Xiamen, normative documents of the Executive Management
(December 24, 2010, Xiamen City people's Government Executive meeting of the 121th consideration by December 31, 2010 141th Xiamen City people's Government promulgated as of March 1, 2011) Chapter I General provisions
First in order to strengthen the management of normative documents of the Executive in this city, promoting administration according to law, maintain the uniformity of the legal system, in accordance with the relevant provisions of the laws, regulations and rules, combined with the city's actual, these measures are formulated.
Second standard documents in these measures refers to the following rights and duties of citizens, legal persons and other organizations, applied repeatedly over a given period, in the jurisdictions generally binding file:
(A) issued by the people's Governments at all levels, as well as municipal and district people's Government to the Office of the Government (room) files published in the name;
(B) approved by the city and district governments to directly under the Government sector, institutions, offices and other administrative functions according to the law of Agency (hereinafter referred to as departments) issued by or on behalf of the Agency documents;
(C) the municipal and district governments issued document;
(D) municipal and district people's Government document issued by the Agency;
(E) legal and authorized rights to administer public affairs functions of the Organization's documents.
Article III of the administrative organs of these measures shall not apply in the following documents:
(A) recognition, rewards, punishment order, decision, communication;
(B) notification of personnel;
(C) for instructions, reporting to the higher administrative authority;
(D) file without increasing forward superior involved citizens, legal persons and other organizations informed of the rights and obligations;
(E) on specific issues of the bulletins, circulars, notices and administrative decisions;
(F) the meeting minutes;
(G) internal system, management system and practices (rules);
(VIII) stage special emergency programme, programme of work, the implementation of programmes, plans and annual inspection, registration, application, exhibitors, award notification;
(I) the rights of other citizens, legal persons and other organizations obligations or does not have a universally binding files.
Fourth administrative organs should strengthen the management and supervision of regulatory documents.
City and district government legal organization under the leadership of the people's Governments at the corresponding level, specifically responsible for the Organization and implementation of the measures.
Fifth, one of the following circumstances, development of normative documents:
(A) laws, regulations, rules and higher normative documents on one aspect of administrative work has yet to confirm the provisions;
(B) the relevant laws, rules and regulations and higher regulatory documents for a particular aspect of the administrative work is provided but not specific, inconvenience operations;
(C) the relevant laws, rules and regulations and higher authorities in developing relevant normative documents.
Sixth administrative organs may authorize in Fujian province, according to the State, and provides that developed comply with the economic zone on the West side of the Straits pioneering normative documents and financial reform policies.
Seventh administrative organs have developed regulatory documents shall comply with the following requirements:
(A) consistent with the laws, rules and regulations, not conflict;
(B) formulated in accordance with the statutory terms of reference, must not exceed the statutory authority;
(C) not based on laws, rules and regulations, shall not be set for this body powers and the citizens, legal persons and other organizations an additional obligation, restriction of rights;
(D) may not be establishment of an administrative license, the administrative punishment or administrative enforcement, administrative fees, shall not require other matters should be set by the laws, rules and regulations;
(E) in line with the actual socio-economic development of the city, reasonable and proper, not the obviously unfair, fair;
(Vi) compliance with the statutory procedural requirements.
Article eighth normative document provisions have retroactive effect shall be made, in order to better protect citizens, legal persons and other organizations of interest except for special provisions that have been made.
Chapter II preparation and review Nineth Executive 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, widely solicited opinions and take many forms.
Involving other responsibilities of the executive authorities, or closely related to the other administrative bodies, development agencies should seek the views of relevant administrative organs fully.
Draft normative documents deal directly with 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; laws, regulations, rules and regulations must hold a hearing and shall hold a hearing.
Tenth draft regulatory documents shall conform to the following specifications:
(A) of document processing formats and procedures of the Executive;
(B) the name is generally provided, means, rules, decisions, resolutions, opinions, orders, notifications, circulars, advertisements, etc, you may not use law, regulations, and laws and regulations prohibiting the use of names;
(C) the content may take the form provision, paragraph form can also be used;
(Iv) content should be logical and terminology should be standardized, accurate and concise with words and punctuation marks should be correct and standard.
11th normative documents by the Department is responsible for the interpretation of its mandate, not clearly explained the Department, by the enacting body is responsible for the interpretation.
12th administrative organs shall establish a sound normative document review system, normative documents before publication should be referred to the legal work of their respective institutions for review.
13th draft normative documents by the Government sector should be normative text and drafting instructions and basis, review materials should be submitted to the Government legal agencies.
Without the Government legal organization review of government regulatory documents shall not be submitted to the Government Executive or mayor (Mayor) Office research will not be issued.
14th the Government legal organization in the review of government regulatory documents work, normative documents draft involved citizens, legal persons and other organizational matters of interest, such as holding forums, feasibility study meeting, hearing, to hear their views, review changes, the people's Governments at the corresponding level of validation.
Article 15th sector normative documents of the municipal government, the enacting body shall be handed over to the Office of Legislative Affairs at first instance, and to send the following materials prior to publishing legal institutions for review:
(A) submitted to the Government legal organization reviews official correspondence; (B) the proposed regulatory documents (draft), and (iii) develop normative documents note.
Descriptions should include the necessity and feasibility of developing normative documents; refers to laws, regulations, rules and name of normative documents, the terms; consulted authorities and private party the main feedback comments and descriptions of the key provisions, such as;
(D) development of normative documents on the basis of laws, rules, regulations and higher normative documents;
(V) other documents shall be submitted according to legal agency.
Two or more sectoral normative documents developed jointly, by the sponsoring department is responsible for the trial.
Article 16th for the municipal sector normative documents, legal bodies shall be accepted within municipal limits of normative documents date of 15th, in accordance with the provisions of the present article seventh review and were as follows:
(A) comply with relevant laws, regulations, rules and regulations, proposed be approved written examination;
(B) Although no clearly contradicts with the laws, rules and regulations, but the content is obviously inappropriate, or related departments to controversial proposed to amend written comments;
(C) to comply with the provisions of relevant laws, regulations, rules and these rules, raised not by the written review or not to review and explain the reasons, returned to the enacting body.
On the complex, contentious or deal with other important issues of normative documents, review could not be completed within the period prescribed in the preceding paragraph, approved by the head of legal, you can extend the review period, and to extend the review period and the reasons for writing the enacting body.
In case of emergency, legal institutions to submit regulatory documents shall be reviewed and the review.
Article 17th legal bodies made written comments shall be affixed to the normative documents for the record review seal.
Article 18th legal institutions, when reviewing departmental normative documents, you need to request opinions from other administrative bodies, relevant administrative organs shall within the period specified in the comments; authorities added that the situation need to be developed, the enacting body shall within the period specified in the instructions.
Time required in the preceding paragraph are not included in the review period.
Article 19th between sectoral normative documents of the municipal government, the municipal government sector normative documents on the same subject with the normative documents of the District Government are inconsistent, coordinated by the relevant administrative organ; coordinated agreement cannot be reached, coordinated by a legal body; coordinated consensus still cannot be reached, by legal bodies put forward opinions submitted to the municipal people's Government for decision. 20th Department of the Municipal Government of normative document has not been reviewed by legal bodies, shall not be published.
Unauthorized publishing of departmental normative documents is invalid.
21st article for occurred major disaster event, and popular sex disease, and guarantees national security and major public interests, and implementation superior administrative organ of emergency command and decided, situation, need immediately developed implementation of government sector normative file, by developed organ main head approved, can first released implementation, and since the file released of day up 5th within, reference this approach fourth chapter about provides handle record procedures.
22nd district people's Government in accordance with the actual situation, Department working the required normative documents developed before being released by the District Government agencies implement the legal review of the legal system.
Chapter III decisions and publish
Provisions of the 23rd government regulatory documents have a significant impact on the community, shall be subject to Government Executive or mayor (Mayor) Office considered decisions.
Government regulatory documents shall be by the sector Council (Board) Council or other means of collective decision.
Article 24th government regulatory documents shall be signed by the level of government legal agencies, issued by the head of Government.
Publishing government regulatory documents shall be signed by the Department in charge of legal affairs institutions, issued by the Department head.
Within municipal limits of regulatory documents shall be released 15th official text documents in three copies and electronic copies submitted to the city government legal agencies. 25th regulatory documents shall be released by the enacting body to the public, except those involving State secrets.
Not complying with the provisions of normative documents issued by the management to the public who are not binding, and shall not be used as basis for Administration.
The deliberation and coordination agencies of the Executive, temporary agencies and organs may not have been developed and published on behalf of normative documents, developing and publishing normative documents is invalid. Article 26th normative documents issued by citizens, legal persons or other organizations to check out.
Municipal government regulatory documents shall be in the Xiamen municipal bulletin posted on the website and the Xiamen City people's Government and to reproduced; municipal government departments and Government regulatory documents by legal bodies pursuant to relevant provisions of the municipal government unity communiqué referred to the Xiamen City people's Government and the Xiamen City people's Government website.
Normative documents of the enacting body shall, through newspapers, television, radio broadcasts, bulletin boards, Web sites and other forms of publishing normative documents.
27th normative documents should provide specific implementation date.
Regulatory documents shall be implemented since the release date of 30th, but released immediately after the purposes of normative document may prevent the purposes of vital public interests or for the protection of national security, and other special needs, can be implemented from the date of publication. 28th normative documents should indicate the period, valid from the date the file is generally not more than 5 years, provisional (for trial implementation) class files valid for not more than 2 years.
Has expired, the standard document shall automatically cease.
Does not indicate the validity of normative documents, the validity of the preceding paragraph shall apply the maximum validity period of the file provided.
Expiry of normative documents still needs to continue and should be made by the enacting body to evaluate their implementation and in accordance with the relevant procedure to republish.
Fourth chapter registration and supervision
Article 29th normative documents of the administrative organs, in accordance with chapter II of this approach other than for pre-review shall be in accordance with the provisions of the relevant laws, regulations and rules submitted for the record. Article 30th filed regulatory documents shall be submitted to the municipal and district people's Government, the administrative authority shall perform within the normative documents the release date 15th filing procedures.
City and district government legal agencies responsible for review of normative documents submitted for the record.
Filing should provide the following materials:
(A) filing reports;
(B) the official text of the standard documents (in triplicate) as well as electronic text;
(C) preparation of notes;
(E) municipal and district government legal agencies that should be submitted to other materials.
Normative document filing reports under the preceding paragraph shall include the name, number, date, and publishing the form.
31st article city, and district government legal institutions should on submitted record of normative file for review, not meet this approach second article provides of, decided not accepted, and written told developed organ; meet this approach second article provides, but according to this approach 30th 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 file not reported prepared.
32nd of municipal and government legal agencies to normative documents submitted for the record in accordance with the provisions of the present article seventh following a review, find the content is illegal or clearly inappropriate, shall be notified to the enacting body to stop execution, and to amend or repeal, can also draw attention to this level shall be changed or revoked.
Article 33rd administrative organ shall, before January 31 of each year, the regulatory documents established by the authorities last year submitted to the registration authorities.
City and district government legal agencies shall, by January 31 of each year, report to the people's Governments at the corresponding level in writing examination of normative documents record the previous year.
Article 34th executive authorities shall regularly compile normative documents has been published. 35th Executive should be normative documents every two years to assess and clean up, and changes according to the actual situation, as well as laws, rules, regulations and State.
Adjustment of guidelines and policies, and on published normative documents on the amendment or repeal, and publicize the results.
Procedures for administrative authorities to amend the normative documents, reference to the relevant provisions of the measures.
36th people's Governments at various levels shall regularly conduct supervision and inspection of the implementation of the present measures. Government legal institutions should be the level of government sector normative documents and lower levels of government regulatory documents the development and management of supervision and inspection.
Inspection, normative documents of the enacting body shall cooperate with and follow the request issued a directory, file, text, and other related information.
37th normative document review of record should be considered as the Government and its performance evaluation for assessment, and occupy a certain score.
Article 38th of citizens, legal persons and other organizations believe that the Executive development of normative documents in violation of the provisions of article seventh, can be submitted in person, by post, fax, e-mail and other means to the level of government bodies for the review of the application of the legal system.
Review application shall contain the applicant's name or name, contact name, apply for a review of normative documents, dispatch font and apply for a review of the matter, reason, and so on. 39th fall within the review of regulatory documents, city and district government legal agencies shall review the applications received within 30th of the review results to the applicant; complex, approved by the heads of city and district government legal agencies may extend the review period, but the review period shall not exceed 45 days.
Upon examination, the normative documents in violation of the provisions of article seventh, in accordance with the provisions of this article 32nd.
Not part of the scope of review, city and district government legislative body shall inform the applicant within the 5th the date of receiving the application for review submitted to the authority.
40th article violation this approach developed or submitted review record normative file of, by city, and district government legal institutions drew attention to the this level Government ordered its deadline corrected; plot serious and produced bad consequences of, or due to implementation invalid of normative file damage citizens, and corporate or other organization lawful rights and interests of of, city, and district government legal institutions can drew attention to the right to organ on directly is responsible for of competent personnel and other directly responsibility personnel be effectiveness warned or law give administrative sanctions.
The fifth chapter by-laws
41st article explaining these measures by legal bodies. 42nd these measures shall come into force on March 1, 2011. Xiamen, Xiamen municipal people's Government on the issue of normative documents of the Executive management of notifications (Xia Fu 454) repealed simultaneously.