Sichuan Province Administrative Normative Documents And Filing Requirements (Revised 2010)

Original Language Title: 四川省行政规范性文件制定和备案规定(2010年修正本)

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264124.shtml

Sichuan province administrative normative documents and filing requirements (revised 2010)

    (Sichuan provincial people's Government on December 20, 2004, the 188th posted May 20, 2010 the 56th Executive meeting of the people's Government of Sichuan province by Sichuan provincial people's Government on June 28, 2010 the 188th-issued on the 1th come into force on August 1, 2010) Chapter I General provisions

    First developed to standardize the administrative normative documents and filing, maintaining national unity of legal system, according to the People's Republic of China local people's congresses and organic law of the local people's Governments at all levels and other provisions of laws and regulations, in Sichuan province, this provision is enacted.

    Administrative normative document referred to in the provisions of article (hereinafter referred to as normative documents), with the function of the management of public affairs at all levels in the province administrative organ pursuant to statutory authority, established pursuant to the provisions of, besides the regulations, relating to rights or obligations of citizens, legal persons or other organizations, released publicly and repeatedly apply, universally binding administrative files.

    Article development of normative documents in the province, filed the application of this provision.

    Chapter II establishment of normative documents

    Fourth the following authorities to develop normative documents:

    (A) the people's Governments at all levels.

    (B) composed of local people's Governments at or above the county level departments, institutions and agencies directly under (hereinafter referred to as departments).

    (C) authorized by laws and regulations to administer public affairs functions of the Organization (hereinafter referred to as organization authorized by laws and regulations).

    Shall be formulated in accordance with the procedures and requirements for normative documents may not be in the form of other documents as the basis for Administration.

    Temporary body established by the people's Governments at all levels, the deliberation and coordination agencies and departments set up institutions, agencies shall make no normative documents.

    Fifth developed regulatory documents shall be guided by the following principles:

    (A) the uniformity of the legal system;

    (B) the terms of reference and procedures;

    (C) terms of reference consistent with the responsibilities;

    (D) maintain the legitimate rights and interests of citizens, legal persons and other organizations;

    (V) simplification, unification and efficiency, openness.

    Sixth normative documents of general use "rules", "decisions", "way", "rule", "notice" and "notice" and "notice", "opinions" name.

    Normative documents form the General provisions, paragraph form can also be used.

    Normative documents of the seventh article content should be clear, specific, operational; not inconsistent with law, regulations, rules and contravene the principles and policies of the country. Eighth standard document should provide valid, since the purpose of not exceeding 5 years from the date; the name as "provisional" and "pilot" of no more than 2 years. Has expired, the normative document automatic failure.

    Arrangements for work there is a clear requirement of normative documents, completed automatically invalidated.

    Normative document is before the expiry of 6 months developing organ or organ deems it necessary to continue to implement should be organized to assess the implementation of the normative documents, issued or revised under evaluation release.

    Nineth normative documents may not be set to the following content:

    (A) administrative penalties;

    (B) administrative enforcement;

    (C) administrative license;

    (D) administrative fees;

    (E) shall be prescribed by the laws, rules and regulations.

    The preceding paragraph (d) provides the normative contents of the file may not be set, by the provincial people's Government and provincial fiscal, pricing departments in accordance with statutory authority, except for development of normative documents.

    Normative documents on the implementation of specific provisions of the laws, regulations and rules, no additional obligations of citizens, legal persons or other organizations shall not go beyond the provisions of the laws, regulations and rules limiting civil rights, legal persons or other organizations.

    Tenth at all levels shall organize the drafting of regulatory documents, can be determined by one or several of its departments responsible for drafting, also drafted by its legal bodies or organizations can be identified.

    Normative documents covering two or more departments or organization authorized by the laws and regulations mandate, should consist of two or more departments or organization authorized by the laws and regulations drawn up jointly, can be determined by a Department or organization authorized by the laws and regulations.

    Department or organization authorized by the laws and regulations to develop normative documents, drafted by reference to this article and the provisions of the second paragraph.

    11th draft normative documents, should be to study the necessity and the feasibility of, and the need to address the issue, the proposed establishment of main systems or measures to be the main content to demonstrate. 12th draft regulatory documents shall consult the relevant bodies, organizations and management people and the views of experts and scholars.

    Major or related to the vital interests of the draft regulatory documents, hearings should be taken, feasibility study meeting, symposium or publication of the draft regulatory documents to the society, to solicit views of the community.

    The 13th citizens, legal persons or other organizations to comment on the draft regulatory documents, drafting units should be dealing with.

    The 14th at all levels shall develop normative documents, drafting unit submitted to the Government for review should provide the following materials:

    (A) to request the review request;

    (B) draft normative documents;

    (C) preparation of notes (including the purpose of normative documents, according to, main content, validity, necessity and feasibility, etc);

    (D) the legal demonstration;

    (E) request for comment.

    Local people's Governments at or above the county level shall develop normative documents, their major differences on the draft opinions, drafting units should coordinate work coordination fails, the parties should faithfully record the differences and reasons, the enacting body ruling.

    Departments and law and regulations empowering the Organization to make normative documents referring to this article, the second paragraph shall apply.

    The 15th local people's Governments at or above the county level shall develop normative documents should be reviewed by the legitimacy of the people's Government legal agencies.

    Department Organization authorized by laws and regulations and the development of regulatory documents shall be subject to the legal validity of their unit.

    The township (town) people, neighborhood offices developed regulatory documents shall be subject to the unit in charge of Legal Affairs who review of legality.

    16th regulatory documents developed by the people's Governments at all levels should the Government plenary sessions or Executive Council.

    Department Organization authorized by laws and regulations and the development of regulatory documents, shall be subject to the meeting for discussion and adoption.

    Due to major emergencies, implement higher administrative authority of emergency orders and decisions, and so on, require immediate development of normative documents, can be determined by the enacting body mainly responsible for the review, but shall promptly report to the Executive or the Government Office.

    17th regulatory documents shall be in accordance with the People's Republic of China relevant provisions of the regulations on disclosure of Government information to the public.

    Regulatory documents shall be from the date of publication of the 18th article after 30th purposes, but because of the need to protect national security, public interest, or released immediately after the execution could affect laws, rules, regulations and national policies, except for the implementation of the policy.

    Chapter III of normative documents for the record

    19th local people's Governments above the county level and provincial and municipal (State) Government departments for the record review organs.

    Except otherwise prescribed by laws, regulations and regulatory documents shall be submitted according to the following provisions in the 15th after posting record review authority for the record:

    (A) regulatory documents developed by the people's Governments at all levels should be reported to people's Governments at a higher level for the record; provincial regulatory documents shall be in accordance with the relevant provisions of the provincial people's Congress for the record;

    (B) regulatory documents established by the Department, shall be submitted to the people's Governments at the corresponding level for the record, can also be reported to the authorities at a higher level for the record; the vertical management departments to develop normative documents should be reported to authorities at a higher level for the record, can also level people's Government for the record;

    (C) regulatory documents established by the organization authorized by laws and regulations, should be reported directly to the management of the Organization's administrative record.

    Two or more departments or laws and regulations authorized the Organization of joint development of normative documents submitted for the record by the organizers.

    The 20th level under the local people's Governments at or above the county level shall rule of law institutions responsible for government departments and the people's Government of normative documents for the record review.

    Work Department under the legal entity responsible for the system-level Department Organization authorized by laws and regulations and normative documents of record reviews. 21st normative documents of record, shall be submitted for the record report 1, the official text and a set of 5 copies of the drafting instructions, and related laws, rules, regulations, and policy basis.

    Departments and legal normative documents and regulations empowering the Organization to make record of the people's Governments at the corresponding level, should also provide normative documents full text electronic documents.

    The 22nd government legal agencies and departments in the process of rule of law institutions in the review of regulatory documents, the need for organs, authorities and laws and regulations provide a basis for authorization to provide comments, or assistance, developing organs, authorities and laws and regulations authorized organizations shall cooperate as required. 23rd article County above place government legal institutions received work sector and legal, and regulations authorized organization record of normative file Hou, on meet this provides fourth article, and fifth article, and 19th article, and 21st article provides of should timely registration, raises record registration,, and will normative file text, and developed organ and record registration, together in government legal information website and Government Portal website Shang announced, accept supervision.

    Registration, the number of specific measures shall be prescribed separately by the Legal Affairs Office of the provincial government.

    24th the Government legal organization and departmental normative documents of the rule of law institutions in reviewing the record and found that the violation of the provisions of section fifth and Nineth, recommended the development of organs in the 15th amendment or repeal their own; without any justified reason, refuses to modify, repeal, according to the functions and powers, record review organs be revoked with the consent, or treatment recommendations to the authority.

    Regulatory documents developed by the people's Governments at lower levels above level people's Government departments and legal normative documents and regulations empowering the Organization to make provisions on the same matter in dispute, and coordinated by the higher people's Government legal agencies; coordination fails, by the higher people's Government legal agencies put forward opinions level people's Government decision.

    People's Government at the Department of work and legal normative documents and regulations empowering the Organization to make provisions on the same matter in dispute, coordinated by the local government legal agencies; coordination fails, by the Legislative Affairs Agency for disposal reported to the same level people's Governments decision. 25th the citizens, legal persons and other organizations to view regulatory documents there is illegal content, can contribute to the development of organs, record reviews and reflect government legal agencies.

    Relevant organs should promptly study to confirm the presence of normative documents illegal content which should be corrected.

    Fourth chapter of normative documents management and supervision

    26th the enacting body shall through the Official Gazette, Government portals, government legal information website, departmental website, relatively fixed, widely known publication of normative documents.

    27th the enacting body shall establish a normative document clearing system, and according to the relevant regulations of the State to the public results.

    28th the enacting body shall at the end of January each year for the preceding year developed regulatory documents 2 copies for the record review authority for reference.

    Local people's Governments at or above the county level legal normative documents should be every six months for the record review level people's Government legal agencies, and summary reports to the people's Governments at the corresponding level.

    29th local people's Governments at or above the county level shall strengthen supervision, normative documents and filing into the Administration assessment.

    30th in violation of the provisions of the fourth paragraph, temporary body established by the people's Governments at all levels, the deliberation and coordination agencies and the local Office of the Department's internal institutions, development of normative documents, given by the competent authorities of the people's Government at or criticized; adverse effects or serious consequences, by competent authorities or organs persons responsible shall be given administrative sanctions.

    Nineth article 31st in violation of these provisions, set in the normative documents administrative penalties, administrative enforcement, approvals and other matters, by competent authorities or organs persons responsible shall be given administrative sanctions.

    Articles 32nd to violation of the provisions of the fifth, the Nineth, enacting body without a legitimate reason to seek to amend, repeal, criticized by the recording review informed the authorities given to the responsible unit; by its competent authorities or organs persons responsible shall be given administrative sanctions.

    The fifth chapter supplementary articles

    33rd normative documents according to the implementing rules for the regulations. 34th article of the regulations come into force on August 1, 2010.