Guangzhou Administrative Normative Document Management

Original Language Title: 广州市行政规范性文件管理规定

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(December 15, 2003, Guangzhou City people's Government of the 22nd Executive meeting considered by people's Government of Guangzhou City, December 27, 2003 order 11th release) Chapter I General provisions article I, normative documents of the Executive to strengthen management, ensure the administration according to law, maintain the uniformity of the legal system, according to the People's Republic of China local people's congresses and organic law of the local people's Governments at all levels and other relevant provisions of laws and regulations, based on actual city, these provisions are formulated.
    Administrative normative document referred to in the provisions of article, refers to the Government and its functions in accordance with the statutory powers and procedures are developed and issued to the public, citizens, legal persons and other organizations repeated application of universally binding files. Administrative normative document is divided into normative documents and normative documents of departments of the Government.
    Sector normative documents include government departments or directly managed by government administrative functions according to the law issued by the Organization in its own name of normative documents.
    The third article of the city, the Central Government and the departments administrative normative document drafting, review, decisions, publication activities, and these provisions shall apply.
    Referred to in the preceding paragraph include administrative normative documents developed a new enactment, amendment and repeal.
    Administrative normative documents issued by the violation of the provisions of the development is not valid.
    Fourth administrative normative document, shall not violate the provisions of the Constitution, the laws, regulations and rules and not contrary to the higher administrative authority orders, decisions and shall not go beyond the terms of reference of the Executive.
    Laws, regulations and rules have been clearly defined, administrative normative document provisions, in principle, will not repeat.
    Article fifth administrative normative documents, not to create administrative licensing items shall not set administrative charges, not to create administrative punishment and administrative compulsory measures.
    Sixth administrative normative documents shall comply with the principle of simplification, uniformity and efficiency, the term should be accurate and concise; provisions should be clear, specific, operational.
    Article seventh administrative normative document generally refer to the name of "rules", "way", "rule", "rule", "views", "decisions" and "notice" and "notice".
    Chapter drafted eighth draft normative documents, should conduct in-depth studies and practical experience, listen to the views of relevant units and individuals.
    Nineth government regulatory documents by the relevant government departments or Government legal agencies organize the drafting.
    Departments within the normative documents by the relevant operational agencies or institutions specifically responsible for the drafting of the legal system.
    Drafting normative documents may invite the participation of relevant experts and organizations, may also appoint experts, organize the drafting.
    Tenth draft normative documents, involving two or more departments or agencies responsibilities or work closely with other departments, agencies, and drafting units should fully consult the views of other departments, agencies, or jointly by two or more departments, agencies drafted.
    11th sector normative documents or normative document drafted by the departments of the Government, should be examined by the sectoral legal harmonization, modify, Department head after collective discussion through to form a draft. 12th government regulatory documents prepared by the sector organizations formed after the draft and reported to the Government for consideration.
    Draft government regulatory documents for consideration by the Government, should be audited by the Government legal organization before formal publication.
    Government draft government regulatory documents drafted by the Organization of legal institutions, legal institutions by the Government after collective discussion by the Government for its consideration.
    Chapter III examination of departmental normative documents articles 13th sector normative documents, in accordance with the provisions of article 11th by the Department head after collective discussion through, should be sent before the release of the people's Governments at the corresponding level review of legal legitimacy.
    Without the consent of government legislative bodies in reviewing departmental normative documents shall not be published.
    Article 14th sent government legislative bodies in reviewing the draft sector normative documents shall be signed by the head of drafting Department's main; co-authored several sectors shall be signed jointly by the departments in charge of, and the sponsoring department is responsible for the trial.
    15th article sector normative file trial Shi, trial sector should to government legal institutions submitted following material: (a) trial of letter; (ii) sector normative file trial draft; (three) sector normative file of description (including developed sector normative file of purpose, and according to, and main content and major differences views of coordination situation,); (four) sought views of about material; (five) drafting sector normative file by according to of legal, and regulations, and regulations and national approach, and policy; (six) other about material.
    16th in line with the provisions of article 15th sector normative documents for approval applications for government legal agencies shall accept and accept issued receipts.
    Submission does not comply with the provisions of article 15th, government legal agencies may request approval Department supplemented within the time limit specified in the material.
    17th government legal agencies shall within 10 working days from the date of acceptance of this review has been completed, and will review the opinion in writing notify the submitting departments.
    Controversial and complex content, or other major problems involved, within the time limit prescribed in the preceding paragraph cannot be examined, approved by the Chief Government legal agencies, can be extended by 10 working days, periods of reason and shall inform the approval authorities.
    Government legal agencies did not review in writing within the prescribed time, as examined and approved, departments can submit public release approval of departmental normative documents.
    18th government legislative bodies for approval of departmental normative documents, in accordance with the following situations, respectively: (I) does not violate the provisions of this article fourth, fifth, and made comments of approval.
    (Ii) has following case one of of, should proposed added modified or suspended developed of views, returned trial sector: 1. violation this provides fourth article, and fifth article provides of; 2. developed sector normative file of basic conditions is not mature of; 3. about sector on sector normative file trial draft provides of main content exists larger dispute, trial sector not and about sector, and institutions full consultations of.
    Government sector normative documents review 19th special.
    Government legal bodies made written comments shall be affixed to review special sector normative documents.
    20th sector normative documents of approval departments shall, in accordance with government legal agencies complement the review comments on draft modifications.
    Article 21st approval Department disagrees with the opinions of the Government legal agencies, can receive government legal agencies and a written review comments within 10 working days of the date requested the Government coordination.
    Released the fourth chapter and the interpretation of article 22nd in the Government regulatory documents considered by the Government is passed, by the Office of the Government (RM) is responsible for publishing. Developing sectoral normative documents, signed by the heads of major release after.
    Two or more branches of the departmental regulatory documents, signed by two or more departments in charge after the release.
    23rd administrative normative documents should be in the level of Government-Government publications or published within the administrative area of the city newspaper, published on the Government public information network. 24th general administrative normative documents shall come into force after the public release date of the 30th.
    But after public release did not immediately implemented will prevent administrative normative documents to implement, can be implemented from the date of public release.
    25th right to explain the development of administrative normative documents of the normative documents of the Government or Government departments.
    Fifth chapter record 26th sector regulatory documents shall be from the date of publication in the 30th, sending the people's Governments at the corresponding level legal filings; two or more departments jointly developed normative documents by the sponsoring department is responsible for the record.
    Government regulatory documents developed by the Government, shall from the date of publication in the 30th, sending legal filings.
    27th article administrative normative file record, should to government legal institutions submitted following material: (a) sent record of letter; (ii) administrative normative file official text or abolition administrative normative file of decided; (three) developed administrative normative file of description; (four) developed administrative normative file by according to of legal, and regulations, and regulations and national approach, and policy; (five) has public released of proved material; (six) other need record of material.
    28th government legal agencies administrative normative documents on the legitimacy of the record should be reviewed.
    Record-keeping of departmental normative documents original review of the legal organization disagreed with the Government, or Government regulatory documents developed by the Government in violation of the provisions of article fourth, fifth, government legislative bodies as appropriate, make recommendations for cancellation or correction, the level of Government decisions.
    29th government legal agencies of this level of Government should be developed and the level of government departments for the record annual compilation of administrative normative document.
    The sixth chapter supervision and responsibility of 30th Governments and their subordinate departments at all levels should regularly clean the administrative normative documents, and should be based on the actual situation of the change, as well as laws, rules and regulations and the adjustment of national policies, published in time administrative normative documents be revised or repealed.
    31st legal institutions are responsible for the municipal government departments, district administrative normative document of the Government of the development and management of supervision and inspection.
    Government legislative bodies responsible for the functions of the District Government departments and town government status of administrative normative document of the establishment and management of supervision and inspection.
    Sector legal entity responsible for administrative normative document of the Department of development and management of supervision and inspection. Administrative normative document of the 32nd government legal agencies to develop and supervise the implementation of management checks, depending on the circumstances as follows: (a) without the Government legal organization reviews, publishing of departmental normative documents issued, government legislative bodies should be submitted to the people's Government to revoke the document, and notice in the public release of the file on the carrier.

    (B) for not filing and violation of the provisions of article fourth, fifth district government regulatory documents, legal institutions can be revoked or shall be ordered to correct the recommendations to the municipal government.
    Cancelled or corrected, legal bodies shall be announced in the public release of the original file on the carrier.
    (C) violation of the provisions of administrative normative document, if the circumstances are serious, serious adverse consequences and negative effects or damage due to the enforcement of an ineffective administrative normative document citizens, legal persons and other lawful rights and interests of the Organization, government legal agencies may ask the administrative supervision and other departments concerned shall be subject to the charge of administrative responsibility and persons.
    (D) not in accordance with the provisions of administrative normative documents sent for approval or for the record, government legal agencies should be required to correct it refuses, may ask the administrative supervision and other departments concerned shall be subject to the charge of administrative responsibility and persons. Article 33rd citizens, legal persons or other organizations that publicly available administrative normative documents do not comply with the provisions of article fourth, fifth, and review of recommendations to the Government legal agencies.
    Government legal agencies should review and reply to review recommendations made by a citizen, legal person or other organization.
    34th of the Government legal organization reviews error or the 17th article under the circumstances as prescribed, resulting in serious social consequences for the administrative normative documents in force, investigated for principals and persons in administrative responsibilities.
    Seventh chapter supplementary articles article 35th City Government at the county level and their departments, as well as district, County-owned town government administrative normative document developed and managed with reference to these provisions. 36th article of the regulations come into force on April 1, 2004.
                                                                                                                  Guangzhou normative documents filing procedures abolished at the same time.