Key Benefits:
(The 34th ordinary meeting of the Government of the Honoural State, held on 28 September 2005, considered the adoption of Decree No. 84 of 13 October 2005 of the People's Government Order No. 84 of the Honour of the Honoural State, which came into force on 1 December 2005) Chapter I General Article 1, in order to regulate the drafting of draft local legislation and the procedures for the enactment of provincial government regulations, improve the quality of local legislation, in accordance with the National People's Legislative Act, the Regulations establishing procedures, the local legislation regulations of the Honour Province and the relevant laws, regulations and regulations. Article 2 Article 3 refers to the draft local legislation referred to in this article, which is drafted by the Government of the province, drawing to the Assembly of the Provincial People's Representatives and the legal documents considered by its Standing Committee. This provision refers to the regulations of the provincial government, which refer to the legal documents developed by the Government of the province and issued in the form of the Provincial Government Order. Article IV Drafts on local legislation and regulations for provincial governments should be drafted in accordance with legislative principles, consistent with the provisions of the Constitution, laws, administrative regulations, highlighting local features. Article 5 The provincial Government's rule of law body is specifically responsible for drafting, organizing draft local legislation and reviewing draft provincial government regulations. The departments of the Government of the province assume the task of drafting draft local legislation and draft provincial government regulations in accordance with their respective responsibilities. Article 6. The drafting of draft local legislation and the specific requirements for the development of provincial government regulations are guaranteed by provincial finance. Chapter II Article 7. The Government of the Provincial People is required to develop annual legislative plans based on economic and social development, which can be based on the need for five-year legislative planning. Article 8. Civil, legal and other organizations may propose to the Government of the province draft local legislation or legislative recommendations for the formulation of provincial government regulations. Legislative recommendations include the name of the proposal, the main content and the purpose, rationale, and the basis for it, which may be sent to the State's rule of law institutions in writing or e-mail. Article 9 states that all branches of the Government of the province or the lower-level people are of the opinion that the draft local legislation is needed or that provincial government regulations should be drawn up, from 20 September to 20 October, each year, to the Government of the province and to the provincial authorities' rule of law institutions. Article 10 requests should provide clarifications on the need, feasibility, legislative basis, key issues to be addressed and the main regime to be determined, either in the drafting of a draft local legislation or in the drafting of provincial government regulations and related references. Article 11. The provincial Government's rule of law body is responsible for a summary of legislative recommendations and applications and the organization of expert, scholars and relevant departments on the basis of research. In order to meet conditions, it is included in the next annual legislative plan of the Government of the province, which is approved by the Government. Inclusion of the draft local legislation plan project, the Provincial Government Rule of Law Institutions should seek the views of the Provincial People's Congress on behalf of the General Assembly and the Committee on the Rule of Law before the approval of the Provincial Government. Article 12 units responsible for drafting should work in a timely manner to ensure the completion of the annual legislative plan of the Government of the province. In the implementation of the annual legislative plan, adjustments can be made based on the facts. For projects to be adjusted, a supplementary argument should be made to the Government of the province. Drafting Draft local legislation and draft regulations of provincial governments should be drafted. The drafting group may invite relevant organizations, experts to participate, or the relevant organizations, experts to draft. The joint drafting group should be established by more than two units. The provincial Government's rule of law bodies guide the drafting of draft local legislation and draft provincial government regulations. Article 14. Drafting of local legislation and draft provincial government regulations shall be in compliance with the following requirements: (i) No law, administrative regulations shall be incompatible with local legislation and regulations; (ii) The content already specified in law, legislation and regulations does not in principle duplicate provisions; (iii) Promote economic and social development in line with the practice of the province; (iv) To reflect the harmonization of the functions and responsibilities of the executive organs and to overcome sectoral interest trends; (v) The relative stability of the content is generally applicable in the longer term and in some contexts; (vi) Clear provisions for the formulation of objectives, scope of application, implementation, legal responsibility and entry into force date. Article 15. Draft local legislation and draft provincial government regulations should be drafted in depth to study studies, to take stock of practical experience, to widely consult citizens, legal persons and other organizations, drawing on national and international legislative experience. An opinion may be obtained in the form of written, colloquiums, memorials, hearings and public solicitation through the media. The draft local legislation and the draft regulations of the provincial government relate to the responsibilities of the relevant departments of the Government of the province or directly related to its work, and the drafting cell shall seek the relevant sectoral advice. The relevant sectors should carefully study and make written observations, with the addition of the chapter of the Gégué sector, as required. Draft local legislation or draft provincial government regulations should be coordinated before being sent. 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 coordination, it is still not possible to reach agreement that the drafting cell sends a draft local legislation to the Government of the province or a draft regulations of the provincial government, it should be accompanied by the fact that the various views and related bases and materials are presented. The draft local legislation or the draft regulations of the provincial government shall be subject to collective consideration by the drafting unit and the formation of the post-execution government; the joint drafting shall be submitted to the Government of the province by the main heads of units, respectively. The following documents and materials should be submitted when they are sent to the draft local legislation or draft provincial government regulations: (i) Written requests; (ii) A draft of the trial and its note; (iii) Legal basis and relevant legislative information; (iv) The original written opinion of citizens, legal persons and other organizations and the coordination of the proceedings; (v) The holding of hearings should be accompanied by a hearing report; (vi) With respect to the repeal or modification of legislation, regulations, which are attached to the text of the legislation, regulations, which are to be repealed or to be amended; (vii) Other relevant documentation and materials. The draft local legislation and the draft regulations of the provincial government should be sent to one hundred copies and five others. The draft local legislation and the draft regulations of provincial governments should be sent to an account of the need, the basis, the main content, the main issues to be addressed, the status of consultation, the coordination of divergent views, and other issues that need clarification. Article 21 The drafting cell shall complete the drafting and delivery of the draft local legislation by four months before the provincial People's Congress or its Standing Committee are to be considered in accordance with the annual legislative plan; As special circumstances cannot be completed on time, drafting units should submit written reports to the Government. Review of chapter IV The draft local legislation and the draft regulations of the provincial government were sent to review by the provincial authorities responsible for the rule of law, with the following: (i) In conformity with the requirements of article 14 of this provision; (ii) In conformity with legislative technical norms; (iii) Is the right to deal with the views of citizens, legal persons and other organizations on the main issues of delivery; (iv) Other elements requiring review. In reviewing the draft local legislation and the draft provincial government regulations, the authorities should cooperate and assist them. The draft local legislation and the draft provincial government regulations were sent to one of the following cases, and the provincial government rule of law institutions could be suspended or returned to the drafting units and provided in writing reasons: (i) No annual legislative plan; (ii) The basic conditions of the legislation are not mature or the existence of significant flaws in legislative technology; (iii) There is a greater controversy among the relevant bodies or departments with regard to the principal regime set out in the draft articles, which are not consulted with the relevant bodies or departments; (iv) Other circumstances that affect legislative work and mandate. The draft local legislation and the draft regulations of provincial governments are not in accordance with the provisions of Articles 17, 18, 19, and the drafting cell shall reproduce documents or materials. Article 25 The provincial Government's rule of law institutions may convene experts, scholars and relevant departments either alone or in conjunction with the drafting units, to advise, validate the draft local legislation and draft provincial government regulations and to issue advice from the municipalities (States, territories), the People's Government of the District (PAAs) and the relevant departments of the Government. The provincial Government's rule of law institutions should be widely heard on the main issues covered by the draft local legislation and the draft provincial government regulations. The draft local legislation and the draft regulations of the provincial government relate to major or serious disagreements, and the State's rule of law institutions should convene a colloquium and a hearing. The relevant section of article 26, after having received a draft local legislation issued by the State's rule of law institutions and a letter from the provincial Government's draft regulations, should be carefully studied to make written observations and to include feedback as requested by the Government's chapter. The failure to receive feedback was seen as having no different views. Article 27 should carefully study the views of the various sectors and consult with the unconcepted views, and should be consulted again. After agreement on consultation, the authorities of the provincial people's rule of law are not allowed to make different views on the same issue in the context of the consideration of the Government of the Provincial People's Government; there is no agreement that the provincial Government's rule of law institutions should make their comments and inform the Government of the province of its decision. Article 28 should be accompanied by drafting units to amend draft local legislation and draft provincial government regulations to form draft local legislation and draft provincial government regulations and their drafting notes. The drafting note should include the drafting of draft local legislation and the basis for provincial government regulations, the need, the drafting and review process, the key issues to be addressed, the establishment of the main regime and consultations on major controversial issues; and the holding of hearings should be accompanied by the hearings. Draft local legislation and the draft regulations of provincial governments and their drafting notes are signed by the main heads of the rule of law institutions of the Government of the province to make recommendations for consideration by the Government of the province. The Government of the province was drawn up to consider the draft local legislation, which should be sent directly to the provincial Government for the two months to be considered by the Provincial People's Congress or its Standing Committee. Following the signing by the Government of the Provincial People's Government, the President of the Government of the province should arrange for consideration in a timely manner, in accordance with the annual legislative plan. Chapter V Article 33 (i) Significant impact on economic and social development in 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 content; (v) Other needs to be heard widely. Article 31, drafting units and provincial authorities responsible for the organization of hearings. The hearings were commissioned by the relevant organizations, experts. Article 32: The organization of the hearings shall issue a public declaration to society through the media by 20th hearings. The announcement includes the following matters: (i) The time and place of the hearings; (ii) The draft local legislation on hearings or the main elements of the draft regulations of the provincial government and the matter of hearings; (iii) The number of participants, as well as the number of witnesses, the conditions for the presentation and the manner in which they are presented; (iv) Other related matters. Article 33 citizens, legal persons and other organizations may submit applications for participation in hearings or to be heard in accordance with the hearings. The hearings should establish rules for hearings and inform the participants and the witnesses of their rights, obligations and concerns before the hearings were held. In accordance with the principle of broad and representative integration, the hearings should be established, and the following persons may be designated or invited to participate as a witness: (i) Representatives of citizens, legal persons and other organizations interested in hearing matters; (ii) A large number of representatives, members of the Government and parties to democracy, non-party; (iii) The heads of relevant departments and the judiciary and other associated personnel; (iv) Experts, scholars familiar with hearings. Following the determination of the hearing of the witness and the accompanying hearing, the organization of the hearings shall send a notice of the hearing to it by 7 p.m. and accompany the draft local legislation or the draft regulations of the provincial government. In the aftermath of the hearing, the participants should submit written statements to the hearing organization. Hearings may submit written observations to the hearing body. Article 37 hearings should produce written hearings. After the hearings, the hearing body should collate the relevant materials, such as the hearings, and report on the hearings. The hearings should include the following: (i) Hearing matters; (ii) The basic situation of the hearings; (iii) The main points of view, facts and reasons for the hearing of participants; (iv) The treatment of views and reasons for the organization of the hearings. Decision VI, publication, request and interpretation The draft local legislation and the draft regulations of the provincial government are considered by the plenary of the Government of the province or by the Standing Committee. In considering the draft local legislation and the draft regulations of provincial governments in plenary meetings or in the Standing Committee, a statement was made by the provincial authorities of the rule of law or by the drafting body. The provincial Government's rule of law body should submit the list of sectors participating in the hearings to the provincial government office to determine the participation unit. The relevant sectors of the meeting should be responsible for the formal written observations that have been made and for the comments that have been made in a coordinated manner should not be repeated. The Government of the Provincial People considers the draft local legislation and may invite the people of the province to participate in the Conference on the Rule of Law and the relevant specialized committees, as well as other relevant departments. Article 40, which was adopted by the plenary of the Government of the province or by the General Assembly in its consideration of the draft local legislation and the draft regulations of the provincial government, is submitted to the Government of the Provincial People's Government, in conjunction with the drafting unit, following the changes in the decisions and views of the Conference. The deliberations were not adopted, in accordance with the decisions and observations of the Conference. Article 40, which was considered by the Government of the province for the adoption of the draft local legislation, should be brought to the Assembly or its Standing Committee by the Provincial Government Bill within five days from the date of signature of the Presidential People's Government. The draft provincial government regulations, which were adopted by the Government of the province, should be issued within 10 days from the date of signature by the governor. Article 42, the relevant departments of the Government of the province still contest the content of provincial government bills, which can be reported in writing to the Government of the province. Article 43 of the provincial government regulations are published by provincial government orders following the signing of provincial governors, and are published in the Honour and the Honour of the Honourable State. Within 30 days after the publication of the provincial government regulations, the provincial authorities of the rule of law should report to the General Assembly on the basis of the statutory procedures. Article 42 of the provincial government regulations need to be interpreted by the provincial people's rule of law body, which is approved by the Government of the province and published through the Honour and the Honour of the Honour State. Chapter VII Article 46 is drafted by the Provincial People's Government by the Provincial Assembly of Representatives or by its Standing Committee for adoption and publication of local legislation and regulations published by the Provincial Government, which requires amendments or repeals, in accordance with the relevant statutory procedures and the provisions. Article 47 The provisions of the Honduran Government of Honduran, issued on 21 May 1992, concerning the drafting of the draft local legislation and the development of administrative regulations were also repealed. |
