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Zunyi People's Government Rulemaking Procedures

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

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Chapter I General

Article 1 guarantees the quality of legislation and promotes the building of the rule of law, in accordance with legal provisions such as the Law of the People's Republic of China, the Regulations of the State of the Republic of China and the Regulations of the State of the State, and establishes this provision in conjunction with the actual practice of the city.

Article 2

Article 3 should be developed in accordance with the legislative principles established in the Legislative Act and the Regulations and Rules for the Development of Procedure, highlighting local features, targeting and operationalability, in the light of the practicalities of the city.

The name of Article IV is generally referred to as “the application of the rules” and shall not be referred to as “the regulations”.

Article 5. The Government of the city is responsible for the harmonization of leadership established by regulations.

The State's rule of law institutions (hereinafter referred to as the municipal rule of law institutions) are responsible for the examination of the draft regulations, as well as relevant organizations, guidance and coordination.

Regulation 6.

Chapter II Legislative planning

Article 7. The Government of the city shall prepare, in accordance with the economic construction and social development needs of the city, an annual government legislative plan within the first quarter of each year.

Article 8

Article 9

(i) Restrictions on the construction and management of rural and urban areas, environmental protection and historical cultural protection.

(ii) The content of the project is not incompatible with the top law;

(iii) The content of the project is legal, administrative and local legislation with only principled provisions requiring specific provisions from the municipality;

(iv) The content of the project has provided reasonable and feasible programmes for the main issues to be addressed and the main systems or measures to be identified.

Article 10

(i) The name of government regulations;

(ii) The need, purpose and basis for the development of government regulations;

(iii) Issues to be addressed by government regulations and the main systems or measures to be established;

(iv) Drafting of work plans by the heads of drafting groups and government regulations.

Article 11. The municipal rule of law institutions should work in conjunction with the annual focus of the city, the municipal government, prepare annual regulations development plans and report on the implementation of the adoption by the Standing Committee. The project in the annual regulations development plans is divided into formal projects and research projects, without research or conditionality, and cannot be included in formal projects.

There are no regulations that are included in the annual regulations for the development of formal projects, which are not developed in principle over the year. In the opinion of the relevant departments or units, regulations are required to submit the relevant material required for the establishment of the municipal rule of law bodies, subject to review, argument by the municipal authorities' rule of law bodies, and it is considered necessary to be prepared for approval by the Mayor or the Deputy Mayor, who is entrusted to it, to be established by the parties.

The annual regulations development plan should determine the name, drafting units, heads and the time of delivery of government regulations.

Article 12 Civil, legal and other organizations may make proposals for regulations to the municipal authorities to organize studies or transmit to the relevant sectoral studies by the municipal rule of law institutions. For feasible recommendations, they are made in accordance with the procedure.

Chapter III

Draft regulations are drafted by a single application department; the complexity of legal relations can be drawn up by a governmental rule of law body.

The draft regulations may entrust the experts, social organizations with drafting.

The draft regulations were commissioned to be drafted by the relevant authorities to identify the trustee and to enter into a commissioning agreement with the trustee.

Article 14. The drafting of regulations shall preside over research and shall widely listen to the views of citizens, legal persons and other organizations, including civil, legal persons and other organizations, in the form of online consultation, colloquiums, hearings, etc.

Article 15 Drafting regulations should be in line with legislative technical requirements, and should be structured in a clear and concise manner, in terms of terminology. The content already specified by law, legislation and regulations does not in principle be repeated.

The content of the draft regulations pertains to the responsibilities of municipal government departments and the drafting units should fully seek the views of the relevant sectors. The drafting units have different views with the relevant sectors and should be fully consulted; consultations cannot be agreed and the drafting units should describe the situation and the reasons when they are sent to the draft regulations of the Government.

The content of the draft regulations relates to important issues such as the management system, functional adjustments, and the drafting units should be invited to the municipal government decisions.

The content of the draft regulations relates to specialized technical or professional strengths, which should be held to organize expert and expert scholars.

Draft regulations drafted relate directly to the interests of citizens, legal persons and other organizations, and the relevant organs, organizations or citizens have significant differences in their views should be made public and consulted; the drafting cell may also hold a hearing in accordance with the following procedures:

(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 are entitled to question and comment on the draft regulations drafted;

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

(iv) The drafting cell should carefully study the views reflected in the hearings, and the drafting regulations should indicate the treatment of the hearings and the reasons for them when they are sent to the review.

Article 18, which takes a written form of consultation, shall submit a written opinion within the prescribed time period and shall include a response to the public chapter. The overdue response should be explained in the drafting note.

The Drafting Unit shall prepare the summary of the proceedings of the Conference, such as the documenting of the main views, rationales and recommendations of the participants, as well as providing clarification in the drafting note.

Following the finalization of the draft regulations, the drafting cell should prepare a drafting note. The drafting note should include the need for regulations, purposes, legislative basis, key issues to be addressed, the main systems to be established, the main measures, the views and adoption of the relevant sectors and the management of the relative, as well as other questions of need.

The draft regulations should be jointly discussed by the drafting cell heads, who are sent to the municipal rule of law bodies for review by the main holder, through the signing of the chapter of the Gates Unit.

Joint drafting should be signed by the principal heads of the units concerned.

The following materials should be delivered in the context of the draft regulations:

(i) Request for a review;

(ii) Text of the draft (current electronic text);

(iii) Drafting notes;

(iv) Research reports;

(v) Different views and minutes of meetings in the course of the identification, coordination and consultation process; hearings should be accompanied by a record of hearings;

(vi) Legal, legislative and main references.

The draft regulations should be sent by the drafting unit to the municipal authorities' rule of law bodies and should be sent to three months prior to the completion deadline established by the regulations.

Chapter IV

The draft regulations are governed by the municipal rule of law body. The review includes:

(i) It is operational in conformity with legal norms;

(ii) Have coordination and interface with relevant regulations;

(iii) The fullness of the consultation and the greater coherence of the opinion;

(iv) Structural, provisions and terms are consistent with legislative technical requirements;

(v) Other elements requiring review.

Article 24: The municipal rule of law institutions shall submit a review of their views in a timely manner after the receipt of the draft regulations; one of the following conditions shall be returned to the drafting body or the suspension of the process:

(i) Be incompatible with law, legislation or in violation of national policy elements;

(ii) The content does not correspond to the actuality of the city;

(iii) The relevant departments have greater controversy over the draft regulations and the drafting cell has not been consulted with the relevant departments;

(iv) The content is divided within the drafting sector;

(v) To draw on, duplicate content;

(vi) Other cases requiring redrafting of drafting units.

Draft regulations should be returned to the Drafting Unit, which should be conducted in accordance with the review of the municipal authorities' rule of law institutions.

Regulations for inclusion in the annual development plan are not required or should be suspended, and drafting units should report and make clarifications to the municipal government.

Article 27 of the municipal rule of law should conduct social studies with the drafting units on the content of the draft regulations, identify the need and feasibility of legislation, and the drafting units should cooperate and assist them.

Article twenty-eight of the municipal rule of law institutions consulted in writing on the draft regulations, and the relevant units and organizations should submit their views and proposals in accordance with the law and be signed by their principal heads and incorporated into the public chapter, which provides time for feedback on the rule of law of the municipal government.

Following a review of the draft regulations by the municipal rule of law institutions, there was no case under article 24 of the present provision and a coordination certificate should be organized in a timely manner, which would be revised in conjunction with the drafting cell.

Article 33 The municipal rule of law body should modify the draft regulations and the draft notes based on a careful study of views.

Draft regulations and draft statements are submitted for consideration by the Standing Committee of the People's Government or in plenary meeting, following the approval and signature of the relevant authorities of the municipality.

Article 31

(i) Draft regulations and draft notes;

(ii) Accreditation of the relevant sectors;

(iii) Other submissions.

Article 32, without a draft regulations reviewed by the municipal authorities' rule of law bodies, shall not be sent to the municipal council or to the plenary for consideration.

Consideration, publication and documentation

In considering the draft regulations, the heads of the municipal rule of law bodies made a presentation on the draft regulations, meetings of the main heads of the drafting sector, and supplementary notes on the issues required.

After consideration of the draft regulations, the Government of the city adopts, adopts the principles, reconsiders or decides not.

The Government's rule of law bodies should modify the draft regulations in accordance with the consideration of the draft regulations and communicate the revised draft regulations to the mayors.

Article XV provides for the publication of the Ordinance of the People's Government.

The Order of the People's Government shall contain the order number, the name of the regulations, the date of adoption, operation and publication, and shall be signed by the Mayor. In addition to the provisions of the law, the regulations should be implemented after thirty days of the date of publication.

Article 36 shall be published after the publication of the Government of China's Rule of Law Information Network, the Official Journal of the People's Government of the Republic of China, the website of the Government of the Republic of Inheritance and the Day of Compliance. The text of the regulations contained in the Official Journal of the People's Government of the Republic of Inheritance is the standard text. The electronic text of the regulations in compliance with the Government's website is the standard electronic text.

Article 37 shall be submitted to the State Department, the Permanent Committee of the People's Congress, the Government of the province and the Permanent Committee of the People's Republic of the Congo, in accordance with the provisions of the Legislative Act of the People's Republic of China and the Regulations.

Chapter VI Interpretation, modification and abolition

Article 338's legislative interpretation is provided by the authorities of the municipal authorities in the light of the draft regulations review process, and is submitted to the Government of the city for approval.

The interpretation of the regulations is equally valid.

Article 39 provides for the implementation of one year's regulations, one of which is one of the following cases, and the Government's rule of law institutions should organize the drafting sector or the assessment of social parties:

(i) Broadly involve the right of citizens, legal persons and other organizations to property;

(ii) Social shocks;

(iii) Other circumstances requiring assessment.

The results of the assessment could serve as a basis for the revision and repeal of regulations.

Article 40

(i) Implementation of regulations;

(ii) Correspondents of administration and other aspects of society;

(iii) Problem in operation and its causes;

(iv) Other matters to be assessed.

The executive branch may entrust the relevant organizations, experts with an assessment of all or part of the assessment.

In the implementation of Article 40, there are one of the following conditions in which the executive or municipal rule of law institutions should make proposals for amendments or repeals to the Government of the city 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) The new laws, regulations, regulations that have been replaced or contradicted;

(iv) Adjustment targets have disappeared or changed;

(v) After the assessment of the provisions, it was considered necessary to modify and repeal them;

(vi) Other cases should be amended and repealed.

Citizens, legal persons or other organizations believe that regulations are incompatible with the law, legislation and regulations may propose amendments or repeals to the Government's rule of law institutions. The Government's rule of law institutions will require amendments to be included in the regulatory formulation plan, in accordance with this provision; they should be repealed and made public to society.

Chapter VII

Article 42 Drafting the draft local legislation to be considered by the Municipal People's Government by the General Assembly or by the Standing Committee of the People's Representatives, shall be implemented in accordance with this provision.

The draft local legislation relating to administration should be considered by the Standing Committee of the People of the city or by the plenary, in the form of a bill to be submitted to the General Assembly or to the Standing Committee of the People's Representatives.

Article 43