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Xi Standard Document Management

Original Language Title: 西安市规范性文件管理办法

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(Adopted by the 31st ordinary meeting of the People's Government of Western Annai on 3 January 2008 No. 69 of 1 February 2008 by the People's Government Order No. 69 of 1 February 2008)

Chapter I General
Article 1 promotes the administration of normative documents, the maintenance of the rule of law, in accordance with the relevant laws, regulations, regulations and regulations, such as the People's Congress and Local Government of the People's Representatives of the People's Republic of China at the local level, the Regulatory Approach to Normal Documents in the Province of the Republic of China.
The normative document referred to in this approach refers to documents that are generally binding on citizens, legal persons or other organizations within a given time frame and which may be applied repeatedly by the Government of the people and its working sectors, relevant bodies and legal, legislative and regulatory mandates (hereinafter referred to as the designating body).
The name of the normative document generally refers to “the provision”, “The approach”, “Recommendations”, “decisions”.
The development of an internal system of work, a decision on the removal of personnel, and administrative decisions on specific matters are not applicable.
The normative documents issued by the Government of the Municipalities, the People's Government of the Regions are normative documents of the Government; normative documents issued by the Government's work sector, relevant institutions and legal, regulatory and regulatory organizations (hereinafter referred to as the sector).
Article 3
Article IV Government rule of law institutions are specifically responsible for the implementation of this approach.
The following bodies shall not formulate normative documents:
(i) Interim institutions;
(ii) Proceedings coordinating bodies established to complete a specific mandate;
(iii) The establishment of institutions in the sector.
Article 6 establishes normative documents that are not in violation of constitutional, legal, regulatory and regulatory provisions; shall not be in conformity with the orders, decisions of the superior administrative organs; nor shall they go beyond the statutory terms of reference of the body.
Article 7 establishes normative documents that may not be granted administrative licence matters, shall not set up administrative expenses and shall not create administrative penalties and administrative coercive measures, as well as other matters that should be regulated by law, regulations, regulations and superior administrative organs.
The establishment of organs for the implementation of laws, regulations, regulations, specific provisions contained in the normative documents shall not add the obligations of citizens, legal persons or other organizations and limit the legitimate rights and interests of citizens, legal persons or other organizations.
Article 8. The content already specified in laws, regulations, regulations and regulations does not in principle duplicate provisions. The terms of normative documents should be accurate, concise; the content of the provisions should be clear, specific and operational.
Chapter II
Article 9 establishes organs that should conduct research into the need and feasibility of formulating normative documents.
Article 10 should be formulated in the course of the development of normative documents either in writing or in the form of colloquiums, symposia, hearings and other organizations.
Article 11 Government normative documents may be drafted by the relevant branches of government or by governmental rule of law bodies, and sectoral normative documents may be drafted by the relevant operational bodies or the rule of law body within them. Relevant experts, research institutions may be invited or commissioned, if necessary.
Article 12. The content of normative documents relates to the responsibilities of other relevant departments, and the drafting sector should seek the views of other sectors and the need for joint drafting.
The relevant sectors have made significant differences in the content of normative documents and the drafting sector should be coordinated.
Coordination and treatment of important disagreements should be reflected in the drafting note.
Article 13. Sectoral normative documents should be amended by a uniform review of the body responsible for the rule of law in the drafting sector, which, after the adoption of the sectoral leadership, has resulted in the delivery of the draft articles and the lawful review of the rule of law institutions of the current people prior to the publication.
Nor shall the sectoral normative documents that have not been reviewed by the people's rule of law institutions.
The following materials should be submitted when the sectoral normative documents are submitted for review:
(i) Communications to be delivered;
(ii) Draft normative document;
(iii) A description of the drafting of normative documents;
(iv) The laws, regulations, regulations, national policies, orders and decisions of superior administrative bodies and other relevant information on the basis of the drafting of normative documents;
(v) Relevant information sought.
Article 15 sends a copy of the sectoral normative documents, and the people's rule of law institutions shall be reviewed within 10 working days of the date of the receipt and shall communicate the views in writing. The Government's rule of law body does not provide a written review of views within the prescribed time frame as a review agreement.
The submissions were not in accordance with article 14, and the Government's rule of law institutions could request the referral of the relevant material within the specified period. The time for the Government's rule of law bodies to be admitted is calculated from the date of the replenishment of the material.
The controversy is more controversial, complex or related to other major complex issues, and the time is not covered by the review period.
Article 16 contains one of the following cases in the normative documents of the sector, and the Government's rule of law institutions should provide views that are not agreed, supplemented or suspended, back to the drafting sector:
(i) The basic conditions for the development of normative documents are not ripe;
(ii) Excluding the statutory terms of reference of the institution;
(iii) The main elements of the document are contrary to the laws, regulations, national policies and orders and decisions of the superior administrative organs;
(iv) There was no consultation and no coordination of views with the relevant departments.
Article 17 shall be dealt with by the authorities in accordance with the review of the Government's rule of law bodies in relation to sectoral normative documents.
The authorities contested the review of the Government's rule of law institutions, which could be challenged in writing within 10 working days from the date of written review of the Government's rule of law bodies, on the grounds that would be brought to the attention of the current people.
Article 18 Government normative documents should be reviewed by the Government's rule of law institutions prior to their formal publication. The Government's rule of law institutions should send written submissions to the Government after the Government's normative documentation is reviewed.
Article 19, in addition to procedural provisions, technical norms and provisions for the implementation of laws, regulations, regulations and regulations, the duration of the normative document shall normally not exceed five years.
The normative documents developed prior to the operation of this approach should be cleared in accordance with the provisions of this approach.
Article 20 requires continued implementation after the expiry of the valid period of normative documents, and an assessment of the implementation of the document should be carried out six months before the expiry of the effective period. Upon assessment, the content of normative documents does not need to be revised and the decision of the body to continue the implementation of the document should be issued; the content of normative documents would need to be revised to be revised on the basis of the assessment.
Government normative documents are assessed by the executive body and sectoral normative documents are assessed by the designating body. The Government's normative documents have two or more executive bodies and are assessed by the main executive bodies. The views of other executive bodies should be sought in the assessment of the principal executive organs.
Article 21, normative documents should be made public in society. Unpublished societies shall not serve as a basis for administration.
The normative documents of the Government of the city should be made available on the Government's bulletin and on the Government's public information online, and important normative documents should also be made available in the newspapers published in the present administration region. Other normative documents should be made available online at the level of government or in this sector.
Article 2 The immediate implementation of the security of national security, major public interest or other special causes can be carried out from the date of publication.
Chapter III
Article 23 should be sent by the organ from 30 days of the date of publication of normative documents. The establishment of a body for multiple government departments is sent by the drafting sector.
The Government's normative documents were sent to the Government of the people at the highest level; the sectoral normative documents were sent to the Government of the people.
Article 24
(i) One report on the normative documentation reserve;
(ii) Five official and one electronic text of normative documents;
(iii) One drafting note on normative documents;
(iv) The enactment of laws, regulations, regulations, national policies, orders and decisions of superior administrative bodies and other relevant information;
(v) A review of the institution of the rule of law.
Article 25 provides for the submission of normative documents, is well-documented and the Government's rule of law institutions are reviewed. The submissions are incomplete and are not reviewed.
In reviewing normative documents, it is necessary to establish organs to provide relevant material or to clarify the circumstances, and the designating body should send or provide information within 7 days of the notification.
In the context of the review process, sectoral normative documents found to be sent were not dealt with in the light of the original review observations, or the normative documents of the lower-level government were in conflict with or inappropriate, and the Government's rule of law bodies should make changes or withdraw their views to the design organs.
The organs should be reformulated in themselves within 10 working days of the date of receipt of the comments and will report to the Government's rule of law institutions. The Government's rule of law institutions should be invited to remedy or withdraw from the Government.
Article 27 establishes that the executive body shall be subject to any challenge or modification of the normative documents formulated by the organ, legal persons or other organizations, which shall be verified; normative documents are incompatible or inappropriate, and the organ should be redirected or withdrawn.
The Government's rule of law bodies receive reports from citizens, legal persons or other organizations on the existence of normative documents, transferred to the competent body to verify the handling of the matter and to the establishment of organs to respond to the results within 10 days; and, where necessary, the Government's rule of law institutions may review directly.
Article 28 of the Government's rule of law institutions should establish a normative documentation database to make available to society a list of normative documents reviewed.
Chapter IV Oversight inspection
Article 29 of the Government of the communes is responsible for monitoring the development and documentation of normative documents of the municipal government, district and local governments.
The State's rule of law institutions are responsible for monitoring the development and documentation of the normative documents of the Government of the Republic and the communes (communes).
Article 33 establishes normative documents in violation of this approach and has serious adverse consequences, and the Government's rule of law institutions may recommend that the Government or the inspectorate of the people at this level hold administrative responsibility for their principal and direct responsibilities under the law.
Article 31 should be cleared by the competent organ in accordance with the provisions of normative documents and identify inconsistencies between normative documents and legal, regulatory, and national policy guidelines and should be amended or repealed in a timely manner.
Article 32 of the Government's rule of law bodies do not review, submit and review normative documents in accordance with this approach, or do not remedy the problems identified, which are criticized by the Government of the people at this level; in the event of serious, negative consequences, administrative disposition of their heads and direct responsibilities is provided by law.
Chapter V
Article 33 of this approach is implemented effective 10 March 2008.