Shenyang Municipal Government Regulatory Approach

Original Language Title: 沈阳市人民政府规章制定办法

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(August 3, 2006, Shenyang city people's Government, the 11th Executive meeting on August 10, 2006, Shenyang city people's Government promulgated as of October 1, 2006, 58th) Chapter I General provisions article in order to build a Government ruled by law, standardize regulatory procedures, guarantee the quality of regulations, according to the People's Republic of China Law of legislation and procedures Ordinance the relevant provisions of the regulations of the State Council, combined with the city's actual, these measures are formulated.
    Article II regulations in these measures refers to the municipal people's Government in accordance with laws and regulations and these rules of jurisdiction and the procedures established within the administrative area of the city is widely, generally binding normative documents.
    Third rule development, publication, record, interpret, amend and repeal procedures apply.
    Article fourth formulation of rules must follow the legislative process to determine the legislative principles, in line with the Constitution, laws, administrative regulations and other higher-level law provisions, administrative agencies shall fulfill their duties; must conform to the actual situation of the city, and protect the legitimate rights and interests of citizens, legal persons and other organizations.
    Fifth of municipal legislative affairs work of the Agency is the regulatory authority responsible for planning and regulatory plan, review of the draft regulations and the rulemaking process in the Organization, coordination and management.
    District, County (City) municipal people's Government and municipal departments shall, in accordance with their respective responsibilities, complete the investigation and of the draft regulations, the drafting, justification, sign and ask for advice, and so on.
    Chapter II scope of permissions and sixth the following regulations: (a) the upper law authorizes the development of implementing measures or rules, and (ii) for the implementation of the provisions of laws and regulations need to develop regulatory matters and (iii) implementation of the decisions and orders of the State Council; (d) belong to the administration of specific administrative matters.
    Article seventh the following matters shall make regulations: (a) the system of administrative organs work; (b) the administrative processing of specific services and (iii) do not have executive and generally binding management matters.
    Eighth rule set fees, must be submitted to the approval of the relevant departments of the provincial government.
    Nineth regulation establishing administrative license for the project, must be in the upper law setting administrative license within the scope of the specific provisions; administrative licensing conditions can be specified, but not other conditions for additional contravenes a law; specific provisions for the implementation of administrative licensing shall require the implementation of administrative licensing organ, conditions, procedures, management of scope and duration.
    Tenth article to ensure the regulations necessary for the implementation of administrative punishments must be established by the upper law specific provisions within the administrative penalties; superior law did not provide, you can set the warning and a fine of an amount, but the amount of the fine shall not exceed the amounts prescribed by the Standing Committee of the provincial people's Congress. 11th rule set administrative penalties, provisions must be clear conditions, scope, types, and the imposition of penalties.
    Has been defined by laws and regulations, and rules shall not be inconsistent with the type, amplitude, of the principles set forth. 12th chapter form and content rule name include, approaches, regulations, measures and standards, rules, and so on, but not said regulations or notices, circulars, advertisements.
    On a while of administrative work do compared full or part of provides, said "provides"; on a while of administrative work do specific provides, said "approach"; for implementation legal, and regulations and made of provides, said "implementation rules" or "implementation approach"; on administration in the of professional technology standard, and specification of provides, said "standard" or "rules". 13th rule shall make trial.
    In principle shall not make an interim.
    14th regulation should include: development purpose, object, scope, authority, rights, obligations, liability and execution dates. 15th regulations with the provisions of section form, can be divided into paragraphs, items, accounts.
    If necessary, can be divided into chapters and sections. Regulations should be structured, clear, and accurate terms, writing concise.
    Shall not use ambiguous words and concepts.
    Regulation of 16th article published as a municipal people's Government. Chapter fourth program 17th municipal people's Government, according to the city's economic construction and social development required to prepare annual regulatory plans.
    Normal planning time is 3-5 year; annual plan for rule of law institutions in the fourth quarter of each year by the City Government started to organize municipal people's Government departments to submit projects, after the preparation of the draft plan, discussed by the Standing Committee of the municipal people's Government for approval. 18th regulation plan and approval of the plan, the municipal people's Government departments must seriously implement.
    Municipal people's Government legal agencies should strengthen the planning and oversight and guidance to the implementation plan.
    Reporting departments time to submit legislation in accordance with planning and scheduling projects, did not report on time and need to be adjusted, written report shall be submitted by drafting departments, municipal agencies to review submitted to the municipal people's Government with the consent of the legal system; municipal people's Government legal agencies in accordance with actual needs, adjustments report to the municipal people's Government. Article 19th regulations drafted by the planning and projects identified in the sector.
    Drafting departments shall establish a drafting group to determine the head of leading the drafting work. Regulations covering two or more departments, you can set up a joint drafting groups, joint drafting team should generally be by planning and hosting sector organizations identified in the plan.
    Special circumstances or to draft global regulation, or by the municipal people's Government legal agencies drafted or organize relevant departments to set up a drafting group drafted.
    Drafting of regulations may invite the participation of relevant experts and organizations, or may entrust drafting of relevant experts and organizations. 20th draft regulations should be thorough investigations and studies, sum up experience, listen to the views of relevant bodies, organizations and citizens.
    Hearings may be in written comments, forums, feasibility study meeting, hearing and other forms. Article 21st draft regulations on citizens, legal persons and other organizations vital interests or other relevant organs, organizations, citizens have major differences of opinion, draft can be held in public hearings. Hearing in accordance with following program organization: (a) drafting units should in held hearing of 10 recently announced hearing of time, and locations and content; (ii) participate in hearing of about organ, and organization and citizens on regulations draft involved of problems, right to questions and published views; (three) hearing should making record, truthfully records spokesman of main views and reason; (four) drafting units should seriously research hearing reflect of various views, and in submitted regulations draft review Shi,
    Description of the adoption of the opinion and the reasons for the hearing. 22nd draft regulations concerning the operations and responsibilities of other departments, the drafting Department shall consult the relevant departments.
    Consulted departments shall, upon receipt of the draft regulations propose amendments within the 15th back to drafting sector; fails to reply, regarded as no comments. After the 23rd draft regulations for comments, draft sector should be seriously modified.
    There are differences of opinion should be coordinated, consensus through coordination, agreement cannot be reached, drafting Department in the report shall be given to the draft regulations and the reasons for it.
    Submitted to the review of the draft regulations, it should be signed by drafting unit in charge; some drafted units jointly drafted the draft regulations should be signed by heads of the several main drafting units.
    24th article submitted city government legal institutions audit handle of regulations draft should including: (a) Regulations draft; (ii) drafting description, including developed of background information, and purpose, and need, and feasibility, and according to, and drafting, and research situation, on main terms of explained and the need description of problem,; (three) related sector of modified views; (four) drafting regulations draft by according to of legal, and regulations, about information; (five) legal, and regulations according to table; (six) developed regulations of cost benefits analysis report;
    (VII) other materials to be submitted. Provisions comply with article 24th of this approach accepted by the 25th of the draft regulations, municipal people's Government legal agencies convened under the circumstances by the organs, organizations, citizens and the participation of experts in seminars, feasibility study meeting, hearing and listened to opinions, or through the news media and government legal Web site for public comment.
    And on following matters for review: (a) draft whether meet this approach fourth article by provides of principles; (ii) draft whether meet this approach second chapter and third chapter by provides of content requirements; (three) draft whether and about regulations phase coordination, and convergence; (four) draft content whether meet this area and this sector of work actual, whether has feasibility; (five) consulting views whether full, differences views whether coordination consistent or truthfully description situation.
    26th article by review, regulations draft has following situation of, by city government legal institutions for following processing: (a) sign or consulting views enough full of, returned drafting sector added sign or consulting views; (ii) on not meet this approach provides of principles and content need for larger changes of, can proposed views, by drafting sector again drafting or modified; (three) for situation changes not need developed or should suspended developed of, should to drafting sector description reason or returned its draft trial pieces. 27th draft rules after accepting, city Legislative Affairs Agency shall, within two months of completion of undertaking the task, after the consent of the competent Vice Mayor and Deputy Mayor, drew attention to the Standing Committee of the municipal people's Government, or for consideration in plenary meeting.
    Consideration of the draft regulations, OIA description by the municipal people's Government legal agencies. 28th rule signed by the Mayor and municipal bulletins and within the administrative area of the city newspaper to be published. If necessary, the municipal people's Government may organize relevant departments held a press conference announced that can also use other forms of publicity.

    Article 29th after the publication of the regulations in the 30th, city Legislative Affairs Agency shall provide to the Legislative Affairs Office of the State Council, the provincial people's Congress, provincial people's Government, and submitted to the NPC Standing Committee for the record. Fifth chapter clean up to the 30th rule interpretation should be cleaned on a regular basis.
    Cleanup implementation by the municipal people's Government legal agencies.
    31st of the amendment or repeal of regulations, implemented by the Organization Department, municipal people's Government legal agencies for review, submitted to the municipal people's Government for decision.
    Need to repeal the regulation annulled by the City Government.
    Procedures for amendment to the Constitution, according to the procedures as provided herein.
    32nd legislative interpretation of the regulation by the city Legislative Affairs Agency explained, approved by the municipal people's Government announced.
    Interpretation of the regulations with the regulations shall have the same effect.
    33rd regulation one year after the execution, implementation authorities shall regularly evaluate their implementation and assessment report municipal people's Government.
    Sixth chapter supplementary articles article 34th municipal people's Government drew attention to the municipal people's Congress of local regulations and notices published on behalf of the municipal people's Government, and with reference to these rules of procedure. 35th article of the rules take effect on October 1, 2006.
                                                                                                      Published on January 18, 1986 execution of the Shenyang city people's Government on the drafting of draft, enact local regulations and provisional regulations on administrative regulations (Shen Zheng [1986]9) repealed simultaneously.