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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(November 26, 2007 Tianjin Municipal People's Government at the 105th Executive meeting on December 17, 2007, 125th, Tianjin people's Government promulgated as of February 1, 2008) Chapter I General provisions article to strengthen the administrative normative document management, safeguard the Socialist legal system, promoting administration according to law, in accordance with the People's Republic of China local people's congresses and organic law of the local people's Governments at various levels, the regulatory procedure Ordinance (promulgated by Decree No. 322)
    , The Archivist filing of regulations and Ordinance (promulgated by Decree No. 337) and other relevant provisions of laws and regulations, combined with the city's actual, these provisions are formulated.
    Administrative normative document referred to in the provisions of article II, refer to municipal regulations, the municipal administrative organs at various levels in accordance with statutory terms of reference and procedures of citizens, legal persons and other organizations generally binding, the files can be applied repeatedly.
    Article within the administrative area of the city to develop administrative normative documents, drafting, review, decision, released, interpretations, record keeping, cleanup and assessment, these provisions shall apply.
    Administration's internal system, personnel and disciplinary decisions as well as on specific issues, such as a decision of administrative handling, these rules do not apply.
    Contrary to the provisions of administrative normative document is invalid.
    Fourth municipal people's Government legal agencies in charge of the city administrative normative documents of legal review and record reviews, and has specific responsibility for administrative normative documents of the municipal people's Government and the Office of the legal review and submitted to the municipal people's Government for the record of the administrative normative documents of record reviews.
    District and county people's Government within the administrative area of rule of law institutions in charge of the administrative normative documents of legal review and record reviews, and for the people's Governments at the corresponding level and Office administrative normative documents of the legal audit and submit the record of the people's Governments at the corresponding level administrative normative documents record reviews.
    Sector of work, Township people's Government municipal and district people's Government as well as laws, rules and regulations authorize administrative normative document of the legal authorities responsible for the administration of the Organization the legal examination of normative documents. Article fifth administrative regulatory documents shall be in accordance with the statutory jurisdiction and the procedures.
    Administrative normative document content shall not violate the Constitution, provisions of the laws, regulations and rules, shall not be contrary to the higher administrative authorities of normative documents.
    Sixth administrative normative documents should proceed from reality, scientifically and reasonably according to law stipulates that citizens, legal persons and other organizations of the rights and the obligations, powers and responsibilities of the executive authorities.
    Seventh law, rules, regulations and higher administrative authorities of normative documents have been clearly defined, administrative normative document provisions, in principle, will not repeat. Article eighth administrative normative document shall be in conformity with the principle of simplification, uniformity and efficiency.
    Terms should be accurate and concise administrative normative documents, provisions should be clear, specific, operational.
    Nineth administrative normative document can use the name of "method", "rule", "decisions" and "rules" or "rules", "notice", but may not use "regulations".
    Tenth administrative normative document of the public right of access have been published, making organs should be made available for inspection by the public.
    11th chapter permissions section may formulate administrative normative document of the following organs: (a) the people's Governments at all levels, (ii) municipal and district people's Government departments; (iii) laws, rules and regulations authorized the Organization of administrative normative documents.
    12th article following institutions shall not developed administrative normative file: (a) temporary institutions; (ii) rules of procedure of the coordination institutions; (three) levels Government and work sector of features institutions; (four) levels Government and work sector of sent institutions; (five) except this provides 11th article subsection (three) items provides outside, legal, and regulations and regulations only authorized for specific administration of organization. 13th article administrative normative file shall not set following matters: (a) administrative punishment; (ii) administrative forced; (three) administrative license; (four) non-administrative license approval; (five) administrative confirmed; (six) administrative record; (seven) administrative career sex charges project; (eight) limit or deprived citizens, and corporate and other organization of legal right; (nine) increased citizens, and corporate and other organization of obligations; (10) legal, and regulations and regulations provides of administrative normative file shall not set of other thing
    Item.
    The preceding paragraph (iv), (v), (vi), (VII) provides administrative normative document should not set, except administrative normative document developed by the municipal people's Government. 14th administrative normative document should provide a valid term, expressly entered into force and repealed, valid for 5 years.
    Special cases, the expiration date may be extended appropriately, but not more than 10 years.
    Administrative normative document has expired, it is necessary to continue implementing, drafting units should be effective before the expiry of 6 months, to assess the implementation of the normative documents, proving the new draft, in accordance with the provisions of the program, published anew by the enacting body.
    15th administrative normative documents do not retroactively, but for the better protection of citizens, legal persons and other organizations except the rights and interests of special provisions.
    Chapter drafted 16th government administrative normative document drafted by the level of government organization, you can determine which one or several departments in charge of drafting.
    Department administrative normative document drafted by the Organization of the Department, can be determined by one or several of its organs, agencies responsible for drafting work.
    Drafting normative documents may invite the participation of relevant experts and organizations, may also appoint experts, organize the drafting.
    Article 17th draft normative documents, it should be to study the necessity and feasibility of developing normative documents, and administrative normative document to solve the problem, proposed the establishment of the system or the main measures to be provided for research, demonstration. 18th to draft administrative normative document should solicit the views of citizens, legal persons or other organizations.
    Concerning major issues or related to the vital interests of draft normative documents, should convene seminars, feasibility study meeting, hearing or draft to the public, to seek the views of the community.
    Drafting normative documents, related government departments ' functions, drafting Unit submits draft normative documents should seek the views of relevant departments before the draft.
    19th article drafting or review administrative normative file need held hearing of, should meet following provides: (a) hearing public held, in held hearing of 7 recently announced hearing of time, and locations and content; (ii) hearing by legal institutions presided over, drafting units on administrative normative file draft for description; (three) participate in hearing of about organ, and organization and personal right to questions and published views; (four) hearing should making record, truthfully records spokesman of main views and reason;
    (E) drafting and legal institutions should seriously study the hearing reflected various views, drafting unit at the time of submitting draft normative documents draft, should indicate on the treatment of the condition and the reason for the hearing.
    Article 20th citizens, legal persons and other organizations presented their views on the draft normative documents and recommendations, drafting units should be dealing with, and be enshrined in the drafting instructions.
    Executive to the Executive related contents presented significant differences of views on the draft normative documents, drafting units should be coordinated; coordination fails, report to the coordination of common higher administrative authority or ruling.
    Coordination and handling of major differences of opinion, should be stated in the drafting instructions. The fourth chapter review 21st draft normative documents before trial, should be sent legal institutions for legal review. Administrative normative document released by the people's Governments at all levels, sending Governments at all levels conduct legal audits legal organization; municipal and district people's Government Department, or laws, regulations and rules authorized the Organization of administrative normative document released, sent the legal institutions for legal review.
    Not be sent without legal review of draft normative documents.
    22nd article drafting units submitted legal institutions for legal audit Shi, should provides following material: (a) reported to the announced of asked; (ii) administrative normative file draft trial draft; (three) administrative normative file of drafting description; (four) drafting administrative normative file by according to of legal, and regulations, and regulations and policy and superior administrative organ of administrative normative file (following collectively developed according to); (five) sought views of about material; (six) other about information.
    Without legal approval of administrative normative document shall not be released.
    23rd article legal institutions is responsible for on administrative normative file draft trial draft of following content for audit: (a) whether has developed of need and feasibility; (ii) whether meet this provides fifth article, and sixth article, and seventh article of provides; (three) specific provides whether appropriate; (four) whether sought related sector, and organization and management relative people of views; (five) whether on major differences views for coordination and processing; (six) whether and related administrative normative file provides consistent; (seven) other need audit of content.
    Legal legal review of draft normative documents draft required the departments concerned to make descriptions, provide evidence, to assist the work of, the departments concerned should actively cooperate with and give a reply within the time limit specified and handling.
    Article 24th draft draft submitted to the legal review of administrative normative documents, legal organization can modify and coordination; major differences of opinion coordination fails, reported to the authorities or the local Government's decision. Draft administrative normative document draft one of the following circumstances, legal institution to stride or returned to the drafting Department:

    (A) the submitted materials do not comply with the provisions of this article 22nd, (ii) development of administrative normative document the basic conditions are not mature and (iii) the relevant departments of the main contents of the draft normative documents draft major differences, the need for coordination.
    The fifth chapter decisions, announce and explain the article 25th draft for examination by the legal bodies of the draft regulatory documents, in line with the provisions of this article 22nd, 23rd, and can be submitted to the consideration of the organ or the people's Governments at the corresponding levels.
    District and county people's Government administrative normative documents, must pass through the district and county people's Government Executive or plenary decisions, issued by the mayor or county magistrate.
    Sector of work, Township people's Government municipal and district people's Government as well as laws, rules and regulations authorized administrative normative documents of the Organization, shall be subject to the consideration by the Office's decision, issued by the administrative officer. 26th the enacting body shall in the Official Gazette, the Government Web site or press release issued in the administrative areas in which administrative normative documents.
    Not affect administrative normative documents to the public, shall not be used as the basis of administration. Administrative normative documents be published 30th after its promulgation.
    But because of the need to protect national security and vital public interests, or released immediately after the execution could affect laws, regulations, rules and administrative normative documents implemented, can come into force on the date of promulgation.
    Texts published in the Official Gazette administrative normative documents as the standard text. 27th of municipal and district archives are citizens, legal persons and other organizations access to places of administrative normative document. Municipal archives should provide municipal people's Government and municipal administrative normative document released by the Department, for inspection by the citizens, legal persons and other organizations.
    District/County archives shall provide the county people's Governments and their departments and township people's Government announced administrative normative document for inspection by the citizens, legal persons and other organizations.
    List of municipal and district archives shall make administrative normative document retrieval and full text access to services. 28th administrative normative documents of power exercised by the enacting body.
    Citizens, legal persons and other organizations can contribute to the development of organ interpretation of administrative normative documents requirements.
    Administrative normative document needs to be explained, by the enacting body's legal views, the enacting body audited publication, or in accordance with the procedures of administrative normative documents developed bodies audited publication.
    Audited by the Development Authority announced administrative normative document interpretation has the same legal effect as the original document.
    Sixth chapter record 29th administrative normative documents shall be published in the 20th, submitted for the record in accordance with the following provisions: (a) the work of district and county people's Government, the municipal sector, as well as laws and regulations and regulations authorize administrative normative document released by the Organization, submitted to the municipal people's Government for the record.
    (B) in township people's Government departments and district and county people's Government work published normative documents, reported to the district and county people's Government for the record.
    (C) administrative normative documents released jointly developed, jointly by the host authorities to this level or higher level people's Government for the record.
    Article 30th municipal people's Government Department administrative normative documents when submitted to the municipal people's Government for the record, it should be copied to municipal archives.
    District and county people's Government departments submitted will be administrative normative documents at the district and county people's Government for the record, it should be copied to municipal departments of business administration, as well as the County archives.
    Township administrative normative document submitted to the people's Government at the district and county people's Government for the record, should be copied to the district archives.
    To the municipal and district archives CC administrative normative documents, shall submit the administrative normative documents 2 copies and 1 electronic copy.
    31st administrative formal document submitted for the record in accordance with this article, submitted directly to the municipal or county government legal agencies, and submit the following materials: (a) filing reports 1; (b) the administrative normative document 5 copies 1 copy, electronic, (iii) drafting administrative normative document description, legal auditing opinions and developed according to the 1.
    Administrative normative document file format, developed by the municipal people's Government legal agencies.
    Conditions of submission with on-line filing should be submitted through the Internet filing, no longer submit paper documents.
    32nd article submitted record of administrative normative file meet this provides second article, and 29th article, and 31st article provides of, government legal institutions be record registration; on not belongs to administrative normative file of, not record registration; submitted administrative normative file not meet this provides 31st article provides of, suspended handle record registration, and notification developed organ deadline correction, correction Hou meet provides of, be record registration.
    Article 33rd record of rule of law institutions shall receive the submissions of the Government administrative normative document date in the 15th, to develop responses to register, refuse to register or defer to register opinions.
    Article 34th rule of law institutions on the following administrative normative documents on the review of the registration: (a) developing organ has a corresponding legal authority, (ii) compliance with the prescribed procedures, (c) it is inconsistent with the laws, rules, regulations and policies and (iv) whether there are any other appropriate provisions.
    35th government legal agencies need administrative normative documents complementary materials, description of the situation, on the development authority shall receive additional, description, the date of the notification to submit relevant materials in the 7th and explained the situation; sent to appropriate authorities for comments, relevant authorities shall, within the prescribed period of time just fax or telex me. Article 36th government administrative normative documents of the rule of law institutions found to submit for the record the article 34th illegal and provided he is not appropriate, and shall be withdrawn or corrected to a development authority of review comments; the enacting body is not correct, the Government legal organization can be reported to the people's Government decided to withdraw.
    This level people's Government decided to withdraw, revoke decisions shall be made public.
    37th the enacting body shall from the date of receipt of the review comments in the 10th, will handle the review report on the Government's legal institutions.
    Article 38th government legal bodies registration administrative regulatory documents shall be announced to the public.
    Municipal people's Government filing administrative normative document periodically by the municipal people's Government legal agencies in the municipal bulletin and Tianjin Government online directory by district and county people's Government filing administrative normative documents, by district and county people's Government within the scope of rule of law institutions in this county take appropriate forms available to the public.
    39th administrative normative documents on January 31 of each year for the preceding financial year submit the list of normative documents developed by the Government legal organization for reference checks.
    40th of municipal and district people's Government legal agencies to inspect lower level people's Governments and the departments to develop administrative normative documents, relevant agencies should support. 41st citizens, legal persons and other organizations believe that administrative normative document content is illegal or other inappropriate provision of, to the provisions of article 29th of city and district and county people's Governments review applications submitted.
    Government legal agencies receive and review of applications by citizens, legal persons and other organizations.
    Citizens, legal persons and other organizations to submit applications for review of administrative normative document, shall be in writing, and provide administrative normative document name and number. The Government legal organization accepts the application for review shall, from the date of receipt of the written application in the 30th, review of administrative normative documents, and put forward opinions and respond to applicants. Complex, approved by the head of the Government legal agency, may extend the review period, but not more than 60 days.
    Government legal organization processing of the applications for review of administrative normative document, shall be handled in accordance with the provisions of article 36th.
    42nd citizens, legal persons and other organizations in applying for administrative reconsideration of proposed applications for review of administrative normative document, or the administrative body for reconsideration review that the unlawful administrative normative documents, in accordance with the People's Republic of China administration reconsideration law provisions.
    The seventh chapter cleaning with the enacting body shall assess the 43rd administrative normative documents according to the law, rules, regulations and policies as well as adjustment of the higher administrative authorities of normative documents, the promulgation and implementation of normative documents in time for clean up.
    44th article administrative normative file in effective term within, has following case one of of, developed organ should timely cleanup this organ developed of administrative normative file, and depending on reality made modified, and abolition of decided: (a) was legal, and regulations, and regulations, and superior administrative organ and this organ developed of administrative normative file modified, and alternative, and revoked has part or all content of; (ii) not adapted economic and social development of need, or and superior administrative organ new of provides inconsistent of;
    (C) natural failure of due to reasons such as the task is completed.
    Administrative normative documents developed in accordance with the provisions of the preceding paragraph shall be cleaned, amendment and repeal of administrative normative document of the Government legal organization accepting the record of the report.
    Amendment and repeal procedures of administrative normative document according to the procedures. 45th administrative normative documents implemented, the enactment organ, the organ shall regularly assess the administrative standard documents and their implementation.
    Organ assessment report should be developed, copied to the enacting body and legal agencies. Eighth chapter legal responsibility 46th article administrative normative file developed organ has following behavior one of of, by superior administrative organ ordered corrected, give informed criticism; plot serious, and caused bad consequences of, by superior administrative organ or wing door directly is responsible for of competent personnel and directly responsibility personnel law give disposition: (a) not submitted or not on time submitted administrative normative file record of; (ii) on administrative normative file exists of problem refused to corrected or delay corrected of.

    47th legal institutions and their staff were not serious in fulfilling its oversight responsibilities, negligence, by the people's Government or the relevant authorities at all levels to hold its head and persons directly responsible of legal responsibility. Nineth chapter supplementary articles article 48th State stationed in the city administrative departments administrative normative documents, in accordance with the measures to the municipal people's Government for the record.
    Otherwise provided for by laws, regulations, rules, from its provisions. 49th article of the regulations come into force on February 1, 2008. Municipal people's Government on October 8, 2003, Tianjin City, effective as of January 1, 2004 of the normative document filing rules (2003 11th city people's Government) abrogated.
                                            Before the present provisions, and other provisions were inconsistent with the provisions of the municipal people's Government, in accordance with this regulation.

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