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Jilin Province, Regulations Normative Documents Methods Of Supervision

Original Language Title: 吉林省规章规范性文件监督办法

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(The 6th ordinary meeting of the People's Government of Glin, 13 July 2005, considered the adoption of Decree No. 177 of 25 July 2005 of the People's Government Order No. 177 of 25 July 2005 on 1 October 2005)

Article 1, in order to preserve the unity of the socialist rule, enhances oversight of regulations, normative documents and develops this approach in line with the relevant provisions of the Law of the People's Republic of China, the Regulations and Rules, and the Administrative Law Enforcement Regulations of the Chilin Province.
Article 2, this approach applies to regulations developed for the larger municipalities of the province, and the supervision of normative documents developed by the provincial government-owned work sector, the city and its Governments at the following levels and their respective sectors of work.
Article 3. The rule of law sector at all levels is the competent authority for regulatory, normative document monitoring, under the leadership of the Government, whether normative documents are lawful and properly enforced in respect of the work sector and the regulations established by the Government and its subsidiary departments.
The rule of law institutions in all levels of government are responsible for the supervision of this sector, the normative document of the system.
Article IV should be sent back to the provincial authorities' rule of law within 30 days of the date of publication.
The normative documents developed by all levels of government should be sent back to the Government's rule of law sector within 15 days of the date of publication.
Normative documents developed by all levels of government-owned working sector should be sent back to the Government's rule of law sector within 15 days of the date of publication.
Normative documents developed jointly by the two executive organs should be sent back within 15 days of the date of publication by the host organ to the superior government rule of law sector.
Article 5 Reporting regulations, normative documentation requests should be submitted for five official texts of regulations, normative documents, one report and description.
The report should indicate the manner and time of publication of regulations, normative documents, and indicate the reasons and basis for the development of regulations, normative documents.
Reporting regulations, normative documentation files, conditionality, should be accompanied by an electronic version of the regulations and normative documents.
Article 6. The regulatory, normative documentation-making organs shall communicate the regulations established in the previous year, the list of normative documents to the upper or current levels of government rule of law by the end of January of each year.
Article 7. The rule of law sector at all levels should be screened in the first quarter of each year for the work sector of the current Government, the lower-level Government and its work-sector regulations, normative documentation development and documentation, and may not be organized on a regular basis in accordance with actual needs.
In carrying out inspections by the Government's rule of law, the inspectorate shall, at the request of the books and regulations, the text of normative documents, describe the rationale and the basis for the development of regulations, normative documents.
Article 8. Civil, legal or other organizations consider that regulations, normative documents are incompatible and inappropriate, and may submit a review request to the competent governmental rule of law sector:
(i) Consider that the regulations established by the Government, normative documents are incompatible and inappropriate, and make a request for review to the superior Government's rule of law sector;
(ii) Consider that normative documents developed by the Government's work sector are in violation of, inappropriate, and that requests for review are made to the current level of the institution or to the Government's rule of law sector.
The Government's rule of law, which has been received, should be informed of the applicant's application to the competent government rule of law sector or the transfer of a competent government rule of law within 3 days.
Article 9. Applications of citizens, legal persons or other organizations for review regulations, normative documents should be submitted in writing and provided with regulations, names of normative documents and issuances.
Article 10 The Government's rule of law sector should be reviewed within 60 days of the date of receipt of the regulations, the application for the review of normative documents, to take decisions and to inform the applicant.
Article 11. The rule of law sector at all levels examines the following matters with respect to the regulations and normative documents developed by the working sector of the current Government, the lower-level Government and its constituent sectors:
(i) Would go beyond competence;
(ii) Whether there is a violation of the provisions of the superior law;
(iii) The appropriateness of provisions;
(iv) Whether it is contrary to the statutory procedure;
(v) Whether it is published in accordance with the provisions of the Government of the People's Republic of Chilin Province for the recognition and publication of regulations and other normative documents (Act No. 147).
In reviewing regulations, normative documents at all levels of government, it was considered necessary for the relevant Government or the working sector to assist in the review, submission and response within the prescribed time frame; it was considered that the executive body involved in the need for regulations, normative documents should provide clarification within the time frame.
Article 13 Review of regulations and the identification of normative documents at all levels of the Government's rule of law, in accordance with the following provisions:
(i) Regulations go beyond the authority, in violation of the provisions of the superior law, stipulate that they are not appropriate or in contravention of the statutory procedure, and are released by the Provincial Government Rule of Law Order to establish the duration of the organ's time and re-published; that the Government's rule of law may decide to suspend the implementation of the regulations, and that the provincial authorities should provide comments and inform the provincial Government of their decisions.
(ii) The normative document goes beyond its competence, violates the provisions of the superior law, provides that it is not appropriate or contrary to the statutory procedure, and is released by the competent government rule of law order to establish the institution's time limit for corrective action and re-publishment; that it is not later corrected or denied redress, and that it is decided by the competent Government's rule of law sector to withdraw and make it public.
(iii) Regulations, normative documents are not published in a prescribed manner and are confirmed by the competent government rule of law.
(iv) The content of normative documents and the basic repetitive provisions of the superior law, without the necessary development, and the Government's rule of law sector may recommend the repeal of the organ itself.
(v) Regulations, normative documents are technically problematic, and the Government's rule of law sector can provide responses to the designating organs and be dealt with by the designating organs themselves.
Article 14. The competent government rule of law may confirm its non-implementation.
Article 15. The executive body of the regulatory and normative documents shall, within 30 days of the receipt of the Government's rule of law, send a written report to the Government's rule of law that will deal with the decision.
Article 16, regulations and normative documents-making bodies consider that the Government's rule of law sector is in conflict with and inappropriate and can apply for review to its superior authorities.
The rule of law of the superior government should be reviewed within 30 days of the date of receipt of the review, processed and informed the requesting authority.
Article 17 Governments at the district level are required to establish regulations, standard documents clean-up systems, which are cleared every five years, and normative documents are cleared every three years.
Clearances of regulations, normative documents should be made public and sent to the Government's rule of law sector.
Article 18 The rule of law at all levels should report to the Government at the end of February each year and to the Government at the grass-roots level the rule of law sector on the previous year's regulations, normative documentation monitoring and reporting.
Article 19, the normative document formulation body has the following acts, which is being rectified by the relevant Government's rule of law sector accountability orders, criticized and, if necessary, recommends that the Government or the relevant organ be held accountable for the legal responsibility of the responsible organ and the person directly responsible:
(i) Not to be sent or without timely issuance of regulations and normative documents;
(ii) When the Government's rule of law sector conducts inspections of regulations, normative documentation formulation and merits, it does not provide relevant information, conceal the real situation and refuse to cooperate;
(iii) The review of the Government's rule of law sector rejects implementation or delays.
Article 20 of the Government's rule of law sector and its staff do not carry out oversight duties seriously and are inactive, and they are held by all levels of government or the relevant organs to hold their heads of law and those directly responsible.
The work sector affiliated to Article 21 oversees the development of normative documentation for the corresponding work sectors of the lower-level government, taking into account this approach.
Article 2 The People's Government of the Chilin Province's provisions on the normative documentation file, which were published by the Government on 13 August 1991, were repealed.