GFZZ No. (1989)150
Chapter I: General Principles
Article 1: In order to ensure the scientization and standardization of radio, film and television legislation procedures, stimulate legislative work, and raise the quality of laws and regulations, on the basis of the relevant provisions of the “State Council Organization Law” and the “Provisional Administrative Regulation Formulation Procedure Regulations”, these Regulations are formulated.
Article 2: Legislative procedure as named in these Regulations refers to: compiling of legislative programmes and plans, drafting laws and administrative regulations, formulating roles as well as coordinating deliberating, promulgating or submitting, filing, interpreting, arranging, revising and abolishing them.
The formulation of technical standards is handled according to the regulations of relevant controlling departments; where no regulations have been made, it may be handled according to these Regulations.
Article 3: The Ministerial Policy and Regulatory Department uniformly organizes and coordinates the legislative procedure.
Article 4: The naming of laws, administrative regulations and rules must be conform to their content.
Those documents that regulate the basic and main social relationships of radio, film and television, and are submitted to the Standing Committee of the National People’s Congress for formulation, are named “laws”.
Those documents that relatively comprehensively and systematically regulate one aspect of radio, film and television work, and are submitted to the State Council for formulation, are named “administrative regulations”. For those, the terms “regulations” and “ordinance” are generally used.
Those documents that partly regulate one aspect of radio, film and television work, or provide concrete regulations relating to a law or administrative regulation, are named “rules”. For those, the terms “regulations”, “rules” or “detailed rules” are generally used.
Rules are formulated and promulgated by the Ministry of Radio, Film and Television. All provincial, autonomous region and municipal People’s Governments formulate and promulgate local rules relating to radio, film and television.
Article 5: Where the “provisional” or “trial” form is adopted for formulated rules because of real needs, the “provisional” or “trial” period generally may not exceed three years.
Article 6: The content of laws, administrative regulations and rules shall include the objective for formulation, the scope of application, the controlling department, concrete norms, reward and punishment rules and the date of effect.
Chapter II: Planning and drafting
Article 7: The Policy and Regulatory Department compiles five-year legislation plans on the basis of the national economic and social development plans formulated by the State Council, as well as the real requirements of the radio, film and television undertaking.
The five-year legislation plan is to be reported to the Ministerial meeting for deliberation, is signed and issued by the Minister or the Vice-Minister in charge, and is reported to the State Council for filing.
Article 8: On the basis of the five-year legislation plans, the Policy and Regulatory Department compiles annual legislation plans, and after examination and approval by the Minister or the Vice-Minister in charge, issues them for implementation during the first quarter of every year, and reports them to the State Council for filing.
Article 9: The drafting basis for laws and administrative regulations is:
(1) Decisions by the National People’s Congress and its Standing Committee
(2) Decisions by the State Council;
(3) Suggestions put forward by the Ministry of Radio, Film and Television, which are approved by the State Council
Article 10: The basis for drafting laws is:
(1) Requirements of State principles and policies related to radio, film and television;
(2) Requirements of relevant State laws or administrative regulations;
(3) Decisions by the Ministerial meeting
(4) Requirements for standardizing the management of the work of departments (bureaus) and stations subordinate to the Ministry.
Article 11: The Policy and Regulatory Department organizes the drafting of laws and administrative regulations.
The drafting of rules is the responsibility of the bureau-level controlling work unit.
Where drafted content has links with two or more (including two) bureau-level work units, one bureau-level work unit will take the lead, other bureau-level work units assist in the joint drafting.
Article 12: When drafting laws, administrative regulation and rules, the guiding ideology must be clearly indicated, and at the same time, attention must be paid to linkages and coordination with relevant existing laws and administrative regulations.
Article 13: The content of laws, administrative regulations and rules is expressed in articles, articles may be divided into paragraphs, clauses and items, paragraphs do not carry numbers, clauses and items carry numbers. Where there are relatively many articles, they may be divided into parts, chapters and sections.
Article 14: Laws, administrative regulations and rules must have a strict structure, articles are to be succinct, hierarchy clear, writing concise, and language correct.
Article 15: If the content of laws, administrative regulations and rules, involves the work of relevant State Council departments, the opinion of the said department shall be sought during drafting, and efforts made to reach agreement through consultation. Where agreement through consultation cannot be reached, the Policy and Regulatory Department requests State Council coordination.
Where agreement through consultation cannot be reached among work units within the Ministry, the drafting work unit shall list the different opinions when submitting the draft, and explain the reasons for adopting a certain opinion.
Chapter III: Deliberation and promulgation
Article 16: After the drafting work of laws, administrative regulations and rules is completed, the drafting department submits the draft and relevant materials to the Policy and Regulatory Department for examination and verification.
Article 17: The Policy and Regulatory Department may put forward opinions on the submitted draft, and request the drafting work unit to revise it.
Article 18: After drafts of laws, administrative regulations and rules are examined and verified by the Policy and Regulatory Department, they are submitted to the ministerial meeting or the Minister’s business meeting for deliberation.
Article 19: On the deliberation of law or administrative regulation drafts, the responsible person of the Policy and Regulatory Department explains the draft and makes a report of the examination and verification result.
On the deliberation of rules, the responsible person of the drafting work unit explains the draft, and the responsible person of the Policy and Regulatory Department makes a report of the examination and verification result.
Article 20: The explanation of the draft shall include the following content:
(1) the basis and necessity for legislation;
(2) a brief overview of the drafting process
(3) issues that need clarification;
(4) the result of seeking opinions, or the diverging opinions that still exist after consultations.
Article 21: Law or administrative regulation drafts must be deliberated by the ministerial meeting. After the draft is passed, it is signed by the Minister and reported to the State Council
Article 22: Drafts of rules are deliberated and approved by the ministerial meeting, and may also be approved by the Minister or the Vice-Minister in charge.
Rules are promulgated as decrees of the Ministry of Radio, Film and Television of the People’s Republic of China.
Local radio, film and television rules are deliberated and promulgated by all provincial, autonomous region and municipal People’s Governments
Article 23: The official foreign language translation of rules is authorized by the Policy and Regulatory Department.
Chapter IV: Filing and interpretation
Article 24: Articles are filed and reported by the Policy and Regulatory Department within twenty days from the date of promulgation, and submitted to the State Council Legal Affairs Office for filing.
Article 25: All local radio, film and television rules formulated by provincial, autonomous region and municipal People’s Governments, are, at the same time as being reported to the State Council for filing, sent as carbon copy to the Policy and Regulatory Department by radio, film and television management departments.
Article 26, After laws, administrative regulations and rules are promulgated, the Policy and Regulatory Department shall report the draft and the final version to the Ministry Archives for filing.
Article 27: The power to interpret laws is exercised by the Standing Committee of the National People’s Congress.
Article 28: The power to interpret administrative regulations is exercised by the Ministry of Radio, Film and Television, authorized by the State Council.
The power to interpret rules is exercised by the Policy and Regulatory Department.
Chapter V: Arrangement, revision and abolition
Article 29: The Policy and Regulatory Department will re-arrange all administrative regulations and rules in force once every two years, and on the basis of the arrangement result, put forward opinions on revision and abolition.
Article 30: All provincial-level radio, film and television management departments are to compile local regulations and rules once every three years, and report the compilation results in carbon copy to the Policy and Regulatory Department.
Article 31: The revision and abolition of laws is submitted to the State Council under the name of the Ministry of Radio, Film and Television, and the State Council requests the Standing Committee of the National People’s Congress to deliberate this.
For revision or abolition of administrative rules, the Ministry of Radio, Film and Television requests the State Council to deliberate this.
For revision or abolition of rules, the drafting work unit puts forward an opinion, and submits it to the Policy and Regulatory Department for examination and verification. After examination and verification, it is reported to the Minister’s business meeting for deliberation, or to the Minister or Vice-Minister in charge for examination and approval.
Article 32; The revision or abolition of rules shall be immediately announced.
Chapter VI: Supplementary provisions
Article 33: Where the Ministry of Radio, Film and Television jointly formulates and promulgates rules with relevant State Council ministries or commissions, it shall be handled according to the relevant Articles of these Regulations.
Article 34: The power to interpret these Regulations belongs to the Policy and Regulatory Department.
Article 35: These Regulations take effect on the date of promulgation. Thirty days after the date of taking effect, the “Some Provisions on Ministry of Radio, Film and Television Legislation Work (Trial)” are abolished.
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