Zhejiang Province Administrative Normative Document Management

Original Language Title: 浙江省行政规范性文件管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264188.shtml

Zhejiang Province administrative normative document management

    (July 20, 2010, order No. 275 of Zhejiang Province promulgated as of September 1, 2010) Chapter I General provisions

    First in order to strengthen the supervision and management of administrative normative documents, promoting administration according to law, safeguard Government decrees, administrative dispute prevention, in accordance with the regulatory procedure Ordinance, the Archivist filing of regulations and regulations and other relevant laws and regulations, combined with the facts of the province, these measures are formulated.

    Second province-wide administrative normative documents development, recording and related supervision and management, application of this approach.

    The internal working of the Executive as well as reward and punishment, personnel requirements, this approach is not applicable.

    The vertical management departments of the national normative documents management, in accordance with the relevant provisions of the State; no regulations of the State, can refer to the application of these measures.

    Article III administrative standard documents in these measures refers to other than government regulations, administrative organs in accordance with statutory authority and procedures, relating to specific rights and obligations of citizens, legal persons or other organizations, applied repeatedly over a given period, in the administrative area of generally binding in all kinds of administrative documents.

    Fourth administrative normative document management should be guided by the following principles:

    (A) ensure the proper implementation of laws and regulations;

    (B) safeguard the Socialist legal system and Government decrees;

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

    (D) adhere to openness and public participation;

    (E) adhere to the streamlining, effectiveness and accountability.

    Fifth administrative normative document management administrative head responsibility system.

    Chapter II development and release

    Following executive authorities may establish administrative normative documents of the sixth article:

    (A) local people's Governments at all levels;

    (B) the Department work the people's Governments above the county level and below the provincial level the vertical management departments;

    (C) the people's Governments above the county level established by law agencies.

    Laws and regulations authorized the Organization of the public administration may, within its terms of reference to develop administrative normative documents.

    People's Government above the county level departments, province following the vertical management departments within the institution or agency and do not have administrative functions of the Agency shall not make an administrative normative documents.

    Article seventh with the Office of the people's Governments above the county level (Office) name of normative documents, should the consent of the people's Governments at the corresponding level, according to the people's Governments at the corresponding level administrative normative document management.

    Matters involving two or more of the responsibilities of the Executive, should be their common administrative organ at a higher level of administrative normative document or administrative normative documents developed jointly by the relevant administrative authority.

    Eighth article developed administrative normative file should strictly comply with statutory permission and program, meet legal, and regulations, and regulations and national of approach policy; shall not set administrative license, and administrative punishment, and administrative forced, should by legal, and regulations, and regulations set of matters; no legal, and regulations, and regulations for according to, shall not provides limit or deprived citizens, and corporate and other organization legal right, or increased citizens, and corporate and other organization obligations of content.

    Nineth drafting unit shall develop administrative normative documents of the necessity and feasibility of content such as full investigation proved.

    Tenth article except law shall not public and the emergency sex of matters outside, administrative normative file in drafting process in the should public sought views; involved major public interests and masses vital interests of, should take Symposium, and hearing, variety form, widely heard administration relative people and about grass-roots units of views; involved area economic social development of major matters or professional sex strong of, should prior organization experts for need and feasibility argument.

    Drafted by citizens, legal persons and other organizations to submit comments and recommendations should be documented, research, and adopt an idea.

    11th draft normative documents should be reviewed by the legal legitimacy of the enacting body, without legal review, shall not be submitted for deliberation.

    Department work the people's Governments above the county level can be set for pre review of administrative normative documents.

    12th to draw the people's Governments at the corresponding level considering publishing normative documents, drafting unit shall submit the draft draft, drafting instructions and related materials, with a copy to the local government legal agencies.

    Drafting instructions prescribed in the preceding paragraph should include the formulation of the necessity and feasibility of the file, need to address the problems, the intention was that the main system and the main measures proposed, drafted, and more; related materials should include the development of basis, consult the summary and related reference materials, hold hearings, and also include the transcript of the hearing.

    The 13th article in accordance with the relevant provisions of the State, Township and county people's Government, the city and the Department and provincial Department heads should be enacted by administrative normative document of collective discussion and decision.

    Two or more administrative organs have jointly developed the administrative normative documents, shall be in accordance with the provisions of the preceding paragraph to the heads of administrative organs decided collectively.

    14th administrative normative document shall be formulated by the authorities in charge or other heads of its authorized signing and promulgation.

    Two or more administrative organs have jointly developed the administrative normative documents by the Executive in charge or its authorized official signed release.

    15th that emergencies require immediate administrative normative document, approved by the enacting body primarily responsible, can simplify the development process. 16th administrative normative document shall specify the effective date.

    Administrative normative documents related to the content belong to the stage work, shall specify the validity period.

    Administrative normative documents be implemented since the 30th, after the date of its publication, because of the need to protect national security and vital public interests, or publish immediately after the execution could affect laws, rules, regulations and except for the implementation of the national policy.

    17th administrative normative documents without consultation, review of legality and in accordance with the relevant provisions of the State decided collectively shall not be promulgated.

    18th the enacting body shall take the initiative to the public administrative normative document announced ways and procedures in accordance with the People's Republic of China Government information disclosure regulations set forth in 15th to 18th executed.

    Administrative normative document containing the content should not be exposed, but to be able to distinguish between treatment, should distinguish between treatment, remove or fade the content should not be exposed will be announced.

    County-level people's Government with regard to the interests of rural residents administrative normative documents, town administrative normative document developed by the people's Governments, Township people's Governments and village committees should be in towns and villages established released posted on the Bulletin Board.

    Apart from the outside will not be made public, without public release of normative documents, shall not be used as the basis of administration.

    19th administrative normative document amended, repealed in accordance with the relevant provisions of this chapter.

    Chapter III registration and supervision

    20th administrative regulatory documents shall be from the date of publication in the 15th, submitted for the record in accordance with the following provisions:

    (A) administrative normative document developed by the people's Governments at all levels, the immediate upper level people's Government for the record;

    (B) set up by the people's Governments above the county level in accordance with normative documents established by the Agency, the establishment of agencies of the people's Government for the record;

    (C) the Department work the people's Governments at and above the county level carry out vertically below the provincial management of the sector, as well as laws and regulations authorized the Organization of the public administration to develop administrative normative documents, reported to the competent administrative Department of the people's Governments at the corresponding level and upper-level record.

    Two or more administrative organs have jointly developed the administrative normative documents, organized by administrative organs to submit for the record. Administrative normative document reported specific measures prescribed by the provincial people's Government legal agencies.

    Administrative normative document front review of city, County, record work by local people's Governments concerned.

    21st article record of organs (hereinafter referred to as filing authority) reporting of administrative normative document should be reviewed, and regularly published for the record review of administrative normative document directory.

    22nd a citizen, legal person or other organization disagrees with the normative documents, written recommendations to the enactment organ, the filing authority. The enacting body, filing authority after receiving citizens, legal persons or other organizations present recommendations within 60 days from the date of written reviews research treatment, parties and written replies; complex, approved by the Bureau, may extend processing time limit, but the extension period shall not exceed 30th, and shall inform the parties an extension on the grounds.

    Otherwise stipulated by laws, administrative regulations, and from its provisions.

    The 23rd citizens, legal persons and other organizations in applying for administrative reconsideration requests review of the relevant administrative normative documents applied for, or administrative reconsideration organs in reviewing the specific administrative act considered unlawful on the basis of the administrative normative documents, in accordance with the People's Republic of China regulations implementation of the administrative reconsideration law.

    24th the people's Governments above the county level shall rule of law institutions bear the people's Governments at the corresponding level of administrative normative document for the record review, as well as citizens, legal persons and other organizations to review recommendations of the administrative normative document processing. 25th the people's Governments above the county level shall rule of law institutions found in a review of two or more administrative organs have produced inconsistent administrative normative document in respect of a matter, shall organize a coordinated and processed.

    Rule of the people's Governments above the county level bodies cannot be coordinated, should be processed in a timely manner, the attention of the people's Governments at the corresponding level decisions.

    Filing authority or legal agencies may require the enacting body in the people's Governments above the county level description of the situation within the time stipulated; seek the views of the relevant administrative organs, the relevant administrative authority shall reply within the deadline.

    Article 26th record found that administrative organs or the rule of the people's Governments above the county level bodies of normative documents and laws, contravene the legislation, regulations and national policies, or excess of their statutory rights, violations of procedures, shall promptly inform the enacting body to correct, suspended; if necessary, filing authority to revoke or change it directly in accordance with the terms of reference. The enacting body the receipt of the record or the rule of the people's Governments above the county level bodies a written review comments, shall reply in writing within the 15th results. Disagrees with the opinion of the review, you may apply for review.

    Filing authority or Government legal agencies above the county level shall, from the date of receipt of the application for review within the 15th reply in writing.

    Article 27th Authority submitted in accordance with the provisions of administrative normative document filing, by filing authority or legal agencies above the county level people's Government notified the enacting body to correct within.

    Set delay to submit for the record, or if the problem is not rectified, by filing authority or criticism from the rule of the people's Governments above the county level institutions in serious or adverse consequences, directly by the authority in accordance with administrative privileges to responsible person in charge and other direct liable persons shall be given administrative sanctions.

    The fourth chapter assessment and cleanup

    28th the enacting body shall timely organization to assess the implementation of the normative documents; don't think administrative normative documents should continue to be performed, it shall be amended or repealed.

    Set forth the validity of administrative normative document, developed it deems it necessary to continue to implement, should be made public in accordance with the provisions of these measures, and recalculate the validity period from the date of its promulgation. The enacting body shall, in accordance with the relevant provisions of article 29th, organized every two years to clean up our bodies to develop administrative normative document; otherwise provided by laws and regulations, from its provisions.

    For failure to comply with laws, rules and regulations, as well as adapt to the requirements of economic and social development of normative documents should be amended or repealed. Article 30th administrative normative documents on the clearance and the enacting body shall promptly release remain valid, revocation and invalidation of administrative normative document directory, and compilation of already published and periodically clean up the administrative normative documents.

    List of files not included in continue to be effective normative documents, shall not be used as the basis of administration.

    The fifth chapter supplementary articles 31st article this way come into force on September 1, 2010. On May 26, 2000 issued by the provincial Government of Zhejiang abrogated of the administrative provisions of the normative documents for the record review.