(Deliberated and adopted at the 159th Executive Meeting of the 6th Shenzhen Municipal People's Government on February 14th, 2019)
ChapterOne General Provisions
Article 1 In order to regulate the legislative work of Shenzhen Municipal People's Government (hereinafter referred to as the municipal government) and to ensure the quality of legislation, these Rules are hereby formulated in accordance with the provisions of theLegislation Law of the People's Republic of China (hereinafter referred to as the Legislation Law), the Regulations of Shenzhen Municipality on the Formulation of Regulations and other laws and regulations and in light of actual circumstances.
Article 2 These Rules shall be applicable to the legislative work of the municipal government.
The legislative work of the municipal government shall include:
(1) drafting the regulations of Shenzhen Special Economic Zone and drafting regulations of Shenzhen Municipality to form the proposal of the municipal government for requesting Shenzhen Municipal People's Congress (hereinafter referred to as the municipal people's congress) and its Standing Committee (hereinafter referred to as the standing committee of the municipal people's congress) for deliberation;
(2) formulating the rules of the municipal government.
Article 3 The following basic principles shall govern the legislative work of the municipal government:
(1) legislating in accordance with legal authority and procedures;
(2) legislating in accordance with legal authority and procedures;
(3) promoting economic and social development through legislation;
(4) adhering to scientific and democratic legislation;
(5) drawing on the domestic and foreign legislative experience.
Article 4 The regulations of Shenzhen Special Economic Zone herein refer to the regulations formulated by the municipal people's congress and its standing committee in accordance with the authorization decisions from the Standing Committee of the National People's Congress and the provisions of theLegislation Law.
The regulations of Shenzhen Municipality herein refer to the regulations formulated by the municipal people's congress and its standing committee in accordance with the provisions of theLegislation Law and submitted to the Standing Committee of Guangdong Provincial People's Congress for approval.
The rules of the municipal government herein refer to the rules formulated by the municipal government in accordance with the authorization decisions from the Standing Committee of the National People's Congress and the provisions of theLegislation Law or in accordance with laws and regulations.
Article 5 The legislature of the municipal government is the competent department for the formulation of regulations and the preparation of draft regulations of the municipality, responsible for the following legislative work of the municipal government:
(1) preparing the draft annual legislative work plan of the municipal government (hereinafter referred to as the legislative work plan), and organizing its implementation after the approval of the municipal government;
(2) organizing the drafting of draft regulations and rules according to the arrangements of the legislative work plan;
(3) organizing the review, coordination and revision of draft regulations and rules;
(4) organizing the clearance, filing, publishing and post-legislative evaluation of rules;
(5) other legislative work of the municipal government stipulated by law, regulations and these Rules.
Chapter Two Preparation and Implementation of the Legislative Work Plan
Section 1 General Provisions
Article 6 The municipal government shall prepare the legislative work plan based on the municipality's economic and social development and legislative needs, or prepare a medium- and long-term legislative program.
Article 7 The preparation of the legislative work plan, as well as legislative program, shall be combined with the key work of the municipal government, and legislative projects shall be scientifically and reasonably determined in line with the principle of reform and innovation with key and urgent tasks prioritized.
Article 8 Projects under the legislative work plan shall include new legislative projects and pending modified legislative projects.
Article 9 Projects under the legislative work plan shall be divided into projectsto be submitted for deliberation for the year (Class I Projects), preparatory projects (Class II Projects) and research projects (Class III Projects) under the legislative work plan of the year.
Section 2 Proposals for Projects under the Legislative Work Plan
Article 10 The legislature of the municipal government shall, before the end of August each year, collect in writing the recommendations for projects under the legislative work plan of the following year from all district governments, departments of the municipal government and other relevant entities.
The legislature of the municipal government shall collect proposals for projects under the legislative work plan of the following year from the public through the website of the municipal government or the portal website of the legislature of the municipal government.
The legislature of the municipal government may also collect proposals for projects under the legislative work plan through government affairs media such as Weibo and WeChat, its legislative contact stations, symposiums/expert panel discussions, or surveys.
Article 11 A department of a district or the municipal government or any other relevant entity shall, if any, submit a proposal for projects under the legislative work plan of the following year to the legislature of the municipal government before the end of September each year.
Article 12 The proposal shall contain the following contents:
(1)the necessity of legislation and major problems to be solved;
(2) main systems to be established and theirfeasibility of implementation;
(3) legal, regulatory and policybases for legislation and relevant background information;
(4) classes of projects to be included in the legislative work plan;
(5) progress and schedule.
Article 13 For legislative matters proposed to be included in Class I Projects under the legislative work plan, the proposal submitter shall conduct a pre-legislative assessment, form a pre-legislative assessment report, and submit it together with the proposal to the legislature of the municipal government.
The pre-legislative assessment report shall mainly contain the following contents:
(1) impact of legislation on the economy, society, environment, etc.;
(2) cost-benefit analysis of the major systems to be established;
(3)the state of implementation of the original legislation in case of a modification project.
Article 14 If any other entity or individual submits a proposal for the legislative work plan, the necessary legislative information shall be provided in reference to Article 12.
Section 3 Determination of the Legislative Work Plan
Article 15 The legislature of the municipal government shall study andvalidate the proposals for legislative projects and legislative projects submitted by all entities and the public to prepare the first draft of the legislative work plan.
Article 16 Legislative projects in an urgent need of implementation due to a major reform and development affair or whose drafting is completed and proposed to be submitted to the municipal government for deliberation in the year of implementation of the legislative work plan, shall be recognized as Class I Projects.
Legislative projects well-prepared in drafting and with timing and conditions mature enough to be submitted to the municipal government for deliberation in the year of implementation of the legislative work plan or proposed to be submitted to the municipal government for deliberation in the following year shall be recognized as Class II Projects.
Legislative projects for which continuing research and demonstration are needed shall be recognized as Class III projects.
Article 17 Under any of the following circumstances, no legislative proposal shall be included in the legislative work plan:
(1) it is beyond the legislative authority of the municipality;
(2) main problems to be solved can be solved by existing laws, regulations and policies;
(3) proposed main measures or systems are obviouslyunfeasible.
Article 18 The legislature of the municipal government shall solicit opinions in writing on the first draft of the legislative work plan from the municipalPeople's Congress, the municipal CPPCC, the district governments, and the departments of the municipal government, and solicit opinions from the public through the website of the municipal government, the portal website of the legislature of the municipal government, and government affairs media such as Weibo and WeChat.
Article 19 In the case of a major difference of opinions on the first draft of the legislative work plan among the relevant entities, the legislature of the municipal government shall organize such relevant entities for coordination.
If coordination fails, the legislature of the municipal government shall request the municipal government for coordination.
Article 20 The legislature of the municipal government shall, based on the opinions of all parties and the coordination result, modify and improve the first draft of the legislative work plan to form the draft legislative work plan.
The draft legislative work plan shall include the following main elements:
(1) classes of projects under the legislative work plan;
(2) names of legislative projects;
(3) responsible drafter.
Instructions for preparation and adoption of opinions shall be attached to the draft legislative work plan.
Article 21 The legislature of the municipal government shall, before the end of November each year, submit the draft legislative work plan of the following year to the municipal government.
The legislature shall, before the deliberation by the municipal government, conduct legislative consultation in accordance with the relevant provisions.
Article 22 The draft legislative work plan shall be deliberated at the executive meeting or the plenary meeting of the municipal government.
Once deliberated and adopted, the draft legislative work plan shall be released in the name of the municipal government. The general office of the municipal government shall, within five working days from the date of release, publish the legislative work plan on the website of the municipal government; the legislature of the municipal government shall, within five working days from the date of release, publish the legislative work plan on its portal website and provide feedback to all opinions submitted by the public.
Section 4 Adjustment and Implementation of Projects under the Legislative Work
Article 23 After the release of the legislative work plan, the responsible drafter and all relevant entities shall execute it strictly and ensure its smooth completion.
Article 24 If the responsible drafter or any relevant entity is unable to complete the task on time in the implementation of the legislative work plan, it shall timely consult with the legislature of the municipal government, present an adjustment proposal on the legislative work plan, and submit it the municipal government.
Article 25 The legislature of the municipal government shall promote the implementation of the legislative work plan, and supervise the responsible drafter and all relevant entities to conscientiously implement it.
The responsible drafter of Class I Projects under the legislative work plan shall , before the end of December each year, report the completion of the current year's legislative projects in writing to the legislature of the municipal government.
Chapter Three Drafting of Regulations and Rules
Article 26 A specific drafting work plan for regulations and rules included in the legislative work plan shall be formulated by the responsible drafter.
The drafting work plan shall specify drafting priorities, schedule, staffing, etc.
Article 27 The responsible drafter shall, based on the arrangements of the legislative work plan, effectively draft the relevant regulations and rules in accordance with these Rules and other relevant requirements.
For Class I Projects, the responsible drafter of regulations shall, before the end of June of the year, submit the draft regulations for review to the legislature of the municipal government; the responsible drafter of regulations shall, before the end of September of the year, submit the draft rules for review to the legislature of the municipal government.
Article 28 The responsible drafter shall be responsible for organizing the drafting, and mayconsign the task to an institution of higher education, research institution, social organization, etc. with legislative research capabilities and practical experience to draft regulations and rules that are highly professional or technical or whose drafting requires a huge workload.
Article 29 The responsible drafter shall, by legislative research, questionnaire survey and other means, comprehensively collect legislativebases and relevant information to understand the actual situation; strengthen the contact and communication with the entity or individual presenting a proposal and listen to the relevant information to understand the priorities, difficulties and main problems concerning the drafting of regulations and rules.
In the case of a major impact on the vital interest or rights and obligations of enterprises, the opinions of representative enterprises, industry associations and chambers of commerce shall be fully listened to.
Article 30 In drafting regulations and rules, the responsible drafter shall follow the technical specifications to make the text logical, clear, well-structured, concise, accurate and specific.
Article 31 The drafting of regulations and rules shall not violate the prohibitive provisions of laws and administrative regulations, and shall comply with the following provisions:
(1) the content of what is already clearly stipulated in the relevant national legislation shall not be repeated in principle;
(2)the institutional design shall be coordinated with the municipal existing regulations and rules in principle, and if there is a need to make any significantly different provision, full demonstration and assessment are required;
(3) except for legislation specifically targeting the setting of institutions, no provision on the setting of administrative institutions, staffing, etc. shall be made; if necessary, the opinions of the municipal institution setting department shall be solicited on the necessity and feasibility of the setting of institutions or staffing;
(4) with respect to financial resources, only principles without specific amount or proportion requirements shall be made, and the opinions of the municipal finance department shall be solicited.
Article 32 The responsible drafter shall, in the drafting process, fully listen to the opinions of relevant departments, administrative counterparts, other stakeholders and the public on major institutional design andkey legislative content.
The responsible drafter shall solicit opinions of departments of district governments and the municipal government on draft regulations and rules.
For highly professional content, the responsible drafter mayconsult experts in the professions concerned for validation.
Article 33 In case of a major difference of opinion on the content stipulated in regulations or rules among departments of district governments, the municipal government and other relevant entities, the responsible drafter shall take the initiative to coordinate with them. If coordination fails, the responsible drafter shall explain in writing the difference of opinion as well asthe grounds and reasoning of all parties.
Article 34 The legislature of the municipal government may, at the request of the responsible drafter, provide guidance and assistance to the drafting of regulations and rules.
Article 35 Under any of the following circumstances, the legislature of the municipal government shallorganize drafting work with relevant entities:
(1) important administrative regulations and rules;
(2) regulations and rules to be drafted by the legislature of the municipal government as determined in the legislative work plan;
(3) regulations and rulesfor which department in charge is unclear or which involve several departments in charge;
(4) regulations and rules assigned by the municipal government or otherwise to be drafted by the legislature of the municipal government.
Article 36 If the legislature of the municipal government organizes the drafting of regulations and rules, the relevant entities shall offer assistance and cooperation, including providing legislative information, assigning personnel familiar withthe relevant tasks to participation in drafting, and assisting in the legislative assessment, research and other work.
Article 37 If the legislature of the municipal government organizes the drafting of regulations and rules, it shall abide by these Rules, except forthe provisions of these Rules on draft laws and regulations for review, submission for review, and review.
Chapter Four Review by the Legislature of the Municipal Government
Section 1 Preliminary Review
Article 38 After passing the review by the legislative affairs office of the responsible drafter, the draft regulations and rules shall be submitted to the leading group for collective discussion; after passing the discussion, the draft regulations and rules for review shall be formed and then signed and submitted by the main person in charge of the responsible drafter to the legislature of the municipal government for review.
If there are two or more responsible drafters, after the countersignature of the main persons in charge of all responsible drafters, the regulations and rules shall be submitted by the principal responsible drafter to the legislature of the municipal government for review.
Article 39 For draft regulations and rules submitted to the legislature of the municipal government for review, the responsible drafter shall submit the following materials and their electronic versions:
(1) an official letter requesting the legislature of the municipal government for review;
(2) draft regulations and rules for review;
(3) a description of the draft regulations and rules submitted for review;
(4) a description of solicited opinions and their adoption;
(5) laws and regulations and other reference materials (including relevant national policies, domestic and foreign existing legislation, and theoretical research literature) on which the drafting of regulations and rules are based.
The pre-legislative assessment report, legislative research report, legislative hearing report, expert consultation and argumentation opinions, and description of major differences of opinion, if any, shall also be submitted.
Article 40 A description of draft regulations and rules submitted for review shall include the following main contents:
(1) necessity of legislation and major problems to be solved;
(2) drafting process;
(3) main content of regulations and rules;
(4) design feasibility of important systems;
(5) solicited opinions and adoption thereof.
Article 41 The legislature of the municipal government shall, within five working days after the receipt of regulations and rules submitted for review and related materials (hereinafter collectively referred to as the materials submitted for review), conduct a preliminary review and shall notify the responsible drafter to make supplement or correction when it finds any material submitted for review is not complete.
Article 42 The legislature of the municipal government shall review the content of draft regulations and rules submitted for review, and in case of any of the following issues, it shall return the materials submitted for review to the responsible drafter for revision and improvement within a time limit before resubmission for review:
(1) there is any matter subject to provisions on local legislation prohibited by laws or administrative regulations;
(2) there is anyunfeasible and inoperable important system or measure;
(3) there is any provisionthat constitutes hindrance to fair competition and gender equality;
(4) the text does not meet the technical specifications for legislation.
Section 2 Solicitation of Opinions
Article 43 If the draft regulations and rules submitted for review are not under any of the circumstances provided in Article 42 upon content review, the legislature of the municipal government shall, in conjunction with the responsible drafter, make preliminary revisions and improvements to form an exposure draft and extensively solicit opinions from all sectors of the society.
Article 44 The legislature of the municipal government may solicit opinions by any of the following means:
(1) soliciting opinions in writing from departments of district governments and the municipal government, bar associations and relevant entities (hereinafter referred to as written solicitation);
(2) soliciting opinions from the public by publishing the full text of the exposure draft in themajor municipal media or on the entity's portal website (hereinafter referred to as public solicitation);
(3) inviting relevant experts and scholars to provide scientific and feasible opinions and suggestions based on consultation and demonstration on professional and technical issues;
(4) holding a hearing on core legislative issues to listen to the opinions from all walks of society.
Article 45 For public solicitation, the legislature of the municipal government shall solicit opinions on an exposure draft from the public by publishing a notice on its portal website or sznews.com.
The legislature of the municipal government may publish the news for public solicitation through government affairs media such as Weibo and WeChat.
Article 46 Regulations and rules shall be subject to public solicitation unless under any of the following circumstances:
(1) the legislation implements modifications according to the requirements of the superordinate law without creating any new content;
(2) the legislation needs to be expeditious for the sake of public interest due to an emergency;
(3) the legislationdoes not contain content that reduces or damages civil rights, nor does it contain content that increases civil obligations;
(4) other circumstances inappropriate for public solicitation.
Article 47Notice of public solicitation shall include the following main contents:
(1)grounds, purpose and necessity of the drafting of regulations and rules;
(2) start and end time of solicitation;
(3) full text of the exposure draft or the public's access to the full text of the exposure draft;
(4) ways and means for the public to submit opinions.
The period for public solicitation generally shall not beshorter than 30 days. If the period for public solicitation needs to be shortened due to special circumstances, the legislature of the municipal government shall state it in the notice, and the shortened periods for public solicitation of draft rules and regulations shall not be shorter than five days and fifteen days, respectively.
Article 48 For solicitation in writing, the legislature of the municipal government shall send a letter of solicitation in writing to the solicited subjects. A letter of solicitation in writing shall specify the deadline, manner and means of feedback, with the exposure draft and its instructions attached.
The period for solicitation in writing shall not beshorter than five working days.
Article 49 For main problems to be solved, measures to be adopted and systems to be established by regulations and rules, the legislature of the municipal government may organize a symposium, invite the responsible drafter and other relevant entities and individuals to participate in it to listen to their opinions.
Article 50 The legislature of the municipal government may organize a demonstration meeting and invite relevant experts for consultation and demonstration on main systems, major measures, professional and technical issues and other matters related to regulations and rules.
Article 51 For regulations and rules related to education and medical care, environmental protection, food safety, social security, labor and employment, public utilities, traffic management and other major livelihood issues, the legislature of the municipal government may organize a questionnaire survey.
Article 52 The legislature of the municipal government shall summarize, sort out and study the opinions of all parties in a timely manner.
For reasonable opinions, the legislature of the municipal government shall actively adopt them, and accordingly modify and improve the exposure drafts of regulations and rules;it shall provide explication for circumstances where opinions are put forward frequently but are not eventually adopted.
Article 53 In the event of a major difference of opinion on the content in an exposure draft of regulations and rules among departments of district governments and the municipal government and other relevant entities, the legislature of the municipal government shall organize relevant entities for coordination.
If no consensus is reached after coordination, the legislature of the municipal government shall make an opinion and request the municipal government for coordination in accordance with the provisions of these Rules.
Article 54 The legislature of the municipal government shall provide feedback on the adoption of public opinions through its portal website after the mayor signs the proposal of regulations or issues the government order of regulations.
Section 3 Hearing
Article 55 Under any of the following circumstances, the legislature of the municipal government may organize a hearing:
(1) having amomentous impact on the economic and social development of the municipality;
(2) involving the vital interest of or having amomentous impact on the rights and obligations of the public;
(3) having a major difference of opinion on the content of the provisions among relevant entities;
(4) establishing new administrative licensing items;
(5) having amomentous impact on citizens, legal persons and other organizations by administrative penalty items or administrative coercion measures.
Article 56 The hearing shall be heldin public, except where national secrets, trade secrets or private affairs are involved.
Citizens, legal persons and other organizations may apply for participating in a hearing held openly.
Article 57 A hearing generally shall consist of a hearing presider, hearing officers, a clerk andpresenters (hereinafter collectively referred to as the hearing participants).
The hearing presider shall be an officer designated by the legislature of the municipal government, responsible for presiding over hearing-related activities.
Hearing officers shall be two to five officers designated by the legislature of the municipal government, responsible for assisting the hearing presider in organizing the hearing activities.
The clerk shall be an officer designated by the legislature of the municipal government, responsible for making the records of hearing, receiving and dispatching documents for hearing, liaising for hearing, and other routine affairs relating to hearing.
Presentersshall be determined by the legislature of the municipal government based on interested relationship and other factors, responsible for providing relevant facts and evidences relating to the matter of hearing and representing relevant legal bases and grounds.
Article 58 The legislature of the municipal government shall, 30 days before a hearing is held in public, publish an announcement of the hearing through its portal website.
The announcement shall mainly include the following matters:
(1) time and venue of the hearing;
(2) subject matter and content of the hearing;
(3) number ofpresenters and observers, application requirements, application period, application method, and screening principles;
(4) other related matters.
Article 59 The legislature of the municipal government shall, five days before the hearing, publish through its portal website a list of participants and notify the relevant persons to attend the hearing.
Article 60 A hearing shall be held in accordance with the following procedure:
(1) The clerk ascertains the identity of the participants of the hearing and then declares the discipline of hearing and relevant matters relating to the hearing room;
(2) The hearing presider declares the beginning of the hearing, introduces the hearing officers, clerk andpresenters, declares the matters and content of the hearing, and notifies the rights and duties of the participants of hearing;
(3)presenters state the opinions, grounds and bases around the matters and content of the hearing according to the representation order and time declared by the hearing presider;
(4) If the matter to be heard requires cross-examination and debate by bothpresenters, the cross-examination and debate shall be presided over by the hearing presider;
(5) The hearing presider announces the conclusion of the hearing.
Article 61 The clerk shall take down a record of the whole procedure of a hearing.
The record affirmed, or complemented or corrected by the participants of the hearing shall be signed or sealed by the participants of the hearing; where the participants of the hearing refuse to sign or seal the record without any justifiable reason, the clerk shall write down a record.
Article 62 The legislature of the municipal government shall form a hearing report within seven working days after the conclusion of a hearing.
A hearing report shall include the following main contents:
(1) time and venue of the hearing;
(2) subject matter and content of the hearing;
(3) participants of the hearing;
(4) major opinions, grounds,bases and other information provided by presenters.
Article 63 Where a hearing is required by laws and regulations and under any of the following circumstances, upon approval by the responsible person of the legislature of the municipal government, the legislature of the municipal government may organize a simple hearing:
(1) a professional technical issue is involved;
(2) the matter is urgently to be regulated.
Where a simple hearing is held, the hearing announcement, time and other procedures may be appropriately simplified.
Article 64 The legislature of the municipal government shall refer to the hearing transcript and hearing report when reviewing and amending the exposure drafts of rules and regulations.
The legislature of the municipal government shall, within one month after the conclusion of a hearing, publish the hearing report through its portal website, unless it involves national secrets, trade secrets or personal privacy or otherwise provided by laws, regulations and rules.
Section 4 Review Decision
Article 65 For draft regulations or draft rules submitted to the leading group of the legislature of the municipal government for collective deliberation, if the following requirements are met, the main responsible person of the legislature of the municipal government shall sign on it and request the municipal government for deliberation:
(1) there is a necessity for legislation;
(2) the content of provisions is lawful and reasonable;
(3) important systems and measures are feasible and operable;
(4) the text does not meet the technical specifications of legislation.
Article 66 After the responsible drafter submits the draft regulations and rules for review, under any of the following circumstances, the legislature of the municipal government shall cease the review and adjust the legislative work plan as required:
(1) there is no necessity of legislation due to the introduction of a superseding law, etc.;
(2) the municipal government decides to cease the legislative work on the regulations or rules;
(3) the responsible drafter proposes to cease the regulations or rules and such regulations or rules are not under the current legislative work plan.
Where the review is ceased, the legislature of the municipal government shall inform the responsible drafter.
Chapter Five Deliberation by the Municipal Government
Article 67 For draft regulations submitted for review or draft rules requesting the municipal government for deliberation, the legislature of the municipal government shall submit the following materials to the general office of the municipal government:
(1) request from the legislature of the municipal government to the municipal government for deliberation;
(2) text of draft regulations submitted for review or draft rules;
(3) a description of draft regulations submitted for review or draft rules;
(4) solicited opinions and their adoption;
(5) other relevant materials.
A description of draft regulations submitted for review or draft rules shall include the following main contents:
(1) necessity of formulating the regulations or rules;
(2) drafting process;
(3) main content of provisions;
(4) feasibility of important systems and measures;
(5) solicited opinions and their adoption;
(6) other issues that need to be described.
Article 68 Where there is a major difference of opinion among departments of district governments, the municipal government and other relevant entities on the content of draft regulations submitted for review or draft rules, the legislature of the municipal government may request the municipal government for legislative coordination. Where the municipal government considers it is necessary for coordination, it may conduct legislative coordination.
Article 69 The legislature of the municipal government shall, according to the municipal government's opinions at the coordination meeting, handle the draft regulations submitted for review or draft rules as below:
(1) make a description and submit to the municipal government if no modification is deemed necessary;
(2) modify and improve and then request the municipal government for deliberation.
Article 70 The draft regulations submitted for review or draft rules shall be deliberated at the standing meeting or plenary meeting of the municipal government. In the event of deliberation at the standing meeting or plenary meeting of the municipal government, the legislature of the municipal government or the responsible drafter shall be responsible for making explanations and answering questions raised during the deliberation.
If professional issues are involved, the legislature of the municipal government, the responsible drafter and relevant entities may invite professionals to attend the meeting foran explanation.
Article 71 The opinions of attendees at the meeting shall represent the opinions of the municipal government and neither duplicate opinion nor inconsistent opinion with the municipal government's previous final written opinions shall be allowed in principle.
If the draft regulations submitted for review or draft rules have been coordinated and agreed upon, the relevant entities shall not, in principle, express opinions that are inconsistent with the original coordinated opinions. If it is necessary, the reasons shall be fully explained before the meeting.
Article 72 The mayor or the executive vice mayor authorized bythe mayor to convene the meeting may, based on the deliberations, decide on the draft regulations submitted for review or draft rules as below:
(1) decide to approve if no objection is raised at the meeting;
(2) decide to approve in principle if few objections are raised at the meeting, which, however, involve no substantive issues;
(3) decide not to approve or suspend the decision if it is deliberated that there is a major difference of opinion among the participants, the feasibility and operation of important measures or systems need to be further verified, or the legislative form needs to be changed.
Article 73 Where the draft regulations submitted for review or draft rules are decided by the municipal government to be approved after deliberation, the legislature of the municipal government shall request the mayor to sign a proposal of regulations or an order of the municipal government.
Where the draft regulations submitted for review or draft rules are decided by the municipal government to be approved in principle after deliberation, the legislature of the municipal government shall, after modifications and improvements in conjunction with relevant departments according to the deliberation opinions, request the mayor to sign a proposal of regulations or an order of the municipal government.
Where the draft regulations submitted for review or draft rules are decided by the municipal government not to be approved or not to make a decision after deliberation, the legislature of the municipal government shall handle according to the deliberation opinions.
Chapter Six Issuance and Filing of Rules
Article 74 Where the draft rules are decided by the municipal government to be approved after deliberation, the legislature of the municipal government shall, within five working days after the approval, request the mayor to sign an order of the municipal government for issuing the rules.
Where the draft rules are decided by the municipal government to be approved in principle after deliberation, the legislature of the municipal government shall, after modifications according to the deliberation requirements, request the mayor to sign an order of the municipal government for issuing the rules.
When requesting for signature, the legislature of the municipal government shall submit the following materials to the municipal government:
(1) request of the legislature of the municipal government for issuance of the rules;
(2) a clean copy of the government order;
(3) where the draft rules are decided by the municipal government to be approved in principle after deliberation, the modified comparative text of the draft rules and its description shall be submitted together;
(4) other materials required to be submitted by the municipal government.
Article 75 The specific implementation time of the rules shall be set out in the rules.
Article 76 After the mayor signs on the government order that issues the rules, the legislature of the municipal government shall prepare the municipal government order number and submit it to the printing entity for printing the official text of the government order as required.
Article 77 The legislature of the municipal government shall submit the official text of the printed government order to the general office of the municipal government for issuing the official text of the rules onShenzhen Municipal People's Government Bulletin and to Shenzhen Special Zone Daily and Shenzhen Economic Daily for publishing the full text of the rules.
The legislature of the municipal government may publish the text of the rules on the website of the municipal government the day after the mayor signs the government order for issuing the rules.
Article 78 The legislature of the municipal government shall, within 30 days from the date the mayor signs the government order for issuing the rules, submit the official text of the release in the name of the municipal government to the State Council, the Standing Committee of Guangdong Provincial People's Congress, the People's Government of Guangdong Province and the standing committee of the municipal people's congress for filing, respectively. When requesting for filing, the following materials shall be submitted:
(1) report of request for filing;
(2) text of the government order for issuing the rules;
(3) a description of the rules.
Article 79 The rules compilation and print work shall be organized by the legislature of the municipal government; the foreign language version ofthe compilation of the rules shall be organized for translation and be examined by the legislature of the municipal government.
Chapter Seven Submission of Proposal of Regulations
Article 80 Where the draft regulations submitted for review are decided by the municipal government to be approved after deliberation, the legislature of the municipal government shall, within five working days after the approval, form a proposal of the regulations and request the mayor to sign on it.
Where the draft regulations submitted for review are decided by the municipal government to be approved in principle after deliberation, the legislature of the municipal government shall, in accordance with the requirements of the minutes of meeting, form a proposal of the regulations after modifications and request the mayor to sign on it.
When requesting the mayor to sign the proposal, the legislature of the municipal government shall submit the following materials to the general office of the municipal government:
(1) request of the legislature of the municipal government for signature of the proposal of the rules;
(2) draft on behalf of the proposal of the regulations requesting deliberation by the municipal people's congress or the standing committee of the municipal people's congress;
(3) text and description of the proposal of the regulations;
(4) where the draft regulations submitted for review are decided by the municipal government to be approved in principle after deliberation, the modified comparative text of the draft regulations submitted for review and its description shall be submitted together;
(5) other materials required to be submitted by the general office of the municipal government.
Article 81 After the proposal of the regulations is signed by the major in the form of the proposal of the municipal government, the general office of the municipal government shall prepare the document number of Shenzhen Municipal People's Government, and the legislature of the municipal government shall print as required and send to the general office of the standing committee of the municipal people's congress for sign-off.
The proposal of the municipal government shall include the following materials:
(1) proposal of the municipal government of the draft regulations requesting deliberation;
(2) text of the draft regulations and its description;
(3) annotated text of the draft regulations and other necessary reference materials;
(4) other documents required to be submitted by the general office of the standing committee of the municipal people's congress.
Article 82 Where the proposal of the regulations is deliberated at the meeting of the municipal people's congress or the standing committee of the municipal people's congress for the first time, the responsible person of the legislature of the municipal government or the person authorized by him/her shall make an explanation at the meeting according to the authorization of the municipal leaders.
Where the proposal of the regulations is deliberated at the meeting of the municipal people's congress or the standing committee of the municipal people's congress, the responsible persons of the legislature of the municipal government and the drafter or relevant entities shall attend the meeting to listen to comments and answer inquiries.
Where the draft regulations, as a proposal of the municipal government, is signed down by the mayor and is submitted to the municipal people's congress or the standing committee of the municipal people's congress for deliberation, and a decision has been made through the municipal government's coordination, no department of any district government or the municipal government shall propose an opinion violating the content of the draft regulations in the name of the entity.
Chapter Eight Modifications of Regulations and Rules
Article 83 For the procedures for the municipal government's modification of the regulations or request to the municipal people's congress or the standing committee of the municipal people's congress for modification,in cases where this Chapter sets out provisions, the provisions of this Chapter shall apply; in cases where this chapter does not set out provisions, the provisions of Chapters Two to Seven shall apply.
Article 84 The modifications of regulations and rules shall include revisions and amendments.
Where the name of the regulations or rules is not changed, but the content is comprehensively and significantly modified, and many provisions are involved, the modification shall be made by way of revision; where the name of the regulations or rules is not changed, but part of the content is modified, the modification shall be made by way of amendment; where the name of the original regulations or rules is changed when modified, it shall be deemed to be reformulated, and the procedure stipulated in Article 95 shall apply to repealing the old rules and issuing a new one.
Article 85 Where the rules are modified by way of revision, the revised text of the rules shall be published in full after the modified content is deliberated and adopted by the municipal government.
Article 86 Where the rules are modified by way of amendment, the decision of modification and the amended text of the rules shall be published in full after the amended content is deliberated and adopted by the municipal government.
Article 87 Where the rules are modified by way of revision, the decision of modification shall specify the implementation date of the revised rules.
Where the rules are modified by way of amendment, the decision of modification shall specify the implementation date of the amended provisions in the rules; if the implementation date of the amended provisions is not specified in the rules, the original implementation date shall apply.
Article 88 A regulation proposal or rule draft shall request for modifications of a regulation or rule in principle. In special circumstances such as centralized clearance of regulations and rules, a regulation proposal or rule draft may request for modifications of several regulations or rules, respectively.
Chapter Nine Repeal of Regulations and Rules
Article 89 Where regulations and rules fall under any of the following circumstances, the implementing department and the legislature of the municipal government shall promptly propose to the municipal government for repeal:
(1) the main content has been replaced by new laws, regulations or rules;
(2)the regulations and rules concerned have become invalid as a result of the expiry of the applicable periods or disappearance of the regulated subject matters;
(3) other circumstances causing the content of regulations or rules to no longer adapt to the needs of social development.
Article 90 For the procedures for the municipal government's repeal of the regulations or request to the municipal people's congress or the standing committee of the municipal people's congress for repeal,in cases where this Chapter sets out provisions, the provisions of this Chapter shall apply; in cases where this Chapter does not set out provisions, the provisions of Chapters Two to Seven shall apply, and the procedure for soliciting opinions may be appropriately simplified.
Article 91 Where the implementing department proposes to repeal the regulations or rules, it shall make a proposal in writing. The proposal shall include the necessity of repeal as well as the impact, response measures, programs or systems after repeal, and shall not affect the administration.
Article 92 Citizens, legal persons or other organizations may propose to the implementing entity or the legislature of the municipal government to repeal regulations or rules withsufficient reasons.
Article 93 In addition to the repeal of the old regulations or rules and the issuance of a new one, the implementing entity shall assess and demonstrate the necessity of repeal.
Article 94 The repeal of regulations or rules may be done by way of repealing the old and issuing a new one or by making a decision on repeal.
Article 95 Where the repeal of regulations or rules is done by way of repealing the old and issuing a new one, the procedures set forth in Chapters Two to Seven shall apply, and no legislative text shall be prepared specifically for the repeal.
Where the regulations of Shenzhen Municipality are to be amended as the regulations of Shenzhen Special Zone or the regulations of Shenzhen Special Zone are to be amended as the regulations of Shenzhen Municipality,the amendment in both cases shall be deemed as a re-enaction, and a separate draft of repealing the original proposal of the regulations for review shall be prepared.
Article 96 One regulation proposal or rule draft shall request for repeal of one regulation or rule in principle. In special circumstances such as clearance of regulations and rules, a regulation proposal or rule draft may request for repeal of several regulations or rules, respectively.
Article 97 Where the rules or regulatory documents need to be repealed due to the formulation, modification or repeal of regulations, the repeal of rules or regulatory documents shall not be expressly set out in the provisions of the regulations when drafted.
Article 98 In the event of the formulation, modification or repeal of rules, the repeal of regulatory documents of the municipal government may be set out in the provisions of the draft rules.
Chapter Ten Interpretation of Rules
Article 99 The power of interpretation of the rules shall be vested in the municipal government.
Under any of the following circumstances, the municipal government may interpret rules:
(1) the specific meaning of the terms used in some provisions requires further clarification;
(2) the application scope, circumstances, etc. of some provisions require further clarification when a new situation arises after the implementation of the rules.
Article 100 Where a proposal for interpretation of the rules is made, it shall be made in writing, including: the specific provisions to be interpreted, the main problems encountered in the implementation and the grounds for interpretation.
Article 101 Where the municipal government considers it necessary to interpret the rules, the legislature of the municipal government shall, in conjunction with the implementing department, study and prepare a draft interpretation of the rules.
The draft interpretation shall include the following content:
(1) the specific provisions to be interpreted;
(2) definition of terms used in the provisions as well as the application scope, circumstances, etc. of the provisions.
Article 102 Where the draft interpretation of the rules is approved by the municipal government, the municipal government shall make a decision on the interpretation of the rules and issue it.
Article 103 The interpretation of the rules shall have the same effect as the rules.
Chapter Eleven Other Provisions
Section 1 Clearance of Rules
Article 104 The clearance of rules shall mean the clearance of the municipal existing effective rules; the rules obviously not adaptive to the requirements of economic and social development, inconsistent with the provisions of the superordinate law, or apparently not matching with other rules shall, depending on the circumstances, be repealed, suspended, modified or otherwise disposed of.
Article 105 The implementing department shall be responsible for organizing the clearance work. The legislature of the municipal government shall monitor, guide and supervise the clearance and may, as required by the municipal government or according to the actual need, take the lead in organizing the clearance.
Article 106 The clearance of rules shall include immediate clearance, regular clearance or centralized clearance.
Article 107 For immediate clearance, regular clearance or centralized clearance, the legislature of the municipal government shall solicit opinions of the parties concerned.
Article 108 Under any of the following circumstances, the implementing department shall immediately organize the clearance of the rules:
(1) the superordinate law on which the regulations or rules are based has been modified or repealed;
(2) the new superordinate law has been promulgated and implemented, and has a substantial impact on the implementation of the relevant municipal rules.
The implementing department shall, within thirty days after the promulgation of the superordinate law, complete the immediate clearance and form an opinion on immediate clearance.
The implementing department shall, within five working days after the immediate clearance is completed, submit the opinion on immediate clearance to the legislature of the municipal government for review.
Article 109 The opinion on immediate clearance shall include the following content:
(1) factual grounds and legalbases of clearance;
(2) opinion on clearance of the municipal relevant rules that proposes to retain, amend, repeal or suspend the implementation of the rules.
Article 110 In principle, the rules shall be cleared every five years from the date of implementation.
Article 111 The implementing department or the legislature of the municipal government shall complete the regular clearance of rules every five years within three months.
Article 112 The centralized clearance of rules shall be organized by the legislature of the municipal government in accordance with the unified arrangements of the State, Guangdong Province or Shenzhen Municipality.
Article 113 Where the State, Guangdong Province or Shenzhen Municipality requests for comprehensive clearance or special clearance of rules, the legislature of the municipal government shall develop a clearance work plan as required to specify the guiding ideas, principles, scope, division of responsibilities, steps, and schedule of clearance work.
Article 114 The immediate clearance opinion, regular clearance report or centralized clearance report, after soliciting opinions, shall, depending on the circumstances, be handled by the legislature of the municipal government as below:
(1) where the rules need to be repealed, the repeal procedure shall be initiated in accordance with the provisions of these Rules on the repeal of rules;
(2) where the rules need to be modified, the modification procedure shall be initiated in accordance with the provisions of these Rules on the modification of rules, or a legislative project proposal for modification of rules shall be proposed to be included in the next year's legislative work plan;
(3) where the rules need to be suspended of implementation due to an emergency, it is recommended that the municipal government shall make a decision to suspend the implementation of rules;
(4) where the rules do not need to be repealed, amended or suspended of implementation, they shall be retained.
Section 2 Post-Implementation Assessment of Rules
Article 115 Under any of the following circumstances, a post-implementation assessment shall be conducted:
(1) the rules are to be completely revised or elevated to regulations;
(2) there are many opinions and advice from all walks of society and the legislature of the municipal government deems it necessary to conduct an assessment;
(3) the municipal government requires that an assessment shall be conducted.
Article 116 The implementing department shall be responsible for the post-implementation assessment. For rules that are comprehensive, implemented by multiple departments, and required by the municipal government for assessment or deemed necessary by the legislature of the municipal government for assessment, the legislature of the municipal government may organize the post-implementation assessment.
The implementing department and the legislature of the municipal government provided in the preceding paragraph are collectively referred to as the assessment entity.
Article 117 The assessment entity may, as necessary, commission an institution of higher education, scientific research institution, social organization, legal service agency or any other entity with legislative research capabilities and practical experience to perform all or part of post-implementation assessment work of rules.
Article 118 The assessment entity shall assess the legitimacy, reasonableness, operability, coordination, standardization and effectiveness of the rules according to their legislative mission and purpose, and form a post-implementation assessment report after completion of the assessment.
Article 119 The post-implementation assessment report shall serve as the main reference for modifying or repealing the rules, perfecting the supporting system, and improving the implementing measures.
Article 120 Where the modification of rules is included as a Class I Project under the legislative work plan, the post-implementation assessment shall be conducted in accordance with the relevant provisions.
Section 3 Temporary Adjustment and Suspension of Implementation of Regulations and Rules
Article 121 The implementing departments of regulations and rules and the legislature of the municipal government may, in accordance with the needs of the municipal reform and development in administration and other areas, propose to the municipal government for temporarily adjusting some of or suspending the implementation of all or part of the provisions of regulations and rules.
Article 122 The temporary adjustment or suspension of implementation proposed by the implementing departments of regulations and rules and the legislature of the municipal government to the municipal government may apply to all or part of the municipality's all or part of administrative areas and shall not have a period of over three years in principle.
Article 123 The implementing departments of regulations and rules shall assess and demonstrate the necessity, feasibility and possible risk of temporary adjustment or suspension of the implementation of regulations and rules.
Article 124 Where the municipal government temporarily adjusts or suspends the implementation of rules or requests the standing committee of the municipal people's congress for temporary adjustment or suspension of implementation, the provisions of Chapters Two to Seven shall apply, but the procedure for soliciting opinions may be appropriately simplified.
Section 4 Archives of Regulations and Rules
Article 125 The responsible drafter shall attach great importance to and effectively conduct the archival management of draft regulations and rules, and transfer the documents and materials formed in the drafting process of regulations and rules to the legislature of the municipal government for review, together with the regulations and rules submitted to the legislature of the municipal government.
Article 126 The legislature of the municipal government shall be responsible for filing the materials formed in the legislative process of regulations and rules such as drafting, review, deliberation, modification and repeal, establishing thearchives for regulations and rules, and transfer to the archive in accordance with the relevant provisions.
Article 127 The following materials relating to regulations and rules shall be kept as archives:
(1) materials relating to proposals for projects in the legislative work plan;
(2) pre-legislative assessment report;
(3) legislative drafting, research, demonstration, solicitation opinions and other materials;
(4) texts and related materials reviewed and modified by the legislature of the municipal government;
(5) minutes of meetings coordinated and deliberated by the municipal government;
(6) the official text of rules and the text of the proposal of regulations;
(7) materials relating to the proposal of regulations reviewed by the municipal people's congress;
(8) official text of the regulations;
(9) text and related materials of regulations and rules archived and requested for approval;
(10) report on clearance and post-legislative assessment of regulations and rules;
(11) interpretation and related materials of regulations and rules;
(12) materials relating to the modification or repeal of regulations and rules;
(13) other materials.
Article 128 The archives of regulations and rules shall be sorted out and filed on a project-by-projectbasis, with paper documents and electronic files kept together.
Chapter Twelve Supplementary Provisions
Article 129 The legislature of the municipal government may, in accordance with these Rules and the actual needs of legislative work, formulate and issue technical specifications and formatted texts of legislation.
Article130 These Rules shall become effective as of June 1st, 2019. The Provisions of Shenzhen Municipal People's Government on the Procedures for Formulating Administration Rules and Drafting Regulations (Shenzhen Municipal People's Government Order No. 218) promulgated on April 29th, 2010 shall be repealed simultaneously.
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