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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Chengdu administrative normative document management

    (December 25, 2009, Chengdu municipal people's Government at the 56th Executive meeting on December 31, 2009, Chengdu municipal people's Government, the 166th promulgated as of February 1, 2010) the first (objective basis)

    To strengthen the administrative normative document management, ensure that the Administration, 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 and of the rulemaking Procedure Ordinance under the State Council, the Archivist filing of regulations and Ordinance, Chengdu practice, these provisions are formulated.

    Article II (definitions of terms)

    Administrative standard documents in these rules refers to government regulations, the executive authorities and laws, rules and regulations empowering the Organization to make, involving rights and obligations of citizens, legal persons or other organizations, applied repeatedly over a given period, generally binding administrative documents.

    Article III (scope of application)

    Administrative normative document of the city development, record-keeping, supervision and administration of the application of this provision.

    The municipal administrative organ or system within an organization, management systems, personnel decisions and administrative decisions taken on specific issues, these rules do not apply.

    Fourth (Trinity)

    City administrative normative document management review announced, unified, unified registration and numbers.

    The fifth section (primary)

    The city following administrative organ or organization may, within its statutory mandate to develop normative documents:

    (A) municipal, district (City) County and the Chengdu high-tech zone management Committee;

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

    (C) the town (town) people's Government and the district (municipal) and County agencies established by law, in accordance with the needs really necessary administrative normative documents, proposed administrative norms should be the name of the file, the basis, main content and the need to develop the normative documents (City) and County reports, consent may establish administrative normative documents;

    (D) in accordance with the law, the administration of the rules and regulations mandated by the organization.

    The deliberation and coordination agencies, departments, agencies, departments, internal bodies shall make administrative normative documents.

    Law may establish administrative normative document of the administrative body or organization, responsible for the record review's body of work to the public.

    The sixth section (procedures)

    Development of normative documents, shall survey drafting, advice, coordinated demonstration, review, review the legality of a decision, signing and promulgation procedures.

    Due to public emergencies, the protection of public security and vital public interests, implementation of the higher administrative authority of emergency orders and decisions, requiring immediate administrative normative documents, after review by the legality, can be directly submitted to the Chief or his or her delegate in charge of decisions and signing and promulgation.

    Seventh (banned set)

    Administrative normative document may set the following items:

    (A) administrative license and non-approval of administrative licensing;

    (B) administrative penalties;

    (C) administrative enforcement;

    (D) administrative fees;

    (E) shall be determined by law, regulations, regulatory matters or to a superior administrative authority.

    Administrative normative document on the implementation of specific provisions of the laws, regulations and rules shall not conflict with the provisions on the basis of; not according to the laws, regulations, rules, administrative normative documents shall not be made to restrict or deprive citizens, legal person or other organization's legitimate rights or increase the citizens, legal persons and other organizations provided.

    Eighth (drafting arguments)

    Drafting normative documents should be clear and specific, with maneuverability; should be to study the necessity and feasibility of developing normative documents, and administrative normative document to solve the problem, proposed the establishment of the system or the main measures to be provided for research demonstration.

    The Nineth (draft for soliciting opinions) Drafting normative documents should be in-depth research, listen to views of relevant organs, organizations, citizens and experts.

    Using a variety of way in favour of expanding the orderly participation of the public drafting of normative documents.

    Major or related to the vital interests of the draft regulatory documents, through the holding of seminars, feasibility study meeting, hearing or to the public to solicit opinions, including draft normative documents.

    Tenth (opinion)

    Citizens, legal persons or other organizations of comments and suggestions on the draft normative documents, drafting of the sector (institutions) should promptly study and drafting instructions are described.

    11th (review)

    Draft normative documents shall be formulated by the Department of Legal Affairs (Agency) is responsible for the review, and provide legal review. Municipal government legal sector is responsible for on City Government and Office developed of administrative normative file for review; district (City) County government legal sector is responsible for on this level Government and Office, and town (Xiang) Government and the district (City) County government law established of sent organ developed of administrative normative file for review; city and district (City) County Government work sector developed of administrative normative file by this sector legal institutions for review; legal, and regulations, and

    Regulations authorize organizations to develop normative documents by the competent administrative Department of the legal institutions for review. The enacting body the Department of Legal Affairs (agencies) should develop the subject, jurisdiction, procedure, content, legality in the form of a comprehensive review.

    Responsible for the validity of the Department of Legal Affairs (Agency) requested supplementary basis, explain the situation, and asked related departments to assist in the review, drafting unit and the units concerned shall cooperate.

    12th (review)

    Draft normative documents, one of the following circumstances, the enacting body the Department of Legal Affairs (bodies) can return the drafting unit, or to draft amendment after the unit reported to the review:

    (A) the enacting body does not have to develop main content or unlawful;

    (B) establish the basic conditions are not mature;

    (C) citizens, legal persons or other organizations to comment on the draft normative documents and reason to do so, drafting unit was not adopted and did not state any reasons;

    (D) draft normative documents of relevant organs, organizations have significant differences of opinion and justified, drafter has not adopted and does not explain the reasons.

    13th (submitted to the review) Submitted to the municipal or district (City) County people's Government consideration of draft administrative normative document should be signed by the drafting unit in charge; drafted jointly by two or more departments shall be drawn up by the joint unit in charge of sign.

    Without a legal review, and shall not be submitted for deliberation and signed.

    Report it to the municipal or district (City) county governments to consider administrative normative documents, should provide the following materials:

    (A) submitted to the consideration of request;

    (B) Executive draft normative documents;

    (C) preparation of notes (including the purpose of administrative normative document, according to, the main contents and the processing of major differences of opinion);

    (D) drafting administrative normative document on the basis of laws, rules, regulations and national policies;

    (E) to seek the views of relevant material;

    (Vi) the Development Authority Legal Department (Agency) issued legal opinions;

    (G) other relevant information.

    Administrative normative documents developed by other administrative bodies or organizations, you need to submit audit material, reference to these provisions.

    14th (approval program)

    City and district (municipal) and county administrative normative documents, should be considered by the Executive meeting of the the level of Government decisions.

    Administrative normative documents developed by other administrative bodies or organizations, shall be subject to consideration by the Office decision.

    15th (uniform publication) Signed administrative normative document published by the enacting body in the Government public information to online unified.

    Not been made public, not as evidence of the administration.

    16th (time)

    Administrative normative documents be implemented since the 30th, after the date of its publication, announced immediately after the execution would hinder any, can come into force on the date of promulgation.

    17th (the record)

    The municipal and district (City) County government legal departments, municipal government departments legal institutions (hereinafter referred to as the record) is responsible for the administrative normative documents record examination and supervision work.

    18th (submitted for the record)

    The enacting body shall administrative normative documents published in the 15th, in accordance with the following provisions, submitted for the record:

    (A) administrative normative documents established by the municipal government, up one level the Government legal departments to submit for the record;

    (B) in district (City) County and municipal government departments to formulate administrative normative document, submitted to the Legal Department for the record;

    (C) the district (municipal), County Government Department of administrative normative document to the district (municipal) Government legal departments to submit for the record;

    (D) municipal and district (City) County Government departments administrative normative documents must at the same time higher level authorities to submit for the record;

    (E) two or more joint development of normative documents, organised by sector, to the level of Government the Department of Legal Affairs (Agency) and the higher authorities to submit for the record, copy to the competent authorities at a higher level in other sectors;

    (Vi) administrative normative document of the vertical management departments, and reported to the competent administrative Department of the people's Governments at the corresponding level and upper level records;

    (G) the laws, regulations and rules authorized the Organization of administrative normative document submitted for the record to the competent authorities.

    19th (unified registration and numbering)

    When administrative normative documents submitted for the record, the following documents shall be submitted, and reported by the record-unified registration:

    (A) filing report (signed by the enacting body in charge of);

    (B) administrative normative document 5 office copy (electronic text);

    (C) preparation of notes and related laws, rules, regulations, and policy basis.

    Record should be based on the laws, regulations and rules and the administrative normative document on the implementation of administrative normative document for the record review. Administrative normative documents submitted for the record in accordance with the provisions of the record does not meet the requirements, not for the record.

    After reviewing the administrative normative documents to be filed, it shall be prepared centrally by the record registration number.

    20th (record monitoring)

    By filing the review found administrative normative document has the following problems, in accordance with the following provisions:

    (A) in violation of the provisions of article fifth, after the Authority ex officio level people's Government agreed to rescind it;

    (B) violation of the provisions of article seventh issued administrative normative documents for the record of the review submissions, the enacting body shall upon receipt of the submissions within the 15th amendment or repeal their own; overdue submissions amended or repealed, by the authority under the people's Governments at the corresponding level of competence shall be revoked with the consent.

    Confirm administrative normative document is invalid or the revocation of administrative normative document should be governmental public information published online.

    21st (record release)

    Administrative normative documents should be enacted on January 31 of each year for the preceding year of administrative normative document directory record for future reference.

    Record in governmental public information online before March 31 in each year should be announced to the public after reviewing list of administrative normative documents be filed the previous year.

    22nd (supervision) Citizens, and corporate or other organization think administrative normative file illegal, belongs to government administrative normative file of, can written application developed organ of Shang level government legal sector review; belongs to sector administrative normative file of (containing legal, and regulations, and regulations authorized organization developed of administrative normative file), can written application developed organ of sibling government legal sector review; belongs to vertical management sector administrative normative file of, can written application developed organ Shang level competent sector legal institutions review.

    Legal departments or branches of government legal agencies, should be made from the date of receipt of the application in the 30th, and process the results will inform the applicant in writing.

    23rd (the enacting body's supervision)

    Not according to the regulations, for the record, be ordered by the authorities concerned within a time limit and be communicated; depending on the circumstances and the consequences of, Chengdu city, by the relevant authorities in accordance with the regulations on the administrative sanction against civil servants of administrative organs of administrative behavior, accountability of managers and other responsible personnel responsibilities.

    24th (valid system) Administrative normative documents shall clearly set contains special provisions of the administrative normative document is valid, direct administrative normative documents valid for specific, clearly defined. Arrangements time limits requirements of normative documents, shall not exceed the length of the validity period.

    Administrative normative document is valid from the date of execution shall not exceed 5 years. Administrative normative document the expiry natural failure, not as evidence of the administration.

    Absolutely necessary to continue to implement, 3 months before the expiry of the validity period shall be formulated by the authorities an organizational assessment, issued or revised under evaluation release.

    25th (assess the clean up)

    Administrative normative documents Development Authority shall, in accordance with the relevant laws, rules, regulations and related policies, as well as the facts change, administrative normative documents directly related to people's daily life, production, may be in written comments, field survey, questionnaire or symposia, such as organizational assessment. Cleaning daily cleaning of administrative normative document and periodic cleaning, special cleaning and the cleaning principle of combining. Administrative normative documents authorities shall, in accordance with the law, regulations, rules and adjustment of national policies as well as the facts change every 2 years to clean up the administrative normative documents, after cleanup, it and publishing the authorities repealed, failure and continue effective administrative regulatory documents.

    List of not included in continue to be effective, not as evidence of the administration.

    Administrative normative documents, one of the following circumstances, the enacting body cleaning should be carried out promptly, and amended, repealed the subject decision:

    (A) with new laws, rules, regulations, policies, or superior administrative normative document is not consistent;

    (B) the management or resizing an object changes, etc and not adapted to the requirements of economic and social development;

    (C) other circumstances that need to be modified, repealed.

    26th (electronic management system)

    Electronic management system and gradually establish and improve the administrative normative documents, free, download service for the public, and to administrative normative documents through an electronic system to prompt record, validity period, and other information.

    27th (included in the assessment)

    The management of administrative normative document should be incorporated into the law content.

    28th (execution date) These regulations come into force on February 1, 2010. Chengdu city, released on July 18, 2005, the administrative normative documents and filing regulations repealed simultaneously.

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