Guangzhou Municipal People's Government On The Amendment Of The Decision Of The Regulatory Measures For The People's Government Of Guangzhou Municipality

Original Language Title: 广州市人民政府关于修改《广州市人民政府规章制定办法》的决定

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Guangzhou Municipal People's Government on the amendment of the decision of the regulatory measures for the people's Government of Guangzhou Municipality

    (November 23, 2009 Executive session of the people's Government of Guangzhou City, the 13th session of the 98th by people's Government of Guangzhou City, February 1, 2010 to 26th release come into force on the date of promulgation) 13th 98 meeting decision of the Municipal Government of the Guangzhou Municipal People's Government regulatory measures as follows:

    A, sixth in the "November 30" amended to read "October 31". Eighth, is added as paragraph (e), revised as "(e) has a clear draft work plan.

    ” Three, and 12th article first paragraph modified for "included annual regulations developed work plans of project, bear drafting work of sector should according to provides of time will following file and information and electronic text submitted municipal government legal institutions review: (a) submitted review of report; (ii) Regulations trial draft provisions text; (three) Regulations trial draft comments draft text; (four) Regulations trial draft description; (five) Regulations trial draft argument, and coordination and the sought views process in the exists of different views, held hearing of should attached hearing records (Vi) legal documents as a basis and reference policy documents; (g) other relevant information.

    ”

    Four, 19th revised as "legal bodies for the attention of the City Government Executive meeting or plenary meeting consideration of the draft regulations, shall be subject to charge after signing comment draft, together with the draft regulations, developed according to the draft regulations and other relevant information submitted to the City Government's Office. Municipal Office of the municipal executive meeting or plenary meetings of the meeting before soliciting comments on the draft regulations and instructions, and information distributed to the municipal executive meeting or plenary meetings of members and other persons participating in the meeting.

    ”

    This decision shall come into force as of the date of.

    The Guangzhou Municipal People's Government regulatory policy revised according to this decision promulgated anew.

    PS: people's Government of Guangzhou City regulatory approach (revised 2010)

    (September 25, 2002, people's Government of Guangzhou City 7th release, according to the people's Government of Guangzhou City, February 1, 2010, 26th Amendment)

    First for the specification of the municipal regulations (hereinafter Regulation) setting, and ensure the quality of regulation, in accordance with the People's Republic of China legislative act (hereinafter referred to as the Legislative Act) and the State Council of the rulemaking Procedure Ordinance (hereinafter referred to as the regulations), combined with the municipality, these measures are formulated.

    Project of the second rule, drafting, examining and deciding, publication, record, interpret, should the implementation of the Ordinance, these measures shall also apply.

    Article regulations should be in accordance with the legislation law and the principles set out in the regulations and adapt to the actual needs in this city, with local characteristics.

    Article fourth formulation of rules should be based on overall national interests and the interests of the people, shall not seek sectoral interests.

    The fifth article of the city citizens, legal persons and other organizations can contribute to the legal bodies for the regulatory proposal.

    Develop regulations recommendations should include the name, the main contents and the enactment of laws, based on. Legal institutions should establish regulations recommend research or forwarded to the relevant Department. Relevant departments shall, on receipt of the legal bodies referred to the recommendations in the 30th reply legal institutions, legal institution shall, on receipt of the views of the relevant departments will handle the reply suggested in the 15th.

    Practical advice, legal institutions should develop plans to adopt the regulations. Sixth municipal people's Government in the beginning of each annual regulatory plans.

    Respective departments of the municipal government, district and municipal people's Government at the county level (hereinafter referred to as departments) feel the need to establish regulations, should develop projects together with the application for the article eighth paragraph (iv) relevant information required, in preparing the annual regulatory plan on October 31 of the previous year before the legal institutions.

    Seventh report regulatory projects, should be submitted to the Department of legal audits and meetings for discussion and adoption by the sector, in their charge after the signing of legal institutions.

    Eighth submitted project rule projects should meet the following basic conditions:

    (A) the regulations project does not go beyond the rules of local governments to develop, do not contravene with the host computer;

    (B) the project should fall within the regulations of existing laws, administrative regulations, or the provincial or local regulation, provincial regulation only provides for the principle or the administrative regulations of specific administrative needs municipal matters;

    (C) the regulations project has been proposed to solve the main problem and the major systems to be determined reasonable and feasible schemes or measures;

    (D) the draft regulations project has been prepared and attached to the necessity of the regulations and subsection (c) description of the programmes and related information required;

    (E) clear drafting plan.

    Nineth legal institutions should be in accordance with the approach project basic conditions provided for in the eighth, and summarizes research on the applications for regulatory approval, preparing municipal annual regulatory work plan submitted to the municipal people's Government for approval before implementation.

    Annual regulations establishing work plans should be clear of names, the drafting Department, finish, etc.

    Annual regulations develop work plans based on the actual situation will project is divided into formal projects and preparatory projects. Tenth annual rulemaking can be adjusted according to the actual situation in the implementation of the work plan. Due to the city's economic development and social affairs management requirements, needs to increase regulation project of the year, proposes to increase the project's Department should be a written report and this article eighth paragraph (d) requires relevant information sent legal institutions.

    Legal organizations to audit the increase the regulations in accordance with project conditions, and reported to the relevant responsibilities and the approval of the Mayor, Deputy Mayor, can be included in the regulations for that year plans for the development of the project.

    11th rule in principle drafted by the approval of the project Department.

    Complex regulations in matters involving multiple departments, municipal governments can be determined by one or several departments in charge of drafting, which can determine the legal bodies, or by the drafting.

    May invite relevant experts and organizations to participate in drafting regulations, may also appoint experts, organize the drafting.

    12th items for the annual regulatory plan, undertake drafting departments shall, in accordance with the provisions of the working time, the following documents and information, including electronic copies submitted to the legal bodies to review:

    (A) submit reports on their review;

    (B) Regulations draft provisions text;

    (C) the regulation draft for comment draft text;

    (D) Regulations draft instructions;

    (E) Regulations draft arguments, coordination and consultation in the process there are different opinions, hearings shall be attached to the hearing record;

    (Vi) legal documents as a basis and reference policy documents;

    (G) other relevant information.

    The preceding paragraph (b), (c) refer to the heading text should be marked "draft" and "draft for comment draft".

    13th draft for comment draft regulations shall comply with the following requirements:

    (A) in each of the "x" indicated after the contents of the provisions; (B) indicated at the bottom of each section of content which prepared grounds or on the basis of laws or other normative acts.

    Are based on the law or other normative document title, document number and contents should be specified.

    The 14th article of the draft regulations description should include the following:

    (A) the regulatory necessity;

    (B) the regulatory basis;

    (C) the regulation draft aims to solve problems and main systems or measures to be determined;

    (D) demonstrates the problems of coordination and consultation in the process of dispute and opinion;

    (E) to note other problems.

    Submit review 15th draft of the regulations shall be signed by the head of drafting Department's main several drafting departments draft regulations draft shall be signed by head of the drafting Department's main. 16th drafting departments to submit documents and information not present measures stipulated in the 12th, 13 and 14, legal authorities may demand the drafting Department, additional related information within a specified time frame.

    Drafting departments without the required complement of drafting or does not comply with the provisions of article 15th, legal agencies may return the regulation draft drafting departments.

    17th legal institutions to submit the draft of the regulations should be in accordance with the regulations organizations demonstrated, coordination, and modified.

    18th legal institutions should be objective and fair treatment of all kinds of different views, integrated views from all sides after the modifications to the draft regulations, draft regulations on formation and their descriptions.

    Description of the draft regulations should include a regulatory necessity, the main problems to be resolved and to be determined by the main system or measure and demonstrate coordination and handling of the different views, and so on.

    19th legal bodies for the attention of the City Government Executive meeting or plenary meeting consideration of the draft regulations, shall be subject to charge after signing comment draft, together with the draft regulations, developed according to the draft regulations and other relevant information submitted to the City Government's Office.

    Municipal Office of the municipal executive meeting or plenary meetings of the meeting before soliciting comments on the draft regulations and instructions, and information distributed to the municipal executive meeting or plenary meetings of members and other persons participating in the meeting.

    20th legal institution shall, according to the Municipal Government Executive meeting or deliberation by the plenary of changes to the draft regulations, form a revised version of the draft regulations, after the approval of the Mayor signed an order to be published.

    21st the Mayor signed an order published regulations, issued by the City Government Office responsible for, and is responsible for the Guangzhou political newspaper and specified issued within the administrative area of the city newspaper published in a timely manner, while at City Hall public information online to be released.

    22nd regulation published in the 30th, by legal agencies submitted to the State Council, the Standing Committee of the provincial people's Congress, provincial people's Government, the Standing Committee of the municipal people's Congress for the record.

    23rd rule based on social development should be duly amended or annulled.

    Any of the following circumstances, the relevant competent administrative departments or legal bodies should be modified in a timely manner, recommendations of the repealed regulations:

    (A) the regulations according to the upper law already amended or annulled;

    (B) the main content of the regulation has been replaced by relevant higher-level laws or other regulations;

    (C) the regulation of norms have not adapted to the actual needs of the community;

    (D) the provisions of laws and regulations should be revised, repealed and other circumstances that should be amended, repealed.

    Regulations the amendment, repeal procedures in accordance with these rules.

    24th rule right of interpretation belongs to the municipal people's Government.

    Regulations explained by legal institutions references draft review process comments, approval of the Municipal Government announced.

    25th article municipal people's Government drew attention to the municipal people's Congress or its Standing Committee consideration of draft local regulations with reference to relevant provisions of the measures.

    Article 26th city, district and County Municipal People's Government and municipal government departments to develop and publish policies and measures shall not conflict with the laws, rules and regulations.

    Policy measures do not create administrative sanctions, administrative licensing and administrative fees; the laws, rules and regulations of administrative punishments, administrative licensing and administrative fees shall not change the applicability and scope.

    Citizens, legal persons and other organizations believe that policy measures in the law, regulations, regulatory conflicts, can make recommendations to the municipal people's Government, dealt with by the legal research.

    27th set out the policy initiatives should be reviewed by the legal legitimacy of the enacting body.

    Develop policy measures shall be made public.

    District and municipal people's Government at the county level, and municipal government departments to develop policy measures, should be reported to the municipality since the release date 30th legal filings.

    28th rules translations of compiling, compilation by the legal bodies responsible for foreign-language versions of the. 29th these measures shall come into force on November 1, 2002. On November 18, 1994, issued by the Guangzhou City people's Government administrative regulatory measures and on August 28, 2001 issued by the Municipal Office of the Guangzhou Municipal People's Government of the procedural provisions relating to the draft regulations be repealed simultaneously.