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Zhejiang Province Administrative Normative Document Management

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

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Administrative normative document management approach in Zangan Province

(Act No. 275 of the People's Government Order No. 265 of 20 July 2010)

Chapter I General

Article 1, in order to enhance the oversight of administrative normative documents, to promote the administration of the law, to guarantee the freeness of the order, to prevent administrative disputes, to develop this approach in line with the Regulations, the Regulations and Rules, and relevant legal, regulatory provisions.

This approach applies to the formulation, documentation of administrative normative documents and the related oversight management within this province.

The internal system of work of the executive branch, as well as the provisions of awards, personnel, are not applicable.

The administration of administrative normative documents by the State, which is administered in accordance with the relevant provisions of the State; the State does not provide for the application of this approach.

Article 3 of this approach refers to administrative normative documents that, in addition to government regulations, are developed by the executive branch in accordance with the statutory authority and the procedures set out, relate to the rights obligations of citizens, legal persons or other organizations that are not specific, are applied repeatedly within a certain period of time and are generally binding in the present administration region.

Article IV

(i) Guarantee the right implementation of laws, regulations;

(ii) Maintenance of the unity and political order of the socialist rule;

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

(iv) Maintain public and public participation;

(v) To maintain coherence, effectiveness and accountability.

Article 5 governs the management of administrative normative documents.

Chapter II

The following administrative organs may formulate administrative normative documents:

(i) Government of the people at the local level;

(ii) The work sector, which is owned by the Government of the above-ranking people, and the following vertically managed sectors;

(iii) The Government of the people at the district level has been established by law.

Organizations that authorize the implementation of public administration may formulate administrative normative documents within their purview.

More than the people's government-owned services, the establishment or dispatch agencies of vertical management, and the agencies that do not have administrative functions, shall not establish administrative normative documents.

Article 7. Administrative normative documents issued on behalf of the Office of the People's Government (Office) at the district level should be administered in accordance with the administrative normative documents developed by the current people's Government, with the consent of the Government.

Matters relating to the responsibilities of more than two executive organs should be developed by their common superior executive organs to develop administrative normative documents or by joint administrative normative documents by the relevant administrative organs.

Article 8. The development of administrative normative documents should strictly comply with the legislative, legislative, regulatory and national policy; refrain from creating administrative licences, administrative sanctions, administrative enforcement, etc. matters that should be established by law, regulations, regulations, regulations, regulations and regulations; and refrain from imposing restrictions or denying the legitimate rights of citizens, legal persons and other organizations, or increasing the content of the obligations of citizens, legal persons and other organizations.

Article 9 Drafting units should conduct a full analysis of the need for, and feasibility of, administrative normative documents.

Article 10, in addition to non-public and emergency matters under the law, administrative normative documents should be openly consulted in the drafting process; in relation to major public interests and the public interest, a variety of forms, such as colloquiums, hearings and hearings, should be widely heard of the views of the administrative relative and the relevant grass-roots units; in relation to major matters of economic and social development in the region, or in a more professional manner, the necessary and feasibility of experts should be organized in advance.

The observations and recommendations made by the drafting cell for citizens, legal persons and other organizations should be recorded in the case, in the study and provided information on the adoption of comments.

The draft administrative normative document should be reviewed by the rule of law institutions in which the organ was established and not subject to review without legality.

The Government of the people at the district level may pre-review the administrative normative documents developed by the respective work sector.

Article 12 brings the administrative normative documents issued for consideration by the Government of the people at this level, and the drafting units should submit draft texts, drafting notes and related materials, while couriering the rule of law institutions of the current people.

The drafting notes provided in the preceding paragraph should include the need and feasibility of documentation, the key issues to be addressed, the main systems to be set and the main measures to be taken, the drafting situation, etc.; the material should include the development of the basis, the request for a summary of views and relevant reference information, and the holding of hearings should also include hearings.

In accordance with the relevant provisions of the State, the administrative normative documents of the commune, municipal, district-level people's governments and their sectors and provincial governments should be decided by the designating authorities on a collective basis.

The executive normative documents developed jointly by the two executive organs should be decided in accordance with the preceding paragraph by the heads of the executive organs.

Article XIV Norms of administrative normative documents should be published by the principal holder of the organ or by other heads of its mandate.

The executive normative documents developed jointly by more than two executive organs are published by the heads of the executive organs or by other heads of their delegation.

Article 15 establishes administrative normative documents when emergencies require, and with the approval of the principal heads of the design body, procedures can be simplified.

Article 16 should indicate the date of implementation. The content involved in administrative normative documents is part of the work at the stage and should be specified in an effective period.

Administrative normative documents should be carried out after 30 days of the date of publication, except for legal, regulatory, regulatory and national policy implementation because of the need to guarantee national security, a major public interest, or if they are not immediately introduced.

Article 17

Article 18 should be developed with the initiative of publicizing administrative normative documents to society, by means and procedures to be implemented in accordance with articles 15 to 18 of the Public Regulations on Information of the People's Republic of China.

Administrative normative documents contain not public content, but they can be dealt with by a differentiation, which should be deleted or implicitly should not be made public.

The executive normative documentation on the interests of rural residents, the administrative normative documents developed by the communes' Government, the communes' Government, the villagers' councils should be published in the town and village announcements.

In addition to the non-disclosure of the law, the administrative normative documents that have not been made public must not be used as a basis for administration.

Article 19 Changes in administrative normative documents and repeals implementation in accordance with the relevant provisions of this chapter.

Chapter III

Article 20

(i) The executive normative documents developed by the people's governments at all levels, which are presented to the Government at the highest level;

(ii) The executive normative documents developed by the Government of the people at the district level by the police body established by law, which are presented to the Government of the people who have established the dispatching agency;

(iii) The work sector of the people of the district level, the executive normative documents developed by the following vertically managed sectors of the province, as well as the legal, regulatory and regulatory organizations that authorize the implementation of public management, are presented to the Government of the people and the executive authorities at the highest level.

More than two executive organs have jointly developed administrative normative documents, which are sent by the host executive body.

Specific options for the presentation of administrative normative documents are provided by the Provincial Government's rule of law institutions. The municipalities and districts that have been reviewed prior to the introduction of administrative normative documents are provided by the local people's Government.

Article 21, the body receiving the request (hereinafter referred to as the competent organ) shall review the administrative normative documents submitted and publish the directory of administrative normative documents reviewed on a regular basis.

Article 22, civil, legal or other organizations may make a written review of the administrative normative documents challenging.

The establishment of organs, legal persons or other organizations shall examine the matter within 60 days of the date of receipt of a written review proposal by citizens, legal persons or other organizations, and write to the parties; the complexity of the situation, with the approval of the executive head, may extend the duration of the proceedings as appropriate, but the extension period shall not exceed 30 days and shall be communicated to the parties for the extension. The laws, administrative regulations and other provisions are provided for.

Article 23. Civil, legal and other organizations, when applying for administrative review, have made a request for review of relevant administrative normative documents, or the executive review body considers that their administrative normative documents are not lawful in the context of the review of specific administrative acts and are carried out in accordance with the relevant provisions of the National People's Republic of China Administrative Review Act.

Article 24

Article 25 In the review, the rule of law institutions of the people at the district level found that administrative normative documents produced by more than two executive organs were inconsistent with the provisions on a matter and should be organized in a timely manner. The rule of law institutions of the people at the district level cannot be coordinated, and the views should be submitted in a timely manner and brought to the Government's decision at this level.

The competent organ or more people's rule of law institutions at the district level may request the establishment of the body to clarify the situation within the prescribed time frame; seek the views of the relevant executive organs and the relevant administrative organs should respond within the time frame.

Article 26 The competent body or more people's rule of law institutions at the district level found that administrative normative documents were incompatible with the law, regulations, regulations and national policy of approach, or should be informed in a timely manner of redress, suspension of implementation by the competent organ or, where necessary, by virtue of its mandate.

After having received written review by the competent organ or the body of the rule of law of the people at the district level, the results should be answered in writing within 15 days. An objection to the review may apply for review. A written response to the opinion shall be made within 15 days of the date on which the request for review is received.

Article 27 establishes organs that do not submit administrative normative documents in accordance with the provisions, and are notified by the competent body or by the authorities of the Government of the people at the district level of the establishment of the institution for the period of time.

Delays in the development of organs or failure to correct problems are criticized by the competent body competent to act in accordance with the authority to do so by law by the competent and other direct responsibilities that are directly responsible under the authority of management.

Chapter IV Assessment and clean-up

Article 28 should be organized in due course for an assessment of the implementation of administrative normative documents; it is considered that administrative normative documents should not be continued and should be revised or repealed in a timely manner.

The executive normative document containing an effective period of time should be developed and the body considered to be required to continue, which should be republished in accordance with the provisions of this approach and recalculated the period of effectiveness from the date of publication.

Article 29 should be established by the organs of the State in accordance with the relevant provisions of the State to organize, every two years, administrative normative documents established by the organ; legal, regulatory and other provisions from them. They should be modified or repealed in respect of administrative normative documents that are not in conformity with laws, regulations, regulations and regulations and that are not adapted to the requirements of economic and social development.

Following the clean-up of administrative normative documents, the development body should publish in a timely manner a directory of administrative normative documents that continue to be effective, repealed and ineffective, and regularly compile administrative normative documents published and cleared by this organ. Administrative normative documents that are not included in the list of documents that continue to be valid shall not serve as a basis for administration.

Chapter V

Article 31 A review of the administrative normative documentation for the provinces of Yangi Province, issued by the Government of the People of the province on 26 May 2000, was also repealed.