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Nanjing Municipal Government Rulemaking Procedures

Original Language Title: 南京市政府规章制定程序规定

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(Adopted by Decree No. 211 of 13 January 2003 of the Government of the South Kyoto Republic, which was published as of 1 March 2003)

Chapter I General
Article 1, in order to regulate the procedures established by the Government of the Republic of China and the Regulations of the State of the Republic of China, to enhance the democracy and transparency of the legislation, to ensure the quality of the regulations of the Government, to promote public service-oriented government and to promote the establishment of legislation, regulations and regulations, in line with the laws, regulations, such as the Law of the People's Republic of China and the Regulations of the State of the Republic of China.
Article 2 refers to the Government's regulations (hereinafter referred to as regulations) that are established by the Government of this city in accordance with the prescribed procedures, in accordance with the laws, regulations and regulations, to regulate administrative conduct, adjust the relationship between the executive organs and citizens, legal persons or other organizations, and apply to normative documents within the city's administration.
The name of the regulations may be referred to as provisions, methods, rules and rules for implementation, but may not be referred to as regulations.
Article 3 quater, drafting, review, decision, publication, request and interpretation should be in compliance with this provision.
The enactment of regulations should be consistent with the basic principles enshrined in the Law on the Law of the People's Republic of China and the relevant provisions of the Regulations of the State Department.
Article IV. The Office of the Rule of Law of the People's Government of South Kyoto (hereinafter referred to as the Office of the Rule of Law of the Municipal Government) is the rule of law institutions of this city, with specific responsibility for the development of regulations and the fulfilment of the following responsibilities:
(i) The preparation of the draft annual plan;
(ii) Organization of draft regulations for drafting, reviewing, revising, coordinating and validating;
(iii) Organization of coordination, modification and abolition of evidence regulations;
(iv) Explanation of specific regulations;
(v) Other responsibilities under laws, regulations.
Regions, zones and municipal government departments should work in line with the division of responsibilities to assist the municipal authorities in the drafting and adjudication of draft regulations.
Article 5 Regional, provincial and municipal governments should give priority to the development of regulations and provide the necessary support for the drafting, review, coordination, evidence and issuance of government regulations.
Chapter II
Article 6. Regions, zones and municipal government departments may make recommendations to the municipalities for the development of regulatory projects. The following materials should be submitted to the Office of the Rule of Law of the Municipal Government for the formulation of project recommendations:
(i) Purposes, basis, key systems to be identified, relevant background materials and notes;
(ii) Drafting units and related units;
(iii) Other matters to be described.
The draft regulations have been drafted and should also be submitted in parallel to three copies of the text, which have sought the views of the relevant departments and units, and should also be accompanied by comments and amendments to the relevant sectors and units.
Article 7. Other authorities, groups, business units and citizens in this city may make a recommendation for regulations. Recommendations should be made in writing to the Municipal Government and its relevant departments and districts, the district government or the municipal authorities.
The recommendations made to the municipalities, districts and district governments are answered by the Municipal Government's Rule of Law, and the recommendations made to the relevant sectors of the municipal government are answered by the Ministry in conjunction with the Government's Rule of Law.
Article 8
The regulations should specify the name of the regulations, the drafting unit and the time of completion.
Article 9. The legislative project for the development of annual plans is divided into projects and research projects. The project was designed to refer to projects that were validated and more matureed for consideration by the Standing Committee of the Municipal Government. Research projects refer to projects to be considered by the Standing Committee of the Municipalities when researches, arguments are conducted during the year and when conditions are to be mature.
Article 10 shall not be included in the regulations for the development of annual plans:
(i) The law, such as legislation, regulations and regulations, has already been clearly defined and no need to be re-established;
(ii) Protection of sector interests or local protectionist tendencies through regulations;
(iii) It is a sectoral responsibility that can be adjusted through the development of normative documents;
(iv) Other regulations are not yet in place.
Article 11 establishes annual plans for implementation and monitoring by the Office of the Rule of Law of the Municipal Government. In the course of the organization of implementation, the Municipal Council of Rule of Law may make proposals for adjustments based on the needs of the work, which are submitted to the Government for approval.
Article 12, the authorities of the district, district and municipal governments may, with the consent of the municipal authorities, make requests for regulations based on the need for the practical work, which are made by the municipal authorities.
Drafting
Article 13 provides for the drafting of the draft articles by the district, district or municipal government authorities reporting the project.
The main elements relate to the issuance of regulations relating to the responsibilities of more than two districts, provincial governments or municipal government departments, which are co-drafted by the relevant regional, district or municipal authorities.
In one of the following cases, the texts may be drafted either directly by the Municipal Government's Rule of Law Office or by the organization of the organization, and the municipal government rule of law may also be entrusted with the drafting of the relevant body or expert organizations, and the relevant authorities shall provide sufficient cooperation:
(i) Significant social impacts;
(ii) Relevant major administrative matters;
(iii) The main elements relate to the responsibilities of more than two districts, district governments or municipalities, but there are difficulties in joint drafting;
(iv) The specific functional sector cannot be identified.
Article 14. Drafting regulations should be carried out in depth to study the views of the relevant units, experts and citizens. The hearings can take a variety of written requests, colloquiums, hearings and hearings.
The interests of citizens, legal persons or other organizations directly involved may be made public and consulted by all communities of society. The drafting units may also hold hearings with the authorities, organizations or citizens concerned who have significant differences in their views.
The hearings are 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 regulations drafted;
(iii) The hearings should produce a record of the main points and reasons for the record of the speaker;
(iv) The drafting cell should carefully study the views reflected in the hearings, and the drafting regulations should indicate the treatment of the hearings and the reasons for them when they are sent to the review.
Article 15. The content of the draft articles shall generally include the formulation of purpose, legal basis, scope of application, authority, specific norms, legal responsibilities, date of application.
The drafting of the draft regulations, which should be followed by the relevant laws, regulations and regulations, should be noted. If the original regulations are replaced by the newly drafted regulations, they must be repealed explicitly in the new drafting regulations.
The content of the regulations should be made in the light of the provisions. Article is a basic unit with a constant number of regulations in the Ministry. The following can be subsections, subparagraphs and targets. Nothing figures, subparagraphs and tabular figures. The content is more complex and can be divided, sections.
The draft regulations should be carefully structured so that the terms are accurate and concise, the provisions are clear, specific and operational.
Article 18 Laws, regulations, provincial government regulations have already been specified and the texts are not in principle repeated.
The drafting of the draft regulations should be accompanied by a drafting note containing the following elements:
(i) The need for regulations;
(ii) Basic drafting;
(iii) Main systems and measures established;
(iv) Administrative licence matters, fees, types of penalties, coercive measures;
(v) The main issues to be addressed;
(vi) Comments and treatment of the parties concerned;
(vii) Legislative situations in the field;
(viii) Other issues requiring clarification.
Article 20, in the drafting of a draft of regulations, allows the municipal authorities to intervene in advance, understand the drafting, participate in research, validation and make recommendations and observations.
Following the completion of the drafting of the draft regulations, the drafting cell shall send the regulations to the municipal authorities. The copies of the regulations sent should be signed by the main holder of the drafting unit and sent jointly by the two units and signed by the principal heads of each unit.
The following materials should be delivered simultaneously to the municipal authorities' rule of law.
(i) Drafting notes;
(ii) The main legislative basis;
(iii) feedback and treatment of relevant sectors and units;
(iv) The Ministry of the Rule of Law of the City requires additional material.
Review of chapter IV
Article 2
The municipal rule of law office should review the texts of regulations to be delivered:
(i) In conformity with the basic principles set out in the Law on the Law of the People's Republic of China and the relevant provisions of the Regulations of the State Department;
(ii) Have coordination and interface with relevant regulations;
(iii) The correct and reasonable treatment of views;
(iv) In conformity with the legislative technical requirements under this provision;
(v) Other elements to be reviewed.
Article 23 of the Municipal Government's Rule of Law should send regulations to the relevant organizations and experts for their comments, and conduct practical studies at the grass-roots level and receive the views of the relevant departments, organizations and individuals. A draft of regulations dealing with the public interest and the interests of the people should be sent to the public through a wide-ranging search for social advice. The texts of important regulations, as well as the regulations governing differences in the main issues involved, may organize colloquiums, memorials, hearings, etc., to fully listen to the findings.
The relevant units and individuals shall receive prompt feedback and participation.
Article 24 concerned units and individuals have different views on the main system, the policy of approach, the management system, the division of competence, etc., which should be fully coordinated. After coordination, it was not possible to reach agreement that the municipal administration of law should form a response, along with the main issues, the relevant units and individuals' views to be sent to the municipalities for their decisions.
Article 25 Upon review of the draft regulations, the President of the Municipal Government shall proceed in accordance with the following provisions:
(i) A draft of the regulations mature of the legislative conditions, which form draft regulations and a statement of the texts of the regulations, shall be submitted to the Standing Committee of the Municipal Government or to the plenary for its consideration;
(ii) A revision of the draft regulations that are not in compliance with the requirements of this provision, redrafting or redrafting the drafting cell;
(iii) To make proposals for amendments to the draft regulations that are more difficult to coordinate, and to report to the municipal government decisions;
(iv) The drafting unit shall be informed, with the consent of the municipal authorities, of the fact that the changes in the situation do not require the development or suspension of the formulation of the general normative document.
The draft regulations are to be considered by the Municipal Government's Rule of Law Office at a regular meeting of the municipal government or in plenary meetings, and are scheduled for consideration within 30 days, with the consent of the municipal government.
Decisions and publication
The draft regulations should be considered by the Standing Committee of the Municipal Government or by the plenary.
In considering the draft regulations, the Drafting Unit or the Government Rule of Law Office are described in the draft regulations.
After consideration of the adoption of the draft regulations, the President of the Municipal Government shall, in accordance with the decisions taken by the plenary or the ordinary session of the Municipal Government, amend the draft regulations by requesting the mayor to sign the order.
The order of publication of the regulations shall contain the design organs, orders, names of regulations, dates adopted, dates of implementation, mayors and date of publication.
Article 31 shall be implemented after 30 days of the date of publication. However, the publication would not be immediately followed by the application of regulations that could be carried out from the date of publication.
Following the publication of Article 32, the text of the regulations published in Nanjing, South Kyoto and China Governing Nanjing should be published in a timely manner on the South Kyoto Day, which is the standard text.
Chapter VI Interpretation and documentation
Article 33 contains one of the following cases, which is the responsibility of the municipality to interpret:
(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 the regulations;
(iii) There is a need to properly expand or narrow the scope of application, in accordance with the spirit of regulations.
The interpretation of the regulations should be made publicly available by the Municipal Government's Rule of Law Office, upon approval by the municipality.
Regulation interpretation is equally effective.
Article 34 concerning authorities, groups, entrepreneurship units and citizens' personal needs to interpret the regulations by the municipal government, and should be submitted in writing to the municipal authorities' rule of law.
Article 35 should be sent within 30 days of publication to the Standing Committee of the General Assembly, the People's Government of the Province and the Standing Committee of the People's Congress.
Chapter VII
Article 36 contains one of the following cases and shall be amended or repealed:
(i) The content of adjustments that have disappeared or regulated has not been adapted to the actual needs of society;
(ii) The laws, regulations on which they are based have been amended or repealed;
(iii) Laws, regulations, rules and regulations that have been newly published or are incompatible with them;
(iv) The municipality considers it necessary to modify or repeal it.
Article 37
The normative documents developed by the regional, district and municipal authorities should be implemented in the light of the provisions and should not be granted administrative licences, administrative fees and administrative penalties; and administrative licences, administrative fees and administrative penalties, in accordance with the laws, regulations and regulations, should be submitted to the municipal authorities for review.
Citizens, legal persons and other organizations believe that normative documents developed by regional, district and municipal government departments are incompatible with the law, regulations, regulations and regulations, and can be made available to the municipal government for the purpose of studying the law of the municipal government.
Article 39 edited the publication of a compilation of official texts of government regulations and external translations, which was carried out by the Principality of the Rule of Law in accordance with the relevant provisions of the State.
Article 40 The provisions of the Southern Kyoto People's Government on the development of government regulations, issued on 8 April 1991, were also repealed.