autonomous prefectures in accordance with the first or second paragraph of this Article shall only be limited to matters prescribed in the first paragraph of Article 81 of this Law.

Local regulations shall not, in principle, have duplicate provisions on matters for which superior laws already have provisions.

Article 83 The people’s congresses of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts and autonomous prefectures and their standing committees may, in accordance with the needs of coordinated regional development, coordinate the formulation of local regulations and implement them in their respective administrative regions or relevant regions.

Provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts and autonomous prefectures may establish mechanisms for coordinated regional legislation.

Article 84 The people’s congresses of the provinces and cities where special economic zones are located and their standing committees may formulate regulations and implement them within the special economic zones in accordance with the authorization decision of the National People’s Congress.

The Shanghai Municipal People’s Congress and its standing committee may formulate regulations for the Pudong New Area in accordance with the authorization decision of the Standing Committee of the National People’s Congress and implement them in the Pudong New Area.

The Hainan Provincial People’s Congress and its standing committee may formulate regulations for the Hainan Free Trade Port in accordance with the provisions of laws and implement them in the Hainan Free Trade Port.

Article 85 The people’s congresses of ethnic 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 ethnic group(s). The autonomous regulations and separate regulations of autonomous regions shall take effect after being submitted to and approved by the Standing Committee of the National People’s Congress. The autonomous regulations and separate regulations of autonomous prefectures or counties shall take effect after being submitted to and approved by the standing committees of the people’s congresses of the relevant provinces, autonomous regions or municipalities directly under the Central Government.

Autonomous regulations and separate regulations may provide differently from the laws and administrative regulations to adapt to the characteristics of local ethnic group(s), on the premise that these adaptations do not deviate from the basic principles of laws or administrative regulations, or contravene the provisions of the Constitution or the Law on Regional Ethnic Autonomy, or the provisions of other relevant laws or administrative regulations that are specifically made for ethnic autonomous areas.

Article 86 Local regulations governing especially important matters of an administrative region shall be adopted by its people’s congress.

Article 87 The procedures for submitting, deliberating, and voting on bills of local regulations, autonomous regulations or separate regulations shall be prescribed by the people’s congresses at the same level respectively in accordance with the Organic Law of Local People’s Congresses and Local People’s Governments of the People’s Republic of China and with reference to the provisions of Sections 2, 3, and 5 of Chapter II of this Law.

The body responsible for unified deliberation of a draft local regulation shall prepare a report on the results of its deliberation and the revised version of the draft local regulation.

Article 88 A local regulation formulated by the people’s congress of a province, an autonomous region, or a municipality directly under the Central Government shall be promulgated by the presidium of the people’s congress in an announcement.

A local regulation formulated by the standing committee of the people’s congress of a province, an autonomous region, or a municipality directly under the Central Government shall be promulgated by the standing committee in an announcement.

A local regulation formulated by the people’s congress or its standing committee of a city divided into districts or an autonomous prefecture shall, upon approval, be promulgated by the standing committee of the people’s congress of the city or autonomous prefecture in an announcement.

An autonomous regulation or a separate regulation 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 89 After a local regulation, or an autonomous regulation or a separate regulation of an autonomous region is promulgated, the text of the regulation, the explanation of the draft local regulation, and the report on the results of deliberation shall be published in a timely manner in the gazette of the standing committee of the local people’s congress at the same level, on the official website of the National People’s Congress, on the website of local people’s congress at the same level, and in the newspapers circulated within the administrative region.

The text of a local regulation, an autonomous regulation, or a separate regulation published in the gazette of the standing committee of the local people’s congress shall be the standard text.

 Article 90 The standing committees of the people’s congresses of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures shall establish local legislative outreach offices according to actual needs to heed the opinions of the grassroots and relevant parties on draft local regulations, autonomous regulations, and separate regulations.

Section 2

Rules

Article 91 The ministries and commissions under the State Council, the People’s Bank of China, the National Audit Office, authorities directly under the State Council with administrative management functions, as well as the bodies prescribed by law, may formulate rules within the scope of their respective authorities in accordance with laws and the State Council’s administrative regulations, decisions, and orders.

Matters governed by departmental rules shall concern the implementation of laws or the State Council’s administrative regulations, decisions, or orders. Departmental rules shall not, when lacking grounds as provided by a law or by an administrative regulation, decision or order of the State Council, prescribe norms that reduce or impair the rights of citizens, legal persons or other organizations or increase their obligations, and shall not increase the issuing department’s powers or reduce its statutory duties.

Article 92 With regard to a matter that falls within the scope of authorities of two or more departments of the State Council, the State Council shall be requested to formulate an administrative regulation, or the departments concerned under the State Council shall jointly formulate a rule.

Article 93 The people’s governments of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures may formulate rules according to laws, administrative regulations, as well as the local regulations of the provinces, autonomous regions, or municipalities directly under the Central Government.

Local governments may formulate rules that govern the following matters:

(1) matters entailing the formulation of rules to implement the provisions of laws, administrative regulations, or local regulations; and

(2) specific administrative matters pertaining to their own administrative regions.

Local government rules formulated by the people’s governments of cities divided into districts or autonomous prefectures in accordance with the first and second paragraphs of this Article shall be limited to matters such as urban and rural development and management, ecological conservation, historic and cultural preservation, as well as community-level governance. Local government rules that have already been formulated shall remain effective even if they involve matters beyond the scope of the aforementioned matters.

Except for the cities where the people’s governments of provinces or autonomous regions, or special economic zones are located, and the large cities as already approved by the State Council, the time for the people’s government of any other city divided into districts or autonomous prefecture to start formulating rules is the same as the time for the city or autonomous prefecture to start formulating local regulations as determined by the standing committee of the people’s congress of the relevant province or autonomous region.

Where a local regulation needs to be formulated due to the imperative need of government administration but the conditions therefor are not yet ripe, a local government rule may be formulated first. Where it is necessary to continue to implement the administrative measures provided for in the government rule two years after it goes into effect, the matter shall be submitted to the people’s congress at the same level or its standing committee to formulate a local regulation instead.

Local government rules shall not, when lacking grounds as provided by a law, an administrative regulation, or a local regulation, prescribe norms that reduce or impair the rights of citizens, legal persons or other organizations, or increase their obligations.

Article 94 The procedures for formulating departmental rules and local government rules shall be prescribed by the State Council with reference to the provisions of Chapter III of this Law.

Article 95 Departmental rules shall be subject to decision by the ministerial meetings or commission meetings.

Local government rules shall be subject to decision by government executive meetings or plenary meetings.

Article 96 A departmental rule shall be promulgated by an order signed by the head of the department.

A local government rule shall be promulgated by an order signed by the governor of the province, the chairperson of the autonomous region, the mayor, or the prefect of the autonomous prefecture.

Article 97 After being signed and promulgated, a departmental rule shall be published in a timely manner in the Gazette of the State Council of the People’s Republic of China, in the departmental gazette, on the website of Chinese government legislative information and in newspapers with a nationwide circulation.

After being signed and promulgated, a local government rule shall be published in a timely manner in the gazette of the same people’s government, on the website of Chinese government legislative information, and in newspapers circulated within the same administrative region.

The text of a rule published in the Gazette of the State Council of the People’s Republic of China, or the gazette of the department or local people’s government shall be the standard text.

Chapter V

Application, Recording, and Review

Article 98 The Constitution has the highest authority. No laws, administrative regulations, local regulations, autonomous regulations, separate regulations, or rules may contravene the Constitution.

Article 99 Laws are superior to administrative regulations, local regulations, and rules.

Administrative regulations are superior to local regulations and rules.

Article 100 Local regulations are superior to local government rules at the same level or at lower levels.

Rules formulated by the people’s governments of the provinces or autonomous regions are superior to rules formulated by the people’s governments of cities divided into districts and autonomous prefectures within the administrative regions of the provinces or autonomous regions.

Article 101 Where adaptations of relevant laws, administrative regulations and local regulations are made in autonomous regulations or separate regulations in accordance with the law, those provisions in the autonomous regulations or separate regulations shall prevail in the autonomous areas concerned.

Where adaptations of relevant laws, administrative regulations, or local regulations are made in special economic zone regulations on the basis of an authorization, those provisions of the special economic zone regulations shall prevail in the special economic zones concerned.

Article 102 Different departmental rules are of the same authority, as do departmental rules and local government rules, and they shall be applied within their respective scopes of authority.

Article 103 Where special provisions are inconsistent with general provisions in the laws, administrative regulations, local regulations, autonomous regulations, separate regulations, or rules formulated by the same authority, the special provisions shall prevail. Where new provisions are inconsistent with old provisions, the new provisions shall prevail.

Article 104 Laws, administrative regulations, local regulations, autonomous regulations, separate regulations, and rules shall not be retroactive, except for special provisions formulated to better protect the rights and interests of citizens, legal persons, and other organizations.

Article 105 Where the new general provisions governing a matter in one law are inconsistent with the old special provisions in another law and it cannot be determined which ones should apply, the Standing Committee of the National People’s Congress shall decide.

Where the new general provisions governing a matter in one administrative regulation are inconsistent with the old special provisions in another administrative regulation and it cannot be determined which ones should apply, the State Council shall decide.

Article 106 Where there is an inconsistency between a local regulation and a rule, the relevant authority shall decide in accordance with the following allocation of authority:

(1) where there is any inconsistency between the new general provisions and the old special provisions enacted by the same organ, the enacting organ shall decide;

(2) where there is any inconsistency between the provisions of a local regulation and those of a departmental rule governing the same matter and the applicable provisions cannot be determined, the State Council shall give an instruction. Where the State Council finds it suitable to apply the local regulation, it shall decide to apply the provisions of the local regulation in the locality concerned. Where the State Council finds it suitable to apply the departmental rule, it shall submit the matter to the Standing Committee of the National People’s Congress to decide; and

(3) where there is any inconsistency in the provisions in different departmental rules or between the provisions of a departmental rule and a local government rule governing the same matter, the State Council shall decide on the applicable provisions.

Where there is any inconsistency between the provisions of a regulation formulated based on an authorization and the provisions of a law, and the applicable provisions cannot be determined, the Standing Committee of the National People’s Congress shall decide.

Article 107 Under any of the following circumstances, a law, an administrative regulation, a local regulation, an autonomous regulation, a separate regulation, or a rule shall be modified or annulled by the relevant authority in accordance with the scope of authority prescribed for in Article 108 of this Law:

(1) where the law, administrative regulation, local regulation, autonomous regulation, separate regulation, or rule contains provisions beyond its limits of authority;

(2) where its provisions contravene the provisions of a superior law;

(3) where different rules provide inconsistently on the same matter, and it is decided that the provisions of one of the rules shall be modified or annulled;

(4) where the provisions of a rule are found inappropriate and need to be modified or annulled; or

(5) where they violate statutory procedures.

Article 108 The allocation of authority to modify or annul laws, administrative regulations, local regulations, autonomous regulations, separate regulations or rules is as follows:

(1) that the National People’s Congress has the authority to modify or annul any inappropriate law formulated by its Standing Committee, and to annul any autonomous regulation or separate regulation approved by its Standing Committee that contravenes the Constitution or the provisions of the second paragraph of Article 85 of this Law;

(2) that the Standing Committee of the National People’s Congress has the authority to annul any administrative regulation that contravenes the Constitution or laws, to annul any local regulation that contravenes the Constitution, laws or administrative regulations, and to annul any autonomous regulation or separate regulation approved by the standing committees of the people’s congresses of the relevant provinces, autonomous regions or municipalities directly under the Central Government that contravenes the Constitution or the provisions of the second paragraph of Article 85 of this Law;

(3) that the State Council has the authority to modify or annul any inappropriate departmental rule and local government rule;

(4) that the people’s congress of a province, an autonomous region or a municipality directly under the Central Government has the authority to modify or annul any inappropriate local regulation formulated or approved by its standing committee;

(5) that the standing committee of a local people’s congress has the authority to annul any inappropriate rule formulated by the people’s government at the same level;

(6) that the people’s government of a province or an autonomous region has the authority to modify or annul any inappropriate rule formulated by people’s governments at the next lower level; and

(7) that the authorizing authorities have the authority to annul any regulation formulated by an authorized authority that exceeds the scope of authorization or is inconsistent with the purpose of the authorization, and when necessary, may withdraw the authorization.

Article 109 Administrative regulations, local regulations, autonomous regulations, separate regulations, and rules shall be reported to the authorities concerned for the record within 30 days of promulgation in accordance with the following provisions:

(1) that administrative regulations shall be reported to the Standing Committee of the National People’s Congress for the record;

(2) that local regulations formulated by the people’s congresses of provinces, autonomous regions, and municipalities directly under the Central Government or their standing committees shall be reported to the Standing Committee of the National People’s Congress and the State Council for the record; and that local regulations formulated by the people’s congresses of cities divided into districts and autonomous prefectures or their standing committees 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) that autonomous regulations and separate regulations formulated by autonomous prefectures and autonomous counties shall be reported by the standing committees of the 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. In reporting autonomous regulations and separate regulations for the record, any adaptation therein of the provisions of a law, an administrative regulation or a local regulation shall be explained;

(4) that departmental rules and local government rules shall be reported to the State Council for the record; and that local government rules shall concurrently be reported to the standing committee of the people’s congress at the same level for the record. Rules formulated by the people’s government of a city divided into districts or an autonomous prefecture shall be concurrently 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; 

(5) that regulations formulated in accordance with an authorization shall be reported to the authorities provided for in the authorization decision for the record; and that as regulations for special economic zones, the Pudong New Area, and the Hainan Free Trade Port are reported for the record, any adaptation therein shall be explained.

Article 110 Where the State Council, Central Military Commission, National Commission of Supervision, Supreme People’s Court, Supreme People’s Procuratorate, or the standing committee of the people’s congress of a province, an autonomous region, or a municipality directly under the Central Government finds that an administrative regulation, a local regulation, an autonomous regulation or a separate regulation contravenes the Constitution or a law, or has constitutionality or legality issues, it may submit to the Standing Committee of the National People’s Congress a written request for review, and the relevant special committee of the National People’s Congress and the relevant working body of the Standing Committee shall conduct review and provide opinion.

Where a state organ other than those provided for in the preceding paragraph, a society, an enterprise or a public institution, or a citizen finds that an administrative regulation, a local regulation, an autonomous regulation, or a separate regulation contravenes the Constitution or a law, it or he may submit to the Standing Committee of the National People’s Congress a written recommendation for review, and the relevant working body of the Standing Committee shall conduct review. Where necessary, the regulation in question shall be forwarded to the relevant special committee for review and opinion.

Article 111 Special committees of the National People’s Congress and the relevant working body of the Standing Committee may proactively review the administrative regulations, local regulations, autonomous regulations and separate regulations that are reported to them for the record, and may conduct targeted reviews as needed.

The State Council’s working body for recording and reviewing may proactively review the local regulations, autonomous regulations, separate regulations, departmental rules, and the governmental rules formulated by the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government that are reported to them for the record, and may conduct targeted review as needed.

Article 112 Where a special committee of the National People’s Congress or the relevant working body of the Standing Committee finds in review that an administrative regulation, a local regulation, an autonomous regulation, or a separate regulation contravenes the Constitution or a law, or has constitutionality or legality issues, it may issue a written review opinion to the enacting organ or, before issuing such a written review opinion, the Constitution and Law Committee, other relevant special committees, and the relevant working body of the Standing Committee may hold a joint review meeting and request the enacting organ to attend the meeting to give explanations. The enacting organ shall, within two months, submit an opinion on whether or not to revise or repeal the regulation and provide feedback on the matter to the Constitution and Law Committee, other relevant special committees of the National People’s Congress, or the working body of the Standing Committee.

The review terminates after the Constitution and Law Committee or other relevant special committees of the National People’s Congress, or the relevant working body of the Standing Committee issues a review opinion to the enacting organ in accordance with the provisions of the preceding paragraph and the enacting organ revises or repeals the regulation in question in accordance with the aforementioned opinion.

Where the Constitution and Law Committee or another relevant special committee of the National People’s Congress, or the relevant working body of the Standing Committee finds, in review, that an administrative regulation, a local regulation, an autonomous regulation, or a separate regulation contravenes the Constitution or a law, or has constitutionality or legality issues and needs to be revised or repealed, but the enacting organ refuses to revise or repeal the regulation in question, the Constitution and Law Committee or another relevant special committee of the National People’s Congress, or the relevant working body of the Standing Committee shall submit a proposal or suggestion to annul it to the Council of Chairpersons which then shall decide, based on the submitted proposal or suggestion, to forward the matter to a Standing Committee meeting for deliberation and decision.

Article 113 The relevant special committees of the National People’s Congress and the relevant working body of the Standing Committee shall, in accordance with the requirements of applicable regulations, provide feedback on their review to the state organs, societies, enterprises, public institutions, and citizens that have made recommendations for review, and may disclose the feedback to the public.

Article 114 The procedures whereby other recording authorities review the local regulations, autonomous regulations, separate regulations, and rules reported to them for the record shall be prescribed by the recording authorities under the principle of preserving uniformity in the legal system.

Article 115 Recording and reviewing authorities shall establish sound coordination mechanisms for recording and reviewing and refer the requests for or suggestions on the review, which shall be handled by other authorities, to the relevant authorities.

Article 116 Enacting organs of laws, administrative regulations, local regulations, autonomous regulations and separate regulations, rules, and other normative documents shall overhaul the foregoing laws, regulations, rules and documents under the principle of preserving the uniformity of the legal system and based on the needs of reform and development.

Chapter VI

Supplementary Provisions

Article 117 The Central Military Commission shall formulate military regulations in accordance with the Constitution and laws.

The theater commands and services and arms of the Chinese People’s Liberation Army as well as the Chinese People’s Armed Police Force may formulate military rules within their respective scopes of authority in accordance with laws and the Central Military Commission’s military regulations, decisions, and orders.

Military regulations and military rules shall be implemented within the armed forces.

The Central Military Commission shall prescribe the measures for formulating, revising, and repealing military regulations and military rules in accordance with the principles prescribed by this Law.

Article 118 The National Commission of Supervision shall formulate supervision regulations in accordance with the Constitution, laws, and the relevant decisions of the Standing Committee of the National People’s Congress, and shall report them to the Standing Committee of the National People’s Congress for the record.

Article 119 Interpretations on the specific application of laws in adjudicatory or procuratorial work that are issued by the Supreme People’s Court or the Supreme People’s Procuratorate shall primarily target specific provisions of laws and be consistent with their legislative purposes, principles, and meaning. In the case of situations provided for in the second paragraph of Article 48 of this Law, a request for legislative interpretation or a proposal to formulate or revise the relevant laws shall be submitted to the Standing Committee of the National People’s Congress.

Interpretations on the specific application of laws in adjudicatory or procuratorial work that are issued by the Supreme People’s Court or the Supreme People’s Procuratorate shall be reported to the Standing Committee of the National People’s Congress for the record within 30 days of promulgation.

No adjudicatory or procuratorial authority other than the Supreme People’s Court and the Supreme People’s Procuratorate may issue interpretations on the specific application of laws.

Article 120 This Law shall go into effect as of July 1, 2000.