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Shenzhen Municipal People's Government Set Regulations And To Develop Draft Regulations Procedure

Original Language Title: 深圳市人民政府制定规章和拟定法规草案程序规定

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The Government of the Shenzhen City has developed regulations and draft regulations.

(Act No. 218 of 29 April 2010 of the People's Government Order No. 218 of 29 April 2010)

Chapter I General

Article 1 establishes regulations and draft local legislation (hereinafter referred to as draft legislation) procedures for regulating the Government of the Shenzhen People (hereinafter referred to as the municipality of the Republic of China) and for the preparation of the draft regulations and regulations (hereinafter referred to as draft legislation) to enhance the efficiency of the development of regulations and the preparation of draft legislation, to ensure the quality of the draft regulations and regulations, in accordance with the provisions of the legislation of the People's Republic of China, regulations and regulations, the regulations governing the enactment of regulations in the city of Shenzhens.

Article 2 quater, drafting, adjudication, decision, publication and draft government legislation, drafting the application of this provision.

Article 3. The regulations set out in this Article refer to normative documents issued by the municipal authorities in accordance with their competence and procedures under this provision.

The draft legislation referred to in this provision refers to the drafting of the procedure under this provision to bring to the General Assembly or the Commission's Standing Committee normative documents in the form of a municipal government bill.

Article IV contains the terms “the provision”, “The approach”, “Decides”, “Implementation of the Rules” and “implementation”.

The municipality, in accordance with the provisions of the law, legislation and regulations, is in line with the actual regulations established in this city, stating that “the application of the rules”, the means of implementation” or “the means”.

In accordance with the rules established by the law, the municipal authorities, in accordance with their own regulations, “the provision”, the approach” or “provisional provisions”, “provisional approaches”.

The draft regulations and regulations should be structured so as to be clear that the words are accurate, concise and understandable.

The content of the draft regulations and regulations should be interpreted in the form of the provisions, which may be subsectiond, subparagraphs and subscriptions. More provisions can be divided, sections.

The number of Chinese figures in the order of the article is presented on the basis of the divergent statements, the number of Chinese figures in the order is shown in the table below.

Draft regulations and regulations should be developed in accordance with the following principles:

(i) Be guided by the fundamental principles of the Constitution and the laws, administrative regulations or regulations, in the light of the actuality of the city;

(ii) Maintaining innovation and upholding a combination of reform decisions;

(iii) To uphold the unity of the socialist rule and to promote socialist democracy and reflect the will of the people;

(iv) To uphold the principle of public justice and improve the quality of legislation and to enhance operationality;

(v) Science, reasonable regulation of social relations, drawing on national and international legislative experience.

Article 7. The municipal rule of law body is the competent authority for the preparation and preparation of draft regulations in this city.

The municipal rule of law institutions are also the drafting body for municipal government regulations and regulations (hereinafter referred to as the drafting body for municipal regulations) and assume that the draft municipal regulations and regulations set out in article 14 of this provision are focused on drafting.

The municipality should establish a professional technical training mechanism for the drafting of the legislation of institutions.

The municipal authorities are responsible for the following:

(i) Preparation of draft planning and annual legislative plans for the preparation of draft regulations and the preparation of draft legislation, with the approval of the municipality;

(ii) To organize or commission the drafting of draft regulations and regulations in accordance with arrangements for the annual legislative plan of the municipal government;

(iii) Review, coordination and modification of draft regulations and regulations;

(iv) Clearing, interpreting, filing and publication of regulations in accordance with the relevant provisions;

(v) Post-legislative assessments of the issuance and implementation of regulations over one year;

(vi) Operational work on draft regulations and regulations.

Chapter II

Article 8. The municipal rule of law institutions should collect the next annual government regulations and legislative recommendations to all sectors of the city by the end of September, the Governments of all sectors of the region and other organizations with public management functions, as well as to publicize the next annual government regulations and legislative recommendations to society.

The municipalities, the Governments of the various sectors and other organizations with public management functions should submit to the drafting bodies of the municipal regulations and regulations the application for the development of government regulations and regulations in accordance with their work.

Citizens, legal persons and other organizations may submit applications and legislative recommendations to municipal authorities for the development of government regulations and regulations.

The municipal rule of law institutions, in accordance with the need for social development and government management in the city of Shenzhen, could propose, on their own, legislative recommendations for the development of government regulations and regulations.

The application shall be communicated to the municipal authorities by 31 October each year.

Article 9 Applications for issuance of regulations and regulations should include the following:

(i) The name of the draft regulations, the main issues requiring regulation;

(ii) The need for and feasibility for the development of the regulations or draft legislation;

(iii) The legal and policy basis for the development of such regulations or draft legislation;

(iv) Times for the preparation of the regulations or draft regulations and for consideration by the municipal government.

Article 10. The municipal rule of law institutions shall communicate the application of regulations and regulations submitted by the various branches of the municipality, the Governments of the various districts, other organizations with public management functions, as well as civil, legal and other organizations, with units and individuals requesting applications and the Standing Committee of the People's Congress (hereinafter referred to as the Standing Committee of the Municipalities) and provide a written summary of applications.

The municipal rule of law institutions should organize a dedicated request coordination meeting between units and individuals that have submitted applications, to coordinate the application summarized in the previous paragraph and to prepare a draft annual legislative workplan for the Government of the Shenzhen.

The draft annual legislative work plan of the Government of the people of Johannesburg should include the following:

(i) The name of the draft regulations or regulations;

(ii) Drafting units for project responsibility in the legislative plan;

(iii) The time taken for consideration by the municipality.

Article 11. The municipal rule of law institutions should seek the views of citizens, legal persons and other organizations through the draft annual legislative plan of the Government of the Shenzhen City, through the municipal government website, the municipal rule of law institutions website.

The municipal rule of law institutions should seek the views of the Standing Committee of Municipalities in writing of the draft annual legislative plan of the Government of Shenzhen.

The municipal rule of law institutions should coordinate a summary of the views of citizens, legal persons and other organizations, as well as the Standing Committee of the Municipalities, which should explain the reasons for non-recognition and, in conjunction with the draft annual legislative plan of the Government of Shenzhen.

Article 12

The municipal rule of law institutions should be officially discussed at the Standing Committee of the Municipal Government, within 20 days from the date of the adoption of the annual legislative plan of the People's Government of Shenzhen (hereinafter referred to as the annual legislative plan) and the publication of the municipal government website and the municipal government rule of law institutions website and feedback on the harmonization of views among citizens, legal persons and other organizations.

Article 13 states should strengthen their leadership in implementing the annual legislative plan.

The annual legislative plan is being implemented with the approval of the municipal government and can be adjusted on the basis of the facts. The proposed additional legislative project shall apply in accordance with article 9 of this article.

In accordance with the prescribed procedures, the municipal authorities should make the annual legislative plan publicly available and justified through the municipal authorities' websites.

Drafting

Article 14. Legislative projects involving:

(i) Related to common administrative acts;

(ii) Several sectoral work needs or authorities are unclear;

(iii) The internal administration of departments or organizations that regulate public management functions;

(iv) Related to emergency matters;

(v) The Government of the city or other needs to be assembled.

Following the publication of the annual legislative plan, the Drafting Unit of Responsibility for Regulations and Rules should identify project heads, draft staff and work programmes, and organize the drafting of regulations and regulations as planned.

The draft regulations and regulations are centrally drafted by the municipal regulatory and regulatory drafting body, with the exception of the legislative items proposed by the municipal rule of law institutions themselves.

Legislative elements should provide a comprehensive picture of the relevant legislative project matters, including the following:

(i) Background information relevant to legislative projects;

(ii) The main issues that need to be addressed and the reasons and circumstances of their existence, and the main objectives of legislation;

(iii) Major systems, management measures, responses and their social impacts and operational analysis to meet legislative objectives;

(iv) Preliminary analysis of persons, funds, sectoral collaboration and other conditions required for the implementation of the regulations or regulations;

(v) Develop a legal and policy basis for the regulation or draft legislation, or a draft regulations or regulations interface with existing laws, regulations, regulations and regulations, as well as an analytical report on major issues covered by the draft regulations or regulations;

(vi) Any known difficulties in practice or in law, as well as cases of judgement or legal opinions that may affect legislation;

(vii) Consider that provisions must be specified in legislation.

The relevant units or individuals submit legislative points without having to accompany the legislative provisions.

Article 16 The drafting body of municipal legislation regulations should assign legislative drafters to the drafting of specific legislative projects in accordance with the annual legislative plan and develop legislative drafting arrangements for progress.

Drafters responsible for the drafting of specific legislative projects should fully collect legislative and relevant information, including through legislative research, questionnaire surveys, on the basis of their application, on the basis of a request for information on the actual situation, and should strengthen contacts and communication with legislative project requests units or individuals, receive briefings, focus on, difficulties and key issues.

For more specialized legislative projects, the drafting body of municipal regulations may entrust specialized agencies with the drafting of tenders.

Article 17 states that all sectors of the municipal government that have been identified as requiring a centralized drafting of legislative projects, the Governments of the various sectors and other organizations with public management functions should be actively aligned with the work of the legislative drafting body, with the following tasks:

(i) To assign specialized personnel familiar with operations in this field to participate in the drafting of legislative projects;

(ii) Provision of information required for legislative projects in a timely manner, in accordance with legislative drafting requirements;

(iii) Jointly with the drafting body of municipal regulations and regulations on the organization of legislative research and evidence;

(iv) In accordance with legislative drafting needs, the heads of units shall participate in the legislative colloquium convened by the drafting body of municipal regulations to respond to queries from legislators;

(v) To assist in the preparation of municipal legislation and regulations to organize legislative coordination meetings, seminars and hearings.

Draft regulations and regulations, relating to the responsibilities of other branches of government or in close relationship with other sectors, should be fully consulted by the Drafting Group of responsibilities for draft regulations and regulations. There are differing views and should be fully consulted; the situation and the reasons should be explained when the draft regulations or regulations are sent to full consultation.

The draft responsibilities for regulations and regulations should be informed in writing of the views of the relative executives and other stakeholders involved in regulations and regulations, and should provide timely feedback on the above-mentioned observations and the reasons for the non-recognition.

Article 19 The municipal rule of law institutions shall inspect, promote, direct and coordinate the implementation of the annual legislative plan by the relevant departments and other relevant units, and shall be responsible for the completion of the review mandate and the drafting tasks undertaken.

Article 20 does not complete the drafting mandate as planned, and written reports should be written on the reasons for the post-community government decision of the municipal authorities to deal with comments.

Article 21 The municipal rule of law institutions should summarize and report on the implementation of the previous annual legislative plan in January.

Drafting notes should be submitted at the same time when the responsibility drafting cell is submitting draft regulations and regulations.

The drafting note includes the following:

(i) The basic history of drafting;

(ii) The need and feasibility of establishing regulations or regulations;

(iii) The main elements of the draft and their basis;

(iv) Other issues requiring clarification.

Following the completion of the drafting of regulations and regulations, a review was carried out by the principal responsibilities drafting units to the municipal rule of law institutions.

Drafting units should submit draft regulations or legislation drafting draft texts, drafting notes, solicitation and adoption of views, coordination and accompanying information on the basis of the drafting.

Chapter IV Review and modification

Article 24 shall review, coordinate and amend the following issues in the draft regulations and regulations:

(i) Be in conformity with the fundamental principles of constitutional provisions and laws, administrative regulations or regulations;

(ii) Whether the economic legal system of the socialist market is conducive to the administration;

(iii) The need for legislation is sufficient, whether the main measures to be taken and whether the main system to be identified is feasible and operational;

(iv) Whether there is a need to change existing regulations and regulations in coordination and alignment with the existing regulations and regulations in the city of Chhens, and whether there is sufficient grounds and basis;

(v) Whether the Government concerned, citizens, legal persons and other organizations have different views on the main elements of the draft and how these differing views are addressed;

(vi) In compliance with legislative technical requirements.

Article 25 Review, modifying regulations and draft legislation by the municipal rule of law institutions, studies should be carried out to widely consult the relevant executive authorities, manage comparatives and all aspects of society, and to provide evidence on the important issues and other issues that have been developed in the draft regulations and regulations.

Article 26 The municipal rule of law institutions should issue the draft regulations and regulations that are sent by the responsibilities drafting units to society through the website of the municipal rule of law institutions or through media that have a certain impact within the city's administration to seek public advice without less than 30 days.

The announcement should include the following:

(i) Background information, regulations or regulations drafted by regulations or regulations, the purpose, necessity and feasibility of legislation;

(ii) The time to seek the opinion;

(iii) Means of public submission;

(iv) The full text of the request for comments or the general public's access to the full text of the solicitation;

(v) The contact sector;

(vi) Letter address, contact telephone, fax and e-mail.

The municipal rule of law institutions should provide timely feedback on public opinion and the reasons for the non-recognition. Feedbacks to public opinion should be made available through the website of the State Rule of Law Institutions.

Article 27 of the municipal rule of law institutions may convene a colloquium attended by public representatives and petitioners on the main issues to be addressed in regulations, regulations, the main measures to be taken and the main systems to be established.

The municipal rule of law institutions should be made public in the form of a public declaration by holding five working days of the symposium.

The municipal rule of law institutions should document the record of the collation of the collation of the proceedings within five working days after the symposium and be made public to society through the website of the municipal rule of law institutions.

Article 28 of the municipal rule of law should organize an expert's debate on the policy of controversy in the drafting of legislation, regulations or professional technical issues.

The municipal rule of law institutions should make a written report in accordance with the evidence-based circumstances within five working days after the conclusion of the hearings, and, after confirmation by the President of the participants, be made available to society through the website of the municipal rule of law institutions.

The draft regulations and regulations contain one of the following cases, and the municipal authorities should hold legislative hearings:

(i) Significant impact on the economic and social development of the city;

(ii) A significant impact on the public interest of the general population;

(iii) There are significant differences of opinion;

(iv) Other needs to be heard widely.

Article 33 of the legislation hearings are guided by the principles of equity, openness, justice and the right of the public to guarantee equal and effective participation of the relative.

Specific approaches to the convening of legislative hearings were developed by the municipal authorities.

The content of draft regulations and regulations is not in line with the requirements of this provision or with the significant flaws in the legislative technology, and the municipal rule of law institutions should request the responsibility drafting units to reorganize the drafting or modification as required by this provision.

In reviewing, modifying regulations and draft legislation, the relevant government departments should actively assist the municipal authorities in organizing research and providing information on archives and other necessary conditions.

The draft regulations and regulations contain one of the following cases, and the municipal rule of law institutions should issue a public opinion once again through the municipal government rule of law agency website or media with some influence within the city's administration, without less than 30 days:

(i) Significant impact on the economic and social development of the city;

(ii) Significant rights and interests of citizens, legal persons and other organizations;

(iii) The content of the draft was a major change after the previous request.

Each unit and individual shall be entitled to comment on the content of the draft regulations and regulations. The municipal rule of law institutions should carefully collate and study the views and serve as a reference to the review and modification and as a material to be considered by the municipality.

Article 34, concerning different views on the content of the draft regulations and regulations and other bodies exercising government administration, should be coordinated by the municipal rule of law institutions; after coordination, there were different views on key issues in the draft, and the municipal regulatory and regulatory drafting body should make a presentation on the post-community government decisions.

Article XV of the municipal rule of law institutions shall, after review and amendment of the draft regulations and regulations, communicate the texts of regulations or regulations and their statements, seek and adopt opinions, and coordinate information, as required.

The drafting note includes the following:

(i) The basic history of drafting;

(ii) The need and feasibility of establishing regulations or regulations;

(iii) The main elements of the draft and their basis;

(iv) Other issues requiring clarification.

Following the completion of the drafting, review and revision of regulations and regulations, the main holder of the drafting body of municipal regulations signed the report to the municipal government for consideration.

Chapter V

Article 37, draft regulations, regulations and regulations are discussed by the Standing Committee of the Municipal Government or by the plenary.

Article 338 The rule of law institutions of the municipality should provide a drafting note to be considered by the Standing Committee of the Municipal Government or composed of the plenary.

The relevant government departments, heads of district governments may make observations on behalf of this unit, but shall be consistent with the observations of the Unit's written replies.

The draft legislation governing the drafting of regulations or draft legislation is to be drafted by the holder and the relevant heads of the municipal rule of law institutions.

After the deliberations of the Standing Committee of the Municipal Government or the plenary, the Mayor or the Deputy Mayor, whose President is entrusted, shall decide whether to adopt it.

The principles were adopted and the draft regulations and regulations, which were to be amended in accordance with the deliberations of the Conference, were to be submitted to the Mayor for approval by the municipal authorities responsible for organizing amendments.

The draft regulations were issued by the Mayor's signing of the municipal order, after the adoption of the municipal council or the plenary.

The regulations shall be issued in the Official Journal of the People's Government of Shenzhen, which was signed by the Mayor, and are reproduced in the full text of the Shenzhent and the Shenzhen.

The draft legislation, which was adopted by the Standing Committee of the Municipal Government or by the plenary, was brought to the General Assembly or its Standing Committee by the Mayor's signing of the municipal bill.

Specific time for the implementation of Article 42 shall be set out in the regulations and the time between publication and implementation is less than 30 days.

The draft legislation, which was signed by the Mayor and brought to the attention of the General Assembly or its Standing Committee, has differed views on the bill by all sectors of the city, the Governments of the various sectors of the region and other organizations with public management functions and their staff, who have been coordinated and decided by the municipal authorities and shall not make observations in the name of the unit incompatible with the content of the draft legislation.

Chapter VI

Article 43 should be published within 30 days of the date of publication by the Municipal Government to submit a request by the State Department of State, together with the Permanent Committee of the People's Representatives of the General Assembly, the Permanent Committee of the People's Republic of Shenzhen, the Standing Committee of the General Assembly and the People's Government of the Province.

Article 44 governs the implementation of the rule of law institutions and regulations of the municipality as a legislative post-assessment body. The municipal rule of law institutions should report on the implementation of the annual legislative post-assessment plan with the executive organs of the regulations, in accordance with economic and social development needs, legislative work needs, government advice, public opinion and relevant provisions.

The executive organs of the regulations shall assess implementation programmes in accordance with the regulations and subsequent legislation of the annual plan with the municipal authorities' rule of law institutions. The evaluation body should assess the legislative post-implementation evaluation of the implementation programme in accordance with legislation.

The assessment body may entrust higher education institutions, scientific institutions or social groups with a legislative post-regulation assessment. The competent organ shall have the following conditions:

(i) A certain number of persons familiar with administrative legislation, administrative affairs and the technical knowledge of assessment methods;

(ii) The time for the participation of the relevant personnel in the assessment is guaranteed;

(iii) There is the necessary equipment, facilities for conducting evaluation.

The delegated authority shall be guided, supervised by the competent organ to conduct an assessment in the name of the organ entrusted and shall not entrust the assessment to any other organ or individual.

Article 42 shall assess the performance, legislative content and legislative technology of government regulations, in accordance with the legislative purposes and legislative purposes of the regulations and in conjunction with objective requirements for national economic and social development.

Article 46 shall incorporate into practice, inter alia, legal, economic, management, statistical and social analysis, to understand and control the implementation of regulations, including through the hearing of executive bodies to report, convene colloquiums or expert opinions, field missions, expert advice, thematic studies, questionnaire surveys, media public consultation.

The assessment body considers that, where necessary, the manner in which the hearings are held can be conducted in order to understand and control the implementation of the regulations.

Article 47 should be completed within six months. Post-legislative assessment reports should be produced after the evaluation is completed.

Post-legislative assessment reports should include the following:

(i) Assessment;

(ii) Assessment content analysis, such as performance, system design;

(iii) To seek and adopt views;

(iv) Evaluation of implementation of regulations and recommendations for improvement and improvement;

(v) Other conclusions and recommendations assessed.

Article 48 Post-legislative assessment reports argue that the regulations need to be amended or repealed, and that the drafting units of the former responsibility should be amended or removed in accordance with the statutory procedures.

The assessment report makes recommendations for improvement in the implementation of government regulations, and the relevant administrative law enforcement agencies should take measures to implement them.

Chapter VII

Article 49 compiles the regulations with the organization of the municipal authorities' rule of law bodies; the external translations compiled by the regulations are organized by the municipal rule of law institutions.

Article 50 Amendments to regulations and procedures for the formulation of amendments to existing legislation shall be implemented in accordance with the relevant provisions of this provision.

Article 50 of this provision is implemented effective 1 June 2010. The Government of the People's Government of the Shenzhensan issued on 16 August 1997 established the regulations of the Shenzhen Economic Zone and the draft regulations for the Shenzhen Economic Special Zone (No. 64 of the Municipal Government Order).