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Yingkou City People's Government Drafted Local Regulations And In The Government Regulatory Process Requirements

Original Language Title: 营口市人民政府起草地方性法规草案和制定政府规章程序规定

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Chapter I General

Article 1, in order to regulate the drafting of draft local legislation and the development of government regulations and procedures to improve the quality of legislation, to establish this provision in accordance with the National People's Legislative Act, the Regulations and Rules and the Legislative Regulations of the People's Congress and its Standing Committee.

Article 2

Draft local legislation and regulations should be drafted, in accordance with the legislative principles, guaranteeing the orderly participation of citizens in accordance with the law, based on the practice of the city, highlighting local features, focusing on the quality of legislation and the maintenance of the rule of law.

Article IV

(i) To implement the provisions of the laws, administrative regulations and provincial legislation, specific matters are required in accordance with the actual situation in the city;

(ii) The State has not yet enacted legislation, administrative legislation, which does not establish local legislation, and matters requiring local legislation based on the specific circumstances of the city;

(iii) The local affairs of the city and the need for the development of local legislation;

(iv) There is a need to further enhance the legal effect of regulations.

Article 5

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

(ii) Matters relating to the specific administration of the city.

Article 6. The municipal rule of law sector is responsible for drafting draft local legislation and for developing guidance, supervision and integrated coordination of government regulations, including:

(i) The preparation of the annual legislative plan for the regulation of the municipal government, which is followed by the approval of the municipal government;

(ii) Organizing the implementation of the annual legislative plan of the Standing Committee of the Municipalities to identify the project to be drafted by the municipality;

(iii) Draft comprehensive, holistic, basic, and draft local legislation and government regulations to be delivered by the municipality;

(iv) Organizing, promoting, guiding the drafting of draft local legislation and draft government regulations;

(v) Review of the draft local legislation and the draft regulations of the Government and coordinate the relevant disputes;

(vi) Resolves, interpretations, clean-up, modification and abolition of government regulations;

(vii) Translation, finalization and editorial of the text of the Government's regulations;

(viii) Other matters relating to the drafting of draft local legislation and the development of government regulations.

Article 7 Governments and municipalities should assume specific work on drafting draft local legislation and draft government regulations, in line with the division of responsibilities, in line with the relevant work of the municipal authorities' legislation.

Article 8. Drafting of local legislation and setting requirements for government regulations are included in the annual municipal financial budget.

Chapter II

Article 9. The municipal rule of law sector should collect local legislation and government regulations for the next year in October each year to the municipalities (communes) and all sectors of the city, and publicize them through municipal government websites or the media.

Article 10 Governments (markets) and municipalities consider it necessary to develop local legislation or government regulations, which should be sent to the municipal authorities by 31 October each year, and to submit the following material:

(i) An application form, which includes a statement of the need and feasibility for the development of local legislation or government regulations, legislative progress arrangements, issues to be addressed, key elements of the proposed norms, research findings and requests for comments;

(ii) Draft local legislation or a preliminary draft government regulations;

(iii) The relevant legislation is based on the text and relevant references.

The application form shall be signed by the main head of the applicant's unit and shall be added to the chapter.

Article 11. Civil, legal and other organizations may submit proposals for the establishment of draft local legislation and government regulations to the municipal authorities in writing or e-mail. Legislative recommendations should include the need for legislation, the key issues that need to be addressed, and the key systems to be established.

Article 12

The draft annual local legislation and the Government regulations should be developed, specifying the name of the draft local legislation and government regulations, the drafting sector, the main heads of authority. The Government's regulations should specify the time taken to send the municipal government.

Article 13 Prior to the approval of the previous municipal government, the views of the communes on the specialized committees and the work of the Rule of Law Commission should be sought.

The draft annual local legislation, approved by the municipal authorities, was developed by the Municipal Government's Rule of Law Department to report to the Council on the Rule of Law of the Municipal Council; the Government's regulations were developed and implemented by the municipality.

Article 15 has been included in the annual draft of local legislation and the Government's regulations-planning projects, in principle, without change. Regions (community) or municipal government departments that are tasked with drafting tasks should be organized in accordance with plans.

In addition to the annual draft local legislation and the Government's regulations development plan, there is an urgent need for additional inclusion plans or the inclusion of legislative plans but not implemented, written reports should be submitted to the municipal government and reproduced the municipal rule of law sector. An additional Government regulation project should be approved by the municipality.

Chapter III

Article 16 drafting of the draft local legislation and the draft government regulations is vested with the executive branch of the application or the main executive branch, industry authorities.

The draft local legislation and the draft government regulations covering more than two sectors were led by the drafting responsibility department established by the legislative plan, with the co-sponsoring of the drafting.

Draft more specialized local legislation and draft government regulations may be invited to participate by relevant organizations, experts, or by commissioning the drafting of relevant organizations, experts.

Draft local legislation and draft government regulations involve other sectoral responsibilities or are closely connected with other sectors, and the drafting sector should fully seek the views of other sectors. The drafting sector has different views with other departments and should be fully consulted; it should be explained that consultations are still unanimous.

Draft local legislation and draft government regulations should be drafted in-depth study on practical experiences, drawing on legislative results in other cities, holding public opinions, including through public consultation, seminars, seminars, hearings, hearings and hearings.

Draft local legislation and the draft government regulations should be reviewed by the rule of law institutions in the drafting sector, which led to collective discussions and sent to the municipality for consideration by the main holder upon signature.

Joint drafting should be conducted in accordance with the procedure set out above.

The draft local legislation was drafted and should be sent to the municipal government for two months before the first review of the Commission of the Grande or Municipalities; the draft Government regulations should be drafted and the time frames set for the plan should be presented to the municipal government in accordance with the Government's regulations. The reasons for the report should be presented to the municipality without timely submission, while the report will be sent to the municipal authorities' rule of law.

Article 21, the municipal rule of law sector should be involved in the drafting, research and validation of draft local legislation and draft government regulations in advance.

Chapter IV

Draft local legislation and draft government regulations are reviewed by the municipal authorities' rule of law.

Article 23 draws the attention of the drafting sector to the consideration of draft local legislation and draft government regulations, which should be submitted to the following written and electronic texts:

(i) Drafting notes;

(ii) Text of the draft;

(iii) Legal, legislative basis against the table;

(iv) Review of the legitimacy of the rule of law institutions in the sector;

(v) Written observations and the records of the relevant meetings in all their forms;

(vi) A hearing or a risk assessment shall be accompanied by a record of the hearing or a risk assessment report;

(vii) The need to repeal or amend local legislation, government regulations and regulations should be accompanied by local legislation, the text of government regulations and revisions to be repealed or to be amended;

(viii) Other submissions.

Drafting notes on the draft local legislation and the draft regulations of the Government should include the following:

(i) The need, feasibility and the main issues to be addressed;

(ii) The basis and process of drafting;

(iii) Details of the main content and the essential provisions;

(iv) To consult and coordinate views;

(v) Other issues requiring clarification.

Article 25

(i) Does not contradict the law on top;

(ii) Whether the relevant local legislation and government regulations are in place;

(iii) In conformity with legislative technical requirements;

(iv) Have the environment and conditions in place;

(v) Is the right to deal with the views of the relevant sectors and the public on the main issues of the draft local legislation and the draft Government regulations;

(vi) Other elements to be reviewed.

Article 26

(i) Be not included in the annual legislative plan but also without approval of additional legislative projects;

(ii) To go beyond the legislative authority or incompatible with the superior law;

(iii) Legislative conditions are not mature or are not necessary;

(iv) The main elements are largely separated from actual failures;

(v) Inadequate strengthening of sectoral authority, highlighting sectoral interests and requiring significant changes;

(vi) The main content is controversial and the drafting sector is not coordinated;

(vii) The serious shortcomings in legislative technology and the need for a comprehensive adjustment;

(viii) Removal of the provisions of the law or the introduction of the law;

(ix) No drafting, argument and issuance of reports in accordance with the prescribed procedures.

Article 27 states that the municipal rule of law sector should conduct in-depth studies on the main issues covered by the draft local legislation and the draft government regulations, and seek the views of the relevant sectors and the public. Experts, scholars may also be consulted on the basis of needs.

With regard to major issues and the interests of citizens, legal persons or other organizations, the drafting sector has not been openly consulted in the drafting process, nor has hearings been held, and the rule of law in the municipality can openly consult the society through the municipal government portal or the media.

Article 28 concerned different views on the main elements of the draft local legislation and the draft regulations of the Government, which should be coordinated and agreed; it should not be agreed that the main issues, the views of the sectors concerned and the treatment of the rule of law sector in the municipality should be presented to the municipal authorities.

Article 29 should carefully study the views of all aspects of the rule of law of the city, with the drafting sector modifying the draft local legislation and the draft regulations of the Government, forming draft local legislation and draft government regulations, and a review of the draft, drawing the consideration of the municipal government.

Decisions and publication of chapter V

The draft local legislation and the draft regulations of the Government are considered by the Standing Committee of the Municipal Government or by the plenary.

In considering the draft local legislation and the draft government regulations, a statement by the drafting sector may also be made by the municipal authorities' rule of law. The heads of departments concerned with the draft local legislation and the content of the draft regulations of the Government shall not be subject to re-expression.

Article 32 was signed by the Mayor by the Municipal Council or by the plenary for consideration of the draft local legislation and government regulations adopted. The principle of the meeting was adopted but needed to be amended, and the municipal rule of law sector should be amended in accordance with the views considered by the Conference, and the text should be amended to request the mayor to review the signing of the report.

The draft local legislation, which was signed by the Mayor, was brought to the consideration of the Commission by the municipality in the form of a municipal government bill.

Article 34 of the Government's regulations are published in the form of a decree of the municipality following the signature of the Mayor. The order to publish regulations should contain the establishment of organs, orders, names of regulations, dates adopted, dates of implementation, mayors and date of publication.

Within 30 days after the signing of the Government's regulations, the full text of the municipal government portal and the post of battalion shall be published.

Article XVI Government regulations should be implemented after 30 days of the date of publication, but without immediate application would impede the implementation of laws, regulations, regulations or regulations or would not be conducive to guaranteeing national security and public interests.

Chapter VI Interpretation and documentation

Article 37 Government regulations should be submitted by the municipal government to the State Department, the Provincial Council, the provincial and municipal councils, within 30 days of the date of publication.

The right to interpret the Government's regulations rests with the municipality.

Article 39 of the Government's regulations explain the recommendation that the drafting or implementation sectors make the need for interpretation, which is made by the municipal authorities in the light of the Government's draft regulations review process, or by the municipality's rule of law sector in direct formulation of proposals for interpretation, which are presented to the municipal government for approval.

The interpretation of government regulations is equally effective with government regulations.

Assessment and clearance

Three years after the Government's regulations have been implemented, the executive body should assess its implementation and report the assessment to the municipality.

Article 40 of the Government's regulations are implemented every five years. The municipal rule of law sector is responsible for organizing the Government's regulatory clearance.

One of the following cases in the implementation of Article 42 of the Government's regulations is that the executive body or the municipal authorities' rule of law sector should make proposals for amendments or repeals to the municipalities in a timely manner:

(i) Be incompatible with the newly published top law;

(ii) The laws, regulations on which they are based have been amended or repealed;

(iii) Be replaced by new laws, regulations or regulations;

(iv) Adjustment targets have disappeared or changed;

(v) Changes in the executive branch;

(vi) Government regulations are not adapted to development needs and should be cleared.

Chapter VIII

Article 43 compiles government regulations and translates into implementation by the municipal authorities' rule of law.

Article 44 of the Constitution amends, repeals the procedures of government regulations and introduces amendments to local legislation to the city's large or municipal councils, and repeals, taking into account the provisions.

Article 42