Industry And Commerce Administrative Rulemaking Procedures

Original Language Title: 工商行政管理规章制定程序规定

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Industry and Commerce administrative rulemaking procedures

    (Released September 1, 2008, State administration for industry and commerce, the 34th since as of October 1, 2008) directory

    Chapter I General provisions

    Chapter II initiation, planning and planning

    Chapter drafting

    The fourth chapter reviews

    The fifth chapter review, publication and filing

    Sixth chapter interpretation, amendment and repeal

    Seventh chapter clean up, compilation and translation

    The eighth chapter by-laws

    Chapter I General provisions

    First in order to regulate the industry and commerce administration regulations establish procedures to ensure the quality of regulation, improving regulatory efficiency, promoting administration according to law, under the People's Republic of China legislative act, the regulatory procedure Ordinance, the Archivist filing of regulations and ordinances and the editing and publishing regulations regulations, combined with the industrial and commercial administrative regulatory practice, these provisions are formulated.

    Second article this provides by said business administration regulations (following referred to regulations), is refers to national business administration General (following referred to business General) for perform its market regulatory and administrative law enforcement duties, according to legal, and administrative regulations and State about decided, and command, in this sector of permission range within developed of, or and State about sector in their permission range within joint developed of, to business General makes of form announced of normative file.

    Third rule project, drafting, review, review, publication, record, interpret, modify, repeal, compilation and translation, these provisions shall apply. Fourth industrial and commercial administrative regulations formulated by the Administration for industry and commerce.

    Administration for industry and commerce, and other regulatory documents established by the local administration for industry and commerce shall not be incompatible with the regulation.

    Name of the fifth rule says "rule", "ways" or "rules", but not "regulation".

    Article sixth industrial and commercial administrative regulations shall be guided by the following principles:

    (A) the principle of uniformity of the legal system of States;

    (B) in accordance with the principle of statutory powers and procedures;

    (C) terms of reference and the principle of responsibility is consistent;

    (D) the principle of maintaining the legitimate rights and interests of citizens, legal persons and other organizations;

    (E) the administrative authority shall exercise functions and principles.

    Article seventh regulations on industrial and commercial administration should adhere to scientific and democratic legislation, structured, comprehensive, formal specification, clear, accurate, concise, with maneuverability.

    Eighth industrial and commercial administrative regulatory of matters which should fall within the enforcement of laws and administrative regulations and matters relating to the decisions and orders of the State Council, its contents shall not contravene with the host computer.

    Established by the upper law on administrative licensing, administrative punishments, administrative fees, and other matters within the scope of compulsory administrative measures, specific provisions on the implementation of the above matters, general rules should be developed.

    Stipulated by 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 should be developed.

    Nineth Division of Administration for industry and commerce regulations for the legal organization of the Administration for industry and Commerce (hereinafter referred to as rule of law institutions), taking organizational regulations drafting, review, record, interpret, modify, repeal, compilation, translation and other specific tasks.

    Chapter II initiation, planning and planning

    Tenth Administration for industry and Commerce according to the national economic development and market supervision needs, preparing a regulatory plan every three years, the beginning of each year annual regulatory plan, identified the need to develop, revise the regulations project.

    11th General Administration of industry and Commerce organs need to develop, to amend the regulations, shall, before December 15 of each year, project applications submitted to the legal bodies.

    Project applications should indicate the necessity and feasibility of developing regulations, regulations of the basic idea and main problems to be resolved, the proposed establishment of the main system and drafting Department, project leader, project contractors, schedules, timelines, and more.

    12th legal bodies responsible for the review of project applications, preparation of draft annual regulatory plan, in consultation with the internal institutions, local industry and commerce administration views, attention of the Administration for industry and Commerce Council will consider for adoption. 13th annual regulatory plan should be strictly enforced.

    Legal agencies responsible for inspecting and supervising the implementation of the plan and inform the implementation of the plan. 14th annual regulatory plan can be adjusted according to the actual situation.

    Proposed rulemaking projects, submit an application by the relevant departments, subject to legal review, administration for industry and commerce leaders agreed later included in the regulatory plan.

    Chapter drafting 15th internal bodies of the Administration for industry and commerce is responsible for the drafting of regulations within its competence. Regulation is complex, involving a number of internal institutions, administration for industry and commerce could be determined by one of the departments in charge of organizing the drafting. Comprehensive regulation by legal bodies responsible for drafting.

    Comprehensive regulations of particular importance, and by the Administration for industry and commerce organizations to set up a special working group responsible for drafting.

    16th drafting departments shall regularly report to the rule of law institutions written draft work in progress.

    Drafting departments shall, in accordance with the annual regulatory plan completed drafting work cannot be completed, should report to the Administration for industry and commerce leaders, explain the reasons and inform in writing the relevant situation and legal agencies.

    State Board technical difficulty, State regulation of the time critical project, by the drafting Department and organization to participate in the drafting of the legal system, providing professional support.

    Article 17th drafting departments may invite local industry and Commerce Administration Bureau, the relevant units and experts, research bodies involved in drafting, drafting may also appoint experts or organizations. Experts in the drafting to be commissioned, research institutions undertake the task of drafting should be legal after the Administration approved.

    Without approval, the draft may not be delegated to other entities or individuals. 18th in the process of drafting, drafting departments according to the actual situation to conduct legislative research, understanding problems in practice, research at home and abroad advanced experiences.

    Legislative drafting departments investigation shall make a written report. Regulations covering general issues, drafting departments shall organize seminars to hear the views of the relevant bodies, organizations and management. Involving significant legal issues or special professional problems, shall convene a feasibility study meeting, hear the views of experts or other professionals. Drafting rules and regulations directly related to the vital interests of citizens, legal persons and other organizations, and relevant bodies, organizations or citizens have major differences of opinion should be announced to the public and seek the views of all sectors of the community, drafting departments may also hold a hearing.

    Drafting Department held seminars, feasibility study meeting, hearing, it shall make a written report.

    19th rules related to other organs of the Administration for industry and commerce or closely with other departments, drafting should be full consultation with the relevant sectors, and active coordination could not be coordinated, in the drafting of the draft regulations should be the statement of circumstances and reasons.

    Regulations concerning local administration for industry and commerce, related responsibilities or of his close relations, drafting departments should fully consult the local industry and Commerce Administration Bureau, the relevant views.

    20th rules concerning duties require external consultation other departments under the State Council, or the need for consultation with the relevant departments of the Standing Committee of the national people's Congress, the State Council Legislative Affairs Agency, or the need for coordination of foreign legislation, drafted by the rule of law institutions in conjunction with the Department.

    Regulations drafted by the other departments of the State Council concerning the administration duties or closely associated with the Administration for industry and commerce, you need to seek the views of the Administration for industry and commerce, handled by the rule of law institutions, in conjunction with relevant organs. Article 21st draft regulations should be taken to interface with existing regulations.

    New drafting of regulations intends replaced existing regulations of, should in draft in the stated intends abolition of regulations and the according to its developed of normative file of name, and paper,; new drafting of regulations on existing regulations part content be modified of, should in draft in the stated by modified of regulations of name, and paper,, and entries or content, involved of related normative file, also should together column Ming. After 22nd drafted regulations, drafting departments shall draw up a draft regulations and draft notes. Preparation of notes by the drafting Department regulations draft and submitted to the legal review of the signing.

    Several departments jointly drafted, should be jointly signed by the drafting department heads submit legal review.

    When the 23rd submitted draft regulations, drafting of the Department shall submit the following documents and materials:

    (A) submit reports on their review;

    (B) the regulatory body and its electronic version of the draft;

    (C) preparation of notes and draft regulations electronic text;

    (D) the relevant laws, administrative regulations and the relevant decisions of the State Council, ordered basis;

    (E) other related material, such as: summary of opinions, research reports, seminars, feasibility study meeting, hearing transcripts and reports, legislative information at home and abroad.

    24th regulation draft drafting instructions should include the following:

    (A) the situation and main issues to be normative matters;

    (B) drafting of the guiding ideology and the purpose of the regulations;

    (C) provide the main measures and legal basis;

    (D) right by the absorption or disposition;

    (E) to note other problems.

    25th draft regulations include the following:

    (A) the enactment of laws and the basis;

    (B) scope of application;

    (C) the competent authority or Department;

    (D) the applicable principles;

    (E) the specific measures and procedures management;

    (Vi) relationship between the executive authorities and the relative rights and duties of man;

    (G) the legal responsibility;

    (H) effective date;

    (I) the contents of the other provisions.

    26th regulation draft does not comply with the provisions of article 23rd, 24th, 25th, requirements, legal agencies may request the draft sector supplement in the 15th related material.

    The fourth chapter reviews

    27th draft regulations by the legal bodies responsible for review, review content include:
(A) compliance with the principles set out in article sixth;

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

    (C) compliance with superordinate laws provisions;

    (D) coordination with the relevant regulations and cohesion;

    (V) is correctly dealt with the relevant agencies, departments, organizations and individuals in different views of the draft regulations;

    (Vi) compliance with legislative requirements;

    (G) the need to review more.

    28th legal agencies may, in writing, seeking the views of departments concerned to draft regulations or draft regulations as needed about organizations and experts for comments.

    Draft regulations regarding major issues, rule of law institutions should be convened by the Organization, the participation of experts in seminars, feasibility study meeting, listening, research and demonstration.

    Regulations draft content directly related to the vital interests of citizens, legal persons or other organizations, there are significant differences of opinion, drafting departments during the drafting process was not announced to the public, nor hold hearings, approved by the Administration for industry and commerce, legal organization can open to the public for comment, can also hold a hearing.

    Article 29th units or departments draft regulations related to the measures, have different views on issues such as management, permissions, Division of legal institutions should be coordinated to reach consensus; consensus cannot be reached, institutions should be clearly stated in the review of the legal system and submitted to the Administration for industry and Commerce Council will decide.

    30th rule draft one of the following circumstances, legal organization can be stride or sent back to the drafting Department:

    (A) to comply with the basic principles of drafting regulations;

    (B) the regulatory conditions are not mature;

    (C) to set up systems of major controversy, or lack of practice;

    (D) the regulations concerning the relevant departments, drafting sector without consultation with departments;

    (E) the regulation of the structure or content of material defects;

    (Vi) material attached to the draft is not complete;

    (VII) procedures not according to stipulations;

    (VIII) should not be submitted to the Administration for consideration by the Council.

    Stride or draft regulations that have been returned by the drafting Department modifications, meet the conditions for applying, according to prescribed procedures submitted to the rule of law institutions reviewed. 31st the views of legal mechanism, review comments on the draft regulations.

    Drafting departments shall, according to legal reviews, supplements and modifications to the draft, draft regulations on form.

    Legal review of the draft regulations, submit a review report, submitted to the drafting Department in charge of the Secretary, legal organization in charge of the approval, the Secretary, and drew attention to the Administration for consideration by the Council.

    The fifth chapter review, publication and filing

    Article 32nd rule shall be considered by the Administration for industry and Commerce Council will decide.

    Consideration of the draft regulations, and rule of law institutions responsible would review the situation described, head of drafting Department for preparation of notes on the draft regulations.

    Article 33rd after consideration by the Administration for industry and Commerce Council, the draft regulations, and rule of law institutions in conjunction with the drafting of the sector based on the consideration of the amendments proposed in the draft revised form a revised version of the draft, by legal agencies to request the Administration for industry and Commerce Secretary signed a decree, to be published.

    For consideration of major differences of views have not been adopted in the draft, the drafting Department in accordance with administration for industry and Commerce Council will be asked, in conjunction with the rule of law institutions, relevant organs and sectoral coordination again be differences of opinions, discussion, proposed revision, after review by the legal entity, by the rule of law institutions submitted to the Administration for industry and Commerce Council will revisit.

    Article 34th Administration for industry and Commerce and other departments of the State Council jointly released draft regulations should be adopted by the Administration for industry and Commerce Council and issued by the Administration for industry and Commerce Secretary after send sign jointly issued by the Department.

    Hosted by other departments under the State Council and with the Administration for industry and Commerce jointly issued a regulation should go through legal review, adopted by the Administration for industry and Commerce Council, developed jointly by the Director of the industrial and commercial administration and departments announced jointly signed by the Executive heads, using the host command sequence number.

    35th publishing rules of order shall set forth the enactment organ, the regulations number, rule name, by date, effective date, Business Director of the signatures and dates of publication.

    Article 36th regulations signed in the 20th, rule of law institutions in the Administration for industry and commerce Web site, the China business newspaper publishing and other convenient to issue public information channels.

    37th regulation should come into force after the 30th from the date of promulgation, but announced immediately after the execution of market order will cause serious impact or impede regulatory purposes, can come into force on the date of promulgation.

    38th rule in the 30th after the signing, by the rule of law institutions in accordance with the legislative law and the Archivist filing of regulations and Ordinance to State bodies for the regulatory filing procedures.

    Sixth chapter interpretation, amendment and repeal 39th rule right of interpretation belongs to the Administration for industry and commerce, administration of internal institutions, local industry and Commerce Administration Bureau for industry and commerce has no right to interpret regulations.

    Regulations of one of the following conditions, interpreted by the Administration for industry and Commerce:

    (A) the regulations needs to further clarify the specific meaning;

    (B) the enactment of regulations there is a new situation, need to be clearly applicable regulations based on the.

    Local administration for industry and commerce may make regulations in accordance with the relevant provisions of the document processing step by step explain to citizens, legal persons or other organizations may appeal to the Administration for industry and Commerce regulatory proposals. Regulations generally explained by the original drafting Department drafted or drafted by the legal entity.

    The original draft prepared by the Department, drafted legal agencies in conjunction with drafting instructions after comments refer to Regulation draft review procedures and submit them to the Administration for industry and Commerce announced after the consideration by the Council.

    Regulations interpretation and has the same effect.

    40th rule has one of the following conditions should be modified:

    (A) according to amend or repeal of relevant laws and administrative regulations should be amended accordingly;

    (B) based on national policy or practical needs, it is necessary to increase or decrease;

    (C) the administration or the Executive authority under changed;

    (D) the same matter in two or more stipulated in the regulations are not consistent;

    (E) other circumstances that need to be modified.

    41st rule has one of the following shall be repealed:

    (A) according to relevant laws and administrative regulations repealed or modified, losing legislative basis;

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

    (C) the same matter has been under the new regulations, and implemented;

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

    (E) other cases. 42nd regulations amended, repealed, drafted by the regulations of the Department, or by a rule of law institutions.

    Draft-legal sector after consultation and consensus report, reference to the relevant provisions established by the regulations.

    Revised regulations shall promptly release new regulatory texts.

    Seventh chapter clean up, compilation and translation

    43rd legislative institution shall, in the first quarter of each year to the previous year published by the Administrative Department for industry and commerce regulations and clean up the relevant normative documents.

    44th rule of law institutions in the first half of the year should be editing and publishing regulations in accordance with the laws, administrative regulations and normative acts on the basis of clear, completed the previous editors of the annual compilation of the acts of the Administration for industry and commerce, the Administration for industry and commerce laws should include the following:

    (A) considered and passed by the national people's Congress and its Standing Committee involving industrial and commercial administration of laws and legal documents;

    (B) the published work involves administration of industry and commerce under the State Council administrative rules and regulations and regulatory documents;

    (C) the State administration for industry and Commerce announced or published jointly with relevant departments of the State Council's regulations and regulatory documents;

    (D) the relevant departments of the State Council published regulations closely related to administration of industry and Commerce;

    (E) released by the Justice Department involving judicial interpretation, such as the administration of industry and Commerce;

    (Vi) income of other necessary files. State administration for industry and commerce administration for industry and Commerce of the editing and publishing of legal regulations compilation is the official version of the regulations published by the State administration for industry and commerce.

    No organization or individual may violate laws of editorial publication management regulations, unauthorized publishing administration for industry and commerce regulations.

    Article 45th official English version of the regulations need to be translated, the drafting Department in drafting the description shall be specified in the or by rule of law institutions in the review will make recommendations to the Administration for industry and Commerce Council, decided by the Administration for industry and Commerce Council.

    Official translations of the English version of the regulations by legal bodies responsible for organizing the translation, validation, and drafting Department and the Foreign Affairs Department assistance, can be recruited from related professional organizations or to assist when necessary.

    Regulation of translation, validation shall be completed within 90 days from the date of publication of the regulations.

    The eighth chapter by-laws

    46th article submitted to the State Council administration for industry and commerce-related laws, administrative rules and regulations of the legislative proposals, and submitted to the laws and administrative regulations of legislative planning, project proposals, by the legal bodies.

    Delegate administration for industry and commerce under the State Council to draft laws and administrative regulations proposed draft procedures, reference to the provisions of the relevant provisions, drafted and coordinated work by the legal bodies.

    Translation prepared by the Administration for industry and Commerce administrative regulations or administrative regulations drafted by the Administration for industry and commerce as the main sectors agreed by the Administration for industry and commerce is responsible for the translation and its procedures in the light of the provisions of article 45th Executive.

    47th normative document drafted by the internal bodies of the Administration for industry and commerce, by the Administration for industry and Commerce leadership decided that its enactment may refer to these provisions.

    The internal normative document drafted by the Agency, shall be published in the 15th reported legal filings.

    48th regulatory requirements, in accordance with the relevant regulations of Administration for industry and commerce. 49th article of the regulations come into force on October 1, 2008.

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