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Jinan Normative Document Management

Original Language Title: 济南市规范性文件管理规定

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(Adopted by the 49th Standing Committee of the Government of the Overseas Territories, held on 10 July 2007, No. 225 of 16 August 2007 of the Decree of the Government of the Federated States of the Overseas Territories, which came into force on 1 January 2008)

Chapter I General
Article 1, in order to enhance the management of normative documents of the executive organs, to promote the harmonization of national rule of law, and to establish this provision in the light of the relevant laws, regulations and regulations, such as the Organic Law of People's Representatives at the local level of the People's Republic of China, the provisions of the San Orientale province and the normative documents reserve.
The normative document referred to in article II refers to the generally binding document developed and published by the Government and its departments within the mandate of law, regulating administrative affairs, covering the rights, obligations of citizens, legal persons and other organizations.
This provision is not applicable in the internal system of work of the executive branch, the decision of the personnel to be dismissed, the administrative decisions on specific matters and the requests, reports, etc. of the executive branch.
Normative documents are divided into governmental normative and sectoral normative documents.
Article 3. This provision applies to the development and documentation of normative documents in my municipalities and districts (communes), district governments and the work-related sectors (hereinafter referred to as administrative organs).
Article IV states that the Government-owned sectors include the composition of the municipal, district (market) government, the office, the immediate agency, the ad hoc body, the dispatch agency and other institutions that have administrative functions under the law.
Interim institutions, sector-based institutions may not issue normative documents on behalf of this body.
Article 5 governs the development of normative documents by the executive organs and should reflect the spirit of reform, in line with the principles of simplification, harmonization and effectiveness, scientific norms of administration, and promote the transformation of government functions to economic regulation, market regulation, social management and public services.
Article 6. Normative documents of the executive organs must be in compliance with the following requirements:
(i) Be consistent with laws, regulations, regulations and national policies;
(ii) The statutory terms of reference of the organs;
(iii) The functions and responsibilities of the executive organs;
(iv) Guarantee the legitimate rights and interests of citizens, legal persons and other organizations.
Article 7.
(i) Administrative licence matters;
(ii) Administrative penalties;
(iii) Administrative expenses;
(iv) Other matters that should be regulated by law, regulations, regulations and superior administrative bodies.
In order to implement the laws, regulations, regulations, specific provisions in the normative documents, the executive branch may not add the obligations of citizens, legal persons or other organizations and limit the rights of citizens, legal persons or other organizations.
Chapter II Drafting and review
Article 8
Normative documents relate to the responsibilities of other departments of the current Government or in close collaboration with other sectors, the drafting sector should seek the views of other departments or work together with other departments.
Article 9 The effectiveness of normative documents is automatically terminated at the end of the period of effectiveness. The effectiveness of normative documents ends and the institutions should be made public.
In the opinion of the executive body, the implementation of the document should continue after the expiry of the valid period of the normative documents, which should be assessed six months before the expiry of the effective period. It was assessed that the content of normative documents was not subject to revision and that the decision to continue the implementation of the document should be issued by the enacting body; the content of the document would need to be modified and revised according to 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.
The revision of normative documents should be submitted for review and publication in accordance with the requirements set out in this article.
Article 10 establishes sectoral normative documents that should be revised by the body responsible for the rule of law in this sector, which lead to the adoption of a collective discussion, signed by the main leadership of the sector and presented to the Government's rule of law bodies a review of legality.
Article 11. When the sectoral legal documents are delivered, the following materials should be submitted to the principal governmental rule of law bodies:
(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 12. The Government considers it necessary to develop normative documents in the name of the Government and should be invited to the Government's consent.
The Government's normative documents drafted by sectoral organizations should be revised by the sectoral body responsible for the rule of law, with the leadership of the sector leading to the adoption of collective discussions and the signing of observations by the main leadership, forming the draft referral to the Government for review by the Government's rule of law institutions.
In transmitting the Government's normative documents drafted by the Deputies Organization, the Government's rule of law bodies should be submitted to the Government for the purpose of agreeing to the preparation of the document and the materials provided for in articles 11 (ii) to (v) of this provision.
Article 13 Government rule of law institutions should review the content of normative documents sent in compliance with the provisions of Articles 5, 6, 7 and 7 of the present article.
Article 14. The normative documentation for the review is one of the following cases, and the Government's rule of law institutions should provide additional amendments or suspensions to the drafting sector:
(i) The basic conditions for the development of this normative document 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 with the relevant departments and the significant differences that existed were not coordinated with the relevant departments.
Article 15. Government rule of law institutions may modify and coordinate the differences between the draft normative documents that are submitted for review. The Government's rule of law bodies can listen to the views of the relevant units and individuals through the holding of colloquiums, memorials and hearings.
Article 16 Government rule of law institutions should be reviewed within 10 working days of the date of receipt of the draft normative document.
Draft normative documents that are more controversial, complex or related to other major issues need to be further developed, cannot be reviewed within the previous paragraph and, with the approval of the heads of the rule of law, may extend 10 working days and communicate the reasons for the extension to the trial sector.
The draft normative document concerned the need for hearing on major social matters, in accordance with the relevant provisions of the provisional approach to decision-making hearings on major social matters of the FI.
Article 17: The executive organ shall, with the approval of the principal holder of the design body, issue normative documents as required by the following emergencies:
(i) The occurrence of major natural disasters, epidemics or other unforeseen events that endanger public safety at large;
(ii) Execution of emergency orders and decisions by superior authorities.
After the review of the Government's normative documents by the Rule of Law Body, a written report on the review of the views should be sent to the Executive Office of the Government (rooms), which are governed by the procedures.
After a review of the legitimacy of sectoral normative documents by the Government's rule of law bodies, it should inform the departments that have developed normative documents in writing of views. The sector should complement and amend the review observations made by the Government's rule of law bodies, and should provide a written justification for the Government's rule of law bodies within 10 days of the receipt of the review.
Chapter III Decisions and publication
Article 19 Produces the normative documents of the Government, which shall be signed by the heads of the rule of law at this level, by the Secretary-General of the Government (Chief of the Office of the Chief of Staff) and by the Head of Government. The content of the normative documents of the Government concerned the interests of citizens, legal persons and other organizations, or the significant impact on society, and should be considered by the Government's standing or office meetings.
Article 20 publishes sectoral normative documents and shall be considered by the sectoral office and issued by the principal heads of the sector.
Article 21, normative documents should be made public in society. Unpublished societies cannot be used as a basis for the administration.
The normative documents developed by the municipality and its sectors shall be issued in full in the Official Journal of the People's Government of the Overseas Territories. The text of normative documents published in the FI Bulletin is the standard text.
Districts (communes), regional governments should establish government bulletins to harmonize the publication of normative documents for the Government and its sectors.
In addition to the publication in the form of the previous paragraph, the establishment of organs may also publish normative documents in the form of bulletins, websites, magazines, radio and television.
The decision to repeal the document during the effective period of the normative document or the decision to continue to implement the normative documents shall be issued in accordance with the preceding paragraph.
Article 22
(i) Review of the legal institutions of the Government;
(ii) Formal and electronic texts of normative documents.
Article 23 should be implemented after 30 days of the date of publication, but as a result of the need for a major public interest or the impossibility of the publication would impede the operation of normative documents, it could be carried out from the date of publication.
Chapter IV Status and oversight
Article 24
(i) Reports;
(ii) Formal paper text of normative documents (conclusive electronic text);
(iii) A description of normative documents.
Article 25 The Government has developed normative documents that should be sent to the Government within 30 days of the date of the formal publication of the document (a way to the Government's rule of law institutions) and to submit a copy of the report and the official paper of the normative document (with electronic text).
Article 26, in accordance with the normative document established under article 17, should be sent to the present Government within five working days of the date of the formal publication of the document (a pathway to the Government's rule of law body), and a copy of the report and the official paper of the normative document (with electronic text).
Article 27 provides for the submission of normative documents, in accordance with articles 24, 25, 26 of the present provision, the registration of cases by the Government's rule of law bodies, in accordance with articles 24, 25, 26, the notification of supplementary reports by the enacting body to the required registration, the non-registration of normative documents, and clarifications to the design organs.
The certified normative documents are regularly published by the Government's rule of law bodies.
Article 28 of the Government's rule of law bodies should verify the sectoral normative documents that are sent, and review the legitimacy of the normative documents of the lower-level Government.
The sectoral normative documents that have been found in the nuclear examination are inconsistent with the Government's rule of law bodies, or the normative content of government documents developed by the lower-level government is not in accordance with the provisions of Articles 5, 6 and 7 of the present article, and the Government's rule of law bodies may recommend that the body be developed to modify, withdraw or make decisions to deal with the reporting period.
The organs shall be required to report to the Government's rule of law bodies within 20 days of the date of receipt of the prior provision.
Article 29 violates the normative documents established under this provision. The Government's rule of law bodies may bring the document to the Government of the people at this level and make public announcements of the document.
In violation of this provision, the existence of normative documents is serious and has serious adverse consequences and negative impacts, and the Government's rule of law institutions may recommend that the relevant authorities hold administrative responsibilities of their principals and those responsible directly.
The normative documents issued by Article 31 of the institution are not submitted in accordance with this provision or are not subject to a review of the status of views, which is communicated by the accepted governmental rule of law bodies to the development of the institution's time frame; are not later rectified, criticized and recommends that the authorities be held accountable for the administrative responsibilities of its principal and direct responsibilities.
Article 32, State organs, social groups, business organizations, civil perceptions that normative documents are incompatible with laws, regulations, regulations or superior normative documents may be governed by the following provisions:
(i) A written opinion may be provided to the development body or to the Government's rule of law institutions at the top level;
(ii) Written observations may be made to the formulation of organs or to the same level of government rule of law institutions.
A body or a governmental rule of law body should review and respond to normative documents challenging State organs, social groups, business organizations and citizens.
Chapter V
Article 33 should be regularly cleared by the executive branch of normative documents and identify inconsistencies with legal, legislative, regulatory and national policy guidelines and should be amended or repealed in a timely manner.
The executive branch modifys, repeals normative documents and implements this provision.
Article 34 districts (markets), sector governments may develop specific means of implementation in this administrative region in accordance with this provision.
Article 33 XV provides for implementation effective 1 January 2008. The Regulation on the Management of Norms in the City of Francis South, issued on 14 September 2004, was also repealed.
The executive body should clean up by the end of 2007 in accordance with this provision and make the results of the clean-up to society public.