Xinjiang Uyghur Autonomous Region, Normative Documents Of The Executive Procedure

Original Language Title: 新疆维吾尔自治区行政机关规范性文件制定程序规定

Read the untranslated law here: https://www.global-regulation.com/law/china/166661/.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$19.99.
(September 13, 2004 7th meeting of Xinjiang Uygur Autonomous Region people's Government considered by people's Government of Xinjiang Uygur Autonomous Region on October 25, 2004 the 123th number released since as of December 1, 2004) first in order to standardize the development of normative documents of the Executive programs, ensure the quality of normative documents, administration by law of guarantees from the source, in accordance with the rulemaking procedure regulations of the State Council and the relevant provisions of laws and regulations, these provisions are formulated.
    Article II Executive development of normative documents in the administrative areas of the autonomous region, these provisions shall apply.
    The provisions of article III of the said administrative bodies of normative documents (hereinafter referred to as normative documents), refers to people's Governments at and above the county level directly under the people's Government departments and agencies (hereinafter referred to as the enacting body) based on the statutory terms of reference and procedures of the citizens, legal persons or other organizations with General binding force of administrative documents.
    Article fourth of normative documents, it should be guided by the following principles: (a) safeguard the Socialist legal system, (ii) protect the legitimate rights and interests of citizens, legal persons or other organizations, (iii) unity of powers and responsibilities and (iv) compliance with the statutory powers and procedures; (e) to promote government functions into economic regulation, market supervision, social management and public services.
    Fifth normative documents may not be set to the following: (a) matters of administrative penalty, (ii) the administrative licensing items; (c) the compulsory administrative measures and (d) matters of administrative fees, (v) other matters prescribed by the laws, rules and regulations.
    Normative documents on the implementation of specific provisions of the laws, regulations and rules, no additional obligations of citizens, legal persons or other organizations shall not restrict the rights of citizens, legal persons or other organizations.
    Sixth term normative documents should be standardized, simple, accurate, clear, specific, operational.
    Name of the normative documents, General provisions, methods, rules, decisions and circulars and so on. Normative document provisions form can be used.
    Apart from the complex, and are generally not divided into chapters and sections.
    The seventh draft normative documents, should study the feasibility and necessity of development of normative documents, and to solve the problems, the development of the main system as well as measures for research demonstration.
    Eighth draft normative documents may take written comments or forms such as holding forums, feasibility study meeting, hearing, listened to relevant organs, organizations and management, as well as the opinions of experts.
    Nineth relevant organs, organizations and management, as well as expert comments on draft regulatory documents, drafting units should be studied.
    Relevant organs have a significant disagreement on the content of the draft regulatory documents, drafting units should undertake consultations with through consultation, coordination of their common administrative organ at a higher level or a decision.
    Coordination and handling of major differences of opinion, it should be stated in the drafting instructions.
    The tenth people's Governments above the county level departments, shall be reported directly under the people's Governments at the corresponding level publishing normative documents, shall submit the draft of the draft regulatory documents and related materials; legal work of the people's Governments above the county level bodies should submit its legal review of the draft regulatory documents draft.
    Organizations directly under the people's Governments above the county level departments, development of normative documents, shall be subject to the legal institutions of the sector, the review, released draft normative documents at the Office of Legislative Affairs should draft law audit.
    The material includes the preparation of notes, according to the laws, regulations and rules and national policies and the higher administrative authorities of normative documents, comments, and so on.
    11th article legal work institutions on normative file trial draft of following matters for legal audit: (a) whether beyond statutory permission; (ii) whether and legal, and administrative regulations, and local regulations, and regulations and national policy phase conflict; (three) whether and related normative file phase coordination, and convergence; (four) specific provides whether reasonable, and appropriate; (five) whether sought about organ, and organization and management relative people of views; (six) on differences views of coordination and the processing situation.
    12th article normative file draft trial draft has following case one of of, legal work institutions can stride, and returned or requirements drafting units modified: (a) not meet this provides tenth article, and 11th article provides of; (ii) developed of basic conditions not mature of; (three) about organ on normative file draft trial draft content proposed major differences views, drafting units not with for consultations of.
    The 13th State, city (), County (city, district) developed by the people's Governments of major or related to normative documents of public interest, should be considered by the Executive meeting of the the people's Governments at the corresponding level decisions.
    Department, directly under the people's Governments above the county level work agencies, as well as regulatory documents developed by the people's Governments of villages and towns shall be subject to the consideration by the Office's decision.
    14th publishing normative documents shall be signed by the enacting body mainly responsible.
    Regulatory documents shall be through the Official Gazette, Government Web sites, newspapers, bulletins and other citizens, legal persons or other institutions accessible to the public; not to the public, shall not be used as the basis of administration.
    15th regulatory documents shall be implemented since the 30th, after the date of its publication, but due to the need to protect national security and vital public interests, or released immediately after the execution could affect laws, rules, regulations and implementation of State policies, can come into force on the date of promulgation.
    16th due to major disasters, protect national 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.
    17th normative documents by the enacting body is responsible for the interpretation.
    18th the enacting body shall periodically clean the normative documents found with the laws and administrative regulations, local regulations and rules and the higher administrative authority policies are inconsistent, it shall be annulled.
    Repealed by the enacting body shall publicize normative documents directory.
    19th after the promulgation of normative documents, Xinjiang Uygur Autonomous Region shall, in accordance with the requirements of the normative documents record-keeping provisions of the Executive to submit for the record.
    20th legal and authorized rights to administer public affairs organizations to develop normative documents, these provisions shall apply.
    Executive organs and ad hoc bodies shall make no normative documents.
                                                                21st article of the regulations come into force on December 1, 2004.

Related Laws