Ministry Of Civil Affairs, Regulatory Document Development And Review Approach

Original Language Title: 民政部规范性文件制定与审查办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201109/20110900349572.shtml

Ministry of Civil Affairs, regulatory document development and review approach

    (June 10, 2011 the Ministry of Civil Affairs to 42nd, published since August 1, 2011) Chapter I General provisions

    First in order to comprehensively promoting administration according to law, strengthen the Ministry normative documents (hereinafter referred to as normative documents) to develop and review the work of management, in accordance with the relevant provisions, combined with Department practice, these measures are formulated.

    Second standard documents in these measures refers to regulations established by the Ministry of civil affairs other than involving administrative counterpart's right and duty, generally binding and can be repeated within the statutory time limit applicable files.

Article III the drafting of regulatory documents, review of legality, review, publish, explaining, clean up, amendment and repeal of work, these measures shall apply.

    Normative documents of record, pursuant to the relevant provisions of the State.

    Article fourth of normative documents, shall comply with the laws, administrative rules, regulations, and decisions and orders of the State Council provisions, should adhere to the principles of unity, effectiveness and accountability in public.

    Fifth General Office of the Ministry is responsible for regulatory documents management; business division of the Department (Bureau) is responsible for duties within the scope of the drafting of regulatory documents, cleanup work, and suggestions for interpretation, amendment and repeal of the normative documents; policy and regulations Division of the Department is responsible for the review of legality of normative documents, records, and so on.

    Chapter II preparation Article sixth of normative documents by the relevant Division (Bureau) responsible for drafting.

Involve multiple divisions within the Department (Bureau) operations, by the sponsoring Department (Bureau) is responsible for organizing related business division (Bureau) draft.

    Development of normative documents require prior agreement of the State Council, shall be submitted to the State Council for approval and then to the drafting.

Article seventh terms of normative documents can use form, can also be expressed in paragraph form.

    Standard file names can use "provisions", "way", "rule", "rule", "notice", "opinions", but may not use "regulation", "reply", "report".

Eighth draft normative documents, should be required by its content, clearly defined purpose in normative documents and the basis, scope, applicable subjects, measures, implementation date, and so on.

    Have a specific meaning or scope of the term should be defined in the normative documents, indicate a specific and precise meaning.

Nineth normative documents may not be set to the following matters:

(A) laws and administrative rules and regulations and inconsistent decisions and orders of the State Council;

(B) administrative sanctions, administrative license, the administrative approval, administrative enforcement, administrative and institutional charges, establishments and other matters shall not be established by the normative documents;

(C) an increase in the relative obligation or restriction of legal rights of administrative relative person;

    (D) beyond the matters within the competence of the Ministry of civil affairs functions.

Tenth draft normative documents, should listen to public opinion and social risk assessments. Listen to the society may be in written comments, forums, feasibility study meeting, hearing and other forms.

Involving public interests, normative documents or a high degree of social concern, should be open to the public for comment.

    Normative documents concerning the functions of other departments under the State Council shall consult the relevant departments.

    11th draft normative documents, need to repeal should be clearly stipulated in the existing normative documents or related provisions.

    Chapter III review of legality

Upon completion of 12th drafting normative documents, shall be reported in advance of their consideration, the Drafting Division (Bureau) normative document draft drafting instructions should be sent policies and regulation for legal review.

Drafting instructions should include the following:

(A) development of the necessity and feasibility of the file;

(B) on the basis of laws and administrative regulations, rules and related documents;

(C) the major problems to be resolved and the main measures taken;

(D) to seek advice, coordination of differences and social risk assessment;

    (V) other issues of note.

13th upon receipt of the normative document draft of the policy and regulations Division, General review comments shall, within 7 working days.

Legal review includes:

(A) compliance with the statutory powers and procedures;

(B) whether legal, administrative rules and regulations and inconsistent decisions and orders of the State Council;

(C) whether there are any normative content of a file may not be created;

(D) It dovetailed with the existing normative documents of Civil Affairs;

    (E) other matters requiring review.

14th upon examination no objection, policy and regulation should be made to legal review by the review.

    Normative documents draft from material defects or considerable controversy does not meet the requirements of this approach, policy and regulation review can not be made through the justification and basis.

    The fourth chapter review and publication

15th regulatory documents shall be submitted to the meeting of Ministers or ministerial meetings for consideration.

    Consideration of regulatory documents, by the Drafting Division (Bureau) description, review of the legality of the policy and regulations Division briefly.

16th after the adoption of a normative document, having been considered, by the Drafting Division (Council) formally issue, sent after signing of the policy and regulations Division, according to documents the program submitted to the Minister or delegate Ministers of other leading issue.

    Regulatory documents needed to other departments under the State Council to sign, or need to report to the State Council for approval, in accordance with the relevant regulations.

17th under any of the following circumstances, approved by the Minister can simplify the development process:

(A) in accordance with the law and administrative regulations authorize routine adjustment and release criteria;

(B) the implementation of urgent order, decision of the State Council, requires immediate formulation and implementation of normative documents;

(C) in order to respond to emergencies such as natural disasters and disposal, requiring immediate formulation and implementation of normative documents.

    In accordance with the provisions of the preceding paragraph to simplify procedures, drafting Department (Bureau) form a normative document draft, signing policies and regulations issued by the Secretary directly reports to the Minister.

    18th normative documents shall publish notice in the Ministry of Civil Affairs, approved by the Minister, or otherwise published.

    Article 19th normative documents come into force on the date of promulgation or determining purposes a certain period after the date of its promulgation.

    Fifth chapter explains, cleaning, amendment and repeal

Article 20th interpretation of normative documents, drafted by the former Secretary (Bureau) responsible for drafting the policy and regulation according to Department documents after signing the program approval issued by the Minister.

Regulatory documents explain the matter shall be submitted to the meeting of Ministers or ministerial meetings for consideration.

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

Article 21st cleaned regularly by the drafting of normative documents Division (Bureau), attention in accordance with the relevant provisions of the State Council deployed by the Department.

    Continue to be valid after the cleanup, revocation and invalidation of regulatory documents, shall be announced to the public.

    Articles 22nd amendment or repeal the normative documents, drafted by the former Secretary (Bureau) proposed, in accordance with normative documents development procedures. 23rd normative documents effective in General, the term shall not exceed 5 years.

Name as "provisional", "trial", the validity period is not more than 2 years.

    Normative documents after the expiry of the validity period, need to continue to implement should be cleaned before the expiry of the validity period, and to the public to continue effective regulatory documents.

    The sixth chapter supplementary articles 24th article this way as of August 1, 2011.