Hangzhou People's Government Regulatory Measures

Original Language Title: 杭州市人民政府规章制定办法

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(August 11, 2003 Hangzhou City Government 20th times Executive Conference considered through August 29, 2003 Hangzhou City Government makes 194th, announced) first chapter General first article for specification city government regulations (following referred to regulations) of developed work, guarantee regulations quality, according to People's Republic of China legislation method (following referred to legislation method) and State regulations developed program Ordinance (following referred to Ordinance) of about provides, combined this city reality, developed this approach.
    Project of the second rule, drafting, review, decisions, publication, record, interpret, and apply these measures.
    The third municipal people's Government to work on the regulations, under unified leadership.
    Article fourth formulation of rules should embody the spirit of reform, scientific and normative administrative acts to promote government functions into economic regulation, market supervision, social management and public services, enhancing the ability and level of administrative organs in accordance with the administration.
    Article fifth regulation should follow the legislative law and the legislative principles of the regulation, adapt to the actual needs in this city, with local characteristics. Sixth chapter projects establish regulations, should be approved.
    Municipal people's Government departments and district and County (City) Government deems it necessary to establish regulations, shall, by November 30 of each year shall be reported to the municipal project for next year.
    When the approval of the project, shall state the necessity of the regulations, relating to the legal basis, basic ideas and measures of regulatory matters. Seventh article reported to the project of regulations project should meet following basic conditions: (a) regulations project has formed draft, and with on developed regulations of need and this article subsection (four) items by requirements of programme description and related information; (ii) regulations project of content not beyond regulations of developed permission, not and upper method conflict; (three) regulations project of content should belongs to existing legal, and administrative regulations, and this province or this city local regulations, and
    The provincial regulation only provides for the principle or the administrative regulations of specific administrative needs municipal matters; (d) the regulations project has been proposed to solve the main problem and intends to establish the main systems or measures were reasonable and feasible plan.
    Eighth article of the city citizens, legal persons and other organizations to regulatory recommendations to the municipal people's Government legal agencies.
    Develop regulations recommendations should include the name, main content and formulation of the purpose, rationale, evidence. Municipal legal institutions should make regulatory recommendations, the organization referred to the relevant departments or research studies.
    Practical advice, city government legal agencies shall be adopted at the time of preparation of the regulatory plan.
    Nineth of municipal legislative affairs agency shall, in accordance with the article seventh project under basic conditions, summarizing research on regulatory projects, develop annual regulatory work of the municipal plan and report to the municipal people's Government for approval before implementation.
    Annual regulations establishing work plans should be clear of names, the drafting Department, finish, etc.
    Annual regulations develop work plans based on the actual situation will project is divided into formal projects and preparatory projects.
    Tenth annual rulemaking can be adjusted according to the actual situation in the implementation of the work plan.
    For this city economic development and social affairs management requirements, need in when increased regulations project of, proposed increased project of sector should according to this approach provides of project requirements, timely to city government legal institutions description situation, and according to this approach seventh article of requirements submitted about information, by city government legal institutions for argument, reported by City Government agreed Hou can included when regulations developed work plans.
    11th annual regulatory implementation of the programme of work, scope of administrative law enforcement responsibility examination and appraisal of annual municipal people's Government, implemented by the municipal legislative affairs agency. Chapter drafting 12th in the annual regulatory plan regulatory projects, in principle, by the approval of the project related to the municipal people's Government departments and district and County (City) Government draft.
    Content issues regulations on complex, involve multiple sectors, can be identified by one or more municipal people's Government departments are responsible for drafting, legal organization can also be determined by the municipal people's Government drafted or drafted by the organization.
    Draft regulations, may invite experts or institutions, may also appoint experts or other relevant bodies.
    Requirements for the drafting of the regulations, should be made by the financial departments to arrange special funds and guaranteed.
    Article 13th drafting departments should strengthen the drafting of organizational leadership and composition of the drafting group, with dedicated staff responsible for drafting.
    Article 14th draft regulations should effectively protect the legitimate rights and interests of citizens, legal persons and other organizations, in compliance with its obligations at the same time, should also provide that the rights and guarantees enjoyed by the right of way.
    15th draft rule shall meet the objective requirements of the development of the Socialist market economy and the requirements of the transformation of government functions, not to create local protection, impeding circulation and other prejudice fair competition provisions.
    16th the drafting of regulations, should start from the overall situation and the overall interests of the people and avoid emphasizes the rights and interests of the Department. 17th draft regulation, conferred on the executive authorities the necessary terms of reference at the same time, should also provide the functioning conditions, procedure and shall bear the responsibility.
    Prescribed management practices and procedures should enhance work efficiency, facilitate the parties.
    18th draft regulations, establishment of an administrative license, fees and other matters, an administrative license shall be clearly stipulated conditions, procedures and fees and the scope of the project.
    19th draft rule should be from the reality of the city, specific, clear and detailed, with maneuverability.
    Article 20th draft regulations, shall carry out thorough investigation and study, sum up experience, and through written materials and held seminars, feasibility study meeting, hearing and other forms, promote Socialist democracy, listen to the views of relevant bodies, organizations and individuals. Regulation drafting departments shall organize seminars, listened to district and County (City) departments and the views of the grass-roots units and the management.
    Involving significant legal issues or special professional problems, shall convene a feasibility study meeting, listening to the views of relevant experts or other professionals. Regulatory content is directly related to the vital interests of citizens, legal persons and other organizations, shall hold a hearing.
    Drafting regulations there are significant differences, a high degree of public concern, drafting departments can contribute to the society published the draft for comments.
    Article 21st draft regulations concerning work of the other departments of the municipal government, drafting departments shall listen, active coordination could not be coordinated, should their views on the draft with draft regulations (hereinafter referred to as draft regulations) reported.
    Drafting regulations concerning management system and functions adjustment shall be carried out by municipal decisions on major issues, drafting departments should report to the municipal people's Government for decision.
    22nd regulations draft shall be subject to drafting sectoral collective discussion, drafted mainly by the staff issue, submitted to the municipal people's Government legal agencies.
    23rd article submitted regulations trial draft Shi, drafting sector should submitted following file and material: (a) reported to the review of report; (ii) Regulations trial draft; (three) Regulations trial draft of drafting description; (four) about organ, and organization, and personal on regulations trial draft of main different views, held hearing of, should with hearing of records; (five) about legal according to; (six) other about material.
    24th article submitted to the draft regulations, structure norms, language provisions should be clear, concise, avoiding cumbersome, not vague, ambiguous.
    25th draft regulations do not comply with the provisions of article 23rd, municipal people's Government legal agencies may request the drafting Department, additional relevant information within the specified time; drafting departments without the required supplementary information or drafting does not meet the provisions of this article 22nd, 24th, municipal people's Government legal agencies may return the regulation draft drafting departments. The fourth chapter reviews 26th draft regulations by municipal bodies responsible for the review of the legal system.
    Reviews include: (a) compliance with the legislative principles of the Act and the regulations, (ii) compliance with the provisions of article 14th to 21st, (iii) is correctly dealt with the relevant organs, organizations and individuals in different comments on the draft regulations, (iv) compliance with legislative requirements; (e) the need to review more.
    27th municipal people's Government legal agencies to submit the draft of the regulations should be in accordance with the regulations organizations demonstrated, coordination, and modified.
    Draft regulations on important issues, municipal people's Government legal agencies may hold the relevant organizations, the participation of experts in seminars, feasibility study meeting, listening, research and demonstration.
    Regulations draft content directly related to the vital interests of citizens, legal persons and other organizations, there are significant differences, and drafting departments during the drafting process was not open to the public for comment, did not hold a hearing, municipal people's Government legal agencies to open to the public for comments, and can also hold a hearing.
    28th of municipal legislative affairs agency in the review process should be objective and impartial, and facts about a variety of different views.
    Relevant authorities or departments draft regulations related to the measures have different views, the Division of management, permissions, municipal people's Government legal agencies should be coordinated to reach consensus; fail to reach an agreement, municipal legislative affairs agency shall be submitted to the municipal people's Government for decision. 29th regulation draft one of the following circumstances, redrafted the municipal legislative affairs agency may request the drafting Department: (a) the primary content does not comply with the provisions of article 14th to 21st, (ii) set of major systems practice, you need to research.

    Article 30th municipal institutions integrated various aspects of the legal system, to modify the regulation draft, draft regulations on formation and their descriptions.
    Description should include the development of regulations to solve problems, identify the major measures and coordination with relevant departments, and so on.
    Draft regulations and instructions, head of Legislative Affairs Agency, by signing, reported to the Standing Committee of the municipal people's Government, or for consideration in plenary meeting.
    31st of municipal people's Government Office in the municipal people's Government Executive meeting or plenary before the session, draft regulations and instructions, and information distributed to the municipal people's Government Executive meeting or plenary meetings of members and other persons participating in the meeting.
    The fifth chapter decisions, publish and record 32nd rule shall be the municipal people's Government Executive meeting or plenary decision.
    Consideration of the draft regulations, the municipal head of Legislative Affairs Agency notes on the draft regulations.
    Article 33rd municipal people's Government legal agencies according to the municipal executive meeting or deliberations of the plenary session, changes to the draft regulations, form a revised version of the draft regulations and submit them to the Mayor signed an order, to be published.
    Publishing rules of order, shall set forth the enactment organ, the number of regulations, rule name, date of adoption, date of execution, the Mayor signed, and release date.
    Rule shall be implemented since the 30th after the date of its publication, but in line with the regulations except as provided in section 32nd.
    Article 34th Mayor signed an order published regulations, issued by the municipal people's Government Office in charge, and the Hangzhou Government and the Municipal Government of Hangzhou daily and published in full on the Web site.
    The Hangzhou government newspaper published text of the regulations as a standard text.
    Regulations released by the Office of the municipal people's Government should be based on the size of its scope, the printing of a number of texts available to the public at.
    35th regulations shall be published in the 30th, by the municipal legal system in accordance with the legislation law and the provisions of the regulations, the State Council and the Standing Committee of the provincial people's Congress, the provincial people's Government, the Standing Committee of the municipal people's Congress for the record.
    Sixth chapter interpretation, amendment and repeal of 36th regulation's explanation right belongs to the municipal people's Government.
    Interpretation of the regulations, the municipal people's Government legal agencies in accordance with the measures in the draft opinion on the review process of the regulations, approved by the municipal people's Government announced.
    Interpretation of the regulations with the regulations shall have the same effect.
    37th regulations should be according to the needs of social development, duly amended or annulled.
    Has following case one of of, about administrative competent sector or city government legal institutions should timely proposed modified, and abolition regulations of recommends: (a) regulations according to of upper method has modified or abolition of; (ii) Regulations of main content was about upper method or other about regulations alternative of; (three) Regulations specification of content has not adapted social actual need of; (four) legal, and regulations provides should modified, and abolition and other should modified, and abolition of case.
    38th regulations amended, repealed the program, in accordance with the measures implemented.
    Revised regulations shall be promptly announced new regulatory texts.
    Other provisions of the seventh chapter 39th of municipal, district and County (City) departments of people's Governments and municipal development, publishing normative documents, shall follow the principle of the uniformity of the legal system, and shall not conflict with the laws, rules and regulations.
    Regulatory documents shall not set administrative sanctions, administrative licensing and administrative fees; the laws, rules and regulations of administrative punishments, administrative licensing and administrative fees shall not change the applicability and scope.
    40th citizens, legal persons and other organizations believe that normative documents and contravene the laws, regulations and rules, can make recommendations to the municipal people's Government, the municipal people's Government legal agencies dealing with.
    Section 41st normative documents should be reviewed by the legal legitimacy of the enacting body, and in accordance with the survey drafting, advice, compromise of differences, legal review, discussion and decision, issuance of publication and report filing procedures. Development of normative documents shall be made public. District and County (City) people's Government and municipal government departments to formulate normative documents, after review by the legal entity, subject to Government Executive or Office meeting to consider the decision.
    Municipal Government departments to make announced prior to the implementation of normative documents should also be submitted to the municipal people's Government legal organization following a legal review, unified in the Hangzhou government newspaper reported.
    District and County (City) departments of people's Governments and municipal development of normative documents, shall from the date of publication in the 30th to municipal legal filings.
    The eighth chapter supplementary articles article 42nd municipal people's Government drew attention to the municipal people's Congress or its Standing Committee consideration of draft local regulations with reference to relevant provisions of the measures. 43rd these measures shall come into force on October 1, 2003.
                                                                                                            December 2, 1996, published by the people's Government of Hangzhou, Hangzhou municipal people's Government on proposed local laws motion and the development of administrative regulations on rules and procedures (municipal 107th) repealed simultaneously.

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