Under Normative Documents Of The Executive Management In Zhuhai City

Original Language Title: 珠海市行政机关规范性文件管理规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264136.shtml

Under normative documents of the Executive Management in Zhuhai city

    (The seventh session of the Standing Committee of the people's Government of the 148th consideration of Zhuhai city, May 10, 2010 through May 27, 2010 73rd Zhuhai city people's Government promulgated as of July 1, 2010) Chapter I General provisions

    First to standardize the administrative authorities of normative documents in this municipality (hereinafter referred to as normative documents) establish procedures to strengthen the supervision and management of regulatory documents, according to Guangdong Province, the relevant provisions of the State and, combined with the city's actual, these provisions are formulated.

    Normative documents referred to in the provisions of article, refers to government regulations, the municipal administrative organs, to citizens, legal persons or other organizations with General binding force, files can be applied repeatedly.

    Regulatory documents are divided into normative documents and normative documents of departments of the Government.

    People's Governments at all levels and their offices, hengqin new area Administrative Committee and economic zone in its own name to develop regulatory documents regulatory documents for the Government; the composition of the city or district people's Government departments and laws and regulations authorize the Organization to manage public affairs in their own development of normative documents in the name of normative documents for the Department.

    Article, normative documents, the drafting, review, decisions, publication, record, interpret, modify and abolish these provisions shall apply.

    Fourth administrative organs of internal work, technical procedures, administrative decision on specific issues, as well as on the direct management of personnel, finance and foreign affairs matters developed documents such as these rules do not apply.

    Article fifth the deliberation and coordination agencies of the Executive, the provisional institutions, organs and subsidiary bodies shall not be development of normative documents in its own name.

    Sixth no provisions of law and rules and regulations, regulatory documents shall not be made citizens, legal persons or other organizations the rights or increasing the obligations of.

    Development of normative documents, should reflect the principle of unity of powers and responsibilities of the Executive, conferred on the executive authorities the necessary terms of reference at the same time, it should provide the conditions for the exercise of any powers, procedures and responsibilities.

    Article seventh normative documents may not be set to the following matters:

    (A) administrative penalties;

    (B) an administrative license;

    (C) the compulsory administrative measures;

    (D) administrative fees;

    (E) other shall be determined by law, regulations or rules or set by a higher administrative authority.

    Article eighth without the Government legal organization reviews or normative documents issued by the carrier without the provisions is not valid.

    Chapter II preparation

    Nineth normative documents implemented by the organization unit responsible for drafting.

    Normative documents involving more than two units of the terms of reference, by one of the leading organizations in drafting or designated units of the drafting.

    Article tenth of the draft regulatory documents includes:

    (A) development purposes;

    (B) basis;

    (C) the scope and object;

    (D) the code of conduct;

    (E) effective date.

    11th draft normative documents, research should be carried out, listen to the views of citizens, legal persons or other organizations.

    12th normative documents concerning the responsibilities of other units, drafting units should be full consultation with the relevant units. Units of the normative document draft should be carefully studied, and back on schedule.

    Proposed amendments, shall state the reasons in writing and the basis.

    13th draft units and other units have different views, should be fully consulted after adequate consultations cannot agree, draft normative document should be submitted for draft description set out differences of opinion and when to adopt or reject reason.

    Article 14th drafting unit shall, in consultation with other units after the draft, revise and perfect and the formation of normative document, submitted to the Government legal organization reviews.

    Chapter III examines

    15th draft government regulatory documents should be submitted directly by the drafting unit level legal institutions under review.

    Hengqin new area Administrative Committee, economic functional area management regulatory documents draft should be submitted to the Executive Agency Legislative Affairs Agency is responsible for the review.

    Town government, regulatory documents draft shall be submitted to the subdistrict office district people's Government or the legal review of the CMC.

    Sectoral normative documents draft should be submitted directly by the drafting Department of the people's Government legal agencies for review.

    16th normative documents submitted to review, should provide the following materials:

    (A) the normative document draft;

    (B) preparation of notes;

    (C) basis;

    (D) the views of the relevant units;

    (E) other related material.

    Other related materials including hearing transcripts, reports and reference materials.

    Article 17th of the drafting instructions should be on the development of regulatory documents purpose, necessity and feasibility, draft a brief process, to solve problems, provided the main measures, coordination and clarification related to opinions adopted.

    Basis includes the drafting of normative documents on the basis of laws, rules, regulations and higher regulatory documents.

    Draft should be signed by the drafting unit chief.

    Article 16th 18th drafter is not requested information, government legal agencies may request their padded material. 19th government legal agencies to review the legality of normative document draft.

    Other issues of normative documents draft, may appeal to the draft amendments.

    Relevant units of the agencies in the review of the legal system, the Government needs to make instructions, submit evidence, to assist the work and shall cooperate with the relevant units, and to respond within the time limit.

    20th standard document draft one of the following circumstances, the Government legal organization can be returned:

    (A) basic conditions of development of normative documents is still immature;

    (B) draft relevant normative documents provide the main content differences, drafted without consultation with relevant authorities;

    (C) the basic normative document draft content repeated upper law provisions, is not based on specific provisions, is not necessary;

    (Iv) normative documents draft order is not clear, logical structures;

    (E) Government legal agencies believe that there are other issues shall be returned.

    21st the relevant draft government regulatory documents related to the measures have different views, the Division of management, permissions, should initiate consultation; failed to reach an agreement after consultations, the Government legal organization problems, the relevant units should be bodies reported to the people's Governments at the corresponding level of the legal system and Government decisions.

    22nd government legislative bodies should be completed within 10 working days from the date of receipt of the draft review of the review in writing and inform the drafting unit.

    There are special cases, agreed by the heads of government legal agencies, can be extended by 10 working days, and will extend the review period and the reasons for it in writing inform the drafting units.

    Required supplementary materials, review period from the date of padded material to recalculate.

    Article 23rd drafting units of the Government legal organization reviews there are dissenting opinions, receipt in writing within 10 working days from the date of the review, apply to the people's Governments at the corresponding level for review.

    24th Government after this level shall agree to the normative documents issued by the administrative officer.

    Sector after government legal agencies for examination and approval, the normative documents, issued by the drafted by the Executive heads.

    The fourth chapter publications and records

    25th government regulatory documents adopted by the people's Governments at the corresponding level, and after it has been issued by the administrative officer, issued by the Office of the people's Governments at the corresponding level. 26th people's Governments at various levels and departments should establish normative documents issuing system.

    Invalid provisions without the carrier issuing regulatory documents, shall not be used as the basis of administration.

    27th people's Governments at all levels should establish normative document number system.

    Normative documents in the specified carrier before it is published by the Government legal agencies according to the standard poses the same level numbered, published as normative documents through a legal review, the granting of legal identity.

    28th release carrier is the municipal Bulletin of normative documents of the municipal government, and municipal government Web site.

    District Government regulatory documents published carrier is the district people's Government Gazette, and the district people's Government Web site.

    Departments release carrier of normative documents is the Department's Web site and the level of government legal agencies Web site.

    Hengqin new area management Committee of Government, economic functional area management regulatory documents regulatory documents published carrier release.

    Town government, neighborhood offices shall be in the Office and public building bulletin announcing its regulatory documents, release shall be not less than the period 30th.

    29th government regulatory document drafter shall file within 5 working days from the date of issue, to the official text of the local government legal agencies to submit regulatory documents, drafting instructions and develop paper text based on a 10 and the corresponding electronic copies by the people's Government of the people's Governments at the corresponding level rule of law institutions up and at the Standing Committee of the national people's Congress for the record.

    30th district, town and sub-district offices of regulatory documents shall be published in the 15th to submit the Government legal organization at a higher level for the record.

    31st regulatory documents shall be implemented since the release date of 30th but because of the need to protect national security, public interest or not implemented could affect regulatory documents to implement immediately after the announcement, can come into force on the date of promulgation.

    Fifth chapter of supervision and inspection Article 32nd citizens, legal persons or other organizations to view regulatory documents with the laws, regulations, rules and other conflicts, written recommendations to the Government legal agencies.

    Government legal agencies should be made within 15 working days and reply proponents will result.
Article 33rd government legal departments at the same level should be normative documents and lower levels of government regulatory documents the development and management of supervision and inspection.

    Without the Government legal organization reviews agree with or without requiring departmental normative documents issued by the carrier, the Government legal organization can assure the public that the file is not valid. Article 34th for failure to submit or not to submit regulatory documents filed on time, and government legal agencies responsible for filing deadline should be required to submit.

    Still not submitted overdue, to submit this level shall give notice of criticism.

    35th levels of people's Governments and departments should regularly clean the normative document evaluation, discovery and new laws, rules, regulations and national policies in conflict with a provision shall be promptly amended or annulled.

    The sixth chapter supplementary articles

    36th normative documents by the enacting body is responsible for the interpretation.

    37th to modify or repeal procedures in accordance with the requirements of normative documents development program implementation. 38th article of the regulations come into force on July 1, 2010.