Hebei Province, Normative Documents Requirements

Original Language Title: 河北省规范性文件制定规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201108/20110800346638.shtml

Hebei province, normative documents requirements

    (December 14, 2010 Executive meeting of the Hebei provincial people's Government, the 76th considered by people's Government of Hebei province, December 24, 2010 [2010] the 14th release come into force February 1, 2011) first to follow up the opinions of the State Council on strengthening the construction of Government governed by law, sound normative documents establish procedures to promote administration according to law, maintain the uniformity of the legal system and Government decrees, provisions are formulated.

    Normative documents referred to in the provisions of article II, refer to government regulations, provincial administrative organs or administer public affairs functions of the Organization (hereinafter referred to as the enacting body) published pursuant to statutory authority and procedures, relating to rights and obligations of citizens, legal persons or other organizations, the administration of generally binding document.

    Third normative documents of the province to establish the project, drafting, review, decisions, publication, record-keeping and monitoring, these provisions shall apply.

    Fourth organ can establish normative documents of the following:

    (A) the provincial districts of the city and County (city, district) people's Government and the Office of the (room), the Township people's Government;

    (B) Government departments above the county level;

    (C) authorized by laws and regulations to administer public affairs functions of the organization.

    People's Governments above the county level to complete a task and establishment of the deliberation and coordination agencies, temporary agencies and departments of the Government organs, agencies, temporary agencies, shall make no normative documents.

    Fifth people's Governments above the county level and their departments (including the vertical management departments below the provincial laws and regulations authorized to administer public affairs functions of the Organization, the same below) is responsible for the work on the level of Government and departmental normative acts. Legal agencies above the county level people's Government is responsible for the level of Government and departmental normative documents reviewing the legality of the Government's work and lower level people's Governments of normative documents for the record review.

    Working departments of the people's Governments above the county level first instance of rule of law institutions are responsible for the legality of normative documents.

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

    (A) in accordance with the statutory powers and procedures;

    (B) reflect the uniformity of the legal system and Government decrees;

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

    (D) adhere to the unity of powers and responsibilities;

    (V) streamlining, efficiency, standard, open.

    Article seventh standard document shall not require the following:

    (A) the establishment of an administrative license, the non-approval of administrative license, the administrative punishment and administrative compulsory measures, and administrative and institutional charges and levy, tax and other matters;

    (B) setting matters related to regional conservation and protection;

    (C) the establishment of obligations of citizens, legal persons or other organizations, increase in matters affecting the rights of citizens, legal persons or other organizations;

    (D) other matters of violations of laws, rules and regulations.

    Eighth District municipal people's Government in accordance with the administrative work needed, development of normative documents of project work plans, can also rates the project as needed. Nineth normative document drafted by the enacting body tissue, may invite experts to participate in or entrust the experts in charge of drafting work. Drafting normative documents should listen to relevant departments, organizational and administrative and expert advice.

    Relevant departments there is considerable disagreement on the draft normative documents, drafting departments shall consult, through consultation, coordination of the people's Governments at the corresponding level, or ruling.

    Article tenth of normative documents relating to Government of major investment projects, major public infrastructure and public utilities price changes, corporate restructuring, land expropriation, housing demolition, environmental protection, education, health care, social security reform and other public interests or matters closely related to the immediate interests of the people, drafting departments shall organize social risk assessments. Article 11th system of normative documents for legal review.

    Working departments of the people's Government at or above the county level regulatory documents, should be submitted for consideration before the decision, by the level of government legal agencies or legal validity in this sector.

    Formulated by the people's Governments above the county level departments regulatory documents, should be submitted before publication of the Government legal organization for legal review, after the 15th to submit for the record.

    Township people's Government and regulatory documents developed by the people's Governments above the county level shall, after the release of higher level people's Government in the 15th to submit for the record.

    District municipality of normative documents included in the project work plan, Hebei province, the local Government can refer to the procedure under the legislation under review.

    12th Government departments submitted to the Government legal authority to legal review regulatory documents, shall submit the following materials:

    (A) submitted to the review of official correspondence and Department legal opinion letters in the first instance;

    (B) preparation of notes and paper of the draft regulatory documents, electronic text;

    (C) according to the laws, rules and regulations;

    (D) social risk assessment for comments or related materials and related resources.

    13th the drafting of regulatory documents description should include the following:

    (A) the necessity and feasibility of developing;

    (B) the relevant provisions of the laws, regulations and rules;

    (C) the major problems to be resolved and the main measures taken;

    (D) the adoption of relevant departments, experts or public comment.

    Social risk assessment shall state the adoption assessment results.

    14th the Government legal organization in the Department submitted to the review of the legality of the draft normative documents, you need to provide relevant material submitted to the sector supplement or explain the situation, submitted to the Department on request; needs of consultation with the other relevant departments, the departments concerned shall, within the prescribed time in writing to the Government legal organization feedback.

    15th government legislative bodies should be normative documents review of legality to the following contents:

    (A) beyond the enacting body's legal authority or mandate of the laws, regulations and rules;

    (B) it is inconsistent with the laws, rules and regulations;

    (C) are in breach of the provisions of this article seventh;

    (D) compliance with the normative documents procedures;

    (E) other contents need to be reviewed. 16th government legislative bodies should be received in accordance with the provisions of article 12th within 15 working days from the date of the material, complete the review of the legality of departments to submit regulatory documents. Special circumstances not within the time stipulated in the review was completed and approved by the head of the Government legal agencies, can be extended by 10 working days, and will extend the reasons for drafting departments.

    Government legal agencies within the prescribed period to submit written reviews, considered to have been approved.

    Normative document legality examination of the need for research, conduct feasibility study meeting, hearing or modify the return sector, not counting the time required within the period specified in this section.

    To respond to major public emergencies, perform a higher administrative authority of emergency orders or immediate implementation of temporary measures, safeguarding public security and vital public interests, such as emergencies develop normative documents, shall, immediately after receiving the draft for review. Apart from normative documents included in the project work plan, and government legal agencies delivered for this level of Government review of legality of normative documents, shall, within 7 working days to complete the review process.

    Time required from its requirements.

    17th government legal agencies complete legality of normative documents review, written review shall be made under the following different conditions:

    (A) the normative documents in line with provisions of the relevant laws, regulations, rules, put forward legal opinions;

    (B) normative documents of the main violations of the relevant laws, regulations, rules, put forward views that are not developed;

    (C) condition of normative documents is not mature or related sectors there are major differences on the main system and coordination are unable to reach a consensus, proposed to suspend the development of views;

    (Iv) for violations of the article seventh, the abolition of relevant content;

    (E) language specification, there are common mistakes of law, revise and perfect the views put forward.

    18th article submitted to the Department upon receipt of the written comments of the Government legal agencies, normative documents based on review comments should be modified. Submitted to the Department's review of government legal agencies there are dissenting opinions, shall be received within 5 working days from the date of the review, in writing consultations.

    Through consultation, the people's Governments at the corresponding level decisions.

    Article 19th higher people's Governments to lower level people's Governments submitted to the record review of normative documents, reference article 15th review and reply.

    20th normative documents by the Government of the people's Government Executive meeting or by the competent person in charge and the main responsible decisions.

    Sectoral normative documents considered by the Department Office by or approved by the competent person in charge, mainly responsible for the decision.

    Article 21st normative documents signed by the enacting body primarily responsible for implementation. Publication of normative documents, and shall set forth the enactment organ, the number, file name, date of publication, date of execution, and so on.

    Signed the promulgation of normative document shall set forth the enactment organ, the ordinal, normative documents of name, date of adoption, execution date, mainly responsible for the authorship and publication date.

    22nd regulatory documents shall be implemented since the 30th after the date of its publication, but after the publication of notices, circulars and other not immediate implementation could affect laws, rules, regulations or the is not conducive to the protection of national security, except for vital public interests.

    Article 23rd reviewed by the legal legitimacy of the Government, government departments regulatory documents centrally by the Government legal organization registration, number, unity, announced to the public.

    Without registration, numbering, publication of regulatory documents shall not be used as the basis of administration, citizens, legal persons or other organizations may refuse to perform.
Regulatory documents shall be released to the public through Government websites, Official Gazette or the news media, and so on.

    Article 24th validity of regulatory documents shall be provided. Not more than 5 years a maximum period; mark "provisional", "pilot", valid for not more than 2 years. Automatically invalidated after the expiry of normative documents.

    Develop it deems it necessary to continue to implement or continue as modified, should be re-examined, decisions and distribute the program be continued.

    25th people's Governments above the county level shall be in accordance with the relevant provisions of the information disclosure, timely public normative documents in force, a conditional normative documents database should be established to facilitate queries of citizens, legal persons or other organizations.

    Article 26th County legal institutions should be before January 15 of each year, the legitimacy of the people's Governments at the corresponding level of normative documents reviewed for the last year work district city people's Government legal agencies.

    District municipal people's Government legal agencies shall, by January 31 of each year, the level of the previous year and the lower level people's Governments review of the legality of normative documents Summary submitted to the provincial people's Government legal agencies.

    Provincial people's Government on the rule of law institutions should be informed before February 15 of each year summarizing annual regulatory document review the legality of the whole province.

    Legislative Affairs institutions at all levels should regularly in the Official Gazette, Government Web sites or published on the news media filing regulatory documents.

    27th people's Governments above the county level shall belong to work subordinate departments and of normative documents on supervision and administration of the people's Government.

    Government legal agencies above the county level can be done by rotating, random documents and relevant documents in the register of the enacting body, normative documents submitted to review and monitor the record check, the enacting body shall cooperate. 28th the citizens, legal persons or other organizations that publish illegal content of normative documents, reviews recommendations to the enacting body. The enacting body shall, within the 30 working days for review and written replies. Reply there are dissenting opinions, shall review an application made within the 15th, which belongs to the regulatory documents developed by the people's Governments at all levels to higher Legislative Affairs Agency belonging to government departments to develop normative documents can be submitted to the level people's Government legal agencies.

    Legislative Affairs Agency shall review applications received within 30 working days for review and written replies.

    29th normative documents has any of the following circumstances, by government legal agency ordered corrective action and give notice of criticism, can draw attention to the people's Governments at the corresponding level correct or cancel the normative documents and announcement on the Government Web site; serious cases shall be investigated for criminal liability:

    (A) failure to submit required legal review and filing;

    (Ii) is not modified by review;

    (C) is not in accordance with the regulations to the public.

    Article 30th Government received legal bodies responsible for review of normative documents regulatory documents are not reviewed or corrected comments on the review found that the violations are not from this level shall be ordered to correct or be criticized in serious cases shall be investigated for criminal responsibility. 31st these provisions come into force on February 1, 2011. Province on November 28, 2003 the people's Government of Hebei province published normative documents record-keeping regulations repealed simultaneously.