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Budget Law of the People's Republic of China (revised on 20 18)
Chapter I General Provisions Article 1 This Law is formulated in accordance with the Constitution in order to standardize 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 healthy economic and social development. 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 government-level budget, and establishes five-level budgets for the central government, provinces, autonomous regions, 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.

Local budgets at all levels are composed of budgets at the same level and summary budgets at the next level; If there is only a lower-level budget, the lower-level total budget refers to the lower-level budget. 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 Budgets include 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 remain complete and independent. Government fund budget, state-owned capital operation budget and social insurance fund budget should be connected 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 budget 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 of 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 same level (including directly affiliated units, the same below) and the budgets of tax rebates and transfer payments.

Local general public budget revenue at all levels includes local revenue at the same level, tax refund and transfer payment from higher-level government to the government at the same level, and income from lower-level government. General public budget expenditures at local levels include local level expenditures, higher-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 subordinate units. Article 9 The government fund budget refers to the funds collected, collected or raised by other means from specific objects in a certain period of time in accordance with the provisions of laws and administrative regulations, and is used exclusively for the revenue and expenditure budget of the development of specific public utilities.

The budget of government funds shall be compiled according to the income and actual expenditure of fund projects to ensure the fixed income. Article 10 The operating budget of state-owned capital is the revenue and expenditure budget for the expenditure arrangement of state-owned capital gains.

The operating budget of state-owned capital is compiled according to the principle of balance of payments, and there is no deficit, and the funds are transferred to the general public budget. Article 11 The budget of social insurance fund is the funds raised through social insurance payment and general public budget arrangement, and is used exclusively for the revenue and expenditure budget of social insurance.

The budget of the social insurance fund shall be compiled separately according to the overall level and social insurance items, so as to achieve a balance of payments. Article 12 Budgets at all levels shall follow the principles of overall consideration, diligence and thrift, acting according to one's ability, paying attention to performance and balancing revenues and expenditures.

Governments at all levels should establish a cross-annual budget balance mechanism. Article 13 The budget approved by the people's congress shall not be adjusted without legal procedures. 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 20 days after approval, and important matters such as the arrangement and implementation of financial transfer payments at the corresponding level, borrowing debts, etc. shall be explained.

The departmental budgets, final accounts and statements approved by the financial department of the government at the corresponding level shall be made public within 20 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, departments and units at all levels shall promptly disclose the situation of government procurement to the public.

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 payments should be standardized, fair and open, and the main goal is to promote 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. The general transfer payment is the main body, which 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 the 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. For matters that can be effectively regulated by the market competition mechanism, no special transfer payment shall be established.

When arranging special transfer payments, the higher-level government shall not require the lower-level government to bear matching funds. However, according to the regulations of the State Council, the matters that should be undertaken by the governments at higher and lower levels are excluded.