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Guiyang Municipal People's Government To Draft Local Laws And Government Regulations In The Draft Procedures

Original Language Title: 贵阳市人民政府起草地方性法规草案和制定政府规章程序规定

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Draft local legislation drafted by the Honduran people's Government and the enactment of government regulations

(Adopted by the Standing Committee of the People's Government on 8 January 2014 No. 18 of 21 January 2014 by the Honoural Government Order No. 18 of 21 January 2014)

Chapter I General

Article 1 provides for the regulation of the Government of the city of drafting draft local legislation and the development of government regulations to improve the quality and efficiency of the legislation, in accordance with the laws, regulations, regulations and regulations of the People's Republic of China, regulations, local legislation regulations of the city of Honour.

Article 2

Article 3 refers to the draft local legislation referred to in this article, which is drafted by the organization of the People's Government to bring to the attention of the General Assembly and its Standing Committee legal documents.

This provision refers to the enactment and publication of legal documents by the Government of the Municipalities in the form of the Order of the People's Government.

Draft local legislation and draft government regulations in this provision include the development, modification and abolition of the draft.

Article 4

The rule of law sector of the city is specifically responsible for the drafting of the draft local legislation and for the guidance, supervision and integrated coordination of the Government's regulations and for the organization of drafting, reviewing or direct drafting of draft local legislation and government regulations.

The relevant sectors and territories of the Government of the city (markets, districts) should assume, in accordance with their respective responsibilities, specific work on the drafting of draft local legislation and draft government regulations, and actively cooperate with other relevant work of the Government's rule of law sector.

Article 5 Draft local legislation and the enactment of government regulations should be guided by legislative principles, based on the practice of the city, highlighting local features and upholding the rule of law.

Article 6. Specific matters to be included in local legislation norms should be in line with the relevant provisions of the Act on Local Legislation of Excellencies.

Specific matters that are included in government regulations should be in line with the following provisions:

(i) Implementation of legal, legislative and regulatory matters;

(ii) Specific administrative matters within the city's administration.

Article 7. The name of government regulations generally states as “the provision”, “the approach”, the application of the rules”, “the means of implementation”, etc. shall not be referred to as “regulations”.

Article 8. Drafting of local legislation and developing government regulations are guaranteed by the current level of finance.

Chapter II

Article 9. The Government of the city, in accordance with the needs of ecological civilization in this city and economic and social development, has developed annual legislative plans that can be based on the need for five-year legislative planning, in accordance with the integrated arrangements, the urgent need for pre-emptiveness, the focus, the balance between general and “removal, conversion, invalidity”.

The development of annual legislative plans and five-year legislative planning should be open to legislative assembly projects and legislative recommendations, with specific work being carried out by the municipal people's rule of law sector.

The Government's annual legislative plan is divided into the development of projects and research projects. Legislative conditions and maturity are included in the development of projects. Legislative conditions or time are not ripe for inclusion in research projects or five-year legislative planning, and their legislative conditions and time mature can be adjusted in due course for the year.

Article 10

Legislative projects relating to the regulation of the common administrative conduct of the Government can be directly raised by the communal Government's rule of law.

Article 11 People's Government departments or territories (markets, districts) are of the view that a draft local legislation or regulations are needed for the next year, and that a request should be made to the commune authorities of the city by 20 October.

Legislative projects submitted by the Government of the People of Regions (communes, districts) relate to matters related to the entire city or cross-border administrative regions, which should be accompanied by a consensus with the relevant administrative authorities at the municipal level to make applications in accordance with the preceding paragraph.

The Government of the People of Sector or Regions (markets, districts) requesting the next annual legislative project shall submit the following material to the municipal authorities' rule of law:

(i) An application;

(ii) A first draft of the draft local legislation or a draft government regulations;

(iii) A detailed description of the need for legislation, feasibility, key issues that need to be addressed, key elements of the proposed norms, research findings and requests for comments;

(iv) Legislative basis and relevant references.

Article 12 Civil, legal and other organizations may submit draft local legislation or legislative recommendations for the enactment of government regulations, either in writing or e-mail, to the authorities of the city. Legislative recommendations include the name of the legislative project and the need for it, the basis, and the main content.

Article 13 departments, citizens, legal persons and other organizations that make applications and legislative recommendations should be carefully consulted with the relevant provisions of national, provincial, municipal and similar laws, regulations and regulations, in-depth research and full evidence.

Article 14.

It is recommended that the draft local legislation project be included in the annual legislative plan, which should be aligned with the annual legislative plan of the Standing Committee of the General Assembly of the People's Representatives and the five-year legislative planning project, and that the views of the People's Representatives of the City be sought with the relevant specialized committees and the Committee on the Rule of Law.

Article 15. Annual legislative plan and five-year legislative planning of the Government of the city shall be carried out and monitored by the rule of law sector of the city's Government and shall not be restructured. Projects that need to be adjusted for special circumstances should be fully documented by the Government of the city's consent and sent to the Government of the People's Rule of Law.

In addition to the annual legislative plan and the five-year legislative planning project, it is true that there is an urgent need for and mature in practice and that the relevant material can be added to the annual legislative plan or five-year legislative planning, in accordance with article 11 or Article 12 of the present provision, to the rule of law sector of the city's people.

Drafting

Article 16 drafting of the draft local legislation and the draft government regulations, in principle, is assumed by the departments that have submitted applications or the main implementing departments or industry authorities of the legislative project. The drafting sector could also entrust the relevant organizations, experts with drafting.

Draft local legislation and government regulations covering more than two sectors or major, complex localities and government regulations are led by sectors identified in the annual legislative plan of the Government of the city, with the participation of other relevant departments, and are jointly responsible for drafting the work. Where necessary, it may also be drafted directly by the rule of law sector of the municipality.

Article 17 Draft local legislation and draft government regulations should be drafted in depth to study the study, take stock of practical experience, build on the successful practices of domestic and international equivalent legislation and meet the following requirements:

(i) No one shall be incompatible with the superior law and be in harmony with other legislation or regulations of equal effect;

(ii) The content already specified in the relevant laws, regulations, regulations and regulations does not in principle duplicate provisions;

(iii) Administrative penalties, administrative coercive measures in the draft local legislation, which are established by law;

(iv) Be in line with the reality of the city, reflecting the spirit of reform and promoting economic and social development;

(v) Reflecting the functions, responsibilities of the executive branch and the rights and obligations of citizens, legal persons and other organizations;

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

(vii) Environment and conditions in place;

(viii) Conditional, clarity, structure, integrity, language accuracy, clarity and operationality;

(ix) Other requirements under laws, regulations.

Article 18 Draft local legislation and draft government regulations should be fully validated and could be consulted widely as follows:

(i) To seek advice, in the form of a request for advice, the convening of an quest for views, among other things, at the level, at the present level and at the lower level, on the management of the relative;

(ii) To request the views of the various communities and the general public through press, web-based media;

(iii) In relation to the issue of greater professionality, experts, scholars are invited to make arguments;

(iv) There is a significant impact on the economic and social development of the city, directly related to the personal interests of citizens, legal persons or other organizations, the existence of significant differences in content, the holding of hearings or the hearings.

In seeking advice, the relevant departments should carefully study and make written observations, with the addition of the chapter of the Gatesinbon sector, as required.

The holding of hearings should be carried out in accordance with the relevant provisions of the provinces and municipalities.

In relation to major reforms or major administrative measures, the Government of the communes are required to make a presentation on the draft local legislation or draft government regulations, if approved.

The draft local legislation or the draft regulations of the Government prior to the presentation of the review, there were disagreements within or under the drafting sector, which should be coordinated; the drafting sector should invite the relevant departments to coordinate, and the relevant sectors should be actively aligned and represented.

After a coordinated failure to reach agreement, the drafting sector should send the draft local legislation or draft government regulations to the commune government, and should be accompanied by information on the various views.

The draft local legislation and the draft regulations of the Government should be reviewed by the rule of law institutions in the drafting sector, leading the collective meeting to discuss the adoption of the draft articles, which were signed by the main heads of State, to inform the Government of the rule of law sector of the city, and the joint drafting should be sent to the public authorities to review the rule of law sector, following the signing of the heads of departments.

When a draft local legislation and a draft government regulations are sent to the municipal authorities for review, the following materials should be submitted:

(i) Reports of the trial;

(ii) The text of the draft articles and their drafting notes;

(iii) The legal, regulatory, and policy texts on which the drafting is based;

(iv) The original written observations for the consultation in all its forms and the record of the relevant meetings;

(v) The holding of hearings and the submission of legislative hearings reports;

(vi) In relation to local legislation, government regulations, which require the repeal or modification, the text of local legislation, government regulations, to be repealed or to be amended;

(vii) Legislative research reports and relevant information on legislative projects in other cities;

(viii) Other submissions.

Submissions submitted under the preceding paragraph shall be sent to five times.

The submissions submitted by the drafting sector are not in accordance with the provisions of paragraph 1, paragraph 2, of this article and should be added to the relevant material within five working days.

A drafting note on the draft local legislation or draft regulations of the Government shall include the following key elements:

(i) The need, feasibility and the main issues to be addressed;

(ii) The basis and process of drafting;

(iii) Details of the main content and the essential provisions;

(iv) To consult and coordinate views;

(v) Other issues requiring clarification.

Article 23. The drafting sector should complete the drafting, argument and delivery of the draft local legislation and draft government regulations in accordance with the procedures established by the annual legislative plan of the Government of the city.

As special circumstances cannot be completed or will be required to complete the drafting and delivery process, the drafting sector should submit a written report to the Government of the city in a timely manner and, with the consent of the Government of the city, to the communes' rule of law sector.

Review of chapter IV

Article 24: The rule of law sector of the commune government shall complete the work of each such aspect as the review, argument, modification and reporting to the commune Government within three months from the date of receipt of the draft local legislation and the draft Government regulations that are sent to the drafting sector.

Article 25

(i) In accordance with articles 17 to 22 of this provision;

(ii) In conformity with legislative technical norms;

(iii) Other elements to be reviewed.

The draft local legislation and the draft regulations of the Government were delivered in one of the following cases, and the rule of law of the Government of the city could be suspended or returned to the drafting sector, with written reasons:

(i) Be not included or added to the annual legislative plan;

(ii) Seriously contradictory to top law and relevant national, provincial policies;

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

(iv) Inadequate strengthening of sectoral authority and highlighting sectoral interests and requiring significant changes;

(v) The main content of the norm is controversial and the drafting sector is not coordinated;

(vi) Significant changes in legislative conditions or inadequate legislative time;

(vii) The legal relationship involved was not clear;

(viii) The content is divided within the Department's internal responsibilities and competencies;

(ix) Not drafted, validated or sent under prescribed procedures;

(x) Incompatible with legislative technical regulatory requirements, substantial changes are required;

(xi) Other circumstances that affect the quality of legislation and the completion of legislative mandates.

In reviewing the draft local legislation and the draft regulations of the Government of the communes, the study should be carried out in depth in order to seek the views of the Government, the social communities, relevant experts, the management of the relatives and the city's citizens, in due form.

With regard to major issues, significant differences of opinion, the rule of law of the Government of the city should organize a colloquium, a demonstration or a hearing on the part of the concerned sector, experts.

Following the receipt of the draft local legislation and the draft Government regulations, such as the Government of the People of the Twenty-eighth Republic, the study should be carefully organized, and the comments made by the main heads of the local sector, following the signing of the Gain Group's chapter, should be requested.

The rule of law sector of the city's people should be objectively impartial and realistically carefully studied the views of all parties and to fully absorb reasonable opinions. There should be coordination among the relevant sectors, coordinated and unanimous agreement, which could be brought to the coordination of the relevant leadership organizations of the Government of the city or to the decisions of the commune.

Article 29 examines the draft local legislation and the draft regulations of the Government, the organization of the arguments, and the drafting sector will be refined to form the draft and its drafting notes.

The drafting note should include the content of article 22 of this provision, the review process for the draft articles, the coordination of the handling of major controversial issues and different views; and the holding of hearings should also provide clarification on the hearings.

The draft local legislation and the draft regulations of the Government and their drafting notes are signed by the main heads of the rule of law sector of the city's Government, making recommendations for consideration by the Government of the city. The Executive Office of the People's Government shall, in due course, be brought to the ordinary meetings of the Municipal Government or to the plenary.

Consideration and publication of chapter V

Article 31 In addition to the new circumstances, the same issue should be in line with feedback from the request for advice or the coordination of the views reached, without any further objection.

Article 32, which was considered by the Standing Committee of the People's Government or by the plenary of the draft local legislation and the Government's regulations adopted, was issued by the Ministry of the Rule of Law of the People's Government of the city following the changes requested by the Conference. The review was not adopted and was implemented in accordance with the decisions of the Conference.

After consideration of the draft local legislation adopted, the Executive Office of the People's Government shall, within 10 working days of the date of signature by the Mayor, bring to the General Assembly or its Standing Committee the bill on behalf of the urban people.

The draft Government regulations adopted by consideration should be issued and published by the Executive Office of the People's Government within 10 working days of the date of signature by the Mayor, in a timely manner in the Official Journal of the Honoury People's Government, and in the form of the full report of the Hygiene People's Rule of Law Department of the Municipal Government, covering the interests of citizens, legal persons or other organizations, and must be sent to the full text of the Hyllnight.

The text of government regulations published in the Journal of the Hygiene People's Government is the standard text.

The Orders of the People's Government should be maintained and set forth the establishment of organs, orders, regulations, dates adopted, time of operation, mayors and date of publication.

Article 33 Government regulations should be submitted to the Department of the Rule of Law of the People's Government by law within 30 days of the date of publication, the Permanent Committee of the Provincial People's Representatives to the General Assembly, the Government of the province and the Standing Committee of the People's Congress.

The draft local legislation and the draft regulations of the Government of the city, which were considered by the Standing Committee of the People's Government or by the plenary, have not been considered for a period of one year, need to be revisited and should be submitted for consideration in accordance with this provision.

Chapter VI Interpretation, modification and abolition

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

The Government's regulations are one of the following cases, which is the responsibility of the Government of the city to interpret:

(i) The need for further clarity on specific meaning;

(ii) A new situation following the enactment of regulations requires clear application of regulations.

Article 36 of the Government regulations explain the recommendation that the executive branch propose the need for interpretation, send the Minister of the Rule of Law of the People's Government to comment on the draft regulations of the Government, or make proposals for interpretation directly by the Government's rule of law sector, to be published in accordance with article 32, paragraph 3.

The interpretation of government regulations is equally effective with government regulations.

Article 37 Government regulations have been implemented for a period of five years and the executive branch should undertake a post-assessment of their implementation.

The Government's rule of law sector can organize post-assessments in relation to the major interests of the people, the implementation of government regulations governing the common administrative conduct of the economic and social development bureaux or several sectors.

After the Government's post-assessment exercise, the executive branch or the sector that organizes the assessment should make clear findings and write the Government's regulations to inform the Government of the people.

The implementation sector should be cleared every five years after the implementation of Article 338 Government regulations. Where necessary, the rule of law sector of the city's people can organize the clearance of the relevant sectors.

Article 39, drafted by the Government of the city by the Municipal People's Congress or by its Standing Committee, adopts and publishes local sexual legislation and regulations issued by the Government of the city, requires amendments or repeals, in accordance with this provision:

(i) Be incompatible with the law;

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

(iii) Be replaced by new laws, regulations or regulations;

(iv) Adjustment targets have disappeared or changed;

(v) Changes in the executive branch;

(vi) Post-assessments under the provisions, which are considered necessary to modify or repeal;

(vii) Other circumstances that need to be modified or repealed.

Chapter VII

Article 40

Article 40 The draft local legislation and administrative regulations of the Excellencies of Excellencies, published on 17 April 1987, were also repealed.

The Government of the commune drafted draft local legislation and other provisions that were inconsistent with the provisions.