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)

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201108/20110800346664.shtml

Guangzhou administrative normative document management regulations (amended in 2011)

    (The people's Government of Guangzhou City, December 27, 2003 order [2003] posted November 29, 2005, 11th Guangzhou City people's Government [2005] 5th revised December 14, 2010 Executive meeting of the 13th session of the people's Government of Guangzhou City, the 128th amended by the people's Government of Guangzhou City, January 20, 2011 announced come into force on the date of promulgation, 52nd) Chapter I General provisions

    First to strengthen the city's administrative normative document management, promoting administration according to law, maintain the uniformity of the legal system, according to the People's Republic of China local people's congresses and organic law of the local people's Governments at all levels and other relevant provisions of laws and regulations, based on actual city, these provisions are formulated.

    Second article this provides by said administrative normative file, is refers to Government and functions sector and legal, and regulations authorized of has management public affairs functions of organization, according to legal, and regulations, and regulations and superior Government of command, and decided, according to statutory terms and program developed and public released of, involved citizens, and corporate and other organization of right, and obligations, in must period within repeatedly applies, in by jurisdiction regional within has general binding of file. Administrative normative document is divided into normative documents and normative documents of departments of the Government.

    Municipal, district and county people's Governments (including the State-level development zone management Committee) and its Office or offices (hereinafter referred to as the Government) in their own name administrative normative documents issued by the Government regulatory documents; Government departments and legal and authorized rights to administer public affairs functions of the Organization (hereinafter referred to as departments) in their own administrative normative documents issued by the Department on behalf of normative documents.

    Article and departments of Government contains only the following file is not included in the administrative normative document management:

    (A) the internal management system, including Governments and their implementation within the Department of personnel, administration, Foreign Affairs, finance and other citizens, legal persons and other organizations without directly affecting the rights and obligations of corporate rule;

    (B) the announcement of the cause of urban-rural development, economic, social and cultural development plan or outline of the document;

    (C) to implement the higher levels of Government or departmental deployment of special tasks and develop work programmes, work plans;

    (D) the emergency response plan for dealing with unexpected public events;

    (E) to consult and report to the higher administrative authority, a higher administrative authority to subordinate administrative organs made by the relevant operational work instructions non-Pfeiffer reply without creating administrative rules;

    (Vi) matters such as working hours, work published notices for the convenience;

    (VII) administrative decisions on specific issues;

    (H) the provisions of laws and regulations to establish procedures of quality and technical standards;

    (IX) of departments directly under the institution's personnel, finance and Foreign Affairs, regulating matters such as confidentiality of files.

    Fourth article of the rules applicable to the municipal, district and county-level people's Governments and their departments administrative normative documents developed, publishing and monitoring activities.

    Set in these rules, including the enactment, amendment and repeal of administrative normative document.

    Article fifth the following institutions shall make administrative normative documents:

    (A) temporary organizations;

    (B) the deliberation and coordination agencies and offices;

    (C) the organs and agencies of the Department;

    (D) not to administer public affairs functions of the organization.

    Sixth administrative normative document, shall not violate the provisions of the Constitution, the laws, regulations and rules; shall not be contrary to the higher administrative authority orders, decisions shall not exceed primary statutory terms of reference.

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

    Seventh administrative normative document may not be establishment of an administrative license, the administrative punishment and administrative compulsory measures, administrative fees and other matters shall be determined by law, regulations and rules.

    Article eighth administrative normative documents shall comply with the principle of simplification, uniformity and efficiency, the term should be accurate and concise; provisions should be clear, specific, operational. Nineth general administrative normative documents in the form of provisions.

    Apart from the complex, and not divided into chapters and sections. Administrative normative document names are generally called "rules", "way", "rule", "rule", "views", "decisions" and "notice" and "notice" and "notice".

    Usually involving entities content "rules", "method", "rules".

    Name does not affect the nature of administrative normative document.

    Chapter II preparation

    Tenth government regulatory documents by the relevant Government Department or Government legal agencies organize the drafting.

    Sectoral normative documents by the relevant sector legal entity or business Agency has specific responsibility 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.

    11th draft normative documents, drafting Department to study the necessity and feasibility of developing normative documents, and administrative normative document to solve the problem, proposed the establishment of the system or the main measures to be provided for research demonstration.

    12th draft normative documents, drafting departments should fully consult the views of other relevant departments and agencies.

    Related departments, agencies of administrative normative document significant differences of opinion on the draft, draft departments should coordinate.

    Coordination and handling of major differences of opinion, it should be stated in the drafting instructions.

    13th draft normative documents, after completing the procedure specified in this article 12th, drafting Department for public comment. Should be drafted in consultation with the public sector or Government documents public administrative normative documents on the portal site, and shall not be less than the 10th. Drafting Department also held seminars, feasibility study meeting, hearings, public comment, can also published newspapers and magazines for advice.

    Professional technical administrative normative document drafting departments shall organize relevant experts to demonstrate.

    For public comment the draft sector shall be subject to legal examination and approval of the Department.

    Administrative normative documents related to the Government's decision, proposed for public comment through the public media shall be in accordance with this major livelihood decision public consultation provisions of the municipal government.

    14th of citizens, legal persons or other organizations to submit comments and recommendations, drafting Department shall research, will take feedback to comments or recommendations of the citizens, legal persons or other organizations, and draft for public comment in the notes in the description of the situation.

    15th administrative normative document drafted by sector organizations or Government regulatory documents shall be centrally by the Department legal review, modify, Department head after collective discussion through to form a draft.

    Department legal agencies set out in the description of the audit opinion should be drafted.

    Chapter III examines

    16th administrative regulatory documents shall be released after examination as to the level of government legal agencies.

    Without the consent of government legislative bodies in reviewing the administrative normative document shall not be released unauthorized administrative normative documents issued by citizens, legal persons and other organizations have the right to refuse to carry it.

    17th sector organizations drafting normative documents of the Government, formed after the draft should be brought to the consideration of the Government, and submit the following materials:

    (A) to draw the Government's consideration;

    (B) normative documents draft;

    (C) the description of the regulatory documents (including the development of normative documents, the Foundation and the main purpose of the Government content and coordination of major disagreements, arguments, and so on);

    (D) to seek the views of relevant material (including scope, on the recovery of comments analysis, opinions and instructions adopted);

    (E) drafting of normative documents on the basis of laws, rules, regulations and national policies;

    (F) other relevant material. Does not meet the provisions of the first paragraph of this article, the Office of the Government (rooms) shall be returned to the submitting Department requires within the supplementary material. To meet the requirements of the first paragraph of this article, the Office of the Government (a) shall, before consideration of the Government draft government regulatory documents and related materials transmitted to the Government legal organization reviews.

    Government legislative bodies should receive Government Office (room) transferred within 10 working days from the date of the letter issued by the review.

    Government draft government regulatory documents drafted by the Organization of the legal system and rule of law institutions of collective leadership for discussion and adoption by the Government in accordance with the provisions of the first paragraph of this article draws attention to the Government's consideration.

    Article 18th sent the Government legal agencies to review draft sector normative documents shall be signed by the head of drafting Department's main; co-authored several sectors shall be signed jointly by the departments in charge of, and the sponsoring department is responsible for the trial.

    Article 19th drafting legal approval to the Government sector normative documents approval letter shall be presented as well as the 17th paragraph (b), (c), (d) and (e) provision of related material.

    Article 20th in accordance with the provisions of article 19th sector normative documents for approval of materials, government legal agencies should draft sectoral normative documents and to establish procedures for legal review.

    Submission does not comply with the provisions of article 19th, government legal agencies may request within the term specified in the additional related materials; not added within a specified period, trial materials returned to the submitting departments.

    Article 21st departmental normative documents, government legal agencies should be collected within 10 working days from the date of submitting materials review has been completed, and will review the opinion in writing notify the submitting departments.

    Controversial and complex content, or other major problems involved, within the time limit prescribed in the preceding paragraph cannot be examined, approved by the head of the Government legal organization, can be extended by 10 working days, and shall inform the approval authorities in writing of the reasons for the extension.
Government legal organization has not written comments within the prescribed period, as examined and approved.

    22nd due to the urgency of the situation requires rapid development of normative documents, is not subject to the provisions of article 13th, 20th, and 21st in the second paragraph of first to second limit.

    Emergency referred to in the preceding paragraph refers to:

    (A) natural disasters, epidemics or other unexpected events occur, threatening a wide range of public safety;

    (B) emergency orders and decisions of the executive authorities.

    Article 23rd draft submitted to meet the requirements of this administrative normative documents, legal review should be agreed with the views of the Government.

    Does not comply with the provisions of article sixth, eighth and Nineth draft stipulates administrative normative documents, government legal agencies review the consent at the same time, should be added to modify the views put forward.

    Article 24th of administrative normative document draft one of the following circumstances, government legislative bodies could not agree to release, redrafting or defer the development of review comments:

    (A) in violation of the provisions set forth in article sixth, seventh;

    (B) basic conditions of development of normative documents is still immature;

    (C) relevant departments main contents of the draft provisions of normative documents controversy, approval authorities without consultation full consultation with concerned departments, agencies or themselves;

    (D) public comments shall be solicited without public comment.

    Government legal agencies according to the provisions of the preceding paragraph do not agree with published, redrafting or suspended before a view is formulated, should hear the views of departments submit.

    Review special 25th government sector normative documents by the Government bodies responsible for the management and use of the legal system.

    Government legal agencies to review the written observations shall be affixed to review special sector normative documents.

    26th Government Office (room) should the Government legal organization reviews proposed comments on draft government regulatory documents, considered or referred to the approval of the Government departments.

    Approval authorities shall, according to the Government legal organization the review comments on the draft sector normative documents for processing.

    Sector in government legal agencies submit review 27th there are dissenting opinions, receipt of written comments of the Government legal agencies in writing within 10 working days from the date of objection, giving reasons, drew the Government's resolve.

    The fourth chapter release

    After consideration by the Government, the 28th government regulatory documents from the Office of the Government (rooms) in accordance with the documents distribution. Sector regulatory documents shall be subject to the development sector signed by the Development Department in accordance with the official procedure, released two or more branches of the departmental regulatory documents, signed by the heads of the major release after.

    Develop Department should file a formal sector normative documents released at the same time sent text and electronic documentation the Government legal service; verification infallible, legal institutions by the Government in accordance with the provisions of this article 34th unified publishing.

    Government regulatory documents after being considered by the Government decision issued by a Government Department, may not go beyond posting the statutory mandate of the Department, its distribution of the program in accordance with the second paragraph of this article shall apply.

    Article 29th administrative normative documents shall not be letter number release.

    Government regulatory documents by the Office of the Government (RM) number, number sector normative documents rules and procedures shall be formulated and submitted to the municipal people's Government for approval before implementation.

    Article 30th administrative normative documents shall generally be implemented since the release date of 30th but released immediately implemented will prevent administrative normative documents to implement, can be implemented from the date of publication. 31st should provide valid administrative normative documents. Valid from administrative normative documents should not be longer than 5 years from the date of issue.

    Expiration, effectiveness of administrative normative document automatic termination. Administrative normative documents before the expiry of 6 months, developed departments of the need to continue to implement the file, should be to assess the implementation of the normative documents, according to the assessment of the revised.

    Assessment by the Government regulatory documents, drafted by the former departments or Government legal agencies.

    Assess the need to continue execution or continue the execution of the modified administrative normative document for the new administrative normative document its procedures in accordance with these provisions, and renumbered number issued.

    Within the period of validity of administrative normative document according to the laws, rules, regulations and related policies, as well as the facts change to amend or repeal its procedures in the light of this regulation.

    Article 32nd explanation right belongs to the development of the normative documents of the normative documents Government departments. Article 33rd administrative regulatory documents shall be released to the social Union.

    Social unity has not been released implementation of administrative normative document shall not be used as the basis of administration.

    Article 34th administrative normative document issuing carrier for writing platform and e-publishing platform in two forms. Municipal governance is for the city and the Department of administrative normative document writing publishing platform.

    Municipal Chief Administrative normative document text published as a standard text. Municipal people's Government the establishment of administrative normative document electronic publishing platform.

    Municipal Government and its administrative sector regulatory documents shall be published by the e-publishing platform to social unity.

    Administrative normative documents of electronic publishing platform construction, management, maintenance and updating of the data by legal bodies.

    35th district, county-level city governments and their departments to develop system of administrative unification of normative documents issued by district and County Municipal Government regulations.

    By filing legal institutions should be reviewed, normative documents of the municipal government at the county level administrative normative documents published on the e-publishing platform.

    The fifth chapter records

    Article 36th district, a county-level city government government regulatory documents shall, within 15 working days from the date of issue, send legal filings.

    37th district, county-level city of normative documents record, shall submit the following documents to the legal bodies:

    (A) send registered letters;

    (B) administrative normative document full text decisions or repeal administrative normative documents (one copy of the paper and electronic);

    (C) the description of the development of normative documents;

    (D) development of administrative normative document on the basis of laws, rules, regulations and national policies;

    (E) publicly available evidence;

    (Vi) other related materials need to be submitted.

    Article 38th record of legal institutions, normative documents of the municipal government at the county level and preparing procedures for legal review and receipt issued within 10 working days from the date of filing for record views.

    Area, normative documents of the municipal government at the county level in violation of the provisions of article sixth, seventh, and legal institutions should withdraw or correct views of district and municipal people's Government at the county level for legal institutions withdraw or correct there are dissenting opinions, can be brought to the municipal coordination.

    The sixth chapter monitor

    39th legal bodies responsible for government departments and district, county-level government administrative normative document the development and management of supervision and inspection.

    District and County legal bodies responsible for this level of government departments, street and town government supervision of the establishment and management of administrative normative document checks.

    Sector legal entity responsible for administrative normative document of the Department of development and management of supervision and inspection.

    Administrative normative document of the 40th government legal agencies to develop and supervise the implementation of management checks, processing depending on the circumstances as follows:

    (A) without the Government legal organization reviews, publishing of departmental normative documents issued, government legal agency to declare that the document is invalid;

    (B) without filing or violation of the provisions of the development area, normative documents of the municipal government at the county level, legal body may appeal to the municipal people's Government to withdraw or correct advice;

    (C) violation of the provisions of administrative normative document, if the circumstances are serious, serious adverse consequences and negative impacts, government legal agencies may ask the supervisory organs and other relevant departments shall be subject to the charge of administrative responsibility and persons;

    (D) not in accordance with the provisions for approval or for the record, publishing normative documents, government legal agencies should be required to correct it refuses, criticized, and may ask the supervisory organs and other relevant departments shall be subject to the charge of administrative responsibility and persons.

    41st citizens, legal persons or other organizations can contribute to the Government legal organization or administrative normative documents of the departments concerned on the development proposal, the proposals received government legal agency or Department shall develop administrative normative documents the necessity, feasibility study, and respond to proposed recommendation by citizens, legal persons or other organizations. Citizens, legal persons or other organizations that administrative normative documents do not comply with the provisions of the review of recommendations to the Government legal agencies.

    Government legal agencies should review and reply to review recommendations made by a citizen, legal person or other organization.

    42nd government legal agency to perform administrative regulatory review responsibilities, have serious social consequences by the supervisory authorities be held accountable under the administrative responsibility of principals and persons.

    The seventh chapter by-laws

    Article 43rd Street, town government administrative normative document management with reference to these provisions. 44th article of the regulations come into force on the date of promulgation.