Key Benefits:
(Prelease No. 149 of 4 December 2002) Chapter I General Article 1 establishes procedures for regulating the normative documents of the executive organs of the province, guaranteeing the quality of normative documents of the executive branch, preserving the harmonization of State rule of law, and establishing this provision in the light of the provisions of the relevant legislation. Article 2 refers to the normative documents of the executive organs (hereinafter referred to as normative documents) referred to in this article to the Government and its sectors of the people of the district and above, which are generally binding in accordance with the provisions of the laws, regulations and other superior laws. Normative documents are divided into governmental normative and sectoral normative documents. Article 3 quaters, drafting, review, decision and publication of normative documents apply. The establishment of regulations is governed by the Regulations of the State Department. The issuance and submission of normative documents are carried out in accordance with the Regulations of the State Department and the Government's legislative procedures. Article IV establishes normative documents that should be guided by the basic principles established by legislative law and in accordance with constitutional, legal, legislative and other superior laws. The content of normative documents should be in line with the principles of simplification, harmonization and effectiveness, reflecting the spirit of reform, promoting the transformation of government functions to regulate the economy, manage society and the public service. The name of the normative document generally states as “the provision”, “the approach”, “rules”. Chapter II Article 7. Government-owned sectors believe that normative documentation needs to be developed by the Government and should be submitted to the current people's Government. The submission of the Government's application for the development of normative documents should provide clarifications on the need for normative documentation, the key issues to be addressed, the main system to be established and the basis of the top law. Article 8. The Government's rule of law sector should conduct a summary of the application for the presentation of normative documents by the Government, prepare a workplan for the annual normative documents of the Government of the current people and report on implementation by the Government of the people. The Government's annual plan for the development of normative documents should clarify the name of normative documents, the drafting unit and the time of completion. The Government's annual plan for the development of normative documents can be adapted on the basis of reality. Article 9 Government-owned sectors can autonomously identify sectoral normative documents in accordance with the relevant legislative principles, based on the practice of this sector. Article 10 Government normative documents are specifically responsible for drafting work by a government department or by several sectors, or by the Government's rule of law sector. Sectoral normative documents are specifically responsible for drafting by a body or a body within the government-owned sector or by the rule of law. The drafting of normative documents should reflect the principles set forth in legislative law, conduct in-depth studies, take stock of practical experience and widely listen to the views of the relevant units and individuals. The hearings can take a variety of forms, such as colloquiums, memorials, hearings and public consultation with society. Article 12 Drafts normative documents covering more than two departments, institutional responsibilities or close to other sectors, institutions and agencies, and drafting units should fully seek the views of other departments, agencies. Article 13 Drafting units shall communicate the texts of normative documents and their notes, the different views and other relevant materials on the main issues of the delivery of normative documents to the review. A draft of the normative documents sent to the review should be signed by the main holder of the drafting cell; a number of units are co-drafted and should be signed by the main heads of the drafting units. Draft Government normative documents drafted or prepared by the Government's rule of law sector are signed by the principal heads of the Government's rule of law. Chapter III Review Article 15 The Government's normative documents are delivered and their statements are reviewed and modified by the Government's rule of law. Texts of the sectoral normative documents and their statements are reviewed and revised by the sectoral rule of law bodies or by the body responsible for the rule of law. Article 16 is delivered in one of the following cases where the Government's rule of law, sectoral rule of law or body responsible for the rule of law (hereinafter referred to as review bodies) may be suspended or returned to the drafting body: (i) Incompatible with article 5 of this provision; (ii) The basic conditions for the development of normative documents are not ripe; (iii) The main regime governing the delivery of the normative documents is controversial and the drafting cell does not consult with the relevant departments and agencies. The Article 17 review body shall review the submission of normative documents and shall communicate the main issues covered by the draft of normative documents to the body concerned for comments. Article 18 review bodies should conduct field studies at the grass-roots level on the main issues involved in the delivery of normative documents and listen to the views of relevant units and individuals at the grass-roots level. The draft of the normative document involves a major issue, and the review body should convene a colloquium, analytic meeting with the participation of the relevant units, experts, to hear views and to present the findings. The review body should coordinate and agree that it should not be agreed that the main issues, the views of the relevant departments, agencies and review bodies should be reported to the Government of the people at this level, or to the decisions of this sector. Article 21 review bodies should carefully study the views of all parties and, in consultation with the drafting units, revise the draft normative document and submit draft normative documents and review reports directly to the current people's Government or the sector. The review should include the development of key issues to be addressed in normative documents, the main measures to be taken, the basis of the law and coordination with the relevant departments, agencies. Prior to the issuance of the sectoral normative documents, the relevant authorities shall transmit normative documents to the Government's rule of law sector for review of legality and submit the following materials: (i) Letters from the review; (ii) Text of normative documents; (iii) A description of normative documents; (iv) The enactment of laws, regulations, regulations, orders and decisions based on normative documents; (v) Other relevant information based on the development of normative documents. Article 23 of the Government's rule of law sector should complete the review within 10 working days and inform the government departments that have developed normative documents in writing. After the review of the Government's rule of law sector by the departments that have developed normative documents, careful study should be given to the views expressed. The Government's rule of law sector should be informed in writing about the fact that the main opinion cannot be adopted. Article 25 The Government's rule of law sector normative documents that have been issued without review may be brought to the Government of the people at this level to withdraw the document and to make a public announcement of the document. The Government's rule of law sector can check the distribution of normative documents to the same level of government. Chapter IV Decisions and publication Article 26 Sectoral normative documents should be decided by a sectoral office. The draft normative document adopted at the twenty-seventh meeting was considered by the review body, which was signed by the Government of the current people or heads of the sector, following changes in the views of the Conference. Article twenty-eighth normative documents should generally be carried out after 30 days of the date of publication. However, the public release would not immediately be carried out without prejudice to the operation of normative documents and could be carried out from the date of public publication. Article twenty-ninth normative documents are made available by the Government's rule of law, which is published by the statutory body. The public publication of normative documents is carried out in accordance with the provisions for the public publication of regulations for management in the administrative organ of Anguéa. Chapter V Article 33 Article 31 of the present provision has been implemented effective 1 March 2003. |
