Key Benefits:
(Prelease No. 154 of 11 February 2003 of the People's Government Order No. 154) adopted at the 29th ordinary meeting of the People's Government of San Suu province on 7 January 2003) Chapter I General Article 1 establishes procedures for regulating regulations and guarantees the quality of regulations, in accordance with the Law of the People's Republic of China and the Regulations of the Department of State, to develop this provision in conjunction with this province. Article 2 Article 3. (i) Matters requiring regulations for the implementation of legislation, regulations; (ii) Specific administrative matters in the province's administrative region. Article IV establishes regulations that should be consistent with the following principles and requirements: (i) Maintain national rule of law in conformity with the Constitution, laws, regulations and national policies; (ii) In conformity with the statutory competence and procedures; (iii) Promote socialist democracy and guarantee the participation of citizens in the development of regulations through multiple means; (iv) Guarantee the legitimate rights and interests of citizens, legal persons and other organizations and, while providing for their obligations to be performed, should provide for ways in which their rights are realized; (v) In order to achieve the unity of powers and responsibilities of the executive organs, the conditions, procedures and responsibilities to which they exercise their functions should be set in conjunction with their mandates; (vi) To maintain simplification, harmonization, effectiveness, scientific normative administrative behaviour, reasonable determination of sectoral functions, simplification of administrative procedures, and to promote changes in government functions to economic regulation, social management, market regulation and public services. Article 5 They should be regulated, accurate, concise, specific and operational. The regulations may be made in chapter, article. In addition to the complex regulations of the situation, the chapter is not commonly used. Subsections, subparagraphs, subsections. The number of Chinese figures in the order of the article is shown in the table below, with the exception of the paragraphs, subparagraphs and purpose orders, respectively, plus the Arabic figures. Article 6 Coordination and coherence should be maintained between the regulations. Chapter II Article 8 Article 9 The application should provide clarifications on the need for regulations, the legislative basis, the main elements of norms and the main systems to be established. Article 10 Government rule of law institutions should conduct a summary and study of the application for the development of regulations, prepare annual regulations and develop plans for implementation by the provincial people's government. The planned projects should be in line with the following requirements: (i) The need for adaptation, development and stability is legislatively necessary; (ii) The experience of relevant reform practices has been fundamentally mature and the systems and measures to be established are feasible. The annual regulations development plan should clarify the name of the regulations, the drafting unit and the time to be considered by the provincial government. The annual regulation development plan can be adapted in accordance with the actual circumstances, supplemented by the Government's rule of law institutions and organized following the approval of the Government of the people of the province. Drafting Article 12 was drafted by the Government of the province. The Government of the province may determine whether a or several departments are responsible for drafting draft regulations. The complexity of important projects or legal relations may be determined by drafting or organizing by governmental rule of law bodies, or by inviting relevant organizations, experts to participate in the drafting or commissioning the drafting of the relevant organizations, experts. Article 13 entrusts the relevant organizations, experts with drafting draft regulations by the Government's rule of law bodies to determine the trustee; it may also openly commission projects within a certain range of limits, identify drafting programmes and identify the trustee. The trustee shall consist of more than three drafting groups and identify the lead of drafting groups. Upon the determination of the trustee, the Government's rule of law institutions enter into a corresponding agreement with the trustee to clarify the rights and obligations of both parties. The costs entrusted for drafting are allocated by the same level of financial resources. Article 14. The drafting of the draft regulations by the Government should establish drafting groups and make it clear that a head of drafting. The drafting sector should complete the drafting and presentation of the review three months before the time for consideration under the regulations; it should not be planned to complete the drafting mandate and should provide a written statement to the Government of the province or the Government's rule of law institutions. Article 15 Drafting regulations should conduct an in-depth study of the views of citizens, legal persons or other organizations. The consultation may take the form of written consultation, colloquiums and hearings. Draft regulations should be adopted by the meetings of heads of the drafting sector and, after the signing of the main heads of the drafting sector, the views of other relevant departments of the Government of the province should be sought in writing. The change of views should be accompanied by either reason or reason, and the return to the drafting sector within 15 days of the date of receipt of the regulatory request for comments by the principal head of the sector, after the signing of the chapter of the Gayi sector or the accompanying chapter, which was signed by the principal head of the sector, should be considered to be agreed. The drafting sector should carefully study the changes made by the relevant sectors. A reasonable opinion should be adopted; the disputed opinion should be fully consulted. After adequate consultation, the drafting cell should provide information and justification in the presentation of the draft regulations (hereinafter referred to as the draft regulations). When the drafting sector completes the drafting process, it is important to transmit the report, the text of the regulations and their statements and other relevant materials to the Government's rule of law bodies for review. The issuance of the report includes, inter alia, the name of the rules of procedure, the consultation on matters of sectoral controversy and the recommendations of the communication. Reports should be signed by the main heads of the drafting sector; they should be co-drafted by the main heads of the department concerned. A description of the draft regulations should include the need for regulations, the drafting process, the drafting of a drafting basis and the main elements to be regulated. The materials included the solicitation of the original, research reports, relevant legal, regulatory and policy documents, and field-related legislative information. Article 18 Governments' rule of law institutions should strengthen their guidance on the drafting of the draft regulations and may participate in the drafting of the draft regulations in advance. Review of chapter IV Article 19 The Government's rule of law institutions should be reviewed in the following areas: (i) In conformity with the provisions of the National People's Republic of China Legislative Act, the Regulations of the State Department and the requirements of article IV of this provision; (ii) Have coordination and interface with relevant regulations; (iii) Whether the views of the relevant organs, organizations and citizens on the main issues of the issuance of the regulations have been properly addressed; (iv) Whether the measures established are in line with local realities and are feasible; (v) In conformity with legislative exceptions; (vi) Other elements to be reviewed. The Government's rule of law body should normally complete its review mandate within two months, after having received a draft of regulations. The initial review found that the draft regulations were not in accordance with article 10, paragraph 2, of the present article and that the basic conditions for the formulation of regulations were not ripe for the decision to defer and inform the drafting units and to review the conditions after the basic maturity. After a preliminary review, it was found that the main elements of the rules of delivery were more controversial and that the drafting cell did not consult with the relevant departments or the texts were sent incompatible with article 17 of the present article, and that the Government's rule of law bodies could return the texts to the drafting sector to be submitted for review by the drafting sector in full consultation with the relevant departments or by supplementing the information. Article 21 of the Government's rule of law bodies believe that, if necessary, the views of the relevant departments, organizations, experts and the lower-level people can be consulted in the form of a colloquium, a documentary and written. The second article of the rules of procedure relates directly to the interests of citizens, legal persons and other organizations, and the Government's rule of law institutions can make public submissions to society through hearings or through the approval of the Government of the Provincial People. The hearings should be held in accordance with the procedure set out in article 15 of the Regulations of the State Department. The Government's rule of law bodies may invite the representatives concerned to participate in the hearings. The Government's rule of law bodies should provide clarifications on the treatment of views and their reasons when the draft regulations are considered by the Government of the province. Article 23 of the Government's rule of law institutions should conduct in-depth field studies on the main issues covered by the draft regulations and seek the views of the Government, organizations and citizens at the grass-roots level. Article 24 of the Government concerned departments or agencies have different views on the main measures covered by the draft regulations, the management system, the division of competence, which should be coordinated and agreed upon by the Government's rule of law bodies; it should not be agreed that the main issues of controversy, the views of the relevant sectors and the views of the rule of law institutions should be reported to the Government of the province in coordination, decision. Article 25 Governments' rule of law institutions should carefully study the views of all parties and, in consultation with the drafting units, revise the draft regulations, form the draft regulations and review the draft regulations. The review of the draft regulations was signed by the main heads of the Government's rule of law bodies, including, inter alia, the need for regulations, the drafting and review process, the proposed institutional measures and the coordination of the views of the relevant departments, and recommendations for consideration by the Government of the province. Decisions and publication The draft regulations should be decided by the Permanent Council of the Provincial Government or by the plenary. In considering the draft regulations, a statement was made by a governmental rule of law body or a drafting unit. Article 27 of the Government's rule of law bodies should modify the draft regulations in accordance with the deliberations, form a draft revised version, request the governor to sign and make it available in the form of the Provincial Government Order. The order of publication of the regulations shall contain the design organs, orders, regulations, dates adopted, date of application, provincial governors and date of publication. The regulations should be implemented after 30 days of the date of publication; however, the publication would not be immediately followed with serious consequences and could be carried out from the date of publication. Article 29 was published in a timely manner after the publication of the Public Day and the San Suu Kyi. The text of the regulations published in the San Suu Kyi is the standard text. Chapter VI Interpretation and documentation The right to interpretation is governed by the regulations. The regulations are one of the following cases and are interpreted by the designating body: (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 regulations explain the opinions of the review process sent by the Government's rule of law bodies in the light of the regulations, which are invited to be published after the approval of the Government. The interpretation of the regulations is equally valid. Article 31 of the Ministry of the People's Government of the province, or at the next level, may make requests for regulatory interpretation to the Government of the province. Article 32 concerns specific application and understanding of regulations that fall within the administrative process, the relevant departments of the Government of the province or the next level of the people's Government have made requests for interpretation to the provincial Government's rule of law bodies, and the Government's rule of law institutions can study responses, which address important issues, and should inform the Government's consent. Article XXIII, social groups, business organizations, citizens believe that regulations are incompatible with the law, legislation and regulations, may submit to the Government of the province a written review of the proposals for amendments, which are addressed by the Government's rule of law body studies and the decisions of the provincial people. Article 34 should be submitted to the relevant organs within 30 days of the date of publication, in accordance with the provisions of the Legislative Act of the People's Republic of China and the Regulations of the Department of State. Chapter VII The procedure for modifying and repealing regulations is governed by this provision. The changes in regulations should be published within 30 days of the date of the revision of the decision. Article 36 elaborates a draft local legislation to be submitted by the Government of the Provincial People to the Assembly of the Provincial People's Representatives or the Standing Committee for consideration, as well as a draft decision, order adopted by the Government of the urban, district and territorial governments, which is generally binding. Article 37 The Procedural Regulations of the People's Government of San Oriental Province, issued on 31 December 1998 by the Government of the People's Government of the province, and the notification of the interpretation of authority and procedures of the provincial Government issued on 30 April 1993. |
