Shanghai Administrative Normative Documents And Filing Requirements

Original Language Title: 上海市行政规范性文件制定和备案规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201006/20100600256424.shtml

Shanghai administrative normative documents and filing requirements

    (Shanghai Municipal People's Government on January 11, 2010 67th Executive meeting January 19, 2010 Shanghai Municipal People's Government promulgated as of May 1, 2010, 26th) Chapter I General provisions

    Article I (purpose and basis)

    In order to standardize the administrative normative documents developed in the city, and for the record, strengthen the supervision and management of administrative normative documents, maintain the uniformity of the legal system, promoting administration according to law, in accordance with the People's Republic of China local people's congresses and organic law of the local people's Governments at various levels, the regulatory procedure regulations and the Archivist filing of regulations and laws, and regulations, combined with the city's actual, these provisions are formulated.

    Article II (definitions)

    Administrative standard documents in these rules (hereinafter referred to as normative documents), is subject to government regulations, administrative organs in accordance with the statutory terms of reference, or laws, regulations, regulations mandated by the citizens, legal person or other organization rights, obligations, generally binding, in a file can be used repeatedly within a certain period.

    Article III (scope of application)

    Development of normative documents in this city, record-keeping, supervision and management, these provisions shall apply.

    Regulatory documents established by the municipal people's Government for the record, according to relevant regulations of the State.

    Fourth (principle)

    Development of normative documents, it should be guided by the following principles:

    (A) in accordance with statutory authority and procedures;

    (B) maintain the uniformity of the legal system and Government decrees;

    (C) the protection and orderly participation of the public;

    (D) to ensure that content is lawful, reasonable and feasible.

    Record review of normative documents, shall be required, and there is a prepared instance and the mistakes must be corrected.

    The fifth section (Department) Municipal, district (County) people's Government Office (room) related document processing, according to State and city regulations to guide municipal, district (County) within the scope of normative documents and filing work.

    Municipal, district (County) Government offices are responsible for the drafting and coordination of normative document drafted and submitted for the record. Municipal, district (County), Legislative Affairs Office of the people's Governments at the corresponding level of normative documents of legal review and submit the record of the people's Governments at the corresponding level of normative documents for the record review.

    Municipal, district (County) of rule of law institutions in the Government sector this sector drafted, the standard of the legal review.

    The town (town) people's Government shall be responsible for the development of normative documents and submit for the record.

    Chapter II establishment of normative documents

    The sixth section (primary)

    The following authorities to develop normative documents:

    (A) municipal, district (County) and the town (town) people's Government;

    (B) municipal, district (County) Government departments;

    (C) according to the laws, rules and regulations authorized the administration of the Agency of the municipal government.

    Seventh (name and style) Name of the normative documents, generally called "rules", "way", "rule", "decisions" and "notices" and so on.

    Where the content for the implementation of laws, regulations and rules and the higher administrative authorities of normative documents, which names former General known as "implementing" two words. Normative document provisions for general form.

    Apart from the complex, and are generally not divided into chapters and sections.

    Eighth (not set)

    Not according to the laws, rules, regulations, regulatory documents shall not be set the following:

    (A) the administrative licensing items;

    (B) matters of administrative penalties;

    (C) the compulsory administrative measures;

    (D) matters of administrative charges;

    (E) the non-approval of an administrative license;

    (F) the increased burdens of property of citizens, legal persons or other organizations other matters;

    (VII) should be determined by law, regulations, rules or other administrative authorities.

    Municipal regulatory document content from the preceding paragraph (d), (e) and (f) subject to the provisions of.

    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 restrict the rights of citizens, legal persons or other organizations.

    Nineth (recommendations and start)

    There is administrative authority of normative documents (hereinafter referred to as the enacting body) according to the following recommendation of the Agency, decided to prepare related documents:

    (A) the work of this body or the lower level people's Government;

    (B) the work of the organs of legal institutions or other institutions;

    (C) belongs to the body in charge of laws and regulations, regulations authorized the administration of the organization.

    Development of organs in accordance with the views of citizens, legal persons or other organizations, on developing relevant normative documents on the project research. Developing normative documents required by laws, rules and regulations, the enacting body shall according to the provisions of the terms, the timely development of normative documents.

    No deadline to make, but directly affect the implementation of the laws, regulations and rules, enacting body shall generally be in laws, rules and regulations within 6 months after the decision adopted by the development of normative documents.

    Tenth (drafting)

    Normative documents should be drafted by the developing organization.

    Municipal, district (County) Government organizations when drafting normative documents, can be determined by one or several of its departments responsible for drafting, can also be identified by their institutions specifically responsible for the drafting of the legal system.

    Normative documents covering two or more sector terms of reference should be drafted jointly by two or more departments; jointly drafted, should be organised by the Department and other departments.

    11th (research)

    Drafting normative documents, should study the feasibility and necessity of development of normative documents and normative documents relates to the social management field status, to solve problems, plans to create a major policies, measures or research demonstrates the legality and rationality of the system content.

    12th (comments)

    Except as provided in this article 21st, drafting of regulatory documents, drafting departments shall listen to the relevant organs, organizations and management or expert opinions, in which area (s) people's Governments and their departments to draft normative documents, should listen to the views of the relevant authorities.

    Drafting Department listen to related units should generally be written request for opinion, held seminars and other means and can be tailored to real needs, feasibility study meeting, held hearings and consult the views of the public in other ways.

    13th (feasibility study meeting)

    Any of the following circumstances, drafting of regulatory documents can have relevant expert feasibility study meeting held:

    (A) the development of normative documents of legality, necessity or feasibility require further demonstration;

    (B) relates to professional and technical;

    (C) plans to create a system of policies, measures, or scientific, operational needs further proof;

    (D) may result in large financial investment or increase social costs, you need to conduct a cost-benefit analysis;

    (E) the drafting Department deems it necessary.

    14th (hearing)

    Any of the following circumstances, can organize hearings draft normative documents:

    (A) directly related to the vital interests of citizens, legal persons or other organizations and stakeholders there are significant differences;

    (B) involving significant public interests, there are significant differences;

    (C) Drafting Department deems it necessary. Drafting departments held hearings should be announced in advance the time and place of the hearing, issues, and in accordance with the principles of openness, fairness and justice to determine participants in the hearing.

    Hearings by the drafting of the legal organization of the Department or agency designated by a Chair.

    15th (consult the public opinion)

    Drafting normative documents involving significant public interests, or directly involved within the jurisdiction of most citizens, legal persons or other organizations vital interests, draft regulatory documents to the public, and public consultation. Consult the views of the public on the draft normative documents, drafting of the sector through the Government website, or other public way to release the draft regulatory documents.

    Comment period from the date of notice not later than 15th; there are special circumstances, public comment period can be shortened, but the shortest less than 7th.

    16th (handling and coordination of views)

    Citizens, legal persons or other organizations to comment on the draft regulatory documents and recommendations, drafting departments should be studied, and stated in the drafting instructions.

    Relevant organs of the content of the draft regulatory documents for the major disagreements, drafting Department coordination coordination fails, the coordination of report to the higher administrative authority or decision.

    Coordination and handling of major differences of opinion, it should be stated in the drafting instructions.

    17th (submitted to the published material)

    Report it to the municipal or district (County) Government published normative documents, drafting departments should provide the following materials:

    (A) report to the published instructions;

    (B) draft normative documents;

    (C) the drafting of regulatory documents description;

    (D) drafting of normative documents on the basis of laws, rules, regulations and national policies, orders, decisions of higher administrative authorities (hereinafter referred to as basis);

    (E) to seek the views of relevant material;

    (F) other relevant information.

    Enacting body needs to draw up sector related material published normative documents, reference to the provisions of the preceding paragraph.

    18th (legal review)

    Besides by the enacting body's rule of law institutions specifically responsible for the drafting of normative documents and 21st of these rules otherwise provides, the enacting body's Office (room) should be reported to the release of material to the legal organization of the enacting body to legal review.

    Legal audit include the following:

    (A) whether normative documents;

    (B) beyond the enacting body the statutory terms of reference or mandate of the laws, regulations and rules;

    (C) with the laws, rules and regulations, as well as State and municipal policy conflict;

    (D) whether the violation of the provisions of the eighth the prohibitive provisions of article;

    (E) in accordance with the provisions of the present article 12th after listening to opinions of the program;

    (F) whether normative documents and related conflicts;

    (VII) other contents need to be audited.

    Legal audit observations should be made in writing.

    19th (processed)

    Draft regulatory documents, one of the following circumstances, the enacting body it can be returned to the drafting of the sector, or require the drafting amendment materials Department and then submitted to the release:

    (A) establish the basic conditions are not mature;

    (B) legal review found there is a big problem;

    (C) provide relevant material not complying with the provisions of this article 17th;

    (D) the authorities concerned have major differences on the content of the draft opinion and reason more fully.

    20th (related consideration of decisions)

    Except as provided in this article 21st, draft normative document according to the following provisions of the enacting body the relevant meeting decision:

    (A) the municipal normative documents related to matters of significance, in accordance with the relevant procedure submitted to the Municipal Executive Council;

    (B) the district (County) Government regulatory documents, presented to the district (County) consideration by the Standing Committee;

    (Iii) other normative documents considered by the Development Office. Drafting Department draft regulatory documents shall be submitted to the relevant meetings of the enacting body and drafting instructions. Draft should indicate the necessity and feasibility of establishment, formulation process hearings, significant differences of opinion coordination results and so on.

    Legal opinion of legal institutions, should be submitted together.

    21st (simplified procedures)

    Any of the following circumstances, approved by the heads of the enacting body, you can simplify the requirements for the 12th, 18th, 20th, establish procedures provided for in article:

    (A) prevention, response and handling of natural disasters, accidents, public health incidents and social safety incidents, emergencies, protection of national security, economic security, social stability, and other major public interest and requires immediate formulation and implementation of normative documents;

    (B) implementation of the higher administrative authority of emergency orders and decisions, requiring immediate formulation and implementation of normative documents;

    (C) require immediate execution of provisional measures;

    (D) according to the laws, rules and regulations authorize routine adjustments and published standards;

    (E) the need to simplify the procedures in other circumstances.

    In accordance with the provisions of the preceding paragraph to simplify procedures, the enacting body's Office (room) if necessary, on relevant issues at the same time seeking the views of the legal organization of the enacting body.

    22nd article (publishing)

    Regulatory documents shall generally be signed by the enacting body in charge of publishing.

    Publishing normative documents, and shall set forth the enactment organ, the number, file name, date of publication and the effective date, and so on.

    23rd (published)

    Regulatory documents shall be determined by the enacting body to the public; not released to public, not as the basis for Administration.

    Regulatory documents shall be specified by the enacting body posted on a Government Web site, also by newspapers, magazines, radio, television and other news media reported. Municipal, district (County) Government regulatory documents shall be published in the Official Gazette of the same; conditional and other normative documents of the enacting body can also be published in the Government Gazette.

    Normative documents of the Official Gazette published texts for standard texts; regulatory documents that are not published in the Official Gazette, the enacting body to the municipal or district (County), official paper of the national archives, public libraries provide the text for the standard version.

    24th (date) Commencement dates of the enacting body shall clear normative documents.

    Normative documents implemented since the release date of 30th, but the article 21st (a), (b), (c) the circumstances listed, or release immediately after the execution could affect laws, rules, regulations and except for the implementation of the national policy.

    25th (power)

    Interpretation of normative documents, exercised by the enacting body.

    26th (valid system) Validity of the enacting body should provide normative documents; expiry of normative documents automatically invalidated. Standard documents validity period of not more than 5 years from the date of implementation of the General needs for over 5 years, the enacting body shall set forth the grounds in the drafting instructions.

    Not clearly valid, it is valid for 5 years. Name of the normative documents for "notification", valid for not more than 1 year from the date of implementation of the General is not clearly valid, it is valid for 1 year.

    Name of the normative documents as "provisional", "pilot", valid for not more than 2 years from the effective date is not clearly valid, which is valid for 2 years.

    27th (evaluation)

    Establishing evaluation system of normative documents in this city. Normative documents development authority or for the record review authority may, based on actual needs, decided to make a normative document evaluation.

    Normative documents need to be continued after the expiry of the validity period, it should be evaluated in the 6 months before the expiry date of the document. Evaluation of normative documents may be drafted by the Department or organ tissue and may entrust third parties specific commitment. Assess whether the report should be made normative documents need to be modified or continued implementation of the views.

    Normative documents are assessed to be continued after the expiry of the validity period implemented or continued after the modification, the drafting Department or organ in the 1 month before the expiry date of the document should be made to the enacting body, specified by the enacting body in the light of the relevant procedure to republish.

    Municipal, district (County) of Legal Affairs Office of the people's Government should be once every six months, the people's Government at the proposal of its assessment of the relevant normative documents.

    28th (clean system) Establishment of a normative document clearing system in this city.

    Normative documents of the citywide cleanup deployment by the municipal legal Affairs Office of the people's Government of unity.

    Any of the following circumstances, by the enacting body or specify its drafting departments organized to clean up related normative documents:

    (A) laws, regulations and rules and national policy adjustments, repealed, instead of inconsistent or missing on the basis of;

    (B) with the new laws, rules, regulations and national policies are inconsistent;

    (C) the object no longer exists;

    (D) conflict and related normative documents;

    (E) contain inappropriate content such as local protectionism, trade protection;

    (Vi) do not meet the needs of economic and social development;

    (VII) not consistent with the requirements of the transformation of government functions.

    Normative document cleanup after the formation of legal institutions shall be formulated by the authorities for legal review.

    Normative document clearance and the enacting body decisions should be repealed, failure of regulatory documents to the public.

    29th (the enacting body's handling of proposals) The enacting body receiving citizens, legal persons or other organizations written recommendations for regulatory documents shall be verified.

    Verified normative documents found there is a problem, the enacting body shall itself or even cancel.

    Chapter III of normative documents for the record

    30th (reporting time frames and ways)

    Normative document drafted authority shall, within 15 working days from the date of issue, normative documents submitted for the record in accordance with the following provisions:

    (A) the district (County) Government, municipal government departments, municipal agencies to develop normative documents submitted to the municipal people's Government for the record;

    (B) town (Township) Government, district (County) of normative documents formulated by the people's Government departments reported to the district (s) people's Government for the record.

    Two or more administrative bodies jointly issued by the normative documents, organized by administrative organs in accordance with the provisions of the preceding paragraph to submit for the record.

    This city through the electronic filing system, improve the efficiency of regulatory documents for the record.

    31st (submitted materials)

    Submitted to the municipal or district (County) Government filed regulatory documents, directly to the municipal or district (County) the Legislative Affairs Office of the people's Government (hereinafter referred to as Legal Affairs Office).

    Normative documents when submitted for the record, shall submit the following materials:

    (A) the normative documents for filing reports of 1;

    (B) the 5 office copy of normative documents (with electronic text 1);

    (C) normative documentation Note 1;

    (D) the list of normative documents according to 1;

    (E) the 18th in accordance with the legal opinion issued under article 1. Regulatory documents filed shall set forth the normative documents by the relevant meeting consideration of reports, publishing and published content.

    Normative documents developed in accordance with the provisions of article 21st simplified procedures, or from the date of publication under the 30th, the execution of, and shall indicate in the record reports the reason.

    32nd (registration)

    Normative documents submitted for the record in accordance with the provisions of article II, 30th and 31st of the rules, Legal Affairs Office to be registered.

    Material submitted for the record not part of normative documents referred to in article II of the rules, or does not comply with the provisions of article 30th record way, Legislative Affairs Office denied registration, material will be returned, and explain the reasons.

    Submit the filed material does not comply with the provisions of article 31st, Legislative Affairs Office shall notify the development office within 5 working days correction material making rectifications in conformity with the provisions for the registration of.

    33rd (review)

    Legal normative documents should be submitted for the record review of the following:

    (A) the contents of the legal review of the provisions of article 18th;

    (B) compliance with the provisions of article 18th, 20th and 22nd procedure provided for in article;

    (C) compliance with the provisions of this article 22nd release form;

    (D) 23rd in accordance with this section, be released;

    (E) application of simplified procedures, or from the date of publication under the 30th that the purposes, compliance with the provisions of this regulation.

    34th (for comments and additional explanations)

    Legislative Affairs Office when examining normative documents, need comments from relevant government departments to assist in the review, and relevant government departments should respond within the prescribed time; supplements need to be developed to explain the situation, describe the enacting body shall, within the prescribed period.

    35th (expert advice)

    Submissions filed regulatory documents technical, highly specialized, Legal Affairs Office can seek advice through feasibility study meeting, written or any other means, to the relevant experts and professional organizations in the field of consultation.

    Article 36th (suspension of examination)

    Normative document review process, any of the following circumstances, Legislative Affairs Office may suspend the review and notify the Development Office:

    (A) as a normative documents according to the law, rules, regulations or national, the city is in the process of enactment, amendment, repeal the current policy, and may be released in the near future;

    (B) the contradiction between the relevant regulatory documents, in the process of being coordinated;

    (C) the enacting body has decided to modify the normative documents;

    (D) other situations that require suspension of examination. Reasons for suspension of examination is eliminated, should resume review. Because of the preceding paragraph (c) suspension of examination of the listed circumstances, suspend the review period does not normally exceed 60 days.

    Suspension of examination review period of time are not included in the regulatory documents.

    37th (termination of reviews)

    Normative document review process, any of the following circumstances, Legislative Affairs Office shall terminate the review and notify the Development Office:

    (A) the normative documents were repealed by the enacting body;

    (B) normative documents by other powerful institutions changed or canceled;

    (C) other circumstances that require review.

    38th (review results)

    Legal normative documents reviewed, it should be dealt with in accordance with the following provisions:

    (A) the normative documents were found illegal and manifestly unfair, granted the record;

    (B) normative documents were found illegal, but rational or words the flaws need attention of the enacting body, granted for the record and relevant legal recommendations;

    (C) normative documents of one of the following circumstances exists, not for the record, and called for the development of Office within a time limit, repeal, or stop the implementation of the normative segment, the entire contents of the file rule proposals:

    1. beyond the enacting body the statutory terms of reference or mandate of the laws, rules and regulations;

    2. laws, regulations, rules, and contradicts the policy of the State or the municipality;

    3. the violation of the provisions of article eighth of prohibitive provisions;

    4. it is manifestly unreasonable.

    (Iv) normative documents program, release form does not comply with the provisions of relevant regulations, no record, and can require the enacting body to stop the implementation of the normative documents, period correct procedures and redistribute the rule proposal.

    39th (recording review time frame) Legislative Affairs Office shall from the date of registration in the 30th, normative documents will be reviewed by written notice to the enacting body.

    Right needed, supplementary description, consult an expert or have other special circumstances, agreed by the head of the Legislative Affairs Office, you can extend the review period; extension of the maximum period of not later than 30th.

    40th (recommendations or decisions on law enforcement)

    The article 38th (c), (d) the circumstances listed, the enacting body shall from the date of receipt of the Legal Affairs Office of legal advice, corrections within the prescribed procedures, stop execution, correct or repeal their own normative documents and written report on the result of Legislative Affairs Office.

    Prior to enactment of refusal in accordance with the regulations or fails to implement the recommendations of legal system, can be reported to the municipal or District Legal Affairs Office (s) people's Government to make a change or cancellation of the decision of the regulatory documents.

    The enacting body received municipal or district (County) shall alter or annul decisions of the normative documents, should be implemented immediately, and the written report on the implementation of Government Legislative Affairs Office at the same level.

    41st (proposed by the public)

    Legislative Affairs Office receives citizens, legal persons or other organizations written recommendations for regulatory documents shall be verified, found regulatory documents are not reported, or there is a problem, should be dealt with in accordance with the provisions of the relevant provisions.

    42nd (Bulletin of record results)

    Legal ban should Government Web site and the Official Gazette and announced to the public on a regular basis to grant regulatory documents of record.

    The municipal or district (County) Government changes, revocation of decisions of regulatory documents, legal ban should Government Web site and the Official Gazette and announced to the public in a timely manner.

    Fourth chapter assessment monitoring and accountability

    43rd (check)

    Normative documents developed and filing administrative organs and their staff shall be included in the performance appraisal.

    44th (supervision)

    The enacting body shall, by January 20 of each year, the organs on a list submitted to the Legislative Affairs Office of the annual development of normative documents for future reference.

    Municipal, district (County) people's Government Office (room) and the Legal Affairs Office to supervise the implementation of normative documents and record checks, urging the development of timely implementation of municipal, district (County) relevant decisions and Legislative Affairs Office of the people's Government of the rule proposals found should be reported without reporting regulatory documents, urging the development of organs within a remedy.

    45th (annual reports and reporting systems)

    Legislative Affairs Office in January each year, normative documents of the previous year's record review of the annual report to the Government and reported to Government at the Legislative Affairs Office.

    Legal review of normative documents record the ban should be regularly informed of the situation.

    46th (accountability)

    Violation of these provisions, any of the following circumstances, the municipal, district (County) Government or legal system give notice of serious, adverse consequence, led by the authorities responsible for the enacting body the persons responsible and other persons directly responsible shall be given administrative sanctions:

    (A) the normative document is not submitted or not submitted on time for the record or catalog for future reference, has not remedy the urge;

    (B) implementation delays or refusal to implement the municipal, district (County) Government decisions or legal office legal advice.

    Legal normative documents before the Office does not review or the review found that the problem is not corrected, by the municipal or district (s) shall inform the rectification or serious, adverse consequence, led by the authorities to have the persons responsible and other persons directly responsible shall be given administrative sanctions.

    The fifth chapter supplementary articles

    47th (processing of existing normative documents)

    Place before these provisions are implemented and are still effective and normative documents, which applies the provisions of article 26th, calculated from the date of implementation of this provision. Administrative authorities of normative documents prescribed in the preceding paragraph should be cleaned up within its validity period, after a cleanup decision repealed, failure of regulatory documents shall be released to the community.

    Specific programme prepared by the Legislative Affairs Office, people's Government, by consent of the municipal organization for the harmonization of the implementation.

    48th (reference)

    In accordance with the law, regulations or rules of other organizations mandated to develop normative documents, development of normative documents and filing, with reference to these provisions.

    Enacting body modifications, abolishing the normative documents, reference to these provisions.

    49th (execution date) These provisions come into force on May 1, 2010. December 28, 2003 issued by the municipal government, the Shanghai Municipal administrative normative documents and filing regulations repealed simultaneously.