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The State Ethnic Affairs Commission Develop Provisions Of Regulations And Regulatory Documents

Original Language Title: 国家民委制定规章和规范性文件的规定

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The State Ethnic Affairs Commission develop provisions of regulations and regulatory documents

    (Published July 26, 2011, the State Ethnic Affairs Commission, 1th September 1, 2011) first in order to standardize the State nationalities Affairs Commission, regulations and regulatory documents program, promoting administration according to law, under the People's Republic of China legislative act, the regulatory procedure Ordinance, the Archivist filing of regulations and regulations and other relevant provisions, these provisions are formulated.

Regulations referred to in the provisions of article, refers to the Minister in accordance with the law and administrative regulations, decisions and orders of the State Council, published in the form of certificate of appointment, involving administrative counterpart's right and duty, generally binding regulations, measures and implementation of rules, and so on. Standard documents in these rules refers to the State nationalities Affairs Commission for the implementation of laws and administrative rules and regulations and the relevant provisions of the document of the State Council, in accordance with the statutory terms of reference to develop the decision announced, regulations, bulletins, circulars, notices and ways of.

Regulatory documents shall conform to the following requirements:

(A) external administrative matters involving administrative counterpart's right and obligation;

(B) normative and binding;

(C) adjust the administrative relative person or object is not specific matters;

    (D) future issues and needs to be executed or implemented through specific acts, repeated application within a certain period.

Third Minister alone or developed in conjunction with relevant departments of the State Council regulations and regulatory documents, these provisions shall apply.

    Does not involve administrative counterpart's right and obligation established by the State Ethnic Affairs Commission, reporting, reporting, internal work, personnel decisions and other documents, as well as to external specific administrative decisions on matters such as approvals, these rules do not apply. Fourth policy Division is responsible for the centralized management and coordination regulations project, reviewing the legality of normative document, publication, recording and review.

    Other departments concerned according to the corresponding responsibilities of project applications, drafting, clearance and interpretation work.

Article fifth all departments need to develop or amend rules, should be made before November 30 of each year, project applications submitted to the policy and regulations Division the following year.

    Policy and regulation to establish the project summarizes research, development of the State Ethnic Affairs Commission's annual regulatory plan, reported Board meeting after approval, issued in the files of the Office of the Department.

Sixth rule names are generally called "rules", "measures" shall not be called "regulation".

Regulations should be structured, accurate terms of normative, operational and shall not conflict with the laws and administrative regulations.

    Regulations required by its content, can be divided into chapters, sections, articles, paragraphs, items, and accounts.

The seventh draft rule should be on the basis of in-depth research, seminars, feasibility study meeting, hearing and other forms or through the State Ethnic Affairs Commission of Government Web sites and related media, listen to units, organizations, experts and other persons concerned.

    On all aspects of the proposed amendments, the drafting Department should adopt or not adopt this opinion and the reasons for, and appropriate for feedback.

    The eighth draft normative documents, State administrative organs shall conform to the official approach and the relevant provisions of the State Ethnic Affairs Commission document processing rules.

Nineth rule drafting departments concerned amendments to study, improve and form the draft regulations submitted to the policy and regulations Division for review.

    When you submit a draft regulations, should also be submitted to the regulatory necessity, includes, the drafting process, consultation and coordination, with the existing relevant regulations and documents linking instructions.

Tenth Division of policies and regulations to review the draft regulations from the following areas:

(A) compliance with statutory authority and procedures;

(B) coordination with relevant laws, administrative regulations and cohesion;

(C) it is well coordinated and the views of interested parties;

(D) compliance with legislative requirements;

    (E) other contents need to be reviewed.

After review of the policy and regulations Division, the 11th article, elaborating a draft sector regulations and a description of the draft, submitted to the Committee for consideration.

    Consideration by the Commission after the adoption of the draft regulations, signed by the Director of the State Ethnic Affairs Commission orders are published.

    12th State Ethnic Affairs Commission and other departments of the State Council jointly developed rules and regulations by the State Ethnic Affairs Commission Director and developed jointly by the principal responsible comrades of the departments jointly signed an order to be published. 13th draft normative documents of various departments, sent the Office of the nucleus prior should send policy and regulation for legal review. Office of the issuer and make substantive changes, and drafting departments should again send policy and regulation review.

Without legal review regulatory documents of the policy and regulations Division, Office of no nuclear release.

Review on policy and regulation from the following aspects:

(A) whether there is a conflict with the laws and administrative regulations;

(B) make process for compliance with the rules of procedure;

    (Iii) other content should be reviewed.

    14th regulation published by the policy and regulations Division, regulatory documents published by the drafting Department.

Within 30th after the 15th rule, by the Division of policies and regulations in accordance with the relevant procedures and requirements to the State Council Legislative Affairs Office records.

    Drafting departments before January 30 of each year, normative documents released last year submitted to the policy and regulations Division record. 16th Minister regularly carry out cleanup regulations and regulatory documents.

Clearance by the lead organization of the policy and regulations Division, departments specifically responsible for this Department to draft regulations and normative documents of the cleanup. Regulations clean up once every 5 years, in principle, normative documents cleaned once every 2 years.

    Daily cleaning by drafting departments according to the work to be done.

17th regulations and regulatory documents under any of the following circumstances, should be modified:

(A) in accordance with the needs, it is necessary to increase or decrease;

(B) the formulation, amendment or repeal of laws and administrative regulations, regulations and regulatory documents of individual provisions incompatible;

(C) the administration or the Executive authority under changed;

(D) other circumstances that need to be modified.

    Modify the procedure and manner of publication of regulations or normative documents, reference to the relevant provisions of the aforesaid.

18th regulations and regulatory documents under any of the following circumstances shall be annulled or declared invalid:

(A) due to relevant laws, administrative regulations, and rules repealed or modified, losing basis;

(Ii) provisions have been completed or actual change, no need to continue;

(C) new provisions have been made for the same matter;

(D) other circumstances that should be abolished or declared invalid.

    Annulled or declared invalid regulation shall be published in the form of the State Ethnic Affairs Commission; annulled or declared invalid documents should be published in a notice in the State Ethnic Affairs Commission.

19th rule any of the following circumstances, the drafting Department in views of the policy and regulations Division, explained the report to Committee approval:

(A) the regulations needs to further clarify the specific meaning;

    (B) the enactment of regulations there is a new situation, need to be clearly applied based on the. 20th led the State Ethnic Affairs Commission of the policy and regulations Division regulations and regulatory documents compiling, compilation.

    Required compilation of multilingual editing and publishing of regulations and regulatory documents, editing and publishing regulations in accordance with the laws of the relevant provisions. 21st article of the regulations come into force September 1, 2011, the State Ethnic Affairs Commission released on February 25, 2000, the State Ethnic Affairs Commission, on the drafting of procedural requirements and regulations repealed simultaneously.