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Jilin Municipal People's Government Rulemaking Procedures

Original Language Title: 吉林市人民政府规章制定程序规定

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Procedures established by the Government of the People's Republic of Chilin

(Health Session of the Fifteenth People's Government of Glin, 25 June 2013, considered the adoption of Decree No. 231 of 3 July 2013, which was launched on 15 August 2013)

Chapter I General

Article 1 provides for the regulation of the Government of the city (hereinafter referred to as the municipality) to improve the effectiveness of legislative work and to ensure the quality of legislation, in line with the provisions of the Law on the Law of the People's Republic of China (hereinafter referred to as the Legislative Act) and the Regulations and Rules (hereinafter referred to as the Regulations) and in conjunction with the actual provisions of this city.

Article 2

Article 3 refers to the Government's regulations (hereinafter referred to as regulations), which are established by the municipal authorities in accordance with their competence and procedures under this provision, and to the publication of the normative documents implemented in the form of a municipal government order.

Article IV stipulates that the legislative principles set forth in the Legislative Act and the Regulations shall be governed by the legislative principles established in order to adapt to the actual needs of the city and be operational and to highlight local features.

Article 5

(i) Draft annual regulations for the development of a draft workplan with the organization, subject to approval by the municipality;

(ii) To guide and coordinate the drafting of regulations by all relevant units to organize joint drafting or preside over drafting regulations in accordance with annual regulations;

(iii) Review, coordination and modification of the draft of the regulations;

(iv) The publication of regulations, the submission and interpretation review;

(v) Training of legislators across the city administration;

(vi) Other work on regulations.

In each district (market), the people of the region, the municipalities and other relevant units, it should be in line with the relevant work developed by the regulations.

Article 6. Municipal governments should strengthen the institutionalization, proceduralization, normative development of regulations and guarantee the authority and seriousness of legislation. The implementation of the various systems of work is included in the annual system of the municipal administration of the evaluation indicators.

The municipal government has given recognition and incentives to units and individuals that have made a prominent contribution in the development of regulations.

Chapter II

Article 7. The rule of law sector of the municipal government should collect the next annual regulations to the districts (communes), the Government of the District and the municipalities by 30 August each year and make recommendations to society for the next year of regulations.

Article 8 districts (markets), the communes and the municipal authorities consider that regulations need to be developed, and regulations should be put in place to the municipal authorities' rule of law.

Citizens, legal persons and other organizations may make regulations to the municipal authorities through written form, such as letters, fax, e-mail.

The municipal rule of law sector, in accordance with the economic and social development needs of the city, may make regulations in place.

The enactment of regulations and the development of recommendations should be sent to the municipal rule of law sector by 30 September each year.

In all districts of Article 9 (markets), the Government of the District and all sectors of the municipality, there should be an argument for the proposed regulations.

The regulations formulated by citizens, legal persons and other organizations suggest that the rule of law sector of the municipal government considers it necessary to make a valid argument, transmit to the relevant authorities of the municipal government the argument, or organize themselves.

The rule-of-law sector of the municipal government organizes an argument with the relevant authorities of the municipal government.

No items that have not been validated shall be included in the annual regulations development of work plans.

Article 10 Accreditation organizational units should form a report around the following:

(i) The need for regulations, including whether issues must be addressed in a regulatory manner and whether laws, regulations, regulations and regulations are in place or are being developed;

(ii) The legitimacy of regulations, including whether they are incompatible with the superior law and whether they go beyond the legislative authority;

(iii) The feasibility of establishing regulations, including whether the main systems and measures to be established are reasonable and operational, whether the current administrative system is justified and whether the legislative time is ripe;

(iv) The expected effectiveness of regulations, including the effective resolution of problems in the main systems and measures to be established, and the social effects that may arise upon their application.

The application for the formulation of the regulations by the various districts (markets), the people of the region, the municipality's various branches of government should be determined by collective discussion, signed by the principal holder and submitted to the evidence reports, statements on safeguards and relevant legislative references.

Article 12 The municipal rule of law sector should be reviewed in accordance with the economic and social development needs of the city, as well as in the case of an argument, for the development of regulations, for example, and for the preparation of a draft workplan for the annual regulations, signed by the principal holder, for submission to the Standing Committee of the Municipal Government or to the plenary for consideration of implementation after adoption.

The development of a workplan under Article 13 may divide the regulations into the completion of projects and research projects based on actual circumstances. The identification of projects to be completed should give priority to research projects already matureed for legislative conditions in the previous annual regulations.

The annual regulations should clearly define the name of the regulations, the drafting unit and the time of delivery. The completion of the project shall be submitted by 30 May of the year; the research project shall be submitted by 30 April of the year, and a preliminary draft of the research reports and regulations will be sent by 30 October and shall not be included in the next annual regulations.

Article 14. Drafting units should strictly implement annual regulations and work plans.

In the course of the implementation of the annual regulations, the regulatory drafting unit considers that the planned project needs to be adjusted and should provide a written justification for the rule of law in the municipality. The municipal rule of law sector can be adjusted according to the circumstances, and the municipalities are invited to follow up with the primary leadership of the Government.

As a result of the economic and social development of the city, additional projects are required in the annual regulation development of work plans, and units that propose additional projects should be provided in a timely manner to the rule of law sector of the city and, in accordance with Article 11 of the present provision, in accordance with the rules of procedure, subject to review by the municipal authorities, which may be included in the annual regulation development workplan.

Drafting

Article 15 Drafting regulations are assumed by units established in the annual regulations development workplan. In the process of drafting regulations, the drafting units should be invited to participate in research, validation, and to make observations and recommendations.

Drafting regulations may invite relevant organizations, experts to participate or to commission the drafting of relevant organizations, experts.

The content of article 16 should be consistent with the provisions of the Constitution, the law, administrative regulations and other superior laws and be coordinated and aligned with the relevant regulations. The above-mentioned law has clearly defined the content and does not in principle repeat provisions.

Drafting regulations should conduct in-depth research and widely listen to the views of relevant departments, organizations and citizens, drawing on national and international legislative experience.

The drafting of regulations should organize a colloquium to listen carefully to the views of the relevant departments, grass-roots organizations and representatives of the population, parliamentarians, municipal government legislative advisory experts and the relative executive. There was a need to hold a demonstration to hear the views of experts or other professionals involved in the event of major legal issues or special professional technical issues.

The drafting cell shall be open to the society for regulations that directly involve the interests of citizens, legal persons and other organizations.

The regulations drafted under article 18 contain one of the following cases, and hearings should be held:

(i) Significant impact on the economic and social development of the city;

(ii) directly involve the interests of citizens, legal persons and other organizations;

(iii) There are significant differences of opinion;

(iv) Other circumstances requiring hearings.

The text of the draft regulations concerned other sectoral responsibilities or were closely connected with other sectors, and the drafting cell should listen carefully to the views of other departments and take the initiative for coordination; the comments and regulations should be sent to the rule of law sector of the municipal government without coordination.

Article 20 shall be subject to the approval of the body responsible for the rule of law by the drafting body, which shall be negotiated by the drafting body and signed by the principal holder; the joint drafting of the two units shall be signed by the principal heads of each unit.

The drafting cell shall submit the following documents and materials in accordance with the number of copies requested by the municipal authorities' rule of law when submitting the draft regulations.

(i) To draw the review report;

(ii) The texts of the amendments and their electronic texts;

(iii) Drafting notes and electronic texts of the draft texts of the regulations;

(iv) A written opinion on the texts of the regulations, the organization and individuals, the convening of a warrant, the hearings, which should be accompanied by an authentication, a record of the hearings;

(v) Relevant legal grounds and legislative references.

The text of the draft regulations includes the need for regulations, the status and problems of proposed normative matters, the drafting process and the legal basis, the main systems and measures to be established, the information on the consultation and the coordination of views and other issues requiring clarification.

The documents and materials sent by the drafting cell are not in accordance with article 20, Article 21, and the municipal rule of law sector may require that the drafting cell be supplemented within 10 days. The drafting unit was not supplemented by request and the municipal rule of law sector could return the regulations to the drafting unit.

Review of chapter IV

Article 23 of the rules of procedure is reviewed in a uniform manner by the municipal authorities, including:

(i) In conformity with the basic principles enshrined in the Legislative Act and the relevant provisions of the Regulations;

(ii) Whether there is coordination, interface with the relevant regulations;

(iii) The feasibility and operationalability of the main systems and measures to be established;

(iv) The fullness of the consultation and the correctness and reasonableness of the treatment of views;

(v) In conformity with legislative technical requirements;

(vi) In conformity with the drafting process requirements under this provision;

(vii) Other elements to be reviewed.

Article 24 contains one of the following cases in which the municipal rule of law sector may request the redrafting of the drafting cell:

(i) The development of regulatory purposes is not clear;

(ii) The main system set out is either in practice or in a lack of operationality and needs to be revisited;

(iii) The existence of significant legislative deficiencies and the need for a comprehensive adjustment and modification;

(iv) There is greater controversy in the relevant sectors with regard to the principal system established, and the drafting cell has not been consulted with the relevant sectors;

(v) Changes in the basic conditions for the formulation of regulations are not appropriate for the development of regulations.

Article 25 Reviews, modifications and regulations in the rule of law sector of the municipality should be investigated, widely consulted on the management of the relative and social dimensions, and validate key issues and other controversial issues in the regulations.

Article 26 The municipal rule of law sector should seek the advice of the municipal legislative advisory expert on the issuance of the reports and may entrust them with conducting research on major theoretical and technical issues that relate to thematic studies.

Article 27 of the municipal rule of law sector should send a preliminary revised version of the regulations to seek the views of the various districts (markets), the people of the region and the relevant sectors of the city.

In each district (market), the people of the region and the relevant authorities of the city, the executive branch concerned should be collectively discussed to make proposals for amendments, to be signed by the main heads of State and to add to the public chapter, to return to the rule of law sector of the city, as required, and to the extent that they are not returned, without any opinion.

Article 28, the rule of law sector of the municipal government should treat different views objectively and impartially during the review process.

The authorities of the municipalities (communes), the communes and the municipalities concerned have different views on the main systems and measures involved in the issuance of the regulations, the management system, the division of competence, which should be coordinated and agreed by the municipal rule of law sector; the divergence, with uncoordinated coordination, invites the municipalities concerned to coordinate their leadership; and, through coordination, no consensus, the clarifications made by the municipal rule of law sector to deal with views, and the decisions of the municipal authorities or plenary meetings.

Article 29 provides for the amendment of the texts of the regulations to be delivered, the development of draft regulations and their descriptions, signed by the main heads of the units concerned, to be submitted for consideration by the Standing Committee of the Municipal Government or the plenary.

The content of the information should include the need for regulations, drafting processes and legal bases, key issues to be addressed, key systems and measures established and coordination with the relevant sectors.

Chapter V Decisions, publication and documentation

The draft regulations should be considered by the Standing Committee of the Municipal Government or by the plenary.

In considering the draft regulations, statements were made by the principal holder of the rule of law of the municipality.

The main heads of the municipal rule of law and drafting units are responsible for explaining the queries raised during the discussions.

Article 31 of the draft regulations adopted by consideration of the principles of acceptance, which are revised by the municipal authorities' rule of law, in conjunction with the drafting unit, in accordance with the municipal council meetings or in plenary deliberations, sets out a draft amendment requesting the mayor to sign a government order for publication.

Article 32, which was issued by the Mayor, shall be published in a timely manner by the Gilin Municipalities and the Giang City Day.

The text of the regulations published in the Ghlin City is the standard text.

Article 33 shall be applied after 30 days of the date of publication. However, the need for major public interest in society, such as public security, emergency pillage, or the publication of an immediate non-implementation would impede the implementation of regulations and could be implemented from the date of publication.

Article 34 should be submitted to the State Department of State, the Permanent Committee of the People's Congress, the Government of the province and the Standing Committee of the People's Congress, within 30 days of the publication.

Other provisions of chapter VI

Article 35 contains one of the following cases, which is the responsibility of the municipality to interpret:

(i) The provisions of the regulations require further clarity on specific meaning;

(ii) A new situation following the enactment of regulations requires clear application of regulations.

Regulation explains that the rule of law sector of the municipal government provides advice in accordance with the regulatory review process and requests the approval of the municipality. Regulation interpretation is equally effective.

Specific application issues related to regulations are described by the relevant municipal authorities.

After the publication of two years of implementation of the regulations, the executive branch should conduct a legislative post-implementation assessment of its implementation, investigate, evaluate the legislative quality and effectiveness of the regulations, propose an assessment of their continued operation or modification, repeal, interpretation and inform the municipal government.

The specific approach to post-regulation assessments is developed separately by the municipality.

In one of the following cases, the executive branch of the regulations or the municipal authorities' rule of law should make proposals for amendments, repealing regulations in a timely manner:

(i) The top law on the basis of the regulations has been amended or repealed;

(ii) The main elements of the regulations are replaced by the relevant superior law or other regulations;

(iii) The content of regulations that have been lost or regulated has not been adapted to the actual needs of society;

(iv) Other cases should be amended and repealed.

Amendments, repeals and regulations are implemented in accordance with the relevant provisions of the regulations.

Chapter VII

Article 338 develops draft local legislation to be submitted by the municipality to the General Assembly or its Standing Committee, taking into account the provisions.

Article 39