Standing Committee of Sanya Municipal People’s Congress
Gonggao
(2025) No.3
The Decision of Sanya Municipal People’s Congress on Amending the Local Laws and Regulations of Sanya City, adopted by the Sixth Session of the Eighth Sanya Municipal People’s Congress, was approved by the 17th meeting of the Standing Committee of the Seventh Hainan Provincial People’s Congress on April 1, 2025, and is hereby promulgated and shall come into force as of the date of promulgation.
Standing Committee of Sanya Municipal People’s Congress
April 8, 2025
Decision of Sanya Municipal People’s Congress on Amending the Regulations of Sanya Municipality on Formulating Local Laws and Regulations
(The sixth meeting of the Eighth Sanya Municipal People’s Congress on January 9, 2025 was approved by the seventeenth meeting of the Standing Committee of the Seventh Hainan Provincial People’s Congress on April 1, 2025)
The sixth meeting of the Eighth Sanya Municipal People’s Congress decides to make the following amendments to the Regulations of Sanya Municipality on Formulating Local Laws and Regulations:
1. Article 1 is amended as: "In order to standardize the activities of this Municipality in formulating local laws and regulations, improve the legislative procedures, improve the quality of legislation, give full play to the leading and promoting role of legislation, comprehensively promote the rule of law in the city, and build Sanya under the rule of law, this Regulation is formulated in accordance with the Organic Law of People’s Republic of China (PRC) Local People’s Congresses and Local People’s Governments at All Levels, the Legislative Law of People’s Republic of China (PRC), the Regulations on the Formulation and Approval of Local Laws and Regulations of Hainan Province and other relevant laws and regulations, and combined with the actual situation of this Municipality."
Two articles are added as Articles 3 and 4:
"Article 3
To formulate local laws and regulations, we should adhere to the leadership of the Communist Party of China (CPC), the important thoughts of Marxism–Leninism, Mao Zedong Thought, Deng Xiaoping Theory and Theory of Three Represents, the thoughts of Scientific Outlook on Development and the supreme leader Socialism with Chinese characteristics in the new era, the economic construction as the center, the reform and opening up, and the new development concept, so as to ensure the accelerated construction of Hainan as a benchmark city of free trade port on the track of the rule of law.
"Article 4
The formulation of local laws and regulations shall conform to the provisions, principles and spirit of the Constitution, in accordance with the statutory authority and procedures, and proceed from the overall interests of the country, and safeguard the unity, dignity and authority of the socialist legal system. The provisions of local laws and regulations shall not conflict with the upper law.
"The formulation of local laws and regulations should advocate and carry forward the socialist core values, adhere to the combination of the rule of law and the rule of virtue, build a strong sense of the Chinese nation community, and promote the construction of socialist spiritual civilization.
"The formulation of local laws and regulations should meet the needs of reform, adhere to the unity of promoting reform under the rule of law and improving the rule of law in reform, guide, promote, standardize and guarantee relevant reforms, and give play to the important role of the rule of law in the modernization of the city’s governance system and governance capacity."
Three, third to two, as fifth and sixth, as amended:
"Article 5 The formulation of local regulations shall adhere to and develop people’s democracy in the whole process, respect and safeguard human rights, and safeguard and promote social fairness and justice.
"The formulation of local laws and regulations should reflect the will of the people, carry forward socialist democracy, adhere to the openness of legislation, improve the mechanism for deputies to people’s congresses to participate in legislation, promote legislative consultation, and ensure people’s participation in legislative activities through various channels.
"The Standing Committee of the Municipal People’s Congress shall establish a normalized working mechanism, conduct legislative consultations in written form, meetings, commissions, etc., and give timely feedback on the adoption of opinions and suggestions.
"Article 6
The formulation of local laws and regulations should proceed from reality, meet the requirements of comprehensively deepening reform and opening up and building a benchmark city of Hainan Free Trade Port, scientifically and reasonably stipulate the rights and obligations of citizens, legal persons and other organizations, and the powers and responsibilities of state organs, and reflect local characteristics.
"The formulation of local regulations should enrich the legislative forms, and the contents of the regulations should be clear, specific, targeted and enforceable. The contents that have been clearly defined by laws, administrative regulations, provincial local regulations of this province or other local regulations of this Municipality are generally not repeated, and appropriate legislative styles should be selected according to the contents."
4. One article is added as Article 7: "The Municipal People’s Congress and its Standing Committee shall adhere to scientific legislation, democratic legislation and legislation according to law, and strengthen the systematization, integrity, coordination and timeliness of legislation through various forms such as formulating, amending, abolishing and interpreting regulations, and give play to the implementing, supplementary and exploratory functions of local regulations."
5. Article 4 is renumbered as Article 8 and amended as: "The Municipal People’s Congress and its Standing Committee may formulate local regulations on urban and rural construction and management, ecological civilization construction, historical and cultural protection, grass-roots governance and other matters according to the specific conditions and actual needs of this Municipality, provided that different constitutions, laws, administrative regulations and local regulations at the provincial level of this province are in conflict. If there are other provisions in the law on the formulation of local regulations for cities divided into districts, those provisions shall prevail."
6. Article 5 and Article 50 shall be merged as Article 9 and amended as: "The following matters shall be formulated by the Municipal People’s Congress:
"(a) matters stipulated by law by the Municipal People’s Congress to formulate local regulations;
"(two) the legislative system of the Municipal People’s Congress and its Standing Committee;
"(three) the city’s major issues;
"(four) matters that the Municipal People’s Congress considers that local regulations should be formulated by it.
"The Standing Committee of the Municipal People’s Congress shall formulate other local regulations within the scope of its functions and powers, except those that shall be formulated by the Municipal People’s Congress; When the Municipal People’s Congress is not in session, local regulations formulated by the Municipal People’s Congress may be partially supplemented and revised, but they shall not contravene the basic principles of the local regulations. "
Seven, add two, as tenth, eleventh:
"Article 10
Local regulations should be formulated, but the conditions are not yet ripe. Due to the urgent need of administrative management, local government regulations can be formulated first. Before the establishment of regulations, the Municipal People’s Government shall solicit the opinions of the Standing Committee of the Municipal People’s Congress; After the adoption of the regulations, it shall be specially explained when it is submitted to the Standing Committee of the Municipal People’s Congress for the record.
"If the regulations stipulated in the preceding paragraph need to be implemented for two years, the Municipal People’s Government shall promptly submit them to the Municipal People’s Congress or its Standing Committee for formulating local regulations. Before the implementation of local regulations, the administrative measures can continue to be implemented.
"Article 11
The Municipal People’s Congress and its Standing Committee may, according to the needs of reform and development, decide to authorize the temporary adjustment or temporary suspension of the application of some provisions of the local regulations of this Municipality within the prescribed time limit and scope, and report them to the Standing Committee of the Provincial People’s Congress for approval in accordance with the relevant provisions of this Ordinance, and the Standing Committee of the Municipal People’s Congress will issue an announcement to be published.
"Temporary adjustment or temporary suspension of the application of some of the provisions of the local regulations of this Municipality, which has proved feasible in practice, shall be revised by the Municipal People’s Congress and its Standing Committee in a timely manner; If the conditions for amendment are not yet ripe, the period of authorization may be extended, or the relevant local regulations of this Municipality may be resumed. The extension of the authorization period shall be reported to the Standing Committee of the Provincial People’s Congress for approval. "
Eight, sixth to twelfth.
Two paragraphs are added as the second and third paragraphs: "The Standing Committee of the Municipal People’s Congress and the Municipal People’s Government shall establish a legislative communication and coordination mechanism, strengthen the overall coordination of legislative plans, annual legislative plans, major systems of laws and regulations and the progress of legislative work, and coordinate and solve important issues.
"For local laws and regulations that are included in the annual legislative plan and submitted for deliberation by the Municipal People’s Government, a special class for legislative work can be set up to be responsible for coordinating the drafting, revision, review and deliberation of draft local laws and regulations, so as to improve the quality and efficiency of legislation."
One article is added as Article 13: "The Municipal People’s Congress and its Standing Committee may, according to the needs of coordinated regional development, work with the people’s congresses and their Standing Committees of relevant autonomous counties in Sanya Economic Circle and other cities and autonomous counties with districts concerned to formulate local regulations and separate regulations, which shall be implemented within their respective administrative areas or relevant regions.
"To carry out regional collaborative legislation, we should establish and improve the working mechanism, focus on the key areas and key links of regional high-quality integrated development, and strengthen communication and cooperation in the preparation of legislative plans, annual legislative plans, and the drafting, demonstration, publicity, implementation, revision, cleaning up, law enforcement inspection, and post-legislative evaluation of local laws and regulations."
Ten, the first paragraph of Article 7 and the second paragraph of Article 10 are merged as Article 14, which is amended as: "The Standing Committee of the Municipal People’s Congress strengthens the overall arrangement of legislative work through legislative plans and annual legislative plans.
"The preparation of legislative plans and annual legislative plans shall carefully study the motions and suggestions of deputies to the people’s congresses, solicit opinions extensively, conduct scientific argumentation and evaluation, and determine legislative items according to the specific conditions and actual needs of this Municipality and the requirements of strengthening legislation in key areas, emerging fields and foreign-related fields.
"The preparation of legislative plans and annual legislative plans shall be coordinated with the legislative plans and legislative plans of the Standing Committee of the provincial people’s Congress, and the opinions of the legislative affairs office of the Standing Committee of the provincial people’s Congress shall be solicited.
"The legislative plan and the annual legislative plan shall be announced to the public after being passed by the meeting of directors of the Standing Committee of the Municipal People’s Congress (hereinafter referred to as the meeting of directors), and shall be sent to the legal affairs office of the Standing Committee of the Provincial People’s Congress in a timely manner."
Xi. Paragraph 2 and Paragraph 3 of Article 7 are renumbered as Article 15 and amended as: "Legislative planning projects are divided into deliberation projects and investigation projects. The project under consideration refers to the project that is mature and will be submitted for consideration during the term of office; Research projects refer to projects that need to be worked hard and submitted for consideration when conditions are ripe.
"The annual legislative plan projects are divided into deliberation projects, preparatory deliberation projects and key research projects. When considering the project, the drafting unit, the sponsor and the time for proposing the local regulations shall be clearly defined; The drafting unit shall be clearly defined for the preliminary consideration project, and the draft regulations can be adjusted to the consideration project if they are mature; Key research projects should clarify the responsible units. "
12. Paragraph 1 of Article 10 is changed to Article 18 and amended as: "The legislative affairs office of the Standing Committee of the Municipal People’s Congress shall comprehensively coordinate, study and demonstrate the legislative suggestions and opinions put forward by all parties, and put forward the draft legislative plan and the draft annual legislative plan. Projects included in the legislative plan and the annual legislative plan should be demonstrated. "
XIII. Article 11 is renumbered as Article 19 and amended as: "The relevant special committees of the Municipal People’s Congress, the relevant working bodies of the Standing Committee, the Municipal People’s Government and its relevant departments shall seriously organize the implementation of the legislative plan and the annual legislative plan. The legal affairs office of the Standing Committee of the Municipal People’s Congress shall supervise the implementation of the legislative plan and the annual legislative plan.
"Legislative planning and annual legislative plan in the implementation process need to be partially adjusted, by the legal affairs office of the Standing Committee of the Municipal People’s Congress put forward adjustment opinions, reported to the meeting of directors for decision, and promptly sent to the legal affairs office of the Standing Committee of the provincial people’s Congress.
"If the annual legislative plan deliberation project fails to be submitted for deliberation on time, the sponsor shall report to the meeting of directors and explain the situation."
Fourteen, twelfth to twentieth, amended as: "the relevant departments and units shall, in accordance with the annual legislative plan, do a good job in drafting the draft local regulations.
"The relevant departments and other units of the Municipal People’s Government shall be responsible for drafting the draft local regulations, and the relevant special committees of the Municipal People’s Congress and the relevant working bodies of the Standing Committee shall intervene in the drafting work in advance according to the division of responsibilities, and strengthen the tracking, supervision, guidance and coordination of the drafting work.
"A comprehensive, overall and basic draft of important local regulations may be organized and drafted by the relevant special committees of the Municipal People’s Congress or the relevant working bodies of the Standing Committee.
"Professional draft local laws and regulations, can absorb experts in related fields to participate in the drafting work, or entrust relevant experts, teaching and research units, social organizations to draft.
"Other state organs, social organizations, enterprises, institutions and citizens may submit proposals for draft local regulations to the organs with the right to propose local regulations and the relevant working bodies of the Standing Committee."
Fifteen, thirteenth to twenty-first, the first paragraph is amended as: "the drafting of local regulations should be in-depth research, listen to opinions from all sides. Listening to opinions can take the form of symposiums, argumentation meetings, hearings, written consultations, and online consultations. "
The second paragraph is amended as: "The drafting unit shall consult the opinions of relevant social organizations, enterprises and institutions and public representatives on the draft local laws and regulations that involve the vital interests of the majority of citizens; The drafting unit shall listen to the opinions of relevant scientific research institutions, experts and scholars on the draft local regulations involving special technology or other strong professionalism; The drafting unit shall solicit the opinions of the relevant departments on the draft local regulations involving multiple administrative departments. The situation of soliciting opinions should be given feedback. "
16. Article 16 is renumbered as Article 24 and amended as: "When the Standing Committee decides to submit a case of local regulations to the Municipal People’s Congress for deliberation, it shall send the draft local regulations and their explanations and necessary reference materials to the delegates one month before the meeting is held, and may organize the delegates to study and discuss it in time to solicit their opinions.
"Representatives should listen to the opinions and suggestions of the people, participate in the research, study and discussion organized by the unified organization, study the local regulations, and prepare for deliberation."
17. Article 17 is renumbered as Article 25, and the first paragraph is amended as: "When the Municipal People’s Congress is not in session, a local legislative bill that should be deliberated by the Municipal People’s Congress may be submitted to the Standing Committee first. After deliberation by the meeting of the Standing Committee in accordance with the relevant procedures stipulated in these Regulations, it is decided to submit it to the Municipal People’s Congress for deliberation, and the Standing Committee or the sponsor will explain it to the plenary session of the General Assembly."
18. Article 23 is renumbered as Article 31, and the second paragraph is amended as: "When the delegations are deliberating the local regulations, the sponsors shall send people to listen to opinions and answer inquiries; According to the requirements of the delegation, the relevant organs and organizations should send people to introduce the situation. "
The third paragraph is amended as: "The relevant special committees may deliberate on the local regulations included in the agenda of the General Assembly, put forward deliberation opinions to the presidium, and print and distribute the meeting."
19. Article 24 is renumbered as Article 32 and amended as: "The Legislative Affairs Committee of the Municipal People’s Congress (hereinafter referred to as the Legislative Affairs Committee) conducts a unified deliberation on local legislative proposals according to the deliberation opinions of delegations and relevant special committees, submits a report on the deliberation results and a voting draft to the presidium, and issues it to the presidium after deliberation and adoption. The Legal Affairs Committee should explain the important different opinions in the report of the deliberation results. "
Twenty, article twenty-eighth is changed into article thirty-fifth, and it is amended as: "The voting version of the draft local regulations shall be submitted by the presidium to the plenary session of the General Assembly for voting, and shall be adopted by more than half of all the deputies."
Twenty-one, the first paragraph and the second paragraph of Article 29 are changed into Article 36, which is amended as: "The local regulations that are included in the agenda of the meeting of the Standing Committee are generally considered by two meetings before being put to the vote; Local regulations that are relatively simple, partially revised or abolished, and the opinions of all parties are relatively consistent, or in case of emergency, can also be put to the vote after deliberation at a meeting.
"If there are still major issues that need further study after the deliberation of the two meetings of the Standing Committee, the meeting of directors may decide not to put them to the vote for the time being, and after submitting them to the Legal Affairs Committee for further deliberation and revision, the meeting of directors shall decide to submit them to the meeting of the Standing Committee for reconsideration."
Twenty-two, thirtieth to thirty-seventh in the first and second paragraphs.
The third paragraph of Article 29 is changed to the third paragraph of Article 37, which is amended as: "When the meeting of the Standing Committee deliberates the local regulations, representatives of the relevant municipal people’s congresses shall be invited to attend the meeting as nonvoting delegates."
23. Article 33 is renumbered as Article 40, which is amended as: "The Legislative Affairs Commission shall make a unified deliberation on a local regulation bill included in the agenda of the meeting of the Standing Committee based on the deliberation and review opinions of the members of the Standing Committee, relevant special committees or relevant working bodies of the Standing Committee, and put forward a report on the deliberation result and a revised draft of the local regulation. The important different opinions shall be explained in the report on the deliberation result.
"If the Legal Committee fails to adopt the important deliberation and review opinions of the relevant special committees or relevant working bodies of the Standing Committee, it shall give feedback to the relevant special committees or relevant working bodies of the Standing Committee. If the Legal Affairs Committee disagrees with the relevant special committees or relevant working bodies of the Standing Committee on important issues of local regulations, it shall report to the meeting of directors.
"When the Legislative Affairs Committee deliberates a local regulation bill, it shall convene a plenary meeting for deliberation, and invite members of relevant special committees and relevant working bodies of the Standing Committee to attend the meeting as nonvoting delegates and express their opinions. When necessary, you can ask the heads of relevant organs and organizations to attend the meeting to explain the situation. "
24. Article 41 is renumbered as Article 47, which is amended as: "If the deliberation of a local regulation bill included in the agenda of the meeting of the Standing Committee has been put on hold for two years due to great differences of opinion among the parties on the necessity and feasibility of formulating the local regulation, or if it has not been put on the agenda of the meeting of the Standing Committee again after two years due to non-voting, the meeting of directors may decide to terminate the deliberation and report to the Standing Committee; When necessary, the meeting of directors may also decide to postpone the deliberation. "
Article 42 is renumbered as Article 49 and amended as: "The Standing Committee of the Municipal People’s Congress shall submit the written report, the text of the local regulations, the explanation of the draft and the necessary reference materials submitted to the Standing Committee of the Provincial People’s Congress within 15 days from the date when the local regulations are passed."
One paragraph is added as the second paragraph: "If the Standing Committee of the provincial people’s congress approves the decision to amend local regulations, the Standing Committee of the Municipal People’s Congress shall make amendments in accordance with the approved decision."
Twenty-six, one article is added as Article 50: "Local regulations shall specify the implementation date.
"Unless it must be implemented immediately or requires a clear preparation period for implementation, the date of implementation of local regulations is generally the first day of the month after the expiration of 30 days from the date of approval of the regulations by the Standing Committee of the Provincial People’s Congress."
27. Article 44 is renumbered as Article 51 and amended as: "Local regulations approved by the Standing Committee of the Provincial People’s Congress shall be published by the Standing Committee of the Municipal People’s Congress, and the text of local regulations, explanations of drafts and reports on deliberation results shall be published in the bulletin of the Standing Committee of the Municipal People’s Congress, China People’s Congress Network, Hainan People’s Congress Network, Sanya People’s Congress Network and Sanya Daily in time. The text of local regulations published in the bulletin of the Standing Committee of the Municipal People’s Congress is the standard text.
"The announcement of the promulgation of local regulations shall specify the enacting organ, approving organ and the date of adoption, approval and implementation of local regulations."
Twenty-eight, the first paragraph of Article 45 and Article 48 are merged as Article 52, which is amended as: "The provisions of local regulations formulated by the Municipal People’s Congress and its Standing Committee need to be further clarified, or new situations need to be clearly applied after implementation, and the Standing Committee of the Municipal People’s Congress shall interpret them.
"The interpretation of local regulations of the Standing Committee of the Municipal People’s Congress has the same effect as local regulations."
29. The second paragraph of Article 45 is merged with Articles 46 and 47 as Article 53, which is amended as: "The Municipal People’s Government, the Municipal Supervision Commission, the Municipal Intermediate People’s Court, the Municipal People’s Procuratorate, the Special Committee of the Municipal People’s Congress and the Standing Committee of the District People’s Congress may request the interpretation of local regulations to the Standing Committee of the Municipal People’s Congress.
"The legislative affairs office of the Standing Committee of the Municipal People’s Congress shall study and formulate the draft interpretation of local regulations, and the meeting of directors shall decide to submit it to the meeting of the Standing Committee for deliberation.
"After the meeting of the Standing Committee of the Municipal People’s Congress deliberated on the draft interpretation of local regulations, the Legal Affairs Committee deliberated and revised it according to the opinions of the members of the Standing Committee, and put forward a voting draft of the draft interpretation of local regulations.
"The voting version of the draft interpretation of local laws and regulations shall be submitted to the plenary session of the Standing Committee of the Municipal People’s Congress for voting by the meeting of directors, which shall be passed by more than half of all the members of the Standing Committee, and shall be published by the Standing Committee of the Municipal People’s Congress after being approved by the Standing Committee of the Provincial People’s Congress.
"The interpretation of local laws and regulations shall be submitted for the record in accordance with relevant state regulations."
Article 51 is renumbered as Article 55 and amended as: "The relevant provisions of these Regulations on the procedures for formulating local regulations shall apply to the procedures for amending and abolishing local regulations, and shall be reported to the Standing Committee of the Provincial People’s Congress for approval."
Thirty-one, change Article 52 to Article 56, and amend it to read: "Where a local regulation is amended, a new local regulation text shall be published.
"If a local regulation is abolished, an announcement shall be made to make it public, except that it is abolished by other local regulations of this Municipality."
Thirty-two, one article is added as Article 57: "In any of the following circumstances, the Standing Committee of the Municipal People’s Congress shall organize a clean-up according to the principle of maintaining the unity of the legal system and the needs of reform and development:
"(a) the NPC Standing Committee, the State Council, the Standing Committee of the provincial people’s Congress or laws, administrative regulations, local regulations at the provincial level of the province to clean up;
"(two) due to laws, administrative regulations, local regulations at the provincial level of this province, the need to clean up;
"(three) does not meet the needs of economic and social development;
"(4) Other circumstances that need to be cleaned up."
Thirty-three, Article 53, Article 27 and Article 37 are merged as Article 58, which is amended as: "Before the local legislation bill submitted to the Municipal People’s Congress and its Standing Committee is included in the agenda of the meeting, the sponsor has the right to withdraw it.
"Before the proposal of a local regulation on the agenda of the General Assembly is put to the vote, if the sponsor requests to withdraw it, he shall explain the reasons, and report to the General Assembly with the consent of the presidium, and the deliberation of the local regulation shall be terminated.
"If the sponsor requests to withdraw a local regulation bill that has been put on the agenda of the meeting of the Standing Committee before it is put to the vote, it shall explain the reasons, and report to the Standing Committee with the consent of the meeting of directors, and the deliberation of the local regulation bill shall be terminated."
Thirty-four, change Article 55 into Article 59, which is amended as: "When proposing a local regulation, the draft text of the local regulation and its explanation shall be submitted at the same time, and necessary reference materials shall be provided. Where a local regulation is amended, a control text before and after the amendment shall also be submitted. The explanation of the draft local regulations shall include the necessity, feasibility, drafting process and main contents of formulating or amending local regulations, as well as the coordination and handling of major differences in the drafting process and the risk assessment of the draft; If an administrative license, administrative compulsory measures or supplementary administrative penalties are to be set, it shall also include the necessity of setting, the possible impact and the situation of listening to and adopting opinions. "
One paragraph is added as the second paragraph: "Where a bill of local laws and regulations does not meet the requirements specified in the preceding paragraph, it shall generally not be included in the agenda of the meeting of the current people’s congress or the Standing Committee."
Thirty-five, two articles are added as sixty-second and sixty-third:
"The legal affairs office of the Standing Committee of the sixty-second Municipal People’s Congress shall, within ten days from the date of promulgation of local regulations, send the relevant filing materials to the legal affairs office of the Standing Committee of the provincial people’s Congress.
"Article 63 After the implementation of local regulations, the department or unit in charge of the implementation of the regulations shall, in accordance with the provisions, report the annual implementation of local regulations to the Standing Committee of the Municipal People’s Congress in writing."
Thirty-six, article 57 is changed into article 64, which is amended as: "The relevant special committees of the Municipal People’s Congress and the working offices of the Standing Committee may organize a post-legislative evaluation of the relevant local laws and regulations of this Municipality. The assessment shall be reported to the Standing Committee. "
One paragraph is added as the second paragraph: "The Standing Committee may, according to needs, organize law enforcement inspections on relevant local regulations of this Municipality, understand the implementation of local regulations, and put forward opinions on improving local regulations."
37. One article is added as Article 65: "When the Municipal People’s Congress and its Standing Committee make regulatory decisions, the relevant provisions of these Regulations shall apply."
Thirty-eight, three articles are added as sixty-eighth, sixty-ninth and seventieth:
"Article 68 The special committees and working bodies of the Standing Committee of the Municipal People’s Congress shall strengthen the legislative propaganda work, release legislative information, introduce the legislative situation and respond to social concerns through various forms.
"The Municipal People’s Government and its relevant departments shall strengthen the publicity and training of local regulations and improve the implementation effect of local regulations.
"Article 69
The Standing Committee of the Municipal People’s Congress shall, according to actual needs, set up contact points for grassroots legislation. The formulation of legislative plans, annual legislative plans, the drafting and revision of local laws and regulations, etc., can listen to the opinions of grassroots people and relevant parties through grassroots legislative contact points.
"The Standing Committee of the Municipal People’s Congress shall strengthen the construction of grassroots legislative contact points and provide guidance and support for the work of grassroots legislative contact points.
"The unit where the Standing Committee of the District People’s Congress and the contact point of grass-roots legislation are located shall improve the ability of the contact point of grass-roots legislation to perform their duties and provide necessary guarantee for the operation of the contact point of grass-roots legislation.
"Article 70
The Standing Committee of the Municipal People’s Congress employs legal professionals as legal assistants according to actual needs, and provides legal advice for members of the Standing Committee to consider local laws and regulations and participate in legislative research and demonstration.
"The legal affairs office of the Standing Committee shall strengthen the training, management and assessment of legal assistants and provide guidance and support for legal assistants to carry out their work."
Thirty-nine, make the following amendments to some provisions:
(1) Amend "Chapter II Legislative Planning and Compilation of Legislative Plan" to "Chapter II Legislative Planning and Compilation of Annual Legislative Plan" and "Chapter VII Interpretation, Revision and Abolition of Local Regulations" to "Chapter VII Interpretation, Revision, Abolition and Clearing of Local Regulations".
(2) In Article 2, "interpretation" is added after "repeal", and "and" is changed to "and".
(3) Amend the legal affairs office of the Standing Committee in the first paragraph of Article 8 to the legal affairs office of the Standing Committee of the Municipal People’s Congress, and all state organs, political parties and people’s organizations in the second paragraph to state organs, social organizations, enterprises, institutions and other organizations to enterprises and institutions, and the Standing Committee to the Municipal People’s Representative.
(4) Amend the "organ with the right to propose local regulations" in the first paragraph of Article 9 to "organ with the right to propose local regulations", and the "proposal of local legislative plan" in the second paragraph to "proposal of legislative plan".
(five) in the first paragraph of article fourteenth, before the "presidium", add "when the meeting is held".
(six) the "explanation" in the first paragraph of article fifteenth is changed to "explanation".
(seven) the "review" in the second paragraph of article nineteenth is amended as "review of local regulations".
(eight) the "executive meeting of the Municipal People’s Government" in the twentieth article is amended as the "executive meeting or plenary meeting of the Municipal People’s Government".
(9) After the word "draft" in the first paragraph of Article 22, add the words "and its explanations and necessary reference materials", and modify the words "investigation and study" in the second paragraph as "investigation" and "may request the relevant working bodies of the Standing Committee" as "may request the relevant special committees or the relevant working bodies of the Standing Committee".
(10) In Article 25, "there are differences on major issues in the deliberation of local regulations" is amended as "there are differences on major issues in the deliberation of local regulations", and "there are differences on major specialized issues" is added.
(eleven) twenty-sixth in the "case of local regulations under consideration" is amended as "case of local regulations under consideration".
(twelve) the "shall" in the first paragraph of article thirty-first shall be changed to "may", and the "representatives of the people’s congresses" in the second paragraph shall be changed to "representatives of the Municipal People’s Congress".
(thirteen) in the second paragraph of Article 32, "the relevant special committees of the Municipal People’s Congress or the relevant working bodies of the Standing Committee" is amended as "the relevant special committees or the relevant working bodies of the Standing Committee", and "and" is added before "according to the requirements of the group".
(fourteen) in the fourth paragraph of article thirty-fourth, after the "relevant departments", the "contact point of grassroots legislation" is added.
(fifteen) the "drafting instructions" in article thirty-fifth shall be changed to "instructions", and "the situation of soliciting opinions shall be notified to the society" shall be added at the end of this article.
(sixteen) the "report on the results of deliberation" in article thirty-sixth is amended as "report on the results of deliberation".
(XVII) Amend the phrase "you can decide to submit important clauses with great differences in individual opinions to the Standing Committee for a separate vote" in the second paragraph of Article 38 to read "you can decide to submit important clauses with great differences in individual opinions to the meeting of the Standing Committee for a separate vote".
(eighteen) delete the "submitted for approval" in article forty-third, and add "with reference materials such as legislative basis comparison table" at the end of this article.
(nineteen) the "local regulations" in article forty-ninth shall be amended as "local regulations".
(twenty) in the second paragraph of article fifty-sixth, "the relevant special committees and local regulations related to the work of the organization" is amended as "the relevant special committees and standing committees related to the work of the organization".
(twenty-one) the fifty-eighth "shall explain the situation to the Standing Committee" is amended as "shall explain the situation in writing to the Standing Committee of the Municipal People’s Congress within ten days after the expiration of the time limit".
(twenty-two) the fifty-ninth in the "local regulations" to "local regulations", "Standing Committee" to "the Standing Committee of the Municipal People’s Congress".
(23) Amend "relevant special committees" in the first paragraph of Article 11, the second and third paragraphs of Article 18, Article 19, Article 31 and Article 34 to "relevant special committees" and "relevant working organs of the Standing Committee" to "relevant working organs of the Standing Committee", and amend "relevant special committees" in Article 15 to "relevant special committees".
This decision shall come into force as of the date of promulgation.
The "Regulations of Sanya Municipality on Formulating Local Laws and Regulations" shall be revised according to this decision, and the order of the provisions shall be adjusted accordingly and re-promulgated.
Sanya formulated local laws and regulations.
(The second meeting of the Seventh Sanya Municipal People’s Congress on January 20, 2017 was approved by the 27th meeting of the Standing Committee of the Fifth Hainan Provincial People’s Congress on March 29, 2017.
According to the 17th meeting of the Standing Committee of the Seventh Hainan Provincial People’s Congress on April 1, 2025, the Decision of Sanya Municipal People’s Congress on Amending the Local Regulations of Sanya Municipality was revised)
Catalogue
Chapter I General Principles
Chapter II Legislative Planning and Compilation of Annual Legislative Plan
Chapter III Drafting of Local Regulations
Chapter IV Proposal of Local Regulations
The first section to the Municipal People’s Congress proposed local regulations.
The second section to the Standing Committee of the Municipal People’s Congress proposed local regulations.
Chapter V Deliberation and Voting on Local Regulations
Section 1 The Municipal People’s Congress deliberates and votes on local regulations.
Section 2 The Standing Committee of the Municipal People’s Congress deliberates and votes on local regulations.
Chapter VI Approval and Publication of Local Regulations
Chapter VII Interpretation, Amendment, Abolition and Clearing of Local Regulations
Chapter VIII Other Provisions
Chapter IX Supplementary Provisions
Chapter I General Principles
the first
In order to standardize the city’s activities of formulating local laws and regulations, improve legislative procedures, improve the quality of legislation, give play to the leading and promoting role of legislation, comprehensively promote the rule of law in the city, and build Sanya under the rule of law, these Regulations are formulated in accordance with the Organic Law of People’s Republic of China (PRC) Local People’s Congresses and Local People’s Governments at All Levels, the Legislative Law of People’s Republic of China (PRC), the Regulations on Formulating and Approving Local Laws and Regulations in Hainan Province and other relevant laws and regulations.
the second These Regulations shall apply to the formulation, amendment, repeal and interpretation of local regulations and other related legislative activities by the Municipal People’s Congress and its Standing Committee.
Article
The formulation of local laws and regulations should adhere to the leadership of the Communist Party of China (CPC), adhere to the guidance of Marxism–Leninism, Mao Zedong Thought, Deng Xiaoping Theory, Theory of Three Represents, Scientific Outlook on Development and the supreme leader Socialism with Chinese characteristics Thought in the new era, adhere to economic construction as the center, adhere to reform and opening up, implement the new development concept, and ensure the accelerated construction of Hainan Free Trade Port as a benchmark city on the track of the rule of law.
Article 4
The formulation of local laws and regulations shall conform to the provisions, principles and spirit of the Constitution, in accordance with the statutory authority and procedures, and proceed from the overall interests of the country, and safeguard the unity, dignity and authority of the socialist legal system. The provisions of local laws and regulations shall not conflict with the upper law.
The formulation of local laws and regulations should advocate and carry forward the socialist core values, adhere to the combination of rule of law and rule of virtue, build a solid sense of the Chinese nation community, and promote the construction of socialist spiritual civilization.
The formulation of local laws and regulations should meet the needs of reform, adhere to the unity of promoting reform under the rule of law and improving the rule of law in the reform, guide, promote, standardize and guarantee relevant reforms, and give play to the important role of the rule of law in the modernization of the city’s governance system and governance capacity.
Article 5 The formulation of local laws and regulations should adhere to and develop people’s democracy throughout the process, respect and safeguard human rights, and safeguard and promote social fairness and justice.
The formulation of local laws and regulations should reflect the will of the people, carry forward socialist democracy, adhere to the openness of legislation, improve the mechanism for deputies to the people’s congresses to participate in legislation, promote legislative consultation, and ensure the people to participate in legislative activities through various channels.
The Standing Committee of the Municipal People’s Congress shall establish a normalized working mechanism, carry out legislative consultation in written form, meeting and entrustment, and give timely feedback on the adoption of opinions and suggestions.
Article 6
The formulation of local laws and regulations should proceed from reality, meet the requirements of comprehensively deepening reform and opening up and building a benchmark city of Hainan Free Trade Port, scientifically and reasonably stipulate the rights and obligations of citizens, legal persons and other organizations, and the powers and responsibilities of state organs, and reflect local characteristics.
The formulation of local laws and regulations should enrich the legislative forms, and the prescribed contents should be clear, specific, targeted and enforceable. The contents that have been clearly stipulated in laws, administrative regulations, provincial local regulations of this province or other local regulations of this Municipality are generally not repeated, and appropriate legislative styles should be selected according to the contents.
Article 7
The Municipal People’s Congress and its Standing Committee shall adhere to scientific legislation, democratic legislation and legislation according to law, and enhance the systematicness, integrity, synergy and timeliness of legislation through various forms such as formulating, amending, abolishing and interpreting laws and regulations, and give play to the implementing, supplementary and exploratory role of local laws and regulations.
Article 8
The Municipal People’s Congress and its Standing Committee may formulate local regulations on urban and rural construction and management, ecological civilization construction, historical and cultural protection, grass-roots governance and other matters according to the specific conditions and actual needs of this Municipality, on the premise that different constitutions, laws, administrative regulations and local regulations at the provincial level are in conflict with each other. If there are other provisions in the law on the formulation of local regulations for cities divided into districts, those provisions shall prevail.
Article 9 The following matters shall be formulated by the Municipal People’s Congress:
(a) matters stipulated by law by the Municipal People’s Congress to formulate local regulations;
(two) the legislative system of the Municipal People’s Congress and its Standing Committee;
(3) Particularly important matters in this Municipality;
(four) matters that the Municipal People’s Congress considers that local regulations should be formulated by it.
The Standing Committee of the Municipal People’s Congress shall formulate other local regulations within the scope of its functions and powers except those that shall be formulated by the Municipal People’s Congress; When the Municipal People’s Congress is not in session, local regulations formulated by the Municipal People’s Congress may be partially supplemented and revised, but they shall not contravene the basic principles of the local regulations.
Article 10
Local regulations should be formulated, but the conditions are not yet ripe. Due to the urgent need of administrative management, local government regulations can be formulated first. Before the establishment of regulations, the Municipal People’s Government shall solicit the opinions of the Standing Committee of the Municipal People’s Congress; After the adoption of the regulations, it shall be specially explained when it is submitted to the Standing Committee of the Municipal People’s Congress for the record.
Where the administrative measures stipulated in the preceding paragraph need to be continued after the implementation of the regulations for two years, the Municipal People’s Government shall promptly submit them to the Municipal People’s Congress or its Standing Committee for the formulation of local regulations. Before the implementation of local regulations, the administrative measures can continue to be implemented.
Article 11
The Municipal People’s Congress and its Standing Committee may, according to the needs of reform and development, decide to authorize the temporary adjustment or temporary suspension of the application of some provisions of the local regulations of this Municipality within the prescribed time limit and scope, and report them to the Standing Committee of the Provincial People’s Congress for approval in accordance with the relevant provisions of this Ordinance, and the Standing Committee of the Municipal People’s Congress will issue an announcement to be published.
Temporary adjustment or temporary suspension of the application of some of the provisions of the local regulations of this Municipality, which has been proved feasible by practice, shall be revised by the Municipal People’s Congress and its Standing Committee in a timely manner; If the conditions for amendment are not yet ripe, the period of authorization may be extended, or the relevant local regulations of this Municipality may be resumed. The extension of the authorization period shall be submitted to the Standing Committee of the provincial people’s Congress for approval.
Article 12 The Municipal People’s Congress and its Standing Committee shall strengthen the organization and coordination of legislative work and play a leading role in legislative work.
The Standing Committee of the Municipal People’s Congress and the Municipal People’s Government shall establish a legislative communication and coordination mechanism, strengthen the overall coordination of legislative plans, annual legislative plans, major systems of laws and regulations and the progress of legislative work, and coordinate and solve important problems.
Included in the annual legislative plan and submitted for deliberation by the Municipal People’s government, local regulations can set up a special class for legislative work, which is responsible for coordinating the drafting, revision, review and deliberation of draft local regulations, and improving the quality and efficiency of legislation.
Article 13
The Municipal People’s Congress and its Standing Committee may, according to the needs of coordinated regional development, work together with the people’s congresses and their standing committees of relevant autonomous counties in Sanya Economic Circle and other cities and autonomous counties with districts to formulate local regulations and separate regulations, and implement them within their respective administrative areas or relevant regions.
To carry out regional cooperative legislation, we should establish and improve the working mechanism, focus on the key areas and key links of regional high-quality integrated development, and strengthen communication and cooperation in the preparation of legislative plans, annual legislative plans, drafting, demonstration, publicity, implementation, revision, cleaning, law enforcement inspection and post-legislative evaluation of local laws and regulations.
Chapter II Legislative Planning and Compilation of Annual Legislative Plan
Article 14 The Standing Committee of the Municipal People’s Congress strengthens the overall arrangement of legislative work through legislative plans and annual legislative plans.
When making legislative plans and annual legislative plans, we should carefully study the motions and suggestions of deputies to the people’s congresses, solicit opinions extensively, scientifically demonstrate and evaluate them, and determine legislative items according to the specific conditions and actual needs of this Municipality and the requirements of strengthening legislation in key areas, emerging areas and foreign-related fields.
The preparation of legislative plans and annual legislative plans shall be coordinated with the legislative plans and legislative plans of the Standing Committee of the Provincial People’s Congress, and the opinions of the legal affairs office of the Standing Committee of the Provincial People’s Congress shall be solicited.
The legislative plan and the annual legislative plan shall be announced to the public by the meeting of directors of the Standing Committee of the Municipal People’s Congress (hereinafter referred to as the meeting of directors) and sent to the legal affairs office of the Standing Committee of the Provincial People’s Congress in a timely manner.
Article 15
Legislative planning projects are divided into deliberation projects and research projects. The project under consideration refers to the project that is mature and will be submitted for consideration during the term of office; Research projects refer to projects that need to be worked hard and submitted for consideration when conditions are ripe.
The annual legislative plan projects are divided into deliberation projects, preparatory deliberation projects and key research projects. When considering the project, the drafting unit, the sponsor and the time for proposing the local regulations shall be clearly defined; The drafting unit shall be clearly defined for the preliminary consideration project, and the draft regulations can be adjusted to the consideration project if they are mature; Key research projects should be clear about the responsible units.
Article 16
The legal affairs office of the Standing Committee of the Municipal People’s Congress shall solicit suggestions for legislative projects from the representatives of the Municipal People’s Congress and relevant units, and publicly solicit suggestions for legislative projects from the society through newspapers, internet and other media.
State organs, social organizations, enterprises, institutions and citizens may put forward suggestions to the Standing Committee of the Municipal People’s Congress on formulating, amending or abolishing local regulations. The proposal to formulate, amend or abolish local regulations shall explain the reasons.
Article 17 The organ with the right to propose local laws and regulations shall promptly put forward suggestions on legislative planning projects after the general election of the Municipal People’s Congress, and put forward suggestions on legislative planning projects for the next year in the fourth quarter of each year.
Proposals for legislative projects shall be submitted, including proposals for legislative projects, proposals for draft regulations, and demonstration reports for legislative projects.
Article 18
The legal affairs office of the Standing Committee of the Municipal People’s Congress shall comprehensively coordinate, study and demonstrate the legislative suggestions and opinions put forward by all parties, and put forward the draft legislative plan and the draft annual legislative plan. Projects included in the legislative plan and the annual legislative plan shall be demonstrated.
Article 19
The relevant special committees of the Municipal People’s Congress, the relevant working bodies of the Standing Committee, the Municipal People’s Government and its relevant departments shall seriously organize the implementation of the legislative plan and the annual legislative plan. The legal affairs office of the Standing Committee of the Municipal People’s Congress shall supervise the implementation of the legislative plan and the annual legislative plan.
The legislative plan and the annual legislative plan need to be partially adjusted in the implementation process, and the legal affairs office of the Standing Committee of the Municipal People’s Congress shall put forward adjustment opinions, report them to the meeting of directors for decision, and send them to the legal affairs office of the Standing Committee of the Provincial People’s Congress in time.
If the annual legislative plan is not submitted for deliberation on time, the sponsor shall report to the meeting of directors and explain the situation.
Chapter III Drafting of Local Regulations
Article 20 The relevant departments and units shall, in accordance with the annual legislative plan, do a good job in drafting the draft local regulations.
Where the relevant departments and other units of the Municipal People’s Government are responsible for drafting the draft local regulations, the relevant special committees of the Municipal People’s Congress and the relevant working bodies of the Standing Committee shall intervene in the drafting work in advance according to the division of responsibilities, and strengthen the tracking, supervision, guidance and coordination of the drafting work.
A comprehensive, overall and basic draft of important local regulations may be drafted by the relevant special committees of the Municipal People’s Congress or the relevant working bodies of the Standing Committee.
The draft local regulations with strong professionalism can attract experts from relevant fields to participate in the drafting work, or entrust relevant experts, teaching and scientific research units and social organizations to draft them.
Other state organs, social organizations, enterprises, institutions and citizens may put forward proposals for the draft local regulations to the organs with the right to propose local regulations and the relevant working bodies of the Standing Committee.
Article 21 The drafting of local laws and regulations should be thoroughly investigated and opinions from all sides should be widely listened to. Listening to opinions can take the form of seminars, demonstration meetings, hearings, written consultations and online consultations.
The drafting unit shall consult the opinions of relevant social groups, enterprises, institutions and public representatives on the draft local regulations involving the vital interests of the majority of citizens; The drafting unit shall listen to the opinions of relevant scientific research institutions, experts and scholars on the draft local regulations involving special technology or other strong professionalism; The drafting unit shall solicit the opinions of the relevant departments on the draft local regulations involving multiple administrative departments. The situation of soliciting opinions should be given feedback.
When different departments of the Municipal People’s Government have different opinions on the draft local regulations, the Municipal People’s Government shall coordinate and make a decision.
Chapter IV Proposal of Local Regulations
The first section to the Municipal People’s Congress proposed local regulations.
Article 22 When the Municipal People’s Congress is in session, the Presidium may submit a bill of local regulations to the Municipal People’s Congress for deliberation.
The Standing Committee of the Municipal People’s Congress, the Municipal People’s Government, and the special committees of the Municipal People’s Congress may propose local regulations to the Municipal People’s Congress, which shall be decided by the presidium to be included in the agenda of the meeting of the Municipal People’s Congress (hereinafter referred to as the agenda of the conference).
Article 23
A delegation or a group of ten or more deputies to the Municipal People’s Congress may submit a bill of local regulations to the Municipal People’s Congress, and the presidium shall decide whether to put it on the agenda of the conference, or submit it to the relevant special committee for deliberation and put forward opinions on whether to put it on the agenda of the conference, and then the presidium shall decide whether to put it on the agenda of the conference. If it is included in the agenda, the head of the delegation or a joint representative shall recommend one person to explain it to the plenary meeting of the General Assembly. If it is not included in the agenda, it shall be explained to the sponsor.
The relevant special committees may invite the sponsors to attend the meeting as nonvoting delegates and express their opinions when deliberating local regulations.
Article 24
The Standing Committee decided to submit the local regulations to the meeting of the Municipal People’s Congress for deliberation, and shall send the draft local regulations and their explanations and necessary reference materials to the delegates one month before the meeting, and may organize the delegates to study and discuss them in a timely manner to solicit their opinions.
Representatives shall listen to the opinions and suggestions of the people, participate in the unified organization of research, study and discussion activities, study the local regulations, and prepare for deliberation.
The second section to the Standing Committee of the Municipal People’s Congress proposed local regulations.
Article 25
Local legislation that should be considered by the Municipal People’s Congress may be submitted to the Standing Committee when the Municipal People’s Congress is not in session. After deliberation by the meeting of the Standing Committee in accordance with the relevant procedures stipulated in these Regulations, it is decided to submit it to the Municipal People’s Congress for deliberation, and the Standing Committee or the sponsor will explain it to the plenary meeting of the General Assembly.
The Standing Committee shall, in accordance with the provisions of the preceding paragraph, solicit the opinions of the representatives of the Municipal People’s Congress through various forms and give feedback on the relevant situation; The special committees and the working bodies of the Standing Committee may invite representatives of the relevant Municipal People’s Congress to participate in the legislative investigation.
Article 26 The meeting of directors may put forward local regulations to the Standing Committee for deliberation at the meeting of the Standing Committee.
The Municipal People’s Government may propose a local legislation to the Standing Committee, and the meeting of directors shall decide to put it on the agenda of the meeting of the Standing Committee, or submit it to the relevant special committee for deliberation or the relevant working body of the Standing Committee for review and report, and then decide to put it on the agenda of the meeting of the Standing Committee.
The special committees may put forward local regulations to the Standing Committee, which shall be decided by the meeting of directors to be included in the agenda of the meeting of the Standing Committee, or they shall submit their opinions to the relevant special committees before deciding to be included in the agenda of the meeting of the Standing Committee.
Article 27
Five or more members of the Standing Committee may jointly submit a bill of local regulations to the Standing Committee, and the meeting of directors shall decide whether to put it on the agenda of the meeting of the Standing Committee, or submit it to the relevant special committee for deliberation or the relevant working body of the Standing Committee for review and report, and then decide whether to put it on the agenda of the meeting of the Standing Committee. If it is not included in the agenda of the meeting of the Standing Committee, it shall report to the meeting of the Standing Committee or explain to the sponsor.
When the relevant special committee deliberates or the relevant working bodies of the Standing Committee review the local regulations, it may invite the sponsors to attend the meeting as nonvoting delegates and express their opinions.
Article 28
The local regulations submitted to the Standing Committee for deliberation shall be submitted by the meeting of directors and shall be examined and approved by the meeting of directors; Belong to the Municipal People’s government, it shall be examined and approved by the executive meeting or plenary meeting of the Municipal People’s government; If it is proposed by a special committee, it shall be examined and approved by the special committee; It shall be jointly signed by five or more members of the Standing Committee.
Article 29 If the meeting of directors thinks that there are major problems in the local regulations that need further study and revision, it may suggest that the sponsor revise and improve them before submitting them to the Standing Committee.
Article 30
Included in the agenda of the meeting of the Standing Committee of the local regulations, except in special circumstances, the office of the Standing Committee shall, seven days before the meeting, send the draft local regulations and their explanations and necessary reference materials to the members of the Standing Committee.
The members of the Standing Committee may conduct research and demonstration on important issues related to local laws and regulations jointly by individuals or several people. When necessary, the relevant special committees or relevant working bodies of the Standing Committee may be requested to provide assistance.
Chapter V Deliberation and Voting on Local Regulations
Section 1 The Municipal People’s Congress deliberates and votes on local regulations.
Article 31 The local regulations included in the agenda of the General Assembly shall be considered by the delegations after the plenary session of the General Assembly has heard the explanation of the local regulations.
When the delegations are deliberating the local regulations, the sponsors shall send people to listen to their opinions and answer questions; According to the requirements of the delegation, the relevant organs and organizations should send people to introduce the situation.
The relevant special committees may consider the local laws and regulations included in the agenda of the General Assembly, put forward deliberation opinions to the presidium, and print and distribute the meeting.
Article 32
The Legislative Affairs Committee of the Municipal People’s Congress (hereinafter referred to as the Legislative Affairs Committee) shall, according to the deliberation opinions of the delegations and the relevant special committees, make a unified deliberation on the local regulations, submit a report on the deliberation results and a voting draft to the presidium, and issue it to the presidium for deliberation and adoption. The Legal Committee shall explain the important different opinions in the report of the deliberation results.
Article 33
Where there are different opinions on major issues in the deliberation of local regulations, the executive chairman of the presidium may convene a meeting of heads of delegations to listen to the deliberation opinions of delegations and discuss them, and report the discussion and opinions to the presidium; If there are differences of opinion on major specialized issues, the executive chairman of the presidium may convene representatives elected by delegations to discuss and report the discussion and opinions to the presidium.
Article 34
If there are major issues in the deliberation of local regulations that need further study, upon the proposal of the presidium, it shall be decided by the plenary session of the General Assembly, and the Standing Committee may be authorized to further consider and make a decision according to the opinions of the deputies, and report the decision to the next meeting of the Municipal People’s Congress, or propose a revised plan and submit it to the next meeting of the Municipal People’s Congress for deliberation.
Article 35 The voting version of the draft local regulations shall be submitted by the presidium to the plenary session of the General Assembly for voting, and shall be adopted by more than half of all the deputies.
Section 2 The Standing Committee of the Municipal People’s Congress deliberates and votes on local regulations.
Article 36
Local regulations included in the agenda of the meeting of the Standing Committee are generally considered by two meetings before being put to the vote; Local regulations that are relatively simple, partially revised or abolished, and the opinions of all parties are relatively consistent, or in case of emergency, can also be put to the vote after deliberation at a meeting.
After deliberation at the two meetings of the Standing Committee, if there are still major issues that need further study, the meeting of directors may decide not to put them to the vote for the time being and submit them to the Legal Affairs Committee for further deliberation and revision, and the meeting of directors shall decide to submit them to the meeting of the Standing Committee for reconsideration.
Article 37
When the meeting of the Standing Committee deliberates the local regulations for the first time, the sponsor shall explain it to the plenary session. If the sponsor is a joint name of five or more members of the Standing Committee, one person shall be elected for explanation; Where the relevant working bodies of the Standing Committee draft local laws and regulations, the working bodies shall be entrusted by the meeting of directors to explain to the plenary meeting.
When the meeting of the Standing Committee deliberates the case of local regulations for the second time, the Legal Affairs Committee shall report the deliberation results to the plenary session and put forward the revised draft of local regulations.
When the meeting of the Standing Committee deliberates the local regulations, it shall invite the representatives of the relevant Municipal People’s Congress to attend the meeting as nonvoting delegates.
Article 38 The relevant special committees and the relevant working bodies of the Standing Committee may deliberate or examine the local regulations related to their duties, and put forward opinions on deliberation and examination, which shall be printed and distributed to the meeting of the Standing Committee.
When the relevant special committees and the relevant working bodies of the Standing Committee consider or review local regulations, they may invite members of other special committees or relevant working bodies of the Standing Committee, representatives of the Municipal People’s Congress and experts to attend the meeting as nonvoting delegates and express their opinions.
Article 39
When the meeting of the Standing Committee deliberates a local regulation bill, it may be deliberated in groups, or a joint group meeting or plenary meeting may be convened for deliberation as required. When necessary, the main issues of local regulations can be debated.
When the meeting of the Standing Committee deliberates a local regulation bill in groups, the sponsor, the relevant special committee or the relevant working body of the Standing Committee shall send people to listen to opinions, answer inquiries, and send people to introduce the situation according to the requirements of the group.
Article 40
Included in the agenda of the meeting of the Standing Committee of the local regulations, by the Legal Affairs Committee according to the members of the Standing Committee, the relevant special committees or the relevant working bodies of the Standing Committee of the deliberation, review opinions and opinions put forward by all parties, unified deliberation, put forward a report on the deliberation results and a revised draft of the local regulations, the important different opinions should be explained in the report on the deliberation results.
If the Legal Committee fails to adopt the important deliberation and review opinions of the relevant special committees or relevant working bodies of the Standing Committee, it shall give feedback to the relevant special committees or relevant working bodies of the Standing Committee. If the Legal Affairs Committee disagrees with the relevant special committees or relevant working bodies of the Standing Committee on important issues of local regulations, it shall report to the meeting of directors.
When deliberating a local regulation bill, the Legal Affairs Committee shall convene a plenary meeting for deliberation, and invite members of relevant special committees and relevant working bodies of the Standing Committee to attend the meeting as nonvoting delegates and express their opinions. When necessary, the responsible persons of relevant organs and organizations may be required to attend the meeting to explain the situation.
Article 41
The Legal Affairs Committee, the relevant special committees and the relevant working bodies of the Standing Committee shall listen to the opinions of all parties when deliberating and reviewing local regulations. Listening to opinions can take various forms such as symposiums, hearings and argumentation meetings.
If the relevant issues of local laws and regulations are highly professional and need to be evaluated, a demonstration meeting shall be held to listen to the opinions of relevant experts, departments and representatives of the Municipal People’s Congress. The demonstration shall be reported to the Standing Committee.
Where there are major differences of opinion on issues related to local legislation or major adjustment of interests, and a hearing is needed, a hearing shall be held to listen to the opinions of relevant grassroots and group representatives, departments, people’s organizations, experts, representatives of the Municipal People’s Congress and relevant social parties. The hearing shall be reported to the Standing Committee.
The relevant working bodies of the Standing Committee shall send the draft local regulations to the representatives of the Municipal People’s Congress in related fields, the Standing Committee of the District People’s Congress, relevant departments, grassroots legislative contact points, organizations and experts for comments.
Article 42
Local regulations included in the agenda of the meeting of the Standing Committee shall be announced to the public for comments after the meeting of the Standing Committee, except that it is decided not to be announced by the meeting of directors. The time for soliciting opinions is generally not less than thirty days. The situation of soliciting opinions shall be notified to the society.
Article 43
To be submitted to the meeting of the Standing Committee for deliberation and adoption of local regulations, before the Legal Affairs Committee submits a report on the deliberation results, the legal affairs office of the Standing Committee can evaluate the feasibility of the main system norms in the draft local regulations, the timing of the promulgation of the regulations, the social effects of the implementation of the regulations and possible problems. The assessment shall be explained by the Legal Affairs Committee in the report on the review results.
Article 44
If the revised draft local regulations are considered by the meeting of the Standing Committee and the opinions are basically the same, the Legal Affairs Committee will make amendments according to the deliberation opinions of the members of the Standing Committee, and put forward a voting draft local regulations, which will be submitted to the plenary meeting of the Standing Committee for voting by the meeting of directors and passed by more than half of all the members of the Standing Committee.
Before the voting draft of local regulations is delivered to the plenary session of the Standing Committee for voting, the meeting of directors may decide to submit important clauses with great differences of individual opinions to the meeting of the Standing Committee for separate voting, and according to the situation of separate voting, it may decide to put the voting draft of local regulations to the vote, or it may decide not to vote for a while and submit it to the Legal Affairs Committee for further consideration.
Article 45 To amend the individual provisions of several local laws and regulations involving similar matters, and put forward a case of local laws and regulations together, the meeting of directors may decide to vote together or separately.
Article 46 If the Standing Committee considers that the deliberation of a local regulation case needs to be submitted to the Municipal People’s Congress for deliberation, it shall decide to submit it to the Municipal People’s Congress for deliberation.
Article 47
If a local regulation bill included in the agenda of the meeting of the Standing Committee has been shelved for two years due to great differences of opinion on major issues such as the necessity and feasibility of formulating the local regulation, or if it has not been put on the agenda of the meeting of the Standing Committee again after two years due to temporary non-voting, the meeting of directors may decide to terminate the deliberation and report to the Standing Committee; When necessary, the meeting of directors may also decide to postpone the deliberation.
Chapter VI Approval and Publication of Local Regulations
Article 48
Thirty days before the draft local regulations are submitted to the Municipal People’s Congress or the meeting of the Standing Committee for deliberation and adoption, they shall be sent to the legal affairs office of the Standing Committee of the Provincial People’s Congress for comments, and the legislative basis table and other reference materials shall be attached.
Article 49
Within 15 days from the date of adoption of local regulations, the Standing Committee of the Municipal People’s Congress shall submit a written report on the approval of local regulations, the text of local regulations, the explanation of the draft and necessary reference materials to the Standing Committee of the Provincial People’s Congress.
Where the Standing Committee of the Provincial People’s Congress approves the decision to amend local regulations, the Standing Committee of the Municipal People’s Congress shall make amendments in accordance with the approved decision.
Article 50 Local regulations shall clearly stipulate the date of implementation.
Unless it must be implemented immediately or requires a clear preparation period for implementation, the date of implementation of local regulations is generally the first day of the month after the expiration of 30 days from the date of approval of the regulations by the Standing Committee of the Provincial People’s Congress.
Article 51
The local regulations approved by the Standing Committee of the Provincial People’s Congress shall be published by the Standing Committee of the Municipal People’s Congress, and the text of the local regulations and the explanation of the draft and the report of the deliberation results shall be published in the bulletin of the Standing Committee of the Municipal People’s Congress, China People’s Congress Network, Hainan People’s Congress Network, Sanya People’s Congress Network and Sanya Daily in a timely manner. The text of local regulations published in the bulletin of the Standing Committee of the Municipal People’s Congress is the standard text.
The announcement of the promulgation of local regulations shall specify the enacting organ, approving organ and the date of adoption, approval and implementation of local regulations.
Chapter VII Interpretation, Amendment, Abolition and Clearing of Local Regulations
Article 52
The provisions of local regulations formulated by the Municipal People’s Congress and its Standing Committee need to be further clarified, or if new circumstances need to be clearly applied after implementation, the Standing Committee of the Municipal People’s Congress shall interpret them.
The interpretation of local regulations of the Standing Committee of the Municipal People’s Congress has the same effect as local regulations.
Article 53
The Municipal People’s Government, the Municipal Supervision Commission, the Municipal Intermediate People’s Court, the Municipal People’s Procuratorate, the Special Committee of the Municipal People’s Congress and the Standing Committee of the District People’s Congress may put forward requirements for the interpretation of local regulations to the Standing Committee of the Municipal People’s Congress.
The legal affairs office of the Standing Committee of the Municipal People’s Congress shall study and formulate the draft interpretation of local regulations, and the meeting of directors shall decide to submit it to the meeting of the Standing Committee for deliberation.
After the meeting of the Standing Committee of the Municipal People’s Congress deliberated the draft interpretation of local regulations, the Legal Affairs Committee deliberated and revised it according to the opinions of the members of the Standing Committee, and put forward a voting draft of the draft interpretation of local regulations.
The voting version of the draft interpretation of local regulations shall be submitted by the meeting of directors to the plenary session of the Standing Committee of the Municipal People’s Congress for voting, passed by more than half of all the members of the Standing Committee, and approved by the Standing Committee of the Provincial People’s Congress. The Standing Committee of the Municipal People’s Congress shall issue an announcement for publication.
Interpretation of local laws and regulations shall be submitted for the record in accordance with the relevant provisions of the state.
Article 54 The specific application of local regulations shall be explained by the Municipal People’s Government; Where there are other provisions in local regulations, such provisions shall prevail.
Article 55 The relevant provisions of this Ordinance on the procedures for formulating local regulations shall apply to the procedures for amending and abolishing local regulations, and shall be submitted to the Standing Committee of the provincial people’s Congress for approval.
Article 56 Where a local regulation is amended, a new local regulation text shall be published.
Where a local regulation is abolished, an announcement shall be made to announce it, except that it is abolished by other local regulations of this Municipality.
Article 57 In any of the following circumstances, the Standing Committee of the Municipal People’s Congress shall organize a clean-up according to the principle of maintaining the unity of the legal system and the needs of reform and development:
(a) the NPC Standing Committee, the State Council, the provincial people’s Congress Standing Committee or laws, administrative regulations, local regulations at the provincial level to clean up;
(two) due to laws, administrative regulations, local regulations at the provincial level in this province, it is necessary to clean up;
(three) does not meet the needs of economic and social development;
(four) other circumstances that need to be cleaned.
Chapter VIII Other Provisions
Article 58 The local regulations submitted to the Municipal People’s Congress and its Standing Committee shall have the right to be withdrawn before being included in the agenda of the meeting.
If the sponsor requests to withdraw a local legislative bill that has been put on the agenda of the General Assembly before it is put to the vote, he shall explain the reasons, and report to the General Assembly with the consent of the presidium, and the deliberation of the local legislative bill shall be terminated.
If the sponsor requests to withdraw a local regulation bill that is included in the agenda of the meeting of the Standing Committee before it is put to the vote, it shall explain the reasons, and report to the Standing Committee with the consent of the meeting of directors, and the deliberation of the local regulation bill shall be terminated.
Article 59
When proposing a case of local regulations, the text of the draft local regulations and their explanations shall be submitted at the same time, and necessary reference materials shall be provided. Where a local regulation is amended, a control text before and after the amendment shall also be submitted. The explanation of the draft local regulations shall include the necessity, feasibility, drafting process and main contents of formulating or amending local regulations, as well as the coordination and handling of major differences in the drafting process and the risk assessment of the draft; Where an administrative license, administrative compulsory measures or supplementary administrative punishment is to be set, it shall also include the necessity of setting, the possible impact and the situation of listening to and adopting opinions.
If the proposed local regulations do not meet the requirements specified in the preceding paragraph, they are generally not included in the agenda of the meeting of the current people’s congress or the Standing Committee.
Article 60
If the draft local regulations are inconsistent with the relevant provisions of other local regulations of this Municipality, the sponsor shall explain and put forward the handling opinions, and when necessary, propose a motion to amend or abolish the relevant provisions of other local regulations of this Municipality.
When the Legal Affairs Committee, relevant special committees and relevant working bodies of the Standing Committee consider or review local laws and regulations, if they think it is necessary to amend or abolish the relevant provisions of other local laws and regulations of this Municipality, they shall put forward opinions on handling them.
Article 61
If the sponsor considers it necessary to formulate a local regulation bill that has not been passed by the plenary session of the Municipal People’s Congress and its Standing Committee, it can be resubmitted in accordance with the procedures stipulated in these Regulations, and the presidium and the meeting of directors will decide whether to include it in the agenda of the meeting.
Article 62 The legal affairs office of the Standing Committee of the Municipal People’s Congress shall, within ten days from the date of promulgation of local regulations, send the relevant filing materials to the legal affairs office of the Standing Committee of the Provincial People’s Congress.
Article 63 After the implementation of local regulations, the department or unit in charge of the implementation of local regulations shall, in accordance with the provisions, report the annual implementation of local regulations to the Standing Committee of the Municipal People’s Congress in writing.
Article 64
The relevant special committees of the Municipal People’s Congress and the working offices of the Standing Committee may organize a post-legislative evaluation of the relevant local laws and regulations of this Municipality. The assessment shall be reported to the Standing Committee.
The Standing Committee may, according to needs, organize law enforcement inspections on relevant local regulations of this Municipality, understand the implementation of local regulations, and put forward opinions on improving local regulations.
Article 65 The Municipal People’s Congress and its Standing Committee make regulatory decisions, and the relevant provisions of these Regulations shall apply.
Article 66
Where the local laws and regulations explicitly require the relevant state organs to make supporting specific provisions on special matters, the relevant state organs shall make provisions within one year from the date of implementation of the local laws and regulations, and if there are other provisions in the local laws and regulations on the formulation period of supporting specific provisions, those provisions shall prevail. If the relevant state organs fail to make supporting specific provisions within the time limit, they shall give a written explanation to the Standing Committee of the Municipal People’s Congress within ten days after the expiration of the time limit.
Article 67 The legal affairs office of the Standing Committee of the Municipal People’s Congress may give a reply after studying the specific questions about local regulations of this Municipality, and report to the Standing Committee of the Municipal People’s Congress for the record.
Article 68 The working bodies of the special committees and the Standing Committee of the Municipal People’s Congress shall strengthen the legislative propaganda work, release legislative information, introduce legislation and respond to social concerns through various forms.
The Municipal People’s Government and its relevant departments shall strengthen the publicity and training of local regulations and improve the implementation effect of local regulations.
Article 69
The Standing Committee of the Municipal People’s Congress shall, according to actual needs, set up contact points for grassroots legislation. The formulation of legislative plans, annual legislative plans, the drafting and revision of local laws and regulations, etc., can listen to the opinions of grassroots people and relevant parties through grassroots legislative contact points.
The Standing Committee of the Municipal People’s Congress shall strengthen the construction of grassroots legislative contact points and provide guidance and support for the work of grassroots legislative contact points.
The unit where the Standing Committee of the District People’s Congress and the contact point of grass-roots legislation are located shall improve the ability of the contact point of grass-roots legislation to perform their duties and provide necessary guarantee for the operation of the contact point of grass-roots legislation.
Article 70
The Standing Committee of the Municipal People’s Congress employs legal professionals as legal assistants according to actual needs, and provides legal advice for members of the Standing Committee to consider local laws and regulations and participate in legislative research and demonstration.
The legal affairs office of the Standing Committee shall strengthen the training, management and assessment of legal assistants, and provide guidance and support for legal assistants to carry out their work.
Chapter IX Supplementary Provisions
Article 71 These Regulations shall come into force as of June 1, 2017.