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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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(Adopted at the 5th ordinary meeting of the People's Government of the Länder on 26 March 2008, by Decree No. [2008] of 14 May 2008], which was published as effective 1 July 2008)

Chapter I General
Article 1, in order to strengthen the management of administrative normative documents of the executive organs, ensure the harmonization of the rule of law, preserve the legitimate rights and interests of citizens, legal persons and other organizations, and establish this provision in the light of the relevant laws, regulations.
Article 2 refers to the administrative normative documents referred to in this article, which are formulated and published by the Government and its functional offices in accordance with the legislative authority and procedures, which are generally binding on citizens, legal persons and other organizations.
Administrative normative documents are divided into administrative normative and sectoral administrative normative documents of the Government.
Article 3
Administrative normative documents issued in violation of this provision are null and void.
Article IV establishes administrative normative documents that are not in violation of constitutional, legal, regulatory and regulatory provisions and shall not be subject to orders, decisions of the superior administrative organs and shall not go beyond the terms of reference of the administrative organs.
The development of administrative normative documents shall not create administrative licence matters, nor shall administrative charges be established and administrative penalties and administrative coercive measures shall not be established.
Article 5 Administrative normative documents should be consistent with the principles of simplification, harmonization and effectiveness, which should be accurate and concise; the content of the provisions should be clear, specific and operational.
Article 6. In order to implement the laws, regulations, regulations and administrative normative documents of the superior administrative organs, the name of which is the phrase “implementation”.
Administrative normative documents are generally expressed in the form of provisions that are complex, in addition to content.
Drafting
Article 7. Drafting administrative normative documents to respond to the need for documentation, the feasibility of conducting research arguments, which can be consulted in the form of colloquiums, hearings, symposia and social statements.
Article 8
Sectoral administrative normative documents are specifically drafted by the relevant operational body or by the rule of law body.
Article 9. The content of administrative normative documents relates to the responsibilities of more than two departments of the current Government or in close relationship with other sectors, and the drafting sector should seek the views of other departments or work together with other departments.
Article 10
The drafting of the Government's administrative normative paper by the Government's rule of law bodies was sent to the Government for consideration by the Government, subject to review by the Government's rule of law institutions.
The Government's administrative normative documents drafted by sectoral organizations should be reviewed and revised by the Department's rule of law bodies, which lead to a collective discussion on the adoption of a draft, and submitted to the Government for its consideration by the Government's rule of law bodies.
Summary
Article 12
The administrative normative documents of the sector that have not been reviewed by the Government's rule of law bodies shall not be issued.
When the administrative normative documents of the sector are delivered, the authorities should submit the following materials to the Government's rule of law bodies:
(i) Communication of the trial;
(ii) Subscription of normative documents in the sector, drafting statements of five and electronic texts;
(iii) Relevant material for consultation;
(iv) Develop legal, regulatory, and regulatory bases for sectoral normative documents;
(v) Other relevant materials.
Article 14. The Government's rule of law body shall be reviewed within 20 working days of the receipt of the sectoral normative document and shall communicate the views in writing to the prosecution.
A more controversial, complex or sectoral administrative normative document involving other major complex issues could be extended through approval by the main heads of State rule of law institutions.
Article 15. Government rule of law institutions shall make a review of the views of the authorities regarding the administrative normative documents of the referral sector, in accordance with article IV of this provision.
Article 16 of the Government's rule of law bodies, with regard to the administrative normative documents of the delivery department, has one of the following cases, which should be accompanied by additional changes or temporary advice to return to the prosecution sector:
(i) Violations of article IV of this provision;
(ii) The basic conditions for developing sectoral administrative normative documents are not ripe;
(iii) The main content of the provisions of the sectoral administrative normative documents to be delivered is more controversial and the referral sector has not been fully consulted with the relevant departments and agencies.
Article 17 shall amend and supplement sectoral administrative normative documents, in accordance with the review of the Government's rule of law institutions.
Chapter IV Publication and interpretation
Article 18 establishes administrative normative documents of the Government, which are issued by the Executive Office of the Government after the adoption of the Government.
Sectoral administrative normative documents were issued after the signing of the main heads of departments. The sectoral administrative normative documents developed jointly by the two sectors were issued after the signature of the main heads of the two sectors.
Article 19 Administrative normative documents should be published in public journals, public information networks of the Government, or in the present administration.
Article 20 Norms of administrative normative documents should normally be carried out after 30 days of the date of public publication, and without delay after public publication would impede the implementation of administrative normative documents and could be implemented from the date of publication.
Article 21 Explanation of administrative normative documents is a governmental or governmental function for the development of the administrative normative document.
Documentation
Article 2
The Government's administrative normative documents developed by the People's Government of the District (zone) should be sent within 30 days of the date of publication to the municipal rule of law institutions.
Article 23, Administrative normative documentation, should be submitted to Government rule of law bodies for the following materials:
(i) Resolves;
(ii) The official text of administrative normative documents, indicating 10 copies;
(iii) The legal, regulatory and regulatory basis on which administrative normative documents are based;
(iv) Publicly issued certified material;
(v) Other relevant materials required for the request.
Article 24 of the Government's rule of law bodies should review the legitimacy of the administrative normative documents in the case, and make, as appropriate, recommendations for the withdrawal or reordering, and report to the Government of the people at this level.
Article 25 Government rule of law institutions shall compile annual reports of administrative normative documents developed by the Government of the people at this level and submitted by the Government of the people.
Chapter VI Oversight and responsibility
Article 26 Government rule of law institutions should clean up on a regular basis the current level of administrative normative documents and, in accordance with laws, regulations, regulations and regulations, promptly amend or repeal the published administrative normative documents.
Article 27 of the municipal rule of law institutions are responsible for monitoring the development and management of administrative normative documents of the municipal government functional, district (zone).
The authorities of the State (zone) are responsible for overseeing the development and management of administrative normative documents in the functioning of the Government of the District (zone).
Article 28 of the Government's rule of law institutions conduct oversight inspections of the development and management of administrative normative documents, which may be dealt with in different circumstances.
(i) The issuance and issuance of sectoral administrative normative documents without review by the Government's rule of law bodies may be brought to the Government of the people at this level to withdraw the document and to make public announcements of the document;
(ii) In relation to the administrative normative documents of the Government of the District (zone) that have not been documented and in violation of article IV of this provision, the municipal rule of law institutions should make proposals to the municipal authorities for the revocation or correction of orders. The municipal rule of law institutions should make public announcements of the body of the original document when it was cancelled or corrected.
Article 29 does not refer to or file administrative normative documents in accordance with this provision, which is restructured by the Government's rule of law organs; the Government's rule of law institutions may bring to the administrative responsibility of the principal heads of State and those responsible, in accordance with the Civil Service Act of the People's Republic of China.
Article 33 Civil, legal and other organizations consider that the public publication of administrative normative documents is not in accordance with article IV of the present article and may make recommendations for review to the rule of law institutions of the Government.
The Government's rule of law bodies should respond in a timely manner to the recommendations of the review.
Chapter VII
Article 31 The Act of 19 January 2005 of the Government of the People of the Länder of the State of the Interior (No.