Normative Documents Of The Tangshan Municipal Programs Some Provisions

Original Language Title: 唐山市人民政府规范性文件制定程序若干规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201205/20120500368218.shtml

Normative documents of the Tangshan municipal programs some provisions

    (March 2, 2012, Tangshan Tangshan Government consideration at the 61st Executive meeting on March 21, 2012 people's Government (2012) released 1th come into force May 1, 2012) Chapter I General provisions

    First for comprehensively promoting administration according to law, and improve the quality system, to further improve the normative documents, Tangshan City, according to the major administrative acts legality with the prior review of the executive regulations, this provision is enacted.

Normative documents referred to in the provisions of article refers in addition to government regulations, the Municipal Government to implement laws, regulations, rules and superior normative acts, pursuant to statutory authority and procedures developed and published, relates to the rights and obligations of citizens, legal persons or other organizations, generally binding rules of administrative acts and repeatedly applied.

    Name of normative documents commonly known as "decision", "way", "rules", "views", "rule", "notices", and so on.

Article drafting, review, decision of the municipal normative documents and published, these provisions shall apply.

    Not covered by citizens, legal persons or other organizations of the right and obligation to establish procedures for general file, these rules do not apply.

Article fourth regulatory documents shall control the number, focus on quality, in accordance with the prescribed procedures.

Normative documents, management, content should be relevant to practical work, must not copy the laws, rules, regulations and higher regulatory documents.

    Should normative documents issued by the Government departments, in principle not to release on behalf of the Government.

    Article fifth normative documents not pertaining to the Constitution, laws and regulations, contravene the regulations and the regulatory documents, not to create administrative sanctions, administrative license, the administrative enforcement and other matters may not be set by the normative documents.

    Chapter II preparation Normative documents by the sixth municipal government municipal government departments and agencies responsible for drafting.

    Normative documents covering two or more departments of the municipal government, drafted by the Municipal Government to determine Department or drafted jointly by the relevant departments.

    Article seventh draft sector can be identified by its one or more set up business offices or agencies responsible for drafting it belongs, can also be identified by its set up in charge of legal affairs offices drafted or drafted. Eighth draft normative documents, should study the feasibility and necessity of normative documents, and social areas covered by management, to solve the problem, the proposed establishment of a major system or the main measures to be provided for research demonstration, listen to the views of the community.

    Involving citizens, legal persons or other organizations vital interests and there are significant differences of opinion, it shall organize the hearing.

Nineth draft normative documents involving other departments or work closely with other departments, drafting should be full consultation with the relevant sectors. Relevant departments shall carefully study the draft normative documents, and receive written feedback from the advice letter in 5th. Feedback of related departments shall be approved by the Department in charge of Legal Affairs Department after review by the Chief of Department sign and seal.

Within the specified time limit is not feedback, regarded as no comments. Related departments have a significant disagreement on the content of the draft regulatory documents, drafting departments should actively engage in consultations.

Consensus cannot be reached through consultation,

    When the drafting instructions are described.

    Tenth article by the drafting of the draft normative documents issued by the offices of the Department in charge of Legal Affairs for review and comments, departments, offices collective deliberation, signed by the heads of major.

    Two or more departments jointly drafted, should be drafted by the main relevant sectors hold meetings to consider the draft, and signed by the heads of relevant departments main respectively.

    Chapter III submission

11th draft after draft normative documents, the Department shall form, in the form of documents submitted to the City Government, according to procedures of the Office of in-process by the municipal government.

    Drafting Department draft regulatory documents shall not be directly submitted to the municipal officials, municipal office of the related business offices and the Office of the institution.

12th raised the draft regulatory documents should be drafted to be submitted include:

(A) submitted to the review request;

(B) draft normative documents and drafting instructions;

(C) development of normative documents on the basis of laws and regulations, copies of regulations and higher regulatory documents;

(D) copies of related departments feedback, feedback summaries and opinions adopted;

(E) in accordance with the social stability risk evaluation measures for the implementation of major policy decisions, Tangshan City (proposed) social stability risk evaluation of the provisions of the relevant information;

(Vi) institutional integrity assessment reports;

(VII) other related material.

    The preceding paragraph (b) of the drafting instructions should include development of normative documents purpose, basis, necessity and feasibility, the drafting process, responsible for legal affairs offices, coordination on key issues of the draft and other matters important to note.

    The fourth chapter reviews 13th city in accordance with the procedures of the Office of the municipal government leaders to review the draft normative documents.

Municipal Government leaders forward Legislative Affairs Department of the Municipal Government to review the legality of the draft.

    Draft normative documents do not conform to the tenth, 11th, 12th, requirements or other obvious defects, drafted by the Office of the Municipal Government to return sector supplement.

14th Legislative Affairs Department of the Municipal Government should be from the following to review the legality of the draft regulatory documents:

(A) compliance with laws, regulations, rules and other computer based on the provisions;

(B) whether the enacting body's statutory mandate;

(C) whether normative documents associated with the current peer coordination and cohesion;

(D) whether administrative sanctions, administrative licensing and administrative coercion should not be matters;

(E) whether enforcement of the laws, regulations and rules and higher regulatory documents is necessary to the development of normative documents;

    (Vi) other contents need to be reviewed.

15th draft regulatory documents can be directly modified error, or individual wording inconsistent with the provisions of the laws, regulations and rules, legal department draft regulatory documents can be modified directly.

    Modify the content related to specific operations management, should seek the views of drafting Department.

    16th Legislative Affairs Department of the Municipal Government to review the legality of normative documents in writing the review, and when necessary, through the holding of seminars, hearings and other forms of public consultation.

    17th draft normative documents in accordance with provisions of laws and regulations and rules, belongs to, the statutory terms of reference, coordination with the existing normative documents, cohesion, without imposing administrative penalties, and administrative enforcement of administrative permission, issued by the Legislative Affairs Department of the Municipal Government agreed to issue the audit report.

18th under any of the following circumstances, should be normative legal department draft document and relevant material back drafting departments and the results reported to the municipal government, and review comments and return reasons:

(A) laws, regulations, rules and superiors contrary to normative documents;

(B) exceeding legal mandates;

(C) establishing administrative sanctions, administrative license, the administrative enforcement and other matters may not be set by the normative documents;

(D) the interested parties on the content of the draft there is considerable controversy and well-founded;

(E) the gap between normative documents, coordination with existing peer, has failed to put forward opinions;

(Vi) copy laws, rules and regulations and the regulatory documents the proportion too large, out of touch with local conditions;

(G) the draft issued by the offices of the Department in charge of Legal Affairs for review and comments;

(VIII) other circumstances that require extensive revisions.

    After drafting departments modify the draft regulatory documents shall be in accordance with the provisions of article tenth, 11th, 12th procedure provided for in article submitted again.

    19th without necessary normative documents or the conditions are not ripe for development of normative documents, Legal Affairs Department of the Municipal Government can stop the development of normative documents review and report to the municipal government. 20th Legislative Affairs Department of the Municipal Government shall on receipt of the contracting files completed within 15 working days from the date of the draft regulatory document review.

    Unable to complete the review within the time provided in special circumstances, approved by the Legal Department Chief, and can be extended by 10 working days.

Article 21st validity observations of the Legal Affairs Department of the municipal government, leaders concerned for examination and approval by the municipal government, led by the Office of the municipal government municipal government approval and a review of the idea to the Legal Affairs Department of the municipal government and drafting Department.

    Municipal Government leaders to review instructions for further study of the Legal Affairs Department of the municipal government, led by the Office of the municipal government municipal government approval and review of the idea to the Legal Affairs Department of the municipal government.

    22nd agreed by the validity of the regulatory documents, drafting departments shall, in accordance with the Legal Department reviews the legality of draft normative documents to be modified.

    23rd article municipal government legal work sector on normative file for review, think has necessary by drafting sector provides normative file electronic text, and about material or situation description of, drafting sector should by requirements provides; think has necessary added sought other related sector views of, by drafting sector sought related sector views, related sector should in provides time within according to this provides Nineth article second paragraph of requirements to written form feedback views.

    Chapter fifth decision and publication

24th draft regulatory documents completed, head of the municipal government in charge of auditing procedures considered attention of the Standing Committee of the municipal government.

Draft regulatory documents before the attention of the head of the municipal government in charge of auditing, views sign draft departments should submit relevant departments, and the text will be submitted for deliberation, review the legality of processing, countersigned inform the Legal Affairs Department of the municipal government.

    Without the head of the municipal government in charge of audits, review of legality and related departments will sign draft regulatory documents shall not be submitted to the Municipal Executive Council.
At the 25th Executive meeting of the Municipal Government to consider draft regulatory documents, drafted by the drafting of the sector to the Executive meeting of the Municipal Government indicate.

Drafting instructions should include the development of normative documents of necessity and feasibility, draft normative documents of the main content, comments, and opinions, validity, etc.

Article 26th deliberations drafting departments shall, according to the Executive meeting of the Municipal Government to modify the draft regulatory documents, forming the amended draft, issued after approval by program execution.

    Regulatory documents shall be numbered as "Tang Zhen" "Tang Zhen" document and, if necessary, you can also use the number called "Tang Zheng Tong" document.

    27th due to major natural disasters, the protection of public security and vital public interests, implementation of the higher administrative authority of emergency orders and decisions and other reasons, require immediate development of normative documents, approved by the head of the Municipal Government to simplify procedures.

28th normative documents following the issuance of the Tangshan municipal people's Government Gazette shall be published in a timely manner.

    Normative texts published in the Bulletin of the Tangshan municipal people's Government for the standard version.

    The sixth chapter supplementary articles

    Article 29th in each County (City) and district people's Government and municipal agencies of normative documents by reference to these regulations. 30th article of the regulations come into force on May 1, 2012.