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Qingdao Municipal People's Government Rulemaking Procedures

Original Language Title: 青岛市人民政府规章制定程序规定

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(Health No. 158 of 11 August 2003)

Chapter I General
Article 1 establishes procedures for regulating the regulations of the Government of the city (hereinafter referred to as the municipality) to guarantee the quality of the regulations, in accordance with the Law of the People's Republic of China (hereinafter referred to as the Legislative Act) and the Regulations to establish procedural regulations in conjunction with this city.
Article 2, subparagraphs of municipal government regulations, drafting, review, decision, publication, interpretation, filing, application of this provision.
Article 3 establishes regulations that should be guided by the principles set forth in the Legislative Act and the Regulations and Rules for the Development of Procedure Regulations, adapt to the actual needs of the city and be local.
The name of Article IV is generally referred to as “the provision”, the approach, etc., without reference to “regulations”.
The regulations are subject to chapter, articles, paragraphs, subparagraphs, bibliography. There are fewer chapters of the provisions. The number of Chinese figures in the order of the article is in constant form, with no series of paragraphs, the number of Chinese figures in the series is summarized in the table below, with the aim of the number of Arab figures being presented in the order.
Article 5 provides a unified leadership for the development of regulations.
The municipal rule of law institutions are responsible for organizing the implementation of this provision under the leadership of the municipal government, and planning, research, review, coordination and guidance for the development of regulations.
Chapter II
Article 6. The relevant sectors and municipalities of the municipality consider that regulations are needed for the next year, which should be submitted to the municipality by 30 November.
Article 7
(i) The content of the regulations is not incompatible with the top law;
(ii) The content of regulatory projects is governed by law, administrative regulations, local legislation only by principle, or by regulations that fall within the specific administrative matters of the city's administrative region and should be specified by the municipality;
(iii) The content of regulatory projects has provided reasonable and feasible programmes for the main issues to be addressed and the main systems or measures to be identified;
(iv) The proposed pilots have been proposed and accompanied by clarifications and relevant information.
Article 8. Municipal rule of law institutions should conduct a summary of the application for regulations based on national, provincial and municipal legislation and the overall deployment of municipal government annual work, with a focus, integration, development of annual regulations of the municipal government and post-community approval.
Article 9. Civil, legal and other organizations may make proposals for regulations to the municipalities.
The municipal rule of law institutions should organize research or transmit relevant sectoral studies. For feasible recommendations, they are made in accordance with the procedure.
Article 10 establishes a workplan in the course of implementation, which may be adjusted on the basis of actual circumstances. In addition to the year, it was proposed that the sector should transmit the application and the related materials to the municipal rule of law institutions, subject to review, and that the municipal government approves the project to be included in the annual regulations.
Drafting
Article 11. The regulations are drafted in principle by the author of the request.
The content of the regulations relates to a number of sectoral management matters, which are drafted by one or several sectors; or may also be drafted or organized by the municipal authorities' rule of law institutions.
Drafting regulations may invite relevant experts, organizations to participate or to commission the drafting of relevant organizations, experts.
The municipal rule of law institutions should guide the drafting of the sector.
Article 12 entrusts the relevant organizations, experts with drafting regulations that are the responsibility of the municipal authorities to determine the trustee. The author may be determined by means of open solicitation of drafting programmes. The drafting of regulations was commissioned by the municipal authorities of the rule of law and by the trustee.
Article 13 provides for regulatory drafting and should establish a dedicated drafting group.
The departments responsible for drafting should complete the drafting mandate in accordance with the plan and send the draft regulations to the final version (hereinafter referred to as a copy of the draft regulations); they should not complete the drafting mandate in accordance with the plan, report and explain the reasons.
Article 14. Drafting regulations shall be widely heard by the relevant organs, organizations or citizens.
The regulations drafted relate directly to the interests of citizens, legal persons or other organizations, where the relevant organs, organizations or citizens have significant differences in views on them, and the drafting sector should publish a draft of the regulations to society and seek the views of the various communities of society; or hearings.
Article 15. The drafting sector publishes the first draft of the regulations to society, which is published in public newspapers and “Industries of information” within the scope of the city's administration.
The drafting sector should carefully summarize, study and receive feedback. The adoption and justification of feedback should be provided in the presentation of the draft regulations.
Article 16
(i) The public hearings should be held and the drafting sector should publish the time, place and content of the hearings by 30 days of the hearings and provide the full text of the draft regulations for the request;
(ii) The authorities, organizations and citizens concerned with the drafting of regulations may participate in the hearings through the prescribed procedures;
(iii) The hearings, chaired by the drafting sector, should provide clarifications on the relevant developments in the drafting regulations and the right of the relevant organs, organizations and citizens to raise questions and comment;
(iv) The hearings were made by the author responsible for the production of a record, such as the main points and reasons for the actual recording of the speaker;
(v) The drafting sector should carefully study the views reflected in the hearings and provide information on the adoption of the hearings and the reasons for them when they are sent to the draft regulations.
Hearing in the drafting sector should be informed of the participation of the municipal authorities in the rule of law.
The text of the draft regulations concerned the responsibilities of other departments or closely with other sectors, and the drafting sector should fully seek the views of other departments; the drafting sector should be consulted in a manner that differs from other departments; and the full consultation should be sent to the ibid., where it is not possible to achieve agreement.
When the drafting sector sends a copy of the regulations to the municipality, the following documents and information should be sent together:
(i) Text of the accompanying text of the revised text;
(ii) Drafting notes on regulations;
(iii) List of drafting groups;
(iv) Relevant research, study reports;
(v) To seek information, to convene a colloquium, an adjudication, a hearing, to the extent that the main differences of views and treatment of the texts of the regulations, organizations and citizens concerned, and to the society should be made available to the society, with the treatment and justification of the feedback; and to hold a hearing, the hearings should be accompanied by a hearing note, the treatment of views and the reasons for the hearings;
(vi) Be based on legal and policy documents;
(vii) The Regulations Drafting List;
(viii) Other relevant materials.
Article 19 The drafting sector sends a copy of the regulations to the municipal government, which should be negotiated by the drafting sector heads, signed by the main heads of the drafting sector, and the co-drafted regulations should be signed by the main heads of the sectors.
Article 20 shall be subject to 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 specified.
Article 21
(i) The need for regulations;
(ii) Developing the basis for regulations;
(iii) The main issues to be addressed and the principal systems, measures;
(iv) The feasibility of implementation;
(v) The main issues of the coordination of views and the processing of views;
(vi) Other issues that require clarification.
Review of chapter IV
Article 22 provides for the issuance of the regulations of the municipal government and is reviewed by the municipal authorities' rule of law institutions. The municipal rule of law institutions conduct a review of the texts of regulations, inter alia:
(i) In conformity with the principles set out in the Legislative Act and the Regulations and Rules for the Development of Procedure;
(ii) Have coordination and interface with relevant regulations;
(iii) Is the right to deal with the views of the relevant organs, organizations and citizens on the main issues of the issuance of the regulations;
(iv) In conformity with the requirements of legislative technology;
(v) Other elements to be reviewed.
Article 23 contains one of the following cases in which the municipal rule of law institutions may be suspended or returned to the drafting sector:
(i) The basic conditions for establishing regulations are not ripe;
(ii) The main system for the delivery of the draft articles is controversial and the drafting sector has not been consulted with the relevant sectors;
(iii) Drafting is not in accordance with articles 18, 19, 20 and 21, of this approach.
Article 24 does not meet legislative technical requirements, and the municipal rule of law institutions may request the drafting sector to redraft it.
Article 25 After a preliminary review of the texts of regulations by the municipal rule of law bodies, it should be communicated to the relevant departments, organizations and experts for their comments.
Article 26, which deals with important issues, allows the municipal rule of law institutions to hold colloquiums, arguments, which are attended by relevant organizations, experts, to listen to the study.
The contents of the draft regulations relate directly to the interests of citizens, legal persons or other organizations, with significant differences between the organs, organizations or citizens concerned, the fact that the drafting sector has not been made public in the drafting process or the holding of hearings, and that the rule of law institutions of the municipal government can be made publicized to the society and may hold hearings.
The procedures for the publication and holding of hearings are based on article 15 and article 16 of the present article and are charged by the drafting sector.
Article 27 of the municipal rule of law institutions should be carefully studied, validated and processed according to different circumstances.
(i) With regard to important matters such as the management system, the restructuring of functions and the establishment of administrative licences, the municipality was invited to decide;
(ii) Upon enquiry, the relevant departments indicated that they were not contested by the principal heads of the respective departments;
(iii) There is a need for coordination among the municipal authorities to convene coordination meetings;
(iv) There is a need for coordination among the major divergent views, drawing on a coordination meeting between the municipal authorities.
Article 28 provides an overview of all aspects of the rule of law of the municipality, modifys the texts of the regulations, forms draft regulations and notes on the draft. The draft regulations should include the need for regulations, the key issues to be addressed and the main systems, measures, and the circumstances of the evidence-based coordination.
Draft regulations and clarifications were signed by the main heads of the municipal authorities' rule of law institutions and suggested proposals for consideration by the municipal authorities.
Article 29 Draft regulations drafted or prepared by the municipal rule of law body, signed by the main heads of State and proposed proposals for consideration by the municipal authorities.
Decisions and publication of chapter V
Article 31 shall be considered by the municipal government meetings or by the plenary.
In considering the draft regulations, a statement was made by the municipal authorities' rule of law institutions.
After consideration of the draft regulations, the municipal rule of law institutions should modify the draft regulations in accordance with the deliberations, form a revised draft regulations, which may wish to sign orders.
The order to publish regulations should contain the establishment of organs, orders, names of regulations, dates adopted, dates of implementation, mayors and date of publication.
Following the publication of the regulations, the Youth Day and the “Youth Islands Governance Network” should be published in the full text of Article 5.
The Communiqué of the People's Government of Blue Island should be published in a timely manner, with the text of the regulations published as the standard text.
Article 34 should be implemented after 30 days of the date of publication; however, it would be difficult to implement the regulations after publication and could be implemented from the date of publication.
Chapter VI Interpretation, filing and modification, repeal
Article XV regulates the right to interpretation as a municipal government.
One of the regulations is explained by the municipal authorities:
(i) The provisions of the regulations require further clarity on specific meaning;
(ii) A new situation following the enactment of regulations requires clear application of regulations.
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 36 shall be made available to the relevant organs within 30 days of publication, in accordance with the provisions of the Legislative Act and the Regulations.
Article 37 contains one of the following cases, and the relevant authorities should make proposals for amendments and repeal in a timely manner:
(i) The laws and regulations based on the regulations have been amended or repealed;
(ii) The main elements of the regulations have already been provided for by law or have been replaced by other regulations;
(iii) The content of regulations is not adapted to the realities of society;
(iv) Other cases should be amended and repealed.
The procedures for modifying, repealing regulations are governed by the relevant provisions of the regulations.
Chapter VII
Article 39 elaborates procedures for the preparation of draft local legislation to be considered by the Municipal Government by the General Assembly of People's Representatives or by the Standing Committee of the People's Representatives of the City, taking into account the provisions.
Article 40 edited in the publication of a compilation of regulations for the official version, the national text and the foreign version, which is implemented by the municipal rule of law bodies in accordance with the relevant provisions of the Regulations.
Article 40 Requirements for administrative legislative work are included in the budget of the current financial sector.
Article 42 The provisions of the Regulations of the Government of the People of Blue Island, issued on 24 July 1989, were also repealed.