Hunan Province, Regulations Normative Documents For The Record Review

Original Language Title: 湖南省规章规范性文件备案审查办法

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(April 14, 2004, Hunan provincial people's Government, the 28th Executive meeting on May 23, 2004, 186th promulgated by the people's Government of Hunan province as of July 1, 2004) first to strengthen the supervision of regulations and regulatory documents, safeguard the Socialist legal system, ensure the correct implementation of laws, regulations and Government decrees, 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 and the Archivist filing of regulations and provisions of the Ordinance,
    These measures are formulated.
    Second rules mentioned in these measures refers to the regulations of the Changsha city people's Government, formulate.
    Standard documents in these measures refers to people's Governments and their subordinate departments at all levels in accordance with legal rights and procedures issued by, involving or affecting the rights and obligations of citizens, legal persons and other organizations, applied repeatedly over a given period, generally binding regulations, practices, rules, regulations, decisions and orders of the social administration of the file.
    Issued by the people's Governments and their subordinate departments at all levels to develop internal rules, file of the deployment stage, personnel decisions, higher level executive instructions and reports, on specific issues of communication, notification, approval, and a decision of administrative handling, these procedures do not apply.
    Article people's Governments and their subordinate departments shall perform duties regulations regulatory documents filed, strengthen regulations normative documents record for organizational leadership.
    Higher administrative authorities shall strengthen the lower administrative authority regulations normative documents and record reviews of supervision.
    Fourth rule of the people's Governments above the county level body specifically responsible for regulations and regulatory documents for the record review, discharge record review regulatory duties.
    Executive authorities of the province, following the implementation of vertical legal normative documents for the record review of the institutions in charge of the system.
    Article fifth normative documents shall be subject to the body of the enacting body in charge of Legal Affairs article Nineth listed for review.
    Regulatory documents shall be published in the community prior to entry into force and in accordance with the provisions of the measures submitted for the record review. Sixth article normative file should since announced of day up 15th within, in accordance with following provides submitted record: (a) levels Government developed of normative file, reported its Shang level government record; (ii) County above Government belongs sector developed of normative file, reported this level government record; (three) implemented vertical of sector developed of normative file, reported Shang level competent sector record, while cc this level Government; (four) two or two a above sector joint developed of normative file,
    By the sponsoring departments in accordance with this section (b), (c), of the provisions submitted for the record.
    Seventh rule in accordance with the Archivist filing of regulations and regulations submitted to the State Council for the record and submitted to the provincial people's Government for the record.
    Submitted to the provincial people's Government for the record of the regulations, the provincial governments of rule of law institutions in accordance with this regulation the review of regulatory documents, review and correct handling procedures for review and oversight.
    Article eighth submitted in accordance with these measures people's Government record-keeping regulations and regulatory documents, we sent the Government legal organization.
    Submit the regulations and regulatory documents filed shall submit the filing text reports, regulations normative documents and formulation, and in accordance with the format prescribed by binding, a 10.
    Conditions shall simultaneously submit electronic copies of regulations and regulatory documents.
    Nineth article County above government legal institutions on submitted record of normative file, on following matters for review: (a) whether beyond statutory permission; (ii) whether violation upper method and World Trade Organization rules of provides; (three) whether appropriate; (four) subordinate Government and superior government sector Zhijian, and sibling government sector Zhijian of normative file whether coordination; (five) whether against statutory developed program. Tenth government legal agencies shall promptly review the normative documents submitted for the record. When the Government rule of law institutions review regulatory documents, normative documents of the enacting body shall cooperate; need to seek the views of the relevant departments, the lower level people's Governments and relevant organizations, is the timely feedback comments.
    When necessary, it should also seek the views of relevant experts and the management of people. 11th article submitted record of normative file by review found problem, respectively according to following provides processing: (a) on normative file beyond permission of, violation legal, and regulations, and regulations provides of, not appropriate or and World Trade Organization rules phase conflict of, or against statutory program of, by government legal institutions recommends developed organ stop implementation and itself corrected; developed organ in provides of term within not itself modified or abolition of,
    Put forward opinions by government legal agencies reported to the people's Governments at the corresponding level for approval of amendment or cancellation, or when authorized by the people's Governments at the corresponding level, decided by the Government legal organization for amendment or cancellation.
    (Ii) sibling Government belongs sector developed of normative file Zhijian, and subordinate Government developed of normative file and Shang level Government belongs sector developed of normative file Zhijian on same matters of provides inconsistent of, by is responsible for review of legal institutions for coordination, by coordination reached consistent views of, related sector and place should implementation; by coordination cannot made consistent views of, by legal institutions proposed processing views reported this level Government decided, and notification developed organ.
    Normative documents on the technical problems, the Government legal organization can submit opinions to the enacting body, by the enacting body to deal with.
    12th the Government legal organization in accordance with these measures article 11th proposal to correct, normative documents within 30th organ shall, upon receiving notification of the correct itself, and written report on the results to the Government legal agencies.
    13th Government rule of law institutions within the jurisdiction of the illegal, improper or inconsistent regulatory documents are not reviewed, the superior legal institutions should be ordered to review the deadline if necessary, can also review, and in accordance with the provisions of this article 11th. 14th State organs, social organizations, enterprises and institutions, citizens believes that normative documents is inconsistent with the laws, regulations and provincial regulations, or contradiction between the normative documents can be submitted to the Government legal organization accepting the record review written review recommendations. Government legal agencies accepting the record review after receiving the review recommendations, should be reviewed.
    Upon examination there is a problem, in accordance with the relevant provisions of article 11th, and to review recommendations of unit and individual feedback reviews and process the results.
    15th normative documents Development Authority shall, before the end of January in each year, the previous year, the respective regulatory documents developed by the newspaper level or the local government legal agencies.
    16th people's Governments above the county level shall rule of law institutions should be before the end of March in each year, review of normative documents record the previous year, report to the people's Governments at the corresponding level, with a copy to level people's Government legal agencies.
    17th people's Governments above the county level and legal agencies should strengthen their regulations and regulatory documents filed supervision and inspection, establish regulations normative documents for the record review of statistical reports, record reviews checked reporting, accountability, management and oversight systems and the contents of the record review in the administrative law enforcement responsibility.
    18th article regulations, and normative file developed organ violation this approach sixth article, and seventh article, and 12th article and 15th article provides of, by government legal institutions ordered deadline corrected; on late not corrected of, give informed criticism; plot serious, caused serious damage administration relative people lawful rights and interests of of, should to about administrative organ proposed on directly is responsible for of competent personnel and other directly responsibility personnel give administrative sanctions of recommends, about administrative organ should law made processing. 19th government legal agencies in violation of the rules, does not discharge the responsibilities of recording review, by the Government of the people's Governments at the corresponding level or by the legal entity shall be ordered to correct, it fails, give notice of criticism.
    Serious consequences, should be drawn to the relevant administrative authorities to managers and others directly responsible shall be given administrative sanctions. 20th article of the rules take effect on July 1, 2004.
                                            September 28, 1992 issued by the provincial people's Government on the establishment of regulations and regulatory documents notice filing system repealed at the same time.

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