Shantou Normative Documents Of The Executive Management

Original Language Title: 汕头市行政机关规范性文件管理规定

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(December 7, 2005 Government of Shantou 45th Executive meeting on December 16, 2005 Government of Shantou 85th release come into force on February 1, 2006) Chapter I General provisions article, normative documents of the Executive, for the strengthening of the management, maintain the uniformity of the legal system, promoting administration according to law, in accordance with the relevant provisions of laws and regulations, combined with the city's actual, these provisions are formulated.
    Second City following administrative organs (including modified, repealed, the same below) regulatory documents shall comply with these regulations: (a) departments of the municipal government (including government departments, affiliated institutions and agencies and other bodies exercising administrative functions according to law, the same below), (ii) District and county people's Governments and their departments; (iii) town, neighborhood offices.
    Normative documents referred to in the preceding paragraph refers to the administrative organs in accordance with the statutory power to develop publishing, to citizens, legal persons or other organizations with General binding force, files can be applied repeatedly.
    Municipal development of normative documents, reference to municipal government regulatory procedures of the relevant provisions.
    Administrative organ within the system, management system, these rules do not apply.
    Third temporary agencies and organs of the Executive shall make no normative documents.
    Fourth article administrative organ developed normative file, should meet following requirements: (a) followed maintenance citizens, and corporate or other organization lawful rights and interests of, guarantees administrative organ law exercise terms, terms and responsibility phase consistent, terms statutory and program statutory, principles; (ii) meet legal unified of requirements, content not and upper method conflict, and WTO rules and China Government of commitment consistent, and other policy measures coordination, and convergence; (three) upper method has clear provides of content, General not for repeat provides.
    Article fifth normative documents may not be set to the following matters: (a) establish or change or annul of an administrative license, the administrative punishment and administrative compulsory measures, (ii) establish or change or revoke administrative fees and business service charges (except for the authorities to perform their function of price control), and (c) shall be determined by law, regulations, rules or set by a higher administrative authority. Sixth article normative file should meet about developed technology specification of requirements: (a) meet administrative organ documents lines format and program; (ii) name General for "provides", and "approach", and "rules", and "implementation rules", and "implementation approach", and "command", and "announcement", and "notification", and "decided" or "notices",; (three) content can with provisions form expressed, also can with paragraph form expressed; name for "provides", and "approach", and "rules", and "implementation rules", and "implementation approach" of,
    Content provision form should be used (iv) language should be precise and concise, using text and punctuation should be correct and standard. Normative document draft chapter II article seventh executive draft normative documents, should be on the necessity and feasibility of normative documents, to solve problems, intends to establish the main system or the main measures to be provided for research demonstration, listen to relevant departments and organizations and management or expert opinion.
    Hearings may be in written comments, forums, feasibility study meeting, hearing and other forms.
    Eighth draft normative documents directly involving citizens, legal persons or other organizations ' vital interests or development to the region, the industry has a significant impact shall be announced to the public and seek the views of all sectors of the community, if necessary, or laws, regulations, rules and regulations must hold a hearing and shall hold a hearing.
    Nineth draft normative documents involving other executive responsibilities or other close ties to the Administration, the enacting body shall fully seeking the views of other administrative bodies.
    Tenth no unit or individual can submit written comments to the normative documents of the enacting body and recommendations.
    The enacting body shall conduct studies on the observations and recommendations of the relevant units and individuals, to the legal basis or practical advice and recommendations, should be adopted.
    Chapter III examination of normative documents articles 11th regulatory documents shall be carried out by the legal bodies of the Executive law review no established rule of law institutions of the executive authorities, shall specify the relevant special agencies or legal review.
    The normative documents of the 12th Department of the municipal government, must be in accordance with the Government of Shantou announced management regulations (hereinafter referred to as the bulletin provisions), Department of Legal Affairs, drew attention to the provisions of the law review. Two or more departments developed jointly, by the sponsoring department is responsible for the attention.
    The enacting body shall at the commencement of normative documents to be 25 working days ago,, Department of Legal Affairs, drew attention to the legal review.
    13th article city legal sector should on municipal government work sector drew attention to the review of normative file for audit, not meet this provides second article second paragraph provides of, decided not accepted, and written told drew attention to the sector; meet this provides second article second paragraph of provides, but according to announcement provides should submitted of other about material not complete, and not specification, may effect review work normal for of, should written notification drew attention to the sector deadline correction, drew attention to the sector no due reason late not correction of, considered not drew attention to the.
    Except as provided in the preceding paragraph, to review applications from the date of receipt of the Department of Legal Affairs, that is to accept.
    14th article on municipal government work sector drew attention to the review of normative file, city legal sector should from following several aspects for review: (a) whether meet this provides third article, and fourth article, and fifth article, and sixth article, and 31st article of provides; (ii) whether right processing related sector, and organization and management relative people or experts of views; (three) whether exists other not legal, and not appropriate of problem. 15th article on municipal government work sector drew attention to the review of normative file, city legal sector should since accepted of day up 7 a days within, according to following provides issued written review views: (a) on content, and program meet about legal, and regulations, and regulations and this provides provides of, proposed legal of review views; (ii) on content, and program basic legal, but need further modified perfect of, proposed modified perfect of views and description reason; (three) on content, and program not meet about legal, and regulations, and
    Regulations and the provisions of these regulations, without legal review and explain the reasons.
    On complex, controversial or other major problems, not be completed within the time limit prescribed in the preceding paragraph review of regulatory documents, approved by the head of Department of Legal Affairs, you can extend the 7 working days and will extend the review period and the reasons for writing drew attention to the review of departments.
    City Department of Legal Affairs within the deadline to send the review drew attention to the review of sectoral, as agreed to review of normative documents submitted by departments.
    16th when the rule of law sector in the review of regulatory documents, need views of relevant units, the units concerned shall, within the period provided comments; consider necessary normative documents about the case, the enacting body shall within the period specified in the instructions.
    17th municipal government departments, Department of Legal Affairs, on the review of regulatory documents opinion disagrees, since receiving the review comments within 10 working days of the date the city Legal Department did add that issues related to the respect of the normative documents, legal departments, and consultations cannot come to an agreement through consultation, Municipal Department of Legal Affairs shall refer the Government decision.
    18th district and county people's Government departments and regulatory documents established by the town government, neighborhood offices, the legal review by reference to the provisions of this chapter to implement.
    The fourth chapter of normative documents decisions and 19th normative documents shall generally be the normative documents of the relevant meeting. Article 20th regulatory documents shall be released to the public, publishing should be convenient to check out the citizens, legal persons or other organizations.
    Is a normative documents of the municipal departments, should be in accordance with the notice provisions, as well as other relevant provisions of the Municipal Government published in the Bulletin of the Shantou City Government, and the Municipal Government published the full text on the public network.
    District and county governments and their departments release carrier of normative documents decided by the people's Governments at the corresponding level.
    Town, neighborhood offices should be established in the Office and public places bulletin board announcement its normative documents, publication date shall be not later than 30th.
    21st normative documents should provide specific implementation date, this date should be published after 5 working days from the date, but not implemented could affect regulatory documents to implement immediately after they were published, and can be implemented from the date of publication.
    Fifth chapter normative file of record 22nd article district, and County Government of normative file should Yu released of day up 30th within submitted municipal government record, while provides following material: (a) drew attention to the record of letter; (ii) normative file of official text (including electronic text), a type 10 copies; (three) developed normative file of description (including electronic text), a type 10 copies; (four) developed normative file by according to of legal, and regulations, and regulations, and national policy, and superior administrative organ of command and decided;
    (E) development of normative documents on the basis of other relevant information. Municipal Legislative Affairs Department responsible for district and County record review of normative documents.
    According to the normative documents submitted to the City Government for the record and related materials, size, Department of Legal Affairs, send. 23rd article city legal sector should on district, and County Government submitted record of normative file for audit, not meet this provides second article second paragraph provides of, decided not accepted, and written told developed organ; meet this provides second article second paragraph of provides, but according to this provides 22nd article of provides should submitted of other about material not complete, and not specification, may effect record work normal for of, should written notification developed organ deadline correction, developed organ no due reason late not correction of, considered not submitted.

    24th article city legal sector should on district, and County Government submitted record of normative file for review, found has violation this provides situation of, according to following provides processing: (a) not meet this provides third article, and fourth article, and fifth article provides of, or exists other not legal, and not appropriate, problem of, by city legal sector drew attention to the City Government be revoked, and change or ordered corrected; (ii) not meet this provides sixth article provides of, city legal sector can to developed organ proposed processing views,
    By the enacting body to deal with.
    25th district and County departments and town government, neighborhood offices in developing normative documents, the filing by reference to the provisions of this chapter.
    The sixth chapter monitor and check the 26th people's Governments at various levels shall organize the supervision and inspection of the implementation of the provisions of.
    27th in violation of the provisions of the normative document is invalid, no unit or individual shall not be based on the exercise of rights or request others to meet their obligations.
    28th government legal departments at the same level should be normative documents and lower levels of government regulatory documents the development and management of supervision and inspection.
    Without the Government legal organization for examination and approval and departmental normative documents issued by the carrier without provisions, government legal agencies may request the people's Governments at the corresponding levels shall be ordered to correct the proposal fails, the Government legal organization can assure the public that the file is not valid.
    Without filing regulatory documents, government legal agencies may request the people's Governments at the corresponding levels shall be ordered to correct or cancel proposal.
    29th article in violation of the provisions of normative documents, if the circumstances are serious, serious adverse consequences, or damages due to the enforcement of an ineffective regulatory documents citizens, legal persons or other legal rights of the Organization, government legal agencies may ask the administrative supervision departments shall be subject to the enacting body mainly responsible and the administrative responsibility of the persons directly responsible.
    Article 30th government legal normative document review agency to perform duties and would have serious social consequences, should be held directly responsible to the Chief and administrative responsibilities.
    Seventh chapter article 31st due to major disasters, epidemic diseases, safeguarding public security and vital public interests, implement higher administrative authority of emergency orders and decisions, and so on, require immediate implementation of normative documents, approved by the enacting body primarily responsible, you can simplify the argument, comment, legal review and public release procedures.
    Administrative authorities of normative document according to the provisions of the preceding paragraph, shall from the date of implementation of the normative documents in accordance with these provisions within 3 business days from the relevant provisions of the supplementary law review and published procedures.
    32nd normative documents by the enacting body to explain.
    Article 33rd between sectoral normative documents of the municipal government, the municipal government sector normative documents and district and county people's Governments shall prevail between normative documents on the same matter, coordinated by the relevant administrative organ; coordinated agreement cannot be reached, by the Municipal Department of legal coordination coordinated consensus still cannot be reached, decided by observations reported to the municipality to the City Law Department.
    34th article of any units and individuals believe that the Executive is publishing normative documents implemented in violation of the provisions of, you can review recommendations to the municipality in writing, by the Municipal Department of legal studies and put forward opinions, in accordance with the prescribed procedures.
    Article 35th of normative documents the purposes, design authorities and enforcement authorities should regularly assess the implementation, assessment and inform government legal agencies.
    Article 36th municipal government departments, district and county people's Governments shall be laid down by January 31 of each year for the preceding year, Department of Legal Affairs, regulatory documents for future reference.
    37th normative documents should be compiled on a regular basis published normative documents.
    Article 38th normative documents should always clean up of normative documents and changes according to the actual situation, as well as laws, rules, regulations and national guidelines and policy adjustments, on published normative documents for amendment or repeal. Eighth chapter supplementary articles article 39th these provisions come into force on February 1, 2006.
                                                          January 5, 2004, Shantou Shantou City Government order published by the 76th, the normative documents of the executive regulations repealed simultaneously.