Jinan Normative Document Management

Original Language Title: 济南市规范性文件管理规定

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(July 10, 2007, Jinan City, the people's Government of the 49th Executive session on August 16, 2007, Jinan City people's Government announced order No. 225 as of January 1, 2008) Chapter I General provisions article to strengthen the Executive and regulatory document management, promoting administration according to law, safeguarding national unity of legal system, in accordance with the People's Republic of China of the organic law of the local people's congresses and local people's Governments at various levels, the Shandong province, regulations and regulatory documents filing regulations and other relevant laws
    , Rules and regulations, based on actual city, these provisions are formulated.
    Normative documents referred to in the provisions of article refers to Government and Department within the statutory terms of reference developed and published, standardizing administration, involving the rights and obligations of citizens, legal persons and other organizations, generally binding files.
    Internal system of administrative organs and personnel appointment and removal decisions, on specific issues to make a decision of administrative handling and up-level executive authorities for instructions, reporting and so on, these rules do not apply.
    Regulatory documents are divided into normative documents and normative documents of departments of the Government.
    Provisions of this article apply to the city and County (City) departments, the Central Government as well as the work (hereinafter administrative authorities) and introduction of normative documents for the record.
    The provisions of the fourth article of the said Government departments including the city and County (City) area directly under the Government's departments and agencies, institutions, ad hoc bodies, agencies and other institutions with administrative functions according to law.
    The provisional institutions, departments, internal bodies shall not be released on behalf of this body of normative documents.
    Article fifth administrative organs of normative documents, should embody the spirit of reform, in line with the principle of simplification, uniformity and efficiency, scientific and normative administrative acts to promote government functions into economic regulation, market supervision, social management and public services.
    Sixth administrative authorities of normative documents must comply with the following requirements: (a) consistent with the laws, rules, regulations and national policies, (ii) is the statutory remit of the enacting body, (iii) unity of executive powers and responsibilities and (iv) protect the legitimate rights and interests of citizens, legal persons and other organizations.
    Seventh administrative organs shall not be set in the standard document the following: (a) the administrative licensing items; (b) matters of administrative penalties; (c) matters of administrative fees; (iv) shall be determined by law, regulations, regulatory matters and the higher administrative authority.
    Administrative organ for the implementation of the laws, regulations and rules, specified in the normative documents, not new citizens, legal persons or other organizations, the obligations and restrictions on the rights of citizens, legal persons or other organizations.
    Drafting and review of the eighth chapter Executive to draft normative documents, should study the necessity and feasibility for the formulation of the document, normative documents to solve problems, to be established by the main system or measures to be the main content such as full investigation proved, can take seminars, public hearings, feasibility study meeting, to forms of public consultation.
    Regulatory documents related to other parts of the Government duties or work closely with other departments, drafting Department shall seek the views of other departments, or drawn up jointly with other departments. Nineth normative document is valid from the date of implementation shall not exceed 5 years. Has expired, the effectiveness of normative documents automatically terminated.
    Regulatory documents shall cease to develop organs should be announced to the public. Administrative body that normative documents need to be continued after the expiry of, shall, before the expiry of 6 months to evaluate the implementation file.
    After assessment, normative documents do not need to modify, the enacting body shall publish in the continued implementation of the decision to file; the contents of the file 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.
    Revised regulatory documents shall be in accordance with the requirements set out in the submission reviewed, published.
    Article tenth sector normative documents, shall be subject to institutional review and revise the Department in charge of Legal Affairs, Department leading group for discussion and adoption, signed by the sector leaders submitting draft submitted to the validity of the Government legal agencies.
    11th article sector trial sector normative file Shi, should to this level government legal institutions 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.
    12th Government departments on behalf of the Government of the need to develop regulatory documents, should be submitted to the level of Government agrees.
    Sector organizations to draft normative documents of the Government, should be examined by the Department in charge of legal affairs agency changes leaders brainstorm after leaders signed by and form approval draft report on the level of Government, legal review by the Government.
    Department approval organizations when drafting Government documents, Government shall be submitted to the Government legal organization agreed to set the file's instructions and the provisions of article 11th (ii) to (v) provision of material.
    13th government legislative bodies should be content to submit regulatory documents in accordance with the provisions of article fifth, sixth and seventh review of the provisions.
    14th article submitted review of normative file has following case one of of, government legal institutions should proposed added modified or suspended developed of views, returned drafting sector: (a) developed the 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) not sought related sector views and on exists of major differences not and about sector for coordination of. 15th government legal organization can make modifications to the draft submitted to the review of regulatory documents and coordinate differences of views.
    The major issues involved in the draft, government legal agencies by holding forums, feasibility study meeting, hearing and other forms, hearing the views of relevant units and individuals.
    16th the Government legal authority shall accept normative document review is completed within 10 working days from the date of the draft.
    About controversial, complicated or deal with other important issues that need further investigation of draft normative documents, during the term of the preceding paragraph cannot be examined, approved by the heads of legal institutions, can be extended by 10 working days, and will extend their reasons for submitting departments.
    Draft regulatory documents needed in matters involving significant public hearing, in accordance with the Jinan municipal people's Government of interim measures for the matters of major public hearing regulations.
    17th under the Executive authority of the following emergency need for regulatory documents, approved by the enacting body primarily responsible for immediate release: (a) the major natural disasters, epidemics or other unexpected event, endanger the safety of a wide range of public, (ii) emergency orders and decisions of the executive authorities.
    18th government legal agencies to review government regulatory documents, review comments should be submitted in writing to the Office of the Government (), by the Office of the (room) procedures. Legal institutions on sectoral normative documents on the legitimacy of the Government review, the review should be written notice to the development of normative documents by sector.
    Departments shall, in accordance with government legal agencies proposed additions and modifications to the review, the review cannot be included, shall, upon receiving the review comments within 10th of reasons to the Government legal organization in writing. Chapter III decisions and 19th publishing normative documents of the Government shall be signed by the governmental head of the Government legal opinions, Secretary General of the Government (Office) audits, government leaders signed, issued by the head of Government.
    Government regulatory documents concerning citizens, legal persons and other vital interests of the organization or have a significant impact on the community, shall be subject to consideration at its Executive meeting or Office of the Government decision.
    Article 20th sector normative documents shall be subject to consideration by the Office decided and issued by the Chief of the Department. Article 21st regulatory documents shall be released to the public.
    Was not announced to the public, not as the basis for Administration. Regulatory documents established by the municipal government and its departments should be released the full text of the Jinan municipal people's Government Gazette.
    Published in the Bulletin of the Jinan municipal people's Government of the normative document text for the standard version.
    Counties (cities), Official Gazette of the Government shall establish a unified publishing normative documents of the Government and its departments.
    Except as published in the preceding paragraph, a development of organs but also through bulletin boards, websites, magazines, radio, television and other forms of publishing normative documents.
    Abolition of files within the normative documents valid for decision or the expiry of continued implementation of the decisions of the regulatory documents published in accordance with the provisions of the preceding paragraph.
    22nd of municipal and County (City), the Government drew attention to the Office of the Government of the same level (room) in the publication in the official journal of the Government sector normative documents the following documents shall be submitted: (a) the level of government legal agencies review, (ii) normative documents of official texts and electronic texts.
    Article 23rd regulatory documents shall be implemented since the release date of 30th, but due to the significant public interest requires or not implemented will prevent regulatory documents to implement immediately after they were published, and can be implemented from the date of publication. Fourth chapter registration and supervision of 24th of municipal and County (City), the District Government's regulatory documents shall be from the date of publication in the 30th by the Government legal agencies higher level Governments to submit for the record the same level (size sent the Government legal organization), and submit the following materials: (a) filing reports; (b) the official paper of the normative document text (e-text);

    (C) the description of the development of normative documents.
    25th Government departments to formulate normative documents, shall file an official release date of submission to the level of Government in the 30th for the record (size sent the Government legal organization), and to submit for the record and normative documents of official paper version of the report (electronic version).
    Article 26th according to article 17th of normative documents, shall file a formal release within 5 working days of the date of this level of Government submitted for the record (size sent the Government legal organization), and to submit for the record and normative documents of official paper version of the report (electronic version).
    27th article submitted to the normative documents for the record, in line with the provisions set forth in 24th, 25th, 26th, and government legal agencies to register; do not meet the requirements of article 24th, 25th, 26th, after informing the enacting body supplements submitted to meet the requirements, be filing; not part of the normative document is not registered, and to explain to the enacting body.
    Registration of normative documents, published periodically by the Government legal organization directory.
    28th government legislative bodies should be submitted to the records Department of normative documents for verification and review of subordinate normative documents on the legitimacy of the Government.
    Upon review found the Department submitted for the record documents original review disagreed with government legal organization, or lower levels of Government to develop contents of government regulatory documents does not comply with the provisions of article fifth, sixth and seventh article, government legal agencies recommended the development agency to change, repeal or put forward opinions the Government decides.
    The enacting body shall, from the date of receipt of the comments in the preceding paragraph in the 20th, which will deal with government legal agencies. 29th article in violation of the provisions of normative documents are invalid.
    Government legal agencies may request the people's Government to revoke the document, and notice in the public release of the file on the carrier.
    30th in violation of the provisions of normative documents, in serious serious adverse consequences and negative effects, the Government legal organization can suggest relevant departments investigate and deal with the main charge and the administrative responsibility of the persons directly responsible.
    Article 31st normative documents issued by the authorities was not submitted for the record in accordance with this, or does the record review comments, by accepting the record of the Government legal organization informed the development authority expiration correction; it fails, give notice of criticism, and recommended that the authorities hold their charge and directly responsible to the administrative responsibilities.
    32nd article State, and social groups, and Enterprise career organization, and citizens think normative file and legal, and regulations, and regulations or superior normative file phase conflict of, can according to following provides handle: (a) for Government normative file can to developed organ or Shang level government legal institutions proposed written views; (ii) for sector normative file can to developed organ or sibling government legal institutions proposed written views.
    Enacting body or Government legal agencies will be expected to State organs, public organizations, enterprises and institutions, and citizens to challenge normative documents have been reviewed, and response.
    Fifth chapter supplementary articles article 33rd Executive should always clean the normative documents, found with the laws, rules, regulations and national policies are inconsistent, should be modified or repealed.
    Modified, abolishing the normative documents of the Executive, in accordance with this regulation.
    Article 34th counties (cities), the Central Government may, pursuant to the provisions of specific measures for the implementation of their respective administrative areas. 35th article of the regulations come into force on January 1, 2008.
    Normative documents, Jinan municipal government, released September 14, 2004 the regulations repealed simultaneously.
          Administrative body in normative documents issued before the implementation of these provisions, shall, in accordance with these provisions are cleared before the end of 2007, and will clear the results announced to the public.