Normative Documents Of The Ministry Of Agriculture Regulations

Original Language Title: 农业部规范性文件管理规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201203/20120300362030.shtml

Normative documents of the Ministry of Agriculture regulations

    (January 12, 2012 the Ministry of agriculture Decree [2012] released 1th February 15, 2012) Chapter I General provisions

    The first normative document management for the purpose of strengthening the Ministry of agriculture, ensure the quality of regulatory documents, in accordance with the opinions on strengthening the construction of Government governed by law of the State Council (guofa [2010]33), combined with the Department of agriculture working practice, these provisions are formulated.

Normative documents referred to in the provisions of article, refers to the Ministry of agriculture in carrying out its responsibilities, for the implementation of laws and administrative regulations, rules and documents developed under the State Council, is directly related to the rights and obligations of citizens, legal persons and other organizations, generally binding files and can be used repeatedly.

The following file is not part of normative documents:

(A) Ministry of Agriculture regulations;

(B) the file simply forwarded;

(C) Ministry of agriculture and the formulation of subordinate units, other State organs;

(D) the deployment and industrial development plan, plan of work;

(V) standards, procedures and technical documentation;

(F) specification of personnel, finance, Foreign Affairs, security, defence authorities in the internal affairs of the file;

(G) specific briefings and decisions on specific matters;

    (VIII) other circumstances that do not belong to the normative documents.

    Development of normative documents in article shall follow the principle of legal, scientific and public.

Fourth regulatory documents shall not be created to the following matters:

(A) administrative license;

(B) administrative penalties;

(C) administrative enforcement;

(D) administrative charges;

(E) the terms beyond agriculture;

(Vi) other or should be determined by the laws, administrative rules and regulations stipulated by the State Council.

    Regulatory documents shall not be illegal to increase obligation of citizens, legal persons and other organizations.

Article fifth normative documents to the Ministry of agriculture issued by notice.

    The Division and its subordinate institutions shall not themselves publish normative documents. Sixth Division are responsible for duties within the normative document draft, submitted and published. Office is responsible for the nuclear version of the normative documents.

    Industrial policy and regulation Department (hereinafter referred to as law Secretary) is responsible for the review of legality of normative documents, filing and organizing clean and together with the Inspectorate in the Ministry (hereinafter Inspectorate) of normative documents on the evaluation of system integrity.

    Chapter II preparation Seventh divisions can be separate or joint drafting of regulatory documents.

    Joint drafting of regulatory documents, should identify a lead director.

    Division for the eighth draft normative documents should be to solve the problem, proposed the establishment of primary system or major measures to be taken for research, on the necessity of development of normative documents, feasibility, demonstrate the legitimacy and integrity of the system.

Nineth normative document name you can use the "approach", "rule", "decisions" and "rules" or "rules", "opinions".

    Provisions of normative document content can be expressed, can also be expressed in paragraph form.

    Tenth draft normative documents, should be well-structured, comprehensive, standardized in form concise, clear, and accurate terms, words, meet the requirements of the State Council and the Ministry of agriculture document processing.

11th draft normative documents, shall adopt written comments, forums, feasibility study meeting, hearing and other forms to hear the views of relevant bodies, organizations and citizens.

    Regulatory documents related to other departments under the State Council duties or work closely with other departments of the State Council, or involved in the responsibilities of related departments shall seek the views of other departments or bureaus.

12th normative documents related to economic and social development and major policy decisions on issues of vital interests, drafting departments shall carry out social stability, the environment, economic and other aspects of risk assessment.

    Risk assessment can take public opinion tracking, sampling, analysis of key visits, conferences and other means, normative documents may cause a variety of synthesis of scientific prediction, risk analysis, identifying risks and developing risk mitigation preparedness. 13th Council considers draft normative documents of the Drafting Division mature, at the Department of agriculture Web site for public comment.

Public comment period shall not be less than 30th.

    Relating to trade in goods, trade in services, trade-related aspects of intellectual property protection of the draft regulatory documents shall be in accordance with the State Council on doing well the implementation of transparency provisions of China's accession to the World Trade Organization Protocol related works notice (State [2006]23) request for public comment with a copy to the Ministry of Commerce.

Drafted 14th Division Bureau according to the public consultation on draft regulatory documents after the modifications are complete, notes, and other related materials you send and the draft law Division for review.

Drafting instructions should include the following:

(A) the normative documents purpose, basis and the necessity, feasibility;

(B) drafting and coordination;

(C) to set up all aspects of the main systems, handling of main opinions adopted;

(D) the integrity of system assessment;

    (V) risk assessment results and other matters that require description.

    Chapter III examines

The 15th Secretary of politics and law from legal review of the draft normative documents in the following areas:

(A) compliance with the laws and administrative regulations, regulations and national policies;

(B) coordination, cohesion and other normative documents;

(C) whether the statutory procedures pursuant to the provisions in any jurisdiction;

(D) properly handle the relevant organs, organizations and citizens of the majority opinion.

    Division of politics and law in parallel with the review of legality, should be assessed in conjunction with the inspectorate system integrity of the organization.

    16th University Division, the Inspectorate in the review and evaluation process on the draft regulatory documents have different views, description, added the Bureau requested that the Drafting Division to provide relevant information, or the Secretary Council in conjunction with the drafting changes to the draft.

17th under any of the following circumstances, politics and law Division, the Inspectorate may suspend the review, assessment, and returned the bill drafting Division:

(A) violation of laws, administrative regulations and rules and national policies, beyond the terms of agriculture;

(B) normative documents according to legal, administrative rules and regulations or national guidelines and policies are in the process of enactment, amendment, repeal, and may be released in the near future;

(C) the contradiction between the relevant regulatory documents, is coordinating the process;

    (D) violation of the administrative regulations of the clean.

    18th draft normative documents of the review, assessment, prepared by the Drafting Division within the Department of sign, sign of political science and law Division, the Inspectorate and other relevant departments, Ministry for consideration.

    Fourth chapter releases, documentation and interpretation

19th upon by ministerial meeting consideration and adoption of normative documents, drafting Division shall prepare the Agriculture Department announcement, after it has been issued by the Office of the Ministry of nuclear, and to send, at the Department of agriculture bulletin, published on the website of the Ministry of agriculture, important regulatory documents shall also be published in the farmers journal.

    Relating to trade in goods, trade in services, trade-related aspects of intellectual property protection of normative documents, shall be sent to the Ministry of Commerce. 20th regulatory documents shall be implemented since the 30th, after the date of its publication.

    However, because of the need to protect national security, public interest or not implemented will affect the normative documents to implement immediately after the release, can come into force on the date of promulgation.

    21st drafting departments should be on regulatory documents published in the 15th, the official printed text published by three copies and electronic copies of sent Secretary of politics and law for the record.

22nd published normative documents to explain, by the Division of law Secretary in drafting comments, announced after the report issued by the Ministry.

    Interpretation of normative documents and normative documents have the same effect.

    Fifth chapter clean up, amendment and repeal Normative documents of the 23rd article attention once every two years.

Cleanup organized by the University Secretary, Council is in charge of the Drafting Division.

Drafting departments should be normative documents of legality, suitability assessment, coordination, and proposed to continue efficient, modification or repeal of clear views and reasons submitted to the Legal Division.

    Legal Division review the drafting proposed by the Secretary for clearing, formed after the public consultation results, upon by ministerial meeting to consider after the results published in a notice in the Ministry of agriculture.

    24th draft departments should track the implementation of normative documents, normative documents found in terms of validity, adaptability and coordination problems, it shall make recommendations for amendment or repeal.

    25th draft law, administrative regulations and Department of Agriculture regulations and regulatory documents, drafting the Secretary shall synchronize to clean up related normative documents, reservations, modify or repeal proposal.

    The sixth chapter supplementary articles

26th under any of the following circumstances the need for regulatory documents, drafting departments could direct the preparation of Department of agriculture announcement, law Division, the Inspectorate and other relevant departments will sign after the Ministry issued:

(A) for natural disaster response and disposal, agricultural product quality and safety, major agricultural production in animal and plant epidemics, accidents and other incidents related to agriculture;

(B) for the implementation of emergency orders and decisions of the State Council;

    (C) require immediate execution of interim management measures.

Issued on behalf of the Council of the 27th article of the State Council, or, provisions related to vital interests of citizens, legal persons and other organizations, need to be citizens, legal persons and other organizations to comply with or perform administrative measures of document drafting, review, reference to these provisions.

    Are part of the specific application of the agricultural laws, administrative regulations and the regulations of the Ministry of agriculture to explain, answer, designed and published in accordance with the legislative provisions on the work of the Ministry of agriculture. 28th article of the regulations come into force on February 15, 2012.