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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201308/20130800390324.shtml

Jilin Municipal People's Government rulemaking procedures

    (June 25, 2013 Executive meeting of the people's Government of Jilin city, the 15th 5th through July 3, 2013, Jilin city government order No. 231, published August 15, 2013) Chapter I General provisions

    First to regulate municipal people's Government (hereinafter referred to as the city) work on the regulations, improve its efficiency and ensure the quality of legislation, in accordance with the People's Republic of China legislative act (hereinafter referred to as the Legislative Act) and of the rulemaking Procedure Ordinance (hereinafter referred to as the regulations) and other relevant provisions of laws and regulations, combined with the city's actual, these provisions are formulated.

    Second project of the municipal regulations, drafting, review, decisions, publication, record, interpret, and apply these provisions.

    The provisions of article III of the said Government regulations (hereinafter the regulations), refers to the City Government in accordance with the permission and the procedure, normative documents in the form of Municipal Government promulgated and implemented.

    Article fourth rulemaking shall follow the legislative law and the legislative principles of the regulation, adapt to the actual needs in this city, with maneuverability, highlighting local characteristics.

    Article fifth Legislative Affairs Department of the Municipal Government is the regulatory authority for the development, carry out the following functions:

    (A) preparing the draft annual regulatory plan, approved by the municipal organization;

    (B) to guide and coordinate the drafting of the various regulations, in accordance with the regulations on annual work plans organized units jointly drafted or sponsored by drafting regulations;

    (C) to review the draft regulations, coordination and modification;

    (Iv) is responsible for the publication, report filing, explained the review of regulations;

    (E) is responsible for the city's administrative body of legislative staff training;

    (F) other relevant regulations.

    Counties (cities), the district people's Government and municipal government departments and other relevant organizations, should coordinate regulatory activities. Sixth municipal government regulatory work should be strengthened, procedures, standardized construction, ensures that legislative authority and seriousness.

    Regulatory implementation system could work incorporated into the municipal government administration examination and appraisal index system of the year.

    Have made outstanding contributions to the regulation of the municipal government units and individuals giving commendations and awards.

    Chapter II establishment

    Article seventh Legal Department before August 30 of each year to the County (municipality), district people's Government and municipal government departments collect next year rulemaking project and rulemaking proposals call for release the following year to the community notice.

    Eighth in each County (City), the district people's Government and municipal government departments need to establish regulations, an application shall be submitted to the Legislative Affairs Department of the municipal government regulatory approval.

    Citizens, legal persons or other organizations may by letter, fax, e-mail, writing, regulatory recommendations to the legal department.

    Legal, economic and social development, in accordance with this need, can submit their own regulatory programs.

    Regulatory approval applications and regulatory proposals should be submitted to the legal department before September 30 of each year.

    Nineth counties (cities), the district people's Government and municipal government departments, should the proposed reporting regulations project organization project demonstration.

    Citizens, legal persons and other organizations to make regulatory recommendations, Legal Department felt the need to establish the project demonstration, referred to the relevant departments of the Municipal Government to demonstrate, or arrange the demonstration.

    Drafting is difficult and involves a number of departments and municipalities direct regulations of the prepared projects, organized by the legal authorities and the relevant departments of the Municipal Government to establish the project demonstrates.

    Without the creation of demonstration projects, shall be included in the annual regulatory plan.

    Article tenth project demonstration project demonstrates organizational units should be built around the following aspects and report:

    (A) the need for regulatory, including whether it must be in the form of regulations to address the problem, whether national, provincial and city have developed or are developing laws, regulations, regulatory duplication;

    (B) the legality of regulations, including whether to contravene with the host computer, go beyond the regulations legislative authority;

    (C) feasibility of the regulations, including the primary system and measures to be established should be reasonable, actionable, and whether the existing administrative system in order, legislation, such as the time is ripe;

    (D) Regulations expected results, including the proposed establishment of the main system and the effectiveness of measures to solve existing problems and possible social effects of regulations went into effect.

    11th in each County (City), the district people's Government and municipal government departments reporting applications for regulatory approval, should be decided collectively, mainly responsible for the signing, and submit project report, for a description of security measures and relevant legislation references and so on.

    12th Legislative Affairs Department of the Municipal Government shall, according to the city's economy and social development as well as project demonstration, applications for regulatory approval and regulatory review recommendations, and can organize the relevant departments and the municipal government held legislative consultant feasibility study meeting, preparation of draft annual regulatory plan, signed by the Chief, reported to the Executive meeting of the municipal government or the plenary meeting after consideration by the Executive. 13th annual regulatory plan regulations can be according to the actual situation into plan to complete the project and research project.

    Determine plans to complete the project, priority should be given to the previous annual regulatory plan legislative conditions were ripe for the development of research projects. Annual regulations establishing work plans should be clearly the name, drafting, submission time etc.

    Plans to complete the project, should be submitted prior to the May 30 this year to review draft; research projects, shall, before April 30 of the year submitted to the research plan, and submit the investigation report and preliminary draft regulations before October 30, was not submitted in a timely manner shall be included in the next annual regulatory plan.

    Article 14th regulations drafting units should strictly implement the annual work plan. Regulations drafting unit in the implementation of the annual development plan process, deems it necessary to adjust the project should give written explanations to the legal department.

    Legal departments can be adjusted according to the actual situation, after the approval of the municipal government leaders agreed to implement.

    Due to the city's economic and social development, needs to increase in annual regulatory plan, proposes to increase the project's legal department to explain the situation in a timely manner, and in accordance with the provisions of article 11th's required regulatory project applications and related materials, reviewed by the legal department argues that approval of the municipal government leaders agreed, could be included in the annual regulatory plan.

    Chapter drafting 15th draft regulations by annual work units identified in the plan.

    Drafting unit in the process of drafting regulations, legal departments should be invited to participate in research, demonstration, comments and suggestions.

    May invite relevant organizations and experts to participate in drafting regulations, can also be entrusted to the relevant organizations, expert drafting. Regulation of 16th article content should be consistent with the Constitution, laws, administrative regulations and the provisions of other higher-level law, coordination and cohesion and with the relevant regulations.

    Upper law has clearly defined contents, provisions, in principle, will not repeat.

    17th draft rule should conduct in-depth studies and extensively listen to the views of the relevant departments, organizations and citizens, domestic and foreign experience for reference. Draft regulations should be organized seminars, listened to relevant departments, grassroots organizations and the national people's Congress, the CPPCC members, legislative consultant and the views of the administration of the municipal government.

    Involving significant legal issues or special professional problems, shall convene a feasibility study meeting, listening to the views of relevant experts or other professionals.

    Directly related to the vital interests of citizens, legal persons and other organizations regulations, drafting units should be open to the public for comment.

    Regulations are drafted by the 18th of the following circumstances, shall hold a hearing:

    (A) have a significant impact on the city's economic and social development;

    (B) is directly related to the vital interests of citizens, legal persons and other organizations;

    (C) there are significant differences of opinion;

    (D) other cases requiring hearing.

    Article 19th draft regulations related to other departments or work closely with other departments, drafting units should seriously listen to the views of other departments, active coordination coordinated cannot agree, comments on the scheme together with the draft regulations should be submitted to the Legal Department, and explained in the drafting instructions.

    20th draft regulations should be examined by the drafting bodies responsible for legal, decided collectively by the drafting unit, principals signed drafted jointly by two or more units, signed by units primarily responsible.

    Article 21st when submitted to the draft regulations, drafting units should be submitted in accordance with the Legal Department to request the number of copies of the following documents and materials:

    (A) drew attention to the review report;

    (B) draft regulations and their electronic texts;

    (C) preparation of notes and draft regulations electronic text;

    (D) relevant ministries, organizations and individual written comments on the draft regulations, feasibility study meeting, convened the hearing, should be accompanied by a feasibility study meeting, hearing records;

    (E) legislation relating to the legal basis and the reference materials.

    Regulations draft drafting instructions include the development of regulations need to be status and existing problems of normative matters, drafting and legal basis, it is proposed to establish the main system and measures, consultation and coordination of divergent views and other issues important to note. 22nd article draft submitted documents and material does not comply with the provisions of article 20th, 21st, and legal departments can request the drafting units added in the 10th.

    Drafting unit without the required complement, legal department may return the regulation draft drafting unit.

    The fourth chapter reviews

    Article 23rd draft regulations by the Legal Department review, review content include:

    (A) compliance with the provisions of the legislation law principles and relevant provisions of the Ordinance;
(B) coordination with the content of the relevant regulations and cohesion;

    (C) the primary system and measures to be established whether it is feasible and practical;

    (D) comments overall, on various aspects of treatment is correct, reasonable;

    (V) compliance with legislative requirements;

    (Vi) compliance with the provisions of this draft program requirements;

    (G) the need to review more.

    24th regulation draft one of the following circumstances, legal departments can request the drafting unit redrafted:

    (A) the regulatory aim is not clear;

    (B) the actual, setting the main system from the city or a lack of maneuverability, require investigation;

    (C) large defects in the legislation, the need for a comprehensive adjustments and modifications;

    (D) set by the relevant departments of the system there is a big controversy, drafted without consultation with the relevant departments;

    (V) basic conditions of regulatory change, not suitable for the development of regulations.

    25th Legal Department to review, modify, rule, should be investigated and widely seek the views of management and all aspects of society, and to develop regulations on major issues and other controversial issues to demonstrate.

    Article 26th City Department of Legal Affairs shall submit the draft of the regulations seek municipal legislative advisory expertise, and entrusted it to involve important theoretical research demonstration and technical issues, proposed a special research report.

    After the 27th Legal Department should be to modify the preliminary draft of the regulations, in writing requesting the County (City), the views of district people's Government and municipal government.

    Counties (cities), the district people's Government and municipal authorities for regulations draft shall brainstorm, propose amendments, signed by the heads of major ones, and seal the, Legislative Affairs Department of the Municipal Government is returned in time and fails to return, with no comments.

    28th Legislative Affairs Department of the municipal government in the review process should be objective and impartial, and facts about a variety of different views.

    The County (City), and District Government and Municipal Government about sector on regulations trial draft involved of main system and measures, and management system, and permission Division, problem has different views of, municipal government legal sector should for coordination, reached consistent views; views differences larger, by coordination not reached consistent views of, reported to the Municipal Government about led coordination; after coordination still not reached consistent views of, by municipal government legal sector made description, proposed processing views, by municipal Government Executive Conference or all Conference decided.

    29th the views of the legal sector, make modifications to the draft regulations, form the draft regulations and explanatory materials and units after the signing, signed by the Chief, reported to the municipal executive meeting or plenary session.

    Necessity of explanatory material should include regulations, drafting and legal basis, the main issues to be resolved, the establishment of the main system and measures and coordination with the relevant departments, and so on.

    Fifth chapter decisions, disclosure and filing

    Article 30th draft regulations should be decided by the municipal executive or plenary.

    Consideration of the draft regulations, made by the head of the Legal Department is mainly description.

    Head of Legal Department and drafted by the main, interpret queries raised in the meeting and explained the situation.

    31st by the consideration of the draft regulations was approved in principle, by the legal authorities and the drafting units according to the Municipal Government Executive meeting or plenary and amended, formed the amended draft, submitted to the Mayor signed the Government Decree, to be published.

    32nd after the regulation signed by the Mayor, the Jilin city, and the River City Journal shall be published.

    The Jilin Municipal newspaper published text of the regulations as a standard text. 33rd regulation should come into force after the 30th from the date of promulgation.

    But due to public safety, emergency response and other major public interest of the community needs or not purposes of impeding regulations immediately after the release, can come into force on the date of promulgation.

    Article 34th regulations shall be published in the 30th, by the rule of law sector in accordance with the relevant provisions of the municipal government, the State Council and the Standing Committee of the provincial people's Congress, the provincial people's Government, the Standing Committee of the municipal people's Congress for the record.

    Other provisions of the sixth chapter

    35th rule any of the following circumstances, the municipality is responsible for the interpretation:

    (A) the regulations needs to further clarify the specific meaning;

    (B) the enactment of regulations there is a new situation, need to be clearly applicable regulations based on the. Regulations explained by comments from legal departments in accordance with the regulatory review process, report it to the municipal government for approval.

    Regulations explanation has the same effect.

    Specific application problems involving regulations, the municipal authorities are responsible for that.

    36th regulations promulgated two years later, implemented after legislation for its implementation should be assessed, regulations legislative investigation, evaluate the quality and effectiveness of proposed regulations to continue or modify, repeal, interpretation, such as assessment, and report to the municipal government.

    Regulatory assessment of the legislation and the specific measures shall be formulated by the municipal government.

    37th under any of the following circumstances, implementation of the Regulations Department or the legal department shall modify, repeal regulations proposed in a timely manner:

    (A) the regulations according to the upper law already amended or annulled;

    (B) the main content regulations be replaced by higher-level laws or other regulations concerned;

    (C) the regulations of an object has disappeared or specification has not adapted to the actual needs of the community;

    (D) other circumstances that should be amended, repealed Regulation.

    Modify, repeal regulations, reference to the relevant provisions of the regulation.

    The seventh chapter by-laws

    38th article Municipal Government drew attention to the municipal people's Congress or its Standing Committee consideration of draft local regulations with reference to these provisions. 39th article of the regulations come into force on August 15, 2013.