chapter I general provisions article 1 this law is formulated in accordance with the constitution in order to regulate the government's revenue and expenditure behavior, strengthen budget constraints, strengthen budget management and supervision, establish and improve a comprehensive, standardized, open and transparent budget system, and ensure the healthy development of the economy and society. Article 2 The preparation, examination, approval and supervision of budgets and final accounts, as well as the implementation and adjustment of budgets, shall be carried out in accordance with the provisions of this Law. Article 3 The state implements the first-level government budget and establishes five-level budgets for the central government, provinces, autonomous regions and municipalities directly under the Central Government, cities divided into districts, autonomous prefectures, counties, autonomous counties, cities not divided into districts, municipal districts, townships, nationality townships and towns.
the national budget consists of the central budget and local budgets. The local budget consists of the total budgets of all provinces, autonomous regions and municipalities directly under the Central Government.
The total budgets of local levels are composed of the budgets at the same level and the summarized total budgets at the next level; If there is only a budget at the next level, the total budget at the next level refers to the budget at the next level. If there is no budget at the next level, the total budget refers to the budget at the same level. Article 4 A budget consists of budgetary revenue and budgetary expenditure.
all government revenues and expenditures should be included in the budget. Article 5 The budget includes general public budget, government fund budget, state-owned capital operation budget and social insurance fund budget.
the general public budget, government fund budget, state-owned capital operation budget and social insurance fund budget should be kept complete and independent. Government fund budget, state-owned capital operation budget and social insurance fund budget should be linked with the general public budget. Article 6 The general public budget refers to the revenue and expenditure budget for safeguarding and improving people's livelihood, promoting economic and social development, safeguarding national security and maintaining the normal operation of state institutions.
the general public budget of the central government includes the budgets of various central departments (including directly affiliated units, the same below) and the budgets of tax refund and transfer payment from the central government to local governments.
the general budget revenue of the central government includes the revenue of the central government at the same level and the revenue from local governments to the central government. The general budget expenditure of the central government includes the expenditure of the central government at the same level, the tax refund from the central government to the local government and the transfer payment. Article 7 Local general public budgets at all levels include the budgets of various departments at the corresponding level (including directly affiliated units, the same below) and the budgets of tax refund and transfer payment.
the budgetary revenues of local governments at all levels include local revenues at the same level, tax rebates and transfer payments from higher-level governments to governments at the same level, and revenues from lower-level governments. Local general public budget expenditures at all levels include local level expenditures, upper-level expenditures, tax rebates and transfer payments to lower-level governments. Article 8 The budgets of various departments are composed of the budgets of their own departments and their subordinate units. Article 9 The government fund budget refers to the funds collected, collected or raised by other means from specific objects within a certain period of time in accordance with the provisions of laws and administrative regulations, and is specially used for the revenue and expenditure budget of the development of specific public undertakings.
the budget of government funds should be compiled according to the income and actual expenditure needs of fund projects, so as to ensure that the income will be used to determine the expenditure. Article 1 The operating budget of state-owned capital is the revenue and expenditure budget for making expenditure arrangements for the income of state-owned capital.
the operating budget of state-owned capital shall be prepared in accordance with the principle of balance of payments, with no deficit, and the funds shall be transferred to the general public budget. Eleventh social insurance fund budget is the social insurance contributions, general public budget arrangements and other means to raise funds, earmarked for social insurance revenue and expenditure budget.
the budget of the social insurance fund should be compiled separately according to the overall planning level and social insurance items, so as to achieve a balance between revenue and expenditure. Article 12 Budgets at all levels shall follow the principles of overall consideration, diligence and thrift, acting according to one's ability, stressing performance and balancing revenues and expenditures.
governments at all levels should establish a cross-annual budget balance mechanism. Thirteenth approved by the people's Congress budget, without legal procedures, shall not be adjusted. The expenditures of governments at all levels, departments and units must be based on the approved budget, and those not included in the budget shall not be spent. Article 14 Reports and statements on the budget, budget adjustment, final accounts and budget implementation approved by the people's congress at the corresponding level or its standing committee shall be made public by the financial department of the government at the corresponding level within 2 days after approval, and important matters such as the arrangement and implementation of financial transfer payments by the government at the corresponding level and the borrowing of debts shall be explained.
departmental budgets, final accounts and statements approved by the financial department of the government at the corresponding level shall be made public by all departments within 2 days after approval, and important matters such as the arrangement and use of the operating funds of the organs in the departmental budgets and final accounts shall be explained.
governments at all levels, departments and units should disclose the situation of government procurement to the public in a timely manner.
the public matters specified in the first three paragraphs of this article, except those involving state secrets. Article 15 The state practices the central and local tax sharing system. Article 16 The State implements the financial transfer payment system. Financial transfer payment should be standardized, fair and open, with the main goal of promoting the equalization of basic public services between regions.
financial transfer payment includes the transfer payment from the central government to the local government and the transfer payment from the local higher-level government to the lower-level government, which is based on the general transfer payment that balances the basic financial resources between regions and is arranged and used by the lower-level government as a whole.
according to laws, administrative regulations and provisions of the State Council, special transfer payments can be set up to handle specific matters. Establish and improve the regular evaluation and withdrawal mechanism of special transfer payments. No special transfer payment shall be set up for matters that can be effectively regulated by the market competition mechanism.
when arranging special transfer payments, the higher-level government shall not require the lower-level government to bear the matching funds. However, in accordance with the provisions of the State Council, matters that should be undertaken by the higher and lower governments are excluded.