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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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(Summit No. 11 of the Decree No. 11 of 27 December 2003 of the People's Government of Chiang State)

Chapter I General
Article 1 ensures that the rule of law is harmonized in accordance with the relevant laws, regulations and regulations, such as the People's Congress and the People's Government Act at all levels of the People's People's Republic of China, in line with the actual regulations of my city.
Article 2 refers to the administrative normative documents referred to in this article, which are formulated and published by the Government and its functional offices in accordance with the legislative authority and procedures, which are generally binding on citizens, legal persons and other organizations.
Administrative normative documents are divided into governmental normative and sectoral normative documents. Sectoral normative documents include normative documents issued by the Government function or by organizations directly administered by the Government to exercise administrative functions in accordance with the law.
Article 3
The new formulation, modification and repeal of administrative normative documents, as described in the previous paragraph.
Administrative normative documents issued in violation of this provision are null and void.
Article IV establishes administrative normative documents that shall not be in violation of constitutional, legal, regulatory and regulatory provisions; shall not be inconsistent with the orders, decisions of the superior administrative organs; nor shall it go beyond the terms of reference of the executive branch.
The content already specified in laws, regulations and regulations does not in principle duplicate administrative normative documents.
Article 5 establishes administrative normative documents that may not be granted administrative licence matters, shall not create administrative charges and shall not impose administrative penalties and administrative coercive measures.
Article 6. Administrative normative documents should be consistent with the principles of simplification, harmonization and effectiveness, which should be accurate, concise and should be clear, specific and operational.
Article 7.
Drafting
Article 8. Drafting administrative normative documents should conduct in-depth studies, summarizing practical experience and widely listening to relevant units and individuals.
Article 9 Government normative documents may be drafted by the Government's relevant business authorities or by the Government's rule of law institutions.
Sectoral normative documents are specifically drafted by the relevant operational body or by the rule of law body.
The drafting of administrative normative documents could invite relevant experts, organizations to participate, or experts, organizations to draft them.
Article 10 Drafts normative documents involving more than two departments, institutional responsibilities or close to other departments, agencies, drafting units should fully seek the views of other departments, agencies or co-drafted by more than two departments, agencies.
Article 11. Sectoral normative documents or governmental normative documents drafted by sectoral organizations should be reviewed, modified and presented by sectoral rule of law bodies, leading the adoption of collective discussions.
Article 12 A copy of the governmental normative documents considered by the Government should be reviewed by the Government's rule of law bodies before the official publication.
The Government's normative paper, drafted by the Government's rule of law body, was sent to the trial by leading the Government's rule of law body to discuss the adoption of the post-part Government deliberations.
Chapter III Review of sectoral normative documents
Article 13, sectoral normative documents, which, in accordance with article 11 of the present article, have led to collective discussions, shall be subject to a review of the legitimacy of the rule of law institutions of the current people prior to publication.
Nor shall the sectoral normative documents that have not been reviewed by the Government's rule of law bodies be issued.
Article 14.
When the sectoral normative documents are delivered, the authorities should submit the following materials to the Government's rule of law bodies:
(i) Communications to be delivered;
(ii) Substances of normative documents in the sector;
(iii) A description of sectoral normative documents (including the purpose of developing sectoral normative documents, the basis, main content and coordination of important disagreements);
(iv) Relevant material for consultation;
(v) The laws, regulations, regulations and national approaches, policies based on the drafting of sectoral normative documents;
(vi) Other relevant materials.
Article 16 is in line with the application of the sectoral normative document under article 15 of this provision, and the Government's rule of law institutions should receive and receive a return.
The submissions were not in accordance with article 15 of the present article, and the Government's rule of law bodies could request the referral of the relevant material within the specified period.
Article 17 Government rule of law institutions shall be reviewed within 10 working days of the date of receipt and shall communicate the views of the review to the prosecution.
The controversy is greater, complex, or involves other major complex issues, which cannot be reviewed within the period specified above and, with the approval of the main heads of the Government's rule of law, may extend 10 working days and shall communicate the reasons for the extension period to the trial sector.
The Government's rule of law bodies have not submitted written review opinions within the prescribed time frame, which is considered to be agreed upon by the review, and the authorities can openly issue the sectoral normative documents of the delivery.
Article 18
(i) Views on the review of consent shall not be in violation of article 4, paragraph 5, of the present article.
(ii) In one of the following cases, additional changes should be made or comments to be made to the referral sector:
In violation of article 4, paragraph 5, of the present article;
The basic conditions for developing sectoral normative documents are not ripe;
The main content of the sectoral normative document delivery provisions is largely controversial and the referral sector has not been fully consulted with the relevant departments and agencies.
The Government has a dedicated chapter for the review of normative documents in the sector.
The written review by the Government's rule of law bodies should be accompanied by a dedicated chapter for the review of normative documents in the Gégué sector.
The delivery of sectoral normative documents should be supplemented by a review of the Government's rule of law bodies.
Article 21, which was contested by the authorities for the review of the rule of law institutions of the Government, could request the Government to be coordinated within 10 working days from the written review of the Government's rule of law bodies.
Chapter IV Publication and interpretation
Article 2 establishes governmental normative documents, which are issued by the Government's Executive Office (rooms) after the adoption of the Government's consideration.
The development of sectoral normative documents was issued by the main heads of the sector. The sectoral normative documents developed jointly by the two sectors were issued by the principal heads of the two sectors.
Article 23. Administrative normative documents should be published in the public administration journal or in the public distributions published in the city's administration.
Article 24 Norms of administrative normative documents should normally be implemented after 30 days of the date of public publication. However, it would not be immediately followed by public issuances that would impede the implementation of administrative normative documents and could be carried out from the date of public publication.
Article 25 Explanation of administrative normative documents is a governmental or governmental function for the development of the administrative normative document.
Documentation
Article 26 Sectoral normative documents should be sent within 30 days of the date of publication to the Government's rule of law institutions; normative documents developed jointly by the two sectors are charged with the hosting sector.
The normative documents of the Government of the District should be sent within 30 days of the date of publication to the municipal rule of law institutions.
Article 27, Administrative normative documentation, should be submitted to the Government's rule of law bodies as follows:
(i) Letters of correspondence sent;
(ii) Formal text of administrative normative documents or decision to repeal administrative normative documents;
(iii) A description of administrative normative documents;
(iv) The development of laws, regulations, regulations and national approaches and policies based on administrative normative documents;
(v) The certified material published publicly;
(vi) Other material that needs to be submitted.
Article 28 of the Government's rule of law bodies should review the legitimacy of the administrative normative documents of the request.
The content of the procedural sectoral normative documents is inconsistent with the prior review of the Government's rule of law bodies, or governmental normative documents developed by the Government in violation of article IV, article 5 of the present provision, and the Government's rule of law bodies may, as appropriate, make proposals for the withdrawal or reordering of the orders and report to the Government.
Article 29 of the Government's rule of law institutions should compile annual compilations of administrative normative documents developed by the current Government and submitted by the Government.
Chapter VI Oversight and responsibility
Article 33 Governments and their respective departments should keep the administrative normative documents regularly cleared and should be revised or repealed in a timely manner on the basis of changes in practice, as well as legal, regulatory and national approaches, policy adjustments.
Article 31 governs the development and management of administrative normative documents of the municipal government functions, the district government.
Regional Government rule of law bodies are responsible for overseeing the development and management of administrative normative documents for the functioning of the sector and the Government of the town.
The rule of law in the sector is responsible for monitoring the development and management of administrative normative documents in this sector.
Article 32 of the Government's rule of law bodies conduct oversight inspections of the development and management of administrative normative documents, which are based on different circumstances:
(i) The Government's rule of law bodies should be brought to the Government to withdraw the document without review by the Government's rule of law institutions and to make public announcements of the document.
(ii) The municipal rule of law institutions may make proposals to the municipal authorities for the removal or reordering of orders in cases where they have not been filed and in violation of article IV of the present article. The municipal rule of law institutions should make public announcements of the body of the original document when it was cancelled or corrected.
(iii) In violation of this provision, the development of administrative normative documents, in a case of serious adverse consequences and negative impacts or damage to the legitimate rights and interests of citizens, legal persons and other organizations as a result of the implementation of invalid administrative normative documents, may be brought to the attention of the relevant authorities, such as administrative inspection, to hold administrative responsibilities of their principals and those directly responsible under the law.
(iv) The Government's rule of law institutions should be required to correct the administrative rules of the principal heads of State and those responsible directly, in accordance with this provision.
Article 33 citizens, legal persons or other organizations consider that the public issuance of administrative normative documents is incompatible with article IV, article 5 of the present article and may make recommendations for review to the Government's rule of law institutions. The Government's rule of law institutions should review and respond to citizens, legal persons or other organizations that have made recommendations for review.
Article 34, in the light of the error in the review of opinions by the Government's rule of law bodies or the circumstances set out in article 17, paragraph 3, of the present article, creates serious social consequences in the operation of administrative normative documents and holds administrative responsibility of its principal and direct responsibilities.
Chapter VII
Article XV Establishment and management of administrative normative documents by the district-level municipalities and their functional sectors, as well as by the municipality-owned in the district and district levels, are implemented in accordance with this provision.
Article 36 The Normative Documents Depositary of the Hiroshima City was also repealed.