Fujian People's Government Draft Laws And Government Regulatory Procedures

Original Language Title: 福建省人民政府法规草案和政府规章制定程序规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399308.shtml

Fujian people's Government draft laws and Government regulatory procedures

    (May 26, 2014, Fujian Provincial people's Government, the 23rd Executive meeting on May 28, 2014 144th promulgated by the people's Government of Fujian province as of July 1, 2014) Chapter I General provisions

    First in order to further improve the quality and efficiency of government legislation and promote the province's economic and social development, speed up the construction of the economic zone on the West side of the Straits, under the legislative act, the regulatory procedure Ordinance and other relevant laws and regulations of the State, combined with the facts of the province, these provisions are formulated.

    Article provincial Government prepare the draft laws and Government regulations, these provisions shall apply.

    Article elaboration of draft laws and Government regulations should follow a scientific and democratic legislation, according to its principles, in line with the Constitution, laws, administrative regulations and other higher-level law requirements, and effectively safeguard the legitimate rights and interests of citizens, legal persons and other organizations, based on the facts of the province, highlighting the pioneering, opening and ecological civilization construction, Taiwan and overseas Chinese-related and other local features. Article fourth provincial legislative Affairs Office of the provincial co-ordinating the planning work, organizing, guiding and coordinating regulations, government regulations project project, specific work such as drafting, evaluation and review.

    Provincial departments, districts and municipal people's Government, the Pingtan comprehensive experiment zone shall, within their respective areas of responsibility of the Management Committee to carry out related work.

    Fifth legislative special funds should be added to the level of Government or departmental budget and manpower arrangements, ensuring normal functioning of legislative work. Sixth perfect legislation for public comment system, legislative hearings, expert assessment system, expansion of people's participation in the legislative route.

    Establish a legal expert-oriented, absorbed in political, economic, cultural, social, ecological and other experts in the field and grass-roots workers legislative consultant has extensive experience in management.

    Chapter laws project

Seventh provincial annual legislative programme, and urged the relevant departments and units in organizations.

Provincial departments, districts and municipal people's Government, the Pingtan comprehensive experiment zone, need to develop laws and provincial regulations should be before November 15 of each year, will next year into the project applications, as well as legislation to declare the project books sent provincial Government Affairs Office.

Provincial people's Congress and CPPCC members put forward to develop regulations and the legislative proposals of the Government regulations, pursuant to the relevant laws and regulations and the relevant provisions of citizens, legal persons and other organizations to develop regulations and the legislative proposals of the Government regulations, departments concerned should give full consideration in the approval process.

    Annual legislative plans after release, submitted pursuant to economic and social development needs of provincial party Committee and provincial legislation to increase project Affairs Office of the provincial Government shall, jointly with relevant departments timely implementation.

Article eighth return the main content of the project include:

(A) the name of the draft legislation, draft regulations of the Government;

(B) the legislative basis, the necessity and feasibility of legislation;

(C) legislation to solve problems and to be determined by the main system;

(D) drafting or investigation and work schedule as well as the presentation of the draft report;

(E) to be included in the proposed for consideration (development) project before the legislature the assessment report;

    (Vi) other matters of note. Nineth proposed by the provincial units of the Legislative Affairs Office of the project applications and proposals, shall organize comprehensive review, seek the provincial people's Congress Standing Committee of relevant departments, provincial government departments, districts and municipal people's Government, the Pingtan comprehensive experiment zone, listened to relevant social groups, management people, the views of the interested parties and legislative proposals, if necessary, organized the project feasibility study meeting.

    Summary research on all aspects of project proposals on the basis of legislation, tightly around the center of the provincial party Committee and provincial people's Government, according to the maturity of the project, preparation of the annual legislative work programme, submitted to the provincial people's Government for approval before implementation.

    Tenth provincial legislative projects are divided into deliberation of the annual legislative programme (development) projects, preparation of projects and research projects.

11th annual legislative plans that have one of the following projects in provincial annual legislative programme submitted for deliberation (development) project:

(A) implement the province's reform, development, stability in important decision making much-needed legislation and conditions project;

(B) the annual legislation plan of the Standing Committee of the provincial people's Congress's consideration of the item;

(C) the upper law expressly provides an urgent need to formulate specific measures for the implementation of projects;

(D) formulate or amend and repeal of relevant laws, regulations, needed in developing legislation, government regulations or to modify, repeal of existing regulations, government regulations of the project;

Regulations project to be included in the submitted for deliberation of government regulations and the development of the project, shall first have been more complete draft manuscript. Other items depending on the conditions of the priorities and projects, respectively, in preparing projects and research projects.

    In deliberation (development) project should be completed within a year; in the preparation of projects, where conditions are ripe, can be completed within the year, items for inclusion in research and drafting units should actively organize legislative research, implement the legislative preparatory work.

12th belongs to one of the following circumstances, not to project:

(A) the main problems to be resolved, relevant laws, regulations and rules have been provided for the measures to address the problem;

(B) the main system established, conflict with the laws, regulations or does not comply with the relevant policies of the State;

(C) does not comply with the province's economic and social development needs and circumstances;

(Iv) the legislation of the time was not yet ripe;

    (E) other matters need to be addressed through legislation or Government regulations. 13th annual legislative plan is finalized, no change in principle. Due to special circumstances, it is necessary to adjust, propose adjustments of units applied for by the proposed project, after review by the provincial people's Government Affairs Office, submitted to the provincial people's Government for approval. Affairs Office of the provincial government as needed, you can adjust the annual legislative programme proposals, submitted to the provincial people's Government for approval.

    Adjust the annual legislation plan regulations project involving the annual legislation plan of the Standing Committee of the provincial people's Congress, required by the relevant departments of the provincial government to explain to the relevant departments of the Standing Committee of the provincial people's Congress.

    Chapter drafting 14th annual legislative plans of the provincial legislation to determine the drafting of projects, in principle, submit a project application unit.

Involving more than two departmental functions or complex legal projects, mainly determined by the provincial Department of drafter, drafting of other departments.

In the process of drafting regulations and draft regulations of the Government, Legal Affairs Office of the people's Government of the province can intervene early, could also invite the Standing Committee of the provincial people's Congress Legislative Affairs Commission and their counterparts in the business Working Committee to participate in the drafting work.

    Draft regulations and draft regulations of the Government, relevant organizations or experts may be invited to participate in or entrusted universities, research institutions and other relevant organizations or experts to draft. 15th the inclusion of deliberation (development) project, drafted by legislative drafting group should be established, to develop work plans to implement leadership, staff, job periods and work, completed tasks according to plan, submit draft documents on time.

Legal Affairs Office of the people's Government of the province to guide the drafting of the draft.

    The inclusion of deliberation (development) project, drafting units should be in by April 30 of that year, to the provincial people's Government submitted the draft draft, does not complete the task of drafting shall be made to the provincial government to provide a written description.

16th draft regulations and draft regulations of the Government shall include the following contents:

(A) the legislative basis, objectives and principles;

(B) the object and scope of application and the competent authorities;

(C) the need to provide written specifications, procedures and regulations, legal responsibility;

    (Iv) the contents of the other provisions. Article 17th draft laws and governmental regulations, relates to the responsibilities of other departments or work closely with other departments, drafting unit shall seek the views of other departments in writing, relevant departments should timely written feedback.

    Draft laws and governmental regulations relating to organization, budget, should be specifically to elicit views of the provincial people's Governments, the financial sector.

Article 18th draft legislation, draft regulations of the Government content on important issues or technical questions, drafting units should be convened on the question of the feasibility study meeting, listening to the views of relevant experts or professionals. On the economic and social development has a significant impact, directly involving citizens, legal persons or other organizations vital interests, differences of views of legal and governmental regulations project, drafting units should be open to the public and stakeholders for their comments.

Administrative license, the administrative enforcement and administrative penalties and other content, need to hold hearings, the drafting unit organization in accordance with the regulatory procedure Ordinance.

    Draft legislation, draft regulations of the Government generally does not create an additional administrative authorization needed new, must strictly abide by the provisions of the administrative licensing law, and in accordance with the State Council concerning the strict control of the newly established administrative license notice requirements.

    Article 19th draft feasibility study meeting, hearing and the views of the relevant departments, as well as to the public seek the advice of, serious study should be absorbed, the controversial opinions should be full consultation and demonstration.

    20th draft legislation, draft regulations should be drafted by the Office of the Government (the Council, the Commission and the Office) Council or district Standing Committee of the municipal people's Government through to form a draft, after signed by drafting Unit Chief, reported to the provincial government; co-authored several units shall be signed by the heads of the main drafting units.

21st drafting units to provincial people's Government to submit draft regulations and draft, the draft regulations of the Government, shall submit the following documents and materials:

(A) drew attention to the review of the request;

(B) draft draft;

(C) draft draft drafting instructions;

(D) legislation relating to the legislative basis and reference materials;
(E) the reply comment, and consultations between the Department and sign materials; opinions adopted and does not accept a description of materials hold hearings, feasibility study meeting,, feasibility study meeting records and minutes of the hearing shall be attached; the contents of differences of opinion, sending material to include opinions from all sides and bases, respectively;

(F) other relevant materials you need.

    22nd on standardizing the Government behavior, and particularly important and covers a wide and difficult law projects, government regulations can also be drafted directly by the Legal Affairs Office of the people's Government of the province.

    The fourth chapter reviews

23rd provincial people's Government Affairs Office is responsible for the draft law draft, draft regulations of the Government draft form review and examination as to substance. Examined primarily by reviewing submitted materials with the requirements of the article 21st.

Submitted materials do not meet the requirements, Legal Affairs Office of the people's Government of the province may request the drafting of supplementary material in the 10th;

Drafting units in accordance with the requirements the supplementary material or drafting does not comply with the specified requirements, provincial legislative Affairs Office may return the draft draft draft.

Main content of the examination as to substance is:

(A) compliance with the relevant provisions of the Constitution, laws, and regulations;

(B) meets the practical needs of reform, development and stability in the province;

(C) the adequacy of the necessity of legislation, plans to take major measures and to be determined by the main system feasibility and maneuverability;

(D) It dovetailed with the existing laws and Government regulations in the province;

(E) comprehensive comments and views on the differences of coordinated, set out to reach consensus on coordination should be accompanied by a rationale and coherent reason description

(F) the technical specifications for compliance with legislative requirements;

    (G) the need to review more.

Article 24th draft legislation, draft regulations draft one of the following circumstances, Legal Affairs Office of the people's Government of the province can modify or return the requested units to reorganize the drafting:

(A) conflict with the laws and regulations;

(B) the main content seriously divorced from reality;

(C) inappropriate enhanced powers, emphasize departmental interests;

(D) legislation has significant flaws;

(E) matters of controversy, is not handled in accordance with the provisions set forth in 17th and 18th;

(F) the law shall organize the hearing without hearing;

(VII) significant changes in the conditions established by the;

    (VIII) other circumstances that should reorganize the drafting or revision.

    25th article in the review of draft legislation, draft regulations of the Government in the process, due to restructuring, upper law changes, significant changes in the economic and social development and other reasons, after the Legal Affairs Office of the people's Government of the province submitted to the provincial people's Government for approval, may suspend the review.

Article 26th Affairs Office of the provincial Government shall draft regulations, the Government sent draft regulations draft provincial departments concerned districts of the city people's Government, the Pingtan comprehensive experiment zone and other units to solicit opinions. Provincial government departments, districts and municipal people's Governments, Pingtan comprehensive experiment zone and other units should be based on relevant laws, regulations and rules carefully studied, according to requirement back to affix the official seal of the written opinion.

    Receiving no response, considered no different views. 27th Affairs Office of the provincial Government shall draft regulations, a draft Government Regulation draft outreach main drafting units involved field research, listen to the views of relevant organs, grass-roots organizations and citizens if necessary, may appoint an outside investigation, absorbing foreign advanced legislative experience.

    On the important, broad and difficult legislative projects, shall organize the relevant departments to carry out a more comprehensive and in-depth legislative research. 28th the relevant draft legislation, draft regulations of the Government there is disagreement, to Legislative Affairs Office of the provincial Government shall coordinate.

If necessary, the coordination, the drafting unit and attended by legislative investigator relevant units shall in accordance with the requirements.

    The relevant issues related to controversial, cannot reach consensus on coordination, Legal Affairs Office of the provincial governments set out the arguments of the parties, comments submitted to the provincial people's Government for decision.

Article 29th draft regulations draft regulations and the Government on important issues, the number of specialized technical issues or involving more citizens, legal persons and other organizations of interest, Legal Affairs Office of the people's Government of the province should be held by the authorities, experts and the public to participate in seminars, feasibility study meeting, listening, research and demonstration when necessary in accordance with the regulations hearings.

    Affairs Office of the provincial government when convening that meeting, drafting unit shall cooperate, attended by leaders and stakeholders and, briefings, hearings, and answer questions.

Article 30th draft legislation, draft regulations of the Government, except which should be kept confidential, provincial offices can review the draft after draft of the legal system in the administrative area of the newspaper or provincial portals or provincial legislative Affairs Office published the full text of the portal site, consult the opinions and suggestions of the community. Affairs Office of the provincial Government should study all these views, make modifications to the draft legislation, draft regulations of the Government draft.

    Sound public opinion feedback mechanism adopted, opinions on important especially to reflect the adoption of more concentrated view of the public, should be in an appropriate form for feedback.

31st draft legislation, the Government discussed draft regulations submitted to the Standing Committee of the provincial people's Government, or before considering provincial legislative Affairs Office of the draft revised draft should be sent to the following review:

(A) advise units of ACC;

(B) draft legislation, draft regulations of the Government draft identifying competent and enforcement;

(C) provincial legislative Affairs Office felt the need of other units.

Review units should organize research, review, review the feedback after the letter signed by the head of unit Affairs Office of the provincial government.

Affairs Office of the provincial people's Government and will draft regulations draft letter to provincial people's Congress Standing Committee legal work Committee and their counterparts in the business Working Committee consulted; draft letter to send to the draft regulations of the Government Standing Committee of the provincial people's Congress Legislative Affairs Commission for comments.

    Affairs Office of the provincial government under review feedback changes improve the draft draft draft draft notes.

    The fifth chapter review and release

    32nd draft regulations brought to the plenary meeting of the Standing Committee of the provincial people's Government, or according to law; law drew attention to the draft regulations of the Government plenary session of the Standing Committee of the provincial people's Government, or.

Article 33rd Executive meeting of the provincial people's Government discussed draft regulations draft, consideration of the draft regulations of the Government draft time, head of the Legal Affairs Office of the provincial governments for the main explanation, and draft legislation, draft regulations of the Government draft content-related Unit Chief to attend the meeting. Meeting attendance personnel should be familiar with the proposed draft legislation for consideration draft, draft regulations of the Government draft of the relevant content, as well as the units of feedback in the comments and coordination reached in the opinion.

    No special reason, the comments made at the attend the meeting on behalf of the unit, should be consistent with that view.

    Article 34th Executive meeting of the Legal Affairs Office of the people's Government shall, in accordance with provincial research and consideration of the comments, organize relevant departments to draft regulations draft, the Government draft changes to the draft regulations, formation of draft laws and governmental regulations and submit them to the provincial people's Governments in charge of the leadership after the audit, reported to the Governors to sign.

    35th after the adoption of draft legislation discussed by the Standing Committee of the provincial people's Government, signed by Governor of provincial government motion, submitted to the provincial people's Congress or its Standing Committee for consideration.

Article 36th Government after the adoption of the draft regulations considered by the Standing Committee of the provincial people's Government and provincial order signed by the Governor to the public.

Government regulations upon signing and promulgation, the Bulletin of Fujian Provincial people's Government and the Fujian daily should be published in a timely manner.

    Publication in the Gazette of Fujian Provincial Government regulatory texts for standard texts.

    37th Government regulations shall be published in the 30th, by the Legislative Affairs Office in a manner prescribed by law, submitted to the State Council and the Standing Committee of the provincial people's Congress for the record.

    After the sixth chapter legislative evaluation and legislative assessments

Article 38th establishing evaluation system of regulations, government regulations before the legislature.

This assessment includes:

(A) the necessity and feasibility of legislation, coordination, operation and the timing of the introduction;

(B) to be determined by the main system of legislation, rules, operational measures and to solve problems;

(C) after the implementation of laws, government regulations expected to cost effectiveness and social impact, on the possible impact of economic, social and environmental;

    (D) other issues related to the needs assessment. 39th draft regulations, the drafting of the draft regulations of the Government unit responsible for organizing the legislative assessment.

Evaluation units may invite the relevant administrative organs, public institutions, universities, research institutes, social evaluation organizations, industry associations, and other units took part in assessment.

Assessment unit as needed, the legislative assessment of matters entrusted to the corresponding conditions of colleges and universities, social evaluation organizations, industry associations, research institutions and other units, entrusted with the assessment body shall be formed according to the requirements of assessment reports and evaluation reports should be entrusted with validation.

    Legislative evaluation assessment report form, as an important reference for provincial annual legislative programme.

40th legislative evaluation system of government regulations, provincial people's Government Affairs Office is responsible for the development of government regulations after the legislative assessment of annual plans.

Government regulations in any of the following circumstances, after Legislative Affairs Office of the provincial government can decide to assess:

(A) the proposed increase for regulatory legislation project;

(B) the need to overhaul or major revision;

(C) citizens, legal persons or other organizations to government regulations more comments;

(D) implementation of five years;

(E) the assessment of the other needed legislation.

In principle, the implementation of government regulations provincial authorities or district municipality is responsible for the Organization of legislative assessment.

Evaluation units can be tailored to specific situations, determine the overall assessment of the content of all the Government regulations, or its main content is part of the assessment.
Assessment unit as needed, will meet the appropriate conditions of legislative assessment after colleges and universities, social evaluation organizations, industry associations, research institutions and other units, entrusted with the assessment body shall be formed according to the requirements of assessment reports and evaluation reports should be entrusted with validation.

    41st assessment report should rise as government regulations for the legislation regulations legislation, modification or abolition of government regulations, by consummating the ancillary system and improving the administration of important references.

    The seventh chapter by-laws

    42nd Government regulations explain, modify, repeal, and regulation program, according to relevant laws and regulations and these regulations.

    Article 43rd Government regulations compilation and translation work by the Legislative Affairs Office. 44th article of the regulations come into force on July 1, 2014.