(Adopted by the Government of the Shanghai City on 11 January 2010 at its 67th ordinary meeting, held on 1 May 2010)

Chapter I General

Article 1

In order to regulate the development and documentation of the city's administrative normative documents, to strengthen the monitoring of administrative normative documents, to preserve the rule of law and to promote the rule of law, and to establish this provision in line with the laws, regulations, regulations and regulations, such as the People's Congress and the Local Government of the People's Republic of China, the Regulations and Rules and the Regulations Reserve Regulations.

Article 2 (Definition)

The administrative normative documents referred to in this provision (hereinafter referred to as normative documents) refer to documents that may be applied repeatedly within a certain period of time, in addition to the Government's regulations, in accordance with the legislative authority or the legislative, regulatory and regulatory mandates relating to the rights, obligations and obligations of citizens, legal persons or other organizations.

Article 3

This provision applies to the development, documentation and the management of normative documents in the city.

The request for normative documents developed by the Government of the city is implemented in accordance with the relevant provisions of the State.

Article 4 (Principles)

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

(i) In accordance with the legislative authority and procedures;

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

(iii) Guarantee public orderly participation;

(iv) Ensure that content is legitimate, reasonable and feasible.

The desk review of normative documents should be made available, necessary and necessary.

Article 5 (Work sector)

The Executive Office of the People's Government (rooms) is guided by normative documentation within the framework of the city, district (zone) and local councils, in accordance with the relevant provisions of the State and the city. The Office of the People's Government Department of Work is responsible for coordinating the drafting, formulation and reporting of normative documents in this sector.

The Office of the People's Rule of Law of the City, Region (Parliament) is responsible for the legal review of the normative documents of the current people's Government, as well as for the review of the normative documents sent to the Government of the people at this level. The rule of law institutions in the work of the Government of the urban, district and subdistricts assume the legal review of normative documents drafted in this sector.

The Government of the town (communication) is responsible for the development and delivery of normative documents of this organ.

Chapter II

Article 6

The following administrative bodies may formulate normative documents:

(i) The Government of the people of the city, district (zone) and town (community);

(ii) The Government's work;

(iii) The government of the urban population, which is mandated by law, regulations and regulations, is dispatched to the executive branch.

Article 7

The name of normative documents, generally referred to as “the provision”, “The approach”, “rules”, “decisions”, “please”. In order to implement the legal, regulatory, regulatory and normative documents of the superior administrative organs, the name of which is the phrase “implementation”.

Normative documents are generally formulated in the form of provisions. In addition to the complexity of the content, chapters and sections are generally different.

Article 8

Without legal, regulatory and regulatory basis, normative documents shall not create the following:

(i) Administrative licence matters;

(ii) Administrative penalties;

(iii) Administrative coercive measures;

(iv) Administrative charges;

(v) Approval of non-administrative licences;

(vi) Increase other matters relating to the property burden of citizens, legal persons or other organizations;

(vii) Other matters provided by law, regulations, regulations or superior administrative bodies.

The content of the normative documents of the Government of the city is not subject to the limitations set out in subparagraphs (iv), (v) and (vi)).

Nor may the obligation of citizens, legal persons or other organizations be limited to the rights of citizens, legal persons or other organizations, as specified in the laws, regulations and regulations.

Article 9

The executive organs with normative documentation (hereinafter referred to as the design body) may decide to develop relevant normative documents, based on the recommendations of the following bodies:

(i) The work of this body or the next level of the people's Government;

(ii) The rule of law organs of this organ or other working bodies;

(iii) Organizations that fall under the law, regulations and regulations of the head of the organ that authorize the administration.

A body may also conduct research on the development of relevant normative documents, based on the views of citizens, legal persons or other organizations.

Legal, regulatory and regulatory provisions stipulate that normative documents should be developed in a timely manner, in accordance with the time frame. There are no time frames, but they directly affect the implementation of laws, regulations, regulations and regulations, and institutions should generally decide to develop normative documents within six months of the adoption of laws, regulations and regulations.

Article 10 (Organizational drafting)

Normative documents should generally be drafted by the development body.

In the drafting of normative documents by the commune and district (zone) people's government organizations, it may be determined that they are specifically responsible for drafting by one or several of their working sectors, or that they are specifically responsible for drafting them by their rule of law institutions.

The content of normative documents relates to two or more sectoral mandates, which should be co-drafted by two or more sectors; joint drafting should be hosted by one sector and other sectors.

Article 11

The drafting of normative documents should conduct a study on the need and feasibility of the development of normative documents, as well as on the current state of the social management area covered by normative documents, issues to be addressed, key policies, measures or the legitimacy and legitimacy of systems to be established.

Article 12 (Option of views)

In addition to the provisions of article 21, the drafting of normative documents should be followed by views of the relevant organs, organizations and management of the relative or expert; the drafting of normative documents by the People's Government and its working sectors should generally be heard by the relevant municipal authorities.

The drafting sector listens to views, and should generally be consulted in writing, including through the consultation of the relevant units, the convening of a colloquium, and other means, such as the holding of a warrant, hearing and public consultation of the public.

Article 13

In one of the following cases, the drafting of normative documents could organize the expert's symposium:

(i) The legitimacy, necessity or feasibility of developing normative documents would require further evidence;

(ii) The professional and technical nature of the content;

(iii) The scientific, operational and operational nature of policies, measures or systems to be established;

(iv) It may lead to greater financial inputs or increased social costs that require cost-benefit analysis;

(v) The drafting sector considers necessary.

Article 14.

A hearing may be organized when drafting normative documents:

(i) Directly involve the interests of citizens, legal persons or other organizations, and there are significant differences among stakeholders;

(ii) There are significant differences in the public interest;

(iii) The drafting sector considers necessary.

The drafting sector organizes hearings, which should be published in advance, at the time, place, subject matter, and identify the participants in the hearings in accordance with the principles of openness, equity and justice. The hearings were chaired by the rule of law institutions in the drafting sector or by designated institutions.

Article 15

The drafting of normative documents involves a major public interest or directly related to the interests of the majority of citizens, legal persons or other organizations in the region, and the draft normative document can be made public and consulted.

The draft normative document openly consulted the public opinion, and the drafting sector should publish the draft normative document either through the Government website of the organ or by other public-friendly means. The time period for the consultation was generally not less than 15 days from the date of the announcement; there was a special case and the time period for the consultation could be shortened, but not less than 7 days.

Article 16

Civil, legal or other organizations have made observations and recommendations on the content of the draft normative document, which should be addressed by the drafting sector and set out in the drafting note.

The drafting sector should be coordinated by the relevant bodies with respect to the content of the draft normative documents; coordination is incomplete, reporting on the coordination or decision of the superior administrative body.

Coordination and treatment of important disagreements should be reflected in the drafting note.

Article 17

The following materials should be made available in the drafting sector through the publication of normative documents by the Governments of the city or area (the district).

(i) Request for issuance;

(ii) Draft normative document;

(iii) Drafting notes on normative documents;

(iv) Legal, regulatory, and national policies based on the drafting of normative documents, as well as orders, decisions of superior administrative bodies (hereinafter referred to as the basis for the formulation of the following);

(v) Relevant material for consultation;

(vi) Other relevant information.

The issuance of normative documents by other development bodies requires the drafting sector to provide relevant material, taking into account the above-mentioned provisions.

Article 18

In addition to the specific responsibility of the rule of law institutions established by the body concerned with the drafting of normative documents, as well as the provisions of article 21 of this provision, the Executive Office (room) of the organ in which the publication of the material requested should be referred to the rule of law organs of the enacting body.

The legal review includes, inter alia, the following:

(i) Will be a normative document;

(ii) Does not go beyond the scope of the legislative authority or legislative, regulatory and regulatory mandates of the organs;

(iii) Are incompatible with the laws, regulations, regulations and national and local policies;

(iv) Does not violate the prohibition provisions of article 8 of this article;

(v) Whether the procedure for hearing opinions in accordance with article 12 of the present article is in place;

(vi) Does conflict with the relevant normative documents;

(vii) Other needs to be reviewed.

The review of the rule of law institutions should be made in writing.

Article 19

The draft normative document was one of the following cases where the organ could return it to the drafting sector, or would require a change in the drafting sector and a restatement of the following:

(i) The basic conditions established are not ripe;

(ii) The existence of greater problems in the legal review;

(iii) No relevant material is provided in accordance with article 17 of this provision;

(iv) The relevant organs have important differences and reasons for the content of the draft.

Article 20

In addition to the provisions contained in article 21, the draft normative document is based on the following provisions for the consideration of decisions by the relevant organs of the development body:

(i) The normative documents of the Government of the city concerned important matters and were submitted for consideration by the Standing Committee of the Municipal Government in accordance with the procedures;

(ii) The normative documents of the People's Government of the District (Parliament) for consideration by the Standing Committee of the People's Government of the Region (Parea);

(iii) Other normative documents submitted for consideration by the development of office.

The drafting sector should submit draft normative documents and drafting notes to the relevant bodies. The drafting note should contain elements such as the need for development, the feasibility, the hearing of views in the formulation process, and the outcome of the coordination of important divergent views. The rule of law institutions have legal advice and should be submitted simultaneously.

Article 21

In one of the following cases, the procedures established under articles 12, 18 and 20 of the present article could be simplified with the approval of the holder of the design body:

(i) To ensure national security, economic security, social stability and other major public interest in the prevention, response and disposal of sudden events such as natural disasters, accidents, public health incidents and social security, and the immediate development and implementation of normative documents;

(ii) Execution of emergency orders and decisions by superior administrative bodies and the need for immediate development and implementation of normative documents;

(iii) Interim measures requiring immediate implementation;

(iv) Authorize the regular adjustment and publication of standards in accordance with laws, regulations and regulations;

(v) There is a need to simplify other conditions in the process.

In accordance with the preceding paragraph, the Executive Office (room) of the organ(s) may, if necessary, seek the views of the rule of law institutions in which the body is drawn up.

Article 22

Normative documents should generally be issued by the main heads of the design body.

The publication of normative documents should generally contain elements such as the formulation of organs, books, names of documents, the date of publication and the date of implementation.

Article 23 (publication)

Nor should normative documents be made available to society by the designating body; they should not be used as a basis for the administration.

Normative documents should be made available on the designated government website of the organ and can be made available through media such as newspapers, magazines, radio, television.

Normative documents of the Government of the city and district (zone) should be published in the same Government communiqué; conditionality and normative documents of other development bodies could also be published in the Government's bulletin. The text of normative documents published in the Government's bulletin is the standard text; normative documents that have not been published in the Government's bulletins have been developed and the official paper delivered by the organ to the national archives of the city or area (the district) and the public libraries is the standard text.

Article 24

A body should clarify the date of implementation of normative documents. Normative documents have been carried out after 30 days of the date of publication, but there are cases referred to in article 21, subparagraph (i), subparagraph (ii), subparagraph (iii), or if they are not immediately followed by laws, regulations, regulations and national policy implementation.

Article 25

The right to interpret normative documents is exercised by the designating body.

Article 26

The organs should provide for an effective period of time for normative documents; the expiry of an effective period of time and the automatic failure of normative documents. The effective period of the normative document is generally not more than five years from the date of operation; more than five years, the designating body should set the grounds in the drafting note. There was no clear period of effectiveness, with an effective period of five years.

The name of the normative document is “release”, which is generally not more than one year from the date of operation; it is not clear for an effective period of one year. The name of the normative document is “provisional”, “a pilot”, with an effective period not exceeding 2 years from the date of operation; it is not clear for an effective period of two years.

Article 27 (assessment system)

The city has established a normative documentation assessment system.

A normative document development body or a review body may decide to conduct a normative document assessment based on actual needs. Normative documents need to be continued after the expiry of the effective period, and should be assessed six months prior to the expiration of the document.

The assessment of normative documents can be carried out by its drafting sector or by the implementing agency and may entrust third-party agencies with specific responsibility. The assessment report should indicate whether normative documentation needs to be revised or continued. The revised normative document, which is expected to continue to be implemented or modified after the expiry of the period of effectiveness, shall be submitted by the drafting sector or the executive body to the development body by one month prior to the expiration of the document, to be re-issued by the designating body in the light of the relevant procedures set out in the present article.

The Office of the People's Rule of Law of the Municipal, District and District shall provide the same-level people with recommendations for an assessment of the relevant normative documents they have developed.

Article 28 (Removal system)

The city has established a normative document clean-up system. All-market-wide normative document clean-up is deployed by the Government's Office for the Rule of Law.

One of the following cases is the timely organization of the clean-up of relevant normative documents by the development body or by the drafting sector:

(i) Be inconsistent with or unfounded with the provisions of laws, regulations, regulations and national policies due to adjustments, repeals;

(ii) Unlike the provisions of new legislation, regulations, and national policies;

(iii) Adjustment targets are not available;

(iv) Contrary to relevant normative documents;

(v) Including inappropriate elements such as local protection, industrial protection;

(vi) Failure to adapt to economic and social development needs;

(vii) The requirement for a change in Government functions is inconsistent.

The legal review should be carried out by the rule of law institutions in which the normative document is cleared.

Following the clean-up of normative documents, the development body should make the list of normative documents to be decided to repeal, invalidate.

Article 29

The establishment of organs shall be subject to written proposals made by citizens, legal persons or other organizations for normative documents. It was verified that normative documents were problematic and the designating authority should be redirected or withdrawn.

Submitted by normative documents

Article 31 (Support time frame and means of submission)

The development organs shall send the normative documents to the list within 15 working days from the date of publication of normative documents, in accordance with the following provisions:

(i) The Government of the People's Government, the Ministry of Work of the People's Government, the normative documentation developed by the Government of the city's government dispatch agencies;

(ii) The Government of the town (communes), the communes (at the district) and the people's government's work sector, has developed normative documentation reports.

Two or more administrative bodies have jointly issued normative documents, which are sent by the host executive body in accordance with the preceding paragraph.

The city has progressively established an e-renewable system to improve the efficiency of the work of the normative documentation file.

Article 31

Normative documents sent to the municipality or to the Government of the People's Republic (Parliament) are sent directly to the municipality or to the Office of the Rule of Law of the People's Government (hereinafter referred to as the rule of law).

The following materials should be submitted when the normative document is sent:

(i) One report on the normative documentation reserve;

(ii) Five formal versions of normative documents (one attached to electronic texts);

(iii) A drafting note on normative documents;

(iv) The development of a list of the normative documents;

(v) One of the legal advice provided under article 18 of this provision.

The report on the normative documentation should contain elements such as the status, publication and publication of normative documents considered by the Conference. The development of normative documents, in accordance with article 21 of the present article, of a simplified procedure, or from the date of publication of the communication, shall also indicate the reasons in the report.

Article 32 (registration)

The normative documentation of the submission is in compliance with the provisions of Articles 2, 31 and 31 of this provision, and the rule of law is registered.

The material submitted in the file is not a normative document referred to in article 2 of the present article or is not in accordance with the means specified in article 33 of the present article, and the Office of the Rule of Law does not register the material back and explains the grounds.

The material submitted in the file was not in accordance with article 31 of the present article, and the Office of the Rule of Law should inform the development body of the material to be added within five working days; it was subsequently in compliance with the provisions.

Article 33 (Reviews)

The Office of the Rule of Law shall review the following matters concerning the normative documentation of the submission:

(i) The content of the legal review provided for in article 18 of this article;

(ii) In conformity with the procedure set out in article 18, article 20, and article 22;

(iii) In conformity with the form of publication under article 22 of the present article;

(iv) Will be made public in accordance with article 23 of this provision;

(v) The application of a simplified process of preparation, or the execution of a period not exceeding 30 days from the date of publication, is in compliance with the relevant provisions of this provision.

Article 34 (Option of views and supplementary notes)

In reviewing normative documents, the Office of the Rule of Law considered the need for the relevant government departments to assist in the review and submission of views, which should be answered within the prescribed time frame; the need for additional institutional clarifications and the formulation of organs should be explained within the time frame.

Article XV (Expert advice)

The normative document of the submission is technical, professional and more specialized, and the Office of the Rule of Law may consult experts, professional organizations in the relevant areas, including through the convening of a warrant and written requests.

Article XVI (Cessation of review)

In the course of the normative review, there are one of the following cases in which the Office of the Rule of Law may suspend the review and, in writing, inform the competent organ:

(i) Laws, regulations, regulations or existing policies in the city as normative documents are being developed, modified, repealed and may be issued in the near future;

(ii) There is a contradiction between the relevant normative documents and is being coordinated;

(iii) The decision of the organs to modify normative documents themselves;

(iv) Other cases requiring suspension.

The reasons for the suspension of the review should be restored. As a result of the suspension of the review in the circumstances indicated in subparagraph (iii) of the previous paragraph, the duration of the review was generally not exceeding 60 days. The time for the suspension of the review was not taken into account in the time period for the review of normative documents.

Article 37 (Option of review)

In the course of the normative document review, there are one of the following cases in which the Office of the Rule of Law should terminate the review and inform the competent organ in writing:

(i) A normative document was repealed by the designating body;

(ii) Normative documents are altered or withdrawn by other competent organs;

(iii) Other cases requiring termination of the review.

Article 338 (Review of the outcome)

After the review of normative documents by the Office of the Rule of Law, the following provisions should be addressed:

(i) The failure to detect the existence of criminal and manifestly unjustifiable documents and the granting of a request;

(ii) The absence of a finding of a violation of normative documents, but there is a reasonable or drafting error that requires the attention of the development body, the granting of a request and the accompanying rule of law recommendations;

(iii) There are one of the following cases in which normative documents are not available, and requests for the establishment of an institutional time frame, repeal or cessation of the implementation of the normative document component and the rule of law recommendations of all content:

Excluding the establishment of the legislative authority or the scope of legal, regulatory and regulatory mandates;

Contrary to laws, regulations, regulations, national or municipal policies;

Violations of article 8 prohibitive provisions;

It is clear that there is no reasonableness.

(iv) The process for the development of normative documents, the form of publication incompatible with the relevant provisions of this provision, and the possibility of requesting the establishment of organs to put an end to the implementation of the normative document, the time frame and the re-issuing of the rule of law recommendations.

Article 39

The Office of the Rule of Law shall notify the author of the views of the review of normative documents within 30 days of the date of registration. The duration of the review may be extended by the head of the Rule of Law, with the consent of the head of the Office of the Rule of Law, with the need for advice, supplementary notes, expert advice or other special circumstances, and the extension period shall not exceed 30 days.

Article 40

In the case referred to in article 38, subparagraph (iii), subparagraph (iv), the establishment of organs shall, from the date of receipt of the rule of law recommendations of the Office of the Rule of Law, be completed within the prescribed time period, the cessation of implementation, the conversion or repeal of normative documents and the written report on the rule of law.

By refusing to implement or delay the implementation of the rule of law recommendations in accordance with the preceding paragraph, the Office of the Rule of Law may report on decisions taken by the Government of the people of the city or region (the district) to change or withdraw the normative document.

It should be implemented immediately and in writing to report on implementation in the same way as the Government's rule of law.

Article 40

The Office of the Rule of Law has received written advice from citizens, legal persons or other organizations on normative documents, which should be verified and found to be incomplete or problematic, and should be addressed in accordance with the relevant provisions of this provision.

Article 42

The Office of the Rule of Law should, through the Government's website and the Government's bulletin, regularly provide a directory of normative documents granted to the filing.

The decision of the commune or district (the district) people's Government to make changes and withdraw normative documents should be made available to society in a timely manner through Government websites and government bulletins.

Chapter IV

Article 43

The development and documentation of normative documents should be included in the performance appraisal of the executive and its staff.

Article 44

The organs should send the directory of normative documents developed by this body in the previous year to the Rule of Law Office by 20 January.

The Executive Office of the People's Government (rooms) and the Office of the Rule of Law oversee the development and documentation of normative documents, promote the timely implementation of the relevant decisions of the Government of the city, the district (zone) and the rule of law recommendations of the Office of the Rule of Law, and identify the need for the preparation of the institutional deadline for the completion of the presentation of normative documents that should be submitted.

Article 42 (Assessment of annual reports and briefings)

In January, the Office of the Rule of Law should make annual reports to the current Government on the review of the preparation of the previous year's normative documents, accompanied by the Government's rule of law.

The Office of the Rule of Law should conduct regular briefings on the review of normative documents.

Article 46

In violation of this provision, one of the following cases is communicated by the Government of the city, the District (Paraguay) or by the Rule of Law; in the event of serious and negative consequences, by the competent authorities to take administrative action in accordance with the law:

(i) Not to be sent or without the timely issuance of the normative document or a directory, which is still incomplete;

(ii) Sustain or reject the implementation of the relevant decisions of the municipal, district and district governments or the rule of law recommendations.

The Office of the Rule of Law has received no review of the normative document or no corrective action on the issues identified in the review, which is being redirected or communicated by the Government of the city or region (the district) and the Government of the people responsible for the period of time; in the event of serious, negative consequences, the executive disposition of persons and other direct responsibilities by the competent department.

Chapter V

Article 47

This provision pre-implementes and continues to be effective in the application of the provisions of article 26, which provides for calculations from the date of application of this provision.

The executive organs should clean up the normative documents set out in the preceding paragraph in their effective periods and, after clearance, the list of normative documents that have been decided to repeal and invalidate should be made public to society. Specific programmes are developed by the Ministry of the Rule of Law of the People's Government, which is being implemented by the reunification organization, with the consent of the Government of the city.

Article 48

Other organizations that have developed normative documents in accordance with legislative, regulatory or regulatory mandates, their normative documents are developed and submitted and are implemented in accordance with this provision.

A body has been developed to modify and repeal normative documents, taking into account this provision.

Article 49

This provision has been implemented effective 1 May 2010. The provisions on the development and documentation of administrative normative documents in Shanghai City, issued by the Government of the people on 28 December 2003, were also repealed.