Fushun Municipal People's Government Development Of Local Regulations And Regulatory Procedures

Original Language Title: 抚顺市人民政府拟定地方性法规草案和制定规章程序规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201307/20130700388843.shtml

Fushun municipal people's Government development of local regulations and regulatory procedures

    (2nd April 16, 2013, Fushun city people's Government Executive meeting April 28, 2013 166th Fushun city people's Government promulgated as of June 1, 2013) Chapter I General provisions

    First in order to regulate the local regulations (hereinafter regulations) and of the draft regulations to establish procedures, improve the quality of legislation, according to the People's Republic of China Law on legislation, the State Council of the rulemaking Procedure Ordinance and other laws and regulations, combined with the city's actual, these provisions are formulated.

    Article draft legislation in these rules refers to municipalities within the statutory authority development, drew attention to the municipal people's Congress and its Standing Committee consideration of draft normative documents.

    Regulations in these rules refers to municipalities within the statutory authority to develop normative documents and publish it in the form of municipal government.

    Article prepared draft legislation and regulations should be in accordance with the People's Republic of China legislative principles of the legislative act, in line with the Constitution, laws, administrative regulations and other higher-level law provisions.

    Article fourth following the development of draft laws:

    (A) for the implementation of the provisions of laws and administrative rules and regulations, provincial regulations, according to the matters specified in this municipality;

    (B) has not yet established the laws and administrative regulations of the State, nor in the province enacted regulations under this specific matter requiring legislation;

    (C) belongs to the local issues in this city, the need for regulatory matters.

    The following regulations:

    (A) for the implementation of provisions of laws and administrative rules and regulations, provincial and municipal laws, regulations need to be developed;

    (Ii) belonging to the city's regulatory issues.

    Article fifth legal departments to formulate draft legislation and regulatory authorities, whose main functions are:

    (A) the project audit of draft laws and regulations;

    (B) preparation of an annual legislative programme, after the approval of the Municipal Government to organize its implementation;

    (C) responsible for regulating the Government behavior in the drafting of draft laws and regulations;

    (D) supervising and directing the relevant departments to carry out legislative work;

    (E) coordinating the elaboration of draft laws and regulations in the course of disputes;

    (Vi) review of the draft regulations and regulations, attention of the Standing Committee of the municipal government or the plenary;

    (VII) is responsible for the elaboration of draft laws and regulations and other related matters.

    Sixth article of draft regulations and regulatory requirements included in the annual budget.

    Chapter II establishment

    Seventh Legislative Affairs Department of the Municipal Government should be before the end of October in each year to the municipal government departments, County District people's Government and other functions of public administration organizations collecting for next year requires municipal governments develop regulations and regulatory legislation, and to the social needs call for release the following year the Municipal Government to develop draft regulations and regulatory proposals announced.

    Municipal Government departments, district people's Government and other public management functions of the Organization should be based on the work of the Legal Department prepared draft regulations and applications for regulatory approval.

    Citizens, legal persons and other organizations may appeal to the Legal Department to develop regulations and regulatory legislation.

    Municipal Legislative Affairs Department of legislative proposals which should be collected in a timely manner according to the recommended contents referred to relevant departments to ensure that relevant departments decided to adopt, an application shall be submitted to the Legislative Affairs Department of the Municipal Government to establish the project.

    Article eighth application materials for the project include the following:

    (A) the project description;

    (B) the preparation of draft laws and regulations of the Organization and scheduling of work;

    (C) to legal departments submit draft legislation and draft regulations (hereinafter draft);

    (D) the resources associated with the project.

    Project description the elaboration of draft laws and regulations should be the necessity, feasibility, to solve problems and to be determined by the main system, legislative basis and explanation.

    Project applications shall be subject to the applicant decided collectively, submitted in the form of official documents.

    Nineth legal departments to apply for project summaries, study, develop annual legislation plan of the municipal government. Annual legislative programme by the individual in charge of the Mayor's approval and attention of the Standing Committee of the municipal government for its consideration.

    Plan prior to the attention of the Standing Committee of the Municipal Government to consider the draft regulations also bi Dang full consultation with the Standing Committee of the municipal people's Congress Legislative Affairs Agency. Annual legislative programme after the Executive meeting examined and adopted by the municipal government, published by the municipal government.

    Draft regulations planned by the Municipal Government Office of the Standing Committee of the municipal people's Congress.

    Tenth Legislative Affairs Department of the Municipal Government when preparing its annual legislative programme, in accordance with the project, the research project in their category, and name of the elaboration of draft laws and regulations, the drafting of formal project should also determine the time to submit the draft to the legal sector.

    Officially submit the draft should be completed by a certain time.

    Research project-related units should strengthen research demonstration on time submitted the corresponding survey report to the legal department.

    11th annual legislative programme in the implementation of, and approved by the municipal government, can be adjusted according to the actual situation.

    Proposed item of legislation shall be submitted in accordance with the provisions of this article eighth project applications.

    Procedure to adjust the annual legislation plan pursuant to the provisions of the municipal government, Municipal Department of Legal Affairs shall be published through the Legislative Affairs Department of the municipal government Web site.

    Chapter drafting

    12th draft rules and regulations can be represented by one or several units in charge of drafting.

    Drafting unit of not less than three members of the drafting group should be established, may invite relevant organizations and experts participated in the drafting work, may also appoint experts in related organizations, drafted.

    13th draft laws and regulations, shall satisfy the following requirements:

    (A) compliance with superordinate laws and regulations;

    (B) the rank with other rules and regulations coordination and cohesion;

    (Iii) no copy upper law provides in principle, pay attention to the upper law is detailed and specific;

    (Iv) content should be specific, clear, with maneuverability, able to solve the problem effectively, does not avoid major problems and contradictions. 14th draft regulations and rules in the form of provisions, each can be divided into paragraphs, items, accounts.

    Simple content of draft laws and regulations are generally not divided into chapters and sections.

    Draft legislation and regulations should be intrinsically logical, clear wording, text concise, accurate and standard. 15th draft laws and regulations, shall conduct in-depth studies and summarized their experience, solicit the views of citizens, legal persons and other organizations.

    Visits, written comments can take to seek, forums, feasibility study meeting, hearing and other forms.

    Article 16th after the formation of draft laws and regulations written texts, drafting unit shall take the form of meeting participants for comments and truthfully record the main ideas and reasons.

    17th draft rules and regulations dealing with technical issues, drafting unit shall convene a feasibility study meeting, organize relevant experts and scholars to demonstrate.

    18th under any of the following circumstances, drafting unit shall hold hearings:

    (A) the draft statute establishment of an administrative license;

    (B) the draft regulations set mandatory measures imposed on property, and significant impact on the interests of citizens, legal persons and other organizations;

    (C) the content of draft laws and regulations there are significant differences of opinion;

    (D) the provisions of laws or regulations should hold hearings in other circumstances.

    Hearing held in public, drafting units should be required before the hearings public hearing time, place, content and method for selecting delegates. Article 19th drafting written request for co, units should be consulted within the time stated in their written submissions, and seal the back.

    Drafting Unit submits draft reply should be in writing. 20th draft regulations and regulations, involving other departments of the Municipal Government's duties or work closely with other departments, drafting units should be fully seeking the views of other departments.

    Drafting unit and other departments have different views, should be fully consulted after adequate consultations cannot agree, when drafting unit shall submit the draft to explain the situation. Article 21st draft shall be subject to the drafting unit in charge of Legal Affairs of the agency review, drafted by leading group discussions and signed by the Chief before the report.

    Several units jointly drafted, should be jointly signed by the heads of several major units.

    22nd draft drafting units should be in the form of official documents, together with the following documents, submitted to the Legal Department to review:

    (A) 5 copies of the legislative basis for comparison;

    (B) preparation of notes;

    (C) consultation meeting records and a collection of other materials;

    (D) according to the laws, regulations and other relevant resources.

    Drafting instructions should be on the need to prepare the draft laws and regulations, legislative basis, the main measures, relevant opinions and advice to deal with the situation and the coordination of such clarification.

    These materials (a), (b), (d) and submit the electronic text. Submit review 23rd material does not comply with the provisions of article 21st, 22nd requirements, legal department may request the drafting of supplementary material in the 15th.

    Without the required complement, legal department may return the draft drafting unit.

    Article 24th drafting units not in the annual legislation plan to finish drafting task, shall write a written report, explain the reasons put forward opinions by the Legal Department later reported that the Municipal Government decided.

    The fourth chapter reviews

    25th legal sector to review the draft mainly from the following:

    (A) compliance with superordinate laws and regulations;

    (B) whether the hierarchy of laws, regulations and other coordination and cohesion;

    (C) compliance with legislative requirements;
(D) whether the environment and conditions for implementation;

    (E) deal with the relevant ministries, organizations and citizens of the draft opinion on key issues;

    (F) the need to review more.

    Article 26th draft one of the following circumstances, legal departments can request the drafting unit modified or redrafted also helps to review:

    (A) in violation of this requirement;

    (B) developing conditions are ripe;

    (C) does not meet the basic requirements of legislation, needs major revision;

    (D) the controversy of the draft for the main system, drafting unit failed to make the necessary coordination, the argument.

    27th Legislative Affairs Department of the Municipal Government should draft main issues involved, further field research, listen to the views of the relevant departments, organizations and citizens.

    28th Legislative Affairs Department of the Municipal Government shall draft in Fushun city government website for public opinion; directly involving citizens, legal persons or other organizations vital interests and have a significant impact on society, and should also be published in the journal of Fushun, for public comment.

    Comment period shall not be less than 30th. Article 29th relevant departments of the Municipal Department of Legal Affairs shall send the draft for comments.

    Feedback should departments be stamped on time after feedback from legal departments.

    Article 30th drafting units should hold a hearing was not held in the drafting process, or during the period under review new problems need to hold hearings, legal departments in accordance with the provisions of article 18th hearing.

    31st relevant departments to draft the main measures have different views, the Division of management, permissions, legal departments in accordance with the principles of legality and proper coordination coordination fails, the problems, the Department concerned should be views and the views of the legal sector coordination, submit to the city government decision.

    32nd Legislative Affairs Department of the Municipal Government should carefully study all these views, in conjunction with the drafting changes to the draft, formation of the draft regulations, the draft regulations and the instructions, validation is in charge of the Mayor's endorsement, attention of the Standing Committee of the municipal government or the plenary.

    Description of the draft include the following:

    (A) the basis and the necessity of the legislation;

    (B) the preparation and review of summary procedure;

    (C) the major problems to be resolved and an important measure to determine;

    (D) the coordination of the major controversial issues;

    (E) the description of the other.

    Chapter fifth decision and publication 33rd draft rules and regulations considered by the Standing Committee of the municipal government decisions.

    Particularly important draft laws, regulations, and by the Mayor's decision, can be brought to the plenary decision of the municipal government.

    Consideration of the draft regulations and rules, by the Legal Department for instructions, or drafting unit briefly.

    With the rules and regulations relating to the content of the draft sector Chief to attend the meeting.

    34th rule, regulations after the Executive session approved in principle by the municipal government, by the legal authorities and the modified draft according to the deliberations.

    Draft regulations on municipal government motion drew attention to the municipal people's Congress or the Standing Committee of the municipal people's Congress for consideration; regulations submitted to the Mayor signed, published in the form of municipal government.

    Drew attention to the draft regulations considered by the municipal people's Congress or the Standing Committee of the municipal people's Congress, by the head of the Legal Department is mainly Municipal Government for instructions or official designated by the municipal government for instructions.

    35th rules upon signing and promulgation, shall at the Fushun municipal people's Government Gazette and published in the journal of Fushun.

    The Fushun municipal people's Government Gazette published texts for standard texts.

    36th rule execution time should be set out in regulations, rules and execution time interval less than 30th, involving national security and released immediately after execution except to impede the regulations implemented.

    Sixth chapter for the record and explain

    37th regulation from the date of signing and promulgation in the 30th by the municipal government in accordance with the relevant provisions, respectively to the State Council and the Liaoning Provincial people's Congress Standing Committee, the Standing Committee of the Liaoning Provincial people's Government and the municipal people's Congress for the record.

    Article 38th regulations shall be interpreted by the municipal government.

    Regulations explained by comments from legal departments refer to regulatory review procedures, approval of the Municipal Government announced.

    Interpretation of the regulations with the regulations shall have the same effect.

    The seventh chapter by-laws 39th article of the regulations come into force on June 1, 2013. October 21, 2002 issued by the Municipal Government of the Fushun municipal people's Government regulatory procedures (95th Fushun city people's Government) abrogated.