Anshan City Administrative Normative Documents And Filing Methods

Original Language Title: 鞍山市行政规范性文件制定和备案办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201311/20131100393727.shtml

Anshan city administrative normative documents and filing methods

    (July 31, 2013, Anshan city, 15th session of the Standing Committee of the people's Government, the 15th review August 25, 2013, Anshan city people's Government, the 179th release come into force on the date of promulgation) Chapter I General provisions

    First developed to standardize the administrative normative documents and filing, strengthen the supervision and management of administrative normative documents, maintain the uniformity of the legal system, promoting administration according to law, according to the provisions of the relevant laws, rules and regulations, based on actual city, these measures are formulated.

    Second article this approach by said administrative normative file (following referred to normative file), is refers to except Government regulations outside, this city has management public affairs functions of levels administrative organ or by legal, and regulations authorized has management public affairs functions of Organization (following collectively developed organ), according to statutory terms and program developed of, in economic and social management field involved citizens, and corporate and other organization right obligations, in by jurisdiction regional within has general binding, public released and in must term within repeatedly applies of administrative documents.

    Formulation of article, normative documents, record-keeping, supervision and management, application of this approach.

    Administrative organs of internal system, personnel and disciplinary decisions, internal documents and law and terms of reference for an external executive decisions taken on specific issues, these procedures do not apply.

    Article fourth and introduction of normative documents for the record, it should be guided by the following principles:

    (A) statutory authority and procedures;

    (B) maintain the uniformity of the legal system, ensuring government decrees;

    (C) the protection and orderly participation of the public;

    (D) to ensure that content is lawful, reasonable and feasible;

    (E) adhere to the essential, there is a prepared instance and the mistakes must be corrected.

    Chapter II establishment of normative documents Fifth of municipal or County (City) district people's Government departments are responsible for the level of government regulatory documents issued auditing, published work.

    City, County (City) district people's Government Office responsible for the drafting, coordination of development of normative documents and issued a document review, published works. City, County (City) area Legislative Affairs Department is responsible for the oversight and management of normative documents, and this level of Government in the development of normative documents review of legality.

    City, County (City) of rule of law institutions of the district people's Government departments reviewed the legality of the Department's normative documents.

    The township (town) people's Government shall be responsible for the formulation of regulatory documents, published works.

    Article sixth of normative documents may create the following items:

    (A) matters of administrative penalties;

    (B) the administrative licensing items;

    (C) the compulsory administrative matters;

    (D) administrative expropriation expropriation matters;

    (E) administrative charges;

    (Vi) for the community to implement the non-approval of administrative licensing;

    (VII) increasing burdens of property of citizens, legal persons or other organizations other matters;

    (VIII) should be determined by the laws and regulations according to law, regulations and other matters in the upper set of normative documents.

    Municipal regulatory document content from the preceding paragraph (vi) subject to the provisions of.

    Normative documents on the implementation of specific provisions of the laws, regulations and rules, no additional obligation of citizens, legal persons and other organizations shall not be restricted or deprived of the rights of citizens, legal persons and other organizations.

    Seventh Government of normative documents drawn up by government departments that implemented the file; sectoral normative documents drafted by the developing organization.

    Normative documents covering two or more departments or agencies in terms of reference, shall consist of two or more departments or agencies to undertake joint drafting jointly drafted, should be to implement the departments or agencies, other government departments or agencies.

    Eighth draft normative documents, should conduct in-depth studies and practical experience, listen to views from all sides, on an important issue or involve vital interests of citizens, legal persons and other organizations should be adopted by the comments in the form of a seminar, feasibility study meeting or hearing.

    Nineth report to city and County (City) district people's Government issued a normative document drafting sector (institutions) should provide the following materials:

    (A) report to the published instructions;

    (B) draft normative documents;

    (C) the drafting of regulatory documents description;

    (D) drafting of normative documents on the basis of laws, rules, regulations and national policies, orders, decisions of a higher administrative authority;

    (E) to seek the views of relevant material;

    (F) other relevant information.

    Other publishing normative documents Development Department needs to draw up sector (institutions) provide relevant materials, reference to the provisions of the preceding paragraph.

    Tenth draft normative documents should be enacted by organs of legal validity.

    Offices of the enacting body shall report to the material posted hand the enacting body's legal institutions, legal organizations identified normative documents, shall, in accordance with the relevant provisions on the subject of normative documents, rights, procedures, comprehensive review of the legality of the contents, forms, and so on.

    Without a government legal departments, departmental legal institutional legitimacy to review and agree to the application of normative documents, shall not be submitted for consideration and implemented.

    Article 11th Authority Legal Department (Agency) issues identified during the review of legality, in accordance with the following provisions:

    (A) the enacting body does not have statutory authority to develop the normative file, or the main contents of the draft regulatory documents illegal, recommends the development of the normative documents;

    (B) the specific provisions of the draft regulatory documents are not legitimate, specific amendments one by one;

    (C) in accordance with the relevant provisions should perform the demonstration, hearing procedures, failure to comply, suggested that back drafting correction procedure;

    (D) the relevant organs have a significant disagreement on the content of the draft and fully justified, suggests refunding the drafting modifications, coordination or recommended deferring the development of the regulatory documents.

    12th draft normative documents required by the development of relevant meetings of the organs decided collectively, the normative documents adopted after discussion, other authorized by the Chief or principal responsible head signed releases. 13th regulatory documents shall be formulated by the authorities in accordance with the relevant provisions of the disclosure of Government information to the public.

    Was not announced to the public, not as the basis for Administration.

    Regulatory documents shall be published in the Official Gazette of the Government information website, or also by newspapers, magazines, radio, television and other news media reported.

    Article 14th regulatory documents shall be implemented since the release date of 30th, but due to the need to protect national security and vital public interests, or release immediately after the execution could affect laws, rules, regulations and except for the implementation of the national policy.

    Chapter III of normative documents for the record

    15th of municipal or County (City) Department of Legal Affairs of the district people's Government is responsible for the oversight in the normative documents for the record.

    16th developing higher level executive authorities in accordance with the following provisions (hereinafter referred to as the record of supervisory authority) to submit for the record:

    (A) the County (City) district people's Government, the municipal government departments, regulatory documents established by the Agency of the municipal government, submitted to the municipal people's Government for the record;

    (B) the township (town) people's Government, County (City) district people's Government departments to formulate normative documents, County (City) district people's Government for the record;

    (C) may, in accordance with the development of organizations in the development of regulatory documents regulatory documents, reported that the people's Governments at the corresponding level for the record.

    Two or more administrative bodies jointly developed by normative documents, provided by the host authorities in accordance with the preceding paragraph to submit for the record. Article 17th authority shall submit regulatory documents published within 15th of the record. Submit filing should be submitted when filing reports, normative document text and notes, and follow the prescribed format bound, made in 3 copies. Normative documents according to the laws, regulations, rules, and other development, when submitted for the record, it should be accompanied with the formulation based on 1.

    Conditions should be submitted electronic texts of normative documents.

    18th submit regulatory documents in accordance with article II of this approach, the 17th article, for the supervisory authority of the Department of Legal Affairs registration; do not meet the requirements of article, no registration; conforms to the article but not in conformity with article 17th, defer to register, after informing the development of supplementary materials submitted for the record again.

    Article 19th Legal Department shall conduct a review of normative documents submitted for the record in accordance with the relevant provisions.

    Upon review, normative documents of ultra vires and contravenes provisions of law or WTO rules, provisions or inappropriate or contrary to the legal procedure, the level or the higher level people's Government the Department of Legal Affairs shall be ordered to make his correction; refuse to correct, the upper-level or level revoked legislative affairs departments, and informed the development authority.

    Normative documents on the technical problems of legal departments can submit opinions to the enacting body, by the enacting body to deal with.

    Normative documents for the record review 20th an annual statistical reporting system.

    The County (City) district people's Government the Department of Legal Affairs shall, by January 20 of each year, registered the previous year, the people's Governments at the corresponding level for the record's review of regulatory documents, submitted to the municipal people's Government, the Department of Legal Affairs.

    Cities and counties (cities) and districts shall inform the normative documents record the work of the people's Government.

    Fourth chapter assessment monitoring and accountability

    Article 21st and introduction of normative documents for the record, into the index evaluation system of administration by law in the city.

    22nd normative documents of the enacting body shall, within the last 10 days of the end of each quarter, on a set list of all the files in the quarter level or levels for Legislative Affairs Department for reference; developed by the end of January each year for the preceding year on the list of all the files of level or levels for Legislative Affairs Department for reference.
City, County (City) area Legislative Affairs Department shall, through access, sampling the enacting body and related documents, such as the register of issued, to supervise the implementation of normative documents record check, the enacting body shall cooperate.

    23rd article in violation of these regulations, laws, rules and regulations of existing provisions, in accordance with the relevant provisions.

    24th normative documents has one of the following, by the city and County (City) district people's Government the Department of Legal Affairs shall order rectification fails, criticized in serious cases, and recommends that the relevant authorities directly responsible and other persons directly responsible shall be given administrative sanctions:

    (A) publishing normative documents do not submit records or were not in accordance with the time limits, format, submitted for the record;

    (B) is not in accordance with the provisions issued a list of submitted for recordation;

    (C) the Government legal departments when examining the normative documents for the record, does not provide information, refusal to cooperate with or concealing the real situation;

    (D) processing of the level or the Legislative Affairs Department on opinion, decided to refuse to perform or delay the performance of.

    The fifth chapter by-laws

    Abolition article 25th body modification, normative documents, reference to these measures.

    Article 26th city system integrity assessment of pilot departments and regions, normative documents and filing work, while respecting the integrity of system evaluation policies. 27th article this way come into force on the date of promulgation.