Jiangsu Province, Normative Documents And Filing Requirements

Original Language Title: 江苏省规范性文件制定和备案规定

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Jiangsu Province, normative documents and filing requirements

    (April 7, 2009 29th Executive meeting consideration of the people's Government of Jiangsu province by Jiangsu provincial people's Government, the 54th published since April 12, 2009 as of June 1, 2009) Chapter I General provisions

    First for norm-setting activities of the normative documents, improvement of normative documents record system, strengthen supervision and administration of regulatory documents, maintaining the unity of the Socialist legal system, in accordance with the People's Republic of China local people's congresses and organic law of the local people's Governments at all levels and State of the rulemaking Procedure Ordinance, the Archivist filing of regulations and regulations and other laws and regulations, this provision is enacted. Article and introduction of normative documents for the record, these provisions shall apply.

    Otherwise provided for by laws and regulations, from its provisions.

    Violations of the regulations or in accordance with law, regulations normative documents should be published but not yet announced, not as the basis for Administration.

    Normative documents referred to in the provisions of article III, means other than regulations, shall be prescribed by the provincial Executive in accordance with the statutory authority and procedures, relating to the rights and obligations of citizens, legal persons and other organizations, general term for various types of documents and generally binding, including government documents and departmental normative documents.

    Administration in the province referred to in the preceding paragraph (hereinafter referred to as the enacting body), including:

    (A) local people's Governments at all levels;

    (B) the Department work of the local people's Governments at or above the county level;

    (C) agencies of the local people's Governments at or above the county level established by law;

    (D) the organizations authorized by the laws and regulations.

    Non-standing body established by the local people's Governments at all levels, as well as the internal bodies of the Executive, set up under the body, shall make no normative documents.

    Article fourth and introduction of normative documents for the record, it should be guided by the following principles:

    (A) compliance with the statutory jurisdiction and the procedures and administration according to law, maintain the uniformity of the legal system, ensuring government decrees;

    (B) embody the unity of executive powers and responsibilities, promote transformation of government functions and managerial innovation, improve administrative efficiency;

    (C) adhere to people-oriented, and safeguard the legitimate rights and interests of citizens, legal persons and other organizations;

    (D) proceed from reality, promoting scientific development, promoting social harmony.

    Fifth normative documents and filing work, incorporating content administration according to law.

    Chapter II establishment of normative documents

    Sixth administrative organ may, on matters within its competence, development of normative documents, it should be based on the principle of streamlining and efficiency control.

    Law can establish normative documents of the executive authorities, announced by the people's Government at the rule of law institutions to the community. Article seventh relates to matters within the competence of two or more administrative authorities, need to develop normative documents, the relevant administrative authority should be joint development of normative documents.

    Two or more administrative organs have jointly developed normative documents, should be hosted on a clear one of the executive organs.

    Article eighth name of normative documents, as needed, "decision", "way", "rules", "rule", "views", "notice", but not "regulation".

    Terms of normative documents should be accurate, concise, and provisions should be clear, specific, operational.

    Contents of the laws, regulations and rules have been clearly defined, normative document provisions in principle not repeat; superior normative documents have clearly defined contents, subordinate normative document provisions will no longer be repeated.

    In addition to content outside the complex, regulatory documents are generally not divided into chapters and sections.

    Nineth executive development of normative documents in order to implement laws, rules and regulations of the relevant provisions, and shall not create the following:

    (A) administrative license;

    (B) administrative penalties;

    (C) administrative enforcement;

    (D) administrative expropriation (except as otherwise provided by laws and regulations);

    (E) agencies and other laws, rules, regulations or higher administrative authorities of matters.

    Normative documents specifically provide for the implementation of laws, regulations and rules, shall not be increased illegal citizens, legal persons or other organizations the obligation or restriction of the rights of citizens, legal persons or other organizations.

    Tenth administrative organs of normative documents, shall be according to the actual need for project review or annual plans.

    Normative documents plans, should clearly be responsible for drafting normative documents of the Department, agency or organization (hereinafter referred to as drafting units).

    Normative documents plans, by the enacting body in charge of Legal Affairs Agency (hereinafter referred to as the legal organization of the enacting body) is responsible for the development, approved by the enacting body organization.

    Due to changes in development and other reasons, the enacting body's legal normative documents can be planned accordingly. 11th draft normative documents, should listen to the views of relevant bodies, organizations and citizens.

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

    Encouraging the use of way in favour of expanding the orderly participation of the public drafting of regulatory documents.

    12th draft government regulatory documents, drafting units should be to draft the draft regulatory documents and their descriptions and related materials submitted to the development authorities, drafting of sectoral normative documents, drafting units should be to draft the draft regulatory documents and their descriptions and related materials submitted to the rule of law in the enacting body body.

    The instructions referred to in the preceding paragraph, include the need to develop, to be the main system and measures, comments and other content related materials, including the development of basis, summary, hearing transcripts, research reports, related resources, and so on. 13th draft normative document draft, by the rule of law in the enacting body body responsible for auditing.

    Main content of the audit include:

    (A) the content is legal and harmonization with other relevant normative documents;

    (B) the program of compliance;

    (C) the primary system and measures are reasonable and feasible;

    (D) the specification for style and structure and wording.

    14th the enacting body's legislative bodies to draft normative documents draft audit, conducted in accordance with the following procedure:

    (A) a preliminary examination;

    (B) solicit and listen to their views;

    (C) investigation;

    (D) coordination;

    (E) trial.

    Due to public emergency and other special circumstances, require immediate development of normative documents, you can make necessary adjustments to the procedures provided for in the preceding paragraph.

    15th rule of law institutions following a preliminary review of the enacting body, found submitting draft regulatory documents related material does not comply with the provisions of draft article 12th, you can stride or returned units. 16th article directly related to the vital interests of citizens, legal persons or other organizations, or draft normative documents, there are significant differences of opinion, draft, develop rule of law institutions through networks, newspapers and other media to the public for comments, or hearing.

    Organization of the hearings, reference section 15th of the rulemaking procedure regulations of the State Council's regulations.

    17th relevant administrative organs have different comments on draft regulatory documents the Government draft, coordinated by the enacting body's legal organization; coordinated, consensus cannot be reached, the legal organization of the enacting body shall coordinate relevant information and opinions, developing bodies.

    Article 18th legal entity shall revise and improve the draft normative documents draft, after the completion of the audit a written audit opinion, normative documents and audits completed the draft and written comments submitted by the enacting body, considered by the enacting body Executive meeting or meetings of collective decision.

    Executive meeting or Office through collective consideration by the development authority of normative documents, after the signing by the enacting body in charge to develop government documents published and in accordance with the relevant provisions of the disclosure of Government information, released to public.

    Enacting body file referred to in the preceding paragraph, does not contain the enacting body's approval, meeting minutes, and other languages.

    Date of execution of the enacting body primarily responsible, namely normative documents as of the date. 19th the enacting body shall consolidated number of normative documents.

    Two or more administrative organs have jointly developed by normative documents, indicating the competent authorities shall only number. 20th regulatory documents shall be clear date for its implementation.

    Implementation date and the publication date of the interval period with reference to the regulations of the State Council Ordinance 32nd execution procedures.

    21st normative documents do not retroactively, but otherwise provided by the laws, rules and regulations except in special cases.

    Chapter III of normative documents for the record

    22nd after the release of normative documents, shall from the date of publication in the 15th, by developing higher level executive authorities in accordance with the following provisions (hereinafter referred to as record supervisory authority) to submit for the record:

    (A) the normative document level people's Government for the record;

    (B) sectoral normative documents level people's Government for the record;

    (C) set up by the local people's Governments at or above the county level in accordance with normative documents established by the Agency, and local people's Governments at or above the county level report on the establishment of the Agency record;

    (D) as authorized by laws and regulations of the sector regulators have developed regulatory documents, reported that the people's Governments at the corresponding level for the record;

    (E) the vertical management departments enacted by the lower bodies of normative documents and competent administrative Department of the people's Governments at the corresponding level and higher level for the record.

    Two or more administrative organs have jointly developed by normative documents, sent by host organ for the record.

    Normative documents record the specific supervision, legal institutions by the Government in accordance with the second paragraph of this article sixth to announce a development authority, be determined and published together.

    Article 23rd filing legal body responsible for the normative documents of the supervisory authorities for the record review, performance recording review oversight responsibilities.

    Normative documents submitted to the local people's Governments at or above the county level shall record, path to the level people's Government legal agencies.
Article 24th submit regulatory documents filed shall submit the filing reports, normative documents of official texts and formulation (one original and three copies).

    Normative documents according to the laws, regulations, rules, and other development, when submitted for the record, the basis should be accompanied with a copy.

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

    25th article submitted to the normative documents for the record, in line with the requirements of article III of these rules, 24th, for the legal registration of the oversight bodies; does not meet the requirements of article III of the present regulations, no registration; comply with the provisions of article does not meet the requirements of the provisions of article 24th hold register.

    Suspension of register, by filing the legal organization of supervisory authority informed the development authority supplementary submission filed or submitted for the record again, complementing or re-submitted for the record in accordance with the provisions of, be recorded.

    Article 26th authority shall, before the end of January each year, the regulatory documents of the organs on a yearly basis, submit for the record the legal organization of supervisory authority for future reference.

    27th record oversight organ of the legislative bodies to submit the record of normative documents, review the following:

    (A) it is ultra vires;

    (B) are in breach of the laws, regulations, rules and policies, which conflicts with the other regulatory documents;

    (C) the appropriateness of the specified;

    (D) whether violations of procedures;

    (E) other matters should be reviewed.

    28th when examining normative documents record the legal organization of supervisory authority deems it necessary comments from relevant departments or local governments, competent authorities shall reply within the prescribed time; believes that the need for agencies on the situation, describe the enacting body shall, within the prescribed period.

    29th filed the legal organization of supervisory authority by the review found normative documents submitted for the record there is illegal or inappropriate content issues, be dealt with in accordance with the following provisions:

    (A) by record supervision organ of legal institutions requirements developed organ in provides time within itself corrected, developed organ should in provides term within corrected, and to record supervision organ of legal institutions written report processing results; developed organ no due reason late not corrected of, by record supervision organ of legal institutions business sent administrative law enforcement supervision decided book, ordered developed organ deadline corrected; still refused to corrected of, by record supervision organ of legal institutions drew attention to the record supervision organ decided revoked or change;

    (B) the proceeding may have serious consequences, before the enacting body to correct, record the legal organization of supervisory authority may draw record supervisory authority promptly to suspend implementation of the normative document part or all of the contents of the decision.

    Article 30th government regulatory documents and upper level regulatory documents are in conflict with or departments at the same level there is a contradiction between the normative documents, by filing the legal organization of supervisory authority to coordinate and put forward opinions involving Division of administrative responsibilities, and shall, together with the coordination of agencies working together.

    Record supervisory organs of legal normative documents of the authorities to submit for the record based on conflicting or inconsistent, not competent to deal with the people's Government at the same level should be higher people's Government legal agencies report, the upper-level people's Government legal agencies dealt with according to law, or that the duly empowered authorities.

    31st a citizen, legal person or any other organization normative documents conflict with the laws, rules and regulations, you can record written review recommendations of oversight bodies, by filing the legal organization of supervisory authority to be verified, study and put forward opinions, in accordance with the prescribed procedures.

    To review recommendations made by citizens, legal persons or other organizations, record the legal organization of supervisory authority considers it necessary to develop organs indicates a situation, describe the enacting body shall, within the prescribed period; need comments from relevant departments or local governments, competent authorities shall reply within the prescribed time.

    The enacting body to citizens, legal persons or other organizations to amend or even cancel the written recommendations of the normative documents, which should be verified; regulatory documents established by the discovery of its own there is a problem and should be modified or revoked.

    32nd the enacting body is not in accordance with the requirements of normative documents submitted for the record, by filing the legal organization of supervisory authority informed the enacting body to correct within serious cases, by filing the legal institutions of supervisory authority informed criticism.

    Issue refuses to correct existing normative documents, delaying corrective action, by filing the legal institutions of supervisory authority informed criticism; serious, adverse consequences, for the rule of law institutions may submit recommendations of the oversight bodies, by the enacting body's higher administrative authorities or supervisory authorities directly responsible for the charge and other direct liable persons shall be given administrative sanctions.

    Management of the fourth chapter of normative documents Article 33rd authority shall be once every two years on the normative documents on the cleanup. Does not meet the provisions of laws and regulations, rules or not adapted to the requirements of economic and social development of normative documents, it shall be amended or repealed.

    Continue to be valid after the cleanup, revocation and invalidation of regulatory documents, shall be announced to the public. Article 34th after the enacting body shall carry out normative documents assessment activities.

    Assessment of the normative documents and the specific measures, in accordance with the relevant provisions of the State and province.

    Article 35th organ shall summarize or normative documents compiled on a regular basis, and will collect and compile the information inform the level of government legal agencies.

    The enacting body shall establish and improve the normative documents electronic management system, accessible to the public free, download.

    36th normative documents of the enacting body and record monitoring organs should strengthen the team-building, ensure the Organization, staffing, funding arrangements, conditions of work commensurate with the task.

    The fifth chapter by-laws

    37th interpretation of normative documents, the enacting body is responsible for, in the form of regulatory documents published.

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

    Article 38th modification, revocation and interpreter of normative documents, reference to develop procedures to implement. 39th article of the regulations come into force on June 1, 2009. October 29, 1997, issued by the people's Government of Jiangsu Province, abrogated the provisions of the normative documents for the record review.