China Insurance Regulatory Commission On Amendments To The Regulatory Provisions On The Procedure Of China Insurance Regulatory Commission Decisions (Amended In 2013)

Original Language Title: 中国保险监督管理委员会关于修改《中国保险监督管理委员会规章制定程序规定》的决定(附2013年修正本)

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398653.shtml

China insurance regulatory Commission on amendments to the regulatory provisions on the procedure of China insurance regulatory Commission decisions (amended in 2013)

    (November 15, 2013, China insurance regulatory Commission announced 2013 of 11th come into force on January 1, 2014), China insurance regulatory Commission decided to the China insurance regulatory Commission rulemaking procedures as follows:

    One, the fourth paragraph is amended as: "the regulatory program including project initiation, drafting, review, publication, record, modify, interpret, and abrogated".

    Second, the addition of an article, as the article fifth: "formulation of rules should follow the legislative process to determine the legislative principles, and effectively safeguard the legitimate rights and interests of citizens, legal persons and other organizations, should reflect the principle of unity of powers and responsibilities of the Executive, scientific and normative administrative acts, and in conformity with the principle of simplification, uniformity and efficiency."

Third, the eighth to Nineth and amended as: "the CIRC departments should establish regulations need full evaluation, feasibility, and decide whether to make a project proposal. "Departments at the end of each year in accordance with the request of the Department of Legal Affairs proposed regulation project in this sector next year, summary submitted to the legal department.

    Regulations project proposals shall include the name, formulate the purpose and need, legal basis, proposed the establishment of the main system, the impact on the existing system and plans to finish. "

    Four, the tenth to 11th, the first paragraph is amended as: "the regulations of the establishment of the rule of law sector in the proposed audit regulations legislation summary form next year after the CIRC plans, led by the drafting departments and legal departments in charge of checking, and submitted to the President for approval".

Five, the 11th to 12th, is revised as follows: "for not included when annual regulatory legislation but urgent legislative matters requiring legislative drafting departments shall, in accordance with the provisions of article Nineth event rules in writing project proposals to the legal department.

    "The Department of Legal Affairs shall verify the project proposals of the drafting Department event, deems the project needed, after drafting departments and legal departments in charge of the led sign, and submitted to the President for approval".

    VI by deleting article 12th.

    Seven, the 13th article modified as follows: "regulations concerning two or more departments, headed by the President or the relevant departments in charge of specific departments drafting." Eight, add one, as the 19th: "drafting regulations, should conduct in-depth studies and practical experience, listen to the views of relevant bodies, organizations and citizens.

    Hearings may be in written comments, forums, feasibility study meeting, hearing and other forms. "

    Article nine, the 20th to 21st and amended as: "directly related to the vital interests of citizens, legal persons or other organizations regulations, related bodies, organizations or citizens have major differences of opinion, drafting departments should publicize and seek the views of all sectors of the community and, if necessary, can also hold a hearing."

    Ten, the 21st to 22nd, the second paragraph is amended as: "the regulatory drafting instructions should include the drafting of background and drafting process, guiding ideology and principle of legislation, legal basis and rules of style and content, regulations the purpose of the feasibility and expected results, different views on key issues, as well as to note other problems."

    Article XI the 22nd to 23rd, is revised as follows: "drafting Department regulations draft, drafting instructions, all the consulted information and most recent comments summary and other relevant information submitted to the Department of Legal Affairs in conjunction with the audit, which belongs to the regulations modified and sent to the comparison of before and after modification."

    Article 12, article 23rd to 24th, third is revised as follows: "(c) of the regulations is to protect insurance consumers and other stakeholders of the legitimate rights and interests, reflected in the terms of reference of the Executive and the principle of unity of responsibility."

Under article 13, the 25th to 26th, is revised as follows:

"The Department of Legal Affairs shall regulations draft regulations or draft involves problems seeking the views of interested parties.

    "The draft regulations directly related to the vital interests of citizens, legal persons or other organizations, related bodies, organizations or citizens have major differences of opinion, drafting departments during the drafting process was not announced to the public, nor hearing, Department of Legal Affairs to the public, can also hold a hearing."

    14, by deleting article 26th.

    XV and the addition of an article, as the 27th: "relevant authorities or departments draft regulations related to the measures have different views, the Division of management, permissions, cannot agree on coordinated by the Department of Legal Affairs, Department of Legal Affairs shall be the main problems and relevant agencies or departments, as well as the departments reported to the President's decision."

Under article 16, the 27th to 28th and amended as: "the regulation draft one of the following circumstances, legal departments can stride or sent back to the drafting Department:

"(A) the regulatory basic conditions are not mature;

"(B) the main contents of regulations is inconsistent with the existing laws, administrative rules and regulations;

"(C) the institution or Department to draft regulations of major systems under controversy, drafting sector without consultation with the relevant authorities or departments;

"(D) the regulation of the structure and content of material defects;

    "(E) the reported draft and related material does not comply with the provisions of article 23rd."

    17, the addition of an article, as the 29th: "Legislative Affairs Department after you complete the initial vetting and drafting sector consensus to form regulations draft shall, in accordance with the relevant provisions of the State Council via the Internet for public comment." Under article 18, the 28th to the 30th, the second paragraph is amended as: "the President Office on major issues raised or modifications, and modified by the legal authorities and the drafting of the sector.

    Amendments, issued by the Chairman of the Department of Legal Affairs ".

    Article 19, the 32nd to 34th and amended as: "the regulations upon signing and promulgation, the China insurance regulatory Commission Circ should be published on the Web site and published a newspaper, or in any other manner".

    20, by deleting article 33rd.

    21, the sixth chapter the chapter name is changed to: "modify, repeal, and interpretation".

22, the addition of an article, as the 35th: "regulations in one of the following circumstances shall be amended:

"(A) due to new laws, administrative regulations, or modify, repeal of relevant laws and administrative regulations, need to be amended accordingly;

"(B) changes in national policies, need to be amended accordingly;

"(C) the insurance regulation in the insurance market, or the reality of change, can not fully adapt to the reality of existing regulations;

    "(D) other circumstances that need to be modified."

    23, the addition of an article, as the 36th article: "the regulations modify the recommendations drafted by the regulations sector proposed to the Department of Legal Affairs, rules and procedures applicable by reference to the provisions of the modified".

    Under article 24, the 35th to 38th and amended as: "the abolition of the existing regulations, the drafting comments, after examination by the Department of Legal Affairs, the President's approval, announced in the form of insurance."

Article 25, the 37th to 40th, the first paragraph is amended as: "the regulations of any of the following circumstances, the drafting Department explained, Chairman of the Department of Legal Affairs after the audit report issued:

"(A) the regulations needs to further clarify the specific meaning;

"(B) the enactment of regulations there is a new situation, need to be clearly applicable regulations based on the".

    In addition, under the provisions of this decision on the ordinals is adjusted accordingly.

This decision shall enter into force on January 1, 2014.

    The China insurance regulatory Commission rulemaking procedures be revised according to this decision, republished.

    Report: China insurance regulatory Commission rulemaking procedures 2013 (revised)

    (March 14, 2006, 2006 2nd China insurance regulatory Commission issued on November 15, 2013 2013 of 11th of China insurance regulatory Commission announced, effective January 1, 2014, the China insurance regulatory Commission on amendments to the China insurance regulatory Commission decision to amend the regulatory procedures)

    Chapter I General provisions

    First in order to regulate the Chinese insurance regulatory Committee (hereinafter referred to as the China insurance regulatory Commission) regulatory, insurance Executive and legislative procedures and scientific, improve the quality of regulations, according to the People's Republic of China Law on legislation, regulatory procedures Ordinance and other laws and administrative rules and regulations, this provision is enacted.

    Article regulations in these rules refers to the China insurance regulatory Commission for the exercise of the administrative functions of the State Department, in accordance with the law and administrative regulations in the form of insurance promulgation of normative documents. Article regulations commonly known as the "rules" and "approach".

Outside the regulations established by the normative documents of the CIRC shall not be referred to as "rules".

    The normative contents of the file specified in the preceding paragraph shall not contradict the content of the regulations.

Fourth regulatory program including project initiation, drafting, review, publication, record, modify, interpret, and abolished.

    Legislative Affairs Department of the CIRC (hereinafter referred to as the Department of Legal Affairs) is responsible for the regulatory organization.

    Article fifth regulations shall follow the legislative principles of the legislative method, and effectively safeguard the legitimate rights and interests of citizens, legal persons and other organizations, should reflect the principle of unity of powers and responsibilities of the Executive, scientific and normative administrative acts, and in conformity with the principle of simplification, uniformity and efficiency.

    Sixth regulations other than the normative documents do not apply to the regulations.

    Chapter II establishment

    Article seventh according to the needs of the development and reform of the insurance industry by the CIRC, develop annual regulatory legislation.

Clause eighth legislative matters of the legislative scheme regulations shall comply with the following conditions:

(A) the legislative conditions or urgent legislative needs;

(B) the publicly available, have general binding effect;

(C) have the force of a long term in the short term does not change frequently;

    (D) high power requirements, General specification for normative documents effective.
Nineth Circ departments should be the regulatory necessity and feasibility for full evaluation and decide whether to make a project proposal.

Departments at the end of each year in accordance with the request of the Department of Legal Affairs proposed regulation project in this sector next year, summary submitted to the legal department.

    Regulations project proposals shall include the name, formulate the purpose and need, legal basis, proposed the establishment of the system, its impact on existing systems and planned completion time. Tenth Department of Legal Affairs shall, in accordance with the provisions of article eighth of departmental regulations project proposals for approval.

    Does not meet the requirements of the project proposal, Department of Legal Affairs shall consult with relevant departments in a timely manner, and to give reasons for not included in the legislative programme.

11th to all regulations of the project, the Department of Legal Affairs recommended auditing regulations legislation summary form next year after the CIRC plans, led by the drafting departments and legal departments in charge of checking, and submitted to the President for approval.

    Regulations legislation plan should include regulations name of purpose, develop, sponsor and schedule time.

12th not included when annual regulatory legislation but urgent legislative matters requiring legislative drafting departments shall, in accordance with the provisions of article Nineth event rules in writing project proposals to the legal department.

    The Department of Legal Affairs shall verify the project proposals of the drafting Department event, deems the project needed, after drafting departments and legal departments in charge of the led sign, and submitted to the President for approval.

    Chapter drafting

13th Circ departments in charge of drafting the regulations for operations within the scope.

    Regulations covering two or more departments, headed by the President or the relevant departments in charge of specific departments drafting.

    14th Legislative Affairs Department is responsible for the drafting of regulations to guide and coordinate the work.

15th rule should be well-structured, clear clear, concise text, concept specification.

    Regulatory provisions should be adopted, provisions more sections can be distinguished.

Regulation of 16th article should include the following:

(A) the basis and purpose;

(B) the scope of application and related subjects;

(C) the specific conduct;

(D) the legal responsibility;

(E) interpretation;

    (F) effective date.

17th draft rule should be taken to interface with existing laws, administrative regulations, should not appear inconsistent with the upper law provisions.

    New regulations replace the previous regulations, shall clearly state the proposed name of the old regulations of abolition.

18th draft rule shall be governed by the following provisions:

(A) shall not introduce new administrative licensing items;

(B) not adding contravenes the law of administrative licensing conditions;

    (C) an additional administrative penalty types and punishment limited to warning and fined 30,000 yuan. Article 19th draft regulations should conduct in-depth studies and practical experience, listen to the views of relevant bodies, organizations and citizens.

    Hearings may be in written comments, forums, feasibility study meeting, hearing and other forms.

    Article 20th involving the China insurance regulatory Commission other business units or the responsibility of other ministries of the State Council's regulations, drafting Department for comment letters, etc should be taken in full consultation and save the text information.

    Article 21st directly involved citizens, legal persons or other organizations to the vital interests of the regulations, the relevant organs, organizations or citizens have major differences of opinion, drafting departments should publicize and seek the views of all sectors of the community and, if necessary, can also hold a hearing.

22nd article drafting departments must write regulations drafting instructions.

Regulatory drafting instructions should include the drafting of background and drafting process, guiding ideology and principle of legislation, legal basis and rules of style and content, regulations the purpose of the feasibility and expected results, different views on key issues as well as other issues important to note.

    Consultations with the ministries under the State Council and the China insurance regulatory Commission-related business sectors points, after a public call for the main feedback and hearing the main controversial points should be included in regulatory drafting instructions.

    The fourth chapter review

    Article 23rd draft sector regulations should be draft, drafting instructions, all the consulted information and most recent comments summary and other relevant information submitted to the Department of Legal Affairs in conjunction with the audit, which belongs to the regulations modified and sent to the comparison of before and after modification.

24th Legislative Affairs Department upon receipt of the draft regulations should be reviewed from the following areas:

(A) inclusion in the regulations when the annual legislation plan or specifically approved by the leadership;

(B) whether the regulations contrary to the upper law, whether existing regulations effective connection of the Circ;

(C) of the regulations is to protect insurance consumers and other stakeholders of the legitimate rights and interests, reflected in the terms of reference of the Executive and the principle of unity of responsibility;

(D) whether the regulations embody the simplification of administrative procedures, facilitating government functions into economic regulation, social management and public service reform;

(E) seek the views of the parties concerned about the adequacy of the regulations, effective coordination of the drafting and the main dispute in the hearing process;

(F) the technical requirements of regulation compliance with legislation;

(G) operation of the specific rules of the regulations;

    (VIII) other elements need to be audited. 25th the Department of Legal Affairs, through the review of the draft regulations and related information and found that there is a big difference of opinion, can ask the drafting Department for instructions, and further coordinate the views of the parties concerned.

    If necessary, the legal department can organize relevant units and experts to demonstrate.

26th the Department of Legal Affairs shall regulations draft regulations or draft involves problems seeking the views of interested parties.

    Draft regulations directly related to the vital interests of citizens, legal persons or other organizations, and relevant bodies, organizations or citizens have major differences of opinion, drafting departments during the drafting process was not announced to the public, nor hearing, Department of Legal Affairs to the public, can also hold a hearing.

    27th relevant agencies or departments draft regulations related to the measures have different views, the Division of management, permissions, cannot agree on coordinated by the Department of Legal Affairs, Department of Legal Affairs shall be the main problems and relevant agencies or departments, as well as the Department's Chairman.

28th regulation draft one of the following circumstances, legal departments can stride or sent back to the drafting Department:

(A) regulatory basic conditions are not mature;

(B) the main contents of regulations is inconsistent with the existing laws, administrative rules and regulations;

(C) the institution or Department to draft regulations of major systems under controversy, drafting sector without consultation with the relevant authorities or departments;

(D) the regulation of the structure and content of material defects;

    (E) submit draft and related material does not comply with the provisions of article 23rd.

    29th Legislative Affairs Department after you complete the initial vetting and drafting sector consensus to form regulations draft shall, in accordance with the relevant provisions of the State Council via the Internet for public comment. Article 30th draft regulations submitted to the President after examination by the Department of Legal Affairs Office for consideration.

When drafted by the head of the Department of Legal Affairs and head of the drafting instructions. President Office on major issues raised or modifications, and modified by the legal authorities and the drafting of the sector.

    Amendments, issued by the Chairman of the Department of Legal Affairs.

    The fifth chapter release and filing

Article 31st of China insurance regulatory Commission to develop regulations, issued by the China insurance regulatory Commission Circ.

    Release regulations should include the development of regulations for organ, serial number, name, date of adoption, date of execution, President of branding as well as release dates, and so on.

    32nd regulation should come into force after the 30th from the date of promulgation; but relates to national security, the foreign exchange rate, monetary policy determined and announced immediately after the execution could affect regulatory purposes, can come into force on the date of promulgation.

    Article 33rd Circ shall from the date of publication of the regulations in the 30th, in accordance with the Archivist filing of regulations and Ordinance to the Legislative Affairs Office of the State Council for the record.

    34th rule upon signing and promulgation, the China insurance regulatory Commission Circ should be published on the Web site and published a newspaper, or in any other manner.

    Sixth chapter amendment, repeal and interpretation

Article 35th of regulations in the following circumstances, should be modified:

(A) due to new laws, administrative regulations, or modify, repeal of relevant laws and administrative regulations, need to be amended accordingly;

(B) changes in national policies, need to be amended accordingly;

(C) the insurance regulation in the insurance market, or the reality of change, can not fully adapt to the reality of existing regulations;

    (D) other circumstances that need to be modified.

    36th regulations amended proposal drafted by the regulations sector proposed to the Department of Legal Affairs, rules and procedures applicable by reference to the provisions of the modified.

37th the CIRC should regularly clean up regulations, found that current regulations have one of the following shall be repealed:

(A) in response to relevant laws and administrative regulations of abolition or lose their legislative basis for amendment;

(B) under the regulations have been new laws, administrative regulations, or the rules replaces;

(C) the matters set out in Regulation no longer exists, has been completed or not to continue to implement the necessary;

    (D) other circumstances that need to be abolished.

    Article 38th abolition of the existing regulations, the drafting comments, after examination by the Department of Legal Affairs, the President's approval, announced in the form of insurance. 39th regulations by the China insurance regulatory Commission is responsible for the interpretation.

    Interpretation of the regulations should be made public.

40th rule any of the following circumstances, the drafting Department explained, Chairman of the Department of Legal Affairs after the audit report issued:

(A) the regulations needs to further clarify the specific meaning;

(B) the enactment of regulations there is a new situation, need to be clearly applicable regulations based on the.

    Regulations interpretation and the regulations made pursuant to the preceding paragraph shall have the same effect.

    The seventh chapter by-laws

41st Circ procedures for drafting of laws, administrative regulations, reference to these provisions apply.

    China insurance regulatory Commission and other ministries of the State Council regulations, these provisions shall apply. 42nd article of the regulations come into force on May 1, 2006. China insurance regulatory Commission released on July 2, 1999, of the insurance provisions of administrative rule making procedure (OCI (1999), 111th) repealed simultaneously.