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Guangzhou Administrative Normative Document Management Regulations (Amended In 2011)

Original Language Title: 广州市行政规范性文件管理规定(2011年修正本)

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Regulatory provisions for administrative normative documentation in the city of Hiroshima (as amended in 2011)

(Act No. 11 of the Decree No. [2003] of 27 December 2003] of the People's Government Order No. 5 of 29 November 2005 [2005] amends 14 December 2010 at the 128th ordinary meeting of the Thirteenth People's Government of the State, adopted by Decree No. 52 of 20 January 2011, the date of publication)

Chapter I General

Article 1, in order to strengthen the management of administrative normative documents in my city, to promote the harmonization of the rule of law and to develop this provision in line with the relevant provisions of the Law on the Organization of People's Representatives at all levels of the People's Congress and at the local level of the People's Government.

Article 2 refers to administrative normative documents referred to in the present article, which refer to organizations authorized by the Government and its functional departments and laws, regulations and regulations that are responsible for the management of the functions of public affairs, in accordance with laws, regulations, regulations and government orders, decisions that are developed and published in accordance with the statutory powers and procedures, covering the rights, obligations of citizens, legal persons and other organizations, which are repeatedly applied within a certain period of time, and are generally binding in the areas under the jurisdiction.

Administrative normative documents are divided into governmental normative and sectoral normative documents. The executive normative documents issued by the Government of the city, the various districts and the communes (including the National Development Zone Management Committee) and its Executive Office or Office (hereinafter referred to as the Government) are the normative documents of the Government; organizations that are mandated by the Government's functional departments and laws, regulations and regulations to manage the functions of public affairs (hereinafter referred to as the sector) are normative documents issued in their own name.

The documents developed by the Government and its departments containing only the following elements are not included in the management of administrative normative documents:

(i) The internal management system, including the rules of public service with respect to the rights of citizens, legal persons and other organizations, such as personnel, administration, extermination and financial management, which are carried out within the Government and its departments;

(ii) Publication of documents for the development planning or framework of rural and urban construction, socio-economic cultural causes;

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

(iv) Responses to emergencies of sudden public events;

(v) To make requests and reports to the superior administrative body, the non-provocative review of administrative rules by the executive branch of the executive branch against the request of the lower-level executive body for business-related work;

(vi) Publication of public notices on matters such as time and place of conduct;

(vii) Administrative decisions on specific matters;

(viii) Legal, legislative and regulatory standards for the various types of quality technologies that have already been established in the process;

(ix) Documentation providing for personnel, finance, extermination and confidentiality matters that are directly covered by the sector.

Article IV. This provision applies to activities such as the development, publication and supervision of administrative normative documents in the city, district and district levels.

The provisions refer to the formulation, modification and repeal of administrative normative documents.

The following bodies shall not establish administrative normative documents:

(i) Interim institutions;

(ii) Proceedings coordination bodies and their offices;

(iii) The establishment and dispatch of institutions in the sector;

(iv) Non-governmental organizations that are responsible for the management of public affairs functions.

Article 6 establishes administrative normative documents that shall not be in violation of constitutional, legal, regulatory and regulatory provisions; shall not be in contravention of the orders, decisions of the superior administrative organs; nor shall it go beyond the statutory terms of reference of the subject.

The content already specified in laws, regulations and regulations does not in principle duplicate administrative normative documents.

Article 7 establishes administrative normative documents that may not be granted administrative licences, administrative penalties, administrative coercive measures, administrative fees and other matters that should be regulated by law, regulations and regulations.

Article 8. Administrative normative documents should be consistent with the principles of simplification, harmonization and effectiveness, which should be accurate and concise; the content of the provisions should be clear, specific and operational.

Article 9. Norms of administrative normative documents are generally expressed in the form of provisions. In addition to the complexity of the content, no chapter, section.

The name of the administrative normative document generally states as “the provision”, “the approach”, “rule”, “rule”, “rules”, “consideration”, “Recommendations”, “Recommendations” and “please”. General use of “mandatory”, “how”, “rules” for the content of entities.

The names of administrative normative documents do not affect their nature.

Drafting

Article 10

Sectoral normative documents are specifically drafted by sectoral rule of law institutions or by relevant operational bodies; they involve multisectoral functions, which can be co-drafted by more than two sectors.

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

Article 11. Drafting administrative normative documents, the drafting sector should conduct a study on the need and feasibility of developing administrative normative documents and conduct research on issues to be addressed in administrative normative documents, the main systems to be established or the main measures to be set.

Article 12 Drafting administrative normative documents, which should fully seek the views of other relevant departments, agencies.

The drafting sector should coordinate with the relevant departments, agencies that have made important disagreements with the content of the draft administrative normative documents.

Coordination and treatment of important disagreements should be reflected in the drafting note.

Article 13. Drafting administrative normative documents and following the completion of the procedures set out in Article 12 of this provision, the drafting sector should seek public advice.

The public opinion should be sought on the publication of public administrative normative documents on the drafting sector or the Government's portal without less than 10 days. The drafting sector could also take the form of a colloquium, an adjudication, hearings, etc. to seek public opinions or to seek advice through published newspapers. The drafting sector should organize an argument among the relevant experts for more technical administrative normative documents.

The drafting sector sought public advice and should be conducted with the consent of the rule of law institutions in this sector.

The administrative normative documents relate to the Government's major decision-making and are to seek public advice through the public media, and should be consulted in accordance with the provisions of the municipal government's decision-making for major public life.

Article XIV makes observations and recommendations to citizens, legal persons or other organizations, and the drafting sector should study the treatment, give feedback to citizens, legal persons or other organizations that make observations or recommendations, and make a presentation on the request for public advice in the drafting note.

Article 15. Sectoral normative documents or governmental normative documents drafted by sectoral organizations should be reviewed and amended by sectoral rule of law bodies and, after the adoption of a collective discussion by the sectoral leadership.

The review of the rule of law institutions in the sector should be set out in the drafting note.

Chapter III Review

Article 16

The administrative normative documents agreed without review by the Government's rule of law bodies shall not be issued; citizens, legal persons and other organizations have the right to refuse implementation of administrative normative documents issued by themselves.

Article 17

(i) Request for consideration by the Government;

(ii) Submission of normative documents;

(iii) A description of normative documents (including the purpose of developing governmental normative documents, the basis, the coordination of key elements and important disagreements, the evidence, etc.);

(iv) Relevant information sought (including the scope of the consultation, the analysis of the recovery opinion, the adoption of observations and their descriptions);

(v) Legal, regulatory, and national policies based on the drafting of normative documents;

(vi) Other relevant materials.

Incompatible with paragraph 1 of this article, the Executive Office of the Government (rooms) shall return to the process and request additional material for its duration. In accordance with paragraph 1 of this article, the Executive Office of the Government (room) shall transmit the text of the Government's normative document and its related materials to the Government's rule of law bodies for review before the Government's deliberations. The Government's rule of law institutions should provide a review of views within 10 working days from the date of receipt of the Government's Executive Office (rooms).

The Government's normative paper, drafted by the Government's rule of law body, was sent to the Government for consideration by the Government in accordance with paragraph 1 of this article by leading a collective discussion by the Government's rule of law body.

Article 18 sends a copy of the sectoral normative documents reviewed by the Government's rule of law bodies, which should be signed by the main heads of the drafting sector, which are co-drafted by several departments and should be co-signed by the principal heads of each sector and sent to the host sector.

Article 19 The drafting sector shall transmit to the public rule of law bodies the normative documents of the trial sector and shall submit correspondence to the public and the relevant materials provided for in article 17, paragraph 1, subparagraphs (ii), (iv), (v)).

Article 20 sends the material in accordance with sectoral normative documents in accordance with article 19 of this Article, and the rule of law institutions of the Government should review the content of the sectoral normative documents and establish procedures for legality.

The submissions were not in accordance with article 19 of the present article, and the Government's rule of law bodies could request the addition of the relevant material within the specified period; they would be sent to the trial sector without being supplemented within the specified period.

Article 21, on sectoral normative documents, should be reviewed by the Government's rule of law bodies within 10 working days of the date of receipt of the material and communicated to the trial department in writing of the review.

There is a greater controversy, complexity, or other major complex issues, which cannot be reviewed within the period specified in the preceding paragraph and, with the approval of the heads of the Government's rule of law, may extend 10 working days and shall be communicated in writing to the review sector on the reasons for the extension period.

The Government's rule of law bodies did not make a written review of their views within the prescribed time frame, which was considered to be agreed upon.

Article 22, paragraph 2, and article 21, paragraphs 1, 2 and 2, of the present article, requires the prompt development of administrative normative documents that may be subject to the limitations set out in article 13, paragraph 2, and Article 21, paragraph 1.

The circumstances referred to in the previous paragraph are of urgent nature:

(i) The occurrence of natural disasters, endemic diseases or other unforeseen events that endanger public safety at large;

(ii) Execution of emergency orders and decisions by superior authorities.

Article 23 should make a review of the consent of the Government's rule of law bodies with regard to the delivery of administrative normative documents consistent with this provision.

The Government's rule of law bodies should make additional comments on the draft administrative normative documents that are not in conformity with article 6, paragraph 2, 8 and 9, while reviewing their consent.

Article 24 provides one of the following cases in which the executive normative document is delivered, and the Government's rule of law bodies may make any disagreement with the publication, redrafting or suspension of the review:

(i) Violations of article 6, paragraph 1, and Article 7 of the present article;

(ii) The basic conditions for the development of normative documents are not ripe;

(iii) The main content of the provisions of the draft articles on the delivery of normative documents is largely controversial and the delivery sector is not sufficiently consulted or consulted with the relevant departments, agencies;

(iv) Public opinions should be sought without consultation.

The Government's rule of law bodies should listen to the views of the referral sector, in accordance with the preceding paragraph, when they did not agree to the publication, redrafting or reproducing of views.

Article 25 establishes a special chapter for sectoral normative documentation review, which is administered and used by the Government's rule of law institutions.

The written review by the Government's rule of law bodies should be accompanied by the exclusive chapter of the sectoral normative document review.

The Executive Office of the Government of Article 26 (rooms) shall submit to the Government, for its consideration or referral to the process of the referral of a draft of the Government's normative documents on the review of the Government's rule of law institutions.

The delivery sector should be processed in accordance with the review of the Government's rule of law body to refer to the normative document of the sector.

Article 27, which was challenged by the Government's review of the rule of law institutions, could be challenged in writing within 10 working days of the date of the written review of the Government's rule of law bodies, on the grounds that the Government was coordinated.

Chapter IV

The Government's normative documents were issued by the Executive Office of the Government (rooms) after the adoption of the Government's deliberations.

Sectoral normative documents should be issued following the signing of the main heads of departments by the development department in accordance with the public-language process; sectoral normative documents developed jointly by the two sectors were issued by the heads of departments. The development sector should issue a formal text of the document and its electronic file with the Government's rule of law bodies, which should be consolidated by the Government's rule of law bodies in accordance with article 34 of this provision.

The Government's normative documentation, which was considered by the Government, was decided to be reproduced by the Government and must not exceed the statutory scope of the author's functions, and its issuance procedures are implemented in accordance with article 2, paragraph 2.

Article 29

The Government's normative documents are harmonized by the Executive Office of the Government (rooms) and the uniform rules and procedures for sectoral normative documents are formulated separately and are reported to be implemented after the approval of the Government.

Article 33 Norms of administrative normative documents should normally be carried out after 30 days of the date of publication; however, no immediate implementation would impede the operation of administrative normative documents and could be carried out from the date of publication.

Article 31 should provide for an effective period. The effective period shall not exceed five years from the date of publication of administrative normative documents. The effectiveness of administrative normative documents is automatically terminated at the end of the period of effectiveness.

In the six months prior to the effective expiration of the administrative normative document, the development of the sector's view that the document needs to be continued, should be assessed on the implementation of administrative normative documents and be revised in accordance with the assessment. The Government's normative document is assessed by the original drafting department or by the Government's rule of law body.

The administrative normative documents that continue to be implemented or modified by the assessment are new administrative normative documents, which are being implemented in accordance with this provision, and are issued by No.

Administrative normative documents during an effective period may be modified or repealed in accordance with laws, regulations, regulations and relevant policies, as well as changes in practice, and their procedures are implemented in accordance with this provision.

The right to interpretation of administrative normative documents is a government or sector that develops the administrative normative document.

The administrative normative document should be made available to society. Administrative normative documents that have not been issued to social unity should not be used as a basis for the administration.

The uniform publication of administrative normative documents is two forms of a written platform and electronic distribution platform.

The municipal government reports are a written publication platform for the administrative normative documents of the city and its sectors. The text of the administrative normative document published by the Municipal Government is the standard text.

The Government of the city has established an electronic publication platform for administrative normative documents. The administrative normative documents of the city and its sectors should be made available to society through the electronic publication platform.

The construction, management, maintenance and updating of the administrative normative document e-issuing platform is the responsibility of the municipal rule of law institutions.

The harmonized system of administrative normative documents developed by district, district-level municipalities and their sectors is governed by district, district-level municipalities.

The municipal rule of law institutions should be published in the e-issuing platform of administrative normative documents through the review of the district, the normative documents of the district-level municipalities.

Documentation

Article 16, the Government's normative documents developed by the district, district-level municipalities, should be sent within 15 working days from the date of publication to the municipal rule of law institutions.

Article 337, the territorial Government's normative documents are requested and the following materials should be submitted to the municipal authorities' rule of law bodies:

(i) Communication of requests;

(ii) Formal text of administrative normative documents or decision to repeal administrative normative documents (a written and electronic text);

(iii) A description of administrative normative documents;

(iv) Develop laws, regulations, regulations and national policies based on administrative normative documents;

(v) The certified material published publicly;

(vi) Relevant submissions from other needs.

Article 338 governs the review of the content and the procedures for the formulation of normative documents at the district, district and district levels, and makes submissions within 10 working days from the date of receipt of submissions.

In violation of article 6, paragraph 1, and Article 7, of this provision, the municipal rule of law institutions should make a declaration of withdrawal or change, and the Government of the communes and the communes rejects the withdrawal or modification of the State's rule of law institutions.

Chapter VI Oversight

Article 39 of the municipal rule of law institutions are responsible for monitoring the development and management of administrative normative documents of the municipal government and district, district and district levels.

Regional, district-level and municipal rule-of-law institutions are responsible for monitoring the development and management of administrative normative documents at the level of government, street offices and the town government.

The rule of law in the sector is responsible for monitoring the development and management of administrative normative documents in this sector.

Article 40 oversees the development and management of administrative normative documents by the Government's rule of law bodies, which are based on different circumstances:

(i) The Government's rule of law bodies may declare the document null and void without review by the Government's rule of law institutions;

(ii) The municipal rule of law institutions may make proposals to the Government of the city for the withdrawal or correction of landless or in violation of the normative documents of the local, district-level government established under this provision;

(iii) In violation of this provision, the development of administrative normative documents, in a case of serious adverse consequences and negative impacts, and the Government's rule of law institutions may bring to the attention of the relevant authorities, such as the inspectorate, the executive responsibility of their principal and direct responsibilities under the law;

(iv) The Government's rule of law should be required not to be sent to trial or to release administrative normative documents in accordance with this provision; the denial of correction, notification of criticism and the administrative responsibility of its principal and direct responsible personnel may be brought to the relevant departments, such as the inspectorate.

Article 40. Citizens, legal persons or other organizations may make proposals for the development of administrative normative documents to governmental rule of law bodies or departments concerned, and governmental rule of law institutions or departments that have received recommendations should conduct research findings on the need for the development of administrative normative documents and provide responses to civil, legal or other organizations that make recommendations.

Civil, legal or other organizations are of the view that administrative normative documents are not in accordance with this provision and may make recommendations for review to government rule of law institutions. The Government's rule of law institutions should review and respond to citizens, legal persons or other organizations that have submitted recommendations for review.

Article 42 of the Government's rule of law bodies do not carry out administrative normative documentation review responsibilities, resulting in serious social consequences, and are subject to the administrative responsibility of the inspectorate to the principal heads of State and those directly responsible.

Chapter VII

Article 43 governs the administration of administrative normative documents at the Street Office and the Government of the Town.

Article 44