Key Benefits:
(Un of publication No. 198 of the People's Government Order No. 198 of 15 December 2005) The Provincial Government decided to amend the provisions of the Government of the People's Republic of Southern Province for the drafting and administrative regulations on local legislation as follows: Amending the title as the drafting and drafting of the regulations of the Government of the People of the Province of the Sea and the drafting of procedural provisions by provincial governments” Article 1 amends “to regulate the drafting of legislation for the provincial government, to enact regulations for provincial governments, and to establish this provision in line with the relevant provisions of the Legislative Act of the People's Republic of China, the Regulations of the Department of State and the Regulations on the Establishment and Approval of Local Sexualities in the Province of the Sea”. “The provisions refer to local legislation established by the People's Congress of the province and its Standing Committee, as well as to the regulations on the Territory's economic zone established in accordance with the mandate of the National People's Congress.” Paragraphs Page Article 2: “The drafting of local legislation and the formulation of provincial government regulations shall reflect local characteristics, be operational and shall not be incompatible with the law, administrative regulations”. “The content already specified by law, administrative regulations and provincial government regulations do not in principle duplicate provisions”. V. Add a new article as Article 3: “In accordance with the mandate of the National People's Congress, the draft regional legislation on the Territory may provide for the following: (i) Priorities for the promotion of institutional innovation, industrial upgrading and external openness; (ii) Significant changes in the administration system require matters governed by the provincial People's Congress and its Standing Committee; (iii) In accordance with the practical needs to be opened for economic development and reform in the area of the South-South economy, and in accordance with the basic principles of the law, administrative regulations, matters requiring the necessary adaptation, complementarity and nuance of national legislation, administrative regulations; (iv) The law stipulates that States other than States that have not yet enacted legislation, administrative regulations, and matters requiring the enactment of special legislation in accordance with the specific circumstances of the SAR; (v) Other matters requiring the development of special regional legislation in the area of the South-South economy.” Article 8: “The need for and feasibility of legislation should be examined and concluded in the light of national and international legislative experience, prior to the submission of legislative project proposals by the relevant authorities. Legislative projects that have not been pre-introduced and validated without legislation may in principle not be included in the annual legislative plan.” Article 9 was replaced with article 22, which reads as follows: Unfinished, written statements should be made to the provincial Government's rule of law bodies for the reasons for which the provincial Government's rule of law institutions are advised to report on the Government of the province.” Article 8 was changed to Article 9 by adding a paragraph as paragraph 2: “The Provincial Government Rule of Law Institutions may organize legislative project arguments, listen widely and provide advice on the annual legislative project arrangements and report to the provincial Government's Standing Committee on Review”. Article 12 adds the paragraph as paragraph 2: “The regulations in the special area shall be used by the tinents of the South Economic Zone”. An increase of article 18 as follows: “The drafting of legislation and provincial government regulations directly involve the interests of citizens, legal persons or other organizations or have an important impact on the economic and social development of the province shall be made available to the society for consultation and for hearings. The hearings were conducted in accordance with the following requests: (i) The public hearings should be held and the drafting sector should publish the time, place and content of the hearings by 30 days of the hearings; (ii) The relevant organs, organizations and citizens participating in the hearings have the right to raise questions and comment on the draft regulations and provincial government regulations; (iii) The hearings should produce a record of the main points and reasons for the record of the speaker; (iv) The drafting sector should carefully study the views reflected in the hearings, and the drafting of legislation and provincial government regulations should indicate the adoption of the hearings and the reasons for them when they are sent to the review.” Article 19: Drafting legislation and provincial government regulations shall be subject to a cost analysis of legislative effectiveness, including the following: (i) The cost of implementation of legislation, namely, the law-enforcement, financial and material strength required for its implementation; (ii) Social costs of legislation, i.e. costs incurred by society for compliance with the law; (iii) The effectiveness of legislation, namely, the potential benefits of implementation of legislation, who benefits and the net benefits forecasts generated by legislation; (iv) Other elements related to cost-benefit analysis. Legislation and provincial government regulations drafted for the implementation of national laws, administrative regulations may not be used as a cost analysis of legislative effectiveness.” Article 12, paragraph 20, was replaced with article 23, which reads as follows: The provincial authorities should complete the review within 45 working days from the date of receipt of the material under article 21. The legislative commissioner reviews responsibility. The terms and responsibilities of the Legislative Commissioner and his assistant are implemented in accordance with the relevant provisions. The following elements should be reviewed with a focus on the drafting of legislation and provincial government regulations: (i) In conformity with constitutional, legal, administrative and legislative provisions; in accordance with the basic principles of the Constitution, law, administrative regulations; (ii) In accordance with the provisions of international treaties, agreements to which we are participating or concluded; (iii) Harmonization and alignment with existing legislation and provincial government regulations in the province, changing the existing relevant legislation and provincial government regulations in the province, and whether their changes are based on and justified; (iv) It is in conformity with market economic regulations that promote the development of an open-ended economy in the tropolitan region and facilitate the functioning of economic special zones; (v) Whether the provisions governing the drafting sector's functions are in accordance with the requirements of the socialist market economic system and the administrative system of the special economic zone, and whether the procedure for the exercise of its mandate and the limitations on the powers; (vi) Whether there is a duplication of legislation; (vii) Whether the content is feasible and whether it is objective; (viii) The fullness of the consultation and the greater coherence of the opinion; (ix) Structural, provisions and terms are in accordance with legislative technical requirements, whether the name and the case is regulated; (x) Other elements requiring review.” As article 27, adds to article 27: “Application of legislation and regulations for the drafting sector, the provincial government rule of law bodies consider that the basic conditions of the legislation are not mature and that the review is urgently needed in the real life, which is to be carried out when conditions are mature, or recommendations may be issued in other normative documents”. Article XIV, article 28 was replaced with article 32 and reads as follows: “The provincial government rule of law bodies should form a legislative and provincial government regulatory review and prepare a review report. The review should include the review process, the main elements of the review, the notes on the main issues of the draft, the coordination of divergent views and the treatment of views and other issues that require clarification. The review should be issued by the main heads of the provincial government rule of law institutions. Article 29 was deleted. Article XVI, article 33, was amended to read as follows: Article 17, article 33, as amended by article 36, reads as follows: “The review of the texts of regulations and provincial government regulations shall be reported by the provincial government rule of law bodies for review and the drafting sector may also make drafting statements. The participants of the meeting considered the draft review. In accordance with article XVIII, article 36 was replaced with article 39, the amendment reads as follows: Article 49, 37 was replaced with article 40 and reads as follows: “The Office of the People's Government of the province received copies of the provincial government regulations that were modified by the provincial authorities' rule of law bodies in accordance with the spirit of the regular meetings of the provincial government or the summary of the plenary meetings of the provincial governors, which were issued by the Governor of the province, should be made available in a timely manner for the reproduction of the document. The public order of the population of the province, which is published, should contain the authority, order, name of the regulations, date adopted, provincial governors and date of publication. The Provincial People's Government Order shall be made public in accordance with the provisions of the Regulations of the State Department.” Articles 20 and 41 were amended to read: “The regulations of the provincial government should be submitted by the provincial authorities of the rule of law, within 30 days of the date of publication, in accordance with the law, to the General Assembly's Standing Committee of Representatives.” Article 21, article 38, paragraph 1, was replaced with article 42, paragraph 1, with the following modifications: “The provisions of the provincial government regulations developed by the Government of the province require further clarification of the specific meaning or new circumstances that arise after the formulation of the regulations, which require a clear application of the rules of law by the provincial authorities, which are approved and published by the Government of the province, which is equally effective with provincial government regulations”. Articles 22 and 39 were replaced with article 43, which reads as follows: “The interpretation of legislation is carried out in accordance with the provisions of the Regulations on the Establishment and Approval of Local Sexualities in the Province of Sea”. Paragraphs Page Twenty-four, an increase in article 46: “Opendium of regulations for the publication of the official version and the external version shall be carried out by the provincial authorities of the rule of law in accordance with the relevant provisions of the Regulations Governing the Publications Regulations”. In accordance with this decision, the order of the provisions is adjusted accordingly. Annex: drafting and drafting of provincial government regulations by the Government of the Southern Province (as amended) Chapter I General Article 1 establishes this provision in the light of the relevant provisions of the Law on Legislation of the People's Republic of China, the Regulations of the State Department and the Regulations on the Establishment and Approval of Local Sexualities in the Province. The provisions refer to local legislation established by the People's Congress and its Standing Committee, and the regulations on the Territory's economic zone, which are based on the mandate of the National People's Congress. Article 2 The content already specified by law, administrative regulations and provincial government regulations do not in principle duplicate provisions. Article III, in accordance with the mandate of the National People's Congress, may stipulate the following matters, subject to the principles of the law, administrative regulations and regulations: (i) Priorities for the promotion of institutional innovation, industrial upgrading and external openness; (ii) Significant changes in the administration system require matters governed by the provincial People's Congress and its Standing Committee; (iii) In accordance with the practical needs to be opened for economic development and reform in the area of the South-South economy, and in accordance with the basic principles of the law, administrative regulations, matters requiring the necessary adaptation, complementarity and nuance of national legislation, administrative regulations; (iv) The law stipulates that States other than States that have not yet enacted legislation, administrative regulations, and matters requiring the enactment of special legislation in accordance with the specific circumstances of the SAR; (v) Other matters requiring the development of special regional legislation in the area of the South-South economy. Article IV (i) Preparation and organization of draft annual plans and draft plans for drafting regulations and provincial government regulations; (ii) To guide and coordinate the drafting of legislation and provincial government regulations in all relevant departments, to organize joint drafting or preside over drafting of a broad scope of adjustments, legislation involving a wide range of sectors and provincial government regulations; (iii) Review and revise the texts of the regulations drafted by the relevant departments and the drafting of the provincial government regulations, which are responsible for reviewing and revising the subsequent legislation and the review of the provincial government regulations, and reporting on the review of views; (iv) Explanatory work on specific application issues within the scope of competence and interpretation of provincial government regulations; (v) Compilation of regulations and provincial government regulations, the finalization of translations of provincial government regulations, and, where appropriate, the clearance of the laws and regulations that have been issued and the regulations of the provincial government, and the modification or repeal of views; (vi) Training of legislators across the provincial government system; (vii) Drafting legislation, developing other work on provincial government regulations. Article 5 Chapter II Legislative plans and planning The drafting of legislation and the development of provincial government regulations should be based on the preparation of annual legislative plans and legislative planning in accordance with economic and social development planning in the province. The legislative plan and planning are prepared by the provincial Government's rule of law body, which is followed by the approval of the Provincial Government. Article 7. Civil, legal and other organizations may make recommendations to the Government of the province for the development or revision of legislation, regulations of the provincial government. Recommendations should be made to the provincial Government's rule of law institutions. Prior to the submission of legislative project proposals by the relevant sectors, the pre-legislatures of legislation should be carried out, drawing on national and international legislative experience, conducting research on the need and feasibility of legislation in conjunction with the province's actual practice. Legislative projects that have not been pre-introduced and validated without legislation may in principle not be included in the annual legislative plan. Article 9. All branches of the Government of the province should submit to the provincial authorities the next annual legislation and the provincial government legislative plan, in accordance with the legislative planning of the Standing Committee of the People's Representatives of the Provincial Assembly and the Government of the province, in the light of the actual practice of the sector. The next annual legislative plan project should include the following: (i) The names, regulations or regulations of the provincial government or the main issues to be addressed; (ii) The basis and purpose; (iii) The number of drafting group members and the time of the draft report. The provincial government rule of law institutions may organize legislative project arguments, listen widely to views, provide advice on the annual legislative plan project arrangements and report on the approval of the provincial government meetings. In the course of the implementation of the annual legislative plan, the relevant departments of the Government of the province believe that the planned project needs to be adjusted and the reasons should be given in writing to the provincial authorities. The provincial Government's rule of law institutions can adapt to the annual legislative plan, with the consent of the Provincial People's Government, and with respect to the restructuring of the legislative plan, which should be accompanied by the Standing Committee of the Congress. Drafting The departments responsible for the drafting of legislation and provincial government regulations should establish drafting groups to determine the drafting of a lead. The main elements of legislation and provincial government regulations relate to more than two administrative authorities, and joint drafting groups should be established. The work of the joint drafting group is organized by the host sector as identified in the annual legislative plan. Where necessary, provincial government rule of law institutions can lead in drafting legislation and provincial government regulations. The drafting group, the joint drafting group could involve experts. The name of the legislation and the provincial government regulations should be accurate and clear. A more comprehensive, systematic provision is made for a particular aspect of work, using “regulations” or “mandatory provisions”; in part of a work in a given area, the use of “should”; in particular, the specificization of the provisions of national legislation, administrative legislation and the legislation of the province, the term “implementation” or “implementation rules”. The provincial government regulations shall not be referred to as “regulations”. Regional legislation should use the name of the “Central Zone of the South”. Article 13 Drafting legislation and provincial government regulations should be carefully structured and clearly defined at all levels, with precise and normative terms. It should include: (i) Development of purpose, development of the basis, scope of application and authority; (ii) An entity's normative or procedural norm required; (iii) Legal responsibility, date of application; (iv) Other requirements. The content of legislation and provincial government regulations is made in the form of provisions, which can be subsectiond, subparagraphs and subscriptions. Articles, paragraphs, subparagraphs and subsidiaries shall be added. Articles should be made available in “Article I”, “Article II”, “Article 3”, etc., with no sign of “(i)”, “(ii)””, “(iii)” and in figure “1.”, “2.”, “3”. More provisions may be sub-chaptered and chapterable. Article 14. The texts drafted and the regulations of the provincial government make changes to specific provisions of national legislation, administrative regulations, sectoral regulations, and the drafting notes should be given specific justifications. Drafting legislation and provincial government regulations are proposed to replace existing legislation and provincial government regulations in the province, which should be set forth in the accompanying notes and made in the drafting notes. Article 15 Drafting legislation and provincial government regulations should be widely consulted. The sectors consulted should make observations within the prescribed time frame and be issued by the main heads of the sector and, in addition, by the public chapter. The drafting sector should be alerted by overdue responses. A reminder should be provided in the drafting note. Article 16 stipulates that the drafting sector should coordinate before the delivery of the draft legislation and the provincial government regulations. The drafting sector or sub-offices have divergent views on the drafting of legislation and provincial government regulations, coordinated by the drafting sector; other departments or units have divergent views on the drafting of legislation and provincial government regulations, which are invited by the drafting sector to coordinate among provincial government rule agencies. The heads of the departments concerned should participate in coordination, and the coordination is explained by the drafting sector in the drafting notes. Drafting of important legislation and provincial government regulations in the drafting sector should organize expert arguments and document the expert's arguments in full. The legislation drafted and the regulations of provincial governments directly involve the interests of citizens, legal persons or other organizations or have a significant impact on the economic and social development of the province, which should be made available to society for consultation and for hearings. The hearings were conducted in accordance with the following requests: (i) The public hearings shall be held and the drafting cell shall publish the time, place and content of the hearings by 30 days of the hearings; (ii) The relevant organs, organizations and citizens participating in the hearings have the right to raise questions and comment on the draft regulations and provincial government regulations; (iii) The hearings should produce a record of the main points and reasons for the record of the speaker; (iv) Drafting units should carefully study the views reflected in the hearings, and the drafting of legislation and provincial government regulations should indicate the adoption of the hearings and the reasons for them when they are sent to the review. Article 19 Drafting legislation and provincial government regulations should be subject to a cost analysis of legislative effectiveness, including the following: (i) The cost of implementation of legislation, namely, the human, financial and material strength required to implement the legal system; (ii) Social costs of legislation, i.e. costs incurred by society for compliance with the law; (iii) The effectiveness of legislation, i.e. the potential benefits of implementation legislation, who benefits and the net benefits forecasts generated by legislation; (iv) Other elements related to cost-benefit analysis. Legislation and provincial government regulations drafted for the implementation of national laws, administrative regulations may not be used as a cost analysis of legislative effectiveness. Article 20 should be drafted by the drafting sector, including drafting backgrounds, basis, key content and feasibility analysis, cost-benefit analysis, interpretation of important provisions, key issues to be addressed, information and coordination of views and other issues requiring clarification. When the drafting sector completes the drafting process, the relevant documentation materials should be sent directly to the provincial Government's rule of law bodies. The material delivered should include: (i) Request for a review; (ii) A copy of the legislation or of the regulations of the provincial government; (iii) Drafting notes; (iv) The legal, legislative and main reference materials to be drafted; (v) Repatriation of views on all aspects; (vi) The expert's argument; (vii) The hearings. The letter to be reviewed should be issued by the main heads of the drafting sector and be added to the chapter; the joint drafting should be signed by the principal heads of the departments concerned and incorporated into the public chapter. The texts and drafting notes of legislation and provincial government regulations should be 20, with five other materials. The relevant departments of the Government of the province should complete drafting tasks as required by the annual legislative plan. Unfinished, written statements should be made to the provincial Government's rule of law bodies for the reasons for which the provincial Government's rule of law institutions are advised to report to the Government of the province. Review of chapter IV Article 23 of the provincial Government's rule of law body is responsible for reviewing and revising the texts of legislation and provincial government regulations. The provincial authorities should complete the review within 45 working days from the date of receipt of the material under article 21. The legislative commissioner reviews responsibility. The terms and responsibilities of the Legislative Commissioner and his assistant are implemented in accordance with the relevant provisions. The following basic elements should be examined in the text of a draft of legislation and provincial government regulations: (i) In conformity with constitutional, legal, administrative and legislative provisions; in accordance with the basic principles of the Constitution, law, administrative regulations; (ii) In accordance with the provisions of international treaties, agreements to which we are participating or concluded; (iii) Harmonization and alignment with existing legislation and provincial government regulations in the province, changing the existing relevant legislation and provincial government regulations in the province, and whether their changes are based on and justified; (iv) It is in conformity with market economic regulations that promote the development of an open-ended economy in the tropolitan region and facilitate the functioning of economic special zones; (v) Whether the provisions governing the drafting sector's functions are in accordance with the requirements of the socialist market economic system and the administrative system of the special economic zone, and whether the procedure for the exercise of its mandate and the limitations on the powers; (vi) Whether there is a duplication of legislation; (vii) Whether the content is feasible and whether it is objective; (viii) The fullness of the consultation and the greater coherence of the opinion; (ix) Structural, provisions and terms are in accordance with legislative technical requirements, whether the name and the case is regulated; (x) Other elements requiring review. Article 24 is not included in the annual legislative plan and is not subject to the provisions of article 10 of this provision or is subject to repeated legislation, which will be returned to the drafting sector. Article 25 contains one of the following cases, which are redrafted by the drafting sector by the provincial authorities of the rule of law and the drafting sector by agreeing on drafting ideas or by a new drafting approach by the provincial government rule of law body: (i) Be incompatible with the principles of the Constitution, the law and administrative regulations; (ii) Be incompatible with the real needs of the reform and development of the MERCOSUR; (iii) Uncoordinate, interface with existing legislation and provincial government regulations in the province, or change existing legislation and provincial government regulations in the province, which are based on and are not sufficient; (iv) Legislative purposes are not clear. Article 26 sends the relevant documentation material without the provisions of article 21 of the present article, which is still not closed, and suspends the review and sends documents to the full-time recovery review. Article 27 provides for the drafting of legislation and the drafting of provincial government regulations, and the provincial rule of law institutions of the provincial government view that the basic conditions of the legislation are not mature, and that the review is urgently needed in the real life, may be terminated and that legislation is to be carried out when conditions are to be mature; it may also be suggested to be issued in the form of other normative documents. The second article is not comprehensive or sufficient, and is supported by the Provincial Government Rule of Law Institutions to further consult or validate the drafting sector. There was a greater disagreement between the departments concerned, and the drafting sector was not regulated by the provision of coordination, with the assistance of the Provincial Government Rule of Law Institutions in coordinating the drafting sector. Article 29 examines and revises submissions by the provincial authorities of the rule of law, which may consult and coordinate and organize arguments. There is a greater divergence of opinions, which are coordinated with unanimity, and the Government of the province is invited to coordinate. After coordination, it is still not possible to reach agreement, as stated in the review report by the provincial authorities of the rule of law, to deal with comments, and to be decided by the Permanent Council of the Government of the province or by the plenary. Article 33 of the provincial Government's rule of law institutions can conduct social research studies and the drafting sector should cooperate and assist them. The content of the legislation and provincial government regulations relates to the significant rights and interests of citizens, legal persons and other organizations, or the significant impact on the economy and social development in the province, where the post-reviewed review is available in the media and openly consulted with the views of the various sectors of society, followed by a synthesis of views and changes in the draft. Following a review of the changes in regulations and provincial government regulations by the provincial authorities, the legislative and provincial government regulations review and the preparation of the review report should be prepared. The review should include the review process, the main elements of the review, the notes on the main issues of the draft, the coordination of divergent views and the treatment of views and other issues that require clarification. The review should be issued by the main heads of the provincial authorities' rule of law institutions. Following the completion of the review by the provincial authorities of the rule of law, a review of the regulations and provincial government regulations and a review report was sent to provincial governors and heads of sub-offices to the provincial government meetings or to the plenary. Consideration and publication of chapter V Article XIV and a review of the regulations of the provincial government shall be considered by the ordinary Government of the province or by the plenary. Article 35 Consideration of the draft legislation and the provincial government regulations and regulations should inform the provincial authorities of the meetings of heads of the rule of law institutions and the drafting sector and related sectors. In considering the draft regulations and provincial government regulations, the review should be carried out by the provincial authorities' rule of law bodies and the drafting sector could also provide a drafting note. The participants at the meeting considered the draft review. Article 37, which was considered by the principle of acceptance, was amended by the Provincial Government Rule of Law Agency with the drafting sector in accordance with the spirit of the provincial government meetings or the plenary proceedings. Article 33 was submitted once again for review by the drafting sector, in accordance with the spirit of the provincial Government's standing conference or the plenary summary of the proceedings, to provide drafting notes and to resubmission to provincial government rule of law institutions within a specified period of time. In accordance with the bill to amend the draft legislation in the spirit of the provincial government meetings or the plenary proceedings, it should be issued by the governor, who shall be sent to the Congress or its Standing Committee by the Executive Office of the Provincial People's Government, as required. Article 40 The public order of the population of the province, which is published, should contain the authority, order, name of the regulations, date adopted, provincial governors and date of publication. The Provincial Government Order shall be made public in accordance with the provisions of the Regulations of the State Department. Article 40. The provincial government regulations should be submitted by the provincial authorities, within 30 days of the date of publication, to the General Committee of Permanent Representatives to the General Assembly by law. Chapter VI Interpretation, modification and abolition Article 42, the provisions of the provincial government regulations established by the Government of the province require further clarity on the specific meaning or new circumstances that arise after the formulation of the regulations, which are clearly applicable and are made by the provincial government rule of law institutions, which are approved and published by the Government of the province, which is equally effective with provincial government regulations. The provincial government regulations developed by the Government of the People of the province have specific application issues, which are explained by the administrative authorities established in the provincial government regulations within the purview of their duties and are presented to the provincial government rule of law institutions. The authorities concerned object to the interpretation, which is made by the provincial authorities of the rule of law, and which are approved by the Government. Article 43 interprets the legislation in accordance with the provisions of the Regulations on the Establishment and Approval of Local Sexualities in the Southern Province. Article 444 The Government of the Provincial People's Government has drawn up legislation adopted by the Assembly of the Provincial People's Representatives or its Standing Committee and the provincial government regulations developed by the Government of the province, which need to be modified or repealed, in accordance with this provision. Chapter VII The question of the specific application of this provision is explained by the Provincial Government Rule of Law Agency. Article 46 edited in the publication of a compilation of regulations for the official version and the external version, which is carried out by the Provincial Government Rule of Law Institutions in accordance with the relevant provisions of the Regulations. Article 47 The drafting and drafting of the regulations of the Government of the People's Republic of the Southern Province on 11 March 1990 and the drafting of the provisional regulations of the provincial government were repealed. |
