Chinese Communist Party Provisions on the filing of Party Provisions and normative documents

Chinese Communist Party Provisions on the filing of Party laws and regulations and normative documents

Article 1. The present Provisions are enacted according to the Chinese Communist Party regulations on enacting Party laws and regulations to standardize the work of filing Party   laws and regulations and normative documents; guarantee the coherence of Party laws and regulations and normative documents with the Party Statute, and the Party theory, line, principles and policies, coherence with the Constitution and the law; to safeguard the unity and authoritativeness of the system of Party laws and regulations
Article 2. The present Provisions apply to the filing of Party laws and regulations and normative documents by  the Central Commission for Discipline Inspection, all central departments and the Party committees of provinces, autonomous regions, municipalities directly under the Central Government
“Normative documents” in the present Provisions refers to such documents as resolutions, decisions, opinions and notices having general binding force and repeated applicability,  which are composed by the Central Commission for Discipline Inspection and all central departments and the Party committees of provinces, autonomous regions, municipalities directly under the Central Government during performance of their duties, including major documents implementing policy deployments of the Centre; that guide and promote economic and social development; that relate to the personal interest of the People’s masses; that strengthen and improve the construction of the Party. 
The following documents do not belong to the scope of filing:
(1) documents on personnel readjustments, the internal set up of institutions, award decisions;
(2) requests for instructions, reports, notices on meetings, records of conferences, leaders’ speeches, reports on the situation, outlines of work, summaries of work; 
(3) Internal work systems of institutions and work plans;
(4) other documents that do not have general binding force and may not be repeatedly applicable. 
Article 3. The filing of Party laws and regulations and normative documents shall achieve the filing of each document, the auditing of documents that have been filed, and correction of mistakes therein. 
Article 4. Party laws and regulations and normative documents that shall be filed according to the present Provisions shall be reported to the Centre by their enacting institution within 30 days of their date of effect. Party laws and regulations and normative documents that are enacted jointly shall be filed with the Centre by the host institution. Concrete work is undertaken by the agency responsible for regulatory work belonging to the enacting institution or to the host institution. 
Article 5. The Central General Office is responsible for filing Party laws and regulations and normative documents. Substantive issues are handled by the Central General Office agency for regulatory work. 
Party laws and regulations and normative documents that, according to the present Provisions, shall be filed are directly reported to the Central General Office agency for regulatory work. 
Article 6. When reporting Party laws and regulations and regulatory documents, a filing report shall be submitted with the original and an explanation bound in three copies and an electronic copy shall be reported through the dedicated Party laws and regulations ethernet. 
The Central General Office shall order those who do not submit a report or Party laws and regulations and normative documents, or who do not submit the report on time to submit a supplementary report. 
Article 7. The Central General Office performs an auditing of Party laws and regulations and normative documents filed with the Centre. The content to be audited shall be as follows:
(1) whether it conflicts with the Party Statute and the Party theory, line, principles and policies;
(2) whether it is in line with the Constitution and the law;
(3) whether it conflicts with Party laws and regulations at the higher level;
(4) whether it conflicts with provisions on the same matter made by other Party laws and regulations
(5) whether the content of the laws and regulations is clear or inappropriate;
(6) whether it conforms to the regulatory powers and procedure.
Article 8. Where the Central General Office agency for regulatory work finds out a problem during the audit of Party laws and regulations and normative documents, the filing institution shall be reqired to explain relevant circumstances, and the filing institution shall provide an explanation by the designated deadline. 
Article 9. The Central General Office agency for regulatory work shall complete the audit within 30 days of receiving the Party laws and regulations and normative documents reported for filing. 
Article 10. Where during the audit it is found out that Party laws and regulations and normative documents display one of the problems listed under article 7, the Central General Office agency for regulatory work may, under prior approval, propose that the enacting institution corrects them. The enacting institution shall deal with the matter within 30 days and provide feedback on the matter. Where action is overdue, the Central General Office shall propose to correct or repeal [the relevant Party laws and regulations and normative documents] and request a decision by the Centre. 
Article 11. Where by auditing it has been determined that Party laws and regulations and normative documents meet the conditions for filing, the Central General Office agency for regulatory work shall file them for future reference,  promptly notify the filing institution by a circular and publish a list of Party laws and regulations and normative documents that have been filed. 
Article 12. A system to evaluate and assess the work of filing [shall be established]. Units and individuals whose performance in the work of filing is outstanding shall be commended according to relevant rules. 
Where by auditing it is found out Party laws and regulations and normative documents display outstanding problems, [the matter] may be notified within a certain range. 
Article 13. Before January 31 of every year the Central Commission for Discipline Inspection and all central departments and the Party committees of provinces, autonomous regions, municipalities directly under the Central Government shall file a list of Party laws and regulations and normative documents issued during the previous year with the Central General Office agency for regulatory work 
Article 14. A mechanism to integrate the audit of Party laws and regulations and normative documents with the audit of state laws, regulations and normative documents shall be established. 
Article 15. Party committees of provinces, autonomous regions, municipalities directly under the Central Government shall establish relevant filing systems according to the spirit ot the present Provisions, carrying out the work of filing according to the principle whereby lower-level [organs] file [Party laws and regulations and normative documents with] the next-higher level [organs].  
The Central Commission for Discipline Inspection and all central departments may, on the basis of the needs of their work, establish an internal filing system according to the spirit of the present Provisions.
Article 16. The Central Military Commission and its General Political Department carry out the work of filing military Party provisions and normative documents in accordance with the spirit of the present Provisions. 
Article 17. The Central General Office is responsible for interpreting these Provisions. 

Article 18. These Provisions shall take effect  on 1 July 2012.

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