Meteorological standard document management

    (September 30, 2011, the China Meteorological Administration released 23rd come into force on the date of promulgation) Chapter I General provisions

    First to strengthen meteorological standard document management specifications's meteorological development of normative documents, review and record activities, improve the quality of meteorological normative documents, realizing dovetailed with the relevant laws and regulations, promoting the Meteorological Administration, in accordance with the regulatory procedure and the Archivist filing of regulations and relevant provisions of the regulations, combined with the Meteorological Department, these measures are formulated.

    Second meteorological normative documents developed, reviewing, recording and related supervision and control, these measures shall apply.

    Meteorological documents mentioned in these measures refers to the competent meteorological departments for the implementation of laws, rules, regulations and normative documents of superior, carry out meteorological community management functions, in accordance with statutory authority and procedures, relating to specific rights and obligations of citizens, legal persons or other organizations, applied repeatedly over a given period, generally binding administrative files within their respective administrative areas.

    The internal working system of meteorological departments, these procedures do not apply.

    Article meteorological standard document management should be guided by the following principles:

    (A) ensure the correct implementation of laws, rules and regulations;

    (B) safeguard the Socialist legal system and Government decrees;

    (C) safeguard the legitimate rights and interests of citizens, legal persons and other organizations;

    (D) adhere to openness and public participation;

    (E) adhere to the streamlining, effectiveness and accountability.

    Fourth meteorological matters regulatory documents shall belong to implement laws, rules, regulations and normative documents of superior, and matters that require development of normative documents and not imposing administrative penalties, administrative license, the administrative enforcement and other matters may not be set by the normative documents.

    Fifth meteorological departments above the county level may, within its terms of reference developed meteorological documents.

    Chapter II development and review

    Sixth weather regulatory documents shall be drafted by the competent meteorological organizations above the county level.

    Drafting weather normative documents, shall be determined according to the norms of specific content name, you can use the "approach", "rules", "point", "rules" and other names, but not "law" or "regulations".

    Seventh meteorological departments above the county level shall organize meteorological normative document is drafted, you can determine one or several organs in charge of drafting (hereinafter draft).

    Article eighth matters according to law shall not be disclosed outside the meteorological standard documents should be public consultation in the drafting process involving significant public interests and the vital interests of the people, should take the form of seminars, hearings, and other, administrative work would be widely consulted and the views of the grass-roots units; strong professional, necessity and feasibility should be organized in advance expert.

    Nineth meteorological departments above the county level establish meteorological normative documents, jointly with other departments to develop normative documents, shall, in accordance with the regulations for legal review.

    Tenth the competent Meteorological Department under the State Council or provincial, autonomous region, municipality directly under the meteorological departments of the Office of Legislative Affairs is responsible for the Meteorological Office at the Department of normative documents on the review of legality.

    (City) meteorology established by normative documents by the meteorological authorities of provinces, autonomous regions and municipalities directly under the legality review of meteorological departments of the Office of Legislative Affairs.

    Meteorological departments at the county level weather developed normative documents should be submitted to the competent Meteorological Department at a higher level for review, by provinces, autonomous regions and municipalities directly under the legality review of meteorological departments of the Office of Legislative Affairs.

    11th meteorological drafting body of normative documents in the form of normative documents after the draft, transfer the legal working body provided for in article tenth review of legality.

    Without weather review the legality of normative documents, shall not be submitted to the meteorological authorities for consideration.

    12th meteorological standard document review of legality, should be left to the drafting agencies submit the following materials:

    (A) draft and draft description of the regulatory documents (electronic documents);

    (B) development of normative documents on the basis of laws, rules, regulations and higher normative documents;

    (C) summarize the main amendments and adoption;

    (D) other relevant material.

    First draft description of the provisions of the preceding paragraph, should develop objective, including normative documents developed according to, the necessity and the feasibility and drafting process, coordination problems and other matters important to note.

    13th Legislative Affairs Agency shall, in the following areas of meteorological normative documents on the review of legality and validity opinions issued by:

    (A) compliance with the provisions of the laws, regulations and rules;

    (B) whether belonging to the formulation of the statutory terms of reference;

    (C) coordinate with the existing normative documents in this sector, cohesion;

    (D) it contains cannot be set for Administration of administrative punishments, administrative licensing and enforcement matters;

    (E) whether enforcement of the laws, regulations and rules and higher provisions of normative documents and matters that require development of normative documents;

    (Vi) other contents need to be reviewed.

    14th under any of the following circumstances, a legal working body should give out returning meteorological standard document draft drafting body of the review, and explain the reasons:

    (A) laws, regulations, rules and superiors contrary to normative documents;

    (B) beyond the development of statutory terms of reference;

    (C) shall publish draft but has not been made public, hearing but not hearing should be demonstrated by experts but have not yet been demonstrated;

    (D) other circumstances that require extensive revisions.

    After modifying normative document draft drafting body, shall, in accordance with the procedure for review of legality as provided herein.

    15th validity observations should be notified by the Office of Legislative Affairs-drafting body.

    -Drafting body disagrees with the views on the review of legality, should consult with the Office of Legislative Affairs, agreed. 16th Legislative Affairs Agency shall, within 15 working days from the date of receipt of the draft completed review of legality.

    Need to be extended, agreed by the head of the Office of Legislative Affairs, can be extended by 15 working days.

    17th weather meteorological departments should be normative documents review of legality as the Administration examination and objective responsibility of important content. 18th meteorological standard document shall specify the effective date.

    Relates to content belonging to stage work, shall specify the validity period.

    19th meteorological normative documents shall be kept by the competent meteorological Council meetings the collective consideration of the same level, after the adoption by the heads of main meteorological authorities issued. Meteorological regulatory documents shall be determined by the enacting body to the public.

    Was not announced to the public, shall not be used as the basis of administration.

    Chapter III registration and clearing

    Article 20th local meteorological departments at all levels should meteorological documents issued within 30th of, higher level meteorological departments and the people's Government at the rule of law submitted for the record; by January 31 of each year, higher level meteorological departments and the people's Government at the rule submitted the previous year publishing, modification, expiration and revocation of regulatory documents.

    21st meteorological normative documents submitted for the record, meteorological normative documents for the record, official version of the report shall be submitted (including drafting instructions) in five copies, meteorological normative documents and submit electronically.

    Record report should indicate the file name, document number, posting date, and publishing, and with setting body seal.

    On the 22nd level meteorological departments should be from the following aspects, and to submit for the record the meteorological review regulatory documents:

    (A) whether laws, regulations, rules and superior normative documents contradict, contradict;

    (B) beyond the statutory authority;

    (C) violation of design, Publisher;

    (D) other content need to be reviewed.

    23rd acceptance record meteorological departments (hereinafter referred to as the record) reporting meteorological documents should be reviewed and published meteorological record review of regulatory documents on a regular basis.

    24th citizens, legal persons or other organizations against weather disagrees with the normative documents, written reviews recommendations to the institutions, for the record-setting bodies. Development of institutions, the filing office shall receive citizens, legal persons or other organizations present recommendations within 60 days from the date of written reviews research treatment, parties and written replies; complex, approved by the Bureau, may extend processing time limit, but the extension period shall not exceed 30th, and shall inform the parties an extension on the grounds.

    Otherwise stipulated by laws, administrative regulations, and from its provisions.

    25th the citizens, legal persons and other organizations in applying for administrative reconsideration requests to review applications relating to meteorological normative documents, when examining specific administrative act or the administrative reconsideration organ at its weather based on normative documents are not legitimate, in accordance with the People's Republic of China regulations implementation of the administrative reconsideration law.

    26th record found weather normative documents and laws, regulations, rules and superiors contrary to normative documents, or excess of their statutory rights, violations of procedures, shall notify the development agencies to correct, suspended; if necessary, filing in accordance with the terms of reference to revoke or change it directly. After setting body of the written record-review, shall reply in writing within 15 working days processing results. Disagrees with the opinion of the review, you may apply for review.

    Filing office shall within 15 working days from the date of receipt of an application for review written responses.

    27th-making institutions in accordance with the provisions submitted for the record, informed by the record-setting body to correct within.

    Setting bodies delay to submit for the record, or the problem is not corrected, given by a record criticized serious or adverse consequences, are directly responsible for the charge and other direct liable persons shall be subject to administrative liability. 28th-setting bodies should timely organization to weather the implementation of normative documents for evaluation.

    Think the meteorological standard document should not continue shall be promptly amended or annulled.

    Containing the valid normative documents, develop agency deems it necessary to continue to implement, should be made public in accordance with the provisions of these measures, and recalculate the validity period from the date of its promulgation.

    29th setting bodies should be in accordance with relevant regulations of the State, organized every two years to clean up our meteorology established by normative documents otherwise provided by laws and regulations, from its provisions. Meteorological part normative documents and to the prevailing laws, rules, regulations and higher regulatory documents does not match, but the normative documents and the need to continue executing, the enacting body shall be modified.

    Meteorological standard document main content or primary measure is incompatible with the laws, rules, regulations and regulatory documents by higher authorities, the enacting body should be abolished.

    After the 30th weather normative documents on the clearing, setting bodies shall promptly release remain valid, revocation and invalidation of meteorological regulatory documents, and compilation of already published and periodically clean up the meteorological documents.

    The fourth chapter by-laws 31st article this way come into force on the date of promulgation.