Shanxi Province, Normative Documents And Filing Requirements

Original Language Title: 山西省规范性文件制定与备案规定

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(On December 5, 2003 Shanxi Province Government 14th times Executive Conference considered through on December 5, 2003 Shanxi Province Government makes 168th, announced) first article to promote law administrative, specification normative file of developed and record behavior, maintenance legal of unified and dignity, guarantees legal, and regulations, and regulations of right implementation, according to People's Republic of China place levels Congress and place levels government organization method and regulations regulations record Ordinance of about provides, developed this provides. Second article this provides by said normative file, is refers to levels Government and sent organ, and County above Government belongs work sector and legal, and regulations authorized of has management public affairs functions of organization, in statutory terms range within in accordance with statutory program developed, and released of for not specific of majority and specific matters, involved or effect citizens, and corporate or other organization right obligations, in this administrative or its management range within has general binding, can repeatedly applies of administrative measures, and decided, and
    Administrative norms on orders or directions.
    Article development of normative documents in the administrative area of the province, for the record, these provisions shall apply.
    Fourth developed regulatory documents shall be guided by the following principles: (a) comply with laws, rules, regulations and national policies, (ii) reflect the spirit of reform, scientific and normative administrative acts to promote transformation of government functions, (iii) meet the requirements of simplification, uniformity and efficiency; (d) the language is accurate, concise, in line with the document format for the State administration.
    Article fifth normative documents, shall, in accordance with the project plan, survey drafting, advice, compromise of differences, demonstrating the hearing, legal review, discussions, decisions, signing and promulgation procedures.
    Due to major disasters, protect public safety and the public interest, implementing higher administrative authority of emergency orders and decisions, and so on, require immediate development of normative documents, approved by the Executive Heads of the enacting body, can simplify the development process.
    Sixth normative documents may not be set to the following matters: (a) the administrative penalty, (ii) an administrative license, (iii) administrative enforcement.
    Normative documents apart from the provincial government and the provincial fiscal, price Department of normative documents, not to create other normative documents administrative fees.
    People's Government departments at all levels to develop normative documents, shall not be labelled as administrative areas in the header name. Seventh draft normative documents should be thorough investigations and studies, sum up experience, and extensively listen to the views of the relevant departments, experts and the community.
    Drafting important normative documents may take written comments, forums, feasibility study meeting, hearing and other forms.
    Article eighth of normative documents covering two or more departments, relevant departments should work together to develop normative documents.
    Nineth levels of regulatory documents shall be established by the Government of the people's Government Executive meeting or Executive Head Office adopted and issued by the Chief Executive.
    Normative documents formulated by the people's Government departments above the county level shall be adopted by the administrative head of Department Office and issued by the Chief Executive.
    Before the adoption of normative documents, drafting bodies should seek legal work of the people's Governments at the corresponding level institutions or the views of the departments Office of Legislative Affairs. Tenth Article normative file by following provides to social announced: (a) Province Government and belongs work sector developed of normative file, should in Shanxi Province Government bulletin published, while in provincial main newspaper announced or released message; (ii) city, and to Government and belongs work sector developed of normative file, should in city, and to range within public issued of newspaper published, while in local news media released message; (three) County Government and belongs work sector, Xiang, and
    Regulatory documents established by the town and sub-district offices should be posted on its bulletin boards and posted a message on the local news media.
    The conditions, which should include the people's Governments at the corresponding level website.
    Not affect normative documents to the public.
    The 11th County, Township and town people's Governments and subdistrict offices should be established in the Office and public places bulletin published people's Governments at the county level and their departments and normative documents of the administrative organs and other disclosure information.
    Published in the Bulletin of normative documents, publication date not later than 30th.
    12th above work, the people's Governments above the county level shall implement vertical City Department for normative documents filing authority.
    The Office of Legislative Affairs of the people's Governments above the county level responsible for the people's Governments at the corresponding level of normative documents for the record submitted to and the people's Government departments and lower level people's Governments of normative documents for the record review.
    The Office of Legislative Affairs of the people's Government departments at all levels, are responsible for the normative documents for the record submitted to the work.
    Implementation of vertical sectors a legal working body responsible for the normative documents record submissions and institutions at lower levels of the system of normative documents for the record review.
    13th normative documents for the record should have, the principle of trial, any mistake will be corrected.
    14th on normative documents developed by the people's Governments below the provincial level people's Government for the record; agency regulatory documents developed by the people's Governments above the county level, the establishment of the organs of the people's Government for the record. Department work the people's Governments above the county level normative document drafted by the people's Governments at the corresponding level for the record, with a copy to competent administrative department at a higher level.
    Two or more departments to develop normative documents sent by host organ for the record. Implementation of vertical sector normative documents reported to the administrative authorities at a higher level for the record, with a copy to the people's Governments at the corresponding level.
    The vertical departments below the provincial standard of paper submitted to the provincial people's Government for the record.
    15th normative documents of the enacting body (hereinafter referred to as the enacting body) shall, within the regulatory documents published on 15th 14th in accordance with the provisions of articles submitted for the record.
    16th normative documents submitted for the record shall submit the following materials: (a) the normative documents for filing a report; (b) the second copy of the normative documents; (c) the drafting of regulatory documents description II.
    Conditions should be submitted electronic texts of normative documents.
    17th the normative content of the drafting instructions should include the following: (a) the necessity and formulating the basis for development of normative documents, (ii) the main problem to be solved, and (iii) other issues of note.
    18th article record organ of legal work institutions should on submitted record of normative file of following content for review: (a) whether beyond permission; (ii) whether and legal, and regulations, and regulations, and policy or superior normative file phase conflict; (three) whether and other normative file on same matters of provides phase consistent; (four) content whether appropriate, program whether legal; (five) other should review of content. 19th when examining normative documents filing authority's Office of Legislative Affairs, you can take advice, investigation, called for authorities to explain the situation or any other means.
    Calling for authorities to explain the situation, the enacting body shall be addressed at the time.
    20th article record organ of legal work institutions on normative file for review Hou, according to different situation respectively made following processing: (a) normative file and legal, and regulations, and regulations phase conflict or not appropriate of, ordered developed organ stop implementation and deadline corrected; developed organ in provides of term within not modified or not abolition of, proposed processing views reported to the this level Government be change or revoked, or by this level Government authorized Hou, directly be change or revoked.
    (B) a conflict between normative documents, coordination coordination is inconsistent, and put forward opinions level people's Government decision.
    (C) normative documents program, published forms are not standardized or a technical problem, shall be ordered to make the deadline.
    21st accept CC Executive sees cc of normative documents and laws, rules, and regulations inconsistent or inappropriate, and conflict between normative documents, you can register at developing organ or organs written recommendations of the Office of Legislative Affairs.
    The enacting body or filing a legal working body after receiving the written submissions should be verified, and its reply in the 15th; there is a problem, the enacting body shall promptly correct it. 22nd citizens, legal persons or other organizations find that normative documents and laws, rules, and regulations inconsistent or inappropriate, and conflict between normative documents, you can record written review recommendations of the Office of Legislative Affairs.
    Filing authority review after review recommendations in writing in a legal working body; there is a problem, be dealt with in accordance with the provisions of the present article 20th, making recommendations and reviewing or processing of written replies to citizens, legal persons or other organizations.
    The 23rd citizens, legal persons or other organizations when applying for administrative reconsideration of normative documents review applications for, or the administrative body for reconsideration review considers the relevant normative documents do not legitimate, in accordance with the People's Republic of China administration reconsideration law on 26th, 27th provisions of that article.
    24th record authorities submit the Legislative Affairs Agency found record of normative documents is inconsistent with the laws, rules, regulations or inappropriate shall be from the date of receipt of materials listed in this article 16th 30th, correction notice or be ordered to deal with a notice of decision informed the development authority.
    Professional is particularly strong, in special circumstances or the need for research, coordination, consultation, agreed by the filing authority's head of legislative affairs agency may extend the review period, an extension shall not exceed 30th. 25th the enacting body shall receive the relevant correction notice or order a decision notice within 30th of normative documents are amended or annulled. The enacting body to review there are dissenting opinions, may apply to the filing authority's Office of Legislative Affairs for review.
    Filing authority's Legislative Affairs Office shall receive written replies to the date of the application for review in the 15th.
    26th the enacting body shall, in accordance with the provisions of this article 14th, before January 31 of each year to the authorities last year to develop the regulatory documents submitted to the registration authorities.
    The 27th legal working body of the people's Governments above the county level shall report each year to the people's Governments at the corresponding level in the first quarter review of normative documents record the previous year, with a copy to Office of Legislative Affairs of the people's Government at a higher level. 28th administrative authorities should regularly clean the normative documents of the organs. Normative document is inconsistent with the laws, rules, regulations or inappropriate shall be promptly amended or annulled.
    Normative documents amendment and repeal procedures implemented.
    29th the people's Governments above the county level shall strengthen inspection of the normative documents for the record, oversee the development and filing organs perform the duties described in this.
    Filing a legal working body organs should strengthen supervision of development authorities to fulfil the record review comments.
    The enacting body in violation of the provisions of article 30th 15th, 16th, 25th, 26th, 28th article, by the record Office's Office of Legislative Affairs, or the competent authority shall order correction within; it refuses to, give notice of criticism; caused by serious infringement, the heads of relevant government departments are directly responsible for the personnel and other persons directly responsible shall be given administrative sanctions. The 31st article of the regulations come into force on January 1, 2004.
                              On July 11, 1991, issued by the General Office of the people's Government of Shanxi province, regulations and regulatory documents filing rules (jinzheng ban FA [1991]93) repealed simultaneously.

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