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Wuhan Administrative Normative Document Management

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

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(Adopted at the 3rd ordinary meeting of the Government of the city of Vilhan on 13 February 2007, No. 175 of the Order No. 175 of 8 March 2007 of the People's Government of Vavhan City, which was launched effective 8 April 2007)

Chapter I General
Article 1, in order to strengthen the management of the administrative normative documents of my city (hereinafter referred to as normative documents), ensures the harmonization of the rule of law, in accordance with the relevant laws, regulations and regulations, such as the People's Congress and the People's Government Act at the local level of the People's People's Republic of China.
The normative document referred to in Article 2, which refers to organizations authorized by the Government and its functional departments and laws, regulations and regulations that manage the functions of public affairs, is generally binding on citizens, legal persons and other organizations in accordance with the statutory mandate.
Normative documents are divided into governmental normative and sectoral normative documents. Normative documents issued by the Government of the city, the peoples of each region are normative documents of the Government; normative documents issued by the Government's functional sector and the legal, regulatory and regulatory organizations that are mandated to manage the functions of public affairs (hereinafter referred to as sectors) are sectoral normative documents.
Article 3 Governments and their internal management systems, including the rights of citizens, legal persons and other organizations such as personnel, administration, external affairs and financial management, internal rules of public service that do not directly affect the obligations, requests and reports to the superior administrative organs, administrative decisions taken on specific matters and other non-universal documents, do not apply to this provision.
Article IV
Article 5 violates the invalidity of normative documents formulated and issued under this provision and the right of citizens, legal persons or other organizations to refuse implementation.
Article 6 establishes normative documents that shall not be in violation of constitutional, legal, regulatory and regulatory provisions; shall not be in conformity with the orders, decisions of the superior administrative organs; nor shall it go beyond the statutory terms of reference of the subject.
The content already specified in laws, regulations and regulations does not in principle duplicate provisions.
Article 7 establishes normative documents that may not be granted administrative licence matters, shall not create administrative fees and shall not impose administrative penalties and administrative coercive measures.
Article 8. Terms of normative documents should be accurate, concise; content should be clear, specific and operational.
Drafting
Article 9. Drafting normative documents should conduct research on the need and feasibility of the development of normative documents and conduct research on issues to be addressed in normative documents, key systems to be established or key measures to be specified.
Article 10 Drafts normative documents that should be heard by citizens, legal persons or other organizations.
The drafting sector heard the views that could be made either in writing or in the form of a colloquium, analyst and hearing.
Article 11. Civil, legal or other organizations make observations and recommendations on the content of the draft normative document, and the drafting sector should study the treatment, give feedback to citizens, legal persons and other organizations that make observations or recommendations, as set out in the draft note.
Article 12 Government normative documents may be drafted by the relevant Government departments or by the Government's rule of law institutions.
Sectoral normative documents are specifically drafted by the relevant operational body or by the rule of law body.
The drafting of normative documents could invite relevant experts, organizations to participate, or experts, organizations to draft them.
Drafting units of normative documents should fully seek the views of relevant departments, agencies. Where necessary, it may be co-drafted by more than two sectors, institutions.
The drafting sector should coordinate with the relevant departments, agencies that make important differences on the content of the draft normative document.
Coordination and treatment of important disagreements should be reflected in the drafting note.
Article 14. Sectoral normative documents or governmental normative documents drafted by sectoral organizations should be reviewed by sector rule of law bodies and adopted by sectoral leadership.
The review of the rule of law institutions in the sector should be set out in the drafting note.
Article 15 draws the Government's consideration of a draft of the normative documents of the Government, which should be transferred to the Government's rule of law bodies before the official publication.
The Government's normative paper, drafted by the Government's rule of law bodies, led by the Government's rule of law institutions to discuss the adoption of the post-secondary people's Government.
Chapter III Review of sectoral normative documents
Article 16 governs sectoral normative documents, which, in accordance with article 14 of this Article, shall be subject to review by the Government's rule of law bodies before publication.
Nor shall the sectoral normative documents that have not been reviewed by the Government's rule of law bodies be issued.
Article 17 Transmissions of sectoral normative documents reviewed by the Government's rule of law bodies should be signed by the main heads of the drafting sector; the drafting of a joint drafting by several departments should be signed by the principal heads of each sector and be sent to the host sector.
Article 18 should be accompanied by a drafting note, a drafting basis and information on the request.
Article 19 sends a copy of the normative documents sent to the trial sector, and the Government's rule of law body shall be reviewed within 10 working days of the date of the receipt and shall communicate the views of the review to the court department in writing.
The Government's rule of law body does not provide a written review of views within the prescribed time frame as a review agreement.
Article 20 is one of the following cases in which the Government's rule of law institutions should make opinions that are not agreed, supplemented by changes, suspended or reported to the Government's decisions and return to the prosecution sector:
(i) In violation of articles 6, 7 of this provision;
(ii) The basic conditions for the development of normative documents are not ripe;
(iii) The main content of the provisions of the sectoral normative document was largely controversial, and the delivery sector was not sufficiently consulted or consulted with the relevant departments, agencies.
The Government's rule of law bodies should hear the views of the referral sector prior to the submission of views that are not agreed, supplemented or suspended in accordance with the preceding paragraph.
Article 21 establishes a special chapter for sectoral normative documentation review.
The written review by the Government's rule of law bodies should be accompanied by the exclusive chapter of the sectoral normative document review.
Article 2 should be addressed by the referral department in accordance with the review of the Government's rule of law bodies to the sectoral normative documents.
Article 23, which is subject to the review of the Government's rule of law institutions, may be challenged in writing within 10 working days of the date of the written review of the Government's rule of law bodies, on the grounds that the Government is coordinated.
Chapter IV Dissemination and interpretation
Article 24 normative documents should be made available to society. Nor shall the normative documents that have not been issued to society be null and void and are not used as a basis for the administration.
Article 25 Normative documents should be published on the designated government website of the body.
Article 26 Normative documents should be carried out after 30 days of the date of public publication, except for legal, legislative, regulatory and policy implementation because of the need to guarantee national security, the major public interest, or if they are not immediately followed.
Article 27's interpretation of normative documents is a government or sector that formulates normative documents.
Chapter V
The Government's normative document developed by the People's Government of the Region should be sent within 30 days of the date of publication to the communal rule of law institutions.
Article 29
Article 33 The rule of law institutions of the Government of the city should review the legitimacy of the documentation of the territorial Government.
In violation of the provisions of Articles 6, 7 of this provision, the territorial Government's normative documents are submitted by the State's rule of law institutions to advise the people of the region who have developed normative documents to change their time frames; they are not later rectified, and are submitted by the authorities of the Government of the communes to make proposals for the withdrawal or reordering of orders and to report to the Government of the city.
Article 31 shall be reviewed in a timely manner by the State's rule of law bodies in respect of the normative documents of the referral case; the need to be corrected shall be communicated to the Government of the people of the region within 60 days of the date of receipt of the normative document of the submission. The Government of the population of the region that was sent should return to the situation within 60 days of the receipt of the comments.
Chapter VI Oversight and responsibility
Article 32 Governments and their sectors should regularly clean up their normative documents, modify or repeal the issued normative documents in a timely manner, based on changes in practice, and changes in laws, regulations, regulations and policies.
Clearing the Government's normative documents, which are responsible for the drafting sector, may also be the responsibility of the Government's rule of law institutions. The former drafting sector or the Government's rule of law institutions should make proposals for the treatment of normative documents of the Government in accordance with the circumstances of the clean-up, to be reported to the people's Government.
Article 33 governs the development and management of normative documents of the municipal sector, the people of the region.
The PAPU is responsible for overseeing the development and management of normative documents in the sector, street offices and communes (communes).
The rule of law in the sector is responsible for monitoring the development and management of normative documents in this sector.
Article 34 of the Government's rule of law bodies conduct oversight inspections of the development and management of normative documents, according to which:
(i) The Government's rule of law bodies may bring the document to the attention of the people at this level and make public statements in the media that have published documents without review by the Government's rule of law institutions;
(ii) In relation to the normative documents of the Government of the communes that have not been documented, the communal rule of law institutions can make proposals for changes or withdrawal to the communes;
(iii) In violation of this provision, the development of normative documents that result in serious adverse consequences and impacts or damage to the legitimate rights and interests of citizens, legal persons and other organizations due to the implementation of invalid normative documents, the Government's rule of law bodies may bring to the attention of the relevant authorities, such as the inspectorate, the executive responsibility of their principal and direct responsibilities under the law;
(iv) The Government's rule of law should be required not to be sent to trial or to file, to issue normative documents in accordance with this provision, and the denial of correction could be brought to the relevant authorities, such as the inspectorate, to hold administrative responsibilities under the law for its principal and direct responsibilities.
Article 35, civil, legal or other organizations consider that normative documents are not in accordance with this provision and may make recommendations for review to the Government's rule of law institutions. The Government's rule of law institutions should review and respond to citizens, legal persons or other organizations that have made recommendations for review.
Article 36 of the Government's rule of law does not perform the functions of the review of normative documents and has serious social consequences, and is subject to the administrative responsibility of the inspectorate's principal responsibilities and those directly responsible.
Chapter VII
Article 37 communes (communes) government, the development and management of normative documents in the street offices are implemented in accordance with this provision.
Article 338 of the present provision was introduced effective 8 April 2007. On 9 November 1998, the provisions of the Vavhan City Normative Documents Procedural Document, which was issued by the Government of the people of Vilhan, were repealed simultaneously.