Advanced Search

Suzhou Municipal People's Government Regulatory Requirements

Original Language Title: 苏州市人民政府规章制定规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

(Summit 11th ordinary meeting of the People's Government of Sus State of 1 July 2003 to consider the adoption of the Decree No. 40 of 24 July 2003 of the People's Government Order No. 40)

Chapter I General
Article 1 guarantees the quality of regulations in accordance with the laws, regulations and regulations relating to the organization of the People's Government at the local level of the People's Republic of China, the People's Legislative Act of the People's Republic of China, the Regulations and Rules, the Regulations and Rules, and the provisions of this provision in the light of the reality of this city.
Article 2, subparagraphs of the regulations, drafting, review, decision, publication, interpretation, approval, application of this provision.
The regulations referred to in this provision refer to normative documents established by the Government of the city in accordance with laws, regulations and provisions that apply generally to the administration of the city and have legal effect.
Article 3 is the name of the regulations, methods and implementation rules and means of implementation. A more comprehensive and systematic norm for administrative work in a particular area, stating that the executive rules or means of implementation are regulated by a certain part of the administrative work in a particular area or by a norm of an administrative work.
Article IV shall be in compliance with the following principles:
(i) Based on legal, administrative and other superior laws, in conformity with the rules of the World Trade Organization and the external commitments of my Government;
(ii) In line with the principles of simplification, harmonization and effectiveness, to promote changes in government functions to economic regulation, social management and public services;
(iii) To reflect the principle of unity between the competence and responsibility of the executive organs and to effectively guarantee the legitimate rights and interests of citizens, legal persons and other organizations;
(iv) Building, social development and reform, on a full-fledged basis, with a more targeted and effective nature;
(v) Full investigation into research, reflecting objective regulation, making regulations relatively stable, consistent and operational, and addressing local practical issues.
Article 5 may provide for:
(i) Matters requiring regulations for the implementation of legislation, administrative regulations, local legislation;
(ii) Specific administrative matters in the city's administrative region.
Article 6. The Office of the Government of the People's Rule of Law is responsible for the preparation of regulations, the review of the draft regulations, the coordination of the issues contained in regulations and the monitoring of the implementation of the regulations.
The various sectors of the city's Government should be able to work in the process of regulation.
Chapter II Planning
Article 7 establishes regulations that must be integrated and systematic, step-by-step and focused.
Regulation 8 must be developed in accordance with national and provincial legislative planning, as well as open, economic construction, practical needs for social development and possible regulatory planning and annual plans. The application of regulatory planning is usually five years.
Article 9. All sectors of the city's Government, in accordance with their responsibilities and the needs of the city-wide administration, should submit, by the end of August, the next year of the sector's recommendations to be drawn up by the end of August, a formal presentation to the Office of the Rule of Law of the People's Government. The Office of the People's Government of the communes can open the legislative project to the entire society, as required.
The content of the proposed regulations should include the name of the regulations, the formulation of the basis, the rationale, the department responsible for drafting, the office of the office and the scheduled time of delivery.
Article 10. The Office of the Government of the People's Rule of Law conducts a study of the recommendations made by various departments or to make public the collection of regulations in society, sets out the annual plan for the development of regulations and implements by the Government of the city.
Article 11 projects with one of the following conditions may be included in the development of the annual regulations:
(i) The development of rules or means of implementation, in accordance with laws, regulations or regulations of the superior government;
(ii) To follow up on the relevant laws, regulations or national approaches, policies that require the development of corresponding norms within the entire city or city area;
(iii) There is an urgent need to develop uniform norms in practice and to establish basic maturity.
Article 12 is one of the following cases, and the establishment of annual regulations is not scheduled or suspended:
(i) The relevant laws, regulations or regulations have already made it clear that they are not necessary;
(ii) There are no regulatory conditions in place;
(iii) Beyond the terms of reference of the law, legislation and regulations;
(iv) The scope of specific sectoral operations and professional technology.
Following the establishment of the annual plan for regulation 13, the relevant authorities of the city must be carefully organized. The Government's Office of the Rule of Law should strengthen the promotion and guidance on the implementation of the plan.
Article 14. In the course of the planned implementation, due to developments in the situation and changes in circumstances, or as a result of the work needs, the relevant sector needs to adjust the plan or increase the legislative project, which must be submitted in writing, and the Office of the Rule of Law of the Municipal People's Government will make recommendations with the relevant sectoral studies, with the consent of the city's people, with appropriate adjustments to the plan. The Government's Office of the Rule of Law of the Municipalities may also submit a report on the adjustment plan to the Government of the city, based on actual needs.
Chapter III
The draft regulations are drafted by the authorities of the municipality in accordance with the division of labour and the scope of responsibility. The content involves regulations in several sectors that are dominated by the authorities and are co-drafted by the relevant sectors.
For important regulations, it may be possible, if necessary, to organize joint drafting by the Ministry of the Rule of Law of the People's Government.
Drafting regulations may invite relevant organizations or experts to participate or to entrust the drafting of relevant organizations or experts.
The requirements for drafting regulations should be included in the administrative budget for the drafting sector.
Article 16 Drafting regulations shall be based on a careful study of the relevant laws, regulations and approaches, policies, in-depth research and full knowledge of the circumstances and information. In the drafting process, the drafting sector should be widely consulted and, if necessary, the views of the experts, scholars and the relative executives.
Article 17 shall specify the purpose, the legislative basis, the scope of application, the authority, the specific norms, the rules of awards and the date of application.
Article 18 governs the form of provisions to be used as a basic unit with subsections, subparagraphs and subsections. More provisions may be sub-chapters and sections.
Article 19 should conceptualize accuracy, logic, clarity, structure, clarity and language norms.
The draft regulations deal with major administrative measures, and the drafting sector should propose programmes in consultation with the relevant sectors and report to the Government of the city on its decisions.
Article 21 contains regulations relating to the responsibilities and operations of other sectors, and the drafting sector should take the initiative to reach agreement with the relevant departments. After full consultation, it should be accompanied by different opinions and reasons, which are determined by the Government of the city.
The draft regulation of article 22, which was finalized by the drafting sector, should be signed by the principal heads of the authorities to form an official text of the draft regulations. The drafting sector will send the report, draft notes, the text of the draft regulations and the above-mentioned materials to the Government of the urban people, while transmitting the Office of the Government of the People's Rule of Law. Reference information, background material should be attached together.
The drafting notes include the need for regulations and the basis for the drafting process, the consultation process, the clarification of important provisions and the views of the sectors.
The draft regulations cannot be sent to the Government of the communes on the basis of the planned time frame.
Chapter IV
Article 23 provides for the draft regulations of the Government of the People of the city, which is to be reviewed by the Office of the Rule of Law of the People's Government and to advise the Government of the city.
Article 24 allows the Government's Office of the Rule of Law to conduct legislative investigations and requests for advice in writing when reviewing the draft regulations. After receipt of a request for comments, careful study should be carried out, suggestions for amendments or suggestions, and, in addition, public chapters should be sent to the Government's Office of the Rule of Law at a limited time.
The draft regulations relate directly to the interests of citizens, legal persons or other organizations, with significant differences in views among the authorities, organizations or citizens concerned, and the Office of the Government of the Republic of the city, with the approval of the Government of the People's Democratic Republic of the Congo, may be made available to the society to seek the views of the various communities of society or to hold legislative hearings.
Legislative hearings are organized in accordance with the following procedures:
(i) The hearings were held in public and the hearing-implementation authorities should 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 shall be entitled to question and comment on the draft regulations;
(iii) The hearings should produce a record of the main points and reasons for the record of the speaker;
(iv) The hearing implementation sector should carefully study the views reflected in the hearings and, when the draft regulations are submitted to the Standing Committee of the People's Government or to the plenary, the treatment of the hearings and the reasons for them should be explained.
Article 26 There were different views on the main measures involved in the draft regulations, the management system, the division of competence, which should be coordinated and agreed; there should be no consensus on the basis of legal, regulatory and sectoral responsibilities, to be reviewed and brought to the decision of the Government.
The draft regulations, which are subject to revision, are dealt with in different circumstances, as follows:
(i) Draft regulations that are generally in line with the requirements of this provision, to be considered by the Government of the city;
(ii) An opinion may be made with respect to non-compliance with the drafting requirements or the need for greater amendments, which, with the consent of the Government of the city, redraft or modify the drafting sector;
(iii) The drafting sector shall be informed by the consent of the Government of the urban population, on the basis that the changes in the situation have not been developed or should be suspended, as well as the need to be changed to other normative documents.
Article 28 should carefully study the views of all parties and, in consultation with the drafting sector, revise the draft regulations, form the revised draft regulations and provide a description of the draft. The review notes should include the development of key issues to be addressed in regulations, the establishment of key measures and coordination with the relevant sectors.
Article 29 draws the Government of the city to consider the draft regulations, which are first reviewed by the heads of the municipal government, are generally in line with the requirements, submitted to the Standing Committee of the Municipal People's Government or to the plenary for their consideration; and does not meet the requirements, to make observations that would be further revised by the Office of the Rule of Law of the Municipal Government.
Article 33
Article 31 of the regulations adopted by the Municipal People's Government, issued by the mayor's signing of the Government Order and published in the State of Sus State, the Communiqué of the Government of Sud State and the full text of the Government's website.
The text of the regulations published in the Communiqué of the People's Government of Sus State is the standard text.
Article 32 should be implemented after 30 days of the date of publication. With regard to the non-implementation of regulations beyond publication, it may be carried out from the date of publication.
Explanation, documentation and monitoring of implementation
Article 33 regulates the right to interpretation as the Government of the city.
One of the following conditions may be interpreted:
(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 regulations.
The regulatory interpretation is provided by the Office of the Government of the People's Republic of the commune to comment on the draft regulations review process, which is invited to be made public after the approval of the Government of the city.
The interpretation of the regulations is equally valid.
Article 34 states that, within 30 days of the date of publication, the State of State, the Government of the Provincial People, the Permanent Committee of the People's Congress of the Province, and the Standing Committee of the People's Congress.
Following the issuance of regulations, the Government authorities and the Government's Office of the Rule of Law should regularly review implementation and study issues in the implementation process. In the first quarter of the year after the issuance of the regulations, the authorities of the Government should report on implementation in writing to the Government of the city.
The regulations that have been issued in article 36 require amendments, additions, repeals, written reports by the original drafting sector, which are governed by the procedure set forth in this provision.
Article 37 Effective regulations and other normative documents are regularly compiled by the Office of the Rule of Law of the People's Government.
Annex VI
Article 338 drafted the draft local legislation to be considered by the Conference of the People of the city or by the Standing Committee of the Municipalities, and the working procedures for developing other normative documents of the Government of the city, taking into account this provision.
The people of the district (zone) and the various sectors of the urban government have developed normative documents that are jointly reviewed by the Government's rule of law sector or the rule of law institutions and are implemented in accordance with this provision. The submission of normative documents remains in accordance with the provisions of the Normative Document Forensic Documents of the State of Sus State.
Article 39 The provisions of the Regulations of the People's Government of Sus State of 15 October 1993 were also repealed.