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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)

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Administrative normative documentation for the provinces of Sichuan (as amended)

(Act No. 188 of 20 December 2004 of the People's Government Order No. 188 of the Sichuan Province, dated 20 May 2010, was amended by the 56th ordinary meeting of the Government of the Sichuan Province to make public release No. 188-1 of 28 June 2010 effective 1 August 2010)

Chapter I General

Article 1, in order to regulate the development and documentation of administrative normative documents, preserve national rule of law and harmonize this provision in line with the provisions of laws, regulations, such as the People's Congress of the People's Representatives at the local level of the People's Republic of China and the People's Government Act at the local level.

Article 2, which refers to administrative normative documents referred to in this Article (hereinafter referred to as normative documents), refers to all levels of executive organs, such as the executive organs of the province, which are responsible for the management of the functions of public affairs, in accordance with the statutory competence, in addition to the regulations, which relate to the rights or obligations of citizens, legal persons or other organizations, public publication and repeated application of universally binding administrative documents.

Article 3

Chapter II

The following administrative bodies may formulate normative documents:

(i) People's Government at all levels.

(ii) The local people's Government consists of departments, direct agencies and institutions (hereinafter referred to as the work sector).

(iii) Organizations that are mandated by law, legislation and regulations to administer the functions of public affairs (hereinafter referred to as legal, legislative and regulatory bodies).

Nor should it be established as a normative document in accordance with the procedures and requirements set out in this article, as a basis for the administration of other documents.

Interim bodies established by the people's governments at all levels, procedural coordinating bodies and institutions in the work sector, the sending body may not formulate normative documents.

The formulation of normative documents should be guided by the following principles:

(i) Harmonization of the rule of law;

(ii) Legislative mandates and procedures;

(iii) Competency with responsibility;

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

(v) To streamline, harmonize, effectiveness and openness.

Article 6. Normative documents generally use the name “Constitution”, “decision”, “The approach”, “rules”, “publications”, “Recommendations”, “Recommendations”.

Nor can it be made in the form of the provisions.

Article 7. The content of normative documents should be clear, specific and operational; it should not be incompatible with laws, regulations, regulations and national approaches, policies.

Article 8. Normative documents should provide for an effective period not exceeding five years from the date of operation; the name shall exceed two years from the date of “provisional”. Effective expiry, normative documents are automatically invalid. Arrangement of deployments has a clear time frame requirement for normative documentation, which has been completed automatically.

Normative documents have been completed for a period of six months prior to the expiration of their effectiveness, the design of organs or the executive body considers it necessary to continue their implementation, and an assessment of the implementation of the normative documents should be organized, which should be reissued or revised in accordance with the assessment.

Article 9 Nor shall normative documents set the following:

(i) Administrative penalties;

(ii) Administrative coercion;

(iii) Administrative licences;

(iv) Administrative expenses;

(v) Other provisions should be made by law, regulations and regulations.

Paragraph (iv) above stipulates that normative documents shall not be provided, except for normative documents developed by the Provincial People's Government and the provincial fiscal, material and price sectors in accordance with the statutory authority.

Nor shall normative documents impose specific provisions on the implementation of laws, regulations, regulations and regulations, the obligation of citizens, legal persons or other organizations shall not exceed the rights of citizens, legal persons or other organizations.

Article 10

The content of normative documents involves more than two work departments or legal, legislative and regulatory mandates of the organization, which should be co-drafted by more than two work departments or legal, legislative and regulatory authorization organizations, which may be determined by a working sector or by a legal, regulatory authority organization.

The working sector or the law, legislation and regulations authorize the organization to develop normative documents, and its organization's drafting work takes into account the provisions of paragraph 1, paragraph 2, of this article.

Article 11. Drafting normative documents should conduct research on the necessaryness and feasibility of them and justify the content of issues that need to be addressed, the main systems to be established or the main measures to be specified.

The drafting of normative documents should seek the views of the relevant organs, organizations and managers of the relative and expert, scholars. The draft normative document, which is important or relevant to the people's public interest, should be widely consulted, including through hearings, seminars, colloquiums or the publication of draft normative documents to society.

Article 13. Civil, legal or other organizations shall make observations on the draft normative document and the drafting cell shall be considered.

Article 14. Governments at all levels have developed normative documents and the drafting units should provide the following materials when submitting government reviews:

(i) Request for review;

(ii) Draft normative document;

(iii) Drafting notes (including the purpose, basis, needability and feasibility of the development of normative documents, key content, duration of effectiveness);

(iv) Concept of legality;

(v) Request for comments.

The Government of the local population at the district level has developed normative documents, with significant disagreements in the draft, which should be coordinated by the drafting cell; coordination is incomplete and should be presented to the decision of the organ if there is a real record of the views and reasons of the parties.

The work sector and laws, regulations authorize the organization to develop normative documents in accordance with article 1, paragraph 2.

Article 15

The work sector and the law, regulations authorize organizations to develop normative documents and shall be subject to a review of legitimacy by the rule of law of this unit.

The Government of the commune (communes) and the street offices have developed normative documents that should be subject to a review of legitimacy by those responsible for the rule of law.

The normative documents developed by the people at all levels should be adopted by the plenary of the Government or by the Standing Committee.

The work sector and the law, regulations authorize organizations to develop normative documents that should be adopted at the office of the unit.

As a result of heavy emergencies, urgent orders and decisions by executive superior administrative bodies, there is a need for the immediate development of normative documents that can be reviewed by the main heads of the design body, but reports should be reported in a timely manner to the Standing Committee or the office of the Unit.

Article 17 Normative documents should be issued to society in accordance with the relevant provisions of the Public Regulations on Information of the Government of the People's Republic of China.

Article 18 Normative documents should be carried out beyond 30 days of the date of publication, except for legal, regulatory, regulatory and national approaches, policy implementation due to the need to guarantee national security, public interest, or if they are not immediately followed up.

Submitted by normative documents

The Government of the local population and the Ministry of the Interior and the State of the People's Government of Article 19 are the work of the review body.

In addition to the provisions of the law, legislation and regulations, normative documents should be submitted by the submitting review body within 15 days of publication as follows:

(i) The normative documents developed by the people's governments at all levels should be submitted to the Government of the people at the grass-roots level, and the normative documents of the Government of the province should be presented to the Standing Committee of Governors in accordance with the relevant provisions;

(ii) The normative documentation developed by the working sector should be presented to the Government of the people at the current level or to the top-level authorities; normative documents developed by the vertical management work sector should be presented to the top-level authorities and could also be presented to the Government of the current level;

(iii) Normative documents developed by law, legislation authorizing organizations should be submitted to direct management of the organization's administrative body.

The normative documents developed jointly by the two working sectors or legal, legislative and regulatory bodies are sent by the host units.

Article 20

The rule of law institutions in the work sector are responsible for the review of the work sector and laws, regulations authorizing the organization of normative documents at the level of the system.

Article 21, Normative documents files should be submitted to one of the first, formal and drafting notes, together with relevant laws, regulations, regulations, policy bases. The work sector and the law, legislation authorizing the organization to prepare a normative paper to be submitted to the Government of the People, and the electronic file of the official text of normative documents should also be made available.

In reviewing normative documents, the Government's rule of law institutions and the rule of law institutions in the work sector need to develop organs, relevant departments and legal, legislative and regulatory mandates to provide advice, provide the basis or assist, and develop organs, relevant departments and laws, regulations and authorize organizations to cooperate as required.

Article 23 of the law of the local people at the district level has received normative documents from the work sector and the legal, legislative and regulatory authorities for the organization of the proceedings, which should be registered in a timely manner in accordance with article IV, 5, 19, and Article 21 of the present provision, plus the registration number of the normative documents, the development of organs and the registration of case No. I and be published on the Government Rule of Law Information website and the Government portal. The specific approach to registration and number is provided by the Provincial Government Office of the Rule of Law.

Article 24 of the Government's rule of law institutions and the rule of law institutions in the work sector, when reviewing the normative documents of the request, found that they were in violation of article 5 and article 9 of the present article, should recommend the establishment of the body's own amendments or repeals within 15 days of the institution; that there was no reason to amend and repeal the dismissal of the review body in accordance with the consent of the competent authority, or make recommendations to the competent organ.

The normative documents developed by the Government of the lower-level people are not contested by normative documents developed by the work sector and the legal, legislative and regulatory authority of the Government of the people, coordinated by the law-making body of the Government of the High-level People's Government; coordination is incompatible with the decision of the Government of the High-level People's Rule of Law Institutions to deal with comments.

The normative documentation developed by the working sector and the law, legislation authorizing the organization is incompatible with the provisions of the same matter, which are coordinated by the rule of law institutions of the current people's Government; coordination is incompatible with the decision of the Government of the people's rule of law body to deal with the recommendations of the people's government.

Article 25 Civil, legal and other organizations consider that normative documents are in violation of the law and can be reflected in the design of organs, the review bodies and the Government's rule of law institutions. The relevant bodies should study in a timely manner and remedy the existence of a violation of normative documents.

Chapter IV Management and oversight of normative documents

Article 26 establishes organs that should publish normative documents in a relatively fixed and general manner, such as government bulletins, government portals, information on the rule of law of the Government, sectoral websites.

Article 27 should establish a system for the clean-up of normative documents and publicize the results to society in accordance with relevant national provisions.

The twenty-eighth development body should be identified by the two reporting review bodies established in the previous year by the end of January.

The authorities of the local people's Government should report on the review of normative documents to the Government's rule of law at the highest level over a half-year period and report on the summary to the current people's Government.

More than twenty-ninth local people's governments should strengthen monitoring and incorporate normative documents into the legislative administrative examination.

Article 33, in violation of article 4, paragraph 3, provides that temporary bodies, proceedings coordinating bodies and work-sectors established at all levels of the people's government, dispatch agencies develop normative documents that are criticized by the same-level people's Government or by their competent authorities, which have adverse impacts or serious consequences, are subject to administrative disposition by their competent authorities or by the inspectorate in respect of the persons responsible.

Article 31, in violation of article 9, paragraph 1, of this provision, establishes administrative penalties, administrative coercion, administrative licences, etc. in normative documents that are subject to administrative disposition by their competent authorities or by the inspectorate in respect of persons responsible.

Article 32, in violation of article 5 and article 9 of the present article, establishes organs that are not subject to revision and repeal as required, is criticized by the relevant review body for the responsibility unit; and administrative disposition by their competent authorities or the inspectorate in respect of the responsible person in question is governed by the law.

Chapter V

Article 33 The normative document-making body may establish the application rules in accordance with this provision.

Article 34, paragraph 1, of the present article is implemented effective 1 August 2010.