Key Benefits:
(Summit No. 34th ordinary meeting of the Government of the Sea of 24 September 2004 to consider the adoption of Decree No. 46 of 3 November 2004 on the People's Government Order No. 46 of 3 November 2004, which came into force on 3 December 2004) Chapter I General Article 1 provides for the regulation of this city and guarantees the quality of regulations, in accordance with the relevant laws, regulations and regulations, such as the Law of the People's Republic of China, the Regulations and Rules. Article 2 quater, drafting, review, decision, publication, request, interpretation, modification and repeal the application of this provision. Article 3 establishes regulations that should be consistent with the legislative principles established in the National People's Republic of China's Legislative Act and in accordance with the provisions of the Constitution, laws, administrative regulations and other superior laws. Article IV establishes regulations that should not emphasize the powers and interests of the sector from the overall interests and interests of the people. Article 5 establishes regulations that should be consistent with the objective requirements of the economic development of the socialist market without creating local protection, impeding market circulation and other barriers to fair competition. Article 6 establishes regulations that provide for the rights of citizens, legal persons and other organizations, ways to guarantee the realization of rights and their obligations to be fulfilled in order to effectively preserve the legitimate rights of citizens, legal persons and other organizations. Article 7 establishes regulations that govern administrative behaviour and promote changes in government functions to economic regulation, market regulation, social management and public services. The development of regulations should reflect the principles of simplification, harmonization and effectiveness in line with the requirements for policy-making, implementation and monitoring coordination. Article 8 establishes regulations that should reflect the principle of harmonization of the functions and responsibilities of the executive organs and, while giving the necessary authority to the relevant administrative authorities, should provide for the conditions, procedures and responsibilities that they exercise their functions. Article 9 establishes regulations that should be consistent with the specificities and actual needs of the city, highlighting local features and operationality. The following matters may be regulated: (i) Matters regulated by law, administrative regulations, local legislation; (ii) In accordance with the specific circumstances of the city's administrative region, matters requiring regulations for the implementation of the provisions of the laws, administrative regulations and local legislation; (iii) Laws, administrative regulations do not provide for the development of local legislation and regulations are not mature and, in accordance with the prevailing circumstances in the city, there is a need for regulatory matters; (iv) Other specific administrative matters requiring regulations. Chapter II Article 11 establishes regulations that should be prepared for the year. Article 12 The establishment of a regulatory application shall include the following: (i) The name of the regulations; (ii) The need, purpose and basis for regulations; (iii) Issues to be addressed in regulations and the main systems to be established; (iv) The drafting group heads and the regulatory issuance of the draft articles. Prior to the formulation of regulations, the relevant units should conduct a study on the need and feasibility of regulations and provide legislative studies. Article 13. The municipal rule of law institutions may widely hear legislative recommendations in accordance with the municipal government's commission of public inquiries and regulations. Other State bodies, democratic parties, social groups, business organizations and citizens can make legislative recommendations. Article 14. The municipal rule of law institutions shall organize, investigate and coordinate, on a timely basis, the application for regulations and legislative recommendations, and prepare a draft workplan for the annual regulation of the municipal government, based on the need for a distinction. In one of the following cases, municipal rule of law institutions may not include regulations in the annual regulations of the municipal government and draft work plans: (i) Research and argument without previous legislation; (ii) The content of regulations is incompatible with the law, legislation or incompatible with national approaches, policies; (iii) The relevant laws, regulations and other regulations have been specified; (iv) The basic conditions for establishing regulations have not been mature; (v) Other needs not be addressed through the development of regulations. The annual regulations have been developed in the form of municipal government documents following the consideration of approval by the Standing Committee of the Municipal Government. The annual regulations should clearly define the name of the regulations, the drafting unit, the principal holder and the time of completion. Article 16 establishes a workplan in implementation that can be adjusted in accordance with the actual circumstances. With regard to the proposed additional regulations, the relevant units should be supplemented by a written statement to the municipal authorities of the rule of law, and approved by the Standing Committee of the Municipal Government following a coordinated opinion by the municipal authorities. Article 17 projects that are included in the annual regulations for the development of work plans, the municipal rule of law institutions should be able to organize, guide and promote the implementation of the drafting units. Until 31 December each year, the drafting cell did not require the completion of the drafting mandate in accordance with the annual regulations and should provide a written statement to the municipal authorities' rule of law bodies for reasons of the report on the municipality. Drafting Regulation 18 may be drafted specifically by the relevant executive branch established by the municipality, or directly by the municipal authorities in drafting or entrusting the relevant organizations, experts; the complexity of the content of the regulations and the tight legislative time frames may be drawn up by the municipal authorities to determine a unit-led organization. The name of the Regulation generally refers to “the provision”, but not to the Regulation”. Regulation 20 should be drafted in accordance with legislative technical requirements, and structurally clear, at the level of clarity, language accuracy and word integrity. In addition to the complexity of the content, regulations generally vary from chapter to section. The content of the regulations is expressed in the form of the provisions, which may be subsectiond, subparagraphs and subscriptions. Articles, paragraphs, subparagraphs and subsidiaries shall be added. The number of Chinese figures in the order of the article is in constant form, with no series of paragraphs, the number of Chinese figures in the series is summarized in the table below, with the aim of the number of Arab figures being presented in the order. Article 21, drafting regulations should be studied in depth, taking stock of experience of practice and, through written advice, colloquiums, symposiums, hearings, etc., widely listening to the views of relevant organs, organizations and citizens. The content of article 22 relates to the responsibilities of other sectors of the municipality or to the close relationship with other sectors, and the drafting units should fully seek the views of other sectors. The drafting cell has different views with other departments and should be fully consulted; the drafting cell should describe the situation and the reasons when the draft regulations are sent. The content of the regulations pertains to key issues such as the management system, functional adjustments, and the drafting units should be invited to the municipal government decisions. The content of Article 23 relates to specialized technical or professional strengths, which should be held to organize scientific research institutions' professional and expert scholars. The content of article 24 relates directly to the interests of citizens, legal persons and other organizations, as well as the significant impact of society, and the drafting units should hold hearings or be made public in society to seek the views of all communities of society. Article 25, in the form of a written request, the authorities consulted shall submit written observations within the prescribed time period and include a response to the public chapter. The drafting cell should be brought to the attention of the drafting body. A reminder should be provided in the drafting note. The Drafting Unit shall prepare the summary of the proceedings of the meeting, such as a document of the main views, rationales and opinions of the various units and expert scholars. The holding of hearings is organized in accordance with the following procedures: (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; (iii) The drafting cell should produce a record of the hearings, such as a record of the main points of view and reason. Following the finalization of the draft regulations, the drafting cell should prepare a drafting note. The drafting of a note should include the need for regulations, purposes, legislative basis, key issues to be addressed, the main systems to be established, the main measures to be taken, the views of the parties concerned and the treatment and other issues to be described. Article 27 shall be subject to a collective discussion by the drafting unit, which shall be submitted to the municipal rule of law institutions after signature by the main holder. Joint drafting should be signed by the principal heads of the units concerned. The following documents and materials should be submitted to the Drafting Unit when presenting the draft regulations to the Conference: (i) Request for a review; (ii) Text of the regulations; (iii) Drafting notes; (iv) Comments and summary of meetings; (v) Legal, regulatory, and main references. Review of chapter IV Article 29 of the rules of procedure is governed by a uniform review by the municipal authorities of the rule of law. The review includes: (i) In conformity with the provisions of Articles 3 to 9 of this provision; (ii) Have coordination and interface with relevant regulations; (iii) The fullness of the consultation and the greater coherence of the opinion; (iv) Structural, provisions and terms are consistent with legislative technical requirements; (v) Other elements requiring review. Article 31 contains one of the following cases in which the municipal rule of law institutions can be suspended and requests the drafting units to supplement the relevant material within the deadline: (i) The submission of material is incompatible with articles 26 to 28 of this provision; (ii) The search is not comprehensive. Article 31 contains one of the following cases in which the municipal rule of law institutions can return to the drafting unit: (i) Not included in the preparation of work plans or procedures for approval in accordance with article 16 of this provision; (ii) The relevant laws, regulations and other regulations have been specified; (iii) There is a greater controversy between the relevant departments with regard to the main regime set out in the draft regulations, and the drafting cell has not been consulted with the relevant departments; (iv) Incompatible with the provisions of article 22, paragraph 2; (v) The publication of normative documents by a department or a number of departments. Article 32 contains one of the following cases in which the municipal rule of law institutions may request the drafting units to be redrafted: (i) Incompatible with the provisions of Articles 3 to 9 of this provision; (ii) Uncoordinate or alter the relevant provisions of existing regulations, which are based on and justify inadequate; (iii) Incompatible with the basic requirements of legislative technology, there is a need for greater changes. Article 33 of the municipal rule of law institutions should conduct social research studies on the normative aspects of the texts of the regulations, the need and feasibility of investigating legislation, and the drafting units should cooperate and assist them. The review of the texts of the regulations by the municipal rule of law bodies could be followed by the consultation, coordination and modification of the draft regulations review. The content of the regulations pertains to the significant rights and interests of citizens, legal persons and other organizations or to major and problematic issues, and the rule of law institutions of the municipal government should convene colloquiums, arguments, opinions, studies, hearings, or press releases on regulatory reviews, and public consultation of the various communities of society. There is much difference between the main measures involved in the regulation and the division of competence, and the rule of law institutions of the municipal government should be coordinated to seek agreement; there is no agreement that the municipal rule of law institutions should provide clarifications in the review notes and provide responses to the municipal government decisions. Article XV of the municipal rule of law institutions should modify the draft regulations, form the draft regulations and make a statement on the draft, on the basis of a careful study of views. The draft regulations should include the legitimacy, feasibility, clarifications of important changes, the coordination of differences and the treatment of views and other issues requiring clarification. Draft regulations and draft statements were submitted for consideration by the municipal government after the signing of the main holder of the rule of law institutions. Article XVI: The municipal rule of law body shall bring the following materials to the municipal government for its consideration: (i) Draft regulations and draft notes; (ii) Observations; (iii) A draft of the regulations and a drafting note; (iv) Other submissions. Article 37 shall not be sent directly to the municipal authorities for consideration without the draft regulations reviewed by the municipal authorities. Chapter V Decisions, publication and documentation Article 338 General regulations should be considered by the Standing Committee of the Municipal Government; regulations dealing with important matters within the city's administration should be considered by the plenary of the municipal government. In considering the draft regulations, the municipality shall notify the heads of the rule of law, drafting units and related sectors of the municipality and may invite the experts, legal advisers to attend. Article 40 In considering the draft regulations, a drafting note was made by the relevant drafting units for the preparation of the draft texts; a draft regulations note by the municipal authorities of the rule of law. Draft regulations drafted directly by the municipal authorities' rule of law bodies and prepared by the lead organization are harmonized by the municipal authorities' rule of law institutions. Article 40, which was considered without the draft regulations adopted, was modified by the drafting cell in accordance with the deliberations and decisions of the municipal government and resubmitted to the municipal rule of law institutions within a limited time frame, which was reviewed by the municipal rule of law bodies in accordance with this provision. Draft regulations adopted by the principle of review were amended by the Municipal Council of Rule of Law and by the Drafting Unit, in accordance with the deliberations and decisions of the municipal government, to form a revised draft regulations and to report to the Government for approval. The Executive Office of the Municipal Government shall, in a timely manner, review the draft regulations and report to the Mayor to sign the municipal order. The order to publish regulations should contain regulations, orders, regulations, dates adopted, dates of application, mayors and date of publication. Following the publication of Article 44, the relevant authorities should publish the full text of the regulations in a newspaper designated by the municipality and published in the city's administration region. The text of the regulations published in the publications designated by the municipality is the standard text. Article 42 shall normally be applied after 30 days of the date of publication. However, it would not be immediately followed by regulations that would impede their implementation and could be carried out from the date of publication. Article 46 shall be submitted to the State Department, the Permanent Committee of the Provincial People's Congress, the Government of the province, the Permanent Committee of the People's Republic of the Republic of China, the Permanent Committee of the People's Republic of the Republic of China, the Permanent Committee of the People's Republic of Korea and the Permanent Committee of the People's Representatives to the General Assembly, within 30 days of the date of publication. Within one year from the date of operation, the units responsible for the organization should report on the implementation in writing to the municipal authorities of the rule of law; special circumstances should be kept under review. Chapter VI Interpretation, modification and abolition The right to interpretation is governed by Article 48. One of the regulations is explained by the municipality: (i) The provisions of the regulations require further clarity on specific meaning; (ii) A new situation following the enactment of regulations requires clear application of regulations. Regulation explains that the municipal rule of law bodies have provided explanations in reference to the regulatory review process, which is published in the form of municipal government documents after approval by the municipality. The interpretation of the regulations is equally valid. In the course of the implementation of Article 49, there are one of the following cases in which the relevant administrative authorities or the municipal rule of law institutions should make proposals for amendments or repeals to the municipalities in a timely manner: (i) The content of regulations is incompatible with the law, administrative regulations or other superior laws; (ii) The top law based on the regulations has been amended or repealed; (iii) The content of the regulations is replaced by the relevant superior law or other regulations; (iv) The content of regulations is not consistent with objective realities. The procedure for revising, repealing regulations is governed by this provision. The new text of regulations should be published in a timely manner, following changes in regulations. Other provisions of Chapter VII Article 50 establishes regulatory requirements that should be included in the annual financial budget as a specific funding for the legislation of the municipal authorities. In considering the draft workplan for the annual regulations, the municipal government has finalized the legislative earmarked budget. The specific provisions of the legislation are allocated by the municipal finance sector upon approval by the municipality. Article 50 refers to the draft local legislation to be considered by the General Assembly of the People's Representatives of the Municipalities or by the Standing Committee of the People's Representatives of the City. The municipalities, the municipalities and the population of the region have developed and published other universally binding normative documents, taking into account this provision. The compilation and external translation of the text of article 52 is organized by the municipal authorities' rule of law institutions. Article 53 The provisional provision of administrative regulations and procedures for the development of administrative regulations in the city of Hai Oriental, issued on 1 September 1991, was also repealed. |
