Luoyang City Government Rulemaking Procedures

Original Language Title: 洛阳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/201305/20130500387158.shtml

Luoyang City Government rulemaking procedures

    (1th January 13, 2012 in Luoyang City people's Government Executive meeting January 31, 2012, Luoyang City people's Government announced on March 3, 2012, 115th) Chapter I General provisions

    First to regulate municipal people's Government (hereinafter referred to as the city) Regulations establish procedures to ensure the quality of regulation, in accordance with the People's Republic of China legislative act (hereinafter referred to as the Legislative Act) and of the rulemaking Procedure Ordinance and practical, these provisions are formulated.

    Second initiation, drafting, review, decision of the municipal regulations, publication, these provisions shall apply.

    Article regulations shall follow the legislative law and the regulatory principles of the procedures set out in the regulations and adapt to the actual needs in this city, with local characteristics.

    Fourth rule names are generally called "rules", "method", "implementing rules" shall not be called "regulation".

    Fifth city under unified leadership for the development of regulations. Legal mechanism under the leadership of the Municipal Government is responsible for organizing the implementation of these provisions, on the development of regulations for planning, research, review, coordination and guidance.

    Departments should pay attention to the work on the regulation on the draft regulations, regulations drafting, review, coordination, demonstrate and publish work to give the necessary support.

    Chapter II establishment

    Sixth the County (City) district people's Government and municipal government departments (including the high-tech development zone, stop at iping in District Management Committee, Management Committee of gantry) that regulations need to be developed next year, should have been before November 30 shall be reported to the legal bodies to establish the project.

    Seventh report to the project's regulations shall be subject to the following conditions:

    (A) project with superordinate laws which are not inconsistent with the regulations;

    (B) Regulations of the projects belong to the law only provides for the principle, administrative regulations, local regulations, or rules of the projects belonging to the administrative area of the city specific administrative matters required by specific provisions of the municipal government;

    (C) the regulations project has been proposed to solve the main problem and the major systems to be determined reasonable and feasible schemes or measures;

    (D) the regulations project has been prepared the draft, along with instructions and related information. Article eighth legal institutions should be based on national and provincial legislation, as well as the annual work of the Municipal Government's overall deployment, summarizes research on the applications for regulatory approval, according to focus, a holistic principles, develop annual regulatory work of the municipal government plan, reported to the Standing Committee of the Municipal Government after consideration by the Executive.

    Item in the annual regulatory plan into projects and research projects, without research or conditions are ripe and the project shall be included in the official program. Citizens, legal persons and other organizations to regulatory recommendations to the Government. Legal agencies on regulatory proposals, research or forwarded to the relevant government departments should be organized.

    Practical advice, in accordance with the process of creation. Not included in the annual regulatory plan official regulations, in principle, become developed.

    Consider that regulatory requirements of relevant departments or units, should be submitted to the legal bodies required for project-related material, review by the legal bodies, proving the considers it necessary to develop, Executive Vice Mayor of the city mayor or his approval before project development.

    Chapter drafting

    Nineth regulations drafted by the approval of the project Department.

    Regulations concerning management of multiple departments, by one or several departments are responsible for drafting drafting can also be drawn up by legal institutions or organizations.

    May invite relevant experts and organizations to participate in drafting regulations, can also be entrusted to the relevant organizations, expert drafting.

    Legal institutions should be operational guidance on the drafting of the sector. Tenth draft regulations should be thorough investigations and studies, sum up experience, listen to the views of relevant bodies, organizations and citizens. Hearings may be in written comments, forums, feasibility study meeting, hearing and other forms.

    Drafting rules and regulations directly related to the vital interests of citizens, legal persons or other organizations, and relevant bodies, organizations or citizens have major differences of opinion should be announced to the public hearings or, seek the views of all sectors of the community.

    11th draft rule should be subject to the following requirements:

    (A) to protect the legitimate rights and interests of citizens, legal persons and other organizations, it should fulfil its obligations imposed at the same time, should provide the rights and guarantees of their rights of way;

    (B) to embody the principle of unity of powers and responsibilities of the executive authorities, conferred on the executive authorities the necessary terms of reference at the same time, it should provide the conditions for the exercise of any powers, procedures and responsibilities;

    (C) from the overall situation and the overall interests of the people, avoiding emphasizes the rights and interests of the Department. 12th rule drafting departments should set up a drafting group, clearly dedicated, completed the drafting of mandates according to the plan, and to submit the draft to the draft regulations.

    Not submitted on time, shall report to the legal bodies state the reasons. 13th to submit draft regulations draft regulations should be attached at the same time the drafting instructions.

    Regulatory drafting instructions should include the following:

    (A) the regulatory necessity;

    (B) the regulatory basis;

    (C) the main problems to be resolved and the main system, measures;

    (Iv) feasibility of execution;

    (E) demonstrates the problems of coordination and consultation in the process of dispute and opinion;

    (F) to note other problems.

    The fourth chapter reviews

    Article 14th legal institutions are responsible for the submission of draft regulations draft review and other related materials.

    15th draft regulations draft one of the following circumstances, legal institution to stride or returned to the drafting Department:

    (A) regulatory basic conditions are not mature;

    (B) Regulations of main system and upper law conflicts or system under the relevant departments to draft controversy, the drafting Department without consultation with the relevant departments;

    (C) drafting in violation of the provisions of other articles.

    16th legal institutions to respond to preliminary review draft regulations draft and form regulations draft. 17th regulation draft each Party shall consult with relevant departments, management and legal advice.

    Regulations draft shall be open to the public for comments, public comment period of not less than 10 days.

    Support cost required to request for comments in the preceding paragraph drafted by the regulatory departments.

    Article 18th legal institutions in the process of reviewing regulations draft should carefully research and reasoning, processing depending on the circumstances.

    (A) involved in the management, function and other important matters, first reported to the Government decision;

    (B) for advice, authorities said has no objection to draft, signed by the heads of the various departments concerned mainly confirmation;

    (C) have different views on the need for coordination, coordination meetings convened by the legal bodies;

    (D) there are major differences of opinion need to coordinate, drew attention to the coordination meeting of the municipal government. The views of 19th composite legal institutions, to modify the regulation draft, draft regulations on formation and description of the draft.

    Description of the draft regulations should include a regulatory necessity and main problems to be resolved, and established the main rules, measures, as well as demonstrated coordination, and so on.

    Draft regulations and instructions signed by the head of legal institutions, attention of the Standing Committee of the municipal government for its consideration.

    Chapter fifth decision and publication

    20th when the draft regulations and draft statement by legal bodies.

    After 21st agreed by the consideration of the draft regulations, legal institutions should be modified according to the deliberations on the draft regulations, form a revised version of the draft regulations and submit them to the Mayor signed an order to be published. 22nd regulations upon signing and promulgation, the Luoyang daily should be published in full in the 5th.

    City bulletin shall be published in a timely manner, the published text of the regulations as a standard text. 23rd the rules should come into force after the 30th from the date of promulgation.

    However, immediately after the announcement implemented could affect regulations to implement, can come into force on the date of promulgation.

    The sixth chapter supplementary articles Article 24th legal institutions should regularly check the implementation of regulations.

    This includes:

    (A) advocacy, implementation of the regulations;

    (B) of the construction of the supporting system of regulations;

    (C) the effect of the implementation of the regulations.

    For problems discovered in the inspection of the implementation regulations, responsible departments should timely corrective action perfect. 25th article this provision was introduced on March 3, 2012.