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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(September 20, 2005 Beijing Municipal People's Government at the 43rd Executive session on October 8, 2005, 160th promulgated by the people's Government of Beijing municipality as of January 1, 2006) first record work to standardize the administrative normative documents, promoting various administrative organs in accordance with the administrative, 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 Archivist filing of regulations and regulations of the State Council and related laws and regulations, combined with the municipality,
    These measures are formulated.
    Second administrative standard documents in these measures refers to the municipal people's Governments and their subordinate departments and agencies (hereinafter referred to as the enacting body) when exercising the statutory powers, developed and published by citizens, legal persons and other organizations generally binding files.
    Development of internal work, personnel decisions which do not belong to the administrative standard documents in these measures.
    Article III administrative normative documents, shall comply with the provisions of the Constitution, laws, rules, regulations, comply with the enacting body the statutory terms of reference, the compliance with administration document processing requirements.
    The enacting body shall be responsible for the legality of administrative normative document.
    Fourth administrative normative document may set the following content: (a) the administrative penalty, (ii) an administrative license; (c) the administrative fees; (iv) other matters shall be determined by law, regulations and rules.
    Administrative normative document on the implementation of specific provisions of the laws, regulations and rules, no additional obligation of citizens, legal persons and other organizations, laws, rules and regulations shall not be restricted citizens, the rights of legal persons and other organizations.
    Article fifth administrative regulatory documents shall be released 30 days before the date of execution, not been made public, not as the basis for Administration but because of the need to protect national security and vital public interests, or released immediately after the execution could affect laws, rules and regulations enforcement situation except.
    Sixth administrative normative document of the public right of access has been released, development agencies have an obligation to provide the public with convenient. The enacting body shall in this Office provide administrative normative document text or other designated places, publicly accessible, free of administrative normative document and should be in the body or the competent authority's Web site (page) to be published.
    The Government Gazette, and shall be published in the Official Gazette on the same level.
    Seventh of municipal and district or County archives is the place where the people's Governments at the corresponding level specifies the access to administrative normative documents.
    City, district and County archives shall make administrative regulatory documents retrieval and full text access to services, for inspection by the public free.
    Article eighth administrative normative documents shall be published in the 15th, copied to the archive by the enacting body in accordance with the following provisions: (a) the municipal government departments and agencies to develop administrative normative documents, archives, CC, (ii) District and county people's Governments and their departments and agencies and CC administrative normative documents developed by the people's Governments of villages and towns of the district and County archives.
    CC administrative normative documents to archives should contain the paper's official texts and electronic texts. Nineth article administrative normative file should Yu announced of day up 15th within, by developed organ according to following provides up level administrative organ (following referred to record supervision organ) submitted record: (a) District, and County and Xiang, and town Government developed of administrative normative file, up level Government submitted record; (ii) city and district, and County Government belongs sector and sent organ developed of administrative normative file, to this level Government submitted record
    ; Two or more government departments or agencies jointly developed the administrative normative documents by the sponsoring departments submit to the people's Governments at the corresponding level for the record.
    Tenth record supervisory authority administrative normative documents of the legal entity responsible for the registration and review of legality.
    Submitted for the record in accordance with these measures of administrative normative document size send record supervisory organs of legal institutions.
    Send the article 11th mouthpiece for the record, shall be submitted for the record reporting and administrative normative documents of official text of the paper and electronic versions.
    Record the contents of the report should include the development of the administrative normative document according to description, objectives, main content and the development of audit observations of the institutions of the legal system.
    Format on the filed instruments, developed centrally by the Legislative Affairs Office, people's Government.
    12th administrative normative documents submitted in accordance with this approach the second, Nineth, 11th article, for the legal registration of the oversight bodies; not part of the normative documents, no registration; submit the administrative normative documents do not meet the requirements of article 11th, suspension of register and notify the enacting body correction, after correction in accordance with provisions of the filing.
    Submitted to the administrative normative documents do not meet the requirements of article Nineth, receive legal institutions should inform the development of the archival materials to the relevant authority in accordance with article Nineth record supervisory authority.
    Administrative normative document of the registration, by filing legal organization publishes a monthly list of the oversight bodies.
    13th record supervisory organs of legal administrative normative documents of the institution shall, on receipt of the submission filing date of 15th, to develop responses to register, refuse to register or defer filing the registration written comments.
    Article 14th shall record the legal organization of supervisory authority on the following administrative normative documents on the review of the registration: (a) it is inconsistent with the laws, rules and regulations, (ii) developing organ has a corresponding legal authority.
    15th record supervisory organs of legal authority to review administrative normative documents, the need for additional related materials, the enacting body shall record the legal organization of the supervisory authority's request submitted in a timely manner.
    Review needs to seek the views of the lower level people's Governments and relevant departments, the authorities consulted shall record the legal requirements of supervisory authorities respond.
    16th article by review, found administrative normative file of content has with legal, and regulations, and regulations phase conflict or beyond developed organ statutory terms case of, record supervision organ of legal institutions should timely to developed organ proposed itself revoked or corrected of review processing views; developed organ refused to corrected of, by record supervision organ of legal institutions reported to the record supervision organ decided, necessary Shi, by record supervision organ directly be revoked.
    17th the development authority shall receive review opinions or decisions within 10th of, will handle the record review report comments oversight organ of the legal decision or record of supervisory authority.
    18th State organs, social organizations, enterprises, institutions and citizens to consider administrative normative document is inconsistent with the laws, rules, regulations or beyond the enacting body the statutory terms of reference, you can record written review recommendations of oversight bodies, by filing the legal organization of supervisory authority to study and put forward opinions, in accordance with the prescribed procedures.
    19th the enacting body shall by March 1 of each year the authority last year to develop administrative regulatory documents submitted for the record the legal organization of supervisory authority.
    Record the legal organization of the supervisory authority shall, within the first quarter of the year, administrative normative documents record the previous year to be informed.
    Article 20th administrative normative document released by the authority is not required to submit the record or fails to report the list of normative documents, by filing the legal organization of supervisory authority informed the development authority the deadline to submit and give notice of who refuses to submit, handled by the personnel appointment and removal or organs in accordance with the permissions, pursue the development of authorities directly responsible for the managers and other personnel responsibilities.
    Article 21st authorities violated these measures administrative normative document and undermine the legitimate rights and interests of citizens, legal persons or other organizations, personnel appointment and removal or permissions for the monitoring authorities, pursue the development of authorities directly responsible for the managers and other personnel responsibilities.
    22nd administrative normative document developed by the city people's Government for the record, according to relevant regulations of the State.
    Laws, rules and regulations authorize the exercise of the administrative functions of the Organization, city, vertical Management Department under the administration of the following organs and sectoral management executive administrative normative documents of record, in accordance with the measures implemented. 23rd these measures come into force on January 1, 2006.
                      Released on July 7, 1994, of Beijing Municipal administrative measures of Beijing municipality for the record provisions repealed simultaneously.