Legislation Law of the People’s Republic of China — Full English Translation (2000, Amended 2023)

Chapter I: General Provisions

Article 1 This Law is enacted in accordance with the Constitution for the purposes of standardizing legislative activities, improving the legislative system of the State, enhancing the quality of legislation, perfecting the socialist legal system with Chinese characteristics, enabling legislation to play its leading and driving role, safeguarding and developing socialist democracy, and comprehensively advancing the rule of law and the construction of a socialist country governed by the rule of law.

Article 2 This Law shall apply to the enactment, amendment, and repeal of laws, administrative regulations, local regulations, autonomous regulations, special regulations, and rules. The formulation, amendment, and repeal of rules of the State Council departments and rules of local governments shall be governed by the relevant provisions of this Law.

Article 3 Legislation shall adhere to the leadership of the Communist Party of China, uphold the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of Three Represents, the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and promote the construction of a socialist country governed by the rule of law with Chinese characteristics.

Article 4 Legislation shall be in accordance with the statutory purview and procedures, be based on the overall interests of the State, and safeguard the unity and dignity of the socialist legal system.

Article 5 Legislation shall reflect the will of the people, promote socialist democracy, adhere to openness in legislation, and safeguard the participation of the people in legislative activities through multiple channels.

Article 6 Legislation shall proceed from reality, meet the requirements of economic and social development and comprehensive deepening of reform, and scientifically and reasonably stipulate the rights and obligations of citizens, legal persons, and other organizations, as well as the powers and responsibilities of State organs. Legal norms shall be clear, specific, targeted, and enforceable.

Chapter II: Legislation by the National People’s Congress

Article 7 The National People’s Congress and its Standing Committee shall exercise the legislative power of the State. The National People’s Congress shall enact and amend basic laws governing criminal offenses, civil affairs, State organs, and other matters.

Article 8 The following matters may only be governed by laws enacted by the National People’s Congress and its Standing Committee: (1) matters concerning State sovereignty; (2) the formation, organization, and powers of people’s congresses, people’s governments, people’s courts, and people’s procuratorates at all levels; (3) the system of regional ethnic autonomy, the system of special administrative regions, and the system of grassroots mass self-governance; (4) crimes and criminal punishments; (5) compulsory measures and penalties involving the deprivation of citizens’ political rights or the restriction of personal freedom; (6) the establishment of taxes, the determination of tax rates, tax collection and administration, and other basic tax systems; (7) expropriation and requisition of non-State-owned property; (8) the basic civil system; (9) the basic economic system and basic systems of finance, customs, finance, and foreign trade; (10) systems of litigation, arbitration, and other basic judicial systems; (11) other matters that must be governed by laws enacted by the National People’s Congress and its Standing Committee.

Article 9 Where no law has been enacted on a matter specified in Article 8 of this Law, the National People’s Congress and its Standing Committee shall have the power to make a decision to authorize the State Council to first enact administrative regulations on some of the matters as needed, except for matters concerning crimes and criminal punishments, compulsory measures and penalties involving the deprivation of citizens’ political rights or the restriction of personal freedom, the judicial system, and other matters.

Article 10 Authorization decisions shall state the purpose, subject matter, scope, and term of the authorization, as well as the principles to be followed in the exercise of the authorization by the authorized organ. The authorized organ shall exercise the power granted strictly in accordance with the purpose and scope of the authorization and shall not delegate such power to any other organ. The term of authorization shall not exceed five years, unless otherwise stipulated in the authorization decision.

Article 11 Where, after practical testing and when the conditions are ripe for the enactment of a law on a matter for which the State Council has been authorized to first enact administrative regulations, the National People’s Congress and its Standing Committee shall enact a law on such matter in a timely manner. After the law is enacted, the authorization on such matter shall be terminated accordingly.

Article 12 The person-in-charge of the organ that introduces a bill may introduce such bill to the Presidium of the National People’s Congress, the Standing Committee of the National People’s Congress, or a specialized committee of the National People’s Congress, including relevant explanations.

Article 13 A bill introduced to the National People’s Congress may be included on the agenda of the current session by decision of the Presidium, or may first be referred to a relevant specialized committee for deliberation and submission of a report, and then the Presidium shall decide whether to include it on the agenda of the current session. The Presidium shall distribute the printed version of the draft law to the delegates before the session is held.

Article 14 For a bill included on the agenda of the National People’s Congress, the sponsor shall provide explanations to the plenary session. The plenary session of the delegation shall deliberate on the bill. During the deliberation of the bill by the delegation, the sponsor shall send personnel to hear opinions and answer questions.

Article 15 For a bill included on the agenda of the National People’s Congress, the relevant specialized committee shall deliberate on the bill, provide opinions for deliberation, and print and distribute them to the session. The Law Committee shall, on the basis of the deliberation opinions of the delegations and the relevant specialized committees, conduct a unified deliberation on the bill, provide a report on the results of deliberation and a revised draft of the law to the Presidium, and provide explanations on the main differences in the deliberation report.

Article 16 The executive chairpersons of the Presidium may convene a meeting of the heads of delegations to hear and discuss the deliberation opinions of the delegations on the major issues in the bill and report the discussion and opinions to the Presidium. The executive chairpersons of the Presidium may also convene meetings of the relevant delegates elected by the delegations to discuss major specialized issues in the bill and report the discussion and opinions to the Presidium.

Article 17 The Presidium shall decide whether to submit a draft law revised on the basis of the deliberation opinions of the delegations and the relevant specialized committees to the plenary session of the National People’s Congress for a vote. The revised draft law shall be passed by a simple majority of all the delegates.

Article 18 A law passed by the National People’s Congress shall be promulgated by order of the President of the State.

Chapter III: Legislation by the NPC Standing Committee

Article 19 The Standing Committee of the National People’s Congress shall enact and amend laws other than those that shall be enacted by the National People’s Congress; and during the intersession of the National People’s Congress, supplement and partially amend laws enacted by the National People’s Congress but shall not contravene the basic principles of such laws.

Article 20 The Council of Chairpersons of the Standing Committee of the National People’s Congress may introduce bills to the Standing Committee for deliberation at its meetings. 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 introduce bills to the Standing Committee. The Council of Chairpersons shall decide whether to include a bill on the agenda of the Standing Committee meeting, or to first refer it to a relevant special committee for deliberation and a report, and then decide whether to include it on the agenda.

Article 21 For a bill included on the agenda of the Standing Committee meeting, the printed version of the draft law, the explanations on the draft, and other relevant materials shall generally be distributed to the members of the Standing Committee seven days before the meeting is held.

Article 22 For a bill included on the agenda of the Standing Committee meeting, it shall generally be deliberated at three meetings of the Standing Committee before being submitted for a vote. At the first deliberation at a Standing Committee meeting, the sponsor shall provide explanations, and the meeting shall have a preliminary deliberation conducted by the panel meetings. At the second deliberation, the Law Committee shall provide a report on the revision of the draft law and the main issues, and the meeting shall further deliberate on the matter by the panel meetings. At the third deliberation, the Law Committee shall provide a report on the results of the deliberation, and the panel meetings shall deliberate on the revised draft of the law.

Article 23 For a bill included on the agenda of the Standing Committee meeting, where all parties have largely agreed on the matter, it may be submitted for a vote after two deliberations; where the matter to be adjusted by the bill is relatively simple, or where the bill is for a partial amendment to a law where all parties have largely agreed, it may be submitted for a vote after one deliberation.

Article 24 The National People’s Congress and its Standing Committee shall adhere to the scientific and democratic legislation process, conduct hearings and argumentation through various forms such as symposiums, argumentation meetings, and hearings, and extensively hear the opinions of all relevant sectors. Draft laws may be published for public comment, and the time for public comment shall generally be no less than 30 days. The situation of soliciting opinions shall be reported to the public.

Article 25 For a bill included on the agenda of the Standing Committee meeting, the relevant specialized committee shall deliberate on the bill and provide deliberation opinions, which shall be printed and distributed to the Standing Committee meeting. After the relevant specialized committee has deliberated on the bill, the Law Committee shall, on the basis of the deliberation opinions of the members of the Standing Committee and the relevant specialized committees and the opinions solicited from all sectors, conduct a unified deliberation on the bill and provide a revision report or a report on the results of the deliberation to the Standing Committee meeting.

Article 26 Where a bill has been placed on the agenda of the Standing Committee meeting and the Council of Chairpersons deems that there are major issues in the bill that require further study, it may suggest that the Standing Committee meeting suspend the deliberation of the bill and refer it to the Law Committee and the relevant specialized committee for further deliberation. Where there are major differences on the legislative necessity, feasibility, or other major issues in the bill, the Council of Chairpersons may decide to suspend deliberation of the bill or, at its discretion, decide to terminate the deliberation after a report to the Standing Committee meeting.

Article 27 A draft law revised on the basis of the deliberation opinions of the members of the Standing Committee shall be deliberated by the Law Committee and submitted to the Council of Chairpersons. The Council of Chairpersons shall decide whether to submit the revised draft law to the Standing Committee meeting for a vote. The revised draft law shall be passed by a simple majority of all the members of the Standing Committee.

Article 28 A law passed by the Standing Committee shall be promulgated by order of the President of the State.

Chapter IV: Administrative Regulations

Article 29 The State Council shall, in accordance with the Constitution and laws, enact administrative regulations. Administrative regulations may provide for the following matters: (1) matters requiring the enactment of administrative regulations for the purpose of implementing the provisions of laws; (2) matters within the administrative functions and powers of the State Council as specified in Article 89 of the Constitution. For matters that shall be governed by laws enacted by the National People’s Congress and its Standing Committee, where the National People’s Congress and its Standing Committee have authorized the State Council to first enact administrative regulations, the State Council may first enact administrative regulations in accordance with the authorization decision.

Article 30 Administrative regulations shall be decided by the State Council and submitted to the National People’s Congress Standing Committee for recordation.

Article 31 In the process of drafting administrative regulations, the opinions of the relevant organs, organizations, deputies to people’s congresses, and the general public shall be extensively heard through symposiums, argumentation meetings, hearings, and other forms.

Article 32 The procedures for the enactment of administrative regulations shall be in accordance with the relevant provisions of the Organic Law of the State Council.

Chapter V: Local Regulations, Autonomous Regulations, and Special Regulations

Article 33 The people’s congresses and their standing committees of provinces, autonomous regions, and municipalities directly under the Central Government may, on the basis of the specific conditions and actual needs of their respective administrative areas and provided that they do not contravene the Constitution, laws, and administrative regulations, enact local regulations.

Article 34 The people’s congresses and their standing committees of cities divided into districts may, on the basis of the specific conditions and actual needs of their respective cities and provided that they do not contravene the Constitution, laws, administrative regulations, and the local regulations of their respective provinces or autonomous regions, enact local regulations on matters such as urban and rural construction and management, environmental protection, historical and cultural protection, and other matters, subject to the approval of the standing committee of the people’s congress of the province or autonomous region.

Article 35 The people’s congresses of ethnic autonomous areas shall have the power to enact autonomous regulations and special regulations in accordance with the political, economic, and cultural characteristics of the local ethnic groups. Autonomous regulations and special regulations of autonomous regions shall take effect after approval by the Standing Committee of the National People’s Congress. Autonomous regulations and special regulations of autonomous prefectures and autonomous counties shall take effect after approval by the standing committees of the people’s congresses of the provinces, autonomous regions, or municipalities directly under the Central Government.

Article 36 Local regulations may provide for the following matters: (1) matters requiring the formulation of specific provisions in light of the actual conditions of the administrative area for the purpose of implementing the provisions of laws and administrative regulations; (2) matters falling within local affairs for which local regulations need to be formulated. Except for the matters specified in Article 8 of this Law, local regulations may be enacted first by local people’s congresses and their standing committees on matters for which the State has not yet enacted laws or administrative regulations, based on the specific conditions and actual needs of the locality.

Chapter VI: Rules and Regulations

Article 37 The ministries and commissions of the State Council, the People’s Bank of China, the National Audit Office, and other organs directly under the State Council with administrative management functions may, within the scope of their respective powers and in accordance with laws and the administrative regulations, decisions, and orders of the State Council, enact rules within their own departments. Matters provided for in rules of departments shall be those for which rules need to be enacted for the purpose of implementing laws or the administrative regulations, decisions, and orders of the State Council.

Article 38 The people’s governments of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures may, in accordance with laws, administrative regulations, and the local regulations of their respective provinces, autonomous regions, or municipalities directly under the Central Government, enact rules. Local government rules may provide for the following matters: (1) matters requiring the formulation of rules for the purpose of implementing the provisions of laws, administrative regulations, or local regulations; (2) specific administrative matters within their respective administrative areas. Where no law, administrative regulation, or local regulation has been enacted, local government rules of the people’s governments of cities divided into districts and autonomous prefectures may not be enacted to restrict the rights or increase the obligations of citizens, legal persons, and other organizations, except for matters falling within the scope of urban and rural construction and management, environmental protection, and historical and cultural protection.

Article 39 Administrative regulations and rules shall be published in a timely manner in the State Council Gazette or departmental gazettes, as well as in newspapers with nation-wide circulation and on the government gazette website.

Chapter VII: Application and Recordation

Article 40 The Constitution has the highest legal force. No law, administrative regulation, local regulation, autonomous regulation, special regulation, or rule shall contravene the Constitution.

Article 41 The force of laws is higher than that of administrative regulations, local regulations, and rules. The force of administrative regulations is higher than that of local regulations and rules.

Article 42 The force of local regulations is higher than that of local government rules at the same level and lower levels. The force of rules enacted by the people’s governments of provinces and autonomous regions is higher than that of rules enacted by the people’s governments of cities divided into districts and autonomous prefectures within their respective administrative areas.

Article 43 Where there is any inconsistency between the laws, administrative regulations, local regulations, autonomous regulations, special regulations, or rules enacted by the same organ, with the special provisions prevailing over the general provisions and the new provisions prevailing over the old provisions.

Article 44 Where there is any inconsistency between the new general provisions and the old special provisions of laws, administrative regulations, local regulations, autonomous regulations, special regulations, or rules, and the applicable provisions cannot be determined, a ruling shall be made by the enacting organ.

Article 45 Where a law, administrative regulation, local regulation, autonomous regulation, special regulation, or rule is not retroactive, unless a special provision is made for the better protection of the rights and interests of citizens, legal persons, and other organizations.

Article 46 Where a local regulation or rule is inconsistent with a rule of a department on the same matter and the applicable rule cannot be determined, the State Council shall provide its opinion; where the State Council is of the opinion that the local regulation shall apply, the local regulation shall apply in that locality; where the State Council is of the opinion that the rule of the department shall apply, it shall request the Standing Committee of the National People’s Congress to make a ruling.

Article 47 Where there is any inconsistency between the rules of different departments or between the rules of a department and a local government rule on the same matter, the State Council shall make a ruling.

Article 48 Administrative regulations, local regulations, autonomous regulations, special regulations, and rules shall, within 30 days of their promulgation, be submitted for recordation to the relevant organ in accordance with the following provisions: (1) administrative regulations shall be submitted to the Standing Committee of the National People’s Congress for recordation; (2) local regulations of provinces, autonomous regions, and municipalities directly under the Central Government shall be submitted to the Standing Committee of the National People’s Congress and the State Council for recordation; local regulations of cities divided into districts and autonomous prefectures shall be submitted by the standing committees of the people’s congresses of the relevant provinces or autonomous regions to the Standing Committee of the National People’s Congress and the State Council for recordation; (3) autonomous regulations and special regulations shall be submitted 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 recordation; (4) rules of departments and rules of local governments shall be submitted to the State Council for recordation; rules of local governments shall also be submitted to the standing committees of the people’s congresses at the corresponding levels for recordation; rules of local governments of cities divided into districts and autonomous prefectures shall also be submitted to the standing committees of the people’s congresses and the people’s governments of the relevant provinces or autonomous regions for recordation.

Article 49 Where the State Council, the Central Military Commission, the Supreme People’s Court, the Supreme People’s Procuratorate, or the standing committee of the people’s congress of a province, autonomous region, or municipality directly under the Central Government deems that any administrative regulation, local regulation, autonomous regulation, or special regulation contravenes the Constitution or laws, it may submit a written request to the Standing Committee of the National People’s Congress for review.

Chapter VIII: Supplementary Provisions

Article 50 The Central Military Commission may, in accordance with the Constitution and laws, enact military regulations. The various headquarters, branches, theaters, services, and arms of the military and the Armed Police Force may, in accordance with laws and the military regulations, decisions, and orders of the Central Military Commission, enact military rules within the scope of their respective powers. Military regulations and military rules shall be enacted, amended, and repealed within the armed forces. Measures for the enactment of military regulations and military rules shall be formulated by the Central Military Commission in accordance with the principles set forth in this Law.

Article 51 This Law shall enter into force as of July 1, 2000.