Wuhan Administrative Normative Document Management

Original Language Title: 武汉市行政规范性文件管理规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(February 13, 2007 3rd meeting consideration of the people's Government of Wuhan municipality on March 8, 2007, 175th promulgated by the people's Government of Wuhan municipality as of April 8, 2007) Chapter I General provisions article to strengthen the city's administrative normative document (hereinafter referred to as normative documents) management, ensure the administration according to law, maintain the uniformity of the legal system, according to the People's Republic of China local people's congresses and organic law of the local people's Governments at all levels and other relevant provisions of laws and regulations,
    Based on actual city, these provisions are formulated.
    Normative documents referred to in the provisions of article, refers to the Government and its departments and legal and authorized rights to administer public affairs organization, based on the statutory terms of reference developed by the citizens, legal persons and other organizations generally binding files. Regulatory documents are divided into normative documents and normative documents of departments of the Government.
    Municipal, district people's Government regulatory documents regulatory documents for the Government; Government departments and legal and authorized rights to administer public affairs functions of the Organization (hereinafter referred to as departments) normative documents issued by normative documents for the Department.
    Article and internal management system of the Government, including Foreign Affairs, finance, personnel, administration, management and other citizens, legal persons and other organizations without directly affecting the rights and obligations of internal corporate rules, higher administrative authorities for instructions and reports, on specific matters of administrative decisions, as well as other files that are not generally binding, these rules do not apply.
    Fourth article of the municipal and district people's Government and its various departments development of normative documents (including amendment and repeal), reviewing, publishing, records and other activities, these provisions shall apply.
    Fifth article violates these provisions are formulated and announced normative document is invalid, a citizen, legal person or other organization has the right to refuse to carry it.
    Article sixth of normative documents, shall not violate the provisions of the Constitution, the laws, regulations and rules; shall not be contrary to the higher administrative authority orders, decisions shall not exceed primary statutory terms of reference.
    Laws, rules and regulations have clearly defined contents, normative document provisions, in principle, will not repeat.
    Article seventh normative documents, not to create administrative licensing items shall not set administrative charges, not to create administrative punishment and administrative compulsory measures.
    Eighth term normative documents should be accurate and concise; provisions should be clear, specific, operational.
    Chapter drafting Nineth draft normative documents, should study the feasibility and necessity of development of normative documents and normative documents to solve problems, to be established by the main system or the main measures to be provided for research demonstration.
    Tenth draft normative documents, should listen to the views of citizens, legal persons or other organizations.
    Drafting Department hearings, may take written comments or held public forums, feasibility study meeting, hearing and other forms.
    11th the citizens, legal persons or other organizations to comment on the draft regulatory documents and recommendations, drafting Department shall research, will take feedback to comments or suggested that citizens, legal persons and other organizations, and contained in the draft.
    12th government regulatory documents by the relevant Government Department or Government legal agencies organize the drafting.
    Departments within the normative documents by the relevant operational agencies or institutions specifically responsible for the drafting of the legal system.
    Drafting normative documents may invite the participation of relevant experts and organizations, may also appoint experts, organize the drafting. 13th the drafting of normative documents unit should be full consultation with the relevant departments, agencies.
    If necessary, can be drafted jointly by two or more departments, agencies.
    Relevant departments and agencies significant disagreement on the draft normative documents, drafting departments shall coordinate.
    Coordination and handling of major differences of opinion, it should be stated in the drafting instructions.
    14th sector normative documents or normative document drafted by the departments of the Government, should be approved by the sectoral legal harmonization, adopted by the Department leading group discussions.
    Department legal agencies set out in the description of the audit opinion should be drafted.
    15th article drew attention to the draft government regulatory documents for consideration by the Government, should be determined by the Office of the Government prior to the official release (RM) transmitted to the Government legal organization audit.
    Government draft government regulatory documents drafted by the Organization of legal institutions, legal institutions by the Government after collective discussion by the people's Governments at the corresponding level for consideration.
    Chapter III examination of departmental normative documents articles 16th departmental normative documents, in accordance with article 14th this Department head after collective discussion through, should be sent to this level of government legal agencies to review before publishing.
    Without the consent of government legislative bodies in reviewing departmental normative documents shall not be published.
    17th sent government legislative bodies in reviewing the draft sector normative documents shall be signed by the head of drafting Department's main; co-authored several sectors shall be signed jointly by the departments in charge of, and the sponsoring department is responsible for the trial.
    Article 18th when departments submit legal agencies to submit to the Government draft, should be submitted simultaneously to the drafting instructions, drafting, and material about the comments.
    Article 19th draft approval Department approval of normative documents, government legal organization shall, within 10 working days of the acceptance review has been completed, and will review the opinion in writing notify the submitting departments.
    Government legal agencies did not review in writing within the prescribed time, as examined and approved.
    20th article sector normative file trial draft has following case one of of, government legal institutions should made not agreed, and added modified, and suspended developed or reported this level Government ruling of views, returned trial sector: (a) violation this provides sixth to seventh article provides of; (ii) developed normative file of basic conditions is not mature of; (three) about sector on sector normative file trial draft provides of main content exists larger dispute, trial sector not and about sector, and institutions full consultations or consultations not of.
    Government legal agencies according to the provisions of the preceding paragraph does not agree, add modify or postpone before making comments, approval the views should be heard.
    21st Government departments regulatory document review seal.
    Government legal agencies to review the written observations shall be affixed to review special sector normative documents.
    22nd approval departments shall, in accordance with government legal agencies review draft sector normative documents to be processed.
    Article 23rd approval Department disagrees with the opinions of the Government legal agencies, receiving the written comments of the Government legal agencies in writing within 10 working days from the date of objection, giving reasons, drew the Government's resolve. Fourth chapter publication and interpretation of article 24th regulatory documents shall be released to the community.
    Not affect regulatory documents are released to the community, not as the basis for Administration.
    25th normative documents should be posted on the website in the development agencies to the Government.
    Article 26th regulatory documents shall be implemented since the public release date of the 30th, but due to the need to protect national security and vital public interests, or release immediately after the execution could affect laws, except for the implementation of the rules, regulations and policies.
    27th right to explain the development of normative documents of the normative documents of Government or sectors.
    Chapter fifth district people's Government established by normative documents record 28th district people's Government Government regulatory documents shall be from the date of publication in the 30th, sending municipal legal filings.
    Normative documents record 29th district people's Government and legal institutions to submit regulatory documents shall be submitted to the municipal people's Government official text, draft notes, developed based on material.
    Legal institutions should be filed under 30th City District of normative documents on the review of legality.
    Record of normative documents in violation of the provisions of article sixth to seventh district people's Government, the municipal legislative affairs agency correction, informed the development of normative documents district people's Government rectify; fails to make corrections, cancellation or correction of the legal bodies by the City Government of recommendations submitted to the municipal people's Government for decision. 31st municipal record of legal institutions to submit regulatory documents shall be reviewed in a timely manner; need to correct, and should be received within 60 days from the date of normative documents submitted for the record, correction notice submitted to the regional people's Government.
    The district people's Government shall be submitted within 60 days from the date of receipt of the correction, will correct the situation.
    The sixth chapter supervision and responsibility article 32nd Governments and their departments at all levels should regularly clean up its regulatory documents, changes according to the actual situation, as well as laws, rules, regulations, and policy adjustments, on published normative documents in time for amendment or repeal. Cleaning of Government normative documents, drafted by the former departments or Government legal agencies.
    The original drafting departments or Government legal agencies shall, in accordance with clear recommendations on proposed regulatory documents on the Government, reported that the people's Governments at the corresponding level decisions.
    Article 33rd municipal people's Government legal agencies are responsible for the municipal sector normative documents, the district people's Government about the development and management of supervision and inspection.
    Area Legislative Affairs Agency is in charge of the area departments, neighborhood offices and township (town) people's Government regulatory documents the development and management of supervision and inspection.
    Sector normative documents of the legal entity responsible for the sector's development and management of supervision and inspection. 34th article government legal institutions on normative file of developed and management situation for supervision check, according to different situation made following processing: (a) on without government legal institutions review and issued, and released of sector normative file, government legal institutions can drew attention to the this level Government revoked the file, and in public released file of media Shang announcement; (ii) on without record of District Government normative file, city government legal institutions can to City Government proposed change or revoked of recommends;

    (Three) violation this provides developed normative file, produced serious bad consequences and effect of, or due to implementation invalid of normative file and damage citizens, and corporate and other organization lawful rights and interests of of, government legal institutions can drew attention to the monitored organ, about sector law held its main head and directly responsibility personnel of administrative responsibility; (four) not in accordance with this provides trial or record, and released normative file of, government legal institutions should requirements corrected; refused to corrected of,
    May ask the supervisory organs and other relevant departments shall be subject to the charge of administrative responsibility and persons. Article 35th of citizens, legal persons or other organizations considered normative documents do not comply with the provisions of the review of recommendations to the Government legal agencies.
    Government legal agencies should review and respond to review recommendations made by citizens, legal persons or other organizations.
    Article 36th government legal normative document review agency to perform duties and would have serious social consequences by the supervisory authorities be held accountable under the administrative responsibility of principals and persons.
    The seventh chapter by-laws article 37th Township (town) people's Government, the subdistrict office regulatory document development and management in the light of these provisions. 38th article of the regulations come into force on April 8, 2007. November 9, 1998 by Wuhan, Wuhan municipal people's Government issued by the normative documents record-keeping regulations repealed simultaneously.