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Xinyu City People's Government, Formulate Local Regulations And Regulatory Procedures

Original Language Title: 新余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

In order to regulate the procedures of the Government of the People of the city (hereinafter referred to as the municipality) to prepare draft local legislation to be submitted to the General Assembly or its Standing Committee (hereinafter referred to as the draft local legislation) and to establish municipal government regulations (hereinafter referred to as the regulations) to ensure the quality of the draft local legislation and regulations and to promote the construction of the rule of law government, in accordance with laws, regulations, such as the Law of the People's Republic of China, the Regulations and Rules of the Department of State, and to develop this provision in conjunction with the practice of the city.

Article 2

Article 3 procedures for the preparation of draft local legislation by the municipal authorities include the establishment, drafting, review, decision-making, drawing for consideration, and procedures for the development of regulations include the establishment, drafting, review, decision, publication, filing, interpretation.

Article IV, in accordance with the specificities and practical needs of the city, provides for the following matters in the areas of urban and rural construction and management, environmental protection, historical cultural protection, incompatible with the local legislation of different constitutions, laws, administrative regulations and present provinces:

(i) To implement the provisions of the law, administrative regulations and regulations, specific matters are required in accordance with the realities of the present administrative region;

(ii) Matters relating to local sexual matters requiring the development of local legislation.

Article 5 may provide for the following matters in the areas of rural and urban construction and management, environmental protection, historical cultural protection, in accordance with laws, administrative regulations and local legislation in the province:

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

(ii) Specific administrative matters of this city.

There are no laws, administrative regulations, local legislation and regulations that do not create norms that detract from the rights of citizens, legal persons and other organizations or increase their obligations.

Draft local legislation and regulations should be formulated in accordance with the following principles:

(i) In line with constitutional, legal, administrative and other superior laws;

(ii) In conformity with the statutory competence and in compliance with the statutory procedures;

(iii) In line with the practice of the city, highlighting local features and addressing practical issues;

(iv) Specific, clear and operational;

(v) The content already specified in the top law is generally not repeated.

Article 7

Article 8. The municipal rule of law institutions are specifically responsible for the development of draft local legislation and regulations by the municipal authorities.

The municipalities should work in accordance with this provision and their respective responsibilities.

Chapter II

Article 9 elaborates a draft local legislation, establishes regulations for the application of a declaration system.

In the relevant sectors of the city or in the district (zone) government, the Municipal Government considers it necessary to develop draft local legislation or regulations by the municipality, and to make applications available to the municipality.

Article 10 provides for the preparation of draft local legislation or the establishment of regulations, and shall provide clarifications on the need for legislation, the key issues to be addressed, the main systems to be established and accompany the draft local legislation, the first draft of the regulations and the legislative basis and reference information.

The declaration units should be sent to the municipal rule of law institutions by the end of August each year to the declaration provided for in the preceding paragraph; the overdue reports and the municipal authorities are inadmissible.

Article 11. The municipal rule of law institutions can openly identify legislative recommendations to society.

The municipal rule of law institutions may choose appropriate legislative projects from public solicitation legislative proposals and proposals of the Grand Representative of the Municipalities, and recommend that the relevant authorities of the municipal government apply.

An application involving the regulation of common government conduct may be made directly by the municipal authorities' rule of law institutions.

Article 12

The municipal rule of law institutions, prior to the publication of the annual legislative work plan for approval by the municipal authorities, should consult fully with the communes of the General Assembly on their local legislation and regulations.

Article 13, at the same time, meets the following conditions, may be included in the annual legislative workplan:

(i) The competence of local legislation and legitimacy;

(ii) Clear and impartial legislative purposes;

(iii) The need for legislation;

(iv) Develop a clear basis for the necessary, feasible and reasonableness of the proposed major systems and measures.

A declaration project consistent with the provisions of the previous paragraph and one of the following cases may be included as a priority in the annual legislative workplan:

(i) Urgent economic and social development;

(ii) In relation to major public interests and the significant public interest;

(iii) A proposal by a large representative to establish the basic maturity of the conditions in the proposals of the political agreement;

(iv) Urgently needed implementation of the law.

Article 14 states that one of the following cases is not included in the annual legislative workplan:

(i) Excluding legislative authority, incompatible with relevant legal texts or incompatible with national policy on approaches;

(ii) The law is being developed or amended;

(iii) A large number of overlapping provisions of the law;

(iv) The content of the norms to be regulated has not been studied in depth;

(v) The purpose of the legislation is to address specific issues such as the institutional, development and funding of units;

(vi) The need for development is not sufficient in the absence of practical and substantive elements.

Article 15

The annual legislative workplan could be adjusted in the context of the reality. In the absence of an annual legislative workplan, the relevant authorities should submit a written application to the municipal authorities for projects that are required to be urgently developed in the context of actual work, following a review by the municipal authorities.

Drafting

Article 16 was drafted by the municipality to consider draft local legislation, regulations and regulations.

The municipality may determine whether a department or a few sectors are specifically responsible for drafting the work; projects involving important administrative matters or regulating the common conduct of the Government can be identified as drafted or organized by the municipal authorities.

Drafting of local legislation, regulations may invite third parties, such as relevant organizations, experts, to participate, or to commission the drafting of relevant organizations, experts, etc.

Draft local legislation and regulations should be established by a drafting group with the participation of the head of the unit, relevant operational bodies and persons responsible for the rule of law, to develop a drafting plan for the timely and secure completion of the drafting mandate.

The municipal rule of law institutions should strengthen the guidance of the draft local legislation or the drafting of regulations, and, if necessary, may make observations and proposals based on the need for early participation in research, research and research.

Draft local legislation and regulations should be drafted in accordance with the following requirements:

(i) To effectively guarantee the legitimate rights and interests of citizens, legal persons and other organizations, while providing for their obligations to be fulfilled, by providing for the means to be achieved by their corresponding rights and guarantees;

(ii) To reflect the harmonization of the functions and responsibilities of the executive organs and, while giving the necessary authority to the executive branch, to establish conditions, procedures and responsibilities for their exercise and to avoid sectoral interest;

(iii) Reflecting the spirit of reform, scientific norms of administration, strengthening and improving the Government's economic regulation, market regulation, social management and public service functions;

(iv) To reflect the economic requirements of the socialist market and to refrain from creating elements such as local protection, market division or other obstacles to fair competition;

(v) In line with the principles of simplification, harmonization and effectiveness, the regulatory measures and procedures set out are conducive to improving administrative efficiency and to facilitate citizens, legal persons and other organizations;

(vi) It is in line with the city's situation that can effectively address practical issues and have some forward-looking;

(vii) Other requirements under laws, regulations.

Article 19 Draft local legislation, regulations and regulations should be developed in depth, taking stock of experience of practice and consulted widely, as required by the following:

(i) To seek the views of all levels of government (the Commission), the Government and the management target in the form of a request for advice, the convening of a consultation conference;

(ii) To request the views of the various communities of society and the general public through the media, such as newspapers, networks, which are usually not less than 30 days;

(iii) In relation to major legal issues or professional technical issues, research on science, feasibility is needed and expert scholars, professional technicians are invited to provide evidence, interviews;

(iv) The executive target has been established by industry associations and should be heard by industry associations.

Draft local legislation, regulations relating to the interests of citizens, legal persons and other organizations or bodies, organizations, citizens with significant differences in their views should also be organized in accordance with the following procedures:

(i) The public hearings shall be held and the drafting cell shall publish the time, place and content of the hearings by 30 days of the hearings;

(ii) The relevant organs, organizations and citizens participating in the hearings are entitled to question and comment on the draft local legislation or regulations drafted;

(iii) The hearings should produce a record of the main points and reasons for the record of the speaker;

(iv) Drafting units should carefully study the views reflected in the hearings, and draft local legislation, regulations should indicate the treatment of the hearings and their reasons when they are sent to the review.

Article 20 Drafts of local legislation, regulations relating to other sectoral responsibilities or to other sector relations should be fully consulted by the drafting cell. The drafting units have different views with other departments and should be fully consulted with the relevant departments; there is no consensus that the drafting cell should describe the situation and the reasons for the presentation of the draft local legislation, the draft regulations.

Article 21, Drafting local legislation, regulations and rules should be reviewed by the drafting body, which, through discussions at the relevant meetings of the drafting cell, form draft local legislation, regulations and issuances, and be submitted to the municipal review by the main heads of the drafting units; draft local legislation, regulations and draft articles, co-drafted by the two units, signed by the main heads of the drafting units.

The drafting cell shall submit the following materials to the municipal government when it reports the draft local legislation, the regulations are delivered.

(i) Request for review by the municipality;

(ii) The accompanying text and the accompanying notes;

(iii) A drafting note on the draft text;

(iv) Written observations of the relevant organs, organizations and citizens on draft local legislation, regulations for delivery, and materials negotiated and signed between the departments;

(v) Relevant legislative basis;

(vi) Other relevant materials.

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

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

(ii) Drafting process;

(iii) The main systems, measures and their legal basis to be established;

(iv) The views of the parties concerned, in consultation with the relevant sectors, the status of the meetings and the treatment of different views;

(v) Other issues that require clarification.

Article 24 should complete the drafting process and submit a review at a time, in accordance with the arrangements for the annual legislative work plan of the municipal government or at the request of the municipal government, and should submit written reports to the municipal authorities and be sent to the municipal authorities for the purpose of not completing the drafting process on time.

Review of chapter IV

Article 25 Draft local legislation, draft regulations and rules of delivery were reviewed by the municipal authorities' rule of law bodies and co-sponsored by the drafting units.

The municipal rule of law institutions conduct a review of the delivery of the draft, inter alia:

(i) Be in compliance with constitutional, legal, administrative and other superior laws;

(ii) Whether the main regime established is legitimate and necessary;

(iii) Whether there is coordination and interface with other relevant local legislation, regulations;

(iv) The legal and appropriate treatment of views on all aspects;

(v) In conformity with legislative technical requirements;

(vi) Other elements to be reviewed.

Article 26 The draft local legislation, the texts of the regulations are one of the following cases, and the rule of law institutions of the municipal government may suspend the review or return to the drafting unit and inform the reasons in writing:

(i) Not included in the annual legislative work plan of the municipal government, but also in addition projects approved by the municipality;

(ii) A major problem in legitimacy, feasibility or manifestly incompatible with national policy;

(iii) The existence of significant legislative deficiencies and the need for a comprehensive adjustment and modification;

(iv) There is greater controversy between the relevant departments or organizations regarding the main content and the drafting units are not consulted with them;

(v) The draft local legislation, the texts of the rules of procedure are not in accordance with article 21, article 22, article 23, and article 23.

Article 27 of the municipal rule of law institutions should seek the views of the relevant municipal authorities and counties (zone) Governments (the executive board), relevant organizations and experts in writing of draft local legislation, regulations and rules.

The relevant sectors of the municipal government and the authorities of the district (zone) should be carefully studied after the draft local legislation, regulations were sent, and the written observations of the Gain Unit were received on time; the written observations of the late written comments were not received from the written observations were processed without any opinion.

Article twenty-eighth municipal rule of law institutions should consult with the drafting units on the main issues involved in the draft local legislation, the texts of regulations, the in-depth study, the convening, investigation or public consultation of the relevant organs, representatives, politicians, parties to democracy, business alliances, non-partisanism, people's groups, social organizations, experts and citizens, and could provide feedback on their adoption.

Article 29 of the draft local legislation, the texts of regulations dealing with major and doubtless issues, the absence of a colloquium and a demonstration at the drafting stage, and the municipal rule of law institutions should coordinate the preparation of a colloquium, an organization, expert's participation by the relevant organs, organizations, experts, and a forum for the hearing of views and a study.

When the municipal rule of law institutions convene pre-defined meetings, the drafting cell shall be represented by the drafting body to present, hear and answer questions.

A third-party assessment was organized by the municipal rule of law institutions and drafting units, with the general focus on society, the important legislative and professional nature of intersectoral disputes and the draft regulations.

Article 33 Draft local legislation, regulations that directly involve the interests of citizens, legal persons or other organizations, the relevant organs, organizations or citizens have important differences in their views, the drafting units have not been made available to society in the drafting process or the holding of hearings, and the municipal rule of law institutions should coordinate the preparation of the hearings in accordance with article 19, paragraph 2.

Article 31 provides different views on the main measures involved in the draft local legislation, the regulatory system, the division of competence, which should be fully coordinated and agreed upon by the municipal rule of law institutions; it should not be agreed that the main issues, the views of the relevant sectors and the views of the municipal rule of law institutions should be presented to the municipalities.

The draft regulations were reviewed by the relevant municipal authorities before the consideration of the Standing Committee of the Municipal Government.

The heads of the drafting units and the relevant sectors should participate when the municipal rule of law institutions convene a coordination meeting or a meeting under the preceding paragraphs.

Article 32 should carefully study the views of all parties and, in consultation with the drafting units, revise the draft local legislation, regulations and draft articles, form a draft text for discussion on local legislation, draft regulations and statements.

The note should include the following:

(i) Develop draft local legislation, the need for regulations, the main issues to be addressed and the main measures established;

(ii) After review;

(iii) Coordination with the relevant sectors;

(iv) Treatment of views;

(v) Special notes on issues.

The draft local legislation discusses draft regulations, draft regulations and notes that, following signature by the main heads of the municipal authorities' rule of law bodies, the recommendations brought to the discussion or consideration at the municipal meetings.

Chapter V Decisions, publication and documentation

The draft local legislation, regulations and regulations should be decided by the Standing Committee of the Municipal Government.

In the discussion of the draft local legislation or in the consideration of the draft regulations, the Standing Committee of the Municipal Government made a statement by the Head of the Rule of Law Institutions of the Municipal Government to meet with the heads of departments concerned with the draft local legislation and the content of regulations.

Article XV of the municipal rule of law institutions should modify the draft local legislation, draft regulations and regulations, based on the discussions and deliberations of the Standing Committee of the Municipal Government, form a draft local legislation, draft regulations, and draft amendments, and request the mayor to sign them.

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.

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 institutions.

Article XVI of the Municipal Order should contain regulations, order, name of regulations, date of adoption, date of application, mayor of origin and date of publication.

The regulations should be implemented after 30 days of the date of publication; however, they would not be applied immediately after the publication would impede the implementation of the regulations and would be enforceable from the date of publication.

Article 37 should be published in a timely manner in the Official Journal of the People's Government of the New remaining city, the Government of China's Rule of Law Information Network and the New Horizon.

The text of the regulations contained in the Official Journal of the Forces nouvelles is the standard text.

Article 338 The municipal rule of law institutions should be reported within 30 days of the date of publication of the regulations to the Standing Committee of the General Assembly, the Provincial Government and the People's Representatives of the General Assembly.

Chapter VI Revision, repeal and interpretation

The executive body shall assess its implementation every three years after its implementation. The municipal rule of law institutions believe that, where necessary, an assessment can be organized by the executive body.

The assessment includes, inter alia, the understanding, acceptance of the regulations by the normative target, the achievement of the legislative objectives, the application of the post-implementation law costs, social costs and benefits arising, and problems in implementation. The assessment body should report the assessment of views and recommendations to the municipal government.

Article 40. Local legislation or regulations are one of the following cases, and the executive body or the municipal rule of law institutions should make proposals for changes and repeals to the municipality in a timely manner:

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

(ii) Be incompatible with the law, administrative legislation or other superior laws;

(iii) Significant changes in the objective circumstances of the normative matters;

(iv) Changes in the executive branch;

(v) After an assessment under the preceding article, it is considered necessary to modify or repeal;

(vi) Other cases should be modified or repealed.

The municipalities have proposed amendments, repeals of local legislation and procedures to amend and repeal regulations, taking into account this provision.

Article 40 should be formulated with local legislation but the conditions are not ripe for implementation of regulations that require the continuation of the implementation of the administrative measures provided for in the Regulations for the purpose of establishing local legislation, which shall be brought to the Assembly or its Standing Committee to establish local legislation; and the provisions of the Regulations shall be in effect.

Article 42 interprets local legislation and implements the provisions of the relevant legislation.

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

The provisions of the regulations require further clarity on the specific meaning or the new situation followed by regulations that require a clear application of the regulatory basis, which is made by the municipal rule of law bodies in reference to the regulatory draft review process, which is invited to be published upon approval by the municipality.

The interpretation of the regulations is equally valid.

Chapter VII

Article 44 editor publishes a compilation of the regulations for the official version and the external version, which is carried out by the municipal rule of law bodies in accordance with the relevant provisions of the editoral publication regulations of the Department of State.

Article 42