Xuzhou City People's Government Rulemaking Procedures

Original Language Title: 徐州市人民政府规章制定程序规定

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(June 20, 2006 Xuzhou Government 62nd times Executive Conference considered through July 8, 2006 Xuzhou Government makes 110th, announced since August 1, 2006 up purposes) first chapter General first article for specification this municipal government regulations (following said "regulations") of developed work, guarantee regulations quality, according to People's Republic of China legislation method, and State regulations developed program Ordinance and regulations record Ordinance, about legal, and regulations, combined this city actual, developed this provides.
    Article regulations in these rules refers to municipal government in accordance with laws, regulations, procedures pursuant to the provisions enacted in the form of Municipal Government announced to regulate administrative acts, adjusting the administrative relations between the authorities and the citizens, legal person or other organization, applicable within the administrative area of the city, generally binding normative documents.
    Third rule project, drafting, review, decisions, publication, record, interpret, and these provisions shall apply. Fourth article developed regulations, should followed following principles: (a) in accordance with statutory of permission and program developed, meet Constitution, and legal, and administrative regulations and other upper method of provides; (ii) meet streamlined, and unified, and science, and effectiveness of principles, simplified administration procedures, promote government functions to economic regulation, and social management and public service change; (three) reflected administrative organ of terms and responsibility phase unified of principles, effective guarantees citizens, and corporate and other organization of lawful rights and interests of; (four) based global, for economic construction, and
    Social service development and reform and opening, with strong pertinence and effectiveness of (v) full investigation, reflecting the objective laws, regulations have relative stability, continuity and interoperability, in line with the city's actual, resolve practical problems (vi) upper law has already clearly defined content, regulatory provisions, in principle, will not repeat.
    Fifth article regulations of developed should meet following legislation technology requirements: (a) name can said "provides", and "approach", and "implementation rules" or "implementation approach", but shall not said "Ordinance"; (ii) content should clear, and specific, used provisions way expression, according to content of need can points chapter, and section, and article, and paragraph, and items, and accounts; (three) structure rigorous, and structured clear, terms accurate, and simple; (four) meet other legislation technology specification of requirements.
    Sixth article Xuzhou Government Legal Office (following said municipal government legal institutions) specific is responsible for regulations of developed work, perform following duties: (a) is responsible for prepared regulations developed annual plans draft; (ii) Organization drafting, and review, and modified, and coordination, and argument regulations draft; (three) supervision check, and assessment regulations of implementation situation; (four) organization coordination, and argument regulations of modified, and abolition work; (five) specific hosted regulations of explained work; (six) legal, and regulations provides of other duties.
    In each County (city, district) Governments, departments of the municipal government and relevant units shall in accordance with the Division of responsibilities, assist, with legal bodies and make the draft regulations drafting, justification and development of related work in the process.
    Seventh chapter projects regulatory approval. Department work the city or County (City), the district people's Government thinks that the regulations need to be developed, shall be made in writing to the legal bodies report to the project.
    , Other State organs, organizations, enterprises, and citizens can be made in writing to the legal bodies regulatory project proposals.
    Eighth rule project applications shall include the following information: (a) the necessity and feasibility of developing, (ii) to solve the main problems and the proposed establishment of the main system, (iii) on the basis of laws, decrees, regulations and other rules (iv) drafting units or individual research and preparedness.
    Regulatory approval applications should be submitted to legal institutions at the end of October each year.
    Nineth legal institutions should rule project application (recommended) summarizing research, on the basis of the investigation, combined with the practical needs of economic and social development, focused, balanced, each year before the end of the preparation of the regulatory legislation next year plan and reported to the municipality for approval before implementation.
    Proposed regulations involving complicated issues, legal institutions should be organized to establish the project feasibility study meeting was carried out; necessary, should conduct a cost-benefit analysis and prediction.
    Proposed regulatory projects involved citizens, legal persons and other organizations, the rights and obligations, legal institutions can draft legislative programme announced to the public regulations, for comments.
    Tenth annual legislation plan should include the development of the regulation project, preparation of projects, drafting unit, the completion time.
    Project refers to the argument, more mature then reported to the Standing Committee of the Municipal Government to consider projects preparatory project refers to the year of research, demonstration, and when conditions are ripe, according to plans submitted to the City Executive Council projects.
    11th legal bodies shall be performed on the unit rule annual legislative programme for inspection, supervision, guidance and coordination, and responsible for the completion of the mandate review and drafting the task they have undertaken. 12th not included in regulations legislative projects, and general handling.
    Due to development or change in the situation, you need to adjust the plan or project, the units concerned shall, in accordance with the provisions of this article seventh to eighth to submit project applications, after study by the legal institutions, in conjunction with relevant departments put forward revised proposals to the municipal government, in charge of Legal Affairs and be implemented after the approval of the Mayor, Deputy Mayor.
    Legal institutions in accordance with actual needs, to recommend to the Government proposed to adjust the legislative scheme.
    Due to exceptional circumstances, has failed to complete the formulation of projects, the regulations could be included in the next annual legislative programme.
    Chapter III regulations drafted 13th by the Municipal Government to determine a unit or several units of specific drafting, can also be determined directly drafted by legal institutions or organize the drafting.
    Drafting of the regulations, and may invite the participation of individuals, organizations, can also be entrusted to individuals or organizations in drafting. Article 14th draft regulations drafting group should be established, develop draft plans, the drafting personnel, a clear division of responsibilities, timely completion of tasks.
    Unable to complete the drafting work, shall report in writing legal institutions, and state the reasons. 15th draft regulations should conduct in-depth studies and practical experience, listen to the views of various sectors of the community.
    Hearings may be in written comments, the convening of seminars, feasibility study meeting, hearing and the media release form.
    Under the legislative drafting units need to organize relevant entities and persons carrying out the research project study, learning activities.
    In the process of drafting regulations, legal institutions required to participate in research, demonstration, suggestions and comments.
    16th draft rule directly involved citizens, legal persons and other organizations of interest, or units, organizations, citizens have major differences of opinion, drafting units should be announced to the public and seek the views of all sectors of the community, can also hold a hearing.
    17th draft rule, involving close to other departments or with other departments of the municipal government, drafting units should seek the views of other departments; other sectors should be carefully studied, and the drafting of requests for feedback in writing.
    Drafting unit and other departments have different views, should consult the consensus still cannot be reached through consultation, drafting units should be submitted draft regulations demonstrate the circumstances and the reason.
    18th draft submission to government rule draft should be accompanied by draft description, based on the table and electronic texts, and other related materials.
    Head of draft regulations should be drafted by the main sign and affix seal.
    Draft regulations description should include the proposed specification of situations and existing problems, legislative basis, the establishment of the main system, the request for advice and consultations, public hearings and so on.
    Other relevant materials should include the original feedback from the parties involved, documents of reference by the legislative basis, after consolidation of the hearing transcript, and other relevant information required by legal institutions. The fourth chapter reviews 19th draft regulations by the legal bodies responsible for review.
    Review content main including: (a) whether meet this provides on legislation principles, and drafting program of requirements; (ii) whether and about regulations, and regulations coordination, and convergence; (three) rules (set) set of administrative license, and administrative punishment, and administrative forced measures, and charges and other administrative measures whether legal and does have necessary; (four) on the aspects views of processing whether legal, and appropriate; (five) whether meet legislation technology requirements; (six) need review of other content.
    20th legal institutions should be received in ten working days to conduct a preliminary review of draft regulations.
    By preliminary review, found regulations trial draft has following situation one of of, municipal government legal institutions can suspended handle or returned drafting units again drafting: (a) not included annual legislation work plans and not by this provides 12th article first paragraph provides handle of; (ii) developed of basic conditions is not mature of; (three) by according to of main upper method is introduced or is modified of; (four) concerned on trial draft provides of main content exists larger dispute, drafting units not and concerned consultations of;
    (E) does not comply with the provisions of article 18th method. Article 21st draft regulations should be consulted in writing legal institutions municipal government departments, County (city, district) people's Government views.
    Related city government departments, County (city, district) people's Governments shall, in accordance with the legal requirements of time feedback in writing; if you can't get feedback in writing opinions, legal institutions in a timely manner should be justified. Outstanding feedback is not justified, as no objections to the draft of the regulations.

    Against the public interest and the interests of the people regulations draft shall be solicited in the form of public opinion over the network.
    If necessary, the grassroots field research, listen to views from all sides, including the relative person of management.
    Important, highly specialized, involving major differences in regulation draft, legal agencies may seek legislative consultant advice in writing, or organization, such as holding forums, feasibility study meeting, hearing and listened to advice, research and demonstration.
    Hearing procedures prescribed in the preceding paragraph, by the Municipal Government enacted separately under the Ordinance set out in the regulations of the State Council program.
    Article 22nd of legal bodies involved in the draft measures, the Division of management, permissions and other issues related to coordination, coordinated still fail to reach a consensus, legal institutions should be contentious issues, relevant departments and the departments reported that the Municipal Government's decision.
    23rd legal institutions should be sufficient research, creating on the basis of the opinions of all sides, make modifications to the draft regulations and the formation of the draft regulations and draft notes.
    Draft description should including following content: (a) developed regulations of purpose, and need, intends solution of problems and solution measures of feasibility; (ii) developed regulations by according to of legal, and regulations and the reference of about file; (three) sought the aspects of views and the views coordination situation; (four) regulations established of main system and the main terms content; (five) other need description of problem.
    24th draft regulations and draft should be discussed by the legal institutions Office, signed by the Chief, and the attention of the Standing Committee of the municipal government or the plenary meeting to consider the recommendations.
    25th draft regulations and draft shows leaders agreed to go to the city by the Municipal Government Executive meeting or plenary, legal bodies, drafter for the reporting of preparations should be made.
    Drafting units should be based on the format and quantity requirements, publication of draft regulations and draft and the CRT.
    Fifth chapter decided with the 26th regulation must be approved by the Municipal Government Executive meeting or plenary meeting for discussion and adoption.
    Executive meeting or plenary meeting consideration of the draft regulations of the municipal government, Deputy Head of the legal organs or by the municipal government in charge of the draft notes.
    Draft regulations on 27th Executive meeting or after the plenary session examined and adopted by the municipal government, by the legal institutions based on the deliberations of the Conference, to organize and coordinate the relevant departments and units modified forms the amended draft, submitted to the Mayor to sign.
    Plenary meeting of the Executive meeting of the municipal or City Government failed regulation, legal organization urged the drafting unit in accordance with a decision by the municipal government in time.
    28th regulations announced by the Mayor signed an order.
    Publishing rules of order shall set forth the enactment organ, the serial number, rule name, date of adoption, date of execution, the Mayor signed, and release date. 29th the rules should come into force after the 30th from the date of promulgation.
    However, immediately after the announcement implemented could affect regulations to implement, can come into force on the date of promulgation.
    30th after the publication of regulation should be in Xuzhou city people's Government Gazette, Xuzhou daily, the Municipal Government published the full text on the Web site.
    The Xuzhou city people's Government Gazette published text of the regulations as a standard text.
    Published press releases and publicity regulations, drafted by the legal authority to organize and coordinate.
    The sixth chapter record 31st regulation and supervision shall be published in the 30th, and rule of law institutions, as required by the city to the State Council and the provincial people's Congress, the provincial government, municipal people's Congress for the record.
    32nd regulations a year after the first quarter, the Executive Department shall report in writing to the legal bodies. Legal bodies shall, jointly with the executive departments on a regular basis on the implementation of regulation review, assess, and timely research, address the problems found in the implementation process.
    Evaluation results, such as necessity, effectiveness, efficiency and equity.
    33rd State organs, social organizations, enterprises, citizens think that the regulations with the Constitution, contravene laws, administrative regulations and other host, reviews recommendations to the municipality in writing, legal research, treatment by the municipal government.
    Seventh chapter interpretation, amendment and repeal of 34th rule has one of the following conditions, interpreted by the Government: (a) the regulations needs to further clarify the specific meaning of; (b) the enactment of regulations there is a new situation, need to be clearly applicable regulations based on the.
    Interpretation of the regulations, legal research and comment by the municipal government, approved by the municipal people's Government announced.
    Interpretation of the regulations with the regulations shall have the same effect.
    35th article regulations has following case one of of, about sector should timely proposed modified or abolition of recommends: (a) according to of upper method has modified or abolition of; (ii) main content has was new announced of upper method or other about regulations alternative of; (three) adjustment object has disappeared or specification of content has not adapted social actual need of; (four) Municipal Government think has necessary for modified or abolition of.
    Regulations the amendment, abolition of the procedure, the reference to the regulatory procedure shall apply.
    Article 36th official version of the regulations (foreign language) compiled by legal bodies.
    Eighth chapter supplementary articles article 37th draft local regulation in the municipality drafting, reviewing, stage of the procedure, by the provisions of the relevant content. Article 38th requirements for rulemaking, compilation, by the financial sector should be included in the special budget and guaranteed.
    Legal institutions should allocate responsibilities and arrangements.
                                                            39th article of the regulations come into force on August 1, 2006.