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Chengdu Administrative Normative Document Management

Original Language Title: 成都市行政规范性文件管理规定

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Managing the normative rules of the urban administration

(As of the 56th ordinary meeting of the Metropolitan Government of 25 December 2009, the adoption of Decree No. 166 of 31 December 2009 by the Metropolitan People's Government of 1 February 2010)

Article 1

In order to strengthen the management of administrative normative documents, it is ensured that the provisions are developed in line with the Act on People's Representatives at the Congress and Local levels of the People's Government of the People's Republic of China and the Regulations of the Department of State, the Regulations and Rules.

Article 2

The administrative normative document referred to in this provision refers to the formulation by the executive body and the legal, regulatory and regulatory organs, in addition to the regulations of the Government, concerning the rights obligations of citizens, legal persons or other organizations, which have been applied repeatedly within a period of time and have universally binding administrative correspondence.

Article 3

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

This provision does not apply to the internal system of work, the management system, the decision on the exemption of personnel and administrative decisions on specific matters.

Article IV (III harmonization)

The management of administrative normative documents in the city is governed by a unified review, uniform registration and publication.

Article 5

The following administrative organs or organizations in the city may establish administrative normative documents within the statutory purview:

(i) The Government of the city, the city (market) and the National Commission for New District Management;

(ii) The municipalities, districts (markets);

(iii) The Government of the town (communes) and the authorities of the communes (communes) are established by law by law and, in accordance with their work, require the development of administrative normative documents, the name, basis, main content and the need for the development of the administrative normative documents should be reported to the people of the district (commune) and, upon agreement, administrative normative documents can be developed;

(iv) Organizations that are mandated to administer the administration in accordance with laws, regulations and regulations.

The procedural coordinating bodies, sector dispatch agencies, sector-based institutions may not develop administrative normative documents.

The executive body or organization of administrative normative documents may be established by law, which is published by the working body responsible for the review.

Article 6 (Development of procedures)

The development of administrative normative documents should be carried out in accordance with procedures such as research, consultation, coordination, review of legality, consideration of decisions and signature of publication.

As a result of sudden public events, security of public safety and major public interest, urgent orders and decisions by executive superior administrations, the need for the immediate development of administrative normative documents may be brought directly to the decisions and signatures of the principal heads of the organs or heads of their delegated authority.

Article 7

Administrative normative documents shall not create the following matters:

(i) Approval of administrative licences and non-administrative licences;

(ii) Administrative penalties;

(iii) Administrative coercion;

(iv) Administrative expenses;

(v) Other matters to be regulated by law, regulations, regulations or superior administrative bodies.

Administrative normative documents do not contradict the provisions of the law, regulations, regulations and regulations; there is no legal, regulatory and regulatory basis that administrative normative documents may not impose restrictions or deprive citizens, legal persons or other organizations of their legitimate rights or increase the obligations of citizens, legal persons and other organizations.

Article 8

The drafting of administrative normative documents should be clear, specific and operational; studies should be conducted on the need and feasibility for the development of administrative normative documents and on issues to be addressed in administrative normative documents, the main system to be established or the main measures to be set.

Article 9

The drafting of administrative normative documents should be carried out in depth and listened widely to the views of relevant bodies, organizations, citizens and experts. The drafting of administrative normative documents in a variety of ways conducive to expanding public order.

The draft administrative normative document, which is important or relevant to the people's public interest, should be widely consulted, including through the convening of a colloquium, an adjudication, a hearing or the publication of a draft administrative normative document to society.

Article 10

Civil, legal or other organizations have expressed their views and proposals on the draft administrative normative document, and the drafting sector (institutional) should study it in a timely manner and provide clarification in the drafting note.

Article 11 (Uniform review)

The draft administrative normative document should be coordinated by the development of the rule of law sector (institutional) of the organs and the legal review.

The municipal rule of law sector is responsible for the review of administrative normative documents developed by the Government of the city and its Executive Office; the district rule of law sector is responsible for reviewing the administrative normative documents developed by the Government of the people at this level and its offices, the town (communes) government and district (communes); administrative normative documents developed by the authorities of the municipalities and districts (markets) in the work sector of the municipalities and district governments are reviewed by the rule of law institutions in this sector; administrative normative documents prepared by the legislative, regulatory, regulatory and regulatory authorities are reviewed by their authorities.

The establishment of the rule of law sector (institutional) should conduct a comprehensive review of the legalization of the subject, competence, procedures, content and form. The rule of law (institutional) responsible for the review of legality requires that the drafting cell be supplemented by a description, or that the relevant units are required to assist in the review, and that the drafting units and related units should be synchronized.

Article 12

The draft administrative normative document was one of the following cases, and the establishment of the rule of law (institutional) of the organ could return it to the drafting unit or request a change in the drafting cell and a subsequent review of the material:

(i) The formulation of organs does not have the authority or the main content;

(ii) The basic conditions established are not ripe;

(iii) Individuals, legal persons or other organizations that have expressed their views on the draft administrative normative document and have no reason for it;

(iv) The relevant organs, organizations with substantial differences and reasons for the draft administrative normative documents, which were not adopted by the drafting cell and were not justified.

Article 13

The draft administrative normative document considered by the Government of the People of the Region or Region (market) should be signed by the main holder of the drafting unit; joint drafting by two or more sectors should be signed by the main heads of the joint drafting unit. No consideration and signature shall be brought to the attention of the Committee without review of legality.

The following materials should be made available to the people of the city or area (market) to consider administrative normative documents:

(i) Request for consideration;

(ii) Draft administrative normative documents;

(iii) Drafting notes (including the purpose of developing administrative normative documents, the basis, the main content and the treatment of important differences);

(iv) The drafting of laws, regulations, regulations and national approaches, policies based on administrative normative documents;

(v) Relevant material for consultation;

(vi) Develop legal review opinions from the rule of law sector (institutional);

(vii) Other relevant information.

Other administrative bodies or organizations have developed administrative normative documents that require the delivery of the materials reviewed, taking into account the above-mentioned provisions.

Article 14.

The Government of the city and the district (market) has developed administrative normative documents that should be considered by the Standing Government.

Other administrative organs or organizations have developed administrative normative documents that should be considered by the office.

Article 15 (Uniform publication)

The signed administrative normative documents are published by the designating body on the public information web. Unpublished, no administrative basis shall be established.

Article 16

Administrative normative documents should be carried out after 30 days of the date of publication; the publication would not be immediately applied and could be carried out from the date of publication.

Article 17

The municipal and district government rule of law sector, the rule of law institutions of the municipal government working sector (hereinafter referred to as back-up agencies) are responsible for the review of administrative normative documents.

Article 18

The design organs shall be sent within 15 days of the date of publication of the administrative normative documents, in accordance with the following provisions:

(i) Administrative normative documents developed by the Government of the city, which are sent to the Government's rule of law sector at the highest level;

(ii) Administrative normative documents developed by the Government of the People's Republic of the District (market) and the Government's work sector, and referrals to the municipal authorities' rule of law sector;

(iii) The administrative normative documents developed by the district government working sector, which are sent to the district (market) authorities' rule of law sector;

(iv) The administrative normative documents developed by the municipal and district (market) government working sectors should be accompanied by referrals to the top-level authorities;

(v) Two or more sectors have jointly developed administrative normative documents, which are sent by the host authorities to the current Government's rule of law (institutional) and to the superior authorities, and other departments have resigned to the superior authorities;

(vi) Execution of administrative normative documents developed by vertical management, while reporting back to the Government and the executive authorities at the highest level;

(vii) The law, regulations and regulations authorize the organization to submit the administrative normative documents to the competent authorities.

Article 19

When the administrative normative documents are sent, the following materials should be submitted and consolidated by the backup agencies:

(i) Resolves report (signed by the principal heads of the design body);

(ii) Five formal versions of administrative normative documents (conclusive electronic texts);

(iii) Drafting notes and accompanying relevant legal, regulatory, and policy bases.

The supporting body should review the implementation of administrative normative documents in accordance with laws, regulations, regulations and top administrative normative documents.

The administrative normative documentation for the submission is in accordance with this provision; it is not in accordance with the provisions. The administrative normative documents reviewed for the filing of the request shall be consolidated by the relevant institutions.

Article 20

The review found that administrative normative documents had the following problems, as set out below:

(i) In violation of article 5 of the present article, the competent organ shall withdraw from the agreement of the Government of the people at this level;

(ii) In violation of article 7 of the present article, a review of the administrative normative documents reserve shall be issued, after the receipt of the submissions by the organ shall be amended or repealed on 15 days; the late submission of comments is not amended or repealed by the competent organ, which shall be withdrawn by the consent of the Government of the people entitled to report to the current rank.

Recognizing that administrative normative documents are null and void or that administrative normative documents should be published on the Government Public Information Network.

Article 21

The executive normative document development body shall be accredited by 31 January of each year by the executive normative document file.

The desk should publish a directory of the previous annual administrative normative documents reviewed by 31 March each year on the Government's Public Information Network.

Article 2 (Social oversight)

Civil, legal or other organizations are of the view that administrative normative documents are in conflict with the administrative normative documents of the Government, which may apply in writing for the review of the rule of law at the senior level of the executive body, and that they are part of the sectoral administrative normative documents (including laws, regulations, regulations authorizing the organization to develop administrative normative documents), may apply in writing for review by the same-level government rule of law sector in the design body, which is a normative document of the vertical administration, and may apply in writing for the review of the rule of law at the executive level. The Government's rule of law sector or sectoral rule of law institutions should be processed within 30 days of the date of receipt of the application and communicated the results to the applicant in writing.

Article 23

(b) To be accountable to the competent and other responsible personnel, in accordance with the administrative rules of conduct of the civil service of the city administration, in accordance with the provisions of the Code of Administrative Excellence.

Article 24

The development of administrative normative documents should set out specific provisions containing the period of effectiveness of the administrative normative document, making specific and clear provisions directly for the period of effectiveness of administrative normative documents. The administrative normative documentation for the deployment of time-bound work is scheduled to not exceed its working time frame. The effective period of administrative normative documents shall not exceed five years from the date of operation.

The administrative normative documents that have been completed at an effective time are naturally invalid and no longer serve as a basis for administration. There is a need for continued implementation, which should be re-issued or revised by the designating body to organize an assessment of three months before the expiry of the effective period.

Article 25

The executive normative documents should be developed in accordance with relevant laws, regulations, regulations and relevant policies and changes in reality, to organize assessments, including written requests, field surveys, questionnaires or colloquiums, for the daily lives of the people.

The clean-up of administrative normative documents should uphold the principle of routine clean-up and regular clearance, specific clean-up and comprehensive clearance. The executive normative document should be developed in accordance with laws, regulations, regulations and national policy adjustments, as well as changes in reality, to clean up administrative normative documents every two years and to make regular publication of the directory of administrative normative documents removed, invalidated and continued to be effective after clearance. It is not included in the continuing effective directory and is no longer the basis for administration.

In one of the following cases, the executive normative documents should be cleared in a timely manner and, depending on the actual situation, the decision to amend and repeal:

(i) Unlike the provisions of new laws, regulations, policies or top administrative normative documents;

(ii) To adapt to economic and social development demands, for example, by means of management or by adapting to changes in the target;

(iii) Other circumstances that need to be revised and repealed.

Article 26 (e-management system)

The development and improvement of the e-management system of administrative normative documents provides free access, downloading services to the public and, through e-systems, information on the design of an executive normative document, such as an indicative and effective period.

Article 27

The management of administrative normative documents should be included in the administrative appraisals of the law.

Article 28 (Actual date of application)

This provision has been implemented effective 1 February 2010. The provisions on the development and documentation of the urban administrative normative documents issued on 18 July 2005 were also repealed.