Ministry Of Civil Affairs Legislation Provisions

Original Language Title: 民政部立法工作规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398649.shtml

Ministry of civil affairs legislation provisions

    (January 9, 2014 the Ministry of Civil Affairs to 51st, published since March 1, 2014) Chapter I General provisions

    First in order to standardize the legislation work of the Ministry of Civil Affairs, improve the scientific level of legislative work, according to the People's Republic of China Law on legislation, the formulation of administrative regulations Ordinance, the rulemaking procedures Ordinance, the Archivist filing of regulations and regulations and other relevant provisions, combined with home work, these provisions are formulated.

Second draft took the preparation of draft laws and administrative regulations of Civil Affairs, to enact, amend and repeal of rules, these provisions shall apply.

    Draft laws, administrative regulations and Department rules in the provisions referred to in the draft regulations.

    Article III Ministry of Civil Affairs, legislation should be consistent with national legislative systems, in accordance with legal authority and procedure, proceed from reality, reflecting the request of economic and social development, reflecting the will of the people, the unity and dignity of the Socialist legal system.

Fourth Department of policy and regulation in accordance with the provisions of article organization, coordinating Ministry legislation, is responsible for preparing and supervising the implementation of legislative planning and planning, the Organization of legislative coordination, review and drew attention to the discussion at the ministerial meeting for consideration of the draft regulations and other legislation.

    Other divisions of the Department (Bureau) in accordance with these provisions, within the scope of their respective duties and responsibilities related to the legislation.

    Chapter legislative planning and programmes

Fifth Ministry according to the actual needs of the development of home preparation of legislative planning, through the development of annual legislative plans to gradually implement it.

The preparation of legislative planning, legislative work should be based on the national people's Congress, the State Council and the Ministry of plans, by the Division of policy and regulation on the (Bureau) summary of proposed legislation after research and formulate, drew attention to the Ministerial Conference for consideration.

    Annual legislative programme should be combined with the annual legislative programme completion, by the Division of policy and regulation at the (Bureau) summary of proposed legislation after research and formulate, drawing attention to Ministerial Office for consideration.

Sixth compilation of legislative planning and prepare the annual legislative programme shall follow the focused and integrated a combination of principles, adhere to, instead, waste simultaneously.

    Legislative projects for inclusion in the national people's Congress legislative planning or the legislative work programme, by the Division of policies and regulations in accordance with the relevant regulations.

    Article seventh Division (Bureau) presented legislative proposals should include the project name, making necessity of legislation, development of basis, plans to establish the system of the main, submissions and drafting Division (Bureau), and so on.

Eighth annual legislative plans in the process of implementation, and can be adjusted according to the actual situation.

    Adjust the annual legislative programme, the relevant Division (Bureau) shall submit a written proposal, organized by the policy and regulations Division demonstrated, in charge of business and legal affairs after the Ministry of audit reported to the Minister for approval before implementation.

    Chapter drafting Nineth legislative projects listed in the annual legislative programme by the Planning Division for a clear division of labour (Bureau) responsible for drafting.

There are two or more divisions (Bureau), and came in first place as the host Department (Bureau), the other for Division (Bureau).

    In accordance with work requirements, draft legislation can be drafted or drafted by the policy and regulations Division.

Tenth draft regulations, drafting group should be set up, a programme of work, identify a Department (Bureau) responsible to act as heads of, implementation of the drafter, drafting tasks, timelines, safeguard measures.

    Draft draft draft laws and administrative regulations, policy and regulation should be attended the drafting group.

    11th draft laws, subordinate institutions, social organizations and relevant experts and scholars are invited to participate in, or may appoint subordinate institutions, social organizations and other bodies.

    12th draft regulations should be thorough investigations and studies, using domestic and foreign legislation experiences and listened to the opinions and suggestions of the civil affairs departments at all levels. 13th draft regulations should be on matters relating to other departmental responsibilities, terms of reference, full communication and consultation with the relevant departments.

    After negotiation failed to achieve consensus, should be submitted for an explanation about the situation when the draft regulations. Article 14th draft regulations should be to clean up the existing regulations.

    On the same subject, and if necessary the existing provisions of the regulations are not consistent, it should be abolished in the draft or the application of the provisions of the existing regulations, and submit the draft regulations, explain the situation and reason. 15th draft regulations, should listen to public views.

Hearings can take meetings, on-line consultation, written comments, and other forms. To be established involving public interests, social attention system, social risk assessment should be carried out.

    Proposed establishment of an administrative license, the administrative enforcement provisions, shall comply with the relevant legal provisions.

16th legislation drafted after the completion of the draft articles, the Drafting Division (Administration) regulations the draft text and explanatory materials should be submitted to the policy and regulations Division for review.

Documentation should highlight the necessity of the legislation, draft specification of realities in the field, the main problems, major systems and measures established, interested parties and dealing with the situation, foreign legislation and so on.

    Submitted to the examination of the text of the draft regulations and explanatory materials, should be left to the Drafting Division (Council) principals signed Division (Bureau) jointly drafted, should be jointly signed by the principals.

    The fourth chapter reviews

Article 17th policy and regulation review the draft regulations from the following areas:

(A) compliance with statutory authority and procedures;

(B) compliance with national policy and major decisions;

(C) coordinate with the relevant regulations and cohesion;

(D) whether proper handling and coordination of relevant organs, organizations and citizens ' views on the draft regulation;

(V) compliance with legislative requirements;

    (F) the need to review more.

18th article submitted to the review of the draft regulations, one of the following circumstances, can stride or sent back to the drafting of the policy and regulations Division Secretary (Bureau):

(A) legislation the basic conditions are not mature;

(B) the main systems and measures established by controversy, the Drafting Division (Bureau) not communicate and negotiate;

(C) does not comply with the provisions of article 16th.

    Stride or refund process on the draft regulations, shall notify the Division of drafting of the policy and regulations Division (Bureau), state the reasons and put forward suggestions.

19th in the review process, the policy and regulations Division should undertake the following tasks:

(A) draft regulations dealing with the main problems about sectors, organizations and experts in writing for comments;

(B) draft regulations dealing with the major grass-roots field research, listen to the views of relevant organs, grass-roots organizations and citizens;

(C) draft regulations dealing with major issues, relevant units and experts attended the meeting convened, feasibility study meeting, listening, research and demonstration;

(D) to coordinate different opinions on legislation.

Serious disagreement on legislative issues, policy and regulation should be actively associated with NPC special committees and Chairman of the NPC Law Committee and the State Council Legislative Affairs Agency communication, to hear their views.

    Still cannot reach a consensus for coordinated, to set out the arguments of the parties, proposed and submitted to the Ministry of a clear bias. Article 20th among should be kept confidential in accordance with law, draft regulations for public comment.

    Depending on policy and regulation in accordance with the relevant regulations.

Article 21st according to the review, shall, together with the drafting of the policy and regulations Division Secretary (Bureau) to submit draft regulations under review and instructions to modify the draft.

    Changes to the draft regulations be reviewed policy and regulation, audit and report to the Minister in charge of Legal Affairs Department leadership established, drew attention to the ministerial meetings or discussions or consideration.

    Fifth chapter decisions, disclosure and filing

22nd ministerial meetings to discuss draft laws, administrative regulations, the draft regulations, drafted by the policy and regulation description, drafting Department (Bureau) added.

    According to the points made by ministerial meetings, and shall, together with the drafting of the policy and regulations Division Secretary (Bureau) make modifications to the draft regulations, and shall be reported in accordance with the relevant procedures of the validation.

    Decisions submitted to the State Council after the 23rd ministerial meeting to discuss draft laws, draft administrative regulations, on behalf of the Ministry of Finance issued, signed by the Minister. 24th ministerial meeting adopted draft regulations published by the Minister signed an order.

Joint regulations published by the jointly developed by heads of departments jointly signed, using the host command sequence number.

    Regulations need to report it to the State Council for approval before publication, by the Division of policies and regulations in accordance with the relevant regulations. 25th after the promulgation of regulations, the Ministry of Civil Affairs website, shall be promptly published the full text of the Gazette of the Ministry of civil affairs.

Need to publish news, published by the Ministry of Civil Affairs spokesman.

    The published text of the regulations of the Ministry of civil affairs statement for the standard version.

    26th using the Ministry of civil affairs command sequence number rule, by the Division of policies and regulations in accordance with the Archivist filing of regulations and provisions of the regulations, uniform to the State Council for the record.

    Sixth chapter explains, assessment, clean up

27th use regulations by the Ministry of civil affairs is responsible for the interpretation of the Ministry of civil affairs command sequence number.

Interpretation of regulations drafted by the former Secretary (Bureau) to draft and send policy and regulation review, audit and report to the Minister in charge of Legal Affairs Department leadership established, drew attention to the Ministerial Conference for consideration.

Explain the reference to the provisions of the joint regulations.

    Regulations interpretation and has the same effect.

28th with civil affairs command sequence number after the implementation of the regulations, carried out by the Ministry of civil affairs is responsible for the implementation, the implementation assessment.

Assessment of the implementation of the policy and regulations Division of the regulations, the relevant Division (Bureau) in accordance with the responsibility to work together.

    Joint assessment of the regulations with reference to these provisions.

29th Civil Affairs command sequence number of regulations by the Ministry of civil affairs is responsible for cleaning up, according to cleanup promptly of any amendment, repeal, and so the appropriate treatment. Cleanup regulations drafted by the former Secretary (Bureau) Organization and implementation, policy and regulation works well.

Attention in accordance with the relevant provisions of the State Council deployed by the Department. Regulatory clearance results should be brought to the Ministerial Conference for consideration.

    Clearance and remain in force, repealed and regulations for the failure of the directory should be announced to the public.

    Article 30th by the Ministry of civil affairs in charge of drafting the laws, administrative regulations, the national people's Congress, the State Council proposed to explain views or the initiative of the Ministry of Civil Affairs, explained the proposed reference to regulations to explain the procedures.
Other provisions of the seventh chapter

    31st views of other departments draft regulations for the Ministry of Civil Affairs, handled by the policy and regulations Division of centralized, relevant departments (bureaus) shall cooperate, in accordance with the responsibilities of responses in a timely manner.

32nd Ministry to attend the national people's Congress and its Standing Committee, the State Council relevant discussion or consideration of draft laws and administrative regulations, and by the policy and regulations Division, in conjunction with relevant departments (bureaus) according to the time required to prepare the following materials:

(A) the processing of the draft in the past, and related materials;

(Ii) feedback on the draft amendment of Civil Affairs;

    (Iii) other materials associated with the draft.

    Article 33rd serial number need to translate foreign-language versions of the regulations using the Ministry of civil affairs command, translated by the policy and regulations Division, the original drafting Division (Bureau), Department of Department of international cooperation, assistance, in accordance with the relevant provisions of rule of law institutions audited by the State.

    34th article editing and publishing of policy and regulation in accordance with the law regulations, concerning laws, administrative rules and regulations of the civil administration to compile.

    The eighth chapter by-laws

    Article 35th of normative documents issued in accordance with the Ministry of Civil Affairs of normative documents and review of the implementation of the measures.

36th article of the regulations come into force on March 1, 2014. Issued on July 28, 2005, the Ministry of Civil Affairs, legislative provisions on the working procedures (private (2005), 9th) repealed simultaneously.