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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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(Prelease No. 194 of 29 August 2003)

Chapter I General
Article 1 ensures the quality of regulations, in accordance with the provisions of the Legislative Act of the People's Republic of China (hereinafter referred to as the Legislative Act) and the Regulations and Rules of the State of State (hereinafter referred to as the Regulations) and develops this approach in the light of the realities of the city.
Article 2 sets of regulations, drafting, review, decision, publication, documentation, interpretation and application of this approach.
Article 3. The Government of the city is leading in the development of regulations.
Article IV establishes regulations that should reflect the spirit of reform, scientific norms, changes in government functions to economic regulation, market regulation, social management and public services, and enhance the capacity and level of administrative organs in accordance with the law.
Article 5 establishes regulations that should be guided by the legislative principles established in the Legislative Act and the Regulations, adapt to the actual needs of the city and be local.
Chapter II
Article 6 establishes regulations that should be established. The Government of the communes concerned sectors and districts, districts and counties (markets) considers it necessary to establish regulations that should be submitted to the Government of the city by 30 November for the next year.
The need for regulations, the relevant legal basis, the basic thinking of regulations and the main measures should be described in the presentation.
Article 7
(i) A preliminary draft of the regulations has been developed with the need for regulations and the programme narrative required under subparagraph (iv) of this article, as well as relevant information;
(ii) The content of the regulations does not exceed the scope of the regulations and do not contradict the top law;
(iii) The content of the regulations should be covered by existing laws, administrative regulations, local legislation in the province or in the city, only principled provisions in the regulations of the people of the province or matters requiring regulation by the Government of the city in the specific administration of the present administrative region;
(iv) The content of regulatory projects has provided reasonable and feasible programmes for the main issues to be addressed and the main systems or measures to be established.
Article 8. The citizens, legal persons and other organizations of the city may make proposals for regulations to the authorities of the municipalities.
The development of regulations should include the name of the regulations, the main content and the purpose, reason, and the basis for them.
The State's rule of law institutions should make recommendations for the formulation of regulations, organize research or transmit relevant sectoral studies. For practical recommendations, the rule of law institutions of the Government should be adopted in the formulation of regulations.
Article 9. The rule of law institutions of the Government of the city should conduct a comprehensive study on the development of regulations in accordance with the basic conditions laid down in article 7 of this approach, develop a plan of work for the annual regulations of the Government of the city and report on the implementation of the approval of the Government of the city.
The annual regulations should define the name of the regulations, the drafting sector and the time of completion.
The annual regulations set up work plans that could be divided into formal and preparatory projects based on actual circumstances.
Article 10
As a result of the economic development and social affairs management requirements in this city, additional regulatory projects are required in the year, and the sectors of the project should be presented in a timely manner, in accordance with the requirements set out in the present approach, to the Government's rule of law institutions and to provide information, as required by Article 7 of this approach, to the public authorities' rule of law institutions, which could be included in the work plan for the year, with the consent of the city's people.
Article 11. Implementation of the annual regulation of the development of a workplan incorporating the annual responsibilities for administrative law enforcement in the commune administration, which is carried out by specific organizations of the communal government rule of law institutions.
Drafting
Article 12 is included in the annual regulations for the development of work plans, which are drafted in principle by the relevant departments and districts of the Government of the communes, districts and territories (markets). In complexities, regulations dealing with multiple sectoral management matters, the Government of the city may determine whether it is specifically responsible for drafting by one or more sectors, or whether it may be drafted or drafted by the authorities of the municipality.
Drafting regulations may invite relevant experts or relevant institutions to participate, or to entrust the relevant experts or the relevant bodies with drafting.
The requirements for drafting regulations should be subject to specific funding from the current financial sector and pledges.
Article 13 Departments that assume drafting work should strengthen the organizational leadership of drafting, form drafting groups and designate specialized personnel to prepare drafting work.
Article 14. Drafting regulations should effectively guarantee the legitimate rights and interests of citizens, legal persons and other organizations, while providing for their obligations, the rights they enjoy and the means to guarantee the realization of their rights.
Article 15. Drafting regulations should be in line with the objective requirements of the economic development of the socialist market and the requirement for a change in government functions, without creating provisions on local protection, impeding market circulation and other elements that impede fair competition.
The drafting of regulations should avoid highlighting sectoral powers and interests from the overall interests of the entire Bureau and the people.
Article 17 drafted regulations that, while giving the necessary authority to the relevant executive organs, should also provide for the conditions, procedures and responsibilities that they should assume. The regulatory measures and procedures set out should be conducive to improving the efficiency of the work and facilitating the parties.
Article 18 drafted regulations establishing administrative licences, fees and other matters, and should specify the conditions, procedures and fees for obtaining administrative licences, etc.
Article 19 Drafting regulations should be tailored, clear, exhaustive and operational from the present city.
Article 20 Drafting regulations should conduct in-depth research on practical experience, and promote socialist democracy through written materials and a variety of formats such as colloquiums, symposia, hearings, etc., and widely the views of relevant organs, organizations and individuals.
The regulatory drafting sector should organize a colloquium to listen carefully to the views of the relevant sectors and grass-roots units of the district, the district (market) and the management of the relative. There was a need to hold a demonstration to hear the views of experts or other professionals involved in the event of major legal issues or special professional technical issues.
The content of the regulations relates directly to the interests of citizens, legal persons and other organizations, and hearings should be held. There are significant differences in the content of the draft regulations and the high level of public attention, and the drafting sector can make the draft to society and seek advice.
Article 21, which is drafted, relates to the work of other sectors of the Government of the city, which should be carefully heard and coordinated with the initiative; it is not possible to coordinate the views and draft regulations should be sent to the ibid. (hereinafter referred to as the draft regulations).
The drafting of regulations related to the important issue of the management system, the restructuring of functions, etc., that should be decided by the Government of the city, and the drafting sector should be invited to take the decisions of the Government.
The second article shall be sent to the Government of the People's Republic of the Republic of the Congo, through collective discussions in the drafting sector, by the main heads of the drafting sector.
The drafting sector shall submit the following documents and materials to the drafting branch when they are sent to the draft regulations:
(i) Report on the review;
(ii) Text of the regulations;
(iii) A drafting note on the drafting of the draft articles of the regulations;
(iv) The principal differing views of the relevant organs, organizations, individuals on the texts of the regulations, and the holding of hearings should be accompanied by a record of the hearings;
(v) The relevant legal basis;
(vi) Other relevant materials.
Article 24 provides for clarity, structural norms, language efficacy, avoidance of lengthy cumbersome, ambiguity and ambiguity.
Article 25
Review of chapter IV
Article 26 The review includes:
(i) In conformity with the principles enshrined in the Legislative Act and the Regulations;
(ii) In conformity with articles 14 to 21 of this approach;
(iii) Whether the different views of the relevant organs, organizations, individuals on the draft of the regulations were properly addressed;
(iv) In conformity with legislative technical requirements;
(v) Other elements to be reviewed.
Article 27 shall be subject to the rules of procedure of the Government of the commune to the issuance of the report and shall be organized, coordinated and amended in accordance with the provisions.
The texts of the regulations deal with important issues, and the rule of law institutions of the Government of the communes may convene a colloquium, an expert's event, a hearing and a study.
The content of the draft regulations relates directly to the interests of citizens, legal persons and other organizations, the existence of significant differences, the lack of public consultation by the drafting sector in the drafting process, or the holding of hearings, and public consultation by the State's rule of law institutions can also be held.
Article 28 of the Government of the city's rule of law institutions should treat different views objectively and impartially during the review process.
Relevant bodies or departments have different views on the main measures involved in the issuance of regulations, the management system, the division of competence, and the Government's rule of law institutions should coordinate and seek consensus; it is not possible to reach agreement that the State's rule of law institutions should inform the Government of the city.
Article 29 contains one of the following cases in which the State's rule of law institutions can request the drafting sector to redraft it:
(i) The main content is not in accordance with articles 14 to 21 of this approach;
(ii) The main system set up lacked the basis for practice and needed to be revisited.
Article 33 It should include the development of key issues to be addressed in regulations, the identification of key measures and coordination with the relevant sectors.
Draft regulations and statements were made by the Head of the Rule of Law Institutions of the Government of the Municipalities, which were invited to be considered by the Standing Committee of the People's Government or by the plenary.
Article 31: The Executive Office of the People's Government shall, prior to meetings of the Standing Committee of the People's Government or in plenary meetings, transmit the draft regulations and their statements to the Standing Committee of the People's Government or members of the plenary and other participants.
Chapter V Decisions, publication and documentation
Article 32 should be considered by the Standing Committee of the People's Government or by the plenary.
In considering the draft regulations, a statement was made by the Head of the Rule of Law Institutions of the Municipal Government.
In accordance with the deliberations of the Standing Committee of the People's Government or in plenary meetings of the Municipal Government, amending the draft regulations, forming a draft revised version of the regulations, which may wish to sign orders and make them public.
The order for publication of the regulations should contain the establishment of organs, orders, regulations, dates adopted, date of application, signature of mayors and date of publication.
The regulations should be implemented after 30 days of the date of publication, except in accordance with the relevant provisions of article 32 of the Regulations.
Article 34 of the regulations published by the mayor by signing an order are issued by the Executive Office of the People's Government and published in the State's Depression, the State's Day, and the full text of the Government's website.
The text of the regulations published in the Alejand State is the standard text.
The Executive Office of the Municipal People's Government shall, in accordance with its scope of application, produce a number of texts for public inquiries.
Article 33 15 shall be submitted to the State Department, the People's Government and the Standing Committee of the People's Congress in accordance with the provisions of the Legislative Act and the Regulations within 30 days of the date of publication.
Chapter VI Interpretation, modification and abolition
The right to interpretation of the regulations lies with the Government of the city.
The regulations are interpreted by the authorities of the commune of the communes to comment on the review procedure for the issuance of the draft articles in the present approach, which is published with the approval of the Government.
The interpretation of the regulations is equally valid.
Article 37 should be amended or repealed in due course, in accordance with social development needs.
In one of the following cases, the relevant administrative authorities or the State's rule of law institutions should make proposals for amendments and repeal of regulations in a timely manner:
(i) The top law on the basis of the regulations has been amended or repealed;
(ii) The main elements of the regulations are replaced by the relevant superior law or other relevant regulations;
(iii) The content of regulations is not adapted to the actual needs of society;
(iv) Legal, regulatory provisions should be amended, repealed and other circumstances that should be amended and repealed.
Amendments to the regulations and procedures for their abolition are implemented in the light of this approach.
The new text of regulations should be published in a timely manner, following changes in regulations.
Other provisions of Chapter VII
Article 39 establishes, distributes normative documents by all sectors of the urban, district, district, and municipal government, and should be guided by the principle of the harmonization of the rule of law and shall not be incompatible with the laws, regulations, regulations and regulations.
Nor shall normative documents create administrative penalties, administrative licences and administrative expenses; and administrative penalties, administrative licences and administrative expenses already provided for in laws, regulations and regulations shall not be altered.
Article 40 Civil, legal and other organizations consider normative documents and laws, regulations, regulations and regulations incompatible with the Government of the city, which can be studied by the authorities of the city.
Article 40 establishes normative documents that should be reviewed by the rule of law institutions of the enacting body and carried out in accordance with the procedures for the drafting, consultation, coordination of differences, legal review, discussion of decisions, issuance of the publication and submission of the report.
The normative documents developed should be made public. Normative documents developed by the population and the various sectors of the municipal government are reviewed by the rule of law, subject to the decisions of the Standing Committee of the Government or the provincial office. The normative documents developed by the various sectors of the city's government should be published in the State's Debriefing, following the publication of the legal review by the authorities of the city.
Normative documents developed by the communes, the communes and the various sectors of the communes should be available to the commune of the commune, within 30 days of the date of publication.
Chapter VIII
Article 42 elaborates a draft local legislation to be submitted by the Government of the Municipalities to the General Assembly or its Standing Committee, taking into account the relevant provisions of this approach.
Article 43 The provisions of the Government of the People's Government of the State of Délejan City on the formulation of local legislation and the development of administrative regulations (No. 107 of the Municipal Government Order) were also repealed on 2 December 1996.