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Hebei Province, Normative Documents Requirements

Original Language Title: 河北省规范性文件制定规定

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Normative documentation in the North Province

(The 76th ordinary meeting of the Government of the Northern Province, 14 December 2010, considered the publication, effective 1 February 2011, of People's Government Order No. 14 of the Northern Province of the River 24 December 2010]

Article 1 provides for the implementation of the State Department's observations on strengthening the building of the rule of law, the development of sound normative documents, the promotion of the rule of law, the maintenance of the rule of law and the smoothness of political orders.

Article 2 refers to normative documents, which, in addition to government regulations, are published by the executive organs of the province or by organizations that have the functions of the administration of public affairs (hereinafter referred to as the design body) in accordance with the statutory competence and procedures, in relation to the obligations of citizens, legal persons or other organizations, with universal and binding administrative documents.

Article 3 quaters, drafting, review, decision, publication, request and monitoring of normative documents in this province apply.

The following Article IV bodies may formulate normative documents:

(i) The Government of the town, the municipality in which it is established, the People's Government and its Executive Office (rooms);

(ii) The Government's work sector at the district level;

(iii) Organizations authorized by law, legislation and regulations that manage the functions of public affairs.

The proceedings coordinating bodies established by the Government of the above-ranking people to complete a mandate, temporary institutions and institutions within the Government's work sector, dispatch agencies, temporary institutions shall not be able to formulate normative documents.

Article 5

The rule of law institutions at the district level are responsible for the review of the legitimacy of normative documents in the Government and the Government's work sector and for the review of the normative documents of the lower-level people's Government. The rule of law institutions in the area of work of the people's government are responsible for the first instance of the legitimacy of normative documents in this sector.

The development of normative documents should be guided by the following principles:

(i) In accordance with the legislative authority and procedures;

(ii) Acknowledge the unity and openness of the rule of law;

(iii) Guarantee the legitimate rights and interests of citizens, legal persons or other organizations;

(iv) Maintain the unity of powers and responsibilities;

(v) Streamlin, effectiveness, norms and openness.

Article 7. Nor shall normative documents provide for the following:

(i) The establishment of administrative licences, non-administrative licences, administrative penalties, administrative coercive measures, administrative fees and fees for tax exemptions;

(ii) Problems relating to local protection and industrial protection;

(iii) Additional citizenship, legal persons or other organizations' obligations to increase matters affecting the rights of citizens, legal persons or other organizations;

(iv) Other violations of laws, regulations and regulations.

Article 8. The municipalities in the area may formulate normative documentation-based workplans based on the needs of the administration, or be put in place on the basis of actual needs.

Article 9. Normative documents are drafted by the body of the development body, which may invite the experts concerned to participate or entrust the experts with drafting. The drafting of normative documents should widely capture the views of the relevant departments, organizations and executives and experts. The relevant sectors have considerable divergent views on the content of the draft normative document, which should be consulted by the drafting sector, consultations are incomplete, reporting on the coordination or decision of the current people's Government.

Article 10. Normative documents relate to major government investment projects, major public infrastructure, realignment of public utilities prices, business change, land use, house demolition, environmental protection, education, social security system reform or matters closely related to the people's public interest, and the drafting sector should organize social risk assessments.

Article 11 establishes a legal review system for normative documents. Normative documents developed by the Government of the people at the district level or by the working sector should be reviewed by the principal Government's rule of law body or by the rule of law institutions in this sector prior to the submission of the decision.

Normative documents have been developed by the Government's work sector at the district level, which should be reviewed by the legitimacy of the former Government's rule of law institutions and issued a 15-day post.

Normative documents developed by the Government and the commune government should be sent to the Government of the High-level People within 15 days of publication.

The commune government in the area is included in the normative document of the plan of work, which can be reviewed in the light of the procedures set out in the Local Government Legislative Provisions of the River Province.

Article 12 Government departments should submit the following materials to the Government's rule of law bodies for the review of the legitimacy of normative documents:

(i) A public letter to be submitted to the review and a letter of first instance from the rule of law institutions in the sector;

(ii) Drafting notes and paper quality and electronic text of the draft normative document;

(iii) The basis of laws, regulations and regulations;

(iv) To seek advice or relevant information on social risk assessment.

Drafting notes on normative documents should include the following:

(i) The need and feasibility established;

(ii) The relevant provisions of laws, regulations and regulations;

(iii) The main issues to be addressed and the main measures taken;

(iv) Adoption of the relevant sectoral, expert or social public opinion.

A social risk assessment should indicate the adoption of the assessment results.

When the Government's rule of law bodies review the draft normative documents sent by the sector, additional material or clarifications are required from the delivery sector, and additional advice from other relevant departments should be sought in writing to the Government's rule of law institutions within the time frame.

Article 15 Government rule of law institutions should review the following elements of normative documents:

(i) Would go beyond the statutory authority of the enacting body or the scope of the legislation, regulations and regulations;

(ii) Are incompatible with the law, regulations, regulations;

(iii) Does not violate the provisions of article 7 of this article;

(iv) Be in compliance with normative documentation procedures;

(v) Other elements requiring review.

Article 16 Governments' rule of law institutions shall complete the review of the legality of the sectoral submission of normative documents within 15 working days of the receipt of material consistent with Article 12 of this provision. Special circumstances cannot be reviewed within a specified period of time, with the approval of the Head of State Rule of Law Institutions, 10 working days may be extended and the reasons for the extension are communicated to the drafting sector. The Government's rule of law bodies did not provide a written review within the prescribed time frame, which was considered to be adopted.

The review of the legitimacy of normative documents requires investigation, convening of an argument, hearing or restatement of the sector, and the time required is not to be calculated for the period specified in this article.

The normative documentation for emergencies such as responding to major sudden public events, the implementation of emergency orders by the superior administration or the immediate application of temporary measures, the guarantee of public safety and major public interest should be reviewed immediately after the receipt of the draft.

In addition to the normative documents included in the work plan, the normative documents of the Government's rule of law bodies for the lawful review of the delivery of the current Government should be completed within seven working days. There are specific time requirements from their request.

After the completion of the review of the legitimacy of normative documents by the Government's rule of law bodies, written review shall be based on the following different circumstances:

(i) The content of normative documents is in accordance with the relevant laws, regulations, regulations and regulations, with legitimate views;

(ii) The submission of non-produced views on the main elements of normative documents in violation of the relevant laws, regulations and regulations;

(iii) The formulation of conditionalities for normative documents or significant differences in the relevant sectors with respect to the principal system of the provisions and the lack of coordination to agree on a temporary basis;

(iv) Provide advice on the elimination of the relevant elements in violation of article 7;

(v) A proposal for a change in view of the lack of language and the existence of a common legal error.

Article 18, following a written review of the Government's rule of law body, the reporting sector should modify normative documents in accordance with the review.

The referral sector has contested the review of the Government's rule of law institutions and should provide a consultation in writing within five working days from the date of receipt of the review. There was no consultation and the decisions of the current people's Government were reported.

The normative document of the Government of the High-level People's Government to submit a review of the next-level People's Government is reviewed and responded in accordance with article 15.

Article 20

Sectoral normative documents are considered by a sectoral office or decided by the head and principal.

Article 21, Normative documents are published by the principal holder of the design body.

The publication of normative documents should generally contain elements such as the formulation of organs, books, names of documents, date of publication and date of implementation. The normative documents issued by the signing order should contain the setting of organs, orders, the name of normative documents, the date adopted, the date of application, the principal holder and the date of publication.

Article 2 shall be implemented after 30 days of the date of publication, except that the publication, notice and other publication will not immediately be carried out without prejudice to the law, regulations, implementation or protection of national security, major public interests.

Article 23 is governed by the normative documents of the Government's work sector reviewed by the legitimacy of the Government's rule of law bodies and is published by the Government's rule of law institutions in a uniform manner, uniformed number and uniform manner.

Unregistered, numbered, published normative documents may not be used as a basis for administration and citizens, legal persons or other organizations may refuse implementation.

The publication of normative documents to society should be made available through government websites, government bulletins or media.

Article 24 normative documents should provide for an effective period. The period of effectiveness does not exceed five years; the mark “provisional”, “Time pilot” will not exceed 2 years. The normative document after the expiry of the period of effectiveness has no effect. In the view of the organs that continue to be implemented or that they need to be modified, the review, decision and issuance process should continue.

Article 25 Governments of the population at the district level should make available, in a timely manner, effective normative documentation content, in accordance with the relevant provisions of the public information, provided that the normative documentation database should be established to facilitate access to civil, legal or other organizations.

Article 26

The State's rule of law institutions in the area should be reviewed by 31 January each year by 31 January each year by the Government of the last year and the Government's normative documents by the lower-level people.

The provincial Government's rule of law body should summarize the review of the legitimacy of normative documents throughout the province by 15 February each year.

The rule of law institutions at all levels should publish, on a regular basis, the list of normative documents registered on the request in the Government's bulletin, the Government website or the media.

Article 27 Governments of more people at the district level should monitor the normative documents of the respective work sector and the lower-level people's Government.

The rule of law institutions of the people at the district level can monitor the delivery of normative documents to review and submit cases in a manner that is accessible, sampled and relevant documents by the competent organ.

Article 28, Civil, legal or other organizations consider that the published normative documents are in violation of the law and may make recommendations for review to the design organs. The organs should be reviewed and written replies within 30 working days. An application for review should be made within 15 days, and normative documents developed by the people at all levels could be presented to the Government's rule of law institutions at the grass-roots level; normative documents developed by the Government's work sector could be presented to the Government's rule of law body. The Government's rule of law institutions that have received a review request shall be reviewed and written replies within 30 working days.

Article 29 provides one of the following conditions for the development of normative documents, which is being restructured by the Government's rule of law body, which is criticized, may be brought to the Government of the people at this level to rectify or withdraw the normative document and to make a public declaration on the Government website; and in the event of serious legal accountability:

(i) No lawful review and filing, as prescribed;

(ii) No revision of the review opinion;

(iii) No provision is made to society.

Article 33 The Government's rule of law body responsible for the review of normative documents has received no review of normative documents or no corrective opinion on the alleged violation of the review, which is redirected or criticized by the Government of the people at this level; and in the event of serious legal accountability.

Article 31 The provisions of the Normal Normal Nordal Documents Recue, published by the People's Government on 28 November 2003, were also repealed.