Benxi Municipal Government Draft Local Laws And Regulatory Procedures

Original Language Title: 本溪市人民政府地方性法规草案和规章制定程序规定

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(July 20, 2006, Benxi City, Government makes 127th, announced since September 1, 2006 up purposes) first chapter General first article for promote legislation work scientific, and standardized, and open, improve developed local regulations and regulations quality, according to People's Republic of China legislation method (following referred to legislation method), and State regulations developed program Ordinance (following referred to Ordinance) and full advance law administrative implementation platform for, provides, combined this city actual, developed this provides.
    Second local regulations in these rules refers to Benxi Municipal Government drew the Benxi municipal people's Congress (hereinafter the city) or a Standing Committee (hereinafter referred to as the city people's Congress Standing Committee) to develop local regulations.
    Regulations in these rules refers to rules enacted by the people's Government of Benxi City.
    Article of the draft local regulation item registration, research, draft, draw attention to review the application of this provision.
    Regulatory project, researching, drafting, review, decisions, publication, record, interpret, cleanup work, such as the application of this provision.
    Fourth in local regulations can be made on the following provisions: (a) national laws, administrative regulations and local regulations mandated by the province, and (b) to ensure the Constitution, national laws and administrative regulations and local regulations in this city of the province, (iii) country and province, not legislative, operational needs in the city.
    Fifth rule can be made on the following provisions: (a) for the implementation of laws, administrative regulations, local regulations require regulatory matters, (ii) belonging to the city's administrative matters. Article sixth formulating local laws and regulations should be in accordance with the legislation of the draft Act, the Ordinance the legislative principles, in line with the provisions of the Constitution and the laws and regulations. In terms of economic legislation, should follow the rules of the World Trade Organization, adapted to market economy requirements.
    From the city's actual needs, scientific and reasonable administrative organ of the State power and responsibility and the rights and obligations of citizens, legal persons and other organizations.
    Seventh article municipal government legal office is municipal government legal work of integrated do institutions, in municipal Government developed local regulations draft and developed regulations aspects, is responsible for following work: (a) prepared annual local regulations draft of legislation plans, reported to the municipal government approved Hou, developed to city Standing Committee proposed of legislation motion; (ii) prepared annual regulations legislation plans, reported Municipal Government approved Hou organization implementation; (three) generation municipal government drafting or organization about sector drafting local regulations draft and regulations;
    (Four) on local regulations draft and regulations for review, and research argument and project benefits analysis; (five) in review local regulations draft and regulations process in the, sought about sector views and law made processing; (six) Regulations record, and explained, and cleanup work; (seven) on released purposes of regulations regularly for evaluation; (eight) in developed local regulations draft and developed regulations process in the of other about specific work.
    Eighth article Municipal Government the administration sector is developed local regulations draft and regulations of work sector, in legislation process in the has following responsibility: (a) proposed annual legislation plans application; (ii) according to municipal government approved of legislation plans drafting legislation text; (three) sought related sector views, and according to municipal government legal Office of requirements for argument, and research and modified; (four) drafting local regulations and regulations description material, and by requirements respectively to city Standing Committee and municipal government report;
    (E) according to the unified arrangements of the municipal government, the Department drafted regulations in force does conduct regular clearance.
    Nineth prepare the draft local laws and regulatory requirements should be included in the budget of the Department.
    Chapter project article tenth legislative proposals should adhere to the principle of less, legislative focus in Benxi, conducive to economic development, to solve major social problems as well as in the maintenance of public order and public security, strictly control regular legislation.
    11th plan plans of local laws and regulations, by the Legislative Affairs Office of the municipal government, in consultation with citizens, legal persons and other organizations on the basis of prepared once a year.
    12th municipal government departments, citizens, legal persons and other organizations have the legislative intention, should be completed before November 30 of each year of the legislative proposals (including regulations and rules, drafting departments, making the name of purpose, basis, project performance evaluation report and other key matters).
    Department legislative application, should be signed and stamped with the seal of the Department in charge of the Department in charge of the Mayor's endorsement, by the Legislative Affairs Office of the municipal government review summary. 13th prepared legislative plans into the system.
    Legislative Affairs Office of the Municipal Government before the preparation of the annual legislative programme should be in newspapers, radio stations, television stations and other news media to solicit proposals.
    14th Legislative Affairs Office of the Municipal Government on project applications and legislative recommendations for the full investigation and verification, according to the city's socio-economic development requires the preparation of an annual legislative programme, including: regulatory plan approved by the municipal government organization draft local regulation plan approval by the municipal government, drew attention to the approval of the municipal people's Congress for deliberation. 15th has been included in the municipal people's Congress legislative plans or projects of local laws and regulations of the regulatory scheme of the municipal government projects, undertake the task of drafting sector must be implemented according to plan.
    Unable to complete the task of drafting for special circumstances, must promptly report to the municipal Governments submitted written; change projects in local regulations, subject to the concurrence of the Mayor brought to the municipal people's Congress Standing Committee for approval.
    16th sector because of work, additional legislative project must be based on the feasibility study, completing the planned legislation, Benxi City form, examined by the Legal Affairs Office of the Municipal Government agreed, reported to the mayor or Deputy Mayor for approval, shall not be included in the annual legislative programme. Chapter drafted 17th draft local laws and regulations drafted by the municipal government.
    According to the actual needs of the Municipal Government to determine one or several joint drafting, drafting or can also be decided by the Legislative Affairs Office of the municipal government organizations commissioned experts to draft.
    Drafting Department of the 18th draft local laws and regulations, shall designate or set up a special group in charge of drafting work.
    19th draft local regulations generally refer to the name of "regulation" can also be called as needed "approach", "provisions".
    Name of the regulations generally refer to "rules", "way", "rules", but not Bill.
    20th to articles and paragraphs of the draft local regulations as a basic unit; required by its content, you can set chapters, sections, articles, paragraphs can be added,.
    Regulations section, as the basic unit, and regulations are generally not divided into chapters, sections, articles, paragraphs can be added,.
    Serial numbers of the chapters, sections, articles with Chinese number sequentially, not numbered, ordinal in Chinese digital bracket order in order to sequentially number in Arabic numerals. 21st local regulations and rules should be structured, clear, the text is concise and accurate terms.
    In particular, special term, should make the necessary explanations.
    22nd article local regulations draft, and regulations of content General should including: (a) developed of purpose, and legal according to and principles; (ii) adjustment object, and applies range and administration organ; (three) administration organ of terms, and duties and obligations, administration relative people of right and obligations; (four) specific administration matters, and program and legal responsibility; (five) need delegate meet statutory conditions of organization implementation administrative punishment of, should made clear provides; (six) explained ownership;
    (G) the date of entry into force and repealed local laws, government regulations, or file you want.
    23rd draft local regulations in the laws, administrative regulations or local regulation of administrative punishment, types and ranges within the context of specific provisions.
    Regulations in the laws, administrative regulations or local administrative regulations, local regulations and penalties Act, specify the type and range.
    Not to make laws, administrative regulations, local regulations, or province, local regulations for violations of administrative order can be set in addition to the restriction of personal freedom and revoked business license of administrative penalties regulations for acts that violate the order of administration, you can set a warning or a fine amount of administrative penalties, penalty limit implementation of the relevant provisions of the Standing Committee of the Liaoning Provincial people's Congress.
    24th draft local laws and regulations shall be consistent with the constitutional and legal provisions, administrative regulations and other upper law and compatible with the existing local laws or regulations and cohesion.
    25th article involving other departments of the municipal government or local regulations or regulations of other departments closely, drafting should be full consultation with the relevant sectors of the drafting Department and related departments disagree should be full consultations, consultations are still inconsistent, to be submitted to the local regulations or draft regulations explained.
    Article 26th drafting local regulations and rules, drafting of the sector should be combined with the city's actual extensively learn from successful experiences in the field, listen to the views of relevant organs, organizations and citizens.
    Article 27th expert demonstration system of legislation.
    Municipal Government has set up expert committees, hired senior in experts in different disciplines and industries, demonstration, or delegate the drafting of draft local laws and regulations.
    The experts Committee Office in the Legislative Affairs Office of the municipal government.
    28th legislative hearing system. Local regulations and rules concerning citizens, legal persons or other organizations vital interests, related bodies, organizations or citizens have major differences of opinion, drafting departments should publicize the draft to solicit views of the community; or hearing. Organization hearings in accordance with the following procedures: (a) the hearing be held in public. Drafting departments should be held a hearing in 30 days before the public hearing time, place and contents, and in writing notify the Legislative Affairs Office of the municipal government;

    (Ii) participation in hearings by the relevant authorities, organizations and citizens to draft local laws or regulations, the right to ask questions and express their views, (iii) a record shall be kept of the hearing record of spokesman of the main views and reasons and (iv) drafting departments should seriously study the hearing reflected a variety of views submitted for review, shall state the views of the hearing dealing with the situation and the reasons for it. 29th draft local regulations and rules drafted after the drafting departments shall write to the drafting instructions.
    Drafting description should including following content: (a) intends specification matters of status and main problem; (ii) drafting local regulations draft or regulations of purpose, and need and the legislation principles; (three) provides of main measures and legal according to; (four) purposes of feasibility and the expected effect; (five) on different views of processing situation; (six) need description of other problem.
    30th article drafting sector should will local regulations draft, and regulations trial draft to official file form, together with following file and material reported municipal government legal office: (a) local regulations draft or regulations trial draft body and electronic text; (ii) local regulations draft or regulations trial draft description body and electronic text; (three) about organ, and organization and personal on local regulations draft, and regulations trial draft of main different views; held hearing of, should with hearing records;
    (D) the relevant laws and regulations based on the CRT and its electronic text (e) other related material.
    Local regulations, regulations draft shall be signed by the head of the drafting Department Chief; drafted in several departments, it should be signed by the heads of the administrative Chief.
    Related materials include summaries, research reports, and relevant legislation, and more. 31st to submit local regulations, regulations draft does not comply with the provisions of article 29th, 30th, Legislative Affairs Office of the Municipal Government can ask the draft sector supplement related imperfection in the 15th documents and materials.
    Drafting departments are not required to pay, legal office may return the draft drafting Department deadline to submit again. Fourth chapter review of the 32nd local regulations, regulatory approval is issued by the Legislative Affairs Office of the Municipal Government is responsible for the review.
    Municipal Government departments should work closely with legal review, coordination work in the Office.
    33rd article municipal government legal Office main from following aspects on local regulations draft, and regulations trial draft for review: (a) whether meet statutory of legislation principles; (ii) whether and about local regulations, and regulations phase meet or convergence; (three) whether right processing about sector, and organization, and citizens on local regulations or regulations trial draft problems of views; (four) whether meet this provides about local regulations draft, and regulations of technology requirements; (five) other need review of content.
    34th article local regulations draft, and regulations trial draft has following case one of of, municipal government legal office can stride or returned drafting sector: (a) about institutions or sector on local regulations, and regulations trial draft provides of main system exists larger dispute, drafting sector not and about institutions or sector consultations of; (ii) reported trial draft not meet developed local regulations draft, and regulations technology requirements of; (three) developed regulations of basic conditions occurred changes, temporarily not suitable developed regulations of. 35th Legislative Affairs Office of the Municipal Government should be modified initial review local regulations, draft regulations and the main issues involved sending relevant organs, organizations and experts for comments.
    Relevant organs, departments, organizations involved in the consultation draft of the main measures, management system, challenging the permission issues such as Division of labour, shall submit a written amendment, and time limits requirements seal the return to the Legislative Affairs Office of the municipal government.
    36th Legislative Affairs Office shall convene with the participation of relevant departments of the municipal government coordination meeting of local regulations, regulatory issues involved in the draft coordination cannot reach a consensus, should be based on the actual situation, relevant departments will be the major problems and the Legal Affairs Office of the Municipal Government Municipal Government decided. 37th draft local regulations, the draft regulations directly involving citizens, legal persons or other organizations vital interests, related bodies, organizations or citizens have major differences of opinion, drafting is not announced to the public sector in the drafting process, did not hold a hearing or legal Office maintains that there are once again holding hearings necessary, Legislative Affairs Office of the Municipal Government to the public, can also hold a hearing.
    Held a hearing in accordance with the procedure provided for in article 28th.
    38th draft local regulations, the draft regulations on important issues, Legislative Affairs Office of the Municipal Government should be convened when necessary by the relevant authorities, departments, participation of experts in seminars, feasibility study meeting, listening, research and demonstration.
    When convening these meetings, drafting departments may be required to send participants, briefings, hearings, and answer questions. 39th Legislative Affairs Office of the Municipal Government on the basis of careful study of the opinions of all sides, make modifications to the draft local regulation, regulation draft, formation of local regulations, the draft regulations and the review of the draft report.
    Reviews should include local regulations or regulatory problems to be resolved, and established the main measures, coordination with the relevant departments, experts advice and review of laws and regulations against content.
    According to the Legislative Affairs Office of the municipal government designated by draft local regulations, the draft regulations, in accordance with the provisions of article 29th reworked the drafting instructions.
    40th local regulations, the draft regulations and draft instructions, reviewed and signed by the Director of the Legislative Affairs Office of the municipal government, in charge of the attention of the Standing Committee of the Municipal Government after the Mayor agreed to consider. Fifth chapter decided to 41st in local regulations and draft regulations by the Standing Committee of the municipal government or the plenary meeting.
    When meeting consideration of the draft local regulation, regulation, drafted by the Legal Affairs Office of the municipal government for instructions, or drafting departments for instructions.
    After the 42nd Executive meeting approved in principle by the municipal government regulations, legal modifications according to the deliberations of the Office according to the procedure reported the Mayor signed, published in the form of municipal government.
    After meeting for discussion and adoption of the municipal government, the local regulations, report to the municipal people's Congress a motion submitted for deliberation by the municipal government.
    Command of the 43rd release rule, shall set forth the enactment organ, the number of regulations, rule name, date of adoption, date of execution, Mayor signature and date of publication.
    44th rule within 30th after the signing should be in the Benxi Municipal Government Gazette and the daily published the full text in Benxi.
    In the Benxi Municipal Government Gazette published text of the regulations as a standard text.
    Regulation shall not be released without the execution.
    Article 45th rule shall be implemented since the 30th after the date of its publication, but not immediately after the announcement implemented could affect regulations to implement, can come into force on the date of promulgation.
    The sixth chapter registration and interpretation of article 46th regulations published in the 30th, by the Legislative Affairs Office of the municipal government in accordance with the provisions of the Archivist filing of regulations and regulations of the State Council, respectively to the State Council and the Liaoning Provincial people's Congress, Liaoning Provincial people's Government and the municipal people's Congress for the record.
    47th rule right of interpretation belongs to the municipal people's Government, have one of the following conditions, by the legal representative of the Office of the municipal people's Government is responsible for the interpretation: (a) the regulations needs to further clarify the specific meaning of a, (ii) Regulations new situation arises after enactment, need suitable basis. Review of regulations interpretation, reference to Regulation draft review procedures.
    Interpretation of the regulations with the regulations shall have the same effect.
    Local regulation's explanation right belongs to the municipal people's Congress, and specific procedures in accordance with the relevant provisions of the NPC Standing Committee.
    Seventh chapter clean up 48th Legislative Affairs Office of the municipal government in charge of organizing cleanup regulations.
    Upper law by the relevant departments of the municipal government and the situation changes, the Department is responsible for organizing clean opinion on the regulations, submitted to the Legislative Affairs Office of the municipal government, and to clean up the legal system under the guidance of the Office of the municipal government.
    49th article regulations has following case one of of, should timely be modified or abolition: (a) regulations and new announced of legal, and administrative regulations or other upper method provides inconsistent of; (ii) regulations developed Shi by according to of legal, and administrative regulations or other upper method has modified or abolition of; (three) for actual work need, should increases or decreases or modified its content of; (four) new regulations replaced old regulations of; (five) other need modified or abolition of.
    50th regulations modifying the program references the development program.
    Abolition of regulations, approved by its legal office, submitted to the municipal people's Government.
    51st Legislative Affairs Office of the municipal government, in accordance with the regulations of the State Council published regulations, is responsible for the compilation and publication of local laws and regulations.
    Eighth chapter supplementary articles article 52nd by the Legislative Affairs Office of the Municipal Government is responsible for their implementation. 53rd these provisions come into force on September 1, 2006.
                                      Released on June 27, 1995 of the Benxi municipal government regulatory procedures (Benxi Municipal Government the 21st) repealed simultaneously.

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