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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II PROJECT INITIATION CHAPTER III DRAFTING OUT AND EXAMINATION CHAPTER IV DETERMINATION AND PROMULGATION CHAPTER V INTERPRETATIONS AND ARCHIVAL FILING CHAPTER VI SORT-OUT, COMPILATION, AMENDMENT AND REPEAL CHAPTER VII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. With a view to improving the quality of legislation and promoting scientific and normative making and implementation of the legislative procedures for radio, film and television, the present Provisions are formulated in accordance with the Legislation Law, Ordinance concerning the Procedures for the Formulation of Administrative Regulations, Ordinance on Procedures for Making Regulations, and the relevant laws and regulations. Article 2. The present Provisions shall be applicable to activities of the State Administration of Radio, Film and Television (hereinafter referred to the SARFT) such as the making of programs and plans for radio, film and television legislation, undertaking the drafting, examination, determination, promulgation, archival filing, interpretation, sort-out and repeal of laws, administrative regulations, rules and regulatory documents on radio, film and television. Article 3. In the formulation of any law, administrative regulation or rule, the legislative principles and legislative procedures determined in the Legislation Law, Ordinance concerning the Procedures for the Formulation of Administrative Regulations, and the Ordinance on Procedures for Making Regulations shall be strictly followed. The name of any law, administrative regulation or rule shall correspond with its contents. Article 4. The department of laws and regulations shall undertake the following functions in the legislation work: (1) Working out, organizing and supervising over the implementation of legislation programs; (2) Drawing out, organizing and supervising over the implementation of annual legislation plans; (3) Organizing to draft laws, administrative regulations and rules; (4) Examining on and coordinating with all the departments or bureaus for the manuscripts they draft and send for examination; (5) Organizing, guiding and coordinating the work of legal investigation and research; (6) Organizing to reply the letters of departments such as the National People's Congress and its Standing Committee, legal affairs organ of the State Council, and each department, commission, bureau and office of the State Council for their soliciting opinions on laws, administrative regulations and rules; (7) Being responsible for the examination on archival filing of regulations and regulatory documents; (8) Organizing the interpretation of the regulations; and (9) Organizing to sort out and compile laws, administrative regulations, rules and regulatory documents. Article 5. Each department or bureau shall undertake the following functions in the legislation work: (1) Bringing forward project initiations on laws, administrative regulations and rules to be formulated to the department of laws and regulations every year; (2) Drafting regulations relating to the business of its own department or bureau. In case the contents of any regulation involve the administrative functions of more than two departments or bureaus, the presiding department or bureau shall be responsible for organizing the relevant departments to draft together; (3) Supervising over the implementation of laws, administrative regulations and rules; (4) Cooperating with the department of laws and regulations to give reply to letters of departments such as the National People's Congress and its Standing Committee, legal affairs organ of the State Council, and the departments, commissions, bureaus and offices of the State Council for soliciting opinions on laws, administrative regulations and rules, and proposing opinions on the business relating to its own department or bureau; (5) Being responsible for the archival filing of regulatory documents; and (6) Sorting out and interpreting the regulations and regulatory documents relating to the business of its own department or bureau. CHAPTER II PROJECT INITIATION Article 6. The department of laws and regulations shall organize to work out annual legislation plans. Each department or bureau may bring forward suggestions on project initiation of laws, administrative regulations and rules, if the items of project initiation involve the business of more than two departments or bureaus, the presiding department or bureau and the relevant departments or bureaus shall submit the suggestions on project initiation jointly. Article 7. The following contents shall be included in the suggestions on project initiation: (1) Name of the laws, administrative regulations and rules to be formulated or revised and the necessity for the formulation or revision; (2) The main system to be established, contents of administrative license and administrative punishment prescribed; (3) Person responsible for the drafting, ways of contact, time for completion and the arrangement for progress; and (4) Other issues need to be explained. In case no explanation has been made on the necessity for formulating or revising the laws, administrative regulations or rules in the suggestions on project initiation, or if the main systems to be established do not comply with the Administrative License Law, Administrative Punishment Law and the provisions of other laws and administrative regulations, the project shall not be initiated. Article 8. Mattes falling within Article 8 and Article 56 of the Legislation Law shall be formulated into laws and administrative regulations. The following matters within the scope of authority of administration of the SARFT shall be formulated into regulations: (1) Prescribing administrative punishment according to law; (2) Prescribing to implement administrative license according to law; (3) Making major alterations on ways of management; (4) Producing comparatively large impacts on the interests of the opposite party of administration; and (5) Requiring other departments of the State Council to handle together. Article 9. The department of laws and regulations shall form a draft of the annual legislation plans according to the suggestions on project initiation put forward by each department or bureau, and shall be reported to the director general or vice director responsible for specific matters of the SARFT for examination and approval. Article 10. The application for project initiation of laws and administrative regulations shall be submitted to the State Council and the Standing Committee of the National People's Congress after being examined and approved by the SARFT. CHAPTER III DRAFTING OUT AND EXAMINATION Article 11. A leading group of drafting and work group of drafting shall be set up for drafting laws and administrative regulations. The head of the leading group of drafting shall be assumed by the general director or vice director responsible for concrete matters of the SARFT, and the members thereof shall consist of personnel in the department of laws and regulations and the relevant departments or bureaus, and the personnel shall be relatively permanent ones, with necessary capital financed. In principle, an expert consulting group shall be set up. In principle, the power to draft out regulations shall remain with the relevant business departments or bureaus, if it concerns the business of more than two departments or bureaus, the presiding department or bureau shall draft together with the relevant departments or bureaus, or the department of laws and regulations may participate in if necessary; the department of laws and regulations may also directly organize and take charge of the draft. Article 12. The principle of unification of legal system shall be followed in drafting out laws, administrative regulations or rules, which shall not conflict with or contradict the upper level law, and shall link up with and coordinate with the effective existing laws, administrative regulations and rules whose contents are correlative. In case any existing law, administrative regulation or rule is replaced by any newly formulated law, administrative regulation or rule, the repeal shall be indicated. Article 13. The relevant domestic and foreign legislative documents shall be widely collected for the drafting of laws, administrative regulations and rules. Forms such as soliciting opinions in writing, colloquia or symposia shall be adopted to widely consult the opinions of all the aspects of the system of radio, film and television and the opposite party of administration. In case the drafting is closely related to the business of other departments of the State Council, the opinions of the relevant departments of the State Council shall also be solicited adequately. Where any law or administrative regulation adds any new administrative licensing items, or new kinds of administrative punishments and the punishment scope, or any regulation specifies any administrative licensing items established by the upper level laws, or new administrative punishments according to law, or prescribed concrete administrative punishments, or any law, administrative regulation or rule adds any new charging items, a special explanation shall be made. Opinions of the general public shall be solicited openly where necessary. If a hearing is held, the relevant laws and administrative regulations shall be followed for the ways of hearing and procedures thereof. Article 14. When drafting laws, administrative regulations and rules, the information on soliciting opinions shall be recorded in detail. In case there are any major divergent opinions, adequate negotiation shall be made. If the negotiation cannot be made, the divergent opinions shall be enumerated specially when submitting the manuscripts for examination, and the reasons for accepting or rejecting the opinions shall be explained. Article 15. When drafting laws, administrative regulations and rules, which shall have precise framework, strong logicality, clear arrangements, terse diction, accurate wording, and manageability, and shall comply with the legislation wordings and form standards. Laws and regulations may be divided into parts, chapters and sections. A regulation whose contents are complex may be divided into chapters, and may not be divided into sections in general. The contents of any law, administrative regulation or rule may be expressed by articles, which may include paragraphs, items and sub-items, in which the paragraph shall not be preceded numbers, the item and sub-item shall be preceded numbers. The sequence number of the article shall be expressed in Chinese numbers, the sequence number of the items shall be expressed by the Chinese number plus the brackets, and the sequence number of the sub-items shall be expressed in Arabic numbers in turn. Article 16. When drafting laws, administrative regulations and rules, the explanations for the manuscripts sending for examination shall also be drafted at the same time, the contents thereof shall include: the necessity for the legislation, the brief process of the drafting, major issues need to be explained, conclusions of opinion solicitation and the divergence exists, the name, articles and items as well as contents of the legal documents amended. Article 17. The provisions of the Administrative License Law and the Administrative Punishment Law shall be strictly followed in the drafting of regulations: (1) No new administrative licensing items may be established additionally; (2) In case of prescribing specifically the conditions for implementation of administrative license, no other conditions in violation of the super-ordinate law may be added additionally; (3) The kinds of administrative penalties and scale of punishment newly added shall be restricted to the warning and the fine of less than RMB 30 thousand Yuan; and (4) Prescribing administrative compulsory measures according to law. Article 18. The submitted drafts of laws, administrative regulations and the explanations thereof, as well as the draft of the regulations and the explanations thereof, which are formed through drafting organized by the department of laws and regulations shall be reported to the director general or vice director in charge of concrete matters of the SARFT for examination, who shall then propose suggestions on submitting them to the executive meeting of the SARFT for deliberation. Article 19. Each department or bureau that is responsible for drafting any regulation shall report and send 10 copies of the submitted drafts of the regulation and the explanations thereof to the department of laws and regulations for examination, with the written documents for soliciting opinions and the relevant domestic and foreign legislative documents attached. In case the documents provided are not complete, the department of laws and regulations may request the drafting department or bureau to make supplement. If anyone fails to make up the documents, the department of laws and regulations may reject the examination. Article 20. Where the department of laws and regulations makes examination on the submitted draft of any regulation, it shall adequately solicit opinions of all parties concerned, and make amendment to the submitted draft of regulation on the basis of negotiating with the drafting department or bureau, and form into drafts and new explanations that shall be submitted to the executive meeting of the SARFT for examination. In case any provisions not complying with the provisions of Article 12 through Article 17 are found, the department of laws and regulations shall coordinate with the drafting department to make amendment. The draft of the regulation and the explanations thereof shall be signed by the department of laws and regulations and the main responsible person of the drafting department or bureau, where there is necessity to have them signed jointly, they shall be signed jointly by the relevant departments or bureaus before being reported to the general director or vice director in charge of the concreted matters for examination, who shall then propose suggestions on submitting them to the executive meeting of the SARFT for deliberation. CHAPTER IV DETERMINATION AND PROMULGATION Article 21. The submitted drafts of laws and administrative regulations and the draft of regulations shall be subject to the deliberation and determination of the executive meeting of the SARFT. In the deliberation of the submitted drafts of laws and administrative regulations, the department of laws and regulations shall make explanations on the submitted drafts. In the deliberation of the draft of regulations, the department of laws and regulations or the drafting department or bureau shall make an explanation on the draft. Article 22. The drafting group shall make revision on the submitted drafts of laws and administrative regulations, which are basically adopted at the executive meeting, and have them reported to the general director for signing, and reported to the State Council in accordance with the procedures prescribed in the Legislation Law and the Regulation on Procedures for the Formulation of Administrative Regulations. The department of laws and regulations shall make revisions on the draft of regulations adopted in principle at the executive meeting of the SARFT after negotiation with the drafting department or bureau, and report them to the general director of the SARFT for signing, and promulgate in the form of order of the SARFT. Article 23. After a regulation is promulgated, it shall be published on the government website (www.chinasarft.gov.cn) of the SARFT. Any regulation formulated jointly by the SARFT and the State Council shall bear the signatures of the departmental head of the SARFT and other departments of the State Council jointly for promulgation, and shall use the number of the order of the originating organ. Article 24. A regulation shall come into force at least 30 days after its promulgation in principle. CHAPTER V INTERPRETATIONS AND ARCHIVAL FILING Article 25. The power to interpret laws shall remain with the Standing Committee of the National People's Congress. In case the Standing Committee of the National People's Congress requires any formulation organ to put forward opinions of interpretation on any law drafted by the SARFT, the department of laws and regulations shall organize the drafting department or bureau to bring forward opinions, and report to the general director or vice director in charge of concrete matters of the SARFT for signing and promulgation, and the SARFT shall give reply by way of issuing documents. Article 26. The power to interpret the administrative regulations shall remain with the State Council. In case the State Council requires the formulation organ to put forward opinions for interpreting any administrative regulation drafted by the SARFT, the department of laws and regulations shall organize the drafting department or bureau to bring forward opinions, and report to the SARFT for signing and promulgation, and the SARFT shall give reply by way of issuing documents. Article 27. The power to interpret the regulations shall remain with the SARFT. In case any regulation needs to be interpreted, the drafting department or bureau shall bring forward opinions for interpretation, and submit to the department of laws and regulations for examination or the department of laws and regulations may directly organize the drafting of interpretation opinions, which shall be subject to the joint signing of the drafting department or bureau, and reported to the SARFT for signing and promulgation, and the SARFT shall give reply by way of issuing documents. The interpretation on any regulation shall have the same effect with the regulation. Article 28. The department of laws and regulations shall draw up archival filing report within 30 days from the date of promulgation of any regulation, and submit it to the legal affairs organs of the State Council for archival filing together with 10 copies of duplicate of the regulation and the drafting explanations. The drafting department or bureau of any regulatory document shall send the duplicate of the regulatory document to the department of laws and regulations for archival filing within 10 days as of the date when the regulatory document is promulgated. Where any regulatory document is found to have contents of establishing administrative license, administrative punishments or administrative compulsory measures in violation of laws, after being put on archives, the department of laws and regulations shall point it out to the drafting department or bureau in time, and bring forward suggestions on revision or repeal to the general director or vice director in charge of concrete matters of the SARFT. CHAPTER VI SORT-OUT, COMPILATION, AMENDMENT AND REPEAL Article 29. The department of laws and regulations shall clean up the administrative laws, regulations and rules now in effect together with the relevant departments or bureaus in time, and bring forward opinions of revision or repeal according to the result of sort-out. Article 30. Each year, the department of laws and regulations shall compile into bound volumes the laws, administrative regulations, rules and major regulatory documents promulgated in the previous year. Article 31. The department of laws and regulations shall organize all the departments or bureaus to bring forward suggestions on the amendment and repeal or any law and administrative regulation, make examination on them, and submit them to the legal affairs organs of the State Council in writing after being reported to and approved by the executive meeting. Each department or bureau shall bring forward concrete suggestions on the repeal of any regulation, and the department of laws and regulations shall make examination on it, which shall be signed by the general director of the SARFT and promulgated in the form of order of the SARFT after being reported to and adopted by the executive meeting. CHAPTER VII SUPPLEMENTARY PROVISIONS Article 32. The SARFT and other departments, commissions, organs directly under the State Council shall handle the regulations they formulate together in accordance with the relevant clauses of the present Provisions. Article 33. The present Provisions shall be applied by analogy in the drafting and examination of regulatory documents. The present Provisions may be applied by analogy by the administrative departments of radio, film and television at all localities in their drafting of local ordinances on radio, film and television and local governmental rules. Article 34. The present Measures shall come into force as of the date of August 1, 2004. The Provisions on the Procedures for the Legislation of Radio, Film and Television (Order No. 150 [1989] of the Ministry of Radio, Film and Television) promulgated by the Ministry of Radio, Film and Television shall be repealed simultaneously. |
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