Chapter 1 General Provisions Article 1 In order to standardize the Xinyang Municipal People's Government's procedures for formulating draft local regulations and formulating government regulations, and ensure the quality of draft local regulations and government regulations, in accordance with the "People's Communist Party of China and the National These regulations are formulated based on the actual situation of this city in accordance with the "Laws and Laws", "Regulations on the Procedures for the Formulation of Administrative Regulations", "Regulations on the Procedures for the Formulation of Rules" and "Procedures for the Henan Provincial People's Government in formulating draft local regulations and formulating rules". Article 2 These regulations shall apply to the establishment, drafting, review, and decision-making of draft local regulations and the establishment, drafting, review, decision, publication, filing, interpretation, and evaluation of government regulations. Article 3 Local draft regulations and government regulations shall implement the party's line, principles, policies and decisions and arrangements, follow the legislative principles determined by the "Legislation and Law of the People's Republic of China", and comply with the Constitution, laws, administrative regulations and other higher-level regulations. provisions of the law.

Without the basis of laws, administrative regulations, and local regulations, government regulations shall not set norms that detract from the rights of citizens, legal persons, and other organizations or increase their obligations. Article 4 Draft local laws and regulations and government regulations should reflect the spirit of comprehensively deepening reform, scientifically standardize administrative behavior, and promote the transformation of government functions into macro-control, market supervision, social management, public services, environmental protection, and other aspects. It should comply with the principles of simplification, unification, and efficiency. The same or similar functions should be stipulated to be undertaken by one administrative agency to simplify administrative procedures. Article 5 During the drafting and formulation process of draft local regulations and government regulations that are closely related to the production and business activities of market entities, the opinions of market entities, industry associations, chambers of commerce, etc. shall be fully listened to, and based on actual conditions, it shall be determined whether to set aside provisions for market entities. Necessary adjustment period. Article 6 The judicial administrative organ of the Municipal People's Government, under the leadership of the Municipal People's Government, is specifically responsible for formulating draft local regulations and formulating government regulations. Other government departments shall cooperate with relevant work. Article 7: Except for the implementation details or implementation measures of laws and administrative regulations, the names of draft local regulations are called "regulations".

The names of government regulations are determined according to the following provisions:

(1) Comprehensive and systematic provisions on a certain aspect of administrative work are called "regulations";

(2) More specific provisions for a certain administrative work are called "Measures";

(3) Specific provisions made for the implementation of laws, administrative regulations or local regulations are called "Measures" "Implementation Rules" or "Implementation Measures". Article 8 Draft local regulations and government regulations shall stipulate legislative principles, purpose of formulation, scope of application, competent departments, specific norms, legal responsibilities, implementation date, etc. Chapter 2 Project Establishment Article 9 When formulating draft local regulations and formulating government regulations, an annual legislative plan shall be prepared.

The judicial administrative organ of the Municipal People's Government shall collect proposals for draft local regulations and government regulations for the next year from the working departments of the Municipal People's Government and the county (district) people's governments every year; they may also collect proposals through the news media , government websites or through questionnaire surveys and other forms to solicit suggestions from citizens, legal persons and other organizations on the drafting of local regulations and the formulation of government regulations. Article 10 If the working departments of the Municipal People's Government and the County (District) People's Government believe that it is necessary to draft local regulations and formulate government regulations, they shall submit the legislative proposals for the next year to the judicial administrative agency of the Municipal People's Government before the end of October each year for application. Project establishment.

The working departments of the Municipal People's Government may select appropriate projects from the proposals of the National People's Congress deputies or the proposals of the CPPCC members and submit a project application. Article 11 To apply for project establishment, the following materials shall be submitted to the judicial administrative agency of the Municipal People's Government:

(1) Project establishment application;

(2) Proposal draft and explanation;

(3) Relevant laws, regulations, rules and policies, and legislative materials with reference value at home and abroad;

(4) Expert opinions on important and difficult issues.

If the public proposes an annual legislative proposal project, they can only propose the name of the project and the main reasons for the legislation. Article 12 The judicial administrative organ of the Municipal People's Government shall conduct a comprehensive review of the draft local regulations and the application and suggestions for formulating government regulations, formulate an annual legislative plan, and submit it to the Municipal People's Government for approval. When necessary, relevant departments and experts can be organized to conduct joint demonstrations.

The opinions of the relevant special committees of the Municipal People's Congress and the Legal Affairs Committee of the Standing Committee of the Municipal People's Congress shall be solicited before submitting the annual draft local regulations plan to the Municipal People's Government for approval.

When formulating the annual legislative plan, the names, drafting departments, main responsible persons and submission time of draft regulations and rules should be clearly defined. Article 13: The municipal people's government's judicial administrative organ's demonstration of the application project shall mainly focus on the necessity of formulation and the feasibility, legality and rationality of the content.

Projects will not be approved under any of the following circumstances:

(1) Not in line with the core socialist values;

(2) Matters to be regulated It does not fall within the legislative authority of local regulations or government regulations;

(3) Laws, administrative regulations and departmental rules have specific provisions and do not need to be formulated;

(4) To be established The main system conflicts with laws and regulations or does not comply with relevant national guidelines and policies;

(5) Does not meet the actual situation and needs of the city’s economic and social development;

(6) ) The time for formulation is not yet mature;

(7) There are administrative management needs, but they can be solved by formulating administrative normative documents;

(8) Others are not suitable for formulating local regulations regulations or government regulations.