Archived（Jun 2, 2019）
(Decree No. 218 of Shenzhen Municipal People’s Government Promulgated on April 29, 2010)
Chapter One General Principles
Article 1 In order to regulate procedures for the formation of the rules and the preparation of Shenzhen Special Economic Zone local draft resolutions of rules and regulations (hereinafter referred to as the draft resolutions), improve the work efficiency of the formulation and preparation, and guarantee the quality of the rules and draft resolutions, the People’s Government of Shenzhen Municipality (hereinafter referred to as the municipal government) makes out these provisions according to the Legislation Law of the People’s Republic of China, the Procedures for Formulating Rules, Shenzhen Rules on Formulating Laws and Regulations and other laws and regulations and in light of the specific situations of the municipality.
Article 2 These provisions are applicable to setting up, drafting, arguing, deciding and promulgating rules, and setting up and preparing government draft regulations.
Article 3 The term in these provisions, “rule”, refers to the normative document that the municipal government prepares within its power in accordance with the procedures prescribed in these provisions and is promulgated in the form of government decree.
The term in these provisions, “draft resolution”, refers to the normative document prepared in accordance with the procedures prescribed in these provisions and submitted to Shenzhen Municipal People’s Congress or its Standing Committee for consideration in the form of a government motion.
Article 4 The name of the rule includes the “provision”, “measure”, “decision”, “implementation rule” and “implementation measure”.
The rules formulated by the municipal government according to the law and in the light of the actual situations of the municipality are referred to as the “implementation rules” and “implementation measures” or “rules” and “measures”.
The rules formulated individually by the municipal government in the limit of its power prescribed by law and in the light of the actual situations of the municipality are referred to as the “provisions”, “measures” or “interim provisions” and “interim measures”.
Article 5 The rules and draft regulations shall be compact, clear and well organized in structure, and accurate, concise and understandable in wording.
The contents of the rules and draft regulations shall be expressed in the forms of articles and clauses, which can be subdivided into paragraphs, items and subjects. If there are more articles and clauses, they can be divided into chapters and sections.
The order number for “articles” is expressed in Chinese figures in turn; “paragraphs” shall not be numbered; the order number for “items” is in Chinese figures in parenthesis; the order number for “subjects” is presented in Arabic numerals.
Article 6 The formulation of rules and the development of draft resolutions shall comply with the following principles:
(1) to follow the provisions of the Constitution and the basic principles or the provisions of laws and administrative regulations and the actual situations of the municipality;
(2) to persist in reform and innovation and adhere to the combination of reform and decision;
(3) to adhere to the uniformity of the socialist legal system, develop the socialist democracy and embody the will of the people;
(4) to adhere to the open and fair principle, improve the quality of legislation and enhance the maneuverability;
(5) to draw on the experience of domestic and foreign legislation, and regulate social relations scientifically and legitimately.
Article 7 The municipal legislative affairs organ is the competent authority to formulate rules and prepare draft resolutions.
The municipal legislative affairs organ as the municipal government authority for formulating and preparing regulations (hereinafter referred to as the municipal regulation drafting organ) shall assume the responsibility prescribed in Article 14 of these provisions to draft the municipal government rules and draft regulations intensively.
The municipal government shall establish a professional technical training mechanism for legislative draftsmen of the municipal regulation drafting organ.
The municipal regulation drafting organ is responsible for the following tasks:
(1) to work out the planning of the formulation of rules and preparation of draft resolutions and the annual legislation draft plan, which shall be reported to the municipal government for implementation after approval;
(2) to organize the intensive drafting of the rules and the draft regulations or entrust the drafting of the legislative matters prescribed in Article 14 according to the annual legislative plan of the municipal government;
(3) to examine, coordinate and modify the rules and the draft regulations;
(4) to be responsible of the work of putting in order, interpreting and publishing the rules in accordance with the relevant provisions;
(5) to make the legal performance evaluation of the rules promulgated and implemented for more than one year;
(6) other work related to the drafting of the rules and draft regulations
Chapter Two Project Establishment
Article 8 The municipal legislative affairs organ shall collect the legislation proposal projects of laws and regulations for the next year before the end of every September from all the municipal government departments, all the district people’s governments and other organizations with public management functions, and shall issue a notice of its collection to the society.
All the municipal government departments, all the district people’s governments and other organizations with public management functions shall apply to the municipal regulation drafting organ for the establishment of the projects of formulating the government laws and regulations according to their work.
Citizens, legal persons and other organizations may apply to the municipal legislative affairs organ for formulating the government laws and regulations and may make legislative proposals.
The municipal legislative affairs organ itself may make legislative proposals to formulate the government laws and regulations according to the social development and government management needs.
Such applications shall be submitted to the municipal legislative affairs organ before October 31 each year.
Article 9 The project application for formulating laws and regulations shall include the following contents:
(1) the names of rules and draft regulations, and the main problems that need standardizing;
(2) the necessity and feasibility of formulating the rule or the draft resolution;
(3) the law and policy basis for formulating the rule or the draft resolution;
(4) the scheduling for formulating the rule or the draft resolution and the suggestion on the time for the municipal government consideration.
Article 10 The municipal legislative affairs organ shall summarize and study the project applications of all the municipal government departments, all the district people’s governments, other organizations with public management functions, citizens, legal persons and other organizations for formulating laws and regulations, and shall make preliminary demonstrations of them. It shall also communicate and coordinate with those that put forward the projects and Shenzhen Municipal People’s Congress Standing Committee (hereinafter referred to as the municipal people’s congress standing committee) and summarize the project applications in written form.
The municipal legislative affairs organ shall organize the units and individuals that make the applications to hold a special coordination meeting to make comprehensive coordination of the summarized project applications, and develop the annual legislative plan of Shenzhen Municipal People’s Government for draft resolution.
The annual legislative plan of Shenzhen Municipal People’s Government for draft resolution shall include the following contents:
(1) the names of the rules or the graft resolutions;
(2) the responsible drafting unit for the projects in the legislative plan;
(3) the planned time for submitting to the municipal government for consideration.
Article 11 The municipal legislative affairs organ shall take advice from citizens, legal persons and other organizations about the annual legislative plan of Shenzhen Municipal People’s Government for draft resolution through the websites of the municipal government and the municipal legislative affairs organ.
The municipal legislative affairs organ shall take advice from the municipal people’s congress standing committee in written form about the annual legislative plan of Shenzhen Municipal People’s Government for draft resolution.
The municipal legislative affairs organ shall summarize the opinions of citizens, legal persons and other organizations as well as the municipal people’s congress standing committee for further study and coordination. If some of the opinions are not adopted, they shall be justified and submitted together with the annual legislative plan for draft resolution to the municipal government executive meeting for discussion.
Article 12 The municipal legislative affairs organ shall, by December 15 of each year, submit the next year’s legislative plans of Shenzhen Municipal People’s Government for draft resolution to the municipal government for approval and implementation thereafter.
The municipal legislative affairs organ shall publish the annual legislative plan of Shenzhen Municipal People’s Government (hereinafter referred to as the annual legislative plan), which is discussed and passed at the municipal government executive meeting, in the websites of the municipal government and the municipal legislative affairs organ within twenty days from the date when it has been passed, and feed back the opinions of citizens, legal persons and other organizations in a unifies way.
Article 13 The municipal government shall strengthen the leadership in the implementation of the annual legislative plan.
In the implementation of the annual legislative plan, the plan can be adjusted according to the actual situation after the approval of the municipal government. In regard to the new legislative project, the project application shall be made in accordance with the provisions in Article 19.
If the municipal government makes some adjustments to the annual legislative plan in accordance with the procedures, the municipal legislative affairs organ shall, through its website, publish them and explain the reasons.
Chapter Three Drafting
Article 14 The municipal regulation drafting organ shall draft intensively the related legislative projects such as the following:
(1) the projects that relates to the common administrative acts;
(2) the projects that a number of departments need but there is no clear competent department in charge;
(3) the projects that standardize the internal management of the departments and organizations with the functions of public management;
(4) the projects that relate to emergency matters;
(5) the projects that are assigned by the municipal government or need drafting intensively.
Article 15 After the release of the annual legislative plan, the unit responsible of drafting the rules and draft regulations shall determine those responsible for the project, the drafting staff and the work plan, and organize the drafting work according to the plan.
If the rules and the draft regulations needs to be intensively drafted by the municipal regulation drafting organ, the unit or individual that puts forward the project application shall, within thirty days from the date when the annual legislative plan is released, submit the main points of the projects to be drafted intensively except for the projects that the government legislative affairs organ proposes itself.
The legislative main points shall describe comprehensively the legislative issues related to the project, and include the following contents:
(1) the relevant background information of legislative project;
(2) the major problems that need solving, the reasons, the analysis of the current situation and the main goal of legislation;
(3) the main system, the management measures and the countermeasures to be taken in order to achieve the legislative goal and their social influence, and the analysis of operability;
(4) the preliminary analysis of the personnel, funds, department coordination and other conditions required to implement the rules and regulations;
(5) the law and policy basis for formulating the regulations and the draft resolutions, the connection of the regulations and the draft resolutions with the existing laws and regulations, and the research and demonstration report on significant issues in the contents of the regulations and the draft resolutions;
(6) any known res judicata and legal opinion texts that will, in fact or in law, encounter difficulties and may affect the legislation;
(7) the provisions that are considered to be specified in legislation.
It is no need for the unit or individual concerned to submit a legislation manuscript together with the legislative main points.
Article 16 The municipal regulation drafting organ shall, according to the annual legislative plan, assign legislative drafting personnel to be responsible for drafting specific legislative projects, and work out the legislative drafting scheduling.
The legislation drafting personnel responsible for specific projects shall collect the comprehensive legislative evidence and relevant information and understand the actual situation according to the application, through legislative investigations and questionnaires; they shall strengthen the contact and communication with the unit or the individual of the legislative project, listen to the introduction, and be well informed of the legislative main points, difficult points and other problems.
For the more specialized legislative project, the municipal regulation drafting organ can entrust other professional institutions with the drafting by bidding.
Article 17 All the municipal government departments, all the district people’s governments and other organizations with public management functions, which apply for the legislative projects that have been identified as the intensively drafted ones, shall actively cooperate with the legislative drafting staff mainly for the following work:
(1) to assign some specially responsible personnel familiar with their businesses to join in drafting work of the legislative projects;
(2) to provide the information required in the legislative projects according to the requirements of the legislative drafting personnel;
(3) to organize the legislative research and demonstration together with the municipal regulation drafting organ;
(4) according to the legislative drafting needs, for the person in charge of the unit to attend the legislative affairs symposium held by the municipal regulation drafting organ and answer the legislative draftsmen’s inquiries;
(5) to assist the municipal regulation drafting organ to hold the meetings for legislative coordination, argumentation and hearing.
Article 18 If the rules and the draft regulations being drafted involve the functions of other government departments or relate closely to other departments, the municipal regulation drafting organ shall fully consult other departments. If the opinions between the departments concerned differ, they shall fully consult them; if a consensus can’t be reached after full consultation, they shall explain the situation and the reasons when they submit the rules and the draft resolutions.
The drafting unit of the rules and the draft regulations shall, in writing, solicit the opinions from the relative people of administration and other interested parties, who are involved in the laws and regulations, and it shall feed back the above opinions in time; if it does not adopt the opinions, it shall also explain the reasons.
Article 19 The municipal legislative affairs organ shall inspect, supervise and urge, guide and coordinate the relevant departments and other relevant units to implement the annual legislative plan and is responsible to fulfill the examination task and the drafting work.
Article 20 If the responsible drafting unit cannot finish drafting task according to the requirements of the plan, it shall make a written report to explain the reasons, and the municipal legislative affairs organ shall offer handling opinions to the municipal government for decision.
Article 21 The municipal legislative affairs organ shall summarize the implementation of the previous year’s annual legislative plan in January each year and report to the municipal government.
Article 22 The drafting responsible unit shall submit the drafting explanation together with the rules and the draft regulations.
The drafting explanation includes the following:
(1) the basic course of the drafting;
(2) the necessity and feasibility for formulating the laws or regulations;
(3) the main contents of the draft resolution and its basis;
(4) other matters that need explaining.
Article 23 When the rules and the draft regulations have been drafted, the principal person in charge of the drafting unit shall sign them and submit to the municipal legislative affairs organ for review.
When the drafting unit submits the manuscript of the rules and the draft regulations for examination and approval, it shall submit the first manuscript of the laws or regulations, the drafting explanation, the circumstances of soliciting and adopting opinions and coordination with the relevant materials on which the drafting is based.
Chapter Four Review and Revision
Article 24 The municipal legislative affairs organ shall review, coordinate and revise the manuscript of the rules and the draft regulations in the following circumstances:
(1) whether it conforms to the provisions of the Constitution and the basic principles or the provisions of the laws and the administrative regulations;
(2) whether it is conducive to the establishment and perfection of the socialist market economy legal system and the administrative management;
(3) whether the necessity of legislation is adequate, and whether the main measures to be taken and the main system to be determined are feasible and operable;
(4) whether it is in harmony and connection with the current laws and regulations of Shenzhen; whether the reasons and basis are sufficient if the current laws and regulations need modifying;
(5) whether the relevant government departments, citizens, legal persons and other organizations have different opinions on the main contents of the draft resolution, and how to deal with these different views;
(6) whether it is in compliance with the requirements of the legislative techniques.
Article 25 In the process of examining and revising the rules and regulations, the municipal legislative affairs organ shall conduct investigations and researches, and make extensive solicitations of the views of the relevant administrative organs, administrative relative persons and all aspects of society and study carefully the major issues and other controversial problems in the rules and the draft regulations.
Article 26 The municipal legislative affairs organ shall publish the rules and the draft regulations submitted by the drafting responsible unit in its website or through the influential media in the administrative region for public opinions, and the public notification period shall not be less than thirty days.
The notice shall include the following contents:
(1) the background information, the purpose, and the necessity and the feasibility of drafting the laws or regulations;
(2) the starting and ending time of soliciting opinions;
(3) the ways for the public to submit opinions;
(4) the full text of the draft for soliciting opinions and the ways for the public to get access to the draft;
(5) the contact departments;
(6) the correspondence address, telephone, fax and e-mail.
The municipal legislative affairs organ shall feed back in time to the public opinions; the feedback shall also explain the reasons for not adopting them and be published in the website of the municipal legislative affairs organ.
Article 27 The municipal legislative affairs organ can convene symposiums for the representatives of the public and the project applicants to discuss the main problems to be solved, the main measures to be taken and the major systems to be established in the laws and regulations concerned.
The municipal legislative affairs organ shall publish to the public the time, the place and the main topics of the symposium five working days ahead in the form of announcement.
The municipal legislative affairs organ shall produce a meeting summery in the conference of the minutes within working days after the symposium and publish it to the public in its website.
Article 28 The municipal legislative affairs organ shall hold the argumentation meeting for the relevant experts to discuss the controversial policies or professional technical problems in drafting the laws and regulations.
The municipal legislative affairs organ shall develop a written report within five working days after the meeting according to the situation of argumentation. Those that attend the meeting shall sign their names on the written report for confirmation and publish it to the public in its website.
Article 29 The municipal legislative affairs organ shall hold a legislative hearing if any of the following circumstances exist in the rules and the draft regulations:
(1) having a significant impact on the urban economic and social development;
(2) having a significant impact on the vital interests of the people;
(3) having significant differences of opinions about the contents;
(4) having the needs to consult the opinions of a wide cross-section of people.
Article 30 The legislative hearing shall follow a fair, open, justifiable and convenient principle and ensure the relative people of equal effective participation in legislation.
The specific measures of holding legislative hearings shall be formulated separately by the municipal government.
Article 31 If the contents of the rules and draft regulations do not conform to the specified requirements or there are greater defects in the legislative techniques, the municipal legislative affairs organ shall ask the drafting unit to draft up or amend them according to the provisions.
Article 32 When the municipal legislative affairs organ examines and amends the rules and the graft regulations, the other relevant government departments shall actively assist it in the investigation and research and provide relevant archives and other necessary conditions.
Article 33 If there are any of the following circumstances in the contents of the rules and the draft regulations, the municipal legislative affairs organ shall issue the announcement in its website or the influential media to the public in the urban administrative region to solicit the public opinions again, and the public notification period shall not be less than thirty days:
(1) having a significant impact on the urban economic and social development;
(2) relating to the rights and interests of the citizens, legal persons and other organizations;
(3) changing significantly in the contents of the rules and the draft regulations after the solicitation.
Any unit and individual shall have the right to make comments on the rules and the draft regulations. The municipal legislative affairs organ shall put in order and study carefully various comments, which shall be taken for reference in the examination and modification and be submitted to the superior departments for consideration.
Article 34 If any of the relevant government departments and other organs that exercise the official administrative power have different opinions on the contents of the rules and the draft regulations, the municipal legislative affairs organ shall coordinate; if there still exists any difference on the major issues after coordination, the municipal legislative affairs organ shall make explanations and then report to the municipal government for decision.
Article 35 The municipal legislative affairs organ shall, after the examination and modification of the rules and the draft regulation, submit the rule or regulation draft for consideration, the explanation, the solicitation and adoption of opinions, the coordination and other materials for consideration according to the provisions.
The drafting explanation includes the following:
(1) the basic process of the drafting;
(2) the necessity and feasibility for the formulation of the rules or regulations;
(3) the main contents of the bases of the draft resolution;
(4) other matters that need explaining.
Article 36 The principal person in charge of the municipal legislative affairs organ shall, after the drafting, the examination and modification of the rules and regulations, sign his or her name to them and submit to the municipal government for consideration.
Chapter Five Examination, Approval and Promulgation
Article 37 The draft resolution of the rules and regulations shall be determined at the municipal government executive meeting or the plenary meeting.
Article 38 The municipal legislative affairs organ shall draft an explanation for consideration at the municipal government executive meeting or the plenary meeting.
The relevant government departments and the persons in charge of the district governments at the meeting can represent their units to express their opinions, which, however, shall correspond with the written reply.
The related questions shall be answered by the legislative drafting responsible person in charge of drafting the draft resolution of rules or regulations and other related responsible persons.
Article 39 After the rules and the draft regulations are considered at the municipal government executive meeting or the plenary meeting, the mayor or the first vice mayor authorized by the mayor who presides over the meeting shall decide whether or not it is to be adopted.
If the rules and the draft regulations is passed in principle but is still to be modified according to the decision of the meeting, the municipal legislative affairs organ shall be responsible for the modification, and then submit to the mayor for approval.
Article 40 If the draft resolution of the rules and regulations is considered and passed at the municipal government executive meeting or the plenary meeting, a municipal decree shall be signed by the mayor for its promulgation.
After the rules and regulations are signed by the mayor, they shall be promulgated in the Shenzhen Municipal People’s Government Gazette, the Shenzhen Special Zone Daily and the Shenzhen Economic Daily in full.
Article 41 If the draft resolution of the rules and regulations is considered and passed at the municipal government executive meeting or the plenary meeting, the government motion shall be signed by the mayor and then be submitted to the Municipal People’s Congress Standing Committee for consideration.
Article 42 The time for the implementation of the laws and regulations shall be specified in the rules and regulations, and the time interval between the implementation and the promulgation shall not be less than thirty days.
After the government motion for the draft resolution of the rules and regulations is signed by the mayor and submitted to the Municipal People’s Congress Standing Committee for consideration, if any municipal government departments, any district people’s governments, any other organizations with public management functions and their staff have different opinions on the motion, they shall not, in the names of their units, propose any opinions contrary to the contents of the draft resolution, where the municipal government has made a coordination and decision.
Chapter Six Filing and Legal Performance Evaluation
Chapter 43 After the promulgation of the rules and regulations, they shall be submitted by the municipal government to the State Council for record within thirty days from the date of promulgation and at the same time to Guangdong Provincial People’s Congress Standing Committee, Shenzhen Municipal People’s Congress Standing Committee and Guangdong Provincial People’s government for record.
Article 44 The municipal legislative affairs organ and the rule and regulation executing organs shall be the legal performance evaluating organs. The municipal legislative affairs organ shall, together with the rule and regulation executing organ, develop the annual legal performance evaluation plan, which shall be submitted to the municipal government for approval, in accordance with the needs of economic and social development and the legislative work, the opinions and comments of government departments and the public, and the relevant provisions.
The rule and regulation executing organ shall, jointly with municipal legislative affairs organ, develop the annual implementation plan according to the legal performance evaluation plan. The legal performance evaluating organ shall carry the legal evaluation according to the annual implementation plan.
The legal performance evaluating organ may entrust the higher learning institutions, the scientific research institutions or other social groups with the legal performance evaluation. The entrusted organ shall meet the following conditions:
(1) having a certain number of technical personnel that have an intimate knowledge of the administrative legislation, administrative affairs and a command of the evaluation methods;
(2) guaranteeing the time of the relevant personnel involved on the evaluation;
(3) having the equipment and facilities necessary for the evaluation.
The entrusted organ shall accept the guidance and supervision of the entrusting organ, carry out the evaluation in the name of the entrusting organ, and not entrust any other organization or individual with the work.
Article 45 The legal performance evaluating organ shall carry out the evaluation of implementation performance, legislative contents and legislative techniques of the government rules and regulations according to the legislative aim and purpose of the rules and regulations and the objective requirements of the national economic and social development.
Article 46 The legal performance evaluating organ shall comprehensively use the measures of laws, economics, management, statistics and social analysis to understand and be well informed of the implementation of the rules and regulations by listening to the reports of the executing organ, holding forums or expert argumentation meetings, carrying field and special investigations or questionnaire surveys, consulting experts, and soliciting public opinions through media.
If the legal performance evaluating organ deems it necessary, it can hold a hearing to understand and be well informed of the implementation of the rules and regulations.
Article 47 The legal performance evaluation work shall be completed within six months. After the completion, the evaluation report shall be made out.
The evaluation report shall include the following contents:
(1) how the evaluation work has been done;
(2) the analysis of the evaluation contents such as the performance of the implementation and the system design;
(3) what has been done for the solicitation and adaptation of the adoptions;
(4) the evaluation of the implementation of the rules and regulations and the improvement suggestions;
(5) other conclusions and recommendations of the evaluation.
Article 48 If the legal performance evaluation report believes that the rules and regulations will have to be amended or abolished, the former responsible drafting unit shall modify them or apply for the abolishment of them in accordance with legal procedures.
If the evaluation report makes proposals on the improvement of the implementation of the government rules and regulations, the administrative organ for law enforcement shall take measures for the implementation.
Chapter Seven Supplementary Provisions
Article 49 The compilation of the rules and regulations and its edition in foreign language shall be made and validated by the municipal legislative affairs organ
Article 50 The procedures for the modification of the regulations and for the amendment of the present rules and regulations shall be treated by reference to the relevant provisions of these provisions.
Article 51 These provisions shall be implemented as of June 1, 2010. The Provisions on Formulation of Regulations of the People’s Government of Shenzhen Municipality and Development of Laws and Regulations of Shenzhen Special Economic Zone promulgated on August 16, 1997 (Decree No. 64 of Shenzhen Municipal People’s Government) shall be abolished at the same time.
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