Shantou Normative Documents Of The Executive Regulations (Revised 2010)

Original Language Title: 汕头市行政机关规范性文件管理规定(2010年修正本)

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201108/20110800346644.shtml

Shantou normative documents of the executive regulations (revised 2010)  (December 16, 2005 Government of Shantou, 85th, Shantou city, published December 3, 2010, the Shantou City Government to amend provisions of normative documents of the Executive management and the Shantou municipal State-owned assets management of State-owned enterprise decided to amend the provisions, Shantou city, November 25, 2010 December 3, 2010 the 12th Executive meeting of the people's Government of the 71st endorsed by Shantou City Government announced come into force on the date of promulgation, 119th) chapter

    General provisions

    First in order to strengthen the normative documents of the Executive management of the city, maintaining uniformity of the legal system, promoting administration according to law, in accordance with the relevant provisions of laws and regulations, combined with the city's actual, these provisions are formulated.

    Second City following administrative organs (including modified, repealed, the same below) regulatory documents shall comply with these requirements:

    (A) the Government departments (including government departments, affiliated institutions and agencies and other bodies exercising administrative functions according to law, the same below):

    (B) the district or county people's Governments and their departments;

    (C) the town, neighborhood offices.

    Normative documents referred to in the preceding paragraph refers to the administrative organs in accordance with the statutory power to develop publishing, to citizens, legal persons or other organizations with General binding force, files can be applied repeatedly.

    Municipal development of normative documents, reference to municipal government regulatory procedures of the relevant provisions.

    Administrative organ within the system, management system, these rules do not apply.

    Article III of the deliberation and coordination agencies and ad hoc bodies and the executive organs shall make no normative documents.

    Fourth administrative organs of normative documents, shall comply with the following requirements:

    (A) follow to maintain the legitimate rights and interests of citizens, legal persons or other organizations, administrative authorities shall exercise functions and terms of reference consistent with the responsibilities, terms of reference and legal principles of due process;

    (B) meets the requirements of legal unity, does not contravene with the host computer, consistent with the WTO rules and China's commitments the Government, coordination, cohesion and other policy measures;

    (C) the upper law has clearly defined the contents and general provisions will not repeat.

    Article fifth normative documents may not be set to the following matters:

    (A) establish or change or annul of an administrative license, the administrative punishment and administrative compulsory measures;

    (B) establishment or modification, revocation of administrative fees and business service charges (except for the authorities to perform their function of price control);

    (C) other laws, regulations, rules or set by a higher administrative authority.

    Article sixth standard document shall conform to the requirements of the relevant technical specification:

    (A) Executive format for official documents and procedures;

    (B) the name is generally "rules", "way", "rules", the "implementing rules", "implementation", "command", "notice", "notice", "decisions" or "announcement";

    (C) the content may take the form provision, paragraph form can also be used; named "rules", "way", "rule", "rules" and "implementation measures", should take the form provision;

    (D) the term should be accurate, concise, with words and punctuation marks should be correct and standard. Article seventh validity of regulatory documents shall be provided. Normative document is valid from the date of execution is not more than 5 years; marking ' provisional ' or ' pilot ', which is valid for not more than 2 years from the effective date; an arrangement of work and deadlines, which may not exceed the working hours.

    Has expired, the standard document shall automatically cease. Normative documents before the expiry of 6 months, the enacting body shall conduct timely assessments. Assessment is that the files needed to continue, based on assessment of the situation should be revised.

    Revised regulatory documents for new normative document, developed in accordance with this regulation.

    Chapter II the drafting of normative documents Eighth executive to draft normative documents, should be on the necessity and feasibility of normative documents, to solve problems, intends to establish the main system or the main measures to be provided for research demonstration, listen to relevant departments and organizations and management or expert opinion.

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

    Nineth drafting of normative documents directly involving citizens, legal persons or other organizations ' vital interests or development to the region, the industry has a significant impact shall be announced to the public and seek the views of all sectors of the community, if necessary, or laws, regulations, rules and regulations must hold a hearing and shall hold a hearing.

    Tenth draft normative documents involving other executive responsibilities or other close ties to the Administration, the enacting body shall fully seeking the views of other administrative bodies.

    11th no unit or individual can submit written comments to the normative documents of the enacting body and recommendations.

    The enacting body shall conduct studies on the observations and recommendations of the relevant units and individuals, to the legal basis or practical advice and recommendations, should be adopted.

    Chapter III examination of normative documents

    12th regulatory documents shall be carried out by the legal bodies of the Executive law review no established rule of law institutions of the executive authorities, shall specify the relevant special agencies or legal review.

    The normative documents of the 13th municipal government departments, must be in accordance with the Government of Shantou announced management regulations (hereinafter referred to as the bulletin provisions), Department of Legal Affairs, drew attention to the provisions of the law review. Two or more departments developed jointly, by the sponsoring department is responsible for the attention.

    The enacting body shall at the commencement of normative documents to be 25 working days ago,, Department of Legal Affairs, drew attention to the legal review.

    14th article city legal sector should on municipal government work sector drew attention to the review of normative file for audit, II Xia meet this provides second article second paragraph provides of, decided not accepted, and written told drew attention to the sector; meet this provides second article second paragraph of provides, but according to announcement provides should submitted of other about material not complete, and not specification, may effect review work normal for of, should written notification drew attention to the sector deadline correction, drew attention to the sector no due reason late not correction of, considered not drew attention to the.

    Except as provided in the preceding paragraph, to review applications from the date of receipt of the Department of Legal Affairs, that is to accept.

    Section 15th of the departments of the Municipal Government drew attention to the review of regulatory documents, review, Department of Legal Affairs shall, in the following areas:

    (A) whether these provisions are consistent with third, fourth, fifth, sixth, 31st of the rules;

    (B) whether proper handling of related departments, organization and management or expert advice;

    (C) whether there are any other illegal and inappropriate questions.

    Article 16th municipal works departments drew attention to the review of regulatory documents, Department of Legal Affairs shall, within 7 working days from the date of acceptance, written review comments according to the following provisions:

    (A) for content, in accordance with the relevant laws, rules and regulations and the provisions of these regulations, legal review;

    (B) the content, programs, basic legal, but need to be further improved, and propose changes to improve the views and the reasons;

    (C) for content, the program does not comply with the relevant laws, rules and regulations and the provisions of these regulations, without legal review and explain the reasons.

    On complex, controversial or other major problems, not be completed within the time limit prescribed in the preceding paragraph review of regulatory documents, approved by the head of Department of Legal Affairs, you can extend the 7 working days and will extend the review period and the reasons for writing drew attention to the review of departments.

    City legal system within the sector prescribed at the end to send the review drew attention to the review of the Department's deemed agreed to review of normative documents submitted by the Department.

    When 17th of municipal law departments in the review of regulatory documents, need views of relevant units, the units concerned shall, within the period provided comments; consider necessary normative documents about the case, the enacting body shall within the period specified in the instructions.

    18th City Department, Legal Department disagrees with the review of regulatory documents, receipt of the review comments within 10 working days of the date the city Legal Department did add that issues related to the respect of the normative documents, legal departments, and consultations cannot come to an agreement through consultation, Municipal Department of Legal Affairs shall refer the Government decision.

    19th district and county people's Government departments and regulatory documents established by the town government, neighborhood offices, the legal review by reference to the provisions of this chapter to implement.

    Decision of the fourth chapter of normative documents and publishing

    Article 20th normative documents shall generally be the normative documents of the relevant meeting. Article 21st regulatory documents shall be released to the public, publishing should be convenient to check out the citizens, legal persons or other organizations.

    Is a normative documents of the municipal departments, should be in accordance with the notice provisions, as well as other relevant provisions of the Municipal Government published in the Bulletin of the Shantou City Government, and the Municipal Government published the full text on the public network.

    District and county governments and their departments of normative documents, carrier decided by the people's Governments at the corresponding level.

    Town, neighborhood offices should be established in the Office and public places bulletin board announcement its normative documents, publication date shall be not later than 30th.

    22nd normative documents should provide specific implementation date, this date should be published after 5 working days from the date, but not implemented could affect regulatory documents to implement immediately after they were published, and can be implemented from the date of publication.

    The fifth chapter of normative documents for the record

    23rd District and county governments regulatory documents shall be submitted from the date of publication in the 30th city record, while providing the following documentation:
(A) drew attention to the record's correspondence;

    (B) the official text of the standard documents (including electronic copies), in duplicate;

    (C) the description of the development of normative documents (including electronic copies), in duplicate;

    (D) development of normative documents on the basis of laws, rules and regulations, national policies, orders and decisions of the higher administrative authority;

    (E) development of normative documents on the basis of other relevant information. Municipal Legislative Affairs Department responsible for district and County record review of normative documents.

    According to the normative documents submitted to the City Government for the record and related materials, size, Department of Legal Affairs, send.

    24th article city legal sector should on district, and County Government submitted record of normative file for audit, not meet this provides second article second paragraph provides of, decided not accepted, and written told developed organ; meet this provides second article second paragraph of provides, but according to this provides 22nd article of provides should submitted of other about material not complete, and not specification, may effect record work normal for of, should written notification developed organ deadline correction, developed organ no due reason late not correction of, considered not submitted.

    25th of Municipal Department of Legal Affairs shall set forth the district and county governments to submit for the record the normative documents have been reviewed, found to be in violation of these provisions, in accordance with the following provisions:

    (A) does not comply with the provisions set forth in third, fourth, fifth, or there are other problems such as illegal and inappropriate by the Municipal Department of Legal Affairs submitted to the municipal people's Government to rescind, change or correction;

    (B) complies with the provisions of this article sixth, city departments can contribute to the development of the legal system put forward opinions, by the enacting body to deal with.

    26th district and County departments and town government, neighborhood offices in developing normative documents, the filing by reference to the provisions of this chapter.

    The sixth chapter the supervision and inspection

    27th people's Governments at various levels shall organize the supervision and inspection of the implementation of the provisions of.

    28th in violation of the provisions of the normative document is invalid, no unit or individual shall not be based on the exercise of rights or request others to meet their obligations.

    29th government legal departments at the same level should be normative documents and lower levels of government regulatory documents the development and management of supervision and inspection.

    Without the Government legal organization for examination and approval and departmental normative documents issued by the carrier without provisions, government legal agencies may request the people's Governments at the corresponding levels shall be ordered to correct the proposal fails, the Government legal organization can assure the public that the file is not valid.

    Without filing regulatory documents, government legal agencies may request the people's Governments at the corresponding levels shall be ordered to correct or cancel proposal.

    Article 30th in violation of the provisions of normative documents, if the circumstances are serious, serious adverse consequences, or damages due to the enforcement of an ineffective regulatory documents citizens, legal persons or other legal rights of the Organization, government legal agencies may ask the administrative supervision departments shall be subject to the enacting body mainly responsible and the administrative responsibility of the persons directly responsible.

    31st government agency to perform standard document review function of the legal system and would have serious social consequences, should be held directly responsible to the Chief and administrative responsibilities.

    Other provisions of the seventh chapter

    32nd due to major disasters, epidemic diseases, the protection of public security and vital public interests, implement higher administrative authority of emergency orders and decisions, and so on, require immediate implementation of normative documents, approved by the enacting body primarily responsible, you can simplify the argument, comment, legal review and public release procedures.

    Administrative authorities of normative document according to the provisions of the preceding paragraph, shall from the date of implementation of the normative documents in accordance with these provisions within 3 business days from the relevant provisions of the supplementary law review and published procedures.

    33rd normative documents by the enacting body to explain.

    Article 34th between sectoral normative documents of the municipal government, the municipal government departments regulatory documents and district and county people's Governments shall prevail between normative documents on the same matter, coordinated by the relevant administrative organ; coordinated agreement cannot be reached, by the Municipal Department of legal coordination coordinated consensus still cannot be reached, decided by observations reported to the municipality to the City Law Department.

    35th article of any units and individuals believe that the Executive is publishing normative documents implemented in violation of the provisions of, you can review recommendations to the municipality in writing, by the Municipal Department of legal studies and put forward opinions, in accordance with the prescribed procedures.

    Article 36th normative documents the purposes, design authorities and enforcement authorities should regularly assess the implementation, assessment and inform government legal agencies.

    37th through law review and published in the Bulletin of the Government of Shantou municipal government departments regulatory documents and normative document submitted to the municipal records of district and County, Municipal Department of Legal Affairs shall in each year of the Shantou City Government Gazette published its directory.

    38th normative documents should be compiled on a regular basis published normative documents.

    39th normative documents should always clean up regulatory documents; cleanup following the daily cleaning and regular cleaning of combining principle, special combination of cleaning and the cleaning.

    Normative documents, one of the following circumstances, the enacting body shall conduct cleanup and to be amended or annulled according to the actual situation:

    (A) the main content do not adapt to the changing circumstances and needs of public administration, is not conducive to economic and social development;

    (B) the main contents and contravene existing laws, regulations, rules and other upper or new laws, regulations, regulation of the upper law has been adjusted;

    (C) the object had disappeared;

    (D) other circumstances that should clean up according to law.

    The eighth chapter by-laws 40th article of the regulations come into force on February 1, 2006.

    January 5, 2004, Shantou Shantou City Government order published by the 76th, the normative documents of the executive regulations repealed simultaneously.

    41st through December 31, 2010, the purposes of normative documents of less than 4 years, its validity period not exceeding 5 years from the effective date; mark "provisional", "pilot" and the purposes of normative documents for less than 1 year, it is valid for not more than 2 years from the effective date. Until December 31, 2010, which has operated for less than 4 years, or marked "provisional", "pilot" and normative documents which has operated for over 1 year, the residual is valid for 1 year. The enacting body shall clean up during the validity of the remaining normative documents, considered it necessary to continue to implement, and shall, in accordance with the provisions of amendments amendments, normative documents from the date of expiry of the remaining stops execution.