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Henan Provincial People's Government, Formulate Local Regulations And Regulatory Procedures

Original Language Title: 河南省人民政府拟定地方性法规草案和制定规章程序规定

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(Adopted by the 185th ordinary meeting of the Government of the Southern Province, 26 June 2007, No. 107 of the People's Government Order No. 107 of 10 July 2007 (Act No. 107 of 10 July 2007)

Article 1 establishes this provision in accordance with the Legislative Act of the People's Republic of China, the Regulations and Rules (State Order No. 322) and the provisions of the Congress of People's Representatives of the Southern Province and its Standing Committee local legislative procedures.
Article 2
Article 3. All branches of the Government of the province, the provincial government of the population, will need to report on the draft local legislation and regulations prepared by the Provincial People's Government, which shall apply for the next year by the end of October.
The provincial Government's Office of the Rule of Law can openly identify legislative recommendations to society.
Article IV. The Office of the Government of the Provincial People's Rule of Law should conduct a summary of the legislative recommendations project, prepare the next annual Government's legislative plan and report on the implementation of the provincial Government's approval.
Project not included in the annual legislative plan, the relevant units believe that it is urgent to prepare a written report to the Office of the Government of the Provincial People's Rule of Law, which is validated by the Government of the Provincial People's Republic of the Judiciary.
Article 5 A complex project of important or legal relations could be identified as drafted or organized by the Office of the Provincial Government of the Rule of Law.
Drafting of local legislation, regulations may invite relevant experts, organizations to participate, or experts, to organize drafting.
The units responsible for draft local legislation and the drafting of regulations should follow up on lead responsibilities, staff and funding, develop drafting plans and organize implementation.
Article 7. Draft local legislation, regulations and regulations should be fully developed to widely capture the views of relevant bodies, organizations and citizens. A reasonable opinion should be adopted; there should be sufficient consultation on the disputed opinion, which could not be agreed, and the drafting cell should provide information on the draft local legislation, the draft regulations and the issuance of the draft articles.
Article 8
(i) The text of the communication;
(ii) A drafting note on the draft text;
(iii) Different views and consultations on key issues.
Article 9. The drafting cell shall complete the drafting process on time, in accordance with the arrangements for the annual legislative plan of the Government of the Provincial People and the requirements of the Office of the Rule of Law of the Provincial Government.
The Office of the Government of the Provincial People's Rule of Law should strengthen the promotion of the implementation of the legislative plan. The drafting cell could not complete its drafting mandate on time and should submit written reports and clarifications to the Government's Office of the Rule of Law.
Article 10. Important local legislation, regulations should be developed or reviewed in a cost-benefit analysis of legislative projects.
Article 11
(i) The basic conditions for the development of local legislation, regulations are not ripe;
(ii) Major elements are significantly separated from actual or significant gaps in legislative technology and need to be fully adapted and modified;
(iii) Coordination of critical issues;
(iv) It is not appropriate to make local legislation, regulations.
Article 12 The Office of the Government of the Provincial People's Rule of Law should send draft local legislation, regulations to the provincial authorities concerned, the lower-level people's Government, relevant units and experts to seek advice.
The draft local legislation, the text of the rules of procedure, directly involving the interests of citizens, legal persons or other organizations, may also be held in public consultation with society through the Government's Rule of Law website or other media, in accordance with the procedures set out in the Regulations.
Article 14. The draft local legislation, the texts of the regulations dealing with important issues, and the Office of the Rule of Law of the People's Government of the province should convene a colloquium, analyst, a hearing and a study.
Article 15. The Office of the Provincial Government of the Rule of Law established the Government's Advisory Group on Rule of Law. In conducting a study on key issues related to the draft local legislation, the Office of the Government of the Provincial People's Rule of Law may invite relevant expert advice opinions.
Article 16 differs from views on the main measures involved in the draft local legislation, the regulatory system, the division of competence, which should be coordinated by the Government's Office of the Rule of Law; there should be no agreement on the main issues, the views of the relevant departments and the views of the provincial Government's Office of the Rule of Law.
Article 17 The Office of the Government of the Provincial People's Rule of Law should carefully study the views of the various parties, review the draft local legislation, regulations and draft texts, form local legislation, draft regulations and review reports on the draft, and submit them to the Government of the province for review.
Article 18
Article 19
Article 20 should be amended by the Office of the Government of the Provincial People's Rule of Law by considering the views of the Provincial Government's Standing Assembly or the plenary to draft local legislation, regulations and rules, and to form a draft amendment to the draft, with the approval of the governor.
The draft local legislation was signed by the governor and brought to the attention of the General Assembly or the House of Representatives to the General Assembly. The regulations are made public by the signing of the decree by the governor of the Provincial People's Government.
Following the publication of the Regulations, the Official Journal of the People's Government of the Southern Province and the Southern Day of the River shall be published in full 30 days. The text of the regulations is provided by the Government of the province.
The text of the regulations published in the Official Journal of the People's Government of the Southern Province is the standard text.
Article 2 should be implemented after 30 days of the date of publication; however, with regard to national security and the non-exclusive application of regulations, which may be applied from the date of publication.
Article 23 should be submitted to the General Assembly of Permanent Representatives of the State Department and the Provincial People's Congress, in accordance with the provisions of the Legislative Act of the People's Republic of China and the Regulations (No. 337), within 30 days of the date of publication.
Article 24 regulates or affects the trade, trade in services and trade-related intellectual property of goods, and is organized by the drafting cell for translation into English.
The English translation of the regulations is currently validated by the Office of the Provincial People's Rule of Law.
Article 25. The right to interpretation is the Government of the Provincial People. The interpretation of the regulations is equally valid.
Article 26
(i) The law based on top law has been amended or repealed;
(ii) Be inconsistent with the provisions of the new laws, administrative regulations or other superior laws;
(iii) Significant changes in objective conditions in the normative social sphere;
(iv) The application of regulations has been modified or repealed by the assessment;
(v) Other cases should be modified or repealed.
Article 27 The provisional provisions on the drafting of local legislation and the development of regulatory procedures, issued by the Government of the People of Southern Province on 26 July 1986, were also repealed.