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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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(Adopted by the 23th ordinary meeting of the People's Government of Yumnang on 29 October 2004 No. 129 of 7 November 2004 by the People's Government Order No. 129 of 7 November 2004, effective 1 January 2005)

Chapter I General
Article 1, in order to regulate the development and documentation of normative documents of the executive organs, enhance oversight of normative documents, guarantee the quality of normative documents, maintain the harmonization of the socialist rule, promote the administration of the law, and develop this approach in line with the relevant legal, legislative and regulatory provisions.
The normative document referred to in this approach refers to the development and publication by the executive body, which is generally binding on citizens, legal persons and other organizations within a certain range of time.
Normative documents include Government normative documents, sectoral normative documents and delegation of authority to organize normative documents, except for regulations.
Article III governs the competence, scope, drafting, review, decision, registration, publication, interpretation and filing of normative documents for administrative organs within the province.
Legislation, regulations and regulations authorize the organization (hereinafter referred to as the authorized organization) to develop and submit the normative documents, in addition to the provisions of this approach for sectoral normative documents.
Nor is the normative document developed in violation of this approach.
Article IV should be developed in accordance with the principles of legality, legitimacy, openness, simplification, harmonization and efficiency, and in line with the following requirements:
(i) Guarantee the legitimate rights and interests of citizens, legal persons and other organizations and, in conjunction with their obligations, should provide for ways in which their rights are realized;
(ii) A uniformity of the functions and responsibilities of the executive organs and, when providing for the functions of the executive branch, the conditions, procedures and responsibilities for its exercise;
(iii) Adherence to the objective rules of economic and social development, scientific normative administrative behaviour, and promotion of the transformation of government functions to economic regulation, market regulation, social management and public services;
(iv) In line with the principle of the allocation of administrative functions, avoid and reduce the intersection of functions, streamline administrative procedures and facilitate citizens, legal persons and other organizations.
Article 5 The name of normative documents may be used by means of “how”, “rules”, “rules”, “rules”, “please”, but shall not be used as “regulations”.
Article 6. The terms of normative documents should be accurate, concise, and the content of the provisions should be clear, specific and operational.
The content already specified in laws, regulations, regulations and regulations does not in principle duplicate provisions.
Chapter II
Article 7
(i) Implementation of legal, regulatory, regulatory and regulatory provisions;
(ii) Implementation of the provisions of the normative documents of the superior administrative organs;
(iii) Implementation of the resolutions of the General Assembly and its Standing Committee;
(iv) To regulate the specific administration of the present administrative region.
Article 8
(i) Implementation of legal, regulatory, regulatory and regulatory provisions;
(ii) Implementation of the provisions of the normative documents of the superior administrative organs;
(iii) Implementation of the resolutions of the General Assembly of People's Representatives at this level;
(iv) To regulate the specific administration of the present administrative region.
Article 9
(i) Implementation of legal, regulatory, regulatory and regulatory provisions;
(ii) Implementation of the provisions of the normative documents of the superior administrative organs;
(iii) To regulate the specific administration of the industry, the system.
Article 10 concerns matters relating to the terms of reference of the two sectors and requires the development of normative documents, and the relevant sectors involved should be jointly developed.
In violation of the preceding paragraph, separate normative documents were invalid.
Article 11. Authorizes organizations to develop normative documents within the framework of legislative mandates.
The following bodies shall not formulate normative documents:
(i) Interim institutions established by the Government of the people at the district level and its respective work sectors, vertical leadership;
(ii) The work sector, which is owned by more people at the district level, and within the vertical leadership sector;
(iii) Police stations in the work sector of the people of the district level;
(iv) Interim institutions and institutions within the Government of the People's Government.
In violation of the preceding paragraph, the normative documents developed were null and void.
Article 13
(i) Administrative penalties;
(ii) Administrative coercion;
(iii) Administrative licences;
(iv) Administrative fees or fees in the name of funds, contributions;
(v) Limit or dispose of the legal rights of citizens, legal persons and other organizations;
(vi) Obligations other than those prescribed by law, regulations and regulations.
Paragraph (iv) above stipulates that the Government of the Provincial People and the provincial financial authorities, the provincial price authorities, in addition to the normative documents established by law.
Drafting and review
The normative document of the Government of Article 14 is drafted by the organization of the people at this level, which may determine the specific responsibility for drafting by one of its work or more of the work sectors; important normative documents may determine the drafting or organization of drafting by their rule of law institutions.
Sectoral normative documents are drafted by the work sector, vertical leadership, affiliated to the Government of more than communes, which may determine the specific responsibility for drafting by one or more of its institutions and subsidiary bodies; and important normative documents may determine the drafting or organization of drafting by its rule of law bodies.
Article 15 State organs, citizens, legal persons and other organizations may make proposals for the development of normative documents to the executive organs. The executive branch should study the decision-making and the responses.
The content of normative documents to be developed relates directly to the interests of citizens, legal persons and other organizations, or to matters that have an important impact on the development of the region, the industry, which should be made public by the executive body to hear the views of relevant organs, organizations, individuals and experts.
The hearings may be conducted at the drafting or review stage, with written requests for views, and the holding of colloquiums, symposia, counselling meetings, hearings, etc.
Article 17
(i) Priorities, venues, content, etc., and requests for hearing should be made available in the press or in specialized announcements;
(ii) The hearings were chaired by the Government's rule of law body or the sectoral rule of law body, and the heads of drafting units made a statement on the draft normative document;
(iii) The relevant organs, organizations and individuals participating in the hearings are entitled to questions and observations;
(iv) The hearings should produce a record of the main points and reasons for the record of the speaker;
(v) Drafting units and rule of law institutions should carefully study the views reflected in the hearings and, when presenting the draft normative document, information should be provided on the treatment and reasons for the hearings.
The drafting of normative documents involves other sectoral mandates, and the drafting unit should be in consensus with the relevant departments; the drafting body should, in full consultation, be informed and justified when the draft normative document was delivered.
Article 19 Drafting units should send the normative document to the drafting body and its notes, different views and other relevant materials on the main issues of the delivery of the draft articles.
The draft normative document should be delivered by the main holder of the drafting cell; the normative document co-drafted by the two drafting units should be signed by the main heads of the drafting units.
A description of the draft of normative documents should include the need for normative documentation, the main measures required and the views of the parties concerned. The materials included a summary of views, hearings, research reports and other relevant information.
Article 20
A copy of the sectoral normative document was sent under the authority of the rule of law in the sector.
Article 21: The rule of law body shall review the draft of normative documents as required:
(i) The necessary and feasible;
(ii) In conformity with the provisions of the legal, regulatory, regulatory and normative documents of the superior administrative organs;
(iii) Coordination and interface with relevant normative documents;
(iv) In conformity with the principles, competence, scope and procedures set out in this approach;
(v) To properly address the views of relevant bodies, organizations, individuals and experts on the main issues of normative documentation;
(vi) Other elements requiring review are in line with this approach.
In the review, the rule of law institutions required clarifications, presentation of the basis, assistance, which should be synchronized and responded within the time frame.
Article 2 contains one of the following cases in which the rule of law institutions can return to the drafting body:
(i) The conditions for the development of normative documents are not ripe;
(ii) There is a greater disagreement between the relevant departments or agencies with regard to the main elements of the provisions of the draft articles on the delivery of normative documents, which are not consulted with the relevant departments or bodies;
(iii) The issuance of the report shall not be in accordance with articles 19 and 21 of this approach.
Article 23 concerns different views on the main measures involved in the delivery of normative documents, the management system, the division of competence, etc., and the rule of law institutions should be coordinated and agreed; it should not be agreed that the main issues, the views of the relevant departments or institutions and the views of the rule of law institutions should be presented to the Government of the people at the current level or to the present sector.
Article 24 should carefully study the views of all parties in the course of the review, modify the draft normative document and form a draft normative document and note.
The draft note should include the following:
(i) The need for normative documentation and the development process;
(ii) The main issues and measures to be addressed;
(iii) Issues of coordination with relevant units and other requirements.
Draft normative document was submitted by the rule of law body to the Government of the people at this level or to the sector.
Chapter IV Decisions, registration and publication
Article 26 Norms of the Government of the people at the district level should be decided by the Standing Committee of the Government or by the plenary; however, a combination of small-scale and varied views could be approved by the main holder.
The normative documents of the commune (commune) people's Government should be decided by the commune (communes) office.
Sectoral normative documents should be decided by the Commission, the Office, the Bureau.
Article 27, when the executive body considers the draft normative document, is provided by the rule of law body.
Article 28 should amend the draft normative document with the drafting unit's deliberations on the basis of the meeting, and produce a draft revised version of the draft, requesting the Government of the current people or the principal heads of the sector to sign a declaration.
Article 29 should be uniformed, consistent number, which sets out the design organs, names, books, registration numbers under article 31 of the normative document and the date of adoption (ratification), date of application and date of publication.
The normative documents developed jointly by more than two departments are used for the publication of the host organ.
Article 33 shall be registered by the executive branch within five days of the date of the signing of the bulletin on normative documents. The Government's normative documents are registered at the level of the Government's rule of law institutions; the sectoral normative document is registered by the Government's rule of law institutions.
The registration of normative documents should be submitted in one of the copies of the registration reports, notes and normative documents, which can be delivered in electronic or facsimile formats.
Article 33 of the Constitution of the people at the district level should be reviewed in the form of normative documents within 5 days of the date of receipt of the registration report, registered in conformity with article 2, article 33 of the present approach, and registered with the designating body of the normative document, which is uniformed; and non-registration, resubmission or other treatment of the design body.
Article 32, after registration of normative documents, should be published in a timely manner in the Official Gazette of the Government and in the newspapers, e-government websites and other media that are published in the present administration.
The commune (commune) Government's normative documents are registered and can be published in the district-level government bulletins or in other media and in the town.
The text published in the Official Gazette of the Government after registration is the standard text.
Article 33 of the Government's normative document is governed by the Statute on Registration of Norms by the Government of the High-level People.
The normative documents of the working sector, the vertical leadership and the mandated organization, which are owned by the Government of the People at the district level, are governed by the Guidelines Registration Restructuring of the Final Document of the Authority.
The Government's bulletins and the media concerned shall not be published in the normative documents that do not hold the normative document.
Article 34, Civil, legal and other organizations may refuse implementation of normative documents that are not registered and published under this scheme.
Article XV should be implemented after 30 days of the date of signature, with the exception of article 47 of this approach.
The following units in Article 16 should provide social access to normative documents:
(i) The editorial body of the Government's bulletin;
(ii) The public service agency;
(iii) e-government websites;
(iv) Archives.
The organs should send the text of the normative document to the units set out in subparagraphs (ii), (iii), (iv) within seven days from the date of publication of the Government's bulletin or newspapers.
Chapter V Interpretation and documentation
Article 37 contains one of the following cases, which are interpreted by the competent organ:
(i) The content of normative documents requires further clarity on specific meaning;
(ii) New developments after the development of normative documents require a clear application.
Specific work in the interpretation of normative documents is carried out by the rule of law institutions of the enacting body and, in the light of the draft procedure for the development of normative documents, the drafting body is invited to publish it after approval.
The interpretation of normative documents is equally effective with normative documents.
Article 39 State organs, citizens, legal persons and other organizations may make requests for interpretation to normative document-making bodies.
Article 40, after registration of normative documents, shall be submitted by the designating authority within 15 days of the date of publication to the superior administrative body by:
(i) The Government of the people at the top level of the normative documentation developed by the Government of the people at all levels;
(ii) The normative paper prepared by the Government of the people of the District, which belongs to the work sector, is submitted to the Government of the People's Deputies at the first level, which is reproduced to the executive authorities at the top level; the normative documents developed jointly by the two departments are sent by the host agency;
(iii) The normative documents of the vertical leadership sector are presented at the highest level of administrative authority, accompanied by the same-ranking people's Government;
(iv) Authorize the organization to prepare normative documents for the same-ranking people.
Article 40 Reporting of the normative document is to be submitted to the request report, the official text and notes of the normative documents, and a book, and a three-phase.
Conditions are available and electronic versions of normative documents are presented.
Article 42 provides for the preparation and supervision of normative documents, which is specifically responsible for the authorities of the people at the district level and their respective offices, the vertical leadership sector.
The rule of law bodies review the normative documentation of the submission of the submission and review the requirements of article IV and Article 21 of the present approach.
In reviewing normative documents by more than forty-third people's rule of law institutions at the district level, the relevant executive organs are required to submit their views within the deadline; the normative document-making bodies are required to clarify the situation and the relevant organs should provide clarification within the time frame.
Article 44 does not provide copies of normative documents or are not submitted on time, and is communicated by the rule of law institutions at the district level to the development of the institution's deadlines; the late issuance of such reports, which will be criticized and administratively disposed of by the inspectorate against the competent and other persons directly responsible.
Article 42 of the State's rule of law bodies which have reviewed the detection of the violation of normative documents should be recommended or tasked with the establishment of a time limit for the administration to correct themselves; the refusal to rectify, remove or inform society of the invalidity of the normative document.
Normative documents are in conflict with the consequences of the harm, and the supervisory body should, in the circumstances, give administrative disposal to the competent and other direct responsibilities directly responsible.
Article 46 states, citizens, legal persons and other organizations are of the view that normative documents are incompatible with legal, regulatory, regulatory and regulatory and normative documents of the superior administrative organs, or in violation of the provisions of this approach, may submit a review proposal in writing to the Government of the High-level People's Authority.
The previous review recommended that the rule of law body be studied. It is true that the normative document is in violation of article 55 of this approach and will respond to the situation to the units or individuals that have proposed the review.
Annex VI
Article 47 deals with sudden incidents and emergency matters, and the drafting cell may, in accordance with actual needs, be sent directly to the Rule of Law body for review, to report to the Government of the current people or to the principal heads of this sector for immediate implementation.
The normative document of the former paragraph shall be registered and submitted by the development body within 15 days of the signing of the notice.
Article 48 provides for the registration of normative documents, the announcements, the filing of reports, and is developed by the Office of the Government of the Provincial People's Rule of Law.
Article 49 has one of the following cases, and the executive organs should promptly clear the normative documents developed by the organ and make changes and decisions to be repealed in the light of the facts:
(i) Law, regulations, regulations, normative documents of the superior administrative organs and changes in normative documents developed by this body, alternative or all elements of existing normative documents;
(ii) normative documents are not adapted to the needs of economic and social development or are not adapted to the provisions of the superior State organs;
(iii) Normalization of normative documents.
Clearing normative documents in accordance with the preceding paragraph should be reported in a timely manner by the executive branch. The results of the clean-up of normative documents are made up of the authorities of the State and the rule of law at the district level.
Article 50 amends and repeals normative documents by executive organs and is implemented in accordance with the relevant provisions of this approach.
Article 50 editor publishes a compilation of normative documents for the official version, the national text and the external version, which is responsible for the development of normative documents or for the Government's rule of law institutions at the district level.
Article 52 is implemented effective 1 January 2005. The Government of the Provincial People's Government issued the provisions on normative documentation for the administration of the State of Yunnan on 21 September 1990, which were also repealed.