Normative Documents, Luoyang City Procedures And Filing Practices

Original Language Title: 洛阳市规范性文件制定程序和备案办法

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(April 11, 2008 Luoyang Government 13th times Executive Conference considered through April 13, 2008 Luoyang Government makes 100th, announced since June 1, 2008 up purposes) first article to strengthening normative file of management, guarantee normative file legal, and effective, according to state regulations developed program Ordinance, and regulations regulations record Ordinance and Henan province regulations normative file record approach, about provides, combined this city actual, developed this approach.
    Normative documents referred to in article, refers to the city and County (city, district) Governments (Government offices) and its affiliated departments and township government within the terms of reference formulated and announced to citizens, legal persons and other organizations with General binding force of decisions and orders, opinions, notices, circulars, notices and other documents in General.
    Normative document drafting, examining and deciding article III, publication, record, apply these measures.
    Preparation of the draft local regulation, regulatory, internal work and make a specific administrative act, the procedures do not apply.
    Article fourth regulatory documents shall create administrative license, the administrative punishment and administrative compulsory measures and administrative fees.
    Terms should be accurate, concise article fifth normative documents, the content should be clear, specific, the structure should be rigorous, scientific, with maneuverability.
    Contents of the laws, regulations and rules have been clearly defined, normative documents General provisions will not repeat.
    Sixth city, County (city, district) Governments and their departments before publishing normative documents shall be subject to legal review its legal organization without review or the review of legality does not pass may not be implemented. Article seventh City Council of normative document drafted by the Office of the municipal government, or by the respective departments of the municipal government or legal body responsible for the drafting process.
    The respective departments of the Municipal Government is responsible for drafting shall be subject to legal review of the Department.
    Eighth draft normative documents, should conduct in-depth studies and practical experience, listen to views from all sides, on an important issue or involve vital interests of citizens, legal persons and other organizations should be adopted by the comments in the form of a seminar, feasibility study meeting or hearing. Nineth normative documents relating to two or more departments, drafting units should seek the views of relevant departments.
    Have different views should be full consultations, consensus still cannot be reached through consultation, drafting unit at the time of reporting regulatory documents draft, should be attached to the relevant instructions. Article tenth of the respective departments of the Municipal Government is responsible for drafting normative documents draft shall be submitted to the city government offices.
    City Office should be established by normative documents need to review changes the content, wording, format, etc, and the draft.
    11th City Council draft normative documents of the municipal government or municipal government office after the approval, by the legal bodies on the draft regulatory documents for compliance laws, rules, regulations and normative documents of superior legitimacy to review and issue review.
    Normative documents drawn up by the respective departments of the municipal government, to legal bodies should be submitted to the audit opinion issued by the legal institutions in this sector.
    12th City Office according to legal review, modifications to the draft normative documents on the City Council, forming the amended draft, reported to the Standing Committee of the municipal government or the municipal government approval.
    And other normative documents of the joint municipal authorities, as well as the vital interests of citizens, legal persons and other organizations an important normative documents, reported to the Standing Committee of the municipal government or the Municipal Government before the examination should also document audit team audit by the municipal government.
    13th City Council of normative documents issued by the municipal government leaders. Normative documents issued, and printed by the Office of the municipal government the necessary text.
    Text shall set forth the enactment organ, the posting name, file name, date of adoption, the timing and date of issue.
    After 14th normative documents, must be through the Official Gazette, Government Web sites, the media and to the public; not been made public, shall not be applied in administrative enforcement process. Text should be sent under the provisions of normative documents in the Office of the municipal government, the municipal government information office after the audit, normative documents in a timely manner a paper text and electronic versions sent bulletin Newsroom and city government information center of the municipal government. City bulletin Newsroom and City Government Information Center after receiving a text, should regulatory documents in a timely manner in the Luoyang City Government bulletin and posted on the website of the municipal government.
    Directly related to the vital interests of citizens, legal persons and other organizations an important normative documents should also be advertised in the Luoyang daily newspaper and other news media.
    The Luoyang City Government texts published in the official journal of the normative documents for the standard version.
    15th Municipal Government should be at the municipal administrative service center, normative documents of the national archives, public library access, convenience of citizens, legal persons and other organizations, to obtain or copy.
    16th of municipal and County (city, district) Government legal organization under the leadership of the Government at the corresponding level, in accordance with the regulations, is responsible for the normative documents for the record review, fulfilling filing oversight responsibilities.
    17th normative documents record grading management and necessary, the principle of trial, any mistake will be corrected.
    18th legal institutions should be at City Hall within 30th of normative documents issued, to the provincial people's Congress Standing Committee, provincial governments, municipal people's Congress for the record. 19th article other normative file according to following program record: (a) city, and County (city, and district) Government belongs work sector of normative file should since released of day up 20th within reported this level government record; (ii) city, and County (city, and district) Government belongs work sector and other organ joint developed of normative file, by hosted sector since released of day up 20th within reported this level government record; (three) County (city, and district), and township government of normative file should since released of day up 30th within reported Shang level government record,
    County (city, and district) Government of normative file also should to this level Standing Committee record; (four) vertical management sector of normative file, except according to this system of provides to superior competent sector record outside, also should since released of day up 20th within reported this level government record; (five) city, and County (city, and district) Government belongs work sector centralized management institutions of normative file by management sector reported this level government record.
    20th to submit regulatory documents filed, shall submit the following documents and materials: (a) the normative documents for filing reports, (ii) 3 copies of the documents full text and (iii) develop audit observations of the institutions of the legal system.
    If necessary, should also be submitted to the development of normative documents is based on the laws, rules and regulations, as well as a superior regulatory documents.
    Article 21st normative documents of record, shall implement the relevant provisions of the municipal government, take the form of document exchange, mail or by personal delivery, we sent city, County (city, district) Government legal agencies.
    22nd article city, and County (city, and district) Government legal institutions received record of normative file Hou should for registration, and on following matters for review: (a) whether beyond permission; (ii) whether violation legal, and regulations, and regulations or superior normative file of provides; (three) normative file Zhijian on same matters of provides inconsistent, whether should change or revoked; (four) normative file of content whether appropriate; (five) whether against statutory program. Examining the matters provided for in this article 22nd 23rd article, shall receive the filing within 30th of this review has been completed.
    30th cannot be examined and approved by the head of rule of law institutions could be extended, but extend the deadline up to 20th.
    Examining normative documents record 24th article, need comments from relevant organs or units, organs or units concerned shall reply within the time provided in the view regulatory documents of questionable authority need to be developed to explain the situation, can contribute to the development authority of the normative documents for the record review for your cover letter, the enacting body shall, in accordance with the requirements of the letter back to you.
    Review of normative documents record, if necessary, organization feasibility study meeting or hearing. 25th, upon examination, to go beyond the terms of reference, illegal or inappropriate regulatory documents, government legislative bodies responsible for recording review the normative documents for the record should be sent to the enacting body to review recommendations, called for authorities to correct.
    The enacting body shall from the date of receipt of the proposal in the 30th to correct and feedback; fails to correct, approved by the legal bodies reported to the level of Government be revoked within 60 days.
    City, County (city, district) Government legal agencies review the vertical management departments of normative documents and found illegal and inappropriate, shall be submitted to the provincial government legal agencies according to law. Article 26th file conflicting between the normative documents, should be coordinated.
    Coordinated agreement, all parties concerned should implement; there is no consensus, comments should be submitted to the Government decision.
    27th article identified by the review legal, appropriate normative documents or correct themselves after a legitimate and appropriate normative documents, government legislative bodies responsible for recording review should be published on a quarterly basis list, and CC at the people's Court. Article 28th of normative documents developed organ or unit shall, in accordance with the requirements to submit to the Government legislative bodies responsible for recording review list of all files. Government legislative bodies responsible for recording review should be periodic verification of normative documents in the files directory and its legality and appropriateness.
    Verification Unit should be matched.
    29th State organs, social organizations, enterprises, institutions or citizens consider normative documents of any unlawful or inappropriate, written recommendations to the Government legal agencies above the county level. Review proposals in writing in government legal agencies above the county level, belong to the jurisdiction of the Government, should be reviewed in accordance with these regulations, and to inform the proponent in the 30th results do not belong to the jurisdiction of the Government, should be transferred to the jurisdiction of the administrative organs.

    Article 30th normative documents are not in accordance with the means of the approval or for the record, is not complying with the statutory procedures.
    Normative documents of any unlawful or inappropriate, Henan province, according to provincial government administrative law enforcement accountability provisions of the pilot scheme to hold relevant agencies and personnel responsibilities. 31st normative documents valid for systems, regulatory document shall set forth the specific expiration date.
    City Council of normative documents of normative documents of a maximum period not exceeding 5 years from the date of issue; Department work the city and County (city, district) and the work of the Government departments, Township of regulatory documents regulatory documents a maximum period of not more than 3 years from the date of issue. The enacting body that normative documents need to be continued after the expiry of, shall, before the expiry of 6 months to evaluate the implementation file.
    After assessment, regulatory documents without modifying the content, development authority shall publish in the continued implementation of the decision to file; the contents of the file need to be changed, according to the assessment of the amendments.
    Article 32nd involving citizens, legal persons and other organizations the right purposes or other important matters of normative documents after a certain time, the enacting body shall assess assessment found issues, should be amended in a timely manner, perfect.
    33rd article this referred to government departments, including directly under the vertical management departments, institutions, laws and regulations authorized the Organization of the management of public affairs.
    Article 34th counties (cities, districts) and municipal governments Department of normative documents belonging to the program by reference to provisions of article seventh to 13th.
                                  35th these measures shall come into force on June 1, 2008.

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