Advanced Search

Ministry Of Provisions On Legislation Work

Original Language Title: 文化部立法工作规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(Released March 6, 2006 the Ministry of culture, the 37th since April 10, 2006) Chapter I General provisions article to standardize the legislation work of the Ministry of culture, guarantee the quality of cultural legislation and improve its efficiency, under the law on legislation, the formulation of administrative regulations Ordinance, the rulemaking procedures Ordinance and the Archivist filing of regulations and regulation, considering the actual situation the Ministry of culture, this provision is enacted. Second article this provides by said legislation work is refers to: (a) prepared medium-and long-term culture legislation planning (following referred to legislation planning) and annual culture legislation plans (following referred to annual legislation plans); (ii) according to national NPC, and State delegate or authorized, drafting, and reported culture legal, and administrative regulations draft; (three) according to legal, and administrative regulations authorized and Ministry of culture duties, developed sector regulations; (four) for implementation legal, and administrative regulations and sector regulations developed has general binding of normative file; (five) amendment, and
    Abolished regulations and normative documents; (vi) explaining departmental regulations and (VII) other cultural legislation.
    Article III legislative work should be guided by the following principles: (a) the provisions of constitutional, legal and administrative regulations, (ii) to protect the legitimate rights and interests of citizens, legal persons and other organizations, (iii) scientific and cultural powers and responsibilities of the Executive Branch; (iv) based on the actual, extensive research and full consultation, (v) and manpower planning, focused.
    Article fourth by the centralized management of the policy and regulations Division, the Division (Bureau) in accordance with the Division of duties. Fifth article policy regulations Division in legislation work in the bear following duties: (a) prepared, and organization and supervision implementation legislation planning and annual legislation plans; (ii) Organization, and coordination legislation research; (three) Organization drafting legal, and administrative regulations and sector regulations; (four) audit the Division (Council) drafting of legal, and administrative regulations and sector regulations draft trial draft (following referred to trial draft); (five) organization coordination on sector regulations and normative file of explained work; (six) is responsible for regulations record work; (seven) Organization cleanup, and
    Compilation of laws, administrative regulations, departmental rules and regulatory documents; (VIII) other cultural legislation.
    Article sixth eighth and 56th of the legislative law, for legal and administrative regulations should be developed.
    In the administration following matters within the competence of the Ministry of culture, rules should be established: (a) set of administrative penalty in accordance with law, (ii) the implementation of administrative license according to law; (c) authorized pursuant to the relevant laws and administrative regulations, the need for specific measures for implementation, (d) has a great impact on the interests of the private.
    Relates to matters within the competence of other administrative departments under the State Council, formulate administrative regulations, conditions are not ripe, and regulations should be enacted jointly with other departments under the State Council.
    Seventh chapter projects promote administration according to national requirements and cultural needs of the Ministry of culture in the development of legislative planning and the annual legislative programme.
    Article eighth divisions of ministries (Bureau) consider need to develop laws, administrative regulations and Department rules, on December 10 every year before project applications submitted to the policy and regulations Division.
    Nineth article submitted developed legal, and administrative regulations and sector regulations of project application, should including following content: (a) name, and drafting units and the project head; (ii) legislation need, including legislation according to and the by to solution of problems; (three) intends established of main system, as needed set administrative license of, should description set the administrative license of need, and on economic and social may produced of effect and heard and adopted views of situation; (four) progress situation and progress arrangements; (five) other about material.
    Does not meet the provisions of the preceding paragraph, not the project.
    Tenth Division for policy and regulations Division of the (Council) after reviewing submitted project applications, preparation of annual legislative plans, announced after the approval of the Ministry.
    11th article included annual legislation plans of project, according to progress situation is divided into two class: (a) completed project, is refers to research argument full, and legislation conditions mature, and need in plans annual within through Department works Conference considered of project; (ii) research project, is refers to in plans annual within carried out research, and argument, to drafting, stay timing mature Shi submitted Department works Conference considered of project. 12th Division (Council) considers it necessary to adjust the annual legislation plan should propose adjustments to the policy and regulations Division.
    Review of the policy and regulations Division held that it needed adjustment, reported to the Ministry for approval.
    13th policy and regulation should be to monitor the implementation of the annual legislative programme and to inform the ministerial meetings in a timely manner.
    14th under the national people's Congress, the State Council unified plans and requirements, preparation and implementation of legislative planning, refer to the provisions of this chapter.
    15th heritage legislation plan and the annual legislative programme drawn up by the State Bureau of cultural relics, reported to the Ministry of culture, for the record. Chapter drafted 16th in legislative planning and the annual legislative programme the laws, administrative regulations and Department rules, project applications by Department (Bureau) responsible for drafting.
    Drafting unit members relatively fixed the drafting group should be established and provide the necessary funding. 17th the drafting of laws, administrative regulations and Department rules, should conduct in-depth studies and practical experience, listen to the views of relevant bodies, organizations and citizens.
    Hearings may be in written comments, forums, feasibility study meeting, hearing and other forms.
    Drafting of laws, administrative regulations and Department rules concerning other divisions within the Department (Bureau) business, drafting units should work with the relevant departments (bureaus) of consensus is difficult to reach agreement through consultation, leadership decisions.
    Drafting of laws, administrative regulations and Department rules concerning other Department duties or work closely with other departments, drafting units should be active for comments, consensus with the authorities; after adequate consultations cannot agree, when drafting units shall report the draft explanations and justifications.
    18th the drafting of laws, administrative regulations and Department rules, should work with the existing laws, administrative regulations and Department policies on cohesion and coordination.
    Already have laid down by laws, administrative regulations, departmental Regulations provisions, in principle, will not repeat.
    19th drafting laws, administrative regulations and Department rules, it should be logical, reasonable structure, provisions clear and specific, concise wording accurate and operable. 20th laws, administrative regulations, departmental rules required by its content, can be divided into chapters, sections, articles, paragraphs, items, and accounts.
    Serial numbers of the chapters, sections, articles with Chinese number sequentially, not numbered, ordinal in Chinese digital bracket order in order to sequentially number in Arabic numerals.
    Apart from the complex, and rules are generally not divided into chapters and sections. Name of the article 21st departmental regulations can be called requirements, approaches, implementing rules, but not said regulations or notices, circulars, advertisements.
    On one aspect of the Administration as a more comprehensive and systematic provisions, saying that "require"; compare specific provisions of a administration, called the "approach"; provides for specific implementation of administrative rules and regulations, can be called "implementation rules".
    Rules, procedures, standards, job description and diagram, implementation plan and other regulatory documents can be published as an annex to the regulations or the separate, shall be prescribed by the regulations.
    22nd article draft submitted to the policy and regulations Division of the draft should be signed by the drafting unit in charge.
    23rd drafting unit to review the draft submitted to the policy and regulations Division, should be submitted draft notes and related materials.
    Draft should generally include the following: (a) the legislative purpose and the basis, (ii) adjustment range, (iii) principles; (iv) basic system and concrete measures (e) liability or, reward and punishment regulations; (vi) effective date; (g) other relevant content.
    Description should include the following: (a) the legislative necessity; (b) drafting the basic passing by, and (iii) to solve the main problem; (d) to establish the primary system and measures, (v) interested parties and listen to the views of; (vi) other issues of note.
    Related materials include summaries of opinions, hearing transcripts, research reports, and relevant legislation, and more.
    The fourth chapter review article 24th draft policy and regulation for the single audit.
    Policy regulations Division should focus from following aspects on trial draft for audit: (a) currently exists of problem whether needed legislation solution; (ii) established of main system whether can effective solution currently exists of problem, whether feasible; (three) and existing effective of legal, and administrative regulations and policy whether conflict; (four) research argument whether full, on the aspects views of processing whether right, and reasonable; (five) whether meet legislation technology requirements. 25th in the process of policy and regulation in examining the draft and, if necessary, can be consulted again. Specific form including: (a) will trial draft or trial draft involved of problems sent about organ, and organization and experts sought views; (ii) on trial draft involved of problems, outreach for field investigation, heard grass-roots about organ, and organization and citizens of views; (three) trial draft involved major problem of, held by units, and experts participate in of Symposium, and feasibility study meeting, heard views, research argument; (four) trial draft directly involved citizens, and corporate or other organization vital interests, about organ, and Organizations or citizens have major differences of opinion, drafting unit was not announced to the public in the drafting process, nor hold hearings, approved for release to the community or hold a hearing upon by ministerial leadership.

    26th relevant authorities or departments to draft the main measures have different views, the Division of management, permissions, policy and regulation should be coordinated, consensus; fail to reach a consensus, should be major issues, relevant agencies or departments reporting and policy Secretary.
    27th should carefully examine all aspects of the policy and regulations Division, after consultation with the drafting unit, modifications to the draft, draft form and a description of the draft.
    And instructions signed by the Chief of the policy and regulations Division of the draft, put forward recommendations for ministerial meetings for consideration.
    28th heritage aspects of the draft laws, administrative regulations and Department rules, approved by the National Heritage Board legal agencies to fully implement responsibility, signed by the head of the State Bureau of cultural relics directly after the ministerial meeting.
    The fifth chapter decided to 29th laws, administrative regulations and Department rules shall be decided upon by ministerial Affairs meeting.
    Article 30th ministerial meeting to consider laws, administrative regulations and Department rules draft, described by the policy and regulations Division, or drafting unit briefly.
    Cultural relics of the draft laws, administrative regulations and Department rules, made by the National Heritage Board description.
    31st shall, together with the drafting of the policy and regulations Division Unit modified according to ministerial meetings consideration of the draft opinion on, forming the amended draft, signed by Ministers.
    Heritage laws, administrative regulations and Department rules draft according to the deliberations of the ministerial meetings need to be modified, signed by the Minister of national heritage Board revised report.
    Article 32nd draft laws and administrative regulations in accordance with the law on legislation, the formulation of administrative regulations procedures procedures under the regulations submitted to the State Council.
    Article 33rd regulations published in the form of ministerial orders, ministerial order shall include the rules of the enacting body, serial number, name, signature, date of adoption, date of execution, Minister, and the release date.
    Article 34th after signing and promulgation, the regulations, the Ministry of culture website, the China culture daily should be published in a timely manner. 35th rules should come into force after the 30th from the date of promulgation.
    However, involving national security and other important matters, and after the publication of not immediately implemented will impede the regulations to implement, can come into force on the date of promulgation. Sixth chapter filing and interpretation of article 36th regulations upon signing and promulgation, drafting regulations published in the 5th printing of complete regulations and description text bound in 15 copies, send policy and regulation.
    Secretary should draw up policies and regulations for filing reports, in accordance with the Archivist filing of regulations and provisions of the regulations, uniform to the State Council for the record.
    37th needs to further clarify the meaning of the provisions in laws and administrative regulations, boundaries, or the need for supplementary regulations, by the policy and regulations Division, in conjunction with relevant departments (bureaus) comments, after the issue of the leadership of the Department, shall be reported according to prescribed procedures explain the enacting body.
    38th rule has one of the following conditions by the Ministry of culture is responsible for the interpretation: (a) the regulations needs to further clarify the specific meaning of; (b) the enactment of regulations there is a new situation, need to be clearly applicable regulations based on the.
    Rules interpretation by reference of the policy and regulations Division draft audit program comments submitted to the decision of the Ministerial Conference will be announced.
    Heritage interpretation of the regulations, shall be reported by the National Heritage Board announced after the decision of the Ministerial Conference.
    Interpretation of the rules and regulations shall have the same effect.
    Chapter seventh amendment and repeal article 39th should be driven by needs of the policy and regulations Division, organizational Division in a timely manner (Bureau) clean the sectoral regulations and regulatory documents.
    40th article sector regulations and normative file has following case one of of, should be modified: (a) and new announced of legal, and administrative regulations or other upper method inconsistent of; (ii) based on policy or objective actual of need, has necessary increases or decreases content of; (three) same matters in two a above regulations or normative file in the provides inconsistent of; (four) other need modified of case.
    41st article sector regulations and normative file has following case one of of, should to abolition: (a) provides of purposes term expires of; (ii) provides of matters has implementation finished, or for situation changes, no continues to purposes necessary of; (three) on same matters has made new provides of; (four) for about legal, and administrative regulations of abolition or amendment, lost legislation according to of.
    42nd by the clear need to modify, repeal of regulations and regulatory documents by the relevant Division (Council) to provide advice on, the review of the policy and regulations Division, announced after the ministerial meeting decision.
    The clean up is necessary to modify cultural relics departments and abolition of regulations and regulatory documents, comments by the State Bureau of cultural relics, reported Department announced after the meeting to consider the decision.
    Article 43rd Division of policies and regulations should be in accordance with the provisions of the law in editing and publishing regulations annually last year issued by the cultural laws and administrative regulations, departmental rules and other important compilation of normative documents.
    The eighth chapter by-laws article 44th Ministry legislation developed jointly with other departments of the State Council regulations, reference to these provisions.
    45th for the implementation of laws, administrative regulations and Department rules when establishing universally binding normative documents shall be checked after the policy and regulations Division, reported to the Department leader signature. 46th article of the rules as of April 10, 2006.
                                                                            January 27, 1989 administrative rulemaking procedures of the Ministry of culture of the Ministry of culture issued regulations repealed simultaneously.