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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

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Several provisions of the normative document of the Government of the Donald Sharif

(It was considered at the 61th ordinary meeting of the People's Government of Chiangong on 2 March 2012 through Order No. 1 of 21 March 2012 of the People's Government Order No. Dec. 1 of 21 March 2012.

Chapter I General

Article 1, in order to promote the full implementation of the law, to improve the quality of the system and to further improve the development of normative documents, and to develop this provision in accordance with the provisional provisions of the pre-emption review of the legitimacy of the major administrative acts of the Donald City administration.

Article 2, which refers to normative documents referred to in this article, which, in addition to the Government's regulations, the Municipal Government has established and published rules of conduct relating to the rights and obligations of citizens, legal persons or other organizations, which are generally binding and can be applied repeatedly in the administration of justice, in accordance with the legislative authority and procedures.

The name of normative documents is generally referred to as “decisions”, “The approach”, “the provision”, “conceptions”, “rules”, announcements”.

Article 3

The procedure for the development of general documents that do not involve the rights and obligations of citizens, legal persons or other organizations is not applicable.

Article IV should control the quantity and focus on quality and be conducted in accordance with the prescribed procedures.

The content of normative documents should be relevant to the actual management of the city and should not be replicated with laws, regulations, regulations and superior normative documents.

Nor should normative documents be developed by the Government's work sector, in principle, be issued on behalf of the Government.

Article 5 Nor shall normative documents be incompatible with the Constitution, laws, regulations, regulations and top normative documents, without creating administrative penalties, administrative licences, administrative enforcement and other matters that may not be established by normative documents.

Drafting

Article 6 The content of normative documents relates to the responsibilities of more than two sectors of the municipal government, which may be co-drafted by the municipal government.

Article 7. The drafting sector may determine whether it is to be drafted by one or more of its operating offices or by its own institutions, or whether it may be drafted or organized by a room within which it is responsible for the rule of law.

Article 8. Drafting normative documents should conduct research on the need and feasibility of normative documentation and conduct research on the current state of management in the social sphere, the issues to be addressed, the main systems to be established or the main measures to be specified, and widely listen to the views of the various sectors of society. The hearings should be organized in accordance with the law relating to the interests of citizens, legal persons or other organizations and the existence of significant differences of opinion.

Article 9 Drafts normative documents that involve other sectoral responsibilities or are closely connected with other sectors, and the drafting sector should fully seek the views of the relevant sectors.

The relevant sectors should conduct a serious study of the draft normative documents and provide written feedback within 5 days of receipt of the request for comments. The feedback from the relevant sectors should be signed by the main heads of the sector and incorporated into the chapter, after the review of the section responsible for the rule of law. The lack of feedback within the time frame is considered to be unrealistic.

The relevant sectors have important divergent views on the content of the draft normative document and the drafting sector should take the initiative to consult. It should be agreed upon without consultation.

A statement was made in the drafting note.

The draft normative document was signed by the main heads of the sector, following a review by the drafting department of the work of the rule of law and the collective consideration of the sectoral office.

The draft was prepared jointly by the two departments and should be considered by the main drafting bodies and by the principal heads of the respective departments.

Chapter III

Article 11. The drafting sector should be sent to the municipal government in the form of sectoral documentation, after the draft normative document was developed and processed by the municipal government office.

The drafting sector should not send the draft normative document directly to the relevant municipal authorities, the relevant operating offices of the Executive Office of the Municipal Government and the agencies of the Executive Office.

Article 12. Submissions to be submitted by the drafting sector in the draft normative document include:

(i) Request for review;

(ii) Draft and drafting notes on normative documents;

(iii) The preparation of legal, regulatory, regulatory and superior normative documents based on normative documents;

(iv) Feedbacks, feedback summaries and comments from relevant sectors;

(v) Relevant information on the assessment of social stability in accordance with the provisions of the Metropolitan City Approach to Implementation of Major Decision-Matural Risk Assessment (Time pilot);

(vi) Integrity assessment reports;

(vii) Other relevant materials.

The drafting notes set out in paragraph (ii) above should include the purpose of the development of normative documents, the development of the basis, the necessaryness and feasibility, the drafting process, the observations of the Office responsible for the rule of law, coordination of the main issues of the draft, and other matters requiring clarification.

Review of chapter IV

In accordance with the procedure, the Executive Office of the Municipal Government will present the draft normative document to the municipal government concerned. The legality of the draft was reviewed by the municipal authorities in relation to the Government's rule of law.

The draft normative document was not in accordance with articles 10, 11, 12 or other obvious flaws, supplemented by the return of the municipal government office to the drafting sector.

Article 14. The rule of law sector of the municipality should review the legitimacy of the draft normative documents in the following ways:

(i) In conformity with the provisions of the law, regulations, regulations and other superiors;

(ii) Whether it falls within the statutory terms of reference of the body;

(iii) Have coordination and interface with existing relevant normative documents at the same level;

(iv) Whether matters that cannot be created, such as administrative sanctions, administrative licences and administrative enforcement;

(v) Whether there is a need for normative documentation in the implementation of laws, regulations, regulations and superior normative documents;

(vi) Other elements requiring review.

Article 15. The draft normative document contains errors that may be directly modified or incompatible with the provisions of the law, regulations, regulations and regulations, and the rule of law in the municipal administration can be amended directly to the draft normative document.

Changes involve specific operational management and should be consulted by the drafting sector.

Article 16 examines the legality of normative documents by the municipal authorities' rule of law sector in writing and, if necessary, should be publicly consulted through the holding of colloquiums, hearings, etc.

The draft normative document is in accordance with the provisions of the law, regulations, regulations and regulations, which fall within the statutory terms of reference of the city, which are coordinated, consistent with the existing normative documents, does not create administrative penalties, administrative licences and administrative enforcement, and the municipal rule of law sector should receive an agreed review report.

In one of the following cases, the municipal rule of law sector should return the draft normative documents and related materials to the drafting sector, while reporting the results to the municipal government and accompanying review observations and refunding reasons:

(i) Contrary to laws, regulations, regulations and superior normative documents;

(ii) Beyond the statutory terms of reference;

(iii) The establishment of administrative penalties, administrative licences, administrative enforcement and other matters that may not be established by normative documents;

(iv) The content of the draft was more controversial and justified;

(v) Uncompleted, uncoordinated with existing same-level normative documents and no comments were made;

(vi) The proportion of the content of the laws, regulations, regulations and top-level normative documents, and the actual disconnect with the local context;

(vii) To review and make observations without room for the drafting sector responsible for the rule of law;

(viii) Other situations requiring greater changes.

The drafting sector should resubmit the draft normative document in accordance with the procedures set forth in Articles 10, 11 and 12 of this provision.

Article 19 does not require the conditions for the development of normative documents or the development of normative documents, and the rule of law sector in the municipality can provide a review of the cessation of the development of normative documents and report to the municipal government.

Article 20: The municipal rule of law sector should complete the review of normative documents within 15 working days of the date of receipt of the draft document containing observations. Ten working days could be extended by the principal heads of the rule of law sector of the municipality, with special circumstances that could not be completed within the prescribed period.

Article 21 provides for a review of the legality of the work of the municipal authorities, which, with the consent of the municipal authorities, will be led by the municipal government's executive branch to the executive branch and the drafting sector.

The municipal government's review of the rule of law sector of the municipal government is presented in a further study by the Municipal Government's Executive Office, which has led the municipal government to provide an indication and review of views to the municipal authorities' rule of law sector.

Article 2 should amend the draft normative document in accordance with the legitimacy of the municipal authorities' rule of law sector.

Article 23 examines normative documents by the municipal rule of law sector and considers it necessary for the drafting sector to provide electronic versions of normative documents, related materials or information notes, as requested; it is considered necessary to complement the consultation with other relevant departments, and the drafting sector should seek advice from the relevant departments within the time frame, and the relevant sector should provide written feedback in accordance with article 9, paragraph 2.

Decisions and publication of chapter V

Following the completion of the draft normative document, the Standing Committee of the Municipal Government was invited to consider it in accordance with the procedure, after the approval of the municipal administration heads.

The draft normative document was brought before the approval of the Principals of the Municipal Government, and the drafting sector should submit the views signed by the relevant departments and would bring the text of the review of legality, the processing of the views reviewed and the signing of the letter to the municipal authorities in the rule of law sector.

The draft normative document, which was not subject to approval by the municipal authorities, review of legitimacy and signed by the relevant departments, shall not be submitted for consideration by the Standing Committee of the Municipal Government.

Article 25 In considering the draft normative document at the Standing Conference of the Municipal Government, the drafting of a note by the drafting sector to the Standing Committee of the Municipal Government.

The drafting note should include the need and feasibility of the development of normative documents, the main elements of the draft normative document, the status of consultation, disagreements, the treatment of legality reviews.

Article 26 The drafting sector should modify the draft normative document in accordance with the deliberations of the Standing Committee of the Municipal Government, form a revised draft and issue it as a result of the process.

Normative documents should be issued in a document “Administrative” by symbols, and, if necessary, by means of a symbol “Partnership”.

Article 27 requires the immediate development of normative documents, with the approval of the main municipal authorities, for reasons such as the occurrence of major natural disasters, the safeguarding of public safety and major public interest, the implementation of urgent orders and decisions of the executive branch.

Following the publication of the twenty-eighth normative document, the Communiqué of the People's Government of Dangkoh should be published in a timely manner.

The normative text published in the Voice of the People's Government of Dangkoh is the standard text.

Annex VI

Implementation of the provisions is guided by the normative documentation developed by the 29 districts (markets), the people of the region and the municipalities.

Article 33