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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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(Health No. 168 of 5 December 2003 of the People's Government Order No. Alexandru Province)

Article 1, in order to promote the development and documentation of normative documents, to preserve the unity and dignity of the rule of law, to guarantee the proper implementation of laws, regulations and regulations, and to establish this provision in accordance with the relevant provisions of the People's Congress of the People's Representatives at the local level of the People's Republic of China and the Regulations Reserve Regulations.
Article 2, which refers to normative documents referred to in this Article that are generally binding on all levels of the people's government and its institutions, the departments and laws, regulations and regulations that are mandated to administer the functions of public affairs, and, within the framework of the statutory procedure, to establish, distribute, in accordance with the statutory procedures, the majority and specific matters that are not specific, or affect the rights obligations of citizens, legal persons or other organizations, administrative norms such as administrative measures, decisions, orders or instructions that may be applied repeatedly within the scope of their administration.
Article 3
Article IV should be developed in accordance with the following principles:
(i) In conformity with laws, regulations, regulations and national policies;
(ii) Reflecting the spirit of reform, scientific normative administrative behaviour and promoting changes in government functions;
(iii) Meeting the requirements for simplification, harmonization and effectiveness;
(iv) The language is accurate and concise and is in line with the national administrative format.
Article 5 establishes normative documents that should be conducted in accordance with procedures such as planning, research drafting, consultation, coordination of differences, hearings, legal review, discussion decisions, signing of the publication.
As a result of major disaster events, security of public safety and public interest, urgent orders and decisions for implementing superior administrative bodies, the need for the immediate development of normative documents could be simplified with the approval of the executive heads of the design bodies.
Article 6. Nor shall normative documents create the following matters:
(i) Administrative penalties;
(ii) Administrative licences;
(iii) Administrative coercion.
In addition to the normative documents of the Government of the province and the normative documents of the provincial finances, prices sector, other normative documents may not create administrative expenses.
The normative documents developed by the working sectors of the people of all levels of government shall not be published in the title of the executive region.
Article 7. The drafting of normative documents should conduct an in-depth study, summarize practical experience and widely listen to the views of the relevant sectors, experts and the various sectors of society. The drafting of important normative documents could take a variety of written requests, colloquiums, memorials and hearings.
Article 8. The content of normative documents relates to the responsibilities of more than two sectors and the relevant sectors should develop normative documents together.
The normative documentation developed by the people at all levels should be adopted by the Standing Committee of Government or by the Chief Executives Board.
Normative documents developed by the working sector of the people of the district level should be adopted by the Office of the Chief Executives Board and issued by the executive head.
Prior to the adoption of normative documents, the drafting body should seek the views of the current people's Government's rule of law institutions or the rule of law institutions in this sector.
Article 10
(i) The normative documents developed by the Government of the People of the province and its constituent departments should be published in the Communiqué of the People's Government of San Suu Kyi Province, with the publication or publication of information in the main provincial newspapers;
(ii) Normative documents developed by the city, the people's Government and their respective working sectors should be published in the public, locally and publicly distributed newspapers, while disseminating information on the local media;
(iii) In the district-level people's governments and their respective work sectors, the normative documents developed by the communes, the communes and the street offices should be published in their bulletin columns, while disseminating information on the local media.
Conditions should be made available at the same time on the Government's website.
Nor is the normative document not published to society.
Article 11, communes, communes and street offices should establish a notice column at the place of office and public places to publicize the normative documents developed by the communes' government and its work-related sectors and the executive branch and other information that should be proactive.
The publication of normative documents in the bulletin column is not less than 30 days.
Article 12
The rule of law institutions of the Government of the people at the district level are responsible for the presentation of the normative documents of the current people's Government and for the review of the work sector to which the Government belongs, as well as the documentation of the normative documents of the lower-level people's Government.
The rule of law in the work sector of the people's governments at all levels is responsible for the presentation of normative documents in this sector.
The rule of law working body in the vertical leadership sector is responsible for the presentation of normative documents in this sector and for the review of the normative documents of the subordinate organs of the system.
The submission of normative documents should be consistent with the principle of availability, certainty and integrity.
Article 14.
The normative document developed by the people's government-owned offices at the district level is presented to the Government of the people at the level and is being sent to the executive authorities at the highest level. Normative documents developed by the two working sectors are sent by the host agency.
The introduction of normative documents developed by the vertical leadership department is presented at the top level of administrative authorities, which are accompanied by the Government. The following vertical leadership departments have been introduced to report on the status of the Government.
Article 15 The development body of normative documents (hereinafter referred to as the design body) shall submit a request in accordance with article 14 of this Article within 15 days of the date of publication of normative documents.
Article 16 shall be submitted to the following material at the time of the submission of the normative documents:
(i) A report on the normative documentation reserve;
(ii) Two formal versions of normative documents;
(iii) Two drafting notes on normative documents.
The electronic text of the normative documents should be accompanied by conditionality.
The content of the drafting notes on normative documents should include:
(i) Develop the basis, the necessaryness and the development process for normative documents;
(ii) The main issues to be addressed;
(iii) Other issues requiring clarification.
Article 18
(i) Would go beyond competence;
(ii) Will be incompatible with legal, regulatory, regulatory, policy or superior normative documents;
(iii) Whether the provisions of the same matter are consistent with other normative documents;
(iv) Whether the content is appropriate and whether the procedure is lawful;
(v) Other elements to be reviewed.
In reviewing normative documents by the competent body of law, article 19 may be carried out, inter alia, by seeking advice, investigation, requesting clarifications from organs. The development of an institutional note should be made by the designating body within the time frame.
Article 20 reviews of normative documents by law enforcement agencies of the reserve bodies, which are dealt with according to the different circumstances:
(i) Nor are normative documents incompatible with laws, regulations, regulations or regulations or are inappropriate, ordering organs to cease their implementation and to change their deadlines;
(ii) There is a conflict between normative documents and coordination; coordination is incompatible with the decision of the people's Government to deal with observations.
(iii) The process for the development of normative documents, the non-regulation of the form of publication or the existence of technical issues, and the establishment of a time limit for the administration.
Article 21, which is accepted by the organs of the executive branch that it considers to be incompatible with the law, regulations, regulations or rules, or inappropriate and normative documents, may make written recommendations to the rule of law working bodies of the organ or the competent organ.
The rule of law working body of the organ or the competent organ should be verified and responded within 15 days after written observations are received; there is a problem that the body should be rectified in a timely manner.
Article 22, civil, legal or other organizations have found that normative documents are incompatible with the law, regulations or regulations or are inappropriate and normative documents, and may make written review recommendations to the law-making body of the author. The rule of law working body of the statutory authorities has been reviewed after the written review of the recommendations; there is a problem that is addressed in accordance with article 20 of this provision and will review or deal with citizens, legal persons or other organizations that make recommendations in the written replies to the situation.
Article 23. Civil, legal or other organizations, when applying for administrative review, make a request for review of normative documents, or the executive review body considers that the relevant normative documents are not lawful in accordance with article 26 of the People's Republic of China Administrative Review Act and article 27 thereof.
Article 24 of the law of the competent organ found that the normative documents of the submission were incompatible with the law, regulations, regulations or inappropriate and should be established by a letter of order or by a letter of notification of the decision.
The heads of the rule of law working bodies of the requested authorities agreed that the period of review could be extended for a maximum period not exceeding 30 days.
Article 25 should be developed by organs to modify or repeal normative documents within 30 days of receipt of letters of order of change or of the letter of the order. The establishment of the body to object to the review may apply for review to the law enforcement body of the author. The rule of law of the competent organ shall be written replies within 15 days of the date of receipt of the review.
Article 26 shall be established by the competent organ to transmit to the competent organ a list of normative documents developed by this body by 31 January each year, in accordance with article 14 of this Article.
Article 27, the rule of law of the Government of the people at the district level, should be reviewed at the first quarter of each year by the Government of the people at this level on the basis of the previous year's normative document, and the rule of law institutions at the highest level.
Article 28 should be cleared on a regular basis by the executive body of normative documents developed by this body. Normative documents are incompatible with laws, regulations, regulations or regulations and should be amended or repealed in a timely manner. The revision and repeal of normative documents are carried out in accordance with the procedures established.
Article 29 Governments of more people at the district level should strengthen their examination of the status of normative documentation and monitor the responsibilities of the development agencies and the relevant authorities in fulfilling this provision.
The rule of law of the competent organ should enhance the oversight of the preparation of the review process by the competent organ.
Article 31 establishes organs that violate articles 15, 16, 25, 26, 28, and 28 of the present article by law enforcement agencies or competent authorities responsible for the period of time being changed; critics for the refusal to be rectified; and in the event of gross violations, recommends that the relevant departments give administrative treatment to the competent and other persons directly responsible.
Article 31 The procedure for the preparation of the Sanssi Province's regulations and regulations, issued by the Office of the People's Government on 11 July 1991, was also repealed.