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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

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Follow-up to the development of draft local legislation and regulations by the Government of the city

(It was considered at the 2nd ordinary meeting of the Government of the city on 16 April 2013 through Order No. 166 of 28 April 2013, published as from 1 June 2013)

Chapter I General

Article 1 establishes procedures for regulating local legislation and regulations (hereinafter referred to as a guide) to improve the quality of legislation, in accordance with the laws, regulations, such as the Law of the People's Republic of China, the Regulations of the Department of State, and the Regulations and Rules of Procedure.

Article 2, paragraph 2, refers to the draft normative document prepared by the Government within its statutory competence to bring to the attention of the General Assembly and its Standing Committee.

The regulations set out in this provision refer to normative documents developed by the municipal authorities within the statutory authority and issued in the form of a municipal government order.

Draft legislation and regulations should be developed in accordance with the legislative principles established in the National People's Republic of China's Legislative Act, in conformity with the provisions of the Constitution, the law, administrative regulations and other superior laws.

Draft legislation may be prepared for the following matters:

(i) To implement the provisions of the laws, administrative regulations, provincial legislation and regulations, specific matters are required in accordance with the realities of the city;

(ii) The State has not yet enacted legislation, administrative legislation, nor has legislation in place to establish matters requiring legislation in accordance with the specific circumstances of the city;

(iii) The local affairs of the city and matters requiring legislation.

The following matters may be regulated:

(i) Matters requiring regulations for the implementation of legislation, administrative regulations, provincial and municipal legislation;

(ii) Matters relating to the specific administration of the city.

Article 5 The municipal rule of law sector is the competent authority for the preparation of draft regulations and the development of regulations, with the primary responsibility:

(i) The draft legislation and the regulations are subject to review;

(ii) The preparation of annual legislative plans for implementation by post-commune governments;

(iii) Drafting legislation and regulations governing common government conduct;

(iv) To promote and guide the legislative work of the relevant sectors;

(v) Harmonize the drafting of draft legislation and the drafting of regulations;

(vi) Review of the draft legislation and regulations, drawing to the Standing Committee of the Municipal Government or the plenary for its consideration;

(vii) Other matters relating to the preparation of draft legislation and the development of regulations.

The preparation of draft legislation and the development of regulations are included in the annual financial budget.

Chapter II

Article 7. The rule of law sector of the municipal government shall, by the end of October of each year, solicit the next year of legislative projects requiring the Government to prepare draft legislation and regulations, and to make a public declaration of legislative recommendations for the preparation of draft legislation and regulations for the next year.

The municipalities, the Governments of the various districts and other organizations with public management functions should submit proposals for the preparation of draft legislation and the development of regulations to the municipal authorities in accordance with their work.

Both citizens, legal persons and other organizations may make legislative recommendations for the development of draft legislation and regulations to the municipal authorities.

The municipality's rule of law sector should promptly refer to the legislative recommendations collected to the relevant sector for study, as recommended, and the relevant departments decide to adopt requests should be made to the municipal authorities.

Article 8

(i) Annotations;

(ii) Organization of the drafting of draft regulations and regulations and arrangements for the progress of work;

(iii) Times to submit draft legislation and regulations to the municipal authorities in the area of the rule of law (hereinafter referred to as a summary);

(iv) Reference information relevant to the subparagraph.

The formulation of draft legislation and the need for regulations, feasibility, key issues to be addressed and key systems to be identified, legislative grounds, etc.

The application shall be submitted in the form of an official document through a collective discussion by the applicant's unit.

Article 9. The municipal rule of law sector conducts a summary and study of the application and prepares annual legislative plans for the municipal government.

The annual legislative plan was submitted for consideration by the Standing Committee of the Municipal Government following the approval of the mayors. The draft legislation is planned to bring before the deliberations of the Standing Committee of the Municipal Government to full consultation with the rule of law institutions of the Standing Committee of the People's Representatives.

The annual legislative plan was issued by the municipality following the consideration of the adoption by the Standing Government. The draft legislation plans to be presented by the Executive Office of the Municipal Government to the Standing Committee of the Assembly.

Article 10. When the municipal rule of law sector develops annual legislative plans, it is classified in accordance with formal projects, research projects, and clearly develop draft legislation and regulations name, drafting units; formal projects should also determine the time to send copies to the municipal authorities' rule of law sector.

Drafting units of the formal project should complete the delivery process at the time determined.

The relevant units of the research project should highlight research findings and submit relevant research reports to the municipal authorities in a timely manner.

Article 11. The annual legislative plan is being implemented, with the approval of the municipal authorities, which can be adjusted on the basis of the facts.

The proposed additional legislative project shall make a request in accordance with article 8 of this article.

In accordance with the prescribed procedures, the municipal government's rule of law sector should be made public through the municipal government rule of law sector website.

Drafting

Draft legislation and regulations may be specifically responsible for drafting.

Drafting units should establish drafting groups that are not less than three members and may invite relevant organizations, experts to participate in the drafting process or to entrust the relevant organizations, experts with drafting.

Drafting legislation and regulations should be in line with the following requirements:

(i) In conformity with the law and the provisions;

(ii) Coordination and interface with other same-ranking legislation, regulations;

(iii) In principle, no reference is made to the provisions of the superior law, with a focus on the nuance and specificization of the secondary law;

(iv) The content should be specific, clear and operational, capable of effectively resolving problems and avoiding major problems and contradictions.

The draft legislation and regulations are formulated in the form of the provisions and each article can be divided into sections, subparagraphs and indicators. A simple draft legislation and regulations generally do not include chapters or sections.

Draft legislation and regulations should be structured in logic, articulation, letter, accuracy and norm.

Drafting of draft legislation and regulations should include an in-depth study on practical experience and extensive consultation with civil, legal and other organizations. The consultation may take the form of visits, written requests, colloquiums, hearings and hearings.

Following the written text of draft legislation and regulations, the Drafting Unit shall take the form of a meeting to seek the views and reasons for the actual record of the participants.

Draft legislation and regulations deal with professional technical issues, and the drafting cell should convene a validation meeting to organize expert, scholarly and validate.

In one of the following cases, the drafting cell shall hold a hearing:

(i) The draft legislation creates administrative licences;

(ii) The draft legislation creates mandatory measures for property and has a significant impact on the interests of citizens, legal persons and other organizations;

(iii) There are significant differences in the content of draft legislation and regulations;

(iv) Other circumstances in which hearings should be held should be provided by law, legislation and regulations.

The hearings were held in public and the drafting cell should make the time, place, content and the way in which the hearings were published before the hearings were held.

Article 19 The drafting cell shall seek the advice of the relevant units in writing, and the body consulted shall submit written observations within the prescribed time frame and include a response to the public chapter. The drafting cell should provide a written statement of the response when the draft articles were sent.

Draft legislation and regulations, which relate to the responsibilities of other sectors of the municipality or are closely connected with other sectors, should fully seek the views of other sectors. The drafting cell has different views with other departments and should be fully consulted; the drafting cell should indicate when the draft articles are sent.

Article 21 shall be communicated by the drafting body responsible for the rule of law, by leading the collective discussion adopted by the drafting cell and by the principal holder. Several units are co-drafted and should be signed by several heads of units.

Article 2 bis. The drafting cell shall transmit the text of the trial in the form of an official document, together with the following materials, to the municipal government rule of law sector review:

(i) The legislation is based on five against table I;

(ii) Drafting notes;

(iii) To seek the documentation and other inputs collected by the Conference;

(iv) Legal, legislative and other relevant references.

The drafting note should provide clarifications on the need for draft regulations and regulations, the legislative basis, the principal measures provided, the views and observations of the parties concerned and the coordination situation.

The above-mentioned materials are sent simultaneously to the electronic text (i), (ii), (iv).

Article 23 of the report is not in accordance with article 21, article 22 of the present article, and the municipal rule of law sector may require the drafting unit to supplement the relevant material within 15 days. Unless requested supplements, the municipal rule of law sector may return to the drafting unit.

Article 24 does not fulfil the drafting mandate as required by the annual legislative plan and shall write a written report on the reasons for the post-community government decision of the municipal authorities to deal with comments.

Review of chapter IV

Article 25

(i) In conformity with the law and the provisions;

(ii) Whether there is coordination and interface with other counterparts;

(iii) In conformity with legislative technical requirements;

(iv) Have the environment and conditions in place;

(v) Is the right to deal with the views of the relevant departments, organizations and citizens on the main issues of the delivery;

(vi) Other elements to be reviewed.

Article 26 was one of the following cases, and the municipal rule of law sector could require amending or redrafting of the drafting unit or a suspension of the review:

(i) Violations of the requirements of this provision;

(ii) Developing conditions that are not mature;

(iii) Incompatibility with the basic requirements of legislative technology, there is a need for greater changes;

(iv) There was greater controversy with regard to the main regime set out in the draft articles, which did not provide the necessary coordination and argument.

Article 27 states that the rule of law sector of the municipal government should consult the relevant departments, organizations and citizens on the main issues involved in the delivery of the draft articles.

The second eighteen municipal rule of law sector should make the copies available on the municipal government website to seek public advice; directly involve the interests of citizens, legal persons or other organizations and have a significant impact on society; and public advice should also be sought in the Times.

The period of consultation shall not be less than 30 days.

Article 29 of the municipal rule of law sector should send the draft of the trial to the relevant departments for comments. The relevant sectors should have prompt feedback on the Government's rule of law.

Article 33 The drafting cell should be held without a hearing during the drafting process or, at the review stage, identify new issues requiring a hearing, which may be held in accordance with article 18 of the present article.

Article 31 has different views on the main measures involved in the delivery of the draft, the management system, the division of competence and the coordination of the municipal rule of law sector in accordance with the legitimate and appropriate principles; coordination should include key issues, the views of the relevant sectors and the treatment of the municipal rule of law sector.

Article 32, the rule of law sector of the municipal government should carefully study the views of all parties, modify the draft articles with the drafting units, form the draft regulations, regulations and notes on the draft, and draw the consideration of the municipal government meetings or plenary meetings upon the approval of the mayor.

The note on the draft includes, inter alia, the following:

(i) The basis and the need for legislation;

(ii) A brief process for drafting and reviewing;

(iii) Key issues to be addressed and important measures identified;

(iv) Coordination of major controversial issues;

(v) Other needs clarification.

Decisions and publication of chapter V

The draft regulations, regulations and regulations are considered by the Standing Committee of the Municipal Government. The draft regulations, regulations, which are of particular importance, may be brought to the plenary of the municipal government for its consideration.

Consideration of the draft regulations, regulations and regulations may also be made by the municipal authorities' rule of law sector or by the drafting body.

The main heads of departments concerned with the content of the draft regulations and regulations are represented.

Article 34, draft regulations and regulations were adopted by the principle of the Standing Committee of the Municipal Government, which would be modified by the municipal authorities' rule of law and by the drafting cell in accordance with the deliberations.

The draft legislation is submitted in the form of a municipal government bill to be considered by the General Assembly of Permanent Representatives to the Assembly or by the People's Representatives of the Municipalities; the regulations invite the Mayor to sign for publication in the form of a public order.

The draft legislation brought to the consideration of the General Assembly by the City People's Representatives Council or by the Municipal People's Representatives Assembly is provided by the main holder of the rule of law sector in the city, or by the relevant heads designated by the municipality.

When the regulations are signed, they should be published in the Communiqués of the Communiqué of the People's Government and the Memorial.

The text published in the Communiqué of the People's Government is the standard text.

The specific time for the implementation of Article 36 should be set out in the Regulations that the time between publication and implementation is less than 30 days, except for national security and the non-implementation of regulations without delay.

Resolves and interpretations

Within 30 days from the date of signature of the publication, the Municipal Government, in accordance with the relevant provisions, submits the Permanent Committee of the General Assembly, the People's Representatives of the Broaden Province and the Standing Committee of the Assembly.

Article 338 is interpreted by the municipality.

The interpretation of the regulations is provided by the municipality's rule of law sector, in reference to the regulatory review process, to be published upon approval by the municipality.

The interpretation of the regulations is equally valid.

Chapter VII

Article 39 The procedures set up by the Municipal Government of 21 October 2002 (No. 95) were also repealed.