Circular Of The State Administration Of Quality Supervision, Inspection And Quarantine Of Normative Document Management

Original Language Title: 国家质量监督检验检疫总局规范性文件管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201007/20100700258994.shtml

Circular of the State administration of quality supervision, inspection and quarantine of normative document management

    (March 15, 2010 State General Administration of quality supervision, inspection and quarantine, the 125th reported as of May 1, 2010) Chapter I General provisions

    The first normative document for strengthening the State administration of quality supervision, inspection and quarantine (hereinafter referred to as normative documents) management, clear normative documents establish procedures to enhance the quality of regulatory documents, according to the People's Republic of China Law on legislation, State implementation outline for the holistic promotion of administration by law and other provisions, these measures are formulated.

    The second article of the normative document referred to, is the State administration of quality supervision, inspection and quarantine (hereinafter referred to as AQSIQ) for the implementation of laws and administrative regulations, rules and provisions of the State Council document, pursuant to statutory authority and procedures developed and published, relates to the relative rights and duties of man, generally binding and repeatedly applicable documents.

    Article III the drafting of regulatory documents, review of legality, decision, promulgation, interpretation, clear assessment and for the record, these measures shall apply.

    AQSIQ forwarded the original State Department documents, submitted to superiors for instructions or reports, system of internal management system, personnel decisions and other documents dealing with administrative rights and duties of man, these procedures do not apply. In accordance with the statutory powers and procedures developed standards, procedures and other technical specifications do not apply these measures. In accordance with the statutory terms of reference and procedures issued mandatory product certification list, method of directory administration directory, responses to specific questions on these procedures do not apply.

    But administrative relative person disagrees with the above documents and requirements of the proposed review of legality, legality and regulation can be carried out in accordance with the measures organizations for review.

    Fourth normative documents by the relevant departments in charge of drafting, regulatory Division is responsible for the review of legality and oversight, the Executive Office of the Department in accordance with the authority responsible for the relevant work. Article fifth regulatory documents shall be in accordance with statutory authority and procedures.

    Normative document content shall not violate laws, administrative regulations, rules and provisions of the State Council document.

    Sixth article development of normative documents must proceed from reality, coherent, reasonable administrative relative person's rights and obligations, powers and responsibilities of the executive authorities.

    Normative documents of the seventh article not to create the following:

    (A) the administrative licensing items;

    (B) matters of administrative penalties;

    (C) the compulsory administrative measures;

    (D) matters of administrative charges;

    (E) other matters stipulated by laws, rules, regulations, or the State Council.

    No provisions of law and rules and regulations, normative documents do not affect the administrative relative person of the lawful rights and interests or increasing the administrative relative person of the obligation. Article eighth normative documents issued in the form of notice in the General Administration of quality supervision.

    Within the General Administration of quality supervision departments should publish normative documents. Provisions of normative documents can use form, can also be expressed in paragraph form.

    Title of the normative document can use "approach", "rule", "decisions" and "rules" or "rules", "opinions".

    Nineth national certification and accreditation administration, the national standardization Management Commission, State Fiber Inspection Bureau, the provincial quality and technical supervision Bureau and the departments under the Bureau of inspection and quarantine in accordance with the measures management of their respective regulatory documents.

    Chapter drafting and review of legality Tenth Bureau of the General Administration of quality supervision Division can separate or joint drafting of regulatory documents.

    Drawn up jointly, determine a lead director.

    Drafted 11th Division shall develop normative documents of necessity and feasibility is demonstrated and normative documents to solve the problem, proposed the establishment of the main system or the main measures to be provided for research. 12th draft normative document should solicit opinion both inside and outside of the system.

    Concerning major issues or related to the vital interests of normative documents, should convene seminars, feasibility study meeting, hearing or draft to the public, to seek the views of the community.

    Important observations and recommendations, drafting departments should deal with, and be enshrined in the drafting instructions.

    13th draft normative documents involving other departments under the State Council, drafting the Secretary shall seek the views of other departments of the State Council. Other departments of the State Council on the content of the draft regulatory documents significant differences of opinion, drafting departments shall coordinate.

    Coordination and handling of major differences of opinion, should be stated in the drafting instructions.

    14th International trade normative documents, drafting departments should be informed according to the WTO regulations in the draft stage, and the comments of other members of the WTO to be adequately addressed. 15th draft normative documents submitted for review, it should be signed by the head of the Drafting Division Council; drawn up jointly, shall be jointly signed by the heads of departments.

    Involving other departments, should be subject to checks.

    16th drafting departments formed after the draft regulatory documents, normative documents, the drafting of the draft should be notes and other related materials Regulation Division for review.

    Drafting instructions should include objective, necessity and feasibility, development of basis, the main system and the coordination of measures, the drafting process, condition, description of the main views and other necessary matters. 17th Law Division is responsible for the review of the legality of normative documents.

    Review of the legality of other problems found in, can put forward their suggestions and opinions. 18th regulation should be to review the draft documents to be submitted in a timely manner.

    May request the drafting of the legislation Division Director additional information can be added when necessary to seek advice or related units and personnel within the system.

    19th Law Division review the draft regulatory documents, in accordance with the following situations, respectively, fill out the AQSIQ standard documents validity observations form:

    (A) these measures are in line with laws, administrative regulations and, fill out the comments;

    (B) these measures are not in line with laws, administrative regulations and, entries do not agree with their views and the reasons;

    Chapter III decisions, announced and explained 20th draft normative documents of approval by the regulatory Division, by the Drafting Division reported to the Council, the Secretary Office or topic will be considered, the Secretary. Emergency situations can be directly issued by the Bureau.

    The AQSIQ normative document validity observations together with the draft normative documents such as the single archive of material.

    21st drafting departments in regulatory documents published within 30th of the normative document text (paper and electronic copies of a copy), the drafting instructions, of the State administration of quality supervision of standard documents validity observations form handling CC and regulation and other relevant material. 22nd regulatory documents shall be agreed AQSIQ communiqué, Government Web sites or by other appropriate means to the public.

    Regulatory documents that are not announced to the public shall not be used as the basis of administration.

    23rd regulatory documents shall be implemented since the 30th, after the date of its publication; however, involves national security and not implemented could affect regulatory documents to implement immediately after the announcement, can come into force on the date of promulgation.

    24th must explain the normative documents, the Secretary proposed the drafting of normative documents, regulations Division after signing documents procedure.

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

    Fourth chapter clean up assessments and filing

    25th normative documents should be cleaned once a year to assess.

    When the normative document according to modify, repeal, or when circumstances change, and should be clear assessments of the normative documents in a timely manner. 26th clean evaluation, normative documents by the Drafting Division is responsible for, the joint drafting of normative documents clear assessment by the lead director is responsible for.

    With other departments of the State Council jointly issued a clear assessment of the normative documents, involved in the drafting of the lead director is responsible for.

    If necessary, the legislation Division may organize cleanup assessments.

    27th cleanup assessments should form an effective assessments of the cleanup, have abolished or intended to be abolished, abolition should indicate reasons, abolition of abolishing the normative documents of the number to be indicated.

    Clean up assessment results should be in by February 1 of each year and regulation.

    Results be published each year in the form of announcement.

    28th National Commission for certification and accreditation administration, the national standardization Management Commission, State Fiber Inspection Bureau should be released in the normative document text within 30th of the normative documents (paper and electronic copies of a copy) sent regulations Division record, and February 1 of each year for the preceding year in the development of regulatory documents sent and regulation.

    29th private party to challenge normative documents have been filed and called for a review of legality, legality and regulation can be carried out in accordance with the measures organizations for review.

    The fifth chapter supplementary articles

    30th term of validity of normative documents in accordance with the relevant provisions of the State.

    31st article this approach by the AQSIQ to interpret.

    32nd article this way come into force on May 1, 2010.

    Annexes: 1. legitimacy AQSIQ normative documents review

2. the AQSIQ normative assessment file cleanup list Annex 1:

AQSIQ normative document validity
法规司                                           年    月    日
┌───────────────────────────────────┐
│文件名称:                                                            │
├───────────────────────────────────┤
│起草司局:                      经办人:       电话:                 │
├───────────────────────────────────┤
│法规司经办人:                  核稿人:       电话:                 │
├─────────────────┬─────────────────┤
│合法性审查意见:                  │司领导:                          │
│                                  │                                  │
│                                  │                                  │
│                                  │                                  │
│                                  │                                  │
│                                  │                                  │
│                                  ├─────────────────┤
│                                  │起草司局处理情况:                │
│                                  │                                  │
│                                  │                                  │
│                                  │                                  │
│                                  │                                  │
│                                  │                                  │
│                                  │                                  │
│                                  │                                  │
│                                  │                                  │
│                                  │                                  │
│                                  │                                  │
│                                  │                                  │
│                                  │                                  │
│                                  │                                  │
│                                  │起草司局负责人签字:              │
│                                  │                                  │
│                                  │            年    月    日        │
│                                  │                                  │
    └─────────────────┴─────────────────┘

Note: the Drafting Division where there are several lead departments listed first.

Annex 2:

AQSIQ normative assessments files
__________司(局)                                             年    月    日
┌──┬───────┬──┬────┬────────┬────┬────┬────┐
│ │ │ │ Ordinal name release time │ │ │ clean views revocation reason review by the legitimacy of abolition │ │
├──┼───────┼──┼────┼────────┼────┼────┼────┤
│    │              │    │        │                │        │        │        │
├──┼───────┼──┼────┼────────┼────┼────┼────┤
│    │              │    │        │                │        │        │        │
├──┼───────┼──┼────┼────────┼────┼────┼────┤
│    │              │    │        │                │        │        │        │
├──┼───────┼──┼────┼────────┼────┼────┼────┤
│    │              │    │        │                │        │        │        │
    └──┴───────┴──┴────┴────────┴────┴────┴────┘
    Note: clean up views into effective, has been abolished, to be abolished. Abolish number refers to the announced abolition of the normative document number