Nanchang Municipal Government Prepare Draft Local Regulations And Regulatory Procedures

Original Language Title: 南昌市人民政府拟订地方性法规草案和制定规章程序规定

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(September 3, 2007, Nanchang city people's Government, the 13th Executive meeting on September 11, 2007, Nanchang city people's Government, the 122th promulgated as of November 1, 2007) Chapter I General provisions article in order to regulate the municipal people's Government (hereinafter referred to as the city) to formulate local regulations and regulatory procedures, ensuring the quality of draft local laws and regulations, in accordance with the People's Republic of China Law on legislation, the regulations of the State Council regulations on procedures and
    Platform for comprehensively promoting administration according to law to implement provisions of the Nanchang city, as well as the enactment of local laws and regulations, combined with the city's actual, these provisions are formulated.
    Second City Government prepare draft local laws and regulations, these provisions shall apply.
    Local regulations in these rules refers to municipalities within the statutory authority to develop and submit the municipal people's Congress and its Standing Committee consideration of draft normative documents.
    Regulations in these rules refers to municipalities within the statutory authority to develop normative documents and publish it in the form of municipal government. Third article following matters can developed local regulations draft: (a) for implementation legal, and administrative regulations and province Congress and Standing Committee developed of local regulations of provides, need according to this city reality made specific provides of matters; (ii) national yet developed legal or administrative regulations, and according to this city of specific situation need developed local regulations of matters, People's Republic of China legislation method eighth article provides of matters except; (three) belongs to this city local affairs,
    Matters requiring enactment of a local decree.
    Fourth the following regulations: (a) for the implementation of the provisions of laws and administrative regulations, local regulations, specific provisions need to be made, (ii) specific administrative matters. Article fifth draft local laws and 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 provisions of other higher-level law, proceeding from specific conditions and practical needs of the city, and adhere to the city's economic construction, social development, reform and opening up, and central services.
    The sixth draft local laws and regulations should be enacted on the purpose, scope, authorities, specific norms, law, execution dates provided.
    Local laws and regulations should be specific and clear the contents of the draft, with maneuverability, able to solve the problem effectively, upper law has already clearly defined content, local laws and regulations in principle, the draft provisions will not repeat.
    Regulations not set administrative licensing and administrative fees.
    Rule name shall not be called "regulation".
    Article seventh legal institutions specifically responsible for the Municipal Government to develop local regulations and regulatory work.
    Chapter II project the eighth City according to the city for national economic and social development needs, preparation of the annual legislative programme of work.
    Preparation of the annual legislative programme shall follow the conditions mature, focused and balanced "State, instead, waste" both principles.
    Nineth legal institutions should begin in early August each year, the municipal government departments, County (district) people's Government call for next year's draft local laws and regulatory projects; also can through the news media, Government website, or take a survey form, consultation with the citizens, legal persons and other organizations to the elaboration of the draft local regulation and regulatory proposals. Municipal Government departments from deputies proposals and selecting the appropriate item in the CPPCC proposal project application.
    Relates to standardize Government behavior and other aspects of the project, may be proposed directly by the legal institutions. The tenth municipal government departments, County (district) Government deems it necessary to formulate local regulations or the regulations, shall, before October 1 of each year to legal institutions submitting project applications for next year. Project applications will be expected to prepare draft local regulations or regulatory necessity, feasibility, legislative basis, to solve problems, proposed establishing a description of the main system, and first draft of the project.
    Project application shall be subject to the application unit in charge of the validation and affix its official seal.
    Citizens, legal persons and other organizations to formulate local regulations and regulatory proposals should be on the necessity to solve problems, proposed establishing a description of the main system.
    11th legal institutions should be the project summary and recommendations research to develop annual legislative work programme of the municipal government, and approval of the City Government.
    Before the annual legislative work plan approval of the municipal government, legal institutions which should be local regulations project full consultation with the Standing Committee of the municipal people's Congress Legislative Affairs Agency.
    Annual legislative work programme, should be clearly local regulations and rules names submitted, the drafting Department and the Municipal Government of the time. 12th article project application has following case one of of, not included Municipal Government annual legislation work plans: (a) legislation purposes not meet party and national basic approach, and policy, not meet socialist market development law and Government functions change requirements of; (ii) large copy copy legal, and administrative regulations or other upper method provisions, no substantive content, legislation need not full of; (three) on project by to specification of content not for in-depth investigation, on problems grasp no, legislation timing is not mature of
    And (iv) other matters need to formulate local laws or regulations.
    Similar legislation has been included in the superior or the people's congresses and their standing committees at the same level, the higher levels of government legislative work plan, or relevant departments under the State Council is to legislate, is generally not included in the annual legislative programme of work of the municipal government.
    The 13th annual legislative work plan approved by the municipal government, issued by the Office of the municipal executive.
    Due to exceptional circumstances needed to adjust the annual legislation plan, shall submit a written report to the municipal government, proposed projects should reinforce advice by the legal bodies and reported to the municipality.
    Chapter drafted 14th in local regulations and the draft regulation may consist of one or several departments specifically responsible for drafting; standardize Government behavior and other aspects of the project, drawn up by legal institutions or organize the drafting.
    Drafting units may invite relevant organizations and experts to participate in the drafting work, may also appoint experts in related organizations, drafted.
    The 15th drafted by the drafting group should be established, implement the leadership responsibility, drafting personnel and funds to finish drafting task. 16th draft local laws and regulations, shall conduct in-depth studies and summarized their experience, using domestic and foreign legislation, listen to the views of relevant bodies, organizations and citizens.
    Hearings may be in written comments, forums, feasibility study meeting, hearing and other forms.
    Draft local laws and regulations covering the major legal issues or technical questions, drafting units should be convened on the question of the feasibility study meeting, listening to the views of relevant experts or professionals.
    17th draft local laws and regulations directly related to the vital interests of citizens, legal persons or other organizations, or have a significant impact on the community, drafting units should be announced to the public for comments, or in accordance with section 15th of the rulemaking Procedure Ordinance under the State Council organized the hearing.
    Local regulations of the proposed establishment of an administrative license, drafting unit shall take the form of hearings, feasibility study meeting, listen. 18th draft local laws and regulations involving other departments of the Municipal Government's duties or work closely with other departments, drafting units should be fully seeking the views of other departments.
    Drafting unit and other departments have different views, should be fully consulted after full consultations fail to reach a consensus, should be submitted when the City Government explained.
    19th draft local laws and regulations, which shall be drafted by the legal institution, by drafting units through collective discussion, formation of local regulations and draft regulations, and signed by the main drafting units owner, reported to the municipality to review several jointly draft local laws and regulations draft shall be signed jointly by the heads of the several main drafting units.
    20th article drafting units to municipal Government submitted local regulations draft and regulations trial draft Shi, should submitted following material: (a) submitted Municipal Government review of asked; (ii) trial draft text and electronic text; (three) trial draft drafting description and electronic text; (four) about organ, and organization and citizens on trial draft problems of different views and the sector Zhijian consultations of material; held has hearing, and feasibility study meeting of, should with hearing, and feasibility study meeting record; (five) about legislation according to; (six) other about material.
    21st article local regulations draft and regulations trial draft drafting description should including following content: (a) developed local regulations draft, and developed regulations of need, intends specification matters of status and main problem; (ii) drafting after; (three) provides of main measures and legal according to; (four) concerned of views, related sector consultations situation and on different views of processing; (five) need description of other problem.
    Draft local laws and draft of the proposed establishment of an administrative license, drafting units should be set in the preparation of notes on the administrative permission of necessity, economic and social, as well as listen to and accept the possible impact of a description of the situation.
    22nd annual legislative drafting units should be in accordance with the municipal government plan of work arrangements and requirements, completed the drafting of the draft local laws and regulations and submit reviews due to exceptional circumstances can finish drafting and submission review, shall submit a written report to explain the situation to the municipal government, with a copy to legal bodies.
    23rd legal institutions should be on local regulations and to guide the drafting of the regulations, you can participate in relevant research and demonstration work in advance.
    Fourth chapter review 24th article local regulations draft and regulations trial draft submitted municipal government Hou, by municipal government legal institutions from following aspects for review: (a) whether meet this provides fifth article, and sixth article of provides; (ii) whether and about regulations, and regulations coordination, and convergence; (three) whether right processing about organ, and organization and citizens on local regulations draft and regulations trial draft problems of views; (four) whether has implementation of environment and conditions; (five) whether meet legislation technology requirements;
    (F) the need to review more.
    25th article local regulations draft and regulations trial draft has following case one of of, municipal government legal institutions can stride or returned drafting units: (a) not included Municipal Government annual legislation work plans, also without municipal government approved increased of project; (ii) basic conditions not mature or no legislation necessary of; (three) main content serious from actual, or does not apply local strengthened sector power, stressed sector interests, need for major modified of;
    (D) relevant departments or agencies to local regulations and regulations stipulated by the draft system controversy, drafted without consultation with the relevant departments or agencies and (v) legislative technical flaws, the need for a comprehensive adjustment of; (f) does not comply with the provisions set forth in the 19th, 20th, 21st.
    Article 26th city government legal agencies should be local regulations and draft regulations sent the relevant organs, organizations and experts for comments. Relevant departments and County (district) after the Government received a draft, timely feedback should be stamped with the official seal of written comments.
    Due to special circumstances with late feedback, should indicate to the legal authorities.
    The 27th legal institutions should be on local regulations and draft regulations involve problems, reach out for field research, listen to the views of relevant organs, grass-roots organizations and citizens.
    28th draft local regulations and draft regulations on important issues, and legal bodies should be convened by the relevant units and experts to participate in the seminar, feasibility study meeting, listening, research and demonstration.
    29th draft local regulations and draft regulations directly related to citizens, legal persons or other organizations vital interests, the relevant organs, organizations or citizens have major differences of opinion, the drafting unit was not announced to the public for comments in the drafting process, did not hold a hearing, legal institutions approved by the municipal government, to the public for comments, or hearing.
    30th relevant agencies or departments of local regulations and draft regulations related to the measures, the management system has different views, permissions Division, legal institutions should be coordinated, consensus; fail to reach a consensus, should be major issues, relevant agencies or departments and the views of the legal bodies, drew attention to the Government decision.
    Coordination of legal bodies held in accordance with the provisions of the preceding paragraph, when drafting units and heads of relevant agencies or departments should participate in. 31st legal institutions should seriously study the views and after consultation with the drafting unit, modifications to the draft local regulations or regulations to form a discussion draft of the draft local regulations or draft regulations and instructions.
    Descriptions should include the necessity of the legislation, review after, to solve problems, to establish the main measures, the situation with the relevant departments, and listen to and accept views of, and should be noted other problems.
    Discussion draft of the draft local regulations or draft regulations and a note, signed by the head of legal institutions, and made recommendations for consideration by the municipal government.
    Fifth chapter decisions, publish and record 32nd local regulations and rules should be decided by the Executive or plenary meeting of the municipal government.
    33rd consideration of the discussion draft of the draft local regulations or draft regulations, by the head of the legal description or description by the drafter. 34th legal institutions should be under consideration by the Municipal Government to view changes to the discussion draft of the draft local regulations or draft regulations, form revisions and submit them to the Mayor to sign.
    Belonging to the local regulations, municipal government motion drew attention to the municipal people's Congress or the Standing Committee of the municipal people's Congress considered belonging to regulations, published in the form of municipal government.
    35th to draw attention to the municipal people's Congress or municipal people's Congress Standing Committee considering the draft local regulation, should provide draft text of local laws and their descriptions, based on materials and other necessary materials.
    Command of the 36th release rule, shall set forth the enactment organ, the number of regulations, rule name, date of adoption, date of execution, the Mayor signed, and release date.
    Regulations shall not be released without the implementation.
    37th regulations upon signing and promulgation, shall promptly in the political report of the Nanchang, Nanchang daily and published the full text on the Web site of the municipal government.
    Published in the the journal of Nanchang administration regulatory texts for standard texts.
    38th regulation should come into force after the 30th from the date of promulgation; involving national security matters and not immediately after the announcement implemented could affect regulations to implement, can come into force on the date of promulgation.
    Organ shall, prior to the implementation of the regulations to step up publicity and implementation preparations.
    39th regulation published in the 30th, by legal institutions submit in accordance with the relevant provisions of the State Council, the Standing Committee of the provincial people's Congress, provincial people's Government, the Standing Committee of the municipal people's Congress for the record.
    Sixth chapter explains, assessment and clean up its 40th local regulations interpretation and enactment of a local decree, Nanchang, in accordance with the relevant provisions of the Ordinance.
    41st rule has one of the following conditions by the Municipal Government to make a legislative interpretation: (a) the regulations needs to further clarify the specific meaning of; (b) the enactment of regulations there is a new situation, need to be clearly applicable regulations based on the.
    Rules of legislative interpretation by the legal institutions references regulations draft review process comments, approval of the Municipal Government announced.
    Legislative interpretation of the regulations and the rules shall have the same effect.
    42nd on specific applications of the rule implementation and interpretation by the authorities within the terms of reference concerned.
    Authorities explain difficulties or other relevant departments are divided over its interpretation, and requested the Government to explain, explained by the legal bodies involved major issues, comments by legal institutions, reported to the municipality for approval for an explanation. Article 43rd regulations implemented every three years, organ should be to evaluate their implementation and evaluation reported to the municipal government. Legal institutions when deemed necessary, can organize regulatory assessments.
    The main contents include: specification objects to rules understanding, acceptance, achievement of the goals of legislation, after the execution of enforcement costs, social costs and benefits, and problems in the implementation. 44th rule should be cleaned on a regular basis.
    Regulations has following case one of of, implementation organ or municipal government legal institutions should timely to municipal Government proposed modified, and abolition of recommends: (a) and legal, and administrative regulations or other upper method of provides phase conflict or not consistent of; (ii) by specification of matters objective situation occurred major changes of; (three) implementation organ occurred changes of; (four) according to Qian article provides for assessment Hou, think need modified, and abolition of; (five) other should modified, and abolition of case.
    Article 45th local regulations amendment, abolition of the draft text, and modify, repeal regulations with reference to these provisions.
    Seventh chapter supplementary articles article 46th compendium published regulations, rule of law institutions in accordance with the regulations published by the municipal government regulations relevant provisions. 47th article relating to or affecting trade in goods, trade in services, trade-related aspects of intellectual property rights regulations, drafting units should organize translation pursuant to the provisions of the World Trade Organization, language translation.
    Translations of regulations rule of law institutions audited by the city.
                                                                          48th article of the regulations come into force on November 1, 2007.