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Provisions On Administration Of Tianjin Administrative Normative Documents

Original Language Title: 天津市行政规范性文件管理规定

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(Summit No. 105 of 26 November 2007 for the consideration of the adoption of the Decree No. 125 of 17 December 2007 by the Government of the People's Republic of Zenin, which came into force on 1 February 2008)

Chapter I General
Article 1 promotes the harmonization of the socialist rule in order to strengthen the management of administrative normative documents and to promote the administration of justice, in accordance with the provisions of the Act on People's Representation at the Congress and at the local level of the People's Government of the People's Republic of China, the Regulations (No. 322 of the State Department of State), the Regulations and Rules (No. 337 of the Department of State Order) and, in the light of the actual provisions of the present city.
Article 2 refers to the administrative normative document referred to in the present article, which, in addition to the regulations of the Government of the city, is generally binding on citizens, legal persons and other organizations and may be applied repeatedly.
Article 3 establishes the terms of reference, drafting, clearance, decision, publication, interpretation, filing, clean-up and assessment of administrative normative documents within the city's administration.
This provision is not applicable in the internal system of work of the executive branch, in the case of personnel immunity and awards, and in administrative management decisions on specific matters.
The administrative normative documents established in violation of this provision are null and void.
Article IV. Legal review and review of administrative normative documents submitted to the Government of the city by the competent authorities of the rule of law throughout the city and specifically responsible for the legal review of the administrative normative documents of the Government of the city and its Executive Office and for the preparation of administrative normative documents submitted to the Government of the city.
The legal review and review of administrative normative documents submitted to the Government of the People's Republic of the District is carried out by the competent authorities of the State's rule of law in the present administrative normative document and is specifically responsible for the legal review of the administrative normative documents submitted to the Government of the people at this level.
The rule of law organs of the organization that authorizes the development of administrative normative documents are responsible for the legal review of the administrative normative documents of this organ.
Article 5 establishes administrative normative documents that should be based on statutory competence and procedures. The content of administrative normative documents shall not be in violation of constitutional, legal, regulatory and regulatory provisions and shall not be contrary to the administrative normative documents of the superior administrative organs.
Article 6. The development of administrative normative documents should, in practice, provide for the rights and obligations of citizens, legal persons and other organizations, the powers and responsibilities of executive organs, in accordance with the law.
Article 7. The administrative normative documents of the legal, regulatory, regulatory and superior administrative organs are clearly defined and administrative normative documents are not in principle repeated.
Article 8 establishes administrative normative documents that should be consistent with the principles of simplification, harmonization and effectiveness. The terms of administrative normative documents should be accurate, concise and should be clear, specific and operational.
Article 9. The name of the administrative normative document may be used by means of “how”, “rules”, “rules”, “rules”, “please”, but not by “regulations”.
Article 10. The public has the right to access the administrative normative documents that have been published and to establish organs that should facilitate public access.
Chapter II
The following organs may formulate administrative normative documents:
(i) Government of all levels;
(ii) The Government of the city and the district;
(iii) Laws, regulations and regulations authorize organizations that develop administrative normative documents.
The following bodies shall not establish administrative normative documents:
(i) Interim institutions;
(ii) Proceedings coordination bodies;
(iii) The establishment of institutions at all levels of the people's Government and its working sectors;
(iv) The Government of the people at all levels and its offices;
(v) In addition to the provisions of article 11, subparagraph (c), the laws, regulations and regulations authorize organizations with specific administration.
Article 13
(i) Administrative penalties;
(ii) Administrative coercion;
(iii) Administrative licences;
(iv) Non-administrative approval;
(v) Administrative recognition;
(vi) Administrative reserve;
(vii) Funding projects for administrative purposes;
(viii) Constraint or deprive citizens, legal persons and other organizations of their legitimate rights;
(ix) Increase the obligations of citizens, legal persons and other organizations;
(x) Other matters may not be created by administrative normative documents under laws, regulations and regulations.
Paragraphs (iv), 5 (vi), 7) stipulate that administrative normative documents should not be created, with the exception of administrative normative documents developed by the Government of the city.
Article 14. Administrative normative documents should provide for an effective period of time, specifying the period of entry into force and abolition and the period of effectiveness is generally five years. In exceptional cases, the duration of effectiveness could be extended appropriately, but not more than 10 years.
The effective deadline for administrative normative documents has confirmed the need for continued implementation, and the drafting cell should conduct an assessment of the implementation of administrative normative documents by six months prior to the expiration of the effective deadline and form a new draft of delivery and be re-published by the designating body in accordance with the procedures set out in this article.
Article 15. Administrative normative documents are not retroactive, except for special provisions to better protect the rights and interests of citizens, legal persons and other organizations.
Drafting
Article 16 of the Government's administrative normative documents are drafted by the current Government organization, which may determine the specific responsibility of one or several of its working sectors.
Sectoral administrative normative documents are drafted by this sector organization, which may determine the specific responsibility of one or more of its institutions and agencies.
The drafting of administrative normative documents could invite relevant experts, organizations to participate, or experts, organizations to draft them.
The drafting of administrative normative documents should conduct a study on the need and feasibility of developing administrative normative documents, as well as on the issues to be addressed in administrative normative documents, the main system to be established or the main measures envisaged.
The drafting of administrative normative documents should be widely heard by citizens, legal persons or other organizations. The draft administrative normative document dealing with important matters or the interests of the people should be consulted, including through the holding of colloquiums, memorials, hearings or the publication of the draft.
The drafting of administrative normative documents, covering the functions of the relevant government departments, should seek the views of the relevant departments prior to the presentation of the draft administrative normative document.
Article 19 The drafting or review of administrative normative documents requires hearings and shall be in compliance with the following provisions:
(i) The hearings were held in public and the time, place and content of the hearings were published by 7 days of the hearings;
(ii) The hearings were chaired by the rule of law body and the drafting cell provided a statement on the draft administrative normative document;
(iii) The relevant organs, organizations and individuals participating in the hearings are entitled to questions and observations;
(iv) The hearings should produce a record of the main points and reasons for the record of the speaker;
(v) Drafting units and rule of law institutions should carefully study the views reflected in the hearings, and the drafting units should describe the treatment and reasons for the hearings when they were sent to the draft administrative normative document.
Article 20 states that citizens, legal persons and other organizations make observations and recommendations on the content of the draft administrative normative document, which should be addressed by the drafting cell and set out in the drafting note.
The relevant administrative bodies have made important differences with regard to the content of the draft administrative normative documents, which should be coordinated by the drafting cell; coordination is incomplete and are invited to coordinate or adjudicate the common top-level executive body.
Coordination and treatment of important disagreements should be set out in the drafting note.
Chapter IV Review
Article 21, draft administrative normative documents should be sent to pre-trial and should be preceded by legal review by the rule of law institutions. The executive normative documents published by the people's governments at all levels are subject to legal review by the rule of law institutions of the people at all levels; administrative normative documents published by the authorities of the city and the district government or by organizations authorized by the law, regulations and regulations are submitted to the legislative bodies of this organ. The draft administrative normative document, which was not reviewed by law, should not be delivered.
The following materials should be made available when the drafting unit reports to the rule of law bodies for legal review:
(i) Request for publication;
(ii) Draft administrative normative documents to be delivered;
(iii) A drafting note on administrative normative documents;
(iv) The drafting of laws, regulations, regulations and policies on which administrative normative documents are based, as well as administrative normative documents of the superior administrative organs (hereinafter referred to as the basis for development);
(v) Relevant material for consultation;
(vi) Other relevant information.
The administrative normative documents agreed to by the rule of law are not published.
Article 23. The rule of law body is responsible for the review of the following elements of the draft administrative normative document:
(i) Whether there is a need and feasibility for development;
(ii) In accordance with the provisions of Articles 5, 6 and 7 of this provision;
(iii) specify whether appropriate;
(iv) Whether the views of the relevant departments, organizations and managers are sought;
(v) Whether coordination and treatment of important divergent views are coordinated;
(vi) Are consistent with the relevant administrative normative documents;
(vii) Other needs to be reviewed.
The rule of law body conducts a legal review of the draft administrative normative documents and requires clarifications, guidance and assistance from the relevant departments, which should be actively aligned and responded and processed within the time frame.
Article 24 sends the draft administrative normative document to be reviewed by law, which can be amended, coordinated by the rule of law institutions; coordination of important differences and reporting to the authorities or the Government of the people at this level.
The draft administrative normative document was delivered in one of the following cases, and the rule of law institutions could be suspended or returned to the drafting sector:
(i) The submission of material is incompatible with the provisions of article 22 of this provision;
(ii) The basic conditions for developing administrative normative documents are not ripe;
(iii) There are significant differences between the relevant authorities in relation to the main elements of the draft administrative normative document, and coordination is required.
Chapter V Decisions, publication and interpretation
Article 25 The draft administrative normative document was sent to the competent organ of the rule of law for review and in accordance with article 22, article 23 of the present article, may be brought to the consideration of the Conference by the organ or the Government of the people at this level.
The territorial Government's administrative normative documents shall be issued by the district chief or district governors, either by the ordinary House of Representatives or the plenary.
The administrative normative documents of the commune and district governments, the communes' governments and the organizations authorized by laws, regulations and regulations should be considered by the executive head at the office of the Authority.
Article 26 establishes the organ to publish administrative normative documents in a press release issued in the Government's bulletin, the Government website or within the administrative sphere. The administrative normative documents that have not been made available to society are null and void and cannot be used as a basis for administration.
Administrative normative documents should be implemented after 30 days of the date of publication. However, in cases such as guaranteeing national security, the need for a major public interest, or the absence of an immediate application would impede the implementation of legal, regulatory, and administrative normative documents, can be carried out from the date of publication.
The text of administrative normative documents published in the Government's bulletin is the standard text.
Article 27 provides for access to administrative normative documents by citizens, legal persons and other organizations. The City Archives should provide administrative normative documents published by the Government of the Municipalities and the Government's work sector for access to civil, legal and other organizations. District archives should provide administrative normative documents published by the People's Government of the District and its work sector and the commune government for access by citizens, legal persons and other organizations.
The municipal and district archives should be provided with services such as the directory of administrative normative documents and full access.
The right to interpretation of administrative normative documents is exercised by the competent organ. Citizens, legal persons and other organizations may make requests for interpretation of administrative normative documents to the design organs.
An interpretation of administrative normative documents needs to be made by the rule of law institutions in which the organ is drawn up, is reported to be validated by the designating body, or are published in accordance with the administrative normative document.
The interpretation of administrative normative documents issued by the development body is equally effective with the original document.
Chapter VI
Article 29 should be sent within 20 days of the date of publication in accordance with the following provisions:
(i) The Government of the People's Republic of the District, the Ministry of the Work of the People's Government and the organizations authorized by the laws, regulations and regulations to develop public administrative normative documents to inform the Government of the city.
(ii) The Government of the communes and the People's Department of the District have developed administrative normative documents that are published and are available to the communes.
(iii) Jointly develop public normative documents that are available by the host agency to the current level or to the Government of the people at the common level.
Article 33 The Government's work sector should be accompanied by the Communal Archives' Archives when the administrative normative documents are sent to the commune.
In the case of the People's Government of the District, the executive normative document should be sent to the communes' Government for the presentation of the Territory's report, which should be accompanied by the relevant operational administrative authorities of the Government and the district archives.
When the commune Government transmits administrative normative documents to the communes' governments, it should be accompanied by the depository of the District Archives.
Administrative normative documents should be sent to the City and District Archives, and two official versions of administrative normative documents should be submitted.
Article 31
(i) One submission;
(ii) Five formal and electronic versions of administrative normative documents;
(iii) A drafting note on administrative normative documents, the review of the rule of law institutions and the development of a reference to each individual.
The format of the administrative normative document was developed by the State's rule of law institutions.
The availability of web-based referrals should not be sent to paper-based documents through web-based submissions.
The administrative normative documents for the filing of a request are in accordance with article 2, article 29, article 31, and the Government's rule of law bodies are registered; registration of an administrative normative document that is not part of the administrative normative document; and registration of an administrative normative document is not in accordance with article 31 of the present provision for the suspension of the registration of the case and informs the development of an institution's deadline for the replenishment of the office and is in compliance with the provisions.
Article 33 of the Government's rule of law institutions shall, within 15 days of the date of receipt of the administrative normative documents for the filing of the report, respond to the request for registration, non-require registration or suspension of the registration of the request.
Article 34 of the Government's rule of law bodies may review the administrative normative documents registered in the case:
(i) Whether the establishment of the organ has the corresponding legislative authority;
(ii) In conformity with the statutory procedures;
(iii) Are incompatible with the laws, regulations, regulations and policies;
(iv) There are other inappropriate provisions.
Article 55 of the Government's rule of law requires the executive normative document to supplement the relevant material and clarify the circumstances, and the relevant design organs should send relevant material and clarifications within 7 days of the receipt of the request for supplementary information and clarifications; to communicate to the relevant organs to seek advice, and the relevant organs shall communicate their views within the specified period.
Article 36 of the Government's rule of law bodies found that the administrative normative documents for the filing of a submission were in conflict with the provisions of article 34 and other inappropriate circumstances, and that the review of their own cancellation or corrective action should be submitted to the development body in a timely manner; and that the establishment of the organ was not reformulated, the Government's rule of law institutions could submit to the Government of the people at this level the decision to withdraw. The Government of the people at this level decided to withdraw and the decision should be made public.
Article 37 should establish a governmental rule of law to deal with the outcome report within 10 days of the date of receipt of the review.
The directory of administrative normative documents registered in the Government's rule of law institutions should be made public to society.
The administrative normative documents registered in the commune of the city are regularly published by the State's rule of law bodies in the Communiqué of the Municipal People's Government and the Daily zinc Online; the administrative normative documents registered in the zonal People's Government are made available to the public within the area.
Article 39 The executive normative document development body shall communicate the directory of administrative normative documents established in the previous year to the Government's rule of law bodies by 31 January each year.
Article 40
Article 40 states that citizens, legal persons and other organizations are of the opinion that the content of administrative normative documents is in violation of or other inappropriate provisions, may submit a request for review to the municipalities and district governments under article 29 of this provision. The Government's rule of law body is responsible for receiving review requests from citizens, legal persons and other organizations.
Applications for review of administrative normative documents by citizens, legal persons and other organizations should be made in writing and the name and number of administrative normative documents.
The Government's rule of law bodies should review the administrative normative documents within 30 days of the date of receipt of the written review, provide comments and respond to the applicant. The situation is complex and, with the approval of the Head of State Rule of Law, the period of review may be extended appropriately, but not more than 60 days. The Government's rule of law bodies deal with the administrative normative documents that apply for review, in accordance with article 36 of the present article.
Article 42, civil, legal and other organizations, when applying for administrative review, submit a request for review of administrative normative documents, or the executive review body considers that the relevant administrative normative documents are not lawful in accordance with the provisions of the People's Republic of China Administrative Review Act.
Chapter VII Clearance and assessment
Article 43 Governing the administrative normative documents should be formulated in a timely manner, in accordance with the changes in laws, regulations, regulations and policies, as well as administrative normative documents of the superior administrative organs.
Article 44 quaters of administrative normative documents are one of the following circumstances within an effective period of time, and the design of organs should promptly clean up the administrative normative documents developed by this body and make decisions to amend and repeal the situation:
(i) Changes in administrative normative documents developed by law, regulations, regulations, superior administrative organs and organs, alternatives, withdrawals or all elements;
(ii) Failure to adapt to the needs of economic and social development or incompatible with the new provisions of the superior administration;
(iii) For reasons such as the completion of the mandate, it is naturally invalid.
The executive normative document development body shall report on the status of clearance, modification and repeal of administrative normative documents to the governmental rule of law institutions that are in receipt.
The procedures for the revision and repeal of administrative normative documents are implemented in accordance with their procedures.
Article 42, following the implementation of administrative normative documents, the development of organs and executive bodies should conduct regular assessments of administrative normative documents and their implementation. The executive body should report the assessment of the body and reproduce the establishment of the rule of law institutions.
Chapter VIII Legal responsibility
Article 46 sets out the following acts by the executive normative body, which is to be rectified by an executive authority at the senior level, to advise the public; in the event of serious, negative consequences, by the superior administrative body or the inspection department, to the competent and direct responsible persons directly responsible by the law:
(i) Not to be sent or without the timely issuance of administrative normative documents;
(ii) The question of the existence of administrative normative documents is not corrected or delayed.
Article 47 provides that the rule of law institutions and their staff do not carry out their oversight duties seriously and do not perform their duties, and that they are held by the people at all levels or by the relevant organs to hold their heads of law and those directly responsible.
Chapter IX
Article 48 of the State's administrative management in this city has developed administrative normative documents that refer to this approach to the Government of the city. However, the laws, regulations, regulations and regulations provide for their provisions.
Article 49 The Government of the commune adopted on 8 October 2003 and was repealed at the same time as the Sadzin Normal Normative Documents Act (No. Prior to the implementation of this provision, other provisions of the Government of the city are inconsistent with this provision and are implemented in accordance with this provision.