Order of the People's Government of Zunyi City No. 1 (2016)
年12月29日第四届市人民政府第82次常务会议审议通过，现予公布，自2016年3月1日起施行。 The "Zunyi Municipal People's Government Regulations Formulation Procedures Regulations" have been deliberated and approved at the 82nd Executive Meeting of the Fourth Municipal People's Government on December 29 , 2015 , and are hereby promulgated for implementation on March 1 , 2016.
Mayor: Wei Shuwang
月1 日 February 1 , 2016
Rules and regulations for the formulation of rules of the Zunyi Municipal People's Government
Chapter One total then
First In order to regulate government regulations, ensure the quality of legislation, and promote the construction of a government ruled by law, these regulations have been formulated in accordance with the laws and regulations of the People ’s Republic of China, the State Council ’s Regulations on Procedures for the Formulation of Regulations, and the actual conditions of this city.
Article 2 These regulations apply to the establishment, drafting, review, decision, publication and interpretation of the municipal government regulations (hereinafter referred to as the regulations).
Article 3 The formulation of regulations shall follow the legislative principles established by the Legislative Law and the Regulations on Procedures for the Formulation of Regulations, and in combination with the actual conditions of this city, highlight local characteristics, be targeted and operable.
Article 4 The names of the regulations are generally referred to as "provisions", "methods", "implementation rules", etc., and may not be called "regulations."
The fifth The Municipal People's Government is responsible for the unified leadership of the formulation of rules.
The Municipal People's Government Legal Work Agency (hereinafter referred to as the Municipal Government Legal Institution) is responsible for the research and demonstration of the rules-making plan, the review of the draft rules, and related organization, guidance and coordination.
Article 6 The funds required for the formulation of regulations shall be guaranteed by being incorporated into the fiscal budget at the same level.
Chapter two Legislative planning
Article 7 The Municipal People's Government shall, in accordance with the economic construction and social development needs of this Municipality, prepare and complete the annual government legislative plan within the first quarter of each year.
eighth 月30日前向市政府法制机构报请立项。 If the county (city, district) people's government (including the Xinpu New District Administrative Committee) and the relevant departments of the municipal government believe that regulations need to be formulated in the next year, they should report to the municipal government's legal institution before December 30 of that year for approval.
Article 9 The regulatory projects submitted for approval shall meet the following conditions:
(1) Matters limited to urban and rural construction and management, environmental protection, historical and cultural protection, etc.
(2) the content of the project does not conflict with the higher-level law;
(3) The content of the project belongs to laws, administrative regulations, and local regulations that are only stipulated in principle and need to be specified by the municipal government;
(4) The project content has proposed reasonable and feasible plans for the main problems to be solved and the main systems or measures to be determined.
Article 10 The project application shall include the following:
(1) the name of the government regulations;
(2) the necessity, purpose and basis for formulating government regulations;
(3) Problems to be solved by government regulations and major systems or measures to be established;
4. The person in charge of the drafting group and the drafting of the government regulations.
Article 11 The legal institution of the municipal government shall, in conjunction with the annual key work of the municipal party committee and municipal government, formulate an annual rule formulation plan, and submit it to the executive meeting of the municipal government for deliberation and implementation. The projects in the annual rulemaking plan are divided into formal projects and research projects. Projects that have not been researched or are not mature may not be included in formal projects.
The rules that are not included in the formal project of the annual rule-making plan are not formulated in principle in that year. If the relevant department or unit considers that it is necessary to formulate regulations, it shall submit relevant materials required for project establishment to the municipal government legal institution. After reviewing and demonstrating the municipal government legal institution and deeming it necessary, it may be reported to the mayor or the executive deputy commissioned by the mayor. The project can be established only after the approval of the president.
The annual rule making plan shall determine the name of the government regulation to be drafted, the drafting unit, the person in charge, and the time for submission for review.
Article 12 Citizens, legal persons and other organizations may submit suggestions to the municipal government to formulate regulations, which shall be organized by the municipal legal institution or transferred to relevant departments for research. The feasible proposals shall be established in accordance with the project approval procedures.
third chapter Draft
Article 13 The draft regulations are drafted by the project application department; if the legal relationship is complicated, the government legal institution can organize the drafting.
Draft regulations may be commissioned by relevant experts and social organizations.
In the case of entrusting the drafting of draft regulations, the relevant department shall determine the trustee and sign a trust agreement with the trustee.
Article 14 Drafting regulations should be investigated and studied in advance, and opinions of citizens, legal persons and other organizations can be widely listened to through online soliciting opinions, holding seminars, demonstrative meetings, and hearings.
Article 15 Drafting regulations should meet the legislative technical requirements, be rigorous, clear, level, accurate, and concise. Contents that have been clearly stipulated by laws and regulations shall not be repeated in principle.
Article 16 If the content of the draft regulations involves the responsibilities of the municipal government department, the drafting unit shall fully solicit the opinions of relevant departments. If the drafting unit and the relevant department have different opinions, they should fully negotiate; if no consensus can be reached through negotiation, the drafting unit should explain the circumstances and reasons when submitting the draft government regulations.
If the content of the draft regulations involves major issues such as the management system and the adjustment of functions, the drafting unit shall first report to the municipal government for decision.
If the content of the draft regulations involves special skills or strong professionalism, a demonstration meeting shall be held to organize relevant professionals, experts and scholars to demonstrate.
Article 17 The draft rules and regulations drafted directly concern the vital interests of citizens, legal persons and other organizations. If the relevant organs, organizations or citizens have major differences of opinion, they shall be announced to the public and solicited opinions. The drafting unit may also hold hearings and hearings. It will be organized according to the following procedures:
(1) The hearing is held in public. The drafting unit shall announce the time, place and content of the hearing 30 days before the hearing is held;
(2) Relevant authorities, organizations and citizens participating in the hearing have the right to ask questions and express opinions on the draft rules and regulations drafted;
(3) The hearing shall make a transcript, truthfully recording the main views and reasons of the spokesperson;
(4) The drafting unit shall carefully study the various opinions reflected in the hearing, and when submitting the rules for review, it shall explain the handling of the opinions of the hearing and the reasons therefor.
Article 18 In the case of soliciting opinions in written form, the department being solicited shall submit written opinions within the prescribed time and reply with the official seal. Failure to reply within the time limit shall be stated in the drafting instructions.
In the form of forums, demonstrations, etc., for soliciting opinions, the drafting unit shall make a summary of the meeting, truthfully record the main views, reasons and suggestions of the participants, and explain them in the drafting notes.
Article 19 After the draft regulations are finalized, the drafting unit shall write drafting instructions. The contents of the drafting instructions should include: the necessity of formulating regulations, the purpose, the legislative basis, the main problems to be solved, the main systems to be established, the main measures, the opinions and adoption of relevant departments and management counterparts, and other issues that need to be explained .
Article 20 The draft regulations shall be discussed collectively by the persons in charge of the drafting unit, and shall be submitted to the municipal government's legal institution for review after being signed by the principal person and stamped with the official seal of the unit.
Joint drafting shall be jointly signed by the principals in charge of the relevant units.
Article 21 When submitting the draft regulations, the following materials shall be submitted:
(1) Letter for review;
(2) Draft text (e-mailed at the same time);
(3) drafting instructions;
(4) Investigation report;
(5) Disagreements and meeting records in the process of demonstrating, coordinating and soliciting opinions; the hearing records shall be attached to the hearing;
(6) Laws, regulations and main reference materials based on.
Article 22 The drafting unit submits the draft regulations to the municipal government's legal institution, which should be submitted three months before the time limit for the completion of the rules-making plan.
Chapter Four Review check
Article 23 The draft regulations are under unified review by the municipal government's legal system. The review includes:
(1) Whether it complies with legal norms and is operable;
(2) Whether it is coordinated and connected with relevant regulations;
(3) Whether the opinions solicited are comprehensive and whether the opinions differ greatly are coordinated;
(4) Whether the structure, provisions and terms meet the technical requirements of legislation;
(5) Other contents that need to be reviewed.
Article 24 The municipal government legal institution shall submit its review opinions in a timely manner after receiving the draft regulations; if the draft regulations are in one of the following situations, the municipal government legal institutions shall return to the drafting unit or postpone the processing:
(1) Conflicting with laws or regulations or violating the content of national policies;
(2) the content does not conform to the actual conditions of this Municipality;
(3) Relevant departments have major disputes over the draft regulations, and the drafting unit has not consulted with the relevant departments;
(4) The content belongs to the division of duties and powers within the drafting department;
(5) Excessive references or repeated content;
(6) Other situations that need to be returned to the drafting unit for re-drafting.
Article 25 If the draft regulations are returned to the drafting unit, the drafting unit shall handle the review opinions of the municipal government legal institution.
Article 26 The regulations included in the annual formulation plan need not be formulated due to changes in circumstances or should be postponed. The drafting unit should report to the municipal government and make a statement.
Article 27 The legal institution of the municipal government shall, together with the drafting unit, conduct social investigations and studies on the content regulated by the draft regulations, and examine the necessity and feasibility of legislation, and the drafting unit shall cooperate and assist.
Article 28 Where the municipal government's legal institution solicits opinions on the draft regulations in written form, the relevant units and organizations shall submit opinions and suggestions in accordance with the law, be signed by their principals and affix their official seals, and shall be fed back to the municipal government's legal institution within the prescribed time.
Article 29 After reviewing the draft regulations by the municipal legal institution, if there is no situation as stipulated in Article 24 of the present Regulations, a coordination demonstration meeting shall be organized in time, and the draft regulations shall be revised together with the drafting unit.
Article 30 The legal institution of the municipal government shall, on the basis of earnestly studying the opinions of various parties, modify and form the draft regulations and draft explanations.
The draft regulations and draft explanations are reviewed and approved by the municipal government's legal system, and submitted to the municipal people's government's executive meeting or plenary for consideration after being approved and signed by relevant persons in charge of the municipal people's government.
Article 31 The legal institution of the municipal government submits the following materials to the municipal government for reviewing the regulations:
(1) draft regulations and draft explanations;
(2) Signing opinions of relevant departments;
(3) Other materials to be submitted.
Article 32 Draft regulations that have not been reviewed by the municipal government's legal system shall not be submitted to the municipal government executive meeting or plenary for consideration.
chapter Five Review, publication and filing
Article 33 When reviewing the draft regulations, the person in charge of the legal institution of the municipal government will explain the draft regulations, and the main person in charge of the drafting department will attend the meeting and make supplementary explanations on relevant issues as needed.
Article 34 After reviewing the draft regulations, the Municipal People's Government will make a decision to adopt, adopt in principle, re-examine or reject.
The government's legal system shall revise the draft regulations according to the review decision, and report the revised draft regulations to the mayor for signature.
Article 35 The regulations are promulgated by the Municipal People's Government.
The municipal people's government order shall specify the serial number, the name of the regulation, the date of adoption, implementation and publication, and shall be signed by the mayor. Except as otherwise provided by laws and regulations, regulations shall be implemented 30 days after the date of promulgation.
Article 36 After the regulations are promulgated, they shall be published on the Chinese Government's legal information network, the "Zunyi Municipal People's Government Bulletin", the Zunyi Municipal People's Government website, and the "Zunyi Daily". The text of the regulations published in the "Zunyi Municipal Government Gazette" is the standard text. The electronic text of the regulations published on the website of Zunyi Municipal People's Government is a standard electronic text.
Article 37 日内，由市政府法制机构依照《中华人民共和国立法法》和《法规规章备案条例》的规定报国务院、省人民代表大会常务委员会、省人民政府和市人民代表大会常务委员会备案。 The regulations shall be reported to the State Council, the Standing Committee of the Provincial People's Congress, the Provincial People's Government, and the Municipal People's Congress within 30 days from the date of promulgation. Standing Committee for the record.
Chapter Six Interpretation, modification and repeal
Article 38 The legislative interpretation of the regulations shall be submitted to the municipal people's government for approval by the municipal government's legal system with reference to the review process of the draft regulations.
Interpretation of the regulations has the same effect as the regulations.
Article 39 When the regulations that have expired for one year are implemented, if one of the following situations occurs, the government's legal system shall organize the drafting department or relevant social parties to evaluate:
(1) The personal rights and property rights of citizens, legal persons and other organizations are widely involved;
(2) those with great social response;
(3) Other situations that need to be evaluated.
The evaluation results can be used as the basis for revising and repealing regulations.
Article 40 Regulatory assessments should include the following:
(1) implementation of regulations;
(2) the response of administrative counterparts and other aspects of society;
(3) problems existing in implementation and their causes;
(4) Other matters that need to be evaluated.
The implementing department may entrust all or part of the evaluation to relevant organizations and experts for evaluation.
Article 41 During the implementation of the regulations, in any of the following circumstances, the implementing agency or the municipal government legal institution shall promptly propose to the municipal people's government the amendment or revocation:
(1) Conflicts with laws, administrative regulations or other superordinate laws;
(2) The laws and regulations on which it is based have been modified or abolished;
(3) It has been replaced or contradicted by newly issued laws, regulations, and rules;
(4) The adjustment object has disappeared or changed;
(5) After evaluating in accordance with the regulations, and deeming it necessary to amend or abolish it;
(6) Other circumstances that should be modified or abolished.
Citizens, legal persons, or other organizations may make suggestions to the government's legal system to revise or abolish the regulations if they consider them inconsistent with laws and regulations. After demonstrating the government's legal system, the rules that need to be modified will be included in the rule making plan and handled in accordance with these regulations; if it should be abolished, it should be announced to the public.
Chapter VII Attach then
Article 42 The drafting of local draft laws and regulations submitted to the Municipal People's Congress or the Standing Committee of the Municipal People's Congress for consideration shall be implemented in accordance with these Provisions.
After drafting local regulations concerning administrative management shall be reviewed and approved by the municipal people ’s government executive meeting or plenary meeting, the municipal people ’s government shall submit a proposal to the municipal people ’s congress or the municipal people ’s congress standing committee for consideration.
Article 43 年3月1日起施行 These regulations come into effect on March 1 , 2016
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