Regulations of Shanghai Municipality on the Formulation of Local Rules and Regulations

(Adopted at the 4th Session of the 11th Shanghai Municipal People's Congress on February 12, 2001; amended for the first time in accordance with the Decision on the Amendment to the Regulations of Shanghai Municipality on the Formulation of Local Rules and Regulations adopted at the 15th Session of the Standing Committee of the 12th Shanghai Municipal People's Congress on October 19, 2004; amended for the second time in accordance with the Decision on the Amendment to the Regulations of Shanghai Municipality on the Formulation of Local Rules and Regulations adopted at the 18th Session of the Standing Committee of the 12th Shanghai Municipal People's Congress on February 24, 2005; amended for the third time in accordance with the Decision on the Amendment to the Regulations of Shanghai Municipality on the Formulation of Local Rules and Regulations adopted at the 24th Session of the Standing Committee of the 14th Shanghai Municipal People's Congress on November 19, 2015; amended for the fourth time in accordance with the Decision on the Amendment to the Regulations of Shanghai Municipality on the Formulation of Local Rules and Regulations adopted at the 2nd Session of the Standing Committee of the 16th Shanghai Municipal People's Congress on April 26, 2023)

Chapter I  General Provisions

Article 1

With a view to standardizing the Municipal People’s Congress and its Standing Committee’s activities of formulating local rules and regulations, perfecting the legislative procedures, raising the legislation quality, and bringing the legislation’s guiding and urging functions into full play, these Regulations are formulated in accordance with the provisions of Organic Law of Local People’s Congresses and Local People’s Governments at Different Levels of the People’s Republic of China, and Legislation Law of the People’s Republic of China, and in the light of the actual circumstances of this Municipality.

Article 2

These Regulations shall apply to the formulation, amendment/revision, repeal and interpretation of the local rules and regulations of this Municipality and other related activities thereof.

The local rules and regulations in these Regulations include the local rules and regulations formulated in accordance with Article 80 and the rules and regulations of Pudong New Area formulated in accordance with Article 84 of the Legislation Law of the People’s Republic of China.

Article 3

The formulation of local rules and regulations shall adhere to the leadership of the Communist Party of China, 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. While pursuing economic development as the central task and remaining committed to reform and opening up, the formulation of local rules and regulations shall implement the new development philosophy, and speed up the building of a modern socialist international metropolis with global influence on the track of the rule of law.

Article 4

The formulation of local rules and regulations shall comply with the provisions,, principles and essence of the Constitution, shall not contravene the Constitution, laws and administrative rules, so as to safeguard the unification, dignity and authority of the socialist legal system.

Article 5

The formulation of local rules and regulations shall adhere to and develop whole-process people’s democracy, respect and guarantee human rights, and guarantee and promote social equality and justice.

The formulation of local rules and regulations shall manifest the people’s will, carry forward the socialist democracy, insist on the opening of legislation, perfect the legislative mechanism of the deputies’ whole-process participation, and ensure people’s participation in the legislative activities through various channels.

Article 6

The enactment of local regulations shall be based on actual conditions, meet the requirements of economic and social development and comprehensively deepening reform, and scientifically and reasonably stipulate the rights and obligations of citizens, legal persons and other organizations, and the powers and responsibilities of state organs.

The content of local rules and regulations shall be clear, specific, targeted, and enforceable. Generally, there should be no repetitive provisions for the content that has already been clearly defined in the higher law. Proper legislative styles such as “several provisions”, “provisions”, “implementation procedures” and “regulations” shall be selected respectively according to the content of legislation.

Article 7

The formulation of local rules and regulations shall advocate and uphold the core socialist values, uphold the rule of law and the rule of virtue, and promote the socialist cultural-ethical progress.

Article 8

The formulation of local rules and regulations shall meet the needs of reform, adhere to the unity of promoting reform under the rule of law and improving the rule of law in reform, guide, promote, standardize and guarantee relevant reforms, and give play to the important role of rule of law in the modernization of this Municipality’s governance system and governance capacity.

Article 9

The Municipal People’s Congress and its Standing Committee shall formulate local rules and regulations according to their respective limits of authority provided under the Constitution and laws.

Local rules and regulations governing the especially important matters of this Municipality shall be adopted at the Municipal People’s Congress.

When the Municipal People’s Congress is not in session, the Standing Committee may make partial supplements and amendments/revisions to the local rules and regulations formulated by the Municipal People’s Congress, but shall not contradict to the basic principle of those local rules and regulations.

The Municipal People’s Congress has the power to amend or repeal the inappropriate local rules and regulations formulated by the Standing Committee of the Municipal People’s Congress.

Article 10

The Municipal People’s Congress and its Standing Committee shall strengthen the organization and coordination for the work of legislation, and play a dominant role in the work of legislation.

Chapter II  Procedures for the Municipal People’s Congress to Formulate Local Rules and Regulations

Article 11

When the Municipal People’s Congress is in session, the presidium may propose bills of local rules and regulations to the Municipal People’s Congress for deliberations at the session of the Municipal People’s Congress.

The Standing Committee of the Municipal People’s Congress, the Municipal People’s Government and the special committees of the Municipal People’s Congress may propose bills of local rules and regulations to the Municipal People’s Congress, which shall be decided by the presidium as whether or not to be placed on the agenda of the session.

Article 12

Ten or more deputies to the Municipal People’s Congress may jointly propose a bill of local rules and regulations within the time period prescribed by the session’s rules on the deliberation procedure to the Municipal People’s Congress, and the presidium shall decide whether to place the bill on the agenda of the session, or refer the bill first to the relevant special committees for deliberations and their opinions on whether to place the bill on the agenda before making such a decision.

The special committees, during their deliberation, may invite the deputies who propose the bill of local rules and regulations to attend the meeting as non-voters.

Article 13

If a bill of local rules and regulations is intended to be proposed to the Municipal People’s Congress during the adjournment of the Municipal People’s Congress, it may first be proposed to the Standing Committee, which shall make a deliberation according to the relevant procedure provided under Chapter 3 of these Regulations and then decide to submit it to the Municipal People’s Congress for a deliberation, and generally, the Standing Committee shall give a presentation to the plenary session of the Congress.

In deliberating the bills of local rules and regulations according to the provision set in the proceeding Paragraph, the Standing Committee shall solicit opinions from the deputies to the Municipal People’s Congress in different ways, and give feedback on the relevant situation; the special committee, and the working agency of the Standing Committee may, when conducting a legislation investigation and study, invite the relevant deputies to the Municipal People’s Congress for participation.

Article 14

For the bill of local rules and regulations which the Standing Committee decides to submit to the session of the Municipal People’s Congress for a deliberation, the said Committee shall distribute copies of the draft bill to the deputies 30 days before the session, and may organize them to study and discuss the draft bill in due course, so as to solicit opinions from them

Article 15

After the plenary session of the Congress hears the presentation given by the proposer on the bill of local rules and regulations put on the session agenda of the Municipal People’s Congress, the various deputations shall make deliberations.

Article 16

The special committee concerned shall deliberate the bill of local rules and regulations put on the session agenda of the Municipal People’s Congress, and submit its deliberation opinions to the presidium and issue the opinions to the session. Yet the special committee concerned doesn’t need to voice opinions at the Congress in case its opinions have been put forward during the deliberation of the Standing Committee.

Article 17

The Law Committee shall make a uniform deliberation of the bill of local rules and regulations put on the session agenda of the Municipal People’s Congress based on the deliberation opinions of the various deputations and the special committees concerned, and submit a report on the deliberation result and the draft bill for voting to the presidium, which shall, after being examined and passed by the presidium meeting, be issued to the session. The Law Committee shall give explanations on the important diversities in opinions in the report on the deliberation result.

Article 18

The executive chairman of the presidium may, if necessary, summon a meeting of the heads of the various deputations to hear their deliberation opinions on the major issues in the bill of local rules and regulations put on the session agenda of the Municipal People’s Congress, hold discussions and report the discussion situations and opinions to the presidium.

The executive chairman of the presidium may also call relevant deputies recommended by the deputations to discuss the important specialized issues in the bill of local rules and regulations, and report the discussion situations and opinions to the presidium.

Article 19

The proposer who asks to retract a bill of local rules and regulations put on the session agenda of the Municipal People’s Congress before the bill is brought to a vote shall explain the reason and report to the session upon approval by the presidium, and then the deliberation of the bill shall be ceased immediately.

Article 20

If any bill of local rules and regulations under deliberation has any important major issues that need further study, the Standing Committee may be empowered, at the request of the presidium and decision by the plenary session of the Congress, to make further examinations based on the opinions of the deputies, to make decisions and report the decisions to the next session of the Municipal People’s Congress; or the Standing Committee may be empowered to make further deliberations based on the opinions of the deputies, propose a draft amendment/revision and move it to the next session of the Municipal People’s Congress for deliberation and decision.

Article 21

The voting text of a draft bill of local rules and regulations shall be moved by the presidium to the plenary session of the Congress for voting, and shall be adopted by more than a half of all the deputies.

Article 22

The presidium shall make an announcement to promulgate the local rules and regulations adopted by the Municipal People’s Congress.

Chapter III  Procedures for the Standing Committee of the Municipal People’s Congress to Formulate Local Rules and Regulations

Article 23

The meeting of directors may propose bills of local rules and regulations to the Standing Committee; and the Standing Committee meeting shall deliberate the bills. The meeting of directors may entrust a person responsible from the relevant working agencies of the Standing Committee to give a presentation to the plenary session of the Standing Committee on the bill of local rules and regulations.

The Municipal People’s Government, and the various special committees of the Municipal People’s Congress may propose bills of local rules and regulations to the Standing Committee; and then, the meeting of directors shall decide the bills to be presented to the Standing Committee meeting for deliberation, or the bills to be presented to the special committee concerned for deliberation and opinions first, or may entrust the legislative working agency of the Standing Committee to study and give opinions, and then decide whether to submit the bills to the Standing Committee meeting for deliberation. The meeting of directors may, if considering the bill of local rules and regulations has major issues that needs further consideration, suggest the proposer make an amendment or a revision for perfection before presenting it to the Standing Committee.

Article 24

Five members (or more) of the Standing Committee may jointly propose a bill of local rules and regulations to the Standing Committee, and the meeting of directors shall decide whether to submit it to the Standing Committee meeting for a deliberation, or refer it first to the relevant special committees for opinions after their deliberation, and then make the above decision. The meeting of directors shall, if not submitting the bill to the Standing Committee meeting for a deliberation, report to the Standing Committee meeting and explain to the proposer.

The special committee may, during the deliberation, invite the Standing Committee members who propose the bill of local rules and regulations to attend the meeting as non-voters.

Article 25

The bill of local rules and regulations intended to be submitted to the Standing Committee meeting for a deliberation shall be delivered to the Standing Committee 30 days before the opening of the meeting; any bill that fails to be delivered within the set time limit shall, generally, not be put on the agenda of that Standing Committee meeting.

Article 26

The special committee concerned shall organize an investigation and research, and make a deliberation on the bill of local rules and regulations handed over for a deliberation by the meeting of directors in terms of the necessity, legality and feasibility of the formulation of the local rules and regulations, and produce to the meeting of directors its opinions on whether the bill meets the requirements for the submission to the Standing Committee meeting for a deliberation. If it suggests the bill be put on the agenda of the Standing Committee meeting, the special committee concerned shall send in a report on its deliberation opinions.

When the Standing Committee meeting deliberates a bill of local rules and regulations, the special committee concerned of the Municipal People’s Congress or the working committee concerned of the Standing Committee shall organize the drafting department to interpret the draft bill to the Standing Committee members.

Article 27

If a bill of local rules and regulations is decided to be submitted to the Standing Committee meeting for a deliberation, except in special cases, copies of the draft bill shall be issued to the Standing Committee members seven days before the meeting.

The Standing Committee members shall study the bill of rules and regulations, participate in related activities of investigation, research and interpretation of the bill of rules and regulations, and prepare the deliberation opinions.

Article 28

A bill of local rules and regulations placed on the agenda of the Standing Committee meeting shall, generally, go through the deliberation by two meetings of the Standing Committee, and then it can be put to a vote at the next meeting of the Standing Committee. If a bill wins almost consentient opinions at the Standing Committee’s deliberation meeting, it may, upon the decision by the meeting of directors, and after the Standing Committee’s second deliberation meeting, be put to a vote at the very meeting.

A bill of local rules and regulations placed on the agenda of the Standing Committee meeting with almost consentient opinions shall, upon a decision by the meeting of directors, be put to a vote at the next meeting of the Standing Committee after a deliberation by one meeting of the Standing Committee; while a bill of local rules and regulations with simple adjustment of items or partial amendments/revisions and with almost consentient opinions may or in urgent circumstances, upon a decision by the meeting of directors, be put to a vote at the very meeting.

For the bills of local rules and regulations with broad social concerns, the deliberation times of the Standing Committee meetings may be added.

Article 29

When the Standing Committee meeting makes the first deliberation on a bill of local rules and regulations, it shall first hear the presentation given by the proposer at a plenary meeting and hear the report on the deliberation opinion made by the special committee concerned or the report on the study opinions made by the legislative working agency of the Standing Committee, and then the group meetings shall deliberate the necessity and feasibility of the legislation and the major issues in the draft bill.

The Standing Committee may, according to needs, hold joint group meetings or a plenary meeting to deliberate the major issues in the draft bill of local rules and regulations.

Article 30

After the Standing Committee meeting has made the first deliberation on a bill of local rules and regulations, the Law Committee shall make a uniform deliberation based on the deliberation opinions raised by the Standing Committee members and the special committees concerned and the opinions put forth by all sides, produce a report on the deliberation result and a revised text of the draft bill; and the meeting of directors shall decide to submit the amended/revised bill to the Standing Committee meeting for a second deliberation. The Law Committee shall give a clear description on the important diversities in opinions in its report on the deliberation result.

The Law Committee shall, when deliberating a bill of local rules and regulations, invite members of the special committees concerned to attend the meeting as non-voters.

Article 31

When the Standing Committee meeting makes a second deliberation on a bill of local rules and regulations, it shall first hear a report made by the Law Committee on the deliberation result of the bill at a plenary meeting, and then organize a plenary meeting or group meetings to deliberate the amended/revised text of the draft bill.

Article 32

If specific professional issues are put forth for further study during the deliberation on a bill of local rules and regulations at the Standing Committee meeting, the meeting of directors may refer them to the special committees concerned for study, make a report on the deliberation opinions, and issue copies of the report to the Standing Committee meeting and the Law Committee.

Article 33

If a bill of local rules and regulations is to be put to a vote after being deliberated only once by the Standing Committee meeting, the Standing Committee shall first, at a plenary meeting, listen to a presentation made by the proposer and the report on the deliberation opinions made by the special committees concerned or the report on the study opinions made by the legislative working agency of the Standing Committee, and then hold a plenary meeting or group meetings to deliberate the draft bill.

The Law Committee shall make a uniform deliberation on the bill of local rules and regulations based on the deliberation opinions of the Standing Committee members and the special committees concerned, work out a report on the deliberation result and the voting text of the draft bill, which shall, upon the decision by the meeting of directors, be submitted to the very plenary meeting of the Standing Committee for a vote.

Article 34

At the Standing Committee meeting’s first deliberation on a bill of local rules and regulations, if the special committees or five members (or more) of the Standing Committee consider there are serious problems in the necessity, feasibility or other aspects of the formulation of the rules and regulations, they may propose a motion to suspend the deliberation, which shall be submitted by the meeting of directors to the plenary meeting of the Standing Committee for a vote after a deliberation.

If the serious problems in the suspended bill of local rules and regulations have been solved, the special committees or five members (or more) of the Standing Committee may jointly put forth a written proposal, but the submission of the proposal to the Standing Committee meeting to re-open the deliberation shall be decided by the meeting of directors; or, the meeting of directors may directly request the Standing Committee meeting to re-open the deliberation.

Article 35

If there are still serious problems to be further studied in a bill of local rules and regulations deliberated by two meetings of the Standing Committee, the bill may, upon the decision by the meeting of directors, not be brought to a vote temporarily. The bill shall be referred to the Law Committee for further deliberation after the meeting.

When the serious problems in the bill of local rules and regulations not put to a vote temporarily have been solved, the Law Committee may put forth a written proposal, and the meeting of directors shall decide to move the Standing Committee meeting for another deliberation.

Article 36

The Standing Committee meeting shall, when deliberating a bill of local rules and regulations, arrange enough time to ensure its members to fully air their opinions.

The Standing Committee meeting, when deliberating a bill of local rules and regulations, shall invite deputies to the Municipal People’s Congress to attend the meeting as non-voters, may invite the deputies to the National People’s Congress elected by this Municipality as non-voters, and may also arrange citizens to listen at the meeting.

Article 37

For the bills of local rules and regulations placed on the agenda of the Standing Committee meeting, the Law Committee, the special committees concerned and the working agency of the Standing Committee shall hear the opinions from the deputies to the Municipal People’s Congress, the standing committees of the district people’s congresses and other related quarters in the forms of forums, hearings, demonstration meetings and others.

Meetings of appraisal shall be held in case certain issues in the bills of local rules and regulations with strong professional background need to be feasibly evaluated. The appraisal status shall be reported to the Standing Committee.

Meetings of hearing shall be held in case certain issues in the bills of local rules and regulations have big conflicts or involve major adjustment in the interest relationship that need to be heard. The hearing status shall be reported to the Standing Committee.

A third party evaluation may be introduced in, and opinions of all parties shall be fully listened to in case certain issues in the bills of local rules and regulations meet greater disputes among departments. The evaluation status shall be reported to the Standing Committee.

The legislative working agency of the Standing Committee shall issue copies of the draft bills of local rules and regulations to the deputies to the Municipal People’s Congress in the related fields, the standing committees of district people’s congresses and the relevant departments, organizations and experts to solicit their opinions, and submit the collated opinions to the Law Committee and the special committee concerned and, when necessary, issue them to the Standing Committee meeting.

Article 38

The bill of local rules and regulations placed on the agenda of the Standing Committee meeting shall, after the Standing Committee meeting, be made known to the public together with the descriptions on the legislative background and the principal systems to solicit opinions, with the exception of those bills that have been decided not to be publicized by the meeting of directors. The time period for soliciting opinions from the public shall not be less than 15 days, and the opinion-soliciting status shall be made known to the public.

Article 39

If a bill of local rules and regulations is intended to be proposed to the Standing Committee meeting for deliberation and approval, the working agency of the Standing Committee may, before the Law Committee works out the amendment/revision report, make an evaluation on the feasibility of the major system norms in the draft bill, the appropriate time of promulgating the local rules and regulations, the social effect of implementing the local rules and regulations and the problems likely to come out. The evaluation status shall be stated in the amendment/revision report by the Law Committee.

Article 40

If a proposer asks to retract his/her bill of local rules and regulations on the agenda of the Standing Committee meeting before the bill is put to a vote, he/she shall give reasons, and the deliberation on the bill shall be ceased right away upon a consent by the meeting of directors and after a report to the Standing Committee.

Article 41

When a bill of local rules and regulations on the agenda of the Standing Committee meeting has been suspended for deliberation for two years, or has not been placed again on the agenda of the Standing Committee meeting for deliberation two years after its not being put to a vote temporarily, the meeting of directors may decide to terminate the deliberation and report that to the Standing Committee; when necessary, the meeting of directors may also decide to postpone the deliberation.

Article 42

After the Standing Committee meeting deliberates the amended/revised text of a draft bill of local rules and regulations, the Law Committee shall make a revision based on the deliberation opinions of the Standing Committee members, and put forth a voting text of the draft bill, and then the meeting of directors shall decide to submit it to the plenary meeting of the Standing Committee for a vote.

Article 43

The Standing Committee meeting shall, one day before the vote, issue copies of the voting text to the Standing Committee members and hear the report made by the Law Committee on the amendment/revision of the revised text of the draft bill.

Article 44

The Standing Committee members may, in a group of five or more, jointly put forth in writing a revision bill of the voting text four hours before the opening of the plenary meeting’ voting on the voting text of the draft bill of local rules and regulations, and the meeting of directors shall decide whether or not to move the Standing Committee meeting for a deliberation. In case of not, the meeting of directors shall report to the Standing Committee meeting, and give explanations to the Standing Committee members who have put forth the revision bill.

A revision bill of the voting text of the draft bill of local rules and regulations shall clearly indicate the articles or paragraphs to be revised and the revision reasons.

Article 45

The Standing Committee plenary meeting shall, when voting on a voting text of a draft bill of local rules and regulations, deliberate and vote on a revision bill first, if there is one.

The voting text of a draft bill of local rules and regulations and its revision bill shall be adopted by a vote of more than a half of all the Standing Committee members.

Article 46

The meeting of directors may, before the draft bill of local rules and regulation is submitted to the Standing Committee meeting for voting, decide to submit certain major articles and paragraphs with bigger conflicts in opinions to the Standing Committee meeting for voting separately in accordance with the deliberative status of the Standing Committee meeting.

After the article and paragraphs have been voted separately by the Standing Committee meeting, the meeting of directors may, in accordance with the separate voting status, decide either to submit the draft bill for voting, or not to submit it for voting temporarily, instead, to submit it to the Law Committee and the relevant special committees for further deliberation.

Article 47

Certain articles and paragraphs involving similar matters in several sets of local rules and regulations amended/revised and proposed in one bill may be voted either together or separately upon the decision of the meeting of directors.

Article 48

The Standing Committee shall publish an announcement to promulgate the local rules and regulations adopted by the Standing Committee of the Municipal People’s Congress.

Chapter IV  Interpretation of Local Rules and Regulations

Article 49

The right to interpret the local rules and regulations of this Municipality belongs to the Standing Committee of the Municipal People’s Congress.

When provisions in the local rules and regulations need to be further defined in terms of their specific meanings, or the application basis of the legislation needs to be defined because of the arising of new situations after the formulation of the local rules and regulations, the Sanding Committee shall make the interpretation.

Article 50

The Municipal People’s Government, the Municipal People’s High Court, the Municipal People’s Procuratorate, the special committees of the Municipal People’s Congress and the standing committees of the district people’s congresses may request in writing an interpretation of local rules and regulations from the Standing Committee of the Municipal People’s Congress.

Article 51

The draft bill of the interpretation of the local rules and regulations shall be studied and prepared by the Standing Committee’s legislative working agency, and the submission of the draft bill to the Standing Committee meeting for a deliberation shall be decided by the meeting of directors.

Article 52

After the Standing Committee meeting’s deliberation on the draft bill of the interpretation of the local rules and regulations, the Law Committee shall examine, discuss and amend/revise the draft bill based on the deliberation opinions of the Standing Committee members, and prepare a voting text of the draft bill of the interpretation of the local rules and regulations.

Article 53

The voting text of the draft bill of the interpretation of the local rules and regulations shall be adopted by a vote of more than a half of all the Standing Committee members. The Standing Committee shall promulgate it by publishing an announcement.

Article 54

Both the interpretations of the local rules and regulations by the Standing Committee of the Municipal People’s Congress and the local rules and regulations are equally effective.

Chapter V  Special Provisions on the Formulation of Rules and Regulations of Pudong New Area

Article 55

In order to establish and improve the legal guarantee system adaptable to supporting Pudong’s bold attempts, pioneering and independent reform, promote high-level reform and opening up in Pudong, and build a leading area for socialist modernization,, the Municipal People's Congress and its Standing Committee shall, in accordance with the provisions of the Legislation Law of the People’s Republic of China and the decision of empowerment of the Standing Committee of the National People’s Congress, in line with the provisions of the Constitution and the basic principles of laws and administrative rules and in the light of the rules and regulations of the special economic zones, formulate rules and regulations of Pudong New Area, which may set forth flexible provisions on laws, administrative rules and departmental regulations to be implemented in Pudong New Area.

In formulating rules and regulations of Pudong New Area, a coordination mechanism under the leadership of the CPC Municipal Committee shall be established, the needs of reform and innovation practice in building a special economic functional area throughout Pudong be based on, and the role of innovation and flexibility be given full play, so as to lead and drive the reform and development of relevant fields in the whole Municipality.

Article 56

The Standing Committee of the Municipal People’s Congress shall strengthen the organization and coordination of the legislative work of Pudong New Area. All special committees of the Municipal People’s Congress shall, jointly with the relevant departments of the Municipal People’s Government, and Pudong New Area People’s Government, establish a regular working mechanism for the legislative work of Pudong New Area, and do the relevant work on legislation initiation, drafting, deliberation and implementation promotion of rules and regulations. The relevant working agencies of the Standing Committee of the Municipal People’s Congress shall communicate with the relevant working agencies of the Standing Committee of the National People’s Congress in the process of formulating rules and regulations of Pudong New Area.

The relevant departments of the Municipal People’s Government shall conduct in-depth study of the legislative needs that need to be piloted in Pudong New Area, put forward suggestions on legislative items and organize the drafting , and after examination and approval by the legal affairs department of the Municipal People’s Government, the Municipal People’s Government shall put forward proposals on the bill of rules and regulations of Pudong New Area. In the process of drawing up the draft rules and regulations of Pudong New Area, the Municipal People's Government shall communicate with relevant state departments.

Pudong New Area shall, in the light of the practice of building a leading area, put forward the demands and suggestions for legislative items, draw up the proposed draft rules and regulations of Pudong New Area, and participate in the whole process of the legislative work of Pudong New Area.

Article 57

When putting forward a bill of rules or regulations of Pudong New Area, an explanation shall be made concerning the adaptations of laws, administrative rules and departmental regulations as well as the institutional innovation.

When rules or regulations of Pudong New Area are submitted to the Standing Committee of the National People’s Congress and the State Council for the record, an explanation shall be made concerning the provisions of their adaptations of laws, administrative rules and departmental regulations.

Article 58

When the NPC Standing Committee deliberates a bill of rules and regulations of Pudong New Area, at a meeting, it shall invite the relevant leaders of the Standing Committee of Pudong New Area People’s Congress and the Pudong New Area People’s Government to attend as non-voters.

Article 59

The people’s courts and the people’s procuratorates at all levels of this Municipality shall apply the rules and regulations of Pudong New Area in accordance with law.

The Municipal High People’s Court and the Municipal People’s Procuratorate shall, as needed, formulate normative documents to support the judicial application of the rules and regulations of Pudong New Area, and put forward timely suggestions on the formulation of rules and regulations of Pudong New Area in the light of judicial practice.

Article 60

Pudong New Area People’s Congress and its Standing Committee and Pudong New Area People’s Government may formulate relevant administrative measures in advance in respect of the fields where there are no laws, rules, regulations or clear provisions for the time being, and report them for the record for implementation according to procedures.

The Standing Committee of the Municipal People’s Congress shall establish a regular working mechanism and promptly codify the experience and practices formed in the exploration of the administrative measures into rules and regulations.

Chapter VI  Miscellaneous Provisions

Article 61

The Municipal People’s Congress and its Standing Committee shall adhere to the principles of scientific, democratic and law-based legislation, and through various forms such as formulation, amendment/revision, repeal, interpretation and codification, give full play to the operable, supplementary and experimental role of local legislation.

Article 62

The Standing Committee of the Municipal People’s Congress shall strengthen the overall arrangement of the legislative work through such forms as legislative plans, annual legislative programs and special legislative plans. In drawing up legislative plans and annual legislative programs, it shall carefully study the deputies’ proposals and suggestions, solicit opinions extensively, conduct scientific demonstration and evaluation, and decide on legislative items in light of the needs of economic and social development, democratic and rule of law development, and in accordance with the requirements for strengthening legislation in key areas, emerging areas and foreign-related fields. The legislative plans and annual legislative programs shall be approved by the meeting of directors and be made known to the public.

The legislative working agency of the Standing Committee of the Municipal People’s Congress shall be responsible for the formulation of the legislative plans and the working out of the annual legislative programs, and urge the implementation of the legislative plans and annual legislative programs in accordance with the requirements of the Standing Committee of the Municipal People’s Congress.

Article 63

The Standing Committee of the Municipal People’s Congress shall, according to the actual needs, set up community-level contact points for legislation, and thoroughly hear the opinions of people at the community level and relevant quarters on draft local rules and regulations and the legislative work.

Article 64

The Municipal People’s Congress and its Standing Committee may, according to the needs of coordinated development among regions, establish a mechanism for regional coordinated legislative work in conjunction with the relevant provincial people’s congress and its standing committee to jointly formulate local rules and regulations for implementation within the respective administrative regions or the relevant regions.

Article 65

The draft maker of a bill of local rules and regulations shall, prior to the work, invite the special committees of the Municipal People’s Congress and the working agency of the Sanding Committee to participate in the drafting; the drafting of the integrative, overall, essential and other major bills of local rules and regulations shall be organized by the relevant special committees or the working agency of the Standing Committee.

The drafting of a bill of local rules and regulations with strong professional background shall take in the experts in the related fields, or be entrusted to the relevant experts, educational and scientific units and social organizations.

Article 66

The Municipal People’s Congress and its Standing Committee may, in accordance with the requirements of the reform and development, decide to temporarily adjust or suspend the application of certain provisions of local rules and regulations for specific matters within the prescribed time period and scope.

Where temporary adjustment or suspension of partial provisions of local rules or regulations is proved feasible in practice, the Municipal People’s Congress and its Standing Committee shall promptly amend/revise the relevant local rules or regulations; where the conditions for amending/revising the local rules or regulations are not ripe, the period for the temporary adjustment or temporary suspension of application may be extended, or implementation of the provisions of the relevant local rules or regulations may be resumed.

Article 67

Before a bill of local rules and regulations is submitted to the Municipal People’s Congress or the Standing Committee for a deliberation, the government organ and/or the department that proposes the bill shall coordinate different opinions on the major issues in the draft bill.

The submission of a bill of local rules and regulations to the Municipal People’s Congress or the Standing Committee shall be accompanied with a presentation and necessary reference materials in addition to the draft bill. A bill on the amendment to or revision of local rules and regulations shall be submitted together with an original copy in addition to the new draft for a contrastive reading. The presentation on a draft bill shall state clearly the basis, necessity, feasibility and main contents of the rules and regulations, and the coordination result on the settlement of important conflicts in opinions in the process of the drafting.

Article 68

Before a bill of local rules and regulations submitted to the Municipal People’s Congress and its Standing Committee is placed on the agenda of the meeting, the proposer has the right to retract the bill.

Article 69

When the various deputations of the Municipal People’s Congress or the group meetings of the Standing Committee deliberate a bill of local rules and regulations, the proposer shall assign persons to hear the opinions and answer the inquiries.

When the various deputations or the group meetings of the Standing Committee deliberate a bill of local rules and regulations, the organ or organization concerned shall, at the request of the deputations or groups, assign a person to give a presentation.

Article 70

The special committee shall, when deliberating a bill of local rules and regulations, hold a plenary meeting, and may, if necessary, request the organ or organization concerned to assign a related person-in-charge to give a presentation.

Article 71

If bills of local rules and regulations have been put to a vote at the Municipal People’s Congress or the Standing Committee’s plenary meeting but failed the vote, the proposers may, if they still consider that the rules and regulations must be formulated and the requirements for the submission for a deliberation are met, put forth the bills again according to the procedures provided in these Regulations six months after the vote. The presidium shall decide whether to place them on the agenda of the meeting, or the meeting of directors shall decide whether to submit them to the Standing Committee meeting for a deliberation; among them, the bills that have failed the vote at the Municipal People’s Congress shall be submitted to the Municipal People’s Congress for a decision after its deliberation.

Article 72

All local rules and regulations shall specify the date of implementation.

Article 73

The explanatory notes to the title of the local rules and regulations shall indicate clearly the formulation organ and the adoption date. The amended/revised local rules and regulations shall indicate clearly the amendment/revision organ and the date of the amendment/revision successively.

Article 74

The adoption of a decision on a legal issue by the Municipal People’s Congress and its Standing Committee shall be implemented according to the relevant procedures provided in these Regulations.

Article 75

The announcement of the presidium of the Municipal People’s Congress and the announcement of the Standing Committee that publish the local rules and regulations of this Municipality shall state clearly the organ that formulates the rules and regulations and the date of adoption and implementation.

After the adoption of local rules and regulations of this Municipality, the text thereof, the interpretation of the relevant draft, and the report on the deliberation opinions shall be published promptly in the Gazette of the Standing Committee of Shanghai Municipal People’s Congress, the Website of the National People’s Congress of the People’s Republic of China, the Public Website of Shanghai Municipal People’s Congress, the Jie Fang Daily and the Legal Daily.

The text of the local rules and regulations published in the Gazette of the Standing Committee shall be the standard text.

Article 76

Where the local rules and regulations have a definite provision requesting certain state organs to work out concrete supplementary provisions on specific matters, the relevant state organs shall work out the provisions within one year from the date of the implementation of the local rules and regulations. Where the local rules and regulations have already had a provision on the time limit of working out the supplementary provisions, such a provision shall apply. Any state organ that fails to work out the supplementary provisions within the prescribed time limit shall give reasons to the Standing Committee.

Article 77

The relevant special committees of the Municipal People’s Congress and the working agencies of the Standing Committee may organize a post-legislation evaluation on the local rules and regulations concerned, or on the related provisions in the rules and regulations. The evaluation situation shall be reported to the Standing Committee.

Article 78

The local rules and regulations adopted by the Municipal People’s Congress and its Standing Committee shall be reported to the Standing Committee of the National People’s Congress and the State Council for the record within 30 days from the promulgation date.

Article 79

The working agencies of the Standing Committee of the Municipal People’s Congress shall strengthen the publicity of legislation, and release legislative information, introduce the situation and respond to the concerns in various forms.

Article 80

The legislative working agency of the Standing Committee of the Municipal People’s Congress shall compile the technical standards for local legislation of this Municipality.

Article 81

For the inquiries about the specific matters concerning the implementation of the local rules and regulations of this Municipality, the legislative working agency of the Sanding Committee shall give a reply after a study, and report to the Standing Committee for the record.

Article 82

The various special committees of the Municipal People’s Congress and the various working agencies of the Standing Committee shall, according to the principle of maintaining a unified legal system, the requirements of reform and development, and their respective duties, by the method of combining the prompt check-up with the overall and specific check-up, check up on relevant local rules and regulations in time, and put forth their proposals; and the legislative working agency of the Standing Committee shall gather the proposals and present a report on the check-up to the meeting of directors. If any content in the local rules and regulations is in conflict with laws or administrative rules or out of line with reality or relevant rules or regulations, the legislative working agency shall make a suggestion on the amendment/revision or repeal.

The Municipal People's Government and its working departments, the Municipal High and Intermediate People’s Courts, and the Municipal People’s Procuratorate and its branches shall, according to the implementation of the local rules and regulations, make suggestions on the check-up of the rules and regulations to the Sanding Committee of the Municipal People’s Congress.

Article 83

The procedures for amending/revising or repealing local rules and regulations shall follow the related provisions under Chapters 2, 3 and 6 of these Regulations.

In case of an amendment to or a revision of the local rules and regulations, the new text shall be published.

In case of a repeal of the local rules and regulations, the repeal shall be published, except that the repeal has been made by the provision of other local rules and regulations.

Article 84

Where a draft bill of local rules and regulations is not in conformity with the relevant provisions in other local rules and regulations, the proposer shall give explanations and put forward handling opinions, and if necessary, the proposer shall simultaneously present a bill on the amendment to or revision or repeal of the relevant provisions in other local rules and regulations.

The Law Committee and the relevant special committees shall put forward their handling opinions if they deem that certain provisions in other existing local rules and regulations need to be amended/revised or repealed in the process of their deliberation of the present local rules and regulations.

Chapter VII  Supplementary Provisions

Article 85

These Regulations shall be effective as of March 1, 2001. The Provisions on the Procedures for the Standing Committee of Shanghai Municipal People’s Congress to Formulate Local Rules and Regulations shall be repealed on the same date.