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Nanning Rulemaking Procedures Approach

Original Language Title: 南宁市规章制定程序办法

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(Act No. 16 of the Order of the People's Government of South Africa of 30 April 2003)

Chapter I General
Article 1 establishes procedures for regulating the regulations of the people of the city, improving the efficiency of the legislative process, guaranteeing the quality of the regulations of the Government of the city, in accordance with the National People's Legislative Act (hereinafter referred to as the Legislative Act), the Regulations and Rules (hereinafter referred to as the Regulations) and developing this approach in conjunction with the realities of the city.
Article 2, subparagraphs of the regulations of the Government of the city, drafting, review, decision, publication, filing, interpretation of the application of this approach.
Article 3 establishes regulations that should be consistent with the legislative principles established in the Legislative Act and the Regulations, in accordance with constitutional, legal, administrative, self-government and local legislation in the city.
Article IV establishes regulations that must be consistent with the realities of the city and be operational.
Article 5 Community governments have been leading in the development of regulations.
The Office of the Rule of Law in South Africa (hereinafter referred to as the municipal rule of law sector) is specifically responsible for regulations, coordination, argument, review and modification.
Chapter II
Article 6 shall establish regulations. The Government of the People's Republic (zone) and the relevant authorities of the city believe that regulations need to be put in place, and the Government of the city should make a request for regulations. The application and the related material are trajectory to the rule of law sector.
The application shall include the following:
(i) The name of the regulations;
(ii) The need for regulations;
(iii) The relevant legal basis;
(iv) The main issues to be addressed;
(v) The main measures to be taken;
(vi) The drafting of regulations and the means of communication;
(vii) Other matters to be described.
The municipal rule of law sector considers it necessary to require the establishment of an application unit to accompany the first draft of the regulations.
Article 7. Civil, grass-roots organizations, social groups, business units consider the need for regulations that can make recommendations to the municipal rule of law sector. The municipal rule of law sector should conduct a study of the recommendations and respond to them.
Article 8. Application for regulations shall be subject to a study of the need for and feasibility of legislative projects.
Article 9. The municipal rule of law sector should be reviewed in the light of the significant decision-making and deployment of the city's, the Government of the city, in conjunction with the requiredness, feasibility, mature application, and the next annual legislative plan to be developed by the end of the year, to be followed by the approval of the Government of the city. The annual legislative plan sets out work plans and legislative research plans.
Article 10 Regulatory legislation plans can be adapted in accordance with actual circumstances. In addition to the plans to be increased by the relevant units, a review by the municipal rule of law bodies under the present regulations may be added to the current year's legislative plan upon approval by the Government.
Article 11 requests are one of the following cases, are not granted or suspended, and written notification to the requesting sector.
(i) Legislative considerations do not conform to the legislative principles established in the Legislative Act and the Regulations;
(ii) No legislative research as required;
(iii) Legislative conditions are not mature and needless and objective;
(iv) It has been included in national or autonomous regional legislative plans.
Drafting
Article 12 shall be drafted by a unit of the request or by sector with corresponding functions. The municipal rule of law sector should provide the necessary legislative guidance and coordination for the drafting of regulations.
The regulations relate to a number of functional sectors, which can be determined by the Government of the city to be led by one sector, co-drafting or drafting by the municipal rule of law sector.
The regulations are important or complex, and the Government of the city may determine the drafting of the municipal rule of law sector.
Drafting regulations may invite relevant experts or organizations to participate or to entrust the relevant experts or organizations with drafting.
Article 13 Drafting units should complete the drafting process in accordance with the regulatory legislative plan, and should not be completed as soon as the drafting process is completed, a written report should be made available to the municipal rule of law.
The drafting unit has not completed the drafting process at a time and has not made a written statement to the municipal rule of law sector, and the municipal rule of law sector may be brought to the time limit of the Government's accountability.
Article 14. Drafting regulations should be carried out in depth at the grass-roots level, and the views of the relevant organs, organizations and citizens are widely heard through written requests for advice and the holding of colloquiums, hearings, etc. The municipal rule of law sector may be represented at seminars, seminars, hearings.
The time period for the written solicitation of views by the drafting cell is generally less than 10 days.
The drafting cell should organize a colloquium to listen carefully to the views of the relevant sectors of the district (zone), representatives of the population, members of the political union, grass-roots organizations and the relative executives. 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 is a high level of public interest, and the drafting unit could seek advice on the draft.
Article 15. The procedure for convening legislative hearings is governed by article 15 of the Regulations, the Government of the People's Democratic Republic of the Great Britain and Northern Ireland legislative hearings.
The text of the draft regulations concerned the work of other sectors of the Government of the city, and the drafting unit should listen carefully to the views of other sectors and make the initiative to coordinate; the consultations were not in a position to reach agreement and should send the comments and regulations to the ibidsensor and make them clear in the drafting notes.
Article 17 shall be subject to review by the body responsible for the rule of law by the drafting body, which shall be collectively discussed by the drafting body and sent to the Uniform Review of the rule of law sector.
The drafting cell shall submit the following documents and materials to the drafting body when presenting the texts of the regulations.
(i) Five reports submitted for review;
(ii) 50 copies of the regulations and their electronic texts;
(iii) A description of 50 copies and their electronic texts in the text of the draft regulations;
(iv) Written opinions of the relevant organs, organizations and individuals on the draft of the regulations; hearings, hearings should be accompanied by a warrant and a record of five hearings;
(v) Five times the relevant legal basis;
(vi) Five other relevant materials (including research reports, domestic and international legislative information, etc.).
Article 19
(i) The status and problems of normative matters;
(ii) The basic history of drafting regulations;
(iii) The main systems, measures and their legal basis to be established;
(iv) Feasibility and expected effectiveness;
(v) Treatment of views and reasons;
(vi) Other issues that require clarification.
Article 20, which is not in accordance with article 18 and article 19 of this approach, may require the drafting unit to supplement the relevant material within 15 days.
Review of chapter IV
Article 21
The second review of the regulations should introduce a legislative advisory system. Legislative counsellors submit comments and recommendations on governmental legislative activities, as required.
Legislative counsellors are appointed by the municipal rule of law sector.
Article 23. The municipal rule of law sector should seek in writing the views of the authorities, organizations and citizens at the grass-roots level, on the basis of the need to send a copy of the regulations to the relevant organizations and legislative counsellors for their comments and to conduct a study at the grass-roots level and to listen widely to the views of the relevant bodies, organizations and citizens.
Article 24 is important or complex, and the municipal rule of law sector should convene a colloquium, analyst and analyst meeting with the participation of relevant organizations, experts.
The content of the texts of the regulations relates directly to the interests of citizens, legal persons or other organizations, to the existence of significant differences of opinion, to the fact that the municipal rule of law sector can be consulted publicly by the media or to the hearings.
Article 25 The municipal rule of law sector should treat different views objectively and impartially during the review process.
The relevant bodies or departments have differed views on the main measures involved in the issuance of regulations, the management system, the division of competence, and the rule of law sector should be coordinated and sought to reach agreement; the rule of law should not be agreed on the substance of the dispute and the provocative opinion of the municipal people.
Article 26 contains one of the following cases, and the municipal rule of law sector may request the redrafting of the drafting unit:
(i) The main system set aside from the actual or operational nature of my city and the need to re-examine the study;
(ii) The existence of significant legislative deficiencies and the need for a comprehensive adjustment and modification;
(iii) There was a greater controversy in the relevant sectors with regard to the principal system of the provision, and the drafting cell did not consult with the relevant departments.
Article 27 shall complete the review of the texts of regulations within two months of the date of receipt of the draft articles. The complexity of the situation cannot be completed by the end of the period, with the approval of the Government of the city, for a period of one month.
Article 28 provides an overview of all aspects of the rule of law in the city, modifying the texts of the regulations and creating draft regulations and clarifications. It should include the development of key issues to be addressed in regulations, the identification of key systems, measures and coordination with the relevant sectors.
Draft regulations and statements were made by the heads of the municipal rule of law sector to be considered by the Government.
Chapter V Decisions, publication and documentation
Article 29 should be considered by the Standing Committee of the Municipalities or by the plenary.
The Government of the city does not consider any legislative plan, as well as the draft regulations that have not been reviewed by the municipal rule of law.
In considering the draft regulations, statements were made by the municipal rule of law sector. A description may also be made by the drafting cell.
Article 33 amends the draft regulations by the municipal rule of law sector in accordance with the deliberations of the Standing Committee of the People's Government or in plenary meetings, which is submitted to the Mayor to sign the order of the people of the city.
Article 31 shall be implemented after 30 days of the date of publication, except in accordance with the relevant provisions of article 32 of the Regulations.
Following the publication of Article 32, the Southern Innance, the Southern Innin and the municipal information network should be published in a timely manner.
The text of the regulations published by the South Newsletter is the standard text.
The Government of the city has produced a number of regulations for public access.
Following the publication of the regulations, the municipal rule of law sector should convene a press conference with the drafting units, and the municipal media units should be well informed.
Following the publication of regulations, the municipal rule of law sector should, in accordance with the Regulations, the Regulations and Rules, make the texts and statements available to the Department of State, the People's Council of the Self-Government Zone, the Government of the self-government sector, the Permanent Committee of the People's Representatives to the General Assembly.
Chapter VI Interpretation, modification and abolition
Article 34 contains one of the following cases, which are interpreted by the Government of the city:
(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 made by the municipal rule of law sector, in accordance with the review process, to be published after the approval of the Government.
Regulation interpretation is equally effective.
In one of the following cases, the relevant administrative authorities or the municipal rule of law sector should make proposals for amendments, repealing 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 regulations;
(iii) Significant changes in the social realities regulated by regulations;
(iv) Other cases should be amended and repealed.
Amendments, repeals and regulations are implemented in accordance with the relevant provisions of the regulations.
The new text of regulations should be published in a timely manner, following changes in regulations.
Chapter VII
The requirements for legislative activities of the Government should be included in administrative specific funding for the rule of law sector, which is financially guaranteed and ensure the smooth implementation of regulations.
Article 37
Article 338 The Government of the city brings the process of drafting the draft local legislation for consideration by the Assembly and its Standing Committee, taking into account the relevant provisions of this approach.
Article 39 of this approach is implemented effective 1 June 2003. The provisional approach to the development of administrative regulations in the city of Southen, issued by the Government of the people on 4 September 2000, was also repealed.