chapter I general provisions article 1 in order to formulate local laws and administrative rules according to law, these provisions are formulated in accordance with the constitution of the people's Republic of China, the organic law of the people's Republic of China and local people's congresses and local people's governments at various levels, and the provisions of the standing Committee of Hangzhou municipal people's congress on the procedures for formulating local laws and regulations, and in light of the actual situation of this municipality. Article 2 The term "draft local regulations" as mentioned in these Provisions refers to the draft of a normative document with universal binding force within the administrative area of this Municipality, which is drafted by the Municipal People's Government in accordance with the authority prescribed by law and submitted to the Municipal People's Congress or its Standing Committee for examination and approval, and approved by the Standing Committee of the Provincial People's Congress.
the administrative rules mentioned in these provisions refer to the normative documents that are formulated by the municipal people's government in accordance with the law and are generally applicable within the administrative area of this municipality, and have administrative binding force and certain coercive force. Article 3 The Legislative Affairs Bureau of the Municipal People's Government (hereinafter referred to as the Legislative Affairs Bureau of the Municipal People's Government) is the functional department dealing with the legal affairs of the Municipal People's Government, responsible for the comprehensive work of the government's legal system, preparing the draft legislative work plan of the municipal government, organizing the drafting, reviewing and amending the draft local regulations and formulating administrative rules. Article 4 The drafting of local laws and regulations and the formulation of administrative rules and regulations must be based on the national constitution, laws and regulations, combined with the actual situation of this Municipality, in-depth investigation and study, extensive consultation, scientific demonstration and coordination, and must not contravene the national laws and regulations. Chapter II Preparation of Legislative Plan Chapter II Preparation of Legislative Plan Article 5 An annual legislative work plan shall be prepared when drafting local regulations and formulating administrative rules.
projects that are not yet mature and need local legislation can be included in the legislative investigation work plan. Article 6 Where all departments of the municipal government and county (city) governments need to put forward proposals on legislative projects, they shall put forward proposals on legislative projects for the next year at the end of each year and submit them to the Legislative Affairs Bureau of the municipal government. Legislative proposals must be approved by the county (city) government and the leaders of the department before they are submitted. Article 7 The Legislative Affairs Bureau of the municipal government shall make a comprehensive and balanced summary of the legislative proposals reported by the municipal government departments and county (city) governments, prepare the draft local legislative plan for the whole year, and implement it after being examined and approved by the municipal government. The draft plan for the approved local regulations shall be submitted to the Standing Committee of the Municipal People's Congress at the same time. Eighth municipal government departments and county (city) governments that undertake the task of drafting local laws and administrative regulations must complete the drafting task in accordance with the requirements of the annual legislative work plan. Due to special circumstances can not be completed on time, or to cancel the planned project, must make a written explanation to the Legislative Affairs Bureau of the municipal government.
if it is necessary to put forward suggestions for unplanned legislative projects due to special circumstances, the opinions of the Legislative Affairs Bureau of the municipal government shall be sought in advance, and the drafting shall be organized after the leaders of the municipal government agree to supplement the legislative projects.
The implementation of the annual legislative work plan shall be notified by the Legislative Affairs Bureau of the municipal government. Chapter III Drafting of Draft Article 9 Draft local regulations and administrative rules shall be drafted by the relevant departments of the municipal government and the county (city) government that put forward proposals for legislative projects; The content involves two or more relevant departments of the municipal government or the county (city) government, which shall be drafted by the comprehensive department or competent department of the municipal government; Important draft local regulations and administrative rules can be drafted by the Legislative Affairs Bureau of the municipal government to organize relevant departments of the municipal government or relevant county (city) governments, or directly by the Legislative Affairs Bureau of the municipal government.
when drafting local laws and administrative regulations, a drafting team shall be formed or a special person shall be appointed to take charge of the drafting work, and the drafting unit shall strengthen the organization and leadership of the drafting work. The Legislative Affairs Bureau of the municipal government shall promptly guide the drafting work. Article 11 The drafting of draft local regulations and administrative regulations must meet the following requirements:
(1) Draft local regulations shall not contravene the Constitution, laws and administrative regulations; The draft administrative regulations shall be based on laws and regulations;
(2) The draft local regulations and administrative rules must conform to the actual situation in Hangzhou and be practical.
(3) The draft local regulations and administrative rules should generally not involve the system, establishment and funds. If it is really necessary to clarify the responsibilities of relevant departments through local regulations and administrative rules, it must be consistent with the statutory functions of relevant departments. It is not allowed to improperly set or expand the authority of the department in the draft local regulations and administrative rules.
(4) The contents of the draft local regulations and administrative rules (legislative purpose and basis, competent department, adjustment object, scope of application, rights and obligations, legal responsibilities, etc.) must be clear, standardized in structure, rigorous in logic, accurate in concept and refined in language, so as to avoid verbosity. Avoid ambiguity and ambiguity. Eleventh drafting units or departments in the process of drafting local laws and administrative rules and regulations, should solicit opinions, reasonable opinions should be adopted; For the content with great differences of opinion, we should take the initiative to do a good job of coordination and seek consensus; Problems that are difficult to coordinate should be explained when reporting the draft local regulations and administrative rules.
draft local laws and administrative regulations that have not been consulted and coordinated shall not be reported. Article 12 After the draft local regulations and administrative rules are drafted, the drafting unit shall write the drafting instructions of the draft. Drafting instructions should include: the purpose and necessity of formulation, legal basis, drafting process, description of main contents and different opinions of relevant departments.