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Normative Documents Of Land And Resource Management Measures For The Legality Examination

Original Language Title: 国土资源管理规范性文件合法性审查办法

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(November 27, 2006 Ministry of land and resources promulgated as of January 1, 2007, 36th) first for comprehensively promoting administration according to law, improve the quality of the construction of management system of land and resources, regulating land and resource management review the legality of the normative documents, according to the State Department of the implementation outline for the holistic promotion of administration by law, combined with the land and resources management work, these measures are formulated.
    II land and resources administration departments at or above the county level shall develop normative documents of land and resource management, jointly with other departments to develop normative documents relating to land and resource management, should be carried out in accordance with the regulations review of legality.
    Land and resource management in these measures of normative documents (hereinafter referred to as normative documents), refers to the land and resources administration departments at or above the county level for the implementation of laws, rules, regulations and normative documents of superior, pursuant to statutory authority and procedures formulated and promulgated, relating to land and resource management the relative rights and duties of man, in the system or generally binding and within their respective jurisdictions to repeated application files.
    Land and resources administration departments at or above the county level shall forward of the original Government files or by the Ministry of land and resources management, norm internal working documents of the management system in this sector, publishing files check deployment of specific operations, this approach is not applicable.
    Third normative documents of matters which should fall within the implementation of laws, rules, regulations and normative documents of superior, and matters that require development of normative documents.
    Regulatory documents shall not set administrative punishments, administrative licensing, administrative enforcement and other matters may not be set by the normative documents.
    Normative documents may use the name of "law", "regulations" and "implementation rules".
    Fourth regulatory document validity, should follow the legal reasonable and in line with, and good faith principles, efficient and coordinated.
    Fifth land and resources administration departments at or above the county level shall be responsible for the legal work of the Agency (hereinafter referred to as a legal working body) is responsible for the validity of the normative documents issued by the Department.
    Article sixth after forming normative document draft drafting bodies should be handled by the Executive Office of the Department (room) submitted to the Office of Legislative Affairs for legal review.
    Without a legal working body reviews the legality of normative documents, shall not be submitted to the Ministry of land and resources issued by the head of the Management Department, regulatory documents shall not be published.
    Seventh article normative file legitimacy review, drafting institutions should to legal work institutions submitted following material: (a) normative file of trial draft and drafting description (attached electronic document); (ii) developed normative file by according to of legal, and regulations, and regulations and superior normative file; (three) summary of main modified views and modified views of adopted situation; (four) other related material.
    The preceding paragraph (a) of the drafting instructions should include development of normative documents purpose, basis, necessity and feasibility, the drafting process, on draft coordination problems and other matters important to note. Eighth article legal work institutions should from following several aspects on normative file trial draft for legitimacy review: (a) whether meet legal, and regulations, and regulations of provides; (ii) whether belongs to developed organ of statutory terms range; (three) whether and this sector original of normative file phase coordination, and convergence; (four) whether contains cannot set of administrative punishment, and administrative license and administrative forced matters; (five) whether belongs to implementation legal, and regulations, and
    Regulations and higher provisions of normative documents and matters that require development of normative documents and (vi) other contents need to be reviewed.
    Draft article Nineth normative documents in line with provisions of the laws, regulations and rules, fall within the scope of statutory functions in this sector, coordination with existing normative documents of the departments, cohesion, no set of administrative sanctions, administrative licensing and administrative enforcement matters, Office of Legislative Affairs agreed to introduce the review comments should be made.
    Tenth article has following case one of of, legal work institutions should made will normative file trial draft returned drafting institutions of review views, and description reason: (a) and legal, and regulations, and regulations and superior normative file phase conflict of; (ii) beyond developed organ statutory terms range of; (three) set administrative punishment, and administrative license, and administrative forced and other shall not by normative file set of matters of; (four) concerned on trial draft of content has larger dispute and reason more full of;
    (E) existing normative documents in this sector does not converge, uncoordinated or there is a serious conflict, has failed to put forward opinions and (vi) other circumstances that require extensive revisions.
    After modifying normative document draft drafting body, shall, in accordance with the procedure for review of legality as provided herein.
    11th standard document draft you can directly modify the error, or individual wording inconsistent with the provisions of the laws, regulations and rules, a legal working body normative documents draft can be modified directly.
    Modify specific operations management should seek the views of drafting body.
    12th without necessary normative documents or the conditions are not ripe for development of normative documents, stopped development of normative documents to the Office of Legislative Affairs review.
    13th validity review comments by the Office of Legislative Affairs, after leaders agreed to by the Office of the (room) informed the drafting body.
    Drafting agencies to review the legitimacy of the Legislative Affairs Agency there are dissenting opinions, shall consult with the Office of Legislative Affairs; fail to reach a consensus through consultation, submitted the decision of Heads of Department or Ministry (Hall, Council) Council decided collectively.
    14th Legislative Affairs Agency shall receive formal document text documents within 5 working days from the date of the review of legality.
    Require further investigation or consultation, agreed by the Office of Legislative Affairs Manager, can be extended by 10 working days.
    15th land and resources administration departments at or above the county level shall review of legality should be normative documents as the law on the implementation of the system of administrative examination and objective responsibility of important content.
    16th legitimacy in normative documents Office of Legislative Affairs staff review process does not seriously perform their duties, dereliction of duty, malfeasance, given administrative sanctions according to law.
                                                                                                    17th these measures come into force on January 1, 2007.