Key Benefits:
(Adopted by the 26th ordinary meeting of the Government of the Shanghai Municipalities on 22 December 2003 No. 18 of 28 December 2003) Chapter I General Article 1 In order to regulate the development and documentation of the city's administrative normative documents, to strengthen oversight of administrative normative documents, to preserve the unity of the socialist rule, to promote the adoption of this provision in accordance with the laws, regulations, regulations and regulations, such as the People's Congress of the People's Representatives at the local level of the People's Republic of China and the Regulations Reserves. Article 2 (Definition) The administrative normative document referred to in this provision (hereinafter referred to as normative documents) means, in addition to the regulations of the Government, documents that are generally binding on citizens, legal persons or other organizations established by the executive organs of this city in accordance with the statutory mandate. Article 3 This provision applies to the development, documentation and the management of normative documents in the city. Article IV This provision is not applicable to the internal system of work of the executive branch, the decision on the exemption of personnel and the administrative decisions on specific matters. The request for normative documents developed by the Government of the city is implemented in accordance with the relevant provisions of the State. Article 5 (Principles) The development and documentation of normative documents should be guided by the following principles: (i) Maintain the unity of the socialist rule; (ii) Conduct in accordance with the legislative authority and procedures; (iii) Guarantee the legitimate rights and interests of citizens, legal persons and other organizations; (iv) Reflecting the coherence of competence and responsibility; (v) Sustainability, integrity and integrity. Chapter II Article 6 The following administrative bodies may formulate normative documents: (i) The Government of the people of the city and the district (zone); (ii) The Government's work; (iii) The government of the urban population, which is mandated by law, regulations and regulations, is represented by institutions; (iv) People's Government in the town. Article 7 The following bodies shall not establish normative documents: (i) Interim administration; (ii) The internal structure of the executive branch; (iii) Execution of a subordinate body in the work sector of the Government of the municipality; (iv) The Government of the People's Government; (v) An organization that administers the administration in accordance with legislative, regulatory and regulatory mandates, with the exception of laws, regulations or regulations. Article 8 The name of the normative document generally refers to “the provision”, “The approach”, “rules”, “decisions”, “please”. In order to implement the legal, regulatory, regulatory and normative documents of the superior administrative organs, the name of which is the phrase “implementation”. Normative documents are generally formulated in the form of provisions. In addition to complexity. Generally, without distinction. Article 9 Nor shall normative documents create the following: (i) Administrative licence matters; (ii) Administrative penalties; (iii) Administrative coercive measures; (iv) Administrative charges; (v) Other matters to be regulated by law, regulations, regulations or superior administrative bodies. Nor may the obligation of citizens, legal persons or other organizations be limited to the rights of citizens, legal persons or other organizations, as specified in the laws, regulations and regulations. Article 10 (Organizational drafting) Normative documents were prepared by the executive body. In the drafting of normative documents by the commune and district (zone) people's government organizations, it may be determined that they are specifically responsible for drafting or organizing drafting by their rule of law institutions. The content of normative documents relates to two or more sectoral mandates, which should be co-drafted by two or more sectors; joint drafting should take place in one sector and in collaboration with other sectors. Other executive bodies have developed normative documents that are implemented in accordance with the provisions of paragraphs 2, 3 and 3. Article 11 The drafting of normative documents should conduct a study on the need and feasibility of the development of normative documents and conduct studies on issues to be addressed in normative documents, the main systems to be established or the main measures to be set. Article 12 (Option of views) The drafting of normative documents should hear the views of the relevant organs, organizations and managers of the relative or expert. The drafting sector heard opinions that they could be consulted in writing or in the form of colloquiums, symposia, hearings, etc., as well as to the normative document-making bodies (hereinafter referred to as the designating body). Article 13 Civil, legal or other organizations have made observations and recommendations on the content of the draft normative document, which should be addressed by the drafting sector and set out in the drafting note. Relevant bodies have made important differences with regard to the content of the draft normative documents, which should be coordinated by the drafting sector; coordination is incomplete and are invited to coordinate or adjudicate at the level of executive organs. Coordination and treatment of important disagreements should be set out in the drafting note. Article 14. The following materials should be made available to the Government of the people of the city or area (the district) to issue normative documents: (i) Request for review; (ii) Draft normative document; (iii) Drafting notes on normative documents; (iv) Legal, regulatory, and national policies based on the drafting of normative documents, as well as orders, decisions of superior administrative bodies (hereinafter referred to as the basis for the formulation of the following); (v) Relevant material for consultation; (vi) Other relevant information. The issuance of normative documents by other administrative bodies requires the drafting sector to provide relevant material, taking into account the provisions of the preceding paragraph. Article 15 The rule of law organs of the organ are responsible for the legal review of the material requested. The legal review shall include the following: (i) Whether there is a need and feasibility for development; (ii) Does not go beyond the establishment of the legislative authority; (iii) Whether the content is incompatible with laws, regulations, regulations and national policies; (iv) specify whether appropriate; (v) Whether there is coordination and interface with relevant normative documents; (vi) Whether the views of the relevant organs, organizations and managers are sought; (vii) Whether coordination of views on major differences is coordinated; (viii) Other needs to be reviewed. Article 16 A draft normative document for the approval of the report could be revised, coordinated by the rule of law institutions of the organs; coordination of important disagreements was not possible and the decision of the organ was requested. The draft normative document is one of the following cases, where the organ or its rule of law institutions may return it to the drafting sector or require the drafting sector to revise and reproduce the request for review: (i) Incompatible with the provisions of article 14, article 15; (ii) The basic conditions established are not ripe; (iii) The content of the draft was more controversial and justified by the relevant organs. Article 17 (Application) The draft normative document was reviewed by the rule of law institutions of the enacting body, in accordance with article 14, article 15 of the present article, and was submitted by the rule of law bodies to draw up proposals for the consideration of the Conference. Normative documents developed by the People's Government of the District (Parliament) should be considered by the Standing Committee of the People's Government of the Region (Parea). Normative documents developed by the Ministry of Work of the People's Government, the Government of the Municipalities and the communes' Government should be considered by the development of the executive office. Article 18 The publication of normative documents should be signed by the principal holder of the design body and the use of specialized denominations in the context of the normative document. Article 19 Normative documents should be made available to society by the designating body. Unpublished societies cannot be used as a basis for the administration. Normative documents should be made available on the designated government website of the organ. The normative documents of the Government of the city and the people of the district (zone) should be published in the same Government communiqué. In addition to the publication of the Government website, the Government's bulletins, the development organs may also publish normative documents through newspapers, magazines, radio, television. Article 20 The public has the right to access the published normative documents. The City and District (Parliament) Archives are places designated by the same-ranking people to access normative documents. The municipal archives should provide normative documents issued by the Government of the city and the Government's work sector for public access. The Archives of the District (Parea) should provide normative documents issued by the People's Government, the District (Parea) People's Government and the commune government for public access. In addition to the Governments of the urban and district (the district), the establishment of organs should provide normative documents issued by this organ for public access. Article 21 Normative documents should be carried out after 30 days of the date of publication, except for legal, regulatory, regulatory and national policy implementation because of the need to guarantee national security, the major public interest or the fact that they are not immediately followed up. Article 2 (Option of time) The content of normative documents is at the stage of work, and the design body should set the end of normative documents in the normative documents. Article 23 As a result of major disaster events, security of national security, public safety and major public interest, implementation of urgent orders and decisions of superior administrative bodies requires the immediate development of normative documents, with the approval of the main heads of the design bodies, which may simplify the process. Article 24 The right to interpret normative documents is exercised by the designating body. Article 25 The establishment of organs should conduct regular clearance of normative documents. The organs should revise or repeal the published normative documents in accordance with the changes in laws, regulations, regulations and national policies and the actual situation. The organs should compile, on a regular basis, normative documents published and cleared by this organ. Submitted by normative documents Article 26 The State's rule of law institutions are specifically responsible for the review of normative documents in this administrative region. Article 27 The development body shall submit a request to the superior administrative body (hereinafter referred to as the supervisory body) within 30 days of the publication of normative documents, in accordance with the following provisions: (i) The Government of the People's Government, the Ministry of the People's Affairs of the Municipalities and the National People's Government dispatched normative documents to be submitted to the Government of the city; (ii) The commune of the town's people's Government, the area of normative documents developed by the People's Government (Parliament). Two or more administrative bodies have jointly issued normative documents, which are submitted by the host executive organ to the executive branch at the level of the executive branch in accordance with the preceding paragraph; the design of organs is not subordinate to the same administrative body and are submitted in accordance with the preceding paragraph. Article 28 The Government's work sector and the communes' government dispatched normative documents to be sent to the communes' government backsup and should be accompanied by the municipal archives. The People's Government's Department of Work will send the normative document to the People's Government (Parliament) and should be accompanied by the relevant executive authorities of the Government of the city and the district (zone) archives. When the commune government transmits normative documents to the communes (at the district) and the communes (at the district) archives in the region. Article 29 Normative documents sent to the Government of the People's Republic (Parliament) are sent directly to the State's rule of law institutions in the city or in the district. The following materials should be submitted when the normative document is sent: (i) One report on the normative documentation reserve; (ii) Five formal versions of normative documents (one attached to electronic texts); (iii) A drafting note on normative documents, which is based on one. Article 33 (Required registration) The submission of normative documents is in compliance with articles 2, 27 and 29 of the present provision, which are registered by the rule of law institutions of the Prosecution Authority; it is not in accordance with the provisions of the law of the competent monitoring body to return or inform supplementary material. Article 31 The competent oversight body shall review the following matters of the normative document of the submission: (i) Whether the establishment of the organ has the corresponding legislative authority; (ii) Are incompatible with the laws, regulations, regulations and national policies; (iii) specify whether appropriate. Article 32 (Conference of violations or inappropriate normative documents) The competent oversight body found that the normative document of the filing of a report went beyond the authority of the executive branch, incompatible with the law, regulations, regulations and national policies, or was not fair and addressed in accordance with the following provisions: (i) A written opinion requested by the competent body of the rule of law of the statutory body of the competent review body to formulate a written opinion by the competent authority to withdraw or reproduce itself; (ii) Continue to implement decisions that may result in serious consequences and should be taken by the competent oversight body in a timely manner, prior to the change of authority. Article 33 (Support period of review) The rule of law organs of the statutory oversight body shall notify the competent organ of the review of normative documents within 30 days of the receipt of the submission of the submissions; the competent organ of the statutory body of the competent body of the registrar shall agree that the period of review may be extended to a maximum of 30 days. The extension of the period of review should be informed of the establishment of the body. In the view of the existence of normative documents and the issuance of written review opinions to the development body, the written review shall be accompanied by the executive branch of the executive branch of the development body or the Government of the people in the region under the authority. Article 34 (Conference of recommendations) A written proposal by civil, legal or other organizations for normative documents should be verified by the competent monitoring body. Of these, normative documents may be problematic, and the supervisory body should be dealt with in accordance with articles 31 and 32 of this provision. The written proposals made by the organs by citizens, legal persons or other organizations for normative documents should be verified. Of these, normative documents are problematic and the design organs should be reformulated or withdrawn. Article 35 (Implementation of decisions or review of views) The organs should be self-corrected within 30 days of receipt of the decisions or observations of the competent oversight bodies and their rule of law bodies, or within the time limit, and report on the results in writing. Article XVI (Chiding and Summary) The supervisory body should publish a directory of the normative documents after review. The organs should send the directory of normative documents developed by this organ prior to the end of January each year to the supervisory body. Chapter IV Oversight of the development of organs and the review body Article 37 (Regulation of organs) In the event of a failure by the organ to send the normative document to a record or to reproduce it, the rule of law of the competent monitoring body informs the development of the institution's time frame; and in the event of a serious nature, it is criticized by the competent oversight body. The question of the existence of normative documents was not corrected, the delay of correction was criticized by the competent oversight body; the serious circumstances, the adverse consequences were caused by the authorities concerned and the administrative disposition of the competent and other direct responsibilities directly responsible for the development of organs was given by law. Article 338 (Regional oversight of the residual oversight body) The supervisory body has received no review of the normative document or no corrective action on the issues identified in the review, which is modified or criticized by its superior administrative organs; in the event of serious, negative consequences, the executive disposition of the competent and other direct responsibilities of the department directly responsible is provided by law. Chapter V Article 39 The normative documents developed and still valid before the implementation of this provision are cleared by the designating body. The organs should send the clean-up list of normative documents to the supervisory body within six months from the date of implementation of the present provision and make the revised normative documents available to society. Article 40 The formulation and documentation of normative documents of authorized organizations referred to in article 7, subparagraph (e), of the present article shall be implemented in the light of the provisions. The executive body has revised, repealed normative documents, taking into account the provisions. Article 40 The specific application of this provision is explained by the Government's Office of the Rule of Law. Article 42 This provision has been implemented effective 1 May 2004. The procedures for the development of normative documents for the administration of the Shanghai City, issued by the Government of the people on 9 October 2002, were also repealed. |
