Article 1: In order to regulate the formulation of regulations of the People's Government of this Municipality and ensure the quality of the regulations, in accordance with the "Legislation and Regulations of the People's Republic of China" and "Regulations on the Procedures for Formulation of Regulations" and in combination with the actual situation of this Municipality, these Regulations are formulated this method. Article 2 These Measures shall apply to the establishment, drafting, review, decision-making, announcement, filing, interpretation, evaluation, sorting, and file management of regulations. Article 3 When formulating regulations, the party's basic theory, basic line, and basic strategy shall be implemented, the legislative principles determined by the "Legislation and Regulations of the People's Republic of China" and "Regulations on Rules-making Procedures" shall be followed, and scientific legislation, democratic legislation, and Legislate in accordance with the law and comply with the provisions of the Constitution, laws, administrative regulations and other superior laws. Without laws, administrative regulations, or local regulations as a basis, norms that detract from the rights of citizens, legal persons, and other organizations or increase their obligations may not be set.
The formulation of supporting rules for political laws and regulations and major economic and social rules shall be reported to the Municipal Party Committee in a timely manner in accordance with relevant regulations. Article 4: Regulations shall be formulated based on the overall interests of the country and the interests of the people, and shall not seek departmental interests. Article 5 The Municipal People's Government shall prepare an annual government regulations formulation plan and announce it to the public in the first quarter of each year. The municipal judicial administration department shall be responsible for the specific preparation work. The annual government regulations formulation plan should specify the name of the regulations, project category, drafting unit, completion time, etc., and also clarify major and important regulatory projects that need to be reported to the municipal party committee.
The project categories of the annual government regulations formulation plan include within-year review projects, timely review projects and research projects. Projects to be reviewed during the year should be submitted to the Municipal People's Government for review that year; if the conditions for timely review of the project are mature, they can be submitted to the Municipal People's Government for review that year; research projects should be subject to legislative research in the same year.
In principle, items for timely review that are not submitted to the Municipal People's Government for deliberation in the annual government regulations formulation plan should be prioritized as items for review within the next year; research projects should be prioritized as items for timely review in the next year.
The Municipal People's Government may prepare government regulations and formulate a five-year plan, and the specific preparation work shall be carried out with reference to the annual government regulations formulation plan. Projects included in the five-year plan for the formulation of government regulations should be prioritized for inclusion in the annual plan for the formulation of government regulations. Article 6 If the municipal government departments, district people's governments and relevant units believe that it is necessary to formulate regulations, they shall submit a project application to the municipal judicial administration department.
The municipal judicial administrative department may propose project proposals for formulating regulations to the municipal government work departments, district people's governments and relevant units. The municipal government work departments, district people's governments and relevant units shall conduct research and shall not adopt them. Give reasons.
Citizens, legal persons and other organizations may submit suggestions for formulating rules to the municipal judicial administration department in accordance with the relevant provisions of the "Guangzhou Municipal Rules and Regulations Formulation Measures for Public Participation". Article 7 If any of the following circumstances occurs, the organization and implementation unit of the rules shall submit a project application to modify or abolish the regulations to the municipal judicial administration department:
(1) The higher-level law on which the regulations are based has been modified or abolished;
(2) The main contents of the regulations have been replaced by higher-level laws or other regulations;
(3) The main contents of the regulations no longer meet the needs of comprehensively deepening reform and economic and social development. ;
(4) Other circumstances that should be modified or abolished. Article 8 To apply to be listed as a project for review within the year or a project for review in due course, the following materials must be submitted:
(1) Project establishment proposal;
(2) Project establishment demonstration report;
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(3) First draft of rules and regulations and their annotated drafts;
(4) Compilation of relevant laws, regulations, rules and policy documents;
(5) Investigation and research and summary of opinions from all parties;
(6) Other relevant materials.
If you apply to be listed as a research project, you may only submit the project proposal and project demonstration report specified in the preceding paragraph.
Project application materials shall be reviewed by the organization responsible for the rule of law of the unit and signed by the principal person in charge of the unit. Article 9 If a project application falls under any of the following circumstances, the project will not be approved:
(1) The main system to be established conflicts with the constitution, laws and regulations or is inconsistent with the relevant policies of the party and the state. ;
(2) Exceeding the legislative power of this city’s rules and regulations;
(3) Relevant laws, regulations and rules have provided solutions to the main problems to be solved;
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(4) Not meeting the city’s needs for comprehensively deepening reform and economic and social development;
(5) Other circumstances that do not meet the project approval conditions. Article 10 To be listed as a review item within the year or a timely review item, the following conditions must be met:
(1) It has legislative necessity and urgency;
(2) The proposed solution has been Propose reasonable and feasible plans for the main issues and the main systems or measures to be established;
(3) Meet the submission material requirements stipulated in Article 8 of these Measures.
To be listed as a research project, it should have legislative necessity, and preliminary research and demonstration work have been carried out on the main issues involved and the main systems or measures to be established.
Article 11 The municipal judicial administrative department shall, in accordance with the project establishment conditions stipulated in Articles 8, 9, and 10 of these Measures, evaluate and demonstrate project establishment applications and rule-making project suggestions put forward by the public, and prepare an annual draft government rule-making plan. , report to the Municipal People's Government for review and be announced to the public after approval by the Municipal Party Committee.