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Jinan Normative Document Management

Original Language Title: 济南市规范性文件管理规定

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(Adopted at the 16th ordinary meeting of the Government of the Overseas Territories, held on 23 August 2004 (Act No. 216 of 14 September 2004 by the Order of the Government of the Federated States of the Overseas Territories, dated 1 November 2004)

Chapter I General
Article 1, in order to enhance the management of normative documents of the executive organs, to promote the administration of the law, to preserve the unity of national rule of law, to develop this provision in the light of the relevant laws, regulations and regulations, such as the People's Congress and the People's Government Act at the local level of the People's Republic of China.
Article 2 refers to normative documents established by the Government and its departments within the mandate of the law, regulating administrative matters, which are generally binding on citizens, legal persons and other organizations.
Normative documents are divided into governmental normative and sectoral normative documents.
The name of normative documents generally refers to “the provision”, “the approach”, “decision”, “rule”, “Rules”, “rules”, notices”, opinion”.
Article 3. This provision applies to the development and documentation of normative documents in the city, the district (market) and its sectors (hereinafter referred to as the executive body).
Article IV states that “Governmental sector” includes the composition of the municipal, district (market) government, the office agency, the immediate agency, the ad hoc body, the dispatch agency and other institutions that have administrative functions under the law.
Interim institutions, sectoral institutions are not allowed to issue normative documents on behalf of this body.
Article 5 governs the development of normative documents by the executive organs and should reflect the spirit of reform, in line with the principles of simplification, harmonization and effectiveness, scientific norms of administration, and promote the transformation of government functions to economic regulation, market regulation, social management and public services.
Article 6. Normative documents of the executive organs must be in compliance with the following requirements:
(i) Be consistent with laws, regulations, regulations and national policies;
(ii) The statutory terms of reference of the organs;
(iii) The functions and responsibilities of the executive organs;
(iv) Guarantee the legitimate rights and interests of citizens, legal persons and other organizations.
Article 7.
(i) Administrative licence matters;
(ii) Administrative penalties;
(iii) Administrative expenses;
(iv) Other matters that should be regulated by law, regulations, regulations and superior administrative bodies.
In order to implement the laws, regulations, regulations, specific provisions in the normative documents, the executive branch may not add the obligations of citizens, legal persons or other organizations and limit the rights of citizens, legal persons or other organizations.
Chapter II Drafting and review
Article 8
Normative documents relate to the responsibilities of other departments of the current Government or in close collaboration with other sectors, the drafting sector should seek the views of other departments or work together with other departments.
Article 9
Article 10. When the sectoral legal documents are delivered, the following materials should be submitted to the principal governmental rule of law bodies:
(i) Communications to be delivered;
(ii) Three draft normative documents;
(iii) A description of the drafting of normative documents;
(iv) The laws, regulations, regulations, national policies, orders and decisions of superior administrative bodies and other relevant information on the basis of the drafting of normative documents;
(v) Relevant information sought.
Article 11. The Government considers it necessary to develop normative documents in the name of the Government and should be invited to the Government's consent.
The Government's normative documents drafted by sectoral organizations should be revised by the sectoral body responsible for the rule of law, with the leadership of the sector leading the collective discussions adopted and with the main leadership of the sector, to form the draft referral to the Government and to review by the Government's rule of law institutions.
When the sector is sent to the governmental normative document drafted by the organization, the Government's rule of law bodies should be submitted to the Government for the purpose of agreeing to the preparation of the documents and the materials provided for in articles 10 (ii) to (v) of this provision.
Article 12 Government rule of law institutions should review the content of the normative documents sent in compliance with the provisions of Articles 5, 6, 7 and 7 of this provision.
Article 13 provides one of the normative documents reviewed, and the Government's rule of law institutions should provide additional changes or suspensions of views, back to the drafting sector:
(i) The basic conditions for the development of this normative document are not ripe;
(ii) Excluding the statutory terms of reference of the institution;
(iii) The main elements of the document are contrary to the laws, regulations, national policies and orders and decisions of the superior administrative organs;
(iv) There was no consultation with the relevant views and no coordination with the relevant departments with respect to significant differences.
Article 14. Government rule of law institutions may modify and harmonize the draft normative documents reviewed. The Government's rule of law institutions can be consulted through the holding of colloquiums, symposia, etc. on key issues covered in the draft.
Article 15 Government rule of law institutions should be reviewed within 10 working days from the date of receipt and, as a matter of urgency, should be reviewed.
The normative documents that are more controversial, complex or related to other important issues need to be further developed, cannot be reviewed within the previous period and, with the approval of the heads of the rule of law, may extend ten working days and communicate the reasons for the extension to the trial sector.
The review by the Government's rule of law bodies of the Government's normative documents should be made available to the Executive Office of the Government (rooms), which are governed by the procedures.
After a review of the legitimacy of sectoral normative documents by the Government's rule of law bodies, it should inform the departments that have developed normative documents in writing of views.
The sector should complement and amend the review observations made by the Government's rule of law bodies, and should provide a written justification for the Government's rule of law bodies within 10 days of the receipt of the review.
Chapter III Decisions and publication
The provisions of Article 17 of the Government's normative documents relate to the interests of citizens, legal persons and other organizations, or the significant impact on society, and should be considered by the Government's standing or office meetings. The general document is determined in accordance with the procedure set out in article 18, paragraph 1.
Sectoral normative documents should be considered by sectoral office meetings.
Article 18 Produces the normative documents of the Government and shall be signed by the heads of the rule of law of the Government, the Secretary-General of the Government (Chief of Staff), the Government's division of authority, and the Government's principal head.
The publication of sectoral normative documents should be issued by the principal heads of the sector.
Article 19 Normative documents should be made public by the designating body to society. Unpublished societies cannot be used as a basis for the administration.
Normative documents in the municipalities and their sectors should be made available on the municipal government communiqué and on the Government's public information online, and important normative documents should also be made available in the public published newspapers in the present administration region; normative documents in the district (market) government and its sectors should be made available on the Internet.
In addition to the publication in the form of the previous paragraph, the establishment of organs may also publish normative documents in the form of bulletins, sectoral websites, magazines, radio and television.
Article 20 should be implemented after 30 days of the date of publication, but as a result of the need for a major public interest or the impossibility of immediate application of normative documents, it may be carried out from the date of publication.
Article 21 violates the normative documents established under this provision. The Government's rule of law bodies may bring the document to the attention of the Government and make public announcements of the document.
In violation of this provision, the existence of normative documents is a grave situation, with serious adverse consequences and negative impacts, and the Government's rule of law institutions may recommend that the executive responsibility of the principal and direct responsibilities be held by the Government or the inspectorate in accordance with the law.
Annex IV
Article 23 (Leal) normative documents developed by district governments should be sent within 20 days of the official publication of the following materials to the municipal authorities (to the Government's rule of law institutions):
(i) Reports;
(ii) Three formal paper versions of normative documents (conclusive electronic text);
(iii) A description of normative documents;
(iv) The enactment of laws, regulations, regulations, national policies, orders and decisions of superior administrative bodies and other relevant information.
Article 24 normative documents developed by the Government shall be sent within 20 days of the official publication of the report and the official paper text of the normative document (with the electronic text) to the Government reserve case (to the Government's rule of law).
Article 25 provides for the submission of normative documents in accordance with article 23, article 24 of the present article, the registration of cases by the Government's rule of law bodies, and does not comply with the provisions of the notification to the development body for the submission of the additional reports in compliance with the provisions.
The certified normative documents are regularly published by the Government's rule of law bodies.
Article 26 Government rule of law institutions should verify the sectoral normative documents of the submission and review legitimacy of the normative documents of the lower-level Government.
The sectoral normative documents that have been found in the nuclear examination are inconsistent with the Government's rule of law bodies, or the normative content of government documents developed by the lower-level government is not in accordance with the provisions of Articles 5, 6 and 7 of the present article, and the Government's rule of law bodies may recommend that the body be developed to modify, withdraw or make decisions to deal with the reporting period.
The organs shall be required to report to the Government's rule of law bodies within 20 days of the date of receipt of the prior provision.
The normative documents issued by the twenty-seventh organ are not submitted in accordance with this provision or are not subject to a review of the status of views, which is communicated by the rule of law body of the receiving Government to the development of the institution's time frame; and are not reformulated, the Government recommends that the Government give a briefing to criticism and that it be held accountable for the administrative responsibility of its principal and direct responsibilities.
Chapter V
Article 28 should be regularly cleared by the executive branch of normative documents and identify inconsistencies with legal, legislative, regulatory and national policy guidelines and should be amended or repealed in a timely manner.
The executive branch modifys and repeals normative documents, taking into account the provisions.
Article 29 The review of normative documentation in the city of Francis, issued on 12 July 2002, was also repealed.