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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264207.shtml

Shenzhen Municipal People's Government set regulations and to develop draft regulations procedure

    (April 29, 2010 Shenzhen Municipal People's Government promulgated as of June 1, 2010, No. 218) Chapter I General provisions

    First article for specification Shenzhen City Government (following referred to municipal government) developed regulations and the developed Shenzhen Special economic zone and Shenzhen local regulations draft (following referred to regulations draft) program, improve developed regulations and developed regulations draft work of efficiency, guarantee regulations and regulations draft of quality, according to People's Republic of China legislation method, and regulations developed program Ordinance, and Shenzhen developed regulations Ordinance, legal, and regulations of provides, actual, developed this provides.

    Project of the second rule, the drafting, justification, decisions, the publication of the draft regulations and Government establishment, the drafting of this provision shall be applicable.

    The provisions of article III of the said regulations, refers to the City Government in accordance with the permission and the procedure, normative documents in the form of Municipal Government promulgated and implemented.

    Draft regulations in these rules refers to in accordance with the procedures laid down in the draft, to municipal government motion drew attention to the Shenzhen Municipal People's Congress or its Standing Committee consideration of regulatory documents.

    Fourth rule name includes the "rules", "way", "decisions" and "implementation rules" and "implementation measures" and so on.

    According to the provisions of the laws and regulations of the municipal government, combined with the effective regulations established by the city, called the "implementing rules", "implementing measures" or "rules" and "approach".

    Within the municipal authority as set out in the legal regulations according to the practical needs, called "rules", "way" or "interim provisions", "interim measures".

    Fifth draft regulations and legislation should be structured, coherent, wording is accurate, concise and easy to understand. Content shall apply the provisions of the draft rules and regulations expression, the following can be divided into paragraphs, items, accounts.

    More provisions, can be divided into chapters and sections.

    The ordinal numbers sequentially in Chinese, not numbered, serial number digital bracket order in Chinese, objective number in Arabic numerals.

    Sixth set regulations and to develop draft regulations should be guided by the following principles:

    (A) in accordance with the basic principles of the Constitution and the laws, administrative regulations or provisions, combined with the facts of the city;

    (B) persist in reform and innovation, persist in combining and decision-making;

    (C) adhere to the unity of the Socialist legal system, promoting Socialist democracy, reflecting the will of the people;

    (D) adhere to the principle of openness and fairness, and improve the quality of legislation, enhance maneuverability;

    (E) domestic and foreign experience for reference, scientific, reasonable standard connections.

    Seventh, regulations, legal institution is the development and preparation of draft regulations are the competent departments.

    Legal institutions at the same time as municipal regulations drafting bodies (hereinafter regulations drafted), assume article 14th under the city regulations and draft regulations focus on drafting.

    Municipal Governments shall establish municipal regulations drafting bodies the legislative draftsman's professional and technical training.

    Legal body responsible for the following tasks:

    (A) preparation of the draft regulations and proposed regulations the draft plan and the annual legislative programme, approved by the municipal organization;

    (B) provisions of this article 14th legislative matters, according to the Municipal Government's annual legislative programme arrangements, organizations centrally drafted or entrust the drafting of the draft rules and regulations;

    (C) to review the draft regulations and regulations, coordination and modification;

    (D) clean, interpretation, in accordance with the relevant provisions of the regulations, for the record, as well as published works;

    (E) the published and implemented more than 1 year after the enactment of the regulations to assess;

    (F) other relevant regulations and operational work on the draft regulations.

    Chapter II establishment

    Eighth legal institutions should be before the end of September in each year to the municipal government departments, district governments, and other organizations with public management functions call for next year, the Government rules and regulations legislative proposals, and call for release to the community next year, government regulations and regulations legislative proposal project announcements.

    Municipal Government departments, district governments, and other organizations with public management functions to the municipal rules and regulations should be based on the work of the drafting body in the Government regulations and regulations of the project application.

    Citizens, legal persons and other organizations may appeal to the legal institutions in the Government regulations and regulatory approval applications and proposals.

    Legal agencies according to the needs of social development and government management in Shenzhen, allowed to introduce legislative proposals to make government regulations and legislation projects.

    Project applications should be submitted before October 31 of each year the municipal government legal agencies.

    Nineth submit project of formulating rules and regulations apply, shall include the following:

    (A) the name of the draft regulations and regulations, requires specification of problems;

    (B) development of the necessity and feasibility of the draft regulation or legislation;

    (C) develop legal and policy basis for the draft regulation or legislation;

    (D) make the rules or regulations of schedules and recommendations considered by the Municipal Government of the time.

    Article tenth legal institutions should municipal government departments, the district people's Government and other public administration functions of organizations of citizens, legal persons and other organizations for the development of rules and regulations project summarizes research and initial demonstration, units and individual project applications and as well as the Shenzhen City people's Congress Standing Committee (hereinafter referred to as municipal people's Congress) for communication and coordination, and a written summary project applications.

    Project application legal institutions should be organized and convened a special project to apply for ACC, on summary of project applications are integrated and coordinated in the preceding paragraph, prepare the draft annual legislative work programme of the Shenzhen Municipal People's Government.

    Shenzhen Municipal People's Government draft annual legislative work plan should include the following:

    (A) the name of the draft regulation or legislation;

    (Ii) legislative drafting unit project responsibility;

    (C) consideration of the plans submitted to the City Government.

    11th legal institutions should draft annual legislative programme by the Municipal Government of Shenzhen Municipal Web site, legal institutions and seek the views of citizens, legal persons and other organizations.

    Legal institutions should be consulted in writing on the draft annual legislative plans of the Shenzhen Municipal People's Government municipal people's Congress.

    Legal institutions should citizens, legal persons and other organizations summarizing research coordination and of the opinion of the Standing Committee, opinions shall state the reason to the inadmissible and, together with Shenzhen Municipal People's Government together with the draft legislative programme for the year reported to the Standing Committee of the Municipal Government to discuss.

    12th legal bodies should be under the people's Government of Shenzhen before December 15 of each year, a draft annual legislative plans reported to the municipality, and approved before implementation.

    Legal institutions should be at the Executive meeting for discussion and adoption of the Municipal Government of Shenzhen Municipal People's Government, the annual legislative programme (hereinafter referred to as the annual legislative programme) date in the 20th, through the city site and published on the website of legal institutions, and citizens, legal persons and other organizations agree to feedback.

    13th city leadership on implementation of the annual legislative programme should be strengthened. Implementation in the annual legislation plan, approved by the municipal government, can be adjusted according to the actual situation.

    The proposed legislation should be in accordance with the provisions of the present article Nineth application project.

    Procedures pursuant to the provisions of the Municipal Government to adjust the annual legislation plan, legal institutions should be announced and justified by legal Web sites.

    Chapter drafting

    14th legislative projects relating to a situation where, should be drafted by the municipal regulations and institutions are centrally drafted:

    (A) related to common administrative acts;

    (B) more than one Department requires or clearly competent authorities;

    (C) specification of public management functions of the Department or the Organization's internal management;

    (D) emergency matters;

    (V) assigned by the municipal government, or any other need to focus on drafting.

    After the 15th annual legislative plans to release, responsibility for drafting the draft rules and regulations shall determine the project owner, drafters and the programme of work, according to the drafting of the plan requires organizational rules and regulations.

    Draft regulations and legislation drafted by city regulations and draft agency set, submit a project application unit or individual should be released in the annual legislative programme submitted to the urban regulations drafted in the 30th after body focus points of legislation drafting projects, legal agencies, except in respect of legislative projects.

    Legislation should complete the legislation on matters related to the project, including the following:

    (A) legislation and background information related to the project;

    (B) the need to address the causes of the problems and situation analysis, the main objectives of the legislation;

    (C) in order to achieve the legislative goals of main systems to be taken, management measures, countermeasures and its social impact and feasibility analysis;

    (D) the application of the regulation or regulations require staffing, funding, collaboration, and other conditions of analysis;

    (E) develop legal and policy basis for the draft regulation or legislation, regulations or draft laws and existing laws, regulations, regulatory convergence and the regulations or the regulations concerning major issues of the draft investigation report;

    (Vi) any known in practice or in law may have difficulties that may affect the judgment of cases or legal advice of the legislative text;

    (VII) that provision must be set out in legislation.

    Units or individuals to submit legislation without attached to legislative documents.

    Drafted 16th of municipal regulations and institutions should be based on the annual legislative programme is responsible for the assignment of legislative drafters drafting specific legislative projects, and to develop legislative drafting schedules.
Responsible for the drafting of specific legislation drafters should be according to the project application, through legislation, survey, questionnaire, including a comprehensive collection of legislation and related information, and knowing; should be strengthened and the legislative project applicant or personal contact and communication, obtain general information, to understand the legislative projects of key and difficult problems in and.

    For highly specialized legislative projects, municipal regulations drafting body drafting tender commissioned professional bodies can be taken.

    Article 17th was identified as a central legislative drafting project applications submitted by municipal government departments, district people's Government and other public management functions of the Organization shall cooperate with the legislative draftsman's work, is responsible for the following tasks:

    (A) the assignment is familiar with the task force on field operations personnel involved in the drafting of the legislation;

    (B) under legislative drafting requirements, provide legislative data needed for the project in a timely manner;

    (C) drafting joint legislation, regulations, and regulations research and feasibility studies;

    (D) according to the needs in legislative drafting, owners should participate in city regulations and legislation drafting bodies to hold seminars, responses legislative draftsman asks;

    (E) assist the municipal regulations and drafting of organization legislative coordination, feasibility study meeting, hearing. 18th draft regulations and regulations, responsibilities or involving other government departments worked closely with other departments, responsibility for drafting the draft rules and regulations should be fully seeking the views of other departments.

    Departments have different views, should be fully consulted after adequate consultations cannot agree, you should submit the draft regulation or legislation, to explain the situation and reason.

    Responsibility for drafting the draft rules and regulations shall be consulted in writing rules and regulations of the administrative work involved and the views of other interested parties, and should be timely feedback from the above comments, comments on the inadmissible shall also state the reasons.

    19th legal institutions should be in the relevant departments and other units on the implementation of the annual legislative programme inspections, supervision, guidance and coordination, and responsible for the completion of the mandate review and drafting the task they have undertaken.

    Article 20th responsibility drafting units not scheduled to finish drafting the task, shall write a written report, explain the reasons, by legal institutions for disposal after the Government decision.

    21st legal institutions should be in January each year summarizing implementation of the annual legislative programme for the previous year and reporting municipal government.

    22nd responsibility for drafting unit at the time of submission of draft regulations and regulations, should be submitted simultaneously to the drafting instructions.

    Preparation of notes include the following:

    (A) drafting the basic passing by,

    (B) the necessity and feasibility of making regulations or legislation;

    (C) the main contents of the draft and its basis;

    (D) other issues of note.

    23rd regulations and law drafting work is completed, signed by the chief responsibility for drafting unit, legal agencies, submitted for review.

    Draft submissions and draft regulations draft regulations should be submitted to regulations or draft laws, draft instructions, seek the advice and adopt conditions, coordination, drafted on the basis of the information and attached.

    The fourth chapter reviews and modifications

    24th legal institutions should be regulations and draft regulations review, coordination and revision of the following issues:

    (A) compliance with the basic principles of the Constitution and the laws, administrative regulations or provisions;

    (B) whether it helps establish and perfect the Socialist market economic legal system, whether it helps administration;

    (C) the adequacy of the necessity of legislation, plans to take major measures and to be determined by the main system feasibility and maneuverability;

    (D) coordination with the existing rules and regulations of Shenzhen Municipality, cohesion, need to change the existing provisions of the regulations and rules, on the grounds and according to whether the full;

    (E) the relevant government departments, citizens, legal persons and other organizations, whether there are different views on the main elements of the draft, of these different views of how to deal with;

    (Vi) compliance with legislative requirements.

    25th draft legal bodies to review and modify regulations and regulations, shall conduct investigation, extensive consultations with the relevant administrative authorities, management people and the views of various sectors of the community, and related rules and regulations in the draft prepared by the major issues and other controversial issues to demonstrate.

    Article 26th city government legal agencies responsibility for drafting units should be submitted to regulations and draft regulations by legal Web site or within the administrative area of the city has a certain influence of media to society announcements, for public comment, for a period not less than 30th.

    Notice should include the following:

    (A) background information prepared by the regulation or legislation, regulations or regulations the purpose, necessity and feasibility;

    (B) the comment start and end times;

    (C) the ways of public opinion;

    (D) the exposure draft text or the means of public access to draft the text;

    (E) contact;

    (F) correspondence address, phone number, fax and email. Legal institutions should be public opinion to give feedback in a timely manner, on the inadmissible shall also state the reasons.

    Feedback on the public opinion should be released through legal Web sites.

    27th legal institutions rules and regulations is intended to solve the main problem, and the main measures proposed to be taken to establish the main system, convening of the seminar attended by representatives of the public and project applicants.

    Legal institutions should be 5 working days before the seminar, there will be a meeting time, location and main topics in the form of announcement to the public.

    Legal Office shall within 5 working days of the symposium held, according to meeting notes making Symposium Conference record, and through the legal Web sites open to the public.

    28th legal institutions should organize the experts rules and regulations drafted in the disputed policy or technical feasibility study meeting held.

    Legal institutions should be within 5 working days after the end of the argument, according to a written report demonstrated, to participate in feasibility study meeting after the signature is confirmed, and through the legal Web site to the public.

    29th draft rules and regulations in any of the following circumstances, legal institutions should hold legislative hearings:

    (A) have a significant impact on the city's economic and social development;

    (B) have a significant impact on the vital interests of the masses;

    (C) there are significant differences of opinion;

    (D) the need to solicit opinions extensively.

    30th legislative hearings follow the principles of fairness, openness, justice, convenience, guarantee equal and effective participation of the relative legislation.

    Legislative hearings held the specific measures shall be formulated separately by the City Government.

    31st article content does not comply with the provisions of the draft regulation and legislation demands or legislative technique has a great defect, legal institutions should seek from the responsible drafting units according to the provisions requiring a new drafting or modifying.

    Article 32nd legal agencies in the review, the process of modifying the rules and regulations of, the relevant government departments should actively assist in investigation of legal organizations, and provides information on the archives and other necessary conditions.

    33rd draft rules and regulations in any of the following circumstances, legal institutions should adopt legal Web site or within the administrative area of the city has a certain influence of media to society announcements, once again for public comment, for a period not less than 30th:

    (A) have a significant impact on the city's economic and social development;

    (B) relates to the substantial interests of citizens, legal persons and other organizations;

    (C) draft content changed after the last comment. No unit or individual shall have the right to rule and comments on the draft regulations.

    Legal institutions should seriously the views collated and studied in the review and modification as a reference, and as the attention of the Municipal Government to consider material submitted.

    Article 34th with relevant government departments and other institutions exercising executive powers of government regulation and have different views on the content of the draft regulations, legal institutions should be coordinated through coordination, still have different views on major issues in the draft, municipal regulations drafting bodies shall give an explanation after the Government decision.

    35th legal draft rules and regulations, the Agency reviewed, revised, rules or regulations and the accompanying draft, should be consulted and the adoption of views, coordination and other materials in accordance with the regulations submitted for consideration.

    Preparation of notes include the following:

    (A) drafting the basic passing by,

    (B) the necessity and feasibility of making regulations or legislation;

    (C) the main contents of the draft and its basis;

    (D) other issues of note.

    Article 36th rules and regulations upon completion of the drafting, review and revision, drafted organs signed by municipal regulations and submitted to the Government for consideration.

    The fifth chapter of the validation and release

    37th draft rules and regulations by the City Executive meeting or plenary meeting for discussion and decision.

    38th legal institutions should be made to the drafting instructions, for consideration by the Executive or members of the plenary session of the municipal government.

    Attending the meeting of relevant government departments, the district head of Government can represent the views, but it should be consistent with the views of the written replies.

    Responsible for drafting the regulation or legislation, the legislative drafting charge and legal institutions in charge of response to enquiries.

    After the 39th Executive meeting of the municipal government or the plenary, commissioned by the mayor or the Chair of the Deputy Mayor has decided to pass.

    Approved in principle, need to be under consideration are changing the rules and regulations, organized by the legal bodies responsible for modifications, reported to the Mayor for approval.

    Draft regulations on 40th Executive meeting or after the plenary session examined and adopted by the municipal government, signed by the Mayor, the Municipal Government published.
After the rules signed by the Mayor should be published in the Bulletin of Shenzhen Municipal People's Government, and in Shenzhen, the Shenzhen Special Zone daily, the business newspaper published the full text.

    41st Executive meeting of the draft regulations by the municipal government, or after the adoption of the plenary, signed by the Mayor, the municipal government motion drew attention to the municipal people's Congress or its Standing Committee for consideration.

    42nd rule execution time should be set out in regulations, rules and execution time interval less than 30th.

    Motion signed by the Mayor, the municipal government and drew attention to the draft regulations the municipal people's Congress or its Standing Committee for consideration, the municipal government departments, the district people's Government and other public management functions of the Organization and its staff members have different opinions about the motion, who has been the municipal government coordination and decision, and shall be made on behalf of the unit against the content of the draft regulation.

    After the sixth chapter for record and legislation assessment

    Article 43rd regulations after the publication, shall be published in the 30th by the municipality to the State Council for the record, while Guangdong provincial people's Congress Standing Committee of Shenzhen Municipal People's Congress and the Standing Committee of Guangdong provincial people's Government for the record. 44th legal institutions and regulatory organ is assessed after the legislative bodies.

    Legal bodies shall, together with the regulations of the organ in accordance with economic and social development needs, the legislative work required, government departments, the public, as well as relevant provisions such as the development of regulations after the legislative assessment of annual plans and reported to the municipality for approval. Regulations implementation of the annual plan for the authority, based on regulatory legislation should be assessed after legislation in conjunction with the legal authority to assess implementation of the program.

    Assessment authority, shall, in accordance with legislation assessment implementation programmes, assessment of the legislation. Assessment authority may authorize institutions of higher learning, scientific research agency regulations or social groups assessed thereafter.

    Entrusted with the authority shall meet the following conditions:

    (A) has a certain amount of familiarity with the legislative, Executive and master the personnel assessment methods and techniques;

    (B) the relevant personnel involved in the evaluation of time can be guaranteed;

    (C) assessment of necessary equipment and facilities.

    Guided by the principal organs shall be entrusted to authorities, monitoring, assessments on behalf of the principal organs shall not delegate out the assessment work to any other institution or individual.

    Article 45th assessment body shall, in accordance with regulations of the legislative purpose and objectives, and the objective requirements of national economic and social development, implementation of government regulations, legislation and legislative technique to assess the performance.

    Article 46th assessment authorities should use law, economy, management, statistics and social analysis methods, reported through the hearing organ, the convening of seminars or expert meetings, field trips, expert advice, research, surveys, media, public comments, such as, understanding and mastering the rules of implementation.

    Assessment authority deems it necessary, a hearing can be used in order to understand and master the rules of implementation. Assessment of the 47th legislation should be completed within 6 months.

    Shall be made after the assessment is completed after the legislative assessment.

    Legislative assessment report should include the following elements:

    (A) assessment of work performance;

    (B) implementation of performance analysis, system design and evaluation;

    (C) consultation and adoption;

    (D) evaluation of the implementation of regulations, as well as recommendations to improve and perfect;

    (E) the other conclusions and recommendations of the assessment.

    48th legislative assessment report concluded that regulations need to be modified or repealed, primary responsibility for drafting unit organization shall, in accordance with legal procedures to modify or draw attention to abolition.

    Assessment reports make recommendations for improvement of the implementation of government regulations, related administrative law enforcement organs should take steps to be implemented.

    The seventh chapter by-laws

    49th regulations compiled by legal organizations publishing; regulations compilation of translations, legal organization translated and approved by the municipal government.

    50th rule changes and the procedure for amendments to existing regulations, reference to the provisions of the relevant provisions. 51st article of the regulations come into force on June 1, 2010. Released on August 16, 1997, the people's Government of Shenzhen development of Shenzhen Special economic zone regulation and the development of the Shenzhen Special economic zone legislation draft regulations (municipal government, 64th) repealed simultaneously.