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Guilin People's Government Rulemaking Provisions

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

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Article 1, in order to regulate the procedures established by the Government of the People of the Republic of China, to promote the legalization, scientificization, democratization, to improve the quality and efficiency of regulations and regulations, and to establish this provision in accordance with the provisions of the legislation of the People's Republic of China (Act No. 322 of the People's Republic of China).

The scope of regulation 2 is limited to urban and rural construction and management, environmental protection and historical cultural protection.

Article 3 sets of regulations, drafting, review, decision, publication, request, interpretation, modification, repeal and application of this provision.

Article IV establishes regulations that should be consistent with the legislative principles established in the legislation and in accordance with the provisions of the Constitution, legislation, regulations and other superior laws.

Article 5 Community governments have been leading in the development of regulations.

The municipal rule of law sector is specifically responsible for the organization, coordination and management of regulations, arguments, reviews, referrals, requests, amendments and repeals.

The rule of law institutions in the various districts (zone) people's governments and all sectors of the city's government should work in accordance with the division of responsibilities to prepare draft regulations, nuclear texts and seek advice.

Regulation 6.

The Government of the People's Republic of the District (zone) and the Government of the People's Government have the intention to establish regulations, which should be submitted to the Government of the city by 30 June each year for the application of a petition signed by the main head of the unit and a chapter of the unit. The application and the related material are trajectory to the rule of law sector.

Civil, legal or other organizations are of the view that regulations need to be developed and can make recommendations to the municipal rule of law sector. The municipal rule of law sector should conduct a study of the recommendations and respond to them.

Article 7 provides for an application for the formulation of regulations and shall provide clarifications on the need for regulations, the key issues to be addressed and the main regime to be established. The application shall include the following:

(i) The name of the regulations;

(ii) Specific research or research programmes;

(iii) The need for regulations;

(iv) The relevant legal basis;

(v) The main issues to be addressed;

(vi) The main measures to be taken;

(vii) The drafting of the rules and means of communication;

(viii) Other matters to be described.

The municipal rule of law sector considers it necessary to require the establishment of an application unit to accompany the first draft of the regulations.

Article 8. The municipal rule of law sector should conduct a summary of the application for the development of regulations, prepare a plan of work for the annual regulations of the current people's Government and report on implementation by the Government of the city.

The annual regulations should specify the name of the regulations, the drafting unit and the time of completion.

Article 9 has been included in the annual regulation of the development of work plans, and the units responsible for drafting mandates should be organized in accordance with the workplan. As special circumstances cannot be completed, written reports should be submitted to the Government of the city in a timely manner.

Article 10 related units need to increase regulations for their work, and to apply to the commune Government on the basis of a feasibility argument, subject to approval by the municipal rule of law sector, which may be included in the annual regulations.

Draft regulations were drafted by the Government of the city and the Government of the city could determine whether a joint drafting or a number of sectors could be developed by the municipal rule of law sector, depending on actual needs. A more specialized draft regulations could involve experts in the drafting process or commission experts, teaching science and research units and social organizations.

Drafting units of the draft regulations should be designated or established by a specialized group for drafting.

Article 12 concerns the draft regulations governing the responsibilities of other sectors of the city's Government or closely with other sectors, which should be fully consulted by the drafting units. Drafting units should be incompatible with the views of the relevant sectors and should be fully consulted; consultations are still inconsistent and should describe the situation and the reasons when they are sent to the draft regulations.

Drafting regulations by the Drafting Unit should be based on the actual practice of the city, drawing on the experience of success in the field and listening to the views of citizens, legal persons or other organizations.

The content of the draft regulations relates to the interests of citizens, legal persons or other organizations, or to the differences between citizens, legal persons or other organizations with respect to them, which should be made public to society and seek the views of the various communities of society or hold hearings.

Article 14. Hearing shall be organized in accordance with the following procedures:

(i) The drafting unit is the organization of the hearings;

(ii) The public hearings shall be held and the drafting cell shall publish the time, place and content of the hearings by thirty days of the hearings and inform the municipal rule of law in writing;

(iii) Individuals, legal persons or other organizations participating in the hearings are entitled to question and comment on the draft regulations;

(iv) The hearings should produce a record of the signature of the licensor, if the main points and reasons for the recording of the hearing;

(v) The drafting cell shall organize, within ten working days of the end of the hearings, a study of the observations and recommendations and the preparation of the hearings report.

The report of the hearings should be objectively and faithfully reflected in the hearings' hearings, and the reasonable observations and recommendations made in the hearings should be adopted. The report should contain the following:

(i) Hearing and hearing matters;

(ii) The basic circumstances of the hearings, including the suspension and termination of the statements by the facilitators of the hearings on matters related to the hearings;

(iii) The main observations or recommendations, reasons, and bases of the hearing;

(iv) The focus of views, objections and differences on hearings;

(v) An analysis and treatment of the hearings;

(vi) Other matters to be reported.

Article 15. The drafting cell shall communicate the following documents and materials to the municipal rule of law within the time specified in the regulations for the development of the workplan:

(i) Draft texts of regulations and electronic files;

(ii) Drafting notes and electronic files for draft regulations;

(iii) The main differing views of citizens, legal persons or other organizations on the draft regulations and the holding of hearings should be accompanied by hearings and related materials;

(iv) The relevant legal texts are based on the tables and their electronic files;

(v) Other relevant materials.

The drafting note should include the following:

(i) The status and main issues to be regulated, the purpose and the need for regulations;

(ii) The basic process of drafting;

(iii) It is proposed to establish major measures and their legal basis;

(iv) Text framework and brief content;

(v) The feasibility and expected effectiveness of implementation;

(vi) To seek public, expert, sectoral advice and to address and justify different views;

(vii) Other issues requiring clarification.

The draft regulations should be delivered by the main holder of the drafting unit, which should be co-drafted by the main heads of departments.

The material included, inter alia, summary observations, research reports, etc.

The draft regulations submitted in article 16 do not meet the provisions of article 15 of the present article and the municipal rule of law sector may require the drafting unit to supplement the relevant material within 15 working days. The drafting cell did not meet the requirement, and the municipal rule of law sector would return the draft regulations to the drafting cell's deadline.

Article 17: The municipal rule of law sector conducts a review of the draft regulations, inter alia:

(i) In conformity with the principles established by the regulations;

(ii) Whether or not it is in accordance with the relevant laws and regulations;

(iii) Have the right to address the views and recommendations of citizens, legal persons or other organizations on the main issues of the draft regulations;

(iv) Technical requirements for compliance with regulations such as structural, provisions and legal terms;

(v) Other elements requiring review.

The Governments of the various districts (zone) and the municipalities should cooperate closely with the municipal rule of law sector in the review and coordination of the draft regulations.

The draft regulations do not meet the provisions of article 17 of the present article, and the municipal rule of law sector may modify directly or return to the drafting units.

Article 19 The municipal rule of law sector should send the draft revised regulations and their main issues to the relevant organs, organizations and experts for their comments.

The questions raised by the relevant organs, organizations and experts on the main measures involved in the draft regulations dealing with the consultation, the management system, the division of competence should be answered in writing at a time frame request.

Article 20 of the municipal rule of law should convene a coordination meeting with the participation of the relevant departments to coordinate the relevant issues covered in the draft regulations, to the extent that there is no agreement, and that the decisions of the communes should be taken on the basis of the reality.

The draft regulations were sent to cover the interests of citizens, legal persons or other organizations, with significant differences among citizens, legal persons or other organizations concerned, and that the drafting cell had not been made public in society during the drafting process or had held hearings, and the municipal rule of law sector could be made public and could hold hearings.

The draft article 22, which deals with important issues, should be held by the municipal rule of law authorities, organizations and experts at the colloquiums, analysts to hear views and research arguments.

At the time of the above-mentioned meeting, the drafting cell should be represented, present, heard and answered.

Article 23 provides an overview of all aspects of the municipal rule of law, amends the draft regulations, sets out draft regulations and review reports on the draft regulations, signed by the main heads of the municipal rule of law, and draws the consideration of the ordinary meeting of the Government of the city or the plenary.

The review should include the main issues to be addressed in the draft regulations, the main measures established, coordination with the relevant departments, expert opinions, the review of the law and other review elements.

The drafting cell reproduces a drafting note in accordance with the draft regulations established by the municipal rule of law sector review.

Article 24 shall be considered by the ordinary meeting of the Government of the city or by the plenary.

Article 25 considers the draft regulations by the municipal rule of law department or by the drafting body.

The Government of the city does not consider the draft regulations that are not included in the annual regulations and that are not reviewed by the municipal authorities.

Article 26 The municipal rule of law sector should modify the draft regulations in accordance with the decisions of the Standing Committee of the People's Government or the plenary, form regulations and report the mayor to sign orders and make them public.

The order of publication of the regulations shall contain the design organs, orders, names of regulations, dates adopted, dates of implementation, mayors and date of publication.

Following the publication of the Regulation, the Official Journal of the People's Government of Toolin and the Government's portal should be published in a timely manner.

The text of the regulations published in the Communiqué of the People's Government of the city is the standard text.

Following the publication of the regulations, the municipal rule of law sector should convene a press conference with the drafting units, and the municipal media units should be well-established.

Article 29 should be implemented after thirty days of the date of publication; however, it would not be possible to implement the regulations immediately after publication, which could be carried out from the date of publication.

Following the publication of the Regulation, the Government of the city shall submit the text of the Regulations and Rules in accordance with the provisions of the Legislative Act of the People's Republic of China (Act No. 337 of the State of the People's Republic of China) within thirty days as well as a presentation to the State Department of State, while the Permanent Committee of the People's Representatives of the Autonomous Region, the Government of the People of the Self-Government Zone and the Standing Committee of the People's Congress.

The municipal rule of law sector is responsible for the provision of specific reports.

Article 31 states that:

(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 are interpreted by the municipal rule of law sector, in accordance with the review process, to be published after the consideration of the approval by the Standing Committee of the People's Government.

Regulation interpretation is equally effective.

In one of the following cases, the Government of the People of the District, the Government of the Municipalities or the municipal rule of law sector should make proposals for amendments and repeals in a timely manner:

(i) The top law on the basis of the regulations has been amended or repealed;

(ii) The main elements of the regulations are replaced by the relevant superior law or other regulations;

(iii) Significant changes in the social realities regulated by regulations;

(iv) Other cases should be amended and repealed.

Amendments, repeals and regulations are implemented in accordance with the relevant provisions of the regulations.

The new text of regulations should be published in a timely manner, following changes in regulations.

Article 33 Requirements for the legislative activities of the Government of the city should be included in specific funding for the municipal rule of law sector, which is guaranteed by the city-level finance and ensure the smooth implementation of regulations.

In accordance with the approval by the Government of the city of drafting units for the implementation of regulations for the preparation of the annual work plan, the requirements for legislative activities should be included in the specific requirements of the unit.

Article 34 Governments of the city bring to the attention of the General Assembly and its Standing Committee the process of formulating draft local legislation, taking into account the provisions.

Article 55 of this provision is implemented from the date of publication.