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Fuzhou Municipal People's Government Has Prepared A Draft Local Laws And Regulations Formulated Procedural Requirements

Original Language Title: 抚州市人民政府拟订地方性法规草案和制定规章程序规定

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Chapter I General

Article 1, in order to regulate the development of draft local legislation and regulations by the Government of the city (hereinafter referred to as the municipality) to ensure the quality of the draft local legislation and regulations, in accordance with the Law of the People's Republic of China, the Regulations of the State of the Republic of China, the Legislative Regulations of the State of the Southern Province, and the laws, regulations and regulations of the People's Government of the province to develop draft local legislation and the regulations and regulations.

Article 2 Procedures for the formulation of draft local legislation by the municipal authorities include setting up, drafting, reviewing, deciding, drawing up, consideration, and procedures for the development of regulations include setting, drafting, reviewing, deciding, publishing, filing, interpretation.

The municipal authorities propose amendments to local legislation and draft cases of repeal, taking into account the provisions.

The draft local legislation referred to in this article refers to the draft normative document on rural and urban construction and management, environmental protection, historical cultural protection, which is drafted in accordance with the provisions of this procedure by means of municipal government bills.

The regulations referred to in this provision refer to normative documents issued by the municipality in accordance with the legislative authority and the procedures set out in the present Decree on rural and urban construction and management, environmental protection, historical cultural protection.

Draft local legislation and regulations should be developed in accordance with the legislative principles established by the Law of the People's Republic of China, in accordance with the provisions of the Constitution, the law, administrative regulations and other superior laws, consistent with the specificities and practical needs of the city and uphold the economic and social development services of the city.

Article 5 Develop draft local legislation and regulations that should effectively guarantee the legitimate rights and interests of citizens, legal persons and other organizations, while providing for their obligations to be fulfilled, they should provide for ways in which their rights are realized.

The formulation of draft local legislation and the development of regulations should reflect the principle of “unitiveness and responsibility” of the executive branch, while giving the necessary authority to the relevant administrative organs, the conditions, procedures and responsibilities for their exercise should be established.

Article 6

(i) The preparation of the draft annual legislative plan of the municipal government, which was implemented by the municipal authorities;

(ii) To review, promote, guide the drafting of draft local legislation or regulations in a timely manner, in accordance with arrangements for the annual legislative plan of the municipal government, for the drafting or organization of draft local legislation or regulations for the drafting or drafting of the draft local legislation or regulations in the circumstances set out in article 18 of this provision;

(iii) Review, coordination and modification of draft local legislation or regulations to be delivered;

(iv) Servicing and interpretation of specific regulations;

(v) Post-communication assessment and regulatory clearance of municipal government legislation;

(vi) The municipalities are responsible for the preparation of draft local legislation and other work on regulations.

Article 7. The preparation of draft local legislation and the development of regulatory requirements are included in the annual financial budget, which is requested by the municipality's rule of law institutions to establish an integrated arrangement for legislative funding, management of the executive branch and harmonization of the allocation mechanism.

Chapter II

Article 8. The municipal rule of law institutions should start in early July to solicit proposals from citizens, legal persons and other organizations for the preparation of draft local legislation and regulations for the next year of the government-owned, district (zone) government; and to seek proposals from citizens, legal persons and other organizations for the development of draft local legislation and regulations, including through the media, government websites or the adoption of questionnaires.

Article 9. The municipality-owned sector, the district (zone) Government considers it necessary to submit to the municipal authorities the draft local legislation or the establishment of a regulatory application. The application shall provide clarifications on the need, feasibility, legislative basis, key issues to be addressed, the main regime to be established, and accompany the preliminary draft project. The application shall be subject to the approval by the principal head of the applicant's office and the addition of the public chapter of the unit.

Citizens, legal persons and other organizations may submit to the municipal authorities draft local legislation or legislative recommendations for regulations, and make written statements on their need, the main issues to be addressed and the main systems to be established.

The application, legislative recommendations are generally submitted to the municipal rule of law institutions by 31 August each year.

Article 10 The municipal rule of law institutions should provide a summary of the application and legislative recommendations and develop draft municipal government annual legislative plans, including through thematic studies or the convening of a coordination meeting, a demonstration.

In accordance with the needs of the municipal rule of law institutions, a study on legislative subjects could be organized and the results of the publication of the topic report would be the main basis for formal project legislation.

Article 11. The project to be included in the annual legislative plan of the municipality shall be in accordance with the following conditions:

(i) In line with the local legislative competence of the city;

(ii) Clear and adequate legislative purposes and the need for local legislation or regulations;

(iii) Realizing the economic and social development and administration of my city, legislative conditions;

(iv) The key systems and measures to be established are necessary and feasible.

Article 12 states that:

(i) The legislative purpose is not in accordance with the political party and the basic national approaches, policies that do not meet the requirements for economic development in the socialist market and changes in government functions;

(ii) A large number of references to the replication of legal, administrative or other law provisions, without substantive content, and the need for legislation is not sufficient;

(iii) No in-depth study of the content of the norms to be regulated by the project, which is not conclusive to the main issues, and legislative time is not ripe;

(iv) Other matters that need not be addressed through the development of local legislation or regulations.

The same legislative project has been included in the National People's Congress Standing Committee, the State Department's legislative plan, the Provincial People's Congress Standing Committee, the provincial government legislative plan, or the relevant departments of the State Department are in the process of legislation and is generally not included in the annual municipal government legislative plan.

Article 13

The municipal rule of law institutions, prior to the approval of the municipal government annual legislative plan, should consult fully with the authorities of the General Assembly on behalf of the Standing Committee on the rule of law and ensure that the annual legislative plan of the municipal government is aligned with the legislative planning and annual legislative plan of the Standing Committee of the Assembly.

The draft annual municipal legislative plan should clarify the name of the legislative project, the drafting unit and the time taken to send the municipal government.

Article 14. The draft annual legislative plan of the municipal government, which was adopted by the Standing Committee of the Municipalities, was issued by the Office of the Municipal Government and published to society.

Article 15 proposes or adjusts the annual legislative plan due to special circumstances, shall seek in writing the advice of the municipal rule of law institutions, and shall be submitted to the municipality after the municipal rule of law body makes the comments.

Drafting

Draft local legislation and draft regulations are generally drafted by the declaring units or sectors.

The projects submitted by citizens, legal persons or other organizations are determined by the Municipal Council of Rule of Law, in consultation with the relevant departments, or by the municipality to establish drafting units.

Article 17 Drafting units to draft local legislation and regulations, and other relevant units should provide information on relevant areas, institutional and measures, relevant information, and work in line with the drafting needs:

(i) Participation in the drafting of the draft;

(ii) To assist in activities such as legislative research;

(iii) To assign coordination among relevant heads on important issues.

Article 18

(i) With regard to common administrative acts or multiple sectoral responsibilities, it is difficult to identify drafting units;

(ii) Legislation on important administration and more comprehensive matters;

(iii) Other needs to be drafted or drafted by the municipal authorities' rule of law institutions.

Article 19 The municipal rule of law institutions or drafting units lead to the organization of relevant experts, legislative staff and law enforcement staff, the establishment of drafting groups to carry out legislative work, or the drafting of relevant experts, higher institutions, scientific institutions or social organizations.

Article 20 sets out the draft local legislation and the drafting body of regulations by way of commissioning the following conditions:

(i) Persons familiar with legal and related expertise;

(ii) Practical experience or research results in relevant areas;

(iii) Other conditions that are adapted to the mandate.

Article 21, Draft local legislation, regulations and regulations should be drafted in-depth study of the study, taking stock of practical experience, conducting a full argument, and consulted widely in accordance with the following provisions:

(i) To seek the views of district (zone) governments, relevant sectors of the municipality and the relative administration of the administration, in the form of a request for advice and a consultation meeting.

(ii) In addition to the need for confidentiality, the draft local legislation and regulations should be openly consulted through the media, such as networks or newspapers, for a period not less than thirty days.

(iii) The draft local legislation includes one of the following cases, or one of the following paragraphs, 3, 4 and should invite relevant departments, representatives of social organizations and expert scholars, industry representatives to convene legislative arguments:

It is proposed to establish administrative licences, administrative coercive measures or administrative penalties;

Significant matters related to reforming the development of a stable bureau;

Professional, technically sound;

The complexity of the situation is wide-ranging.

(iv) In one of the following cases, the draft local legislation and regulations should be followed by a legislative hearing involving a relative representative of the administration, a representative of the social public, a representative of the human person and a member of the government, and the hearing procedure is governed by the relevant provisions:

(a) Individuals, legal persons or other organizations are directly involved in the adjustment of major interests, or there are significant differences in views among the relevant sectors, organizations or citizens;

Legal provisions stipulate that legislative hearings should be held.

The adoption of the relevant legislative advice should be accompanied by feedback in some form.

The holding of legislative hearings and hearings should result in relevant reports and serve as an important reference to the development of draft local legislation and regulations.

The draft local legislation for comment and the draft regulations should be reviewed by the rule of law body of the drafting body, which, through collective discussions of the drafting cell, form draft local legislation, regulations and issuances, and be signed by the main drafting body heads; and a copy of the draft articles prepared jointly by several units should be signed by the main heads of the drafting units.

Article 24 shall inspect, promote, direct and coordinate the implementation of the annual legislative plan by the drafting units.

Drafting units should complete the drafting and delivery of the draft in accordance with the time required by the annual legislative plan established by the municipality.

As special circumstances cannot be completed or will be required to complete the drafting and delivery process, the drafting cell should submit a written statement to the municipal authorities of the rule of law, which is to be submitted by the municipal authorities to deal with the decisions of the municipality.

Review of chapter IV

Article 25 The drafting cell shall submit the following materials to the municipal government when presenting a draft local legislation or a draft regulations to the municipality:

(i) Request for review by the municipality;

(ii) Texts and electronic texts of drafts;

(iii) Drafting notes and electronic texts of the draft articles;

(iv) Materials for consultations between the relevant organs, organizations and citizens on the main issues of the delivery of the draft articles and departments; hearings, arguments should be accompanied by hearings, statements of evidence;

(v) Relevant basis for development;

(vi) Other relevant materials.

A drafting note on the draft local legislation or a draft regulations to be delivered shall include the following:

(i) The need for the development of normative matters and the status of normative matters;

(ii) After drafting;

(iii) Major measures and their legal basis;

(iv) The views expressed, the consultations of the relevant sectors and the treatment of different views;

(v) Other issues that require clarification.

Article 27 of the Drafting Unit sent the draft local legislation or regulations to the municipal authorities for the purpose of signing observations, and then to the municipal authorities for the review.

Article 28 provides that the municipal rule of law bodies receive draft local legislation or a copy of the regulations and the related material shall be reviewed within five working days on whether they are in compliance with the reporting process, whether the material is fully.

Reports are incomplete, and the municipal rule of law institutions should request that the drafting cell be added to the deadline; that it is not in compliance with the reporting process, that the material was not later completed and that the drafting cell should be reorganized.

Article 29 is in line with the request for delivery, and municipal rule of law institutions should conduct a comprehensive review of the delivery and focus on the following:

(i) Legality of legislation: whether it is in compliance with legislative competence, whether it is in conflict with the superior law, that there is no violation of measures such as the granting of administrative licences, administrative sanctions, administrative fees, etc., without any law restricting the rights of citizens, legal persons and other organizations or an obligation to add them to the law;

(ii) The need for legislation to implement the law on top law, follow up on the deployment of central and provincial, municipal decision-making, guarantee the necessary legislative requirements for reforming the stability of development and address issues in administration;

(iii) The feasibility of legislation: whether the main systems and management measures to be established are conducive to improved administration and are user-friendly, and whether the legislative time is ripe for citizens, legal persons and other organizations to exercise their rights and fulfil their obligations;

(iv) The reasonableness of legislation: whether it reflects the principle of harmonization between the functions and responsibilities of the executive branch and is in conformity with the principles of simplification, harmonization, effectiveness and compliance with the requirements for functional transformation, whether it is conducive to the maintenance of the public interest of the society and whether the legitimate rights and interests of citizens, legal persons and other organizations are guaranteed;

(v) The normativeity of legislation: whether structural examples are scientific, complete and inherently sound, and whether the provisions are clear, regulated, whether the language is concise, accurate and consistent with the relevant legislative technical norms;

(vi) The publicity of legislation: there is no rule in which the views of the relevant executive organs, the relatives of the administration and the other public are heard, without any reasonable views and proposals from all parties and there is no sufficient coordination of the differences of views;

(vii) Other elements requiring review.

Article 33

(i) Not included in the annual legislative plan of the municipal government, but also without approval by the municipality;

(ii) Basic conditions are not mature or are not necessary;

(iii) The main elements are largely separated from practice or are not properly strengthened sectoral powers, emphasizing sectoral interests and requiring significant changes;

(iv) The main content of the draft local legislation or regulations to be delivered is largely controversial and the drafting cell does not consult with the relevant departments, agencies;

(v) There are serious deficiencies that require a comprehensive adjustment;

(vi) None of the other provisions of chapter III of this provision.

Article 31: The municipal rule of law body shall communicate the draft local legislation, the draft regulations, the texts of which are sent to the immediate relevant units of the city, the authorities of the district (zone), relevant organizations and experts to seek advice.

After having received a request for comments from the municipality's immediate units, the authorities of the district (zone) should receive timely feedback on the written observations of the Gatesi Unit's chapter. The written comments were not received after delay and were dealt with without any opinion.

Article 32 of the municipal rule of law institutions should conduct in-depth investigations into the main issues covered by the draft local legislation, the draft regulations, and the draft texts of regulations, as well as the views of the executive authorities, the executive counterparts and other organs, organizations, citizens.

With regard to important issues, the municipal authorities of the rule of law should bring to the municipal authorities or themselves the holding of colloquiums, opinions, which were attended by relevant units, experts.

When the municipal rule of law institutions convene the above-mentioned meeting, the drafting cell should be represented by a representative to present, listen and answer questions.

Article 33 does not make public consultation or hearings available to society in the drafting process, as set out in this article, and the municipal rule of law institutions should return the draft local legislation, regulations to the drafting units, or may seek advice or hold hearings directly to society.

Article 34 of the relevant units has different views on the main elements involved in the draft local legislation, the texts of regulations, and the municipal rule of law institutions should be coordinated and agreed; there is no agreement or a greater intersectoral controversy, and the municipal rule of law institutions should be brought to the municipal government to convene a coordination decision on thematic meetings.

Article XV of the municipal rule of law institutions should carefully study the views of all parties, modify the draft local legislation or regulations, in consultation with the drafting units, form a draft discussion of local legislation or draft regulations and clarifications. It should include the need for development, the review, the main issues to be addressed, the establishment of key measures, coordination with the relevant sectors, the hearings and the adoption of views, and other issues to be described.

The draft local legislation discusses or draft regulations and notes that are signed by the principal holder of the rule of law of the municipal government, making recommendations for discussion or consideration at the Standing Committee of the Municipal Government.

The draft local legislation and regulations were sent to the municipal rule of law mechanism for a review period not less than ninety days.

Chapter V Decisions, publication and documentation

Draft local legislation, regulations and regulations should be discussed or considered by the Standing Committee of the Municipal Government.

In the discussion of the draft local legislation or the draft regulations, the Standing Committee of the Municipalities made a presentation by the municipal authorities' rule of law bodies or drafting units.

The Drafting Unit shall, in accordance with the views discussed or considered by the Standing Committee of the Municipal Government, revise the draft text of local legislation or draft regulations in a timely manner, form a draft local legislation, draft regulations, and draft amendments, and transmit to the municipal authorities for review, the mayors are invited to sign. The draft local legislation was signed by the Mayor and brought to the General Assembly or its Standing Committee for its consideration; the regulations were published by the mayor's signing of the municipal order.

Article 338 brings the draft local legislation to the General Assembly or its Standing Committee, which should be accompanied by the text of the draft local legislation and its statements, the basis of materials and other necessary materials.

Article 39 Orders for publication of regulations should include the establishment of organs, orders, titles of regulations, dates adopted and the name of the meeting, date of implementation, mayors and date of publication.

The regulations are not promulgated.

Article 40 shall be published in a timely manner, after the publication of the Regulations, in the full text of the State Day and the municipal government portal. The text of the regulations published in the Communiqué of the People's Government of the State is the standard text.

Article 40 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.

Article 42 stipulates that, within thirty days of the date of publication, the municipal authorities of the rule of law are sent to the Department of State under the relevant provisions, the General Council of Governors, the provincial and municipal councils.

Chapter VI Interpretation, assessment, modification and repeal

Article 43 states that:

(i) The relevant provisions of the regulations need to further clarify specific meaning;

(ii) A new situation after the regulations have been developed will require clarity on how to be specific.

The regulations explain that the municipal rule of law institutions are advised in the light of the relevant procedures set out in the present article and are published after the approval of the municipal government.

The interpretation of the regulations is equally valid.

Article 44 provides for the implementation of regulations for a period of three years, with the participation of the municipal rule of law institutions and the organization of regulatory implementation assessments; if necessary, third parties can be entrusted with independent assessment. The assessment is presented to the municipalities.

The main elements of the assessment include: the understanding, acceptance of the regulations by the normative target, the achievement of the legislative objectives, the application of post-implementation law costs, social costs and benefits arising, and problems in implementation.

Article 42 should organize regular clearance of regulations by the municipal rule of law institutions.

Article 46, local legislation or regulations, in one of the following cases, should be made promptly by the executive body or the municipal rule of law institutions to make proposals for amendments, repeal of regulations or amendments to local legislation and repeal of the draft articles:

(i) Incompatible or incompatible with the provisions of law, administrative legislation or other superior laws;

(ii) Significant changes in objectivity in matters regulated;

(iii) Changes in the executive branch;

(iv) After an assessment of article 44 of the present article, it is considered necessary to modify and abolish it;

(v) Other cases should be amended and repealed.

Chapter VII

Article 47 is edited to publish a compilation of regulations, which are implemented by the municipal authorities in accordance with the relevant provisions of the editoral publishing regulations.

Article 48