Zhengzhou City Government Regulations And Prepare Draft Local Laws And Procedures

Original Language Title: 郑州市制定政府规章和拟定地方性法规草案程序规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201006/20100600256405.shtml

Zhengzhou city government regulations and prepare draft local laws and procedures

    (December 31, 2009, Zhengzhou city people's Government, the 17th Executive meeting January 15, 2010 by Zhengzhou municipal people's Government, the 188th promulgated as of March 1, 2010) Chapter I General provisions

    First in order to standardize the development of government regulations and prepare the draft local laws and procedures, and ensure the quality of government regulations and local regulations, according to the People's Republic of China legislative act, the regulatory procedure Ordinance and the provisions of the implementation outline for the holistic promotion of administration by law of the State Council, considering the actual situation in the city, these provisions are formulated.

    Second Government regulations in these rules refers to the municipal people's Government in accordance with the political, economic, cultural and social development of the actual circumstances and needs, according to the relevant laws, administrative regulations and local regulations, in accordance with generally binding normative documents of the legislative process.

    Local regulations in these rules refers to the municipal people's Government in accordance with the political, economic, cultural and social development of their needs and circumstances, the laws and administrative regulations, local regulations conflict under the premise of this province, in accordance with the legislative procedure proposed to draw attention to the municipal people's Congress or its Standing Committee consideration of draft normative documents generally binding.

    Name of government regulations in accordance with the following provisions of article III is divided into provisions, methods, implementation rules or measures for the implementation of:

    (A) administrative work on one aspect of a comprehensive, systematic provisions, called the "provisions";

    (Ii) an administrative work to do more specific provision, called the "approach";

    (C) for the implementation of laws, administrative regulations or local regulations make specific provision, called the "implementation rules" or "measures";

    Name of local regulations in addition to laws, administrative regulations or of the implementing regulations to implement approaches, saying "the Ordinance".

    Fourth Government regulations can be developed in the following matters:

    (A) the follow-up to the implementation of the specific provisions of laws and regulations need municipal;

    (B) for the implementation of local regulations in the city, municipal people's Government, formulate rules for its implementation or measures are needed;

    (C) to formulate local regulations, conditions are not ripe, needed to regulations promulgated in the form of the implementation of the Government;

    (D) the specific administrative matters belonging to the administrative area of the city;

    (E) adjust the activities of the Executive Government regulations need to be developed.

    Article fifth following can develop local regulations:

    (A) to ensure the legal and administrative regulations or local regulations implemented in this city, this province, municipal people's Congress or its Standing Committee needed to be supplemented or specific provisions;

    (B) according to the municipality, needs to include new substantive rights or obligations;

    (C) deepening the institutional reform, the establishment of the Socialist market economic system, you need to formulate local laws to regulate;

    (D) opening to the introduction of foreign capital, advanced technology and management experience, you need to formulate local laws to ensure;

    (E) matters related to major economic and social development in the city, you need to formulate local laws;

    (F) the need to guarantee the implementation of the judiciary.

    Sixth municipal Legislative Affairs Department under the leadership of the municipal people's Government is responsible for the development of government regulations and the preparation of the draft local regulation, shall perform the following functions:

    (A) the preparation of a set of government regulations and to develop draft local regulation plan, and implementation;

    (B) organize relevant departments to draft or conducting a drafting adjustment range widely, involving sectors more governmental regulation and local regulations;

    (C) supervise and guide the Department of governmental regulation and the draft local regulation drafting;

    (D) responsible for reviewing, modifying draft Government regulations and local regulations;

    (E) Government regulations for the record and interpretation;

    (Vi) is responsible for the compilation of laws and Government regulations;

    (VII) is responsible for government regulation assessment of the legislation;

    (VIII) is responsible for the work on government regulations, participation in work on local laws;

    (I) is responsible for the development, preparation of the draft local laws and other government regulations.

    Chapter II principles

    Article seventh set of government regulations and to develop local regulations, should be guided by the People's Republic of China legislative principles of the legislative act, in line with the Constitution, laws, administrative regulations and the provisions of other higher-level law, scientific and democratic legislation, reflecting local characteristics.

    Article eighth set of government regulations and to develop local regulations, should be from the reality of the city, focus to economic construction, social development, reform and opening up, and the city centre services.

    Nineth draft set of government regulations and to develop local regulations, should embody the spirit of reform, scientific and normative administrative acts to promote government functions into economic regulation, market supervision, social management and public services.

    Set of government regulations and to develop local regulations shall comply with the principle of streamlining, uniformity and efficiency, of the same or similar functions shall be provided by an administrative organ, simplify administrative procedures.

    Tenth set of government regulations and to develop local regulations, should effectively protect the legitimate rights and interests of citizens, legal persons and other organizations, at the same time it should fulfil its obligations under, should provide the rights and guarantees of their rights of way.

    Set of government regulations and to develop local regulations, should reflect the principle of unity of powers and responsibilities of the Executive, given the Executive authority at the same time, it should provide the conditions for the exercise of any powers, procedures and responsibilities.

    11th set of government regulations and to develop local regulations, should embody the fundamental interests and the will of the people, develop Socialist democracy, listen to the views of relevant bodies, organizations and citizens, and ensure that people participate in the lawmaking process through various channels.

    Chapter III of the legislative scheme 12th draft set of government regulations and to develop local regulations, should prepare an annual legislative programme.

    Item in the annual legislative programme into projects and research projects.

    Without research or conditions are ripe and the project shall be included in the annual project.

    13th municipal people's Government departments, agencies and the counties (cities), the district people's Government need to report to the municipal people's Government in the Government regulations or formulating local regulations, should be at the end of October of the year before next year's proposed projects submitted to the municipal people's Government legal authority for approval.

    Article 14th declared in the Government regulations and prepare the draft local regulation proposals, shall submit the following materials:

    (A) the proposed project declaration form;

    (B) the first draft of the proposed project;

    (C) on the need to develop, and to solve the problem or is intended to establish the system of description;

    (D) basis, with reference to the laws, rules, regulations, and other related materials.

    The preceding paragraph of this section (a), (b), third (item), should be submitted electronically.

    15th municipal Legislative Affairs Department to declare legislative proposals for review, evaluation, preparation of the annual legislative programme, submitted to the municipal people's Government.

    For undeclared items of legislation, municipal Legislative Affairs Department according to actual needs, and included in the annual legislative programme.

    16th belongs to one of the following situations, not included in the legislative programme:

    (A) is intended to establish the main system or to solve problems, relevant laws, regulations and government rules have been clearly defined;

    (B) is intended to establish the main system or to solve problems with laws and regulations conflict or does not meet the relevant guidelines and policies of the State;

    (C) does not comply with the city's economic and social development needs and circumstances;

    (D) Government regulations or local regulations, conditions are not ripe;

    (E) other not through government regulations or local regulations need to resolve the matter.

    Article 17th annual legislative programme of the Government regulations and preparation of the draft local regulation, upon approval by the municipal government, implemented by the municipal legislative affairs agency of the Government.

    Municipal Government departments, agencies and County (City), the annual legislative district people's Government is not planning to finish drafting task, Legal Affairs Department wrote a written report should be submitted to the municipal people's Government, with justification. 18th item that is not listed in the annual legislative programme, relevant departments or units need to formulate Government regulations or formulating local laws, written report shall be submitted to the municipal Legislative Affairs Department.

    Municipal legislative affairs departments, upon examination, demonstration, felt the need to develop, and submitted to the municipal people's Government.

    The fourth chapter draft

    19th in the annual legislative programme of the Government regulation or local decree project by the municipal people's Government departments, agencies and relevant counties (cities), the district people's Government is responsible for drafting.

    Government regulations or local regulations and more closely tied to the Department's business, the relevant departments jointly drafting group to prepare a necessary legal work of the municipal people's Government departments organize relevant departments to draft.

    Preparation of draft Government regulations and the preparation of the draft local regulation may invite the participation of relevant experts and organizations, may also appoint experts, organize the drafting.

    20th Government draft regulations and local regulations should be enacted on the objective and basis, object, scope, authority, specific norms and the timing clearly stipulated.

    21st draft Government regulations and local regulations should be expressed in provisions, and each can be divided into paragraphs, items, accounts, not digital, and as numbers, more articles can be divided into chapters, chapter or section.
22nd governmental regulation and local regulations should be consistent with the requirements of legislation, rather than complex, logical, coherent, well-structured, language is accurate, concise, with maneuverability.

    Article 23rd governmental regulation and local regulations related to other departments or units, drafting departments should seek the views of other departments or units fully, seek consensus agreement cannot be reached, drafting Department in government regulation draft when draft local regulations or draft, and reason of refusal in writing.

    24th Government regulations or Department should conduct in-depth investigation of the draft local regulation, to identify and to understand the actual situation and problems, listen to the views of interested parties.

    25th draft Government regulations or local laws directly related to citizens, legal persons or other organizations vital interests, drafting departments shall be announced to the public, solicit the views of the community, or holding forums, feasibility study meeting, hearing your views.

    26th government regulation or local decree after the draft is completed, should be meeting for discussion and adoption by the drafting Department, form draft, signed by the head of drafting Department is mainly, submitted to the municipal people's Government Legislative Affairs Department.

    Have more than two drafting departments, has drafted, the draft drawn up by the relevant departments in charge sign.

    27th submitted the draft sector government regulations draft or when the draft of the draft local regulation, shall submit the following materials:

    (A) draft, draft notes and research reports;

    (B) the summary and adoption;

    (C) the basis and reference to the relevant laws and regulations, government regulations and other materials. 10 copies of material in the preceding paragraph of this article.

    Among them, the drafting instructions should be on the development of government regulations or the necessity of local regulations, drafting and basis, intended to establish the system of the main or to solve the main problems and the views of interested parties such as description of the situation.

    The fifth chapter review and coordination

    28th Government Regulation draft draft draft by the municipal government and local regulations legal Affairs Department is responsible for the review, coordination, and change.

    29th municipal Legislative Affairs Department for approval of government regulations, draft and draft local regulations draft should be examined on the following matters:

    (A) compliance with the provisions of chapter II of the present provisions;

    (B) compliance with the relevant laws, regulations and policies;

    (C) compliance in this municipality;

    (D) specific norms with feasibility and maneuverability;

    (E) the departments and units involved have different views whether coordination;

    (Vi), language structure, provisions compliance with the legislative requirements.

    Article 30th Government Regulation draft local regulations and draft one of the following circumstances, municipal Legislative Affairs Department returned stride or drafting departments:

    (A) the development of government regulations or local regulations the basic conditions are not mature;

    (B) the relevant departments or units established in accordance with the draft's main institutions or measure a great dispute, drafter of consensus with the relevant departments or units;

    (C) does not meet the basic requirements of legislation, needs major revision;

    (Iv) does not comply with the provisions of article 27th.

    More mature article 31st draft, drafted by the municipal Legislative Affairs Department in conjunction with the Department for a focused review, modify, form draft, and sent to relevant departments, counties (cities), the district people's Government and the authorities concerned for comments.

    Article 32nd municipal Legislative Affairs Department should be on the Government regulations or local regulations draft related problems to related government departments, County (City), the district people's Government and carried out in-depth investigations about the case.

    33rd article Government regulations or local regulations sought views draft involved major problem of, city government legal work sector should Organization held by about sector or units, and NPC representative and CPPCC members and about experts participate in of Symposium, and feasibility study meeting, heard views; directly involved citizens, and corporate or other organization vital interests of, also should through Zhengzhou daily, and information network, to social announced, also can held hearing, widely heard views.

    The Zhengzhou journal shall be promptly published government regulation or local decree draft for comment.

    Article 34th consulted departments and units upon receipt of the Government or local regulations draft regulations, should propose changes in the time allotted and recommendations, submitted to the municipal legislative affairs agency of the Government; more than not submitted by the deadline, as no comments.

    35th departments and units of government regulations or local regulations draft involves major measures have different views, the Division of management, permissions, and municipal Legislative Affairs Department coordination should be to reach consensus; fail to reach an agreement, major, relevant departments should be comments and municipal Legislative Affairs Department legal opinion submitted to the municipal people's Government for decision.

    Article 36th Government regulations or local regulations draft legal work of the municipal people's Government departments, revised, government regulations or local regulations, together with the draft note, signed by the Chief, drew attention to the municipal people's Government for consideration.

    Sixth chapter decisions, disclosure and filing

    37th Government draft regulations or draft local regulations considered by the Standing Committee of the municipal people's Government decision.

    Important issues draft local laws or Government regulations, after being considered by the Standing Committee of the municipal people's Government, drew attention to the plenary session of the municipal people's Government decision.

    Article 38th Executive meeting of the municipal people's Government to consider governmental regulation or when the draft local regulation, legal work of the municipal people's Government departments for instructions, the relevant departments attended the meeting.

    39th draft local regulations by the city people's Government Executive meeting or after the adoption of the plenary, formed motion city people's Government and signed by the Mayor, submitted to the municipal people's Congress or its Standing Committee for consideration.

    40th draft Government regulations by the city people's Government Executive meeting or plenary adoption, municipal Legislative Affairs Department should be modified according to the deliberation, formed the amended draft, submitted to the Mayor signed, published in the form of municipal government.

    41st Government regulations upon signing and promulgation, the Zhengzhou journal shall be published in the 7th full text published Bulletin of the Zhengzhou municipal people's Government shall be promptly published the full text. The Zhengzhou municipal government regulatory texts for standard texts published in the Gazette.

    After the publication of government regulations, the relevant departments or units should be published in a booklet.

    42nd government regulation should come into force after the 30th from the date of promulgation; however, involves national security and not implemented could affect government regulations to implement immediately after the announcement, can come into force on the date of promulgation.

    43rd Government regulations after the municipal Legislative Affairs Department shall be published in the 30th, in accordance with the regulations to the State Department, the provincial people's Congress Standing Committee, the provincial people's Government, the Standing Committee of the municipal people's Congress for the record.

    Seventh chapter after government regulations legislative assessment

    44th Government regulations and local regulations from the date of publication in the 30th, is responsible for implementing Department shall formulate implementation plans, submitted to the municipal people's Government Legislative Affairs Department.

    Municipal Legislative Affairs Department can be regular or ad hoc basis to government regulations, supervise and inspect the implementation of local laws found major problems should be timely reported to the municipal people's Government.

    45th legislative evaluation system of government regulations.

    Government regulations should be assessed after the enactment of the following:

    (A) implementation of more than one year;

    (B) needs to be completely revised;

    (C) according to the NPC deputies and CPPCC National Committee members ' motions, proposals and recommendations, Justice recommendations of the judicial authorities, citizens, legal persons or other organizations to reflect issues and public assessment sought to determine, inter alia, an assessment of needs;

    (D) municipal people's Government considers it necessary to assess the additional government regulation.

    Article 46th municipal Legislative Affairs Department at the time of preparation of the annual legislative programme of the Government Regulation, government regulations should be identified the need for assessment of the legislative project, submitted to the municipal people's Government.

    47th Government assessment of the regulatory legislation implemented by the municipal legislative affairs agency of the Government.

    Municipal Legislative Affairs Department to carry out the Government assessment of the regulatory legislation, relevant departments according to the circumstances, may also be entrusted by trade-related organizations, agencies, universities and research institutions.

    48th legislative assessment the main contents of government regulations:

    (A) formulate Government regulations target achievement;

    (B) the promotion, implementation and construction of supporting system of government regulations;

    (C) collaboration with relevant departments, and coordination;

    (D) the public's understanding of government regulations and awareness;

    (E) the legitimacy of the Government regulations;

    (Vi) Government regulations set the rights, obligations and liabilities of the reasonableness and adequacy;

    (VII) established by the Government regulation of main systems or management measures under the feasibility and maneuverability;

    (H) the text structure of government regulations and the standardization of terminology and accuracy;

    (IX) other contents of the needs assessment.

    49th Government assessment of the regulatory legislation may take the field research, special surveys, questionnaires and held seminars, feasibility study meeting and other forms, and extensively listen to the views of the relevant departments and units and the general public.

    Upon completion of 50th Government assessment of the regulatory legislation, municipal Legislative Affairs Department should organize the relevant departments to form an assessment report and submitted to the municipal people's Government.

    Assessment report should include an assessment of the basic situation, implementing results, problems in the implementation process, as well as government regulations continue or need to modify, repeal proposals and reasons, and so on.

    Assessment report as approved by the municipal government regulations to modify, repeal the main basis.
51st assessment report finds that government regulation of related systems need to improve or the relevant implementation measures need to be improved, government regulations implementing Department shall take appropriate measures in a timely manner.

    Compilation of the eighth chapter, explain and clean up

    52nd Government regulations and local regulations compiled by the municipal Legislative Affairs Department on a regular basis.

    Compilation of relevant departments and units need government regulations and local regulations, should be agreed and approved by the municipal legislative affairs departments.

    53rd Government regulations of any of the following circumstances, the municipal people's Government is responsible for the interpretation:

    (A) Government regulations need to further clarify the specific meaning;

    (B) a situation arises after enactment of the new regulations, require clear according to applicable government regulations.

    Interpretation of government regulations and government rules have the same effect.

    54th of municipal people's Government departments, agencies and County (City) and district people's Government as well as other relevant departments and units may appeal to the municipal Legislative Affairs Department explained the requirements of government regulations.

    Government regulations explained by the municipal Legislative Affairs Department Government Regulation draft review process comments and submitted to the municipal people's Government announced.

    55th municipal legal affairs departments shall regularly organize on local regulations, government regulations to clean up.

    56th Government regulations or local laws in any of the following circumstances, should be amended, repealed or brought to the Standing Committee of the municipal people's Congress to amend, repeal:

    (A) on the basis of laws and regulations have been modified or abolished;

    (B) because of work, change or modify its content;

    (C) inconsistent with the existing laws, regulations and policies;

    (D) the adjustment objects disappear or change;

    (E) are replaced with new Government regulations or local regulations;

    (Vi) after the legislative assessment, considers it necessary to modify, repeal.

    57th State organs, social organizations, enterprises and institutions, citizens believe government regulations contravene the laws and regulations, may appeal to the municipal people's Government, a written review recommended that the legal work of the municipal people's Government departments.

    Article 58th permission to modify, repeal Government regulations and local regulations and procedures, in accordance with procedures formulated and promulgated the implementation.

    Nineth chapter by-laws 59th article of the regulations come into force on March 1, 2010. August 12, 2002 issued by the Municipal Government of Zhengzhou municipal people's Government develop regulations and prepare the draft local laws and procedures (municipal people's Government, the 106th) repealed simultaneously.