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The State Sports General Administration Rulemaking Procedures

Original Language Title: 国家体育总局规章制定程序规定

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(August 20, 2005 the State Sports General Administration announced, 7th September 20, 2005) Chapter I General provisions article in order to standardize the State General Administration of sport (hereinafter referred to as General) regulatory procedures, guarantee the quality of regulation, in accordance with the People's Republic of China legislative act (hereinafter referred to as the Legislative Act) and the regulations establish procedures as well as relevant laws and regulations, these provisions are formulated.
    Second general rule of planning, drafting, review, decisions, publication, record, interpret, clean up, modify, and repeal these provisions apply.
    The provisions of article III of the said regulations, refers to the Office in accordance with the law or administrative regulations, decisions and orders of the State Council, within the limits of the terms of reference developed by, or with the relevant departments of the State Council developed jointly within the framework of their respective mandates, in order of publishing normative documents in the form of.
    Article fourth policy Division is responsible for managing and coordinating the administration of regulatory work, offices, divisions, departments and units within the respective lines of business, responsible for the regulation of specific work.
    Fifth article developed regulations, should followed following principles: (a) followed legislation method determine of legislation principles, meet Constitution and about legal, and administrative regulations of provides; (ii) followed terms and responsibility phase unified of principles, in gives about sector necessary terms of while, should provides its exercise terms of conditions, and program and should bear of responsibility; (three) followed streamlined, and unified and effectiveness of principles, clear the sector functions, same or similar of functions should provides by a sector bear, simplified administration procedures. Sixth rule generally refer to the name of "rules" and "approach".
    For the implementation of laws, administrative regulations or other regulations and specific arrangements are made or explanations, supplementary regulations, can also be called "implementation rules" or "implementation".
    Rule name shall not be called "regulation".
    Seventh rule concept should be clear and accurate terms, the text concise, logical, with maneuverability; shall not be used to determine the modifiers and publicity and literary language.
    Eighth rule should be codified, and each article should contain a element.
    Rules can be set as required chapters, sections, articles, paragraphs, items, and accounts.
    Chapter II administration of the Nineth annual regulatory plan (hereinafter referred to as the annual plan) formulated by the policy and regulation and enforcement.
    Article tenth of the Department, Division, Board and directly affiliated units should be submitted before October 31 in each year to the policy and regulations Division rulemaking proposals next year.
    Annual plan proposed regulations should be the necessity, purpose and basis, to resolve problems and intends to establish the main system, the preparation, the responsible entity and drafting unit, work schedules and other matters accounted for.
    11th Division of policies and regulations according to the General Administration of sport development needs and realities, and to submit annual proposals for comprehensive coordination, preparation of draft annual plan for the administration of, and reported to the Director of the Office to examine and approve.
    Issued under the plan before December 31 of each year.
    12th regulatory work should be carried out in accordance with the annual plan. Annual plans can be adjusted according to the actual situation in the implementation process.
    Can't finish, relating to offices and divisions, and units directly under an application shall be submitted to the policy and regulations Division and justification; proposed regulatory projects should reinforce, and required by the tenth article, makes recommendations to the policy and regulations Division.
    Supplementary regulations projects because of the annual plan, no more than the original plan of one-fifth.
    13th Office according to the needs of instructional sports legislative five-year plan of work, reference to the provisions of this chapter.
    14th Office submitted to the national people's Congress and the State Council legal legislative proposals and administrative regulations applications for project work, reference to the provisions of this chapter.
    Chapter drafting 15th in drafting regulations, annual plan recommendations by the relevant Office, divisions, departments and units responsible for regulations concerning two or more offices and divisions, departments and units, led by the main units responsible for drafting and other cooperation.
    Drafting of the regulations, based on the need to set up a drafting group, if necessary, can provide advice and assistance policy and regulation.
    16th the drafting of rule, the regulatory purpose and should be the basis, scope, definition, departments, major system, the liability or punishment measures, implementation date, and more clearly defined. Drafting regulations should take into account the provisions of the existing regulations.
    Need to repeal the relevant provisions of the regulations or parts thereof, should be clarified in the draft regulations.
    17th draft rule should be thorough investigations and studies, sum up experience, and depending on the circumstances, take the form of written comments, forums, feasibility study meeting and, if necessary, can take the form of hearings and announced to the public, listen to units, organizations, experts and other persons concerned.
    18th draft regulations relates to the responsibilities of other departments of the State Council, or the close, or involve the administration of other offices and divisions, departments and units directly under the business, drafting units should seek the views of other relevant units of the Department or Office in a timely manner, in full consultation, consensus through consultation, drafting units should be reported to the draft regulations to explain the situation and reason.
    Article 19th after the formation of the draft regulations, drafting units should be based on need will again send the draft articles 17th and 18th of the relevant departments, units, organizations and individuals for their comments, if necessary, should also be sought from provincial sports administration.
    Article 20th draft regulations submitted to the policy and regulations Division of the signing of the draft organization review relates to other offices and divisions, departments and units directly under the business should be submitted after the signing.
    21st article draft submitted to the draft regulations, preparation of notes and other related materials should be submitted.
    The necessity of drafting instructions should include the development of regulations, the drafting process, the main contents and the reasons for and basis for comments and changes.
    Other related material including summaries of opinions from all sides (including the differences and reasons) at home and abroad, the relevant minutes of meetings, research reports, relevant legislation, and more.
    Materials are incomplete or do not meet the above requirements, policy and regulation will not be reviewed.
    Fourth chapter review 22nd article policy regulations Division should from following several aspects, on regulations draft for review: (a) whether meet Constitution, and legal, and administrative regulations of provides and national about approach policy; (ii) whether meet fifth article provides of regulations developed principles; (three) whether and existing regulations of about provides coordination, and convergence; (four) whether properly processing about sector, and units, and organization and personnel on regulations draft involved of problems proposed of views;
    (E) compliance with the regulations set forth in sixth to eighth technical requirements; (f) the need to review more.
    23rd article regulations draft has following case one of of, policy regulations Division can stride, or will material returned drafting units: (a) provides of main system or measures not with feasibility of; (ii) State other sector, or General other Office, and Division, and Council and directly under the units on regulations draft provides of main system or measures exists larger dispute, drafting units not with consultations and properly processing of; (three) sought views not full of.
    Policy and regulation review 24th draft regulations, based on the need to undertake the following tasks: (a) again the draft regulations will be sent the relevant departments, units, organizations and persons consulted, if necessary, to the public; (b) the draft regulations related to problems of grassroots research, or a seminar, feasibility study meeting, to hear their views and (iii) to coordinate the varied opinions of the feedback.
    25th article should seriously study the views of the policy and regulations Division, in conjunction with the drafting changes to the draft regulations, form draft; fail to reach a consensus of opinion, by the recommendations of the policy and regulations Division.
    Fifth chapter decisions and the 26th regulation draft, considered by the Director of the policy and regulations Division drew attention to the Administration Office.
    27th meeting consideration of the draft regulations, the Secretary, drafting units should be carried out on the draft notes.
    Secretary Office of comments on the draft, draft shall promptly modify, after review by the policy and regulations Division, Administration issued objection more, need to make big changes, it should be redrafted in accordance with the provisions of the relevant procedures and examination.
    28th General regulations draft drafted jointly with other departments of the State Council, led by the Office to participate in checks.
    29th general rule signed by the Director of the Office to be published.
    Published regulations shall specify the rules of the enacting body, serial number, rule name, date of adoption, implementation date, the signer's name, and publication date.
    Released 30th rule and order from the regulations published in the 30th in the China sports daily published the full text.
    31st regulation should come into force after the 30th from the date of promulgation; however, involves national security and released immediately after the execution could affect regulations implement, can come into force on the date of promulgation.
    The sixth chapter registration and interpretation of the 32nd drafter shall rule published in the 15th, the official text of the regulations and preparation of notes and other materials in 15 copies, and electronic text submitted to the policy and regulations Division of the regulations.
    Policy and regulation in accordance with the Archivist filing of regulations and provisions of the regulations and harmonization submitted to the State Council for the record. Article 33rd General regulations published jointly with other departments of the State Council, the sponsoring department is responsible for the submission to the State Council for the record.
    Office for the hosting sector, shall be handled in accordance with section 32nd. 34th General rule any of the following circumstances, need an explanation of the General, by the General Directorate of provincial sports administration to apply relevant units directly under the Department, Division, Bureau, and feel the need to explain, an application shall be submitted to the policy and regulations Division: (a) needs to further clarify the specific meaning of the provisions of (ii) the need to make supplementary provisions.

    Rules interpretation by policy and regulation refer to the fourth and fifth chapters relevant to the provisions of, and reported to the Director of the Office to examine and approve the announced later.
    Regulations explain itself has the same effect.
    35th belonging to application specific administration rule asks, by the Division of policy and regulations, in conjunction with relevant offices and divisions, departments and units directly under the study, in the form of files of the Office of response on important issues should be reported to Office after the issue of the leadership, in the form of Office files a response.
    The seventh chapter cleaning, amendment and repeal of article 36th should be driven by needs of the policy and regulations Division, timely organization offices, divisions, departments and units directly under the current regulations to clean up.
    37th by the clear need to modify rules and regulations, policy and regulation with the relevant offices and divisions, departments and units directly under the recommendation and reasons reported to administration of leadership for approval, refer to the provisions of the relevant procedures for modification.
    Clean up the need to repeal the regulations, policy and regulation with the relevant offices and divisions, departments and units directly under the proposal and justification, after reported to the Director of the Office to examine and approve, in the form of the order of the repealed.
    Article 38th administration and other departments of the State Council jointly announced the amendment and repeal of the regulations, shall, after consultations with the departments concerned, by the provisions of the relevant procedures completed.
    39th general rule occurs during execution of any of the following circumstances shall be modified or repealed: (a) the regulations inconsistent with the upper law; (b) the regulations were promulgated by the new laws, administrative regulations or other regulations substituted; (c) cannot meet the realistic needs and (iv) other circumstances that need to be modified or repealed.
    Regulations mentioned in the eighth chapter by-laws 40th article of the regulations does not include general correspondence, contest rules, contest rules and regulations and the management system of general social groups of normative documents.
    Relates to sport an aspect important to manage content, but not in the form of the order of the other regulatory documents published, should refer to the procedures laid down in the drafting, approval and administration or the Office of a circular published in the form of.
    Normative document cleanup in the preceding paragraph, amendment and repeal of the work, by the provisions of the relevant procedures.
    41st the drafting of laws, administrative regulations, and by the provisions of the relevant procedures.
    42nd policy and regulation should be in accordance with the law in publishing regulations, timely administration of laws and administrative rules and regulations and other normative documents on the 40th article compendium. 43rd article of the regulations come into force on September 20, 2005.
                                                                May 25, 1999 released by the General Administration of sport 2nd sports regulations on the procedure for formulating regulations repealed simultaneously.