Nanchang, Nanchang City People's Government On The Revision Of The Normative Documents And The Filing Decision Approach

Original Language Title: 南昌市人民政府关于修改《南昌市规范性文件制定和备案办法》的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201006/20100600256415.shtml

Nanchang, Nanchang city people's Government on the revision of the normative documents and the filing decision approach

    (November 6, 2009, Nanchang city people's Government, the 46th Executive meeting on November 19, 2009, 135th Nanchang city people's Government announced come into force on the date of promulgation) normative documents, Nanchang municipal people's Government decided to develop and record-keeping method as follows:

    A, the second in the "executive authorities at all levels in this city", add "and authorized by the laws and regulations". Second, seventh for: "development of regulatory documents shall be in accordance with the law, the executive authorities regulations and rules and national provisions relating to policies, provincial, not the illegal creation of administrative license, the administrative punishments, administrative enforcement, administrative fees and other administrative powers, it shall not be unlawful to increase obligation of citizens, legal persons or other organizations.

    ” Third, the addition of an article, as the 26th article: "the right to explain the development of normative documents. Need to explain to normative documents, explained the draft prepared by the enacting body legal agencies, approval by the development authority, in accordance with the provisions of the present article 23rd release. Interpretation of normative documents and normative documents have the same effect.

    ”

    Four, 26th to 27th, and be amended as: "combined implementation of normative documents cleaned regularly and promptly clean up the system.

    "Normative file developed organ should each across two years cleanup once normative file, on not meet legal, and regulations, and regulations provides, or mutual conflict, and according to missing and not adapted economic social development requirements of normative file, especially on contains place protection, and industry protection content of normative file, to be modified or abolition, and to social announced continues to effective, and abolition and failure of normative file directory; not included continues to effective of file directory of normative file, shall not as administration of according to.

    "The situation changes or laws, rules, regulations and policy adjustment of national, provincial, normative documents of the enacting body shall promptly clean up the corresponding normative documents, you need to modify or repeal shall be amended or annulled. "Procedures for modifying, abolishing the normative documents, reference to the provisions of this chapter.

    ”

    Five, 28th to 29th and amended as: "the normative documents published in the 15th, submitted for the record by the enacting body in accordance with the following provisions:

    (A) regulatory documents established by the municipal people's Government to the provincial government and the municipal people's Congress Standing Committee submitted the record;

    (B) the County (district) regulatory documents developed by the people's Government to the municipal people's Government and the County (district), submitted to the Standing Committee of the people's Congress for the record;

    (C) municipal works departments, municipal agencies to develop normative document of submission to the municipal people's Government for the record;

    (D) the township (town) people's Government, the County (district) people's Government departments, County (district) regulatory documents established by the Agency of the people's Government to the County (district) people's Government submitted for the record;

    (E) two or more sectoral normative documents developed jointly, by the sponsoring departments in accordance with this section (c), (d), of the provisions submitted for the record; (F) the laws and regulations organization authorized to submit regulatory documents developed by the people's Governments at the corresponding level for the record.

    ”

    Six, 29th to 30th, the third paragraph is amended as: "submit regulatory documents filed shall be submitted electronic texts of normative documents".

    Seven, 30th, 31st, 33rd, 34th and 39th in the "filing authority legal organization" is amended as "city, County (district) Government legal organization" article 35th, 37th in the "filing authority legal organization" is amended as "city or County (district) Government legal agencies."

    Section eight, 33rd to 34th, paragraph (b) is amended as: "the illegal creation of administrative license, the administrative punishment and administrative compulsory, administrative fees and other matters shall be set by the laws, rules and regulations."

    Ninth, 38th to 39th, one of "his rule of law institutions dealing with" amended to read "city or County (district) Government legal agencies to review proposals, and written replies should be addressed immediately." Ten, 40th to 41st, the addition of two, as in (a), (b): "(a) not in accordance with the provisions of this approach, to publish normative documents, (ii) these measures are not in accordance with the provisions of normative documents on the cleanup.

    ”

    In addition, the part of the text has been modified, the clause order was adjusted accordingly.

    This decision shall come into force as of the date of.

    The Nanchang normative documents and record-keeping procedures be revised according to this decision, republished.

    Attachment: normative documents and filing methods, Nanchang (2009 revision)

    (November 20, 2006 city people's Government, the 117th issue come into force on January 1, 2007 on November 19, 2009 municipal order 135th modifications)

    Chapter I General provisions

    First in order to regulate the behavior of administrative organs of normative documents, strengthen the supervision of regulatory documents, improving the quality of regulatory documents, maintain the uniformity of the legal system, according to the regulations of the State Council procedures regulations, the Archivist filing of regulations and Ordinance requirements, combined with the city's actual, these measures are formulated.

    Normative documents mentioned in these measures refers to article II in addition to municipal regulations, the municipal executive and the laws and regulations authorized by the Organization in accordance with the statutory terms of reference developed and published concerning a citizen, legal person or other organization rights, obligations, and repeatedly applied in a given period, generally binding files.

    Normative documents including normative documents and normative documents of departments of the Government.

    Article III the drafting of regulatory documents, examination, decision, disclosure, filing procedures apply.

    Implement vertical and introduction of normative documents for the record of the executive authorities, in accordance with the relevant provisions of the State and province.

    Article at all levels of the legal system of the Executive agencies or institutions responsible for Legal Affairs (hereinafter referred to as legal bodies), responsible for the concrete normative documents and filing work.

    Chapter II establishment of normative documents

    Fifth administrative organs to carry out administrative or enforcement of laws, rules and regulations, development of normative documents.

    Sixth executive organs and temporary agencies shall not, on behalf of this institution developing normative documents.

    Seventh administrative organs of normative documents shall comply with the laws, rules, regulations and provisions relating to policies at national, provincial, not the illegal creation of administrative license, the administrative punishments, administrative enforcement, administrative fees and other administrative powers, it shall not be unlawful to increase obligation of citizens, legal persons or other organizations.

    Article eighth name of normative documents, generally called approaches, regulations, decisions, rules, circulars and so on.

    Regulatory documents shall be preceded by the title used in the name.

    Normative document provisions for general form.

    Nineth developed regulatory documents shall be in accordance with the project, survey drafting, consultation, coordinate differences, examined and corrected, considered decisions, signed and promulgated procedures.

    Tenth levels of Government of the people's Government departments need to develop regulatory documents shall be submitted to the people's Governments at the corresponding level, and normative document drafted the Government's necessity to solve problems, to be established by a description of the main system, decided by the people's Governments at the corresponding level.

    Government departments at all levels in accordance with the statutory mandate and work needs, decided to establish the Department of normative documents.

    Involving two or more departments on matters of competence, need to be developed jointly by departments of normative documents, joint decisions by the relevant authorities.

    11th government regulatory documents established by the Government of a Department or two or more departments are responsible for drafting.

    Sector normative documents drawn up by the Department agencies.

    Standard sector employing more than two joint documents, can negotiate a Department drafted or drafted by the departments concerned. 12th draft normative documents, drafting departments or agencies shall organize the drafters of in-depth research, sums up the experience, listen to the views of relevant bodies, organizations and citizens.

    Hearings may be in written comments, forums, feasibility study meeting, hearing and other forms.

    13th the relevant organs, organizations and citizens ' comments on draft regulatory documents, drafting departments or agencies should be carefully studied.

    Drafting normative documents related to other Department duties or work closely with other departments, other sectors put forward different opinions, drafting departments or agencies should be fully consulted after adequate consultations cannot agree, when the draft should be submitted for regulatory documents to explain the situation.

    Article 14th after the Government has completed the drafting of regulatory documents, drafting Department Department meetings to discuss normative document draft, and signed by the Chief submitted to the people's Governments at the corresponding level; two or more departments jointly drafted by the drafting departments shall be held in Department meetings to discuss normative document draft, submitted and signed jointly by the Chief of the people's Government.

    15th draft should be submitted to the Government regulatory documents provide the following materials:

    (A) the normative document draft drafting instructions;

    (B) in all its aspects;

    (C) research reports and minutes of meetings;

    (D) drafting of normative documents on the basis of laws, rules, regulations and other documents;

    (V) other materials to be submitted.

    16th Government of normative document draft drafting instructions should include the following:

    (A) the necessity and feasibility of developing;

    (B) according to the laws, rules, regulations and other documents;

    (C) provide the main content, system and measures;

    (D) for comments and adoption;

    (E) coordination of the major differences of opinion;

    (Vi) other caveat.

    17th draft government regulatory documents by government legal agencies reviewed, modified.
Upon completion of the drafting of the departmental normative documents, drafting bodies should timely departmental normative document draft drafting instructions and other related material sent to this Department legal review, and change.

    18th standard document draft one of the following circumstances, legal institution to stride or returned to the drafting Department or agency:

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

    (B) the departments main contents of the draft provisions of normative documents controversy, drafted without consultation with departments or agencies;

    (C) submit the review of material does not comply with the 15th, 16th section.

    19th article legal institutions in review, and modified normative file trial draft process in the, should seriously research the aspects of views, necessary Shi again sought concerned of views; on sector or institutions Zhijian exists of differences views should for coordination, reached consistent views; cannot reached consistent views of, should will problems, and about sector or institutions of views and legal institutions of views reported this level Government or this sector decided. Article 20th draft legal institutions to complete the normative documents reviewed, revised shall form a normative description of the draft documents and draft.

    Description should include the development of regulatory documents to solve key issues, establishing the main measures and coordination with the relevant departments or organizations, and so on.

    Draft regulatory documents and instructions signed by the head of rule of law institutions, provide a report to the people's Governments at the corresponding level or relevant recommendations for consideration by the Conference in this sector.

    21st government regulatory documents shall be considered by the Executive meeting of the the people's Governments at the corresponding level decisions.

    Sector regulatory documents shall be subject to the consideration by the Office's decision.

    Without rule of law institutions review regulatory documents shall not be brought to the Government's Executive meeting or Office meeting.

    22nd legal agencies shall, together with the drafting departments or agencies modify draft normative documents according to the deliberations of the Conference, formed the amended draft and submitted to the head of the people's Governments at the corresponding level, or the major signing.

    Two or more joint development of normative documents, signed by jointly developed by the departments in charge.

    Article 23rd normative documents without delay, through the Government Gazette (political news), Government websites and the news media to the public.

    Normative documents not released to public, not as the basis for Administration. Article 24th regulatory documents shall be implemented since the 30th after the date of its publication.

    However, because of the need to protect national security, public interest, or not implemented could affect regulatory documents to implement immediately after the announcement, may not be limited by the 30th.

    25th due to major events of natural disasters, the protection of public security and vital public interests, implementation of a higher administrative authority of emergency orders and decisions and requires immediate development of normative documents, approved by the head of the people's Governments at the corresponding level, or the Department is mainly to simplify procedures. Article 26th explanation right belongs to the enacting body of normative documents. Need to explain to normative documents, explained the draft prepared by the enacting body legal agencies, approval by the development authority, in accordance with the provisions of the present article 23rd release.

    Interpretation of normative documents and normative documents have the same effect.

    27th combine implementation of normative documents cleaned regularly and promptly clean up the system.

    Normative file developed organ should each across two years cleanup once normative file, on not meet legal, and regulations, and regulations provides, or mutual conflict, and according to missing and not adapted economic social development requirements of normative file, especially on contains place protection, and industry protection content of normative file, to be modified or abolition, and to social announced continues to effective, and abolition and failure of normative file directory; not included continues to effective of file directory of normative file, shall not as administration of according to.

    Situation changes or laws, regulations, rules and policy adjustment of national, provincial, normative documents of the enacting body shall promptly clean up the corresponding normative documents, you need to modify or repeal shall be amended or annulled.

    Procedures for modifying, abolishing the normative documents, reference to the provisions of this chapter.

    28th a citizen, legal person or other organization has the right to free access to published normative documents development agencies have an obligation to provide the normative documents have been published.

    Chapter III of normative documents for the record

    Article 29th regulatory documents published in the 15th, submitted for the record by the enacting body in accordance with the following provisions:

    (A) regulatory documents established by the municipal people's Government to the provincial government and the municipal people's Congress Standing Committee submitted the record;

    (B) the County (district) regulatory documents developed by the people's Government to the municipal people's Government and the County (district), submitted to the Standing Committee of the people's Congress for the record;

    (C) municipal works departments, municipal agencies to develop normative document of submission to the municipal people's Government for the record;

    (D) the township (town) people's Government, the County (district) people's Government departments, County (district) regulatory documents established by the Agency of the people's Government to the County (district) people's Government submitted for the record;

    (E) two or more sectoral normative documents developed jointly, by the sponsoring departments in accordance with this section (c), (d) requirement to submit for the record;

    (F) the laws and regulations organization authorized to submit regulatory documents developed by the people's Governments at the corresponding level for the record.

    Article 30th in accordance with normative documents submitted for the record in these measures, by the enacting body sent legal size filing authority rule of law institutions.

    Submit regulatory documents filed shall submit the filing text reports and regulatory documents and specification of materials, and follow the prescribed format bound, a set of 5 copies.

    Submit regulatory documents filed shall be submitted electronic texts of normative documents.

    31st city, County (district) Government body normative documents received after the filing of the legal system, in accordance with the following provisions:

    (A) belonging to the normative documents as provided herein, submit materials are complete and in accordance with the format prescribed by, to record registration;

    (B) belongs to the normative documents as provided herein, the materials submitted are incomplete or do not meet the required format, suspended registration, notifies the enacting body supplement or to submit for the record material, remedy or to submit the filing meets the requirements of, to record registration;

    (C) not part of the normative documents as provided herein, no registration, notify the enacting body, and explain the reasons.

    Article 32nd-filing regulatory documents, by the city and County (district) Government legal agencies in the Government Gazette at regular intervals (the newspaper), published on the Government Web sites or news media directory.

    Article 33rd administrative authorities at various levels shall gradually establish regulatory documents online filing system, use the Internet platform to carry out the registration work.

    Article 34th city, County (district) Government legal agencies to submit for the record the normative documents, review the following:

    (A) it is inconsistent with the laws, rules and regulations;

    (B) whether illegal creation of administrative license, the administrative punishment and administrative compulsory, administrative fees and other matters shall be set by the laws, rules and regulations;

    (C) it is incompatible with the higher administrative decisions and orders;

    (D) different provisions of normative documents on the same subject are the same.

    35th city, County (district) Governments when the rule of law institutions review regulatory documents, need comments from relevant executive authorities, relevant administrative authorities shall reply within the time limit specified; the need for authorities to explain the situation, describe the enacting body shall, within the prescribed period.

    36th article by review, normative file has this approach 34th article subsection (a) to (three) items by column case one of of, by city or County (district) Government legal institutions recommends developed organ in provides term within itself corrected; developed organ late not corrected of, by city or County (district) Government legal institutions proposed processing views reported this level Government decided, and notification developed organ.

    37th different normative document provisions on the same matter, in accordance with the following provisions:

    (A) different parts of the same Government-owned respectively, coordinated by the local government legal agencies;

    (B) the upper and lower-level people's Government established by different departments, coordinated by the higher people's Government legal agencies;

    (C) the higher level people's Government departments and the lower level people's Governments respectively, coordinated by the higher people's Government legal agencies.

    Coordinated by the Government legal organization agreement, formulated by the relevant authorities to correct; coordinated agreement cannot be reached, by government legal agencies responsible for coordination put forward opinions level people's Government decision, and notify the enacting body.

    Article 38th normative documents organ shall, upon receiving the article 36th, 37th in the 30th from the date of the notice required, will be submitted to the municipal or County (district) Government legislative bodies or be responsible for the coordination of government legal agencies. 39th State organs, social organizations, enterprises and institutions, citizens think that normative documents and laws, rules and regulations, as well as higher administrative decisions and orders contravene, inconsistent or different regulatory documents on the same matter, reviews recommendations to the filing authority in writing.

    The municipal or County (district) Government legal agencies to review proposals, should be dealt with immediately and in writing.

    40th normative documents Development Authority shall, at the end of January each year for the preceding year of regulatory documents submitted to the registration authority for reference.

    City, County (district) Government legislative body of normative documents for the record of the previous year in the first quarter a year to report the situation, and supervision according to the actual situation.

    The fourth chapter legal liability

    41st normative documents has any of the following circumstances, be criticized by the people's Government of the people's Governments at the corresponding level, or the superior and rectify; directly responsible in charge and other direct liable persons shall be given administrative sanctions:

    (A) not in accordance with the provisions of this approach, to publish normative documents;

    (B) these measures are not in accordance with the provisions of normative documents on the clearing;

    (C) to the citizens, legal persons or other organizations to provide free access to the normative documents have been published;
(D) not submitted to regulatory documents filed in accordance with these measures.

    The fifth chapter by-laws 42nd these measures come into force on January 1, 2007.