(August 23, 2004, Jinan City people's Government, the 16th Executive meeting on September 14, 2004, Jinan City people's Government promulgated as of November 1, 2004, No. 216) Chapter I General provisions article to strengthen the Executive and regulatory document management, promoting administration according to law, safeguarding national unity of legal system, according to the People's Republic of China local people's congresses and organic law of the local people's Governments at all levels and other relevant provisions of laws and regulations, combined with the practical,
These provisions are formulated.
Normative documents referred to in the provisions of article refers to the Government and its departments established within the statutory terms of reference, specification administration matters, to citizens, legal persons and other organizations generally binding files.
Regulatory documents are divided into normative documents and normative documents of departments of the Government.
Name of normative documents commonly known as "rules", "way", "decisions" and "rules" or "rules", "notice", "opinions".
Provisions of this article apply to the municipal or County (City) District Government and its departments (hereinafter referred to as administrative organs) the formulation of normative documents and filing work.
Fourth these provisions, the term "Government" includes cities, counties (cities) and districts directly under the Government's departments and agencies, institutions, ad hoc bodies, agencies and other institutions with administrative functions according to law.
Temporary agencies, departments within the Agency, and shall not be released on behalf of this body of normative documents.
Article fifth administrative organs of normative documents, should embody the spirit of reform, in line with the principle of simplification, uniformity and efficiency, scientific and normative administrative acts to promote government functions into economic regulation, market supervision, social management and public services.
Sixth administrative authorities of normative documents must comply with the following requirements: (a) consistent with the laws, rules, regulations and national policies, (ii) is the statutory remit of the enacting body, (iii) unity of executive powers and responsibilities and (iv) protect the legitimate rights and interests of citizens, legal persons and other organizations.
Seventh administrative organs shall not be set in the standard document the following: (a) the administrative licensing items; (b) matters of administrative penalties; (c) matters of administrative fees; (iv) shall be determined by law, regulations, regulatory matters and the higher administrative authority.
Administrative organ for the implementation of the laws, regulations and rules, specified in the normative documents, not new citizens, legal persons or other organizations, the obligations and restrictions on the rights of citizens, legal persons or other organizations.
Drafting and review of the eighth chapter Executive to draft normative documents, should study the necessity and feasibility for the formulation of the document, normative documents to solve problems, to be established by the main system or measures to be the main content such as full investigation proved, can take seminars, public hearings, feasibility study meeting, to forms of public consultation.
Regulatory documents related to other parts of the Government duties or work closely with other departments, drafting Department shall seek the views of other departments, or drawn up jointly with other departments.
Before Nineth Department regulatory documents published after examination as to the legitimacy of the Government legal agencies.
Tenth Article sector trial sector normative file Shi, should to this level government legal institutions submitted following material: (a) trial of letter; (ii) normative file draft 3 copies; (three) drafting normative file of description; (four) drafting normative file by according to of legal, and regulations, and regulations, and national policy, and superior administrative organ of command and decided and the other about information; (five) sought views of about material.
11th Government departments on behalf of the Government of the need to develop regulatory documents, should be submitted to the level of Government agrees.
Sector organizations to draft normative documents of the Government, should be examined by the Department in charge of legal affairs agency modified, adopted by the Department leading group discussions and after sector leader signature opinion, form approval draft report on the level of Government, legal review by the Government.
Department approval when drafting Government regulatory documents shall be submitted to the Government legal organization agreed to make the documents from the Government approvals and the provisions of article tenth (ii) to (v) provision of material.
12th government legislative bodies should be content to submit regulatory documents in accordance with the provisions of article fifth, sixth and seventh review of the provisions.
13th article submitted review of normative file has following case one of of, government legal institutions should proposed added modified or suspended developed of views, returned drafting sector: (a) developed the normative file of basic conditions is not mature of; (ii) beyond developed organ of statutory terms range of; (three) file main content against legal, and regulations, and regulations, and national policy and superior administrative organ of command and decided of; (four) no sought related views and not and about sector on major differences views for coordination of. 14th the Government legal organization can modify draft normative documents submitted to the review and coordination of existing differences of opinion.
The major issues involved in the draft, the Government legal organization can by holding forums, feasibility study meeting and other forms of research, listen to the views of the relevant units and individuals.
15th government legal agencies shall within 10 working days from the date of acceptance of this review has been completed, the urgency of the situation, should be immediately reviewed.
About controversial, complicated or deal with other important issues that need further investigation of regulatory documents, during the term of the preceding paragraph cannot be examined, approved by the heads of legal institutions, can be extended by 10 working days, and will extend their reasons for submitting departments.
16th government legal agencies to review government regulatory documents, shall write a review of the observations submitted to the Office of the Government of the same level (lounge), organized by the Office of the (room) procedures.
Legal institutions on sectoral normative documents on the legitimacy of the Government review, the review should be written notice to the development of normative documents by sector.
Departments shall, in accordance with government legal agencies proposed additions and modifications to the review, the review cannot be included, shall, upon receiving the review comments within 10th of reasons to the Government legal organization in writing. Chapter III decisions and provisions of the 17th government regulatory documents related to citizens, legal persons and other organizations of interest or have a significant impact on the community, shall be subject to consideration at its Executive meeting or Office of the Government decision.
General file program in accordance with the provisions of article 18th.
Consideration by the Office, the departmental regulatory documents shall be decided.
Article 18th government regulatory documents shall be signed by the governmental head of the Government legal opinions, Secretary General of the Government (Office) audits, government leaders signed, issued by the head of Government.
Issuing authority of normative documents shall be issued by the Chief of the Department. Article 19th regulatory documents shall be released by the enacting body to the public.
Was not announced to the public, not as the basis for Administration.
Municipal and Department's regulatory documents shall be in the city bulletin and published government information to the public online, important normative documents should also announced in this public offering within the administrative area of the newspaper; counties (cities) and districts and departments of government regulatory documents shall be posted at this level of Government information to the public.
Apart from the outside shall be published in the form of the preceding paragraph, making organs but also by the bulletin, Department websites, magazines, radio, television and other forms of publishing normative documents.
Article 20th regulatory documents shall be implemented since the release date of 30th, but due to major public interest requires or not implemented could affect regulatory documents to implement immediately after they were published, and can be implemented from the date of publication. 21st in violation of the provisions of the normative document is invalid.
Government legal agencies may request the Government to revoke the document, and notice in the public release of the file on the carrier.
22nd in violation of the provisions of normative documents, in serious serious adverse consequences and negative impacts, government legal agencies may suggest that this level of Government or the supervisory organs shall be subject to the administrative responsibilities of principals and persons.
Fourth chapter record 23rd article County (City) District Government developed of normative file, should in official released Hou 20th within will following material sent municipal government record (diameter sent government legal institutions): (a) record report; (ii) normative file of official paper business text 3 copies (attached electronic text); (three) developed normative file of description; (four) developed normative file by according to of legal, and regulations, and regulations, and national policy, and superior administrative organ of command and decided and the other about information.
24th Government departments to formulate normative documents, should be filed in the 20th after documents released reports and 3 copy of the official paper of the normative documents (with electronic text) sent to this level of Government for the record (size sent the Government legal organization).
25th article submitted to the normative documents for the record, in line with the provisions of this article 23rd, 24th, and government legal agencies to register; do not meet requirements, after informing the enacting body supplements submitted to meet the requirements, be recorded.
Registration of normative documents, published periodically by the Government legal organization directory.
26th government legislative bodies should be submitted to the records Department of normative documents for verification and review of subordinate normative documents on the legitimacy of the Government.
Upon review found the Department submitted for the record documents original review disagreed with government legal organization, or lower levels of Government to develop contents of government regulatory documents does not comply with the provisions of article fifth, sixth and seventh article, government legal agencies recommended the development agency to change, repeal or put forward opinions the Government decides. The enacting body shall, from the date of receipt of the comments in the preceding paragraph in the 20th, which will deal with government legal agencies.
Article 27th normative documents issued by the authorities was not submitted for the record in accordance with this, or does the record review comments, by accepting record Agency informed the development of the legal system of the Government organs to correct within; it fails to, suggest that the Government give notice of criticism, and hold their charge and direct responsibility for the administrative responsibilities.
Fifth chapter supplementary articles article 28th administrative bodies should regularly clean the normative documents, found with the laws, rules, regulations and national policies are inconsistent, should be modified or repealed.
Executive changes and abolition of normative documents, reference to these provisions. 29th article of the regulations come into force on November 1, 2004.
City, Jinan City, released on July 12, 2002 the normative documents for the record review procedures abolished at the same time.