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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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(Adopted at the 28th ordinary meeting of the Government of the Southern Province on 14 April 2004 No. 186 of 23 May 2004 by the Order of the Government of the Great Lakes Region, which was issued effective 1 July 2004)
Article 1, in order to enhance oversight of regulations, normative documents, to preserve the unity of the socialist rule, to guarantee the proper implementation of laws, regulations and political access, and to develop this approach in accordance with the provisions of the People's Congress and Local Government Act and the Regulations and Rules.
Article 2 of this approach refers to regulations established by law by the Government of the Nahr el-Sheikh.
The normative documents referred to in this approach refer to documents issued by all levels of the people's Government and their respective departments in accordance with their statutory competence and procedures that affect or affect the rights, obligations and obligations of citizens, legal persons and other organizations, which have been applied repeatedly over a period of time, with universal binding provisions, approaches, rules, application of rules, decisions, orders, orders and orders for the administration of society.
The internal working regulations issued by the people's governments and their respective departments, the documents for the deployment of phase-specific work, the staff member's decision-making, the invitations and reports to the superior administrative bodies, the communication, notification, review and administrative processing decisions, are not applicable.
Article 3. Governments of all levels of people and their respective departments should perform their normative documentation functions in accordance with the law and strengthen the organizational leadership of the normative documentation process.
The executive branch should strengthen oversight guidance for the development and preparation of normative documents for the executive branch.
Article 4
The rule of law institutions of the executive body, which is headed by vertically, are responsible for the review of the normative documents of the system.
Article 5 establishes normative documents that should be subject to a uniform review by the body responsible for the rule of law.
Normative documents should be made available to society prior to entry into force and submitted for review in accordance with the provisions of this approach.
Article 6 Normative documents shall be sent within 15 days of the date of publication in accordance with the following provisions:
(i) The normative documents developed by the people's governments at all levels are presented to the Government of the people at the highest level;
(ii) The normative documents developed by the authorities of the above-mentioned people at the district level, which are presented to the Government of the people;
(iii) The introduction of normative documents developed by the vertically-led sectors to report back to the top-level authorities and to accompany the Government;
(iv) The normative document developed jointly by two or more sectors shall be submitted by the host sector in accordance with the provisions of subparagraphs (ii) (iii) of this article.
Article 7. The regulations are submitted to the State Department in accordance with the Regulations and Rules and are presented to the Provincial People's Government.
The regulations that are submitted to the Government of the People of the province are reviewed and monitored by the Provincial Government's rule of law bodies in accordance with the review of normative documents, the manner of review and the procedures for redress.
Article 8, in accordance with the regulations and normative documents that are presented to the Government of the People's Government, is to be transmitted to the Government's rule of law institutions.
Reporting regulations, normative documentation files should be submitted, the text of normative documents and the development of notes, and, in accordance with the prescribed format, a dozen copies.
Conditions should be accompanied by electronic texts of regulations and normative documents.
Article 9
(i) Does not go beyond statutory competence;
(ii) Whether there is a violation of the provisions of the superior law and the rules of the World Trade Organization;
(iii) Is appropriate;
(iv) The coordination of normative documents between the lower-level people's Government and the higher-level people's government and the counterparts;
(v) Whether there is a violation of the procedure established by law.
Article 10 Government rule of law institutions should conduct a review of the normative documentation of the submission. In reviewing normative documents by the Government's rule of law bodies, normative documentation-making bodies should be synchronized; the need for advice from the relevant departments, the lower-level people and relevant organizations should be consulted on time. The views of the experts and the management of the relative should also be sought if necessary.
Article 11. The normative documents for the submission of requests are reviewed and are dealt with in accordance with the following provisions:
(i) With respect to normative documents that go beyond their competence, in violation of laws, regulations, regulations, inappropriate or conflict with the rules of the World Trade Organization, or contrary to the statutory procedures, the Government's rule of law bodies recommend that the body be established to cease implementation and to correct themselves; that the establishment of organs shall not be altered or repealed within the prescribed time period, shall be modified or withdrawn by the Government's rule of law body after the approval of the Government of the people submitting the opinion, or, with the authorization of the Government of the present people, shall be determined by the Government.
(ii) Contrary to the normative documents developed by the parent government, the normative documents developed by the lower-level people's Government and the normative documents developed by the Government-owned departments of the people at the highest level are inconsistent with the provisions on the same matter, which are coordinated by the body responsible for reviewing the rule of law, which should be implemented by the relevant departments and localities; and, in coordination, cannot be agreed upon, the rule of law bodies are advised to deal with the decisions of the current people's government.
Normative documents have technical problems in developing, and the rule of law institutions of the Government can submit their views to the development bodies and be dealt with by the designating organs themselves.
Article 12 Government rule of law bodies, in accordance with article 11 of this approach, recommend that their own corrective action be taken by the normative document-making body within 30 days of the date of receipt of the notice and that the results will be reported in writing to the Government's rule of law institutions.
Article 13 of the Government's rule of law bodies are not subject to review of normative documents that are incompatible with, inappropriate or uncoordinated within the jurisdiction, and their superior rule of law bodies should be responsible for the processing of their deadlines; and, if necessary, may be directly reviewed and addressed in accordance with article 11 of this approach.
Article XIV State organs, social groups, business organizations, citizens believe that normative documents are incompatible with the laws, regulations and regulations of the Government of the province, or that normative documents may be submitted in writing to the Government's rule of law bodies that are reviewed. The Government's rule of law bodies that receive review are subject to review recommendations. The question was examined, in accordance with the relevant provisions of article 11 of this approach, and the results were reviewed and processed with feedback from units and individuals that proposed the review.
Article 15. The normative document development body shall report, by the end of January of each year, the directory of normative documents established in the previous year, either at the superior level or at the current level of the Government's rule of law.
Article 16 states that the rule of law institutions of the people at the district level should be reviewed by the end of March of the previous year's normative documentation, reporting to the Government of the people at this level, accompanied by the Government's rule of law.
Article 17 Governments of more people at the district level and their rule of law institutions should strengthen monitoring of regulations, normative documentation readiness cases, establish statistical reports for the review of normative documents, follow-up reviews, accountability, etc., and incorporate the review process into administrative law enforcement accountability.
Regulation 18, normative document-making organs, in violation of the provisions of Articles 6, 7, 12 and 15 of this approach, are subject to a change in the Government's rule of law institutions; are criticized for delays; in serious circumstances, causing serious harm to the legitimate rights and interests of the administration, and recommendations should be made to the relevant administrative organs for administrative disposition by the competent and other persons directly responsible, and the relevant executive organs should be treated in accordance with the law.
Article 19 of the Government's rule of law, in violation of the provisions of this approach, does not perform the review functions of the case, be corrected by the Government of the current people or by the executive branch of the Government's rule of law, which is not later rectified and criticized. Serious consequences should be brought to the administrative disposal of the competent and other direct responsibilities by the relevant administrative organs.
Article 20 The notification of the establishment of a regulatory and normative documentation system issued by the Government of the People of the province on 28 September 1992 was also repealed.