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Notice of the General Office of the State Council on Issuing the 2017 Legislative Work Plan of the State Council [Effective]
国务院办公厅关于印发国务院2017年立法工作计划的通知 [现行有效]
【法宝引证码】

Notice of the General Office of the State Council on Issuing the 2017 Legislative Work Plan of the State Council 

国务院办公厅关于印发国务院2017年立法工作计划的通知

(No. 23 [2017] of the General Office of the State Council) (国办发〔2017〕23号)

The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government; all ministries and commissions of the State Council; and all institutions directly under the State Council: 各省、自治区、直辖市人民政府,国务院各部委、各直属机构:
With the approval of the CPC Central Committee and the State Council, the 2017 Legislative Work plan of the State Council is hereby issued to you. The year 2017 is an important year for the implementation of the 13th Five-Year Plan and a year to deepen the advancement of the supply-side structural reform. In this year, the governmental guiding ideology for legislative work is to, under the strong leadership of the Central Committee of the Communist Party of China centering on Xi Jinping, by comprehensively implementing the 18th CPC National Congress and the Third, Fourth, Fifth and Sixth Plenary Sessions of the 18th CPC Central Committee, guided by the Deng Xiaoping Theory, the important thoughts of “Three Represents” and the Scientific Outlook on Development, by studying and implementing in depth the spirit of a series of important speeches delivered by the General Secretary Xi Jinping and his new vision, thinking, and strategies for the governance of China, advance the overall layout for “economic, political, cultural, social, and ecological progress” and Four-Pronged Comprehensive Strategy in an overall and coordinated manner, the general tone of “seeking improvement in stability” shall be adhered to, strengthen the legislation in key fields, enhance the efficiency and quality of legislation, and make efforts to provide strong law-based service and support for the overall situation of reform, development and stability, so as to celebrate the successful holding of the 19th CPC Congress with outstanding achievements. In compliance with this guiding ideology and in light of the new situation and tasks facing currently, the following opinions are offered to effectively complete the 2017 legislative work of the State Council. 《国务院2017年立法工作计划》已经党中央、国务院同意,现印发给你们。2017年是实施“十三五”规划的重要一年和推进供给侧结构性改革的深化之年,政府立法工作总的指导思想是:在以习近平同志为核心的党中央坚强领导下,全面贯彻党的十八大和十八届三中、四中、五中、六中全会精神,以邓小平理论、“三个代表”重要思想、科学发展观为指导,深入学习贯彻习近平总书记系列重要讲话精神和治国理政新理念新思想新战略,统筹推进“五位一体”总体布局和协调推进“四个全面”战略布局,坚持稳中求进工作总基调,加强重点领域立法,不断提高立法质量和效率,努力为改革发展稳定大局做好法治服务和保障,以优异成绩迎接党的十九大胜利召开。遵循这一指导思想,结合当前面临的新形势、新任务,现就做好国务院2017年立法工作提出以下意见:
I. Adhering to the leadership of the CPC in the legislative work   一、坚持党对立法工作的领导
In the legislative work, the keen awareness of the need to maintain political integrity, think in big-picture terms, uphold the leadership core, and keep in alignment shall be firmly built, and a high degree of consensus shall be reached with the Central Committee of the CPC centering on Xi Jinping in terms of thinking, political stand, and action. The leadership of the Party shall run throughout the whole process of the legislative work, the correct political orientation shall be adhered to in the legislative work, and the major decisions and arrangements made by the CPC Central Committee and the State Council shall be firmly implemented, so as to provide strong legal guarantees and creating a favorable legal environment for advancing the overall layout for “balanced economic, political, cultural, social, and ecological progress” and the Four-Pronged Comprehensive Strategy in a coordinated manner. The Opinions of the CPC Central Committee on Strengthening the Legislative Work Led by the CPC shall be implemented effectively, and the development of supporting laws, regulations and rules in the field of politics as well as major laws, regulations and rules involving major systems and major policy adjustments shall be reported as required in a timely manner. 立法工作要牢固树立政治意识、大局意识、核心意识、看齐意识,在思想上政治上行动上坚决与以习近平同志为核心的党中央保持高度一致。要把党的领导贯穿到立法工作的全过程,坚持立法工作正确的政治方向,坚决贯彻落实党中央、国务院各项重大决策部署,为统筹推进“五位一体”总体布局和协调推进“四个全面”战略布局,提供有力的法治保障,创造良好的法治环境。认真贯彻执行党中央关于加强党领导立法工作的意见,制定政治方面法律的配套法规规章,以及涉及重大体制和重大政策调整的重要法律法规规章,要按照规定及时报告。
II. Adhering to the general tone of “seeking improvement in stability” and giving a high priority to legislative projects urgently needed for comprehensively deepening the reform   二、坚持稳中求进工作总基调,把全面深化改革急需的项目作为重中之重
Stability is of primary tone and overarching significance, under which progress are made in key fields to deliver better results at an appropriate extent for stabilizing growth, promoting reform, adjusting structure, improving people's livelihood, and preventing risks. The strategic focus shall be maintained and problem-oriented and bottom-line thinking shall be adhered to, the deep-seated contradictions and problems in economic and social development shall be better solved, so as to provide legal guarantees for maintaining steady and sound economic development as well as social harmony and stability. The legislative work shall be targeted at ensuring that macro policies keep stable, industrial policies are targeted, micro policies are flexible, reform policies are practical, and that basic living needs are met based on social policies. 稳是主基调,稳是大局,在稳的前提下要在关键领域有所进取,在把握好度的前提下奋发有为,做好稳增长、促改革、调结构、惠民生、防风险各项工作。保持战略定力,坚持问题导向、底线思维,更好地解决经济社会发展中的深层次矛盾和问题,为保持经济平稳健康发展和社会和谐稳定提供法治保障。从宏观政策要稳、产业政策要准、微观政策要活、改革政策要实、社会政策要托底等方面,有针对性地做好立法工作。
In the deepening of the major reform in key fields, a high priority shall be given to sparing no time in handling the legislative projects expressly required to be completed in 2017 in major decisions and arrangements for the implementation of “13th Five-Year” Plan, the advancement of the supply-side structural reform, the reform of the simplification of administrative procedures, the combination of decentralization and control, and the optimization of services, as well as national defense and military reform, etc., and the important documents or plans of the CPC Central Committee and the State Council as well as those to be issued without delay as required by the instructions from the leading comrades of the CPC Central Committee and the State Council, and the tasks of drafting and reviewing such legislative projects shall be completed as soon as possible. Those legislative projects in terms of adapting the new normal of economic development, promoting the sustained and healthy economic growth and opening-up, ensuring and improving the people's livelihood, promoting social harmony and stability, attaching equal importance to material civilization and spiritual civilization, promoting cultural development, improving the ecological environment, conserving energy and resources, implementing national security strategies, maintaining national security, regulating administrative acts and enhancing the self-construction of governments shall be completed without delay. 深化关键领域的重点改革,将贯彻落实“十三五”规划,推进供给侧结构性改革、“放管服”改革、国防和军队改革等方面的重大决策部署,党中央、国务院有关重要文件或者规划明确要求2017年完成的立法项目,以及党中央、国务院领导同志批示要求抓紧出台的立法项目,作为重中之重,抓紧办理,尽快完成起草和审查任务。抓紧完成有关适应经济发展新常态要求、促进经济平稳健康发展和对外开放,保障和改善民生、促进社会和谐稳定,坚持物质文明精神文明并重、促进文化发展,着力改善生态环境、节约能源资源,实施国家安全战略、维护国家安全,规范行政行为、加强政府自身建设等方面的立法项目。
III. Further improving the quality of legislation   三、进一步提高立法质量
The departments of the State Council shall draft laws and regulations in consideration of the reality of China, the perspective of maintaining fundamental interests of the people and the overall situation of reform, development and stability. In the drafting of draft laws, regulations and rules, the departments of the State Council and the local people's governments with legislative power shall conscientiously listen to the opinions of the relevant parties and pay attention to listening to the opinions of the basic-level mass, basic-level law enforcement organs and the parties subject to administration. They shall further expand research channels, find more diversified means of research, and innovate research methods, fully understand the outstanding problems in practice and their reasons, clarify the interests of the parties concerned, comprehensively consider the benefits and disadvantages of different programs, and make efforts to develop a system which can effectively resolve practical problems and take into consideration the interests of the parties as far as possible. They shall give equal consideration to the quality and efficiency of legislation, and strengthen the coordination to make breakthroughs on key and difficult issues, to promote the timely issuance of the laws, regulations and rules urgently needed to promote reform, development, and stability. 国务院各部门起草法律法规草案,要从中国的实际出发,从维护人民群众根本利益出发,从改革发展稳定的大局出发。国务院各部门和有立法权的地方人民政府起草法律法规规章草案,要认真听取有关方面意见,注重听取基层群众、基层执法机关和行政管理相对人的意见。进一步拓展调研渠道、丰富调研手段、创新调研方法,充分掌握实践中存在的突出问题及其原因,搞清楚相关各方的利益诉求,统筹考虑不同方案的利弊得失,努力设计出能够有效解决实际问题、尽可能兼顾各方利益诉求的制度规定。强调立法质量的同时,要兼顾效率,加强对重点难点问题的协调攻关,推动改革发展稳定迫切需要的法律法规规章及时出台。
When drafting laws and administrative regulations, the departments of the State Council shall release such drafts to the public to solicit public opinions on their own websites or through other media before submitting them to the State Council, unless they have confirmed with the approval of the Legislative Affairs Office of the State Council through consultation that, the Legislative Affairs Office of the State Council will, after submission, release such drafts to solicit public opinions on the website of the Legislative Affair Office of the State Council or through other media, or report to the State Council for approval for not releasing such drafts to solicit public opinions. If the relevant laws and regulations are to be revised extensively, the relevant departments shall conduct assessment on the implementation of the existing laws and regulations. 国务院各部门起草法律法规草案,除商国务院法制办同意,明确在上报后由国务院法制办通过中国政府法制信息网或者其他媒体向社会公布征求意见,或者由国务院法制办报国务院批准不公布征求意见的外,各部门应当在上报前将法律法规草案通过本部门网站或者其他媒体向社会公布征求意见。拟全面修改有关法律法规的,有关部门应当对现行法律法规的实施情况进行评估。
IV. Conscientiously organizing the implementation of the legislation plan   四、认真组织实施立法计划
The drafting departments shall attach great importance to the implementation of this legislative plan and effectively strengthen the organization and leadership. For the legislative projects expressly required to be completed in 2017 by the relevant important documents or plans of the CPC Central Committee and the State Council, the drafting departments shall work out specific work plans, specify the division of responsibilities and improve work efficiency; for the key and difficult issues encountered during the drafting process, they shall further research and fully demonstrate such issues, and strengthen communication and consultation with the relevant departments, so as to strive to reach a consensus; before submitting the drafts for the review of the legislative projects to the State Council, they shall take the initiative to communicate with the Legislative Affairs Office of the State Council. 起草部门要高度重视立法计划的执行,切实加强组织领导。对于党中央、国务院有关重要文件或者规划明确要求2017年完成的立法项目,起草部门要制定具体工作方案,明确责任分工,提高工作效率;对于起草过程中的重点难点问题,要深入研究、充分论证,加强与有关部门的沟通协商,力争达成共识;在向国务院上报立法项目送审稿前,应当主动与国务院法制办沟通。
The Legislative Affairs Office of the State Council shall follow up the information on the implementation of this legislative plan and the progress of the promotion of the relevant work in the relevant departments, and effectively strengthen organization, coordination, supervision, and guidance. For those legislative projects not included in this Legislative Plan and are being studied, the relevant departments shall gain insight into the actual circumstances and provide practical solutions to the problems, and the Legislative Affairs Office of the State Council shall actively provide support and assistance. 国务院法制办要及时跟踪了解各部门落实立法计划、推进相关工作的进展情况,切实加强组织协调和督促指导。有关部门对于没有列入立法计划、正在研究的立法项目,要深入了解掌握实际情况,提出切实解决问题的办法,国务院法制办要积极支持配合。
General Office of the State Council 国务院办公厅
February 27, 2017 2017年2月27日
2017 Legislative Work Plan of the State Council 国务院2017年立法工作计划
In accordance with the spirit of the 18th National Congress of the Communist Party of China (“CPC”), the Third, Fourth, Fifth and Sixth Plenary Sessions of the 18th CPC Central Committee and the Central Economic Work Conference as well as the requirements for the overall working arrangements and major tasks in 2017 determined by the CPC Central Committee and the State Council, the key legislations of the State Council in 2017 will focus on the central tasks of the CPC Central Committee and the State Council, give priority to the implementation of the tasks as specified in the Decision of the CPC Central Committee on Several Major Issues concerning Comprehensively Deepening the Reform, the Decision of the CPC Central Committee on Major Issues Pertaining to Comprehensively Promoting the Rule of Law, the Outline of the 13th Five-Year Plan for Economic and Social Development of the People's Republic of China and the Government Work Report, and, in a timely manner, complete legislative projects in terms of advancing the smooth and healthy economic growth, safeguarding and improving the people's livelihood, promoting the development of culture, making efforts to improve ecological environment, maintaining national security and enhancing the self-construction of governments. We hereby make the following specific arrangements: 根据党的十八大和十八届三中、四中、五中、六中全会以及中央经济工作会议精神,按照党中央、国务院确定的2017年工作总体部署和主要任务的要求,国务院2017年立法工作重点是:紧紧围绕党中央、国务院2017年的中心工作,把贯彻落实《中共中央关于全面深化改革若干重大问题的决定》、《中共中央关于全面推进依法治国若干重大问题的决定》、《中华人民共和国国民经济和社会发展第十三个五年规划纲要》和《政府工作报告》确定的任务作为重中之重,及时完成有关促进经济平稳健康发展、保障和改善民生、促进文化发展、着力改善生态环境、维护国家安全、加强政府自身建设等方面的立法项目。具体安排如下:
I. Legislative projects urgently needed for comprehensively deepening the reform.   一、全面深化改革急需的项目
For the purpose of implementing the major decisions and arrangements for the 13th Five-Year Plan and the advancement of the supply-side structural reform, the legislative projects determined by the CPC Central Committee and the State Council shall be handled without delay and the tasks of drafting and reviewing such legislative projects shall be completed according to the progress and plan of the reform. Such legislative projects shall mainly include: the Law on the Administration of Tax Collection (Revision) (jointly drafted by the State Administration of Taxation and the Ministry of Finance), the Standardization Law (Revision) (drafted by the General Administration of Quality Supervision, Inspection and Quarantine), the Community Correction Law (drafted by the Ministry of Justice), the Export Control Law (drafted by the Ministry of Commerce), the Tobacco Tax Leaf Law (jointly drafted by the Ministry of Finance and the State Administration of Taxation), the Law on Vessel Tonnage Dues (jointly drafted by the Ministry of Finance and the General Administration of Customs), the Atomic Energy Law (drafted by the State Administration of Science, Technology and Industry for National Defense), the Cryptography Law (drafted by the State Cryptography Administration), the Regulations on the Administration of Housing Accumulation Funds (Revision) (drafted by the Ministry of Housing and Urban-Rural Development), the Regulations on the Administration of Construction Project Environmental Protection (Revision) (drafted by the Ministry of Environmental Protection), the Measures for the Investigation and Punishment of Business Operations without Business Permit or License (drafted by the State Administration for Industry and Commerce), the Regulation on the Permanent Residence for Foreigners (drafted by the Ministry of Public Security), the Regulation on Involuntary Medical Treatment Clinics (drafted by the Ministry of Public Security), the Regulation on Religious Affairs (Revision) (drafted by the State Administration for Religious Affairs), the Regulation on Voluntary Services (drafted by the Ministry of Civil Affairs), the Regulation on the Administration of Foundations (Revision) (drafted by the Ministry of Civil Affairs), the Regulation on the Registration Administration of Social Organizations (Revision) (drafted by the Ministry of Civil Affairs), the Interim Regulation on the Registration Administration of Non-enterprise Private Entities (Revision) (drafted by the Ministry of Civil Affairs), the Regulation on the Administration of Administrative Divisions (drafted by the Ministry of Civil Affairs), the Regulation on the Human Resources Market (drafted by the Ministry of Human Resources and Social Security), the Regulation on Unemployment Insurance (Revision) (drafted by the Ministry of Human Resources and Social Security), the Regulation on Government Investment (drafted by the National Development and Reform Commission), the Interim Regulation on the Administration of Construction of Halls and Guesthouses (Revision) (drafted by the National Development and Reform Commission), the Regulation on the Administration of Financing Guarantee Companies (drafted by the China Banking Regulatory Commission), the Interim Regulation on the Administration of Private Equity Investment Funds (drafted by the China Securities Regulatory Commission), the Regulation on the Supervision and Inspection of Administrative Organs (jointly drafted by the General Office and the Legislative Affairs Office of the State Council), the Regulation on the Disclosure of Government Information (Revision) (jointly drafted by the General Office and the Legislative Affairs Office of the State Council), the Interim Regulation on Major Administrative Decision-Making Procedures (drafted by the Legislative Affairs Office of the State Council), the Regulation on the Introduction of Private Capital into Infrastructure and Public Service Projects (jointly drafted by the Legislative Affairs Office of the State Council, the National Development and Reform Commission and the Ministry of Finance), the Regulation on Procedures for the Formulation of Administrative Regulations (Revision) (drafted by the Legislative Affairs Office of the State Council), and the Regulation on Procedures for the Formulation of Rules (Revision) (drafted by the Legislative Affairs Office of the State Council). Efforts shall also be made to conduct research and promote the unification of laws and regulations on domestic and foreign investors as well as other legislative projects involving the reform for promoting the simplification of administrative procedures, decentralization of powers, combination of decentralization with appropriate control, and optimization of services and the reforms for highway administration, the rental housing market, the state security review of foreign investment, the comprehensive administrative law enforcement of the culture market and other aspects. The administrative regulations needed to be developed and revised for deepening the national defense and military reform shall be submitted at appropriate time to the State Council and the Military Commission of the Central Committee for deliberation.
......
 为贯彻落实“十三五”规划、推进供给侧结构性改革等方面的重大决策部署,对党中央、国务院确定的立法项目,要根据改革进程和改革方案,抓紧办理,尽快完成起草和审查任务。这类项目主要有:税收征收管理法(修订)(税务总局、财政部起草),标准化法(修订)(质检总局起草),社区矫正法(司法部起草),出口管制法(商务部起草),烟叶税法(财政部、税务总局起草),船舶吨税法(财政部、海关总署起草),原子能法(国防科工局起草),密码法(密码局起草),住房公积金管理条例(修订)(住房城乡建设部起草),建设项目环境保护管理条例(修订)(环境保护部起草),无证无照经营查处办法(工商总局起草),外国人永久居留管理条例(公安部起草),强制医疗所条例(公安部起草),宗教事务条例(修订)(宗教局起草),志愿服务条例(民政部起草),基金会管理条例(修订)(民政部起草),社会团体登记管理条例(修订)(民政部起草),民办非企业单位登记管理暂行条例(修订)(民政部起草),行政区划管理条例(民政部起草),人力资源市场条例(人力资源社会保障部起草),失业保险条例(修订)(人力资源社会保障部起草),政府投资条例(发展改革委起草),楼堂馆所建设管理暂行条例(修订)(发展改革委起草),融资担保公司管理条例(银监会起草),私募投资基金管理暂行条例(证监会起草),行政机关督查工作条例(国务院办公厅、法制办起草),政府信息公开条例(修订)(国务院办公厅、法制办起草),重大行政决策程序暂行条例(法制办起草),基础设施和公共服务项目引入社会资本条例(法制办、发展改革委、财政部起草),行政法规制定程序条例(修订)(法制办起草),规章制定程序条例(修订)(法制办起草),研究推进统一内外资法律法规,以及为了推进简政放权、放管结合、优化服务改革及公路管理、住房租赁市场、外商投资国家安全审查、文化市场综合行政执法等方面改革涉及的立法项目。深化国防和军队改革需要制定、修订的行政法规,适时提请国务院、中央军委审议。
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