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Measures of Zhejiang Provincial People's Government on Formulating Draft Local Regulations and Rules
Chapter I General Provisions Article 1 In order to strengthen the legal work of the government, formulate draft local laws and regulations in a scientific, legal and orderly manner, and improve the quality of government legislative work, these Measures are formulated in accordance with the Organic Law of People's Republic of China (PRC) Local People's Congresses and Local People's Governments at All Levels and the Provisions of the Standing Committee of Zhejiang Provincial People's Congress on the Procedures for Formulating Local Laws and Regulations, and in combination with the actual situation of this province. Article 2 The draft local regulations referred to in these Measures (hereinafter referred to as the draft regulations) refers to the draft normative documents with universal binding force that are formulated by the provincial people's government (hereinafter referred to as the provincial government) in accordance with the authority prescribed by law, submitted to the provincial people's congress or its standing committee for deliberation and promulgation, and implemented throughout the province.

The term "regulations" as mentioned in these Measures refers to the normative documents with universal binding force formulated by the provincial government according to the authority prescribed by law, promulgated by the provincial government order and implemented in the whole province. Article 3 The legislative work of the provincial government must follow the principle of "close integration of reform decision-making, development decision-making and legislative decision-making", and fully reflect the objective needs of the national economic and social development of this province. Article 4 The Legislative Affairs Bureau of the provincial people's government (hereinafter referred to as the Legislative Affairs Bureau of the provincial government) is responsible for the overall work of the government's legal system, compiling the draft legislative work plan of the provincial government, organizing the implementation of the legislative work plan, and undertaking the audit function of the provincial government in considering the draft laws and regulations. Article 5 Strengthen the leadership of the government's legislative work (hereinafter referred to as legislative work), promote the construction of legislative work team, improve the quality and efficiency of legislative work, and provide necessary conditions for ensuring the timely completion of legislative work tasks. Chapter II Compilation of Legislative Work Plan Article 6 The legislative work plan shall be compiled according to the legislative year. The annual plan includes two parts: draft regulations and draft regulations, which are divided into Class I plan and Class II plan respectively.

Projects with mature conditions are included in the first-class plan; Projects that are not yet mature and need investigation and demonstration are included in the second-class plan.

When the provincial government deems it necessary, it can also prepare a longer legislative work plan. Article 7 If the Municipal People's Government, the regional administrative office (hereinafter referred to as the municipal (prefectural) government) and the departments directly under the provincial people's government (hereinafter referred to as the provincial departments) need to put forward proposals for legislative projects, they shall submit the proposals for legislative projects for the next year to the Legislative Affairs Bureau of the provincial government before the end of February of that year. Before the proposal of legislative projects is submitted, it must be discussed and approved by the municipal (prefecture) government and the department leaders. Article 8 The Legislative Affairs Bureau of the provincial government shall, when preparing the draft annual legislative work plan, follow the principles stipulated in Article 3 of these Measures, and combine the legislative requirements and suggestions put forward by the provincial government, the municipal (prefectural) government leaders and the provincial departments. After comprehensive coordination, the draft annual legislative work plan was submitted to the executive meeting of the provincial government for approval. Approve the draft regulations and submit them to the Standing Committee of the Provincial People's Congress. Article 9 The municipal (prefectural) government or provincial department that undertakes the task of drafting laws and regulations must complete the drafting of the draft on time according to the requirements of the annual legislative work plan. Due to special circumstances can not be completed on time, or cancel the planned project, we must make a written explanation to the Legislative Affairs Bureau of the provincial government 0 months in advance, and report to the provincial government leaders for approval.

Due to special circumstances, it is necessary to put forward suggestions for unplanned legislative projects, and shall solicit the opinions of the Legislative Affairs Bureau of the provincial government in advance, and organize the implementation after the approval of the leaders of the provincial government. Article 10 The Legislative Affairs Bureau of the provincial government shall report the implementation of the annual legislative work plan to the provincial government. Chapter III Drafting of Draft Regulations and Rules Article 11 Draft regulations and rules are generally drafted by the municipal (prefecture) government or the provincial department that proposes the legislative project; The content involves two or more municipal governments or provincial departments, drafted by the relevant municipal government or provincial departments; Important draft laws and regulations can be drafted by the Legislative Affairs Bureau of the provincial government to organize relevant municipal (prefectural) governments or provincial departments or directly.

When drafting the draft laws and regulations, a drafting group shall be formed or a special person shall be appointed to be responsible for the drafting work, and the competent leader of the drafting unit or department shall strengthen the organization and leadership of the drafting work. Twelfth draft regulations and rules must meet the following requirements:

(a) the draft regulations shall not contravene the Constitution, regulations and administrative rules, and the draft regulations shall be based on laws and regulations;

(two) insist on proceeding from reality, according to the needs and possibilities, carefully investigate and study, listen to the opinions of all parties, especially the grassroots, and conduct scientific argumentation to make the regulations feasible, and shall not expand administrative functions in drafting;

(3) the contents of the draft laws and regulations (legislative purpose and basis, competent department, adjustment object, scope of application, rights and obligations, legal responsibilities, etc.). ) must be specific, clear, well-structured, concise, accurate, easy to understand, and meet the requirements of the specification. Thirteenth drafting units or departments in the process of drafting laws 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 strive to reach a consensus; For the problems that are difficult to coordinate, when submitting the draft laws and regulations to the provincial government, a specific written explanation shall be attached.

Draft laws and regulations that have not been consulted and coordinated shall not be reported.