(Adopted by the 17th ordinary meeting of the People's Government of the State of Hygiene on 31 December 2009)

Chapter I General

Article 1, in order to regulate the development of government regulations and the preparation of draft local legislation procedures, ensure the quality of government regulations and local legislation, and develop this provision in line with the National People's Legislative Act, the Regulations and Rules, and the State Department's Comprehensive Promotion of the Implementation of the Law.

Article 2 states that the Government's regulations refer to the generally binding normative document established in accordance with the legislative process, in accordance with the relevant legal, administrative and local regulations, in accordance with the realities and needs of the city's political, economic, cultural and social development.

The draft local legislation referred to in this provision refers to the draft generally binding normative document prepared by the Government of the city on behalf of the General Assembly or its Standing Committee, in accordance with the realities and needs of the political, economic, cultural and social development of the city, in accordance with different laws, administrative regulations, local legislation of the province.

The name of the Government's regulations is divided according to the following provisions:

(i) To make a comprehensive and systematic provision for administrative work in a particular area, as “the provision”;

(ii) A more specific provision for a particular administrative work, referred to as “the approach”;

(iii) Specific provisions for the implementation of laws, administrative regulations or local legislation, stating that “implementation rules” or “implementation methods”;

The name of the draft local legislation, in addition to the law, the executive rules or means of implementation, is “regulations”.

The following matters may be established by the Government:

(i) Specific provisions are required for the implementation of the relevant laws, regulations and regulations;

(ii) In order to implement the local legislation of the city, the Government of the city is required to develop the rules or means of implementation;

(iii) The development of local legislation, which is not mature, requires the enactment of government regulations;

(iv) Specific administrative matters that fall within the city's administrative region;

(v) Adjustments to the activities of the administrative organs themselves require the development of government regulations.

Draft local legislation may be developed on the following matters:

(i) To ensure that laws, administrative regulations or local legislation in the province are implemented in this city, it is necessary that the Assembly or its Standing Committee complement or make specific provisions;

(ii) In accordance with the prevailing circumstances in the city, new entity rights or obligations are required;

(iii) The deepening of institutional reforms, the establishment of a socialist market economic system, and the need to regulate local legislation;

(iv) Expansion of external openness, introduction of foreign investment, advanced technology and management experience, and the need for local legislation to be safeguarded;

(v) Significant matters relating to the economic and social development of the city require the development of local legislation;

(vi) There is a need for judicial protection.

Article 6

(i) Preparation of governmental regulations and draft local legislation plans and organization of implementation;

(ii) To organize or preside over the drafting of draft regulations and local legislation that are broader and involve sectors;

(iii) To promote, guide the drafting of draft government regulations and local legislation in the relevant sectors;

(iv) The task of harmonizing the review, modifying the draft Government regulations and draft local legislation;

(v) Government regulations and interpretation;

(vi) Compilation of local legislation and government regulations;

(vii) Assessment after the Government's regulations;

(viii) The clean-up of government regulations and participation in local legislation clearance;

(ix) Other work to develop government regulations and draft local legislation.

Chapter II Legislative principles

Article 7 establishes government regulations and draft local legislation, which should be guided by the legislative principles established in the National People's Republic of China's Legislative Act, in conformity with the provisions of the Constitution, legislation, administrative regulations and other superior laws, and introduce scientific legislation, democracy legislation reflecting local features.

Article 8 establishes government regulations and prepares draft local legislation, which should be consistent with economic construction, social development, modernization and work services at the centre of the city in practice.

Article 9 establishes government regulations and draft local legislation that should reflect the spirit of reform, scientific normative administrative behaviour and promote the transformation of government functions to economic regulation, market regulation, social management and public services.

The development of government regulations and the development of draft local legislation should be in line with the principles of commutation, harmonization and effectiveness, and the same or close functions should be provided for by an administrative body to reduce administrative procedures.

Article 10 develops government regulations and draft local legislation, which should effectively guarantee the legitimate rights and interests of citizens, legal persons and other organizations, while providing that they should fulfil their obligations, should provide for the manner in which their rights are realized.

The development of government regulations and the development of draft local legislation should reflect the principle of harmonization of the functions and responsibilities of the executive organs, while giving administrative organs the authority to stipulate the conditions, procedures and responsibilities for their exercise.

Article 11 establishes government regulations and draft local legislation that should reflect the fundamental interests and will of the people at large, fully promote socialist democracy and widely listen to the views of the relevant organs, organizations and citizens and guarantee the participation of the people in legislative activities through multiple means.

Chapter III Legislative plan

Article 12 establishes government regulations and prepares draft local legislation plans. Projects in the annual legislative plan are divided into guaranteed projects and research projects.

No items without research or conditionality may be included in the annual safeguards project.

Article 13 states, police stations and districts (markets), the communes are required to report to the commune Government on the development of government regulations or draft local legislation, which shall be presented to the next year by the end of October of each year for the application of quotas in the rule of law sector.

Article 14. Proposed projects for the declaration of the development of government regulations and the preparation of draft local legislation shall be communicated to:

(i) Recommended list of project declarations;

(ii) A preliminary draft of the proposed project;

(iii) A description of the need for development, the issues to be addressed or the systems to be established;

(iv) Based on, reference laws, regulations, and other relevant materials.

The contents of subparagraphs (i), (ii) and 3 (a) above this article should be accompanied by electronic texts.

Following a review of the legislative recommendations of the Government's rule of law sector for the declaration, the preparation of the annual legislative plan for approval by the Government of the city.

With regard to the undeclared legislative project, the rule of law sector of the municipality can be included in the annual legislative plan in accordance with actual work needs.

Article 16 is one of the following cases and does not include a legislative plan:

(i) The main system to be established or the main issues to be addressed, and the relevant laws, regulations and government regulations have been specified;

(ii) The main system to be established or the main issues to be addressed are incompatible with the law, legislation or incompatible with national approaches, policies;

(iii) Be incompatible with the realities and needs of economic and social development in the city;

(iv) The development of government regulations or local legislation that are not mature;

(v) Other matters that need to be addressed through the development of government regulations or local legislation.

Article 17 sets out the Government's regulations and prepares the annual legislative plan for the draft local legislation, which, with the approval of the Government of the city, is organized by the authorities of the city's Government in the rule of law.

The Government of the city concerned departments, police stations and districts (markets), the Government of the People of the Region has not completed the drafting task as required by the annual legislative plan, and written reports should be made to the Government's rule of law sector.

Article 18 is not included in the annual legislative plan, and the authorities or units concerned believe that there is a need for government regulations or local legislation, and written reports should be submitted to the Government's rule of law sector. The rule of law sector of the city's Government has been reviewed and validated, and it is considered necessary to report on the approval of the Government.

Drafting chapter IV

Article 19 is included in the annual legislative plan's government regulations or local legislation projects, which are being drafted by the relevant authorities of the city, the police and the relevant districts (markets), the people of the region.

The content of the draft Government's regulations or local legislation is closely linked to the operations of the two sectors, drafted by a joint drafting group composed of the relevant sectors, and, if necessary, by the relevant departments of the rule of law of the city's Government.

Drafting of government regulations and drafting of draft local legislation could invite relevant experts, organizations to participate, or experts, organizations to draft legislation.

Draft Government regulations and local legislation should be clearly defined for the purpose and basis of the adjustment, the scope of application, the authorities, the specific norms and the date of implementation.

Draft Government regulations and the content of the draft local legislation should be expressed in accordance with the provisions, which may be subsectiond, subparagraphs, subscriptions, figures, and subscriptions, with a larger number of rules and chapters.

Draft Government regulations and local legislation should be in line with the requirements of legislative technology and should be in a position to do so without complicity, logic, clarity, structure, accuracy, letter and integrity.

Draft article 23 of the Government's regulations and the content of the draft local legislation relate to other departments or units, which should fully seek advice from other departments or offices and seek consensus; it is not possible to agree that the drafting sector should make written statements and reasons when they are to be sent to the Government's regulations or draft local legislation.

The drafting body of draft regulations or local legislation should conduct in-depth studies, understand the realities and problems and widely hear views on all aspects.

Article 25 Government regulations or draft local legislation directly relate to the interests of citizens, legal persons or other organizations, and the drafting sector should be made public to society, to seek the views of all communities of society or to hold a colloquium, a witness, hearing.

Following the finalization of the Government's regulations or local legislation, the draft law should be negotiated by the drafting office to produce a draft of the communication, signed by the main holder of the drafting sector and reviewed by the authorities of the city.

More than two drafting departments were co-drafted and the draft was signed by the main heads of the relevant drafting sector.

The following information shall be submitted to the Drafting Group when it reports to the Government's rules of procedure or draft local legislation to be delivered:

(i) Submissions, drafting notes and research reports;

(ii) Summary and adoption of views;

(iii) Based on and reference relevant laws, regulations, government regulations and other materials.

The first paragraph of this article contains 10 copies. In that regard, the drafting note should provide clarifications on the need to establish government regulations or local legislation, the drafting history and basis, the main system to be established or the main issues to be addressed and the views of the parties concerned.

Chapter V Review and coordination

The draft article 28 of the Government's rules of procedure and the draft local legislation were sent to the trial by the Ministry of the Rule of Law of the People's Government responsible for the harmonization of the review, coordination, modification.

Article 29 of the Law of the People's Government shall be reviewed on the following matters:

(i) In conformity with the provisions of chapter II of this provision;

(ii) In conformity with the relevant laws, regulations and policies;

(iii) In conformity with the prevailing situation in the city;

(iv) The feasibility and operationalability of specific norms;

(v) There are differing views and coordination among sectors and units involved in the content;

(vi) Structural, provisions, language expressions are consistent with legislative technical requirements.

In one of the following cases, the Government's draft regulations were sent to the draft local legislation, which could be suspended or returned to the drafting sector:

(i) The basic conditions for the development of government regulations or local legislation are not ripe;

(ii) There is a greater controversy with respect to the principal system or measures established in the draft articles, which are not agreed with the relevant departments or units;

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

(iv) Incompatible with article 27 of this provision.

Article 31 provides for a more mature delivery, with a central review, modification, presentation of the consultation with the drafting sector, and advice from the relevant departments, districts (markets), the people of the region and relevant units.

Article 32 states that the rule of law sector of the commune government shall seek advice on the main issues covered by the Government's regulations or local legislation, and shall conduct in-depth investigations into relevant sectors, districts (markets), the people of the region and related units of the city.

Article 33 of the Government's regulations or local legislation seek advice on important issues, and the rule of law sector of the commune government should organize a colloquiums, opinions and opinions with the participation of relevant departments or offices, representatives of the human person and members of the political union, as well as relevant experts; direct reference to the interests of citizens, legal persons or other organizations, which should also be made available to society through the State Day, the Information Network, etc.

The State's solemn declaration should publish in a timely manner the Government's regulations or local legislation for consultation.

The sectors and units that have been consulted should, after receipt of the Government's regulations or local legislation, make proposals for changes and proposals within the prescribed time frame to inform the Government of the rule of law sector; more than the deadlines for the provision were not reported, should be considered to be unrealistic.

Article 33, concerning the different views of sectors and units on the main measures covered by the Government's regulations or local legislation, the management system, the division of competence, etc., should be coordinated by the Government's rule of law sector and seek consensus; it should not be agreed that the main issues, the views of the sectors concerned and the rule of law opinion of the people in the rule of law sector should be presented to the Government of the city.

The draft Government's regulations or local legislation seeking comments were coordinated, modified and modified by the Ministry of the Rule of Law of the People's Government, which, together with the draft note, was signed by the principal holder to the consideration of the Government.

Decision VI, publication and documentation

Draft Government regulations or local legislation are considered by the Standing Committee of the People's Government.

Draft government regulations or local legislation dealing with important issues may also be brought to the attention of the Municipal Government in the context of the deliberations of the Standing Conference of the People's Government.

In considering the draft regulations of the Government or the draft local legislation at the Standing Committee of the People's Government, a statement was made by the Ministry of the Rule of Law of the Municipal Government, where the heads of the sector could attend.

The draft local legislation, which was adopted by the Standing Committee of the People's Government or by the plenary, has resulted in the formation of a bill of the Government of the city and signed by the Mayor, to be considered by the Assembly or its Standing Committee.

The draft regulations of the Government, which were adopted by the Standing Committee of the People's Government or by the plenary, should be amended by the rule of law sector of the city's Government, in accordance with the deliberations, to form a draft amendment to which the Mayor is invited to sign the declaration in the form of the Order of the People's Government.

After the publication of article 40 of the Government's regulations, the State's Day shall be published in full from 7 days of the date of publication, and the Communiqué of the Government of the State of Hygiene shall be published in a timely manner.

The text of government regulations published in the Communiqué of the Nationalities of the State is the standard text. Upon publication of government regulations, the relevant departments or units should be prepared in a timely manner.

Article 42 Government regulations should be implemented after 30 days of the date of publication; however, in relation to national security and the non-exclusive application of public regulations, they may be implemented from the date of publication.

The rule of law sector of the Government of the city should be available within 30 days of the date of publication to the General Assembly of State, the People's Representatives of the Province, the Government of the province and the Standing Committee of the People's Congress.

Post-legislative assessment of the Government of Chapter VII

Within 30 days from the date of publication, the departments responsible for the organization should develop implementation programmes to inform the Government of the State of the rule of law.

The Government's rule of law sector can monitor the implementation of government regulations, local legislation and regulations on a regular or non-recurrent basis, and identify important issues that should be reported to the Government of the city in a timely manner.

Article 42 establishes a post-government regulatory assessment system.

The following Government regulations should undertake a legislative post-assessment assessment:

(i) Implementation of more than one year;

(ii) The need for a comprehensive revision;

(iii) The judicial recommendations of the judiciary, based on bills, proposals and recommendations made by representatives of the human person, members of the political union, the issues reflected by civil, legal or other organizations and the identification of needs to be assessed, including through the public consultation of assessment opinions to society;

(iv) The Government of the city considers other government regulations that need assessment.

Article 46 states that the rule of law sector of the commune government shall, when preparing the annual legislative plan of the Government, identify governmental regulations that require post-legislative assessments and report to the Government of the city for approval.

The assessment of the Government's legislation is carried out by the Ministry of Rule of Law of the People's Government.

The Government's rule-of-law sector conducts post-government legislative evaluation, which may be carried out in the relevant sectors, depending on the circumstances, or entrusts the relevant industry organizations, intermediary agencies, colleges and scientific institutions.

The main elements of the post-application assessment of government regulations in Article 48:

(i) The extent to which the expected objectives of establishing government regulations are achieved;

(ii) Advocacy, implementation and accompanying system-building in government regulations;

(iii) Coherence and coordination in the relevant responsible sectors;

(iv) The level of knowledge and recognition of the content of government regulations by the public;

(v) The legitimacy of government regulations;

(vi) The reasonableness and appropriateness of the rights, obligations and legal responsibilities set forth in Government regulations;

(vii) The feasibility and operationality of the main regime or regulatory measures established by government regulations;

(viii) The normative and accurate character of the text structure and its terms;

(ix) Other needs assessment.

The assessment after the legislation of the Government of Article 49 may take the form of field studies, thematic surveys, questionnaire surveys and the holding of colloquiums, colloquiums, opinions from the relevant sectors, units and the public.

Following the completion of the Government's legislative post-assessment exercise, the Ministry of the Rule of Law of the People's Government should organize an assessment report in the relevant sectors and report to the Government.

The assessment reports should include the basic circumstances of the assessment, the effectiveness of implementation, problems in the implementation process, and whether the Government regulations continue or need to be revised, repealed recommendations and grounds.

The assessment reports approved by the Government of the city are the main basis for changes in government regulations and repeals.

Article 50 of the assessment report considers that the relevant accompanying system of government regulations requires improved or relevant implementation measures, and that the Government's regulations should take appropriate measures in a timely manner.

Compilation, interpretation and clean-up

Article 52 Government regulations and local legislation are regularly compiled by the authorities of the city.

The sectors and units concerned need to compile government regulations and local legislation, which should be agreed and validated by the authorities of the city.

Article 53 of the Government regulations are one of the following cases, with the responsibility of the Government of the city:

(i) The provisions of government regulations need further clarity on specific meaning;

(ii) A new situation after the Government's regulations have been developed will require a clear application of government regulations.

The interpretation of government regulations is equally effective with government regulations.

Article 54 of the Government of the city concerned departments, police stations and districts (markets), the Government of the District and other relevant departments and units may make requests for the Government's regulatory interpretations.

The Government's regulations explain the opinions of the rule of law sector of the city's Government, taking into account the Government's regulatory procedures for the review of the draft articles, which are invited to be made public after the approval of the Government.

Article 55 should organize regular clearance of local legislation, government regulations.

Article 56 of the Government's regulations or local legislation contain one of the following cases, which should be amended, repealed or brought to the Standing Committee of the Assembly on behalf of the people of the city:

(i) The laws, regulations on which they are based have been amended or repealed;

(ii) That work needs to be reduced or modified;

(iii) Be incompatible with existing laws, regulations, policies;

(iv) Changes in the loss or situation of the target;

(v) Be replaced by new government regulations or local legislation;

(vi) After a legislative assessment, it was considered necessary to amend and repeal.

Article 57 State organs, social groups, business organizations, citizens believe that government regulations are incompatible with the law, legislation and regulations, may submit a review proposal in writing to the Government of the city, which is addressed by the Ministry of the Rule of Law.

Article 58 amends, repeals the authority and procedures of government regulations and local legislation to implement the procedures established and published.

Chapter IX

Article 59 The draft regulations on regulations and the preparation of local legislation and regulations, issued by the Government of the People of the city on 12 August 2002, were also repealed.