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Rules of the People' s Government of Shenzhen Municipality on Enacting Rules of Shenzhen Special Economic Zone and Drafting Regulations
of Shenzhen Special Economic
Zone
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(Promulgated
by the People' s Government of Shenzhen Municipality by Order No. 64 on August 16, 1997)
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Chapter I General
Provisions
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Article
1 These rules are formulated with a view to making the work of enacting rules of Shenzhen Economic
Special Zone (hereinafter
referred to as the rules) and drafting regulations of Shenzhen Economic Special Zone (hereinafter referred to as the draft regulations)
scientific and
standardized, improving the efficiency of enacting rules and drafting regulations as well as ensuring
the quality of the rules and draft regulations.
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Article
2 The essential assignments of the People' s Government of Shenzhen
Municipality (hereinafter referred to as the Municipal
Government) in enacting rules and drafting regulations are to safeguard, promote and lead the reform and opening of the
Shenzhen Special Economic Zone (hereinafter referred to as the Special Zone) and the administrative works by laws in accordance
with the Constitution and the basic principles of
laws and administrative regulations, combining with the actual situations
of economy and social development of the Special Zone.
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Article
3 The rules mentioned in these rules refer to the normative
documents which shall be enacted in compliance with the procedures
of these rules and be promulgated by the Order of the Municipal Government.
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The draft regulations mentioned in
these rules refer to the normative documents which shall be drawn up in compliance
with the procedures of these rules and be submitted to the People' s Congress of Shenzhen
Municipality or its Standing
Committee for deliberation in the form of the proposal of the Municipal Government.
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Article
4 The name of the rules includes "rules" , "measures" ,
"decisions" and "specific implementation rules" .
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The "rules" mean the relative
general provisions on one aspect of the administrative works.
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The "measures" mean the
relative specific provisions on one aspect of the administrative works.
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The "decisions" mean the
specific provisions on a certain administrative work;
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The "specific implementation
rules" mean the specific provisions on implementation of the administrative regulation
of the State Council or the Special Zone under the authorization of the administrative
regulation of the State Council
or the Special Zone.
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Article
5 The name of draft regulations includes "regulations" ,
"rules" , "decisions" and "specific implementation rules"
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The "regulations" mean the
relative general provisions on one aspect of the administrative works or the social life.
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The "rules" mean the relative
specific provisions on one aspect of the administrative works or the social life.
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The "decisions" mean the
specific provisions on a certain administrative work or one aspect of the social life;
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The "specific implementation
rules" mean the specific provisions on implementation of the national law under authorization.
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Article 6
The Municipal Government may enact rules governing the following affairs:
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(1) the implementation of the laws, the administrative regulations and the
regulations of the Special Zone in the Special
Zone need the Municipal Government to make special provisions;
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(2)the affairs on which the conditions are not
ripe enough for enacting regulations of the Special Zone when the economic,
social and administrative system reform within the limits of the Municipal Government' s powers and
functions or within
the scope of authorization of the State Council, relevant departments of the State Council and the provincial Government are carrying
through;
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(3) prescription of the organization and the powers of departments of the Municipal
Government as well as other institutions
exercising administrative powers of the Municipal Government;
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(4) establishing, amending or withdrawing the examination and approval system,
charging system, licensing system, administrative
coercive measures and administrative penalty measures for improving the administration management;
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(5) rules for other affairs shall be enacted with the consideration of the
Municipal Government.
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Article
7 On the following affairs, the Municipal Government may draw up draft regulations and submit to the People' s
Congress
of Shenzhen Municipality or its Standing Committee for deliberation:
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(1) the supplementary and specific
provisions need to be made by the municipal People' s Congress or its Standing Committee
for the enforcement of the Constitution, laws, administrative regulations in the Special
Zone;
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(2) deepening the structural
reform, enlarging the reform and opening, establishing the socialist market economy order
or the important reforms of the relevant administrative system need the People' s
Congress of Shenzhen Municipality
or its Standing Committee to affirm and normalize;
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(3)the regulations of the Special
Zone concerning establishing, amending or withdrawing the examination and approval
system, charging system, licensing system, administrative coercive measures and administrative
penalty measures need
to be enacted for improving administration management;
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(4) draft regulations for other
affairs shall be drawn up with the consideration of the Municipal Government.
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Article
8 To enact rules or draft regulations shall be in compliance with
the following principles:
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(1)
to comply with the Constitution, the basic principles of the laws and administrative regulations, to combine with actual situation
of the Special
Zone;
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(2)
to carry out the relevant national guideline and policy of the reform and opening, to exert the window function, the laboratory function
and the
Pioneer function of the Special Zone, to safeguard the establishment and improvement of the socialist market
economic system as well as to promote the development of economy of
the Special Zone;
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(3)
to take for reference and absorb the useful legislative experiences of the relevant countries and regions as well as to comply with
the
international practices;
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(4)
to strengthen the investigation and argumentation, to hear and take into account relevant opinions
and suggestions widely.
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Article
9 The Legislative Affairs Bureau of Shenzhen Municipality (
hereinafter referred to as the Municipal Legislative Affairs
Bureau), as the functional department of the Municipal Government in enacting rules and drafting regulations, shall
take charge of the following works:
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(1)
to work out the planning and annual draft planning of enacting rules and drafting regulations as well as to organize to enforce after
the
approval of the Municipal Government;
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(2)
to examine, coordinate and amend the rules and draft regulations as well as to submit the examining opinions to the Municipal Government;
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(3)
to preside over drawing out the rules and draft regulations involving important reforming measures or the competent authorities of
Government;
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(4)
to interpret, record, promulgate and compile the rules according to relevant provisions;
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(5)
to review the rules which have been promulgated and enforced more than one year, and may put forward the proposal about amendment,
supplement or
abolishment;
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(6)
other works related to enacting rules and drafting regulations.
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Chapter
II Planning and Drafting
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Article 10 Any unit or individual of the Special Zone may put forward the suggestion of
legislation or draft rules or draft regulations
to the Municipal Legislative Affairs Bureau.
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The
departments of the Municipal Government, the district People' s Governments and other institutions exercising the
governmental administrative powers by laws shall put forward
the annual advisory plan of enacting rules and drafting
regulations by the Municipal Government in light of their work.
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Any
draft regulations or suggestion involving in the governmental administrative functions put forward by the departments
of the Municipal Government or the district People' s
Governments shall be listed in the annual plan of drafting regulations
by the Municipal Government in accordance with the procedures of these rules.
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Article 11 The annual advisory plan of enacting rules and drafting regulations shall be submitted to the Municipal Legislative
Affairs Bureau in written at the end of every September.
The annual advisory plan shall include the following contents:
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(1)
the name of rules or draft regulations as well as the main issues need to be normalized;
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(2)
the necessity and the feasibility of enacting rules and drafting regulations;
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(3)
the law and policy as the basic of enacting rules and drafting regulations as well as the primary investigation and argumentation
report of
important issues involved in the rules or draft regulations;
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(4)
the drafting organization and the schedule of the rules and draft regulations;
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(5)
suggestion schedule for deliberation by the Municipal Government.
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Article
12 After integrating and coordinating the advisory plan of enacting rules and drafting regulations, the
Municipal Legislative
Affairs Bureau shall work out the annual draft plan of enacting rules and drafting regulations by the Municipal Government, promulgate
and enforce subjected
to the approval of the Municipal Government before December 15 every year.
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The preceding annual draft plan
shall include the following contents:
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(1)
the name of rules or draft regulations;
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(2)
the responsible drafting units and the cooperation units;
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(3)
the time of finishing drafting tasks and submitting to the Municipal Legislative Affairs Bureau for review by the responsible drafting
units;
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(4)
the time of planning to submit to the Municipal Government for deliberation.
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Article
13 The responsible drafting units shall appoint the project
principal, the drafting personnel, make the working plan and organize the works of drafting rules and regulations according to the
planning requirement
after the Municipal Government promulgates the annual plan of enacting rules and drafting regulations (hereinafter referred to as
the annual legislative
plan).
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When the Municipal Legislative
Affairs Bureau takes charge of draw up rules and draft regulations, relevant administrative
competent authorities and units relating to the draft content shall cooperate
positively.
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Article
14 The departments of the Municipal Government, the district People' s Governments and the other
institutions exercising
the governmental administrative powers and functions by law, who take on the drafting task of rules and draft regulations according
to the annual
legislative plan, shall bring the task of carrying out the annual legislative plan into the target management
liability system in the same year
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The Municipal Legislative Affairs
Bureau shall carry out the examination, supervision, instruction and coordination of
execution of the annual legislative plan by relevant departments and other relevant units, as
well as take charge of
finishing the examination and the drafting task of itself according to plan.
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Article
15 The responsible drafting unit, who fails to finish the drafting
tasks according to the requirement of the plan, shall
make written report for explaining reasons, and the Municipal Legislative Affairs Bureau shall submit it to the Municipal
Government for decision with handling opinions.
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If the annual legislative plan
needs to be adjusted specially during the enforcement, the Municipal Legislative Affairs
Bureau shall submit the adjustment to the Municipal Government for decision.
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Article
16 The Municipal Legislative Affairs Bureau shall summarize the
enforcement of the annual legislative plan of last year
every January and report to the Municipal Government.
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Where the responsible drafting
unit fails to finish the drafting task of rules and draft regulations according to the
plan and results in important influence on the administrative works of the Municipal
Government, its relevant leaders
shall be investigated for responsibility.
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Article
17 The rules and draft regulations shall be with the precise structure, proper arrangement and the exact, simple
and pellucid
words.
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The contents of the rules and the
draft regulations shall be arranged in the form of articles which may consist of paragraphs,
subparagraphs and items. If with quantity clause, it may consist of chapters and
sections.
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The sequence of different articles
shall be marked in the order of Chinese numerals, the sequence of the paragraphs shall
not be marked, that of subparagraphs shall be marked in the order of bracketed Chinese
numerals and that of items marked
with Arabic numerals.
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Article
18 The responsible drafting units of rules or draft regulations
shall submit the drafting explanation with the following
contents when submitting the rules or the draft regulations:
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(1 ) the basic course of drafting;
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(2)the necessity of enacting the rules or regulations;
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(3)the main contents and foundation of the draft;
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(4)other problems need explaining.
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Article
19 After the drafting work of rules and regulations being finished, they shall be signed down by the main
principal of
the responsible drafting unit and submitted to the Municipal Legislative Affairs Bureau for examination.
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The drafting unit shall submit the
rules or the draft regulations and the drafting explanations in thirty copies as well
as relevant materials as the foundation of drafting when submitting the rules or draft
regulations.
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Chapter
III Examination and Amendment
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Article
20 The Municipal Legislative Affairs Bureau shall examine, coordinate and amend the rules and the draft
regulations in
the light of the following questions:
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(1) whether it complies with the
Constitution, the basic principles of the laws and administrative regulations;
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(2) whether it is in favor of
establishing and improving the legal system of socialist market economy and whether it
is in favor of improving the administrative management.
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(3) whether it coordinates and
links up with the current regulations and rules in the Special Zone, if the current rules
and regulations in the Special Zone need to be amended, whether the reasons and bases
are sufficient;
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(4) whether the relevant
departments, enterprises and citizens have different opinions to the main contents of the draft,
and how to deal with such different opinions;
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(5) whether it complies with the
legislative technology requirements.
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Article
21 When examining and amending the rules and the draft regulations,
the Municipal Legislative Affairs Bureau shall investigate,
research, solicit opinions from relevant administration authorities, administrative counterpart and the society
widely,
take argumentation on the important guideline, policies and other disputed problems in the rules and the draft regulations.
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Article
22 Where the rules and the draft regulations involve the benefit of
many enterprises and citizens , the Municipal Legislative
Affairs Bureau shall hold a hearing to openly solicit opinions from the parties interested in the contents of the draft
before submitting the draft to the Municipal Government for deliberation.
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Where the rules and the draft
regulations involve important policies or important technical problems, the Municipal Legislative
Affairs Bureau shall organize the relevant experts for argumentation.
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Article
23 Where the contents of the draft submitted by the responsible
drafting unit of the rules and the draft regulations fail
to comply with these rules, or the legislative technology has larger limitations, the Municipal Legislative Affairs
Bureau may return the draft to the original drafting unit with written opinions; the original drafting unit shall organize to draw
up again or amend according to these rules.
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Article
24 When the Municipal Legislative Affairs Bureau examines and amends
the rules and the draft regulations, relevant governmental
authorities and other institutions exercising government administrative
powers and functions shall assist investigation and research as well as supply relevant files
and other necessary conditions.
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Article
25 For any important administrative competent authority involved in
the rules and the draft regulations, the Municipal Legislative
Affairs Bureau shall deliver the whole draft to it for enquiring opinions, while it shall reply in written in the
time
limit. If failing to reply in written in the time limit and without any reason, it shall be considered to agree with the contents
of the draft.
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Article
26 Where the contents of the rules and the draft regulations have serious influence on the development of the
Special Zone,
or the rights and interests of the citizens, legal persons and other organizations, under the approval of the Municipal Government,
the Municipal Legislative
Affairs Bureau shall announce the whole draft in the Shenzhen Special Zone Daily and in the
Shenzhen Economic Daily for enquiring the opinions from the society before
deliberating by the municipal Government.
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Any unit or individual has right
to propose the opinions for the contents of the rules and the draft regulations. The
Municipal Legislative Affairs Bureau shall collect and study these opinions seriously and
take them as reference when
examining and amending.
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Article
27 Where relevant departments and the district governments have
different opinions on the contents of the rules and the
draft regulations, the Municipal Legislative Affairs Bureau shall coordinate. Where relevant competent departments still
have different opinions about the important problems of the draft after coordination, it shall be submitted to the Municipal
Government for decision with opinions of
the Municipal Legislative Affairs Bureau.
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Article
28 After examining and amending the rules and the draft regulations,
the Municipal Legislative Affairs Bureau shall submit
the rules or the draft regulations and its examining report (in the case of direct organizing to draft, the drafting
explanation shall be submitted) to the Municipal Government for examination and approval.
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The preceding examining report
shall include the following contents:
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(1)
the aim and necessity of enacting the rules and drafting regulations;
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(2)
the foundation of enacting rules and drafting regulations;
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(3)
the main contents of the rules and the draft regulations;
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(4)
the argumental opinions from the experts, the main disputes in the hearing, and other circumstance of enquiring opinions;
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(5)
the circumstance of coordination;
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(6)
other problems need to be explained.
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Chapter
IV Authorization and Promulgation
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Article 29 The rules and the draft regulations shall be decided by discussion at the
Executive Meeting or the General Meeting of
the Municipal Government.
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Article 30 Before the
Executive Meeting or the General Meeting of the Municipal Government deliberates the rules and the draft regulations,
the General Office of the Municipal Government shall deliver
the rules or the draft regulations to the Major, the deputy
Major, the secretary-general of the Municipal Government, and other principals of relevant departments for preparing
opinions. When the Executive Meeting or the General Meeting of the Municipal Government deliberates the rules and the draft regulations,
the Municipal Legislative Affairs Bureau
shall give an examining report which shall be deliberated by the members of
the Executive Meeting or the General Meeting of the Municipal Government.
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The relevant governmental
departments, the principals of the district government attending the meeting may express the
opinions in behalf of their units, but the opinions shall be in accordance with the
written reply of the concerned units.
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The original drafting unit of the
rules or the draft regulations, and the principal of the Municipal Legislative Affairs
Bureau shall take charge of answering relevant enquiries.
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Article
31 After being deliberated at the Executive Meeting or the General Meeting of the Municipal Government, the
rules and the
draft regulations shall be decided to pass or not by the Major or the deputy Major assigned by the Major to preside over the meeting.
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For the rules and the draft
regulations which are passed in principle but shall be amended according to the deliberating
decision at the meeting, the Municipal Legislative Affairs Bureau shall organize to
amend and submit to the Major for
examination and approval.
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Article
32 After the draft rules are deliberated and passed at the Executive Meeting or the General Meeting of
the municipal Government,
it shall be promulgated by Order of the Municipal Government signed down by the Major.
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After being promulgated, the rules
shall be published in full text in the Gazette of the People' s Government of Shenzhen
Municipality, the Shenzhen Special Zone Daily, and the Shenzhen Economic Daily.
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Article
33 After being deliberated and passed in the Executive Meeting or
General Meeting of the Municipal Government, the draft
regulations shall be signed down by the Mayor as a proposal of Municipal Government for submitting to the municipal
People' s Congress or its Standing Committee for deliberation.
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Article
34 The rules shall be implemented upon promulgating by the Order of Municipal Government signed down by
the Major. The rules,
which prescribe general obligation for the citizen, shall be implemented later than promulgation while the specific time of implementation
shall be
prescribed in the rules.
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Where the draft regulations, as a
proposal of Municipal Government, is signed down by the Mayor and is submitted to the
municipal People' s Congress or its Standing Committee for deliberation, any municipal
governmental authority, other
institution exercising the governmental administrative powers and functions by laws and their staff, if have any different opinions
which have been
coordinated and decided by the Municipal Government, shall not propose the opinions violating the contents
of the draft regulations in the name of the unit.
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Chapter
V Supplementary Provisions
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Article
35 The rules compilation and print work shall be organized by the
Municipal Legislative Affairs Bureau; the foreign language
version of the rules compilation shall be organized to translate and be examined by the Municipal Legislative Affairs
Bureau.
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Article
36 The procedures for amending rules or raising an amendment
proposal concerning the current regulations of the Special
Zone shall be the same as the procedures for enacting rules and drafting regulations.
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Article
37
These
rules shall take effect as of the date of promulgation. The Rules of the People' Government of Shenzhen Municipality
on the Procedures of Enacting Rules and Drafting
Regulations of Shenzhen Special Economic Zone, being promulgated by
the Municipal Government on December 5, 1992, shall be abolished at the time of the promulgation of these
rules. |
