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Gansu Province Normative Document Management

Original Language Title: 甘肃省规范性文件管理办法

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(The 7th ordinary meeting of the Government of Gangong Province, held on 18 June 2008, considered the adoption of the Decree No. 46 of 2 July 2008 of the People's Government Order No. 46 of 2 July 2008, effective 1 September 2008)

Article 1, in order to strengthen the management and oversight of normative documents, to preserve the unity of the rule of law, to ensure that political orders are made accessible and to promote the administration of the law and to develop this approach in the light of the relevant laws, regulations.
Article 2
The management of normative documents developed by the Government and its Executive Office is based on the relevant provisions of the State.
Article 3. The normative document referred to in this approach refers to the organization of work of the people at all levels of the province, relevant bodies and laws, legislation authorizing the management of public affairs (hereinafter referred to as the establishment of the body), which is based on statutory competence and procedures, is generally binding and applicable documents.
The internal system of work of the executive branch, the technical course of operation and the documentation developed on matters such as personnel, finance and extermination are not applicable.
Article 4
Article 5
Article 6 has one of the following cases, and normative documents can be developed:
(i) Relevant laws, regulations, regulations and national policies authorize the development of relevant normative documents;
(ii) The relevant laws, regulations, regulations and national policies have not yet been specified for administrative work in a particular area;
(iii) The relevant laws, regulations, regulations and national policies provide for administrative work in a particular area, but do not specify and operate;
The content already specified in laws, regulations and regulations does not in principle duplicate provisions.
The following Article 7 bodies shall not formulate normative documents:
(i) Interim institutions;
(ii) The internal structure of the executive branch;
(iii) dispatch agencies of the executive branch;
(iv) Agencies entrusted with law enforcement by administrative authorities.
Article 8. The normative document formulation body should establish a system for regular clean-up assessment of normative documents. Upon completion, the development of a directory of normative documents that continue to be effective, repealed and invalidated to society. The legal, regulatory, regulatory and policy measures based on the development of normative documents have been modified or adjusted and the effectiveness of normative documents should be terminated.
Article 9 Government normative documents may be drafted by the competent authorities of the Government or by the Government's rule of law institutions. Sectoral normative documents are drafted by the relevant business agencies of the sector or by the rule of law institutions. Relevant experts, research institutions may be invited or commissioned if necessary.
The normative document drafted involves other departments, institutional responsibilities or close to other sectors, institutions and agencies, and the drafting sector should seek advice from other departments, agencies or co-drafted by more than two departments, agencies.
Article 11. The name of the normative document may be used by “the provision”, “the approach”, “decision” etc.”, without the use of “laws”, regulations”.
The title of normative documents of the Government should be made available in the name of the present administrative region, and the title of sectoral normative documents should be made available for the formulation of the name of the organ.
Normative documents are generally made in the form of the provisions, in addition to the complexity of the content, they are generally not subject to chapters or sections.
Article 12
(i) Administrative licence matters;
(ii) Administrative penalties;
(iii) Administrative coercive measures;
(iv) Funding projects for administrative purposes;
(v) Other matters to be regulated by law, regulations, regulations or superior administrative bodies.
Nor may the obligation of citizens, legal persons and other organizations be limited to the rights of citizens, legal persons and other organizations, as specified in the laws, regulations and regulations.
Article 13 Normative documents are interpreted by the designating body.
The organs shall not authorize the competent departments or bodies to exercise the right to interpret normative documents.
Article 14. The drafting of normative documents should be structured, and it is clear that terms are accurate, concise and operational and are in line with the norms and requirements of public administration.
Article 15 reports of normative documents issued by the Government of the people at the district level, first instance by the drafting sector's rule of law working body and, after the drafting sector's collective consideration of the Conference, the preparation of a draft of the report to be sent to the governing body of government rule of law.
Sectoral normative documents are subject to review by sectoral rule of law institutions. Without the establishment of a rule of law body, specialized rule of law staff should be identified to be responsible for the review process.
Article 16 shall submit the following documents and materials to the Drafting Group when presenting the copies of normative documents to the Conference:
(i) Reports to be reviewed;
(ii) Text of the draft of the normative document;
(iii) Drafting notes on normative documents;
(iv) The drafting of laws, regulations, regulations and policies on which normative documents are based, as well as relevant normative documents of the superior administration;
(v) Relevant material for consultation;
(vi) Other relevant materials.
Article 17 The Government's rule of law body is responsible for the review of the draft of normative documents and for the written review. The main elements of the review are:
(i) Whether there is a need and feasibility for development;
(ii) Would go beyond the statutory competence of the body in place;
(iii) Are incompatible with legal, regulatory, regulatory and related policy provisions;
(iv) specify whether appropriate;
(v) Coordination and treatment of differences;
(vi) Other needs to be reviewed.
Article 18 of the Government's rule-of-law body conducts a review of the delivery of normative documents and requires the consultation of the relevant departments, which should respond in writing within the time frame. The late failure to respond to comments was seen as no change.
The relevant sectors have significant differences in the content of the draft normative document, and the Government's rule of law institutions should be coordinated and coordinated by the Executive Office of the Royal People's Government (rooms) or invited the Government of the people at this level. Coordination and treatment of important disagreements should be reflected in the review.
In reviewing the draft normative document, the rule of law institutions of the Government should take steps to hold hearings, seminars, colloquiums or publicize drafts to civil, legal and other organizations.
Civil, legal and other organizations have made observations and recommendations on the content of the draft normative document, and the Government's rule of law institutions should study and adopt their feedback and recommendations.
Article 20 The content is complex, controversial or related to other important issues, with the approval of the main heads of the Government's rule of law bodies, which may extend 15 working days and shall be communicated to the drafting sector.
Article 21, the Government's rule of law body, after a review of the draft of normative documents, is of the view that it is in line with the provisions of this approach, with a view to making a review and submitting it to the Government for its consideration.
Chapter II contains one of the following cases in which the Government's rule of law working body should provide an audit of non-consatisfiance, suspension or modification, and inform the drafting sector in writing:
(i) Incompatible with the conditions set out in article 16 and article 17 of this approach;
(ii) The basic conditions established are not ripe;
(iii) The authorities concerned have greater controversy over the main elements of the provisions of the draft articles on the delivery of normative documents and have no consensus with the drafting sector.
Article 23 (Central town) Governments have developed normative documents dealing with the major interests of citizens, legal persons and other organizations, which should be issued by the Government of the High-level People's Government before the review.
The draft normative document should be considered collectively by the body concerned. After the consideration of the adoption, the main holder of the design body was issued and special language was used in the context of the topic of normative documents.
Normative documents developed jointly by two departments are issued by the heads of departments.
Article 25 Normative documents should be made available to society by the designating body. Unpublished societies cannot be used as a basis for the administration.
Normative documents should be published in government journals, government public information networks or local newspapers.
The Government of the communes (communes) should establish a notice column in public places to publish its normative documents. The publication was not less than 30 days.
Article 26, after the publication of normative documents, should be sent to the executive branch within the statutory period to be implemented in accordance with the provisions of the Manual for the Review of the Normative Document of the Gang Province (Act No. 11 of the Provincial Government).
In the production of normative documents by the author of the normative document, the texts of normative documents and related materials required to provide the body of the rule of law in this organ with the required number of copies of normative documents and related materials should be sent to the executive branch of the rule of law.
When article 28 of the Government's rule of law work agencies review the normative documents of the referral case, it is necessary to establish the body to provide the relevant material or to clarify the circumstances, and to establish the organ to send the material or to provide information within 7 days of the notification. The departments concerned need assistance in reviewing or seeking advice from the relevant sectors, and the authorities should respond to written observations on a time limit.
Article 29 establishes organs that refuse to comply with the normative documentation process or wilfully conceal the existence of normative documents to avoid oversight, and the Government's rule of law, which is reviewed on a case-by-case basis, reminds the Government of the same period of time. In serious circumstances, the Government of the High-level People's Government has approved the withdrawal of normative documents in accordance with the law and the publication of society.
Article 33 The normative document formulation body shall modify or repeal the normative documents in a timely manner, in accordance with the request for review by the superior body. The issue of normative documents was refused to correct and delay corrective action, which was corrected and criticized by the superior authority, was not rectified, and the normative documents were repealed by law and made public.
The revised normative document was null and void from the date of publication.
Article 31 states that citizens, legal persons and other organizations consider that normative documents are incompatible with the law, regulations, or with the relevant policy provisions, and that the review recommendations made by the superior organs of their development bodies should be addressed in a timely manner and that the results should be communicated in writing.
Article 32 The normative document formulation body should promptly clean the existing normative documents in accordance with the changes in laws, regulations, regulations and national policies.
The normative document of the Government is to be cleared by the former drafting sector. The former drafting sector has been consolidated, removed or modified to function, and is to be cleared by the sector now assuming this function. The clean-up sector should, in accordance with the circumstances, make recommendations for the treatment of normative documents of the Government, report on the Government's decisions.
Article 33 establishes normative documents in violation of this approach, which undermines the legitimate rights and interests of citizens, legal persons and other organizations, with serious consequences, and gives administrative treatment to the principal executive heads and those directly responsible for the development of organs.
Article 34 of the Government's rule of law enforcement agencies do not conduct a review, filing and review of normative documents in accordance with the present approach, have no job error, and are criticized by the Government of the people at this level. In serious circumstances, the adverse consequences have resulted in the administrative disposition of their principals and those directly responsible.
Article 55 of this approach is implemented effective 1 September 2008.