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Ministry Of Science And Technology Provisions Of Rule Making Procedure

Original Language Title: 科学技术部规章制定程序的规定

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(August 4, 2003 8th released the Department of science and technology) Chapter I General provisions article in order to standardize the regulations work, improve efficiency, ensure the quality of regulations, according to the People's Republic of China Law of legislation and procedures Ordinance the relevant provisions of the regulations of the State Council, combined with the realities of the Department of science and technology, these provisions are formulated.
    Second regulations of the Ministry of science and technology to develop, publish, interpretation, amendment and repeal of work in accordance with these provisions. Third article this provides by said "regulations", is refers to according to legal, and regulations and State of decided, and command, in science and Technology Department of terms range within, by science and technology department or science and Technology Department with State about Department, and Board, and Council by provides program developed, to science and Technology Department makes form released of, to specification technology management work, and adjustment Technology Administration relationship, and has general binding of normative file.
    According to their different "rules", "way", and so on.
    Compared to some aspect of the administrative work of the comprehensive, systematic specification, called "rule"; to some administrative work done by more specific standard, called the "approach".
    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.
    Article fourth the following file is not part of the regulations, shall not be published as a Ministry of science and technology: (a) does not generally binding policy or normative documents, (ii) internal working rules, specific working systems, (iii) on specific issues of the bulletin, bulletin, notification, and a decision of administrative handling and (iv) do not generally binding or other normative documents.
    Chapter II regulatory plan and annual plans for fifth under the national science and technology development and technology required to prepare the regulations of the Ministry of science and technology development plan and annual plan.
    Sixth annual regulatory plans by the legal bodies of the Ministry of science and technology (hereinafter referred to as the rule of institutions) organization development and implementation.
    Article seventh annual regulatory plans prepared, should be formulated by the end of last year, recommended by the various units within the Department proposed rulemaking, summarizing research by the legal bodies, ministerial approval.
    Are not included in the annual plan, according to the actual operational needs and must develop rules and regulations, upon by ministerial approval, can be used as supplementary projects.
    Article eighth regulatory proposals should include the following: (a) the name, (ii) development purposes, according to the background note and (iii) reference outline or refer to the text (iv) schedule; (e) the recommendations mainly drafting unit, participated. Chapter III regulations drafted Article Nineth by the competent business unit responsible for drafting.
    Regulations associated with multiple business units, led by the organizers and the authorities jointly participated in the drafting. Rule of law institutions in the area of legal norms for guidance.
    For comprehensive, strong legal and other important regulations, drafted by the legal bodies to take the lead.
    Article tenth draft description of the regulations including the drafting of the draft regulations and draft regulations. Draft regulations should generally include: developing purpose and the basis, scope, basic principles, management authorities, procedures and specific norms, rewards and punishments, execution date.
    Each piece of content to the draft regulations should be prompt, brief description of the content of this article.
    Description of the draft regulations include: the necessity, purpose and basis of the regulations, guidelines and principles, the drafting process, content, implementation and enforcement, and other issues.
    11th rule should be structured and organized, accurate, concise text-standard words use, punctuation is correct.
    Drafting of the regulations, it should be noted that convergence and coordination with the relevant administrative rules and regulations. Drafting of the regulations, should be identical to the existing regulations to clean up.
    If existing regulations will be replaced by drafting regulations, must be provided for in the draft regulations be repealed. Content provisions of the 12th rule writing, called "a few words", each article should contain a rule, can be divided into paragraphs, items, accounts. Not numbers, known as (a), (b), (c) the figures as a number such as 1, 2, 3.
    Articles, paragraphs, items, head to start writing a blank Word. More complex regulations or provisions, can be divided into chapters and sections.
    If necessary, you can have additional parts such as contents, annotations, appendices, index. 13th drafting units should be sought within the Department in the drafting process units and expert opinion and, if necessary, and shall solicit local administrative departments, research institutions and other views. Involving other departments of the State Council's duties or work closely with other departments, should also seek the views of relevant departments.
    Depending on your needs, drafting unit may appoint an expert to demonstrate the content of the draft regulations. Drafting units according to the consultation and demonstration, to modify the regulation draft, draft regulations draft formed.
    After consultations cannot not adopted by consensus or important opinions, should be submitted when the draft explanation and justification for the draft regulations.
    14th after the finalization of the draft regulation, drafting units shall submit reports, draft regulations draft and notes, all comments and adoption, as well as other related materials submitted to the Ministry of works will be formally submitted to the legal review before their consideration.
    Submit the draft review of the draft regulations, it should be signed by drafting unit in charge; some drafted units jointly drafting regulations draft shall be signed by the head of the unit participated in the drafting of common.
    Description of the draft regulations draft shall include the regulatory background and necessity, the main measures.
    Related materials include summaries of opinions, hearing transcripts, research reports, relevant legislation, and more.
    The fourth chapter review 15th draft regulations draft regulations by the legal bodies responsible for the review.
    16th article legal institutions main from following aspects on regulations draft trial draft for review: (a) whether meet Constitution, and legal, and administrative regulations and other upper method of provides, whether and about regulations coordination, and convergence; (ii) whether meet this provides third article, and fourth article of provides; (three) whether right processing units, and organization and citizens on regulations trial draft problems of views; (four) whether meet legislation technology requirements; (five) need review of other content.
    17th in the agencies in the review of the legal system, and considers it necessary to seek further opinions, draft regulations draft relevant draft regulations or draft any problems sending units, organizations and experts for comments and field research outreach as needed.
    Draft regulations draft directly related to the vital interests of citizens, legal persons or other organizations, units, organizations or citizens have major differences of opinion, approved by the competent Minister, legal organization can hold hearings to the public or seek the views of all sectors of the community.
    18th article regulations draft trial draft has following situation one of of, by legal institutions business drafting units be modified: (a) content and legal, and administrative regulations, and regulations phase conflict of; (ii) not meet this provides tenth article, and 11th article and 12th article on content and form requirements of; (three) not meet this provides 13th article on program of provides of; (four) concerned views differences big, need for larger adjustment of; (five) provisions content not clear, applicability, and can operation sex poor of.
    19th article regulations draft trial draft has following situation one of of, legal institutions can stride or returned drafting units: (a) developed regulations of basic conditions is not mature of; (ii) about institutions or sector on trial draft provides of main system exists larger dispute, drafting units not and about institutions or sector consultations of; (three) reported trial draft not meet this provides 14th article provides of.
    Article 20th draft for review by the legal bodies after the adoption of the draft regulations, forming departmental consideration of draft regulations and draft instructions and recommendations for departmental consideration.
    Article 21st draft regulations prepared by the legal bodies or organizations, signed by the head of rule of law institutions, made recommendations for departmental consideration.
    Regulations on the fifth chapter review and 22nd rule should be considered upon by ministerial Affairs meeting decided.
    Consideration of the draft regulations of the Department, head of the drafting unit or legal bodies responsible for drafting instructions at the meeting. Agreed in principle to the draft regulations of the Department, and put forward specific amendments, by drafting and legal agencies after negotiation and send respective Ministerial approval, the Minister signed an order issued.
    Can pose major problems, or need to make a lot of changes, by drafting and legal justification, revised and submitted to the Ministry of works will be audited again.
    Article 23rd after the adoption or ratification of the draft regulations, drafted by the Legal Department of science and technology, and Minister signed an order to release regulations.
    Article 24th Ministry of science and technology regulations shall specify the number, name, date of adoption, date of execution, Minister and to announce the date of signature.
    Joint joint regulations developed by other departments under the State Council, Ministry of science and technology, signed by heads of other departments of the Ministry of science and technology and published.
    25th rule shall, without delay after the signing and promulgation in the Ministry of science and technology bulletin and posted on the State Council bulletin and should be in the science and technology daily and posted on the website of the Ministry of science and technology. 26th regulation should come into force after the 30th from the date of promulgation.
    However, involving national security or other important matters and not immediately after the announcement implemented could affect regulations to implement, can come into force on the date of promulgation.
    Regulations on the sixth chapter of filings and interpret article 27th Decree from the Ministry of science and technology within 30th of, legal organization in accordance with the legislation law and the Archivist filing of regulations and provisions of the Bill to the State Council for the record. 28th rule and authorized the interpretation of administrative rules and regulations of the Ministry of science and technology, explained by the rule of law institutions responsible for drafting. Explanation needed within the Department and other units or consult other ministries under the State Council shall be jointly agreed.

    Regulatory interpretation and interpretation of administrative regulations shall be conducted in writing, upon by ministerial Affairs or Minister of examination release.
    The seventh chapter rules amendment and repeal of regulatory changes include amendments and amendments to 29th.
    Comprehensive modifications to the regulations, should take the form of amendments.
    Regulations has following situation one of need modified of, should take amendment of form: (a) based on policy or facts of need, has necessary increases or decreases content of; (ii) for about legal, and administrative regulations of amendment or abolition and should for corresponding modified of; (three) provides of competent organ or implementation organ occurred change of; (four) same matters in two a above regulations in the has provides and provides inconsistent of; (five) other need modified of case.
    30th article regulations has following situation one of of, should to abolition: (a) provides of matters has implementation finished, or for situation changes, no continues to purposes necessary of; (ii) for about legal, and administrative regulations of abolition or amendment, lost legislation according to of; (three) on same matters has made new provides of; (four) Regulations provides of purposes term expires of. 31st regulations amended, repealed, shall be subject to legal approval, Ministerial Council, signed a decree by the Minister, shall be published.
    30th article of the third and fourth except for the annulment of regulations.
    The regulations of abolition according to the procedures in the preceding paragraph, since repealed as of the date of failure.
    Eighth chapter supplementary articles article 32nd joint regulations developed by other authorities and the Ministry of science and technology, involving part of the functions of the Ministry of science and technology, drafting, review, review, publication, reference to these provisions.
    33rd State Council Legislative plan and provided for in the plan drafted by the Ministry of science and technology law, the drafting of administrative regulations, reference to these provisions.
    Rule of law institutions in conjunction with the relevant units within the Department organized the drafting of the laws, administrative rules and regulations. 34th national people's Congress Standing Committee and special committees of the NPC, the State Council and the State Council departments, commissions, organizations directly under the request for Ministry of science and technology on the laws, administrative rules and regulations, the draft regulations, integrated units of reply comments by the legal bodies.
    Major problems or important issues involved, the competent Minister or Ministers approval response.
    35th legal bodies responsible for laws and administrative rules and regulations compilation and compilation. 36th article of the regulations as of the date of promulgation.
                              Released on December 27, 1988, administrative regulations and rules of the State Science and Technology Commission issued rules, released on August 5, 1990, the State Science and Technology Commission rulemaking procedures of the regulation shall be annulled.