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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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(Summit No. 45th ordinary meeting of the Government of the Challenge of 7 December 2005 to consider the adoption of Decree No. 85 of 16 December 2005 on the Royal Government of the City, which was launched effective 1 February 2006)

Chapter I General
Article 1, in order to strengthen the management of normative documents of the executive organs of the city, preserve the unity of the rule of law, promote the administration of the law and establish this provision in conjunction with the provisions of the relevant laws, regulations and regulations.
Article 2
(i) The municipal government service (including the Government's composition, the immediate agency, the executing agency and other institutions exercising administrative functions under the law);
(ii) Regions, the People's Government and its work sectors;
(iii) The Government of the town, the street office.
The normative document referred to in the previous paragraph refers to documents that are generally binding on citizens, legal persons or other organizations, which are issued by the executive branch in accordance with the statutory mandate.
The development of normative documents of the municipal government is governed by the relevant provisions of the regulations of the municipalities.
This provision is not applicable to the system of work within the executive branch, the management system, etc.
Article 3. In-house bodies of temporary bodies and administrative bodies shall not formulate normative documents.
Article IV
(i) To uphold the legitimate rights and interests of citizens, legal persons or other organizations, to ensure that the executive branch exercises its functions in accordance with the law, in accordance with its responsibilities and the principles of the statutory and procedural law;
(ii) In line with the requirements of the harmonization of the rule of law, the content is not incompatible with the top law, in line with the WTO rules and the Government's commitment, and in coordination with other policy measures;
(iii) The content already specified in the top law is not generally repeated.
Article 5
(i) Establish or modify, withdraw administrative licences, administrative sanctions and administrative coercive measures;
(ii) Establish or modify, rescind administrative fees and operating service charges (other than the performance of price management functions by the price authority in accordance with the law);
(iii) Other matters to be established by law, regulations, regulations or superior administrative bodies.
Article 6. Normative documents should be in line with the requirements for the development of technical norms:
(i) In accordance with the official language format and procedures of the executive branch;
(ii) The name is generally “the provision”, “The approach”, “rules”, “implementation rules”, “implementation methods”, “orders”, notice”, “decision” or “please”;
(iii) The content may be formulated in the form of the provision or in the form of the paragraph; the words “the provision”, “The approach”, “rules”, “implementation rules”, “implementation of the means of implementation”, should be made in the form of the provision;
(iv) Terms should be accurate, concise, and the use of words and symbols should be correct and regulated.
Drafting of normative documents
Article 7. The executive body prepares normative documents that should conduct research on the need and feasibility of normative documents, the issues to be addressed, the key systems to be established or the main measures to be set, and widely hear the views of the relevant departments, organizations and the relative or expert. The hearings can take a variety of written requests, colloquiums, symposia and hearings.
Article 8. The normative documents drafted relate directly to the interests of citizens, legal persons or other organizations or have a significant impact on the development of the region, the industry should be made public in order to seek the views of the various sectors of society; or, where necessary, legal, regulatory and regulatory provisions must hold hearings and should be held.
Article 9. The drafting of normative documents relates to the responsibilities of other executive organs or in close collaboration with other administrative bodies, and the formulation of organs should fully seek the views of other executive organs.
Any units and individuals in Article 10 may submit written observations and proposals to the normative documents' organs.
The organs should conduct research on the observations and recommendations of units and individuals and should be adopted on the basis of legal or practical advice and proposals.
Chapter III Review of normative documents
Article 11. Normative documents should be reviewed by the rule of law organs of the executive branch; the executive body does not have the establishment of the rule of law body and should designate the relevant working body or the individual to undertake legal reviews.
Article 12 Normative documents in the municipal government service must be brought to the legal review by the municipal rule of law, in accordance with the provisions of the Charter of the Government of the Challenge (hereinafter referred to as “the Declaration”).
Two or more work departments have been developed jointly, and are chaired by the host work sector. The establishment of organs shall be brought before 25 working days of the date of entry into force of the normative documents to the municipal rule of law.
Article 13. The municipal rule of law sector should be subject to review of normative documents brought to the review by the municipal authorities, which are not in accordance with article 2, paragraph 2, of this provision, decides to be inadmissible and communicated in writing to the sectors; in accordance with the provisions of article 2, paragraph 2, of the present article, but in accordance with the provisions of the Declaration, other relevant material to be submitted may affect the normal conduct of the review process, and should be informed, in writing, that the period of time is being completed and that it is not considered to be closed.
In addition to the preceding paragraph, the review of the application is admissible from the date of receipt by the municipal rule of law.
Article 14.
(i) In conformity with the provisions of article 3, article 4, article 5, article 6 and article 31 of this provision;
(ii) Have the right to deal with the views of the relevant departments, organizations and the relative or expert;
(iii) There are other questions of non-lawability.
Article 15 refers to normative documents to be reviewed by the municipal authorities, and the municipal rule of law sector shall, within seven working days from the date of admissibility, give written review opinions according to the following provisions:
(i) Formal review of content, procedures consistent with the relevant laws, regulations, regulations and provisions;
(ii) For content, procedures are fundamentally legitimate, but further refinements need to be made to make sound observations and justifications;
(iii) Incompatibility with the relevant laws, regulations, regulations and provisions, and reasons for the non-legal review.
The normative documents that are complex, controversial or related to other important issues, cannot be completed within the period specified in the preceding paragraph, with the approval of the heads of the municipal rule of law, may be extended for seven working days and will be communicated in writing to the work sector for the review.
The municipal rule of law sector does not send a review of the views to the work sector under review within the prescribed time frame, as a normative document agreed to be sent to the work sector under review.
In reviewing normative documents, the municipal rule of law sector was of the view that the relevant units should be required to make observations within the prescribed time frame; it was considered necessary for normative documentation-making bodies to clarify the situation and that the designating body should provide clarification within the time frame.
Article 17, the work of the municipal authorities contested the review of normative documents submitted by the municipal rule of law sector, which could be supplemented by a provision to the municipal rule of law within 10 working days from the date of receipt of the review, in consultation with the municipal rule of law sector on the relevant issues of the normative document; and in consultation with the rule of law sector, the municipal rule of law sector should be brought to the decision of the municipal government.
Article 18
Decisions and issuance of normative documents
Article 19 Normative documents should generally be decided by the relevant organs of normative documents.
Article 20 Normative documents should be made public in society and the manner in which they should be accessible to citizens, legal persons or other organizations. Normative documents in the municipal government work sector should be issued in accordance with the Declaration and other relevant provisions of the municipality, in the Official Journal of the People's Government of the Challenge and published in the full text of the Urban Government Public Network.
The publication of normative documents for the district, the people of the district and their work sector is determined by the Government of the people at this level.
The Town People's Government, the Street Office should establish a press column at the office site and in public places to publicize its normative documentation and the publication date should be less than 30 days.
Article 21 Normative documents should specify the exact date of implementation, which should be followed by five working days from the date of publication, but without immediate application of normative documents that would impede the operation of normative documents and could be carried out from the date of publication.
List of normative documents
Article 2
(i) Letters from the request;
(ii) Formal text of normative documents (including electronic texts), 10 times;
(iii) A description of normative documents (including electronic texts), 10 times;
(iv) The enactment of laws, regulations, national policies, orders and decisions based on normative documents;
(v) Other relevant information based on the development of normative documents.
The municipal rule of law sector is specifically responsible for the review of normative documents of the district, the people of the county. In accordance with the present provision, the normative documents and related materials that have been sent to the municipal authorities are transmitted to the municipal rule of law sector.
Article 23 of the municipal rule of law should be subject to a review of the normative documents sent by the zones, the communes' governments, which are not in accordance with article 2, paragraph 2, of the present article, decides to be inadmissible and communicated in writing to the design organs; in accordance with the provisions of article 2, paragraph 2, of the present article, but in accordance with the provisions of article 22, other relevant submissions that should be submitted in accordance with the provisions of this article may affect the proper conduct of the preparation of the proceedings, written notification should be given to the preparation of the deadline for the establishment of the organ without delay.
Article 24: The municipal rule of law sector should review the normative documents for referrals by the zones, the communes' governments, and identify violations of this provision, in accordance with the following provisions:
(i) Incompatible with article III, article IV, article 5 or with other questions of non-legal and inappropriateness, the municipal rule of law has been brought to the Government of the city to withdraw, modify or reorder them;
(ii) Incompatible with article 6 of the present article, the municipal rule of law sector may provide advice to the development body to deal with its own affairs.
Article 25
Chapter VI Oversight and inspection
Article 26 Governments at all levels should organize monitoring inspections of the implementation of this provision.
Article 27 is incompatible with the normative document established under this provision and no unit or individual shall be used as a basis for the exercise of the right or for the fulfilment of the obligation of others.
Article 28 of the Government's rule of law institutions should monitor the development and management of normative documents in the same sector and the normative documents of the Government.
Without the Government's rule of law body to review the consent and the sectoral normative documents issued without the provision of the material, the Government's rule of law bodies may draw the recommendations of the Government of the people at this level to change orders, which are not later rectified, and the Government's rule of law institutions can nullify the document to society.
The Government's rule of law bodies may bring to the Government's recommendation that the Government of the people at this level be responsibly or withdrawn.
Article 29, in violation of this provision, establishes normative documents that are serious, result in serious adverse consequences, or undermine the legitimate rights and interests of citizens, legal persons or other organizations as a result of the implementation of invalid normative documents, which may be brought to the executive inspectorate to the administrative responsibility of the principal executive head and the direct responsible person in accordance with the law.
Article 33 of the Government's rule of law bodies should be held accountable for the administrative responsibility of their principal responsibilities and those directly responsible for the review of normative documents.
Other provisions of Chapter VII
Article 31 requires the immediate development of normative documents, with the approval of the principal heads of the design organs, to simplify procedures such as evidence, consultation, legal review and public release, owing to major events, pandemic diseases, public safety and major public interest.
The executive body shall, in accordance with the provisions of the preceding paragraph, establish normative documents that shall be supplemented by legal review and public publication procedures within three working days of the date of implementation of the normative document.
Article 32 interprets normative documents by their organs.
Article 33 is incompatible with the provisions of the same matter between the normative documents of the municipal government working sector, the normative documents of the municipality's work sector and the normative documents of the district and the people's governments, which are coordinated by the relevant executive bodies; coordination cannot be achieved and coordinated by the municipal rule of law sector; and there is no consensus to be agreed upon, and the municipal decision to deal with the views presented by the municipal authorities in the city.
Any units and individuals considered that the normative documents issued by the executive branch are in violation of this provision, may submit a review of the recommendations in writing to the municipal authorities, which are studied and addressed by the municipal rule of law sector.
Following the operation of normative documents, the design and enforcement organs should conduct regular assessments of implementation and inform the Government's rule of law institutions.
Article XVI of the municipal government's work sector, the zones' government should be checked by 31 January each year by 31 January of the normative document developed in the previous year.
Article 37 The normative document formulation body should compile the normative documents that have been issued on a regular basis.
Article 338 The normative document-making body should regularly clean the normative documents and, in accordance with actual changes, legal, regulatory and national approaches, policy adjustments, revise or repeal the issued normative documents.
Chapter VIII
Article 39 The normative document management provisions of the executive organs of the municipality, published in Order No. 76 of 5 January 2004, were also repealed.