Huainan City, Normative Documents Of The Executive Procedure

Original Language Title: 淮南市行政机关规范性文件制定程序规定

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(June 6, 2005 Huainan municipal people's Government at the 16th Executive meeting on June 7, 2005, 99th Huainan city people's Government promulgated as of September 1, 2005) first to standardize the normative documents of the administrative organs at all levels to develop programs, ensure the quality of regulatory documents, promoting administration according to law, in accordance with the People's Republic of China local people's congresses and organic law of the local people's Governments at various levels, the regulatory procedure Ordinance and other laws, regulations, this provision is enacted.
    Article the following administrative organs in accordance with the statutory terms of reference developed for citizens, legal persons and other organizations with General binding force, repeatedly apply file (hereinafter referred to as normative document), shall comply with these regulations: (a) the municipal, district and county governments and her Office; (b) the municipal, district and county governments, the Office, the Bureau of the Committee; (c) in township and town people's Governments.
    In accordance with the laws, regulations, regulatory provisions of administrative organizations in the development of normative documents, these provisions shall apply.
    Administrative organs of internal system, management system, these rules do not apply.
    Article except otherwise prescribed by laws, regulations, rules, administrative bodies organizations and organs and the provisional institutions shall make no normative documents.
    Fourth administrative organs of normative documents, it should be guided by the following principles: (a) the principle of uniformity of the legal system, (ii) in accordance with the principle of statutory powers and procedures; (c) the consistent principle of authority and responsibility; (d) uphold the principle of the legitimate rights and interests of citizens, legal persons and other organizations, (v) shall exercise functions of the Executive protection principles. Article fifth name of normative documents, generally called "rules", "way", "rule", "decisions" and "comments", "notices".
    Normative documents for the implementation of computer law and the higher administrative authorities of normative documents, before their names can be called "implementing" two words. Provisions of normative documents can use form, can also be expressed in paragraph form.
    Normative document is the name of the "rules", "way", "rules", form the General provisions.
    Article sixth of normative documents, shall comply with the provisions of administrative documents, according to survey drafting, advice, compromise of differences, legal audit, according to the decision, issued by published procedures.
    Due to major disasters, the protection of public security and vital public interests, implement higher administrative authority of emergency orders and decisions, and so on, require immediate development of normative documents, approved by the enacting body primarily responsible, can simplify the development process.
    Article seventh normative documents shall be clear, specific, operational, not inconsistent with law, regulations, rules and contravene the principles and policies of the country.
    Regulatory documents shall be scientifically standardizing administrative behavior, and meet the requirements of the transformation of government functions.
    Article eighth unless there is a statutory basis or otherwise stipulated by the State, will the executive authorities be allowed to set the following normative documents: (a) the administrative licensing items; (b) matters of administrative penalties; (c) the compulsory administrative measures and (d) matters of administrative fees, (v) shall be determined by law, regulations, regulatory matters or to a superior administrative authority.
    Nineth government regulatory documents by a Government Department or several departments in charge of drafting or drafted or drafted by its legal institutions.
    Departmental normative document drafted by the internal institutions at the sectoral or drafted or drafted by its legal institutions.
    Normative documents covering two or more sector terms of reference should be drafted jointly by two or more departments; drawn up jointly, shall normally be by a Department and other departments. Tenth draft normative documents, should study the feasibility and necessity of development of normative documents and normative documents to solve problems, to be established by the main system or the main measures to be provided for research demonstration.
    Should experts be convened when necessary, hearings.
    11th draft normative documents, shall solicit the views of the relevant bodies, organizations and management.
    Citizens, legal persons or other organizations to comment on the draft regulatory documents, drafting of the sector should be studied.
    Relevant contents presented significant differences of views on the draft normative documents, drafting Department coordination coordination fails, reported to the people's Government at the coordination and adjudication.
    12th article reported to the sibling Government released of normative file, should provides following material: (a) reported to the audit of documents; (ii) normative file draft; (three) drafting description (including developed normative file of purpose, and according to, and main content and major differences views of coordination situation,); (four) sought views of about material; (five) drafting normative file by according to of legal, and regulations, and regulations and national of approach, and policy; (six) other see material.
    Other administrative bodies need to provide relevant material publishing normative documents, reference to the provisions of the preceding paragraph.
    13th normative document drafting, rule of law in the enacting body body responsible for legality audit comments on the information provided by the authorities.
    Audit views should including following content: (a) whether has developed of need and feasibility; (ii) whether beyond developed organ statutory of terms range; (three) whether meet this provides fourth article, and seventh article, and eighth article of provides; (four) whether and related of normative file phase coordination, and convergence; (five) whether sought related organ, and organization and management relative people of views; (six) whether on major differences views for coordination; (seven) other need audit of content.
    Article 14th legal organization can modify submitted to the examination of the draft regulatory documents, modify may seek the views of interested parties in the process.
    Rule of law institutions in the process of review and revise, coordinate differences of opinion can be, or approval of the normative documents shall be decided.
    Draft normative documents do not comply with the provisions set forth in 12th, 13th, and developed organ or its legal organization can return the drafting Department, or demand draft amendment materials Department and then submitted to the review.
    15th draft normative documents examined by the legal institutions, in line with the provisions set forth in 12th, 13th, decided by the legal approval of the normative documents for approval.
    Publishing normative documents shall be signed by the Chief Executive.
    16th article government sector developed of normative file in issued Qian, sector should will normative file sent sibling government legal institutions for legitimacy review, and submitted following material: (a) drew attention to the review of letter; (ii) normative file text; (three) normative file of description; (four) developed normative file by according to of legal, and regulations, and regulations, and superior administrative organ of command and decided; (five) developed normative file by according to of other about information.
    17th government legislative bodies should be completed within 10 working days to review the work and reviews written notice to develop regulatory departments. Article 18th regulatory departments upon receipt of the Government legal organization reviews, should study carefully absorb its views.
    Principal observations cannot be accepted, it shall notify the Government legal agencies.
    19th administrative organs in violation of the provisions of normative documents, higher administrative authority may be revoked or shall be ordered withdrawn. Department of normative documents, government legal agencies without peer review may not be issued.
    Government legal agencies found issued without his review of regulatory documents can be submitted to the people's Government to revoke the document, and notice in the public release files on the carrier.
    The Government legal organization can check on the status of normative documents of government departments at the same level.
    Article 20th regulatory documents shall be released to the society published should be convenient to check out citizens, legal persons and other organizations.
    21st normative documents should be published after 30th purposes, but because of the need to protect national security and vital public interests, or released immediately after the execution could affect laws, rules, regulations and national policies implemented, can be implemented from the date of public release.
    22nd after the promulgation of normative documents, record-keeping provisions of Huainan city, in accordance with the normative documents for the record.
    Interpretation of article 23rd normative documents, exercised by the normative documents.
    Article 24th normative documents and implementing bodies shall regularly to evaluate the implementation of the normative documents and changes according to the actual situation, as well as laws, rules and regulations and the adjustment of national policies, normative documents of published promptly amended or repealed.
          25th article of the regulations come into force on September 1, 2005.

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