Haikou Rulemaking Procedures

Original Language Title: 海口市规章制定程序规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$9.99.
(September 24, 2004 in Haikou municipal people's Government at the 34th Executive meeting November 3, 2004 by Haikou municipal people's Government promulgated as of December 3, 2004, 46th) Chapter I General provisions article, rulemaking, specification work, guarantee the quality of regulations, according to the People's Republic of China Law on legislation, regulatory procedures and other provisions of the relevant laws and regulations, combined with the city's actual, these provisions are formulated.
    Project of the second rule, drafting, examining and deciding, publication, record, interpret, amend or repeal these provisions apply.
    Article regulations should be guided by the People's Republic of China legislative principles of the legislative act, in line with the Constitution, laws, administrative regulations and other higher-level law provisions.
    Article fourth formulation of rules should be based on overall national interests and the interests of the people, shall not emphasize the rights and interests of the Department.
    Article fifth Regulation shall meet the objective requirements of the development of the Socialist market economy, not to create local protection, impeding circulation and other prejudice fair competition.
    Article sixth formulation of rules should be scientific and reasonable citizens, legal persons and other organizations the right approaches, security rights and shall perform the duties, safeguard the legitimate rights and interests of citizens, legal persons and other organizations.
    Article seventh regulatory, scientific and normative administrative acts to promote government functions into economic regulation, market supervision, social management and public services.
    The formulation of rules should reflect the principle of simplification, uniformity and efficiency, in accordance with policy decision, implementation, supervision and coordination requirements.
    Article eighth regulations should reflect the principle of unity of powers and responsibilities of the Executive, at the same time empowering the administrative authorities the necessary powers, should provide the conditions for the exercise of the powers, procedure and shall bear the responsibility.
    Nineth regulations shall comply with specific conditions and practical needs of the city, highlighting local characteristics and maneuverability.
    Tenth Article following matters can developed regulations: (a) legal, and administrative regulations, and local regulations provides by regulations made provides of matters; (ii) according to this city administrative of specific situation, for implementation legal, and administrative regulations, and local regulations of provides need developed regulations of matters; (three) legal, and administrative regulations not for provides, developed local regulations is not mature, according to this city of reality does need to regulations form be specification of matters; (four) other need developed regulations of specific administration matters.
    Chapter project 11th regulations shall prepare an annual plan. 12th municipal people's Government (hereinafter referred to as the city) belongs to Department or district people's Government thinks that the regulations need to be developed should be before October 31 in each year to legal institutions submitting applications for regulatory approval next year.
    Applications for regulatory approval should include the following: (a) Regulations name; (b) the necessity, purpose and basis of the regulations, and (iii) Regulation to solve the problem and the proposed establishment of the main systems; (d) head of the drafting group and the draft regulations submitted to the time.
    Proposed regulations before the project, the units concerned should research on the necessity and feasibility of regulatory, legislative research and descriptions.
    13th legal institutions can project from municipal government commissioned public consultation to the Community regulations, legislative recommendations would be widely consulted.
    Other State agencies, the democratic parties, public organizations, enterprises, institutions and citizens to put forward legislative proposals.
    Article 14th legal institutions should be on regulatory approval applications and organized demonstration, research and comprehensive coordination among the legislative proposals, based on the need to distinguish between priorities, develop annual regulatory draft programme of work of the municipal government.
    Has following case one of of, municipal government legal institutions shall not will regulations project included Municipal Government annual regulations developed work plans draft: (a) without early legislation research and argument of; (ii) developed regulations of content and legal, and regulations phase conflict or not meet national about approach, and policy of; (three) about legal, and regulations and other regulations has has clear provides of; (four) developed regulations of basic conditions yet mature of; (five) other not need through developed regulations solution of.
    15th annual regulatory plans considered by the Standing Committee of the municipal government for approval in the form of municipal government documents issued.
    Annual regulations establishing work plans should be clear of names, head of drafting unit, main and completion time. 16th annual regulatory plan in execution, can be adjusted according to the actual situation.
    Proposed regulations project, the units concerned should reinforce, submitted written evidence to the legal institutions, and coordinated by the legal bodies of opinion reported to the Standing Committee of the Municipal Government to examine and approve.
    Article 17th on the items included in the annual regulatory plan, legal institutions should pay close attention to organization, instruction and supervision to the drafting unit.
    December 31 of each year, draft does not rule making on an annual work plan for drafting tasks, should explain the reasons in writing to the legal bodies, comment by legal bodies report of the municipal government.
    Chapter III drafting of article 18th regulations can be drawn up by the relevant administrative departments in charge of the Municipal Government to determine, or directly by the legal bodies prepared or commissioned organizations, expert drafting; complexity of the regulatory and legislative deadlines tight, drawn up by the Municipal Government to identify a lead organization.
    Article 19th regulations generally refer to the name of "rules", "way", but not "regulation".
    20th draft regulations should be consistent with legislative requirements, structured, clear, structured, wording accurate and concise.
    Apart from the complex, and regulations are generally not divided into chapters and sections. Content in the form of provision of the regulations, under section can be divided into paragraphs, items, accounts. Articles, paragraphs, items, accounts should be set out.
    The ordinal numbers sequentially in Chinese, not numbered, ordinal in Chinese digital bracket order in order to sequentially number in Arabic numerals.
    21st the drafting of regulations, should conduct in-depth studies and practical experience, and through written comments, held seminars, feasibility study meeting, hearing and other forms, listen to the views of relevant bodies, organizations and citizens. 22nd regulations concerning other parts of the city of duties or work closely with other departments, drafting units should be fully seeking the views of other departments.
    Drafting unit and other departments have different views, should be fully consulted by consensus cannot be reached after consultation, drafting units should be submitted draft regulations demonstrate the circumstances and the reasons for it.
    Regulations concerns the adjustment of management system, functions and other major issues, drafting units should be reported to the municipal decision.
    23rd regulation concerning technical or highly specialized, shall convene a feasibility study meeting, relevant professionals and experts from research institutions and scholars to demonstrate.
    24th regulation directly involving citizens, legal persons and other vital interests of the Organization and have a significant impact on the community, drafting unit shall hold a hearing or to the public, seeking the views of the community. 25th articles take the form of written comments, been consulted departments shall, within the time stated in their written submissions, and seal the back. Fails to respond to the drafting units should be reminders.
    Reminders do not reply, should be explained in the drafting instructions.
    Held seminars, feasibility study meeting form for comments, drafting unit shall make a summary of the record of participating units, experts and scholars of main ideas, reason and argument.
    Held a hearing, in accordance with the following organizations: (a) the hearing be held in public, drafting units should be held a hearing in 30 days before the public hearing time, place and content, (ii) participation in hearings by the relevant authorities, organizations and citizens in the drafting of the regulations has the right to ask questions and express their views, (iii) drafting unit shall make a transcript of the hearing, spokesman for the record the main ideas and reasons. Article 26th after the finalization of the draft regulations, drafting units should be written the drafting instructions.
    Drafting instructions should include: regulatory necessity, purpose, basis, required to solve the main problem, main system needs to be established, measures, relevant opinions and instructions for handling and other issues.
    27th draft regulations should be drafted by heads of collective discussion and review by the Chief sign submitted to the legal bodies.
    Drawn up jointly, the units should be mainly responsible for the sign.
    28th when drafting unit submitted to the draft regulations, shall submit the following documents and materials: (a) to request the review function; (b) the draft regulations, and (iii) preparation of notes and (iv) all these views and minutes; (v) according to the laws, rules, regulations and key references. The fourth chapter reviews 29th draft regulations by the legal bodies responsible for review.
    Reviews include: (a) they comply with the provisions of article III of these rules to the Nineth; (b) the coordination, convergence with these regulations; (c) the advice is comprehensive, the concordance of views and differences of (iv) structures, whether provisions and compliance with legislative requirements; (e) other contents need to be reviewed.
    30th rule draft one of the following circumstances, legal bodies in stride, and requested the drafting units within the supplementary materials: (I) sending material does not comply with the provisions of article 26th to 28th; (b) the advice is not comprehensive enough. 31st regulation draft one of the following circumstances, legal bodies could be returned to the drafting unit: (a) is not included in the annual regulatory plan or do not apply for approval in accordance with article 16th;

    (B) the laws, regulations and other rules have been clearly defined and (iii) regulations for relevant departments to draft the main controversy of the system, drafted without consultation with the relevant departments, and (iv) does not comply with the provisions of the second paragraph of this article 22nd (v) is made up of one department or several departments jointly issued a normative document.
    32nd article regulations trial draft content has following case one of of, municipal government legal institutions can requirements drafting units again drafting: (a) not meet this provides third article to Nineth article provides of; (ii) and existing regulations not coordination or change existing regulations related provides, its according to and reason not full of; (three) not meet legislation technology of basic requirements, needed for larger modified of.
    33rd legal institutions should be governed by regulations draft content of the social investigation to examine the necessity and feasibility of legislation, drafting units shall cooperate and assist.
    Article 34th legal authority to review draft regulations form the regulatory review after the draft, can review draft regulations further consultation, coordination, and change.
    Regulations concerning citizens, legal persons and other organizations a significant interest or involve major and difficult issues, legal institutions should convene seminars, feasibility study meeting, to hear their views, research or hold a hearing or review draft regulations published in the media, consult the views of the community.
    The relevant departments of the regulations related to the measures, rights issues such as the Division of opinions diverge, legal institutions should be coordinated to reach consensus; fail to reach a consensus, legal institutions should be addressed at the review and put forward opinions, reported that the municipal government decisions. 35th legal institutions should be based on the careful study of the opinions of all sides, changes to the regulatory review draft, draft regulations on formation and description of the draft.
    Draft regulations description should include the legality, feasibility, important changes in the draft description of the coordination, differences of views and opinions, as well as other issues of note.
    Draft regulations and draft legal organs after the signing, drew attention to the Government for consideration.
    Article 36th legal bodies for the attention of municipal regulations shall submit the following documents: (a) the draft regulations and draft notes, (ii) the opinions of all sides, (iii) draft regulations and preparation of notes and (iv) other materials need to be submitted.
    37th article without a legal mechanism to review the draft regulations, may not be directly submitted to the Government for consideration.
    The fifth chapter decisions, publish and record 38th general rule shall be considered by the Standing Committee of the Municipal Government decided to; regulations involving important matters within the administrative area of the city should be considered by the plenary session of the municipal government decisions.
    39th municipalities considering the draft regulations, it shall notify the legal institutions, drafting units and the heads of relevant departments attended the meeting, and experts, legal advisers may be invited to attend.
    40th city considering the draft regulations, the relevant draft regulations draft drafting instructions; description of the draft regulations by the legal institutions.
    Drafted by the legal institutions and leading organizations in the drafting of the draft regulations from the unified description of legal institutions.
    41st by the consideration of the draft regulations did not pass, the drafting unit modified according to the deliberations and decisions of the municipal government, and within a limited time to submit legal institutions, re-examined by legal institutions in accordance with this provision.
    42nd by the consideration of the draft principles adopted by the regulations, drafted by the legal authority according to the Municipal Government's deliberations and decisions modified form a revised version of the draft regulations, approved by the municipal government.
    Office of the Municipal Government should be promptly revised the draft regulations document audit and reported to the mayors signed municipal government, to the public.
    Article 43rd publishing rules of order shall include the rules of the enacting body, serial number, rule name, signature and date of adoption, date of execution, the Mayor announced.
    44th rule upon signing and promulgation, the departments concerned shall be designated by the municipal government in time publications and published within the administrative area of the city newspapers full text of the regulations.
    At City Hall on the specified publication published text of the regulations as a standard text. Article 45th General regulations should come into force after the 30th from the date of promulgation.
    But not immediately after the announcement implemented could affect regulations to implement, can come into force on the date of promulgation.
    Article 46th regulations shall be published in the 30th, by legal bodies, in accordance with the People's Republic of China Law of legislation and the Archivist filing of regulations and provisions of the Bill submitted to the State Council, the Standing Committee of the provincial people's Congress, provincial people's Government, the Standing Committee of the municipal people's Congress for the record.
    47th within 1 year from the effective date of the regulations, is responsible for organizing the implementation unit shall report the matter in writing to the legal body; special case shall report at any time.
    Sixth explained the power of interpretation, amendment and repeal of article 48th regulation municipal government.
    Regulations of 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.
    Regulations explained by legal bodies explained in reference to Regulation draft for review by this opinion, reported to the municipal government for approval in the form of city government files published for implementation.
    Interpretation of the rules and regulations shall have the same effect.
    49th article regulations in implementation process in the, has following case one of of, about administrative competent sector or municipal government legal institutions should timely to municipal Government proposed modified or abolition of recommends: (a) Regulations content and legal, and administrative regulations or other upper method conflict of; (ii) regulations according to of upper method has modified or abolition of; (three) Regulations of content was about upper method or other regulations alternative of; (four) Regulations content not meet objective actual situation of.
    Modify, repeal regulations procedures, reference to these provisions.
    Revised regulations shall be promptly announced new regulatory texts.
    Other provisions of chapter seventh 50th regulatory requirements should be as legal bodies of the legislative special funds, included in the annual budget. City Government at the time of consideration of the draft annual regulatory plan, together with the legislative special funds budget review.
    Legislative special funds approved by the municipal government, in accordance with the regulations of the financial sector, after the allocation.
    51st article prepared by the city to draw attention to the municipal people's Congress, considered by the Standing Committee of the national people's Congress, or local regulations with reference to these provisions.
    City Government, municipal government departments and the district people's Government develop, publish, other generally binding normative documents, reference to these provisions.
    52nd Chinese version of rule compilation and translations edited by the legal bodies responsible for implementation. 53rd these provisions come into force on December 3, 2004.
                        September 1, 1991 Haikou, enact administrative rules promulgated by the municipal government abrogated the provisional rules of procedure.

Related Laws