Yunnan Province, Administrative Authorities Of Normative Documents And Filing Procedures Are Formulated

Original Language Title: 云南省行政机关规范性文件制定和备案办法

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(October 29, 2004 Yunnan Province Government 23rd times Executive Conference considered through November 7, 2004 Yunnan Province Government makes 129th, announced since January 1, 2005 up purposes) first chapter General first article to specification administrative organ normative file of developed and record activities, strengthening on normative file of supervision, guarantee normative file quality, maintenance socialist legal unified, promote law administrative, according to about legal, and regulations provides, combined this province actual, developed this approach.
    Second standard documents in these measures refers to administrative organs and to publish, within a certain scope, timing of citizens, legal persons and other organizations generally binding files.
    Normative documents, including government documents, departmental organization authorized by normative documents and normative documents, but excluding regulations.
    Article within the administrative area of the province of normative documents of the Executive authority, scope, drafting, review, decision, registration, promulgation, interpretation and record monitoring procedures apply.
    Organization authorized by laws, rules and regulations (hereinafter referred to as authorized organizations) and introduction of normative documents of record, except where otherwise provided, in accordance with this approach to sectoral provisions of normative documents.
    Contrary to normative documents developed in these measures null and void. Fourth article developed normative file should followed legal, and reasonable, and public, and streamlined, and unified and efficiency of principles, and meet following requirements: (a) guarantees citizens, and corporate and other organization of lawful rights and interests of, in provides obligations of while, should provides its corresponding of right and guarantees right achieved of way; (ii) reflected administrative organ terms and responsibility of unified, in provides administrative organ terms Shi, should provides its exercise terms of conditions, and program and responsibility; (three) meet economic social development of objective law,
    Scientific and normative administrative acts to promote government functions into economic regulation, market supervision, social management and public services; (d) comply with the administrative functions of configuration principle of avoiding and reducing overlapping functions, simplify administrative procedures and facilitate citizens, legal persons and other organizations.
    Article fifth normative documents can use the name of "method", "rule", "decisions" and "rules" or "rules", "notice", but may not use "regulations".
    Terms should be accurate, concise article sixth normative documents, provisions should be clear, specific, operational.
    Contents of the laws, regulations and rules have been clearly defined, normative document provisions, in principle, will not repeat.
    Chapter II rights and scope of seventh people's Governments above the county level can develop normative documents on the following matters: (a) implementation of the provisions of the laws, regulations and rules and (b) administration of the higher administrative authorities of normative documents requirements; (c) the implementation of resolutions of the people's congresses at the corresponding levels and their standing committees, (d) specific administration to regulate the administrative work.
    Article eighth of township (town) people's Government development of normative documents on the following matters: (a) implementation of the provisions of the laws, regulations and rules and (b) administration of the higher administrative authorities of normative documents requirements; (c) the implementation of resolutions of the present level and (iv) specific administration to regulate the administrative work.
    Nineth above county level people's Government departments, vertical sectors can developing normative documents on the following matters: (a) implementation of the provisions of the laws, regulations and rules and (b) administration of the higher administrative authorities of normative documents requirements; (c) the specific administration to regulate the industry or in the system.
    Article tenth relates to matters within the competence of two or more departments, need to develop normative documents, the departments involved should be jointly developed.
    Violation of the provisions of the preceding paragraph, separate normative document is invalid.
    11th empowers the organization within a statutory mandate to develop normative documents.
    12th the following institutions shall make no normative documents: (a) the people's Governments above the county level and their departments, the vertical sector established the provisional institutions; (b) Department works the people's Governments above the county level and vertical sector organs; (c) Agency of the working departments of the people's Government above the county level and (iv) the township (town) people's Government of the provisional institutions and organs.
    Violation of the provisions of the preceding paragraph, development of normative documents is invalid.
    13th normative documents may not be set to the following matters: (a) the administrative penalty, (ii) administrative enforcement; (c) an administrative license; (d) the administrative charge of or on behalf of the Fund, contributions from fee; (e) restrict or dispose of the legal interests of citizens, legal persons and other organizations (vi) outside obligations under the laws, regulations and rules.
    The preceding paragraph (d) provides that provincial people's Government and provincial financial departments, the provincial Department in charge of price development of normative documents, except in accordance with law.
    Chapter drafting and review of the 14th Government normative document drafted by the people's Governments at the corresponding level organizations, work can be determined by a Department or by two or more departments specifically responsible for the drafting of important normative document drafted by its legal bodies or organizations can be identified.
    Department of normative documents by the people's Government above the county level departments, vertical sector drafted, can be identified by one or more of its internal bodies, subordinate institutions specifically responsible for the drafting of important normative document drafted by its legal bodies or organizations can be identified. 15th State organs, citizens, legal persons and other organizations developing normative documents recommendations to the administration.
    Executive receives recommendations, decide whether or not projects should be studied, and waiting for the answer.
    16th article of the proposed regulatory documents directly involving citizens, legal persons and other organizations of interest, or the region, construction has an important influence on the development of this matter, the executive authorities should be accountable to the public, hearing the views of relevant agencies, organizations, individuals and experts.
    Views in the drafting or review phases, in written comments and held seminars, feasibility study meeting, consultation, public hearings and other forms.
    17th article administrative organ drafting or review normative file need held hearing of, should meet following provides: (a) held hearing of 7th Qian, should in news media or specifically released of announcement Shang announced hearing of time, and locations, and content, specific matters and requirements; (ii) hearing by government legal institutions or sector legal institutions presided over, drafting units head on normative file draft for description; (three) participate in hearing of about organ, and organization and personal right to questions and published views;
    (D) a record shall be kept of the hearing record of spokesman of the main views and reasons; (e) the drafting and legal institutions should seriously study the hearing reflected a variety of views, at the time of submitting draft regulatory documents, should indicate on the treatment of the condition and the reason for the hearing.
    18th draft normative documents related to terms of reference of the others, drafting unit and other departments concerned should consensus full cannot reach agreement through consultations, drafting units should be reported when the draft of the draft regulatory documents to explain the situation and reason.
    Article 19th draft drafting units should be normative documents and descriptions, to draft major differences of opinion and other relevant material submitted to the enacting body.
    Normative documents draft should be signed by the drafting unit primarily responsible; cooperation of two or more draft draft draft normative documents shall be signed by the heads of the main drafting units. Description should include the development of normative documents draft normative documents of the necessity, the main measures as required, interested parties, such as content.
    Related materials include summaries of opinions, hearing transcripts, research reports and other relevant information.
    Article 20th draft normative documents by the Government, by the local government bodies responsible for the review of the legal system.
    Sector normative documents of the draft, by the bodies responsible for the review of the legal system in this sector.
    21st article legal institutions should according to following requirements on normative file trial draft for review: (a) necessary, and feasible; (ii) meet legal, and regulations, and regulations and superior administrative organ normative file of provides; (three) and about normative file phase coordination, and convergence; (four) meet this approach provides of principles, and permission, and range and program; (five) right processing about organ, and organization, and personal and experts on normative file content main problem of views; (six) other need review of content meet this approach provides.
    Rule of law institutions under review requires units to make notes, submit evidence, to assist the work and shall cooperate with the relevant units, and respond within the required time limit.
    22nd article normative file trial draft has following case one of of, legal institutions can returned drafting units: (a) developed normative file of conditions is not mature of; (ii) about sector or institutions on normative file trial draft provides of main content differences views larger, drafting units not and about sector or institutions consultations of; (three) reported trial draft not meet this approach 19th article and 21st article provides of.
    23rd of the departments or agencies related to normative documents draft involves major measures have different views, the Division of management, permissions, and rule of law institutions should be coordinated, consensus; fail to reach an agreement, major problems, the relevant departments or agencies should be opinion and legal bodies reported to the people's Governments at the corresponding level, or the Department's decision.
    Article 24th in rule of law institutions in the review process should carefully study all these views, to modify the normative document draft form draft normative documents and instructions. Draft should include the following: (a) the necessity of development of normative documents and formulation; (b) the proposed measures to address the problem and (iii) coordination with relevant authorities and other issues important to note.

    25th draft normative documents, by legal bodies for the attention of the people's Governments at the corresponding level, or the Department to make a decision.
    The fourth chapter decisions, registration and publication of normative documents of the 26th the people's Governments above the county level shall, shall be subject to Government Executive or plenary decisions involving small, all views more consistent, approved by the Chief.
    The township (town) people's Government regulatory documents shall be by the township (town) long meeting decided.
    Sectoral normative documents Commission, Office, Hall, Council meetings should be decided.
    27th administrative authorities when considering the draft regulatory documents, described by legal institutions.
    28th legal agencies shall, together with the draft according to the deliberations of the Conference on the draft regulatory documents modified forms the amended draft and submit them to the main notice signed by the head of the people's Governments at the corresponding level, or the Department.
    29th announcement should be a unified number, consecutively, normative documents set forth the enactment organ, the name, number, registration number, as well as provided for in article 31st of this approach through the (ratification) date, effective date, and release date.
    Normative documents developed jointly by two or more departments, using the bulletin number of the host authorities. 30th the enacting body shall post in a normative document signing date in the 5th, the higher administrative authority.
    Government registration of normative documents on level people's Government legal agencies; sectoral normative documents of the legal institutions registered under the same level.
    Registration submit regulatory documents shall be submitted for registration reports, notes and a copy of the normative documents can be submitted electronically or fax text.
    31st government legal agencies above the county level shall, from the date of receipt of the registration within 5th form review of normative documents, the present measures stipulated in article II and 30th, registration, and to develop certificate issued by the number of the normative document registration receipt; does not meet the requirements, registration, return the enacting body to submit again or other treatment.
    After registration, the 32nd normative documents, the Official Gazette of the same level and within the administrative area of the public offering newspapers, e-Government websites and other media shall be published.
    The township (town) people's Government after registration, the normative documents, as well as towns in the County Government Gazette or any other media (town) posted on the Bulletin Board.
    After registration, the normative document texts for standard texts published in the Official Gazette.
    Article 33rd normative document of the Government by the people's Government of the enacting body the superior of the normative document for the published procedures of the registration receipt.
    People's Government above the county level departments, vertical sectors and authorized the Organization's normative documents by the enacting body the people's Governments at the corresponding level of the normative document for the published procedures of the registration receipt.
    Official Gazette and the media for not holding the regulatory documents regulatory documents receipt of the registration shall not be published.
    Article 34th citizens, legal persons and other organizations in accordance with this regulation to be registered and published normative documents can be rejected.
    Article 35th of normative documents should come into force after signing the published 30th, 47th in these measures except for cases provided for in article.
    Article 36th following units should provide normative documents for public inspection services to the community: (a) Government Gazette editorial Agency, (ii) services for the convenience of the Government, and (iii) the e-Government Web site, and (iv) archives.
    The enacting body shall Official Gazette or within 7th day of newspapers published normative documents, normative document text will be sent to the preceding paragraph (b), (c), (d) provided.
    Fifth chapter interpretations and normative documents record 37th article of one of the following conditions, by the enacting body to explain: (I) the need to further clarify the specific meaning of normative documents, (ii) there is a new situation after the normative documents, need to be clearly applied based on the.
    Article 38th of normative documents to explain the specific work by the enacting body's legal institutions, and in the light of draft normative documents procedures, approval of the enacting body announced.
    Interpretation of normative documents and normative documents have the same effect.
    39th State organs, citizens, legal persons and other organizations may make a request to the normative documents. 40th article normative file by registration Hou, should since published of day up 15th within by developed organ by following provides reported superior administrative organ record: (a) levels Government developed of normative file reported Shang level government record; County above Government sent organ developed of normative file reported established the sent organ of government record; (ii) County above Government belongs work sector developed of normative file reported this level government record, while copy Shang level administrative competent sector
    ; Normative documents developed jointly by two or more departments hosted mouthpiece sent record; (c) vertical sector normative documents reported to the administrative authorities at a higher level for the record, also reported to people's Governments at the same level; (d) the authorized organization normative documents developed by the people's Governments at the same level for the record.
    41st submit regulatory documents filed shall submit the official text and description of filing reports and regulatory documents, bound, a set of three copies.
    Conditions, and submit the documents electronically.
    42nd normative documents of record keeping and supervision by the people's Governments above the county level and their departments, vertical components of rule of law institutions in charge.
    The normative documents of the rule of law institutions to submit for the record, in accordance with the requirements of this article fourth and 21st for review.
    43rd legal agencies above the county level people's Government when the review of regulatory documents, need comments from relevant executive authorities, competent authorities shall reply within the deadline; required normative documents about the case, competent authorities shall be addressed at the requirements within the time limit.
    44th not submitted to regulatory documents filed or submitted on time record, formulated by the people's Governments above the county level legal notice deadline submissions; fails to submit, be criticized, and by the competent supervisory organ directly responsible for and other persons directly responsible shall be given administrative sanctions.
    45th the people's Governments above the county level shall rule of law institutions review regulatory documents revealed law, should be recommended or to instruct the enacting body to correct itself within; refused to correct, change, cancellation or to society announcements, announced that the normative document is invalid.
    Normative documents illegal, harmful consequences, supervisory organs shall be subject to the direct responsible person in charge and other persons directly responsible shall be given administrative sanctions.
    46th State organs, citizens, legal persons and other organizations to view regulatory documents with the laws, rules and regulations, as well as higher administrative authorities of normative documents contradict or violate the provisions of these measures, you can review recommendations to the people's Government of the enacting body's superior writing. Review suggested in the preceding paragraph by the legal research process.
    Is considered to be normative documents illegal, be dealt with in accordance with this article 45th, and will handle the situation to review proposals respond to the unit or individual.
    Sixth chapter supplementary articles article 47th normative documents related to emergencies and emergency matters, drafting units according to actual needs, directly after a legal review and submit them to the level people's Government or the sector mainly responsible signed notices be published immediately after promulgation.
    Regulatory documents shall be signed before announcement date within 15th by the enacting body and event registration record.
    48th normative document formats such as registration, notice, filing reports, formulated by the Legal Affairs Office of the people's Government of the province.
    49th article has following situation one of of, administrative organ should timely cleanup this organ developed of normative file, and according to reality made modified, and abolition of decided: (a) legal, and regulations, and regulations, and superior administrative organ normative file and this organ new developed of normative file modified, and alternative or revoked has existing normative file of part or all content of; (ii) normative file has not adapted economic and social development of need, or and superior state of provides not phase adapted of;
    (C) normative documents the failure of nature. Clear normative documents in accordance with the preceding paragraph shall promptly report to the higher administrative authority.
    Results of normative documents by the rule of the people's Governments above the county level institutions are responsible to the public.
    50th modified, abolishing the normative documents of the Executive, in accordance with the relevant provisions of the measures.
    51st article editing and publishing the official version, national language, foreign language versions of normative documents compiled by normative documents or the rule of the people's Governments above the county level bodies. 52nd these measures come into force on January 1, 2005.
                                                                                                                          Province people's Government of Yunnan province, released on September 21, 1990, the normative documents for the record of the executive regulations repealed simultaneously.

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