China Insurance Regulatory Commission Rulemaking Procedures

Original Language Title: 中国保险监督管理委员会规章制定程序规定

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(March 14, 2006 China insurance supervision Management Committee makes 2006 2nd, announced since May 1, 2006 up purposes) first chapter General first article to specification China insurance supervision Management Committee (following referred to China CIRC) of regulations developed work, promote insurance administrative legislation of programmed and scientific, improve regulations quality, according to People's Republic of China legislation method, and regulations developed program Ordinance, legal, and administrative regulations, developed this provides.
    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, reviewing, publishing, record, interpret, and abolished.
    Legislative Affairs Department of the CIRC (hereinafter referred to as the Department of Legal Affairs) is responsible for the regulatory organization.
    Outside the fifth rule not to apply the provisions of normative documents.
    Sixth chapter projects according to the needs of the development and reform of the insurance industry by the CIRC, develop annual regulatory legislation.
    Clause seventh legislative matters of the legislative scheme regulations shall comply with the following conditions: (a) the legislative conditions or with an urgent legislative needs, (ii) public release, universally binding and (iii) have the force of a long term, short term does not change frequently, and (iv) requires high power, using the general normative documents cannot effectively regulate. Eighth Circ departments should be at the end of each year in accordance with the request of the Department of Legal Affairs of the regulations to establish the project proposals, and submitted to the legal department summary.
    Regulations project proposals shall include the name, making objective and the main system need to be established and planned completion time. Nineth Department of Legal Affairs shall be in accordance with the provisions of article seventh on the internal regulations of the 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.
    Tenth rule of law sector in the various departments regulatory project review regulations legislation summary form next year after the CIRC plans submitted to the President of the Office for consideration.
    Regulations legislation plan should include regulations name of purpose, develop, sponsor and schedule time.
    11th not included when annual regulatory legislation but urgent legislative matters requiring legislative drafting departments shall, in accordance with the provisions of article eighth 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 necessary, Department of Legal Affairs the project proposal should be President, in charge of the Vice President's approval before implementation.
    12th Annual Legislative Affairs Department of regulatory legislation this year should be the implementation of the plan and the Chairman annual report regulations legislative plan under consideration by the Office.
    Chapter drafted 13th Circ departments in charge of drafting the regulations for operations within the scope.
    Regulations covering two or more departments, drafted by the Chairman or designated in charge of Drama Department led by the Department of Legal Affairs or organize and coordinate the relevant departments to carry out the drafting work.
    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 shall include the following information: (a) the basis and purpose; (b) the scope of application and related subjects (iii) code of conduct, (iv) liabilities; (v) power (vi) 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 Circ are involved 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 20th involving a specific counterpart regulations of major interest, drafting departments shall provide written comments; not specific counterpart regulations of major interest are involved, drafting departments draft regulations should be announced to the public and to seek the views of the community.
    Drafting of the regulations referred to in the preceding paragraph, drafting Department hold hearings if necessary.
    21st drafting departments should be compiling regulatory drafting instructions.
    Regulatory drafting instructions should include the drafting of background and drafting process, legislative guidelines and principles, methods and main contents of the regulations, should be noted and so on.
    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.
    Fourth chapter review article 22nd drafting Department regulations draft, drafting instructions and related information submitted to the Department of Legal Affairs in conjunction with the audit. 23rd article legal sector received regulations trial draft Hou, should from following aspects for audit: (a) the regulations whether included Dang annual legislation plans or by will led special approved; (ii) the regulations whether against upper method, whether and China Circ existing regulations effective convergence; (three) the regulations whether effective guarantees has was insurer and other related interests subject of lawful rights and interests of, whether reflected has administrative organ of terms and responsibility phase unified of principles; (four) the regulations whether reflected has simplified administration procedures,
    Promote government functions to economic regulation, and social management and public service change of reform spirit; (five) the regulations whether full sought has concerned of views, whether effective coordination has drafting and hearing process in the of main dispute; (six) the regulations whether meet legislation technology requirements; (seven) the regulations of specific rules whether has can operation sex; (eight) need audit of other content. 24th 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.
    25th draft regulations directly related to citizens, legal persons or other organizations vital interest, interested parties have serious differences of opinion, and drafting Department at the drafting stage does not hold a hearing, Department of Legal Affairs held a hearing.
    26th under any of the following circumstances, Legislative Affairs Department again consulted the parties concerned: (a) the draft regulations without full consultation with interested parties views in the drafting stage, (ii) Legal Department of major changes to the draft regulations.
    27th article in regulations audit in the found has following case one of of, legal sector can will regulations trial draft returned original drafting sector, description reason, and proposed modified views: (a) content and upper method conflict or beyond drafting sector legislation permission of; (ii) style, and content and structure not meet this provides of; (three) legislation purpose not clear, not has substantive specification role of; (four) applicability not strong or not has can operation sex of;
    (E) prescribed by the regulations for the concerned parties to the draft system controversy can not effectively coordinated; (vi) the simple repetition of existing laws, administrative rules and regulations and CIRC regulatory content. 28th regulation draft for consideration by the legal department audits submitted to the President of the Office.
    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, signed by the Legal Department in charge of the Vice President and report issued by the President.
    Fifth chapter publishing a record 29th 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.
    Article 30th rule shall be implemented since the 30th after the date of its publication; 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.
    31st 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.
    Article 32nd regulations upon signing and promulgation, the CIRC should published the full text on the message.
    Regulatory text for publication in the Gazette of the China insurance regulatory Commission for the standard version.
    Article 33rd translations of regulations issued by the China insurance regulatory Commission.
    Sixth chapter abolition and explained 34th article China Circ should regularly on regulations for cleanup, found existing regulations has following case one of of, should be abolition: (a) for about legal, and administrative regulations of abolition or amendment and lost legislation according to of; (ii) regulations by provides of matters has was new of legal, and administrative regulations or regulations replaced of; (three) regulations by provides of matters has not exists, and has implementation finished or has no continues to purposes necessary of; (four) other need abolition of case. Abolition of the article 35th of the existing regulations, relevant comments, after examination by the Department of Legal Affairs, the President's approval, announced in the form of insurance.

    Article 36th regulations by the China insurance regulatory Commission is responsible for the interpretation.
    Interpretation of the regulations should be made public.
    37th rule any of the following circumstances, interpreted by the relevant departments, Chairman of the Department of Legal Affairs after the audit report issued: (a) the regulations needs to further clarify the specific meaning of; (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.
    Seventh chapter supplementary articles article 38th 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. 39th 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 (the OCI [1999]111) repealed simultaneously.

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