Table of Contents

Chapter I General Provisions

Chapter II Administrative Compensation

Section 1 Scope of Compensation

Section 2 Claimants and Obligated Organs of Compensation

Section 3 Compensation Procedures

Chapter III Criminal Compensation

Section 1 Scope of Compensation

Section 2 Claimants and Obligated Organs of Compensation

Section 3 Compensation Procedures

Chapter IV Methods of Compensation and Calculation Standards

Chapter V Other Provisions

Chapter VI Supplementary Provisions

Regulations on the Filing and Review of Regulations and Rules

Article 1

These Regulations are formulated in accordance with the relevant provisions of the Legislative Law of the People's Republic of China for the purposes of regulating the work of filing and review of regulations and rules, improving the capacity and quality of filing and review, strengthening supervision over regulations and rules, and safeguarding the unity of the socialist legal system.

Article 2

For the purposes of these Regulations, regulations mean local regulations enacted by the people's congresses and their standing committees of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures in accordance with statutory authority and procedures; special economic zone regulations enacted by the people's congresses and their standing committees of provinces and cities where special economic zones are located in accordance with statutory authority and procedures; Pudong New Area regulations enacted by the Shanghai Municipal People's Congress and its Standing Committee in accordance with statutory authority and procedures; Hainan Free Trade Port regulations enacted by the Hainan Provincial People's Congress and its Standing Committee in accordance with statutory authority and procedures; and autonomous regulations and separate regulations enacted by the people's congresses of autonomous prefectures and autonomous counties in accordance with statutory authority and procedures.

For the purposes of these Regulations, rules include departmental rules and local government rules. Departmental rules mean rules formulated by ministries, commissions, the People's Bank of China, the National Audit Office, directly affiliated institutions with administrative management functions under the State Council, and institutions prescribed by law (collectively referred to as State Council departments) within their respective functions and powers in accordance with the Regulations on the Procedures for Formulating Rules, based on laws and administrative regulations, decisions and orders of the State Council. Local government rules mean rules formulated by the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures in accordance with the Regulations on the Procedures for Formulating Rules, based on laws, administrative regulations, and local regulations of the respective provinces, autonomous regions, and municipalities directly under the Central Government.

Article 3

The work of filing and review of regulations and rules shall adhere to the leadership of the Communist Party of China, put the people at the center, and uphold the principles of filing all that should be filed, reviewing all that has been filed, and correcting all that is erroneous, and shall be conducted in accordance with statutory authority and procedures.

Article 4

Regulations and rules shall be submitted for filing in accordance with the following provisions within 30 days from the date of promulgation:

1. Local regulations, and autonomous regulations and separate regulations of autonomous prefectures and autonomous counties shall be filed with the State Council by the standing committees of the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government;

2. Departmental rules shall be filed with the State Council by the relevant State Council departments; rules jointly formulated by two or more State Council departments shall be filed with the State Council by the leading department;

3. Rules of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall be filed with the State Council by the respective people's governments;

4. Rules of the people's governments of cities divided into districts and autonomous prefectures shall be filed with the State Council by the respective people's governments, and simultaneously filed with the people's governments of the relevant provinces or autonomous regions;

5. Special economic zone regulations shall be filed with the State Council by the standing committees of the people's congresses of the provinces and cities where special economic zones are located; Pudong New Area regulations shall be filed with the State Council by the Standing Committee of the Shanghai Municipal People's Congress; Hainan Free Trade Port regulations shall be filed with the State Council by the Standing Committee of the Hainan Provincial People's Congress.

Article 5

State Council departments, and the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures shall perform their duties of filing rules in accordance with the law, and strengthen organizational leadership over the filing of rules.

The legislative affairs institutions of State Council departments, and the legislative affairs institutions of the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures shall be specifically responsible for the filing of rules of their respective departments and localities.

Article 6

The filing and review institution of the State Council shall, in accordance with these Regulations, be responsible for the filing of regulations and rules with the State Council, perform the duties of supervision over filing and review, improve the working systems for filing and review, and submit an annual report on the work of filing and review of regulations and rules of the previous year to the State Council.

Article 7

The filing and review institution of the State Council shall strengthen ties with the filing and review institutions of other organs through the coordination and linkage mechanism for filing and review, and enhance cooperation and coordination in dual filing linkage, transfer and disposal, solicitation of opinions, consultation and coordination, information sharing, and capacity building.

Article 8

Regulations and rules submitted for filing with the State Council in accordance with these Regulations shall be directly submitted to the filing and review institution of the State Council.

The filing of regulations shall be conducted in accordance with the relevant provisions of the Standing Committee of the National People's Congress on the filing of regulations.

The filing of rules shall be accompanied by a filing report, the text and explanation of the rules, bound in the prescribed format in triplicate.

When submitting regulations and rules for filing, electronic versions thereof shall also be submitted simultaneously.

Article 9

Where the submission of regulations or rules for filing complies with the provisions of Article 2 and Paragraphs 2, 3 and 4 of Article 8 of these Regulations, the filing and review institution of the State Council shall complete the filing registration; where it does not comply with the provisions of Article 2, the filing registration shall not be conducted; where it complies with the provisions of Article 2 but not with Paragraphs 2, 3 and 4 of Article 8, the filing registration shall be suspended.

If the filing registration is suspended, the filing and review institution of the State Council shall notify the formulation organ to supplement or re-submit the filing materials; the formulation organ shall supplement or re-submit the filing materials in accordance with the requirements within 15 days from the date of receipt of the notice; if the supplemented or re-submitted filing materials comply with the provisions, the filing registration shall be completed.

Article 10

A monthly catalogue of the regulations and rules for which filing registration has been completed shall be published by the filing and review institution of the State Council.

The scope of compiling and publishing collections of regulations and rules shall be based on the published catalogue of regulations and rules.

Article 11

The filing and review institution of the State Council shall conduct active review of the regulations and rules submitted for filing, and may conduct special review as needed. Active review shall generally be completed within 2 months from the initiation of the review procedure; if the circumstances are complicated and difficult, the review period may be appropriately extended to ensure review quality.

Where the filing and review institution of the State Council finds that the regulations and rules involve common issues falling within the scope of duties of the filing and review institutions of other organs, it may conduct joint research or joint review with such institutions, and jointly study and put forward review opinions and suggestions.

Article 12

State organs, social organizations, enterprises and institutions, and citizens who believe that a local regulation conflicts with an administrative regulation, or that a rule or other generally binding administrative decision or order issued by a State Council department or the people's government of a province, autonomous region, municipality directly under the Central Government, city divided into districts, or autonomous prefecture conflicts with a law or administrative regulation, may submit a written review proposal to the State Council. The filing and review institution of the State Council shall study the proposal, put forward a disposal opinion, and handle the matter in accordance with the prescribed procedures.

Article 13

In reviewing the regulations and rules submitted for filing with the State Council, the filing and review institution of the State Council shall examine the following matters:

1. Compliance with the major policy decisions and arrangements of the Party Central Committee and the State Council, and the national major reform direction;

2. Whether the authority is exceeded;

3. Whether a lower-level norm violates the provisions of a higher-level norm;

4. Where local regulations and departmental rules, or different rules, contain inconsistent provisions on the same matter, whether the provisions of one or both parties should be altered or revoked;

5. Whether the provisions of the rules are appropriate, and whether the measures stipulated are consistent with the legislative purpose and actual circumstances;

6. Whether the statutory procedures are violated.

Article 14

When reviewing regulations and rules, if the filing and review institution of the State Council deems it necessary to solicit opinions from the relevant State Council departments or local people's governments, the relevant organs shall reply within the prescribed time limit; if it deems it necessary for the formulation organ of the regulations or rules to explain the relevant circumstances, the relevant formulation organ shall provide such explanation within the prescribed time limit.

Article 15

When reviewing regulations and rules, the filing and review institution of the State Council may solicit opinions from state organs, social organizations, enterprises and institutions, experts and scholars, and stakeholders through forums, demonstrations, hearings, entrusted research, on-site investigations and other means, and give full play to the role of the expert committee for filing and review.

Article 16

Upon review, if a local regulation is found to conflict with an administrative regulation, the filing and review institution of the State Council shall refer the matter to the working institution of the Standing Committee of the National People's Congress for study and disposal; if necessary, the State Council shall submit the matter to the Standing Committee of the National People's Congress for disposal.

Article 17

Where local regulations and departmental rules contain inconsistent provisions on the same matter, the filing and review institution of the State Council shall put forward a disposal opinion and submit it to the State Council for disposal in accordance with the relevant provisions of the Legislative Law of the People's Republic of China.

Article 18

Upon review, if a rule is found to require correction, the filing and review institution of the State Council may, through communication with the formulation organ or submission of a written review opinion, suggest that the formulation organ amend or abolish the rule in a timely manner; alternatively, the filing and review institution of the State Council may put forward a disposal opinion and submit it to the State Council for decision, and notify the formulation organ accordingly.

Article 19

Where departmental rules, or departmental rules and local government rules, contain inconsistent provisions on the same matter, the filing and review institution of the State Council shall conduct coordination; if no consensus can be reached through coordination, the filing and review institution of the State Council shall put forward a disposal opinion and submit it to the State Council for decision, and notify the formulation organ accordingly.

Article 20

For invalid rules as prescribed in the Regulations on the Procedures for Formulating Rules, the filing and review institution of the State Council shall not complete the filing, and notify the formulation organ accordingly.

If a rule has technical defects in formulation, the filing and review institution of the State Council may put forward a disposal opinion to the formulation organ, which shall handle the matter on its own.

Article 21

The formulation organ of a rule shall, within 30 days from the date of receipt of the notice prescribed in Articles 18, 19 and 20 of these Regulations, report the disposal status to the filing and review institution of the State Council.

Article 22

The formulation organs of regulations and rules shall, before January 31 of each year, submit a catalogue of the regulations and rules formulated in the previous year to the filing and review institution of the State Council.

Article 23

Where an organ fails to submit rules for filing or fails to do so within the time limit, the filing and review institution of the State Council shall notify the formulation organ to submit the filing materials within a time limit; if the organ still fails to submit the materials upon the expiration of the time limit, a circular of criticism shall be issued, and the organ shall be ordered to make corrections within a time limit.

Article 24

The filing and review institution of the State Council shall strengthen contact and guidance with the legislative affairs institutions of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government on the work of filing and review of rules, and promote the improvement of the capacity and quality of such work by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government through training, case guidance and other means.

Article 25

The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the law, strengthen supervision over the rules and other generally binding administrative decisions and orders issued by lower-level administrative organs, establish a corresponding filing and review system in accordance with the relevant provisions of these Regulations, safeguard the unity of the socialist legal system, and ensure the correct implementation of laws and regulations.

Article 26

These Regulations shall come into force on November 1, 2024. The Regulations on the Filing of Regulations and Rules issued by the State Council on December 14, 2001 shall be abolished simultaneously.