中华人民共和国立法法 Legislation Law of the Peoples Republic of China

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 deal with the matter if it finds that the said regulations contradict the rules of the people's government of the province or autonomous region.

　　A “comparatively larger city”used in this Law refers to a city where a provincial or autonomous regional people's government is located or where a special economic zone is located, or a city approved as such by the State Council.

　　Article 64 Local regulations may be formulated to govern the following matters:

　　(1)matters requiring the formulation of specific provisions in light of the actual conditions of an respective administrative area for implementing the provisions of laws or administrative regulations; and

　　(2)matters of local character that require the formulation of local regulations.

　　Except for the affairs provided for in Article 8 of this Law, the provinces, autonomous regions, municipalities directly under the Central Government and the comparatively larger cities may, in light of the specific local conditions and actual needs, first formulate local regulations on all other affairs for which the State has not yet formulated any laws or administrative regulations. Once the laws or administrative regulations formulated on such matters by the State come into effect, the provisions in local regulations which contradict the said laws or administrative regulations shall be null or void, and the organs that have formulated such regulations shall promptly amend or annul the provisions.

　　Article 65 The people's congresses or their standing committees of the provinces and cities where special economic zones are located may, upon authorization by decision of the National People's Congress, formula

te regulations and enforce them within the limits of the Special economic zone.

　　Article 66 The people's congresses of the national autonomous areas have the power to formulate autonomous regulations and separate regulations on the basis of the political, economic and cultural characteristics of the local nationality (nationalities). The autonomous regulations and separate regulations of the autonomous regions shall be submitted to the Standing Committee of the National People's Congress for approval and shall go into effect upon approval. The autonomous regulations and separate regulations of the autonomous prefectures or counties shall be submitted to the standing committees of the people's congresses of the relevant provinces, autonomous regions or municipalities directly under the Central Government for approval and shall go into effect upon approval.

　　Where certain provisions of the laws and administrative regulations are concerned, adaptation on the basis of the characteristics of the local nationality (nationalities)may be made in autonomous regulations and separate regulations, but such adaptation may not contradict the basis principles of the laws and administrative regulations; where the provisions of the Constitution and the Law on Regional National Autonomy as well as the Provisions in other laws and administrative regulations specially formulated to govern the national autonomous areas are concerned, no adaptation may be made.

　　Article 67 Local regulations governing especially important matters of an administrative area shall be subject to adoption by the people's congress of the area.

　　Article 68 The procedures for submission, deliberation and voting of bills of local regulations, autonomous regulations or separate regulations shall be enacted by the people's congress at the corresponding level in accordance with the Organic Law of the People's Republic of China on Local People's Congresses and Local People's Governments and with reference to the provisions of Sections 2,3 and 5 in Chapter II of this Law.

　　The organ in charge of unified deliberation of a draft of local regulations shall prepare a report on the result of it's a conclusive report on deliberation and a revised draft of the regulations.

　　Article 69 Local regulations formulated by the people's congress of a province, autonomous region or municipality directly under the Central Government shall be promulgated by the presidium of the Congress in an announcement.

　　Local regulations formulated by the people's congress or its standing committee of a comparatively larger city shall, upon approval, be promulgated by the standing committee of the people's congress of the city in an announcement.

　　Autonomous regulations or separate regulations shall, upon approval, be promulgated by the standing committee of the local people's congress of the autonomous region, autonomous prefecture or autonomous county in an announcement.

　　Article 70 Once local regulations or autonomous regulations and separate regulations of an autonomous region are promulgated, they shall be published in the gazette of the standing committee of the local people's congress and in newspapers distributed within the administrative area.

　　The text of local regulations or autonomous regulations and separate regulations published in the gazette of the standing committee of the people's congress shall be the standard text.

　　Section 2

　　Rules

　　Article 71 The ministries and commissions of the State council, the people's Bank of China, the State Audit Administration as well as the other organs endowed with administrative functions directly under the State Council may, in accordance with the laws as well as the administrative regulations, decisions and orders of the State Council and within the limits of their power, formulate rules.

　　Matters governed by the rules of departments

shall be those for the enforcement of the laws or the administrative regulations decisions and orders of the State Council.

　　Article 72 With regard to a matter that falls within the limits of power of two or more departments under the State council, the State Council shall be requested to formulate administrative regulations, or the Departments concerned under the State Council shall jointly formulate rules.

　　Article 73 The people's governments of the provinces, autonomous regions, municipalities directly under the Central Government and the comparatively larger cities may, in accordance with laws and administrative regulations and the local regulations of their respective province, autonomous regions or municipalities, formulate rules.

　　Local governments may formulation of rules to following matters:

　　(1)matters requiring the formulation of rules to implement the provisions of laws, administrative regulations and local regulations; and

　　(2)specific administrative matters pertaining to their respective administrative areas.

　　Article 74 The procedures for formulating the rules of departments under the State Council and rules of local governments shall be enacted by the State Council with reference to the provisions in Chapter III of this Law.

　　Article 75 The Rules of departments shall be subject to decision by The executive meetings of ministries of commissions.

　　The rules of local governments shall be subject to decision by the executive meetings or plenary meetings of the respective governments.

　　Article 76 The rules of departments shall be promulgated by orders signed by the heads of the departments.

　　The rules of local governments shall be promulgated by orders signed by governors of provinces, chairmen of autonomous regions or mayors.

　　Article 77 the rules o departments shall, upon promulgation by signed orders, be promptly published in the gazette of the State Council or gazettes of the departments and in newspapers with a nationwide distribution.

　　The rules of local governments shall, upon promulgation by signed orders, be promptly published in gazettes of the local people's governments and in newspapers distributed within their respective administrative areas.

　　The text of rules published in the gazette of the State Council or of the department and in the gazette of the local people's government shall be the standard text.

　　Chapter V

　　Application and Record

　　Article 78 The legal effect of the Constitution is the highest, and no laws, administrative regulations, local regulations, autonomous regulations, separate regulations or rules whatever may contradict it.

　　Article 79 The effect of laws is higher than that of administrative regulations, local regulations, and rules.

　　The effect of administrative regulations is higher than that of local regulations, and rules.

　　Article 80 The effect of local regulations is higher than that of the rules of the local governments at or below the corresponding level.

　　The effect of the rules formulated by the people's governments of the provinces or autonomous regions is higher than that of the rules formulated by the people's governments of the compar

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