Shanghai Administrative Normative Documents And Filing Requirements

Original Language Title: 上海市行政规范性文件制定和备案规定

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(December 22, 2003, Shanghai Municipal People's Government at the 26th Executive meeting on December 28, 2003, Shanghai Municipal People's Government released 18th) Chapter I General provisions article I (purpose and basis) in order to regulate the administrative normative documents developed in the city, and for the record, strengthen the supervision over administrative normative documents, maintaining the unity of the Socialist legal system, promoting administration according to law, in accordance with the People's Republic of China of the organic law of the local people's congresses and local people's Governments at various levels and the
    Rulemaking procedures Ordinance and the Archivist filing of regulations and regulations and other laws and regulations, this provision is enacted.
    Article II (definitions) administrative normative documents referred to in these provisions (hereinafter referred to as normative document) refers to government regulations, the municipal administrative organs at various levels in accordance with the statutory terms of reference developed by the citizens, legal persons or other organizations with General binding force, files can be applied repeatedly.
    Article III (scope of application), normative documents, the development, registration, supervision and management, these provisions shall apply.
    Fourth (excluding applicable) the internal work, personnel appointment and removal of the executive decisions and administrative decisions on specific matters, this provision shall not apply.
    Regulatory documents established by the municipal people's Government for the record, according to relevant regulations of the State.
    Fifth (principles) and introduction of normative documents for the record, it should be guided by the following principles: (a) safeguard the Socialist legal system, (ii) in accordance with the statutory powers and procedures; (c) for the protection of the legitimate rights and interests of citizens, legal persons and other organizations, (d) reflect consistency in terms of reference and responsibilities; (e) adhere to the essential, there is a prepared instance and the mistakes must be corrected.
    Chapter II establishment of normative documents sixth (principal) the following authorities to develop normative documents: (a) the municipal, district (County) Government, (ii) municipal, district (County) Government departments; (iii) according to the law, rules and regulations authorized by the administrative agency of the municipal government, (iv) the Township people's Governments.
    Seventh article (developed subject of limit) following institutions shall not developed normative file: (a) temporary administrative institutions; (ii) administrative organ of features institutions; (three) implemented vertical of city government work sector of subordinates institutions; (four) District (County) Government of sent institutions; (five) according to legal, and regulations, and regulations of authorized for Administration of organization, but legal, and regulations or regulations another has provides of except. Eighth (name and style) name of the normative documents, generally called "rules", "way", "rule", "decisions" and "notices".
    Where the content for the implementation of laws, regulations and rules and the higher administrative authorities of normative documents, which names former General known as "implementing" two words. Normative document provisions for general form. In addition to content outside the complex.
    Are generally not divided into chapters and sections.
    Nineth (not set) normative documents may not be set to the following: (a) administrative licensing items; (b) matters of administrative penalties; (c) the compulsory administrative measures and (d) matters of administrative fees, (v) shall be determined by law, regulations, regulatory matters or to a superior administrative authority.
    Normative documents on the implementation of specific provisions of the laws, regulations and rules, no additional obligations of citizens, legal persons or other organizations shall not restrict the rights of citizens, legal persons or other organizations.
    Tenth (drafting) normative document drafted by the Executive.
    Municipal, district (County) Government organizations when drafting normative documents, can be determined by one or several of its departments responsible for drafting, also drafted by its legal bodies or organizations can be identified.
    Normative documents covering two or more sector terms of reference should be drafted jointly by two or more departments; jointly drafted, should be dominated by a Department and other departments.
    Other Executive organizations to draft normative documents, reference to the second and third paragraphs of this article shall apply.
    11th (investigation and drafting) draft normative documents, should study the feasibility and necessity of development of normative documents and normative documents to solve problems, to be established by the main system or the main measures to be provided for research demonstration.
    12th (comments) draft normative documents, drafting departments shall listen to the relevant organs, organizations and management or expert opinion.
    Drafting Department hearings, written comments could be taken or held public forums, feasibility study meeting, hearing and other forms, and normative documents (hereinafter referred to as the enacting body) description hear and adopt the views of.
    13th (and coordination) of citizens, legal persons or other organizations to comment on the draft regulatory documents and recommendations, drafting departments should be studied, and stated in the drafting instructions.
    Relevant contents presented significant differences of views on the draft normative documents, drafting Department coordination coordination fails, the coordination of report to the higher administrative authority or ruling.
    Coordination and handling of major differences of opinion, should be stated in the drafting instructions.
    14th article (reported to the audit of material) reported to the city or district (County) Government released normative file, should provides following material: (a) reported to the audit of asked; (ii) normative file draft; (three) normative file of drafting 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 (following referred to developed according to); (five) sought views of about material; (six) other about information.
    Other publishing normative documents need to be drawn up of the executive departments to provide information material, reference to the provisions of the preceding paragraph.
    15th (legal review) the enacting body's legal bodies responsible for legal review comments on the approval of the audit materials.
    Legal audit views should including following content: (a) whether has developed of need and feasibility; (ii) whether beyond developed organ statutory terms; (three) content whether and legal, and regulations, and regulations and national policy phase conflict; (four) specific provides whether appropriate; (five) whether and related of normative file coordination, and convergence; (six) whether sought related organ, and organization and management relative people of views; (seven) whether on major differences views for coordination; (eight) other need audit of content.
    16th (auditing) submitted to the examination of the draft regulatory documents, development of legal entity can be modified, coordinated; major differences of opinion coordination fails, the approval of the enacting body to decide.
    Normative file draft has following case one of of, developed organ or its legal institutions can will its returned drafting sector, or requirements drafting sector modified, and added material Hou again reported to the audit: (a) not meet this provides 14th article, and 15th article provides of; (ii) developed of basic conditions is not mature of; (three) about organ on draft of content has larger dispute and reason more full of.
    17th (approved) draft normative documents examined by the legal organization of the enacting body, in line with the provisions of this article 14th, 15th, and developed by the legal bodies to draw attention to the relevant recommendations for consideration by the Conference. The district (County) of regulatory documents developed by the people's Governments shall be subject to the district (County) consideration by the Standing Committee decision.
    Municipal, district (County) Government departments, municipal agencies and township people's Governments in developing normative documents, decision shall be subject to consideration by the Development Office.
    18th (publishing) publishing normative documents shall be signed by the enacting body in charge of, and use special normative documents of document subject Dick in the official generic term. 19th (published) regulatory documents shall be determined by the enacting body to the public.
    Was not announced to the public, not as the basis for Administration.
    Regulatory documents shall be specified by the enacting body posted on a Government Web site.
    Municipal and district (County) Government regulatory documents shall be published in the Official Gazette at the same level.
    Apart from the website, published on the Official Gazette of the Government, to develop organs but also by newspapers, magazines, radio, television and other forms of publishing normative documents.
    20th (public place) right to public access to normative documents have been published. Municipal, district (County) archive is a place where people's Government at the specified check out normative documents. Municipal archives should provide municipal people's Government and normative documents issued by the municipal people's Government Department, is available for public inspection.
    The district (County) of archives should be provided in this area (County) Government, district (County) of normative documents issued by the people's Government departments and township Governments, and is available for public inspection.
    In addition to municipal, district (County) people outside, the enacting body shall be available in the Office areas of the normative documents issued by the authorities, is available for public inspection.
    21st (timing) regulatory documents shall be implemented since the release date of 30th, but due to the need to protect national security and vital public interests, or release immediately after the execution could affect laws, rules, regulations and except for the implementation of the national policy.
    22nd (ending time) normative document provisions set out the stages of work, developing organs should be provided in the normative documents regulatory documents the end of time.
    23rd (simplified procedures) because of a major disaster, to protect national security, public security and vital public interests, implementation of higher administrative authority of emergency orders and decisions, and so on, require immediate development of normative documents, approved by the enacting body primarily responsible to simplify procedures. 24th (regulatory documents explain) interpretation of normative documents, exercised by the enacting body.

    25th (cleaning and compiling) the enacting body shall periodically clean the normative documents.
    The enacting body shall, in accordance with laws, rules, regulations and national policies, as well as the facts change, to amend or abolish the published normative documents.
    The enacting body shall regularly compile normative documents of the authorities have released and cleared.
    Chapter III of normative documents record 26th article (filing review bodies) the municipal, district (County) Government institutions responsible for the administration of the legal system of normative documents for the record review.
    27th article (reported prepared way) developed organ should since normative file released of day up 30th within, in accordance with following provides up level administrative organ (following collectively record supervision organ) submitted record: (a) District (County) Government, and city government work sector and City Government sent institutions developed of normative file reported city government record; (ii) Township government, and district (County) Government work sector developed of normative file reported district (County) Government record.
    Two or more administrative bodies jointly issued by the normative documents, organized by administrative organs in accordance with the provisions of the preceding paragraph to submit common administrative organ at a higher level for the record; the enacting body is not affiliated with the same agency, by the enacting body in accordance with the provisions of the preceding paragraph, respectively for the record.
    28th (CC) municipal people's Government departments and municipal agencies will be normative documents when submitted to the municipal people's Government for the record, it should be copied to municipal archives.
    The district (County) Government departments regulatory documents submitted to the district (County) when people's Government for the record, it should be copied to municipal departments of business administration, as well as the district (County) in the archives.
    Township people's Government documents submitted to the district (County) when people's Government for the record, should be copied area of district (County) archives.
    29th (submitted materials) submitted to the municipal or district (County) Government filed regulatory documents, directly, or district (County) Government legal agencies.
    Normative documents when submitted for the record, the following documents shall be submitted: (a) the normative documents for filing reports 1; (b) the official 5 copies of the normative documents (with electronic text 1); (c) the drafting of normative documents note, developed according to the 1.
    30th (filing acceptance of registration) submitted to the normative documents in accordance with the provisions of the second, 27th and 29th article, for the legal registration of the oversight bodies; do not meet requirements, filing notice in rule of law institutions returned or supervisory authority supplemental materials.
    31st (review) filing the regulatory documents of the supervisory authority should be submitted for the record review of the following: (a) developing organ has a corresponding legal authority, (ii) conflict with the laws, rules, regulations and national policies and (iii) specific provisions is appropriate. 32nd article (on illegal or improper normative file of processing) record supervision organ found submitted record of normative file beyond administrative organ terms, with legal, and regulations, and regulations and national policy phase conflict, or explicit lost just of, according to following provides respectively be processing: (a) by record supervision organ legal institutions proposed requirements developed organ itself revoked or corrected of written views; developed organ refused to corrected of, by record supervision organ legal institutions reported to the record supervision organ decided revoked or change, necessary Shi,
    Record supervisory authority to revoke or change it directly; (b) the proceeding may have serious consequences, before the enacting body to correct, for the supervisory authority shall promptly to suspend implementation of the normative document part or all of the contents of the decision. 33rd (recording review time) filing the legal organization of supervisory authority should be since the date of receiving the reporting materials in the 30th, normative documents will be reviewed by written notice to the enacting body; for more professional or special circumstances, after filing the legal organization of supervisory authority in charge agreed to extend the review period, extended by a period of no longer than 30th.
    Extension of the review period, it shall notify the enacting body.
    Record supervisory organs considered problems of normative documents and comments in writing to the enacting body, written comments should be copied to the enacting body's superior business administrative department or the people's Government of the enacting body areas. 34th (on the proposal) record supervisory authorities receiving citizens, legal persons or other organizations written recommendations for regulatory documents should be verified.
    Among them, the normative documentation there may be a problem, for the supervisory authority should be dealt with according to the provisions of article 31st, 32nd. The enacting body receiving citizens, legal persons or other organizations written recommendations for regulatory documents should be verified.
    Among them, the normative document there is a problem, the enacting body shall itself or even cancel.
    35th (implementation of decision or review opinion) the enacting body shall receive for the record of supervisory authority and its legal decision or opinion within 30th of or within their own correct and report the result in writing.
    Article 36th (list of published and total) record after record review, the supervisory authorities shall regularly announce the list of normative documents.
    The enacting body shall at the end of January each year, the previous annual list of normative documents submitted for the record set by supervisory authorities.
    Fourth chapter of the enacting body and record of supervisory authority oversight of 37th (the enacting body's supervision) the enacting body is not in compliance with the normative documents submitted for the record or copy, by filing the legal organization of supervisory authority informed the enacting body to correct within serious cases, supervised by the filing Department informed criticism.
    Problems refuses to correct existing normative documents, delay correction, by the filing oversight bodies criticized; serious, adverse consequences, directly by the relevant departments of the enacting body in charge of personnel and other persons directly responsible shall be given administrative sanctions.
    38th (to record the supervision of the supervisory authorities) filing normative documents before the supervisory authority does not review or the review found that the problem is not corrected, the higher administrative authority shall order within a time limit or be criticized; serious, adverse consequences, directly by the relevant departments of the responsible supervisors and other personnel directly responsible shall be given administrative sanctions. The fifth chapter by-laws article 39th (the handling of existing normative documents) in place before these provisions are implemented and are still effective and normative documents, by the enacting body to be cleaned.
    The development authority shall, within 6 months from the date of implementation of this provision, after clearing regulatory documents submitted for the record of supervisory authorities for the record, and after cleaning up the normative files to the public.
    40th (reference to) the article seventh part (e) referred to the laws, regulations or otherwise provided by the regulations authorize the Organization and introduction of normative documents for the record with reference to these provisions.
    Revised, repealed the executive authorities of normative documents, reference to these provisions.
    41st (interpretation), the specific application of these provisions by the municipal people's Government Affairs Office is responsible for the interpretation. 42nd (execution date) these regulations come into force on May 1, 2004.
                                        October 9, 2002 issued by the Municipal Government of Shanghai Municipal administrative organs of normative documents procedures abolished at the same time.

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