(January 3, 2008 Xian City Government 31st times Executive Conference considered through February 1, 2008 Xian City Government makes 69th, announced since March 10, 2008 up purposes) first chapter General first article for strengthening normative file of management, promote law administrative, maintenance legal unified, according to People's Republic of China place levels Congress and place levels government organization method, and Shaanxi Province normative file supervision management approach, about legal, and regulations, and regulations of provides,
This municipality actually, these measures are formulated.
Standard documents in these measures in article, refers to the people's Governments and their departments and relevant agencies and organization authorized by the laws and regulations (hereinafter referred to as the enacting body), in accordance with the statutory powers and procedures within a certain scope, timing of citizens, legal persons or other organizations with General binding force, files can be applied repeatedly.
Name of normative documents commonly known as "rules", "way", "notice", "views", "decisions".
Development of internal work, personnel decisions, on specific issues a decision of administrative handling does not apply these measures.
Normative documents issued by the municipal people's Government, the county people's Governments for government regulatory documents; relevant government departments, agencies and organization authorized by laws and regulations (hereinafter referred to as departments) normative documents issued by normative documents for the Department.
Article development of normative documents in the administrative area of the city, record-keeping and management, application of this approach.
Fourth rule of law institutions specifically responsible for the Organization and implementation of the measures of the Government.
Article fifth the following institutions shall make no normative documents: (a) temporary organizations; (b) for the completion of a specific task and the establishment of the deliberation and coordination agencies and (iii) the internal bodies of the Department.
Article sixth of normative documents is not inconsistent with constitutional provisions, laws, rules and regulations; shall not be contrary to the higher administrative authority orders, decisions and not beyond the statutory mandate of the enacting body.
Article seventh normative documents, not to create administrative licensing items shall not set administrative fees shall not set the administrative punishment and administrative compulsory measures as well as other laws, regulations, regulatory matters and the higher administrative authority.
The enacting body to implement the laws, regulations and rules, specified in the normative documents, not new citizens, legal persons or other organizations, the obligations and restrictions on the legitimate rights and interests of citizens, legal persons or other organizations. Eighth law, regulations and rules have been clearly defined, normative document provisions, in principle, will not repeat.
Terms of normative documents should be accurate and concise; provisions should be clear, specific, operational.
Development of normative documents in chapter II section Nineth proposed regulatory documents should be necessity and feasibility study demonstrates.
Article tenth of normative documents written comments should be taken in the course or seminar, feasibility study meeting, hearing and other hearing the views of citizens, legal persons or other organizations. 11th government regulatory documents by the relevant government departments or Government legislative bodies, departmental normative documents by its internal business institutions or legal bodies responsible for drafting.
If necessary, invited experts, research bodies, or delegate.
12th normative documents concerning the responsibilities of other departments, drafting Department shall seek the views of other departments, there is a need of joint drafting.
Department of normative documents raised significant differences of opinion, drafting departments shall coordinate.
Coordination and handling of major differences of opinion, it should be stated in the drafting instructions.
13th sector normative documents, should be left to the drafting Department in charge of legal affairs agencies should review and revise, Department head after collective discussion through to form a draft, before publishing to review the legitimacy of the people's Government legal agencies.
Without a Legislative Affairs departmental normative documents of approval body shall publish.
14th article sector normative file submitted review Shi, should submitted following material: (a) trial of letter; (ii) normative file draft; (three) drafting normative file of description; (four) drafting normative file by according to of legal, and regulations, and regulations, and national policy, and superior administrative organ of command and decided and the other about information; (five) sought views of about material. 15th draft sectoral normative documents, Legislative Affairs Agency shall, within 10 working days of the acceptance review has been completed, and will review the opinion in writing notify the submitting departments.
Government legal agencies did not review in writing within the prescribed time, as examined and approved. Submission does not meet the requirements of article 14th, government legal agencies may request approval Department supplemented within the time limit specified in the material.
The Government legal organization processing time from the date on which the complete material added.
Controversial, and complex or other major problems involved need to demonstrate, arguments not contained within the review period.
16th article sector normative file has following case one of of, government legal institutions should proposed not agreed, and added modified or suspended developed of views, returned drafting sector: (a) developed normative file of basic conditions is not mature of; (ii) beyond developed organ of statutory terms range of; (three) file main content against legal, and regulations, and regulations, and national policy and superior administrative organ of command and decided of; (four) no sought views and not and about sector on major differences views for coordination of.
Article 17th approval departments shall, in accordance with government legal agencies review draft sector normative documents to be processed.
Approval Department disagrees with the opinions of the Government legal agencies, receiving the written comments of the Government legal agencies in writing within 10 working days from the date of objection, giving reasons, the attention of the people's Governments at the corresponding level coordinate. 18th government regulatory documents should be approved by the Government legal organization prior to the official release.
Government legal agencies of government regulatory documents for review, shall provide written comments submitted to the people's Governments at the corresponding level.
19th subject to procedural requirements, technical specifications and the implementation of the provisions of the laws, regulations and rules, a normative documents valid for no more than 5 years.
Normative documents developed before the implementation of these measures, it should be cleaned up in accordance with this regulation. Article 20th normative documents need to be continued after the expiry, shall, before the expiry of 6 months to evaluate the implementation file.
Upon evaluation of normative documents do not need to modify, decisions of the enacting body shall publish the continuation of the file; documents content need to be changed, according to the assessment of the amendments. Government regulatory documents by implementing agencies in the assessment, assess departmental normative documents by the enacting body. Government regulatory documents there are two or more organ, evaluated by the main organ.
Main organ of assessment, shall seek the views of other organ. Article 21st regulatory documents shall be released to the public.
Was not announced to the public, shall not be used as the basis of administration. Municipal regulatory documents shall be in the Official Gazette and published government information to the public online, important normative documents should also announced in this public offering within the administrative area of the newspaper.
Other regulatory documents shall be in the Government or the public sector information online. 22nd regulatory documents shall be implemented since the release date of 30th.
Due to the protection of national security, public interest or other specific reasons for immediate execution, can be implemented from the date of publication. Chapter III normative documents record 23rd normative document drafted authority shall publish the date of 30th to submit for the record.
Development Office for a number of government departments, the drafting Department submitted for the record.
Government documents submitted to the higher level people's Government for the record; sectoral normative documents submitted to the people's Governments at the corresponding level for the record.
24th article normative file record, should submitted following material: (a) normative file record report 1 copies; (ii) normative file official text 5 copies, and electronic text 1 copies; (three) developed normative file of drafting Description 1 copies; (four) developed normative file by according to of legal, and regulations, and regulations, and national policy, and superior administrative organ of command and decided and the other about information; (five) developed organ legal institutions of audit views. 25th article submit regulatory documents filed, filing materials, government legal agencies to record the review.
Submit incomplete archival materials, not for the record review.
When the review of 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.
Article 26th record review sectoral normative documents submitted for the record was not found during the original review process, or lower levels of Government normative documents cases of illegal or improper, government legal agencies should be amended or repealed to a development authority's views. The enacting body shall within 10 working days of receiving the treatment itself correct, and will handle government legal agencies.
It fails, the Government institution shall be submitted to the people's Governments at the corresponding level of the legal system to be corrected or withdrawn.
Article 27th bodies receiving citizens, legal persons or other organizations to the body developing normative documents question or suggestions shall be verified; regulatory documents is illegal or improper, the enacting body shall itself or even cancel.
Government legal agencies received a citizen, legal person or other organization to report issues related to normative documents, transferred to the enacting body to verify, the enacting body shall reply in the 10th result; if necessary, government legal agencies to direct censorship.
28th government legal agencies should establish normative documents database, to the public record by the review of regulatory documents. Fourth chapter of supervision and inspection
Article 29th municipal legislative affairs agency is in charge of government departments, district and county people's Governments and introduction of normative documents for the record of inspection.
District Legislative Affairs Agency is in charge of the county-level government departments and township (town) people's Government development of normative documents and filing of supervision and inspection.
30th article violates this approach to regulatory documents, have serious adverse consequences, the Government legal organization can propose that the people's Government or the supervisory organs shall be subject to the administrative responsibilities of principals and persons.
31st the enacting body shall comply with the requirements of normative documents on the cleanup, found regulatory documents and laws, rules and regulations and the relevant policies of the State are inconsistent, should be modified or repealed.
Article 32nd Government rule of law institutions in accordance with this regulation on the normative documents on the audit, record and review or issues found are not corrected, this level shall be ordered to rectify, give notice of criticism; serious, adverse consequences, on its head and persons directly responsible shall be given administrative sanctions.
Fifth chapter supplementary articles article 33rd these measures take effect on March 10, 2008.