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Taiyuan Administrative Normative Document Management

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

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Management of administrative normative documents in the city of au-Prince

(Summit 6th ordinary meeting of the Government of the Faro City on 17 April 2012 to consider the adoption of Decree No. 80 of 23 April 2012 No. 80 of the Decree No. 80 of 23 April 2012 of the People's Government of the Faro City, effective 1 June 2012)

Chapter I General

Article 1 preserves the rule of law in order to strengthen the management of administrative normative documents and to develop this approach in line with the relevant provisions of the People's Congress and the People's Government Act at the local level of the People's Republic of China.

Article II refers to administrative normative documents (hereinafter referred to as normative documents), which refer to the Government of the city, the city, the district, the people of the Republic and its working sectors and offices, legal texts authorize organizations that administer the functions of public affairs to establish and publish in accordance with the statutory procedures, the obligations relating to the rights of citizens, legal persons or other organizations, which are generally binding, and the documents that have been applied repeatedly within a certain period of time.

Normative documents are divided into governmental normative and sectoral normative documents. Normative documents issued by the Government and its Executive Office (rooms) in their own name are normative documents of the Government; normative documents issued by the Government's work sector and offices, legal texts authorize organizations that have the functions of public affairs in their own name are sectoral normative documents.

Article 3. This approach applies to the development, filing and monitoring of normative documents in this city.

Article IV contains only documents providing for the following:

(i) The internal management system, including provisions on the rights and obligations of citizens, legal persons and other organizations, such as personnel, administration, extermination and financial management within the Government and its departments;

(ii) Publication of documents for rural and urban construction, economic and social development planning or framework;

(iii) Work programmes, workplans for the implementation of specific tasks deployed by the superior government or the sector;

(iv) To provide an indication, report to the superior administrative body that the request of the executive branch for the lower executive branch is not generally applicable;

(v) Publication of public notices on matters such as the time of office and the place of office;

(vi) Administrative decisions on specific matters;

(vii) Quality technical standards established in accordance with the legal regulations;

(viii) Documentation provided for personnel, finance, extermination and confidentiality of their direct management units.

The development of normative documents should uphold the principles of legality, democracy, openness, streamlining, effectiveness and accountability, and should uphold the principle of integrity, integrity and integrity.

Article 6 Governments of municipalities, districts (communes, districts) should provide incentives for units and individuals that make significant achievements in the development and documentation of normative documents.

Chapter II

Article 7. The following executive organs and organizations may formulate normative documents:

(i) The Government of the people of the city, the city and the district;

(ii) The Government's work sector and the police;

(iii) Organization mandated by law and regulations to manage the functions of public affairs.

Interim bodies, proceedings coordinating bodies and their offices, in-house agencies and in-offices, organizations that do not have the functions of managing public affairs may not formulate normative documents.

Article 8

The name of normative documents generally refers to “the provision”, “The approach”, “rule”, “constitution”, “decision”, notice” and “please”.

The name of normative documents is “the provision”, the approach” and “rules” and should be made in the form of the provisions.

Article 9 Nor shall normative documents set the following:

(i) Administrative licence matters;

(ii) Administrative penalties;

(iii) Administrative coercive measures;

(iv) Administrative charges;

(v) Other matters to be regulated by law, regulations and regulations.

Article 10. The content already specified in laws, regulations and regulations does not in principle duplicate provisions.

In developing normative documents based on the normative documents of the superior organs, more specific provisions or measures should be made.

Article 11 Government normative documents are drafted by the relevant branches of government or by governmental institutions of the rule of law; sectoral normative documents are drafted by sector-related operational bodies or by the rule of law institutions. With regard to multisectoral functions, joint drafting could be undertaken by more than two sectors.

The drafting of normative documents could invite relevant experts, organizations to participate, or experts, organizations to draft them.

Article 12 Drafting normative documents, the drafting sector should conduct research on the need and feasibility of the development of normative documents and conduct studies on issues to be addressed in normative documents, the main system to be established or the main measures envisaged.

The first draft of normative documents should be based on written or colloquiums, symposia, hearings, and the publication of the society in order to seek the views of superior authorities, relevant units, management of the relative and expert.

For the comments sought, the drafting sector should be fully adopted. There were significant disagreements, the drafting sector should be coordinated; coordination of undesirable, reporting on coordination or decision by senior executive bodies.

The status of consultation, the adoption of observations and the coordination of treatment should be reflected in the drafting note.

Article XIV requires the Governments of municipalities, districts and territories to develop normative documents that should provide the following materials:

(i) Request for clarification;

(ii) Drafting of normative documents and drafting notes;

(iii) Review reports of sectoral rule of law bodies and legislative, regulatory and related policy provisions based on drafting;

(iv) Relevant material for consultation;

(v) Other relevant materials.

Article 15 Transmission of normative documents shall be subject to a review of legality by the establishment of organs of the rule of law and without review shall not be brought to the deliberations of the Standing Committee of Government or the sectoral leadership sessions.

Article 16 establishes a body or a drafting body for the rule of law of the sector to review and make a written review.

(i) Will be a normative document;

(ii) Does not go beyond the scope of the legislative authority of the organ or the statute of law;

(iii) Are incompatible with legal, legislative, regulatory, or superior policy provisions;

(iv) Whether advice is sought in accordance with the procedure set out in this approach;

(v) Are there elements of local protection, industrial protection or conflict with World Trade Organization rules.

Article 17 is one of the following cases in which the drafting of a rule of law body may make an agreement to issue, redraft or suspend the review:

(i) The conditions are not ripe;

(ii) Be incompatible with legal, regulatory, or superior policy provisions;

(iii) Significant differences in the opinion sought have not been coordinated or coordinated;

(iv) No relevant material is provided in accordance with this approach.

Article 18 establishes normative documents subject to a collective discussion of decisions by the Standing Committee of the Government or the sectoral leadership sessions. However, in response to specific situations, such as sudden-onset events, there is a need for the immediate development of normative documents or approval by the designating authority.

Sectoral normative documents have been introduced in terms of “laws”, “how” and “rules” and, after a collective discussion of sectoral leadership or approval by the head, the approval of the approval should also be given to the peer government rule of law institutions.

Article 19 requests the same level of government rule of law bodies to review the normative documents of the approval sector, and shall provide the following material:

(i) Request for review of approval;

(ii) Draft normative documents and drafting notes;

(iii) Review reports of sectoral rule of law bodies and the legal, regulatory, and related policy provisions;

(iv) Relevant material for consultation;

(v) Deliberation by sector leadership;

(vi) Other relevant materials.

Article 20 provides for sectoral normative documents reviewed by the same Government's rule of law bodies, which are subject to review and are granted in accordance with the relevant provisions, and is not in accordance with the relevant provisions, and once again requests the same authorities to review and grant the issuance of the request, in accordance with the review of their views and reviewed by the sectoral rule of law institutions.

Without approval by the same Government's rule of law bodies, it is not possible to serve as a basis for administration, and the same body of government rule of law has the right to declare the document invalid.

Article 21, which is decided or approved by a normative document, is subject to a review by a public correctional body, which requests to be issued either by the principal head of the organ or by the head of its delegation.

Once the Government's normative documents are signed and issued, the registration number will be prepared by the Government Correctional Service with the Government's rule of law bodies; after the signing of sectoral normative documents, registration numbers will be prepared by the Departmental Correctional Service with sectoral rule of law institutions.

Registration is a mark for the establishment of the rule of law institutions to prepare normative documents for publication.

Article 23 should specify the date of entry into force. Prior to the entry into force of the normative document, the public correctional bodies of the development bodies should be issued in the same Government communiqué, the Government website to society. Unpublished normative documents shall not serve as the basis for the administration.

The normative document contained in the Government's bulletin is the standard text.

The Government's bulletin, the Government's website or the date of the first denunciation was issued.

Article 24 has an effective period of up to five years from the date of entry into force.

In the six months prior to the expiration of the normative document, the implementation sector considers it necessary to continue operation and should assess implementation. The assessment needs to continue and should be carried out three months prior to the expiration of the assessment report and sent to the rule of law institutions of the institution, by the establishment of the rule of law body to issue a list of normative documents requiring continued implementation in accordance with the provisions of this approach; normative documents that need to be revised should be reproduced in accordance with the provisions of this approach.

Article 25 Laws, regulations and regulations should be developed in a manner consistent with normative documents and should be formulated in a timely manner within a specified period of time; without a specified period of time, they directly affect the implementation of laws, regulations, regulations and regulations, and should be developed by the enacting body within six months of the publication of laws, regulations, regulations and regulations.

Article 26 Laws, regulations, regulations or changes in policies based on normative documents should be cleared in due course. Clearing is carried out by the establishment of the rule of law institutions. A list of normative documents that have been decided upon to repeal and invalidate after clearance should be made available to society in a timely manner.

Chapter III

Article 27, the Government of the people of the city, the city, the district, and the territory, is the backbone of normative documents, and its rule of law institutions are specifically responsible for the preparation of normative documents.

Article 28 establishes the rule of law institutions of the organ, within 15 days of the date of publication of normative documents, to submit the request in accordance with the following provisions:

(i) The Government of the People's Republic of the city, the work of the Government of the city and the provision of normative documents by the authorities;

(ii) Practitional documents developed by the People's Government (communes, districts) and dispatch agencies (markets, districts) and the Government's rule of law institutions;

(iii) The introduction of normative documents developed by the vertical management to report back to the Government's rule of law institutions and the executive authorities at the highest level;

(iv) The legislation authorizes the organization to submit copies of normative documents to the Government's rule of law institutions.

Normative documents developed by the Government of the city are submitted in accordance with the relevant provisions.

The following materials should be made available at the time of delivery of the normative document:

(i) One report on the normative documentation reserve;

(ii) The official text of normative documents and the drafting of a description of three copies (conclusive electronic texts);

(iii) Development of review reports by organs of the rule of law and legal, regulatory and related policy provisions;

(iv) Accreditation of published material;

(v) Other relevant materials.

In accordance with this approach, the normative documents approved under review by the same governmental rule of law bodies may not be submitted to the materials listed in subparagraph (iii) above at the time of presentation.

Article 31 of the normative documentation of the referral case is well-documented and registered by the law-making body of the author; the material is incomplete, back to the development body and is registered within five working days.

Article 31 provides that the rule of law of the competent organ shall be lawfully reviewed in respect of the content of the normative documents and the procedures for the preparation of the submission, identifying their content or developing procedures in violation of the relevant provisions, and shall be responsible for the alteration of the organ or other appropriate processing.

The establishment of an organ to object to the review may apply for review to the competent body of law.

Removal and decision-making by the competent authorities with regard to the normative documents of the referral case should be issued promptly to society.

Article 32 should be established by 31 January of each year, by the rule of law body of the issuance of a directory for the previous year.

The Government's rule of law institutions should transmit to the Government's bulletins, the Government's website, by 31 January each year, the directory of normative documents sent to the relevant organs of the previous year.

Chapter IV Oversight management

Article 33 XIII. The State's rule of law institutions in the city, the district and district governments should conduct oversight of the development and documentation of normative documents and provide regular briefings on the development and clearance of cases.

Article 34 Governments of municipalities, districts (markets, zones) should incorporate the development and documentation of normative documents into the legal administrative appraisal of the design organs of the government at this level.

Article 33 XV establishes and submits a normative document in one of the following cases, which is redirected by the Government's rule of law institutions and deducts the corresponding subsidiaries in the administrative examination of the law:

(i) No law-making body review, preparation of registration numbers;

(ii) Violations of the procedure;

(iii) No prompt feedback;

(iv) No provision;

(v) No provision of a request;

(vi) Not to submit a directory as required;

(vii) No change in the determination of the enforcement order as prescribed;

(viii) No clean-up as required;

(ix) Other circumstances under this approach.

Article 36 does not develop and submit the normative documents in accordance with this approach, in serious circumstances, resulting in serious adverse consequences, and is governed by the law by the inspectorate to hold the administrative responsibility of its principal heads and those directly responsible.

Article 37 Civil, legal or other organizations consider that normative documents are not lawful, may make written review recommendations to the Government's rule of law bodies or organs, whether governmental institutions or institutions should be reviewed and the review will be promptly feedback to the recommendor.

Chapter V

Article 338, the authorities of the communes (communes, districts) and the Government of the State shall use the Government's normative document-reviewed chapter in the preparation and processing of matters in normative documents.

The management of the normative documents of the commune (communes) government is regulated by the Government of the county.

Article 40