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People's Government Of Liaoning Province To Formulate Local Laws And The Rules And Procedures Of The Draft Provisions

Original Language Title: 辽宁省人民政府制定地方性法规草案和规章程序规定

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(Health No. 150 of 28 October 2002)

Chapter I General
Article 1, in order to regulate the draft local legislation and regulations (hereinafter referred to as a guide), to improve the quality of regulations and regulations, to establish this provision in accordance with the National People's Legislative Act, the Regulations of the State Department of State and the provisions of the local legislation and regulations.
The draft legislation referred to in article II refers to the draft normative paper prepared by the Government of the province within the statutory competence to bring to the attention of the Assembly and its Standing Committee. The draft legislation uses the draft regulations, draft provisions, draft approaches and draft regulations.
The regulations referred to in this provision refer to normative documents developed by the provincial Government within the statutory authority and issued in the form of the provincial government order. The name of the regulations, methods, means of implementation and enforcement rules is used.
The procedure for developing draft legislation includes the existence of draft legislation, drafting, reviewing, deciding, drawing on consideration and application of interpretation. The procedures established include regulations, drafting, review, decision, publication and interpretation.
Draft legislation and regulations were developed to be implemented in accordance with this provision.
Violations of the regulations established under this provision are null and void.
Draft legislation and regulations should be developed in accordance with the legislative principles established in the Legislative Act of the People's Republic of China, in conformity with the provisions of the Constitution, legislation, regulations and other superior laws.
Article 5 is specifically responsible for the development of draft legislation and regulations in the Office of the Provincial Government. Its responsibilities are:
(i) The draft legislation and the regulations are subject to review;
(ii) Develop legislative plans and organize implementation;
(iii) Organization of draft legislation and regulations that involve major reform measures or involve multiple management;
(iv) Review of draft legislation and regulations;
(v) Coordination of draft legislation and regulations;
(vi) Approval of the external translation;
(vii) Specificly responsible for the application of interpretations and interpretations of regulations;
(viii) Other matters relating to the development of draft legislation and regulations.
Chapter II
The Provincial Government Rule of Law Office is responsible for the preparation of the annual legislative plan of the provincial government. The relevant departments of the provincial government should announce legislative plans in a timely manner, as requested by the Provincial Government Office of the Rule of Law.
Article 7 sends the legislative plan project and should provide clarifications on the need, feasibility, legislative basis, key issues to be addressed and the main system to be determined, legislative basis.
Article 8
The draft statutes adopted by the provincial government Standing Conference were considered and are presented by the provincial Government's Executive Office to the General Assembly Standing Committee.
The legislative year ended from March to February.
Article 9 provides that the departments responsible for draft legislation, regulations and drafting mandates must be organized in accordance with the annual legislative plan. As a result of special circumstances, the drafting mandate cannot be completed and written reports must be submitted to the provincial Government and be sent to the provincial Government Office of the Rule of Law. Additional legislative projects must be validated and approved by the provincial government.
Drafting
Draft legislation and regulations are drafted by provincial government organizations. Provincial governments may determine whether a department or several departments are specifically responsible for drafting or drafting by the Provincial Government Office of the Rule of Law.
Drafting legislation, regulations may invite relevant experts and organizations to participate, or to entrust the relevant experts and organizations with drafting.
Drafting legislation, regulations should be undertaken in depth, taking stock of practical experience, and widely listening to relevant organs, organizations and citizens, drawing on national and international legislative results. The hearings may take the form of written consultation, colloquiums, memorials and hearings.
Draft legislation, regulations and regulations should provide for the purpose, scope of application, authority, specific norms, legal responsibility, date of application.
The draft regulations, the content of the regulations, may be divided into subsections, subparagraphs, nothies, subparagraphs and indicators. A simple draft legislation, regulations, etc.
Draft legislation, regulations should be structured so that they are clear, focused, precise, concise and linguistic norms.
Draft legislation, regulations relate to other sectoral responsibilities or are closely connected with other sectors, and the drafting sector should fully seek the views of other sectors. The drafting sector has different views with other departments and should be fully consulted.
Draft regulations, rules of delivery must be adopted by the drafting sector leading collective discussions, which may be reported by the principal holder upon signature. Several units are co-drafted and should be signed by the main holder of the drafting units.
Article 15. The Office of the Provincial Government Rule of Law provides guidance on the drafting of draft legislation, regulations and regulations and participates in research and research.
Review of chapter IV
The draft legislation, the texts of the regulations are to be sent under the responsibility of the Provincial Government Office of the Rule of Law.
Article 17 The drafting cell shall transmit draft legislation, regulations to the official documents, together with the following materials, to the Government's Office of the Rule of Law:
(i) 10 copies of draft legislation, regulations and regulations;
(ii) Drafting notes, regulations;
(iii) Accreditation material from the relevant sectors;
(iv) Drafting of draft legislation, laws, regulations and other relevant references.
The drafting note should provide clarifications on the need for draft regulations, the need for regulations, the main measures required, the views of the parties and the coordination situation.
Article 18
(i) The content is in accordance with constitutional, legal, legislative and regulatory provisions and is incompatible with other local legislation, regulations;
(ii) Does not contradict the rules of the World Trade Organization;
(iii) In conformity with legislative technical requirements;
(iv) Have the environment and conditions in place;
(v) Whether the views of the relevant organs, organizations and citizens on the main issues of the draft legislation, regulations and issuances are properly addressed;
(vi) Other elements to be reviewed.
Draft legislation, regulations and issuances are one of the following cases, and the Provincial Government Rule of Law Office may be suspended or returned to the drafting sector:
(i) Not included in the annual legislative plan of the provincial government;
(ii) The basic conditions for the formulation of draft regulations and regulations are not ripe;
(iii) There is a greater controversy between the relevant departments or bodies with regard to the main systems set forth in the draft regulations, regulations, and the drafting sector has not been consulted with the relevant departments or bodies;
(iv) The draft legislation, the texts of the rules of delivery were not led by the drafting sector, and the principals did not sign their views.
Article 20 of the provincial Government's Office of the Rule of Law should conduct in-depth field studies on the main issues covered by the draft regulations, the texts of regulations, and the views of relevant organs, organizations and citizens.
Article 21 Changes in draft legislation, regulations and issuances by the provincial Government's Rule of Law Office have resulted in the solicitation of inputs and the issuance of comments by the relevant organs, organizations and citizens. The draft legislation, the draft regulations for consultation related to important issues, and the Office of the Rule of Law of the Provincial Government should convene a colloquium, an adjudication meeting with the participation of the relevant organs, organizations and experts, to hear views and study the arguments.
The second article, the draft legislation, the draft regulations for consultation are directly related to the interests of citizens, legal persons or other organizations, and the provincial Government's Office of the Rule of Law may make opinions available to society or hold hearings.
Article 23 concerns the different views of the departments or bodies on the main measures covered by the draft regulations, the management system, the division of competence and the coordination of the Office of the Provincial Government Rule of Law in accordance with the legitimate and appropriate principles; coordination should inform the provincial government decisions on key issues, the views of the relevant departments or institutions and the treatment of the provincial Government's Office.
Article 24, on the basis of a careful study of the views of all parties, has resulted in the formation of draft regulations, regulations and notes on the draft, which have been submitted to the provincial governors for the approval of the agreement, drawing the consideration of the provincial government meetings or plenary meetings.
The draft regulations, regulations and draft notes are signed by the main heads of the Office of the Provincial Government Rule of Law.
The draft note was drafted by the Office of the Provincial Government Rule of Law. The note includes, inter alia, the following:
(i) The basis and the need for legislation;
(ii) A brief process for drafting and reviewing;
(iii) Key issues to be addressed and important measures identified;
(iv) Coordination of major controversial issues;
(v) Other needs clarification.
Decisions and publication of chapter V
Draft legislation and regulations are decided by the Provincial Government's Standing Conference or by the plenary.
Article 26 considers the draft regulations, regulations and regulations by the Office of the Provincial Government of the Rule of Law. The heads of departments concerned with the content of the draft regulations and regulations attend the meeting. There should be no re-expression of the views of the concerned authorities on which they have been harmonized.
Article 27 of the provincial Government's Rule of Law Office, in accordance with the general ministerial conference of provincial governments or in plenary meetings, revises the draft regulations, forms a revised draft, is validated by the governor or the Vice-Minister of Management.
Article 28 of the general ministerial conference of the provincial government or the plenary consider the draft regulations adopted in order to report on the deliberations of the General Assembly of the People's Representatives of the Provincial Government in the form of a bill by the Provincial Government or the House of Representatives; the regulations were signed by the Governor of the province to be published in the form of the Provincial Government Order.
The draft legislation, which was brought to the consideration of the General Assembly by the House of Representatives or by the Provincial People's Representatives Assembly, is provided by the Government of the province's main head of the Office of Rule of Law, or by the relevant heads designated by the Provincial Government.
The order of publication of the regulations shall contain the design organs, orders, titles of 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, with the exception of national security and the publication of regulations in advance.
Article 33 shall be published within 30 days of the signing of the publication, in the Official Gazette of the Provincial Government and in the Excellence Day. The text of the regulations published by the Broaden Day is provided by the Office of the Provincial Government Rule of Law.
The text of the regulations published in provincial government bulletins is the standard text.
The regulations are not promulgated.
Article 31 concerning or affecting trade in goods, services and trade-related intellectual property should be translated into a World Trade Organization language translation by the drafting sector within 90 days prior to implementation or no later than the date of implementation.
The external translations of the regulations are validated by the Provincial Government Office of the Rule of Law.
Chapter VI Interpretation and documentation
The right to interpretation and interpretation of local legislation is governed by the provincial government.
The interpretation and interpretation of the application of local legislation is provided by the Office of the Provincial Government Rule of Law, which is published after the approval of the provincial Government.
Article 33 shall be communicated by the Office of the Provincial Government, within 30 days of the date of publication, in accordance with the relevant provisions.
Chapter VII
The Office of the Provincial Government Rule of Law shall, in the light of this provision, review other normative documents to be issued by the provincial government or the provincial government office.
The procedure for revising, repealing regulations and regulations is governed by this provision.
Article 33 XV provides for implementation effective 1 December 2002. The draft legislation and regulations on locality were adopted on 10 December 1995 by the Government of the Plurinational State of the Province.