Tangshan Major Administrative Acts Legality With The Prior Review Of The Executive Interim Provisions

Original Language Title: 唐山市行政机关重大行政行为合法性事前审查暂行规定

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(February 19, 2004 12th Executive meeting on February 27, 2004, the people's Government of Tangshan, Tangshan City people's Government [2004] 2nd announcement as of May 1, 2004) first in order to improve the administrative level administrative organs at various levels in the city, reducing illegal administrative activities, in accordance with the decision of the State Council on comprehensively promoting administration according to law, combined with the city's actual, these provisions are formulated.
    Second city, County (City) district people's Government and their departments in major administrative decision shall abide by these provisions.
    Third major review should adhere to the principles of legality and efficiency of the administrative act.
    Fourth major review of administrative acts by city and County (City) district people's Government legal agencies or departments of the Government legal agencies.
    Fifth major administrative behavior refers to administrative bodies (including laws and regulations authorized by the Organization) in accordance with the statutory powers and procedures in the administrative area for social or administrative interests of the relative influence of abstract administrative behavior and concrete administrative behavior.
    Following administrative behavior should for review: (a) developed normative file; (ii) adjustment city gas, and for drainage, and heating, and public traffic, utilities aspects of price; (three) adjustment social security, and pension, matters; (four) recovered state-owned land right, ruling land ownership disputes; (five) signed administrative contract; (six) forced demolition housing; (seven) made ordered discontinued closed, and revoked license or license, and larger amounts fine of administrative punishment;
    (H) the Executive sees the need for reviews of other administrative acts.
    Article sixth legal agencies make a significant review of administrative acts on behalf of the municipal government.
    In each County (City) Government legislative body is responsible for the counties (cities) and districts make a significant review of administrative acts on behalf of the Government.
    City, County (City) Government sector significant legal entity responsible for the review of administrative acts.
    Article seventh intending to formulate abstract administrative acts on behalf of the Government, the competent authorities shall submit a report to the Government which is attached the following documents: (a) the draft regulatory documents; (b) the drafting of normative documents basis; (c) the necessity and feasibility of plans to create a standard description and (iv) other relevant material.
    Involving public utilities price changes or affect other rights and obligations of citizens, shall provide a hearing record.
    Eighth article intending to make specific administrative acts on behalf of the Government, the competent authority shall submit to the level the Government legal organization reviews and attached the following documents: (a) decide the draft; (b) is proposed to be the legal basis for the specific administrative act; (c) in connection with the material. Nineth government legislative bodies should be Government-led instruction completed within 7 working days from the date of review of abstract administrative behavior; receiving authorities drew attention to the review of specific administrative act within 5 working days from the date of review.
    Special circumstances necessary to extend the time limit, shall be submitted to the approval of the competent leadership of the legal work of the Government.
    Tenth government legal agencies mainly reviewed the following: (a) the abstract administrative acts legality, necessity and feasibility of the plans to create a specification, (ii) specific administrative acts decides the content, the legality of the program.
    11th government agencies had completed its review of the legal system, in accordance with the following procedures: (a) belonging to the abstract administrative action, write a review, approval of this level of Government, (ii) belongs to a specific administrative act, provided a written submission, turning the original Department.
    12th of municipal or County (City) departments of major Government review of administrative acts refer to the seventh, eighth and Nineth and tenth and 11th provisions.
    More than two great administrative act jointly, along functional lines divided by its own rule of law institutions, to review and, if necessary, by government legal agencies organize relevant departments to jointly review. 13th great administrative acts on behalf of the Government without the Government legal organization reviews or review by, government leaders not to issue execution; great administrative acts adopted on behalf of the Department of rule of law institutions in this sector review or review by, Department heads not to issue execution.
    Normative documents by legal institutions have been approved and issued by the leadership of the Government shall be published in the Government Gazette; not founded bulletin shall be published in other forms.
    14th where a violation of the provisions of a major administrative acts, causing serious consequences or adverse effects, should be given administrative authority mainly responsible for the administrative or the commands of the corresponding measures.
    15th of township (town) people's Government made a major review of administrative acts on behalf, procedures prescribed by the people's Governments at the county level.
                                                                                                            16th article of the regulations come into force on May 1, 2004.