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Ministry Of Agriculture Legislation Provisions

Original Language Title: 农业部立法工作规定

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(December 27, 2002 the Agriculture Department released 25th) Chapter I General provisions article to standardize the legislation work of the Ministry of agriculture, ensure the quality of legislation, under the legislation law, the administrative rules and procedures Ordinance, the rulemaking Procedure Ordinance, and the Archivist filing of regulations and Ordinance, these rules are formulated.
    Legislation referred to in the provisions of article included: (a) draft draft draft laws and administrative regulations of the Ministry of agriculture, (ii) the work of the Ministry of agriculture to develop regulations; (c) the participation of the Ministry of agriculture agricultural legislation; (iv) other work connected with the agricultural legislation.
    Article III legislative work should be guided by the legislation law, the administrative rules and procedures regulations, the regulatory procedure Ordinance established legislative principles, in line with the provisions of the Constitution, laws or administrative regulations.
    Fourth section industry policy and regulations Department under the management and coordination of legislation within the Department, the Director responsible for the legislative work in accordance with these provisions.
    Chapter II legislation article fifth under the Ministry of agriculture at the end of each year prepare annual plans for the development of the regulations, by the industry Division is responsible for the Organization and implementation of policies and laws.
    Article sixth of the Council in accordance with the needs of the Division proposed rulemaking for operations within the following year project to apply for and submit before October 31 in each year's industrial policy and regulation Department.
    Project applications should be on necessity of legislation, legislative basis, to solve problems, proposed the establishment of the main institutional arrangements, progress, and progress made.
    Article seventh industrial policy and regulations Department under the Bureau to submit project applications and operational needs, after it has been balanced to develop annual regulatory work plans of the Ministry of agriculture, Ministry Executive meeting after consideration by the Executive.
    Annual regulatory plan should make clear the legislative project name, main content, drafting unit, and so on. Eighth rule should be formulated in accordance with regulations on annual work plans for the development.
    Annual regulations really necessary adjustments in the implementation of the plan for the development, industry policy and Regulation Division, Ministry leaders agreed.
    Nineth Department of agriculture according to the needs, drawing up the guidance of agricultural legislation work of the five-year plan with reference to the provisions of this chapter.
    The requirements of relevant departments of the Ministry of agriculture under the national people's Congress and the State Council put forward legislative proposals and administrative laws and regulations to establish the project applying for a job with reference to the provisions of this chapter.
    Chapter drafted tenth the drafting of laws, administrative rules and regulations, by the Division of legislative proposals or projects applying for Council.
    Important laws, administrative regulations, and the drafting of a comprehensive regulation, policy and regulation by the industry Division is responsible for the relevant departments or organizations together for processing.
    Draft laws and administrative regulations, it shall establish a drafting group, drafting regulations and, if necessary, should set up a drafting group.
    11th draft laws and administrative rules and regulations, and should generally be applicable to legislative purpose, basis, (adjusted) scope, authority, main contents, liability or penalties, the noun definition (definition), execution dates provided. Draft laws and administrative regulations and rules, should take into account the existing relevant provisions of laws and administrative rules and regulations.
    Need to repeal the relevant laws, administrative laws and regulations, or some of its provisions should be clear in the draft.
    12th draft laws and administrative rules and regulations, should conduct in-depth studies and practical experience, and depending on the circumstances, in written comments, forums, feasibility study meeting, hearing and announced to the public in the form listen to relevant organs, organizations and citizens advice. 13th draft laws and administrative rules and regulations involving other departments of the State Council's duties or work closely with other departments of the State Council, or the business of involving relevant departments within the Ministry, should seek the views of other departments or bureaus, in full consultation, to reach an agreement.
    Through consultation, and shall explain the circumstances and reasons. 14th laws, administrative regulations and draft regulations were drafted after being signed by heads of departments, submitted to the policy and regulations Division for review.
    Involving other departments of business, shall sign the relevant departments.
    Drafted 15th Division when submitting draft laws and administrative rules and regulations, and shall at the same time submit the description of legislation and other related materials.
    Legislation should indicate the need for legislation, the drafting process, the main measures, the parties concerned, such as description of the situation.
    Other relevant materials include summaries of opinions, hearing transcripts, research reports, and relevant legislation, and more.
    Fourth chapter review 16th article industry policy and regulations Division on drafting Division Council submitted of legal, and administrative regulations and regulations draft, should from following aspects for review: (a) whether meet Constitution, and legal, and administrative regulations of provides and national of approach policy; (ii) whether and about legal, and administrative regulations and regulations coordination, and convergence; (three) whether right processing about organ, and organization and citizens on legal, and administrative regulations and regulations draft problems of views; (four) whether meet legislation technology requirements;
    (E) the need to review more.
    17th article submitted review of legal, and administrative regulations and regulations draft has following case one of of, industry policy and regulations Division can stride or returned Drafting Division Council: (a) draft in the provides of main system and measures is not mature of; (ii) State other sector or Department within related Division Council on draft in the provides of main system exists larger dispute, drafting Division Council not and State other sector or Department within related Division Council consultations of; (three) not meet this provides 14th article and 15th article provides of.
    18th article in review process in the, industry policy and regulations Division can according to situation, for following work: (a) on legislation involved of problems sent about organ, and organization and experts sought views, or to social announced sought views; (ii) on legislation involved of problems outreach for research, heard views; (three) held Symposium, and feasibility study meeting, and hearing, heard views, research argument; (four) on legislation in the of different views for coordination. 19th industry should seriously study all aspects of the policy and regulations Division, in conjunction with the drafting departments to submit reviews of laws and administrative regulations and draft regulations and instructions to modify the draft.
    On legislation coordination cannot be reached, the dissent agreed and submitted to the Ministry decision.
    Wish Executive meeting consideration of draft laws and administrative rules and regulations, by the Department of industrial policy and regulations Division drew attention to the general recommendations for consideration by the Conference.
    Drafting departments shall, in accordance with the Minister's Office request, submitted to the corresponding number of copies of the laws, administrative regulations and draft regulations and explanatory text.
    Fifth chapter decided and published its 20th meeting consideration of the legal and administrative regulations and draft regulations, drafting group or drafting departments should be made on the draft notes.
    Draft laws and administrative rules and regulations drafted by the other bureaus, industry policy and regulations Division shall review the situation briefly.
    Article 21st drafting group or drafting Division Executive meeting of the Council shall, in accordance with deliberation, make modifications to the draft laws and administrative rules and regulations, examined by the industry policy and regulations Division, Office of the nuclear version after registration send Ministers or Deputy Ministers in charge issue.
    22nd the draft laws and administrative regulations of the State Council, upon by ministerial meeting after the adoption, issued by the Minister or Deputy Minister in charge.
    Article 23rd Ministry of Agriculture regulations upon by ministerial meeting after the adoption, signed by the Minister of the Ministry of Agriculture announced.
    Article 24th Ministry of Agriculture regulations upon signing and promulgation, sent by the Office of the farmers daily published the full text in a timely manner.
    Sixth chapter record and explained 25th article Ministry of agriculture developed of regulations, by drafting Division Council in regulations announced of day up 15th within will regulations official text and drafting description according to provides of format binding book, a type 15 copies, and regulations of electronic text with submitted industry policy and regulations Division, by industry policy and regulations Division according to regulations regulations record Ordinance of provides, unified to State record. Article 26th joint regulations established by the Ministry of agriculture and other sectors, by the sponsoring departments responsible to the State Council for the record.
    Hosted by the Ministry of agriculture sector, handled pursuant to 25th.
    27th agricultural laws, administrative regulations and rules in accordance with the provisions of article, needs to be explained by the Ministry of agriculture, should be determined by the provincial departments of agriculture administration application to the Ministry of agriculture; bureaus within the Department considers necessary to explain, should be presented to the industrial policy and regulation Department.
    28th in line with agricultural laws and administrative regulations of the following circumstances explained, by the Division of industrial policy and regulation Department, in conjunction with relevant comments, after the issue of the leadership of the Department, sent in accordance with the relevant provisions of the enacting body to explain: (I) itself needs to further clarify the limits of the provisions, and (ii) of the need for supplementary regulations.
    Article 29th are part of the specific application of law interpretation, administrative regulations, and Ministry of Agriculture regulations interpretation from industry policy and regulations Division, together with comments from relevant departments, Managing Director or released after the Ministry issued after the meeting. Article 30th belong to the specific application of the Ministry of agriculture in the administration of regulatory issues, whether from research on industry policy and regulations Division, in conjunction with relevant departments, in the form of files of the Office of response.
    On important issues should be reported after the issue of the leadership of the Department, to file replies in the form of the Ministry of agriculture.
    Local agricultural departments in the Ministry of Agriculture of the replies to the specific application to apply to the Ministry of Agriculture regulations, should be submitted by the provincial departments of agriculture administration. The seventh chapter legislative article 31st Ministry of agriculture jointly issued with the relevant departments for the coordination, non-draft regulations drafted by the Ministry of agriculture, coordination by participating in the Drafting Division is responsible for its processing; regulations drafted by the Ministry of agriculture, which was coordinated by the Drafting Division Office.
    On behalf of the Department, signed by the heads of departments, sign industry policy and regulations Division, issued by the competent Deputy Minister. Article 32nd sent the Ministry of agriculture to seek advice regarding the laws, administrative regulations and draft regulations, policy and regulation by the industry Division for comments from relevant departments, and to respond to relevant departments of the file or files in the Office of the Ministry of agriculture.

    Article 33rd sent the Ministry of agriculture to seek advice regarding the laws, administrative regulations and draft regulations, shall be promptly transferred to the industrial policy and regulation Department of the Office of industrial policy and Regulation Division should seek the views of relevant departments in a timely manner, well organized and integrated work relevant departments should study, and carry out in a timely manner, after written comments and affix the seal of the Division Council, sent industry policy and regulation Department.
    In excess of the prescribed time limit did not respond, or not stamped with the seal of the Division Council, regarded as no comments.
    Eighth chapter cleaning, amendment and repeal of article 34th industrial policy and regulation should be according to the needs or the requirements of the relevant authority, organization departments of agriculture laws, administrative rules and regulations to clean up. 35th by the clear need to modify laws and administrative regulations, policy and regulation by the industry Division, together with comments from relevant departments, Ministry approval, make amendments to the enacting body.
    Need to be modified by the Ministry of agriculture, in accordance with the prescribed procedures.
    Cleanup regulations you need to modify, by the Division of industrial policies and regulations in conjunction with the relevant departments to make recommendations, after leaders agreed, in accordance with the provisions of the modified program.
    Article 36th by the clear need to repeal the laws, administrative regulations, policy and regulation by the industry Division, together with comments from relevant departments, Ministry approval, repealed recommendation to the enacting body.
    Cleanup regulations should be abolished, by the Division of industrial policies and regulations in conjunction with the relevant departments to make recommendations, and reported to the Ministry after the meeting, signed by the Minister of agriculture to be abolished.
    37th article Ministry of agriculture the Division Council should master related legal, and administrative regulations and regulations of implement implementation situation, found has following case one of of, should timely proposed modified or abolition recommends: (a) legal, and administrative regulations and regulations of provides and upper method inconsistent of; (ii) was new of legal, and administrative regulations and regulations of provides replaced of; (three) cannot adapted reality need of; (four) other need modified or abolition of case.
    Nineth chapter supplementary articles article 38th Ministry of Agriculture regulations should come into force after the 30th from the date of promulgation, but relates to national security or the publication does not immediately implemented will impede the regulations to implement, can come into force on the date of promulgation.
    39th agricultural laws, administrative regulations, advocacy, policy and regulation by the industry Division organization the Division Office.
    40th industrial policies and regulations should refer to the regulations of the Division of editorial publication management regulations compilation of agricultural laws, administrative rules and regulations.
    41st by the Ministry of agriculture is responsible for the interpretation of these provisions. 42nd article of the regulations come into force on January 1, 2003.
                            December 24, 1991 Ministry of agriculture legislation promulgated by the Ministry of Agriculture regulations repealed simultaneously.