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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

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Decision of the Government of the South Turkmen on the revision of the Normative Document Development and Approval of the City of Southch

(Consideration of the 46th ordinary meeting of the Government of the South Turkmen Republic of 6 November 2009, through the publication of Government Order No. 135 of 19 November 2009, of the date of publication)

The Government of the city has decided to amend the definition and documentation of normative documents in the city of Southch as follows:

“Organization mandated by the law, legislation” is added after “the executive organs at all levels of the city”.

Article 7 amends as follows: “The executive organs shall establish normative documents in accordance with the provisions of laws, regulations and national, provincial and relevant policies and shall not be in conflict with administrative powers such as administrative licences, administrative penalties, administrative coercion, administrative fees, etc. and shall not be in conflict with the obligations of citizens, legal persons or other organizations.”

In addition, article 26 reads as follows: “The right to interpret normative documents is the organ in place. An interpretation of normative documents needs to be made by the establishment of a rule of law body to prepare a draft interpretation, which is published in accordance with article 23 of this approach after the finalization of the organ. The interpretation of normative documents is equally effective with normative documents.”

Paragraphs Page

“The normative document should be cleared every two years by the competent organ to clean up a normative document that is incompatible with legal, legislative, regulatory or regulatory provisions, or by mutual contradictions, shortcomings and normative documents that are not adapted to the economic and social development requirements, in particular normative documents containing local protection, industrial protection content, subject to revision or repeal, and to make available to society a directory of normative documents that continue to be effective, repealed and invalidated; normative documents that are not included in the list of valid documents shall not be used as a basis for administration.

“The actual situation changes or legal, regulatory, and national, provincial and relevant policy adjustments, and the normative document formulation body should promptly clean up the corresponding normative documents and need to be modified or repealed and should be modified or repealed.

“The procedure for modifying, repealing normative documents shall be implemented in accordance with the provisions of this chapter.”

V. Article 28 was replaced with article 29, which reads as follows:

(i) The normative documents developed by the Government of the city are sent to the Government of the province and to the Standing Committee of the People's Congress;

(ii) The normative documents developed by the People's Government of the District (zone) are sent to the Government of the city and to the Permanent Committee of the People's Representatives to the General Assembly;

(iii) The normative documents developed by the Ministry of the Work of the People's Government and the Government's dispatch agency are sent to the Government of the city;

(iv) The Government of the People's Republic, the district (zone) People's Department of Work, the People's Government dispatched normative documents to the county (zone) Government;

(v) The normative documents developed jointly by the two departments, which are submitted by the host sector pursuant to subparagraphs (iii) and (iv) of this article;

(vi) The normative documents developed by organizations authorized by the law, legislation and regulations are sent to the Government of the people at this level.”

Article 29 was replaced with article 33, paragraph 3 as follows: “The submission of the normative document is to be accompanied by an electronic version of the normative document”.

Article 7, article 33, article 33, article 33, article 34, and article 39, “The Rule of Law of the Defender organ” was amended to read “The municipal, district (zone) government rule of law institutions”; and in article 33, article 37, the “Regional body of the rule of law” was amended to read “market or district (zone) government rule of law institutions”.

Article 33 was replaced with article 34, subparagraph (ii) as follows:

Article IX, article 38 should be replaced with article 39, in which the word “processed by their rule of law bodies” was amended to read “The city or the State (zone) government rule of law bodies had received review recommendations and should be promptly studied and written replies”.

Article 40 was replaced with article 41, adding two to subparagraphs (i), (ii) as follows: (i) not to develop, issue normative documents in accordance with the provisions of this approach; and (ii) not to clean up normative documents in accordance with the provisions of this approach.”

In addition, some language changes were made and the order of the provisions was adjusted accordingly.

This decision is implemented since the date of publication.

The Normative Document Development and Approval of the City of Southch has been re-published in accordance with this decision.

Annex: Methodology for the formulation and documentation of normative documents in the city of Southch (as amended in 2009)

(Act No. 117 of 20 November 2006 of the Municipal People's Government Order No. 117 of 1 January 2007 and as amended by the Order No. 135 of 19 November 2009)

Chapter I General

Article 1, in order to regulate the conduct of normative documents by administrative organs, enhance oversight of normative documents, improve the quality of normative documents, preserve the rule of law, develop this approach in the light of the provisions of the Regulations of the State Department, the Regulations and Rules of Procedure.

Article 2 of this approach refers to normative documents that, in addition to the regulations of the people of the city, are developed and published by the executive organs and legal, legislative and regulatory bodies at all levels of the city, in accordance with the statutory mandate, in relation to the rights, obligations of citizens, legal persons or other organizations, which are applied repeatedly within a certain period of time and are generally binding.

Normative documents include governmental normative and sectoral normative documents.

Article 3. Drafting, reviewing, deciding, publishing and filing of normative documents.

The development and preparation of normative documents for the executive organs that are vertically led are carried out in accordance with the relevant provisions of the State and the province.

Article IV. Rule of law institutions at all levels of administration or institutions responsible for the rule of law (hereinafter referred to as the rule of law body) are responsible for the specific work of normative documentation formulation and documentation.

Chapter II

Article 5

Article 6. In-house and temporary bodies of the executive branch shall not develop normative documents in the name of the institution.

Article 7. The development of normative documents by the executive organs shall be in accordance with the provisions of the law, regulations and national, provincial and provincial policies, and shall not be in violation of administrative powers such as administrative licences, administrative sanctions, administrative coercion, administrative fees, etc. and shall not be in conflict with the obligation of citizens, legal persons or other organizations.

Article 8

The title of normative documents should be based on the applicable regional name.

Normative documents are generally formulated in the form of provisions.

Article 9 establishes normative documents to be carried out in accordance with established subparagraphs, research drafting, consultation, coordination of differences, review of amendments, review decisions, signatures, publication.

Article 10. The work sector of the people at all levels considers it necessary to develop governmental normative documents that should be informed by the Government of the people at this level, as well as by the need for normative documents of the Government, the key issues to be addressed, the main system to be established, and by the Government of the people at this level.

The people's work sector at all levels, in accordance with its statutory mandate and work needs, decides to develop sectoral normative documents.

Matters relating to the mandates of the two sectors require joint development of sectoral normative documents and joint sectoral decisions.

Article 11 Government normative documents are specifically designed by a department established by the Government or by more than two sectors.

Sectoral normative documents are defined by the department.

More than two sectors have jointly developed sectoral normative documents, which could be negotiated for the establishment of a sector organization or for drafting by the relevant departments.

The drafting of normative documents, or the drafting sector or body should organize in-depth research by drafting agents, summarize practical experience and widely listen to the views of relevant organs, organizations and citizens. The hearings can take a variety of written requests, colloquiums, symposia and hearings.

Article 13 concerns about the drafting of normative documents by organs, organizations and citizens, and the drafting sector or institutions should be carefully studied.

The normative documents drafted relate to the responsibilities of other departments or to the close relationship with other departments, with differing views from other departments, the drafting sector or institutions should consult fully with them; and, if fully consulted, the information should be provided in the presentation of the normative document.

Following the completion of the drafting of the Government's normative documents, the drafting sector should convene sectoral office meetings to discuss the delivery of normative documents and send them to the Government of the people through the signature of the main holder; the drafting sector should convene sectoral office meetings to discuss the draft of normative documents and send them to the Government of the people at large, in conjunction with the main heads.

Article 15. The following materials shall be made available when the Government's normative documents are delivered:

(i) Drafting of normative documents and drafting notes;

(ii) Views on all aspects;

(iii) Research reports and conference records;

(iv) Drafting laws, regulations and other documents based on normative documents;

(v) Other material to be delivered.

A drafting note on the drafting of the draft text of the Government's normative document should include the following:

(i) The need and feasibility established;

(ii) Legal, regulatory, and other documentation materials based on the law, regulations and other documents;

(iii) The main elements, systems and measures set out;

(iv) To seek advice and to adopt comments;

(v) Coordination of significant differences;

(vi) Other needs clarification.

The text of the Government's normative document was reviewed and amended by the Government's rule of law institutions.

Following the completion of the drafting of sectoral normative documents, the drafting body should communicate, in a timely manner, copies of sectoral normative documents and drafting notes and other related materials to the rule of law institutions in the sector.

Article 18

(i) The basic conditions for the development of normative documents are not ripe;

(ii) The main content of the provisions of the draft articles on the delivery of normative documents is more controversial and the drafting sector or body are not consulted;

(iii) The material submitted for review is not in accordance with article 15 and article 16 of this approach.

The rule of law institutions, in reviewing, modifying the presentation of normative documents, should carefully study the views of all parties and, if necessary, seek the views of the parties concerned; coordinate and agree on the differences between sectors or institutions; and should not be agreed upon to present the main issues, the views of the relevant departments or agencies and the views of the rule of law institutions on the part of the people's government or the decisions of the current sector.

Article 20 provides that the rule of law body should, after completing the review and modification of the draft texts of normative documents, form the draft normative document and a note on the draft. It should include the development of key issues to be addressed in normative documents, the establishment of key measures and coordination with relevant departments or agencies.

Draft normative documents and clarifications were signed by the principal heads of the rule of law body to present recommendations for consideration by the Government of the people at this level or by the sector.

Article 21 Government normative documents should be considered by the Standing Committee of the People at this level.

Sectoral normative documents should be considered by the office of the office.

Nor shall normative documents that are not reviewed by the rule of law bodies be brought to the deliberations of the Standing Committee of the Government or the sectoral office.

Article 2 Rule of law institutions should modify the draft normative document with the drafting sector or bodies, in accordance with the deliberations of the Conference, by making a revised draft report requesting the Government of the current people or the principal heads of the sector to sign.

Normative documents developed jointly by the two sectors are signed by the main heads of the sectors jointly developed.

Article 23. Normative documents should be made available to society in a timely manner through the Government's bulletins, government websites, the media.

Nor shall normative documents not be used as a basis for the administration.

Article 24 should be implemented after 30 days of the date of publication. However, because of the need to guarantee national security, a major public interest, or the fact that the publication would not immediately be carried out would impede the operation of normative documents could not be limited to 30 days.

Article 25 requires the immediate development of normative documents, with the approval of the Government of the current people or the principal heads of the sector, to simplify the process.

The right to interpretation of normative documents is an organ in place. An interpretation of normative documents needs to be made by the establishment of a rule of law body to prepare a draft interpretation, which is published in accordance with article 23 of this approach after the finalization of the organ. The interpretation of normative documents is equally effective with normative documents.

Article 27 introduces a system for regular clearance and timely clean-up.

normative documentation should be cleared every two years by the normative body, whether incompatible with legal, legislative, regulatory or regulatory provisions, or by mutual contradictions, shortcomings and normative documents that are not adapted to economic and social development requirements, in particular normative documents containing local protection, industrial protection content, to be modified or repealed, and to make available to the community a directory of normative documents that continue to be effective, repealed and invalidated; normative documents that are not included in the list of valid documents should not be used as a basis for administration.

Changes in practice or laws, regulations, regulations and national, provincial and relevant policy adjustments, and normative document formulation bodies should promptly clean up the corresponding normative documents and need to be modified or repealed and should be modified or repealed.

The procedure for revising, repealing normative documents is governed by this chapter.

Article twenty-eighth citizens, legal persons or other organizations have the right to free access to the normative documents that have been published and to establish an organ's obligation to provide normative documents that have been published by this unit.

Submitted by normative documents

Article 29, within 15 days of the date of publication, is sent by the designating body pursuant to the following provisions:

(i) The normative documents developed by the Government of the city are sent to the Government of the province and to the Standing Committee of the People's Congress;

(ii) The normative documents developed by the People's Government of the District (zone) are sent to the Government of the city and to the Permanent Committee of the People's Representatives to the General Assembly;

(iii) The normative documents developed by the Ministry of the Work of the People's Government and the Government's dispatch agency are sent to the Government of the city;

(iv) The Government of the People's Republic, the district (zone) People's Department of Work, the People's Government dispatched normative documents to the county (zone) Government;

(v) The normative documents developed jointly by the two departments, which are sent by the host sector pursuant to subparagraphs (iii) and (iv) of this article;

(vi) The normative documents developed by the organization mandated by the law, legislation and regulations are sent to the Government of the current rank.

Article 33, in accordance with the normative document of the submission of the present methodology, is governed by the rule of law institutions that establish the rule of law of the organs.

Submissions of normative documents should be submitted to such material as back-up reports, the text of normative documents and notes, and, in accordance with the prescribed format, a list of five.

The presentation of the normative document is to be accompanied by an electronic version of the normative documents.

Article 31: Upon receipt of normative documentation material by the Government's rule of law institutions in the city, district (zone) the following provisions:

(i) A normative document that is mandated by this approach, which is registered in full and in accordance with the prescribed format;

(ii) A normative document under this approach, but the material delivered is incomplete or incompatible with the prescribed format, the suspension of registration, the notification of the supplementary or resubmission of the material to be added or resubmitted by the designating body, the submission of the submissions is in compliance with the requirements for registration;

(iii) It is not a normative document under this approach, which does not register, informs the designating body and explains the reasons.

The normative document registered in article 32 is published on a regular basis by the municipal, district (zone) government rule of law institutions in the Government's bulletin (the political report), the Government website or the media.

Article 33 should be progressively established by executive organs at all levels to establish a web-based registration system for normative documents and to conduct the registration process using a political Internet platform.

Article 34, Municipal, District and Government Rule of Law Institutions review the normative documents of the referral file with the following matters:

(i) Are incompatible with the law, regulations, regulations;

(ii) Is there any administrative licence, administrative penalties, administrative enforcement, administrative fees and other matters that should be established by law, regulations, regulations and regulations in violation of the law;

(iii) Whether it is incompatible with superior administrative decisions, orders;

(iv) Whether different normative documents are consistent with the provisions of the same matter.

In reviewing normative documents by the municipal, district and government rule of law institutions, the executive organs concerned should respond within the prescribed time frame; the development of an executive body should provide clarifications within the time frame.

Article XVI was reviewed and the normative document contained one of the circumstances set out in article 34, subparagraphs (i) to (iii) of the scheme, either by the municipality or by the Government's rule of law body, recommended that the body be rectified within the prescribed time frame; and that the establishment of the organ was delayed by the municipality or by the State's rule of law bodies to submit a decision to deal with the reporting of the people at the current level and to inform the establishment of organs.

Article 37 is inconsistent with the provisions of different normative documents on the same matter and is addressed in accordance with the following provisions:

(i) The different branches of the same Government are established separately and coordinated by the rule of law institutions of the current people;

(ii) The different branches of the Government of the lower-level people are developed separately and coordinated by the Government's rule of law institutions;

(iii) The departments of the Government of the High-level People are in line with the lower-level people's Government and are coordinated by the Government's rule of law institutions.

In coordination with the Government's rule of law institutions, agreement is made by the competent authorities to correct themselves; it cannot be agreed upon in a coordinated manner by the Government's rule of law body to submit a report on the decisions of the people at this level and to inform the design body.

Article 338 The normative document-making body shall, within 30 days of the date of receipt of the notification under article 36 of this approach and article 37, communicate the situation to the city or to the state (zone) government rule of law institutions or to coordinate government rule of law institutions.

Article 39 State organs, social groups, business organizations, civil perceptions that normative documents are incompatible with laws, regulations, regulations and superior administrative decisions, orders, or that different normative documents are inconsistent with the provisions of the same matter, may submit a review proposal in writing to the author. The Government's rule of law institutions in the city or in the district (zone) should be immediately studied and written responses.

Article 40

In the first quarter of each year, the Government's rule of law body conducts a briefing on the previous annual normative documentation and conducts inspections in accordance with the facts.

Chapter IV Legal responsibility

Article 40 provides one of the following conditions for the development of normative documents, which are criticized and modified by the Government of the current people or the Government of the people at the lower level; and that the competent and other direct responsible persons directly responsible are treated in accordance with the law:

(i) The development and publication of normative documents in accordance with this approach;

(ii) No clean-up of normative documents in accordance with this approach;

(iii) No access to normative documents already published by this unit is provided free of charge to citizens, legal persons or other organizations;

(iv) Not to submit a normative document in accordance with this approach.

Chapter V

Article 42