(Issued on September 25, 2002 in accordance with Decree No. 7 of People's Government of Guangzhou Municipality, amended for the first time on February 1, 2010 in accordance with Decree No. 26 of the People's Government of Guangzhou Municipality, amended for the second time on September 30, 2015 in accordance with Decree No. 132 of the People's Government of Guangzhou Municipality and amended for the third time on February 1, 2020 in accordance with Decree No. 169 of the People's Government of Guangzhou Municipality)

　　Article 1 These measures are formulated in accordance with the Legislation Law of the People's Republic of China and the Regulations the Procedures for Formulating Rules, in the light of the actual situation of this Municipality, and with a view to regulating the formulation of rules of the people's government of this Municipality and ensuring the quality of rules.

　　Article 2 These Measures are applicable to the initiation, drafting, examination, decision-making, publication, filing, interpretation, evaluation, cleaning and archives management on rules.

　　Article 3 Formulation of rules should implement the party's basic theory, basic line and basic strategy, follow the legislative principles set forth in the Legislation Law of the People's Republic of China and the Regulations the Procedures for Formulating Rules, adhere to scientific, democratic and legal legislation, and conform to the provisions of the constitution, laws, administrative regulations and other higher-level laws. Where no laws, administrative regulations or local regulations may be taken as the basis, it is not allowed to set norms that impair the rights of citizens, legal persons and other organizations or increase their obligations.

　　The formulation of rules supporting any laws or regulations in the political aspect and rules in the major economic and social aspects shall be timely reported to the municipal Party committee in accordance with relevant provisions.

　　Article 4 Rules shall be formulated in the interests of the whole country and shall not seek the interests of departments.

　　Article 5 The Municipal People's Government shall work out annual plans for the formulation of government rules, which shall be published to the public in the first quarter of each year. The municipal judicial administrative authority shall undertake the preparation of such annual plans. Each annual plan for the formulation of government rules shall specify the names, categories, drafting organizations and completion times of the rules, as well as the major and important rules that need to be reported to the municipal Party committee.

　　The categories in an annual plan for the formulation of government rules include the items to be deliberated within the year, the items to be deliberated in due course and the items to be researched. The items to be deliberated within the year shall be submitted to the municipal people's government for deliberation in the same year; the items to be deliberated in due course may be submitted to the municipal people's government for deliberation in the same year when conditions permit; and for the items to be researched, legislative research shall carried out in the same year.

　　In principle, if any items to be deliberated in due course in an annual plan for the formulation of government rules fail to be submitted to the municipal people's government for deliberation, priority shall be given to including them as the items to be deliberated within the next year; priority shall be given to including the items to be researched as the items to be deliberated in due course in the next year.

　　The municipal people's government may draw up a five-year plan for formulation of government rules, and the specific work of drawing up the plan shall be carried out with reference to the annual plans for making government rules. Priority shall be given to including in annual plans for the formulation of government rules the items listed in the five-year plan for the formulation of government rules.

　　Article 6 Any department under the municipal government, district people's government or relevant entity that considers it necessary to formulate a rule shall apply to the municipal judicial administrative authority for initiation.

　　The municipal judicial administrative authority may put forward a proposal for the initiation of the formulation of the rule to the departments under the municipal government, district people's government or relevant entity, as the case may be, who shall study the proposal, and, if the proposal is not adopted, give justification.

　　Citizens, legal persons and other organizations may, in accordance with the relevant provisions of the Measures of Guangzhou Municipality on Public Participation in the Formulation of Rules, put forward a proposal for the formulation of rules to the municipal judicial administrative authority.

　　Article 7 In any of the following circumstances, the organization organizing the implementation of a rule shall apply to the municipal judicial administrative authority for the initiation of modifying or abolishing the rule:

　　(1) Where any higher-level law on which the rule is based has been modified or repealed;

　　(2) Where the main content of the rule has been replaced by any higher-level law or other rule;

　　(3) Where the main contents of the rule can no longer meet the needs of comprehensively deepening reform and economic and social development; or

　　(4) Any other circumstances requiring modification or repeal.

　　Article 8 To apply for listing as an item to be deliberated within the year or in due course, the following materials shall be submitted:

　　(1) A proposal for initiation;

　　(2) An initiation demonstration report;

　　(3) The first draft of provisions of the rule and its notes;

　　(4) Compilation of relevant laws, regulations, rules and policy documents;

　　(5) Investigation and research, and summary of opinions from all aspects; and

　　(6) Other relevant materials.

　　In case of an application for listing as an item to be researched, only the initiation proposal and initiation demonstration report specified in the preceding paragraph are required.

　　The application materials for initiation shall be subject to the review by the body in charge of legal work of the organization and the signature by the principal in charge of the organization.

　　Article 9 In case of any of the following circumstances, the application for initiation shall not be approved:

　　(1) Where the main system to be established conflicts with the constitution, laws and regulations or does not conform to the relevant principles and policies of the party and the state;

　　(2) Where the legislative authority of this Municipality's rules is surpassed;

　　(3) Where, for the main problems to be solved, relevant laws, regulations and rules have provided for solutions;

　　(4) Where the needs of the Municipality's comprehensive deepening of reform and economic and social development are not met; or

　　(5) Any other circumstances that do not meet the conditions for initiation.

　　Article 10 the following conditions shall be met when an item is listed as an item to be deliberated within the year or in due course:

　　(1) It is necessary and urgent to legislate;

　　(2) Reasonable and feasible solutions have been put forward for the main problems to be solved and the main systems or measures to be established;

　　(3) The requirements for submission of materials under Article 8 of these Measures are met.

　　In order to be listed as an item to be researched, it should be necessary to legislate, and preliminary research and demonstration on the main problems involved and the main systems or measures to be established have been carried out.

　　Article 11 The municipal judicial administrative authority shall, in accordance with the conditions for initiation as stipulated in Articles 8, 9 and 10 of these Measures, evaluate and demonstrate the applications for initiation and the suggestions put forward by the public on the formulation of rules, prepare the draft annual plans for the formulation of government rules, and submit them to the municipal people's government for deliberation and publish them to the public after being approved by the municipal Party committee.

　　Article 12 The municipal people's government may adjust the annual plans for formulation of government rules to meet the needs of the economic development and social affairs management of this Municipality. Any organization that puts forward the adjustment proposal shall demonstrate and seek the opinions of the municipal judicial administrative authority, and then submit it to the municipal people's government for approval. If the adjustment of major and important rules is involved, it shall be submitted to the municipal Party committee for approval in accordance with the procedures.

　　After the adjustment of an annual plan for the formulation of government rules, the municipal judicial administrative authority shall publish it to the public.

　　Article 13 A rule drafting organization shall, within thirty (30) days from the date of issue of an annual plan for the formulation of government rules, submit to the municipal judicial administrative authority its drafting work plan for the items to be deliberated within the year.

　　The drafting work plan shall include the drafting progress, time of submission and examination, personnel arrangement, legislative investigation and public participation plan, etc.

　　Article 14 In principle, a rule shall be drafted by the organization applying for initiation. For a rule with complex contents and involving the responsibilities of multiple organizations, the municipal people's government may determine that one of such organization or the municipal judicial administrative authority should be responsible for drafting the rule, and the relevant organizations shall cooperate.

　　Article 15 A rule-drafting organization may invite experts in relevant fields to participate in the drafting work, or entrust the drafting work to institutions of higher learning, scientific research institutions, social organizations, etc.

　　Entrusted drafting shall comply with the provisions of laws and regulations regarding government purchase of services, and shall be open and transparent. The client shall abide by the following provisions:

　　(1) Sign an engagement letter, clarifying the work tasks, work schedule, achievement materials, etc. of the entrusted party;

　　(2) Assign a special person to participate in the whole process of the legislative investigation, demonstration, revision and other drafting activities carried out by the entrusted party;

　　(3) Provide direction and guidance for the entrusted party to carry out legislative research, demonstration, revision and other drafting activities.

　　Article 16 To draft a rule, local legislative research shall be organized and carried out, and non-local legislative research may be organized and carried out when necessary.

　　Legislative research shall be problem oriented, focus on understanding the reality, and involve drawing up a scientific research outline, selecting relevant and representative research sites and objects, conducting in-depth research and forming a research report.

　　Article 17 To draft a rule, the opinions of relevant organizations and individuals shall be widely listened to in accordance with the relevant provisions of the Measures of Guangzhou Municipality on Public Participation in the Formulation of Rules.

　　Article 18 For the following important matters, the rule-drafting organization may engage a third party to make an evaluation, and the third party shall issue an evaluation report:

　　(1) Where the legality, necessity and feasibility of the main system or measure to be established are controversial;

　　(2) Where the rights and obligations of citizens, legal persons and other organizations are substantially adjusted; or

　　(3) Any other important matters.

　　Article 19 Any third party that accepts an engagement to evaluate important matters shall meet the following conditions:

　　(1) It has representativeness and authority in related fields and has good social reputation;

　　(2) It has relevant professional knowledge and skills, and strong experience and ability in data collection and analysis, decision-making consultation and policy evaluation;

　　(3) It has no interest in any organizations or individuals involved in any important matters; and

　　(4) Other conditions required for the evaluation.

　　The third party should be objective, independent and impartial in carrying out the evaluation, and shall not carry out any activities that may affect the objectivity, independence and impartiality of the evaluation, nor shall it practice fraud or plagiarism.

　　The evaluation report issued by the third party shall be taken as an important reference for coordinating the handling of relevant important matters, as well as for studying, modifying and perfecting the first draft of the provisions of the rule.

　　Article 20 For a formulation or revision item to be deliberated within the year, the rule-drafting organization shall submit the following materials and their electronic version to the municipal judicial administrative authority for examination within the prescribed time:

　　(1) The annotated version of the draft rule for examination;

　　(2) A description of the draft rule for examination;

　　(3) Summary and adoption of department opinions;

　　(4) A description of public participation;

　　(5) The record of the hearing, except for the legislation item without a hearing;

　　(6) Compilation of relevant laws, regulations, rules and policy documents;

　　(7) Fair competition examination form; and

　　(8) Other relevant materials.

　　For a repeal item to be deliberated within the year, the rule-drafting organization shall submit the following materials and their electronic version to the municipal judicial administrative authority for examination within the prescribed time:

　　(1) Feasibility analysis table of repealing important provisions of the rule;

　　(2) An explanation of the repeal of the rule;

　　(3) Summary and adoption of department opinions;

　　(4) Description of public participation.

　　The materials submitted shall be subject to the review by the body in charge of the legal work of the organization and the signature of the principal of the organization.

　　For an item to be deliberated in due course, when conditions permit, the rule-drafting organization may submit relevant materials in accordance with the provisions of this Article.

　　Article 21 The annotated version of the draft rule for examination shall meet the following requirements:

　　(1) After "Article X" in each article, the content regulated by the article is indicated;

　　(2) Below the content of each article, the reasons for the formulation of the article, and the higher-level law and other normative documents on or to which the article is based or refers are indicated, with their titles, document numbers and contents listed.

　　Article 22 The notes to a draft rule for examination shall include the following contents:

　　(1) The necessity of formulating or revising the rule;

　　(2) The legislative ideas and basis for formulating or revising the rule;

　　(3) The main problems to be solved and the main systems or measures to be established;

　　(4) The main controversial issues and the coordination of handling thereof; and

　　(5) Other issues that need to be explained.

　　Article 23 If the materials submitted by a rule-drafting organization for examination are incomplete or do not meet the requirements, the municipal judicial administrative authority may require the drafting organization to make corrections within the prescribed time limit. If no correction is made within the time limit, the municipal judicial administrative authority may return the draft rule for examination to the drafting organization.

　　Article 24 The municipal judicial administrative authority shall examine the contents of the materials submitted on a rule from the following aspects:

　　(1) Whether they are in conformity with the constitution, laws, administrative regulations and other higher-level laws;

　　(2) Whether they conform to the socialist core values;

　　(3) Whether they are in coordination and convergence with relevant rules;

　　(4) Whether they are effective and operable;

　　(5) Whether the opinions of relevant organizations and individuals on the draft rule for examination are treated properly;

　　(6) Whether they meet the technical requirements of legislation;

　　(7) Whether fair competition examination has been conducted; and

　　(8) Other contents to be examined.

　　In the process of examining the rule, the rule drafting organization shall assist and cooperate with the municipal judicial administrative authority in carrying out investigation, demonstration, modification and public participation.

　　Article 25 In the process of examination, the municipal judicial administrative authority shall carry out public participation-related work in accordance with the relevant provisions of the Measures of Guangzhou Municipality on Public Participation in the Formulation of Rules.

　　Article 26 The municipal judicial administrative authority shall set up legislative contact points at the grass-roots level, conduct on-the-spot investigation and study at the grass-roots level, and listen to the opinions from the grass-roots level.

　　Article 27 The municipal judicial administrative authority shall solicit, in written form, opinions from the departments under the municipal government and the district people's governments on the draft rules for examination, and may, when necessary, solicit opinions from Party representatives, deputies to the National People's Congress and members of the Chinese People's Political Consultative Conference.

　　The municipal judicial administrative authority shall treat different opinions objectively and fairly, and form the draft rules and notes thereto after comprehensively taking into consideration the opinions from all parties and modifying the draft rules for examination.

　　The notes to a draft rule shall include the necessity of making the rule, the main problems to be solved, the main systems or measures to be determined, the coordination of argumentation and the handling of different opinions, etc.

　　Article 28 The municipal judicial administrative authority's request for deliberation of the draft rules by the executive meeting or plenary meeting of the municipal government, if signed by the head of the authority, shall be submitted to the municipal people's government, along with the annotated version of the draft rule and its notes, the summary and adoption of opinions of departments, the description of public participation, and other relevant materials.

　　The general office of the municipal government shall, before the executive or plenary meeting of the municipal government, distribute the annotated draft of the draft rule and its notes and other relevant materials to the members of the executive or plenary meeting of the municipal government and other personnel that have attended the meeting.

　　Article 29 The municipal judicial administrative authority shall, in accordance with the deliberation opinions from the executive or plenary meeting of the municipal government and in conjunction with the rule-drafting organization, modify the draft rule to form a revised draft of the draft rule, which shall be published after it is submitted to and an order is issued by the mayor. When the application for publication is submitted, the interpretation plan and materials provided by the drafting organization shall be attached at the same time.

　　Article 30 The general office of the municipal people's government shall be responsible for printing and distributing the rules issued by orders signed by the mayor of the Municipality, and such rules shall be published in the Gazette of People's Government of Guangzhou Municipality and the municipal newspapers, and shall also be published on the portal website of the municipal people's government. The rule-drafting organization is responsible for sending the interpretation materials of such rules to the editorial department of the portal website of the municipal people's government, and publishing them simultaneously with the rules.

　　Article 31 The organization organizing the implementation of a rule and relevant departments shall make good preparations for the implementation of the rule in accordance with the principle of "who legislates, who popularizes the law; who enforces the law, who popularizes the law". The organization organizing the implementation of the rule shall, within thirty (30) days from the date of issuing the rule, formulate a work plan for the implementation of the rule, submit it to the municipal judicial administrative authority, and carry out relevant work. The work plan for the implementation of the rule generally includes the following contents:

　　(1) The plan for special law popularization;

　　(2) The plan for Implementation of the main systems set forth in the rule;

　　(3) Division of responsibilities between the organization organizing the implementation of the rule and other organizations assisting in implementing the rule;

　　(4) The training plan for organizing relevant personnel to learn the rule;

　　(5) The plan for cleaning up relevant normative documents against the rule; and

　　(6) Other relevant contents.

　　If the rule requires the formulation of a supporting management systems, the organization organizing the implementation of the rule and relevant departments shall complete the formulation within six (6) months from the effective date of the rule.

　　Article 32 Within thirty (30) days from the date of promulgation of a rule, the municipal judicial administrative authority is responsible for submitting the rule to the State Council, the standing committee of the provincial people's congress, the provincial people's government and the standing committee of the municipal people's congress for filing.

　　Article 33 The power to interpret the rules shall belong to the municipal people's government.

　　The municipal judicial administrative authority shall, with reference to the procedures for examination of the draft rules for examination, put forward opinions on the interpretation of the rules and submit them to the municipal people's government for approval before promulgation.

　　The interpretation of rules shall have the same effect as the rules.

　　Article 34 In accordance with the needs of comprehensively deepening reform and social and economic development, as well as the formulation, modification and repeal of higher-level laws, the organizations organizing the implementation of rules shall clean up rules in a timely manner. The municipal judicial administrative authority shall guide and supervise the clean-up work, and may take the lead in organizing the clean-up work as required by the municipal people's government or when necessary. The clean-up of rules shall be implemented in accordance with the Provisions of the Guangdong Provincial Government on the Clean-up of Rules.

　　For rules that need to be amended or repealed in a centralized way according to the results of the clean-up, the municipal judicial administrative authority shall publish them to the public after submitting them to the municipal people's government for deliberation and approval according to the provisions of these Measures; for any rule the revision or repeal of which needs to be included in an annual plan for formulation of government rules, the organization organizing the implementation of the rule shall timely submit an application for initiation to the municipal judicial administrative authority.

　　Article 35 An organization organizing the implementation of rules shall evaluate the government rules that are directly related to the vital interests of the people and have a greater impact on economic and social development, and form an evaluation report. The evaluation report shall include the inspection on the enforcement of rules, the data of administrative penalty cases, the formulation of supporting measures, the effectiveness of implementation, the existing problems, and suggestions for improvement. The evaluation work shall be carried out in accordance with the Provisions of the Guangdong Province on Post-Legislation Evaluation of Government Rules (Decree No. 127 of the provincial government).

　　Article 36 The municipal judicial administrative authority shall be responsible for filing the materials formed in the process of drafting, examining and deliberating the rules, and establishing the legislation archives of rules.

　　Article 37 The following materials related to the legislation of rules shall be archived and preserved:

　　(1) Initiation-related materials;

　　(2) Drafting, research, demonstration, solicitation of opinions, and other materials;

　　(3) Relevant materials submitted to the municipal people's government for deliberation after examination by the municipal judicial administrative authority;

　　(4) Minutes of the executive meeting of the municipal government;

　　(5) Materials relating to the printing and distribution and filing of rules;

　　(6) Rules interpretation materials;

　　(7) Other relevant materials.

　　The legislation archives of rules shall be sorted out and filed one by one, and the paper archives and electronic archives shall be kept together.

　　Article 38 The procedures for the modification and repeal of rules shall be subject to the relevant provisions of these Measures.

　　A rule, if revised or repealed, shall be promulgated in a timely manner.

　　Article 39 The municipal judicial administrative authority shall be responsible for the translation to the foreign language versions of rules and the compilation of the Chinese and foreign language versions.

　　Article 40 The drafts of local regulations proposed to be submitted by the municipal people's government to the Municipal People's Congress or its Standing Committee for deliberation shall be by reference to the relevant provisions of these Measures.

　　Article 41 These Measures shall come into force on April 1, 2020.