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Harbin Municipal Government Rulemaking Procedures

Original Language Title: 哈尔滨市政府规章制定程序规定

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(Adopted by the 9th ordinary meeting of the Government of the city of Hara, 13 July 2007, No. 163 of the People's Government Order No. 163 of 24 July 2007 on 1 September 2007)

Chapter I General
Article 1 establishes procedures for regulating government regulations to enhance the effectiveness of legislative work and to ensure the quality of legislation, in line with the relevant provisions of the Law on the Law of the People's Republic of China (hereinafter referred to as the Legislative Act) and the Regulations (hereinafter referred to as the Regulations) and in the light of the actual practice of the city.
Article 2 quaters, drafting, reviewing, deciding, publishing, interpreting, modifying and repealing the regulations of the present municipality apply.
Article 3 refers to the Government's regulations (hereinafter referred to as regulations), which are established by the municipal authorities in accordance with the prescribed procedures, in accordance with the provisions of the law, legislation and regulations, to regulate administrative acts, adjust the relationship between the executive branch and civil, legal and other organizations, and apply to normative documents that are generally binding within the city's administration.
Article IV establishes regulations that should be guided by the legislative principles established in the Legislative Act and the Regulations, in line with the requirements for the economic development of the socialist market and the transformation of government functions, effectively guaranteeing the legitimate rights and interests of citizens, legal persons and other organizations, highlighting local characteristics and operationality from the actual needs of the city.
Article 5 The municipal rule of law sector is responsible for organizing the implementation of this provision under the leadership of the municipal government, and planning, research, review, coordination and guidance for the development of regulations.
Chapter II
Article 6 shall establish regulations. The municipal rule of law sector, in early July, has requested regulatory projects to the municipal government-owned departments and districts, districts and districts (markets) Governments, which are of the view that regulations are needed and should be presented to the municipalities by the end of July for the next annual regulation.
Article 7. Civil, legal and other organizations may make proposals for regulations to the rule of law sector of the municipality through written form, such as letters, fax, e-mail, etc., and the rule of law of the municipal government can also make recommendations for publicizing regulations to society through the media.
The municipality's rule of law sector considers it necessary to carry out a proposal for an argument that could be organized by itself or transmitted to the relevant authorities of the city.
Article 8
Article 9 provides for an integrated, drafting and direct formulation of regulatory projects by the municipal authorities, which may form an argument with the relevant municipal authorities.
Article 10 quantification of the organization should seek the views of the relevant departments on the proposed regulations and projects, as well as provide an argument around the following aspects, and form the evidence report:
(i) The need for legislation, whether the content of the regulations is actually necessary for the economic and social development of the city, and whether the relevant issues must be addressed in a legislative manner, recognizing the need for legislative needs;
(ii) Legislative feasibility, whether the proposed principal system and measures are reasonable and operational, whether the current administrative system is justified and whether the legislative time is mature, and confirms the practical feasibility of the regulations;
(iii) Legislative effectiveness forecasts that there is a prediction of legislative effectiveness in terms of whether the main systems and measures to be established can effectively address problems that may arise after their application.
Article 11. Government-owned departments and districts, districts and territories (markets) shall be subject to a collective discussion of the decision to be signed by the principal holder and to submit a declaration of regulations, a preliminary draft of regulations, an evidentiary report, notes on safeguards and relevant legislative references.
Article 12
(i) The content of regulations does not go beyond the development of local government regulations and do not contradict the law;
(ii) The content of regulations should fall within existing laws, administrative regulations or local legislation in the province or in the city, the regulations of the people of the province are subject to only principled provisions, or the specific administration of the city's administration requires the regulation of the municipal government;
(iii) Legislative research and argument, with the necessary and feasibility of legislation, and legislative conditions mature;
(iv) A preliminary draft of regulations, specific content of the first draft of the regulations, a precise formulation, a preliminary set of key systems and measures, consistent with local practice and operationality.
Article 13. The municipal rule of law sector should review the application, establish regulations, hold expert advisory opinions, and seek advice from the Municipal Council, the Municipal Council, the Municipal Council and the relevant authorities of the city prior to mid-October the preparation of the next annual regulations development plan, which will be followed by the approval of the municipal government.
The first draft was not developed and a structured regulatory project was not included in principle in the next annual regulations.
Article 14. The annual regulation development plan is divided into formal projects, preparatory projects and research projects:
(i) Formal projects refer to legislative research and validation, which is necessary and feasible for legislation, which must be completed in the year;
(ii) Preparatory projects refer to legislative research and doctrines, which are necessary and feasible for legislation, such as mature, and aim at completing regulatory projects in the year;
(iii) Research projects refer to legislative imperatives, but conditions are not ripe for further study of regulatory projects.
Formal projects for the identification of annual regulations should be given priority to preparatory projects and research projects that have already been mature in the previous annual regulations.
Formal projects and preparatory projects included in the annual regulations development plan should clarify the drafting units of the draft regulations and the time for the review of the presentation of the official project, not later than the end of June of the year, be sent to the preparatory project no later than the end of July of the current year; include in the annual regulations development plan project, the application of the subsectors should be preceded by the end of August of the year's first draft of the research reports and regulations, which were not submitted on time, shall not be converted to the next year's formal project or preparatory project.
Article 15 shall be strictly enforced after the regulations are formulated. As a result of the economic development and social affairs management requirements in this city, additional regulatory projects will need to be added during the year, and the sectors of the project should submit additional regulations to the municipal authorities, in accordance with the requirements set out in the present Article, and, in accordance with Article 11 of the present provision, the relevant material will be presented by the municipal authorities' rule of law sector, which may be included in the current regulations.
Article 16 Implementation of the annual regulations development plan by the Drafting Unit, which incorporates the objectives of the rule of law-building objective of the work-mandated objective appraisal system.
Drafting
Article 17 shall be drafted by the competent department or sector with the corresponding functions. The municipal rule of law sector should provide the necessary legislative guidance and coordination for the drafting of regulations.
With regard to a number of functional departments or important and complex regulations, the municipality may determine whether a department is led by the relevant sector to co-draft or be developed by the municipal authorities' rule of law sector.
Drafting regulations may invite relevant organizations or experts to participate or to entrust the relevant specialized agencies, experts to draft or solicitation.
Article 18 The drafting cell shall designate a specialized person or establish a specialized drafting group responsible for drafting regulations.
Drafting units should complete the drafting process in accordance with the time frame required for the development of plans; the drafting cell should make written reports to the municipal authorities for reasons of the approval of the municipal government.
Article 19 Drafting units should conduct in-depth research, take stock of practical experience and widely listen to the views of the relevant departments, organizations and citizens, drawing on national and international legislative experience.
The drafting cell should organize a colloquium to listen carefully to the views of the relevant departments, grass-roots organizations and representatives, members of the political group and the relative executives. There was a need to hold a demonstration to hear the views of experts or other professionals involved in the event of major legal issues or special professional technical issues.
The drafting cell shall be open to the society for regulations that directly involve the interests of citizens, legal persons and other organizations.
Article 20 contains one of the following cases, and hearings should be held:
(i) Significant impact on the economic and social development of the city;
(ii) directly involve the interests of citizens, legal persons and other organizations;
(iii) There are significant differences of opinion;
(iv) Other circumstances requiring hearings.
Article 21 hearings should be organized in accordance with the procedure set out in the Harahama Legislative Hearing.
Regulations drafted in article 22 relate to other sectoral responsibilities, and the drafting cell should listen carefully to the views of other departments and make the initiative for coordination; the comments and regulations should be sent to the report without the coordination of agreement and should be presented in the drafting note.
In the drafting of regulations, the municipal rule of law sector could be involved in research, validation and advice.
The name of the draft of the regulations is generally referred to as “the provision”, “The approach”.
The content of the texts should be made in the light of the provisions. Article is a basic unit with a constant number of regulations in the Ministry. The following can be subsections, subparagraphs and targets. Nothing figures, subparagraphs and tabular figures. The content is more complex and can be divided, sections.
The draft regulations should be carefully structured so that the terms are accurate and concise, the provisions are clear, specific and operational.
Article 25 The drafting of a draft of the rules of procedure should take note of the links with the relevant laws, regulations and regulations. If the original municipal regulations are replaced by the newly drafted regulations, they must be repealed explicitly in the newly drafted regulations.
Article 26 Laws, regulations, provincial government regulations have already been specified and the texts are not in principle repeated.
Article 27 drafting regulations, while giving the necessary authority to the relevant administrative organs, should also provide for the conditions, procedures and responsibilities to be assumed in the exercise of their functions, as well as the regulatory measures and procedures established, which should be conducive to improving the efficiency of the work and facilitating the administration of the relative.
Article 28 shall be subject to review by the body responsible for the rule of law by the drafting body, which shall be signed by the drafting body, by a joint discussion of the decision by the principal holder; the joint drafting of the two units shall be submitted to the municipal authorities for review after the signature of the principal heads of units.
The drafting cell shall submit the following documents and materials in accordance with the number of copies requested by the municipal authorities' rule of law, in the event of the issuance of the draft regulations.
(i) To draw the review report;
(ii) The texts of the amendments and their electronic texts;
(iii) Drafting notes and electronic texts of the draft texts of the regulations;
(iv) A written opinion on the texts of the regulations, the organization and individuals, the convening of a warrant, the hearings, which should be accompanied by an authentication, a record of the hearings;
(v) The relevant legal basis;
(vi) Relevant legislative references.
The drafting note on the draft articles of the regulations should include the following:
(i) The need for regulations;
(ii) Status and problems of normative matters;
(iii) Procedures for drafting regulations;
(iv) The main systems, measures and their legal basis to be established;
(v) Contrary to the circumstances and the grounds for disagreement;
(vi) Other issues that require clarification.
Article 31 of the rules of delivery shall not be in accordance with article 29 and article 33 of the present article, and the municipal rule of law sector may require the drafting unit to supplement the relevant material within 10 days. The drafting unit does not require the addition of the relevant materials, and the rule of law sector of the municipal government can return the regulations to the drafting unit.
Review of chapter IV
Article 32 The municipal rule of law sector should review the texts of regulations from the following:
(i) In conformity with the basic principles enshrined in the Legislative Act and the relevant provisions of the Regulations;
(ii) Have coordination and interface with relevant regulations;
(iii) The correct and reasonable treatment of views;
(iv) In conformity with the legislative technical requirements under this provision;
(v) In conformity with the drafting process requirements under this provision;
(vi) Other elements to be reviewed.
In one of the following cases, the municipal rule of law sector may reproduce the drafting units to supplement:
(i) The main system set aside is either in practice or in a lack of operationality and needs to be revisited;
(ii) The existence of significant legislative deficiencies and the need for a comprehensive adjustment and modification;
(iii) There is greater controversy in the relevant sectors with regard to the principal system of the provision, and the drafting cell has not been consulted with the relevant sectors;
(iv) Changes in the basic conditions for the formulation of regulations are not appropriate for the enactment of regulations.
Article 34, the rule of law sector of the municipality should send a preliminary revised version of the regulations to seek in writing the views of the relevant municipal government departments and districts, districts and counties (markets).
In the case of sectoral and district, district (market) Governments seeking comments on regulations issued by the municipal authorities' rule of law sector, a change should be made through collective discussions, with the signing of comments by the main heads and the Gai chapter, returning to the Government's rule of law, as required, by time frames; the late non-return should be seen as having no input into the draft regulations.
Article XV is important or complex, and the rule of law sector of the municipal government should convene a colloquium, an expert's event, a hearing and a research argument.
The content of the texts of the regulations relates directly to the legitimate interests of citizens, legal persons and other organizations, and the rule of law of the municipal government considers it necessary to seek public advice from society or to hold hearings.
The rule of law sector of the municipality should collate and study the legislative advice sought, provide feedback through the media on the adoption of legislative advice, and provide reasons for the non-recognition.
The rule of law of the municipal government should preside over a coordination meeting to harmonize the texts of regulations, agree that it should not be agreed that the main issues, the views of the relevant sectors and the views of the municipal authorities in the rule of law should be presented to the municipal authorities.
The municipal government chiefs are of the view that they should be coordinated by their copies of regulations or directly by the municipal authorities' rule of law departments to request the heads of the municipal government to coordinate, and that the coordination meeting was convened under the leadership of the municipal government, with the responsibility of the municipal rule of law sector.
The coordination meeting was held to organize procedural organizations in accordance with the rules of the Conference, as set out in the Rules of the Conference, in accordance with the Regulations of the People's Government.
Article 338 should carefully study the views of all parties and, in consultation with the drafting units, amend the draft regulations, form the draft regulations and describe the draft. The clarification should include the need for regulations, the main issues to be addressed, the identification of key systems, measures and coordination with the relevant sectors.
The draft regulations and annotations were brought to the attention of the Standing Committee of the Municipal Government or the plenary after the collective discussion of the rule of law sector.
Decisions and publication of chapter V
The draft regulations should be considered by the Standing Committee of the Municipal Government or by the plenary.
The municipality does not consider any regulatory plan or has not been approved by the municipal authorities and has not been considered without the draft regulations for a unified review of the rule of law sector in the municipality.
In considering the draft regulations, a statement was made by the municipal authorities' rule of law.
The municipal rule of law sector or heads of the drafting sector are responsible for explaining the queries raised during the discussions.
Article 40 amends the draft regulations by the rule of law sector of the municipality in accordance with the deliberations of the Standing Committee of the Municipal Government or in plenary meetings, which is presented in the draft report requesting the Mayor to sign a government order and make it public.
The order for publication of the regulations should contain the establishment of organs, orders, regulations, dates adopted, date of application, signature of mayors and date of publication.
Article 42 should be implemented after 30 days of the date of publication, but it may be implemented since the date of publication because of the need for a significant public interest in the society or the absence of an immediate application of regulations.
Article 43, which was issued by the Mayor, is to be issued by the municipal authorities' rule of law, and the Communiqué of the Government of the city of Harhama, the Hara Day and the municipal government website should be issued in a timely manner.
The text of the regulations published in the Official Journal of the People's Government of Harhama is the standard text.
Following the publication of Article 44, the rule of law of the municipal government shall, in accordance with the provisions of the Legislative Act, the Regulations and Rules, make the texts and statements available to the Department of State, the Permanent Committee of the Provincial People's Representatives, the Provincial Government, the Standing Committee of the People's Congress and the Standing Committee of the Assembly.
Other provisions of chapter VI
Article 42 states that:
(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 regulations explain that the rule of law sector of the city is advised in accordance with the regulatory review process, and that it was issued through the Communal Government Bulletin of the city of Halkohama, upon approval by the municipality. Regulation interpretation is equally effective.
Specific application issues related to regulations are described by the relevant municipal authorities.
Article 46 governs the organization of regulatory clearance. The relevant sectors of the municipal government should be sent to the municipal rule of law, as required, for clearance of the regulations governing the organization.
Article 47 states that:
(i) The top law on the basis of the regulations has been amended or repealed;
(ii) The main elements of the regulations are replaced by the relevant superior law or other regulations;
(iii) The content of regulations that have been lost or regulated has not been adapted to the actual needs of society;
(iv) Other cases should be amended and repealed.
Amendments, repeals and regulations are implemented in accordance with the relevant provisions of the regulations.
The new text of regulations should be published in a timely manner, following changes in regulations.
Article 48 provides for a compilation of regulations by the municipal rule of law sector, in accordance with the Regulations editor's publication regulations.
Chapter VII
Article 49 elaborates the draft local legislation to be submitted by the municipality to the Assembly of the People's Representatives or its Standing Committee for consideration, taking into account the relevant provisions of this provision.
Article 50 The procedures set forth in the Regulations of the Government of the People of the city of Harhama, issued on 15 March 1996, were also repealed.