Nanjing Municipal Government Rulemaking Procedures

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(On January 2, 2003 Nanjing City Government Executive Conference considered through on January 13, 2003 Nanjing City Government makes No. 211, announced since on March 1, 2003 up purposes) first chapter General first article to specification this municipal government regulations of developed program, enhanced legislation of democratic sex and transparency, guarantee Government regulations of developed quality, promoted public service type Government of construction and promote law administrative, according to People's Republic of China legislation method and State regulations developed program Ordinance, legal, and
    Regulations, and the city's actual, these provisions are formulated.
    Second Government regulations in these rules (hereinafter rules) refers to the municipal government in accordance with laws, regulations, and procedures pursuant to the provisions enacted in the form of Municipal Government announced to regulate administrative acts, adjusting the administrative relations between the authorities and the citizens, legal person or other organization, applicable within the administrative area of the city, generally binding normative documents.
    Name can say provisions of the regulations, practices, rules, regulations and so on, but not Bill.
    Third article this project with city regulations, drafting, review, decisions, publication, record, interpret, shall comply with this regulation.
    Regulations should be consistent with the People's Republic of China legislative act provides for basic principles and procedures Ordinance the relevant provisions of the regulations of the State Council.
    Fourth article Nanjing Government Legal Office (following said municipal government legal do) is this municipal Government of legal work institutions, specific is responsible for regulations developed work, perform following duties: (a) is responsible for prepared regulations developed annual plans draft; (ii) Organization drafting, and review, and modified, and coordination, and argument regulations draft; (three) organization coordination, and argument regulations of modified, and abolition work; (four) specific hosted regulations of explained work; (five) legal, and regulations provides of other duties.
    District, County and municipal government departments shall, in accordance with the Division of responsibilities, assist legal drafting of the draft common regulations and work.
    The fifth area, County and municipal government departments should pay attention to the work on the regulations, government regulations drafting, review, coordination, demonstrate and publish work to give the necessary support. Chapter II creation of the sixth district, County, and municipal government departments, regulatory project recommendations to the municipal government.
    Proposed rulemaking project proposals shall be submitted to the Legislative Affairs Office of the Municipal Government of the following materials: (a) to develop objectives, basis, to be determined by the main system, the background materials and description; (b) drafting units and related units and (iii) other matters described.
    Draft has drafted regulations and shall submit three copies of the text; submission of consultation with the relevant departments and units before, you should also submit the views of the relevant departments and units and suggest changes. Seventh article this, other State organs, organizations, enterprises and institutions and individual citizens can make regulatory recommendations for project.
    Recommendations should be made in writing to the municipal government and the relevant departments and the district, the County Government or legal office.
    Recommendations to the municipal, district and county governments by the Legislative Affairs Office of the municipal government response proposals put forward by the Department to the municipal government in conjunction with the Legislative Affairs Office of the municipal government response.
    Eighth municipal legal Affairs Office should be based on actual needs, solicit and seriously study the views from all sides on the basis of each year, until the end of the next annual regulatory draft annual plan, after consideration by the municipal government through the issuance of Government Executive.
    Regulations prepare annual plans shall specify the name, drafting unit, timelines, etc. Nineth regulation legislative projects to develop annual plans divided into development projects and research projects. Project refers to the argument, more mature then reported to the Standing Committee of the Municipal Government of its consideration of the item.
    Research project refers to the year the research, demonstration, and when conditions are ripe, submitted to the Standing Committee of the Municipal Government of items to be considered.
    Tenth article has following situation one of of, shall not included regulations developed annual plans: (a) legal, and regulations, upper method has has clear provides, not need again developed of; (ii) through developed regulations protection sector interests or has place protectionism tendencies of; (three) belongs to sector duties matters, through developed normative file can adjustment of; (four) other is not has developed regulations conditions of. 11th rule making annual plans by municipal legal Affairs Office is responsible for organizing and monitoring the implementation.
    Legislative Affairs Office of the municipal government in the implementation process in accordance with the needs, adjustment scheme proposal, reported to the municipality for approval.
    12th District, County and municipal government departments can work according to the actual need to put forward regulatory requirements, approval by the municipal government, by the Legislative Affairs Office of the municipal government approval.
    Chapter drafted 13th draft regulations submitted by the project of district, County or municipal government department responsible for drafting.
    Mainly related to two or more district, County or municipal government departments draft regulations, drafted jointly by the district, County or municipal government departments concerned.
    Has following case one of of regulations trial draft, can by municipal government legal do directly drafting or organization drafting, municipal government legal do also can according to situation delegate about institutions or experts organization drafting, related sector should give full tie: (a) has major social effect of; (ii) involved major administration matters of; (three) main content involved two a above district, and County Government or municipal government sector of duties, but joint drafting has difficult of; (four) cannot clear specific functions sector of. The 14th draft rule should be thorough investigations and studies, widely listen to the views of relevant units, experts and citizens.
    Hearings may be in written comments, forums, feasibility study meeting, hearing and other forms. Directly related to the vital interests of citizens, legal persons or other organizations can be announced to the public and seek the views of all sectors of the community.
    Relevant bodies, organizations or citizens have major differences of opinion, drafting units can also hold a hearing. Hearing in accordance with following program organization: (a) hearing public held, drafting units should in held hearing of 30 recently announced hearing of time, and locations and content; (ii) participate in hearing of about organ, and organization and citizens on drafting of regulations, right to questions and published views; (three) hearing should making record, truthfully records spokesman of main views and reason; (four) drafting units should seriously research hearing reflect of various views, drafting of regulations in submitted review Shi,
    Shall state the views of the hearing dealing with the situation and the reasons for it.
    15th rule draft content should include objective, legal basis, scope, authority, specific norms, law, execution dates. 16th draft regulations draft, it should be noted that interface with relevant laws, regulations and rules.
    If existing regulations have been replaced by the new draft regulations, to be specified in the new draft regulations be repealed. 17th provisions of regulation ought to be used. As the basic unit, numbered consecutively in the whole regulation. Records can be divided into paragraphs, items, accounts. Not numbers, and as numbers.
    More complex, can be divided into chapters and sections.
    Draft regulations should be structured, the clarity, the term is accurate, concise, explicit, specific, operational.
    18th already have laid down by laws, regulations, government regulations, and regulations in principle, the draft provisions will not repeat.
    19th article drafting regulations trial draft Shi, should while intends wrote drafting description, drafting description should including following content: (a) developed regulations of need; (ii) drafting of basic after; (three) established of main system and measures; (four) involved of administrative license matters, and charges matters, and punishment type, and forced measures; (five) needed solution of problems; (six) concerned of views and the processing situation; (seven) field similar legislation situation; (eight) other need description of problem.
    20th in the draft in the process of drafting regulations, Legislative Affairs Office of the Municipal Government can intervene early to learn drafting, participate in research, demonstration, and made suggestions and comments. 21st rule draft drafting work is completed, draft drafting unit shall submit to the municipal government regulations.
    The draft regulations should be submitted signed by the drafting Unit Chief, unit of two or more joint submissions, signed by units primarily responsible.
    Submit the draft regulations, should be submitted to the Legislative Affairs Office of the municipal government the following materials: (a) preparation of notes and (ii) the main legislative basis; (c) feedback from relevant departments and units and the handling of the case; (d) the legal requirement to submit additional material.
    The fourth chapter examines the 22nd draft regulations by the Legal Affairs Office of the Municipal Government is responsible for the review of article.
    Municipal government legal do should from following aspects on regulations trial draft for review: (a) whether meet People's Republic of China legislation method provides of principles and State regulations developed program Ordinance of about provides; (ii) whether and about regulations coordination, and convergence; (three) on the aspects views of processing whether right, and reasonable; (four) whether meet this provides of legislation technology requirements; (five) need review of other content. 23rd municipal legal Affairs Office shall rule draft and related problems about organizations and experts for their comments, and actual grassroots research, hear the views of grass-roots departments, organizations and individual citizens. Against the public interest and the interests of the people regulations draft, should solicit public opinions through the Internet.
    Important regulations draft regulations draft involving major differences of opinion, Legislative Affairs Office of the Municipal Government can organize seminars, feasibility study meeting, hearing and listened to advice, research and demonstration.
    Units and individuals upon receipt of a request for comments and notice of the meeting, feedback on time, attend the meeting. Units of the 24th and individual provisions of the draft regulations the main system, policies, management systems, different views of the power Division, Legislative Affairs Office of the Municipal Government should be well coordinated.
    Coordinated, consensus cannot be reached, Legislative Affairs Office of the Municipal Government should be formed, along with the main issues, the relevant units and individuals submitted to the Government decision.
    25th article regulations trial draft by review Hou, municipal government legal do should according to following provides handle: (a) on legislation conditions mature of regulations trial draft, formed regulations draft and the on regulations trial draft of description, drew attention to the Municipal Government Executive Conference or all Conference considered; (ii) on not meet this provides requirements of regulations trial draft, proposed modified views, returned drafting units modified or again drafting; (three) on contradictions larger to coordination consistent of regulations trial draft, proposed modified recommends, reported Municipal Government decided;
    (D) due to changes in circumstances are not needed or should postpone the development, as well as the General regulatory documents published, approval by the municipal government, informed the drafting units.
    26th draft regulations submitted by the Legislative Affairs Office of the Municipal Government Municipal Government Executive meeting or plenary, after approval of the municipal government, scheduled for consideration in the 30th.
    Fifth chapter decided to 27th draft regulations should be released by the Municipal Government Executive meeting or plenary decision.
    The 28th when considering the draft regulations, the drafting unit, or legal description of the draft regulations.
    29th after the consideration of the draft regulations was adopted, Legislative Affairs Office of the Municipal Government shall, according to the Municipal Government of all Conference or general meeting made the decision, after changes to the draft regulations and submit them to the Mayor signed an order to be published.
    Released 30th rule of order shall set out the rules of the enacting body, serial number, rule name, date of adoption, execution date, the Mayor's signature, and the release date. 31st regulation 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.
    The 32nd after the publication of Regulation shall be promptly in Nanjing, Nanjing daily, political and Nanjing, China posted on the Web site, which published by the Nanjing government regulatory texts for standard texts.
    Sixth chapter explains and record 33rd rule any of the following circumstances, the municipality is responsible for the interpretation: (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 and (iii) according to the spirit of regulations, appropriate expand or narrow the scope of application.
    Interpretation of the regulations should be submitted to the Legal Affairs Office of the Municipal Government announced after the approval of the municipal government.
    Regulations explanation has the same effect.
    Article 34th relevant organs, organizations, enterprises and institutions and the individual needs of the municipal interpreting the regulations, should be submitted in writing to the Legal Affairs Office of the municipal government.
    Within 30th after the 35th rule should be, submitted to the State Council and the provincial people's Congress Standing Committee, the Standing Committee of the provincial people's Government and the municipal people's Congress for the record.
    Seventh chapter schedule 36th article regulations has following situation one of of, should be modified or abolition: (a) adjustment object has disappeared or specification of content has not adapted social actual need of; (ii) by according to of legal, and regulations has modified or abolition of; (three) has was new announced of legal, and regulations, and regulations replaced or with occurred conflict of; (four) Municipal Government think has necessary for modified or abolition of.
    37th City Government brought local regulations, issued on behalf of the municipal government, forward review of other normative documents, reference to the provisions of the relevant provisions.
    38th District, County and municipal government departments to make the normative documents, reference should be made to these provisions, and shall not be establishment of an administrative license, the administrative charges and administrative penalties; according to the laws, regulations and rules stipulate that the licensing, administrative charges and administrative penalties, and shall be submitted to the Legislative Affairs Office of the Municipal Government to review before it is published.
    Citizens, legal persons and other organizations that the district, County and municipal government departments regulatory documents developed by the same laws, regulations, regulatory conflicts, can make recommendations to the City Government, run by the legal research process.
    39th Edition and publication regulations compilation of official texts, translations, carried out by the Legislative Affairs Office of the municipal government, in accordance with relevant regulations of the State. 40th article of the regulations come into force on March 1, 2003.
                                                                              On April 8, 1991, issued by the Nanjing municipal government abrogated the provisions relating to government regulations.