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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

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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Decision of the Government of the Hiroshima to amend the Regulations of the People's Government of the Grand State

(Summit No. 98 of the 13th Annual Conference of the People's Government of the Grand State of 23 November 2009 to consider the adoption of Decree No. 26 of 1 February 2010 on the date of publication)

At the 1398th Standing Conference of the Municipal Government, the following amendments were made to the Regulations and Rules of the People's Government of the Wide State:

Amending “30 November” in Article 6 read “31 October”.

Article 8 adds one to subparagraph (v) and amends as “(v) there is a clear drafting workplan”.

Article 12, paragraph 1, amends the project on the inclusion of annual regulations in the formulation of workplans, and the departments responsible for drafting the drafting process shall, in accordance with the prescribed time frame, communicate the following documents and information and their electronic text to the municipal rule of law bodies for review: (i) reports to be submitted for review; (ii) the text of the draft articles; (iii) the text of the revised version of the regulations; (iv) a note of the drafting of the draft regulations; (v) the different views of the regulatory issuances, the coordination and the consultation process; and (vi) the accompanying records of the documents; and (vii) references to other relevant documents.

Amendments to Article 19 shall be communicated to the Executive Office of the city by means of signature by the principal holder, together with information on the basis of the draft regulations and the draft regulations.

The Executive Office of the Municipalities shall send the copies of the draft regulations to the Standing Committee of the Municipal Government or to the members of the plenary and other participants prior to the meeting of the Standing Committee of the Municipal Government or the plenary meeting.”

This decision is implemented since the date of publication.

The Modalities for the Government of the Hiroshima City have been replicated in accordance with this decision.

Annex: Modalities established by the Government of the People of the State (amended)

(Act No. 7 of 25 September 2002 of the People's Government Order No. 7 of 25 September 2002, pursuant to amendment No. 26 of the Decree No. 26 of 1 February 2010 of the People's Government of the Grand State)

Article 1 ensures the quality of regulations, in accordance with the Law on the Law of the People's Republic of China (hereinafter referred to as the Legislative Act) and the Regulations and Rules of the State of State (hereinafter referred to as the Regulations) and develops this approach in conjunction with the realities of the city.

Article II sets of regulations, drafting, review, decision, publication, filing and interpretation should implement the Regulations while applying this approach.

Article 3 should be developed in accordance with the principles established in the Legislative Act and the Regulations, adapt to the actual needs of the city and have local features.

Article IV establishes regulations that should not seek sectoral interests from the overall interests and the interests of the people.

Article 5 citizens, legal persons and other organizations of the city may make proposals for regulations to the municipal authorities.

Recommendations to establish regulations should include the name of the regulations, the main content and the purpose, and the basis for them.

The municipal rule of law institutions should organize studies or transmit relevant sectoral studies on the formulation of regulations. The relevant sectors should address the responses to the municipal rule of law institutions within 30 days of receipt of the recommendations transmitted by the municipal authorities, and the municipal rule of law institutions should address the respondents within 15 days of receipt of the relevant sectoral observations. For practical recommendations, the municipal rule of law institutions should be adopted when designing regulations.

Article 6. The Government of the city prepares a plan of work for annual regulations at the beginning of each year. The communes and districts of the city's government (hereinafter referred to as sectors) consider the need for regulations that should be developed, along with the information required under article 8 (iv) of this approach, to be presented to the municipal rule of law institutions by 31 October of the year prior to the preparation of the annual regulations.

Article 7 provides for the development of regulations and shall be subject to the approval of the rule of law institutions in the referral sector and the discussion at the office of the department, which shall be sent to the municipal rule of law institutions upon signature by their main holder.

Article 8

(i) The content of regulations does not go beyond the development of local government regulations and do not contradict the top law;

(ii) The content of the regulations should fall within existing laws, administrative regulations or local legislation in the province or in the city, the regulations of the people of the province are subject to only principled provisions or matters requiring regulation by the Government of the city in the specific administration of the present administrative region;

(iii) The content of the project has provided a reasonable and feasible programme for the main issues to be addressed and the main systems or measures to be identified;

(iv) A preliminary draft of the regulations has been proposed and is accompanied by a description of the need for regulations and the programme required under subparagraph (c) of this article and relevant information;

(v) There is a clear drafting workplan.

Article 9

The annual regulations should define the name of the regulations, the drafting sector and the time of completion.

The annual regulations set up work plans that could be divided into formal and preparatory projects based on actual circumstances.

Article 10 As a result of the economic development and social affairs management requirements in the city, additional regulatory projects will be required in the current year, and the provision of information required under article 8 (iv) of this approach should be sent to the municipal rule of law institutions. The municipal rule of law institutions may include the project in the current year's regulations, subject to the conditions set forth in the proposed additional regulations and report on the approval of the Deputy Mayor and Mayor.

Article 11. The regulations are drafted in principle by the author of the request.

In complexities, regulations dealing with multiple sectoral management matters, the Government of the city may determine whether it is specifically responsible for drafting by one or several sectors, or whether it may be drafted or drafted by the municipal authorities.

Drafting regulations may invite relevant experts, organizations to participate, or experts, organizations to draft them.

Article 12 included in the project on the development of a workplan for the annual regulations, and the departments responsible for drafting the work of the drafting process should transmit the following documents and information and their electronic text to the municipal rule of law bodies for review:

(i) Reports of the review;

(ii) Texts of the provisions of the draft articles of the rules of procedure;

(iii) Text of the accompanying text of the revised text;

(iv) Annotations to the draft regulations;

(v) Different views in the course of the issuance, coordination and consultation of the texts, and the hearings should be accompanied by a record of the hearings;

(vi) Be based on legal documents and reference policy documents;

(vii) Other relevant information.

The titles of the text referred to in subparagraphs (ii), (iii) of the previous paragraph shall indicate, respectively, the “watch” and the “notes to the delivery”.

The accompanying text of Article 13 shall be in compliance with the following requirements:

(i) The content of this provision after “Article x” of each article;

(ii) In the next party to each provision, the reasons for the provision or the legal or other normative documents that are based on it are indicated. The titles, symbols and specific elements of the legal or other normative documents that are based should be clear.

A note on the draft regulations should include the following:

(i) The need for regulations;

(ii) Developing the basis for regulations;

(iii) The main issues to be addressed in the draft regulations and the main systems or measures to be determined;

(iv) The main issue of the coordination of the argument and the controversy over the course of the consultation process and its comments thereon;

(v) Other issues that require clarification.

Article 15 Transmissions of the rules of the review shall be signed by the main heads of the drafting sector; the texts of the regulations co-drafted by several drafting departments should be signed by the main heads of the co-drafting services.

Article 16 provides that documents and information sent by the drafting sector are not in accordance with articles 12, 13 and 14 of the present approach, and the municipal rule of law institutions may request the drafting sector to supplement the relevant information within the specified time frame. The drafting sector was not supplemented by a request or was not in accordance with article 15 of this approach, and the municipal rule of law institutions could return the texts to the drafting sector.

Article 17

Article 18

The draft regulations should include the need for regulations, the main issues to be addressed and the main systems or measures to be identified, as well as the evidence-based coordination and the treatment of different views.

Article 19 of the municipal rule of law institutions brings the request for the consideration of the draft regulations by the Standing Committee of the Municipal Government or by the plenary, which shall be sent to the Executive Office of the Municipalities upon signature by the principal head, together with relevant information such as copies of the draft regulations and the basis for the draft regulations.

The Executive Office of the Municipalities shall send the copies of the draft regulations to the Standing Committee of the Municipal Government or to members of the plenary and other participants before the meeting of the Standing Committee of the Municipal Government or the plenary.

Article 20 of the municipal rule of law institutions should modify the draft regulations in accordance with the deliberations of the Standing Committee of the Municipal Government or the plenary, form a draft revised text of the draft regulations, which may be invited to sign the order.

Article 21, which is published by orders signed by the Mayor, is issued by the Executive Office of the Municipalities and is responsible for the timely publication of the designated newspapers issued within the Hiroshima and the present city's administrative region, which should be published on the public information web.

The second article, which was made up of 30 days from the date of publication, is the responsibility of the State Department, the Permanent Council of the People's Representatives of the Province, the Government of the province and the Standing Committee of the People's Congress.

Article 23 should be amended or repealed in accordance with social development needs.

In one of the following cases, the relevant administrative authorities or municipal rule of law institutions should make proposals for amendments and repeal of regulations in a timely manner:

(i) The top law on the basis of the regulations has been amended or repealed;

(ii) The main elements of the regulations have been replaced by the relevant superior law or other regulations;

(iii) The content of regulations is not adapted to the actual needs of society;

(iv) Legal, regulatory provisions should be amended, repealed and other circumstances that should be amended and repealed.

Amendments to the regulations and procedures for the repeal are implemented in accordance with this approach.

Article 24 regulates the right to interpret as the Government of the city.

The regulations explain the opinions of the municipal rule of law bodies in reference to the regulatory review process, which is invited to be published after the approval of the municipal authorities.

Article 25 Develop draft local legislation to be submitted by the Government of the city to the General Assembly or its Standing Committee, taking into account the relevant provisions of this approach.

Article 26 Developments, publication of policy measures by all sectors of the city, district, district and municipal government shall not be incompatible with the laws, regulations and regulations.

Policy measures may not create administrative penalties, administrative licences and administrative expenses; and administrative penalties, administrative licences and administrative expenses already provided for in laws, regulations and regulations shall not be altered.

Citizens, legal persons and other organizations believe that policy measures are incompatible with the laws, regulations, regulations and regulations, and can provide advice to the Government of the city and be dealt with by the municipal authorities.

Article 27 Policy measures should be reviewed by the rule of law institutions established.

Policy measures should be made public.

Policy measures developed by the commune, district-level and municipal government sectors should be reported from 30 days from the date of publication to the municipal rule of law institutions.

Article 28 Transformation and compilation of the Chinese version of the Regulations are the responsibility of the municipal rule of law institutions.

The twenty-ninth approach was implemented effective 1 November 2002. The Modalities for the Administration of the Hiroshima Municipalities, issued by the Government of the city on 18 November 1994 and the provisions of the draft regulations for the Government of the Hiroshima Municipalities, issued on 28 August 2001, were repealed.