Fuzhou Normative Documents Of The Executive Management

Original Language Title: 福州市行政机关规范性文件管理办法

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~10 (June 26, 2007 Fuzhou Government 14th times Executive Conference considered through July 5, 2007 Fuzhou Government makes 36th, announced since August 1, 2007 up purposes) first article for specification I city levels administrative organ normative file of developed and record work, advance administrative organ law administrative, according to People's Republic of China legislation method, and Fujian province power organ, and administrative organ normative file management approach, legal regulations provides, combined this city actual,
    These measures are formulated.
    Second this approach applies to the municipal or County (City) district people's Government and its subordinate departments development of normative documents and records management.
    Article of normative documents of the Executive in these measures refers to municipal and County (City) district people's Government and their departments for administration according to law, formulated in accordance with statutory authority and procedures for non-citizens, legal persons and other organizations generally binding-specific, repeated over time for rules of conduct in General.
    The internal work, personnel appointment and removal of the executive decisions and administrative decisions on specific matters, not part of the normative documents of the Executive.
    Fourth of municipal or County (City) district people's Government Office of Legislative Affairs is responsible for the same level people's Governments and their departments and developing normative documents issued by the people's Governments at lower levels of review each Office of Legislative Affairs is responsible for the review of regulatory documents issued by the system.
    Article fifth administrative normative documents and file formats, the municipal people's Government announced legal working body in accordance with the relevant provisions. Sixth article developed administrative organ normative file should meet following provides: (a) meet legal, and regulations, and regulations provides; (ii) meet developed organ statutory terms range; (three) comply with administrative organ documents processing provides; (four) shall not created administrative license, and administrative punishment, and administrative forced, and administrative charges and other should by legal, and regulations, and regulations provides of matters; (five) quoted legal, and regulations, and regulations of administrative punishment, and administrative forced provides shall not beyond statutory range range; (six) on implementation legal, and regulations, and
    And made to carry through the policy provisions of the regulations specifically provides that no additional obligations to citizens, legal persons and other organizations, laws, rules and regulations shall not be restricted citizens, the rights of legal persons and other organizations. Article seventh by the Department drafted, on behalf of the Government to develop normative documents issued by the Administrative Department that departments submit draft should be accompanied by a statement drafted.
    Drafting instructions should include the following elements: (a) the necessity and feasibility of the development of the normative documents, (ii) refers to laws, rules, regulations and regulatory documents of names, terms, and (iii) the main system, measures to be established and (iv) to seek the views and the views of the parties to adopt; (e) explanations of key provisions.
    Draft normative document made in respect of the same matter and current normative documents are inconsistent, drafting instructions should be explained to replace the existing normative documents of the executive authorities, draft normative documents shall specify the abolition of Administrative Department title and post font size.
    Eighth draft issued on behalf of the Government to develop the normative documents, the Government audit of the Office of Legislative Affairs, Government Legislative Affairs Agency will draft sent or draft involves issues related to the relevant organs, organizations and experts for advice, and reviewed and revised, approved by the Government to enact.
    Draft does not comply with the provisions of article sixth, seventh, and modified by the legal work of the Government agencies returned to the drafting of the sector.
    Nineth Executive regulatory documents shall be implemented since the release date of 30th, but due to the need to protect national security and vital public interests, or release immediately after the execution could affect laws, rules, regulations and except for the implementation of the national policy. Tenth Article administrative organ normative file should since released of day up 30th within, by developed organ in accordance with following provides up level administrative organ submitted record: (a) County (City) District Government, and city government work sector developed and issued of normative file reported city government record; (ii) County (City) District Government work sector developed and issued of normative file reported County (City) District Government and Shang level administrative organ record; (three) two a or two a above administrative organ joint issued of normative file,
    Hosted by executive authorities to common administrative organ at a higher level for the record.
    Recordal of the amendment and abolition of regulatory documents, management according to the provisions of the preceding paragraph.
    11th administrative authorities of normative documents submitted for the record shall also submit the following documents: (a) the normative document filing reports, official texts, the drafting instructions in 10 copies (attach an electronic copy), (ii) development of normative documents on the basis of the main laws, regulations, rules or list of national policy and to 1.
    The material submitted for the record, can send filing Office Office of Legislative Affairs.
    12th State organs, citizens, legal persons and other organizations to view regulatory documents are not appropriate, can contribute to the normative documents for the record review comments. 13th article legal work institutions received submitted record of normative file and other record material, should in 60 days Organization for review, according to following provides respectively made processing decided: (a) submitted record of normative file and material full, and specification, and content legal of, made be record of reply; (ii) submitted record of material not full, and not specification of, notification submitted organ deadline padded; (three) normative file violation legal, and regulations, and regulations or national policy provides of,
    Return the enacting body to correct themselves within limit; refusing to correct, be changed or revoked by law.
    14th the enacting body shall, before January 31 of each year, the region, the sector last year the standard of five copies of the directory of the file submitted to the registration authority for reference checks.
    15th administrative authorities of normative document filing rate, lawful rates into all regions and all sectors performance indicators assessment indicators, specific assessment criteria in accordance with the relevant provisions.
    16th article violates these rules, do not submit or not to submit regulatory documents filed on time, formulated by the people's Government at the legal notice period to submit; still not submitted overdue, given by the people's Government at the criticism, and ordered to submit.
    Article 17th record normative documents before the supervisory authority does not review or the review found that the problem is not corrected, the higher administrative authority shall order within a time limit or be criticized.
  18th article this way come into force on August 1, 2007.