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Heilongjiang Provincial People's Government Legislative Work Procedures

Original Language Title: 黑龙江省人民政府立法工作程序规定

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(Adopted by the 8th ordinary meeting of the Government of the Blackonang Province on 3 July 2008, No. 3 of the People's Government Order No. 3 of 20 July 2008 (Act of 1 September 2008)

Chapter I General
Article 1 promotes the quality and efficiency of the legislative work of the Government, in accordance with the provisions of the Law of the People's Republic of China, the Regulations of the Department of State and the Congress of the People's Representatives of the Blackon Province and its Standing Committee Legislative Regulations, in line with the provisions of the Law on Legislation.
Article 2
Article 3 refers to the draft normative paper prepared by the provincial Government within the statutory competence and brought to the Congress of the Provincial People's Representatives or its Standing Committee.
The regulations referred to in this provision refer to the formulation by the provincial Government of legislative procedures in accordance with the legislative process, which is published by the Provincial Government Order and is generally binding normative documents.
Draft regulations and regulations should be formulated in accordance with the following principles:
(i) Maintain the unity and dignity of the socialist rule in conformity with constitutional, legal and administrative provisions;
(ii) uphold the principles of democracy, openness and guarantee the participation of citizens, legal persons and other organizations in legislative activities through multiple means;
(iii) The right and obligations of citizens, legal persons and other organizations, and the powers and responsibilities of State organs, in a scientific and reasonable manner;
(iv) To adapt to the objective needs of economic and social development in the province, highlighting local features and operationalities;
(v) Maintaining the interests of the whole and highlighting local and sectoral interests.
The main working procedures for the preparation of draft legislation by the provincial government include drafting, review, decision and consideration of draft legislation projects.
The main working procedures established by the provincial Government include regulations, drafting, review, decision, publication, documentation, interpretation and interpretation.
Article 6. The Provincial Government Rule of Law Institutions are responsible for the development of draft legislation and regulations.
The provincial government and the municipal (local) people's Government (the executive branch), the communes (communes) should cooperate with the provincial Government's rule of law institutions and work on government legislation.
Article 7. The provincial government rule of law bodies should publish information on the provincial Government's information website on the rule of law, information on the feedback of legislative advice.
Citizens, legal persons and other organizations may make submissions, drafting, reviewing, implementing, in the form of correspondence, facsimile, e-mail, to the extent that the rule of law institutions and the relevant drafting units of the provincial government decide on the adoption and the prompt feedback.
Article 8 Governments should establish and improve relevant legislative systems, such as research, legislative hearings, expert advice and legislative post-assessments.
Chapter II Legislative planning and planning
Article 9. The provincial government may prepare five-year legislative planning based on the actual needs of economic and social development in the province and should develop annual legislative workplans.
The development of five-year legislative planning and the development of annual legislative workplans should be guided by the principles of focus and coherence, as well as the principles of convergence, change, invalidity and description.
Article 10
(i) The State has relevant laws or administrative regulations and is more operational and, in principle, no longer in place;
(ii) Notwithstanding the relevant laws or administrative regulations, States may establish comparative principles or authorize local provisions;
(iii) The relevant national legislation or administrative legislation has been put in place or revised, and the suspension is being established;
(iv) The State does not make provision, but the economic and social development needs of the province are urgent and localized as a priority;
(v) No separate subparagraphs would be available for specific work;
(vi) Matters requiring regulation may be resolved by means other than legislation and no subparagraph shall be made.
The regulations of the relevant national departments or the relevant legislation in the province should be implemented in accordance with the provisions of paragraphs 1, 2 and 2, above. National regulations have been established and should be implemented in accordance with the provisions of paragraph 3 above when they are established.
Article 11: The following organizations or individuals may make proposals for legislative projects to the provincial authorities of the rule of law, and the provincial government rule of law institutions should make timely submissions:
(i) Submitted by provincial government departments or by the Government of the People's Republic (local);
(ii) Directly by the provincial Government;
(iii) Submitted by representatives of all levels of the People's Congress or by members of the Parliament;
(iv) Submitted by citizens, legal persons or other organizations.
The provincial government portal and the provincial government Rule of Law Information website should open a dedicated column to incorporate provincial government legislative project recommendations.
Article 12. The legislative project proposals made by the provincial Government or the Government of the People's Republic (local) should be sent to the provincial Government's rule of law institutions by 31 October each year, following a collective discussion of the thematic meetings organized by the main holder.
The following key elements should be included in the legislative project proposal made by the provincial government or the municipality (local) of the people's government:
(i) Project name;
(ii) The basis and the need for project formulation;
(iii) Key elements of normative norms and the main measures to be taken;
(iv) Drafting units, personnel and safeguards;
(v) Relevant national and international legislative references.
Article 13 of the provincial Government's rule of law institutions should, in accordance with the economic, social development needs of the province and the basic tasks established by the provincial government, conduct the draft annual legislative work plan with the provincial government, in the light of the legislative planning and annual legislative workplans of the Department of State.
The draft annual legislative workplan covers legislative projects and the provincial government rule of law institutions should communicate, consult with relevant specialized committees and the relevant working bodies of the Congress.
The items included in the annual legislative workplan include two parts of the draft legislation and regulations, which are divided into formal and preparatory projects.
After a preliminary argument, the project on mature was included as a formal project; further research was needed, basic mature projects were included as preparatory projects.
Article 15. The annual legislative workplan shall not be adjusted without any intentional adjustment; it is necessary to adjust or supplement the legislative project, with the advice of the provincial Government's rule of law bodies and to report to the provincial Government for its finalization. With respect to the restructuring or addition of the legislation project, provincial government rule of law institutions should communicate, consult with the relevant specialized committees and the relevant working bodies of the provincial people's congress.
Drafting
Article 16 Drafts of legislation or regulations may be drafted by provincial government departments or by the Government of the People (Designment) in the city, by the drafting or organization of the provincial government rule of law bodies and by entrusting the relevant organizations or experts to prepare them.
Draft legislation or regulations were drafted by the sector, and provincial government rule of law institutions could be involved in advance and guided.
Drafting of draft legislation or regulations should establish drafting groups. The drafting group may invite relevant organizations and experts to participate.
Drafting units should guarantee the drafting of working conditions, with the principal heads and heads of the rule of law and the relevant operational responsibilities being strengthened.
Draft legislation or regulations should be drafted in depth to study the experience of practice and to seek the views of relevant organs, organizations and citizens, drawing on national and international legislative experience.
Draft legislation or regulations drafted directly relate to the interests of citizens, legal persons, other organizations or bodies, organizations, citizens with significant differences in their views, should be made available to society and seek the views of the various communities of society; and the drafting units may also hold hearings to listen.
Draft legislation or regulations drafted relate to the functions of the relevant departments of the provincial government, which should be consulted by the drafting cell. The relevant sectors should carefully study and make written observations, with the addition of the chapter of the Gégué sector, and receive feedback on the prescribed time frame. The drafting cell should be adopted with respect to reasonable opinions.
Draft legislation or regulations should be made available to pre-trial consultations. There were disagreements within or between the drafting units, which should be coordinated by the drafting units; there were disagreements among other departments, the drafting cell could invite the relevant departments to coordinate and the relevant sector heads should participate.
After the coordination of the relevant departments remains unanimous, the Drafting Unit should send to the Provincial Government the draft regulations or the texts of the regulations, and should be accompanied by different opinions and related grounds and materials.
Draft legislation or draft regulations should be sent by the main lead sponsor of the drafting cell to organize a collective discussion of the adoption of the thematic meetings; draft legislation or regulations to be drafted jointly should be signed by the principal heads of the joint drafting cell.
Article 22, as a draft legislation or regulations for the formal project of the annual legislative workplan, the drafting cell shall complete the drafting process in accordance with the time frame established by the provincial government rule of law institutions.
Review of chapter IV
Drafting units should send draft texts or regulations and their statements in the form of official documents to the provincial government, to the provincial authorities for review and to submit the following materials:
(i) Drafting of draft legislation or regulations based on laws, regulations and relevant State policy provisions;
(ii) Relevant sectoral regulations, relevant regulations and regulations in outside provinces and other relevant references;
(iii) Comments and coordination.
Drafting notes of draft legislation or regulations to be sent should include the necessaryness and feasibility, the principal systems and measures required, the treatment of views expressed by the drafting cell.
A preliminary review of the following elements should be undertaken within 20 days following the receipt by the provincial authorities of draft legislation or a draft of regulations, focusing on:
(i) In conformity with constitutional, legal and administrative provisions, whether it is in line with the relevant local legislation and regulations of the province;
(ii) Does not contradict the rules of the World Trade Organization and our commitments;
(iii) Whether the economic and social development of the province is favourable;
(iv) Whether it has been consulted widely and, in consultation with the larger divergent views;
(v) Whether science, effectiveness and feasible;
(vi) In relation to sectoral competence, whether it is consistent with its functions;
(vii) In compliance with legislative technical requirements.
Article 25 Draft legislation or draft regulations are one of the following cases, and the provincial government rule of law institutions should be suspended:
(i) No relative opinion was sought from the relevant departments or administration;
(ii) There is a greater controversy between the relevant departments regarding the main content and the drafting units are not fully consulted;
(iii) The adoption of a collective discussion of thematic meetings without the organization of the main heads of drafting units;
(iv) Draft legislation or regulations drafted jointly, which are not signed by the main heads of the Joint Drafting Unit;
(v) Significant changes in legislative conditions;
(vi) Other circumstances that prevent legislative work.
With regard to the interim review of the draft legislation, the provincial authorities of the rule of law should communicate, consult with the relevant specialized committees and the relevant working bodies of the provincial people's congress.
The provincial Government's rule of law bodies have decided to suspend the review of the draft legislation, the drafting unit should be informed in writing on the grounds and recommendations for its work.
Article 26 In reviewing the draft legislation, the Provincial Government Rule of Law Institutions may invite the people of the province to participate in the relevant specialized committees and relevant working bodies of the Standing Committee.
Article 27 of the provincial Government's rule of law institutions should organize amendments to the draft legislation or regulations that are generally in compliance with the requirements after the first instance, and, after the preparation of the request, send the relevant provincial government, the municipality (local) the Government of the people (the executive branch), the People's Government of the District (market), experts and the stakeholders to seek advice; public advice can be sought through networking, newspapers, etc.
Units and individuals who have received draft legislation or regulations for the solicitation of views should be carefully studied, regardless of whether there is no opinion, and should receive written feedback in accordance with the prescribed time frame. The Government's feedback from the relevant departments, the city (local) Government, the communes (communes), the people's government should be added to the unitary chapter or to the provincial government rule of law institutions after the signature of the main head.
The relevant departments and Governments that have received draft legislation or regulations for consultation have not received a prior feedback, which has been considered to have no different views, as confirmed by the Provincial Government Rule of Law Institutions.
The draft legislation or regulations for consultation relate to major and problematic issues, and the provincial authorities of the rule of law may convene colloquiums, seminars to be heard and research arguments. The drafting cell should be briefed, heard and answered.
Article 29 of the draft legislation of a professional, technical and technical nature or a draft of a request for advice, may be invited by the provincial government rule of law bodies to invite relevant experts from advisory research institutions such as the Committee on Science and Technology, the Provincial Government Advisory Committee on the Rule of Law. The provincial government rule of law institutions should be adopted with scientific and practical advice.
Article 33 of the provincial government rule of law institutions should consult with the drafting units or persons concerned on the main issues covered in the draft legislation or the draft regulations, in-depth research on internal and external investigations and widely hear the views of relevant organs, organizations and citizens.
In provincial studies, provincial government rule of law institutions should send draft legislation or regulations to the relevant municipal (local) people's Government (the executive branch), the district (market) government rule of law institutions in advance. In relation to the Government of the People (Department), the People's Rule of Law Institutions should convene, preside over a colloquium or seminar and send draft legislation or regulations to the participants three days in advance.
The draft article 31 review of legislation or regulations should be based on national and international legislative experience and practices:
(i) The development, implementation of relevant legislation and regulations;
(ii) Legislative projects involve focus, difficulty and solutions;
(iii) Experience and lessons learned in legislation;
(iv) Post-legislative evaluation.
Draft legislation or regulations for consultation are one of the following cases:
(i) Significant impact on the economic and social development of the province;
(ii) directly involve the interests of citizens, legal persons and other organizations;
(iii) The establishment of administrative licences;
(iv) There are significant differences in the content;
(v) Other situations requiring extensive hearings.
Article 33 Representatives of the hearings should be broadly representative. The provincial authorities of the rule of law should give full consideration to the observations and recommendations of the representative.
The rules of legislative hearings are set out separately by the Provincial Government Rule of Law Institutions and are made public to society.
Article 34 of the Government's rule of law institutions should organize legislative coordination meetings to coordinate issues covered by the draft legislation or the draft regulations, and seek consensus.
The relevant departments of the provincial government should be elected to participate in the Legislative Coordination Conference and to sign views on the coordination of the meetings. After a coordinated agreement, the relevant departments may not, in the course of the provincial government meetings, the plenary discussions or the deliberations of the Provincial People's Congress and its Standing Committee; there is no agreement that the relevant departments should provide the grounds and the basis for the presentation of the provincial government rule of law institutions in writing.
Article XV, in coordination with the provincial authorities' rule of law institutions, does not agree on the main issues covered by the draft legislation or the draft regulations, and is coordinated by the provincial government rule of law bodies by the relevant Under-Secretary-General, the Secretary-General or the Consular Assistant.
Uncoordinatedly, the provincial authorities of the rule of law are brought to the attention of the relevant Vice-Ministers. With regard to the complexity and complexity of the two Vice-Ministers, the delegation of the rule of law of the provincial government was brought to the provincial governor or the Deputy Governor to conduct research, coordination.
After coordination, the provincial government rule of law institutions should report on the main issues, differences in the relevant sectors, coordination and the treatment of the provincial government rule of law institutions, and refer to provincial government meetings or plenary studies.
Article XVI of the provincial government rule of law institutions should convene specialized meetings to engage in collective discussions on draft legislation or regulations to be discussed at the Standing Committee of the Provincial Government or in plenary meetings, and to form draft legislation or regulations in accordance with the discussions. The note should include the following:
(i) Based and necessary;
(ii) The drafting and review process;
(iii) Main systems and measures established;
(iv) Main issues addressed;
(v) Coordination on major controversial issues;
(vi) Other issues to be noted.
In the collective discussions of the provincial government rule of law institutions, the drafting body could be invited to attend.
Draft legislation or draft regulations should be submitted to the provincial government meetings or to the plenary meeting prior to discussion.
Article 338 The Provincial Government Rule of Law Institutions shall convene 40 times before the Provincial People's Congress and its Standing Committee meetings to discuss the draft legislation and its note to the provincial Government's standing meetings or plenary meetings, while presenting the draft texts of the texts of the texts and their statements, and the provincial government rule of law bodies shall prepare the relevant preparatory work for the discussion of the regulations until 20th meetings of the provincial government or plenary meetings.
Chapter V Discussion, decision and publication
Article 39, after having received requests from the Provincial Government Rule of Law Institutions to refer to provincial government meetings or to plenary meetings to discuss draft regulations, regulations, the provincial government office shall arrange for the discussion in a timely manner and prepare draft legislation, draft regulations, or draft regulations, for study by members of the provincial government meetings or plenary meetings in advance.
When provincial government meetings or in plenary discussions on draft regulations, regulations, the provincial government rule of law bodies or drafting units should make a statement to the Conference that the participants should make their views fully.
Article 40. Draft legislation and regulations adopted by the provincial Government's Standing Conference or by plenary discussions, are submitted to the governor for approval by the Provincial Government Rule of Law Institutions in conjunction with the Drafting Unit, following changes in the deliberations of the Conference.
The draft article 40 was adopted by a provincial government standing conference or by a plenary meeting, which was signed by the governor or authorized by the Provincial Governor to issue by the Secretary-General of the Provincial Government in the form of a provincial government bill to be sent to the Assembly or its Standing Committee; and the draft regulations were signed by the governor after the adoption of the provincial government meetings or the plenary discussions, and published in the form of a provincial government order.
The regulations should be published or published in the Blackang Communiqué, the Blackon and the provincial government portal within thirty days of the date of publication. The text of the regulations published in the Blackron Bulletin is the standard text.
Other provisions of chapter VI
Article 42 shall be submitted by the Government of the province to the General Assembly by law within thirty days of the date of publication.
Article 43 explains the opinion of the Provincial Government's rule of law body on the procedure for the review of the draft articles in the light of the regulations, which are published after the approval of the Provincial Government.
Regulation interpretation is equally effective.
Article 44, which is a matter of specific application regulations in the administration, is explained by written requests from the relevant departments of the provincial Government or the Government of the People (land) in writing, and the provincial government rule of law institutions should study the responses; it covers a major issue, with the advice of the Provincial Government's rule of law institutions and post-participated responses.
Article 42 of the provincial Government's rule of law institutions should be cleared in a timely manner and make amendments or repeals.
Article 46 or regulations contain one of the following cases, and the executive body or the provincial government rule of law institutions should make proposals for changes and repeals to the provincial Government in a timely manner:
(i) Be incompatible with the law, administrative legislation or other superior laws;
(ii) Contrary to national policies;
(iii) Significant changes in the objective circumstances of the normative matters;
(iv) After a test of practice, the content of the provision is unreasonable or difficult to implement;
(v) Changes in the executive branch;
(vi) Other circumstances should be revised and repealed.
The procedure for modifying or repealing regulations shall be implemented in the light of the provisions.
Article 47 should be translated into English in accordance with national provisions after the publication of regulations.
The drafting cell shall complete the translation process in English within thirty days of the date of publication of the Regulations and communicate the English translation to the provincial authorities of the rule of law. The review shall be completed within sixty days of the date of publication of the Regulations.
The drafting cell could entrust the provincial government rule of law institutions with the translation of the English translation and the translation costs are borne by the drafting units.
Article 48 has been translated in English in accordance with the rules of law of the provincial government. The Blackang communiqué should be published in full in English. The English translation is distinguished from the Chinese text, which is in Chinese.
In their external contacts, the formal translations of the regulations should be used in English. In view of the urgent need for the use of non-recognized regulations in English, the words “informal translations” should be noted when used.
A year after the implementation of regulation 49, provincial government rule of law institutions can evaluate the effectiveness of regulations in the form of written requests for advice, field investigations and questionnaires and form evaluation reports.
Evaluation reports should include basic circumstances, implementation results, problems and views on issues.
Chapter VII
Article 50 provides for the implementation of the provisions of this article, beginning on 1 September 172.