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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

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Draft legislation of the People's Government and regulations of the Government

(Adopted at the 23th ordinary meeting of the People's Government of Favu, 26 May 2014, No. 144 of the People's Government Order No. 144 of 28 May 2014)

Chapter I General

Article 1, in order to further improve the quality and efficiency of government legislation, promote economic and social development in the province, accelerate the construction of economic zones in the West Bank, in line with the relevant laws, regulations and regulations of the State, such as the Legislative Act, the Regulations and Rules, and develop this provision in the light of the actual circumstances of the province.

Article 2

The draft regulations and the enactment of government regulations should be guided by scientific legislation, democratic legislation, the principles of law legislation, consistent with the provisions of the Constitution, laws, administrative regulations and other superior laws, effectively guaranteeing the legitimate rights and interests of citizens, legal persons and other organizations, based on the practice of the province, highlighting local features such as pre-emption, external openness, ecocivilization, the development of institutions and foreigners.

Article IV The Ministry of the People's Government, the Government of the Municipalities of the Region, the Pémiration Regional Commission for the Emiration of the Emiral Emirate shall carry out related work within their respective responsibilities.

Article 5

Article 6 improves the legislative public consultation system, the legislative hearings system, the expert counselling system, and expands the popular participation of the people in legislation. The establishment of a pool of legislative advisory experts with legal experts to absorb experts in the areas of political, economic, cultural, social and ecological, as well as experienced management practitioners at the grass-roots level.

Chapter II Legislative plans

Article 7.

The Ministry of the People's Government, the Government of the Municipalities of the Region, the Pémiral Regional Commission for the Emiration of Pémie pilots require the enactment of legislation and regulations of the Government of the province, which should be sent to the Office of the Rule of Law of the People's Government by 15 November of the next year.

The provincial representatives, members of PAPU have proposed legislative proposals for the development of legislation and the development of government regulations, which are implemented in accordance with relevant laws, regulations and relevant provisions; citizens, legal persons and other organizations have proposed legislative proposals for the development of regulations and the development of government regulations, with the full consideration of the relevant sectors in the process of setting up a set of regulations.

Following the annual legislative plan, the Provincial Council, the Government of the People's Government have proposed additional legislative projects based on the need for economic and social development, which should be organized in a timely manner with the relevant departments.

Article 8

(i) The name of the draft legislation and draft regulations of the Government;

(ii) Legislative basis, the need and feasibility of legislation;

(iii) The main issues to be addressed in legislation and the main systems to be identified;

(iv) Drafting or researching and progress arrangements for work and the presentation of the draft text;

(v) Project to be included in the consideration of (Development) will require pre-legislative assessment reports;

(vi) Other matters requiring clarification.

Article 9. The Office of the Government of the Provincial People's Rule of Law recommends that a comprehensive review be organized to seek the views of the relevant departments of the Standing Committee of the General Assembly, the departments of the Government of the province, the municipalities of the establishment area, the Pémiral Commission, the Competitive Laboratory, and to hear the views of the relevant social groups, the management of the relative, the stakeholders and the legislators, and, if necessary, to organize a warrant. Based on a summary of the recommendations of various legislative projects, the central work of the provincial council, the provincial people's government is critically focused on the preparation of the annual Government legislative work plan based on the maturity of the project, followed by the approval of the Provincial Government.

Article 10

Article 11. Annual legislative plan projects with one of the following circumstances, are included in the annual Government's legislative plan to consider (development) projects:

(i) Follow-up on the implementation of the provincial reform, development and stabilization of critical decision-making projects that are urgently needed for legislation and conditions;

(ii) Consideration of the annual legislative plan of the Standing Committee of the Provincial People on behalf of the General Assembly;

(iii) The top law specifies the urgent need for specific implementation options;

(iv) In the light of the relevant legislation, legislation development or modification and repeal, there is an urgent need for legislation, government regulations or amendments, repealing existing legislation, government regulations;

A more refined draft text should be made available in advance for the proposed legislative and regulatory projects to be included in the deliberations.

Other projects are prioritized and project mature and are included in preparatory projects and research projects, respectively. The inclusion of projects to be considered (produced) should be completed within the year; the inclusion of preparatory projects, conditions mature, could be completed within the year and included in research projects, and the drafting cell should actively organize legislative studies and prepare pre-legislative work.

Article 12 is one of the following cases and does not apply:

(i) The main issues to be addressed, and the relevant laws, regulations and regulations already provide for measures to address them;

(ii) The main system to be established, incompatible with the law, legislation or incompatible with the State-related policy;

(iii) Incompatible with the realities and needs of economic and social development in the province;

(iv) The time is not ripe for legislation;

(v) Other matters that need not be addressed through the development of legislation or government regulations.

The annual legislative plan is determined without change in principle. Adjustments due to special circumstances will be made by the unit that makes the application, which is approved by the Government of the province following review by the Office of the People's Rule of Law. The provincial Government's Office of the Rule of Law may, as necessary, make proposals for the adjustment of the annual legislative plan, which is approved by the Government of the province. Adjustments to the annual legislative plan relate to the annual legislative plan of the National Council of the Provincial People on behalf of the General Assembly, which is required by the relevant departments of the Government of the province to make statements to the relevant departments of the Standing Committee.

Drafting

Article 14. The drafting of legislative projects identified in the annual legislative plan of the Government of the People of the province is in principle the responsibility of the units submitting the application. With regard to a complex project involving cross-cutting or legal relations between the functions of the two sectors, the main ministries identified by the Government of the Provincial People, the drafting unit and other sectors cooperate with the drafting process.

In the drafting of draft legislation and the draft regulations of the Government, the Office of the Rule of Law of the Provincial Government may be involved in advance and may also invite the Provincial People's Council to participate in the drafting process on behalf of the General Assembly's Standing Committee on the Rule of Law and the Operational counterparts.

Draft regulations, government regulations may be invited to participate by relevant organizations or experts, or by organizations such as higher institutions, scientific institutions or experts.

Article 15 projects included in the consideration of (Development), drafting units should establish a drafting group of legislative projects, prepare a workplan, implement leadership responsibilities, staff, work deadlines and work requirements, and complete the drafting mandate, and submit the draft text in due time. The provincial Government's Office of the Rule of Law guides the drafting of the drafting units.

For the items included in the consideration of (Development), the drafting cell should send a draft letter to the Government of the province by 30 April, and should provide a written statement to the people of the province if the drafting mandate is not completed.

Draft legislation and draft government regulations generally include the following:

(i) Legislative basis, purpose and principles;

(ii) Adjustment targets, scope of application and authority;

(iii) An entity's norms, procedural norms, legal responsibilities that are required;

(iv) Other requirements.

Drafting legislation, draft regulations of the Government concerned the responsibilities of other departments or closely related to other sectors, the drafting unit should seek the views of other departments in writing and the relevant authorities should receive written feedback. The draft legislation, the draft regulations of the Government relate to institutional setting and the budget for funding, and should seek the views of the Government of the Provincial People in the preparation and financial sectors.

Draft legislation, draft regulations of the Government concerned important issues or professional technical issues, and the drafting cell should convene a debate on this issue to hear the views of experts or professionals involved.

The drafting cell should be openly consulted to the public and the stakeholders of society, with a significant impact on the economic and social development of the province, directly on the interests of citizens, legal persons or other organizations. With regard to administrative licences, administrative enforcement and administrative penalties, hearings are required and are organized by the drafting cell in accordance with the regulations.

The draft legislation, the draft regulations of the Government are generally not new administrative licences and require new administrative authorizations, strict compliance with the provisions of the Administrative Accreditation Act and implementation in accordance with the State Department's notification of strict control of new administrative licences.

Article 19 The drafting cell's views on the hearings, the hearings and the relevant sectors, as well as those consulted in public order for society, should be carefully studied and the contentious observations should be fully consulted and validated.

Draft legislation, the draft regulations of the Government shall be adopted by the drafting office (the Bureau, the Commission, the Office of the Secretary-General) or the Standing Committee of the People's Government in the area where the draft articles are to be sent to the Government of the province after the signature of the main holder of the drafting unit, which shall be co-drafted by several units and be signed by the main heads of drafting units.

The following documents and materials should be submitted to the Government of the province when the draft regulations and the draft regulations of the Government are sent to the Government:

(i) Request for review;

(ii) Draft summary;

(iii) A drafting note for the draft text to be delivered;

(iv) Relevant legislative and legislative references;

(v) Recommendations for the consultation and the materials signed between the various sectors; information on the adoption of the observations and the non-recognition of the information; the holding of hearings, the hearings, the minutes and the summary of the proceedings should be accompanied by the hearings, the minutes and the summary of the hearings; and the comparison of the differences between the views and the presentation of the material to the parties, respectively;

(vi) Relevant material from other needs.

Article 2, which regulates the common conduct of the Government and is particularly important, covers a wide range of laws and regulations, and government regulations projects may also be drafted directly by the Office of the People's Government of the province.

Review of chapter IV

Article 23 of the Constitution of the Government of the Provincial People's Rule of Law is responsible for the preparation of draft texts of legislation, the form of a draft government regulations and the substantive review.

The formal review is mainly a review of the compliance of the dispatch material with the requirements of article 21 of this provision. With regard to the non-requirement of material, the Office of the Rule of Law of the Provincial Government may request the drafting cell to supplement the relevant material within 10 days;

The drafting cell does not require additional material or drafting in accordance with the requirements of this provision, and the Office of the Government of the People's Rule of Law of the province may return the draft to the drafting unit.

The main elements of the substantive review are:

(i) In accordance with the relevant provisions of the Constitution, the law, the legislation and regulations;

(ii) Be in line with the actual needs for reform, development and stability in the province;

(iii) The need for legislation is sufficient, whether the main measures to be taken and whether the main system to be identified is feasible and operational;

(iv) Whether it is in line with existing legislation and government regulations in the province;

(v) Whether views are fully sought and that there is greater coherence in the views of the divergent views should be accompanied by a description of the reasons for the legitimacy and uncoordinatedness of the parties;

(vi) In conformity with legislative technical regulatory requirements;

(vii) Other elements to be reviewed.

The draft legislation, the draft regulations of the Government were sent to one of the following cases, and the Office of the Rule of Law of the People's Government of the province could request the drafting unit to modify or reorganize it:

(i) Contrary to laws, regulations;

(ii) The main elements are significantly removed from practice;

(iii) Inadequate strengthening of sectoral authority and highlighting sectoral interests;

(iv) Significant weaknesses in legislative technology;

(v) There are matters of greater controversy and are not dealt with in accordance with the provisions of article 17, article 18;

(vi) The law shall organize hearings without the organization of hearings;

(vii) Significant changes in conditions established;

(viii) Other cases where drafting or modification should be reorganized.

Article 25, in the course of the review of the draft legislation and the draft regulations of the Government, may be suspended for reasons such as institutional adjustments, changes in top law and significant changes in economic and social development.

Article 26

units such as the relevant departments of the Government of the Provincial People, the Government of the People of the Region, the Psychology Regional Commissions should be carefully studied in accordance with the relevant laws, regulations and regulations, and, as a time frame, should respond to the written observations of the Gay Unit's chapter. It was reported that no response was considered to be different.

Article 27 of the Government of the Provincial People's Rule of Law Office should conduct in-depth field studies at the grass-roots level on the draft legislation, the drafting units of the Government's regulations dealing with the main issues covered by the draft texts, listening to the views of the relevant bodies, organizations and citizens at the grass-roots level, and, where necessary, organize research and draw on advanced legislative experience outside the province. More comprehensive and in-depth legislative research should be organized for important, broad-based and difficult legislative projects.

Article 28 contains differences between the draft legislation and the draft regulations of the Government, and the Office of the Rule of Law of the People's Government of the province should coordinate legislation. Where necessary, a coordination meeting should be held, with the participation of the drafting units and the relevant units, in accordance with the request for legislative project heads.

The relevant units have become more controversial and have been coordinated with no agreement on the matter, with the Ministry's Office of the Rule of Law of the People's Government of the province stating that the Government of the province is invited to decide.

The draft legislation, the draft regulations of the Government concerned important issues, professional technical issues or concerns the interests of a larger number of citizens, legal persons and other organizations, and the Office of the Government of the Provincial People's Rule of Law should convene a colloquium, a colloquium, a colloquium to be held with the participation of the relevant units, experts, the public in society, to be heard, a research argument; and, if necessary, a hearing.

At the time of the above-mentioned meeting of the provincial Government's Office of the Rule of Law, the drafting cell should be co-ordinated with the participation of heads and relevant personnel to present information, listen and answer questions.

The draft legislation, the draft regulations of the Government, in addition to the lawfulness of the law, may be made available by the Office of the Government of the Provincial People's Rule of Law to the full text of the review's press or provincial government portals or the provincial government office portal, to make public inquiries into the views and recommendations of the various communities of society.

The provincial Government's Office of the Rule of Law should conduct a comprehensive study of the views of all aspects and amend the draft legislation, the draft regulations of the Government. The adoption of a feedback mechanism for sound public opinion, and the adoption of important views, particularly those reflecting a more concentrated view, should be feedback in appropriate form.

The draft legislation, the draft regulations of the Government shall be submitted to the following units for review by the Office of the Government of the Provincial People's Rule of Law prior to the discussion or consideration of the ordinary session of the Provincial Government:

(i) Units where observations are made at the time of the coordination meeting;

(ii) The competent and executive branches established in draft legislation, draft regulations of the Government;

(iii) Other units considered necessary by the Government's Office of the Rule of Law.

The review unit shall organize studies to submit a review of views, which shall be followed by subsequent feedback from the Office of the People's Rule of Law of the province's main head.

The provincial Government's Office of the Rule of Law sent draft texts to the Provincial People's Committee on the Rule of Law and the Working Group on the Excellencies of the General Assembly on behalf of the General Assembly; the draft regulations were sent to the People's Council of the Assembly for comments.

The Office of the Government of the Provincial People's Rule of Law amends the draft by retroactively and sets out a draft summary.

Consideration and publication of chapter V

In accordance with article 32, the draft legislation brings to the general meeting of the Government of the province or to the plenary discussion; the draft regulations of the Government are brought to the general meeting of the Government of the province or to the deliberations of the plenary.

In the case of the Presidential Conference of the People's Government of the Province to discuss the draft texts of regulations, to consider the draft text of the Government's regulations, the main heads of the Office of the Rule of Law of the Provincial People were briefed by the heads of the units concerned with the draft legislation, the draft regulations of the Government and the contents of the draft text.

Members of the Conference shall be informed in advance of the draft text of the draft legislation to be considered, the relevant elements of the draft regulations of the Government, and the observations reached by this unit when seeking feedback and coordination. Without special grounds, their views on behalf of this unit should be in line with the above observations.

In accordance with the views of the provincial Government's General Rule of Law Office, the relevant departments should organize amendments to the draft texts of the legislation, the draft regulations of the Government, the draft regulations, the draft regulations of the Government and the draft regulations of the Government, which would be submitted to the provincial governor for signature following the approval of the heads of government.

The draft legislation was adopted by the Provincial People's Government's Standing Meeting, which was followed by the provincial governor's signing of the Provincial People's Government Bill to be brought to the attention of the Assembly or its Standing Committee.

The draft regulations of the Government of Article XVI were published by the President of the province, following the consideration of the adoption by the Standing Government of the Provincial Government.

After the Government's regulations have been signed, the People's Government's Bulletin and the Forecasts should be published in a timely manner.

The text of the Government's regulations published in the Forecasts Government Bulletin is the standard text.

Article 37 Government regulations should be submitted by the Office of the Provincial People's Rule of Law within 30 days of the date of publication to the Standing Committee of the General Assembly on behalf of the General Assembly, in accordance with the statutory procedures.

Chapter VI Post-legislative assessment

Article 33 establishes a pre-regulation system for legislation, government regulations and legislation.

The main elements of the pre- legislation assessment include:

(i) The need for legislation, feasibility, coordination, operationality and timing;

(ii) Main systems, rules, operational measures and key issues to be determined by legislation;

(iii) The expected cost-effectiveness and social effectiveness of legislation, government regulations, and the potential impact on the economy, society and the environment;

(iv) Other issues related to needs assessment.

Drafting units of draft legislation and draft regulations of the Government are responsible for organizing pre-legal assessments. The assessment cell may invite units such as the executive branch, the cause unit, higher colleges, scientific institutions, social assessment agencies and industry associations to participate in pre- Legislative assessments.

The assessment cell may, as required, entrust the pre- legislation with units such as higher colleges, scientific institutions, social assessment bodies, industry associations, etc., where appropriate, and the assessment reports should be submitted to the unit for clearance.

The pre-legislature assessment report has been developed as an important reference to the development of the annual legislative plan by the provincial people.

Article 40 establishes a post-government regulatory assessment system, which is the responsibility of the Office of the Rule of Law of the Provincial People's Government for the preparation of the Government's legislative post-assessment plan.

One of the Government's regulations is that the Office of the Rule of Law of the Provincial Government may decide to undertake a legislative post-assessment assessment:

(i) It is proposed that the legislative project be increased;

(ii) There is a need for a comprehensive revision or greater modification;

(iii) Citizens, legal persons or other organizations make more observations on government regulations;

(iv) Execution of five years;

(v) Other cases requiring post-legislative assessments.

In principle, provincial authorities implementing government regulations or municipal governments in the districts are responsible for organizing legislative post-assessments.

The assessment cell may determine, on a case-by-case basis, an overall assessment of all elements of the Government's regulations or a partial assessment of their main elements.

The assessment cell may, as required, entrust the post-legislature assessment matters with units such as higher colleges, scientific institutions, social assessment bodies, industry associations, and the commissioned assessment body, as required, should be entrusted with the finalization of the assessment report.

Article 40 Post-legislative assessment reports should serve as an important reference basis for legislative projects, amendments or repealing government regulations, improvement of the accompanying system and improvement of administration.

Chapter VII

Article 42 interprets, amends, repeals and procedures for amendments to the regulations, taking into account relevant laws, regulations and provisions.

Article 43 compiles and interprets the Government's rules and regulations.

Article 44