Draft of the Safe Management of Hazardous Chemicals Law (drafted by the Ministry of Emergency Management) is proposed for deliberation


Recently, the State Council's General Office issued the "2024 State Council Legislative Work Plan", which includes a draft of the Dangerous Chemicals Safety Law (drafted by the Ministry of Emergency Management) for deliberation.

Recently, the General Office of the State Council issued the "State Council's 2024 Legislative Work Plan", and the draft of the Dangerous Chemicals Safety Law (drafted by the Ministry of Emergency Management) is proposed for deliberation.

 

 Draft of the Dangerous Chemicals Safety Law

 

The full text is as follows:

 

General Office of the State Council on the Issuance

Notice on the Issuance of the State Council's 2024 Legislative Work Plan

Guo Ban Fa [2024] No. 23


People's Governments of all provinces, autonomous regions, and municipalities directly under the Central Government, and all ministries and commissions and directly affiliated institutions of the State Council:

The "State Council's 2024 Legislative Work Plan" has been approved by the Central Committee of the Communist Party of China and the State Council, and is now issued to you for your earnest implementation.

General Office of the State Council

May 6, 2024

(This document has been abridged)

 


State Council's 2024 Legislative Work Plan

 

2024 marks the 75th anniversary of the founding of the People's Republic of China and is a crucial year for achieving the goals and tasks of the 14th Five-Year Plan. The overall requirements for the State Council's 2024 legislative work are: Under the strong leadership of the Party Central Committee with Comrade Xi Jinping at its core, adhering to Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era as guidance, fully implementing the spirit of the 20th National Congress of the Communist Party of China and the Second Plenary Session of the 20th Central Committee, deeply studying and implementing Xi Jinping's ideas on the rule of law, profoundly understanding the decisive significance of the "two establishes," enhancing the "four consciousnesses," strengthening the "four confidences," and achieving the "two safeguards," upholding the organic unity of Party leadership, the people being masters of their own affairs, and the rule of law, comprehensively promoting domestic and foreign-related rule of law, adhering to the simultaneous advancement of establishing, amending, abolishing, and interpreting laws, further enriching legislative forms, focusing on "small, fast, and efficient" and "small-scale" legislation, accelerating the filling of legislative weak points and blank areas, and giving full play to the role of the rule of law in consolidating the fundamentals, stabilizing expectations, and benefiting the long term, providing a solid legal guarantee for comprehensively advancing the great cause of building a strong nation and national rejuvenation through Chinese-style modernization.

I. Resolutely implement the decisions and deployments of the Party Central Committee, and serve and safeguard the overall work of the Party and the state with high-quality legislation

Focusing on the legislative needs of Chinese-style modernization, accurately grasping the "major matters of the state," adhering to highlighting key areas, prioritizing urgent needs, and coordinating overall considerations, scientifically and reasonably arranging legislative projects.

Focusing on promoting high-quality development, proposing to the Standing Committee of the National People's Congress for deliberation the draft Private Economy Promotion Law, the draft amendment to the Bidding and Tendering Law, the draft National Development Planning Law, the draft Energy Law, the draft Atomic Energy Law, the draft amendment to the Accounting Law, the draft amendment to the Banking Supervision and Management Law, the draft amendment to the Anti-Unfair Competition Law, the draft Law on the Protection and Quality Improvement of Cultivated Land, the draft amendment to the Fisheries Law, and the draft amendment to the Civil Aviation Law. Formulate the Fair Competition Review Regulations, the Regulations on the Punishment of State-owned Enterprise Managers, the Regulations on Rare Earth Management, and the State Council's Regulations on the Implementation of the Registration Capital Management System of the Company Law of the People's Republic of China, and revise the Regulations on Guaranteeing the Payment of Funds to Small and Medium-sized Enterprises, the Regulations on the Monetary Policy Committee of the People's Bank of China, the Provisional Regulations on the Public Disclosure of Enterprise Information, the State Council's Regulations on the Standards for Reporting on Operator Concentration, and the Regulations on Toll Highway Management. Prepare to propose to the Standing Committee of the National People's Congress for deliberation the draft Consumption Tax Law, the draft amendment to the Tax Collection and Administration Law, the draft amendment to the People's Bank of China Law, the draft amendment to the Commercial Bank Law, the draft amendment to the Insurance Law, the draft Telecommunications Law, the draft amendment to the Lawyers Law, the draft amendment to the Certified Public Accountants Law, the draft amendment to the Metrology Law, the draft amendment to the Product Quality Law, the draft Transportation Law, and the draft amendment to the Railway Law. Prepare to formulate the Regulations on the Management of State-owned Financial Capital, the Regulations on the Supervision and Management of Local Finance, the Regulations on the Supervision and Management of Listed Companies, the Regulations on the Management of Access to Motor Vehicle Production, and the Regulations on Rural Highways, and prepare to revise the Regulations on Foreign Exchange Management, the Regulations on Direct Selling Management, the Regulations on Prohibiting Pyramid Schemes, and the Regulations on Road Transport.

Focusing on strengthening government self-construction, proposing to the Standing Committee of the National People's Congress for deliberation the draft amendment to the Statistics Law. Formulate the Implementation Regulations of the Archives Law and revise the Regulations on the Filing of Laws and Regulations. Prepare to propose to the Standing Committee of the National People's Congress for deliberation the draft amendment to the People's Police Law and the draft Office Affairs Management Law. Prepare to formulate the Regulations on the Supervision of Administrative Law Enforcement, the Regulations on Policy Issuance, and the Regulations on the Procedures for Formulating Administrative Normative Documents, and prepare to revise the Implementation Regulations of the Administrative Reconsideration Law and the Regulations on the Procedures for Formulating Regulations.

Focusing on implementing the strategies of rejuvenating the country through science and education and strengthening the country through culture, proposing to the Standing Committee of the National People's Congress for deliberation the draft amendment to the Science and Technology Popularization Law. Formulate the Regulations on Promoting Nationwide Reading and the Regulations on the Protection and Inheritance of Red Resources, and revise the Regulations on the National Natural Science Foundation and the Regulations on the Protection of New Plant Varieties. Prepare to propose to the Standing Committee of the National People's Congress for deliberation the draft Artificial Intelligence Law, the draft amendment to the Trademark Law, the draft amendment to the Teachers Law, the draft Broadcasting and Television Law, and the draft Law on the Protection of Historical and Cultural Heritage. Prepare to formulate the Regulations on the Protection of Historical Blocks and Ancient Buildings and the Regulations on the Protection of Traditional Villages, and prepare to revise the Measures for the Management of Internet Information Services and the Regulations on the Protection of Historically and Culturally Famous Cities, Towns, and Villages.

Focusing on improving people's livelihood, proposing to the Standing Committee of the National People's Congress for deliberation the draft Law on Responding to Public Health Emergencies. Formulate the Implementation Regulations of the Consumer Rights Protection Law, the Regulations on Urban Public Transportation, the Regulations on Housing Leasing, and the Regulations on the Placement of Retired Servicemen, and revise the Regulations on the Allowances and Benefits for Servicemen and the Regulations on the Commendation of Martyrs. Prepare to propose to the Standing Committee of the National People's Congress for deliberation the draft amendment to the Road Traffic Safety Law, the draft Medical Security Law, the draft Pharmacist Law, and the draft Social Assistance Law. Prepare to formulate the Regulations on the Management of Clinical Research and Translational Application of New Biomedical Technologies, the Regulations on the Supervision of Social Insurance Funds, and the Regulations on Urban Housing Security, and prepare to revise the Implementation Regulations of the Pharmaceutical Management Law, the Regulations on Nationwide Fitness, the Regulations on Marriage Registration, the Regulations on Urban Water Supply, and the Regulations on Foundation Management.

Focusing on promoting green development, proposing to the Standing Committee of the National People's Congress for deliberation the draft National Park Law. Formulate the Regulations on Ecological Protection Compensation, the Provisional Regulations on Carbon Emission Rights Trading Management, the Regulations on Water Conservation, and the Regulations on the Protection of Ancient and Famous Trees, and revise the Provisional Regulations on Express Delivery. Prepare to formulate the Regulations on Ecological Environmental Monitoring, the Regulations on Environmental Risk Management of Chemical Substances, and the Regulations on the Protection of Miyun Reservoir.

Focusing on improving the national security legal system, proposing to the Standing Committee of the National People's Congress for deliberation the draft Dangerous Chemicals Safety Law and the draft amendment to the Prison Law. Formulate the Regulations on the Management of Network Data Security and the Regulations on Coal Mine Safety Production. Prepare to propose to the Standing Committee of the National People's Congress for deliberation the draft Law on National Fire Rescue Personnel and the draft amendment to the Earthquake Prevention and Disaster Reduction Law. Prepare to formulate the Regulations on Satellite Navigation and the Regulations on the Management of Grain Reserve Security, and prepare to revise the Implementation Regulations of the Law on Keeping State Secrets, the Detailed Rules for the Implementation of the Anti-Espionage Law, and the Regulations on the Supervision and Inspection of Special Equipment Safety.

Focusing on strengthening foreign-related legal construction, proposing to the Standing Committee of the National People's Congress for deliberation the draft amendment to the Arbitration Law, the draft amendment to the Anti-Money Laundering Law, the draft amendment to the Foreign Trade Law, and the draft amendment to the Maritime Law. Formulate the Regulations on the Export Control of Dual-Use Items and the Regulations on the Berthing and Supply of International Cruise Ships in the Ports of the People's Republic of China. Prepare to propose to the Standing Committee of the National People's Congress for deliberation the draft amendment to the Customs Law. Prepare to formulate the Regulations on Commercial Mediation and prepare to revise the Regulations on the Management of Overseas Labor Cooperation and the Measures for the Use of the National Emblem.

At the same time, for legislative projects urgently needed for comprehensively deepening reforms, government function transformation, and national security, legislative projects related to accelerating the modernization of national defense and the military, and other legislative projects entrusted by the Party Central Committee and the State Council, the relevant departments of the State Council should expedite their handling and complete the drafting and review tasks as soon as possible. For other legislative projects that are currently under research but not included in the legislative work plan, the relevant departments should continue to conduct research and demonstration.
 

II. Strengthening and Improving Legislation in the New Era to Further Enhance Legislative Effectiveness

Upholding the Party's Comprehensive Leadership over Legislative Work. Adhering to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, especially Xi Jinping's Thought on the Rule of Law, in legislative work; giving full play to the Party's leading core role in overall planning and coordination; implementing the Party's leadership throughout all processes and stages of legislative work to ensure the correct political direction.

Upholding Legislation for the People and Seeking Truth and Pragmatism. Adhering to the people-centered development philosophy, deeply practicing whole-process people's democracy, strengthening the construction of legislative contact points, fully listening to opinions from experts, scholars, and all sectors, and actively responding to the new needs and expectations of the people for legislative work. Based on the great practice of building Chinese-style modernization, conducting solid legislative research, and enhancing the pertinence and applicability of laws and regulations. Improving legislative models, exploring the establishment of a rapid response mechanism for legislation on matters that the people strongly reflect on and that are urgently needed for economic and social development, and promoting "small, fast, and efficient" and "focused" legislation.

Resolutely Upholding the Unity, Dignity, and Authority of the National Legal System. Adhering to the simultaneous establishment, amendment, abolition, and interpretation of laws; strengthening the linkage of legislation in the same and related fields; and promptly issuing supporting regulations for laws as required; adhering to a combination of comprehensive and special cleanups to effectively and orderly advance the cleanup of laws and regulations. Strengthening the legal guarantee for major national reforms and giving full play to the guiding, promoting, regulating, and guaranteeing role of legislation. Strengthening the review and examination of regulations and rules, adhering to the principle of "registration for every item, examination for every registration, and correction for every error," increasing the intensity of review and correction, and improving the effectiveness of review and examination.

Strengthening Publicity and Interpretation of the Entire Legislative Process. Adhering to the organic combination of legislation and legal publicity; guiding all sectors of society to participate widely in legislation according to the characteristics and needs of each stage of legislation; enhancing the effectiveness of legislative publicity; promptly responding to social concerns; and creating a good atmosphere for the enactment and implementation of laws and regulations. Actively expounding the Chinese characteristics of socialist rule of law ideology, legal culture, and legal practice, and telling the story of China's rule of law in the new era.

Continuously Improving the Legislative Work of Local Governments. Local government legislation should adhere to problem-oriented, needs-oriented, and results-oriented approaches and strictly abide by legislative powers and procedures. Encouraging local governments to actively explore and practice regional collaborative legislation. Greatly strengthening the construction of local government legislative work teams, equipping them with adequate personnel, and conducting planned thematic training.

III. Strengthening Responsibility and Effectively Implementing the Legislative Work Plan

All departments of the State Council should attach great importance to legislative work, strengthen organizational leadership, improve work mechanisms, tighten and implement responsibilities, and strengthen progress management, improving the efficiency of legislative work while ensuring the quality of legislation.

Drafting departments should strictly follow the requirements to do a good job in drafting, and reserve reasonable time for review and deliberation. If the content of the draft laws and regulations involves departmental responsibilities, administrative licenses, financial support, tax preferential policies, etc., the consent of relevant departments such as organization and establishment, audit and reform, finance, and taxation should be obtained; if there are major disagreements between departments, the drafting department should actively coordinate to reach a consensus; before submitting the draft laws and regulations, the drafting department should promptly communicate with the Ministry of Justice to explain the situation of soliciting opinions and coordinating major disagreements.

The Ministry of Justice should strengthen overall coordination and supervision and guidance, proactively understand the relevant situation, maintain the gate of legislative review, and effectively safeguard national interests and the fundamental interests of the people, preventing the influence of departmental interests. For major legislative projects with tight deadlines and high difficulty, proactive intervention and the organization of special teams should be considered to actively promote them. For legislative projects with prominent contradictions and focal issues, the overall coordination efforts should be increased to prevent delays.

 

Attachment: Legislative items and responsible drafting units specified in the "State Council's 2024 Legislative Work Plan"

Attachment

Legislative items and responsible drafting units specified in the "State Council's 2024 Legislative Work Plan"

I. Draft Laws to be Submitted to the Standing Committee of the National People's Congress for Deliberation (21 items)

1. Draft Energy Law (National Development and Reform Commission, National Energy Administration)

2. Draft Amendment to the Statistics Law (National Bureau of Statistics)

3. Draft Amendment to the Accounting Law (Ministry of Finance)

4. Draft Amendment to the Anti-Money Laundering Law (People's Bank of China)

5. Draft Atomic Energy Law (Ministry of Industry and Information Technology, State Administration of Science, Technology and Industry for National Defence)

6. Draft Amendment to the Bidding and Tendering Law (National Development and Reform Commission)

7. Draft Amendment to the Arbitration Law (Ministry of Justice)

8. Draft Amendment to the Anti-Unfair Competition Law (State Administration for Market Regulation)

9. Draft Law on Responding to Public Health Emergencies (National Health Commission, China CDC)

10. Draft National Park Law (Ministry of Natural Resources, State Forestry and Grassland Administration)

11. Draft Law on Promoting the Private Economy (National Development and Reform Commission, Ministry of Justice)

12. Draft Amendment to the Maritime Law (Ministry of Justice, Ministry of Transport, etc.)

13. Draft National Development Planning Law (National Development and Reform Commission)

14. Draft Amendment to the Science and Technology Popularization Law (Ministry of Science and Technology)

15. Draft Amendment to the Banking Supervision and Management Law (China Banking and Insurance Regulatory Commission)

16. Draft Amendment to the Fisheries Law (Ministry of Agriculture and Rural Affairs)

17. Draft Amendment to the Civil Aviation Law (Ministry of Transport, Civil Aviation Administration of China)

18. Draft Dangerous Chemicals Safety Law (Ministry of Emergency Management)

19. Draft Amendment to the Prison Law (Ministry of Justice)

20. Draft Law on Arable Land Protection and Quality Improvement (Ministry of Natural Resources, Ministry of Agriculture and Rural Affairs)

21. Draft Amendment to the Foreign Trade Law (Ministry of Commerce)
 

Draft laws tentatively scheduled to be submitted to the Standing Committee of the National People's Congress for deliberation include: Consumption Tax Law, Amendment to the Tax Collection and Administration Law, Amendment to the People's Bank of China Law, Amendment to the Commercial Bank Law, Amendment to the Insurance Law, Telecommunications Law, Amendment to the Lawyers Law, Amendment to the Certified Public Accountants Law, Amendment to the Metrology Law, Amendment to the Product Quality Law, Transportation Law, Amendment to the Railway Law, Amendment to the People's Police Law, Office Affairs Management Law, Artificial Intelligence Law, Amendment to the Trademark Law, Amendment to the Teachers Law, Broadcasting and Television Law, Law on the Protection of Historical and Cultural Heritage, Amendment to the Road Traffic Safety Law, Medical Security Law, Pharmacist Law, Social Assistance Law, National Fire Rescue Personnel Law, Amendment to the Earthquake Disaster Prevention and Reduction Law, and Amendment to the Customs Law.

II. Proposed Administrative Regulations to be Formulated or Revised (30 items)

1. Regulations of the Monetary Policy Committee of the People's Bank of China (Revised) (Draft by the Ministry of Justice)

2. Regulations of the State Council on the Reporting Standards for Operator Concentration (Revised) (Draft by the State Administration for Market Regulation)

3. Implementing Regulations of the Archives Law (Draft by the State Archives Administration)

4. Regulations on Coal Mine Safety Production (Draft by the Ministry of Emergency Management and the National Mine Safety Administration)

5. Provisional Regulations on Carbon Emission Rights Trading (Draft by the Ministry of Ecology and Environment)

6. Provisional Regulations on Enterprise Information Disclosure (Revised) (Draft by the Ministry of Justice)

7. Regulations on Ecological Protection Compensation (Draft by the National Development and Reform Commission)

8. Regulations on Water Conservation (Draft by the Ministry of Water Resources, the Ministry of Housing and Urban-Rural Development, and the National Development and Reform Commission)

9. Regulations on the Allowances and Benefits for Military Personnel (Revised) (Draft by the Ministry of Veterans Affairs, the Political Work Department of the Central Military Commission, and the Logistics Support Department of the Central Military Commission)

10. Regulations on the Resettlement of Veterans (Draft by the Ministry of Veterans Affairs and the Political Work Department of the Central Military Commission)

11. Implementing Regulations of the Consumer Rights Protection Law (Draft by the State Administration for Market Regulation)

12. Regulations on International Cruise Ships Docking and Supplying in Ports of the People's Republic of China (Draft organized by the Ministry of Justice)

13. Regulations on the Punishment of State-Owned Enterprise Managers (Draft by the Ministry of Justice, the State-owned Assets Supervision and Administration Commission of the State Council, and the Ministry of Finance)

14. Regulations on Rare Earth Management (Draft by the Ministry of Industry and Information Technology)

15. Provisional Regulations on Express Delivery (Revised) (Draft by the Ministry of Justice, the Ministry of Transport, and the State Post Bureau)

16. Regulations on Fair Competition Review (Draft by the State Administration for Market Regulation)

17. Regulations of the State Council on the Implementation of the Registered Capital Registration Management System of the Company Law of the People's Republic of China (Draft by the Ministry of Justice and the State Administration for Market Regulation)

18. Regulations on Guaranteeing the Payment of Funds to Small and Medium-sized Enterprises (Revised) (Draft by the Ministry of Industry and Information Technology)

19. Regulations on Toll Highway Management (Revised) (Draft by the Ministry of Transport and the Ministry of Justice)

20. Regulations on the Filing of Laws and Regulations (Revised) (Draft by the Ministry of Justice)

21. Regulations on the Management of Network Data Security (Draft by the Cyberspace Administration of China)

22. Regulations on Urban Public Transportation (Draft by the Ministry of Transport)

23. Regulations on the Export Control of Dual-Use Items (Draft by the Ministry of Commerce)

24. Regulations on the National Natural Science Foundation (Revised) (Draft by the Ministry of Science and Technology)

25. Regulations on the Commendation of Martyrs (Revised) (Draft by the Ministry of Veterans Affairs)

26. Regulations on Promoting National Reading (Draft by the State Press and Publication Administration)

27. Regulations on the Protection of New Plant Varieties (Revised) (Draft by the Ministry of Agriculture and Rural Affairs)

28. Regulations on the Protection and Inheritance of Red Resources (Draft by the Ministry of Justice, the Ministry of Culture and Tourism, and the State Administration of Cultural Heritage)

29. Regulations on Housing Leasing (Draft by the Ministry of Housing and Urban-Rural Development)

30. Regulations on the Protection of Ancient and Famous Trees (Draft by the Ministry of Natural Resources, the Ministry of Housing and Urban-Rural Development, and the State Forestry and Grassland Administration)
 

Proposed formulation of regulations on the management of state-owned financial capital, local financial supervision, listed companies supervision, motor vehicle production access, rural highways, administrative law enforcement supervision, policy release, the procedure for formulating administrative normative documents, the protection of historical blocks and ancient buildings, the protection of traditional villages, the clinical research and transformation application management of biomedical new technologies, social insurance fund supervision, urban housing security, ecological environment monitoring, chemical substance environmental risk management, the protection of Miyun Reservoir, satellite navigation, grain reserve security management, and commercial mediation.

Proposed revision of regulations on foreign exchange management, direct selling management, prohibition of pyramid schemes, road transport, the implementation of the Administrative Reconsideration Law, the procedure for formulating regulations, the management of internet information services, the protection of historically and culturally significant cities, towns, and villages, the implementation of the Pharmaceutical Administration Law, national fitness, marriage registration, urban water supply, foundation management, the implementation of the Law on Keeping State Secrets, the detailed rules for implementing the Anti-Espionage Law, the supervision of special equipment safety, the management of overseas labor cooperation, and the use of the national emblem pattern.

III. Other Legislative Projects to be Completed 1. Legislative projects urgently needed for the comprehensive deepening of reforms, government function transformation, and national security 2. Legislative projects related to accelerating the modernization of national defense and the army 3. Other legislative projects entrusted by the Central Committee of the Communist Party of China and the State Council