Provisions On Administration Of Administrative Normative Document In Urumqi

Original Language Title: 乌鲁木齐市行政规范性文件管理规定

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(May 8, 2006 the city of Urumqi municipal people's Government at the 37th Executive Meeting July 5, 2006 to 76th, published since August 10, 2006, the people's Government of Urumqi) first to strengthen the administrative normative document management, maintain the uniformity of the legal system, in accordance with the relevant laws and regulations, combined with the city's actual, these provisions are formulated.
    Provisions of this article apply to the municipal administrative normative document drafting, reviewing, publishing, record and interpret.
    Article III administrative standard documents in these rules refers to agencies affiliated with the Governments and their departments, according to laws, regulations, rules and orders, decisions of the higher levels of Government, in accordance with the statutory powers and procedures published, relating to rights and obligations of citizens, legal persons and other organizations, applied repeatedly over a given period, in the jurisdictions generally binding files.
    Administrative normative document include normative documents and normative documents of departments of the Government.
    Fourth Government and its internal management system, 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 issues to make a decision of administrative handling and other files that are not generally binding, these rules do not apply.
    Article fifth administrative normative documents developed consistent with streamlining, uniformity and efficiency principles, terminology should be standardized, simple and accurate, as should be clear, specific, operational.
    Sixth administrative regulatory documents shall be in accordance with investigation and drafting, advice, coordination differences, legal review, review decisions, Department, signed and promulgated procedures.
    Seventh released in violation of the provisions of the administrative normative document invalid from the beginning, a citizen, legal person or other organization has the right to refuse to perform.
    Article eighth the following institutions shall make administrative normative documents: (a) temporary administrative bodies; (b) the establishment of the deliberation and coordination agencies and (iii) internal institutions at the sectoral and (iv) the Government agency of the Department.
    Nineth administrative normative document, shall not violate the provisions of the Constitution, the laws, regulations and rules; subject to the higher administrative authority orders, decisions must not exceed the statutory terms of reference of the Executive.
    Tenth administrative normative document shall not require the following elements: (a) administrative licensing items; (b) matters of administrative penalties; (c) the compulsory administrative measures and (d) matters of administrative fees, (v) other matters shall be determined by law, regulations and rules.
    11th law, regulations and rules have been clearly defined, administrative normative document provisions, in principle, will not repeat.
    12th general administrative normative documents in the form of provisions, apart from the content outside the complex, is not divided into chapters and sections.
    13th draft normative documents, it should be to study the necessity and feasibility of developing normative documents, and administrative normative document to solve the problem, proposed the establishment of the system or the main measures to be provided for research demonstration when necessary, you can invite relevant departments and experts and scholars to participate in the demonstration.
    Article 14th draft normative documents, should listen to the views of citizens, legal persons or other organizations concerned.
    Drafting Department hearings, written comments could be taken or held public forums, feasibility study meeting, hearing and other forms.
    15th the citizens, legal persons or other organizations presented their views on the draft normative documents and recommendations, drafting Department shall research, will take feedback to comments or recommendations of the citizens, legal persons or other organizations, and contained in the draft.
    16th administrative normative documents concerning any other Department, agency management terms of reference, draft departments should seek the advice of relevant departments, agencies fully.
    Related departments, agencies significant differences of opinion on the draft administrative normative documents, drafting departments shall coordinate, coordination and processing of which is set out in the draft.
    17th administrative normative documents or Government administrative normative document drafted by the sector organizations, shall be examined by the sectoral legal harmonization amendments, to draw the leaders decided collectively.
    18th article sector organization drafting of government administrative normative file, submitted government audit released Shi, drafting sector should while submitted following material: (a) administrative normative file trial draft; (ii) administrative normative file description (including developed purpose, and according to, and main content and major differences views of coordination situation, and sector legal institutions of views,); (three) sought views of about material (including sought views range, and on feedback views of analysis, and views adopted situation and description,);
    (D) drafting administrative normative document on the basis of laws, rules, regulations and national policies (v) other relevant material.
    19th article administrative normative file audit including following content: (a) content whether reasonable, and appropriate; (ii) whether beyond statutory permission; (three) whether and legal, and regulations, and regulations and national policy phase conflict; (four) whether and related normative file phase coordination, and convergence; (five) specific provides whether has can operation sex; (six) whether sought about organ, and organization and management relative people of views; (seven) on differences views of coordination and the processing situation.
    20th article sector organization drafting of government administrative normative file has following case one of of, should returned drafting sector: (a) content and legal, and regulations, and regulations phase conflict or violation national policy of; (ii) about sector on normative file trial draft provides of main content exists larger dispute, drafting units not and about sector full consultations of; (three) sector legal institutions not on submitted of normative file for audit modified of; (four) not by provides program submitted of;
    (E) failing to submit relevant materials according to the provisions of article 18th stipulated.
    Sector organizations government administrative normative document drafted by the problems, government legislative bodies should be points in the year administrative responsibility according to law. Article 21st administrative regulatory documents shall be released to the social Union.
    Not invalid unified administrative normative documents be released to the community, not as the basis for Administration.
    22nd the enacting body shall be prescribed by the disclosure of Government information, through radio, television, the Internet, newspapers announced to the public by way of administrative normative document.
    Article 23rd administrative normative documents shall generally be implemented since the 30th after the date of its publication, but after the publication of not immediately implemented will prevent administrative normative documents to implement, can come into force on the date of promulgation. 24th should provide valid administrative normative documents. Valid from administrative normative documents should not be longer than 5 years from the date of its publication.
    Expiration, effectiveness of administrative normative document automatic termination.
    25th six months before the expiry date of the normative documents, normative document drafting or implementing departments of the need to continue to implement the file, should be to assess the implementation of the normative documents, according to the assessment of the revised.
    Revised administrative normative document for the new development of normative documents. 26th a citizen, legal person or other organization has the right to check out the administrative normative documents already published.
    Administrative normative documents shall be available in the Office areas of the authority publishing normative documents available for inspection by the public free. 27th article administrative normative file should by following provides reported prepared: (a) District (County) Government developed of administrative normative file by developed mouthpiece city government record; (ii) city, and district (County) Government law established of sent organ developed of administrative normative file, to established the organ of government record; (three) city, and district (County) Government belongs work sector developed of administrative normative file, by developed mouthpiece this level government record, while copy Shang level administrative competent sector. Two or more joint development of normative documents sent by host mouthpiece; (d) the customs, finance, taxation, foreign exchange management, industry and commerce, quality and technical supervision such as the vertical administrative normative documents of the administrative organs, reported to the competent authorities at a higher level for the record, with a copy to the people's Governments at the corresponding level.
    Otherwise provided by laws and regulations, from its provisions.
    28th administrative normative document should be submitted for the record in the 10th as the date of promulgation.
    29th to submit administrative normative documents for the record shall be submitted to the official text, make note of the Chinese 5, filing reports, evidence or material 1.
    Record should be submitted to the administrative normative documents electronically and submit the administrative normative documents. 30th article record organ of legal work institutions on in administrative normative file record review in the found of problem according to following provides processing: (a) administrative normative file beyond developed organ statutory permission, and with legal, and regulations, and regulations phase conflict or content not appropriate of, proposed corrected views and ordered deadline corrected; late not corrected of, reported to the this level Government be revoked and informed criticism; (ii) different organ developed of administrative normative file Zhijian has contradictions of, should for coordination, coordination inconsistent of,
    Put forward opinions, level people's Government for decision; (c) the administrative normative documents that establish procedures or technical problem, ordered to make deadline.
    Reviewed and found illegal or improper administrative normative document provisions, proceeding may have serious consequences, before the enacting body to correct, for the Agency's Office of Legislative Affairs should be made to suspend the administrative normative document part or all of the contents of the decision. 31st filing authority of legal working body in no position to handle administrative normative document should discontinue consideration, transferred power to handle bodies and notify the administrative normative documents of the enacting body.

    32nd a citizen, legal person or other organization has found administrative normative document is inconsistent with the laws, rules, regulations, or administrative normative document there is a contradiction between, you can register at developing organ or organs written recommendations of the Office of Legislative Affairs.
    Developing organ or filing a legal working body shall be verified and processed according to established procedures.
    Article 33rd record authorities a legal working body shall receive this article 29th 30th of the materials listed in the, review comments on the submitted filing administrative normative documents and notify the enacting body.
    Filing authority corrected opinion on the Legislative Affairs Agency, the enacting body shall from the date of receipt of the notification of 15th within corrections, and a written reply the result.
    Article 34th explanation right belongs to the development of the normative documents of the normative documents Government departments.
    Government interpretation of administrative normative document should be drafted by the Organization of the departments explained the draft, announced after the enacting body for examination and approval.
    Interpretation by departments departments administrative normative documents legal organization comments refer to normative documents audit procedures, adopted by the Department leading group discussions will be announced.
    35th Government and its departments should regularly clean up its administrative normative document according to practical situation changes, as well as laws, regulations, rules and adjustment of national policies, published in time administrative normative documents be revised or repealed.
    Article 36th legal institutions are responsible for the area (s) administrative normative documents of the people's Government municipal government departments develop and supervise the implementation of the record check.
        37th article of the regulations come into force on August 10, 2006.

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