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Langfang Government Rulemaking Procedures

Original Language Title: 廊坊市政府规章制定程序规定

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Chapter I General

Article 1 establishes procedures for regulating the regulation of municipalities, guaranteeing the quality of regulations and promoting the construction of the rule of law government, in line with the relevant provisions of the Law on the People's Republic of China, the Regulations on the Establishment of procedures and the local government legislation provisions of the River Province.

Article 2

Article 3.

(i) Matters requiring regulations for the implementation of legislation, administrative regulations, local legislation;

(ii) Specific administrative matters of this city.

Regulations are limited to urban and rural construction and management, environmental protection and historical cultural protection.

Article IV establishes regulations that should be consistent with the following principles and requirements:

(i) Sustaining the party's leadership in the legislative process, involving major institutional and significant policy adjustments, and reporting on the decision of the PPW;

(ii) Be consistent with the legislative principles established in the legislative law and in accordance with constitutional, legal, administrative and other superior laws;

(iii) To effectively guarantee the legitimate rights and interests of citizens, legal persons and other organizations, without the basis of laws, administrative regulations, local legislation, or norms that detract from the rights of citizens, legal persons and other organizations or increase their obligations;

(iv) Enhance the focus area legislation, harmonize legislation and reform decision-making, in line with the reality of the city;

(v) To reflect the principle of harmonization of the functions and responsibilities of the executive organs and, while giving the necessary authority to the relevant executive organs, the conditions, procedures and responsibilities that should be assumed in their exercise.

Article 5. The name of the regulations generally states as “the provision”, the approach, etc., but may not be referred to as “regulations”.

The terms of the regulations should be accurate, concise and the content of the provisions should be clear and specific.

Article 6. The municipal rule of law body is responsible for the study of the annual regulations development plans, the review of the draft regulations, the status of the regulations, the interpretation, modification and other matters related to the regulations of the Government.

The Governments of the various districts (markets, districts) and the municipalities and relevant units should be guided by their respective responsibilities.

Requirements for the development of work are included in the same fiscal budget.

Chapter II

The Governments of Article 7 districts (communes, districts) and municipal governments consider that regulations will be needed for the next year, and requests should be sent to the municipalities by 1 October.

The application should provide clarifications on the need and feasibility of establishing regulations, the development of a basis, the main issues to be addressed, the main systems to be established and the time to be put in place.

Article 8

Citizens, legal persons and other organizations may submit proposals for legislative projects to the municipal authorities in the form of written correspondence, e-mail.

The municipal rule of law institutions should make proposals for legislative projects to be assembled, deliver relevant sectoral studies and make comments.

Article 9. The municipal rule of law institutions should provide evidence, assessment of the application for regulations and legislative project recommendations, based on the unified deployment of the municipal government, and prepare annual regulations and regulations for the discussion of decisions at the municipal government meetings.

The annual regulation development plan should clarify the name of the regulations, the drafting sector and the completion of the time frame.

The annual regulations should be developed within thirty days of the date of ratification, to be sent to the Office of the Rule of Law of the People's Government of the province.

Article 10 projects included in the annual regulations development plan should complete the drafting process in accordance with the prescribed time frame.

For special circumstances, changes in annual regulations are required and written requests should be made to the municipal authorities to make appropriate adjustments after approval by the municipal authorities.

Chapter III

Article 11. The municipal government may determine whether a department or a few sectors are specifically responsible for drafting regulations; important administrative regulations are drafted by the municipal authorities.

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

The municipal government commissioned the drafting of regulations, which were established by the municipal authorities' rule of law institutions and signed a commissioning agreement with the trustee.

Article 12 Departments with specific responsibility for drafting work should form drafting groups with the participation of heads of departments, develop drafting plans and organize implementation, lead responsibility for implementation, implementation of drafting personnel, implementation of work funding and implementation of time frames.

Article 13. Drafting regulations should be preceded by a study that allows for a wide range of forms such as written requests, colloquiums, symposia, hearings, media announcements and other organizations.

The regulations drafted in article 14 should be widely consulted on the views of the representatives of the human person and members of the political union.

The regulations drafted relate to major benefits adjustments, and the drafting sector should organize a validation advisory meeting with the participation of relevant bodies, social groups and expert scholars.

The regulations drafted relate directly to the interests of citizens, legal persons and other organizations or the existence of greater differences of opinion, which should be made available to society, to seek the views of all communities of society and to feedback on the adoption of public opinions; and to the drafting sector may also hold hearings. The hearings are organized in accordance with the following procedures:

(i) The drafting sector shall publish the time, place and content of the hearings by thirty days of the hearings;

(ii) The hearings should be held in public and the citizens, legal persons or other organizations participating in the hearings are entitled to question and comment on the drafting regulations;

(iii) The hearings should produce a record, if the main points and reasons for the record of the Spokesperson, and the hearings should be delivered to the participants to confirm the non-renewable signature or chapter;

(iv) The drafting sector should carefully study the views reflected in the hearings and provide information on the treatment of the hearings and the reasons for them when they are sent to the review.

The regulations drafted relate to the functions or interests of the relevant sectors, and the drafting sector should fully seek the views of the relevant sectors.

The relevant sectors should study carefully and provide advice, as required, on a timely basis, after the signature of the main head and the incorporation of a chapter of the unit.

The drafting sector should absorb the reasonable views of the relevant sectors. The main heads of the sectors of the parties should be fully consulted, and the drafting sector should provide information and justification in the presentation of the draft regulations (hereinafter referred to as a copy of the communication).

The drafting sector should be sent to the municipal government after completing the drafting process.

The draft articles should be signed by the main holder of the drafting sector; several drafting departments were co-drafted and should be signed by the main heads of the drafting sector.

The drafting note included, inter alia, the need and feasibility of establishing regulations; the drafting process, the drafting of the basis, the main measures required, the main issues to be addressed; the signing, coordination, the different views on key issues and the outcome of the process.

The material included, inter alia, the solicitation of the original; the original opinion of the relevant departments, units; the legal, legislative and policy documents based on the law, regulations and policy documents; hearings, evidence counseling materials, research or study reports, and domestic and foreign legislative information.

Chapter IV

The text of the communication was coordinated by the municipal authorities of the rule of law.

The municipal rule of law institutions conduct a review of the delivery of the draft by:

(i) In conformity with the provisions of article 3 and article IV of this provision;

(ii) Will be coordinated with other regulations of the municipality;

(iii) Whether the views of citizens, legal persons and other organizations are properly addressed;

(iv) Are there coherence among the divisions concerned;

(v) In conformity with legislative technical requirements;

(vi) Other elements to be reviewed.

Article 20 contains one of the following cases, and the municipal rule of law institutions should be suspended or returned to the drafting sector:

(i) Violations of superior law or national policy;

(ii) Be not included in the annual regulations development plan but not in accordance with article 10, paragraph 2, of the present provision;

(iii) The basic conditions for the development of regulations are not ripe;

(iv) No drafting and delivery as required by chapter III of this provision;

(v) Other cases should be suspended or returned.

Article 21 provides for an initial review by the municipal rule of law institutions of the delivery of the draft articles and will be revised with the drafting sector to form a draft text for comment (hereinafter referred to as a solicitation).

Article 2 In addition to the need for confidentiality in accordance with the law, the solicitation should be made available to the community through media such as the Cultivate People's Government portal, the Cultivation Day.

Article 23 of the municipal rule of law institutions should hear the views of the relevant departments, organizations and citizens on the main issues involved in the solicitation of submissions.

Article 24 asked for comments on important issues, and the municipal rule of law institutions should convene a colloquium, an expert scholar and an administrative relative to the authorities concerned, organizations, expert scholars and the executive branch, or a legislative hearing, a research argument.

The holding of hearings shall be organized in accordance with the procedure set out in article 16 of the present article.

With regard to the differing views of the authorities with regard to the solicitation, the municipal rule of law institutions should be coordinated to introduce a third-party assessment, to fully listen to the views and coherence of the parties; there should be no coordination of the main issues, the views of the relevant sectors and the views of the municipal authorities.

Article 26 The clarification should include the development of key issues to be addressed in the regulations, the establishment of major measures, the coordination of sectoral differences and the specific description of relevant issues.

Draft regulations and clarifications were signed by the principal heads of the municipal authorities' rule of law bodies, proposing proposals to be considered by the Municipal Council or by the plenary.

Decisions and publication of chapter V

Article 28 should be decided by the Standing Committee of the Municipal Government or by the plenary. In considering the draft regulations, a statement was made by the main holder of the rule of law of the municipal government, which was supplemented by the main heads of the relevant sector.

The draft regulations should be adopted, adopted by principle, reconsidered or adopted without consideration.

The municipal rule of law institutions should modify the draft regulations in accordance with the deliberations of the Conference, and 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.

The regulations should be implemented after thirty days of the date of publication. However, the publication would not be immediately followed by the application of regulations that could be carried out from the date of publication.

The publication of Article 31 should be published in a timely manner, in the Official Journal of the People's Government of the Cultivate, the Spokesperson and the Government of China's Rule of Law Information Network.

The text of the regulations published in the Official Journal of the People's Government of Cyberracies is the standard text.

Chapter VI Status, interpretation, modification and repeal

Article 32 should be sent within thirty days of the date of publication to the Standing Committee of the General Assembly, the People's Government of the province and the Standing Committee of the People's Congress.

The right to interpretation of the regulations lies with the municipality.

One of the following cases should be interpreted:

(i) The provisions of the regulations require further clarity on specific meaning;

(ii) New developments after the enactment of regulations require clear application of government regulations.

The municipal rule of law institutions have provided regulatory interpretations in the light of the regulatory review process and are invited to be published after the approval of the municipal government.

The interpretation of the regulations is equally valid.

Article XXX imposes one year's regulations, and municipal rule of law institutions should organize drafting or third-party assessments. The regulatory assessment should include the following:

(i) Implementation of regulations;

(ii) Correspondents of administration and other aspects of society;

(iii) Problem in operation and its causes;

(iv) Other matters to be assessed.

The assessment results should serve as a basis for the revision and repeal of regulations.

Article 35 contains one of the following cases, and the drafting sector should make proposals for amendments or repeal to the municipal authorities of the rule of law:

(i) The top law on which it is based has been amended or repealed;

(ii) The main content has been replaced by the newly published top law or other relevant regulations;

(iii) Significant changes in the actual situation on which regulations are based;

(iv) The assessment needs to be modified or repealed;

(v) Other cases should be modified or repealed.

Citizens, legal persons or other organizations believe that the regulations are incompatible with the law and may propose amendments or repeals to the municipal authorities.

The municipality's rule of law institutions have been validated to consider that regulations need to be amended or repealed and to report to the municipal government decisions.

Chapter VII

Article XVI