National Tourism Administration Regulations And Normative Documents Procedures

Original Language Title: 国家旅游局规章和规范性文件制定程序规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201109/20110900349577.shtml

National Tourism Administration Regulations and normative documents procedures

    (April 6, 2011 NTA 36th release come into force on the date of promulgation) Chapter I General provisions

    First develop procedures in order to standardize the tourism regulations and normative documents, promoting administration according to law, under the People's Republic of China Law of legislation and the regulatory procedure Ordinance and other relevant laws, administrative regulations, combined with the national tourism administration practice, these provisions are formulated.

Article regulations in these rules refers to tourism published in the form of an order involving administrative counterpart's right and duty, generally binding regulations, measures and implementation of rules, and so on.

    Standard documents in these rules refers to tourism development, standardizing administration, involving administrative counterpart's right and duty, generally binding and can be applied over decisions, regulations, bulletins, circulars, notices and methods.

Article III of the National Tourism Administration formulated or in conjunction with the relevant departments to jointly develop regulations and regulatory documents, these provisions shall apply.

Formulation of the following files, this provision shall not apply:

(A) does not involve administrative counterpart's right and obligation to work, work procedures, recognition awards, personnel appointment and removal, file forwarding and tourism administrative departments of internal affairs management;

(B) relate only to specific obligations of administrative counterpart's right to an administrative decision or approval;

(Iii) and implementation of tourism standards documents;

    (D) other rights of administrative relative person obligations, does not generally binding or not files can be applied repeatedly.

    Chapter II establishment

    Fourth Council argues the need to develop or amend rules, there should be sufficient research basis, indicating the necessity of developing or revising regulations, feasibility, and main problems to be resolved, the proposed establishment of the main system, as well as drafting body and drafting schedules and other content, in the project before October 31 each year.

    Article fifth tourism policy and regulation for the national tourism administration of the rule of law institutions (hereinafter "legal entity"), which is responsible for project review, preparation of draft annual regulatory plan, and drew attention to the Secretary Office for consideration.

    Sixth Council argues the need to develop or revise regulatory documents, normative documents to be developed should be drafted by the legal institutions and drafting a progress report for the record.

    Chapter drafting

    Seventh General rule drafted by the Council bodies responsible for the Organization of the legal system and other regulations, the drafting of normative documents by the Council bodies respectively in accordance with their respective functions and responsibilities.

Eighth under any of the following circumstances shall formulate regulations:

(A) to implement the upper law setting administrative license, the administrative punishments, administrative fees and compulsory administrative measures and other matters;

(B) the provisions of laws and administrative rules and regulations have not been needed for violation of administration order set a warning or a certain amount of fine.

    Regulations, shall not exceed the upper law sets the scope of the matters of administrative license for additional administrative license; upper law sets specific provisions regulating the conditions of administrative licensing shall not establish contravenes a law other conditions.

Nineth has one of the following situations, development of normative documents:

(A) the laws, administrative rules and regulations or by the normative documents on one aspect of the Administration has not made clear, or notwithstanding the provisions provisions but not specific, inconvenience operations;

(B) laws, administrative regulations and rules or by regulatory documents enacted regulatory documents.

    Normative documents may not be establishment of an administrative license, the administrative sanctions, administrative fees and compulsory administrative measures shall be determined by laws, administrative regulations, or the rules matter; no provisions of laws and administrative regulations, or the rules shall affect the citizens, legal persons and other organizations legal rights or increasing the obligations of citizens, legal persons and other organizations. Article tenth draft regulations and regulatory documents shall adopt written comments, forums, feasibility study meeting or hearing, hear the views of relevant bodies, organizations and citizens.

Take the form of hearings shall be in accordance with the regulatory procedure under the Ordinance.

    Regulations and regulatory documents deal directly with citizens, legal persons or other vital interests of the Organization and have a significant impact on the community should be adopted by the national tourism administration official site open to the public for comments.

11th regulations and regulatory documents related to other organs of the Council mandate, the drafting agencies should seek the views of relevant bodies. Relevant agencies shall cooperate with the drafting body, comments within the specified time frame.

    Overdue for failure to respond, as no disagreement.

    12th regulations and regulatory documents concerning the terms of reference of other ministries shall consult the relevant ministries need to seek the views of the legislative bodies, drafted by the rule of law institutions in conjunction with the agencies.

13th draft rule should be formed draft instructions for their preparation.

Draft general regulations should include the purpose of the rulemaking and the basis, scope, management, legal responsibilities, and the timing and so on concerning administrative license shall also include the implementation of administrative licensing procedures.

    Drafting instructions should include specifications of situations and existing problems, measures and laws and administrative regulations, for comments by handling and is intended to replace, modify the regulations or normative documents of name, number, term, and content note problems.

Upon completion of 14th regulations drafted, drafting body the following documents and material should be sent for legal review:

(A) the description of the draft and the draft text and electronic versions;

(B) the relevant laws, administrative regulations and legislation relating to decisions and orders of the State Council;

    (C) other relevant material, including the related responses, research reports, seminars, feasibility study meeting, hearing records or reports, relevant legislation, and more.

    Upon completion of 15th normative document drafted, submitted to or considered prior to the approval of legal drafting bodies should send Council review of legality.

    The fourth chapter reviews

16th Council legal agencies on the following draft regulations should be reviewed:

(A) compliance with the statutory authority established by the regulations and procedures;

(B) compliance with superordinate laws provisions;

(C) coordination with the relevant regulations and cohesion;

(D) is correct the views of relevant bodies, organizations and citizens;

(V) compliance with legislative requirements;

    (Vi) other matters requiring review.

Article 17th legal regulations draft should be main issues involved in consultation with interested bodies, organizations and citizens advice.

    Draft legal regulations of consultation with the other organs, the Agency shall, in accordance with the requirements of the second paragraph of this article 11th.

18th Council legal legality of normative documents on the following matters should be reviewed, and reviews:

(A) compliance with statutory authority and procedures;

(B) whether laws or administrative rules and regulations, parent conflict with a provision of normative documents;

    (C) It dovetailed with the national tourism administration of the existing normative documents.

19th draft regulations or normative documents of the structure or content of material defects or considerable controversy does not meet the requirements of this draft program, or the regulations annexed to the draft material is not complete, legal institution to stride or back-drafting body.

    Returned by stride or draft regulations or normative documents, amendments and supplements, in line with conditions of approval by the drafting agencies, can be sent again.

    20th Bureau rule institutions in conjunction with the drafting agencies to study, to modify the regulation draft, draft regulations on formation and description of the draft, and propose recommendations for meeting consideration of the Secretary.

    The fifth chapter review and publication 21st draft regulations considered by the Secretary Office.

After the adoption, by the rule of law institutions report to the Secretary of the Bureau signed a decree to be published.

    Consideration has not been adopted, drafted by legal agencies or institutions according to the deliberation process.

    22nd the National Tourism Administration jointly with other departments of the State Council regulations, sponsored by the national tourism administration, shall, after signing the national tourism administration, sent the relevant departments signed hosted by other departments under the State Council shall be subject to consideration by the National Tourism Administration Office after the adoption of, and signed by the national tourism administration.

23rd article published regulations of the order shall set forth the enactment organ, serial number, rule name, by date published, date of execution, agency heads sign and date of publication.

    The National Tourism Administration jointly with other departments of the State Council regulations, use the command sequence number of the host authorities.

24th important regulatory documents shall be submitted to the Secretary Office for consideration.

    Need to be submitted to the Secretary Office of regulatory documents, drafted by agency leaders to make recommendations.

    25th normative documents released by the National Tourism Administration signing or drafting body in charge of the leadership.

26th regulation should come into force after the 30th from the date of promulgation, but announced immediately after the execution will have a severe impact or impede regulatory purposes, can come into force on the date of promulgation.

    Normative documents come into force on the date of promulgation or determining purposes a certain period after the date of its promulgation.

    27th regulations and regulatory documents shall be released to the public through the official website of the national tourism administration; regulations should also be published in the the journal of China tourism.

    The sixth chapter records, interpretation, amendment and repeal

28th regulations shall be published in the 30th, by rule of law institutions in accordance with the Archivist filing of regulations and Ordinance legal institution under the State Council for the record.

    Regulatory documents shall be published in the 30th, to legal filings by the drafting body.

29th Council interpretation of rule of law institutions responsible for regulations.

Interpretation of the normative document, drafted by the original body, and legal validity.

    Interpretation of regulations, rules and regulatory documents regulatory documents have the same effect.

30th under any of the following circumstances, regulations and regulatory documents should be amended:

(A) the regulations and regulatory documents developed according to the amendment or repeal of the relevant provisions;

(B) are inconsistent with higher-level laws or by the provisions of normative documents;

(C) the administration or the Executive authority under changed;
(D) other circumstances that need to be modified.

Amendment of regulations and regulatory documents program, establish procedures in accordance with the regulations and regulatory documents.

31st regulations and regulatory documents have one of the following shall be repealed:

(A) lose the basis of regulations and regulatory documents;

(Ii) provisions have been completed, or circumstances change, no to continue the necessary;

(C) the main content has been replaced by new regulations and regulatory documents;

(D) the expiry of the period provided for the purposes of regulations and regulatory documents;

(E) other cases.

Recommendations of the repealed regulations and regulatory documents, drafted by the legal agencies or the Agency; the original drafting bodies shall be subject to legal review.

Proposed abolition of regulations and important normative documents, shall be subject to the Secretary Office for endorsement.

    Repealed Regulation should be published in the form of tourism; the abolition of regulatory documents, should be published in the form of NTA or normative documents.

    The seventh chapter by-laws

    32nd national tourism administration procedures for the drafting of draft laws and administrative regulations, reference to these provisions.

    33rd Standing Committee of the national people's Congress, the State Council and its departments on its formulation, drafting laws, administrative rules, regulations or normative documents consulted the national tourism administration, needs to seek the views of other organs of the Council bodies, related institutions should seriously study and is responsible for and in accordance with the requirements of the second paragraph of this article 11th time. 34th article of the regulations come into force on the date of promulgation.