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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387155.shtml

Inner Mongolia autonomous region, normative documents and filing methods of supervision

    (November 26, 2012 people's Government of Inner Mongolia autonomous region, the 12th Executive meeting January 11, 2013, the people's Government of Inner Mongolia autonomous region the 191th release come into force on the date of promulgation) Chapter I General provisions

    First in order to strengthen the supervision of regulatory documents, promoting administration according to law, safeguard the Socialist legal system, in accordance with relevant laws, regulations and administrative law enforcement supervision regulations of the Inner Mongolia autonomous region, and combined with State practice, these measures are formulated.

    Second article this approach by said normative file, is refers to administrative organ and legal, and regulations authorized of has management public affairs functions of Organization (following referred to legal, and regulations authorized organization), in statutory terms range within in accordance with statutory program developed of, involved citizens, and corporate or other organization right, and obligations, in this administrative or its management range within has general binding, and in must period within repeatedly applies of except Government regulations zhiwai of administrative file.

    Executive Organization authorized by laws and regulations and established internal affairs management system, up-level administrative organs and reports, on specific matters of administrative decisions and other administrative documents do not generally binding, the procedures do not apply.

    Article autonomous region and introduction of normative documents for the record in the administrative area supervision procedures apply.

    Article at all levels shall lead and organize the implementation of this administrative area of normative documents and record monitoring work.

    Office of the people's Governments above the county level (lounge), flag flag of legal institutions, the people's Government above the county level people's Governments above the county level departments and organization authorized by the laws and regulations of legal organization, according to their respective duties, is responsible for oversight in the normative documents review and filing.

    Article fifth normative documents development and filing of supervision shall be guided by the following principles:

    (A) ensure the implementation of laws, rules and regulations;

    (B) safeguard the Socialist legal system and Government decrees;

    (C) safeguard the legitimate rights and interests of citizens, legal persons and other organizations;

    (D) adhere to public participation, openness and fairness;

    (E) adhere to the streamlining, effectiveness and responsibility ...

    Article sixth people's Government above the county level should be normative documents and filing work, into the lower level people's Governments and the people's Government departments administrating contents.

    Chapter II establishment of normative documents

    Article seventh the following executive agencies and organizations have developed regulatory documents:

    (A) the people's Governments at all levels;

    (B) agencies of the people's Governments above the county level established by law;

    (C) Government departments above the county level;

    (D) the organization authorized by laws and regulations.

    The provisional institutions, the deliberation and coordination agencies, departments, agencies, departments, organs and other bodies and organizations other than those provided for in the preceding paragraph shall make no normative documents.

    Article eighth regulatory documents shall not be establishment of an administrative license, administrative punishment and administrative compulsory, administrative charges without provisions of laws, regulations and rules, shall not increase the obligations of citizens, legal persons or other organizations shall not be restricted or deprived of the rights of citizens, legal persons or other organizations; not set by law, regulations or rules or host other matters stipulated in normative documents.

    Nineth normative documents drawn up by the enacting body, highly specialized or broad, difficult, enacting body may appoint experts and organize the drafting. The people's Governments above the county level shall develop normative documents, can be determined by one or several of its departments responsible for drafting.

    Involving more than two functions of the Department, the departments concerned should be drawn up jointly.

    Tenth draft normative documents, normative documents of the necessity and feasibility of, plans to create a major research demonstrated the rationality of systems and measures. 11th draft normative documents, shall solicit the views of citizens, legal persons and other organizations.

    Comments can be taken to the public draft, written comments, will hold a seminar and demonstration and other forms.

    Draft to the public through the Government Web site or published in favour of other well-known to the public for comment period not later than 15th.

    12th under any of the following circumstances, drafting of regulatory documents shall convene a hearing:

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

    (B), organizations or citizens advice regarding major differences;

    (C) developing organ or drafting unit deemed necessary;

    (D) the laws, rules and regulations shall convene a hearing in other circumstances.

    13th hearing should be established by the normative documents or the drafting of organization units in accordance with the following procedures:

    (A) 7th in advance the time and place of the hearing, the content;

    (B) in accordance with the principles of openness, fairness and justice determine the participants in the hearing, participants in the hearing should include administrative relative person, interested parties, relevant experts and scholars in the field of developing or drafting unit deemed necessary representatives of other organizations and citizen participation;

    (C) hold hearings, drafted by the enacting body or unit clarification on a draft normative documents, comments and suggestions are participants in the hearing;

    (D) a record shall be kept of the hearing and signed or stamped by the participants in the hearing.

    Developed for participants in the hearing organ or drafting units of the reasonable opinions and recommendations should be adopted. Article 14th draft normative documents related functions, developing organs or units shall consult the relevant departments, and consensus.

    Consultations no agreement and submit them to the competent to deal with people's Government for decision.

    15th draft government regulatory documents, drafting unit should draft and notes, according to, the request for comment, and other related materials submitted to the Office of the Government (), the Office of the Government (room) in the integrity of the material and regulatory review, and forwards the Government legal organization for legal review.

    Drafting departmental normative documents, drafting unit should draft and notes, according to, the request for comment, and other related materials submitted to the Department legal review of legality.

    The Office of the Government (room) shall ensure rule of law institutions necessary for the drafting and review time. Article 16th legal normative documents should be subject, authority, procedures, a comprehensive review of the legality of content and validity review submission to the enacting body.

    Without a legal review, and shall not be submitted for deliberation and examination.

    Legal requirements draft supplementary basis, explain the situation, and asked related departments to assist in the review, drafting unit and the units concerned shall cooperate.

    When the 17th rule of law institutions review regulatory documents draft, issues found, in accordance with the following provisions to the General Office of the enacting body (room) or draft recommendations:

    (A) ultra vires, the main content is illegal or plans to create a primary system and measures manifestly unreasonable, does not recommend the development of the normative documents;

    (B) research argues, failure to consult widely, hearing without hearing, proposed drafting correction procedures;

    (C) the relevant departments of the main content dispute, not consensus, proposals drafted by consensus;

    (D) specific provisions are not legitimate, specific modifications.

    Article 18th when the rule of law institutions review regulatory documents draft, involve the major or controversial, should be held by the relevant departments, organizations and experts to participate in the feasibility study meeting and, if necessary, can hold hearings, sought the views of the administration.

    Article 19th legality normative documents have been approved, should be brought to the development of collective consideration. Government Executive meeting of the regulatory documents shall be approved by the Government; sector regulatory documents shall be the administrative head of Department meetings for discussion and decision.

    Regulatory documents shall be formulated by the authorities in charge or charge authorized by the head issue.

    Article 20th after collective deliberation, the normative documents have a greater change, should once again review by legal bodies. Article 21st normative documents without a research demonstration and consultation review of legality, the rule of institutions, collective discussion and decision procedures shall not be promulgated.

    But concerns the protection of security and vital public interests and implementing the emergency order requires immediate development of normative documents, approved by the enacting body primarily responsible to simplify research demonstration and consultation procedures. 22nd regulatory documents shall be from the date of publication in the 20th through the Official Gazette, Government Web sites or local newspapers and other media to the public.

    Was not announced to the public, shall not be used as the basis of administration. Article 23rd regulatory documents shall be implemented since the release date of 30th.

    But because of concerns the protection of security and vital public interests and the need for implementing emergency command, or release immediately after the execution would hinder the current laws, rules and regulations, as well as superior except implementation of normative documents. Validity of article 24th of normative documents system, valid for not more than 5 years. Name as "provisional", "pilot", valid for 2 years.

    Validity of regulatory documents shall be clear, effective normative documents of the validity date.

    Article 25th organs should be 6 months before the expiry of the current normative documents to assess its implementation, it is necessary to extend the period of validity, republish the implementation, from the release date of the recalculation.

    Standard file extension may not exceed the validity of the original.

    Standard file name as "provisional", "pilot", does not extend the period of validity.

    26th the enacting body shall every two years to a cleanup of the normative documents, cleaning should be announced to the public in the 30th after continuing effective, revocation and invalidation of regulatory documents, and submit for the record in accordance with article 29th of this approach.

    Not included in the continuing list of valid normative documents, shall not be used as the basis of administration.
27th normative documents has any of the following circumstances, the enacting body shall be promptly amended or annulled:

    (A) with the existing laws, regulations, rules and host computer basis contrary to normative documents or missing;

    (B) adjust the object no longer exists;

    (C) contain inappropriate content such as local protectionism, trade protection;

    (D) does not meet the needs of economic and social development;

    (E) not consistent with the requirements of the transformation of government functions;

    (Vi) other circumstances that should be amended, repealed.

    Modify, repeal procedures in accordance with the measures of normative documents establish procedures regulations. 28th interpretation of normative documents belong to the enacting body. Interpretation of the normative document, drafted by the enacting body or unit developing the draft explains, after review by the legal entity, in accordance with the relevant provisions of this approach issued.

    Interpretation of normative documents and normative documents have the same effect.

    Chapter III of normative documents record monitoring

    Article 29th regulatory documents shall be from the date of publication in the 30th, submitted for the record in accordance with the following provisions:

    (A) the normative documents submitted to the higher level people's Government of the people's Governments at all levels to develop the record;

    (B) normative documents formulated by the people's Governments above the county level departments submit level people's Government for the record;

    (C) the flags of other organs or units of the people's Governments above the county level and the joint development of normative documents, submitted for the record by the flags up the people's Governments above the county level Government;

    (D) two or more administrative authorities joint development of normative documents, by the competent authorities shall record submission to the people's Governments at the corresponding level;

    (E) the Agency of regulatory documents developed by the people's Governments above the county level, submitted to the establishment of the people's Government of the Agency's record;

    (F) the laws and regulations authorize the organization develops normative documents submitted to the people's Governments at the corresponding level for the record.

    Normative documents extend the period of validity, in accordance with the provisions of the preceding paragraph to submit for the record.

    Article 30th when normative documents submitted for the record, should be submitted to the Government legislative bodies responsible for recording review the following materials:

    (A) the normative documents for filing reports;

    (B) normative documents print texts and electronic texts;

    (C) normative documents note paper and electronic texts;

    (Iv) normative documents basis;

    (E) the legitimacy of the legal review.

    31st normative documents description should include the following:

    (A) the purpose, necessity and feasibility of developing normative documents;

    (B) the main basis for development of normative documents;

    (C) the drafting of normative documents, requesting comment, decided collectively;

    (Iv) normative documents to solve the main problem, setting the primary system and measures;

    (V) other issues of note.

    Normative documents simplified procedures or implemented since the release date less than 30th, it shall explain the reasons.

    Article 32nd government legal agencies received submissions filed regulatory documents, shall be within the 5th registration; not part of normative documents and related materials will be returned the enacting body and state the reasons; do not comply with the provisions of article 30th, 31st, and requires its correction in the 15th, still does not meet the requirements or fails after the correction correction, shall be deemed not filed.

    Article 33rd government legal agencies to review the normative documents submitted for the record on the following issues:

    (A) it is ultra vires;

    (B) with the laws, rules and regulations, as well as upper contrary to normative documents;

    (C) whether the procedures as provided herein;

    (D) if appropriate;

    (E) conflict with other normative documents;

    (Vi) other matters requiring review.

    Article 34th when the Government legal organization in the review of regulatory documents, found as a normative document applicable according to the people's Government at the two or more sectoral normative documents are inconsistent, should be submitted to the people's Government decision found that lower level people's Governments regulatory documents regulatory documents are inconsistent with the higher people's Government departments, shall be submitted to the higher level people's Government decision.

    Award application basis reported to the people's Governments shall be suspended the review of regulatory documents, period not included in the record in the review period.

    35th when the Government legal organization in the review of regulatory documents, require units to assist in the review, or to the relevant mainland authorities for comments, the units concerned shall give assistance and response within the time stipulated.

    Article 36th Governments when the rule of law institutions review regulatory documents, issues found, in accordance with the following provisions:

    (A) the normative documents beyond the permissions, content is illegal or the appearance of impropriety, issuing regulatory documents notice of examination and supervision shall be ordered to correct;

    (B) normative documents in violation of the rules of procedures, issuing regulatory documents notice of examination and supervision shall be ordered to correct procedures after the release;

    (C) is in conflict with the people's Governments at the corresponding level between sectoral normative documents, coordination of coordination there is no consensus, and put forward opinions level people's Government decision. Section 37th after receiving regulatory documents review of notice, shall, within the prescribed period to the Government legislative bodies responsible for recording review written feedback results.

    Without justifiable excuse failed to respond or refused to the normative documents notice of review oversight, government legislative bodies should be submitted to the people's Government to revoke the regulatory documents and revocation of decisions to the public.

    Government legal agencies review 38th normative documents submitted for the record, should be completed within a filing date of 30th, highly specialized, or in special circumstances, approved by the principals could extend the review period, but extend the deadline not later than 15th.

    39th illegal citizens, legal persons or other organizations that normative documents, the normative documents for the record can be responsible for the review of government legislative bodies for the review of applications by writing or legal bodies for the review of applications by writing directly to the municipality; normative documents belonging to the vertical management departments, can contribute to the development of the legal organization of the organ Department at a higher level review of applications by writing.

    40th article government legal institutions should in received citizens, and corporate or other organization drew attention to the normative file of objections review application of day up 5th within for form review, not belongs to normative file or not belongs to this level government legal institutions record supervision range of, should told applicants; belongs to this level government legal institutions record supervision range of, should be accepted, and in accepted of day up 60 days completed review. Government legal organization objects to the attention of the review of regulatory documents, in accordance with the provisions of the present article 33rd for review.

    Problems found, processed in accordance with the provisions of the present article 36th, and process the results will inform the applicant in writing.

    41st State Legislative Affairs Agency received from citizens, legal persons or other organizations to draw attention to the objection upon review of the application of the normative documents, not part of the autonomous region people's Government for the record scope of supervision, shall order the Government legislative bodies responsible for recording review, government legislative bodies responsible for recording review shall be disposed of within the period specified, and to report dealing with autonomous regional people's Government legal agencies.

    42nd government legal agencies should be through the website or the Official Gazette of the Government, to the public filing of regulatory documents on a regular basis.

    Article 43rd government legal agencies should be in the first quarter of each year to the people's Government and legislative affairs agency reports the previous year at a higher level regional normative documents and file review work.

    Flags on informed the people's Governments above the county level in the first quarter of each year an annual regional normative documents and file review work.

    The fourth chapter legal liability

    44th article violates these rules, any of the following circumstances, given by the people's Government of the people's Governments at the corresponding level or at the level criticism is serious or serious consequences, by appointment and removal or the supervisory organs directly responsible person in charge and other persons directly responsible shall be given administrative sanctions:

    (A) ultra vires the development of normative documents;

    (B) normative document setting should be determined by the laws, rules and regulations and the provisions of normative documents;

    (C) in violation of these regulations the procedures provided for the development of normative documents;

    (D) without justifiable excuse failed to respond or refused to the normative documents notice of examination and supervision.

    45th article violates these rules, normative document is not submitted for the record or not in accordance with the required deadline and format of submissions from government legal bodies responsible for recording review a rectification, refuses without good reason, the attention of the people's Governments at the corresponding level give notice of criticism.

    46th flag rule of the people's Governments above the county level authority is not in accordance with the regulations on the supervision of normative documents on the record, by the people's Government of the people's Governments at the corresponding level, or the level criticism from the legal institutions.

    The fifth chapter by-laws

    47th General Office of the people's Governments above the county level (lounge) normative documents issued by the people's Governments at the corresponding level consent, according to the people's Governments at the corresponding level normative document management.

    48th the vertical management departments of normative documents and record monitoring according to the implementation of these measures.

    49th normative documents format and record monitoring instruments developed centrally by the autonomous regional people's Government legal agencies. 50th article this way as of the date of promulgation. Inner Mongolia autonomous region people's Government released August 17, 2004, the normative documents and file review policy (135th in Inner Mongolia autonomous region people's Government) abrogated.