Nanning Rulemaking Procedures Approach

Original Language Title: 南宁市规章制定程序办法

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(April 24, 2003, Nanning city, Government Executive Conference considered through April 30, 2003, Nanning city, Government makes 16th, announced) first chapter General first article for specification city government regulations developed program, improve legislation efficiency, guarantee city government regulations quality, according to People's Republic of China legislation method (following referred to legislation method), and regulations developed program Ordinance (following referred to Ordinance), combined this city reality, developed this approach.
    Project of the second municipal regulations, drafting, review, decisions, publication, record, interpret these measures shall apply.
    Article regulations shall follow the legislative law and the legislative principles of the regulation, in line with the Constitution, laws, administrative regulations, autonomous regions, local regulations, and the regulations.
    Article fourth regulations must conform to this municipality, with maneuverability.
    Fifth municipal people's Government to work on the regulations under unified leadership.
    Nanning city Legislative Affairs Office (hereinafter the municipal law departments) responsible for project coordination, feasibility studies, review of regulations, revision. Chapter II project sixth regulations should be approved. The County (district) people's Government, the municipal people's Government departments need to develop regulations, an application shall be submitted to the municipal people's Government regulatory approval.
    Diameter project applications and related materials, Department of Legal Affairs, send.
    Project applications should include the following elements: (a) name of the regulations, (ii) to develop the need for regulations; (c) the relevant legal basis; (d) the main problems to be resolved; (e) the main measures to be taken; (vi) head of drafting regulations and contact information; (VII) other clarifying matters.
    City Department of Legal Affairs considers it necessary, may require the approval applicant attached draft regulations. Seven citizens and grassroots organizations, social organizations, enterprises and institutions that need to develop regulations, may appeal to the municipal Legislative Affairs Department of project proposals.
    Municipal Department of Legal Affairs shall study the opposition proposal, reply to recommendation.
    Eighth application rule project, the applicant shall set forth the legislative study on the necessity and feasibility of the project. Nineth of Municipal Department of Legal Affairs shall, in accordance with municipal party Committee and the Municipal Government of major policy decisions and plans, combined with the necessity, feasibility and project maturity to review project applications, and develop regulations for next year before the end of the year legislation plan, submitted to the municipal people's Government for approval before implementation.
    Annual regulations legislative plans to develop work plans and legislative research plan. Tenth rule this plan can be adjusted according to the actual situation.
    Unit plans to increase foreign project, in accordance with the provisions of this regulation, legal agencies, by a project review, submitted to the municipal people's Government can be added for the year after regulations legislative plans.
    11th project to apply for any of the following circumstances, not to project approval or suspension, and notify the application sector.
    (A) legislative ideas incompatible with the law of legislation and legislative principles set out in the regulations, (ii) failure to conduct legislative research; (c) the legislative conditions are not ripe, necessity is not sufficient, not objective (iv) were included in the plans of State or national legislation. Chapter III regulations drafted 12th by the approval of the project unit or Department drafted with appropriate functions.
    Municipal Department of Legal Affairs shall draft regulations to carry out the necessary legislative guidance and coordination.
    Regulation involves a number of departments, municipal people's Government can determine a Department-led initiative, the departments concerned jointly drafted or drafted by the Municipal Department of Legal Affairs.
    Important or complex regulations, municipal government, Department of Legal Affairs, can be identified by the drafting.
    Drafting regulations may invite the participation of relevant experts or organizations, may also appoint experts or organize the drafting.
    13th draft legislative plans completed the drafting work should be in accordance with the regulations; fails to complete the drafting of, and shall report to the city's Legal Department in writing, explaining why.
    Drafting drafting units are not completed on schedule, and not to the city's Legal Department in writing, legal departments can be brought to the municipal people's Government ordered to submit. 14th draft rule should be grass roots research, through written comments and held seminars, feasibility study meeting, hearing and other forms, listen to the views of relevant bodies, organizations and citizens.
    Municipal Legislative Affairs Department can be sent to attend seminars, feasibility study meeting, hearing.
    Drafting a written consultation period normally not less than 10th. Drafting units should organize seminars, listened to County (district) departments, NPC deputies and CPPCC members, grassroots organizations and the views of the administration.
    Involving significant legal issues or special professional problems, shall convene a feasibility study meeting, listening to the views of relevant experts or other professionals. Regulatory content is directly related to the vital interests of citizens, legal persons and other organizations, shall hold a hearing.
    On the high degree of public concern, drafting units to the public for comments on the draft.
    15th 15th held the hearing process in accordance with the regulations, the people's Government of the Guangxi Zhuang Autonomous Region, the legislative provisions implementation of the measures for the implementation of the hearing.
    Regulation of 16th drafting involves other departments of the municipal government, drafting units should seriously listen to the views of other departments, active coordination agreement cannot be reached through consultation, comments should be reported together with the draft regulations, and explained in the drafting instructions.
    17th draft regulations should be examined by the drafting bodies responsible for legal, decided collectively by the drafting unit, after signature, submitted to the city Legal Department review.
    18th article submitted regulations trial draft Shi, drafting units should submitted following file and material: (a) submitted review of report a type 5 copies; (ii) Regulations trial draft body a type 50 copies and electronic text; (three) Regulations trial draft description a type 50 copies and electronic text; (four) about organ, and organization and personal on regulations trial draft of written views; held feasibility study meeting, and hearing of, should with feasibility study meeting, and hearing records a type 5 copies; (five) about legal according to a type 5 copies;
    (F) other related material (including research reports, and legislative information, etc) a set of 5 copies.
    19th article regulations trial draft description should including following content: (a) intends specification matters of status and exists of problem; (ii) drafting regulations of basic after; (three) intends set of main system, and measures and legal according to; (four) feasibility and the expected effect; (five) on different views of processing situation and the reason; (six) need description of other problem.
    20th draft regulations do not comply with the article 18th, 19th article, Department of Legal Affairs may request the drafting of supplementary material in the 15th.
    Fourth chapter review of the 21st rule draft reviewed by the legal department. 22nd regulatory review should be introduced for legislative information system.
    Legislative consultant comments and recommendations are in accordance with the provisions of the legislative activity of the Government.
    Legislative consultant appointed by the Municipal Department of Legal Affairs is responsible for.
    Article 23rd, Department of Legal Affairs shall make a written request for the County (district) people's Government and municipal departments ' views on draft regulations or draft regulations as needed about organizational and legislative consultant for advice, and reach out for the actual survey, widely listen to the views of relevant organs, grass-roots organizations and citizens.
    24th regulation draft important or complex content, Department of Legal Affairs shall convene by the organizations, participation of experts in seminars, feasibility study meeting, listening, research and demonstration.
    Regulations draft content directly related to the vital interests of citizens, legal persons or other organizations, there are significant differences of opinion, Department of Legal Affairs reported to the municipal people's Government for approval by the media for comments to the public, or hold a hearing.
    25th of municipal law departments in the review process should be objective and impartial, and facts about a variety of different views.
    Relevant authorities or departments draft regulations related to the measures have different views, the Division of management, permissions, Municipal Department of Legal Affairs shall coordinate to reach consensus; fail to reach an agreement, dispute City Department of Legal Affairs shall be the essence of points and tendentious comments submitted to the municipal people's Government for decision.
    26th article regulations trial draft has following case one of of, city legal sector can requirements drafting units again drafting: (a) set of main system from I city actual or lack can operation sex, need again investigation of; (ii) in legislation technology Shang exists larger defects, need for full adjustment and modified of; (three) about sector on provides of main system exists larger dispute, drafting units not and about sector consultations of. 27th of Municipal Department of Legal Affairs shall, within 2 months from the date of receipt of the draft regulations to complete the review of the draft regulations.
    Complex could not be completed on schedule, approved by the municipal people's Government, can be extended by 1 month. The views of 28th of municipal law departments, make modifications to the draft regulations and draft regulations on formation and description.
    Description should include the development of regulations to solve key issues, identify the major rules, measures and coordination with relevant departments.
    Draft regulations and after the note signed by the head of Department of Legal Affairs, drew attention to the municipal people's Government for consideration.
    The fifth chapter decisions, publish and record 29th rule shall be the municipal people's Government Executive meeting or plenary decision.
    Not included in the regulations the legislative scheme, and without the city Legal Department review of draft regulations, municipal people's Government will not be considered. Consideration of the draft regulations, by the city's Legal Department for instructions.
    Or drafting unit briefly. 30th of municipal law departments under the municipal executive meeting or of changes to the draft regulations to the deliberations of the plenary, formed the amended draft, submitted to the mayors signed municipal people's Government, to be published.

    31st regulation should come into force after the 30th from the date of promulgation, but in line with the regulations except as provided in section 32nd.
    Article 32nd regulations upon signing and promulgation, Nanning, Nanning political newspaper, the evening news and information network shall be promptly published the full text of the municipal government.
    The Nanning government newspaper published text of the regulations as a standard text.
    Municipal people's Government published a number of regulatory texts, available in the public domain claim.
    After the publication of the regulations, Municipal Department of Legal Affairs shall, together with the drafting unit, held a press conference, media advocacy work of the unit shall make rules.
    Article 33rd after the promulgation of regulations, Municipal Department of Legal Affairs shall, in accordance with the regulations, regulatory filing requirements within the 30th of regulatory texts and instructions to the Department of State, autonomous region people's Congress Standing Committee, autonomous region people's Government, the Standing Committee of the municipal people's Congress for the record.
    Sixth chapter interpretation, amendment and repeal of 34th rule has one of the following conditions, interpreted by the municipal people's Government: (a) the regulations needs to further clarify the specific meaning of; (b) the enactment of regulations there is a new situation, need to be clearly applicable regulations based on the.
    Regulations explain comments by the Municipal Department of Legal Affairs under the review procedure, approval of the municipal people's Government announced.
    Regulations explanation has the same effect.
    35th article has following case one of of, about administrative competent sector or city legal sector should timely proposed modified, and abolition regulations of recommends: (a) regulations according to of upper method has modified or abolition of; (ii) Regulations main content was about upper method or other regulations alternative of; (three) Regulations specification of social reality occurred major changes of; (four) other should modified, and abolition regulations of case.
    Modify, repeal regulations, reference to the relevant provisions of the regulation.
    Revised regulations shall be promptly announced new regulatory texts.
    The seventh chapter by-laws article 36th legislative requirements for the activities of the Government, Department of Legal Affairs, should be included in the administration of special funds, be guaranteed by financial, ensure that the rulemaking work smoothly.
    37th rule translations compiled by the Municipal Department of Legal Affairs, validation; compilation of regulations in the foreign language versions of work by city Legal Department.
    Article 38th municipal people's Government drew attention to the municipal people's Congress and its Standing Committee consideration of draft local regulations establish procedures, in accordance with the measures of the relevant provisions. 39th these measures shall come into force on June 1, 2003.
                                                                                        September 4, 2000, Nanning city, enact administrative rules promulgated by the Municipal Government of interim measures (NaN FA [2000]91) repealed simultaneously.