(Adopted at the third Session of the Ninth National People’s Congress on March 15, 2000 and promulgated by Order
No. 31 of the President of the People’s Republic of China 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 post_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
