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Normative Documents, Jilin Province Approaches

Original Language Title: 吉林省规范性文件制定办法

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Formulation of normative documents in Glin Province

(Summit 2nd ordinary meeting of the People's Government of Glin, 19 February 2013, considered the adoption of Decree No. 240 of 18 March 2013 by the People's Government Order No. 240 of 18 March 2013, effective 1 May 2013)

Article 1, in order to enhance the management of normative documents, to ensure the quality of normative documents, to preserve the harmonization of the rule of law, to develop this approach in line with the relevant provisions of the State.

Article 2 of this approach refers to normative documents, which, in addition to government regulations, are formulated by the executive organs of the province in accordance with their statutory or legal, legislative and regulatory mandates, in relation to the rights of citizens, legal persons and other organizations, which are generally binding and may be applied repeatedly within a certain period of time.

The administrative organs referred to in this approach include the following units:

(i) Government of all levels;

(ii) The work sector of the people of the district level;

(iii) Provincial and municipal government offices;

(iv) Organization mandated by law, legislation;

(v) Other organs competent to exercise administrative authority, in accordance with their statutory responsibilities.

Article 3

The name of the normative document generally refers to the provisions, methods, rules, decisions, observations and announcements. In order to implement the legal, regulatory, regulatory and normative documents of the superior administration, the name should generally be “implemented”.

Normative documents are generally formulated in the form of provisions. In addition to the complexity of the content, chapters and sections are generally different.

Article 5 Normative documents should be consistent with the provisions of laws, regulations and regulations, consistent with streamlined, harmonized, effective and open principles, reflecting the requirement for consistency of responsibility.

The development of normative documents should improve the culture and make it necessary to speak about effectiveness. The terms of normative documents are accurate, concise, clear, specific and operational.

Article 6. The executive body shall control the number of normative documents. The legal, regulatory, regulatory and normative documents of the superior administrative body have been clear, and normative documents at the lower level are not in principle repeated.

Article 7. Nor shall normative documents create administrative licences, administrative enforcement, administrative penalties and matters to be determined by law, regulations and regulations. The obligation of citizens, legal persons and other organizations must not be violated, limiting the rights of citizens, legal persons and other organizations.

Article 8 establishes a normative document in principle the introduction of planned management. The normative document-making body prepares and delivers annual plans for normative documents based on administrative needs at the beginning of each year.

Article 9. Normative documents are drafted or drafted by the designating body. The normative documents developed are professional or involve a major public interest or a high degree of social attention, and the design body may invite experts to participate in the drafting or entrust the relevant experts with drafting.

Article 10 units drafting normative documents should conduct research on the need and feasibility of developing normative documents, issues to be addressed in normative documents, the legitimacy, legitimacy, legitimacy, and feasibility of the proposed major systems, measures, etc.

Article 11 units drafting normative documents should be consulted in writing with the views of the relevant organs, organizations and may be heard on the basis of a variety of approaches, such as the need for colloquiums, memorials and hearings.

Normative documents relate to major public interest or directly to the interests of the majority of citizens, legal persons or other organizations, and the drafting of normative documents should be widely consulted through government websites, sectoral websites or other public-friendly means. The period of public consultation should not be less than 15 working days.

Article 12. Units drafting normative documents should carefully study the views and recommendations of the agencies, organizations and citizens concerned and should fully absorb reasonable opinions and provide feedback in a manner appropriate.

The bodies concerned have important differences in the content of the draft normative document and the units that draft normative documents should be fully consulted. After consultation, agreement cannot be reached, it should be reported to the Government of the current people or to the executive branch.

After completing the drafting of the normative document, the following materials should be delivered to the normative document formulation body:

(i) Request for the publication of normative documents;

(ii) Draft normative document;

(iii) Drafting notes on normative documents;

(iv) The drafting of laws, regulations, regulations and orders, decisions on the basis of normative documents;

(v) Relevant material for consultation;

(vi) Other relevant materials.

The drafting note of normative documents should contain the need for the development of normative documents, the feasibility, the hearing and adoption of views in the formulation process, and the outcome of the coordination of significant disagreements.

The normative documents of the Government, including normative documents developed by the Government, with the consent of the Government, should be reviewed by the rule of law sector of the people at this level prior to the Government's consideration; normative documents developed jointly by the Government, including sectoral normative documents, should be reviewed by the rule of law institutions in this sector. The Government or the sector are not considered without review of legality.

Article 15 Review of legality includes, inter alia, the following:

(i) Whether the subject is lawful;

(ii) Would go beyond the legislative authority or the authorization of legislation, regulations;

(iii) In conformity with legal, regulatory, regulatory and superior policy provisions;

(iv) Does not violate the provisions of article 7 of this approach;

(v) In conformity with the procedures for the development of normative documents;

(vi) Will conflict with other normative documents;

(vii) Other elements requiring review.

Article 16 of the Government's rule of law, sector rule of law bodies, when reviewing normative documents, have the right to request the drafting units of normative documents to provide clarifications, information and justifications on matters related to normative documents, and the units drafting normative documents should be actively aligned with the review. The Government's rule of law and sectoral rule of law institutions could suspend the review.

The Government's rule of law sector, the sectoral rule of law body, in accordance with the needs of the review process, may organize further research studies for the drafting of normative documents, seek the views of the relevant organs, organizations and citizens, organize expert opinions and organize such activities as hearings.

Following the review of legality by the Government's rule of law, the sectoral rule of law bodies, the revision of normative documents has been improved, the creation of a review of legitimacy and the submission of the draft normative document completed and the review of legitimacy to the development body.

Following a review of normative documents by the Government's rule of law sector, sectoral rule of law bodies, it was considered that the conditions for the development of normative documents were not ripe or that they were not resolved in conformity with existing laws, regulations, regulations or regulations, or that the relevant bodies had important differences in normative documents and had not been coordinated, and that recommendations for the suspension of normative documents could be made to the design organs.

Article 19, which requires the immediate development of normative documents, may be simplified by approval by the Government of the current people or heads of this sector, but must be reviewed by legitimacy.

Article 20 After the discussion, it was generally signed by the Government or key heads of the sector.

Article 21, the normative document development body has issued a unified registration, uniformity and harmonization of normative documents. Normative documents should be published in a manner that facilitates public awareness, including through government bulletins, government websites, government rule of law websites, sectoral websites. No public release shall be used as a basis for administration.

Article 2 should clarify the date on which the normative document should be implemented, and should be applied in general after 30 days of the date of publication. However, due to the security of national security, the need for a major public interest or the fact that no immediate application would impede the implementation of laws, regulations, regulations and superior policies, can be carried out from the date of publication.

Article 23 should be submitted within 15 days of the date of publication, in accordance with the provisions of the Guidelines on Norms of Regulatory of the Regulations of the Chilin Province.

Following the implementation of Article 24 normative documents, the formulation of organs should conduct an assessment of implementation and be cleared in a timely manner in accordance with the needs of economic and social development. Clearing is carried out in accordance with the provisions of the Guidelines for the Clearing of normative Documents in the provinces of Glin.

Article 25 Individuals responsible for direct responsibility and other relevant personnel are treated in accordance with the law; they constitute crimes and are criminally prosecuted by law.

Article 26 Normative documents are interpreted by the designating body.

Article 27 of this approach is implemented effective 1 May 2013.