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Ganzhou City People's Governments To Develop Regulations And Prepare Draft Local Laws And Procedures

Original Language Title: 赣州市人民政府制定规章和拟订地方性法规草案程序规定

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Chapter I General

Article 1 ensures the quality of legislation, in accordance with the Law of the People's Republic of China, the Regulations of the State Department, the drafting of draft local legislation and the development of regulations and regulations, in order to regulate the Government of the Republic of Korea.

Article 2, paragraph 2, refers to normative documents developed by the municipal government within the legislative authority and issued in the form of a municipal government order.

The draft local legislation referred to in this provision refers to legislation prepared by the municipality within the legislative authority and brought to the Assembly or its Standing Committee.

Article 3.

Article IV. Procedures for the establishment of regulations by the municipal government include the establishment, drafting, review, decision, publication, filing, interpretation; procedures for the formulation of draft local legislation include subparagraphs, drafting, reviewing, deciding and drawing up consideration.

Article 5

Article 6 establishes regulations and draft local legislation, which should be guided by the following principles:

(i) The legislative principles established in the legislation law are consistent with the provisions of the Constitution, the law, administrative regulations and other superior laws;

(ii) To guarantee the principle of the legitimate rights and interests of citizens, legal persons and other organizations, without legal, regulatory grounds, and regulations shall not create norms that detract from the rights of citizens, legal persons and other organizations or increase their obligations;

(iii) The principle that the functions and responsibilities of the executive organs are consistent with the responsibility of the executive organs, while giving the necessary authority to the relevant executive organs, the conditions, procedures and responsibilities for their exercise should be set out;

(iv) Reform of the principles of innovation and simplification, harmonization and effectiveness, simplification of administrative procedures and the facilitation of changes in Government functions;

(v) In line with the reality of the city, it is operational to highlight local features and adapt to the needs of economic and social development.

Article 7. The name of the regulations generally refers to “the provision”, but no “the regulations”.

The name of the draft local legislation generally referred to as “regulations”, or “the way” etc.

Article 8 should be developed and draft local legislation should be in line with legislative technical norms, structure and clarity, terminology accuracy and clarity.

Article 9 establishes regulations and draft local legislation under the unity of the municipal government.

The municipal rule of law sector is the competent authority for the development of regulations and the preparation of draft local legislation with specific responsibility for:

(i) To collect, review legislative projects, legislative recommendations, prepare annual legislative workplans of the municipal government, establish a legislative project bank and organize annual legislative work plans for the implementation of the municipal government;

(ii) Draft or organize a draft comprehensive regulations and local legislation;

(iii) To promote, guide, coordinate and implement legislative-related work in the municipalities, municipalities and relevant units;

(iv) A review of the regulations sent by the drafting cell, the draft local legislation and the draft legislation on sexuality, and a review by the municipality;

(v) Resolves, compilations;

(vi) Other work related to municipal legislation.

The municipalities and relevant units should be prepared in accordance with their responsibilities and organization of work, in conjunction with the legislative work of the municipal authorities' rule of law.

Article 10 provides for the development of regulations and the preparation of draft local legislation and regulations to be included in the annual financial budget of the municipal government.

Chapter II

Article 11. The rule of law sector of the municipal government should be charged with the next annual legislative recommendation project to the provincial (commune, district) government, municipal authorities and relevant units in early September, which may also be open to the society, as required.

The authorities of the districts (markets, districts) and the municipal authorities and related units are of the view that regulations are needed, the drafting of a draft local legislation should be made available to the municipal authorities for application.

Citizens, legal persons or other organizations may make legislative recommendations directly to the municipal authorities.

The deadline for the collection of legislative recommendations, the submission of applications or legislative recommendations is at the end of October of each year.

Article 12 provides for an application or legislative recommendation, which shall include the following:

(i) The name of the draft regulations, local legislation and regulations;

(ii) The need, feasibility;

(iii) The main purpose of legislation and the main issues that need to be addressed;

(iv) The main systems and measures proposed;

(v) The basis for the draft regulations, local legislation and regulations.

An application should also be proposed for legislative progress.

Article 13 may include in the annual legislative workplan the application or legislative recommendations consistent with the following conditions:

(i) It is the legislative authority of the city;

(ii) The need for legislation;

(iii) Clear legislative purposes;

(iv) The main systems and measures to be set are legitimate and feasible.

Article XIV meets the conditions set forth in article 13 of this provision and may include priority in the annual legislative workplan:

(i) Urgently needed implementation of the law;

(ii) Closely linked to the deployment of major decision-making in the city, which is important for promoting stability in development;

(iii) The bill of the Principality of the city, the proposal of the members of the Municipal Union, which is more concentrated and the basic maturity of the legislative conditions;

(iv) An important breakthrough in this city's reform innovation, which has a better basis for practice.

Article 15 does not include an annual legislative workplan in one of the following cases:

(i) Beyond legislative competence;

(ii) Legislative conditions are not ripe;

(iii) The main legislative basis being revised;

(iv) The purpose of the legislation is not clear or the main purpose of the legislation is to address specific issues such as institutional, development, funding, etc.;

(v) There is no need for regulations or local legislation.

Article 16 states that the municipal rule of law sector should conduct a summary of the application, legislative recommendations and, in consultation with the relevant units, develop the Government's next annual legislative work plan and report the approval of the municipality. Legislative conditions or timeless applications, legislative recommendations are included in the legislative project bank by the municipal authorities' rule of law as an alternative project for future years of legislation.

The municipal rule of law sector will submit annual legislative workplans for approval by the municipal government, which should be consulted with the authorities of the General Assembly on local legislation and regulations.

Article 17

Following the publication of the annual legislative work plan of the municipal government, the relevant sector should submit a request to the municipal rule of law sector for inclusion in the legislative workplan for the year, with the consent of the municipality.

Chapter III

Article 19 may determine whether a unit is responsible for drafting work or is co-leaded by a unit.

Draft regulations and local legislation could be drafted to invite relevant organizations, expert scholars to participate or to entrust the relevant organizations, expert scholars with drafting.

Article 20 Drafting or leading drafting units should establish drafting groups, implement responsibility leadership, drafting and working requirements, organize research and study by drafters and complete drafting mandates on time.

Article 21, the rule of law sector of the municipal government should strengthen the guidance on drafting and could be involved in the drafting process in advance, with the participation of the author in the research and study organized by the drafting cell. Draft local legislation could be drafted by the drafting unit to invite the representatives of the city to participate in the drafting process in advance of the relevant specialized committee or its Standing Committee working bodies.

Draft regulations and local legislation should be drafted and research studies should be carried out to take stock of practical experience and to listen widely. The hearings can take a variety of forms, such as written requests for views and the convening of a colloquium.

During the drafting process, there were significant differences in views among the relevant units and the drafting cell should organize consultations.

The draft regulations and local legislation, drafted in article 23, deal with the issue of greater professionality, should invite the expert scholars concerned to make an argument.

The draft regulations and local legislation drafted directly relate to the interests of citizens, legal persons or other organizations, the existence of significant differences of opinion or the strong social reaction, and the holding of hearings and the conduct of a social stabilization risk assessment.

The drafting or lead drafting units should form regulations, draft local legislation texts, and drafting notes that, together with the legal, regulatory and policy documents, the solicitation of inputs and other related materials, the municipal government should be reported.

The draft regulations, local legislation and drafting notes should be signed by the main lead of the drafting cell; several units are co-drafted and should be signed by the principal heads of the relevant units.

A drafting note on the draft regulations, local legislation and draft texts of the draft texts should include the following:

(i) The need for and feasibility of legislation;

(ii) The main basis for legislation and the drafting process;

(iii) Key elements identified;

(iv) Adoption of views and coordination and treatment of differences;

(v) Other issues requiring clarification.

Chapter IV

The draft regulations and local legislation were sent to review by the municipal authorities' rule of law sector and the review included:

(i) Whether or not there is a violation of the law or of other regulations, local legislation;

(ii) Whether feasibility and operational;

(iii) There is greater controversy among the relevant units with regard to the main content, and whether the drafting or leading drafting units organize consultations;

(iv) Be directly concerned with the interests of citizens, legal persons or other organizations, whether there are significant differences of opinion or social reactions between citizens, legal persons or other organizations, and whether a risk assessment of hearing and social stability has been conducted;

(v) In conformity with legislative technical norms;

(vi) Other elements to be reviewed.

The draft regulations and local legislation were delivered in one of the following cases, and the municipal authorities' rule of law could return to the drafting unit and explain why:

(i) Be incompatible with the provisions of the superior law or conflict with other regulations and local legislation in the city;

(ii) A large number of reproducing the provisions of the law, with no substantive content or key elements being significantly removed from practice, without the feasibility and operational character;

(iii) There is a greater controversy among the relevant units with regard to the main content, and the drafting or leading drafting units do not organize consultations;

(iv) Be directly concerned with the interests of citizens, legal persons or other organizations, where there are significant differences of opinion or social reactions between citizens, legal persons or other organizations concerned, and the drafting cell does not conduct a risk of hearing and social stability;

(v) The existence of serious deficiencies in legislative technology and the need for a comprehensive adjustment;

(vi) Other cases requiring return.

Article 29 of the municipal rule of law sector should send the draft regulations and local legislation to the district (communes, districts) government, the municipal authorities concerned to seek advice and organize the necessary research studies.

The rule of law of the municipal government can be consulted publicly by the media such as newspapers, networks, directly involving the interests of citizens, legal persons or other organizations.

There was no agreement at the drafting stage that the rule of law of the municipal government should organize further coordination among the units concerned and listen to views in a variety of ways, as required.

Article 33 The municipal rule of law sector should carefully study the views of all parties and, in consultation with the drafting units, revise the draft regulations, local legislation and draft regulations, form draft regulations and notes, and draft local legislation discussions and notes.

Draft regulations and narratives, draft local legislation discussions and notes were signed by the main heads of the rule of law sector of the municipality and brought to the consideration of the Standing Committee of the Municipal Government.

Chapter V Decisions, publication and documentation

The draft regulations and local legislation were considered by the Standing Committee of the Municipal Government.

In considering the draft regulations and the draft local legislation, a statement was made by the municipal authorities' rule of law sector, drafting units and key heads of departments relevant to the draft regulations, local legislation and draft text discussions.

Article 33 The municipal rule of law sector should organize amendments to the draft regulations, local legislation and draft discussions, based on the deliberations of the Standing Committee of the Municipal Government, to amend the post-release request to be signed by the municipality.

The regulations are published by the mayor's signing of the municipal order; the draft local legislation is signed by the Mayor and brought to the General Assembly or its Standing Committee.

The draft local legislation, which was brought to the attention of the General Assembly or its Standing Committee, is described by the drafting unit or by the main heads of the municipal rule of law sector.

The third article should be published in a timely manner following the signing of the publication of the Official Journal of the People's Government of the Republic of California, the Government of China's Rule of Law Information Network, the National Government's website and the Southern Day.

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

Article 33 15 should be implemented after thirty 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.

Article 36 shall be submitted by the State Department of the Rule of Law of the Municipal Government within thirty days of the date of publication to the General Assembly by law, the Permanent Committee of the Provincial People's Representatives, the provincial and municipal councils.

Chapter VI Interpretation, modification and abolition

Article 37 contains one of the following conditions, which are interpreted by the municipality:

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

(ii) A new situation after the regulations have been developed to determine how to apply.

The interpretation of the regulations is made by the municipal authorities' rule of law sector and is made available after the approval of the municipal government.

The interpretation of the regulations is equally valid.

Article 338 contains one of the following cases, which are proposed by the municipal authorities' rule of law to the municipal government for amendments and repeals:

(i) Be inconsistent with the provisions of the new laws, administrative regulations or other superior laws;

(ii) Significant changes in objectivity in matters regulated;

(iii) Other cases should be revised and repealed.

Amendments to regulations and procedures for repealing procedures are implemented in the light of the relevant provisions of the procedure.

Chapter VII

Article 39 provides for the operation effective 1 October 2016.