Guangxi Zhuang Autonomous Region, Regulatory Documents Regulatory Approach 

Original Language Title: 广西壮族自治区规范性文件监督管理办法 

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Guangxi Zhuang Autonomous Region, regulatory documents regulatory approaches (October 12, 2010 Executive meeting of the 11th session of the people's Government of Guangxi Zhuang Autonomous Region for the 69th review on November 2, 2010, the people's Government of Guangxi Zhuang Autonomous Region to 58th, published since December 1, 2010) first in order to strengthen the supervision and administration of regulatory documents, maintain the uniformity of the legal system and Government decrees to ensure correct implementation of the laws, regulations and rules to promote administration according to law, in accordance with the regulatory procedure Ordinance 

    (State Council Decree No. 322) and the decision of the State Council concerning strengthening the administration by law of city and County Government (nation (2008), 17th), combined with this practice, these measures are formulated. 

The second article of the normative document referred to, means other than government regulations, Governments at all levels and their departments, as well as legal and authorized rights to administer public affairs organization, relating to the rights and obligations of citizens, legal persons and other organizations, generally binding files and can be used repeatedly. 

    Governments at all levels and their departments establish internal system of work, technical procedures, administrative decision on specific issues, as well as direct management of personnel development documents, finance, Foreign Affairs and other matters, these procedures do not apply. 

Article III shall follow the uniformity of the legal system, developing normative documents according to legal terms and procedures, terms of reference and the principle of responsibility, democracy and openness and convenience. Regulatory documents shall be submitted for the record in accordance with law. 

Normative documents submitted for the record, it shall be reviewed. 

    Normative document filing, reviews should follow the necessary, the principle of trial, any mistake will be corrected. 

    Article fourth of normative documents generally refer to the name of "method", "rule", "decisions" and "rules", the "notice" and "notice" and "notice", "opinions", but not "regulation". 

    Fifth article has following case one of of, can developed normative file: (a) legal, and regulations, and regulations and superior normative file on a while of administrative work yet made clear provides; (ii) legal, and regulations, and regulations and superior normative file on a while of administrative work is has provides but provides not specific, and inconvenience operation; (three) legal, and regulations, and regulations and superior normative file authorized developed normative file. 

    Article sixth of normative documents shall control the quantity, quality, in accordance with the prescribed procedures. 

Laws, regulations, rules and normative documents have been clearly defined by superior content, normative document provisions should not be repeated. 

    Normative documents issued by the Government departments should be, in principle, not to the people's Governments at the corresponding level, or the Office of the Government (RM) on behalf of the release. 

    Article seventh standard document shall comply with laws, rules, regulations and national policies, not illegal creation of administrative license, the administrative punishment and administrative compulsory, administrative charges may not be illegal to increase obligation of citizens, legal persons and other organizations. 

    Eighth levels of people's Governments, the deliberation and coordination agencies of the provisional institutions, sectoral organizations and departments within the Agency shall make no normative documents, but, except as otherwise provided by laws and regulations. Nineth developed regulatory documents shall comply with the following procedures: (I) investigation and drafting; (b) for comments. Involve vital interests of the people, open for public comment, and (iii) the organization demonstrated. 

Involve significant matters as well as highly specialized, organization of experts; (iv) review of legality; (v) the enacting body in charge decided collectively; (vi) publication; (g) the record. 

    Normative documents without listening, brainstorming, the review of legality and decided, shall not be implemented without publishing normative documents, shall not be used as the basis of administration. 

    Article tenth drafter drafting normative documents development of normative documents should be necessity and feasibility research and normative documents to solve the problem, proposed the establishment of the main system and measures for energy conservation research and justification. 11th drafter drafting of regulatory documents shall be research, learn from experience, hearing the views of relevant organs, organizations, experts and citizens. 

Hearings may be in written comments and holding forums, feasibility study meeting, hearing and other forms. 

    Drafter drafting to the region, the industry has a significant effect or addressed directly to citizens, legal persons and other organizations important rights and obligations of the regulatory documents shall be announced to the public and seek the views of all sectors of the community. 

    12th draft relevant normative documents have more disagreements, drafting units shall conduct consultations cannot be unified after consultation, approval of the enacting body coordination. 13th draft normative documents of the people's Governments above the county level, drafting unit shall review of legality on the draft regulatory documents and brainstorming, head of the unit. 

Without legal review, heads of units of collective discussion and draft normative documents, signed by the head of unit, shall not be submitted to the Government for consideration. 

    Drafting Department draft regulatory documents should be sent to this Department's legal validity. 

14th report it to the Government for consideration of the draft regulatory documents, drafting preparation of notes and other related materials should be attached. 

Drafting instructions should include the necessity of development of normative documents, according to, the main measures, views from interested parties, and treatment of the contents. 

    Related material including the basis for development of normative documents (laws, regulations, rules, superior regulatory document text), request for comments summary. 

    15th Government draft normative documents by the General Office of the people's Governments at the corresponding level (lounge) transferred to the Legal Department for review of legality. 

16th regulatory documents the scope of the review of legality under article included: (a) beyond the statutory authority of the enacting body, (ii) compliance with laws, rules, regulations, and State policies and (iii) whether normative documents related to the conflict. 

    Department of Legal Affairs legal review of the draft normative documents on the Government, should be concluded in the 20th and written opinions to the Government. 

    Article 17th decision developed regulatory documents shall be considered in accordance with the following provisions: (a) regulatory documents developed by the people's Governments above the county level shall be considered by the Executive meeting of the Government decision, (ii) other regulatory documents established by the enacting body shall be subject to unit leaders decided collectively. 

    Clause 18th, normative documents of the review, published by the enacting body mainly responsible for the signing. 

    Article 19th of the signed publishing normative documents by the enacting body through the Government Gazette, the Government Web site or one of the local newspapers and other forms of public offering to the public. 

    20th is related to natural disasters, accidents, public health incidents and social security emergency need to develop normative documents, procedures can be simplified. 

21st normative documents has any of the following circumstances, interpreted by the enacting body: (a) the need to further clarify the specific meaning of normative documents, (ii) there is a new situation after the normative documents, you need suitable basis. 

    Interpretation of normative documents and normative documents have the same effect.

22nd regulatory documents shall be on the date of its signing within 15th, submitted for the record by the enacting body in accordance with the following provisions: (a) the city and County (district) and township (town) people's Government development of normative documents, the immediate upper level people's Government; (Ii) Government work sector developed of normative file, reported this level Government; (three) autonomous regions implemented vertical of sector developed of normative file, reported Shang level competent sector; (four) legal, and regulations authorized of organization developed of normative file, by competent sector reported sibling Government; (five) two a above sector joint developed of normative file, by hosted sector reported common of Shang level administrative organ; (six) administrative organ and non-administrative organ joint developed of normative file, 

    Newspapers by the Executive-level administrative bodies; (VII) local governments and the Central vertical sectors jointly develop normative documents, respectively executive authorities at a higher level. 

    23rd normative documents for the record review by Government Legal Department legal organization or sector specific Department. 

    Article 24th submit regulatory documents filed shall submit the filing text reports and regulatory documents. 

25th to normative documents submitted for the record, after reviewing the legitimate, be filed; not valid, notify the enacting body to correct. 

    The enacting body after receiving the notice, should correct itself in the 30th and report the results. 

    Article 26th filing authority legal department or legal entity shall each month will file regulatory documents to the public. 27th people's Governments above the county level and their departments should establish normative documents to regularly clean up the system. 

    Cleanup continues after effective regulatory documents shall be released to public, normative documents list of files not included in continue to be valid and shall not be used as the basis of administration. 

    28th in violation of these rules to develop normative documents, any of the following circumstances, the relevant administrative organs or the supervisory organs according to the seriousness of the charge and others directly responsible shall be given administrative punishments: (a) beyond the statutory authority, (b) hearings, (c) without a legal review and (iv) not been decided collectively. 

    Amendment and repeal of article 29th normative documents, procedures apply. 30th article this way come into force on December 1, 2010. Released on October 26, 2005 of the Guangxi Zhuang Autonomous Region, normative documents procedures (12th autonomous region people's Government) abrogated.