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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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(The 11th ordinary meeting of the People's Government of Shenung on 3 August 2006 considered the adoption of Decree No. 58 of 10 August 2006 No. 58 of the People's Government Order No. 58 of 10 August 2006 on 1 October 2006)

Chapter I General
Article 1, in order to build the rule of law government, regulate regulations and ensure the quality of regulations, develop this approach in line with the relevant provisions of the Law of the People's Republic of China and the Regulations of the Department of State.
Article 2 of this approach refers to normative documents that are widely applicable and universally binding in the present city's administration, in accordance with the competencies and procedures set out in the laws, regulations and this approach.
Article 3 establishes, publishes, submits, interprets, amends and repeals and applies this approach.
Article IV establishes regulations that must be consistent with the legislative principles established in the legislation, in accordance with the provisions of the Constitution, the law, administrative regulations and other superior laws, and ensure that the executive branch performs its duties in accordance with the realities of this city and guarantee the legitimate rights and interests of citizens, legal persons and other organizations.
Article 5 is the rule of law body of the Government of the city, which is the competent authority for the development of regulations and plans for the review of the draft regulations and the organization, coordination and management of regulations.
The Governments of the various regions, districts (communes) and the municipalities should be able to carry out the work of the draft regulations in accordance with their respective responsibilities, drafting, validating, signing and seeking advice.
Chapter II
The following matters may be regulated:
(i) The prior law authorizes the development of a means of implementation or rules;
(ii) The development of regulatory matters for the implementation of the provisions of laws, regulations;
(iii) Implementation of the decisions and orders of the State Department;
(iv) Specific administrative matters in the present administrative region.
Article 7.
(i) Specific work systems within the executive branch;
(ii) Administrative handling of specific matters;
(iii) Non-implementation and universal binding management matters.
Article 8 provides for a fee-free project and must be submitted in advance by the relevant departments of the Provincial Government.
Article 9 establishes an administrative licence project that must be specified in the context of the granting of administrative licences under the previous law; a specific provision may be made with respect to administrative licence conditions, but no additional conditions in violation of the superior law shall be added; and a specific provision for the implementation of administrative licences shall be accompanied by the terms, conditions, procedures, scope and duration of the administration.
Article 10 provides for administrative penalties necessary to ensure the implementation of regulations and must be specified within the scope of administrative penalties granted by the superior law, which does not provide for warnings and a certain amount of fines, but the amount of the fine shall not exceed the amount specified by the Standing Committee of the Provincial People's Congress.
Article 11 establishes administrative penalties that must specify the conditions, scope, type, scope and range of penalties. The laws, regulations have already been specified and regulations shall not be contrary to the principles set, scope and type.
Chapter III Form and content
The names of the Regulations include provisions, approaches, enforcement rules, enforcement methods, standards, rules, etc., but shall not be referred to as regulations or notices, notices, proclamations. A more comprehensive or partial provision for administrative work in a particular area, stating that “the provision”; a specific provision for administrative work in a particular area, referred to as “the approach”; a provision for the implementation of laws, regulations, “the application of rules” or “implementation”; a professional technical standard, normative provisions in administrative administration, “standard” or “rules”.
Article 13. In principle, no provisional agenda may be established.
The provisions of article 14 should include the formulation of purposes, the purpose of adjustments, the scope of application, the competent authorities, rights obligations, legal responsibilities and the date of implementation.
Article 15 provides in the form of a provision that may be divided into sections, subparagraphs and indicators. Where necessary, chapters and sections can be sub-chaptered.
The regulations should be structured in a clear sense that the word is accurate and word-friendly. There should be no use of ambiguities, concepts.
Regulation 16 is issued in the form of the Order of the People's Government.
Chapter IV
Article 17 The planned time is usually three to five years; the annual plan is organized by the municipal authorities' rule of law institutions in the fourth quarter of each year to organize the project for the various sectors of the Government of the city, with approval being discussed at the Standing Committee of the People's Government.
After the planning and planning of the regulations, all sectors of the city's government must be carefully organized. The rule of law institutions of the Government should strengthen monitoring and guidance on planning and planning implementation.
In accordance with the time frame set out in the plan and plan, the referral sector has not submitted reports on time and needs adjustments, which should be submitted in writing by the drafting sector and approved by the Government's rule of law institutions to review the approval of the Government of the city; and the authorities of the Government of the People's Republic of the Republic may also submit adjustments reports to the city's people on the basis of actual needs.
The drafting of regulations is undertaken by the sectors identified in the plan and plan. The drafting sector should establish a drafting group to determine a lead drafting exercise.
The content of the regulations relates to the responsibilities of more than two sectors, which could be established by a joint drafting group, which should generally be organized by the host sector as identified in the plan. Special cases or draft regulations that fall within the scope of the law may also be drafted by the authorities of the Government of the city or by the organization of drafting groups in the relevant sectors.
Drafting regulations may invite relevant experts and organizations to participate, or to entrust the relevant experts and organizations with drafting.
Article 20 Drafting regulations should conduct in-depth studies, summarize practical experience and widely listen to the views of the relevant organs, organizations and citizens. The hearings can take a variety of written requests, colloquiums, hearings and hearings.
Article 21, which governs the fundamental interests of citizens, legal persons, other organizations or bodies, organizations, citizens with significant differences in their views, may openly hold hearings. The hearings are organized in accordance with the following procedures:
(i) The drafting cell shall publish the time, place and content of the hearings by 10 years of the hearings;
(ii) The relevant organs, organizations and citizens participating in the hearings have the right to raise questions and comment on the main issues covered by the draft regulations;
(iii) The hearings should produce a record of the main points and reasons for the record of the speaker;
(iv) Drafting units should carefully study the views reflected in the hearings and provide information on the adoption of the hearings and the reasons for them when the draft regulations are reviewed.
The content of draft article 2 relates to operations and responsibilities in other sectors, and the drafting sector should seek the relevant sectoral advice. The sectors that have been consulted should submit a revised response to the drafting sector within 15 days of receipt of draft regulations; the late response should be seen as unconceptive.
The draft regulations should be carefully revised by the drafting sector after consulting the draft regulations. There were disagreements, which should be coordinated and agreed; after coordination, agreement could not be reached, and the drafting sector should indicate the circumstances and the reasons for the draft regulations.
Draft regulations to be submitted for review should be signed by the main holder of the drafting cell; draft regulations, co-drafted by several drafting units, should be signed by the main heads of the drafting units.
Draft regulations to be reviewed by the authorities of the Government of the People's Republic of Bolivia should include:
(i) Draft regulations;
(ii) Drafting notes, including background information, purpose, need, feasibility, basis, drafting, research, interpretation of key provisions and questions requiring clarification;
(iii) Changes in the relevant sectors;
(iv) Relevant information on the law, legislation and regulations on which the draft regulations are drafted;
(v) Legal, legislative basis against the table;
(vi) Developing cost-benefit analyses of regulations;
(vii) Other material to be delivered.
Article 25, in conformity with the draft regulations before article 24 of the present approach, the State's rule of law body convened, on a case-by-case basis, a colloquium, accreditation, a hearing to be fully heard or, through the media and the Government's rule of law website, to make public inquiries into society as a whole. Review of:
(i) The draft is in conformity with the principles set out in article IV of this approach;
(ii) The draft is in accordance with the content requirements set out in chapters II and III of this approach;
(iii) Whether the draft is coordinated and communicated with the relevant regulations;
(iv) The content of the draft would be practical and feasibility for the work of the region and the sector;
(v) Whether the opinion is comprehensive, whether the differences are coordinated or, if any, the facts.
Article 26 was reviewed and the draft regulations were as follows:
(i) Accreditation or a lack of comprehensive consultation, resigning to the Drafting Group or seeking advice;
(ii) Considerable changes to the principles and content that are not in line with the provisions of this approach, which may be redrafted or modified by the drafting sector;
(iii) If circumstances change are not required or should be suspended, it should be sent to the drafting sector for reasons or back to its draft articles.
Following the adoption of the draft regulations, the State's rule of law institutions should complete the trial mandate within two months, with the consent of the Mayor and the Deputy Mayor of the Minister, to be brought to the attention of the Standing Committee or the plenary. In considering the draft regulations, a statement was made by the rule of law institutions of the Government.
Article 28 of the Regulations is signed by the Mayor and published in the Official Journal of the People's Government and in the newspapers issued within the city's administrative region. Where necessary, the Government of the city may organize press conferences in the relevant sectors, or through other forms of publicity.
Within 30 days of the publication of the Regulation, the authorities of the commune of the communes should submit their copies to the Office of the Rule of Law of the State Department, the Permanent Council of the Provincialities, the Government of the Provincial People and the Municipal Council.
Chapter V Clearance and interpretation
Article 31 should be cleared on a regular basis. Clearing is carried out by the authorities of the Government of the city.
Article 31 amends or repeals, generally by the executive branch of the organization, and by the authorities of the communes, the Government of the city decides.
The regulations that need to be repealed are repealed by a decree of the Government of the city.
The procedures for revising regulations are governed by the procedures established under this approach.
The legislative interpretation of article 32 is made by the authorities of the commune government to explain their opinions and is published with the approval of the Government.
The interpretation of the regulations is equally valid.
A year after the implementation of the regulations, the executive body should conduct regular assessments of its implementation and report on the Government of the city.
Annex VI
Article 34 of the Government of the city brings the draft local legislation considered by the Standing Committee of the Municipalities and the announcements issued on behalf of the Government of the city, taking into account the procedures set out in this approach.
Article 55 of this approach is implemented effective 1 October 2006. The provisional provision of the Shelter People's Government for drafting, developing draft local legislation and administrative regulations, which was published on 18 January 1986, was also repealed.