Kunming Municipal Government Regulatory Approach

Original Language Title: 昆明市人民政府规章制定办法

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  Chapter I General provisions article in order to regulate the municipal regulations (hereinafter the regulations) development of, and improve the quality of legislation, according to the People's Republic of China Law on legislation, regulatory procedures Ordinance and other laws and regulations, combined with the city's actual, these measures are formulated.

Project of the second rule, drafting, review, decision, disclosure, regulatory activities such as cleaning procedures apply.

Article regulations should adhere to the principles of Justice, fairness and openness, sound community in order to participate in the ways and means legislation, enhancing the timeliness, relevance and effectiveness of the regulations.

Fourth municipal people's Government to rule under unified leadership for the development, coordination mechanisms should be established, perfecting the legislative bodies, the legislative work included in the budget, regulatory work completion into the target task assessment.

Fifth of municipal Legislative Affairs Agency (hereinafter referred to as legal bodies) responsible for regulatory projects, reviewing, cleaning, organization, guidance, coordination and supervision of the work.

Other related departments in accordance with the provisions of these measures and their respective duties, regulatory work.

Chapter II is responsible for organizing the preparation of project sixth municipal regulation five-year legislation plan and the annual legislative programme.

Legal institutions specifically responsible for the planning and preparation of the legislative programme.

Legislation plan should be prepared and completed within the first year of the term of the Government, on the legislative programme should be prepared and completed in the last quarter of the year.

Preparation of legislative planning and legislation under the seventh plan should adhere to conditions, need State, focused, holistic principles.

Legislative rulemaking is expected in a certain period and guidance, preparation of the legislative programme should give priority to choose legislation from the legislative plan in conditions more mature projects.

Eighth in each County (City) District, development (resort) District Management Committee, municipal government departments an application shall be submitted to the project in accordance with these measures.

Submit project applications should be submitted to the Department Office for discussion and adoption, signed by the heads of major; more departments submit project request shall be signed by the heads of several major departments.

Nineth legal institutions should be open to the Community legislative items in rule of law institutions published on the website of the Municipal Government received recommendations of communications address, fax number and e-mail address and other relevant information.

Citizens, legal persons or other organizations may by letter, fax, e-mail or any other means project proposals to the legal bodies.

The tenth project applications, project proposals should contain the new or revised regulations the name, necessity and the relevant legal basis, the main problems to be resolved and the proposed system.

11th legal institutions on the project to the application, the plan recommends research, feasibility study meeting, held online for advice, such as conducting research, and through the holding of seminars and other means, and listen to the municipal people's Congress, Standing Committee, special committees and bodies, and views of the relevant departments of the municipal CPPCC Committee.

To the relevant legal bodies of citizens, legal persons and other organizations feedback project recommends the adoption of.

12th the items to be included in the legislative plan and legislative programme, subject to the following conditions: (a) in accordance with local legislation and the scope; (b) the legislative intent clear, based on the full, it is necessary to establish regulations and (iii) adapt to economic and social development and local governance.

13th legal institutions should develop legislative plan and draft legislative plans and instructions to report municipal people's Government, after a considered and passed by the municipal people's Government, issued the implementation.

Legislative regulations on planning and legislative programme should clearly name, the drafting Department and so on. The legislative scheme is divided into "consideration of such projects", "preparatory class project" and the "research project" in three categories.

Consideration of such items in accordance with the prescribed procedures completed, when report considered by the municipal government projects refers studies preparatory class project drafting, mature projects could be considered when submitted to the municipal people's Government; research project refers to the year of research and demonstration projects. After the 14th legislative plans to issue, in principle, no new legislative projects in the year. Additional requirements, departments should put forward a written report and present measures article tenth of the material submitted to the city government legal agencies.

Legal agency comments on proposed legislative items, approved by the municipal people's Government into the legislative work arrangements without approval will not be scheduled for consideration.

15th legislative period, drafting of the sector after a full investigation, considers that the development of the time is not ripe, conditions not available, shall be reported to the legal body that cause written materials, upon advice by the legal bodies, submit to the city people's Government decided whether to terminate or to suspend the legislative.

16th legislative plan expires, unfinished project, drafting departments should explain the reasons to the legal bodies and dealt with by the legal research agencies should submit to the city people's Government.

The third chapter drafted and submitted to the 17th rule projects drafted by legislative drafting departments identified in the plan or may entrust third parties to draft.

Article 18th review projects, preparation of project drafting sector legislation should be enacted in accordance with the requirements of the programme of work; consideration of the legislative work programme of projects shall be approved by the municipal people's Government Office.

Legislative work programme should include legislative work leading group and member of the drafting team, scheduling, work requirements, and so on.

19th drafting departments should fully research the relevant laws, regulations and policies, learn from the advanced experience in the field, through field visits, surveys, statistical analysis and research work carried out.

Article 20th class projects, drafting departments of preparatory projects should be based on research, drafting of the regulations.

Text of the draft regulation shall comply with the legislative requirements of the technical specifications.

21st draft regulations related to other departments and the work of the drafting Department and other departments concerned should be coordinated; could not be coordinated, the views and the draft regulations submitted to the legislative work leading group.

Draft regulations concerning the relevant system and functions adjustment shall be carried out by municipal decisions on major issues, should be submitted to the legislative drafting departments work leading group.

22nd drafting departments shall, through the convening of seminars, feasibility study meeting, hearing and other forms, listen to relevant ministries, organizations and individual comments on the draft regulations, and published through newspapers, Internet and other means, to the public for comment.

Involving significant legal issues or special technical problems, should listen to the views of relevant experts or other professionals.

23rd draft sector regulations should be submitted to the municipal people's Congress Special Committee, municipal people's Congress, relevant working bodies for comments, and sent to relevant special committees of the CPPCC, democratic consultations, hearing the CPPCC, democratic parties, personages without party affiliation, mass organizations, social organizations.

Drafted 24th views gathered by the Department shall carry out research, the reasonable opinion to be adopted, and feedback mechanisms.

25th project affecting the vital interests of the regulations, draft departmental risk assessment should be carried out in accordance with the regulations of social stability.

Article 26th drafting departments consider the draft regulations submitted to the municipal people's Government shall be subject to sectoral meeting for discussion and adoption, signed by the heads of major; several draft regulations drafted by the Department, shall be signed by the head of drafting Department is mainly.

27th article submitted City Government considered regulations draft Shi, drafting sector should submitted following file and material: (a) reported to the review of report; (ii) Regulations draft, and drafting description and the comments draft; (three) by according to of legal regulations and the reference of policy file directory; (four) hearing report, and social stable risk assessment report; (five) Views collection and the adopted situation; (six) other about material.

Notes on the draft regulations should include a regulatory necessity, superior law, proposed the establishment of the main system and the reason, major differences of opinion, and processing of, and so on.

Soliciting comments on the draft regulations should specify that the provisions of norms, elaboration of the reasons, on the basis of laws and regulations and the policy reference file.

28th preparatory class project drafting departments shall, in accordance with the requirement of submission to legal agencies legislative work programme, research report, the draft regulations; report on the drafting Department of the research project shall be submitted.

Research report should include basic, underlying data, legislative necessity, compared with the field, problems and solutions, and so on. Drafting Department of the 29th considering such projects cannot be completed on drafting and filing work, shall, within the prescribed period prior to the completion of legal institutions to explain the situation.

Due to objective reasons could not be completed on schedule, after review by the legal institutions, extension of timelines for completion, the drafting Department municipal people's Government for approval.

Extension of time normally not more than three months to complete.

30th in the draft regulations, legal institutions should be involved in advance, through participation in the drafting of the draft regulations, research, feasibility studies, modifications or any other means and to supervise and guide the drafting Department regulations drafted and submitted to the work carried out.

The fourth chapter reviews the 31st draft regulations by the legal body responsible for the review of article drafting departments shall cooperate.

32nd legal institutions should be to review the draft regulations from the following aspects: (a) compliance with the provisions of laws and regulations, (ii) compliance with the provisions of article III of this approach and (c) whether provisions on regulatory drafting and filing the present measures and (iv) differences are coordinated; (v) other contents need to be reviewed.

Article 33rd drafting departments to submit documents and material does not comply with the measures stipulated in the 26th and the 27th, legal authorities may demand the drafting Department, additional related materials within a specified time frame. Article 34th legal institutions should be organized in review feasibility study meeting, seminar, listen to related institutions, organizations and individual comments on the draft regulations.

Involving significant legal issues or special expertise of draft regulations, should be invited to attend relevant experts or other professionals. 35th legal institutions shall send the draft regulations regulations involving the relevant departments for comments.

Related departments have different views on the draft regulations, legal institutions should be coordinated; coordinated agreement is not reached, dispute should be the main legal institutions, coordination processes and the relevant comments and views of government legal agencies report to the municipal people's Government for decision.

When coordinating legal authorities may entrust third parties to evaluate fully the views of various parties.

36th draft regulations concerning the relevant system and functions adjustment shall be carried out by municipal decisions on major issues, legal institutions should review comments submitted to the municipal people's Government for decision.

37th legal institutions, in conjunction with the drafting Department studied the various views on the amendments to the draft regulations, should once again seek the opinion and Kunming City Government Portal, legal Web sites open to the public for comments, public comment period of not less than 15 days.

Article 38th legal institutions should collect views and studies, the reasonable opinion to be adopted, and feedback mechanisms.

39th article by municipal government legal institutions review, regulations draft exists following case of, reported to the City Government agreed Hou, can stride or returned drafting sector: (a) developed regulations of basic conditions is not mature of; (ii) Regulations draft involved other sector duties and work, drafting sector not and about sector for coordination of; (three) drafting sector not according to 33rd article provides added related material of.

40th after review of legal authority, that can be submitted for consideration of the draft regulations, a review report, together with the draft regulations and draft notes submitted to the municipal people's Government considered; do not need to be published in the form of regulations, and put forward opinions reported to the municipal people's Government for decision.

The fifth chapter decisions, publish and record 41st draft regulations submitted to the municipal people's Government after officials agreed to and signed, submitted to the Standing Committee of the municipal people's Government, or for consideration in plenary meeting.

Consideration of the draft regulations and draft sector regulations or legal bodies of the draft description, reviews and so on.

42nd drafting departments and government legal agencies according to the municipal executive meeting or deliberation by the plenary of changes to the draft regulations, and report to the Mayor to sign the draft modified regulations.

43rd regulation published in the form of municipal government, the municipal people's Government Office responsible for issuing.

Municipal regulations set forth the enactment organ, the serial number, rule name, signature and date of adoption, date of execution, the Mayor announced.

Unless otherwise provided by laws and regulations, regulation should come into force after the 30th from the date of promulgation.

44th rule following the publication of Bulletin of the Kunming city people's Government and the Kunming City Government Portal and the Kunming daily should be published in a timely manner.

45th regulation published in the 30th, rule of law submitted to the State Council by the municipal government, the provincial people's Congress Standing Committee, provincial government, municipal people's Congress for the record.

Sixth chapter other 46th after the implementation of the regulations, enforcement or legal bodies should timely assessments of the implementation of the regulations.

Assessment results can be used as cleanup according to the regulations.

47th municipal every two years for regulations and normative documents on a comprehensive cleanup, specific work by the legal bodies.

Legal agencies according to the requirements of the national, provincial, and organization to carry out specific clearance.

48th article regulations has following case one of of, implementation sector should to municipal government legal institutions timely proposed modified or abolition of recommends: (a) by according to of legal, and regulations made major modified or abolition of; (ii) Regulations of main content has was about upper method or other regulations alternative of; (three) Regulations specification of content has not adapted actual need of; (four) should modified, and abolition of other case.

After demonstration of legal institutions, that regulations should be abolished, and report to the municipal people's Government announced the abolition of; think regulations should be amended, in accordance with the provisions included in the legislative plan and legislative programmes.

49th rules translations of compiling, compilation by the legal bodies responsible for foreign-language versions of the.

50th legal institutions should establish legislative information platform to facilitate public access to legislative information, put forward legislative proposals. Seventh chapter supplementary articles article 51st these measures shall take effect on January 1, 2016.