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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)

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Regulatory provisions for the management of normative documents for the executive organs of the municipality (as amended)

(Act No. 85 of 16 December 2005 on the Government of the Challenge of the Challenge of 3 December 2010 (Act No. 85 of 16 December 2005) Amendments to the Decision of 25 November 2010 at the 71st ordinary meeting of the Twelfth People's Government on the revision of the normative documentation management provisions of the first municipal administration and the implementation of the provisions of the regulations governing the management of State-owned assets in the municipality of the municipality of the municipality of origin, adopted on 3 December 2010 at the date of publication of the Ordinance No. 119 of 3 December 2010)

Chapter I General

Article 1, in order to strengthen the management of normative documents of the executive organs of the city, preserve the unity of the rule of law, promote the administration of the law and establish this provision in conjunction with the provisions of the relevant laws, regulations and regulations.

Article 2

(i) The municipal government service (including the Government's composition, the immediate agency, the executing agency and other institutions exercising administrative functions under the law):

(ii) Regions, the People's Government and its work sectors;

(iii) The Government of the town, the street office.

The normative document referred to in the previous paragraph refers to documents that are generally binding on citizens, legal persons or other organizations, which are issued by the executive branch in accordance with the statutory mandate.

The development of normative documents of the municipal government is governed by the relevant provisions of the regulations of the municipalities.

This provision is not applicable to the system of work within the executive branch, the management system, etc.

Article 3 does not establish normative documents by the competent coordinating bodies, interim bodies and the institutions of the administration.

Article IV

(i) To uphold the legitimate rights and interests of citizens, legal persons or other organizations, to ensure that the executive branch exercises its functions in accordance with the law, in accordance with its responsibilities and the principles of the statutory and procedural law;

(ii) In line with the requirements of the harmonization of the rule of law, the content is not incompatible with the top law, in line with the WTO rules and the Government's commitment, and in coordination with other policy measures;

(iii) The content already specified in the top law is not generally repeated.

Article 5

(i) Establish or modify, withdraw administrative licences, administrative sanctions and administrative coercive measures;

(ii) Establish or modify, rescind administrative fees and operating service charges (other than the performance of price management functions by the price authority in accordance with the law);

(iii) Other matters to be established by law, regulations, regulations or superior administrative bodies.

Article 6. Normative documents should be in line with the requirements for the development of technical norms:

(i) In accordance with the official language format and procedures of the executive branch;

(ii) The name is generally “the provision”, “The approach”, “rules”, “implementation rules”, “implementation methods”, “orders”, notice”, “decision” or “please”;

(iii) The content may be formulated in the form of the provision or in the form of the paragraph; the words “the provision”, “The approach”, “rules”, “implementation rules”, “implementation of the means of implementation”, should be made in the form of the provision;

(iv) Terms should be accurate, concise, and the use of words and symbols should be correct and regulated.

Article 7. Normative documents should provide for an effective period. The effective period of the normative document is not exceeding five years from the date of operation; mark provisional recuperation or chewing; its effective period of up to two years from the date of operation; and the time-bound requirements for deployment and its effectiveness shall not exceed the time limit of work. Effective expiry and normative documents have no effect.

The normative document was effective for a period of six months prior to the expiration of the normative document, which should be carried out in a timely manner by the competent organ. The assessment considers that the document needs to be continued and should be revised in the light of the assessment. The revised normative document is a new normative document that is in line with this provision.

Drafting of normative documents

Article 8. The executive body shall prepare normative documents to conduct research on the need and feasibility of normative documents, the issues to be addressed, the key systems to be established or the main measures to be specified, and to widely hear the views of the relevant departments, organizations and the relative or expert. The hearings can take a variety of written requests, colloquiums, symposia and hearings.

The normative documents drafted directly relate to the interests of citizens, legal persons or other organizations or have a significant impact on the development of the region, the industry should be made public in order to seek the views of the various communities of society; or, where necessary, legal, regulatory and regulatory provisions must hold hearings and should be held.

Article 10. The drafting of normative documents relates to the responsibilities of other executive organs or in close collaboration with other administrative bodies, and the formulation of organs should fully seek the views of other executive organs.

Any unit or individual may make written observations and recommendations to the normative document's design organs.

The organs should conduct research on the observations and recommendations of units and individuals and should be adopted on the basis of legal or practical advice and proposals.

Chapter III Review of normative documents

Article 12 Normative documents should be reviewed by the rule of law organs of the executive branch; the executive branch does not have the establishment of the rule of law institutions and should designate the relevant working body or the individual to undertake legal reviews.

Article 13. Normative documents in the work sector of the municipal government must be brought to the legal review by the municipal rule of law, in accordance with the provisions of the Declaration on the Management of the People's Government of the Challenge (hereinafter referred to as “the Declaration”).

Two or more work departments have been developed jointly, and are chaired by the host work sector. The establishment of organs shall be brought before 25 working days of the date of entry into force of the normative documents to the municipal rule of law.

Article 14. The municipal rule of law sector shall be subject to review of normative documents brought to the review by the municipal authorities, and shall, in accordance with article 2, paragraph 2, of this article, decide to be inadmissible and communicated in writing to the sector; in accordance with the provisions of article 2, paragraph 2, of the present article, subject to the availability, non-regulation of other relevant material to be submitted in accordance with the provisions of the Declaration, which may affect the normal conduct of the review process, shall be informed, in writing, of the filling of the sectoral deadlines, that the sector has not been considered to be closed.

In addition to the preceding paragraph, the review of the application is admissible from the date of receipt by the municipal rule of law.

Article 15 refers to normative documents to be reviewed by the municipal authorities, and the municipal rule of law sector should be reviewed in the following ways:

(i) In conformity with the provisions of article 3, article 4, article 5, article 6 and article 31 of this provision;

(ii) Have the right to deal with the views of the relevant departments, organizations and the relative or expert;

(iii) There are other questions of non-lawability.

Article 16 provides for a written review of the normative documents brought to the review by the municipal authorities, which shall be based on the following provisions within seven working days from the date of receipt:

(i) Formal review of content, procedures consistent with the relevant laws, regulations, regulations and provisions;

(ii) For content, procedures are fundamentally legitimate, but further refinements need to be made to make sound observations and justifications;

(iii) Incompatibility with the relevant laws, regulations, regulations and provisions, and reasons for the non-legal review.

The normative documents that are complex, controversial or related to other important issues, cannot be completed within the period specified in the preceding paragraph, with the approval of the heads of the municipal rule of law, may be extended for seven working days and will be communicated in writing to the work sector for the review.

At the end of the municipal rule of law sector, the review of views will be sent to the work sector under review within the prescribed time frame as a normative document agreed to be sent to the work sector under review.

In reviewing normative documents, the municipal rule of law sector was of the view that the relevant units should be required to make observations within the prescribed time frame; it was considered necessary for normative document-making bodies to clarify the situation and that the designating organs should provide clarification within the time frame.

Article 18 The municipal authorities have contested the review of normative documents submitted by the municipal rule of law sector, which can be supplemented by a note from 10 working days from the date of receipt of this review to the municipal rule of law sector studies on the relevant issues of this normative document with the municipal rule of law sector; and, without consultation, the municipal rule of law sector should be brought to the municipal authorities' decisions.

Article 19, the People's Government's work sector and the normative documents developed by the Town People's Government, the Street Office, are governed by this chapter.

Decisions and issuance of normative documents

Article 20 Normative documents should generally be decided by the relevant organs of normative documents.

Article 21, normative documents should be made public in society and the manner in which citizens, legal persons or other organizations should be consulted. Normative documents in the municipal government work sector should be issued in accordance with the Declaration and other relevant provisions of the municipality, in the Official Journal of the People's Government of the Challenge and published in the full text of the Urban Government Public Network.

The development of normative documents by the district, the people of the district and their work sectors is determined by the Government of the people at this level.

The Town People's Government, the Street Office should establish a press column at the office site and in public places to publicize its normative documentation and the publication date should be less than 30 days.

Article 2 Normative documents should specify the date of implementation, which should be followed by five working days from the date of publication, but without immediate application of normative documents that would impede the operation of normative documents and could be carried out from the date of publication.

List of normative documents

Article 23 The normative documents of the zones and the people's government should be sent within 30 days of the date of publication to the municipal authorities, providing the following material:

(i) Letters from the request;

(ii) Formal text of normative documents (including electronic texts), two;

(iii) A description of normative documents (including electronic texts), two;

(iv) The enactment of laws, regulations, national policies, orders and decisions based on normative documents;

(v) Other relevant information based on the development of normative documents.

The municipal rule of law sector is specifically responsible for the review of normative documents of the district, the people of the county. In accordance with the present provision, the normative documents and related materials that have been sent to the municipal authorities are transmitted to the municipal rule of law sector.

Article 24 of the municipal rule of law should be subject to a review of the normative documents submitted by the zones, the communes' governments, which are not in accordance with the provisions of article 2, paragraph 2, of the present article, to the decision to be inadmissible and to the written notification of the establishment of organs; in accordance with the provisions of article 2, paragraph 2, of the present article, but in accordance with the provisions of article 22 of the present article, other relevant material that should be submitted in accordance with the provisions of this article may affect the proper conduct of the preparation of the proceedings, written notification should be given to the preparation of the deadline for the establishment of the organ without delay.

Article 25

(i) Incompatible with article III, article IV, article 5 or with other questions of non-legal and inappropriateness, the municipal rule of law has been brought to the Government of the city for the purpose of withdrawing, changing or compensatory;

(ii) In accordance with article 6 of the present article, the municipal rule of law sector may provide advice to the development body to deal with its own affairs.

Article 26

Chapter VI Oversight and inspection

Article 27 Governments at all levels should organize monitoring inspections of the implementation of this provision.

Article 28 is incompatible with the normative documents established under this provision and no unit or individual shall be used as a basis for the exercise of the right or for the fulfilment of the obligation of others.

Article 29 of the Government's rule of law institutions should monitor the development and management of normative documents in the same sector and the normative documents of the Government.

Without the Government's rule of law body to review the consent and the sectoral normative documents issued without the provision of the material, the Government's rule of law bodies may draw the recommendations of the Government of the people at this level to change orders, which are not later rectified, and the Government's rule of law institutions can nullify the document to society.

The Government's rule of law bodies may bring to the Government's recommendation that the Government of the people at this level be responsibly or withdrawn.

Article 33, in violation of this provision, establishes normative documents that are serious, result in serious adverse consequences, or undermine the legitimate rights and interests of citizens, legal persons or other organizations, as a result of the implementation of invalid normative documents, the Government's rule of law bodies may bring to justice by law the executive inspectorate the administrative responsibility of the principal executive head and the person directly responsible.

Article 31 of the Government's rule of law does not perform the functions of the review of normative documents, with serious social consequences, and should be held accountable for the administrative responsibility of its principal heads and those directly responsible.

Other provisions of Chapter VII

Article 32 requires the immediate development of normative documents, with the approval of the main heads of the institutions, to simplify procedures such as evidence, request for advice, legal review and public release, due to the occurrence of major disaster events, pandemic diseases, public safety and major public interest.

The executive body shall, in accordance with the provisions of the preceding paragraph, establish normative documents that shall be supplemented by legal review and public publication procedures within three working days of the date of implementation of the normative document.

Article 33 interprets normative documents by their organs.

Article 34 regulates the functioning of the municipal government, the normative documents of the municipal government, which are inconsistent with the provisions on the same matter between the regional and district governments' normative documents, and is coordinated by the relevant executive bodies; coordination cannot be achieved by the municipal rule of law sector; and coordination with the municipality's rule of law sector cannot be achieved through coordination;

Any units and individuals considered that the normative documents issued by the executive branch are in violation of this provision, may submit a review of the recommendations in writing to the municipal authorities, which are studied and addressed by the municipal rule of law sector.

Following the introduction of normative documents, the design and implementation organs should conduct regular assessments of implementation and inform the Government's rule of law institutions.

Article 37 regulates the functioning of the municipal government through legal review and published in the Communiqué of the Government of the Challenge, as well as the regional and county governments' normative documents that are sent to the municipal government, and the municipal rule of law sector should publish its directory annually in the Communiqué.

Article 338 The normative document formulation body should compile the normative documents issued on a regular basis.

Article 39 The normative document formulation body should regularly clean up normative documents; clean-up is guided by the principles of routine clean-up and regular clean-up, specific clean-up and comprehensive clearance.

The normative documents are one of the following cases, and the organs should be cleared and modified or repealed according to the circumstances:

(i) The main content is not adapted to the development and public management needs of the situation and is not conducive to economic and social development;

(ii) The main content is incompatible with existing laws, regulations, regulations, etc., or the new laws, regulations and regulations have been adapted;

(iii) Adjustment targets have disappeared;

(iv) Other cases to be cleared by law.

Chapter VIII

Article 40 The normative document management provisions of the executive organs of the municipality, published in Order No. 76 of 5 January 2004, were also repealed.

Article 40 - expiring on 31 December 2010, imposes normative documents for a period not exceeding five years from the date of operation; the mark “provisional”, pilot” and the application of normative documents for a term not exceeding 2 years from the date of operation.

Between 31 December 2010, four years have been carried out, or the mark “provisional”, pilot” and the application of normative documents that have been completed for one year, with the remainder being one year. The development organs should clean up normative documents in the remainder of their effectiveness and consider it necessary to continue their implementation and should be revised in accordance with this provision; and the normative document shall cease to be implemented since the end of the remaining period of effectiveness.