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Luoyang City Government Rulemaking Procedures

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

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Procedures established by the Government of the Liveli City

(Conducted on 3 March 2012)

Chapter I General

Article 1 establishes procedures for regulating the regulations of the Government of the city (hereinafter referred to as the municipality) to guarantee the quality of the regulations, in line with the Law on the Law of the People's Republic of China (hereinafter referred to as the Legislative Act) and the Regulations and Rules for the Development of the Procedures Regulations.

Article 2

Article 3 establishes regulations that should be guided by the principles set forth in the Legislative Act and the Regulations and Rules for the Development of Procedure Regulations, adapt to the actual needs of the city and be local.

The name of Article IV is generally referred to as “the provision”, “The approach”, “the application of the rules” and shall not be referred to as “the regulations”.

Article 5 provides a unified leadership for the development of regulations.

The municipal rule of law institutions are responsible for organizing the implementation of this provision under the leadership of the municipal government, and planning, research, review, coordination and guidance for the development of regulations. The draft regulations should give priority to the development of regulations and provide the necessary support for the drafting, review, coordination, argument and publication of regulations.

Chapter II

Article 6. The People's Government of the District (market) and the relevant sectors of the municipal government (including the High-level Committee for the Development of New Technologies, the Ihama District Commission and the CMAC) are of the view that the next year will require regulations to be submitted to the municipal authorities by 30 November.

Article 7

(i) The content of the regulations is not incompatible with the top law;

(ii) The contents of the regulations are legal, administrative and local legislation with only principled provisions, or the contents of the regulations are specific administrative matters in the city's administrative region and require specific provisions from the municipality;

(iii) The content of regulatory projects has provided reasonable and feasible programmes for the main issues to be addressed and the main systems or measures to be identified;

(iv) The proposed pilots have been proposed and accompanied by clarifications and relevant information.

Article 8. The municipal rule of law institutions should conduct a summary of the application for regulations based on national, provincial and municipal legislation and the overall deployment of the annual work of the municipal government, drawing on the principles of focus, integration, development of a workplan for the annual regulations of the municipal government and post-government meetings. The project in the annual regulations development plans is divided into formal projects and research projects, without research or conditionality, and cannot be included in formal projects.

Citizens, legal persons and other organizations may make proposals for regulations to the municipalities. The municipal rule of law institutions should organize research or transmit relevant sectoral studies. For feasible recommendations, they are made in accordance with the procedure.

There are no regulations that are included in the annual regulations for the development of formal projects, which are no longer developed in principle over the year. In the opinion of the relevant departments or units, regulations are required to submit the relevant materials required for the establishment of the municipal rule of law bodies, which are reviewed, validated by the municipal authorities' rule of law bodies, and are considered necessary for the approval of the Mayor of the municipality or the Deputy Mayor of the State entrusted to it.

Drafting

Article 9. The regulations are drafted by the offices that are requested.

The content of the regulations pertains to a number of sectoral management matters, either by one or several sectors, or by the municipal authorities' rule of law institutions or organizations.

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

The municipal rule of law institutions should guide the drafting of the sector.

Article 10 Drafting regulations should conduct in-depth research, summarize practical experience and widely listen to the views of relevant bodies, organizations and citizens. The hearings can take a variety of written requests, colloquiums, symposia and hearings. The regulations drafted relate directly to the interests of citizens, legal persons or other organizations, where the relevant organs, organizations or citizens have significant differences in their views, should be made public or hold hearings to seek the views of the various communities of society.

Article 11. Drafting regulations should follow the following requirements:

(i) To effectively guarantee the legitimate rights and interests of citizens, legal persons and other organizations, and to provide, in conjunction with their obligations to be performed, ways in which their corresponding rights and guarantees are realized;

(ii) To reflect the principle of harmonization between the functions and responsibilities of the executive organs and, while giving the necessary authority to the relevant executive organs, the conditions, procedures and responsibilities for their exercise;

(iii) Believing the emphasis on sectoral authority and interests from the overall interests of the entire Bureau and the people.

Article 12 The drafting sector should establish a drafting group that would clearly be responsible for completing the drafting mandate in accordance with the plan and for presenting the draft regulations to be delivered. The reasons for the report should be presented to the municipal rule of law institutions.

Drafting of the draft regulations shall be accompanied by a drafting note. The drafting notes should contain the following:

(i) The need for regulations;

(ii) Developing the basis for regulations;

(iii) The main issues to be addressed and the principal systems, measures;

(iv) The feasibility of implementation;

(v) The main issues of the coordination of views and the processing of views;

(vi) Other issues that require clarification.

Review of chapter IV

Article 14.

The draft regulations were sent to one of the following cases, and the municipal rule of law institutions could be suspended or returned to the drafting sector:

(i) The basic conditions for establishing regulations are not ripe;

(ii) The main regime established in the regulations is largely controversial with the main regime established by the superior law or the relevant authorities for the delivery of the draft articles, and the drafting sector has not been consulted with the relevant departments;

(iii) Drafting violates other provisions of this provision.

Article 16 provides for a preliminary review of the draft regulations by the municipal rule of law bodies, as well as for the preparation of a regulatory request.

Article 17 shall seek the views of the relevant sectoral, managerial and legal experts, respectively. The text of the request for advice should be open to the society and the time period for public consultation is less than 10 days.

The security costs required for the request for advice are borne by the regulatory drafting sector.

Article 18

(i) In relation to important matters such as the management system, functional adjustments, the Government was invited to decide;

(ii) Upon enquiry, the relevant departments indicated that they were not contested by the principal heads of the respective departments;

(iii) There is a need for coordination among the municipal authorities to convene coordination meetings;

(iv) There is a need for coordination among the major divergent views, drawing on a coordination meeting between the municipal authorities.

Article 19 provides an overview of all aspects of the Government's rule of law, modifys the text of requests for advice on regulations, forms draft regulations and notes on the draft. The draft regulations should include the need for regulations, the key issues to be addressed and the main systems, measures, and the circumstances of the evidence-based coordination.

Draft regulations and clarifications were signed by the principal heads of the municipal authorities' rule of law bodies to be brought to the consideration of the municipal government's standing meeting.

Decisions and publication of chapter V

In considering the draft regulations, a statement was made by the municipal rule of law institutions.

Following the consideration of the draft regulations, the municipal rule of law institutions should modify the draft regulations in accordance with the deliberations, form a draft revised version of the draft regulations, which may wish to sign the order.

Following the publication of article 22, the Loyal Day shall be published in the full text of Article 5. The municipal government communiqué should be published in a timely manner, with the text of the regulations published as the standard text.

Article 23. However, the publication would not be immediately followed by the application of regulations that could be carried out from the date of publication.

Annex VI

Article 24 provides that the municipal rule of law institutions shall conduct regular inspections of the implementation of the regulations. Inspections include:

(i) Dissemination, implementation of regulations;

(ii) The development of the accompanying system of regulations;

(iii) Effectiveness of regulations.

The responsible sector should be replicated in a timely manner with respect to issues identified in the implementation inspection.

Article 25