Fushun Municipal People's Government Rulemaking Procedures

Original Language Title: 抚顺市人民政府规章制定程序规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(October 14, 2002, Fushun city people's Government Executive session of the 67th through October 21, 2002, Fushun city people's Government, the 95th published) first in order to standardize the Fushun municipal people's Government (hereinafter referred to as the city) Regulations establish procedures to ensure the quality of regulations, according to the People's Republic of China Law of legislation and regulatory procedures and other relevant provisions of laws and regulations, combined with the city's actual, these provisions are formulated.
    Second project of the municipal regulations, drafting, review, decisions and promulgation, interpretation, and for the record, these provisions shall apply.
    Third municipal regulations provide for the following matters: (a) for the implementation of laws, administrative regulations, local regulations require regulatory matters, (ii) belongs to the administration of regulatory matters and (iii) in Fushun city people's Congress and its Standing Committee should regulatory matters by the municipal government.
    Article fourth municipal regulations shall follow the legislative principles of the legislative method, in line with the Constitution, laws, administrative regulations and local laws and regulations. Fifth article municipal government legal sector is this city regulations developed work of competent sector, its legislation work of main duties is: (a) prepared regulations plans draft; (ii) organization implementation regulations drafting work; (three) audit, and modified regulations draft; (four) Organization regulations draft of feasibility research argument; (five) coordination processing regulations drafting developed process in the of contradictions; (six) is responsible for regulations of record work; (seven) is responsible for regulations of printed and compilation published work; (eight) is responsible for place administrative legislation work of guide, and training work
    And (IX) municipal concrete contractors reported to the municipal people's Congress legislative projects and other work.
    Sixth rule names are generally called "rules", "way", or "rules", "implementation measures". Seventh rule in the form of provisions, each can be divided into paragraphs, items, accounts.
    Article should be called "articles I, II, III", and so on, does not figure as "(a), (b), (c)" and so on, should be labeled "1, 2, 3" and so on.
    Regulations should be structured, clear, and accurate, concise text.
    Eighth rule include: (a) the formulation, developing the basis, scope and competent authorities; (b) the rights, obligations and other specific norms and (iii) the legal responsibility, the timing and (iv) the contents of the other provisions.
    Should the Nineth Municipal Government Department work and responsibilities, in accordance with need, by the end of October each year the municipal government applications for regulatory approval next year.
    Project applications submitted to establish municipal government regulations, government regulations should be enacted to the necessity, to solve problems, proposed establishing a description of the main system.
    Tenth Legislative Affairs Department of the Municipal Government is responsible for the development project of the municipal regulations summarized research to develop annual regulatory plan of the city and reported to the municipality for approval.
    Municipal Government regulations for annual regulatory plan should clearly name, drafting unit, timelines, etc.
    11th annual regulatory plan adjusted according to the actual needs of the municipal government, the drafting Department and submit a written report, research by the Department of Legal Affairs, in charge of the Mayor's decision legal departments in accordance with actual needs, adjustment plan report to the Mayor.
    12th municipal governments can be determined by one or several departments in charge of the drafting of the regulations.
    Drafting departments should set up a drafting group to determine a leader responsible for drafting.
    May invite relevant experts and organizations to participate in drafting regulations, may also appoint experts, organize the drafting.
    13th Department drafting Government regulations should conduct in-depth studies and practical experience, listen to the views of relevant bodies, organizations and citizens.
    Hearings can take advice, forums, feasibility study meeting, hearing and other forms. 14th draft Government regulations involving other departments of the Municipal Government's duties or work closely with other departments, drafting units should be fully seeking the views of other departments.
    Drafting unit and other departments have different views, should be fully consulted after full consensus cannot be reached after consultation, draft drafting units should be reported in the draft regulations (hereinafter referred to as draft regulations), explain the situation and reason.
    15th draft regulations should be draft drafting instructions and regulatory legislation based on the chart review submissions and other relevant materials.
    Regulations draft drafting instructions should be on the regulatory legislation basis, necessity, provided a description of the main measures, the parties concerned, the situation. Submitted to the review of the draft regulations, it should be signed by the head of drafting Department is mainly.
    Several departments, has drafted regulations draft shall be signed jointly by several departments in charge.
    16th article municipal government legal sector main from following aspects on regulations trial draft for review: (a) whether meet legal, and regulations of provides, whether and about regulations coordination, and convergence; (ii) whether meet World Trade Organization rules of requirements; (three) whether meet this city reform, and development, and stable of actual need; (four) structure, and provisions and legal terms whether reasonable, and accurate; (five) need review of other content.
    Regulations draft one of the following circumstances, legal departments can stride or sent back to the drafting unit: (a) establish municipal government regulations the basic conditions are not mature and (b) the agency or Department to draft regulations to determine the main system controversy, drafted without consultation with the relevant institutions or departments.
    Article 17th legal departments should send the draft regulations related bodies, organizations and experts for comments.
    Municipal Department of Legal Affairs shall draft regulations involving problems of grassroots field research, listen to the views of relevant organs, grass-roots organizations and citizens.
    Draft regulations relates to the city's major problems, and legal departments should be held by the authorities, participation of experts in seminars, feasibility study meeting, listening, research and demonstration.
    Draft regulations directly related to the vital interests of citizens, legal persons or other organizations, and relevant bodies, organizations or citizens have major differences of opinion, legal departments draft regulations should be reported to the municipal government for approval to the public or hold a hearing.
    Article 18th departments draft regulations related to the measures have different views, the Division of management, permissions, legal department shall coordinate agree; fail to reach an agreement, major, relevant departments should be opinion and legal departments reported to the Government decision.
    19th Legislative Affairs Department of the Municipal Government should carefully study all these views, make modifications to the draft regulations, the drafting instructions, description of the formation of the draft regulations and draft.
    20th city government regulations, shall be approved by the municipal executive meeting or plenary meeting for discussion and decision.
    Consideration of the draft regulations of the municipal government, the drafting Department for instructions, or by the Legal Department for instructions, and draft regulations for relevant departments attended the meeting.
    21st Legislative Affairs Department of the Municipal Government shall, according to the Municipal Government Executive meeting or modifications to the draft regulations to the deliberations of the plenary, formed the amended draft, signed by being in charge of the Mayor, after petition the Mayor signed an order to be published, and published in the bulletin and journal of Fushun Fushun city people's Government.
    Fushun city, in the regulatory texts for standard texts published in the Government Gazette.
    22nd rule explanation right belongs to the municipal government.
    Explained by the Legal Department of the municipal regulations comments refer to Regulation draft review procedures, approval of the Municipal Government announced.
    Municipal regulations explained the City Government shall have the same effect.
    Article 23rd municipality regulations shall be published in the 30th, and rule of law sector in accordance with the Archivist filing of regulations by the city Ordinance and the provisions of the regulations of the State Council for the record format to the State Council and the provincial people's Congress, the provincial government, municipal people's Congress for the record.
    24th amendment, abolition of the rules of procedures, reference to these provisions.
    25th organized by the Municipal Government of draft local regulation drafting and local regulation, repeal of the motion suggested that the reference to these regulations.
    Article 26th published compilation of government regulations, by legal authorities in accordance with the relevant provisions of the law in editing and publishing regulations implemented. 27th article of the regulations come into force on November 21, 2002.
                                                                                  July 31, 1996 issued by the Municipal Government of the Fushun municipal people's Government regulatory procedures (Government issued [1996]32) repealed simultaneously.