(Issued on July 20, 2006 in accordance with Decree No. 4 of People's Government of Guangzhou Municipality, amended for the first time on October 26, 2010 in accordance with Decree No. 48 of the People's Government of Guangzhou Municipality and amended for the second time on February 1, 2020 in accordance with Decree No. 170 of the People's Government of Guangzhou Municipality)

　　Chapter I General Provisions

　　Article 1 These Measures are formulated in accordance with the Legislation Law of the People's Republic of China, the Regulations on the Procedures for Formulating Rules and other laws and regulations, in the light of the actual situation of this Municipality, and with a view to promoting and regulating the public participation in the rule-formulating process and ensuring the scientificity, democracy and legality of the work of formulating rules.

　　Article 2 The term "public" as mentioned in these Measures refers to natural persons, legal persons and other organizations.

　　The term "public participation" as mentioned in these Measures refers to the activities by which the public participates in the initiation, drafting, examination and implementation, and other steps of rule-formulating  and puts forward opinions, and the administrative authorities decide whether to adopt them and give timely feedbacks.

　　Article 3 These Measures are applicable to the public participation in the process of making rules of this Municipality.

　　Article 4 When expressing their opinions, the public shall abide by relevant laws, regulations and policies, shall not violate public order or good customs, and shall not maliciously attack the Party or the State, or any State organs, organizations or individuals.

　　Article 5 Public participation shall implement the party's mass line, follow the principles of law, order, openness, equality, universality, voluntariness and convenience, respect public opinion and gather people's wisdom.

　　Article 6 Opinions from public participation shall be disclosed, with the exception of the following opinions:

　　(1) Opinions that involve any State secrets, trade secrets or personal privacy;

　　(2) Opinions that violate the code of ethics;

　　(3) Opinions that the public giving such opinions requests not to disclose;

　　(4) Opinions the competent administrative authority reasonably believes that it is not suitable to disclose.

　　Article 7 The municipal judicial administrative authority shall be responsible for the work on public participation in the stages of initiation, examination and implementation of rules, guide the public participation work of the rule-drafting organizations and the organizations organizing rule implementation, and organize the implementation of these Measures.

　　The rule-drafting organizations are responsible for the public participation in the rule-drafting stage.

　　The organizations organizing rule implementation are responsible for the public participation in the evaluation of the implementation of rules.

　　Article 8 The municipal judicial administrative authority and rule-drafting organization shall include the funds necessary for public participation in the process of rule-formulating in the financial budget at the corresponding level.

　　Article 9 The municipal judicial administrative authority may issue certificates of honor to or give praise to those whose opinions put forward during the public participation in the formulation of rules have an important impact on the determination of major systems in rules and are therefore adopted.

　　Article 10 The municipal judicial administrative authority shall establish a unified municipal special column for public participation in administrative legislation on its portal website, publish information on public participation in the process of rule-formulating, and receive public opinions.

　　Each rule-drafting organization shall publish the information on public participation in the rule-drafting stage and receive public opinions through the special column for public participation in administrative legislation and its portal website.

　　The municipal judicial administrative authority and rule-drafting organization may publish information on public participation and receive public opinions through new media, newspapers, radio and television and other channels.

　　For the opinions submitted by the public, the municipal judicial administrative authority and rule-drafting organization shall timely summarize them and seriously organize the research thereon, timely publish the public opinions, and give feedbacks on the adoption of such public opinions and the reasons.

　　Article 11 The public may participate in the formulation of rules in an orderly manner in the whole process, in various forms such as initiation proposal, solicitation for comments on drafts, forums of public representatives, expert argumentation and consultation, hearings, questionnaire survey, grassroots legislation affairs contact points, and through traditional channels such as by letter, fax or e-mails, and new media channels such as applications.

　　Article 12 Individuals are encouraged to participate in the public participation activities, such as legislative expert argumentation meetings, forums of public representatives and hearings, and their employers are encouraged to give support.

　　If any organization or individual invited to any public participation activities need a  relevant certificate of public participation issued by the competent administrative authority, then the administrative authority shall issue it.

　　Chapter II Public participation in initiation of formulation of rules

　　Article 13 The public may make a proposal for the formulation, amendment or repeal of any rule to the municipal judicial administrative authority, by letter, fax, e-mail or other written means. The contents of the proposal shall include the name of the rule and the reasons for the formulation, amendment or repeal of the rule.

　　The municipal judicial administrative authority shall publish on the special column for public participation in administrative legislation the mailing address, fax number, e-mail address and other relevant information for receiving opinions.

　　After receiving suggestions from the public, the municipal judicial administrative authority shall regularly disclose such suggestions and their handling through the special column for public participation in administrative legislation.

　　Article 14 The municipal judicial administrative authority shall study the public's suggestions on the formulation, amendment or repeal of the rule or refer such suggestions to relevant organizations for study. The relevant organizations shall, within twenty (20) working days from the date of receiving the suggestions from the municipal judicial administrative authority, give a reply to the municipal judicial administrative authority, stating handling opinions.

　　For feasible suggestions, the municipal judicial administrative authority shall adopt them when drawing up the draft annual government rule formulation plan.

　　Article 15 The municipal judicial administrative authority shall solicit public opinions before submitting the draft annual plan for the formulation of government rules to the executive meeting or plenary meeting of the municipal government for deliberation, and the period for soliciting opinions shall generally not be less than fifteen (15) days.

　　When soliciting the public's opinions on the draft annual plan for the formulation of government rules, the following contents shall be disclosed:

　　(1) The draft plan and its notes;

　　(2) The name and drafting organization of the rule project;

　　(3) The deadline for soliciting opinions;

　　(4) Ways for the public to put forward their opinions; and

　　(5) Other contents that need to be disclosed.

　　Article 16 The municipal judicial administrative authority shall, within five (5) working days from the end of solicitation of opinions on the draft annual plan for the formulation of government rules, disclose the opinions put forward by the public through the special column for public participation in administrative legislation, and study such opinions or refer them to relevant organizations for study.

　　The relevant organizations shall reply to the municipal judicial administrative authority within ten (10) working days from the date of receiving such opinions referred by the municipal judicial administrative authority.

　　If it is really necessary to adjust the draft annual plan for the formulation of government rules, the municipal judicial administrative authority shall do so.

　　Article 17 The general office of the municipal government shall, within twenty (20) working days from the date of issue by the mayor of the annual plan for formulation of government rules, publish it on the website of the municipal people's government after the draft annual plan for formulation of government rules was submitted to the municipal government for deliberation and approved by the municipal Party committee.

　　The municipal judicial administrative authority shall, within ten (10) working days from the date when the general office of the municipal government publishes the annual plan for the formulation of government rules through the special column for public participation in administrative legislation, give unified feedback on the public's opinions, and,  if any such opinions are not adopted, give reasons.

　　Chapter III Public participation in the drafting and examination of rules

　　Article 18 A rule-drafting organization shall formulate a work plan for public participation.

　　The work plan for public participation shall include the main systems to be established in the rule, the possible impact thereof on relevant personnel or groups, and the form, time, personnel arrangement and procedures for public participation.

　　Before publishing the draft rule for comments to the public, the drafting organization shall fully conduct demonstration and coordination, subject to the review by its body in charge of rule of law and the consent of the principal of the organization. If the draft rule involves any major administrative decisions of the municipal government or has a large social impact, the rule-drafting organization shall submit it to the municipal government according to the procedure, and with  the consent of  the municipal government, publish the draft rule for comments to the public.

　　Article 19 The rule-drafting organization shall solicit opinions from the public, in the form of forums or expert argumentation and consultation.

　　If it is necessary to further listen to public opinions according to the scope, category and degree of influence of the rule, the drafting organization may widely solicit public opinions through questionnaires, hearings or other effective channels.

　　Article 20 Where a rule has a significant impact on the vital interests or rights and obligations of enterprises, trades and social organizations, the organization drafting the rule shall fully listen to the opinions of various representative enterprises, trade associations, chambers of commerce and social organizations.

　　Article 21 When formulating a supporting rule for any laws or regulations in the political aspect or a rule in the major economic and social aspect, the organization drafting the rule shall solicit the opinions of Party representatives, deputies to the National People's Congress and members of the Chinese People's Political Consultative Conference.

　　Article 22 A rule-drafting organization shall hold a forum of public representatives to listen to the opinions of public representatives on the main issues to be solved by and the main systems or measures to be established in the rule.

　　The following provisions shall be observed when holding a forum of public representatives:

　　(1) The number of public representatives determined to be representative shall be not less than 10;

　　(2) Five (5) days before the public representatives' forum, the key issues and relevant materials on the forum shall be sent to the public representatives;

　　(3) The opinions from public representatives shall be sorted out and archived.

　　Article 23 A rule-drafting organization shall conduct expert argumentation and consultation to demonstrate the controversial issues of professional technicality, legality and rationality in the draft rule for comments. The drafting organization may hold an expert demonstration meeting or solicit experts' opinions in writing.

　　The following provisions shall be abided by when holding an expert demonstration meeting:

　　(1) At least five (5) experts are invited;

　　(2) The scope of experts invited includes representative and authoritative industry experts and legal experts in relevant fields;

　　(3) Five (5) days before the demonstration meeting, the key issues and relevant materials on the demonstration shall be sent to the experts;

　　(4) The written opinions from experts shall be sorted out and archived. 

　　Article 24 A rule-drafting organization may conduct a sample questionnaire survey among the relevant persons or groups that may be affected with respect to the systems to be set up in the rule, so as to understand the public's opinions.

　　The drafting organization may organize, or appoint a third party to organize, a questionnaire survey. If a questionnaire survey is adopted to solicit public opinions, the design of the survey should be simple, clear and easy to understand.

　　Article 25 Except in cases where confidentiality is required by law, a rule-drafting organization shall publish a notice for soliciting legislative opinions in the special column for public participation in administrative legislation on its own portal website, to solicit opinions from the public. The time limit for soliciting opinions shall generally not be less than thirty (30) days.

　　The notice shall include the following contents:

　　(1) Outline of the opinions solicited;

　　(2) The draft rule for comments, and its drafting notes;

　　(3) The deadline for soliciting opinions;

　　(4) Ways for the public to submit their opinions.

　　After publishing the notice for soliciting legislative opinions on the Internet, the drafting organization may publicize and report the solicitation of legislative opinions, through new media, newspapers, radio, television and other channels.

　　The drafting organization shall disclose the public's opinions within five (5) working days from the end of solicitation of opinions.

　　Article 26 Where the rule drafted involves the adjustment of major interests or a substantial divergence of opinion on the rule drafted, has a great impact on the rights and obligations of citizens, legal persons or other organizations and is of general concern to the public, and therefore need to be heard, then the drafting organization shall hold a legislative hearing. The specific circumstances that require a hearing include:

　　(1) Where the rule involves any major problems or prominent contradictions related to the economic and social development of this Municipality;

　　(2) Where some contents of the draft rule for comments are controversial;

　　(3) Where the drafted rule involves a substantial adjustment of the rights and obligations of citizens, legal persons or other organizations;

　　(4) Where the drafted rule involves a substantial interest adjustment between different interest groups;

　　(5) Where the drafted rule intends to set compensation items or adjust compensation standards;

　　(6) Where the drafted rule involves hot and difficult issues of general concern to the public; or

　　(7) Other circumstances requiring a hearing.

　　Where a legislative hearing is held, the drafting organization shall implement the relevant provisions of this Municipality regarding administrative and legislative hearings.

　　Article 27 A rule-drafting organization shall invite the municipal judicial administrative authority and relevant administrative authorities to attend the forums of public representatives, expert demonstration meetings and hearings held by the drafting organization. The municipal judicial administrative authority and relevant administrative authorities shall send their staff to attend.

　　Article 28 The drafting organization shall sort out, classify and analyze the opinions received from the public, modify and improve the draft rule for comments according to the public's opinions, and form a description of the public participation.

　　The description of public participation shall include the following contents:

　　(1) The form of public participation;

　　(2) The situation of soliciting opinions from the public in the process of drafting the rule and an overview of the public's opinions. If a legislative hearing is held, the record of the hearing shall be attached;

　　(3) The adoption of public opinions and, if any opinions from the public are not adopted, the reasons for not adopting them.

　　The drafting organization may, as necessary, form an expert advisory committee to study the public's opinions, demonstrate their rationality and put forward suggestions for handling them.

　　Article 29 The rule-drafting organization shall submit the draft rule for examination, together with a description of the public participation, to the municipal judicial administrative authority, and hand over the following documents and their electronic copies:

　　(1) Relevant records of public representative forums, expert argumentation and consultation, solicitation of public opinions and hearings, and results of questionnaire survey;

　　(2) Other documents related to public participation.

　　Article 30 When drafting rules, the municipal judicial administrative authority shall organize public participation in accordance with the relevant provisions of these Measures.

　　Article 31 If, during the examination of a rule, the municipal judicial administrative authority finds that the organization drafting the rule fails to organize public participation in accordance with these Measures, then the municipal judicial administrative authority shall notify the drafting authority to improve the public participation in accordance with these measures and to re-submit it for examination.

　　Article 32 In the examination stage, the municipal judicial administrative authority may widely listen to the opinions of relevant organizations and individuals at the grass-roots level on the draft rule and legislative work, in such form as a grassroots forum, field survey or collecting opinions in writing, and in reliance on the grassroots legislative contact points.

　　Article 33 In the examination stage, the municipal judicial administrative authority shall conduct expert argumentation and consultation in accordance with the provisions of Article 23 of these Measures.

　　Article 34 If the municipal judicial administrative authority considers it necessary to further listen to the opinions from the public in the examination stage, it may carry out public participation work in accordance with the relevant provisions of these Measures.

　　If the municipal judicial administrative authority believes that the relevant public opinions need to be studied and handled by the rule-drafting organization, then it shall, within five (5) working days from the end of solicitation of public opinions, refer the public's opinions to the drafting organization for study and handling. The drafting organization shall feed back the handling opinion to the municipal judicial administrative authority within ten (10) working days.

　　Article 35 The municipal judicial administrative authority shall treat the public opinions objectively and fairly, modify the draft rules after synthesizing the opinions from all parties at the drafting and examination stages, and improve the description of public participation.

　　The municipal judicial administrative authority shall attach a description of public participation when submitting a draft rule to the municipal government for deliberation.

　　Chapter IV Public participation in the implementation of rules

　　Article 36 The municipal judicial administrative authority shall, within twenty (20) working days from the date of promulgation of a rule, publish the description of public participation through the special column for public participation in administrative legislation.

　　Article 37 The organization organizing the implementation of a rule and relevant departments shall, in accordance with the relevant provisions of this Municipality, do a good job in law popularization and publicity before the implementation of the rule, expand the public awareness of the rule, and promote the effective implementation of the rule.

　　Article 38 If the municipal judicial administrative authority or any organization organizing the implementation of a rule evaluates the implementation of the rule, it shall solicit opinions from public and disclose such opinions within five (5) working days from the end of the solicitation.

　　After the municipal judicial administrative authority or the organization organizing the implementation of the rule, as the case may be, has completed the evaluation of the implementation of the rule, they shall publish the report on the evaluation of the implementation of the rule.

　　Chapter V Supplementary provisions

　　Article 39 The municipal judicial administrative authority shall establish an electronic file of public participation in the formulation of rules, through the special column for public participation in administrative legislation. The electronic file shall include the following contents:

　　(1) The text and interpretation of the rules;

　　(2) Description of public participation in the rule-formulating process;

　　(3) Other materials related to public participation.

　　If it is difficult for the public to directly inquire about such electronic file, they can directly inquire about them from the municipal judicial administrative authority.

　　Article 40 If the Municipal People's government undertakes the legislative work such as drafting local regulations according to law, which requires public participation, then it shall act by reference to these Measures

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