Legal basis: Legislative Law of People's Republic of China (PRC).
Article 80 The ministries and commissions of the State Council, the People's Bank of China, the Audit Office and their directly affiliated institutions with administrative functions may, within the scope of their functions and powers, formulate rules in accordance with laws and administrative regulations, decisions and orders of the State Council.
Matters stipulated in departmental rules shall be those stipulated for the implementation of laws or administrative regulations, decisions and orders of the State Council. Without the basis of laws, administrative regulations and decisions and orders of the State Council, departmental rules shall not set norms that derogate from the rights of citizens, legal persons and other organizations or increase their obligations, nor shall they increase their powers or reduce their statutory duties.
Article 82 The people's governments of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts and autonomous prefectures may formulate rules in accordance with laws, administrative regulations and local regulations of provinces, autonomous regions and municipalities directly under the Central Government.
Local government regulations may stipulate the following matters:
(1) Matters that need to be formulated in order to implement the provisions of laws, administrative regulations and local regulations;
(two) specific administrative matters belonging to the administrative region.
The people's governments of cities and autonomous prefectures divided into districts shall formulate local government regulations according to the first and second paragraphs of this article, which are limited to urban and rural construction and management, environmental protection, historical and cultural protection and other matters. Local government regulations that have been formulated are beyond the scope of the above matters and continue to be effective.
Except for the cities where the people's governments of provinces and autonomous regions are located, the cities where the special economic zones are located and the larger cities approved by the State Council, the time when the people's governments of other cities divided into districts and autonomous prefectures start to formulate rules is synchronized with the time when the cities and autonomous prefectures determined by the standing committees of the people's congresses of provinces and autonomous regions start to formulate local regulations.
Local laws and regulations should be formulated, but the conditions are not yet mature. Due to the urgent need of administrative management, local government regulations can be formulated first. Two years after the implementation of the regulations, if it is necessary to continue to implement the administrative measures stipulated in the regulations, it shall be submitted to the people's congress at the corresponding level or its standing Committee to formulate local regulations.
Without the basis of laws, administrative regulations and local regulations, local government regulations may not set norms that derogate from the rights of citizens, legal persons and other organizations or increase their obligations.