Lanzhou City Administrative Normative Documents And Filing Requirements

Original Language Title: 兰州市行政规范性文件制定和备案规定

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(March 26, 2008 Lanzhou City Government 5th times Executive Conference considered through May 14, 2008 Lanzhou City Government makes [2008] 1th, announced since July 1, 2008 up purposes) first chapter General first article for strengthening administrative organ administrative normative file of management, ensure law administrative, maintenance legal unified, maintenance citizens, and corporate and other organization of lawful rights and interests of, according to about legal, and regulations provides, combined this city actual, developed this provides.
    Administrative normative document referred to in the provisions of article, refers to the Government and its functions in accordance with the statutory powers and procedures are developed and issued to the public, citizens, legal persons and other organizations repeated application of universally binding files.
    Administrative normative document administrative normative documents and normative documents of departments of the Government.
    Article city, County (district) people's Governments and their departments administrative normative document drafting, reviewing, decision, disclosure, filing, cleaning, and interpretation activities, these provisions shall apply.
    Administrative normative documents issued by the violation of the provisions of the development is not valid.
    Fourth administrative normative document, shall not violate the provisions of the Constitution, the laws, regulations and rules, shall not be contrary to the higher administrative authority orders, decisions, should not go beyond the terms of reference of the Executive.
    Development of normative documents, not to create administrative licensing items shall not set administrative charges, not to create administrative punishment and administrative compulsory measures.
    Article fifth administrative normative documents shall comply with the principle of simplification, uniformity and efficiency, the term should be accurate and concise; provisions should be clear, specific, operational. Sixth administrative normative document name, generally called "rules", "way", "rule", "decisions" and "notices" and so on.
    Where the content for the implementation of laws, regulations, rules and administrative normative documents of the higher administrative authority, whose name the former General called "implementing" two words.
    Administrative normative documents General provisions, apart from the content outside the complex, are generally not divided into chapters and sections.
    Chapter drafted seventh draft normative documents, dealing with research on the necessity and feasibility of developing documents demonstrate, seminars, hearings, feasibility study meeting, to the public in the form for comments.
    Eighth government administrative normative documents by the Government legal organization or relevant functional departments of the Government organize the drafting.
    Departments within the normative documents by the relevant operational agencies or institutions specifically responsible for the drafting of the legal system.
    Nineth administrative normative documents related to the level of Government more than two departments or work closely with other departments, drafting Department shall seek the views of other departments, or drawn up jointly with other departments.
    Tenth administrative normative documents shall be subject to Administrative Department legal review, modification, Department leading group for discussion and adoption.
    11th government legal agencies of government administrative normative document draft drafting, after examination by the Government legal organization, reported to the Government for consideration.
    Sector organizations to draft government regulatory documents shall be subject to Administrative Department legal review, modification, Department leading group discussion by forming a draft, after examination by the Government legal organization, reported to the Government for consideration.
    Chapter III administrative front-review of the 12th Department administrative normative documents regulatory documents shall be released to the legitimacy of the people's Government legal agencies to review before.
    Without the consent of government legislative bodies in reviewing the administrative normative document shall not be released.
    13th article sector administrative normative file trial Shi, trial sector should to government legal institutions submitted following material: (a) trial letter; (ii) sector normative file trial draft, and drafting description the 5 copies and the electronic text; (three) sought views of about material; (four) developed sector normative file of legal, and regulations, and regulations, according to; (five) other about material.
    14th government legislative bodies should receive draft sector normative documents within 20 working days after the review is completed, and will review the opinion in writing notify the submitting departments.
    On the controversial and complex content, or other major problems involved administrative normative document draft, approved by the Chief Government legal agencies, you can extend the review time.
    15th government legislative bodies for approval of departmental administrative normative documents, in line with the provisions of this article fourth, made comments of approval.
    16th article government legal institutions on trial of sector administrative normative file, has following case one of of, should proposed added modified or suspended developed of views, returned trial sector: (a) violation this provides fourth article provides of; (ii) developed sector administrative normative file of basic conditions is not mature of; (three) about sector on sector administrative normative file trial draft provides of main content exists larger dispute, trial sector not and about sector, and institutions full consultations of.
    Article 17th approval departments shall, in accordance with the Government legal organization reviews, to amend, supplement the sector administrative normative documents.
    Released the fourth chapter and the interpretation of article 18th in the Government administrative normative document, considered by the Government is passed, by the Office of the Government (RM) is responsible for publishing. Signed by the heads of major departments administrative normative documents after the release.
    Two or more branches of the departmental administrative normative document, signed by two or more departments in charge after the release.
    19th administrative normative documents should be in the level of Government-Government publications or public offerings within the administrative area of this level of newspaper, published on the Government public information network.
    20th General administrative normative documents shall come into force after the public release date of the 30th, published immediately after the execution could affect implementation of administrative normative document, can be implemented from the date of public release.
    21st administrative normative document explains rights belong to develop administrative normative documents on Government or Government departments.
    Fifth chapter record 22nd sector administrative regulatory documents shall be from the date of publication in the 30th, sending the people's Governments at the corresponding level legal filings; two or more departments jointly developed normative documents, by the sponsoring department is responsible for the record.
    The County (district) administrative normative document of the Government established by the people's Governments shall be from the date of publication in the 30th, sending legal filings.
    Article 23rd administrative normative document filing, shall submit to the Government legal organization of the following materials: (a) filing correspondence; (b) the administrative normative document text, note 10; (c) the administrative normative document on the basis of laws, regulations, rules, etc basis; (d) publicly available documentation; (e) the filing needs of other related material.
    24th the Government legal organization administrative normative documents on the legitimacy of the record should be reviewed, as appropriate, make recommendations for cancellation or correction, this level people's Government for decision.
    25th government legislative bodies should be of the people's Governments at the corresponding level development and the people's Governments at the corresponding level administrative normative documents on the annual compilation of the departments for the record.
    The sixth chapter supervision and responsibility article 26th government legal agencies should regularly clean the level administrative normative documents, in accordance with laws, regulations, regulations are administrative normative documents have been released in time for amendment or repeal.
    27th legal institutions are responsible for the municipal government departments, County (district) Government administrative normative documents and management of supervision and inspection.
    The County (district) Government legal body responsible for the County (area) Government functional departments of administrative normative document developed and management of supervision and inspection. 28th article government legal institutions on administrative normative file of developed and management situation for supervision check Shi, can according to different situation made following processing: (a) on without government legal institutions review and issued, and released of sector administrative normative file, can drew attention to the this level Government revoked the file, and in public released the file of carrier Shang announcement; (ii) on without record and violation this provides fourth article of County (district) Government administrative normative file, Legal institutions should be revoked or shall be ordered to correct the recommendations to the municipal government.
    Cancelled or corrected, legal bodies shall be announced in the public release of the original file on the carrier.
    Not in accordance with the provisions of article 29th administrative normative documents sent for approval or for the record, legal institutions by the Government shall order rectification refuses, and government legal agencies may ask the administrative supervision and other departments concerned in accordance with the People's Republic of China Law on civil servants hold their chief administrative responsibility and persons.
    Article 30th citizens, legal persons and other organizations that publicly promulgated administrative normative documents do not comply with the provisions of article fourth, reviews recommendations to the Government legal agencies.
    Government legal agencies review recommendations of the review should be timely response of citizens, legal persons and other organizations. Seventh chapter supplementary articles article 31st these provisions come into force on July 1, 2008.
                                                                                                    Lanzhou city, Lanzhou municipal people's Government, issued on January 19, 2005 the normative document filing rules (lanzheng [, 2005]7) repealed simultaneously.

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