Guangxi Zhuang Autonomous Region, Normative Documents Procedures

Original Language Title: 广西壮族自治区规范性文件制定程序规定

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(October 14, 2005 the people's Government of Guangxi Zhuang Autonomous Region at the 34th Executive meeting on October 26, 2005, the people's Government of Guangxi Zhuang Autonomous Region promulgated as of January 1, 2006, 12th) first to standardize the normative documents establish procedures to safeguard the Socialist legal system, ensure the correct implementation of laws, rules and regulations, promoting administration according to law, under the regulatory procedure Ordinance, the Archivist filing of regulations and regulations and other relevant provisions of laws and regulations,
    Combined with this practice, these provisions are formulated.
    Normative documents referred to in the provisions of article II, refer to government regulations, Governments at all levels and their departments, as well as legal and authorized rights to administer public affairs functions of the Organization, in the Administration for not specific people, not a particular release, citizens, legal persons and other organizations, generally binding decisions, orders, notices and other documents.
    Governments at all levels and their departments establish internal system of work, technical procedures, administrative decision on specific issues, as well as direct management of personnel development documents, finance, Foreign Affairs and other matters, this provision shall not apply.
    Article III shall follow the uniformity of the legal system, developing normative documents according to legal terms and procedures, terms of reference and the principle of responsibility, democracy and openness and convenience. Regulatory documents shall be submitted for the record in accordance with law.
    Normative documents submitted for the record, it shall be reviewed.
    Normative document filing, reviews should follow the necessary, the principle of trial, any mistake will be corrected.
    Article fourth of normative documents generally refer to the name of "method", "rule", "decisions" and "rules", the "notice" and "notice" and "notice", "opinions", but not "regulation".
    In addition to content outside the complex, regulatory documents are generally not divided into chapters and sections.
    Fifth article has following case one of of, can developed normative file: (a) legal, and regulations, and regulations and superior normative file on a while of administrative work yet made clear provides of; (ii) legal, and regulations, and regulations and superior normative file on a while of administrative work is has provides but provides not specific, and inconvenience operation of; (three) legal, and regulations, and regulations and superior normative file authorized developed normative file of.
    Article sixth of normative documents shall control the quantity, quality, in accordance with the prescribed procedures.
    Laws, regulations, rules and normative documents have been clearly defined by superior content, normative document provisions should not be repeated.
    Normative documents issued by the Government departments should be, in principle, not to the people's Governments at the corresponding level, or the Office of the Government (RM) on behalf of the release.
    Article seventh provisions of laws, regulations and rules, normative documents may affect the citizens, legal persons and other organizations, legal rights or increasing the obligations of citizens, legal persons and other organizations.
    Article eighth normative documents may not be set to the following matters: (a) the administrative penalty, (ii) administrative enforcement; (c) an administrative license; (d) the administrative fees, (v) other matters should be set by the laws, rules and regulations. Nineth levels of people's Governments and their departments of internal institutions, temporary agencies shall make no normative documents.
    However, except as otherwise provided by laws and regulations.
    Article tenth, regulatory documents shall be issued in accordance with the survey drafting, advice, coordination differences, review, review the legality of a decision, signing release, disclosure, filing and other procedures.
    11th drafter drafting normative documents development of normative documents should be necessity and feasibility research and normative documents to solve the problem, proposed the establishment of the main system and measures for energy conservation research and justification.
    Citizens, legal persons and other organizations can contribute to the right to make recommendations for development of normative documents and organizations. 12th draft regulatory documents shall be drafted for research, learn from experience, hearing the views of relevant organs, organizations, experts and citizens.
    Hearings may be in written comments and holding forums, feasibility study meeting, hearing and other forms.
    Drafter drafting to the region, the industry has a significant effect or addressed directly to citizens, legal persons and other organizations important rights and obligations of the regulatory documents shall be announced to the public and seek the views of all sectors of the community.
    13th draft normative documents have major differences of opinion, drafting units should be consulted through consultation, approval of the enacting body to decide.
    14th article draft submitted to the enacting body considered the draft normative documents, preparation of notes and other related materials shall be attached.
    Drafting instructions should include the necessity of development of normative documents, according to, the main measures, views from interested parties, and treatment of the contents.
    Related material including the basis for development of normative documents (laws, regulations, rules, superior regulatory document text), summary observations, hearing transcripts, research reports, etc.
    15th before submitting the enacting body to consider the draft regulatory documents shall be subject to the enacting body's Legislative Affairs Department review of legality or legal bodies. The Department of Legal Affairs legal review of the draft normative documents or legal bodies shall submit a written review.
    Review comments included the following: (a) beyond the legal authority of the enacting body, (ii) laws, regulations, rules and superiors contrary to normative documents and (iii) whether normative documents related to coordination, cohesion and (iv) other contents need to be reviewed.
    Rule of law or the rule of law institutions review regulatory documents, feasibility or adequacy problems found, can make suggestions and comments.
    16th decision developed regulatory documents shall be considered in accordance with the following provisions: (a) regulatory documents developed by the people's Governments above the county level shall be considered by the Executive meeting of the Government decision, involving major Government for consideration in plenary meeting, the matter should be decided; (b) normative documents developed by other authorities, should be considered by the enacting body the head office in Council decisions.
    Article 17th by normative documents of the review, commissioned by the enacting body the main or principal responsible head in charge of the signature publications.
    18th signed publishing normative documents by the enacting body through the Official Gazette, the Government Web site or one of the local newspapers and other forms of public offering to the public.
    Normative documents not released to public, not as the basis for Administration.
    19th is related to natural disasters, accidents, public health incidents and social security emergency need to develop normative documents, procedures can be simplified.
    Article 20th normative documents come into force on the date of promulgation or determining purposes a certain period after the date of its promulgation.
    21st normative documents has any of the following circumstances, interpreted by the enacting body: (a) the need to further clarify the specific meaning of normative documents, (ii) there is a new situation after the normative documents, need to be clearly applied based on the.
    Interpretation of normative documents by the enacting body responsible for contracting out specific work by the legal department or the legal system.
    Interpretation of normative documents and normative documents have the same effect. 22nd article normative file should since signed released of day up 30th within, according to following provides submitted record: (a) autonomous regions following Government developed of normative file, reported Shang level government record; (ii) County above government work sector developed of normative file, reported this level government record; (three) autonomous regions implemented vertical of sector developed of normative file, reported Shang level competent sector record; (four) legal, and regulations authorized of organization developed of normative file,
    By competent sector reported sibling Government record; (five) two a above sector joint developed of normative file, by hosted sector reported common of Shang level administrative organ record; (six) administrative organ and non-administrative organ joint developed of file, by administrative organ reported Shang level administrative organ record; (seven) local government sector and Central vertical of sector joint developed of normative file, by local government sector reported Shang level administrative organ record.
    23rd the enacting body's Legislative Affairs Department or legal institutions in the normative documents submitted for the record work, filing authority legal department or legal organization in the normative documents for the record work.
    Normative documents submitted for the record size to send filing authority legal department or legal organization.
    Conditions, it should be through the Internet platform for the record work.
    24th article submitted to the normative documents for the record, the following documents shall be submitted: (a) filing reports, (ii) normative text (with conditions should be attached to the electronic text) and description of the development of normative documents and (iii) the enacting body review of the legal department or the legal institution; (d) the basis for development of normative documents.
    25th article record organ legal sector or legal institutions on submitted record of normative file, should on following matters for review: (a) whether and legal, and regulations, and regulations and superior normative file phase conflict; (ii) whether violation this provides of principles and developed permission; (three) whether violation developed program; (four) normative file Zhijian on same matters of provides whether consistent; (five) other need review of content. 26th article on submitted record of normative file, record organ legal sector or legal institutions should timely review and according to following provides processing: (a) submitted of record material complete, normative file legal of, be record, and written notification developed organ; (ii) normative file with legal, and regulations, and regulations and superior normative file phase conflict of, by record organ legal sector or legal institutions recommends developed organ itself corrected, Or by filing authority legal department or legal body disposal notice after filing authority decision making organs;

    (C) shall prevail between normative documents on the same matter, coordinated by the filing authority legal department or the legal institution.
    By coordination cannot made consistent views of, by record organ legal sector or legal institutions proposed processing views reported record organ decided, and notification developed organ; (four) violation developed program of, by record organ legal sector or legal institutions reported record organ ordered developed organ corrected; (five) submitted of record material not full of, suspended record, and notification developed organ deadline added related material.
    27th State organs, citizens, legal persons and other organizations believe that normative documents of legal normative documents, rules, regulations and superior inconsistent and contradictory between normative documents, reviews recommendations to the filing authority in writing, by filing authority legal department or the legal institution according to the rules of procedure.
    Legal Department or the legal institution disposed of should be reviewed within 60 days and notify the proponent.
    Article 28th of normative documents the purposes, design authorities and enforcement authorities should regularly assess the implementation and assessment of communications filing authority legal department or the legal institution. 29th the enacting body shall, in accordance with laws and regulations, regulations and adjustments of superior normative documents, the promulgation and implementation of normative documents in time for cleanup.
    Amendment and repeal of regulatory procedure in accordance with the development of program execution.
    Article 30th filing authority legal department or legal entity shall each quarter will file regulatory documents to the public.
    31st the following units shall provide normative documents open to the public free access to the community: (a) the enacting body (ii) Government Gazette editorial Agency and (iii) above the county level, archives, and libraries and (iv) e-government services.
    Normative document drafted authority shall, within 10 working days from the date of issue, normative documents will be sent to the preceding paragraph (b), (c) and (d) of the units listed.
    32nd article developed organ violation this provides, not according to provides program developed, and announced and record normative file of, or drafting normative file without legitimacy review of, by record organ legal sector or legal institutions reported to the record organ ordered corrected, and be informed; violation provides developed normative file, caused serious consequences of, by about administrative organ or monitored organ law on developed organ of main head and the other directly responsibility personnel give administrative sanctions.
    33rd legal department or the legal institution in violation of the provisions of article, no normative documents of legal review and filing responsibilities seriously, resulting in serious consequences, the relevant administrative organs or the supervisory organs on its head and others directly responsible shall be given administrative sanctions.
    34th people's Governments at various levels shall strengthen the normative documents development and implementation of management and supervision, and establishing statistical reports, briefings, checks, responsibility, and working systems.
    35th people's Government intends to draw attention to the people's congresses at the corresponding levels and their standing committees at all levels to consider the normative documents, reference to these provisions.
  36th article of the regulations come into force on January 1, 2006.