Maoming Municipal People's Government Development Of Local Regulations And In The Government Regulatory Procedures

Original Language Title: 茂名市人民政府拟定地方性法规草案和制定政府规章程序规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$9.99.
  Chapter I General provisions article in order to regulate the Municipal Government to develop local regulations and government rules and procedures, improving the quality of local regulations and Government regulations, according to the legislation law of the people's Republic of China and the State Council of the rulemaking Procedure Ordinance, Guangdong Province local legislative provisions of the Ordinance and other laws and regulations, combined with the city's actual, these provisions are formulated.

Second municipal people's Government prepare draft local laws and Government regulations, these provisions shall apply.

Local regulations mentioned in article III of the regulations, refers to the drafting by the municipal people's Government, municipal government motion drew attention to the municipal people's Congress and its Standing Committee consideration of regulatory documents.

Government regulations in these rules refers to municipal Government developed and published in the form of municipal government implemented regulatory documents.

Fourth article draft local laws and Government regulations should be consistent with the Constitution, laws, administrative regulations and other computer law, guided by the legislation law of the people's Republic of China and the State Council procedures regulations the regulations set out the legislative principles and rights, based on the facts of the city, highlighting local characteristics.

Fifth draft local regulations generally refer to the name of "Bill" and "implementation", "provisions" and other government regulations generally refer to the name of "rules", "measures" shall not be called "regulation".

Sixth draft local laws and Government regulations should be consistent with the legislative-technical specification, structured, clear and concise wording accurate, provisions in specific.

Has been clearly defined by laws and regulations, local laws and Government regulations, in principle, the draft provisions will not repeat.

Article seventh municipal people's Government legal guidance, supervision and overall coordination of elaboration of the draft local regulation and the development of government regulations, review of local regulations and draft regulations of the Government.

District and municipal people's Government at the county level, coastal area management committee, the high-tech zone management committee, the shuidong Town Committee, directly under the municipal government departments, institutions, laws and regulations authorize the management of public affairs organizations shall, in accordance with their respective responsibilities, the responsibility for drafting local laws and Government regulations, with the legislative work of the Government.

Eighth article local regulations and in the Government regulatory requirements included in the annual budget.

Chapter project Nineth of municipal people's Governments shall, according to the municipal urban and rural construction and management, environmental protection and protection of historical and cultural needs, proposed local laws and proposed projects and the preparation of annual plans of government regulations.

Tenth Article city government legal institutions should Yu annual October 1 Qian to district, and County City Government, Marina District Management Committee, and high-tech District Management Committee, and water East Bay Metro Management Committee, City Government composition sector, and directly under the institutions, and legal regulations authorized management public affairs of organization collection Xia a annual local regulations and Government regulations recommends project, and to social released collection Xia a annual local regulations and Government regulations recommends project of announcement. 11th district and municipal people's Government at the county level, coastal area management committee, the high-tech zone management committee, the shuidong Town Committee, directly under the municipal government departments, institutions, laws and regulations authorize the management of public affairs organizations need next year to formulate local laws or Government regulations, legislative proposals should be submitted to the municipal people's Government legal agencies. Legislative proposals, should be submitted to the municipal people's Government legal agencies submit the following materials: (a) the legislative proposal project proposals.

Includes the names of local laws or Government regulations; the necessity and feasibility of developing needs to solve the main problem; the proposed system; according to the laws, regulations, rules and policies; research demonstrates the drafting schedule plan submitted to the municipal people's Government of the time.

(B) local laws or Government regulations in the draft proposal.

12th the citizens, legal persons and other organizations laws and Government regulations of the proposed project, you can just put forward legislative proposals to the project name and the main reason. Article 13th local laws and Government regulations of the proposed project should be in municipal legal agencies call for legislative proposals raised during the project.

Of late, are generally not included in the next annual local laws and Government regulations proposed scope of the project.

14th municipal people's Government legal agencies should be on local laws and Government regulations make clear the proposed project summary, according to the actual need by project coordination, feasibility study meeting or thematic research and other ways to listen to and study the views and recommendations formed the next year local regulations the proposed project proposal and government regulation plan proposed for the year, reported to the Standing Committee of the municipal people's Government for consideration.

15th local regulations considered by the Standing Committee of the municipal people's Government after the adoption of a proposed project, Office of the municipal people's Government shall be submitted to the municipal people's Congress Standing Committee.

Annual plans of the Government regulations considered by the Standing Committee of the municipal people's Government after the municipal people's Government Office should be issued in a timely manner, and to the public. After the 16th Government regulations identified in the annual development plan, drafting units should be organized according to the plan implementation shall not be adjusted.

Municipal government bodies overseeing the implementation of the legal system.

Absolutely necessary to make adjustments to the annual plans of the Government Regulation, raised by adjustments to the municipal people's Government to revise the recommendations.

Draft chapter drafted 17th in local regulations and the drafting of the regulations, by a legislative proposal units or departments in charge of the project.

Draft local laws and Government regulations, mainly related to two or more government departments or the main content are significant and complex, can be drawn up by the joint consultation units, or drafting units designated by the municipal people's Government, the relevant units involved in together to complete the drafting work.

Drafting units according to the needs, can be entrusted to the relevant organizations, expert drafting.

Article 18th draft local laws and Government regulations should be fully investigated, through written comments, public consultation or seminar, feasibility study meeting, hearings and expert advice, and other forms and listen to views from all sides. Article 19th when local laws and Government regulations for public comment on the draft should be adopted by the municipal people's Government Portal site portal Web site for public comment, drafting responsibilities units, normally not less than 30th.

Acceptance and processing of public opinion, should be addressed in an appropriate manner for feedback.

20th draft local regulations in any of the following circumstances, held feasibility study meeting to hear views of legislation: (a) the proposed establishment of an administrative license, the administrative coercive measures, (ii) major issues involving the overall situation of reform, development and stability, (iii) professional, technical, and (d) the situation is complex, involving a wide range of aspects.

Government regulations mentioned in sub-paragraph (b), (c), (d) circumstances, shall convene a legislative feasibility study meeting to hear views.

This feasibility study meeting should be invited to relevant departments, representatives of social organizations and experts and industry representatives.

21st draft local laws and Government regulations of any of the following circumstances, legislative hearings hearings should be held: (a) directly related to the vital interests of citizens, legal persons or other organizations, authorities, organizations or citizens on their significant differences of opinion exist, (ii) laws and regulations, shall convene a legislative hearing.

22nd legislative feasibility study meeting and hearing of the report concerned, should serve as drafting and reviewing local regulations and government regulation of important references. 23rd draft local laws and Government regulations submitted for review, there were differences of opinion in other departments, units, drafting units should be coordinated.

After fail to reach an agreement for the coordination of drafting units should be different views and ways of dealing with written materials submitted together with the draft materials.

24th draft local laws and regulations before the draft submitted to the review, shall verify by drafting units of the legal organization, adopted by the leadership collective discussion, after the signed by the head of unit, submitted to the municipal people's Government.

25th article drafting responsibility units to City Government submitted local regulations draft and Government regulations trial draft, should submitted following material: (a) trial draft, and provisions comments draft and drafting description, and attached electronic text; (ii) sought views of about material, including reply views original and related Conference records,; (three) held legislation feasibility study meeting, and hearing of, should provides legislation feasibility study meeting, and hearing of report; (four) by coordination cannot reached consistent views of, should provides differences views coordination processing situation of material;

(E) drafting units audit observations of the legal organization and leadership collective discussion; (vi) basis or refer to the text of laws, regulations, rules and policies; (g) other relevant material, including research reports, expert consultation report, risk assessment report and reference materials.

Materials submitted by the prescribed in the preceding paragraph, it shall be submitted in 3 copies.

Belongs to the amendment or amendments, drafting units should also be submitted to modify the control version.

26th article local regulations draft and Government regulations trial draft of drafting description, should including following content: (a) legislation of need, and feasibility and the need solution of problems; (ii) drafting of according to and process; (three) main content and the important terms set of detailed reason; (four) sought views situation, and on views adopted situation of description, and on views adopted situation of feedback and differences views of coordination situation; (five) other need description of problem.

27th drafting units should be in accordance with the Standing Committee of the municipal people's Congress annual legislative plans and annual plans of the Government regulation requirements, complete the draft local laws and Government regulations drafted and submitted to the review.

Cannot be completed due to special circumstances or need an extension to complete local regulations and Government regulations drafted and submitted to the review process, and responsibilities to the municipal people's Governments shall promptly drafted legal bodies made written statements, legal advice by the City Government, submitted to the municipal people's Government for decision.

The fourth chapter review of the 28th to be submitted by the municipal people's Government municipal people's Congress, considered by the Standing Committee of the national people's Congress, or local regulations draft, consideration of the draft regulations of the Government of the people's Government, and submitted by the municipal people's Government bodies responsible for the review of the legal system.
Article 29th responsibility received, the Office of the Municipal Government should prepare draft and related materials within 5 working days from the date transferred to municipal legal review.

30th of municipal legislative affairs agency shall, within 10 working days to review the drafting units draft and whether relevant information in accordance with the provisions of this article 25th, 26th.

Submitted materials are incomplete or do not meet the requirements, the municipal people's Government legal agencies should be padded or ask the drafting units within a correction; late failed to complete or correct materials, municipal people's Government legal agencies should inform the municipal returning Office and recommended the draft drafting units to apply for. 31st of municipal Legislative Affairs to review local regulations and draft regulations of the Government, should focus on the following: (a) the necessity of the legislation.

Whether it helps implement higher-level laws and to protect the overall situation of reform, development and stability and to solve practical problems in the administration. (B) the feasibility of legislating.

Plans to create a major measures to improve the Administration and management of the system, easy to operate and to citizens, legal persons and other organizations exercising their rights and performing their duties, this time is ripe. (C) legislative legitimacy.

Compliance with legislative mandates, whether it conflicts with host law is illegal, establishment of an administrative punishment and administrative compulsory administrative measures such as licensing, is illegal, derogation from the citizens, legal persons and other organizations the rights or increasing the obligations. (D) the reasonableness of the legislation.

Reflected in the terms of reference of the Executive and the principle of unity of responsibility, compliance with the principle of simplification, uniformity and efficiency, compliance with the functional transformation of requirements, whether it is to safeguard the public interest and to safeguard the legitimate rights and interests of citizens, legal persons and other organizations. (E) standardization of legislation.

Draft local laws and Government regulations, whether the structure of science, integrity, internal logic is tight, which is rigorous, specification, the language is simple, accurate, technical specifications for compliance with legislation. (Vi) the openness of legislation.

In accordance with regulations consult with relevant departments and units, administrative and other public comments, whether or not to adopt the rationality of the observations and recommendations made, differences of opinion are fully coordinated related departments and units.

32nd article local regulations draft and Government regulations trial draft has following case one of of, city government legal institutions can suspended review, or told City Government Office and recommends returned drafting responsibility units: (a) developed local regulations draft or developed Government regulations of conditions not mature of; (ii) about sector, and units on local regulations draft and Government regulations trial draft provides of main system or duties Division exists larger dispute, drafting responsibility units not and about sector, and units consultations of;

(C) drafting units failed to meet the requirements of the relevant provisions of chapter III, (d) the legislation flawed and needed drastic changes (v) main content of laws, rules, regulations, higher administrative authority file, repeat, and (vi) other quality and complete the legislative work to influence legislation.

Article 33rd municipal people's Government legal agencies to review local regulations and draft regulations of the Government shall, in accordance with the provisions set forth in 18th and 19th is widely consulted. 34th of municipal Legislative Affairs to review local regulations and draft regulations of the Government, it should be objective and impartial, realistic study all these views, take full account of reasonable opinion.

Major differences of opinion, shall organize the relevant departments to communicate and coordinate; failed to agree on coordinated, should be brought to the municipal coordination.

35th draft municipal people's Government legal agencies should adequately research and demonstration, in conjunction with the drafting units to revise and improve the draft form bills of local laws or Government regulations to consider drafts and reviews, legal organs signed by the City Government, drew attention to the municipal people's Government for consideration.

Record 36th and fifth chapter review, published local regulations and Government regulations should be considered by the plenary of the Standing Committee of the municipal people's Government, or decision.

Municipal people's Government to consider local laws and draft bills and regulations to consider when rule of law institutions described by the City Government, drafting units according to the needs to be added.

37th meeting in city people's Government Executive meeting or when giving her views in the plenary, among new cases on the same issue, should be consulted and feedback of views or views of consensus on coordination. 38th local regulations of the Bills draft Government regulations and consideration of the draft by the municipal Standing Committee meeting or plenary adoption, requiring larger modification according to the deliberations of the Conference, modified by the municipal people's Government legal agencies, form revised version submitted to the Mayor signed does not need to be modified, and signed by the Mayor directly.

Considered not adopted, in accordance with Conference decision implementation.

39th after consideration and adoption of draft local regulation, after municipal people's Government Office should be signed by the Mayor, to motion drew attention to the municipal people's Congress, people's Government or the municipal people's Congress Standing Committee for deliberation. 40th article local regulations draft drew attention to the city Congress or city Congress Standing Committee considered Hou, district, and County City Government, Marina District Management Committee, and high-tech District Management Committee, and water East Bay Metro Management Committee, City Government composition sector, and directly under the institutions, and legal regulations authorized management public affairs of organization on motion has different views of, on same problem except occurred new situation outside, is has after City Government coordination and made decided of,

Shall not be contrary to the name and content of the draft local regulation.

41st following consideration by government regulations, municipal people's Government Office should be within 3 working days from the date of signature of the Mayor issued in the form of Maoming municipal people's Government announced.

42nd unified release carrier for government regulations of the Maoming municipal people's Government Gazette, the Maoming municipal people's Government Portal Web site, the Government's legal information network of China and Maoming daily.

Government regulatory texts published in the Bulletin of the Maoming municipal people's Government for the standard version.

Article 43rd government regulation should come into force after the 30th from the date of promulgation; but not implemented could affect government regulations to implement immediately after the announcement, can come into force on the date of promulgation.

44th Government regulations published in the 30th by the municipal people's Government legal agencies according to law submitted to the State Council, the Standing Committee of the provincial people's Congress, provincial people's Government, the Standing Committee of the municipal people's Congress for the record.

Sixth chapter interpretation, modification and clean up article 45th government regulation's explanation right belongs to the municipal people's Government.

Interpretation of government regulations and government rules have the same effect.

Article 46th Government regulations of any of the following circumstances, should be interpreted as follows: (a) of the relevant provisions of regulations needs to further clarify the specific meaning of; (b) the enactment of regulations there is a new situation, need to be clear how to apply.

47th Government explained by implementing departments to explain the proposed regulations submitted to the municipal people's Government, municipal office transferred to the municipal people's Government legal agencies, municipal government bodies for the review of the legal system, submitted to the municipal people's Government announced. 48th article Government regulations has following case one of of, implementation sector should timely to City Government proposed modified, and abolition or announced failure of recommends: (a) and legal, and administrative regulations or other upper method conflict of; (ii) according to of legal, and regulations has modified, and abolition or announced failure of; (three) adjustment object has disappeared or occurred changes of; (four) according to provides for legislation Hou assessment, think need modified, and abolition or announced failure of; (five) other should modified, and

Annulled or declared invalid.

Citizens, legal persons or other organizations may propose the Government regulations are modified, abolished or declared invalid proposal.

49th Government's assessment of the legislative regulations in accordance with the legislative provisions on the assessment of the Guangdong provincial government regulations implemented.

50th work on government regulations in accordance with the regulations of Guangdong Provincial Government cleanup rules.  

Seventh chapter supplementary articles article 51st these provisions come into force on January 1, 2017.

Related Laws