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Xiamen Municipal Regulatory Procedural Requirements And The Preparation Of The Draft Regulations

Original Language Title: 厦门市人民政府制定规章和拟定法规草案的程序规定

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Procedures for the development of regulations and draft regulations by the House of Commons

(The 42th ordinary meeting of the Government of the People of the House of Commons, held on 27 August 2008, considered the adoption of Decree No. 131 of 3 September 2008 by the People's Government Order No. 131 of 3 September 2008, effective 1 November 2008)

Chapter I General

Article 1. Democratization, scientificization, normativeization, guarantees the quality of the draft regulations and regulations, in accordance with the Legislative Act of the People's Republic of China (hereinafter referred to as the Legislative Act), the National People's Congress of Authorization of the House of Representatives and its Standing Committee and the Municipal People's Government's decision to enact regulations and regulations in the economic zone and the relevant legislation, regulations, regulations and regulations, including the Regulations of the State Department of State, in conjunction with the provisions of this city.

Article 2

The Government of the city has drawn up draft legislation on economic special zones, which should be carried out in accordance with statutory competence and procedures, in accordance with constitutional provisions and the basic principles of legal and administrative legislation.

Article 3. The municipal rule of law sector is the competent authority for the legislative work of the Government, with the following tasks:

(i) The preparation of municipal government plans for the development of regulations and the preparation of draft legislation and annual legislative plans, with the approval of the municipality, responsible for organizing implementation;

(ii) Drafting of draft regulations or regulations dealing with the administration of the city;

(iii) To promote, direct the legislative work of the various sectors of government and municipalities, dispatch agencies and ad hoc institutions;

(iv) To review the draft regulations, regulations and regulations and to bring them to the attention of the municipal government meetings or plenary meetings;

(v) The preparation, compilation and codification of regulations;

(vi) Other work related to municipal government legislation.

Requirements for the development of regulations and draft regulations are included in the annual financial budget.

In accordance with the legislative topics established in the annual legislative plan of the municipal government, the budget for funding has been prepared by the municipal rule of law sector, which is provided for by the municipal financial sector.

Chapter II

Article 5: The rule of law sector of the municipal government receives recommendations for the next year's legislative plan to all sectors of the municipalities and municipalities in the third quarter of each year, and requests legislative advice to the community publicly through the media, such as the House of Representatives or the Government's website.

Article 6. Civil, legal and other organizations may make proposals for the development of regulations or draft regulations to the municipal authorities' rule of law, the various sectors of the municipalities or municipalities.

The municipal rule of law sector should promptly refer to the legislative recommendations collected to the relevant sector.

The authorities of the various sectors of the region and the municipalities decided to adopt the legislative recommendations collected after the examination of the legislative recommendations, and should submit an application to the municipal authorities in the rule of law.

Article 7 Governments and municipalities consider it necessary to develop regulations or draft regulations, which should be submitted to the municipal authorities by 31 October each year. The application shall include the following:

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

(ii) Adjustments to draft regulations or regulations, key issues to be addressed and the main systems to be established;

(iii) The legal, regulatory, policy basis and the need, feasibility of draft regulations or regulations;

(iv) Draft legislation on economic special zones should be developed, and clarifications should be provided on the grounds for the adoption of special legislation and its provisions on transgenderness;

(v) Organization of the drafting of draft regulations or regulations and arrangements for progress of work;

(vi) The time to submit draft regulations or regulations to the municipal authorities.

The municipal rule of law sector may also make proposals for the development of regulations or draft legislation based on the economic and social development needs of the city.

Article 8

In preparing the draft annual legislative plan by the municipal rule of law sector, it is classified in accordance with formal projects, alternative projects, research projects, as well as the name of the draft regulations and regulations, the drafting of the responsibility unit, and the formal project should also indicate the time taken to submit draft submissions to the municipal authorities.

Article 9. Formal projects included in the annual legislative plan of the municipal government should be completed by the drafting cell at the time specified in the annual legislative plan.

For options for inclusion in the annual legislative plan of the municipal government, research and research projects should be highlighted in the relevant sectors, and relevant studies should be sent to the municipal rule of law sector on time.

Article 10 Annual legislative plans can be adjusted in accordance with actual circumstances. There is a need to increase the legislative project, which should supplement the submission of requests in accordance with this provision and be reviewed by the municipal authorities' rule of law sector after reviewing their views.

For the proposed new increase to be a formal project or to be included in the next year's legislative plan, it should, in principle, be selected from the more mature alternative projects in the current annual legislative plan and research projects.

Drafting

The draft regulations or regulations are specifically responsible for drafting work by one or several sectors identified by the municipal government, or may also be determined by the drafting or organization of the municipal rule of law sector.

Article 12 Drafting units draft regulations or regulations should form working groups combining legislators, practitioners and expert scholars. The drafting cell may also commission the relevant experts, organizations drafting; the author shall enter into a written agreement with the authorized units or individuals.

Draft regulations or draft regulations should be drafted in accordance with the following requirements:

(i) It is clear and operational in line with the specificities and actual needs of the city;

(ii) The general non-repetition of the provisions of the law, with a focus on the nuance and specificization of the secondary law;

(iii) In granting the necessary powers to the relevant executive organs, the conditions, procedures and responsibilities to which they exercise their functions should be provided, and the powers and responsibilities should be commensurate with the responsibility;

(iv) In imposing obligations on citizens, legal persons and other organizations, the rights to which they enjoy, the means to guarantee the realization of rights and the means of remedies should be harmonized with the obligation.

The draft regulations and regulations should be in line with legislative technical requirements and should be structured in a clear sense that the terms are accurate, concise and the content of the provisions is specific.

The draft regulations and regulations should be interpreted in the form of a provision whereby the need for content could be divided, sections, paragraphs, subparagraphs and subscriptions. In addition to the complexity of the content, the regulations are generally irrespective of chapter and section.

The draft regulations and regulations of the larger city should be known to the Head of State as “the city of the House”; the draft regulations of the economic special area, and the name should be “the economic zone of the House”.

Draft regulations or regulations should be drafted and the views of citizens, legal persons and other organizations should be widely heard, and the views heard can be obtained in writing for comments, colloquiums, opinions, hearings and hearings.

Drafting units of the draft regulations or regulations should organize a colloquium to hear the views of the relevant departments, grass-roots units and managers.

The draft regulations or regulations deal with special professional technical issues, and the drafting cell should convene a validation meeting to organize expert, scholarly opinions.

Article 16 shall seek the advice of the relevant units in writing by the drafting cell and shall submit written observations within the specified time frame and include a response to the public chapter. The drafting cell should provide clarification in the draft regulations or regulations to the commentary.

In the form of a colloquium, an adjudication, the drafting unit should record the main points and reasons for the participants.

In one of the following cases, the drafting cell shall hold a hearing:

(i) The draft legislation creates administrative licences;

(ii) The draft regulations or regulations provide for greater administrative penalties or impose enforcement measures on property, which have a significant impact on the interests of citizens, legal persons and other organizations;

(iii) There are significant differences in the content of the draft regulations or regulations;

(iv) Other circumstances in which hearings should be held should be provided by law, legislation and regulations.

The hearings were held in public and the drafting cell should make the time, place, content and the way in which the hearings were published before the hearings were held.

Citizens, legal persons and other organizations participating in the hearings have the right to raise questions and comment on the draft regulations or regulations drafted.

The hearings should produce a record of the main points and reasons for the record of the speaker.

Drafting units should carefully summarize and study the views of the hearings, form a written report on the treatment of the hearings, and transmit the draft texts to the municipal government rule of law.

The content of draft regulations or regulations relates to the responsibilities of other sectors of the municipal government or to the close relationship with other sectors, and the drafting units should fully seek the views of other sectors, and other sectors should receive timely feedback.

The drafting units have different views with other departments and should be consulted on their own initiative; the drafting cell should provide information and justification when the draft regulations or regulations are delivered.

The draft regulations or regulations should be sent to the State's rule of law sector review by the body reviewed by the drafting body responsible for the rule of law, by the co-chairs of the drafting cell, and by the principal holder signing a chapter of the drafting unit. A copy of the joint drafting was to be signed by the main holder of the drafting units and added to their respective units.

The drafting cell shall submit the following documents and materials when the draft regulations or regulations are delivered to the draft articles:

(i) A letter to be sent for review;

(ii) Draft texts of regulations or regulations and electronic texts;

(iii) A description of the draft regulations or regulations and their electronic texts;

(iv) The main divergent views of citizens, legal persons and other organizations on the draft regulations or regulations; the holding of hearings should be accompanied by a record of the hearings; the public consultation of the society should be accompanied by a summary of the views;

(v) Research reports, domestic and international relevant legislative information;

(vi) Other relevant materials.

A description of the draft regulations or regulations being sent to the trial shall include the following:

(i) The need for legislation;

(ii) Status and main issues to be regulated;

(iii) Major measures and their legal basis;

(iv) The formulation of the transgender provisions and their justifications in the draft economic legislation;

(v) Processing and description of sectoral opinions, public consultation, expert opinion;

(vi) The need for administrative licences to be established and their possible economic and social implications;

(vii) Other issues that require clarification.

The draft regulations or regulations are not in accordance with the provisions of article 20, article 21, article 22, and the municipal rule of law sector may require the drafting unit to supplement the relevant material within 15 days. Unless requested, the municipal rule of law sector may return the draft regulations or regulations to the drafting unit.

Without the formal project of the annual legislative plan or the addition of the formal project, the drafting cell reports the draft regulations or regulations to be delivered and the municipal authorities may not receive and review.

Article 24 does not complete the drafting and delivery of draft regulations, legislation and regulations at the request of the annual legislative plan, and shall provide a written justification for the review and submission of municipal government decisions by the municipal authorities of their views.

Review of chapter IV

Article 25

(i) In conformity with the provisions of Articles 2, 13 and 14 of this provision;

(ii) Whether the relevant regulations, regulations are coordinated and communicated;

(iii) Have the right to deal with the views of citizens, legal persons and other organizations on the main issues of the draft regulations or regulations;

(iv) Whether administrative licences, administrative penalties, administrative coercive measures, administrative expenses and other administrative measures are lawful and necessary;

(v) Other elements to be reviewed.

Article 26 contains one of the following cases in the draft regulations or regulations, and the municipal rule of law sector may require the redrafting of the drafting cell or may be suspended:

(i) The basic conditions for the formulation of regulations or regulations are not ripe;

(ii) Uncoordinated or altered existing provisions with relevant legislation, regulations and regulations, which are based on and justified;

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

(iv) There was a greater controversy with regard to the main regime set out in the draft articles, which did not provide the necessary coordination and argument.

In the process of reviewing, revising regulations and draft legislation, the municipal rule of law sector should assist the municipal authorities in conducting investigations and providing information.

The text of the draft regulations or regulations relates to the relevant sectors, institutions, and the rule of law of the municipal government should be sent to the full text of the draft unit for comment, and the units consulted should provide written advice within the prescribed time frame and be backed by the Government's rule of law sector.

The content of the draft regulations or regulations concerned important issues, and the rule of law sector of the municipal government could seek advice from the experts concerned and, if necessary, a colloquium, analyst, an opinion and a study.

The content of the draft regulations or regulations relates directly to the interests of citizens, legal persons and other organizations, and in the course of the review, the municipal rule of law sector should make the draft regulations or regulations available in the media, such as the House Day or the Government's website, openly to the community. Citizens, legal persons and other organizations may submit their views to the municipal authorities within the prescribed time frame. The municipality's rule of law sector could also take the form of public opinion surveys to examine the need and feasibility of legislation.

The content of draft regulations or regulations relates directly to the legitimate interests of citizens, legal persons and other organizations, the failure of the drafting cell to make public requests for opinions or hearings in the drafting process, or the discovery of new issues at the review stage of hearings, which may be organized in accordance with article 18.

Article 33 The municipal rule of law sector should be collated as a reference to the review, modification or draft legislation.

The municipal rule of law sector should coordinate and agree on the main measures, the regulatory system, the division of competence, etc. of draft regulations or regulations, and should not be agreed upon to report to the municipal government on the coordination, decision.

Article 31 states that the rule of law sector of the municipal government should fully study the views of all aspects of inhalation, modify the draft regulations or draft texts to be delivered, form the draft and their notes.

The draft regulations or regulations and their statements are signed by the principal heads of the rule of law sector of the municipality, proposing proposals to be submitted to the municipalities for consideration by the Standing Committee of the Municipal Government or the plenary.

The following materials should be submitted to the municipal authorities when they are sent to the draft regulations or regulations.

(i) Draft regulations or regulations;

(ii) A description of the draft regulations or regulations;

(iii) Other submissions.

Chapter V

The draft regulations or regulations should be considered by the Standing Committee of the Municipal Government. Draft regulations or regulations of particular importance may be brought to the plenary of the municipal government for consideration of the decision, as may be decided by the Mayor.

In considering the draft regulations or regulations at the Standing Committee of the Municipal Government or in plenary meetings of the municipal government, the rule of law sector of the municipality may also be explained by the drafting body.

The draft regulations or regulations are signed by the Mayor upon consideration of the decision by the Standing Committee of the Municipal Government or the plenary.

Draft regulations or regulations that have been adopted by the Standing Committee of the Municipal Government or by the plenary, subject to partial amendments, the municipal rule of law sector should organize timely changes in the relevant sectors in accordance with the consideration of views and report to the Mayor for signature.

Article XVI Regulations are published in the form of a municipal government order. The order to publish regulations should contain the establishment of organs, orders, names of regulations, dates adopted, dates of implementation, mayors and date of publication.

The text of the regulations should be made available in a timely manner in the Communiqué of the People's Government of the House, the House and the Government's website, and a press conference was held by the municipality or the designated sector. The text of the regulations contained in the Communiqué of the People's Government of the House is the standard text.

After the signing of the draft legislation by the Mayor, a legislative bill was drawn to the House of Representatives for consideration by the General Assembly or its Standing Committee.

Other provisions of chapter VI

Article 37 shall be submitted within 30 days of the date of publication, in accordance with the provisions of the Legislative Act and the Regulations of the Department of State, the Standing Committee of the People's Congress, the People's Government of Fifang, the House of Commons, the Standing Committee of the General Assembly.

The executive authorities responsible for the implementation of the Department's regulations should report to the municipal government within 30 days, including the development of the accompanying measures, the effectiveness of implementation, problems and recommendations for improvement.

The executive authorities responsible for implementing regulations should assess the implementation of the Department's regulations in accordance with the provisions and report the assessment to the municipal authorities; the municipal rule of law sector could also assess the implementation of the regulations, as required.

In the course of its implementation, there are one of the following cases in which the relevant administrative authorities or the municipal rule of law sector should make proposals for amendments or repeals to the municipalities in a timely manner:

(i) The subject of the adjustment has disappeared or changed;

(ii) The content of regulations is incompatible with the law, administrative regulations or other superior laws;

(iii) The top law on the basis of the regulations has been amended or repealed;

(iv) The content of the regulations is replaced by the relevant superior law or other regulations;

(v) The content of the regulations is incompatible with objective realities.

The new text of regulations should be published in a timely manner, following changes in regulations.

Article 40. The right to interpretation is a municipal government.

The regulations explain the opinions of the municipal rule of law sector in reference to the regulatory draft review process, which is invited to be made public after approval by the municipality.

The interpretation of the regulations is equally valid.

Chapter VII

Article 40 The procedural provisions of the draft regulations and regulations were also repealed by the People's Government Order No. 1 of 17 May 1994.