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Changchun Normative Document Supervision

Original Language Title: 长春市规范性文件监督办法

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Regulatory of normative documents in the city of spring

(The 50th ordinary meeting of the Government of the People's Republic of China, held on 16 May 2012, considered the adoption of the Decree No. 34 of 25 May 2012 concerning the implementation of 1 July 2012.

Article I, in order to strengthen the monitoring and management of normative documents, to preserve the unity and openness of the rule of law, to promote the administration of the law and to develop this approach in the light of the provisions of the Legislative Act of the People's Republic of China, the Code of Norms of Regulatory and Norms.

Article II applies to the supervision of normative documents developed by the urban, district (market) people's governments and their respective working sectors, the communes (communes) and the Development Zone Management Committee.

Article 3. The normative documents referred to in this approach refer to obligations relating to the rights of citizens, legal persons or other organizations that may be applied repeatedly during the effective period, in addition to the regulations, the announcements of the commune, the communes (communes), the people's Government and the Committee for the Development of District Management (hereinafter referred to as the design body), in accordance with the legislative authority and procedures, and which relate to the rights of citizens, legal persons or other organizations.

Normative documents are divided into governmental normative and sectoral normative documents. The Government's normative documents refer to normative documents developed by the municipalities, districts (communes), the communes (communes) and the District Management Committee; sectoral normative documents refer to normative documents developed by the Government of the People's Republic of the city, the district (market).

This approach is not applicable to the internal system of work, the technical course of operation and the documentation developed on matters such as personnel, finance and extermination.

Article IV. The rule of law sector of the municipality is responsible for the supervision of normative documents developed by the People's Government of the city, the People's Republic of the District (Central) and the Development Zone Management Committee.

The rule of law sector of the commune (commune) government is responsible for monitoring the management of normative documents developed by the working sector and the commune government.

The rule of law institutions in the work sector, which is owned by the municipalities, districts (markets), are responsible for the specific work of this sector, the system's normative documentation oversight.

The following bodies shall not formulate normative documents:

(i) Interim institutions;

(ii) Proceedings coordination bodies;

(iii) The internal structure of the executive branch;

(iv) Institutions entrusted to law enforcement by administrative organs;

(v) The government-owned offices;

(vi) Other institutions that may not formulate normative documents in accordance with the law.

Article 6 establishes normative documents that shall not set the following:

(i) Administrative licence matters;

(ii) Administrative penalties;

(iii) Administrative coercive measures;

(iv) Administrative charges;

(v) Matters governed by laws, regulations and regulations;

(vi) Matters that should be regulated by the superior administration;

(vii) Other legal, regulatory and regulatory provisions shall not be established by normative documents.

Article 7 Government normative documents could be drafted by the Government in charge of the relevant departments; sectoral normative documents could be drafted by the department concerned. When needed, the experts or organizations concerned could be employed to draft.

Article 8. In drafting normative documents, the development of organs should conduct studies on the need and feasibility of the development of normative documents and conduct studies on issues to be addressed in normative documents, key systems and measures established; and develop normative documents that have a direct impact on the rights obligations of citizens, legal persons or other organizations, and should be made available to society.

Following the drafting of the Government's normative document, the drafting sector should, in accordance with the relevant provisions of the present approach, review the legitimacy of the draft normative document and the related materials to the Government's rule of law sector and, with the consent of the review, send the present people to the Government.

Article 10, when it comes to the draft normative document of the Government, shall provide the following material to the rule of law of the Government at this level:

(i) Reports of the trial;

(ii) Draft normative documents and notes;

(iii) Relevant laws, regulations, regulations and national policies based on the drafting of normative documents, as well as normative documents published by the superior administrative organs;

(iv) Coordination of views among relevant sectors;

(v) The feasibility and appropriateness of normative documents;

(vi) Other relevant materials.

After the drafting of sectoral normative documents, the rule of law institutions established are subject to review of legality.

Article 12 Review of the legality of the Government's rule of law, the sectoral rule of law bodies, inter alia:

(i) Whether it is a statutory authority of the body in place;

(ii) Whether there is a violation of the provisions of the law, regulations and regulations;

(iii) Be consistent with national, provincial and municipal policy;

(iv) Does conflict with other normative documents;

(v) Are there violations of articles 6, 7 and 8 of this approach;

(vi) In relation to other relevant sectors, whether the views of other sectors were sought and properly addressed;

(vii) Other elements requiring review.

In the course of the review of the Government's draft legitimacy of normative documents, the Government's rule of law sector was of the view that additional material or clarification was needed, and the drafting sector should provide relevant material in a timely manner or provide clarification.

The Government's rule of law sector should be reviewed within seven working days after the draft Government's normative documents are received and the written review recommendations or observations are made.

Article 15 contains one of the following cases in the draft normative document, and the Government's rule of law, sectoral rule of law institutions may propose amendments, corrective opinions or recommendations that are not formulated to the drafting sector or to the organ concerned:

(i) The main elements of violations of the relevant laws, regulations, regulations and the relevant provisions of the State;

(ii) With regard to the creation of administrative licences, administrative sanctions, administrative enforcement, administrative fees or violations of rights to citizens, legal persons and other organizations, as well as increased obligations;

(iii) Excluding statutory competence;

(iv) There are other needs to be modified, corrected or not formulated.

The drafting branch of the Government's normative documents has contested the recommendations or observations of the Government's review of the legitimacy of the rule of law sector, in coordination with the review sector and without agreement, and requests the Government to address them in coordination.

Article 17 introduces a system of uniform registration and harmonization of normative documents.

The Government's normative documents are subject to uniform registration, uniformity, and sectoral normative documents are subject to review of the legitimacy of the organs, collective discussions, leadership signatures, and are sent to the Government's rule of law sector for uniform registration, uniformity. Nor shall normative documents without uniform registration and uniformity be used as a basis for administration.

The Government's rule of law has found that normative documents requiring uniform registration, uniformity are in violation of the law and are not registered, numbered.

Normative documents should be made available to society. Unpublished societies shall not serve as a basis for administration.

Normative documents can be made available through the press and the media published in the Official Gazette of the Government, the Government portal or in the present administration.

Article 19 Normative documents shall be published within ten working days of the publication, in accordance with the following provisions:

(i) The Government's normative documents are presented in the top-level government rule of law;

(ii) Sectoral normative documents are presented to the executive branch of the Government.

The following materials should be made available when the normative document is available:

(i) Reports;

(ii) Drafting notes;

(iii) Five formal versions of the document;

(iv) One electronic text;

(v) Relevant material published.

Article 21 examines the problems identified in the normative document, which are addressed in accordance with the following provisions:

(i) Normative documents go beyond the competence, violate the provisions of the superior law or violate the statutory procedures, and are subject to the responsibility of the Government's rule of law to establish a period of time for the administration to be corrected and re-published; and are later uncorrected or denied corrective action by the Government's rule of law sector to rescind and make them public.

(ii) The normative document was not published in a prescribed manner and was confirmed by the Government's rule of law.

(iii) The content of normative documents is fundamentally repeated with the provisions of the superior law, without the necessary development, and the Government's rule of law may recommend the self-expression of organs.

(iv) The technical presence of normative documents can be addressed by the Government's rule of law sector to the designating body by itself.

Article 2 should be established by organs that should be corrected by themselves within five working days from the date of receipt of the Government's rule of law and that the results will be presented in writing to the Government's rule of law sector.

In the opinion of the organ, the Government's rule of law sector decides to be in conflict with the law and misappropriation may apply for review to the Government's rule of law sector within five working days from the date of the decision.

Article 23 should provide for an effective period not provided for five years; the words “provisional”, “a pilot”, etc.”; and the period for two years.

Article 24 expires for a period of six months prior to the expiration of the normative document, the establishment of the organ considers it necessary to continue its operation, should be assessed on its implementation and re-published in accordance with the statutory procedures.

Normative documents have two or more implementation sectors, and are assessed by the main implementation sectors. In the assessment of the main implementation sectors, the views of other implementation departments should be sought at the same time.

Article 25 establishes a normative document inspection system. The rule of law sector of the communes of the municipalities, districts (markets) should be inspected in the first quarter of each government-owned work sector, the next year's normative document, or on a regular basis, based on actual circumstances.

Article 26 establishes a regular clean-up system for normative documents, which should be cleared every three years by the organ. It should be modified or repealed by the organ's normative documents that are not in accordance with the law, regulations, regulations or regulations or are incompatible with the requirements of economic and social development.

Following the clean-up of normative documents, the development body should publish the list of normative documents that continue to be effective, repealed and invalidated. Nor shall the normative document that continues to be effective in the form of a catalogue of documents be used as a basis for administration.

Article 27, in violation of this approach, provides that one of the following acts is being corrected by the Government's rule of law and that it is criticized:

(i) The sectoral normative documents are published without uniform registration and uniformity;

(ii) Not to be sent or without the timely delivery of the normative documentation file;

(iii) When the Government's rule of law sector conducts inspections of the development and merits of normative documents, it does not provide relevant information, conceal the real situation and refuse to cooperate;

(iv) The review of the Government's rule of law sector rejects implementation or delays and does not apply for review.

In violation of this approach, there is a significant social impact that is the responsibility of the relevant organs to hold the principal heads of the organs and those directly responsible.

Article 28 of the Government's rule of law sector and its staff do not carry out oversight duties seriously and are inactive and accountable to the principal and direct responsibilities by the current Government or the relevant organ.

Article 29 of this approach is implemented effective 1 July 2012.