China AI Regulatory Framework

In China, multiple departments have assumed regulatory responsibilities for AI technologies.

Under the strategy of the State Council, in response to the rapid advancement of AI technologies, the National Development and Reform Commission has taken the lead in coordinating efforts across multiple departments, including the Ministry of Science and Technology of the People’s Republic of China, the Ministry of Industry and Information Technology of the People’s Republic of China, the Ministry of Public Security of the People’s Republic of China, the Ministry of State Security of the People’s Republic of China, the Ministry of Foreign Affairs of the People’s Republic of China, the Cyberspace Administration of China, the State Administration for Market Regulation, and the National Data Administration, which have formulated a series of AI regulatory measures based on their respective mandates of specific application scenarios. These regulatory initiatives provide comprehensive guidance and standardization for the development of AI from multiple perspectives, thereby laying a solid institutional foundation for the healthy and sustainable growth of AI technologies in China.

The State Council has charted the blueprint for comprehensive development of AI. The Communist Party of China Central Committee and the State Council consistently attach importance to the advancement and governance of AI. “AI serves as a pivotal driving force in the new wave of scientific and technological revolution and industrial transformation. Accelerating the development of next-generation AI is a strategic imperative that related to whether China can seize the opportunity of a new round of scientific and technological revolution and industrial transformation,” President Xi Jinping said. “It is imperative to integrate multidisciplinary efforts to enhance research on the legal, ethical, and social issues pertaining to AI, and to establish and refine a legal framework, institutional system, and ethical norms, ensuring the healthy development of AI.” Since the State Council first proposed the development of the AI industry, in the 2015, the Guiding Opinions on Actively Promoting the “Internet Plus” Action Plan, it once again promulgated the Next Generation Artificial Intelligence Development Plan in 2017, which strategically maps out the future trajectory of AI development in China. This plan establishs a three-step strategic objective for the evolution of next-generation AI: by 2020, the overall technology and application of AI are to be on par with the world’s advanced levels; by 2025, significant breakthroughs in the fundamental theories of AI are to be achieved, with some technologies and applications reaching world-leading standards; and by 2030, the theories, technologies, and applications of AI are to be comprehensively at the forefront globally, making China a primary center for AI innovation.

The National Development and Reform Commission (NDRC) takes the lead in implementing the guidelines, policies, and decisions by the CPC Central Committee concerning AI. In accordance with the arrangements by the Central Committee, the NDRC plays a pivotal role in the planning, monitoring, coordination, and promotion of AI development. It formulates and implements AI development plans, monitors and forecasts the impact of AI on economic and social development, coordinates the application of AI across various industries, and vigorously advances the “AI Plus” initiative, driving industrial innovation through technological innovation and promoting institutional and mechanism innovation. The NDRC has successively issued documents such as the Implementation Plan for the Three-Year Action on “Internet Plus” AI, the Implementation Plan for the Collaborative Innovation System of National Integrated Big Data Centers as Computing Hubs, and the Implementation Opinions on Deepening the “East Data West Computing” Project to Accelerate the Construction of a National Integrated Computing Network. These documents explicitly propose the cultivation and development of emerging AI industries, the construction of national computing hubs for an national integrated computing network, the vigorous development of national-data center clusters, and the acceleration of the national big data strategy, East Data West Computing.

The Ministry of Science and Technology of the People’s Republic of China (MST) focuses on advancing fundamental research and application deployment in AI. The MST is responsible for promoting the construction of the national innovation system, addressing strategic, directional, and overarching issues in the field of AI, formulating and implementing strategic scientific tasks and major research projects in AI, driving AI development and industrialization, leading research on AI-related legislation, and conducting AI ethics construction and review. Documents issued by the MST, such as the Guiding Opinions on Accelerating Scenario Innovation to Promote High-Quality Economic Development through High-Level AI Applications and the Notice on Supporting the Construction of Next-Generation AI Demonstration Application Scenarios, aim to explore effective application scenarios for AI technologies and promote the high-end and efficient development of the intelligent economy. The Guidelines for the Construction of National Next-Generation AI Open Innovation Platforms and the Guidelines for the Construction of National Next-Generation AI Innovation and Development Pilot Zones require the creation of AI open innovation platforms and the establishment of approximately 20 pilot zones, striving to build a number of AI innovation hubs with significant leading and driving effects. Additionally, in 2019, the MST established the National Governance Expert Committee for Next-Generation AI, which specifically tasked with coordinating the formulation of policies and regulations related to AI. Documents such as the Governance Principles for Next-Generation AI—Developing Responsible AI, the Ethical Norms for Next-Generation AI, and the Measures for the Review of Scientific and Technological Ethics (For Trial Implementation) propose frameworks and action guidelines for AI governance, refine the processes and requirements for scientific and technological ethics review, and actively guide society in conducting AI research and application responsibly.

The Ministry of Industry and Information Technology of the People’s Republic of China (MIIT) promotes the deep integration of AI with various industries. The MIIT formulates and implements plans, policies, and technical standards related to AI in the industry and telecommunications, advances energy conservation and comprehensive resource utilization in AI, and fosters the integration of AI with various sectors. Additionally, it is responsible for international AI governance in the telecommunications field, actively engaging in AI cooperation and exchanges with international organizations such as the G20, the International Telecommunication Union (ITU), the Asia-Pacific Telecommunity (APT), and the United Nations Industrial Development Organization (UNIDO). Through the issuance of documents such as the Implementation Opinions on Promoting the Innovative Development of Future Industries, the Three-Year Action Plan for Promoting the Development of the Next-Generation AI Industry (2018–2020), and the 14th Five-Year Plan for the Development of the Big Data Industry, the MIIT has proposed specific measures to strengthen fundamental research and applied technology development to promote the deep integration of AI and manufacturing, accelerate the cultivation of the data factor market and advance the construction of 5G, computing  infrastructure, and industrial internet. These efforts aim to build a new type of digital infrastructure characterized by high speed, ubiquity, integration, intelligence, green development, security, and efficiency.

The Ministry of Public Security of the People’s Republic of China (MPS) supervises AI that may impact social order and combats criminal activities. In accordance with laws and regulations such as the Criminal Law of the People’s Republic of China, the Cybersecurity Law of the People’s Republic of China, the Data Security Law of the People’s Republic of China, and the Personal Information Protection Law of the People’s Republic of China, the MPS oversees the research, development, and application of AI that may affect social order, with a focus on combating criminal activities such as telecom fraud, cyber theft, and cyberattacks that utilize AI. At the same time, the MPS strengthens cooperation with other departments and agencies to establish a multi-level, multi-domain joint prevention and control mechanism. It assumes responsibility for the supervision of emerging technologies such as algorithms, deep synthesis, and generative AI to ensure their lawful and reasonable application.

The Ministry of State Security of the People’s Republic of China (MSS) combats criminal activities involving AI that may endanger national security. To safeguard and promote the modernization of socialist construction and strengthens counter-espionage efforts, the MSS ensures national security. In accordance with laws such as the National Security Law of the People’s Republic of China and the National Defense Law of the People’s Republic of China, the MSS conducts national security work in the field of AI to prevent the leakage of AI technology and security threats, and to stop and punish criminal activities legally that may endanger national security in the field.

The Ministry of Foreign Affairs of the People’s Republic of China (MFA) leads international cooperation on AI governance. The MFA coordinates with various departments to oversee international AI governance, including rule-making, bilateral dialogues, and participation in international organizations, which ensure China’s voice and influence in the global AI field. Through cooperation with international organizations such as the United Nations and the G20, the MFA promotes the establishment of a fair, just, and inclusive global AI governance system. Relying on laws such as the National Security Law of the People’s Republic of China, the Foreign Trade Law of the People’s Republic of China, and the Science and Technology Progress Law of the People’s Republic of China, the MFA strengthens bilateral and multilateral cooperation with other countries in AI technology, security, and ethics to prevent technology misuse and security threats.

The Cyberspace Administration of China (CAC) substantially undertakes AI governance functions at the current stage. Building on content security governance, the CAC has developed governance frameworks for algorithms, deep synthesis, and generative AI, effectively assuming AI governance responsibilities at this stage. It has issued important regulations such as the Guiding Opinions on Strengthening the Comprehensive Governance of Internet Information Service Algorithms, the Regulations on the Management of Algorithm Recommendations for Internet Information Services, the Regulations on the Management of Deep Synthesis for Internet Information Services, and the Interim Measures for the Management of Generative AI Services, which clarify the overall requirements and legal responsibilities for providing and using generative AI services. The safety assessment, filing system, and labeling obligations proposed by the CAC have become key measures in AI regulation, establishing a preliminary AI governance framework. Additionally, the CAC released the Global AI Governance Initiative, advocating a people-oriented, intelligent and kind approach to AI development and calling for international cooperation based on mutual respect, equality, and mutual benefit. Currently, multiple departments of the CAC participate in AI governance, focusing on data, algorithms, and computility. For example, the Measures for the Security Assessment of Data Exports provides detailed rules for regulating data export security. Through these measures, the CAC plays a critical role in strengthening the safety management of AI technologies and applications, ensuring their development and use in a secure and controllable environment.

The State Administration for Market Regulation (SAMR) supervises the quality and safety of AI products and services. The SAMR plays a key role in maintaining fair market competition and protecting consumer rights. In accordance with existing laws such as the Product Quality Law of the People’s Republic of China, the Anti-Unfair Competition Law of the People’s Republic of China, the Anti-Monopoly Law of the People’s Republic of China, and the E-Commerce Law of the People’s Republic of China, the SAMR oversees the market circulation, online transactions, product quality, and service behaviors, to review and enforce laws against monopolistic practices, unfair competition, and abuse of market dominance in the AI field. For instance, in the e-commerce sector, the SAMR can require AI suppliers to provide search results based on factors such as price, sales volume, and credit, as stipulated in the E-Commerce Law, then offer non-personalized search options. Meanwhile, the National Standards Committee under the SAMR has issued the Guidelines for the Construction of a National Standard System for Next-Generation AI, further clarifying the guiding principles for AI standardization and promoting the standardization of AI products and services.

The National Data Administration (NDA) coordinates the integration, sharing, and utilization of data resources. Since its establishment, the NDA has released documents such as the Three-Year Action Plan for “Data Factor times” (2024–2026), the Key Tasks for the Digital Economy in 2024, and the Guiding Opinions on Deepening Smart City Development and Promoting Comprehensive Urban Digital Transformation. These initiatives aim to coordinate the development of basic data institutions, actively establish an integrated data management platform, promote the opening and sharing of public data, and facilitate the extensive use of data resources in AI research, development, and applications, thereby providing a solid data foundation for the advancement of AI technologies.

Table 1.1 Current Status of Domestic Laws and Policies For AI Regulation

Overview of China AI Regulatory Authorities