Provisions of Maanshan Municipal People's Government on the Procedures for Formulating Rules

Chapter I General Provisions Article 1 In order to standardize the procedures for formulating rules and ensure the quality of rules, these Provisions are formulated in accordance with the Legislative Law of People's Republic of China (PRC), the Regulations on Procedures for Formulating Rules of the State Council and the actual situation of this Municipality. Article 2 These Provisions shall apply to the establishment, drafting, examination, decision-making, publication, filing, interpretation, evaluation and cleaning up of the regulations of the Municipal People's Government. Article 3 The Municipal People's Government may formulate regulations on urban and rural construction and management, environmental protection, historical and cultural protection and other matters:

(a) matters that need to be formulated in order to implement the provisions of laws and regulations;

(two) specific administrative matters belonging to the administrative region.

According to the legislative authority, local regulations should be formulated, but the conditions are not yet mature. Because of the urgent need of administrative management, rules can be formulated first. Two years after the implementation of the regulations, if it is necessary to continue to implement the administrative measures stipulated in the regulations, it shall be submitted to the Municipal People's Congress or its Standing Committee to formulate local regulations. Article 4 When formulating rules, we should implement the Party's line, principles, policies and decision-making arrangements, follow the legislative principles defined in the Legislative Law of People's Republic of China (PRC), adhere to the problem-solving orientation, base ourselves on the actual situation of this Municipality, highlight local characteristics, and have pertinence, effectiveness and enforceability. Article 5 The names of rules are generally called "regulations", "measures" and "detailed rules", but they may not be called "regulations".

Rules should be accurate and concise, and the provisions should be clear, specific and operable. In addition to the complex content, the rules are generally divided into chapters and sections.

Laws, regulations and rules of the provincial people's government have been clearly defined, and in principle, they will not be repeated. Article 6 The Municipal People's Government shall lead the work of formulating rules in a unified way, and incorporate the completion of formulating rules into the assessment of administrative work according to law.

The institution undertaking the legal work of the Municipal People's Government (hereinafter referred to as the legal institution of the municipal government) is the competent department in charge of the formulation of rules, and shall perform the following duties:

(a) to formulate a five-year legislative plan and an annual legislative plan, and organize their implementation after approval;

(two) to guide and urge the drafting unit to do a good job in drafting regulations;

(three) unified review of the draft rules;

(4) Filing and compilation of rules;

(five) review the rules and regulations;

(6) Organizing post-legislative evaluation and regulation cleaning;

(seven) other work related to the formulation of rules.

The relevant departments of the municipal and county people's governments shall, within the scope of their respective duties, undertake the specific work of drafting the draft regulations, and actively cooperate with the legal institutions of the municipal government to do other related work in formulating regulations. Article 7 Establish a system of soliciting opinions and feedback on laws and regulations, and listen to the opinions and suggestions of NPC deputies, CPPCC members, people's organizations, social organizations and the public.

Establish an expert consultation and demonstration system, hire legislative consultants, and organize experts to participate in the whole process of legislation.

Establish a contact point system for grassroots legislation, and listen to the opinions and suggestions of grassroots personnel and social organizations on the formulation, draft and implementation of rules. Article 8 The working funds required for formulating rules shall be guaranteed by the finance at the corresponding level.

The legal institution of the municipal government and other rules drafting units shall include the funds for the formulation of rules in the budget of this organ for special purposes. Chapter II Project Establishment Article 9 The Municipal People's Government shall formulate a five-year legislative plan and an annual legislative plan according to the needs of comprehensively deepening reform and economic and social development.

The procedures and requirements for the preparation of the five-year legislative plan for laws and regulations shall be implemented with reference to the relevant provisions for the preparation of the annual legislative plan for laws and regulations. Article 10 The legal institution of the municipal government shall, before the end of each year 10, ask the relevant departments of the Municipal People's Government and the district/county people's governments for the next year's rulemaking projects, and publicly solicit suggestions for rulemaking projects from the public through government websites or newspapers and other media. The time for public solicitation of project proposals is generally not less than 30 days. Article 11 If the relevant departments of the Municipal People's Government and the county people's government think it necessary to formulate rules, they should first carry out preliminary legislative work such as investigation, demonstration and drafting, and report the project to the Municipal People's Government for the next year within the specified time.

The project application shall include the following contents:

(a) the name of the rules;

(two) the necessity and feasibility of formulating rules, relevant background materials and explanations;

(three) the main problems to be solved and the main system to be established;

(4) The laws, regulations and other policies on which it is based;

(five) research preparation and schedule;

(six) other matters that need to be explained.

According to the needs of the work, the legal institution of the municipal government can directly submit the draft regulations.

The democratic parties, people's organizations, citizens, legal persons and other organizations in this Municipality may make suggestions to the Municipal People's Government on formulating regulations. If the public makes suggestions on the formulation of regulations, they may only put forward the name of the project and the main reasons for the formulation. Article 12 The legal institution of the municipal government shall organize relevant departments, experts and legal advisers of the government to evaluate and demonstrate the application for the establishment of regulations and the suggestions for the establishment of regulations publicly solicited, formulate the annual legislative plan of the Municipal People's Government, and announce it to the public after being deliberated and adopted by the executive meeting of the Municipal People's Government and reported to the Municipal Party Committee for approval.

In any of the following circumstances, it shall not be included in the annual legislative plan:

(a) does not belong to the legislative authority of the Municipal People's government;

(two) laws, regulations and departmental rules have specific provisions, and there is no need to formulate rules;

(three) in conflict with the superior law or inconsistent with the principles and policies of the party and the state;

(four) does not meet the actual situation and needs of the city's economic and social development;

(five) the necessity of legislation is not sufficient, or the conditions are not yet mature;

(six) there is an administrative need, but it can be solved by formulating administrative normative documents;

(seven) other circumstances that are not suitable for the formulation of rules.