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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(Henan provincial people's Government on June 26, 2007 the 185th Executive meeting on July 10, 2007, Henan provincial people's Government promulgated as of September 1, 2007, 107th) article in accordance with the People's Republic of China Law on legislation, the regulatory procedure Ordinance (promulgated by Decree No. 322) and the Henan provincial people's Congress and its Standing Committee of local legislative procedure, this provision is enacted.
    Second provincial people's Government Affairs Office is responsible for the provincial government to develop local regulations and regulatory work.
    Third provincial departments, provincial city people's Government need to be reported to the provincial government to develop local regulations and establish regulations, should be at the end of October of the year before next year's legislative proposals submitted to the provincial people's Government Affairs Office to apply for approval.
    To the Public Affairs Office of the provincial government can call for legislative proposals.
    Fourth provincial legislative Affairs Office of the legislative recommendations should be summarizing research projects, developing provincial legislative scheme next year and submitted to the approval of the provincial executive.
    Items that are not listed in the annual legislative programme, units that need development shall be made to the written report of the Legal Affairs Office of the people's Government of the province by the province people's Government Affairs Office audited organizations evaluation submitted to the provincial people's Government. The fifth local regulations, regulations at the provincial people's Government issued the annual legislation plan when drafting unit.
    Important legal relations or complex projects, you can determine the Legal Affairs Office of the provincial governments drafted or drafted.
    Drafting local regulations and rules could invite relevant experts and organizations, may also appoint experts, organize the drafting.
    Article sixth local regulations, regulations drafting units should implement leadership, staff and financial resources, develop draft plans and implementation. Article seventh draft local regulation, regulation should fully research demonstrates, listen to the views of relevant bodies, organizations and citizens.
    Reasonable views should be taken on controversial opinions should be full consultation, consensus cannot be reached after consultation, drafting units should be reported to local regulations, and draft regulations to explain the situation.
    The eighth article draft submitted to local regulations, the draft regulations shall submit the following materials: (a) draft the body; (b) the draft drafting instructions, and (iii) different opinions and consultations on key issues.
    Nineth annual legislation plan of drafting units should be in accordance with provincial arrangements and the demands of Legal Affairs Office of the people's Government of the province to finish drafting and submitted to the Legal Affairs Office of the people's Government of the province to review. Affairs Office of the provincial Government urged on implementation of the legislative programme should be strengthened.
    Drafter drafting tasks cannot be completed, shall submit a written report to the Legal Affairs Office of the people's Government of the province and to explain the situation.
    Tenth important local regulations and rules in drafting or review legislation project cost-benefit analysis should be carried out.
    11th article local regulations draft, and regulations trial draft has following case one of of, Province Government Legal Office can stride or returned drafting units: (a) developed local regulations, and regulations of basic conditions is not mature of; (ii) main content serious from actual or in legislation technology Shang exists major defects, need full adjustment and modified of; (three) major problem coordination inconsistent of; (four) should not be to local regulations, and regulations form released of.
    12th Affairs Office of the provincial Government shall be local regulations, draft regulations sent provincial government departments concerned, subordinate units of the people's Governments, and experts for comments.
    13th draft local regulations, the draft regulations directly related to citizens, legal persons or other organizations vital interests, the provincial legal Affairs Office of the people's Government through the Government Web site or other media for comments to the public, or in accordance with the procedures laid down in the regulatory procedure Ordinance hearing.
    14th draft local regulations, the draft regulations on important issues, Legal Affairs Office of the people's Government of the province should be held by the relevant units to participate in seminars, feasibility study meeting, listening, research and demonstration. 15th Affairs Office of the provincial government legal experts established libraries.
    Legal Affairs Office of the people's Government of the province in the local regulations, regulations draft studies on major issues, you can invite relevant expert advice demonstrates.
    16th the relevant departments of the local regulations, the draft regulations relates to the main measures have different views, the Division of management, permissions, Legal Affairs Office of the people's Government of the province should be coordinated; fail to reach an agreement, major, relevant departments should be opinions and views of the Legal Affairs Office of the people's Government of the province reported to the provincial people's Government for decision.
    17th Affairs Office of the provincial Government should carefully study all these views, to review the draft local regulation, regulation draft modification, formation of local regulations, the draft regulations and the review of the draft report submitted to provincial people's Government approval.
    18th draft local regulations and rules shall be subject to provincial executive meeting or plenary decision.
    19th provincial executive meeting or plenary session during the consideration of local laws, regulations, Legal Affairs Office of the provincial governments clarify relevant Department Chief to attend the meeting.
    Affairs Office of the provincial people's Government shall, in accordance with article 20th provincial executive meeting or plenary deliberations modifications to local laws, regulations, form the amended draft, Governor approval. Local regulations by the provincial Governor signed a Bill, attention of the provincial people's Congress or the Standing Committee of the provincial people's Congress for consideration.
    Regulations provincial order signed by the Governor to the public. 21st rule upon signing and promulgation, the Henan province people's Government Gazette and shall, within the 30th of the Henan daily published the full text.
    Regulatory texts provided by the General Office of the provincial government.
    In the Henan province people's Government Gazette published text of the regulations as a standard text.
    22nd regulation should come into force after the 30th from the date of promulgation; however, involves national security and released immediately after the execution could affect regulatory purposes, can come into force on the date of promulgation.
    23rd regulations shall be published in the 30th, Legal Affairs Office of the provincial governments in accordance with the People's Republic of China legislative law and the Archivist filing of regulations and regulations (promulgated by Decree No. 337) of the submitted to the State Council and the Standing Committee of the provincial people's Congress for the record.
    24th article relating to or affecting trade in goods, trade in services, trade-related aspects of intellectual property rights regulations, drafting units organized translation English translation.
    The English version of the regulations by the provincial people's Government Affairs Office audited. 25th regulation's explanation right belongs to the provincial government.
    Interpretation of the regulations with the regulations shall have the same effect.
    26th article local regulations, and regulations has following case one of of, Province Government Legal Office should timely proposed modified or abolition recommends: (a) according to of upper method has modified or abolition of; (ii) and new announced of legal, and administrative regulations or other upper method of provides inconsistent of; (three) specification of social field of objective situation occurred major changes of; (four) Regulations purposes situation after assessment need modified or abolition of; (five) other should modified or abolition of case. The 27th article of the regulations come into force on September 1, 2007.
                On July 26, 1986, released by the Henan provincial people's Government on the drafting of the local regulations and regulatory procedures for provisional regulations repealed simultaneously.