Guangzhou Regulatory Public Participation Approach

Original Language Title: 广州市规章制定公众参与办法

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(June 27, 2006 Guangzhou Government 106th times Executive Conference considered through July 20, 2006 Guangzhou Government makes 4th, announced since January 1, 2007 up purposes) first chapter General first article to promote and specification regulations developed process in the of public participation work, guarantees regulations developed work of scientific, and democratic sex and legitimacy, according to People's Republic of China legislation method, and regulations developed program Ordinance, legal, and regulations of provides, combined this city actual, developed this approach.
    Second public mentioned in these measures refers to natural persons, legal persons and other organizations.
    Public participation in these measures refers to the regulations on public participation in the project, drafting, review, implementation, and other links and comments, the activities of executive authorities decide whether to adopt and provide feedback.
    Third, work on the regulations, this approach applies to this.
    Fourth public comment should comply with national laws, regulations and policies, and must not run counter to good morals shall be placed on the State, Governments, organizations and individuals for malicious attacks.
    Article fifth public participation in implementation of the principles of openness, equality, extensive and convenient.
    Article sixth participation should be open to the public, except for the following: (a) involve State secrets, business secrets or personal privacy, (ii) ethics violations, and (iii) General in submitted comments to ask the Executive is not open to the public; (d) has reasonable grounds to believe that the executive authorities should not be public.
    Article seventh legal institution is responsible for organizing public participation in regulatory work.
    Regulations drafting departments in accordance with the methods responsible for work related to public participation in the rulemaking process.
    Article eighth legal institutions and regulations drafting sector organizations develop the requirements for public participation in the process be guaranteed by municipal finance. Nineth municipal law guarantees the right to public participation of legislation.
    Active participation of the public rulemaking, the suggestions were adopted, issued by a legal authority or honor certificate of honor.
    Chapter II regulations project public participation article tenth of the public through letters, faxes, e-mail and written regulations to legal bodies to enact, amend or repeal, shall include the name of the regulations, reasons for enactment, amendment or repeal, possibility and necessity, problems need to be addressed and measures, and so on.
    Legal institutions should be published on the website of legal institutions accepted letters address, fax number and e-mail address and other relevant information.
    Legal Office shall within 5 working days from the date of receipt of public comment, by legal Web sites open to the public. 11th legal bodies should be submitted to the public regulations to enact, amend or repeal are referred to the relevant departments or research studies. Relevant departments shall, on receipt of the legal bodies referred to the opinions within 30th of views respond to legal institutions.
    For practical advice and legal bodies should be adopted in preparing the annual regulatory plan.
    Legal institution shall, at the date of the public comments received within 45 days or the date of the relevant departments received responses within 15th opinion through legal institutions Web site.
    12th annual regulations of legal institutions developed by the Municipal Government to develop work plans should be reported to the municipal executive meeting or through the city before the plenary discussion Web site, the Government legal Agency website for public comment.
    Seek public opinion in the annual regulatory plan, shall be made public the following: (a) the name, the drafting Department regulations, main contents, drafted according to the feasibility, necessity and (ii) comment start and end times, and (iii) ways of public comment and (iv) other issues of note.
    Legal institutions to develop annual regulatory plan for public comment time shall not be less than the 15th.
    13th the 12th article of the public (a) comments on the content, it should be in writing and state the reasons.
    Public projects in the annual regulatory work proposal to increase or reduce the project's, signature should be presented and justified.
    Legal Office shall within 5 working days from the date of receipt of public comments and the views expressed by legal Web sites open to the public.
    Legal institutions should seriously study and demonstration of public opinion, if you do need to modify the annual regulatory plan, develop annual regulatory plan should be modified.
    14th legal institutions should be at the Municipal Government Executive meeting or formal discussion in plenary meeting through the annual regulatory plan date work in the 20th, published by municipal government and legal institutions site and feedback to public consensus, on the inadmissible shall also state the reasons.
    Rule making in the implementation of work plans for the year, the City Government adjusted, legal institutions should be announced and justified by legal Web sites.
    Public participation chapter III regulations drafted 15th article in the annual regulatory plan regulations, drafting Department in the draft regulations submitted to the legal bodies formed before the review, shall be announced to the public, for public comment.
    Announcement should including following content: (a) Regulations drafting of background information, and regulations developed of purpose, and need and the feasibility; (ii) description regulations developed on related personnel or groups may produced of effect; (three) sought views of start time; (four) public submitted views of way; (five) sought views draft full text or public get sought views draft full text of way; (six) contact sector; (seven) letters address, and contact phone, and fax and the electronic mailbox.
    Regulation of 16th article drafting departments in accordance with 15th announced these measures, should take the following public methods: (a) through the websites of the drafting Department regulations, (ii) has a certain influence of the media in the administrative area of the city announced full text or publication guidelines; (c) in municipalities Web site or legal settings, post links on the website of the municipal government.
    Regulations for public comment the draft sector no less than 30th.
    17th rule drafting departments shall within 5 working days from the date of receipt of public comment, publicly available through the website of the drafting Department regulations for public consultation.
    18th rule drafted after the Department issued a bulletin should be adopted by the forum for public comment, can also be based on the proposed regulations affect the affected category, impact, and so on, through open hearings, hearings, feasibility study meeting to solicit public comment.
    Regulations in the areas of industry associations, agencies or other social organizations, regulations drafting Department may delegate its authority for organizing hearings.
    19th Colloquium referring draft sector regulations the proposed regulations to solve the main problem, and the main measures proposed to be taken to establish the main system, held public hearings with representatives of the Conference. Regulation drafting departments should be 5 working days before the seminar, meeting time, location and main issues in the form of announcement to the public, and at the same time inform the legal authority.
    Legal institutions should send personnel to attend.
    Regulation drafting Department within 5 business days of the symposium held, according to meeting notes making Symposium Conference record, and through the site of the drafting Department regulations to the public.
    20th open hearings is the rule drafting departments within a certain time, at designated sites and open the way to listen to public views.
    Regulations drafting Department had decided to take the open hearings, should hold open hearings in 5 working days ago, will open the time and place of the hearings and other related matters to the public. Public within a stipulated time, at the specified locations and reflect their views in written or oral form.
    Oral comments, draft staff regulations shall be recorded and confirmed by the signatures.
    Regulation drafting departments shall, in open hearings within 5 working days of the end, the views of the public through the site of the drafting Department regulations to the public. Refers to regulations drafted 21st hearing representatives of public sector organizations on matters relating to public interests through the defence, cross-examination, such as listening programs.
    Hearing in accordance with following program organization: (a) hearing public held, regulations drafting sector should in held hearing of 30th Qian announcement hearing of time, and locations, and hearing content and registration approach; (ii) Regulations drafting sector should integrated consider area, and career, and expertise background, and expression capacity, and by regulations effect degree, factors, from hearing registration who in the reasonable select hearing representative; (three) participate in hearing of about organ, and organization and citizens, right to on drafting of regulations questions and published views; (D) a record shall be kept of the hearing record of spokesman of the main views and reasons.
    Regulation drafting departments shall, within 5 working days after the end of the hearing, hearing transcripts through the site of the drafting Department regulations to the public.
    22nd feasibility study meeting was drafted by the regulations sector experts in drafting regulations demonstrates disputed technical issues meetings.
    Regulation drafting departments shall within 5 working days after the end of the argument, based on demonstrated results in the formation of a written report, to participate in feasibility study meeting after the signature is confirmed, through the site of the drafting Department regulations to the public.
    23rd rule drafting Department of public comments received for finishing, collation, and analysis of, description of formation of public participation in drafting regulations.
    Regulations on public participation in the drafting of the description should include the following elements: (a) public participation form, (ii) an overview of the public comments, and (iii) public acceptance of the situation and the reasons for it. Regulation drafting departments may require Advisory Committee consisting of experts, public opinion, justify and make comments.

    24th rule drafting departments shall, in the submission to legal institutions and of the draft regulations attached to public participation in regulatory drafting instructions.
    25th rule drafting departments shall submit draft regulations to the legal bodies and regulations on public participation in the drafting process of the transition of electronic versions of the following files: (I) Regulations drafting Department's announcement, (ii) public opinion, (iii) seminars or open hearings, records of hearings, feasibility study meeting (iv) other relevant documents of the regulations on public participation in the drafting process.
    Article 26th city government legal agencies drafted its own rules and regulations, in accordance with the rules of article 15th to 23rd. Fourth chapter of regulatory review public participation in the 27th legal institutions should be on the review of the draft regulations at the same time, censors description of the regulations on public participation in the drafting of submissions.
    That does not comply with article 23rd or rules drafted this approach organizations of the public sector is not involved in the work, legal institutions should return the regulations draft drafting Department and request that, in accordance with the work under way to reorganize the public participation.
    28th a legal institution in the draft after a review of the modified regulations, form the draft regulations draft, submitted to the Standing Committee of the municipal government or the plenary discussion, via legal Web site for public comment, comments not less than 15th.
    Legal Office shall within 5 working days from the date of receipt of public comment, by legal agencies website for public consultation.
    Legal institutions believe that the draft regulations draft problems involved need to listen to public views, through seminars, feasibility study meeting to listen to public views in the form of, procedures in accordance with the 19th, 22nd, the relevant provisions of these measures.
    29th article should be objective and impartial legal institutions to public opinion, consolidate the views to modify the regulations, description and the formation of public involvement.
    Description of public participation should include the following elements: (a) public participation form, (ii) in the process of drafting regulations for public comment, and (iii) taking in public views of the draft regulations and the reasons for it.
    Legal institutions should draft regulations to draw attention to Government Executive meeting or plenary discussion attached description of public involvement.
    Fifth chapter regulations implementing the public participation article 30th legal institutions should be in regulations promulgated within 30th of, take the form of release notes and of its public participation in regulatory texts: (a) the websites through legal institutions, (ii) has a certain impact in the administrative area of the city press release guidelines; (c) in the related links on the Web site of the municipal government.
    31st legal agency issued more than one year can be an assessment of the implementation of the regulations.
    Legal authority to assess regulations should be adopted by legal Web site for public comment.
    After receiving public legal bodies within 5 working days from the date of the assessment, through legal institutions website for public consultation.
    Legal institutions should adopt legal regulations on Agency Web site assessment report implementation. Sixth chapter supplementary articles article 32nd legal institutions should be established through legal Web sites of public participation in rule making, e-folder.
    Electronic files should include the following: (a) background information on Regulation; (b) the record of public participation in the rulemaking process, and (iii) description body of regulations and public involvement and (iv) other materials associated with public participation.
    Difficulties the public directly queries the electronic file, you can direct enquiries to the Government legal agencies.
    Article 33rd Municipal Government shall assume the local regulation drafting and examination of legislative work, such as public participation activities, reference to the relevant provisions in these procedures.
                                                                          34th article of the rules implemented on January 1, 2007.