Guizhou normative documents, procedures and regulatory requirements
(December 30, 2013, Guizhou province, the people's Government of the 21st Executive meeting January 9, 2014 152th promulgated by the people's Government of Guizhou province as of March 1, 2014) Chapter I General provisions
First in order to improve the quality of regulatory documents, strengthen the supervision and administration of regulatory documents, optimize your development environment, promoting administration according to law, in accordance with relevant laws and regulations, combined with the facts of the province, these provisions are formulated.
Second article this provides by said normative file, is refers to administrative organ and legal regulations authorized of has management public affairs functions of Organization (following referred to regulations authorized organization) in accordance with statutory terms and program developed of involved citizens, and corporate or other organization right obligations, has general binding, in must term within repeatedly applies of decided, and provides, and announcement, and notices, and notification, and approach, and implementation rules, and views, specification administration Affairs of file (Government regulations except).
Regulatory documents are divided into two categories:
(A) the Office of the people's Governments above the county level and (the) development of normative documents (hereinafter referred to as government regulatory documents).
(B) the departments above the county level people's Government (including the formation of departments, institutions and agencies directly under, etc), set up by the people's Governments above the county level in accordance with agency authorized organization develops normative documents and regulations (hereinafter referred to as sectoral normative documents).
Third normative documents establish procedures and oversee management of the application of this provision.
Administrative organs do not involve citizens, legal persons or other organizations within the rights and obligations of the management practices, meeting minutes, reports, work systems and recognition awards, personnel appointment and removal, on specific issues dealing with decisions and other documents, these rules do not apply.
Various leading group, command, the joint interim administrative institutions, the deliberation and coordination agencies and offices, executive organs shall not be made normative documents. Fourth above the county level people's Governments and all departments should strengthen the regulatory document development and management leadership.
Development of normative documents of significant public interest regulatory requirements, should be protected.
Rule of the people's Governments above the county level bodies, people's Governments above the county level departments, agencies and authorized organization of legal entity specifically responsible for the normative document review of legality and supervision and management.
Article fifth developed regulatory documents shall be guided by the following principles:
(A) maintain the uniformity of the legal system and Government decrees;
(B) in accordance with statutory authority and procedures;
(C) the content is lawful, reasonable, necessary and feasible;
(Iv) to protect the legitimate rights and interests of citizens, legal persons or other organizations.
Article sixth of normative documents may not set the following:
(A) matters of administrative penalties;
(B) the administrative licensing items;
(C) the compulsory administrative matters;
(D) matters of administrative sanctions;
(E) matters shall be determined by law, regulations or rules;
(Vi) other matter prohibited by laws, regulations and rules.
In addition to provincial people's Government and provincial fiscal, normative documents of the authorities, not to create other normative documents administrative charges.
Regulatory documents shall not be illegal to limit the exercise of the rights of citizens, legal persons or other organizations may not be illegal to increase obligation of citizens, legal persons or other organizations.
Chapter II preparation and research
Article seventh draft normative documents, should the necessity, feasibility and plans to create a major investigation on the rationality of systems and measures.
Eighth people's Governments above the county level can determine one or several departments responsible for drafting Government documents.
Sector normative documents drafted by the enacting body organization, professional or broad, difficult, enacting body entrusted to the relevant organizations, expert drafting.
Normative documents involve two or more sector terms of reference can be drafted jointly by two or more departments, and hosted by the Department and other relevant departments.
Nineth draft normative documents, public consultation, can take many forms such as public hearings, seminars, feasibility study meeting.
Tenth laws, rules and regulations should be hearing or open for public comment, the enacting body shall comply with the requirements. Drafting normative documents of the hearing procedure, implemented in accordance with the relevant provisions of national and provincial administrative hearing. Open for public comment, it should be through the Government website, departmental website or any other way that benefits the public publication of the draft regulatory documents.
Citizens, legal persons or other organizations to comment on the draft regulatory documents, recommendations, drafting units should be studied.
11th draft normative documents have different views on the Government, drafting unit shall carry out research and coordination, coordinated still fail to reach a consensus, should be explained in the drafting instructions.
Chapter III submission and review 12th drafter drafting of normative documents of the Government, should send the first people's Government legal agencies for legal review, and submission of draft normative documents, drafting instructions, making basis, relevant departments to written opinions, drafting legal organization reviews and other material.
After review by the legitimacy, then reported that the people's Governments at the corresponding level for consideration.
Drafting departmental normative documents, should be sent to this sector legal organization following a legal review, then considered by the Office.
13th legal validity, mainly include the following:
(A) whether normative documents;
(B) whether there are any established the necessity, feasibility and maneuverability;
(C) it is incompatible with the laws, rules and regulations;
(D) compliance with the requirements specified in chapter II of the draft and research programs. 14th in controversial or complex or other serious problems, review of legality of legal organization can be held by authorities, experts attending the seminar, feasibility study meeting.
When necessary, research, advice of the administrative relative person.
When the 15th draft rule of law institutions review regulatory documents can be processed according to the following provisions:
(A) not part of the normative document, back drafting units;
(B) ultra vires, the main content is illegal, plans to create a primary system and measures conflict with the laws, regulations and rules, or of the need for developing recommended do not develop the normative documents;
(C) does not comply with the requirements specified in chapter II of the research and drafting process, we recommend drafting corrections;
(D) specific provisions are not legitimate, propose amendments. 16th government legal agencies above the county level shall, from the date of receipt of the draft regulatory documents review of legality within 10 working days and issue a legal review submissions. Of timeliness strong, shall issue validity opinions within 3 working days. On the controversial and complex content, can be extended up to 15 working days.
Drafting corrections to draft procedures and materials are not included in the review period.
Department legal time limit for legal review of the draft normative documents, determined by the departments themselves. 17th drafting units should be in accordance with the rule of law institutions issued by the legitimacy of the review submissions, modified the draft normative documents, submitted to the development authorities for consideration.
Lack of legitimacy of the review submissions, materials pertaining to the enacting body shall be returned to the drafting unit, press program again to go through. Drafting units are divided over legality examination of the submissions, can contribute to the legal challenge, and provides the reasons and basis.
Study on the rule of law institutions should be carried out promptly, the objection is established, it should issue a legal review submissions; opposition not established, should respond in a timely manner.
The fourth chapter review and registration 18th the Government's regulatory documents shall be considered by the Executive meeting of the Government decisions involving small, agreement of the parties, can be considered by the Government Conference decided.
Consideration by the Office, the departmental regulatory documents shall be decided.
19th normative documents by the Government of the people's Governments in charge or charge authorized by the person in charge checked, by the General Office of the people's Governments at the corresponding level (room) for regulatory registration number and issuing official documentation.
Article 20th sector normative documents in the Department in charge or charge authorized by the responsible audit within 3 working days after the signing, send the legal institutions registered under the same level, with the normative documents program files after the file number.
Two or more joint development of normative documents in the main charge or charge authorized by the person in charge checked within 3 working days after the completion, the lead department sent the legal institutions registered under the same level, made official after the normative document number apply for program files.
When you submit the registration, shall be submitted for registration reporting, having considered the draft normative documents and the notes, legal validity observations.
Article 21st departmental normative documents, similar legislative affairs agency shall, within 3 working days from the date of receipt of registration, are part of a normative document, register and issue number; not part of the normative documents, registration, and explain the reasons.
Format of the registration number sector normative documents, formulated by the Legal Affairs Office of the people's Government of the province.
Fifth chapter, disclosure and supervision
22nd normative documents should be by the people's Governments at the corresponding level, departmental website, published newspaper or in other easily accessible to the public.
Article 23rd national security and vital public interests, such as emergency and requires immediate development of normative documents, approved by the enacting body primarily responsible, can simplify the development process.
Interpretation of article 24th normative documents belonging to the normative documents of the enacting body.
25th normative documents shall, within 10 working days from the date of the publication, submitted for the record in accordance with the following provisions:
(A) the normative document level people's Government and the Government of the people's Congress for filing;
(B) sectoral normative documents level people's Government for the record;
(C) two or more joint development of normative documents, submitted for the record by the lead departments;
(D) set up by the people's Governments above the county level in accordance with normative documents established by the Agency and submitted to the establishment of the people's Government of the Agency's record;
(E) the vertical management departments to develop normative documents reported to the authorities at a higher level for the record and submitted to the people's Governments at the corresponding level.
Normative documents for the record reviewed by the people's Government at the legal bodies.
Send the normative documents mouthpiece people's Government for the record, size sent in the recording review work of the people's Government legal agencies. 26th government regulatory documents by the General Office of the people's Governments above the county level (room) in charge of work submitted for the record, departmental normative documents by the sectoral instruments and administration responsible for work submitted for the record.
Drafting unit shall provide timely and relevant material submitted for the record.
Documents submitted for the record shall be submitted for the record reporting, formulation, based on normative documents and the official announcement.
Encourage qualified governmental and departmental electronic filing.
Host record review 27th Legislative Affairs Office shall review the normative documents submitted for the record as follows:
(A) compliance with the statutory authority;
(B) violation of the provisions of the laws, regulations and rules;
(C) whether from superior normative documents requirements.
Rule of the people's Governments above the county level bodies to submit for the record the normative documents adopted centralized review or by other means.
28th people's Governments above the county level legal normative documents for the record review, organs or units to provide relevant materials need to be developed or explain the situation, develop or draft shall cooperate with the need to seek the views of the relevant departments, relevant departments should reply within a specified time.
29th the people's Governments above the county level shall legal normative documents do not belong to the record review, should be forwarded to the institutions entitled to record review; when necessary, Senior Legislative Affairs Agency calls for mouthpiece send related materials directly to the review.
Article 30th normative documents record-keeping problems found in a review, in accordance with the following provisions: (A) the normative documents beyond the statutory authority or violations of laws, rules, regulations and higher provisions of normative documents, reviewed by the contractor for the record the Legislative Affairs Agency informed the development authority stops executing and period correct.
Fails to correct the submitted to the level shall be changed or revoked; (B) between the normative documents on the same subject is consistent, coordinated by the Legislative Affairs Agency of the host record review.
Coordinated agreement, relevant departments should implement; coordinated cannot agree, and put forward opinions level people's Government decision;
(C) normative documents according to the contradictory, the people's Governments at the corresponding level is not competent to deal with, and shall be submitted to Legislative Affairs Agency processed at a higher level. Normative documents Development Authority shall, within 15 working days from the date of receipt of notice of correction, to modify or repeal the normative documents.
Amendment or repeal shall make a written report to host legislative affairs agency of record reviews.
31st article normative file of developed organ on hosted record review of government legal institutions made of record review processing views has objections of, can since received written notification of day up 15 a days within, to accept record of people Government proposed audit application, and will audit application CC hosted record review of government legal institutions, government legal institutions should in 15 a days within this level Government submitted audit views.
Articles 32nd to submit for the record the vertical management departments of normative documents on the review procedure, in accordance with administrative permissions, mutatis mutandis, the corresponding provisions of the regulations shall be followed. Article 33rd citizens, legal persons or other organizations to view regulatory documents and laws, rules and regulations contravene or conflict between normative documents, can contribute to the development of organs, bodies for the review of the legal system of the host record review recommendations. Enacting body or legal entity after receiving the review recommended should be verified in a timely manner. There is a problem and, in accordance with the provisions of the present article 30th.
Review of written recommendations shall inform the proponent will review the results.
The sixth chapter clean up
34th normative documents has any of the following circumstances, the enacting body it should be cleared up, according to the actual situation made the decision to modify, repeal, declared invalid:
(A) the laws, rules and regulations, higher administrative authorities of normative documents and normative documents of the organs of substitute or withdraw part or all of the contents;
(B) is not adapted to the needs of economic and social development, or laws, regulations, rules, higher administrative authorities of new provisions;
(C) task has been completed, do not need to continue to survive.
The development authority shall clean report undertaken for the record review, normative documents of legal organization. 35th normative documents amendment procedures in accordance with these provisions.
Revised regulatory documents shall be registered number and submit for the record.
The seventh chapter legal liability
36th article violates these provisions, any of the following circumstances, the Legislative Affairs Agency shall order correction within; fails to change, resulting in serious consequences, submitted to the authority in accordance with the set of heads and others directly responsible shall be given administrative sanctions:
(A) without good reason, refuses to perform for the record review comments;
(B) development of normative documents is inconsistent with the laws, rules and regulations.
37th in violation of this provision, development authority fails to submit for the record or submit for the record does not meet the requirements, informed by the Legislative Affairs Agency correct within; fails to change, can be criticized.
The eighth chapter by-laws
Article 38th City (State), County (city, district, Hong Kong Special Administrative Region) Government according to the measures for implementation.
Township and town people's Governments of normative documents establish procedures in accordance with this regulation. 39th article of the regulations come into force on March 1, 2014. Province, the people's Government of Guizhou province, released on October 30, 2003, the provisions of the normative documents for the record review (provincial governments, 71st), released on March 28, 2009, the Guizhou Provincial people's Government and provincial people's Governments and their departments administrative normative documents development program regulations (Qian Fu (2009), 6th) repealed simultaneously.