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Inner Mongolia Autonomous Region, Normative Documents And Filing Methods Of Supervision

Original Language Title: 内蒙古自治区规范性文件制定和备案监督办法

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Formulation and follow-up of normative documents in the self-government region of Mongolia

(Summit 12th ordinary meeting of the Government of the People of the Autonomous Region of Mongolia on 26 November 2012 to consider the adoption of the Order No. 191 of the People's Government of the Mongolian Self-Government Zone, No. 191 of 11 January 2013, on the date of publication)

Chapter I General

Article 1, in order to enhance oversight of normative documents, to promote the harmonization of the socialist rule, to develop this approach in line with relevant national legislation, legislation and administrative law enforcement supervision regulations in the self-government area.

The normative document referred to in article II of this approach refers to organizations authorized by executive bodies and laws, regulations and regulations that are responsible for the management of the functions of public affairs (hereinafter referred to as legal, legislative and regulatory bodies), developed under the statutory procedures, covering the rights, obligations of citizens, legal persons or other organizations, within the scope of their administration, and administrative documents that have been applied repeatedly within a certain period of time in addition to government regulations.

The internal affairs management system developed by the executive branch and the legal, regulatory authority, requests and reports to senior executive bodies, administrative handling decisions on specific matters and other non-binding administrative documents are not applicable.

Article 3 provides for the development and clearance of normative documents in the administrative region of the autonomous zone, which is applicable.

Article IV leads and organizes the implementation of normative documentation in the present administration.

In accordance with their respective responsibilities, the Office of the People's Government (rooms), the rule of law institutions of the Government of the people above the flag district level, the work of the Government and the legal, regulatory and regulatory bodies mandated to organize the review and preparation of the monitoring process.

Article 5

(i) Guarantee the implementation of laws, regulations and regulations;

(ii) Maintenance of the unity and political order of the socialist rule;

(iii) Maintenance of the legitimate rights and interests of citizens, legal persons and other organizations;

(iv) Maintain public participation and public justice;

(v) Structural harmonization, effectiveness and accountability.

Article 6. The Government of the people at the flag district level should develop and submit a monitoring of normative documents to incorporate into the legislative executive appraisal of the Government of the lower-level people and the Government's work.

Chapter II

Article 7. The following executive organs and organizations may formulate normative documents:

(i) Government of all levels;

(ii) The police station established by law by the Government of the people at the flag district level;

(iii) The work sector of the people's government at the flag level;

(iv) Legal, legislative and regulatory mandates.

Interim institutions, proceedings coordinating bodies, sector dispatch agencies, sector-based institutions and other bodies and organizations other than the previous paragraph shall not formulate normative documents.

Article 8 Nor shall normative documents create administrative licences, administrative penalties, administrative enforcement, administrative charges, and no legal, regulatory and regulatory provisions shall increase the obligations of citizens, legal persons or other organizations, shall not limit or deprive citizens, legal persons or other organizations of their rights; and shall not create other matters that should be provided for by law, regulations, regulations or prior normative documents.

Article 9. Normative documents are drafted by the designating body, with a high degree of professionalism or a greater degree of difficulty, and institutions can commission relevant experts and organize drafting.

The Government of the people above the flag district has developed normative documents that can be identified by one of its or several working sectors. With regard to the functions of the two working sectors, the relevant departments should be jointly drafted.

Article 10. Drafting normative documents should conduct research on the need for normative documents, feasibility, the reasonableness of the proposed major systems and measures.

Article 11. Drafting normative documents should widely seek the views of civil, legal and other organizations. The consultation may take a variety of forms, such as the publication of the draft, written consultation, the convening of a colloquium and analyst.

The draft publication to society should be made available through the Government website or through other means that would facilitate public awareness, without less than 15 days.

In one of the following cases, hearings should be held when drafting normative documents:

(i) A greater impact on the interests of citizens, legal persons or other organizations;

(ii) There are significant differences in the relevant sectors, organizations or citizens;

(iii) The formulation of organs or drafting units considers necessary;

(iv) Other circumstances in which hearings should be held should be organized by law, regulations and regulations.

Article 13 The hearings shall be organized by the normative document development body or by the drafting body in accordance with the following procedures:

(i) The date, place and content of the hearings to be published in advance on 7 July;

(ii) To identify the participants in the hearings in accordance with the principles of openness, equity and impartiality, and the participants should include the executive branch, the stakeholders, expert scholars in the relevant fields, the establishment of organs or drafting units, representatives and citizens of other organizations considered necessary to participate;

(iii) At the time of the hearings, statements by organs or drafting units on draft normative documents were made by the participants;

(iv) The hearings shall produce a record and be signed or signed by the participant.

The reasonable comments and suggestions made by the organ or the drafting body for the hearing participants should be adopted.

The normative documents drafted in article 14 relate to the functions of the relevant sectors, and the formulation of organs or drafting units should seek advice from the relevant sectors and be consensual. There was no agreement between the consultations and the Government of the people entitled to deal with them was asked to decide.

Article 15. Drafting governmental normative documents and drafting units should send the copies and their statements, the basis, the request for comments to the Executive Office of the Government (rooms), and the Executive Office of the Government (rooms) undertakes a review of the legitimacy of the Government's rule of law institutions after reviewing the integrity and normative aspects of the material.

Drafting sectoral normative documents should send a copy of the review and the related materials, such as their statements, the basis, the request for comments, to the rule of law bodies of the sector.

The Government's Executive Office (rooms) and the drafting units should guarantee the necessary time for review by the rule of law institutions.

Article 16 should establish the rule of law institutions of the organs to conduct a comprehensive review of the legal nature of normative documents and to submit a review of legitimacy to the organs. No consideration and issuance shall be brought to the attention of the Committee without review of legality.

The rule of law bodies require that the drafting cell be supplemented, clarified or that the relevant units are required to assist in the review and that the drafting units and related units should be synchronized.

Article 17, when the rule of law body reviews the delivery of normative documents, makes recommendations to the Executive Office (room) or to the drafting body, as set out below:

(i) It is clear that the main regime and measures that go beyond the competence, the main content of the law or are to be established are unreasonable and that the normative document is not proposed;

(ii) In the absence of research warrants and without extensive consultation, hearings should be heard without hearing, and recommends that the drafting cell be completed;

(iii) There is a greater debate on the main content in the relevant sectors and no consensus has been reached and the drafting cell is recommended for consensus;

(iv) Specific provisions that are not lawful and make specific changes.

When the rule of law body examines the delivery of normative documents, there is a major problem or a greater controversy, it is important to hold an argument by the relevant departments, organizations, experts and, if necessary, to hold hearings to seek the views of the relative executives.

Article 19, adopted by the review of the legitimacy of normative documents, should be brought to the collective consideration of the body.

The Government's normative documents should be discussed by the Standing Committee of the Government; sectoral normative documents should be considered by the sectoral executive head. Normative documents should be issued by the principal heads of organs or other heads of delegation.

Article 20 provides a greater change in the content of normative documents after collective consideration and should be referred to the rule of law bodies for review.

Article 21 Nor shall the normative documents be issued without research, extensive consultation, review of the legitimacy of the rule of law institutions, and collective discussions. However, with respect to security, the maintenance of major public interest and the implementation of emergency orders, the need for the immediate development of normative documents, which could be simplified by the approval of the main heads of the institutions.

Article 22 Normative documents should be made available to the community within 20 days of the date of publication through media such as the Government's bulletin, the Government website or local newspapers. Unpublished societies shall not serve as a basis for administration.

Article 23 should be implemented after 30 days of the date of publication. However, because of the need for security, maintenance of major public interest and implementation of emergency orders, or the absence of immediate implementation would impede the implementation of existing laws, regulations, regulations and top normative documents.

Article 24 imposes an effective time frame for normative documents not exceeding five years. The name is “provisional”, “a pilot”, with two years of effectiveness. Normative documents should be clearly valid for the effective period from the date of implementation of normative documents.

Article 25 should be developed by organs to assess their implementation six months prior to the expiration of the normative document, confirm the need for an extension of the period of effectiveness, re-issuing implementation and recalculating the period from the date of publication.

The duration of the extension of normative documents shall not exceed the period of validity.

The name of the normative document is “provisional”, “a pilot” and shall not extend the period of effectiveness.

Article 26 shall be established by the organ to conduct a clean-up of normative documents every two years, which shall be made available to the community within 30 days for the publication of a list of normative documents that continue to be effective, repealed and invalid and, in accordance with article 29 of this approach, for submission of requests.

Nor does the normative documents that continue to be validated should be used as a basis for administration.

Article 27 contains one of the following cases, and the body should be amended or repealed in a timely manner:

(i) Be incompatible with existing laws, regulations, regulations and top normative documents or based on deficiencies;

(ii) Adjustment targets are not available;

(iii) Including inappropriate elements such as local protection, industrial protection;

(iv) Failure to adapt to the needs of economic and social development;

(v) The requirement for changing functions with the Government is inconsistent;

(vi) Other cases should be amended and repealed.

Amendments to normative documents, procedures for repealing procedures are implemented in the light of this approach.

The right to interpret normative documents is an organ in place. The interpretation of normative documents is prepared by the designating body or the drafting unit, which is subject to the relevant provisions of this approach, after review by the rule of law body. The interpretation of normative documents is equally effective with normative documents.

Chapter III Oversight of the submission of normative documents

Article 29 should be sent within 30 days of the date of publication, in accordance with the following provisions:

(i) The normative documents developed by the people's governments at all levels are sent to the top-level Government;

(ii) The presentation of normative documents developed by the people's work sector at the flag district level to the Government of the people;

(iii) The normative documents developed jointly by the Government of the people at the flag district level and with other bodies or units, which are sent back to the Government of the people at the grass-roots level;

(iv) The normative documents developed jointly by the two executive organs, which are sent by the host authorities to the Government;

(v) The normative documents developed by the Office of the People's Government, which is sent to the People's Government for the establishment of the office;

(vi) Laws, regulations authorize organizations to submit copies of normative documents to the Government of the people at this level.

Normative documents extend the period of effectiveness, which is submitted in accordance with the preceding paragraph.

The following materials should be submitted to the governmental rule of law bodies responsible for the review at the time of the submission of the normative document:

(i) Report on the normative documentation reserve;

(ii) Texts and electronic texts of normative documents;

(iii) A statement of paper quality and electronic texts in normative documents;

(iv) The basis for normative documentation;

(v) Review of the legitimacy of the rule of law institutions.

Article 31

(i) The purpose, necessity and feasibility of developing normative documents;

(ii) The main basis for the development of normative documents;

(iii) The drafting process of normative documents, the consultation process and the collective discussion of decisions;

(iv) Key issues addressed in normative documents, the main systems and measures established;

(v) Other issues requiring clarification.

Normative documents simplify the process or operate from less than 30 days from the date of publication, which should be justified.

Article 32 of the Government's rule of law bodies have received normative documents for the filing of reports, which should be registered within 5 days; they are not a normative document, refunding the material to the development body and explaining the grounds; and do not meet the provisions of article 33 of the present approach and article 31 thereof, requiring the development of organs to be added within 15 days, and that the filling of the matter remains incompatible with the provisions or is not completed, and is considered unsubmissioned.

Article 33 of the Government's rule of law bodies undertake a review of the normative documents of the referral case:

(i) Would go beyond competence;

(ii) Whether it is incompatible with the law, regulations, regulations and top normative documents;

(iii) In conformity with the procedures established under this approach;

(iv) Is appropriate;

(v) Does not contradict other normative documents;

(vi) Other matters requiring review.

In reviewing normative documents, Article 34 of the Government's rule of law bodies found that the provisions of the normative documents of both or more sectors of the same-level people, which were applicable as normative documents, should be reported to the Government of the people; it was found that the normative documents of the Government of the lower-level people were inconsistent with the provisions of the normative documents of the superior people's government authorities and should be presented to the Government's decisions.

The report requested the Government to decide on the basis of application, and the review of normative documents should be suspended and the duration of the suspension was not calculated at the time of the review.

Article XV of the Government's rule of law institutions, when reviewing normative documents, need to assist in the review or seek advice from the relevant units, which should be assisted and responded within the specified time frame.

In reviewing normative documents by the Government's rule of law bodies, issues identified are addressed in accordance with the following provisions:

(i) Normative documents go beyond competence, content law or apparent misappropriation, and the issuance of normative document review oversight orders to correct;

(ii) In violation of the procedures established under this approach, the issuance of a letter of credit for the review of normative documents was re-issued after the process;

(iii) There are conflicts and coordination with the normative documents of the people's government departments at the current level; coordination is unanimous; and the submission of decisions by the Government of the People's Government to deal with comments.

Article 337, after having received a letter of supervision from the normative document review body, the results of the written feedback to the Government's rule of law body responsible for the review of the case should be provided within the specified period. The Government's rule of law should be brought to the Government of the people at this level to withdraw the normative document without justification or to reject the enforcement of the supervisory letter of the normative document and to release the decision to the society.

Article 338 of the Government's rule of law bodies shall review the normative documents of the submission, which shall be completed within 30 days of the date of the registration of the case, with a greater professional or special case, with the approval of the principal holder of the extension period of review, but the extension period shall not exceed 15 days.

Article 39, civil, legal or other organizations consider that normative documents are in conflict with the law of the Government and the rule of law responsible for the review of the normative document, may submit written review requests directly to the Government's rule of law institutions of the self-government; normative documents belonging to the vertical administration may also submit written review requests to the rule of law body at the executive level.

Article 40 Government rule of law institutions shall conduct a formal review within 5 days of the date of receipt of the application for the review of objections submitted by citizens, legal persons or other organizations to the normative documents, which is not a normative document or within the scope of the supervision of the State's rule of law institutions, shall be communicated to the applicant; the extent of the oversight of the law of the current people shall be admissible and completed within 60 days of the date of receipt.

The Government's rule of law bodies review normative documents for the review of objections, in accordance with article 33 of this approach. The issues identified are addressed in accordance with article 36 of this approach and are communicated to the applicant in writing to the results.

Article 40. The Government of the People's Rule of Law Institutions of the Self-Government shall be responsible for the processing of governmental rule of law institutions responsible for the review, within the time frame of their application for the review of objections submitted by citizens, legal persons or other organizations to normative documents and shall report on the results to the Government's rule of law institutions that are not members of the self-government.

Article 42 of the Government's rule of law bodies should regularly publish the list of normative documents registered in the reserve through the Government website or the Government's bulletin.

Article 43 of the Government's rule of law institutions should report on normative documentation in the region in the last year to the Government of the current people and the State at the grass-roots level in the first quarter of each year.

More than the people at the flag district level should be informed in the first quarter of each year of the development and documentation of normative documents in the region.

Chapter IV Legal responsibility

Article 44, in violation of this approach, provides that one of the following cases is criticized by the Government of the people at this level or by the Government of the people at the grass-roots level; in the event of serious or serious consequences, by an agency or by the inspectorate, to the administrative disposal of the competent and other direct responsibilities directly responsible by law:

(i) Existence in the development of normative documents beyond competence;

(ii) The establishment of normative documents shall be subject to legal, regulatory, regulatory and top normative documents;

(iii) Develop normative documents in violation of the procedures established under this approach;

(iv) No response or refusal to implement the letter of oversight of the normative document review is justified.

Article 42, in violation of this approach, provides that normative documents have not been sent or have not been sent in accordance with prescribed deadlines and formats, and are being responsibly corrected by the Government's rule of law body responsible for the review process, without justification for refusing to correct and reminding the Government of the people at this level of criticism.

Article 46 states that the rule of law institutions of the Government of the flag and above do not monitor normative documents in accordance with the provisions of this approach, which is criticized by the Government of the people at this level or by its superior authorities.

Chapter V

Article 47 regulates the normative documents issued by the Executive Office of the People's Government (rooms) at the above-mentioned level with the consent of the Government of the people.

Article 48 is implemented in accordance with this approach through the development and clearance of normative documents by vertical management.

Article 49 establishes the form of a normative instrument for the development and preparation of a case-by-case monitoring instrument, which is harmonized by the rule of law institutions of the self-government.

Article 50 is implemented since the date of publication. The Government of the People of the Autonomous Region (Autonomous Region of Mongolia) adopted on 17 August 2004 a methodology for the development and preparation of normative documents for the self-government of the Interim Mongolian Autonomous Region (No. 135) was repealed.