Key Benefits:
(Act No. 127 of 20 July 2006 of the People's Government Order No. 127 of Japan stream, effective 1 September 2006) Chapter I General Article 1 promotes the scientificization, normative, openization and quality of local legislation and regulations, in line with the provisions of the Law of the People's Republic of China (hereinafter referred to as the Legislative Act), the Regulations of the State Department of State (hereinafter referred to as the Regulations) and the Framework for the Comprehensive Promotion of the Implementation of the Law of the Judiciary, to develop this provision in conjunction with the actual provisions of this city. Article 2 refers to local legislation referred to in this Article, which refers to local legislation developed by the stream people's Government to the General Assembly of the People's Representatives of the Ben stream (hereinafter referred to as the city's Standing Committee). The regulations referred to in this provision refer to regulations developed by the Government of the people of the stream. Article 3 applies to the application of the draft local legislation, research, drafting, and consideration. The regulations apply to such work as research, drafting, review, decision, publication, filing, interpretation, clean-up. Article 4 (i) The provisions of national legislation, administrative legislation and provincial legislation mandates; (ii) To guarantee the implementation of constitutional, national legislation, administrative regulations and provincial legislation in this city; (iii) States and provinces have not yet done so. Article 5 may provide for: (i) Matters requiring regulations for the implementation of legislation, administrative regulations, local legislation; (ii) Matters relating to the specific administration of the city. Draft local legislation and regulations should be developed in accordance with the legislative principles established in the Legislative Act, the Regulations and the provisions of the Constitution and the law, legislation and regulations. In the area of economic legislation, the rules of the World Trade Organization should be governed by market economic regulations. From the actual needs of the city, the right and obligations of State executive bodies and citizens, legal persons and other organizations are reasonably regulated. Article 7. The Office of the Rule of Law of the Municipal Government is an integrated body for the rule of law of the municipal government and is responsible for the following work in the formulation of draft local legislation and regulations by the municipality: (i) The preparation of a legislative plan for the preparation of the draft annual local legislation and the preparation of legislative bills to the Standing Committee of the City following approval by the municipality; (ii) Preparation of annual legislative plans for the implementation of the post-commune government approval; (iii) The drafting or organization of draft local legislation and regulations by the Government of the Principality; (iv) Review, research and project effectiveness analysis of local legislation and regulations; (v) In reviewing the draft local legislation and regulations, the relevant sectoral observations are sought and addressed by law; (vi) Regulations, interpretation, clean-up; (vii) Regular evaluation of the regulations issued; (viii) Other relevant work in the preparation of draft local legislation and regulations. Article 8. The executive branch of the municipalities is the working sector to develop draft local legislation and regulations, with the following responsibilities in the legislative process: (i) To submit requests for annual legislative plans; (ii) Drafting legislative texts in accordance with legislative plans approved by the municipality; (iii) To seek advice from the relevant sectors and to conduct research and modifications, as requested by the Office of the Municipal Government; (iv) The drafting of local legislation and regulations describing materials and reporting to the Standing Committee and the municipalities, as required; (v) Regular clean-up of the regulations governing the drafting of the entry into force of this sector, in accordance with the arrangements of the municipality. Article 9. The preparation of draft local legislation and the development of regulations should include the financial budget of the sector. Chapter II Article 10 sets out the principle that the legislative plan is to adhere to, with emphasis on general legislation that is conducive to the economic development of the stream, address major social issues and maintain public order and public safety. Article 11. Local legislation formulation plans and regulations are developed annually by the Office of the Rule of Law of the Municipal Government to seek civil, legal and other organizations. Article 12. The relevant sectors, citizens, legal persons and other organizations of the municipal government have legislative interest and shall complete the Legislative Recommendations by 30 November each year (including the name of the statute or regulations, the drafting sector, the formulation of the purpose, the development of the basis, the evaluation of the effectiveness of the project and other key matters). The legislative application shall be made by the main heads of the sector and shall be reviewed by the Office of the Rule of Law of the Municipal Government after the consent of the Mayor of the chapter of the branch. Article 13 establishes an open system for legislative planning. Prior to the preparation of the annual legislative plan by the Municipal Rule of Law Office, legislative recommendations should be widely sought in the media, such as newspapers, radio stations, television stations. Following a full study of the application and legislative recommendations made by the Office of the Municipal Government, annual legislative plans are needed in accordance with the entire city's socio-economic development, which include the development of regulations and plans to be implemented after the approval of the municipal government; the development of local legislation plans, with the consent of the municipal government, are brought to the approval of the Standing Committee. Article 15 has been included in the National Commission's legislative plan or the local legislation and regulations project developed by municipal government regulations, and the departments responsible for drafting tasks must be organized in accordance with the legislative plan. As special circumstances do not complete the drafting mandate, written reports must be submitted to the municipal authorities in a timely manner; changes in local legislation projects are subject to approval by the Municipal Council after the consent of the Mayor. Article 16, which requires additional legislative projects for the work of the sector, must be submitted on the basis of a feasibility certificate to the Legislative Approval Table outside the current stream city plan, which may be included in the annual legislative plan, with the consent of the Office of the Municipal Government's Rule of Law. Drafting Draft local legislation and regulations are drafted by municipal government organizations. The municipal authorities may determine a joint drafting by one or several sectors, depending on actual needs, or may decide whether the drafting or commissioning of experts by the Office of the Municipal Government. Drafting bodies of draft local legislation and regulations should be designated or established by specialized groups for drafting. The name of the draft local legislation generally refers to “regulations”, which may also be referred to as “the approach”, as required. The name of the regulations generally refers to “the provision”, “the approach”, “the application of the rules”, but may not be referred to as regulations. Article 20 The regulations are subject to article, paragraph as a basic unit, and regulations may generally be added, without prejudice to chapter, section, paragraph. The median figures of chapters, sections and orders vary according to chapter, paragraphs are not structured, and the number of Chinese figures is shown in the table below, with the aim of using the Arabic figures. Article 21, draft local legislation, regulations and regulations should be structured in a clear, concise and accurate manner. Special mentions, earmarked terms, which should be interpreted as necessary. The content of draft local legislation and regulations should generally include: (i) Purpose, legal basis and principles formulated; (ii) Adjustment of target, scope and administration; (iii) The powers, duties and obligations of the executive branch and the relative rights and obligations of the administration; (iv) Specific administrative matters, procedures and legal responsibilities; (v) The need for the commission of administrative sanctions by organizations in compliance with statutory conditions should be made clear; (vi) The right to interpretation; (vii) The date of entry into force and the need to repeal local legislation, government regulations or documents. The draft local legislation may be specified in the context of administrative penalties, types and ranges provided for by law, administrative regulations or local legislation. The regulations may be specified in the context of the laws, administrative regulations or local administrative regulations of the province, the penalties, types and scope stipulated in local legislation. No laws, administrative regulations or provincial legislation have yet been developed, and local legislation imposes administrative penalties for violations of the administrative order may impose administrative penalties other than those restricting the liberty of the person and revocation of the licence of the business of the enterprise; regulations impose a warning or a certain amount of administrative penalties that impose the limits on the enforcement of the provisions of the Standing Committee of the People's Representatives of the Grand Lin Province. The content of draft local legislation and regulations should be consistent with the provisions of the Constitution and the law, administrative regulations and other superior laws and be consistent and relevant to the content of existing local legislation or regulations. Article 25 relates to the responsibilities of other sectors of the municipality or the draft local legislation or regulations that are closely connected with other sectors, the drafting sector should fully seek the views of the relevant sectors; the drafting sector should be incompatible with the relevant sector's views and should be fully consulted, and the consultations are still incompatible and should be explained when they are sent to draft local legislation or regulations. Article 26 Drafts of local legislation, regulations and regulations should be drafted in the light of the actual practice of the city, drawing on the experience of success in the field and listening to the views of the relevant organs, organizations and citizens. Article 27 introduces an expert legislative evidence system. The Municipal Government has established an expert accreditation committee to hire high-level experts in various disciplines, industries to justify or entrust the drafting of draft local legislation and regulations. The Office of the Committee of Experts is based in the Office of the Rule of Law of the Municipal Government. Article 28 introduces a legislative hearing system. The draft local legislation and regulations concerned the interests of citizens, legal persons or other organizations, with significant differences in views among the relevant organs, organizations or citizens, and the drafting sector should make public the draft to the society and seek the views of the various sectors of society; hearings could also be held. The hearings are organized in accordance with the following procedures: (i) The hearings were held in public. The drafting sector shall publish the time, place and content of the hearings by 30 days of the hearings and inform the Office of the Rule of Law of the Municipal Government in writing; (ii) The relevant organs, organizations and citizens participating in the hearings are entitled to question and comment on the draft local legislation or regulations drafted; (iii) The hearings should produce a record of the main points and reasons for the record of the speaker; (iv) The drafting sector should carefully study the views reflected in the hearings and, in the presentation of the review, should describe the treatment of the hearings and the reasons for them. After the draft local legislation and regulations were drafted, the drafting sector should write a drafting note. The drafting note should include the following: (i) Status and main issues to be regulated; (ii) Drafting of the purpose, necessity and legislative principles of local legislation or regulations; (iii) Major measures and their legal basis; (iv) The feasibility and expected effectiveness of implementation; (v) Treatment of views; (vi) Other issues that require clarification. Article 33 The drafting sector shall transmit the draft local legislation, regulations to the official documents, together with the following documents and materials to the Office of the Rule of Law of the Municipal Government of the Republic of Cyprus: (i) Draft local legislation or regulations to be delivered to the text and its electronic text; (ii) Draft local legislation or regulations to be delivered to the text and its electronic text; (iii) The main divergent views of the relevant organs, organizations and individuals on the draft local legislation, regulations for delivery, and the holding of hearings should be accompanied by a record of the hearings; (iv) The relevant legal texts are based on the basis of the tables and their electronic texts; (v) Other relevant materials. The draft local legislation, regulations and issuances should be signed by the executive heads of the drafting sector; several departments have co-drafted and should be signed by heads of departments. The material included, inter alia, summary observations, research reports, relevant national and international legislative information. Article 31 of the draft local legislation, the text of the rules of procedure, which is not in accordance with article 29 of the present article, article 33, may request the drafting branch to supplement the relevant missing documents and materials within 15 days. The drafting sector was not required to do so, and the municipal authorities' rule of law office could return the draft to the drafting sector's deadlines. Review of chapter IV The draft local legislation, the texts of the regulations, which are sent to the executive branch of the municipal government are responsible for the harmonization of the review. The municipalities should cooperate closely with the Municipal Government's Rule of Law Office to review and coordinate their work. Article XIII examines, inter alia, the draft local legislation, the texts of regulations, in order to be delivered: (i) In conformity with the legislative principles established; (ii) Whether or not the relevant local legislation, regulations are consistent with or communicated; (iii) Have the right to deal with the views of the relevant departments, organizations, citizens on the main issues of local legislation or regulations; (iv) In conformity with the technical requirements of the present provision relating to the draft local legislation and regulations; (v) Other elements requiring review. Article 34, draft local legislation and regulations are one of the following cases, and the municipal authorities' rule of law offices may be suspended or returned to the drafting sector: (i) The main system for local legislation, regulations and rules of delivery is disputed by the relevant bodies or departments, and the drafting sector does not consult with relevant bodies or departments; (ii) The submission of the report does not meet the development of draft local legislation, regulatory technical requirements; (iii) Changes in the basic conditions for the formulation of regulations are not appropriate for the enactment of regulations. Article XV of the Municipal Government's Office of the Rule of Law should send a preliminary review of the draft local legislation, a copy of the regulations and the main issues covered by them to the relevant organs, organizations and experts. Questions relating to the principal measures, the management system, the division of competence should be made by the relevant organs, departments and organizations, and the return to the State's Office of the Rule of Law, upon time frame. Article XVI should convene a coordination meeting with the participation of the relevant authorities to coordinate the issues covered in the draft local legislation, regulations and issuances, and in order to reach agreement, the main issues, the views of the sectors concerned and the decision of the municipality's Office of Rule of Law should be reported on the basis of the facts. The draft local legislation, the draft regulations, the texts of which refer directly to the interests of citizens, legal persons or other organizations, the organs, organizations or citizens concerned have important differences in their views, the drafting sector has not been made available to society in the drafting process or the holding of hearings, or the authorities of the municipal authorities are of the view that the necessary hearings are held once again, and the Office of the Rule of Law of the Municipal Government can be made public and the holding of hearings. The holding of hearings is conducted in accordance with the procedure set out in article 28 of this provision. The draft local legislation, the draft regulations, the texts of which were sent to the courts concerned important issues, and the Office of the Rule of Law of the Municipal Government should, if necessary, convene a colloquium, an opinion hearing and a study. At the time of the above-mentioned meeting, the drafting sector could be called upon to participate, provide information, listen and answer questions. Article 39, on the basis of a careful study of the various views, the Office of the Municipal Rule of Law made changes to the draft local legislation, the texts of regulations, the drafting of local legislation, regulations and the review of the draft. The review should include key issues to be addressed in local legislation or regulations, the main measures established, coordination with the relevant sectors, expert advice and the review of legal legislation against the situation. The drafting sector, in accordance with the draft local legislation, regulations established by the Office of the Rule of Law of the Municipal Government, reproduces a drafting note in accordance with article 29 of this provision. Article 40 Decisions and publication of chapter V Article 40 draft local legislation, regulations are discussed at the municipal council meetings or in plenary meetings. In considering draft local legislation and regulations, a drafting note by the Office of the Rule of Law of the Municipal Government may also be made by the drafting sector. Article 42, which was adopted by the principle of the Standing Conference of the Municipal Government, has been amended by the Office of the Rule of Law of the Municipal Government, in accordance with the consideration of the opinion, to be published in the form of the Order of the People's Government. The draft local legislation was considered by the Municipal Government following discussions at the Standing Committee meeting of the Municipal Government. Article 43 Orders for publication of regulations should include the establishment of organs, orders, titles of regulations, adoption of dates, date of application, mayors and date of publication. Article 44 shall be published within 30 days of the publication of the Regulations and shall be published in the full text of the Official Journal of the People's Government of the stream city and the stream. The text of the regulations published in the Journal of the People's Government of the Ben stream is the standard text. The regulations are not promulgated. Article 42 should be implemented after 30 days of the date of publication, but the publication would not be carried out immediately without prejudice to the application of the regulations and could be carried out from the date of publication. Chapter VI Status and interpretation Article 46, dated 30 days from the date of publication, is submitted by the Office of the Rule of Law of the Municipal Government, in accordance with the provisions of the Regulations and Rules of the State Department, to the Council of State, the Permanent Commission of the Greater Hindu Province, the Government of the Greater People and the Standing Committee of the City. Article 47 states that the right to interpretation is a city's Government, with one of the following cases being explained by the Office of the Rule of Law of the Municipal Government on behalf of the Government: (i) The provisions of the regulations require further clarity on specific meaning; (ii) A new situation after the regulations were developed would require a clear application. The review of regulatory interpretations is carried out in the light of the procedure for the review of the draft articles. The interpretation of the regulations is equally valid. The interpretation of local legislation is vested in the Standing Committee of the Municipalities, and specific procedures are governed by the relevant provisions of the Committee. Chapter VII Clearance Article 48 is responsible for organizing regulatory clearance. The relevant sectors of the municipal government should, in accordance with the prevailing laws and circumstances, provide timely clearance of the regulations governing the organization of the sector, report to the Office of the Government of the Rule of Law and clean up under the guidance of the Office of the Municipal Government. Article 49 states that: (i) Regulations are inconsistent with the newly published legal, administrative or other superior laws; (ii) The laws, administrative regulations or other superior laws that are based upon the regulations; (iii) The need for real work should be reduced or modified; (iv) replace old regulations with new regulations; (v) Other needs to be modified or repealed. Amendments to regulations are governed by procedures. The repeal of the regulations is subject to review by the Office of the Rule of Law of the Municipal Government and to the approval of the Government. Article 50 states that the Office of the Rule of Law of the Municipal Government is responsible for the compilation of local legislation and regulations, in accordance with the Regulations of the State Department. Chapter VIII Article 52 provides for the organization of the executive branch of the Municipal Government. Article 53 The Regulations and Rules of the People's Government of the Ben stream, issued on 27 June 1995, were repealed simultaneously (No. 21 of the People's Government Order No. 21. |
