Hubei Province, Provisions Of The Normative Documents For The Record Review

Original Language Title: 湖北省规范性文件备案审查规定

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(January 13, 2004 Standing Committee of the Hubei provincial people's Government to consider on January 29, 2004 No. 258, promulgated by the people's Government of Hubei Province as of May 1, 2004) first in order to safeguard the Socialist legal system, and strengthen the supervision and management of regulatory documents, in accordance with the Archivist filing of regulations and Ordinance, these rules are formulated.
    Normative documents referred to in the provisions of article refers to the provincial people's Governments and their subordinate departments at all levels in accordance with statutory authority and procedures, formulation, public release of generally binding, repeated application relates to rights and obligations of the administrative relative person of the administrative file.
    Governments at all levels and their departments in the province's internal work, personnel decisions, administrative decisions on specific matters, such as file these rules do not apply. Article regulatory documents shall not conflict with the laws, rules and regulations.
    Normative documents must not set administrative penalties, administrative licensing, administrative charges and administrative enforcement measures.
    People's Governments above the county level established to accomplish a specific task of the provisional institutions, departments under the people's Governments above the county level functions management offices, organs of government departments are not allowed with this body on behalf of the foreign publishing normative documents.
    Normative documents for the record review fourth work necessary, there must, any mistake will be corrected and graded management, from top to bottom through the principle.
    Article fifth reported bodies of normative document is normative documents, specifically in the filing work of institutions is the enacting body's legislative affairs agency or designated agencies.
    Sixth people's Governments above the county level shall perform regulatory documents for the record review function, strengthening organizational leadership of the normative documents for the record review.
    Specific legal work of the Government agencies above the county level are responsible for regulatory documents filing and review process.
    At all levels of Government for the record review of regulatory documents, we sent legal work of the Government agencies.
    Seventh article normative file since released of day up 15th within by following provides submitted record review: (a) provincial government belongs sector and city, and State, and straight tube city, and forest Government developed of normative file, reported provincial government record review; (ii) city, and State, and forest Government belongs sector and by's County Government developed of normative file, reported city, and State Government record review; (three) County Government belongs sector and by's Xiang (town) Government developed of normative file, reported County Government record review;
    (D) two or more joint development of normative documents, reported by the sponsor on the common level of Government for the record review (v) vertical management departments below the provincial regulatory documents, reported to the competent authorities at a higher level for the record review, with a copy to the Government at the same level on record. Article eighth submitted standard document recording review, official text shall be submitted for the record review and regulatory documents and drafting instructions, and follow the prescribed format bound, a duplicate.
    Conditions should be submitted electronic texts of normative documents.
    Drafting instructions should include: (a) the enactment of laws, (ii) according to the laws, rules, regulations and higher regulatory documents or evidence, and (iii) other explanatory materials.
    Nineth normative documents submitted for the record to review, in line with the provisions stipulated in article II and the sixth and seventh, and legal work of the Government institution to the record review registration does not meet the provisions of article II, returned the enacting body; the second article but does not meet the requirements of the sixth or seventh, suspended filing review for registration.
    Of recording review registration suspended, supplemented by a Government Office of Legislative Affairs notifies the enacting body to submit for the record review materials or to submit for the record review supplementary submission filing compliance review or to submit for the record review, registration review.
    All localities and departments reporting regulatory documents, Legislative Affairs Agency published monthly by the Government. Tenth State organs, citizens, legal persons or other organizations that normative documents and normative documents and superior laws, rules and regulations inconsistent or contradictory between that normative documents, the normative documents for the record can be responsible for the legal work of the Government bodies for the review of recommendations of the review.
    A legal working body of the Government according to the established procedures.
    11th article government legal work institutions on submitted record of normative file, on following matters for review: (a) whether violation legal, and regulations, and regulations, and superior normative file of provides; (ii) two a or two a above sector on same matters are has provides or provides inconsistent, whether should change or revoked party or both of provides; (three) normative file of provides whether appropriate; (four) whether meet statutory program and the documents standardized requirements. Legal work of 12th government body normative documents, you can take advice, investigate, establish authorities to explain the situation, and so on.
    Feel the need to seek in the review process related to the level of government sectors, lower levels of Government opinion, consulted the administrative authority shall reply within the stipulated period; that organs need to be developed further to provide relevant materials, or explain the circumstances, provisions of the enacting body shall submit the materials or information within the time limit.
    13th article normative file by review Hou found problem of, respectively by following provides processing: (a) normative file and legal, and regulations, and regulations, superior normative file phase conflict or provides not appropriate of, first by government legal work institutions proposed processing views, ordered normative file of developed organ or institutions itself revoked, and change or corrected; developed organ not itself revoked, and change or corrected of, by government legal work institutions drew attention to the this level Government be revoked, and change or ordered corrected.
    (B) two or more sectoral normative documents on the same subject are provided or inconsistent, coordinated by the Government Office of Legislative Affairs, coordinated agreement cannot be reached, processed by the legal work of the Government agencies, reported that the people's Governments at the corresponding level decisions.
    (C) developing standardization normative documents do not comply with the statutory procedures and documents required by the Government Office of Legislative Affairs put forward opinions, informed the development of organs to correct.
    Normative documents of the 14th article of the enacting body shall receive the treatment decisions or opinions in the 15th, and the results reported to the appropriate Government Office of Legislative Affairs.
    Normative documents should be examined in the 15th, there are special circumstances, not later than 30th.
    15th normative documents of the enacting body shall before the end of January of each year, the previous year, develop regulatory documents regulatory documents for the record review of the legal work of the Government agencies.
    Legal work of the Government institution shall, within the first quarter of each year, normative documents for the record review a summary of the previous year, report to the people's Governments at the corresponding level.
    Record review 16th confirmed legitimate regulatory documents, regularly by Government Legislative Affairs Agency published on the notice of the people's Governments at the corresponding level.
    17th not reported, or failing to submit regulatory documents for the record review, submitted to the Legislative Affairs Agency informed the development authority by the Government deadline; late still not submitted, submitted by the legal working body of the Government of the people's Government give notice of criticism, ordered to submit and pursue the administrative responsibility of principals and persons.
    The 18th article approved by the provincial government, the people's Governments above the county level may establish regulatory documents with the prior review system.
                                        The 19th article of the regulations come into force on May 1, 2004, May 18, 1990, the provincial government issued the circular on normative documents for filing notice of the repealed simultaneously.