Key Benefits:
(Adopted by the 13th ordinary meeting of the Government of the South Turkmen Republic of 3 September 2007 No. 122 of the Decree No. 122 of 11 September 2007 of the People's Government of South and Southch on 1 November 2007) Chapter I General Article 1 provides for the regulation of the Government of the city (hereinafter referred to as the municipality) to develop draft local legislation and regulations to ensure the quality of the draft local legislation and regulations, in accordance with the Law of the People's Republic of China, the Regulations of the State of the State and the provisions of the Framework for the Comprehensive Promotion of the Implementation of the Law of the Judiciary and the enactment of local regulations in the city of Southch, and to develop this provision in the light of the actual practice of the city. Article 2 The draft local legislation referred to in this provision refers to the draft normative paper prepared by the Government of the city within its statutory competence and brought to the attention of the Assembly and its Standing Committees. The regulations set out in this provision refer to normative documents developed by the municipal authorities within the statutory authority and issued in the form of a municipal government order. Draft local legislation may be developed on the following matters: (i) To implement the provisions of the laws, administrative regulations and local legislation developed by the People's Congress and its Standing Committee, and to make specific matters in accordance with the realities of the city; (ii) The State has not yet enacted legislation or administrative legislation, but matters relating to local legislation are required in accordance with the specific circumstances of the city, except as provided for in article 8 of the Law on the People's Republic of China; (iii) The local affairs of this city require the development of local legislation. The following matters may be regulated: (i) Matters requiring specific provisions for the implementation of legal, administrative and local legislation; (ii) Matters of specific administration. Article 5 Develop draft local legislation and regulations that should be consistent with the legislative principles established in the People's Republic of China Legislative Act. In line with the provisions of the Constitution, laws, administrative regulations and other superior laws, the construction, social development, reform of open and central service services for the city's economy, starting with the specificities and practical needs of the city. Draft local legislation and regulations should provide for the purpose, scope of application, authority, specific norms, legal responsibility, date of application. The draft local legislation and regulations should include specific, clear, operational and practical solutions, the content already specified in the top law, and the draft local legislation and regulations do not in principle duplicate provisions. The regulations shall not create administrative licences and administrative charges. The name of the regulation shall not be called “regulation”. Article 7. The municipal rule of law body is specifically responsible for the development of draft local legislation and regulations by the municipal authorities. Chapter II Article 8 The preparation of the annual legislative workplan should be guided by the principles of maturity, focus, coherence and “removability, change, invalidity”. Article 9. The municipal rule of law institutions should start early August each year to solicit proposals from citizens, legal persons and other organizations for the preparation of draft local legislation and regulations for the next year to the Government's work sector, the district (zone) people's governments, and also through the media, the Government website or the questionnaire. The municipal government service may select appropriate project requests from the Grand Representative's proposal and proposals for political agreement. The existence of a subparagraph that governs the common conduct of the Government can be directly raised by the municipal authorities' rule of law institutions. Article 10. The Government of the municipality, the district (zone) is of the view that it is necessary to prepare draft local legislation or regulations that should be submitted to the municipal authorities for the next year by 1 October each year. The application shall provide clarifications on the need, feasibility, legislative basis, key issues to be addressed, the main regime to be established and accompany the preliminary draft project. The application shall be subject to the approval by the principal head of the applicant's office and the addition of the public chapter of the unit. Civil, legal and other organizations suggested the development of draft local legislation and the formulation of regulations, which should be described as necessary, the main issues to be addressed, and the main systems to be established. Article 11. The municipal rule of law institutions should conduct a summary of applications and recommendations, prepare the annual legislative workplan for the municipal government and report on the approval of the municipal government. Prior to the approval of the municipal government, the municipal rule of law institutions should fully consult the draft local legislation project and the rule of law institutions of the General Assembly on behalf of the Standing Committee. The annual legislative workplan should clarify the name of the draft local legislation and regulations, the drafting sector and the time taken to send the municipal government. Article 12 requests are one of the following cases and are not included in the annual legislative workplan of the municipal government: (i) The legislative purpose is not in accordance with the political party and the basic national approaches, policies that do not meet the requirements for economic development in the socialist market and changes in government functions; (ii) A large number of references to the replication of legal, administrative or other law provisions, without substantive content, and the need for legislation is not sufficient; (iii) No in-depth study of the content of the norms to be regulated by the project, which is not conclusive to the main issues, and legislative time is not ripe; (iv) Other matters that need not be addressed through the development of local legislation or regulations. The same legislative project has been included at the upper level or at the same level as in the General Assembly and its Standing Committee, the High-level Government Legislative Work Plan, or the relevant departments of the State Department are in the process of legislation and is generally not included in the annual legislative work plan of the municipal government. The annual legislative workplan was approved by the municipality and was issued by the Executive Office of the Municipal Government. In particular, the annual legislative workplans should be adjusted, and written reports should be submitted to the municipal authorities, and the proposed additional projects should be reported to the municipal government after the municipal rule of law bodies are supplemented. Drafting The draft local legislation and regulations may be drafted either by or in a number of sectors; projects such as regulating the common conduct of the Government are drafted or organized by the municipal authorities of the rule of law. Drafting units may invite relevant organizations, experts to participate in the drafting process or to entrust relevant organizations, experts with drafting. Article 15 Drafting units should establish drafting groups to implement lead responsibilities, drafters and work funds and to complete drafting mandates on time. Article 16 Drafts and regulations on locality should be drawn up in-depth research on practical experience, drawing on national and international legislative results, and widely listening to the views of relevant organs, organizations and citizens. The hearings can take a variety of written requests, colloquiums, symposia and hearings. The draft local legislation and the content of regulations relate to important legal issues or professional technical issues, and the drafting cell should convene a debate on this issue to hear the views of experts or professionals involved. Draft local legislation and regulations drafted directly involve the interests of citizens, legal persons or other organizations, or have a significant impact on society, which should be made public in society and may also organize hearings in accordance with article 15 of the Regulations of the State Department. The draft local legislation proposes the establishment of administrative licences, and the drafting cell should take the form of hearings, analysts. Draft local legislation and regulations, drafted in relation to the responsibilities of other sectors of the municipality or in close relationship with other sectors, should be fully consulted by the drafting cell. The drafting units have different views with other departments and should be fully consulted; they should be made available when they are sent to the municipal authorities in full consultation. Draft local legislation and regulations drafted should be reviewed by the rule of law body of the drafting body, which, through collective discussions among the drafting units, form draft local legislation and regulations, and be submitted to the Government for review by the drafting group's main heads, following the signing of the draft body's main heads; and draft local legislation and regulations, co-drafted by several units, should be signed by the main heads of the drafting units. The following materials should be submitted when the drafting cell reports to the municipal authorities on draft local legislation and regulations. (i) Request for review by the municipality; (ii) Texts and electronic texts of drafts; (iii) Drafting notes and electronic texts of the draft articles; (iv) Materials for consultations between the relevant organs, organizations and citizens on the main issues of the delivery of the draft articles and departments; hearings, the hearings, the hearings should be accompanied by a copy of the hearings; (v) Relevant legislative basis; (vi) Other relevant materials. Drafting notes on the draft local legislation and regulations to be delivered should include the following: (i) The development of draft local legislation, the need for regulations, the status and main issues of normative matters; (ii) After drafting; (iii) Major measures and their legal basis; (iv) The views expressed, the consultations of the relevant sectors and the treatment of different views; (v) Other issues that require clarification. The draft local legislation is to be submitted for the establishment of an administrative licence, which should be explained in the drafting note on the need for the granting of the administrative licence, the implications for the economy and the economy and the circumstances in which it is heard and accepted. Drafting units should complete the drafting and reporting of draft local legislation and regulations in a timely manner, in accordance with the arrangements and requirements of the annual legislative workplan of the municipal government, and should submit written reports to the municipal government and accompany the municipal rule of law institutions, as special circumstances fail to complete the drafting process on time. Article 23 should guide the drafting of draft local legislation and regulations, with early participation in relevant research, validation. Review of chapter IV Article 24 (i) In conformity with the provisions of article 5 and Article 6 of this provision; (ii) Whether there is coordination and interface with relevant legislation, regulations; (iii) Is the right to deal with the views of the relevant organs, organizations and citizens on the main issues of the draft local legislation and regulations to be delivered; (iv) Have the environment and conditions in place; (v) In conformity with legislative technical requirements; (vi) Other elements to be reviewed. Article 25 (i) Not included in the annual legislative work plan of the municipal government, but also without approval by the municipality; (ii) Basic conditions are not mature or are not necessary for legislation; (iii) The main elements are largely separated from practice or are not properly strengthened sectoral powers, emphasizing sectoral interests and requiring significant changes; (iv) The main regime governing the draft local legislation and regulations for the delivery of the draft articles is disputed by the relevant departments or bodies and the drafting units are not consulted with the relevant departments or bodies; (v) The existence of serious deficiencies in legislative technology and the need for a comprehensive adjustment; (vi) None of the provisions of article 19, article 20 and article 21. Article 26 The Government of the people of the sector and the district (zone) should be given prompt feedback on the written advice of the chapter of the Gatesi Unit. In the absence of timely feedback from special circumstances, clarification should be given to the municipal authorities of the rule of law. Article 27 of the municipal rule of law institutions should conduct field studies at the grass-roots level on the main issues involved in draft local legislation and regulations, as well as the views of relevant bodies, organizations and citizens. Article 28 of the draft local legislation and the draft regulations dealing with important issues, and the rule of law institutions of the municipal government should convene a colloquium, a colloquium, a colloquium attended by the relevant units, experts, to be heard and a research argument. The draft local legislation and the texts of the rules of procedure relate directly to the legitimate interests of citizens, legal persons or other organizations, with significant differences in views among the relevant organs, organizations or citizens, the failure of the drafting cell to make opinions to society in the drafting process or the holding of hearings, and the approval of the municipality's rule of law institutions, with the approval of the municipal authorities, may make requests available to society and may hold hearings. Article 31 differs among the relevant bodies or departments with regard to the main measures involved in the draft local legislation and regulations, the management system, the division of competence, coordination and agreement among the municipal rule of law institutions, which should not be agreed, and the views of the main issues, relevant bodies or departments and the municipal rule of law institutions should be brought to the municipal government decisions. When the municipal rule of law institutions convene a coordination meeting in accordance with the preceding paragraph, the drafting units and the heads of the relevant institutions or sectors should participate. Article 31 should carefully study the views of all parties and, in consultation with the drafting unit, amend the draft local legislation or regulations to be delivered, form a draft discussion of local legislation or draft regulations and clarifications. It should include the need for legislation, the review of key issues to be addressed, the establishment of key measures, the coordination of the relevant sectors, the hearings and the adoption of observations, and other issues that need to be described. The draft local legislation discusses or draft regulations and notes, signed by the main heads of the municipal authorities' rule of law bodies and makes recommendations for the consideration of the Conference. Chapter V Decisions, publication and documentation The draft local legislation and regulations should be decided by the municipal council or plenary. In considering the draft local legislation or draft regulations, a statement by the head of the municipal rule of law body may also be made by the drafting body. Article 34, the municipal rule of law body should modify the draft local legislation or draft regulations in accordance with the views of the relevant meetings of the municipal authorities, form a revised version of which may be invited to sign. It is a draft local legislation that brings to the attention of the General Assembly or the Standing Committee of the People's Representatives of the Municipalities in the form of a municipal government bill; it is a regulation that is made public in the form of a municipal government order. Article 55 draws the Committee's consideration of the draft local legislation by the General Assembly of the People's Representatives of the Municipalities or by the Standing Committee of the People's Representatives, which should be accompanied by the text of the draft local legislation and its statements, the basis of materials and other necessary materials. Article XVI Orders for publication of regulations should contain the regulations' design organs, orders, names of regulations, adoption of dates, date of application, mayors and date of publication. The regulations are not promulgated. The full text of the Southern Klei, the South Kurch and the municipal government website should be published in a timely manner after the publication of the regulations. The text of the regulations that were published in the South Klei is the standard text. Article 338 should be implemented after 30 days of the date of publication; however, matters relating to national security, such as national security, and the non-exclusive application of regulations, which may be carried out from the date of publication. The executive body shall be informed and prepared in advance of the implementation of the regulations. Within 30 days from the date of publication, the regulations were sent by the municipal authorities to the State Department of State, the Permanent Committee of the People's Congress of Province, the Government of the province and the Permanent Committee of the People's Congress. Chapter VI Interpretation, assessment and clearance Article 40 Interpretation of local legislation is carried out in accordance with the relevant provisions of the Regulations on the Establishment of Local Sexualities in the city of Southch. Article 40 contains one of the following cases, and is interpreted by the municipal authorities: (i) The provisions of the regulations require further clarity on specific meaning; (ii) A new situation following the enactment of regulations requires clear application of regulations. The legislative interpretation of the regulations is provided by the municipal rule of law body to comment on the procedure for the review of the draft articles in the light of the regulations, which are invited to be made public after approval by the municipal authorities. The legislative interpretation of the regulations is equally effective. Specific application issues in the implementation of Article 42 are explained by the relevant authorities within their purview. The authorities concerned have difficulty in interpreting them or the interpretations given by other relevant departments, requiring the explanation of the municipal government, which is explained by the municipal authorities' rule of law institutions, and which involve major issues, with the advice of the municipal authorities' rule of law institutions and the explanation provided by the municipal authorities. Article 43 applies for a period of three years, the executive body shall assess its implementation and shall report the assessment to the municipal government. The municipal rule of law institutions believe that, where necessary, regulatory assessment can be organized. The main elements of the assessment include: the understanding, acceptance of the regulations by the normative target, the achievement of the legislative objectives, the application of post-implementation law costs, social costs and benefits arising, and problems in implementation. Article 44 should be cleared on a regular basis. In one of the following cases, the executive body or the municipal rule of law institutions should make proposals for changes and repeals to the municipality in a timely manner: (i) Incompatible or inconsistent with the provisions of law, administrative legislation or other superior laws; (ii) Significant changes in objectivity in matters regulated; (iii) Changes in the executive branch; (iv) After an assessment under the preceding article, it was considered necessary to amend and repeal; (v) Other cases should be amended and repealed. Article 42 proposes amendments to local legislation, draft cases of invalidation and amendments, and repeal regulations, taking into account the provisions. Chapter VII Article 46 edited to publish a compilation of regulations, implemented by the municipal authorities of the rule of law in accordance with the relevant provisions of the editorial publishing regulations. Article 47 relating to or affecting the trade, trade in services and trade-related intellectual property, the drafting cell shall organize a translation of the World Trade Organization language in accordance with the provisions. The external translations of the regulations are validated by the municipal authorities' rule of law institutions. Article 48 |