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Gansu Province To Develop Draft Regulations And Regulatory Procedures

Original Language Title: 甘肃省拟定法规草案和制定规章程序规定

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Chapter I General

Article 1, in order to regulate the drafting of draft local legislation and the procedures for the enactment of government regulations, promote scientific legislation, democracy legislation, improve the efficiency and quality of government legislation, play a legislative leading and catalytic role in promoting the building of the rule of law government, in accordance with the provisions of the Law of the People's Republic of China and the Regulations of the Department of State.

Article 2

The provisions refer to the formulation, modification and abolition of work.

Draft legislation and regulations should be formulated in accordance with constitutional, legal, administrative and local legislation, in accordance with the procedures for public, fair and fair principles and public participation, expert advice, full consultation and collective consideration.

Article IV Government rule of law institutions are responsible for organizing specific work on draft regulations and regulations, reviewing the texts of legislation and regulations and promoting, guiding and coordinating the relevant work of all branches of government (institutional bodies).

Government departments (institutional) and lower-level people's governments should work in conjunction with provincial, municipal and national rule-of-law institutions to obtain advice and coordinate on draft regulations and regulations.

Chapter II Legislative plans

Article 5

The preparation of the annual legislative plan should be guided by the principles of mature, focus, coherence, adaptation and action.

Article 6 Government rule of law institutions should start in early October of each year to collect the following annual project proposals for the preparation of draft legislation and regulations:

(i) To collect funds to all branches of Government (institutional), lower-level people's governments;

(ii) Publicization of society through the media, the Government's information website;

(iii) Accreditation of representatives and members of the Alliance.

Projects relating to the regulation of common government conduct may be made directly by the Government's rule of law institutions.

Article 7 Government departments (institutional) or the lower-level people's governments believe that there is a need for amendments, research findings or regulations, which should be combined by sectoral (institutional) rule of law bodies by the end of October of each year and submitted legislative recommendations to the Government's rule of law bodies after the principal heads of authority have been validated and brought together.

Other State bodies, enterprise units, social groups and citizens have proposed legislation or regulations to the Government, which is studied by the Government's rule of law institutions to provide advice and to respond to the results and reasons.

Article 8 Government departments (institutional) or the lower-level people's governments believe that there is a need for legislation or regulations that should be submitted to the Government's rule of law bodies by the end of November of each year. Legislative projects should include the following key elements:

(i) A draft of legislation or regulations;

(ii) The basis, the need and the feasibility of the main system norms;

(iii) Key elements of normative norms and the main systems to be determined;

(iv) The feasibility, social effectiveness and possible problems of implementation;

(v) Drafting units;

(vi) It is expected that the Government will be given time.

Article 9 Government rule of law institutions should justify legislative recommendations. In line with legislative requirements, the annual legislative plan was included; one of the following cases was not included in the annual legislative plan:

(i) The legislative purpose is not in accordance with the political party and the basic national approaches, policies that do not meet the requirements for economic development in the socialist market and changes in government functions;

(ii) No in-depth study of the content of the norms to be regulated by the project, which is not conclusive and legislative times are not ripe;

(iii) The content of the project is incompatible with legal regulations;

(iv) The tendency to protect local or sectoral interests is evident;

(v) The basic content overlaps with top law or other legislation, administrative regulations;

(vi) There is no substantive element, and the need for legislation is not sufficient;

(vii) No matter to be addressed through the development of legislation or regulations.

At the same level, legislative bodies are in the process of legislation or have been included in the legislative plan, and the next-level legislature is generally no longer included in the annual legislative plan.

Article 10. The annual legislative plan shall be reviewed by the current Government, in full consultation with the rule of law agencies of the General Assembly of the People's Representatives, and shall be reported to the Party in accordance with the relevant provisions.

The annual legislative plan was considered and made available to society by the Standing Government Conference.

The annual legislative plan should determine the drafting units, heads and time of the draft articles of the statute and regulations.

Article 11. Annual legislative plans are organized by the Government's rule of law body.

In the course of the implementation of the annual legislative plan, the relevant units should submit written reports to the Government of the people at this level, which are subject to changes in special circumstances or additional projects.

Chapter III

Article 12. The legislation or regulations are drafted by the departments (institutional) that propose legislative recommendations.

The draft regulations and regulations dealing with the functions or content of the two sectors (institutional bodies) may be co-chaired by consultation or by the Government's rule of law body, as a member of the drafting group, with a common responsibility for drafting the work; important administrative and comprehensiveness, with no clear regulations and regulations involving major emergency matters, drafting or direct drafting by governmental rule of law institutions.

Drafting legislation or regulations may invite relevant organizations or experts to participate or to entrust the relevant experts, teaching science and technology units, social organizations to draft or to organize drafting by solicitation.

Article 13 Drafting units should establish drafting groups, with the participation of key heads, to follow up on leadership responsibilities, staff and work requirements and to complete drafting tasks as required.

Drafting units cannot be completed as soon as they are completed, a written statement should be made to the Government's rule of law institutions.

Article 14. Drafting regulations and regulations generally include the following:

(i) Legislative basis, purpose and principles;

(ii) Adjustments, scope and implementation of the subjects;

(iii) There is a need for the regulatory, procedural norms of the required entity;

(iv) Legal responsibility, date of implementation;

(v) Other requirements.

Article 15 Drafting legislation and regulations shall be in compliance with the following provisions:

(i) No violation of the Constitution, laws, regulations and regulations;

(ii) The content is consistent with the legislative authority and the legislative scope;

(iii) Beside around the work of the Party, the Government Centre, in line with the practical needs of local reform, development and governance;

(iv) Be consistent with other relevant local legislation, regulations and regulations in the provinces, municipalities (States);

(v) The provisions relating to sectoral responsibilities are in line with the requirements for institutional reform in the administration of the State and in the province, while setting the conditions, procedures and responsibilities to exercise their functions;

(vi) The environment and conditions for the implementation of the relevant systems and measures;

(vii) To reflect the principles of simplification, effectiveness and harmonization of government functions;

(viii) A wide range of inquiries and a greater degree of harmonization of views;

(ix) In line with legislative technical norms.

Article 16 General procedures for drafting regulations and regulations:

(i) Drafting units of legislation and regulations should conduct a comprehensive and in-depth study on issues that need to be addressed, propose scientific and effective institutional measures and form an input;

(ii) Broadly seek advice from the parties concerned for the conduct of feasibility assessments and arguments;

(iii) Different views should be held in consultation with the relevant departments; consultations remain unanimous and should be introduced for third-party assessments and made available when they are sent to the examination;

(iv) In relation to projects involving specialized technical issues or other issues of greater professionality, the drafting cell should hold an expert-specific desk to present an argument.

Article 17 has a significant impact on the economic and social development of the region, directly related to the interests of citizens, legal persons or other organizations, legislation or regulations that have significant differences in the content, and the drafting units should seek public advice or hold colloquiums, opinions, hearings and hearings. The public request was not less than 30 days.

The holding of hearings is conducted in accordance with the following requests:

(i) The public hearings shall be held and the drafting cell shall publish the time, place and content of the hearings by 30 days of the hearings;

(ii) The relevant organs, organizations and citizens participating in the hearings shall be entitled to question and comment on the draft regulations or regulations;

(iii) The hearings should produce a record of the main points and reasons for the record of the speaker and be signed by the speaker;

(iv) The drafting cell should carefully study the views reflected in the hearings, and the drafting of legislation and regulations should provide information on the adoption of the observations and the reasons for them when they are sent to the review.

Article 19, regulation and regulation projects involve major changes or major administrative measures, and drafting units should be made available in advance to the topic of the current Government and, if approved, in a copy of the draft regulations and regulations.

Article 20 should prepare a drafting note on the need and feasibility, the basis of legislation, the drafting process, the main content, the description of important provisions, the main issues to be addressed and other issues that require clarification.

The drafting body should provide clarification in the drafting note on the need for the establishment of the administrative licence, the impact on the economy and the economy and the circumstances in which it may be heard and accepted.

Article 21, the drafting of legislation or regulations shall be subject to the approval of the body of law of the drafting body, which shall be submitted to the Government for review by the drafting body, subject to discussion at the relevant meetings of the drafting body, the adoption of a draft regulations and regulations, and the signing of the main drafting unit. A number of units are co-drafted and should be signed by the main holder of the drafting unit.

The following documents and materials should be submitted to the present Government when the drafting cell submits the texts or regulations to the present Government.

(i) Request for review;

(ii) The text of the draft of the trial and its electronic text;

(iii) Drafting notes and their electronic texts;

(iv) The main differing views of the relevant organs, organizations and individuals;

(v) The relevant legal basis;

(vi) Other relevant materials.

The above-mentioned material is not in accordance with the provisions of the previous paragraph and the Government's rule of law institutions may request the drafting units to supplement the relevant material. The drafting cell was not supplemented by request and the Government's rule of law body could return the draft articles to the drafting unit.

Chapter IV

Article 23 of the Government's rule of law bodies should be consulted widely with the Government of the lower-level population, the relevant departments of the Government of the province (institutional), relevant organizations, experts and the public. An argument, colloquium or hearing may be held with the participation of the relevant organs, social groups, public representatives and experts, or may be open to the public's views on the press or on the Government's rule of law information website.

After receipt of legislative or regulatory requests from the Government, the relevant branches of the Government, relevant organizations, etc., should be carefully studied and, within the prescribed time frame, provided that the main head of the unit has issued and added to the public chapter; and the failure to respond to it is deemed unreasonable.

Article 24 of the Government's rule of law institutions should address the main issues involved in the draft of legislation or regulations, conduct research at the grass-roots level, and hear the views of the relevant sectors (institutional), organizations and citizens.

The Government's rule of law institutions should be well involved in legislative mechanisms to explore the establishment of a grass-roots legislative contact point system, broaden public access and modalities for the orderly participation of legislation, strengthen the scientific, targeted and enforceable nature of legislation and advance legislation, quasiness and detail.

Article 25 The Government's rule of law body has established the Government's advisory pool. In carrying out studies on issues related to legislation or regulations, expert advice may be invited in the form of government procurement of social services.

The expert advisory opinion warrants, which should form an evidentiary report. The evidence report includes the basic situation of the evidence conference, the basic view of the speaker and the findings, etc., as an important reference to the changes in the draft.

The Government's rule of law body, in conjunction with the drafting unit, reviewed the amendments to the legislation or regulations on the basis of the prior law, in conjunction with the research and solicitation.

Article 27, concerning departments (institutional) or organizations, has different views on the main measures involved in the issuance of legislation and regulations, the management system, the division of competence, coordination between the Government's rule of law authorities, the heads of departments (institutional bodies) should participate in coordination, the delegation of authority to the relevant sector (institutional) should be delegated to staff to participate in coordination, and the views of staff should be shared on behalf of the department (institutional).

In coordination with the Government's rule of law bodies, there is no agreement that can be reported to be coordinated by the Government's executive head or by the organization of the Secretary-General, or by the Government's rule of law bodies in their review opinions, to be submitted to the Standing Committee of the Government or to the plenary for consideration of decisions.

In article 28 of the Government's rule of law body's review of legislation or regulations, it was found that one of the following cases could be suspended or returned to the drafting body:

(i) Contrary to laws, regulations;

(ii) Beyond legislative competence and legislative scope;

(iii) Be incompatible with the actual needs of local reform, development and stability;

(iv) Local protection or sectoral orientation are evident;

(v) The existence of significant legislative deficiencies and the need for a comprehensive adjustment and modification;

(vi) Coordination of key issues;

(vii) The conditions established have changed significantly or were not mature;

(viii) The content is divided within sectoral (institutional) functions and competencies;

(ix) Not drafted or sent under the prescribed procedure;

(x) Not appropriate to be issued in the form of regulations and regulations.

Following the agreement reached by the Government's rule of law bodies on the revision of legislation or regulations, the draft articles were adopted by a collective discussion at the office of the Government's rule of law bodies, drafts and review opinions, presented at the annual meeting of the Government or the plenary.

Chapter V Consideration, decision, publication and documentation

The draft legislation or regulations should be considered by the Standing Committee of the Government or by the plenary.

In considering the draft legislation or regulations, a drafting note was made by the drafting body to report on the review by the Government's rule of law bodies.

Article 31, which was considered by the Standing Committee of the Government or by the plenary of the draft regulations and regulations adopted, was issued by the Government's rule of law bodies, following the changes made by the Conference, by the Chief of Procedure, the Governor of the city (State).

The draft legislation is submitted in the form of a bill by the Government to the General Assembly by the Standing Committee of People's Representatives or by the People's representative.

The regulations are published in the form of a people's government order and the Order of the People's Government should remain constant.

Article 32 draws the Government's consideration of the draft regulations and regulations that have not been considered for two years and should be redrafted for consideration.

Following the publication of regulations, the Government's bulletin, the Government portal and the Government's Rule of Law Information Network and the newspapers issued within the region are published in a timely manner.

The text of the regulations published in this Government communiqué is the standard text.

Article 34 should be submitted by the Government's rule of law organs within 30 days of the date of publication to the Standing Committee of the General Assembly of State and Provincial People's Representatives, in accordance with the law; the regulations developed by the municipalities, the State's Government should be accompanied by the Provincial People's Deputies.

Chapter VI Interpretation, modification and abolition

Article 55 is interpreted by the designating body.

The legislative interpretation of the regulations is equally effective.

Article 36 shall be subject to a legislative post-trajective assessment of its implementation every five years after its implementation. The Government's rule of law institutions may organize legislative post-assessments of the executive units concerned with the significant interests of the people, the regulations governing the implementation of the economic and social development or the co-operation of multiple sectors (institutional bodies). The assessment should be followed by clear assessment findings, preparation of the assessment report and presentation of the current Government.

Article 37 shall be periodically cleared by the implementing units every five years on their regulations. Where necessary, the Government's rule of law institutions may organize the clearance of the implementing units.

Article 338 or regulations contain one of the following cases, and the implementing units or the Government's rule of law institutions should make proposals for amendments or repeals to the current Government in a timely manner:

(i) Be incompatible with the law, administrative legislation or other superior laws;

(ii) The laws, regulations on which they are based have been amended or repealed;

(iii) Laws, regulations and regulations that have been newly issued;

(iv) Adjustment targets have disappeared or changed;

(v) Changes in the executive branch;

(vi) After the assessment of the provisions, it is considered necessary to modify or repeal them;

(vii) Other cases should be modified or repealed.

Chapter VII

The compilation of regulations and regulations, the translation process, is the responsibility of the Government's rule of law institutions.

Article 40 The draft local legislation and regulations were adopted by the Government of the People of the province, No. 56 of 10 June 2009.