Fujian Province, Administrative Authorities Of Normative Documents For The Record Review

Original Language Title: 福建省行政机关规范性文件备案审查办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264140.shtml

Fujian province, administrative authorities of normative documents for the record review

    (May 21, 2010 49th Executive session of Fujian province on May 25, 2010, 107th promulgated by the people's Government of Fujian province as of July 1, 2010) first in order to enhance the normative documents of the Executive for the record review, maintain the uniformity of the legal system, promoting administration according to law, in accordance with relevant laws and regulations, combined with the facts of the province, these measures are formulated.

    Second administrative organs at various levels in the province record review application of this approach to regulatory documents, except for government regulations.

    Third normative documents for the record review, shall be required, and there is a prepared instance and the mistakes must be corrected.

    Normative documents for the record review, should adhere to the legal review, supplemented by appropriate review of the principles.

    Article fourth standard documents in these measures refers to the following rights and obligations of citizens, legal persons and other organizations, and a generally binding document:

    (A) issued by the people's Governments at all levels, as well as by the General Office of the people's Government above the county level to (room) files published in the name;

    (B) with the approval of the people's Governments above the county level to government departments or agencies on behalf of published files;

    (C) departments above the county level people's Government issued document;

    (D) documents issued by the Agency of the people's Governments above the county level;

    (E) the vertical management departments below the provincial publishing files;

    (F) legal and authorized rights to administer public affairs functions of the Organization's documents.

    The power to issue normative documents prescribed in the preceding paragraph, referred to as publishing.

    Fifth administrative organs publish 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 operating rules;

    (H) the rights of other citizens, legal persons and other organizations obligations or does not have a universally binding files.

    Article sixth of normative documents from the date of publication in the 15th to submit for the record as follows:

    (A) issued by the people's Governments at all levels, as well as by the General Office of the people's Government above the county level to (room) name of normative documents, submitted to the people's Governments at a higher level for the record.

    (B) with the approval of the people's Governments above the county level to government departments or agencies on behalf of publishing normative documents, sent by approved organ of people's Governments at a higher level for the record.

    (C) normative documents issued by the departments above the county level people's Government, submitted to the people's Government for the record; two or more departments jointly issued a normative document, submitted by the sponsoring department is responsible for the record.

    (Iv) normative documents issued by the Agency of the people's Governments above the county level, submitted to the establishment of the people's Government of the Agency's record.

    (E) the vertical management departments below the provincial regulatory documents issued by and submitted to the competent authorities at a higher level for the record with a copy to the people's Governments at the same level.

    (F) legal and authorized rights to administer public affairs functions of the Organization's normative documents, submit the direct management of the Organization's departments.

    Accepted normative documents for the record specified in the preceding paragraph above the county level people's Governments or authorities, referred to as filing authority.

    Article seventh the following normative documents except in accordance with these procedures article sixth submitted for the record, a Standing Committee of the Fujian Provincial people's congresses at all levels should also be in accordance with the provisions of the normative documents for the record review submissions for the record:

    (A) issued by the people's Governments above the county level, as well as by the General Office of the people's Government above the county level to (room) name of normative documents, submitted by the people's Governments at the corresponding level at the Standing Committee of the national people's Congress for the record.

    (B) with the approval of the people's Governments above the county level to government departments or agencies on behalf of publishing normative documents, submitted to the Standing Committee of the national people's Congress for the record at the same level by the approval authority.

    Article eighth filing authority bodies responsible for Legal Affairs (hereinafter referred to as the record organization) is responsible for the specific work of the normative documents for the record review.

    Township people's Governments and designate a person responsible for the subdistrict office of normative documents submitted for the record. When the Nineth normative documents submitted for the record, record, official version of the report shall be submitted (one original and three copies) as well as electronic text.

    Record report should include the name of the normative documents and issued a document size, date, and publishing the form.

    Filing authority deems it necessary, may require the publishing normative documents submitted for the record by the authorities with the drafting instructions.

    Tenth record working body of normative documents submitted for the record review content exists in the following situations:

    (A) beyond the statutory authority;

    (B) unlawful restriction or denial of the legitimate rights of citizens, legal persons and other organizations, or illegal to increase obligation of citizens, legal persons and other organizations;

    (C) the unlawful creation of administrative license, the administrative punishments, administrative enforcement, administrative fees and other administrative powers;

    (D) the laws, rules, regulations or by the normative documents conflict;

    (E) other contents need to be reviewed.

    11th article by review, record work institutions found normative file exists this approach tenth article by column case one of of, by record organ approved, by record work institutions to released organ issued written review views, recommends released organ itself corrected; released organ should since received the views of day up 60 days will processing situation feedback record work institutions; released organ late not corrected or refused to corrected of, by record work institutions reported to the record organ be change or revoked.

    Before you publish the organs to correct its own, recording agencies believe may result in serious consequences for the continued implementation of the normative documents, can be reported to the filing authority to suspend implementation of the normative document part or all of the contents of the decision. 12th the citizens, legal persons and other organizations considered normative documents of the tenth of one of the circumstances listed in article can be submitted in person, by post, by fax, Government Web sites, e-mail and other means to review application filing authority.

    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.

    13th the citizens, legal persons and other organizations to review application filing authority, by recording body responsible for reviewing. Belong to the scope of this review, recording institution shall, from the date of receiving the application for review findings inform the applicant within the 30th; complex, approved by the recording head may extend the review period, but the review period shall not exceed 45 days.

    Upon review, normative documents of the circumstances set out in article tenth, according to article 11th deal with these measures.

    Not part of the scope of this review, for the body of work from the date of receiving the application for review should be told to submit to the authority of the applicant within the 5th.

    14th can the people's Governments above the county level shall be based on the actual situation, Department working the required normative documents developed before being released by the people's Governments at the corresponding level legal agencies implementation of the review of legality.

    15th normative documents should indicate the period, valid for no more than 5 years, expired normative documents automatically invalidated.

    Expiry of normative documents still needs to continue, to evaluate their implementation shall be published by authority, and in accordance with the relevant procedure to republish.

    Article 16th organs should be normative documents every two years to clean up and publicize the results, and will be filed written report on the results.

    Results should include the continued effective, modified, abolished or declared invalid the regulatory documents.

    Article 17th authority shall, before January 31 of each year, the regulatory documents issued by the authorities last year submitted to the registration authorities.

    Recording institutions shall before March 31 in each year, to filing authority a written report on a review of normative documents for the record of the year. Article 18th filing authority regularly publishing normative documents submitted for the record to be checked.

    Checks at the publishing organs shall cooperate with and follow the request issued a directory, file, text, and other related information.

    19th normative documents for the record review should be evaluated as Government and its performance evaluation of content.

    Article 20th authorities in violation of the rules does not take seriously its obligations under the record review function, filing authority shall order rectification fails, be informed in serious cases, by the competent authority directly responsible for the personnel and other personnel effectiveness be warned or given administrative sanctions according to law.

    Article 21st record body of work does not take seriously its obligations under the record review function, by the registration office ordered corrective action in serious cases, by the competent authority directly responsible for the personnel and other personnel effectiveness be warned or given administrative sanctions according to law. 22nd article of the rules take effect on July 1, 2010.