(June 18, 2008 7th meeting consideration of the people's Government of Gansu province on July 2, 2008, Gansu Provincial people's Government promulgated as of September 1, 2008, 46th), first in order to strengthen the management and oversight of regulatory documents, maintain the uniformity of the legal system, and ensure that Government decrees to promote administration according to law, in accordance with relevant laws and regulations, combined with the facts of the province, these measures are formulated.
Article of normative documents in the administrative area of the province drafting, reviewing, publishing and recording and supervision, these measures shall apply.
Provincial people's Government and the development of normative documents in the Office of management, based on the relevant provisions of the State.
Third normative documents referred to herein, refers to the work of the provincial people's Governments at all levels and their departments, agencies and the management of public affairs is authorized by laws and regulations Organization (hereinafter referred to as the enacting body), pursuant to statutory authority and procedures relating to citizens, legal persons and other rights and obligations of organizations, generally binding, documents can be applied repeatedly.
The internal working of the Executive, technical procedures and personnel, finance and Foreign Affairs have drawn up for these procedures do not apply.
Fourth people's Governments above the county level shall perform level oversight responsibilities to departments and normative documents on supervision and administration of the people's Governments at lower levels.
Fifth rule of the people's Governments above the county level legal work of working bodies, government departments and agencies, under the leadership of the people's Governments at the corresponding level, this sector, specifically responsible for the implementation of these measures. Sixth article has following case one of of, can developed normative file: (a) related legal, and regulations, and regulations and national policy authorized developed related normative file of; (ii) related legal, and regulations, and regulations and national policy on a while of administrative work yet made clear provides of; (three) related legal, and regulations, and regulations and national policy on a while of administrative work is has provides, but provides not specific, and inconvenience operation of; legal, and regulations and regulations has clear provides of content,
Normative document provisions, in principle, will not repeat.
Article seventh the following institutions shall make no normative documents: (a) temporary organizations, (ii) the organs of the Executive, (iii) the agencies of the Executive and (iv) commissioned by the administration of law enforcement agencies. Article eighth normative documents regulatory documents periodic cleaning evaluation system should be established. After the cleanup is completed, development authorities should be accountable to the public continue to be valid, revocation and invalidation of the regulatory documents.
Development of normative documents on the basis of laws, rules, regulations and policy measures have been modified or adjusted, the effectiveness of regulatory documents shall be terminated. Nineth government regulatory documents by the relevant government authorities or legal work of the Government agencies organize the drafting. Sectoral normative documents by departments of the business or legal bodies responsible for drafting.
When necessary, you can invite or authorize the relevant experts, research bodies.
Tenth draft normative documents related to other departments, closely related to the institutional responsibilities with other departments, agencies or drafting departments shall consult other departments, agencies or jointly by two or more departments, agencies drafted.
11th standard file name you can use the "rules", "way", "decisions" and so on, but will not use "law", "regulations".
Administrative areas of normative documents of title shall be preceded by the name of the Government, departmental normative documents of title shall be preceded by the enacting body's name.
Normative documents in the form of provisions, apart from the content outside the complex, are generally not divided into chapters and sections.
12th normative documents may not be set to the following: (a) administrative licensing items; (b) matters of administrative penalties; (c) the compulsory administrative measures and (d) administrative fees; (v) shall be determined by law, regulations, regulatory matters or to a superior administrative authority.
Normative documents on the implementation of specific provisions of the laws, regulations and rules, no additional obligation of citizens, legal persons and other organizations, shall not limit the rights of citizens, legal persons and other organizations.
13th normative documents by the enacting body is responsible for the interpretation.
Normative document drafted authorities not to authorize departments or agencies exercising power of interpretation.
Article 14th draft normative documents should be structured, clear, text wording accurate and concise, with maneuverability, in line with national administrative document processing specifications and requirements.
15th report to the normative documents issued by the people's Governments above the county level, first instance, by the drafting Department's Office of Legislative Affairs, and drafting relating to collective deliberation, formed draft, submitted to the legal work of the Government at the same level institution. Department of normative documents by the Department to review and revise a legal working body.
Without a legal working body, specialized legal staff are responsible for the audit work should be identified.
16th article drafting sector in submitted normative file trial draft Shi, should submitted following file and material: (a) drew attention to the audit of report; (ii) normative file trial draft text; (three) normative file drafting description; (four) drafting normative file by according to of legal, and regulations, and regulations and policy and superior administrative organ of related normative file; (five) sought views of related material; (six) other about material. Article 17th legal work of the Government agencies to review and revise the regulatory documents draft and submit written comments.
Audit the main elements are: (a) it has the necessity and feasibility of developing, (ii) is beyond the statutory authority of the enacting body, (iii) if the laws, regulations, rules and policies contradict the provisions of and (iv) specific provisions are appropriate, (e) coordination and handling of differences, (vi) other contents need to be audited. Article 18th legal work of the Government body normative documents draft audit, you need to seek the views of the relevant departments, the departments concerned shall reply in writing within the time limit specified.
Fails to reply to comments, as no changes. Related departments have a significant disagreement on the content of the draft regulatory documents, legal work of the Government agencies should coordinate, coordination fails, by the General Office of the people's Governments at the corresponding level (lounge) coordination or approval of the level people's Government for decision.
Coordination and handling of major differences of views should be stated in the audit opinion.
19th Government Office of Legislative Affairs at the time of examination of the draft regulatory documents, hearings should be taken, feasibility study meeting, seminar or draft to the public means of hearing the views of citizens, legal persons and other organizations.
Citizens, legal persons and other organizations for comments and suggestions on the draft normative documents, legal working body of the Government should be dealing with, and feedback and suggestions. Article 20th the Government draft legal working body of normative documents should be processed within 30 working days from the date of receipt.
Complex, controversial or involves other significant problems, approved by the Chief Government legal agencies, can be extended by 15 working days, and should inform the drafting Department.
21st the Government legal authority to audit documents draft amendments, considered subject to this regulation, are basically mature, audit observations, submitted to the people's Governments at the corresponding level for consideration.
22nd article trial of normative file has following case one of of, government legal work institutions should proposed not agreed, and suspended developed or added modified of audit views, written told drafting sector: (a) not meet this approach 16th article, and 17th article provides of conditions; (ii) developed of basic conditions is not mature of; (three) about sector on normative file trial draft provides of main content exists larger dispute, and not and drafting sector consultations consistent of.
23rd the township (town) people's Government in relation to the vital interests of citizens, legal persons and other organizations documents should be reviewed by the higher people's Government implemented the predecessor before the release. 24th draft normative documents should be considered collectively by the enacting body convened the meeting concerned.
After the adoption, by the enacting body in charge of issuing, and using special normative documents of document subject Dick in the official generic term.
Normative documents developed jointly by two or more departments, issued jointly by the departments in charge. 25th regulatory documents shall be determined by the enacting body to the public.
Was not announced to the public, not as the basis for Administration.
Regulatory documents shall be in Government publications, government public information network or local major newspapers published. The township (town) people's Government should be established in public bulletin board announcing its regulatory documents.
Published on 30th.
After 26th normative documents implemented, should be submitted to the higher authorities for the record within the statutory time limit, specific matters in accordance with the regulations normative documents for the record review, Gansu province (provincial 11th order) regulations.
27th normative documents at the point of issue of the production of regulatory documents, should be made available simultaneously to the authorities a legal working body normative documents record the quantity required texts and related materials, by the Office of Legislative Affairs submitted to the higher authorities for the record. 28th government legal authority to review submissions filed regulatory documents, materials or on the need for the Office, the enacting body shall, after receiving the notice within the 7th or submit materials to explain the situation.
Requires relevant departments to assist in the review, or seek the views of the relevant departments, and departments concerned should within a response in writing. Article 29th normative documents authorities refusing to comply with the normative documents for the record program or monitoring to avoid intentionally concealed normative documents, reviewed by the filing of a legal working body of the Government drew the same level people's Governments shall give notice of criticism, rectification. In serious cases, reported to the people's Government at the same level, normative documents according to law shall be revoked, and announced to the community.
The enacting body shall, in accordance with article 30th normative documents record review comments by the authorities, and to modify or repeal the normative documents in a timely manner.
Issue refuses to correct existing normative documents, delaying corrective action, ordered corrective action and to give notice of criticism by the authorities at, refuses, normative documents according to law shall be revoked, and announced to the community.
Normative documents from the date of publication of the revocation is invalid.
Article 31st of citizens, legal persons and other organizations to view regulatory documents is inconsistent with the laws, rules, regulations, or inconsistent with the relevant policies and regulations, may appeal to the superior authority of the enacting body's review recommended that the competent authorities shall be dealt with in a timely manner, and the results written to draw attention to people.
32nd normative documents should be in accordance with the law, rules, regulations and national policy adjustments, to clean up the existing normative documents in a timely manner. Normative documents drawn up by the former Government Department responsible for cleaning up. Original drafting departments have been merged, removed or function, by now undertake the functions of the departments responsible for cleaning up.
Cleaning sector should be provided to the Government recommendations on normative documents, reported that the level of Government decisions.
33rd article violates this approach to regulatory documents, damage the lawful rights and interests of citizens, legal persons and other organizations, if the circumstances are serious, adverse consequences, on developing agency principals and persons directly responsible shall be given administrative sanctions. 34th legal work of the Government authority is not in accordance with these rules to develop the normative documents audit, filing and examination of negligence, by the people's Governments at the corresponding level a rectification, give notice of criticism.
The circumstances are serious, adverse consequences, its head and persons directly responsible shall be given administrative sanctions.
35th these measures shall come into force on September 1, 2008.