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Assessment After The Guangdong Provincial Regulatory Legislation Provisions

Original Language Title: 广东省政府规章立法后评估规定

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Post-Conference of the Government of the Province of Chiang Mai

(The 20th ordinary meeting of the People's Government of Chiang Province, held on 28 November 2008, considered the adoption of the Decree No. 127 of 22 December 2008 of the People's Government Order No. 127 of 22 December 2008, which came into force on 1 March 2009)

Chapter I General

Article 1 provides for the assessment of the effectiveness of government regulations in the province, the regulation of post-government legislation, the improvement of the quality of system-building, the development of this provision in line with the relevant laws, regulations and the Department of State's Comprehensive Framework for the Promotion of the Implementation of the Law.

Article 2 states that the post-legislative assessment of government regulations (hereinafter referred to as post-legislative assessments) means a tracking and analysis evaluation of the legislative quality of government regulations, performance, problems and their impact, in accordance with certain criteria and procedures, following the implementation of government regulations.

The provisions refer to the Government's regulations, including the regulations established by the Government of the Provincial People and regulations established by the Government of the People's Government, in the city of Chianghen, the city of Chung, the jewell City, the municipality of the first place (hereinafter referred to as the largest city).

The executive organs of the Government's regulations should strengthen the leadership and oversight of post-legislative evaluation and provide the necessary personnel, funds and other guarantees.

Article IV is an assessment body of the Government's rule of law, the rule of law of the Government of the Greater Municipalities and the administrative authorities of the Government of the People's Government, and the executive authorities of the larger city.

The provincial Government's rule of law institutions, the law institutions of the larger communes, are responsible for the organization, guidance and coordination of post-legislative assessments, as well as legislative post-assessments of government regulations that directly involve the interests of citizens, legal persons or other organizations.

The executive authorities of the Government of the province, the executive authorities of the larger municipalities, undertake a legislative post-assessment of the government regulations they are responsible for organizing.

Other administrative bodies and related units should be aligned with the legislative post-implementation assessment.

Article 6. The assessment body may entrust, if necessary, parts of the post-legislative assessment or all matters to higher institutions, scientific institutions, social groups (hereinafter referred to as commissioned assessment units).

Article 7. Post-legislative assessments should be guided by the principles of legality, justice, openness and public participation and the establishment of scientific, normative assessment standards.

Chapter II Work and requirements

Article 8

Article 9. The assessment body shall guide and oversee the post-legislative assessment of the mandated assessment units. The mandated assessment units, within their delegated authority, carry out an assessment in the name of the assessment body, shall not transfer the assessment to other units or individuals.

The authorized units shall have the following conditions:

(i) Persons familiar with administrative legislation, administrative services and the technical knowledge of assessment methods;

(ii) The time for the participation of the relevant personnel in the assessment is guaranteed;

(iii) There is the necessary equipment, facilities for conducting evaluation.

Article 10 Post-legislative assessments should be thoroughly investigated in order to understand the implementation of government regulations, to listen to the views of citizens, legal persons and other organizations, to use scientific methodologies and technical means to collect, analyse and assess relevant information and to make an objective and comprehensive assessment.

The assessment authority, the delegated assessment unit shall not prejudge the assessment findings and shall not receive information on the merits of the assessment authority and staff.

The programmes, procedures and reports of post-legislative assessments should be made public to society, in addition to those involving State secrets, commercial secrets or personal privacy.

The assessment authority should establish a special column for post-government regulations at its portal containing information such as the full assessment of the regulations and the assessment of the situation, as well as a public feedback column to facilitate public opinion.

The units participating in the assessment exercise and their staff members shall be kept confidential to the secret, commercial secret and personal privacy of the State involved in the assessment process.

Article 13 Post-legislative assessment should guarantee the right of citizens, legal persons and other organizations to participate in legislative post-assessment.

Citizens, legal persons and other organizations may make observations and recommendations to the assessment bodies, including letters, telegraphs, faxs and e-mails, online inputs.

Article 14. The relevant executive organs should collect information on government legislation and administrative law enforcement through a variety of ways and means, conduct regular classifications, develop a sound assessment information-gathering system, and build information on post-community assessments.

Chapter III Scope and criteria

An assessment of the post-government regulations should be developed. The assessment plan was submitted by the Government's rule of law bodies with the relevant departments and was followed by the approval of the Government of the same people.

Article 16 Post-legislative assessments are based mainly on the public interest of the people directly concerned and on government regulations that have a greater impact on economic and social development.

The Government's regulations have been implemented for a period of three years, with one of the following cases, and a post-legislative assessment should be carried out:

(i) The proposed increase in local legislation;

(ii) Citizens, legal persons or other organizations make more observations on government regulations;

(iii) The same level of government rule of law institutions consider it necessary to undertake post-legislative assessments.

In accordance with the Government's regulations that require changes or changes in emergency situations, a post-legislative assessment could be carried out.

Article 17 Post-legislative assessments may conduct a holistic assessment of all of their contents in accordance with the specific circumstances of government regulations or undertake a partial assessment of their main elements.

The assessment bodies should focus on the assessment of matters such as the responsibilities of the relevant bodies of government regulations, administrative licences, administrative sanctions, administrative sanctions, administrative charges, administrative requisitions, administrative assistance, administrative award, administrative compensation, administrative compensation, administrative compensation.

Article 18 Post-legislative assessments are based mainly on the following criteria:

(i) The criterion of legality that the provisions are consistent with the provisions of the law, legislation and the relevant national policies.

(ii) A reasonable criterion, whether the principle of fairness and justice is reflected; whether regulatory measures are necessary, appropriate and whether they are used to achieve legislative purposes in a way that minimizes administrative relative rights and interests; whether legal responsibility is comparable to the facts, nature, circumstances and social hazards of violations.

(iii) Coherence criteria, i.e. whether the Government regulations are in conflict with the same-ranking legislation, whether the prescribed system is intertwined and whether the system required is in place.

(iv) An operational criterion, i.e. whether the prescribed system addresses the problems of administration; whether the measures provided are efficient and accessible; and whether the procedure provided is justified and simple and easily operational.

(v) Normative criteria, namely, whether the legislative technology is regulated, whether the logical structure is tight, whether it is accurate and whether it affects the proper and effective implementation of government regulations.

(vi) Effectiveness criteria, whether government regulations are universally respected and enforced, and whether expected legislative purposes are achieved.

The implementation performance assessment of Government regulation 19 includes, inter alia, the following:

(i) The basic circumstances of implementation;

(ii) Social benefits or economic efficiency analyses implemented;

(iii) The law enforcement system, mechanisms to adapt to economic and social development.

Chapter IV Methodology and procedures

Article 20 Post-legislative assessments can be carried out using a variety of methods such as literature studies, sample surveys, web surveys, questionnaire surveys, field studies, colloquiums or exhibitions, expert advice, case review, relevant legislative comparative analysis.

Article 21 Post-legislative assessments include the stage of the assessment process, the assessment of the implementation phase and the conclusion of the assessment.

The preparatory phase for the post-legislative assessment is mainly the following:

(i) Establish assessment teams. The assessment team consists of the relevant personnel of the assessment body, which may be invited to participate by a large number of representatives, parliamentarians, relevant legal experts, industry management experts.

(ii) Develop assessment programmes. The assessment programme includes, inter alia, assessment purposes, assessment targets and content, assessment criteria and methods, assessment steps and timing, funding budgets, organizational guarantees.

(iii) Develop an outline for investigations, design questionnaires.

(iv) Other assessment preparations.

The post-legislative assessment exercise by the mandated assessment units should be reviewed by the delegated authority.

The implementation phase of the post-legislative assessment is mainly the following:

(i) To collect information before and after the implementation of government regulations in all its forms, and to compile basic information;

(ii) An analysis of information collected and a preliminary conclusions.

Article 24

(i) The Panel's findings on preliminary conclusions;

(ii) Drafting assessment reports;

(iii) Organizing expert perceptions of the assessment report;

(iv) Formulate the assessment report.

Article 25 Post-legislative assessment reports should include the following:

(i) The basic circumstances of the assessment process;

(ii) Assessment content analysis, such as performance, system design;

(iii) Assessment findings and recommendations;

(iv) Other issues requiring clarification.

Article 26 assesses the actual needs of the assessment by the assessment body under the legislation and may take a summary procedure.

Article 27 adopts a simple process whereby the assessment report can be assessed, including through the convening of a colloquium, an online survey or a search for advice, literature retrieval, the organization of expert analysis data or the convening of a validation conference.

Article 28 Post-assessment reports of the provincial Government's rule of law institutions, the law-making body of the larger communes, should be submitted for approval by organs.

The post-legislative assessment report of the provincial government administration, the executive authorities of the larger city and the mandated assessment units was reviewed by the same authorities as the Government's rule of law.

The institutions should make the assessment reports available to society in due form.

Article 29 Post-legislative assessment should be completed within six months, and a simple process should be completed within three months.

Outcomes and applications

Article 31 Post-legislative assessment reports should serve as an important basis for modifying or repealing government regulations, improving systems and improving administrative law enforcement.

Article 31 Post-legislative assessment reports suggest changes in government regulations, and the relevant executive bodies should organize changes to government regulations in accordance with legislative procedures.

The executive body concerned should, in principle, adopt the recommendations of the assessment report in accordance with the legislative post-assessment report, explain the reasons for the drafting note.

Article 32 Post-assessment reports of the provincial Government's rule of law institutions, the law-making body of the larger communes, recommend the repeal of the Government's regulations, the rule of law institutions of the Government of the province and the rule of law institutions of the larger communes should be brought to the establishment of organs to repeal government regulations in accordance with the statutory procedures.

The post-assessment report of the Provincial Government's executive authorities, the executive authorities of the Greater Municipalities, recommends the repeal of the Government's regulations and that the executive authorities of the Government of the province, and the executive authorities of the larger municipalities, should be brought to the establishment of organs to repeal government regulations in accordance with the statutory procedures.

Article 33 Post-legislative assessment reports suggest that the accompanying system should be improved and that the relevant administrative organs should be processed in a timely manner within the statutory authority.

Article 34 Post-legislative assessment reports suggest improvements in administrative law enforcement recommendations, which should be implemented in a timely manner by the relevant administrative organs.

Chapter VI Legal responsibility

In violation of article 8 of the present article, the executive organs concerned with the implementation of regulations of the Government are not subject to the request for material and data relating to the implementation of the regulations of the Government and are subject to an executive order in accordance with the Regulations on Civil Service of the Administration and other relevant laws, regulations and regulations.

In violation of article 12 of the present article, units participating in the assessment exercise and their staff members, levy the secret, commercial secret or personal privacy of the State, disposing or punishing them in accordance with the relevant confidentiality laws, regulations and regulations, and the loss shall be compensated by law.

Article 337, in violation of article 31 and article 33, does not organize changes to government regulations or repeals in accordance with the legislative process, and is rectified by an order of responsibility of the same-level people's Government.

Article 33 of the present article, article 33, article 33, provides that there is no timely improvement of the accompanying system within the statutory authority or timely measures to improve administrative law enforcement, which is rectified by the responsibilities of the same people's rule of law institutions.

Chapter VII

The post-assessment exercise of the normative documents of the executive organs of the province is governed by this provision.

Article 40