Amendment to the "Regulations for the Implementation of the Standardization Law of the People's Republic of China" to take effect from May 1

Order of the State Council of the People's Republic of China  

No. 777

The "Decision of the State Council on Amending and Abolishing Certain Administrative Regulations" was adopted at the 25th executive meeting of the State Council on February 2, 2024, and is hereby promulgated, effective from May 1, 2024.

Premier Li Qiang

March 10, 2024

Decision of the State Council on Amending and Abolishing Certain Administrative Regulations

To implement the spirit of the 20th National Congress of the Communist Party and the Second Plenary Session of the 20th Central Committee, to implement the spirit of the reform of Party and state institutions, to fully, accurately, and comprehensively implement the new development philosophy, accelerate the construction of a new development pattern, and focus on promoting high-quality development, the State Council has conducted a review of the relevant administrative regulations. After the review, the State Council decides:

1. To amend certain provisions of 8 administrative regulations. (Attachment 1)

2. To abolish 13 administrative regulations. (Attachment 2)

This decision shall take effect from May 1, 2024.

Attachment: 1. Administrative regulations amended by the State Council's decision

　　　2. Administrative regulations abolished by the State Council's decision

Attachment 1

Administrative regulations amended by the State Council's decision

1. In Articles 7, 8, 9, and 10 of the "Regulations on Teaching Achievement Awards," change "National Education Commission" to "Education Administrative Department of the State Council."

2. Delete "Ministry of Posts and Telecommunications" from the first paragraph of Article 6 of the "Interim Provisions on the Administration of the International Networking of Computer Information Networks of the People's Republic of China."

In the first paragraph of Article 7, change "Ministry of Posts and Telecommunications, Ministry of Electronics Industry, National Education Commission" to "Telecommunications Authority of the State Council, Education Administrative Department."

3. In Articles 1 and 29 of the "Interim Regulations on Real Estate Registration," change "Property Law of the People's Republic of China" to "Civil Code of the People's Republic of China."

In the first paragraph of Article 6, the third paragraph of Article 7, the second paragraph of Article 8, the first paragraph of Article 23, and Article 34, change "Land and Resources Authority" to "Natural Resources Authority."

In the first paragraph of Article 24, change "Departments of Agriculture, Forestry, Ocean, etc." to "Departments of Agriculture and Rural Affairs, Forestry and Grassland, etc."

In Article 25, change "Departments of Land and Resources, Public Security, Civil Affairs, Finance, Taxation, Industry and Commerce, Finance, Audit, Statistics, etc." to "Departments of Natural Resources, Public Security, Civil Affairs, Finance, Taxation, Market Supervision, Finance, Audit, Statistics, etc."

4. In Articles 4 (first paragraph), 5 (second paragraph), 9 (third paragraph), 11, 14, 15 (third paragraph), 17, 22, 26 to 37, 39 to 43, and 45 of the "Regulations on the Administration of Human Genetic Resources of the People's Republic of China," change "Science and Technology Administrative Department of the State Council" to "Health and Wellness Authority of the State Council."

In Article 4 (second paragraph), Article 17, Article 22 (second paragraph), Articles 33 to 35, Article 39, Article 43, and Article 45, change "Science and Technology Administrative Departments of the People's Governments of Provinces, Autonomous Regions, and Municipalities" to "Human Genetic Resources Authorities of the People's Governments of Provinces, Autonomous Regions, and Municipalities."

In Article 38, change "Science and Technology Administrative Department" to "Human Genetic Resources Authority."

5. In the third item of the first paragraph of Article 33 of the "Regulations on the Registration and Administration of Permanent Representative Offices of Foreign Enterprises," change "Relevant matters issued by Customs and Foreign Exchange Departments" to "Relevant matters issued by Customs."

6. Delete the first paragraph of Article 29, Articles 35, 36, and 43 of the "Implementation Regulations of the Standardization Law of the People's Republic of China."

Delete "or impose administrative sanctions on the responsible party" in Article 32, and "impose administrative sanctions and may" in the third paragraph of Article 33.

The fourth paragraph of Article 33 is amended to: "The order to stop production stipulated in this article shall be decided by the relevant administrative department; other administrative penalties shall be decided by the market supervision department."

7. In Articles 2, the first paragraph of Article 5, the first paragraph of Article 6, Article 7, the first paragraph of Article 8, the second paragraph of Article 10, the first paragraph of Article 13, Articles 14, 15, and 24 of the "Interim Regulations on Enterprise Information Disclosure," change "Industrial and Commercial Administrative Department" to "Market Supervision Department."

In the first paragraph of Article 5, the first paragraph of Article 6, the second paragraph of Article 7, the first paragraph of Article 8, the first paragraph of Article 10, the third paragraph of Article 14, the second paragraph of Article 15, and the first paragraph of Article 24, change "Enterprise Credit Information Disclosure System" to "National Enterprise Credit Information Disclosure System."

Add an article as Article 16: "The Market Supervision Department may exercise the following powers to investigate and deal with suspected violations of this regulation:

(1) Enter the business premises of the enterprise to conduct on-site inspections;

(2) Review, copy, and collect contracts, invoices, account books, and other materials related to the enterprise's business activities;

(3) Investigate and understand the situation from units and individuals related to the enterprise's business activities;

(4) Lawfully inquire into the bank accounts of enterprises suspected of violations;

(5) Other powers prescribed by laws and administrative regulations.

The Market Supervision Department shall obtain approval from its main responsible person before exercising the power stipulated in item 4 of the preceding paragraph.

Article 17 is changed to Article 18 and amended to: "If an enterprise fails to disclose its annual report within the period prescribed by this regulation or fails to disclose relevant enterprise information within the period ordered by the Market Supervision Department, the Market Supervision Department at or above the county level shall list it in the business exception directory and impose administrative penalties according to law. If an enterprise is listed in the business exception directory for two consecutive years due to failure to submit annual reports as required and fails to correct it, and cannot be contacted through its registered address or business premises, the Market Supervision Department at or above the county level shall revoke its business license.

If an enterprise conceals the truth or falsifies disclosed information, and if laws or administrative regulations provide for penalties, those provisions shall apply; if not, the Market Supervision Department shall order correction and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan; if the circumstances are serious, a fine of not less than 50,000 yuan but not more than 200,000 yuan shall be imposed, the enterprise shall be listed in the serious illegal and untrustworthy list of the Market Supervision Department, and its business license may be revoked. The legal representatives and persons in charge of enterprises listed in the serious illegal and untrustworthy list shall not serve as legal representatives or persons in charge of other enterprises within three years.

After a company's business license is revoked, it shall handle the cancellation registration in accordance with the law; if the cancellation registration is not handled, the market supervision and administration department shall deal with it according to law.

Article 18 is changed to Article 19, and the term "List of Seriously Illegal Enterprises" is changed to "List of Seriously Illegal and Dishonest Market Supervision".

Add an article as Article 20: "Encourage enterprises to proactively correct illegal and dishonest behaviors, eliminate adverse effects, and apply for restoration of dishonesty records according to law. Government departments that lawfully lift related management measures and restore dishonesty records shall promptly share the above information with relevant departments."

VIII. In Article 8 Paragraph 1 and Article 33 Paragraph 1 of the Regulations on the Administration of Import and Export of Goods of the People's Republic of China, change "Article 17 of the Foreign Trade Law" to "Article 16 of the Foreign Trade Law"; in Article 10 Paragraph 1 and Article 35 Paragraph 1, change "Article 16 of the Foreign Trade Law" to "Article 15 of the Foreign Trade Law"; in Article 57, change "Articles 16 and 17 of the Foreign Trade Law" to "Articles 15 and 16 of the Foreign Trade Law."

Delete in Article 64 and Article 66 the phrase "the State Council's foreign economic and trade competent department may revoke its foreign trade operation license"; in Article 65 and Article 68 the phrase "the State Council's foreign economic and trade competent department may suspend or revoke its foreign trade operation license"; in Article 67 the phrase "the State Council's foreign economic and trade competent department may suspend or revoke its foreign trade operation license."

In Article 68, change "Industrial and Commercial Administrative Authority" to "Market Supervision and Administration Department."

In addition, make corresponding adjustments to the article numbers in related administrative regulations.

Attachment 2

Administrative Regulations Abolished by the State Council

1. Regulations on Labor Insurance of the People's Republic of China (Promulgated by the Government Administration Council on February 26, 1951; Revised and Promulgated by the Government Administration Council on January 2, 1953)

2. Coal Delivery Measures (Revised by the Ministry of Coal Industry and the Ministry of Railways; Approved and Transmitted by the State Council on December 6, 1965)

3. Regulations on Rationalization Proposals and Technical Improvement Rewards (Issued by the State Council on March 16, 1982; Revised and Issued by the State Council on June 4, 1986)

4. Regulations on Environmental Protection for Observations at Benchmark Climate Stations (Formulated by the National Meteorological Bureau; Forwarded by the General Office of the State Council on December 18, 1985)

5. Regulations on Verification and Management of Electrical Measurement and Thermal Measurement Instruments and Devices by Water Conservancy and Electric Power Departments (Approved by the State Council on May 12, 1986; Issued by the National Metrology Bureau and the Ministry of Water Resources and Electric Power on June 1, 1986)

6. Regulations on the Work of Factory Directors of State-Owned Industrial Enterprises (Issued by the Central Committee of the Communist Party of China and the State Council on September 15, 1986; Revised according to the State Council's Decision on Abolishing and Amending Some Administrative Regulations on January 8, 2011)

7. Interim Provisions on the Implementation of the Technician Appointment System (Approved by the State Council on June 6, 1987; Issued by the Ministry of Labor and Personnel on June 20, 1987)

VIII. Regulations on Equipment Management of State-Owned Industrial and Transportation Enterprises (Issued by the State Council on July 28, 1987)

IX. Interim Regulations on the Contract Responsibility System for State-Owned Industrial Enterprises (Issued by the State Council on February 27, 1988; First revision according to the State Council's Decision on Amending Article 21 of the Interim Regulations on February 24, 1990; Second revision according to the State Council's Decision on Abolishing and Amending Some Administrative Regulations on January 8, 2011)

X. Interim Regulations on Leasing Operations of State-Owned Small Industrial Enterprises (Issued by Order No. 2 of the State Council of the People's Republic of China on June 5, 1988; Revised according to the State Council's Decision on Amending Article 22 of the Interim Regulations on February 24, 1990)

XI. Regulations on the Transformation of the Operating Mechanism of State-Owned Industrial Enterprises (Issued by Order No. 103 of the State Council of the People's Republic of China on July 23, 1992; Revised according to the State Council's Decision on Abolishing and Amending Some Administrative Regulations on January 8, 2011)

XII. Implementation Regulations of the Soil and Water Conservation Law of the People's Republic of China (Issued by Order No. 120 of the State Council of the People's Republic of China on August 1, 1993; Revised according to the State Council's Decision on Abolishing and Amending Some Administrative Regulations on January 8, 2011)

XIII. Interim Measures for Audit Supervision of Central Budget Execution (Issued by Order No. 181 of the State Council of the People's Republic of China on July 19, 1995)