No. 281 Order of Wuhan Municipal People’s Government

It is hereby promulgated that the Provisions on Procedures for the Formulation of Rules of Wuhan Municipal People’s Government have been adopted at the 24th Executive Meeting of Wuhan Municipal People’s Government on August 15, 2017, and shall be implemented as of October 1, 2017.

 

 

Mayor: Wan Yong

September 2, 2017

 


Provisions on Procedures for the Formulation of Rules of Wuhan Municipal People’s Government

 

Chapter I   General Provisions

Article 1 With a view to standardizing the formulation of rules of Wuhan Municipal People’s Government, promoting scientific and democratic legislation, improving the quality of legislation, and protecting the lawful rights and interests of citizens, legal entities and other organizations, these Provisions are formulated in accordance with the Legislation Law of the People’s Republic of China (hereinafter referred to as the Legislation Law), the Regulations on Procedures for the Formulation of Rules (Order No. 322 of the State Council, hereinafter referred to as the Regulations) and other laws and regulations, and in the light of the actual situations of this Municipality.

Article 2 These Provisions apply to the project establishment, drafting, examination, decision on, promulgation, interpretation, filing, appraisal and clean-up of rules of Wuhan Municipal People’s Government (hereinafter referred to as the rules).

Article 3 The formulation of rules shall comply with the legislative principles, extent of competence, and procedures established by the Legislation Law and the Regulations, and fit in with the requirements of economic and social development and comprehensive deepening of the reform. The rights and duties of citizens, legal entities and other organizations, and the powers and responsibilities of administrative organs shall be scientifically and rationally stipulated. The rules shall be pertinent and operable based on the actual needs of this Municipality.

Article 4 Rules formulated by the Municipal People’s Government shall be limited to the issues such as urban and rural construction and administration, environmental protection, and protection of history and culture, etc..

Where the conditions for the formulation of a local regulation are not ripe, the Municipal People’s Government may, due to its urgent need of administration, work out a rule first. If, after two years’ implementation of such rule, the administrative measures provided thereunder still remain effective, the Municipal People’s Government shall file an application for the formulation of a local regulation to the Municipal People’s Congress or its Standing Committee.

Article 5 The Municipal People’s Government shall exercise overall leadership over the formulation of rules, study and solve the major problems thereof, and incorporate the funds needed by the formulation work into its fiscal budget.

Article 6 The department of legislative affairs of the Municipal People's Government is responsible for organization, guidance and coordination with respect to the formulation of rules.

The people’s governments at the district level (incl. the administrative committees of Wuhan East Lake High-tech Development Zone, Wuhan Economic and Technological Development Zone, Wuhan East Lake Eco-tourism Scenic Spot and Wuhan Chemical Industry Park, the same below), the departments of the Municipal People’s Government, and the related entities shall cooperate in the formulation of rules as required.

 

Chapter II   Project Establishment

Article 7 The department of legislative affairs of the Municipal People's Government shall, in the fourth quarter of each year, solicit suggestions from the people's governments at the district level, the departments of the Municipal People's government and the related entities for the project establishment of rules to be formulated in the next year, and announce to the public the aforementioned suggestion solicitation.

Article 8 A people's government at the district level, a department of the Municipal People's government or a related entity who considers it necessary to formulate a rule shall, after group discussion and decision-making, submit its application for the project establishment of a rule, which has been signed by the person chiefly in charge of the district, the department or the entity, to the department of legislative affairs of the Municipal People's Government within a prescribed time limit.

The department of legislative affairs of the Municipal People's Government may directly propose the rule projects to meet the work requirements of the Municipal People’s Government or the need of its actual work.

Article 9 An application for the project establishment of a rule submitted by a people's government at the district level, a department of the Municipal People's government or a related entity shall include:

(1) the name of the rule;

(2) the scope of issues to be adjusted and the main issues to be solved by such rule;

(3) the necessity and feasibility of formulation;

(4) the laws, regulations and policies on which the rule is based;

(5) the formulation schedule and the suggested deliberation time of the Municipal People's government; and

(6) other issues that require explanation.

Article 10 Citizens, legal entities and other organizations may put forward their suggestions for the project establishment of rules to the legal institution under the Municipal People's government by letter, e-mail or fax, and make written explanations on the necessity of formulation, the main issues to be solved, and the main systems to be established.

Article 11 The department of legislative affairs of the Municipal People's Government shall collect the applications and suggestions for the project establishment of rules and organize the relevant departments to conduct studies. Where a project to be established involves complicated issues, the department of legislative affairs of the Municipal People's Government may organize a feasibility study meeting to demonstrate them.

Article 12 The department of legislative affairs of the Municipal People's Government shall not establish a project for an issue under any of the following circumstances:

(1) of which the regulation is not within the scope of rule-making authority;

(2) on which the superior laws have had explicit and specific provisions;

(3) that is subject to the regulation and settlement by disciplines, policies, morals and social autonomy;

(4) that is subject to the coordination and settlement by plans, technical standards and law enforcement; or

(5) in other circumstances where the formulation of rules is not necessary.

Article 13 The department of legislative affairs of the Municipal People's Government shall, based on the overall deployment of annual work of the Municipal People's government and on the application and the solicitation of suggestions for the project establishment of rules, formulate an annual work plan for the formulation of rules, and before organizing its implementation, submit it to the Municipal People's government for approval.

Article 14 An annual work plan for the formulation of rules shall divide the established projects into formal projects and research projects in term of the urgency of legislative demand, the degree of social awareness and the completion of basic work.

An annual work plan for the formulation of rules shall specify the names of the projects and the drafting entities, and for formal projects, also the submission time of the drafts for examination.

Article 15 Alegislation project with ripe conditions and time that can be submitted to the Municipal People's Government for deliberation in the current year shall be incorporated into formal projects. The determination of formal projects shall give priority to the mature research projects in the annual work plan of the previous year that have undergone investigations and feasibility study.

For a project that is to be incorporated into formal projects, the drafting entity shall, in general, submit the first draft of the rules and the research report along with its written application for project establishment.

Article 16 A legislation project that is really necessary to be established but the conditions and time thereof are not ripe shall be incorporated into research projects.

Article 17 After the Municipal People's government publicizes its annual work plan for the formulation of rules, a drafting entity shall make a work plan, specifying the person in charge of the project, the work schedule and so on, and submit it to the department of legislative affairs under the Municipal People's Government. The department of legislative affairs  under the Municipal People's Government shall, based on its annual work plan for the formulation of rules,understand timely the drafting status, focuses and difficulties and the main existing problems of a legislation project.

Article 18 A project which is not incorporated in an annual work plan for the formulation of rules shall not be dealt with in principle. Where, as a result of the development of situation or any change in work, it is really necessary to add or cut a project, an entity concerned shall file a written application to the department of legislative affairs under the Municipal People's Government, while the latter shall carry out feasibility study jointly with the relevant departments, then submit its proposal to the Municipal People's Government for approval, and lastly, make appropriate adjustments after approval. The department of legislative affairs under the Municipal People's Government can also put forward a proposal for adding or cutting a project to the Municipal People's Government according to its actual needs.

Article 19 If a drafting entity fails to submit the draft of a formal project established under an annual work plan for the formulation of rules to the Municipal People's Government for examination, it shall explain the reason in writing  thereto .

 

Chapter III   Drafting

Article 20 Rules shall, in general, be drafted by a competent administrative department. Where the responsibilities of two or more departments are involved or the contents are complicated, the Municipal People's Government shall designate a department to lead the drafting work. For a legislation project concerning the regulation of the joint acts of governments, the department of legislative affairs under the Municipal People's Government shall be responsible for drafting.

For a legislation project where the interests of several parties are to be balanced, where the inclination of departmental interests is likely to occur, or where complicated professional knowledge is involved, the drafting entity may entrust the drafting work to a third party according to law, such as the relevant experts, institutions of higher education, research institutes and/or social organizations. In the event of entrusted drafting, the entrusting party shall strengthen its guidance to ensure the quality of the drafting work.

Article 21 A draft of rules shall meet the following requirements:

(1) It conforms with the provisions of superior laws and regulations, and is consistent with other relevant rules;

(2) The administrative measures that have been worked out shall be practical and balance the interests of all parties, without increasing the departmental powers or reducing departmental responsibilities arbitrarily;

(3) The measures laid down under the rules for reducing the rights or increasing the obligations of citizens, legal entities and other organizations shall be based on laws and regulations;

(4) The administrative provisions shall be specific, explicit and detailed, and be perspective and operable; and

(5) The literal expressions of articles shall conform to the technical requirements of legislation with accurate and concise wording, to the national norms of the standard spoken and written Chinese language, and to the expression habits of law language.

Article 22 Effective solutions shall be proposed during the drafting of rules by means of making sufficient investigations, soliciting comments in writing and by network, holding panel discussions, feasibility study meetings and hearings or issuing questionnaires to collect comments extensively, analyzing the main problems to be solved, and collecting the relevant information.

Article 23 If the rules involve the responsibilities of other competent administrative departments or entities, a drafting entity shall solicit comments from such departments or entities.

The relevant competent administrative departments and entities shall promptly feed back their written comments on revision to the drafting entity.

The drafting entity shall seriously study the comments on revision proposed by the relevant competent administrative departments and entities, and if the comments are reasonable, shall adopt them. Where any dispute arises, full consultation shall be made. if they fail to reach a consensus after consultation, the drafting entity shall, along with its draft of rules, submit the written explanations to state the circumstances and reasons.

Article 24 If the rules to be drafted involve adjustment of major administration systems or major policies, a drafting entity shall report in advance to the Municipal People’s Government for discussion and determination.

Article 25 The explanations of a draft shall be made together with such draft and shall state:

(1) the necessity and feasibility of formulating the rules;

(2) the basic principles and guiding ideology for formulating the rules;

(3) the process of drafting;

(4) an explanation of the main systems and measures;

(5) a key explanation of the matters related to administrative licensing, administrative penalty, administrative coercion, charging, adjustment of major systems and major policies, etc.;

(6) coordination and treatment of the major differences of comments during the drafting process; and

(7) other matters that require explanation.

Article 26 A drafting entity shall assess the system integrity of its draft for examination, particularly the contents related to administrative licensing, administrative penalty, administrative inspection, charging and special fund management.

Article 27 A draft for examination shall, after being determined by the drafting entity through group discussion, be signed by the person chiefly in charge of the drafting entity and submitted to the Municipal People’s Government for examination. A draft that is made jointly shall, after being signed jointly by the persons chiefly in charge of the drafting entities involved, be submitted to the Municipal People’s Government for examination.

Article 28 The materials submitted by a drafting entity to the Municipal People’s Government for examination shall include:

(1) an application for examination of the draft;

(2) the draft for examination (for revised rules, both the versions before and after revision shall be submitted);

(3) the explanations of the draft;

(4) the laws, regulations and policies on which the drafted rules are based;

(5) the information on soliciting and adopting comments;

(6) an assessment report on system integrity; and

(7) other materials that require submission.

Article 29 During drafting, the department of legislative affairs of the Municipal People's Government may perform an early intervention, namely to be acquaint with the drafting process, to participate in the investigation and feasibility study, and to propose comments and suggestions.

 

Chapter IV   Examination

Article 30 A draft of rules submitted by a drafting entity shall, after being signed by a leader of the Municipal People’s Government, be delivered to the department of legislative affairs of the Municipal People's Government for examination.

The department of legislative affairs of the Municipal People's Government shall, mainly in the following aspects, examine the legality, rationality, feasibility and legislative techniques of a draft for examination:

(1) whether it conforms to the provisions of superior laws and regulations, and whether it is consistent with other relevant rules;

(2) whether it is within the legislative competence of rules, and whether it reduces the rights or increases the obligations of citizens, legal entities and other organizations in violation of law;

(3) whether it embodies the unity of powers and responsibilities of administrative organs;

(4) whether it meets the technical requirements of legislation;

(5) whether it is in line with local actualities and is conducive to promoting fair competition and economic and social development; and

(6) other aspects that require examination.

Article 31 Where a draft for examination falls under any of the following circumstances, the department of legislative affairs of the Municipal People's Government shall suspend examination and require the drafting entity to work out a new draft or propose a scientific and reasonable solution within six months as of the date of the said suspension:

(1) It is not consistent with the provisions of superior laws and regulations, and its basic contents are not ripe;

(2) It basically copies and imitates superior laws and regulations without new solutions;

(3) It intensifies departmental powers or emphasizes departmental interests and local protectionism inappropriately, and requires material amendment;

(4) The relevant departments who hold major differences on their comments fail to reach a consensus after consultation and to state the circumstances and reasons; or

(5) The legislative conditions have changed significantly, or the time of legislation is not ripe.

Article 32 If a drafting entity fails to complete the redrafting work or propose a scientific and reasonable solution within six months as of the date of suspension of examination, the department of legislative affairs of the Municipal People's Government may terminate examination.

Article 33 After the department of legislative affairs of the Municipal People's Government makes amendments to a draft for examination submitted by a drafting entity in its preliminary examination, a draft for comment is thus formed.

Comments shall be solicited extensively for a draft for comment from the people’s governments at the district level, the relevant departments of the Municipal People's Government, the administrative counterparts, and the public.

Article 34 The department of legislative affairs of the Municipal People's Government shall upload a draft for comment and its drafting instructions to the legal web of Wuhan Municipal People's Government to solicit public comments generally for a duration of not less than 30 days.

Citizens, legal entities or other organizations may propose their comments and suggestions by letter, fax or email, and the proposed comments and suggestions shall be specific and concrete.

Article 35 The department of legislative affairs of the Municipal People's Government shall hold panel discussions on the major problems to be solved, the major measures to be taken and the major systems to be established in a draft for comment, and listen to the comments from the relevant grass-roots departments, organizations and administrative counterparts.

Article 36 The department of legislative affairs of the Municipal People's Government shall hold expert feasibility study meetings to demonstrate the following aspects involved in a draft for comment:

(1) the necessity, rationality, legality and feasibility of formulation;

(2) the professional and technical contents; and

(3) the controversial problems, measures and systems.

Article 37 This Municipality practices a government legislation consultation system. The department of legislative affairs of the Municipal People's Government shall, within 30 days as of the date of printing and distribution of an annual work plan of the Municipal People's Government for the formulation of rules, determine the annual legislation consultation projects of rules jointly with the relevant special committee of the Municipal Committee of CPPCC.

Legislation consultation of rules shall be arranged in the form of written solicitation of comments or panel discussion. Where written solicitation of comments is adopted, the department of legislative affairs of the Municipal People's Government shall promptly deliver a draft for comment and its drafting instructions and relevant reference materials to the relevant special committee of the Municipal Committee of CPPCC. Where a panel discussion is held to solicit comments, the department of legislative affairs of the Municipal People's Government shall cooperate with the relevant special committee of the Municipal Committee of CPPCC in the work concerned and give an explanation for the relevant problems in a draft for comment.

The department of legislative affairs of the Municipal People's Government shall study seriously the comments proposed in legislation consultation and, without delay, feedback its adoption of comments in appropriate forms to the relevant special committee of the Municipal Committee of CPPCC.

Article 38 In any of the following circumstances, the department of legislative affairs of the Municipal People's Government may organize a hearing for a draft for comment:

(1) involves directly the vital interests of citizens, legal entities or other organizations, and the interested parties hold major differences in their comments; or

(2) involves vital public interests, and it is necessary to listen to the comments from the representatives of related interested groups.

Article 39 The participants of a hearing shall be constituted by:

(1) the interested parties related to the implementation of rules;

(2) experts and scholars in the pertinent fields; and

(3) the governmental departments, social organizations and other persons whose participation is considered necessary by the department of legislative affairs of the Municipal People's Government.

The number and composition ratio of participants of a hearing shall be determined by the department of legislative affairs of the Municipal People's Government in the light of the actual situation of the project concerned.

Article 40 A hearing shall be organized according to the following procedures:

(1) A hearing is held in public, and the department of legislative affairs of the Municipal People's Government shall release the time, place and topic of a hearing 30 days prior to the date of the hearing;

(2) The entities, organizations and citizens attending a hearing have the right to ask questions and express their comments; and

(3) A hearing shall have written records that truthfully provide the main viewpoints and reasons of spokespersons.

The department of legislative affairs of the Municipal People's Government shall seriously study the various comments contained in the records of a hearing, and shall explain its handling of those comments and the reasons for such handling when it applies for deliberation at an executive meeting or a plenary meeting of the Municipal People's Government.

Article 41 The department of legislative affairs of the Municipal People's Government shall collate and study the collected comments and suggestions, adopt those reasonable, and after promulgation of the rules, release to the public its adoption of comments through the legal web of Wuhan Municipal People's Government.

Article 42 If any relevant competent administrative department holds different comments on the administrative system, assignment of responsibilities, major measures or other matters involved in a draft for comment, the department of legislative affairs of the Municipal People's Government shall give coordination. If they fail to reach a consensus after coordination, the major problems, the comments of the relevant competent administrative department and the comments of the department of legislative affairs of the Municipal People's Government shall be submitted to the leader in charge of such dispute of the Municipal People's Government for further coordination. If further coordination still fails, they shall be submitted for decision-making at an executive meeting or a plenary meeting of the Municipal People's Government.

Article 43 The department of legislative affairs of the Municipal People's Government shall form a draft of rules and its instructions after revising a draft for comment, and submit them for deliberation at an executive meeting or a plenary meeting of the Municipal People's Government.

 

Chapter V   Decision and Promulgation

Article 44 When a draft of rules is deliberated at an executive meeting or a plenary meeting of the Municipal People's Government, explanations shall be made by the person-in-charge of the department of legislative affairs of the Municipal People's Government, and supplementary explanations for professional matters shall be made by the person-in-charge of the drafting entity.

Article 45 After deliberation on a draft of rules, the department of legislative affairs of the Municipal People's Government shall organize relevant departments and entities to revise and improve the draft of rules in accordance with the deliberation comments, and submit the revised draft to the Mayor of the Municipal People's Government for the signing of an order of the Municipal People's Government to promulgate the rules.

Article 46 Rules shall, within 10 working days as of their signing and promulgation, be promptly published in the Gazette of the Municipal People's Government, in Changjiang Daily, and on the Municipal People's Government Portal. The texts of rules that are published in the Gazette of the Municipal People's Government shall be the authentic texts.

Article 47 The department of legislative affairs of the Municipal People's Government shall formulate a guide for the rules that have been signed and promulgated, which includes the background of formulation, key contents, characteristics and highlights, practicable measures, etc..

A guide for rules shall be published in Changjiang Daily and on the Municipal People's Government Portal along with the text of rules.

Article 48 Unless otherwise provided by laws and regulations, rules shall take effect after 30 days as of the date of promulgation; but the rules of which the implementation will be impeded if they are not implemented promptly may take effect on the date of promulgation.

A department responsible for the implementation of rules shall prepare the publicity and implementation work prior to the implementation.

 

Chapter VI   Interpretation and Filing

Article 49 For rules in any of the following circumstances, the Municipal People's Government shall be responsible for interpretation:

(1) The provisions of rules need further definitions; or

(2) New circumstances arise after the formulation of rules, which needs determination of the applicable basis of rules.

Matters involving the specific applications of rules shall be interpreted by a department responsible for the implementation thereof.

Article 50 Where rules need interpretation by the Municipal People's Government, the following procedures shall be gone through:

(1) A department responsible for the implementation of rules submits its comments to the department of legislative affairs of the Municipal People's Government for examination.

(2) The department of legislative affairs of the Municipal People's Government, in conformity with the procedures for the examination of rules, examines the comments proposed by a department responsible for the implementation of rules and form a draft of interpretations.

(3) A draft of interpretations, after being submitted to the Municipal People's Government for approval, is promulgated and published in the Gazette of the Municipal People's Government, in Changjiang Daily, and on the Municipal People's Government Portal.

Interpretations of rules have the same effect as the rules themselves.

Article 51 The Municipal People's Government shall, in accordance with the Legislation Law and the Regulations, submit the rules for filing to the State Council, the Standing Committee of the Provincial People’s Congress, the Provincial People’s Government, and the Standing Committee of the Municipal People’s Congress within 30 days as of the date of promulgation.

 

Chapter VII   Appraisal, Clean-up, Revision and Repeal

Article 52 This Municipality practices a system of appraisal after rules-making. The department of legislative affairs of the Municipal People's Government shall appraise the rules that :

(1) have been implemented for five years;

(2) are to ascend to local regulations as planned;

(3) need overall or significant revision;

(4) involve the vital interests of the public and affect the social economic development; or

(5) need appraisal as considered by the Municipal People's Government.

The appraisal items mainly include the implementation performance, legislative contents and legislative techniques, and the problems existing during implementation.

Article 53 The department of legislative affairs of the Municipal People's Government may entrust the appraisal after rules-making to a third party such as the relevant experts, institutions of higher education, research institutes or social organizations, and an appraisal report shall be made thereafter.

Article 54 Appraisal reports shall be an important basis for the formulation of legislative work plans, the revision and repeal of rules, and the improvement of administrative enforcement. If an appraisal report considers that the rules require revision or repeal, the original drafting entity shall organize revision or apply for repeal according to the statutory procedures.

 If an appraisal report proposes improvement suggestions for the implementation of rules, a relevant competent administrative department shall take practicable measures without delay.

Article 55 The department of legislative affairs of the Municipal People's Government shall organize periodic clean-up of rules, or carry out special clean-up as required by the State or the Province.

With respect to the clean-up of rules, the department of legislative affairs of the Municipal People's Government shall examine and form its clean-up results from the preliminary comments raised by the drafting entities of rules, and then submit the results to the Municipal People's Government for determination.

The clean-up results shall be released to the public.

Article 56 Rules shall be revised or repealed in due time according to the needs of economic and social development, or the appraisal reports or the clean-up results.

Where the rules fall under any of the following circumstances, a drafting entity shall promptly propose a suggestion for revision or repeal to the Municipal People's Government:

(1) the rules are inconsistent with or conflict with a new superior law that has been promulgated;

(2) the superior laws on which the rules are based have been revised materially or repealed;

(3) the contents of rules have become unsuitable for the actual needs; or

(4) other circumstances where revision or repeal is needed.

The procedures for the revision or repeal of rules shall be fulfilled with reference to the relevant provisions of these Provisions.

After the revision of rules, the new texts of rules shall be promulgated without delay.

 

Chapter VIII   Supplementary Provisions

Article 57 The department of legislative affairs of the Municipal People's Government shall be responsible for compiling the translated rules and the bilingual or multilingual versions of rules.

Article 58 The drafting of the drafts of local rules submitted by the Municipal People's Government to the Municipal People's Congress or its Standing Committee for deliberation shall be handled with reference to these Provisions.

Article 59 These Provisions shall come into force as of October 1, 2017.

 

 

 

To:

People’s governments at the district level, departments of the Municipal People’s Government.

Office of Legislative Affairs of the Provincial People’s Government.

General Office of the Municipal Party Committee, Wuhan Garrison Command, people’s organizations, Democratic Parties.

General Office of the Standing Committee of the Municipal People’s Congress, General Office of CPPCC Wuhan Committee, Municipal People’s Court and Procuratorate.

News agencies, enterprises and institutions affiliated to ministries.

General Office of Wuhan Municipal People’s Government

Printed and Distributed on September 7, 2017