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Dalian Municipal Government To Formulate Local Laws And The Rules And Procedures Of The Draft Provisions

Original Language Title: 大连市人民政府制定地方性法规草案和规章程序规定

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(Adopted at the 46th ordinary meeting of the Government of the Grand MERCOSUR on 2 June 2006 No. 78 of 9 June 2006 on the date of publication of Government Order No. 78 of 9 June 2006)

Chapter I General
Article 1 establishes procedures for regulating the draft local legislation (hereinafter referred to as a guide) and government regulations (hereinafter referred to as regulations) in order to guarantee the quality of legislation and regulations, in accordance with the National People's Republic of China's legislation, the Regulations Governing Procedure Regulations and the Regulations on the Establishment of Local Sexual Legislation in the Greater City.
These provisions apply in the light of the existence, drafting, reviewing, deciding, regulations, regulations, rules, drafting, review, decision, publication, filing, interpretation and assessment of draft regulations.
Violations of the regulations established under this provision are null and void.
Draft legislation may be prepared for the following matters:
(i) To implement the provisions of the laws, administrative regulations and local legislation in the province of Extension, specific matters are required in accordance with the prevailing circumstances in the city;
(ii) The State has not yet enacted legislation or administrative regulations, which require matters relating to local legislation in accordance with the specific circumstances of the city, except for matters that are formulated by law;
(iii) The local affairs of the city and the need for the development of local legislation;
(iv) There is a need to further enhance the legal effect of regulations.
The following matters may be regulated:
(i) Matters requiring regulations for the implementation of legislation, administrative regulations, local legislation;
(ii) Specific administrative matters within the present administration.
Draft legislation and regulations should be developed in accordance with the principles of the harmonization, necessity, necessity, feasibility and quality of the rule of law.
Draft legislation and regulations should reflect the spirit of reform, scientific normative administrative behaviour, and the transformation of government functions to economic regulation, market regulation, social management and public services, and the cost-benefit analysis should also be carried out to fully take into account the costs of legislative processes, law enforcement costs and social costs.
Draft legislation and regulations should provide for the purpose, scope of application, authority, specific norms, legal responsibilities, date of application.
The content of draft legislation and regulations can be divided into sections, subparagraphs and subsidiaries. Nothing figures, subparagraphs and figures. A simple draft legislation, regulations, etc.
Draft legislation and regulations should include specific, clear, operational and practical solutions; logically, linguistic norms, integrity and accuracy.
Chapter II
Article 8. The rule of law sector of the municipal government should, at the beginning of October of each year, collect draft legislation and regulations for the next year for the work of the municipal government, the district (market) and the Government of the city; and, where necessary, seek the recommendations of citizens, legal persons and other organizations on the development of draft regulations and regulations through the media, the municipal government website or the form of a questionnaire.
Article 9. Governments of the sectors of work of the municipal government, the district (community) are of the opinion that draft legislation or regulations need to be developed and should submit to the municipal authorities, by 31 October, the next year's application. The application shall provide clarifications on the need for draft regulations or regulations, feasibility, legislative basis, key issues to be addressed or the main regime to be established, the relevant sectoral observations, and include a preliminary draft.
Civil, legal and other organizations have suggested the development of draft local legislation and regulations, which should be described as necessary, key issues to be addressed, and the main systems to be established.
Article 10. The municipal rule of law sector conducts a summary and study of the project and recommendations of citizens, legal persons, other organizations. In accordance with conditions of maturity, focus and the principle of integration, the preparation of the draft annual legislation and regulations for the preparation of work plans and the approval of the municipality was presented. The draft annual legislation prepared a work plan, prior to the approval of the previous municipal government, and should also seek the views of the city's specialized committees and the Standing Committee.
The draft annual legislation and regulations should be formulated with a clear definition of the name of the draft regulations and regulations, the drafting sector, the main heads. The development of a work plan should also clarify the time taken to send the municipal government.
The draft annual legislation, approved by the municipal authorities, establishes a work plan to be sent by the municipal authorities to the Standing Committee of Lawmakers; and regulations have been promulgated by the municipal authorities.
Article 12 The draft legislation and regulations set up work plans in principle without change, and the municipal government working sector or district (community) government with draft regulations and regulations should be carefully organized. For special cases, changes or additional projects, as well as planned failures, should be submitted in writing to the Municipal Government and be sent to the municipal rule of law sector. Additional regulations should be developed and supplemented by the Municipal Government.
Drafting
Article 13 includes draft legislation and regulations for the annual plan, drafted by a department or district (commune) of the application; a project submitted by the municipality, urgently needed or involving multiple sectors, drafted by the designated sectors of the municipal government; a comprehensive project was developed by the municipal authorities' rule of law sector; and a greater professionality could be delegated to experts, scholars or relevant organizations.
Drafting draft legislation and regulations should include in-depth research on practical lessons learned, drawing on national and international legislative results, and hearing the views of relevant organs, organizations and citizens. The hearings may take the form of written consultation, colloquiums, memorials and hearings.
Draft legislation and regulations drafted directly involve the interests of citizens, legal persons or other organizations and the significant impact on society, and should be made available to the community through the municipal government website or the flagship.
The proceedings of the hearings are carried out in accordance with the provisions of the Regulations.
Article 16 Drafts and regulations relating to the responsibilities of other sectors of the municipality or to other sectors of the municipal government should be fully consulted by the drafting cell. The drafting cell has different views with other departments and should be consulted fully.
Draft legislation drafted should be sent to the municipal government for the first four months prior to the first review by the Standing Committee of the Municipalities or Municipalities; the regulations drafted should be communicated to the municipality in accordance with the time frame established in the regulations. The report should not be delivered on the basis of a report and the reasons for the report should be presented to the municipal authorities, and the report should be sent to the municipal rule of law sector.
Draft legislation and regulations that were drafted should be accompanied by a drafting note (the need for draft regulations or regulations, the main measures required, the hearing and adoption of observations, the legal basis and reference basis), the views of the relevant departments, hearings, research reports, relevant national and international legislative information, etc.).
Draft legislation and regulations that should be submitted for drafting should be used in the form of official documents (five copies and attached to the electronic text), signed by the main heads of the unit; several units should be co-drafted by the main heads of the co-drafting units.
Article 19 governs the drafting of draft legislation and regulations and engages in research and validation.
Review of chapter IV
The draft legislation and regulations drafted were submitted to the municipal authorities and were reviewed by the municipal authorities in the following areas:
(i) In conformity with the provisions of Articles 5, 6, 7 and 7 of this provision;
(ii) Whether there is coordination and interface with relevant legislation, regulations;
(iii) Is the right to deal with the views of the relevant organs, organizations and citizens on the draft regulations and regulations drafted;
(iv) Have the environment and conditions in place;
(v) In conformity with legislative technical requirements;
(vi) Other elements to be reviewed.
The draft regulations and regulations drafted in article 21, which are one of the following cases, may be redrafted by the municipal authorities' rule of law, retroactive drafting units or drafting units:
(i) Be not included in the draft annual legislation and regulations of the municipal government;
(ii) The conditions are not mature or necessary;
(iii) The fact that the main elements are largely separated from practice and do not properly strengthen sectoral powers, emphasize sectoral interests and require significant changes;
(iv) There is greater controversy in the relevant sectors with regard to the main regime set out in the draft regulations and regulations, and the drafting cell has not been consulted with the relevant departments;
(v) The existence of serious deficiencies in legislative technology and the need for a comprehensive adjustment;
(vi) It is not in accordance with article 18 of this provision.
Article 22 states that the rule of law sector of the municipality should consult the relevant organs, organizations and citizens on the main issues covered by the draft regulations and regulations sent.
Article 23 of the municipal rule of law sector would modify the draft legislation and regulations that were sent by the drafting unit, form the solicitation, send the views of the relevant authorities, organizations and citizens.
Upon receipt of the request, feedback should be received within 10 working days. In the absence of feedback from special circumstances, clarification should be given to the rule of law in the municipality.
Draft legislation and regulations deal with important issues, and the rule of law sector of the municipal government should convene a colloquium, analyst, a hearing, a research argument, directly involving the interests of citizens, legal persons or other organizations, a drafting unit that did not make opinions available to society in the drafting process, or a hearing, and the municipal rule of law sector could make observations available to society or hold hearings.
Article 25 has different views on the main measures covered by the draft regulations and regulations, the management system, the division of competence, and the coordination of the rule of law in the municipality, in accordance with the legitimate and appropriate principles, and should not be agreed, bring the main issues, the views of the relevant sectors and the treatment of the municipal rule of law sector to the municipal authorities.
Article 26 The municipal rule of law sector should carefully study the views of all parties and, in consultation with the drafting units, seek amendments to draft legislation or regulations and communicate the revised request for comments and the note containing the relevant observations to the relevant departments. The departments concerned should sign opinions within five working days and return to the municipal rule of law sector.
In accordance with the signing of the opinion, the municipal rule of law sector will form draft texts or draft regulations and review notes with the drafting body. The review notes should include the basis and the need for legislation, a brief process for drafting and reviewing, the key issues to be addressed and the main measures identified, coordination of major controversial issues, hearings and the adoption of views.
Draft texts or draft regulations and statements were sent to the Government for consideration by the municipal authorities following the approval of the Deputy Mayor of the rule of law.
Decisions and publication of chapter V
Draft legislation and regulations are decided by the Standing Committee of the Municipal Government or by the plenary.
In the context of the consideration of draft legislation or draft regulations, a statement was made by the drafting unit or the municipal authorities' rule of law department, with the participation of the relevant heads of departments.
Draft texts or draft regulations should be sent to the participants two days before the ordinary session of the Municipal Government or the plenary.
Article 33 The rule of law sector of the municipal government, in accordance with the Standing Committee of the Municipal Government or in plenary meetings, shall revise the draft texts or draft regulations, form a revised version and invite the Mayor to issue them. It is a draft of legislation that brings to the deliberations of the Standing Committee of the Municipalities or Municipalities in the form of municipal government bills; it is regulated to be made public in the form of municipal government orders.
Article 31 of the Order of Publication of Regulations shall contain the design organs, orders, names of regulations, adoption of dates, date of application, mayors and date of publication.
The regulations are not promulgated.
Within 30 days of the publication of the Regulation, the full text of the Communiqué and the Greater List should be published. The text of the regulations that were published on the main day is provided by the municipal authorities' rule of law.
The text of the regulations published in the Communiqué is the standard text.
Article 33 shall be applied after 30 days of the date of publication, except if the publication is not immediately followed.
Chapter VI Status, interpretation and assessment
Article 34 of the Regulations was sent within 30 days of the date of publication to the Department of State, the Provincial Council of Governors, the Provincial Government and the Standing Committee of the Municipalities.
The right to interpretation of the regulations belongs to the municipality.
The regulations explain the opinions of the municipal rule of law sector in reference to the regulatory review process and are published after the approval of the municipal government.
Article XVI provides for two years after the publication of the regulations, the executive body shall assess its implementation and shall report the assessment to the municipality.
Chapter VII
Article 37 of the municipal government draws to the Standing Committee of the Municipalities to amend, repeal local legislation and modify, repeal and repeal regulations, taking into account the provisions.
Article 38 of this provision is carried out from the date of publication.