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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(June 2, 2006 Dalian Government 46th times Executive Conference considered through June 9, 2006 Dalian Government makes 78th, announced since announced of day up purposes) first chapter General first article to specification local regulations (following referred to regulations) draft and Government regulations (following referred to regulations) developed program, guarantee regulations and regulations quality, according to People's Republic of China legislation method, and regulations developed program Ordinance and Dalian developed local regulations Ordinance, developed this provides.
    Article II of the draft regulations to establish the project, drafting, review, decisions, regulations formulation, drafting, review, decisions, publication, record, interpret and evaluate the present provisions shall apply.
    Violation of the provisions of regulations established by is invalid.
    Third article following matters can developed regulations draft: (a) for implementation legal, and administrative regulations, and Liaoning province local regulations of provides, need according to this city reality for specific provides of matters; (ii) national yet developed legal or administrative regulations, and according to this city of specific situation need developed local regulations of matters, but only by legal developed of matters except; (three) belongs to this city local affairs, need developed local regulations of matters; (four) need further upgrade regulations legal effectiveness of.
    Fourth the following regulations: (a) for the implementation of laws, administrative regulations, local regulations require regulatory matters, (ii) belonging to specific administrative matters within their respective administrative areas.
    Fifth draft regulations and regulations, shall follow the uniformity of the legal system, essential, necessary and feasible, and the principles of quality assurance.
    Sixth draft regulations and regulations, should embody the spirit of reform, scientific and normative administrative acts to promote government functions into economic regulation, market supervision, social management and public services, the economic legislation should also conduct a cost-benefit analysis, fully taking into account the legislative process costs, enforcement costs and social costs.
    Seventh draft rules and regulations should be enacted on the purpose, scope, authority, specific norms, law, execution dates, provide. Content provisions of the draft legislation and regulations, and each can be divided into paragraphs, items, accounts. Not numbers, and numbers.
    Simple draft laws, rules and regulations are generally not divided into chapters and sections.
    Draft legislation and regulations should be specific, clear, with maneuverability, can effectively solve problems; inherent logic, language, concise and accurate.
    Eighth chapter projects Legal Department in early October of each year, to the respective departments of the municipal government, County (City) District Government collected items of draft legislation and regulations the next year, if necessary, through the news media and Government Web sites or take a survey form, soliciting citizens, legal persons and other organizations, to develop proposals for draft legislation and regulations. Nineth Department work the city and counties (cities) and districts the Government deems it necessary to adopt draft laws or regulations, shall, before October 31 of each year, submit to the legal department applications for next year's project.
    Project applications will be expected to develop draft legislation or regulations the necessity, feasibility and legislative basis, to solve problems or to be established by the primary system, the views of the relevant departments to clarify and accompanied by a first draft of the project.
    Citizens, legal persons and other organizations to submit recommendations for a draft local laws and regulations, should be on the necessity to solve problems, proposed establishing a description of the main system. Tenth Legislative Affairs Department of the Municipal Government of approval of the project by project and summarizes the recommendations of citizens, legal persons and other organizations, research. As conditions mature, focused and integrated approach to the principle put forward draft legislation and regulations to develop work plans for the year, reported to the approval of the municipal government.
    Annual plans for the development of the draft regulations, during the reporting period prior to approval from the municipal government, it should also seek the views of relevant specialized Committee of the NPC and Law Committee of the Standing Committee. Draft legislation and regulations to develop work plans for the year, should draft clear rules and regulations the name, head of drafting Department, main, etc.
    Regulatory work programme should also be submitted to the City Government and specified time.
    11th annual draft laws approved by the Municipal Government to develop a programme of work, submitted by the Legal Department, the NPCSC; regulatory work programme carried out by the City Government announced. 12th scheme is not in principle for the development of draft rules and regulations change, undertake the task of drafting of draft laws and regulations Department of the municipal government or the County (City) Government, should be seriously implemented. To change due to special circumstances or additional projects, as well as the plan cannot be implemented, shall submit a written report to the municipal government, with a copy to legal department.
    Additional regulatory projects, additional demonstration should be conducted and approved by the municipal government.
    Chapter drafted 13th in the annual plan of draft laws and regulations, by applying the project Department or County (City) District Government is responsible for drafting made by the municipal government, urgently needed projects in or involving multiple sectors, designated by the municipal government departments to draft; integrated projects drafted by the Legal Department to organize professional strong may entrust drafting experts, scholars, and related organizations. Article 14th preparation of draft laws and regulations, shall conduct in-depth studies and summarized their experience, using domestic and foreign legislation, listen to the views of relevant organs, organizations and citizens.
    Hearings may be in written comments, forums, feasibility study meeting, hearing and other forms.
    15th draft legislation and regulations, directly involving citizens, legal persons or other organizations vital interests and have a significant impact on the community should be adopted by the City Government Web site or Dalian daily to the public for comments, drafting units can also organize hearings.
    Hearing procedures, in accordance with the regulatory procedure provisions of that Ordinance. 16th draft laws and regulations involving other departments of the municipal government and works closely with other departments of the municipal government, drafting units should be full consultation with other departments of the municipal government.
    Drafting unit and other departments have different views of, and should be fully consulted. 17th draft regulations, should be considered in the Standing Committee of the municipal people's Congress, or the first submitted four months before the City Government, drafting of regulations, shall be determined in accordance with regulations establishing work plans submitted to the City Government.
    Cannot be submitted, shall submit a report to the Municipal Government state the reasons, while the report copy to the legal department.
    18th submitted draft legislation and regulations should be drafted together with notes (draft legislation or regulations of the necessity, the main measures, listen to and accept the views of, the top law and references), the advice of relevant departments, public hearings transcripts, research reports, and relevant legislation, and more.
    Submit draft legislation and regulations shall be in form of official documents (text, 5, and be accompanied by electronic text), signed by the heads of unit; co-authored several units, should be signed by the common drafting Unit Chief, respectively.
    Article 19th legal departments to draft legislation and regulations guiding the drafting of, and participate in research and demonstration work.
    Fourth chapter review 20th article drafting of regulations draft and regulations submitted municipal government Hou, by municipal government legal sector from following aspects review: (a) whether meet this provides fifth article, and sixth article, and seventh article of provides; (ii) whether and about regulations, and regulations coordination, and convergence; (three) whether right processing about organ, and organization and citizens on drafting of regulations draft, and regulations problems of views; (four) whether has implementation of environment and conditions; (five) whether meet legislation technology requirements; (six) need review of other content. 21st article drafting of regulations draft and regulations has following case one of of, municipal government legal sector can stride, and returned drafting units or recommends drafting units again drafting: (a) not included Municipal Government annual regulations draft and regulations developed work plans of; (ii) conditions not mature or no necessary of; (three) main content serious from actual, does not apply local strengthened sector power, stressed sector interests, need for major modified of; (four) about sector on regulations draft and regulations provides of main system exists larger dispute,
    Drafted without consultation with the relevant departments, and (v) legislative technical flaws, the need for a comprehensive adjustment of; (f) does not comply with the provisions of article 18th.
    22nd Municipal Department of Legal Affairs shall submit draft legislation and regulations related to problems, in-depth field research, listen to the views of relevant organs, organizations and citizens.
    23rd Legislative Affairs Department of the municipal government, in conjunction with the drafting unit to submit draft legislation and regulatory changes, form draft, sent the relevant departments for comments and solicit views of the relevant authorities, organizations and citizens. Authorities after receiving the draft for comment and feedback shall, within 10 working days.
    Due to exceptional circumstances not feedback, should indicate to the legal sector.
    24th article regulations draft and regulations sought views draft involved major problem of, municipal government legal sector should held by about organ, and organization and experts participate in of Symposium, and feasibility study meeting, heard views, research argument; directly involved citizens, and corporate or other organization vital interests, drafting units in drafting process in the not to social announced sought views, also not held hearing of, municipal government legal sector can to social announced sought views, also can held hearing. 25th concerned to draft legislation and regulations draft involves major measures have different views, the Division of management, permissions, legal departments in accordance with the principles of legality and proper coordination agreement; fail to reach an agreement, problems should be, relevant departments of the views and the views of the legal sector, drew attention to the Government decision.

    Article 26th city departments should seriously study the views of the legal system, after consultation with the drafting unit, modifications to the draft legislation or regulations draft, and revised drafts and adopt relevant comments of material sent to the departments concerned signed comments.
    Relevant departments shall, within 5 working days to sign and return to the legal department. 27th Legislative Affairs Department of the municipal government in conjunction with the drafting units according to the signed comment form draft or draft regulations and the review of the draft regulations.
    Review should include legislative basis and the necessity, brief drafting and review of processes, to solve problems and determine the major controversial issues of major initiatives, coordinate, listen to and accept comments, and so on.
    Draft regulations or draft regulations and draft instructions, reported by the Legal Department in charge of the approval, Deputy Mayor, drew attention to the Government for consideration.
    Fifth chapter decisions and 28th draft regulations and rules decided by the municipal executive meeting or plenary session.
    29th consideration of draft regulations draft or draft regulations, the drafting unit, or legal Department for instructions, the relevant departments attended the meeting.
    Draft of draft regulations or draft regulations should be in municipal Government Executive meeting or plenary session two days ago to the participants. 30th Legislative Affairs Department of the Municipal Government Municipal Government Executive meeting or plenary session deliberations, to modify the draft of draft regulations or draft regulations, forms revised version issued by the approval of the Mayor.
    Belonging to the draft regulations, to municipal government motion submitted to the municipal people's Congress or municipal people's Congress Standing Committee; belongs to the regulations, published in the form of municipal government.
    31st published rule order shall set forth the enactment organ, the number of regulations, rule name, date of adoption, date of execution, the Mayor signed, and release date.
    Regulations shall not be released without the implementation. Article 32nd regulations within 30th after the signing, shall be published in the municipal bulletin and journal of Dalian full text.
    Dalian daily newspaper published text of the regulations provided by the legal sector.
    Regulatory texts published in the Government Gazette as a standard text.
    33rd regulation should come into force after the 30th from the date of promulgation; but not immediately after the announcement implemented could affect regulations to implement otherwise.
    The sixth chapter record, explain and assess the 34th rule published in the 30th, and submitted to the State Council and the provincial people's Congress, by the municipal government, the provincial governments, municipal people's Congress for the record.
    35th regulation's explanation right belongs to the municipal government.
    Regulations explained by comments from legal departments refer to regulatory review procedures, released after the approval of the municipal government.
    36th regulations promulgated two years later, the organ should be to evaluate their implementation and assessment will be reported to the municipal government.
    Seventh chapter supplementary articles article 37th Government drew attention to the municipal people's Congress, or modify, the NPC Standing Committee repealed local laws and amended, repealed the rules and procedures, reference to these provisions.
                                                                                      38th article of the regulations come into force on the date of promulgation.