Taiyuan Administrative Normative Document Management

Original Language Title: 太原市行政规范性文件管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201205/20120500368214.shtml

Taiyuan administrative normative document management

    (April 17, 2012, Taiyuan City people's Government, the 6th Executive meeting April 23, 2012 in Taiyuan City people's Government of 80th released as of June 1, 2012) Chapter I General provisions

    First to strengthen administrative normative document management, maintain the uniformity of the legal system, in accordance with the People's Republic of China local people's congresses and local people's Governments at all levels and other relevant provisions of the Constitutive Act, combined with the city's actual, these measures are formulated.

    Second article this approach by said administrative normative file (following referred to normative file), is refers to city, and County (city, and district) Government and work sector and sent organ, and legal regulations authorized of has management public affairs functions of organization in statutory terms range within according to statutory program developed and public released of involved citizens, and corporate or other organization right obligations, has general binding, in must term within repeatedly applies of file. Regulatory documents are divided into normative documents and normative documents of departments of the Government.

    City, County (city, district) people's Government and the Office of the (room) to normative documents issued by the Government on their behalf normative documents Government departments and agencies, authorized by laws and regulations to administer public affairs function of normative documents issued by the Organization in its own name for departmental regulatory documents.

    This approach applies to this article, normative documents development, record-keeping, supervision and management of activities. 

    Fourth article only on following content made provides of file not belongs to normative file: (a) internal management system, including Government and sector internal implementation of personnel, and administrative, and Foreign Affairs, and financial management, on citizens, and corporate and other organization right, and obligations no directly effect of provides; (ii) announced urban and rural construction, and economic social culture career development planning or platform for of file; (three) for implementation superior Government or sector deployment of special work task and developed of work programme, and work plans; 

    (Four) to superior administrative organ made of asked, and report, superior administrative organ on subordinate administrative organ of asked made of not has general applicability of reply; (five) announced do time, and do locations, matters of convenience notices; (six) on specific matters made of administrative decided; (seven) according to legal regulations provides program developed of various quality technology standard; (eight) sector on its directly management institutions of personnel, and financial, and Foreign Affairs, and confidential, matters made provides of file.

    Fifth article development of normative documents must adhere to legal, democratic, open and streamline the principles of unity, effectiveness and accountability, should the record be adhered, the principle of trial, any mistake will be corrected.

    Sixth city, County (city, district) people's Governments shall, in normative documents and filing units and individuals that have made outstanding achievements in the work of commendation and reward.

    Chapter II formulation

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

    (A) the city and County (city, district) people's Government;

    (B) the city and County (city, district) people's Government departments and agencies;

    (C) authorized by laws and regulations to administer public affairs functions of the organization.

    Provisional institutions, the deliberation and coordination agencies and offices, departments of internal institutions and the agencies, do not administer public affairs functions of the Organization shall make no normative documents.

    Eighth of municipal and County (city, district) people's Government departments and agencies, laws and regulations authorized the Organization's normative documents, shall not be labelled as administrative areas in the header name. 

    Name of normative documents commonly known as "rules", "way", "rule", "views", "decisions" and "notice" and "notice".

    Name of the normative documents for the "rules", "measures" and "rules", it shall be in the form of provisions.

    Nineth normative documents may not be set to the following content:

    (A) the administrative licensing items;

    (B) matters of administrative penalties;

    (C) the compulsory administrative measures;

    (D) matters of administrative charges;

    (E) other matters shall be determined by law, regulations and rules.

    Tenth law, regulations and rules have been clearly defined, normative document provisions, in principle, will not repeat.

    According to the normative documents of the superior authorities when developing regulatory documents shall, in General, more specific provisions or implementation measures. 11th government regulatory documents by the relevant government departments or Government legal organization drafting sector normative documents by departments of the business or legal bodies responsible for drafting. 

    Functions involve multiple sectors, can be drafted jointly by two or more departments.

    Drafting normative documents may invite the participation of relevant experts and organizations, may also appoint experts, organize the drafting. 

    12th draft normative documents, the drafting Department to study the feasibility and necessity of development of normative documents and normative documents to solve problems, to be established by the main system or the main measures to be provided for research demonstration.

    13th first draft normative documents should be left to the drafting Department in writing or holding forums, feasibility study meeting, hearing, to the public and other forms, consultation with the competent Department, unit, management and expert opinions. To seek the views of and drafting departments should be fully taken.

    There are major differences of opinion, drafting Department coordination coordination failed, and report to the higher administrative authority or decide on coordination.

    For comments, opinions adopted and coordination dealing with the situation, should be stated in the drafting instructions.

    Article 14th reported to city and County (city, district) people's Government development of normative documents, drafting departments should provide the following materials:

    (A) report to the development;

    (B) normative document draft drafting instructions;

    (C) the Department of rule of law institutions and the drafting of the report under review laws, regulations, rules and related policies and regulations;

    (D) to seek the views of relevant material;

    (E) other related material.

    15th normative document draft should be reviewed by the development of rule of law institutions legitimacy, without such review shall draw attention to the Government Executive Leadership Conference or meeting.

    Article 16th authorities or legal authority to review the following drafting departments, and to make a report in writing.

    (A) whether normative documents;

    (B) beyond the enacting body the statutory terms of reference or mandate of the laws and regulations;

    (C) laws, regulations, rules or contradict the provisions of the relevant policy;

    (D) whether these measures are in accordance with the prescribed procedures for comments;

    (E) whether local protection, business protection or content that violates World Trade Organization rules.

    Article 17th of normative documents draft one of the following circumstances, development of rule of law institutions could not agree publishing, redrafting or defer the development of review comments:

    (A) developing conditions are not mature;

    (Ii) laws, regulations, rules or contravene the provisions of the relevant policy;

    (Iii) solicit opinions differ greatly from coordination has not been coordinated or fail;

    (D) it fails to provide relevant materials as provided herein. Article 18th normative documents, subject to Government Executive Leadership Conference or meeting of collective discussion and decision.

    However, due to special circumstances such as emergency, you need to make the purposes of normative documents can also be approved by the head of the enacting body.

    Sector normative documents to "rules" and "approach" and the "fine print" introduced by name, head of sector leadership collective discussion or approval form the formal text, shall be submitted to the Government at the same level legal institutions for review and approval.

    19th report examined and approved by the Government legal organization departments at normative documents, should provide the following materials:

    (A) approval of the review request;

    (B) normative documents and preparation of notes on the Bill;

    (C) the Department legal review and on the basis of legal provisions, regulations, rules and policies;

    (D) to seek the views of relevant material;

    (E) the Department leading group deliberations;

    (F) other relevant material.

Article 20th report to the Government legal organization reviews of departments at normative documents, reviewed in accordance with the relevant provisions of the grant issued does not comply with the provisions of, as reviewed and amended by the report to the sector and after review by the departments legal agencies once again submitted to peer reviewed Government legislative bodies, to meet the requirements of, grant issued.

    Issued without approval of the Government legal organization at the same level, and shall not be used as the basis of administration, once discovered, sibling government legislative bodies have the right to declare the file is invalid.

    21st it was decided or approved the issue of normative documents by the enacting body document processing agency audit checks, reported to the enacting body in charge or the authority in charge of the signature issue.

22nd government regulatory documents signed, issued, compiled by the Government documents dealing with institutions, in conjunction with government legal organization registration number; sector normative documents signed, issued, prepared by the departmental document processing agency in conjunction with the Department of legal registration number.

    Registration number is the development of rule of law institutions grant implemented regulatory documents of identity. Article 23rd commencement of regulatory documents shall be provided. Normative documents before the commencement of the enacting body's document processing Office shall at the Official Gazette, Government Web sites to the public.

Without publishing normative documents shall not be as the basis for Administration.

Government Gazette published normative documents as the standard text.

    Government Gazette, daily, Taiyuan Government website or publishing date is the release date for the first time. 
Article 24th normative document is valid from the date of entry into force shall not exceed 5 years.

Normative documents before the expiry of 6 months, the implementation of sector considers it necessary to continue to implement, implementation should be assessed.

    Assess the need to continue to implement, shall, before the expiration of 3 months to produce assessment reports and submission to develop legal agencies, dealt with by the development of rule of law institutions in conjunction with the official bodies released in accordance with this regulation the need to continue to implement the regulatory documents; documents you need to modify, in accordance with the provisions of these measures. 

    25th article should establish normative documents required by laws, regulations, rules, enacting body shall, within the prescribed period of time; no deadline, but directly affect the implementation of the laws, regulations and rules, the enacting body shall, in laws, regulations, rules developed within 6 months after the release. Article 26th normative documents on the basis of laws, rules, regulations or relevant policy changes, clean up the enacting body shall in due course. Clean up the work carried out by the development of rule of law institutions.

    After clearing decided to repeal or invalidation of regulatory documents, the enacting body shall issue to the community in a timely manner.

    Chapter III filing

    27th of municipal and County (city, district) are normative documents record the people's Government organs, its rule of law institutions specifically responsible for the normative documents record reviews.

   28th normative document drafted legal entity shall publish the date of 15th, submitted for the record in accordance with the following provisions:

(A) the County (city, district) people's Government, the municipal government departments and agencies to develop legal normative documents submitted to the municipal people's Government for the record;

(B) the County (city, district) people's Government departments and agencies to develop normative documents of the County (city, district) people's Government legal filings;

(C) the vertical management departments regulatory documents developed by the people's Governments at the corresponding level legal and administrative authorities at a higher level for the record;

(D) the organization authorized by laws and regulations regulatory documents developed by the people's Governments at the corresponding level legal filings.

    Municipal development of normative documents, submitted for the record in accordance with the relevant provisions.

Article 29th when normative documents submitted for the record, shall submit the following materials:

(A) the normative documents for filing reports of 1;

(B) the official text of the normative documents and drafting instructions 3 (electronic text);

(C) develop legal review and on the basis of legal provisions, regulations, rules and policies; 

(D) that the material that has been published publicly; (e) other related material.

    According to these rules, approved by the Government legislative bodies at the same level of regulatory documents, at the time of filing, you can submit the part (c) of the materials listed.

    Article 30th to submit for the record the normative documentation is complete, filing legal bodies registration material is not complete, return the enacting body, rectify it within 5 working days, to be registered.

31st filing authority legal normative documents to submit for the record contents and lawfulness of procedures be reviewed, found its content or establish procedures relating to provision of, shall order him to make corrections or make other arrangements.

The enacting body disagrees with the views on the review, may apply to the filing authority legal review.

    Filing authority to normative documents submitted for the record to change and revocation decision, it shall issue to the community.

Article 32nd authority shall, before January 31 of each year, and last year issued a list of legal institutions submitted to the registration authorities.

    Government legal organization on January 31 of each year for the preceding year to develop organ send filed regulatory documents sent official Gazette, Government Web sites to the public.

    Supervision and administration of the fourth chapter

    33rd of municipal and County (city, district) legal institutions should be under supervision and inspection of the normative documents and filing work and regularly informed of the development and review of the record.

    34th of municipal and County (city, district) people's Government should be normative documents developed and filed into the level of government administration by law of the enacting body's content.

35th normative document drafted and submitted for the record has any of the following circumstances, by government legal agency ordered corrective action and deducted points in the examination administration according to law:

(A) without the enacting body review, preparation of the legal body registration number;

(B) violations of the procedures;

(C) no feedback for comments in a timely manner;

(D) not to publish;

(E) is not required to submit for the record;

(Vi) is not required to submit documents directory;

(VII) not complying with the regulations shall be ordered to correct decisions;

(VIII) not required cleaning;

    (I) in violation of these regulations under other circumstances. 

    Article 36th these measures are not in accordance with the normative document drafted and submitted for the record, if the circumstances are serious, resulting in serious consequences, the supervisory organ shall investigate its chief administrative responsibility and persons. 

    37th view regulatory documents of a citizen, legal person or any other organization is not legitimate, can be written to a government legal agencies or development authority review recommended that government legal agencies or the enacting body shall conduct a review, and will review the situation and timely feedback people.

    The fifth chapter by-laws

    38th of municipal and County (city, district) Legislative Affairs Agency in normative documents and filing relevant matters, government regulatory documents should be used for the record review seal.

    39th Township (town) people's Government regulatory document management by the people's Governments at the county level. 40th article of the rules take effect on June 1, 2012.