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Fuzhou People's Government Rulemaking Procedures

Original Language Title: 福州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 regulations and promotes the building of the rule of law, in accordance with the Law of the People's Republic of China, the Regulations of the Department of State and the draft regulations of the People's Government and the regulations of the Government, and the regulations of the Government, and the regulations of the Government, and establishes this provision in conjunction with the actual practice of the city.

Article 2

Article 3 should effectively guarantee the legitimate rights and interests of citizens, legal persons and other organizations, adapt to the actual needs of the city and highlight local features.

Article IV provides a unified leadership for the Government of the city to develop regulations.

The State's rule of law institutions are responsible for the development of regulations in this city, to organize, guide and coordinate specific work, such as the establishment, drafting and review of regulations.

The Governments of the various districts (communes) and the municipalities should, within their respective responsibilities, assume specific work on the draft regulations and actively cooperate with the relevant work of the municipal authorities' rule of law institutions.

Article 5 provides for the inclusion of regulatory requirements in the annual financial budget of the current Government or the sector, and guarantees the normal conduct of work.

Chapter II

Article 6. The Government of the city has developed a workplan for the development of annual regulations at the beginning of each year.

Article 7. Citizens, legal persons and other organizations may make proposals for the development of regulations to the authorities of the communes, the peoples of the districts (markets) or the municipalities.

The rule of law institutions of the Government of the city should transmit the collected recommendations to the relevant sectors. It is recommended that the relevant authorities submit a report to the authorities of the commune government on the rule of law.

The Government and the various sectors of the city's people's government are of the view that regulations are needed for matters such as urban and rural construction and management, environmental protection, historical cultural protection, and should be submitted to the commune of the commune of the Government's rule of law by 1 December of the next year. The following shall include:

(i) The name of the draft regulations;

(ii) The need for regulations, feasibility, including those to be adjusted in the draft regulations, the main issues to be addressed and the main systems to be established;

(iii) Drafting, researching and working progress arrangements;

(iv) Other matters requiring clarification.

Article 9 provides a summary of the regulatory reports and recommendations of the Government of the communes, in conjunction with the needs of economic and social development, with the preparation of the draft annual regulations of the Government of the communes for the consideration of approval by the Standing Committee of the People's Government.

The annual regulations should specify the name of the regulations, the drafting unit and the time of completion.

Article 10. The annual regulation of the development of a work plan can be adjusted in accordance with the actual situation and will be presented to the Government of the communes after an argument by the authorities of the communes' rule of law.

As a result of the economic development and social affairs management needs of the city, the authorities concerned should request additional regulatory projects that should be submitted in accordance with the present provision, and upon review by the authorities of the city's rule of law, the People's Government has approved the inclusion of the annual regulations.

Drafting

Drafting of the draft regulations is specifically responsible for the author's reporting sector, the main executive branch of the legislative project or the industry authorities.

With regard to more than two departments or major, complex draft regulations, the sectoral leadership established by the annual regulations in the development of work plans, with the participation of other relevant departments, is responsible for drafting the work.

Article 12. The drafting sector should establish a dedicated project drafting group to develop a specific programme of work to clarify mandates and time progress at all stages.

The drafting sector may invite relevant experts, organizations to participate in the drafting process or to entrust the relevant experts, organizations with drafting; the author shall enter into written agreements with the individuals or units entrusted.

Draft regulations should be drafted in depth to investigate, fully validate, synthesize practice experience and meet the following requirements:

(i) In line with the reality of the city, it is clear and operational;

(ii) Not to be incompatible with the law, legislation and, in principle, do not duplicate the elements already specified in the law;

(iii) Reflecting the competence, unity of responsibility and the rights and obligations of civil, legal and other organizations;

(iv) To be forward-looking in order to be universally applicable over time and within a certain scope;

(v) In line with legislative technical normative requirements, logically sound, structurally clear, terms are accurate and concise.

The draft regulations should be drafted in a wide range of ways, such as colloquiums, to consult citizens, legal persons and other organizations on professional and technically sound issues, and the drafting sector should convene a validation conference to organize expert, scholarly opinions.

The hearings need to be held, in accordance with the provisions of the Regulations and Rules.

The content of the draft regulations relates to the responsibilities of other sectors of the Government of the city, which should be fully consulted by the drafting sector. The draft regulations relate to institutional setting and funding budgets, which should be specifically consulted by the Government of the city for the preparation and financial sector.

The drafting sector shall consult the relevant departments in writing and shall provide written advice within the specified time frame.

The drafting sector has different views with other departments and should be fully consulted; the drafting sector should provide information when the draft articles are sent.

The draft regulations should be sent to the Government of the People of the city through the approval of the rule of law institutions in the drafting sector, leading a collective discussion, signed by the principal holder and accompanied by the drafting branch. The joint drafting should be sent to the Government of the city by co-signator of the drafting sector and by the executive heads of their respective departments.

When the draft regulations are sent to the Government of the city, the following materials should be submitted:

(i) Formal reports of the review;

(ii) The text of the draft articles, along with three drafting notes, which include the need for regulations, the basis and drafting processes, the justifications for the main elements and the provisions, which involve major changes or major administrative measures, should be highlighted, including the conduct of risk assessment and coordination of key disagreements;

(iii) Laws, regulations, policy texts and relevant legislative information on the basis of drafting;

(iv) Other submissions.

Submissions submitted under the preceding paragraph shall also be accompanied by an electronic file.

The draft regulations are not in accordance with article 16 and article 17 of the present article and are supplemented by relevant information from the drafting sector within 10 working days by the authorities of the Government of the commune. The draft text will be sent back to the drafting sector without the request.

It was not included in the annual regulations for the development of work plans or the addition of regulations projects that had not been authorized by the provisions, and the drafting sector had sent draft regulations to review.

Article 19 The drafting sector cannot complete or require the completion of the drafting, reporting and delivery of the draft regulations for special reasons, and shall submit a written report on the status of the decision of the Government of the commune government to deal with the observations.

Review of chapter IV

The draft regulations are reviewed by the authorities responsible for the rule of law of the city's Government, and the main elements of the review are:

(i) In accordance with the provisions of Articles 12 to 17 of this Convention;

(ii) The need for legislation is sufficient, whether the main measures to be taken and whether the main systems to be identified are feasible and operational;

(iii) The accuracy of structure, content and legal terms;

(iv) The fullness of the consultation and the coherence of significant differences;

(v) Other elements to be reviewed.

The draft regulations were sent in one of the following cases, and the authorities of the commune of the Government of the commune were asked to modify or re-organize the drafting sector:

(i) Contrary to laws, regulations;

(ii) The basic conditions for the development of regulations are not ripe;

(iii) The fact that the main elements are not operational in the city;

(iv) Inadequate strengthening of sectoral authority and the need for significant changes;

(v) The main content provided for in the draft articles is largely controversial and the drafting sector does not have the necessary coordination and argument;

(vi) Incompatibility with legislative technical regulatory requirements and the need for more substantial changes;

(vii) Other cases to be revised or reorganized.

The full text of the draft regulations should be sent to the Government of the People's Republic of the commune for review by the authorities of the commune, and the relevant authorities of the city. In addition to the need for confidentiality in accordance with the law, the State's rule of law institutions can make public requests for draft regulations to the society through the press or the municipal government portal in the present administrative region.

The draft texts of the regulations relate to major issues, professional technical issues or to the interests of the more majority of citizens, legal persons and other organizations, which are consulted by the authorities of the commune government in the rule of law and, where necessary, may organize a colloquium, analytic or hearing.

Following the receipt of the draft regulations by the Government of the People's Republic of the District (market), the relevant authorities of the city, the study should be carefully organized to provide written feedback to the authorities of the city within the prescribed time frame. It was reported that no response was considered to be different.

Various views should be carefully studied by the State's rule of law institutions. There is a significant divergence of views, which should be coordinated by the relevant sectors; coordinatedly cannot be agreed, it can be brought to the coordination of the relevant leadership organizations of the city's Government or to the decision of the commune.

Article 24 examines the draft regulations by the authorities of the communes, organizes the arguments, which will be refined with the drafting sector, form drafts and drafting notes that the Permanent Assembly of the People's Government or the plenary are invited to consider them.

Consideration and publication of chapter V

Article 25

Article 26, which was considered by the Standing Committee of the People's Government or by the plenary of the draft regulations adopted, was signed by the Mayor following a request for the approval of the Government of the commune. The review was not adopted and was implemented in accordance with the decisions of the Conference.

Article 27 provides for the publication of the regulations in the form of the Order of the People's Government. The order to publish regulations should contain the establishment of organs, orders, names of regulations, dates adopted, dates of implementation, mayors and date of publication.

After the publication of the Regulations, the National Government of Favourable States, the Turks and Caicos Islands and the Government's online journal should be made available in a timely manner.

Article 28 shall be submitted by law to the State Department, the Permanent Committee of the People's Congress of the Province, the Government of the province and the Standing Committee of the People's Congress, within 30 days of the date of publication.

Chapter VI Interpretation, modification and abolition

Article 29 regulates the right to interpret as the Government of the city.

In one of the following cases, the Government is responsible for interpretation:

(i) The need for further clarification of the specific meaning or provision of supplementary provisions;

(ii) A new situation after the regulations were developed would require a clear application.

Article 31 explains the recommendation that the executive authority or the executive branch, as determined in the Regulations, should explain the need for the interpretation, sends the authorities of the State's rule of law to comment on the draft regulations to the review process, which is published after the approval of the Government.

Regulation interpretation is equally effective.

Article 31 should be amended or repealed in accordance with the needs of social development.

In one of the following cases, the relevant administrative authorities should make changes or repeal recommendations in a timely manner:

(i) The law, legislation and regulations based on regulations have been amended or repealed;

(ii) The main elements of regulations have been replaced by new laws, regulations or other regulations;

(iii) The subject of changes in regulations has disappeared or changed;

(iv) Changes in the implementation sector;

(v) Other cases requiring modification or abolition.

Amendments to regulations, procedures for repealing are implemented in accordance with regulations.

Chapter VII

Article 32, which is brought by the Government of the city to the General Assembly or its Standing Committee for its consideration of the draft local legislation, as well as changes in local legislation and proposals for the repeal of recommendations, is governed by this provision.

Article 33