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Provisions of Benxi Municipal People's Government on Draft Local Regulations and Procedures for Formulating Rules (Revised in 2115)

Chapter I General Provisions Article 1 In order to promote the scientific, standardized and open legislative work and improve the quality of formulating local laws and regulations, in accordance with the Legislative Law of the People's Republic of China (hereinafter referred to as the "Legislative Law"), the Regulations on Rules-making Procedures of the State Council (hereinafter referred to as the "Regulations") and the "Implementation Outline for Comprehensively Promoting Administration according to Law" and other provisions, combined with the actual situation of this Municipality, Article 2 The term "local regulations" as mentioned in these Provisions refers to the local regulations formulated by the Benxi Municipal People's Government to the Benxi Municipal People's Congress (hereinafter referred to as the Municipal People's Congress) or its Standing Committee (hereinafter referred to as the Municipal People's Congress Standing Committee). The regulations mentioned in these Provisions refer to the regulations formulated by the Benxi Municipal People's Government. Article 3 These Provisions shall apply to the application, investigation, drafting and deliberation of draft local regulations. These Provisions shall apply to the establishment, investigation, drafting, examination, decision, publication, filing, interpretation and cleaning of rules and regulations. Article 4 local regulations may provide for the following matters:

(1) authorized by national laws, administrative regulations and provincial local regulations;

(2) To ensure the implementation of the Constitution, national laws, administrative regulations and provincial and local regulations in this Municipality;

(3) The state and the province have not yet legislated, which is necessary for the actual work in this Municipality. Article 5 A regulation may stipulate the following matters:

(1) Matters that need to be regulated in order to implement the provisions of laws, administrative regulations and local regulations;

(2) Matters that belong to the specific administration of this Municipality. Article 6 The drafting of local laws and regulations and the formulation of rules shall follow the legislative principles defined in the Legislative Law and Regulations, and conform to the provisions of the Constitution, laws and regulations. In terms of economic legislation, we should follow the rules of the World Trade Organization and adapt to the requirements of the laws of the market economy. Starting from the actual needs of this Municipality, the powers and responsibilities of state administrative organs and the rights and obligations of citizens, legal persons and other organizations shall be scientifically and reasonably stipulated.

without the basis of laws, administrative regulations and local regulations, local government regulations may not set norms that derogate from the rights of citizens, legal persons and other organizations or increase their obligations. Article 7 the legislative affairs office of the municipal government is a comprehensive office for the legal affairs of the municipal government, which is responsible for the following work in the drafting of local laws and regulations by the municipal government:

(1) to prepare the legislative plan for the annual draft local laws and regulations, and to draft the legislative bill to the Standing Committee of the Municipal People's Congress after it is submitted to the municipal government for approval;

(2) to prepare the annual rules and legislation plan, and organize its implementation after being approved by the municipal government;

(3) drafting or organizing relevant departments to draft local laws and regulations on behalf of the municipal government;

(4) review, investigate and demonstrate the draft local laws and regulations and analyze the project benefits;

(5) in the process of reviewing the draft local laws and regulations, solicit the opinions of relevant departments and deal with them according to law;

(6) filing, interpretation and cleaning of regulations;

(7) regularly evaluate the regulations promulgated and implemented;

(8) other relevant specific work in the process of drafting local laws and regulations. Article 8 The administrative departments of the municipal government are the working departments for drafting local laws and regulations, and they have the following responsibilities in the legislative process:

(1) submitting an application for the annual legislative plan;

(2) drafting the legislative text according to the legislative plan approved by the municipal government;

(3) solicit opinions from relevant departments, and conduct argumentation, investigation and revision according to the requirements of the Legislative Affairs Office of the municipal government;

(4) drafting local laws and regulations, and reporting to the Standing Committee of the Municipal People's Congress and the municipal government as required;

(5) according to the unified arrangement of the municipal government, the regulations drafted by this department shall be cleaned up regularly. Article 9 The funds needed for drafting local laws and regulations shall be included in the financial budget of the department. Chapter II Project Establishment Article 11 The principle of fewer but more precise legislative plans should be adhered to, and the legislative focus should be on aspects conducive to Benxi's economic development, solving major social problems and maintaining public order and public security, and general legislation should be strictly controlled. Eleventh plans for the formulation of local laws and regulations shall be compiled once a year by the Legislative Affairs Office of the municipal government on the basis of soliciting citizens, legal persons and other organizations.

if local regulations should be formulated but the conditions are not yet ripe, local government regulations can be formulated first because of the urgent need of administrative management. If it is necessary to continue to implement the administrative measures stipulated in the regulations for two years after the implementation of the regulations, it shall be submitted to the people's congress at the corresponding level or its standing Committee to formulate local regulations. Twelfth municipal government departments, citizens, legal persons and other organizations have legislative intent, should fill in the Legislative Proposal (including the name of laws or regulations, drafting department, formulation purpose, formulation basis, project benefit evaluation report and other major issues) before October 31 each year. Each department shall submit a legislative application, which shall be signed by the main person in charge of the department and stamped with the official seal of the department and reported to the mayor in charge for approval, and shall be reviewed and summarized by the Legislative Affairs Office of the municipal government. Article 13 An open system shall be implemented in the preparation of legislative plans. Before the legislative affairs office of the municipal government prepares the annual legislative plan, it shall solicit legislative suggestions in newspapers, radio stations, television stations and other news media.