Shandong Provincial Regulatory Procedures

Original Language Title: 山东省人民政府规章制定程序规定

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(The 29th Executive meeting of January 7, 2003, Shandong province by Shandong provincial people's Government on February 11, 2003, the 154th published) Chapter I General provisions article standardize rulemaking procedures, guarantee the quality of regulation, in accordance with the People's Republic of China Law of legislation and the regulatory procedure Ordinance under the State Council, combined with the facts of the province, these provisions are formulated.
    II provincial regulations (hereinafter the regulations) of the project, drafting, review, decide, announce and explain, these provisions shall apply.
    The third rule may provide for the following matters: (a) for the implementation of the provisions of laws and regulations require regulatory matters, (ii) specific administrative matters belongs to the administrative region of this province.
    Fourth article developed regulations, should meet following principles and requirements: (a) meet Constitution, and legal, and regulations and national policy, maintenance national legal unified; (ii) meet statutory of permission and program; (three) develop Socialist Democratic, guarantees citizens through variety way participation regulations developed activities; (four) guarantees citizens, and corporate and other organization of lawful rights and interests of, in provides its should perform of obligations of while, should provides its corresponding of right and guarantees right achieved of way;
    (Five) achieved administrative organ terms and responsibility of unified, in provides its terms of while, should provides its exercise terms of conditions, and program and should bear of responsibility; (six) insisted streamlined, and unified, and effectiveness phase combined, science specification administrative behavior, reasonable determine sector functions, simplified administration program, promote government functions to economic regulation, and social management, and market regulatory and public service change.
    Fifth rule generally use the name of "rules", "measures" shall not be called "regulation".
    Presentation should be standardized, accurate, concise, specific regulations, with maneuverability. Chapter followed by regulations, articles. In addition to complex regulations, generally does not use chapters. Under section can be divided into paragraphs, items, accounts.
    The ordinal numbers sequentially in Chinese, not number, serial number and purpose of subparagraph add parenthesis with Arabic numerals in Chinese numbers sequentially.
    Sixth provincial government's Office of Legislative Affairs (hereinafter referred to as the Government legal organization) is responsible for regulatory planning study, review of draft regulations and general coordination.
    Seventh rule should be maintained between coordination and cohesion.
    Chapter II creation of the eighth provincial people's Government in the last quarter of each year the preparation of the next annual regulatory plans.
    The Nineth province people's Government departments or lower level people's Governments need to establish regulations, should be the end of October 1 on according to the procedure to the provincial government approval of the project.
    Project applications should be on the need for regulatory, legislative basis, specification of main contents and intended to establish a description of the main system.
    Tenth government legal organization applications for regulatory approval should be summarized and research to develop annual regulatory plan, submitted to the provincial people's Government for approval organization.
    Planned projects should meet the following requirements: (a) meet the needs of reform, development and stability, is legislation necessary, (ii) the reform experience has matured, system and measures to be established is feasible.
    Annual regulatory plan should clearly rule name, drafting and consideration of the report to the provincial government.
    11th annual regulatory plan can be adjusted according to the actual situation to be increased for additional demonstration project by the Government legal organization, implementation, organized by program reported to provincial people's Government for approval.
    Chapter drafting 12th regulations drafted by the provincial government organizations. Provincial governments can determine one or several departments responsible for drawing up draft regulations.
    On important projects or complex legal relationship, can be determined by government legal drafting bodies or organizations, may also invite the relevant organizations and experts participated in the drafting or commissioned organizations, experts in drafting. Article 13th consignment of relevant organizations and experts prepared draft regulations, determined by the Government legal organization the trustees can also public commissions in a certain range, call for drafting programmes, and optimize the trustee.
    Trustees shall be composed of 3 or more and determined the drafting group the drafting group in charge.
    After the trustee determines, by the Government legal organization signed a corresponding agreement with the trustee, specify the rights and obligations of both parties.
    Entrusted with drawing up requirements by financial appropriation.
    14th Government departments to draft of the draft regulations, it shall establish a drafting group, and clear the head of head of the drafting work.
    Drafting sector planning in the regulations under consideration should be submitted before 3 months to complete the drafting and review of drafting tasks cannot be completed as planned, should indicate to the provincial people's Government or the Government legal organization in writing. 15th draft rule should conduct in-depth studies and solicit the views of citizens, legal persons or other organizations.
    Comments may be in written comments, the convening of seminars, hearings and other forms.
    16th article should be adopted by the drafting Department Heads meeting to discuss the draft regulations, and signed by the head of drafting Department is mainly written after seeking the views of other relevant departments of the provincial people's Government.
    Relevant departments proposed amendments should be accompanied with evidence or reason, signed by the Chief of the Department, or stamped with the official seal of the Department, from the date of receiving the regulation draft 15th returned to drafting departments within limit; not required responses, agrees. Drafting Department should seriously look into the proposed changes. Reasonable views should be taken on controversial opinions should be fully consulted.
    After full consultations fail to reach an agreement, drafting units should be reported to the draft regulations (hereinafter referred to as draft regulations), explain the situation and reason.
    17th drafting departments complete the drafting work, should submit reports, draft regulations and instructions and other related material diameter sent the Government legal organization reviews. Regulations approval includes approval of the report of the name, concerned issues of consultation and approval recommendation.
    Approval report shall be signed by the head of drafting Department is mainly; jointly drafted by the departments concerned, and shall be signed by the relevant departments in charge of.
    Description of the draft regulations should include a regulatory necessity, the drafting process, the drafting of the basis and main contents of the proposed specification.
    Related materials include original advice, research reports, pursuant to relevant laws, regulations and policy documents, and field-related legislation, and more.
    18th government legal agencies to guide the work on the draft regulations should be strengthened, and can be involved in the drafting of the draft regulations in advance.
    The fourth chapter examines 19th draft regulations by the Government bodies responsible for the review of the legal system.
    Government legal institutions should from following aspects for review: (a) whether meet People's Republic of China legislation method, and State regulations developed program Ordinance about provides and this provides fourth article of requirements; (ii) whether and about regulations coordination, and convergence; (three) whether has properly processing about organ, and organization and citizens on regulations trial draft problems of views; (four) established of system measures whether and local actual phase meet, has feasibility; (five) whether meet legislation style requirements;
    (F) the need to review more.
    20th government legal agencies after receiving the draft regulations, shall complete the review task within 2 months.
    After the preliminary review found that the draft regulations do not comply with the provisions of the tenth article requirements, regulatory basic conditions are not mature, decided to stride and informed the drafting unit, when conditions are ripe, and then reviewed.
    Following a preliminary examination, finds the relevant departments on the main content of the regulation draft specification controversy, the drafting unit and other departments concerned are not consultations or draft regulations do not comply with the provisions of article 17th, government legal agencies may return the regulation draft drafting departments, drafting Department and related departments full consultation or supplementary complete information before submitted for review.
    21st Government rule of law institutions when deemed necessary, held seminars, feasibility study meeting and written can be taken, in consultation with interested departments, organizations, experts and the views of the lower level people's Governments.
    22nd draft regulations directly related to citizens, legal persons and other organizations of interest, the Government legal organization can hold a hearing or by the provincial people's Government to the public for comment. Hearings, procedures should be formulated in accordance with the regulations of the State Council Ordinance procedures laid down in the 15th.
    Government legal agencies may invite representatives of interested parties to participate in the hearing.
    Draft regulations for comments or to the community hearings, government legal agencies should be considered in the provincial draft regulations and an explanation on the treatment of the situation and the reasons for it.
    23rd government legal agencies should draft regulations involving major grassroots field research, seeking the views of interested Governments, grass-roots organizations and citizens.
    24th the Government departments or agencies concerned to draft regulations related to the measures have different views, the Division of management, permissions, and government legal agencies should coordinate agree; fail to reach a consensus, should be, relevant departments of the major issues of dispute and legal bodies reported to the provincial government coordination, decision.
    25th legal institutions should seriously study the views of the Government, after consultation with the drafting unit, modifications to the draft regulations, draft regulations on formation and review of the draft regulations.
    Review of the draft regulations by the Government legal organization mainly responsible for the signing, including the need for regulations, drafting and review processes, institutional measures to be established and the coordination of relevant departments, and put forward recommendations for consideration of the relevant meetings of the provincial people's Government.
    The fifth chapter decisions 26th draft regulations should be released by the provincial executive meeting or plenary meeting.
    Consideration of the draft regulations, drafted by the Government legal agencies or units for instructions.
    The 27th legal institutions should be based on the consideration of the Government, changes to the draft regulations, form the amended draft, submitted to the Governor signed and promulgated as a provincial government.
    28th publishing rules of order shall set out the rules of the enacting body, serial number, rule name, date of adoption, date of execution, the Governor signed, and the release date.
    Rule shall be implemented since the 30th, after the date of its publication; but released immediately after the execution would cause serious consequences, can come into force on the date of promulgation.
    29th regulations upon signing and promulgation, the mass daily and the Shandong government newspaper published in a timely manner.
    Published in the the journal of Shandong administration of regulatory texts for standard texts.
    Sixth chapter explains and record 30th rule right of interpretation belongs to the regulatory authorities.
    Regulations of one of the following conditions, interpreted by the enacting body: (a) the regulations needs to further clarify the specific meaning of a, (ii) Regulations new situation arises after enactment, need to be clearly applicable regulations based on the.
    Rules interpretation by the Government legal organization in the light of the draft regulations review process comments and submitted to the approval of the provincial people's Government announced.
    Interpretation of the regulations with the regulations shall have the same effect.
    31st provincial departments or lower level people's Governments may appeal to the provincial regulations to explain the request.
    Articles 32nd to administrative work in the application and understanding of regulation issues, provincial authorities or legal explanation for lower level people's Government to the provincial government requirements, the reply of the Government legal organization can study involving major issues should be reported after the provincial Government agreed to reply.
    The 33rd State organs, social organizations, enterprises and institutions, citizens think that the regulations contravene the laws and regulations can be written review of proposed changes to the provincial people's Government, by the Government legal organization study put forward opinions, submitted to the provincial people's Government for decision.
    The 34th rule shall be published in the 30th, legal institutions by the Government in accordance with the People's Republic of China legislative law and the Archivist filing of regulations and provisions of the regulations of the State Council to the relevant authorities for the record.
    The seventh chapter supplementary articles article 35th amendment, abolition of the rules of procedures, reference to these regulations.
    Regulations amended, shall modify the decisions published in the 30th new regulatory texts.
    Article 36th provincial people's Government drew attention to the provincial people's Congress or local regulations for consideration by the Standing Committee on the draft, as well as city and County (city, district) people's Government develop, decisions and orders with General binding force is published, reference to these regulations. 37th article of the regulations come into force on April 1, 2003.
                                  On December 31, 1998, issued by the people's Government of the people's Government of Shandong province, regulatory procedures and on April 30, 1993, issued by the General Office of the people's Government of the province on provincial regulations interpretation competence and the procedure for issue of abrogated.