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Beijing Municipal Administrative Normative Documents Record Monitoring

Original Language Title: 北京市行政规范性文件备案监督办法

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(The 43rd ordinary meeting of the Government of the Beijing City of 20 September 2005 considered the adoption of Decree No. 160 of 8 October 2005 of the Beijing People's Government Ordinance No. 160 of 1 January 2006)

Article 1, in order to regulate the preparation of administrative normative documents, promotes the establishment of this approach, in accordance with the Act of People's Representatives at all levels of the People's Congress and at the local level of the People's Government of the People's Republic of China, the Regulations of the Department of State and the relevant laws, regulations and regulations, in conjunction with the realities of the city.
Article 2 of this approach refers to the generally binding document of citizens, legal persons and other organizations established and published in the exercise of their mandated functions by the Government of the people at all levels of the city and its branches and agencies (hereinafter referred to as the designating body).
The development of an internal system of work within the organs, the decision on the removal of personnel is not an administrative normative document referred to in this approach.
Article 3 establishes administrative normative documents that should be in accordance with constitutional, legal, regulatory and regulatory provisions, in accordance with the legislative terms of reference of the organ, and in compliance with the provisions of the executive branch.
The organs should be responsible for the legitimacy of administrative normative documents.
Article IV Nor shall the following elements be established in administrative normative documents:
(i) Administrative penalties;
(ii) Administrative licences;
(iii) Administrative charges;
(iv) Other matters to be regulated by law, regulations and regulations.
The administrative normative documents make specific provisions for the implementation of laws, regulations, regulations and regulations, and the obligation of citizens, legal persons and other organizations shall not be limited to the rights of citizens, legal persons and other organizations.
Article 5. Administrative normative documents should be published by 30 days of operation, without publication, as a basis for the administration of justice; except in cases where laws, regulations, regulations and regulations are not applied immediately because of the need to guarantee national security, the major public interest, or if they are not published.
Article 6. The public has the right to access administrative normative documents that have been published and to establish an organ's obligation to facilitate public access.
The organs should provide copies of administrative normative documents at the office of this body or other designated places for free access by the public and should be published on the website (pages) of the organ or the parent authority. The current Government has a communiqué that should be published in the current Government communiqué.
Article 7. City and district, district archives are places designated by the current people's Government for access to administrative normative documents.
Municipal and district, district archives should be provided with services such as the directory of administrative normative documents and the full text, for free access by the public.
Article 8
(i) The administrative normative documents developed by the Ministry of the People's Government and the offices are reproduced to the City Archives;
(ii) The administrative normative documents developed by the communes, the people of the district and their respective departments, offices and the communes are reproduced to the district, the district archives.
The administrative normative documents that are reproduced to the Archives should contain both the formal and electronic versions of paper quality.
Article 9
(i) Administrative normative documents developed by the commune, district and communes, and by the Government of the town, which are sent to the Government of the people at the highest level;
(ii) Administrative normative documents developed by the municipal and regional, district-owned sectors and dispatch agencies to submit the case to the Government of the people at this level; administrative normative documents developed jointly by the two government-owned departments or agencies, which are sent by the host sector to the Government.
Article 10. The rule of law organs of the supervisory body are specifically responsible for the registration and legality review of administrative normative documents.
In accordance with the administrative normative documents that are submitted to the request under this approach, the rule of law institutions of the supervisory body are presented.
Article 11 develops an agency's presentation and should be submitted to the full text and electronic text of the report and the technical normative document.
The contents of the report should include the development of the basis, purpose, description of the main elements of the administrative normative document and the review of the body of the rule of law.
The format of the documentation was developed by the Office of the Rule of Law of the People's Government.
Article 12. Reporting of administrative normative documents is in compliance with Articles 2, 9, 11 and 11 of this approach, and the rule of law of the competent monitoring body is registered; registration of cases is not registered in administrative normative documents; issuance of administrative normative documents is not in accordance with Article 11.
The rule of law institutions that receive the material in question should be informed by the establishment of the body to submit reports to the relevant monitoring bodies pursuant to article 9.
The administrative normative documents registered in the file are published by the rule of law organs of the competent monitoring body in a monthly manner.
The rule of law organs of the competent monitoring body shall, within 15 days of the date of receipt of the administrative normative documents for the submission, respond to the written observations of the design body for the registration, non-release registration or suspension of the request.
Article 14. The rule of law organs of the competent monitoring body shall review the administrative normative documents for the registration of the case:
(i) Are incompatible with the law, regulations, regulations;
(ii) Whether the establishment of the organ has a corresponding statutory mandate.
In reviewing administrative normative documents by the rule of law organs of the competent monitoring body, it is necessary to develop organs to supplement the provision of relevant materials, and to design organs should be sent in a timely manner, as required by the rule of law institutions of the review body.
In the review, it was necessary to seek the views of the lower-level people's Government and the relevant sectors, and the authorities consulted should respond to requests from the rule of law institutions of the residual oversight body.
Article 16 has been reviewed to determine that the content of administrative normative documents is incompatible with the law, regulations, or beyond the establishment of the statutory authority, and that the rule of law of the competent monitoring body should submit its own cancellation or correctional review to the design organs in a timely manner; and that the designating authority rejects the process by submitting a request by the competent body of the law governing body of the registrar, decides that, if necessary, it should be withdrawn directly by the competent oversight body.
Article 17 shall, within 10 days of the date of receipt of a review of the treatment of views or the decision, be the rule of law body or the competent body for the review of the outcome report.
Article 18 State organs, social groups, business organizations and citizens believe that the content of administrative normative documents is incompatible with the law, regulations, regulations or beyond the legislative authority, may submit written review recommendations to the supervisory bodies, studies by the rule of law institutions of the competent monitoring body and provide comments to address them in accordance with the prescribed procedures.
Article 19 should be established by 1 March each year by transmitting the directory of administrative normative documents developed by this body to the rule of law body of the supervisory body.
The rule of law institutions of the competent monitoring body should be informed within one quarter of the previous year of the administrative normative documentation.
Article 20 establishes administrative normative documents issued by organs that are not submitted in accordance with the provisions or are not submitted on time to the directory of administrative normative documents, which is communicated by the rule of law organs of the Proclamation and inform them; refuse to send, are held accountable by the personnel dispensing authority or by the inspectorate to establish the responsibility of the competent and other persons directly responsible for the administration, in accordance with the handling authority.
Article 21 establishes administrative normative documents in violation of this approach and undermines the legitimate rights and interests of citizens, legal persons or other organizations, and is held accountable by personnel for the development of competent personnel directly responsible by the competent organ and other persons directly responsible.
Article 2
The legal, regulatory, regulatory and regulatory provisions authorize the organization exercising its administrative functions, the administrative normative documents of the executive organs and departments administered by the following vertical administrations, taking into account the implementation of this approach.
Article 23 of this approach is implemented effective 1 January 2006. The Beijing Municipal Government of the People's Republic of Beijing issued the Beijing Rules for Administrative Measures on 7 July 1994 was repealed.