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Beijing Municipal Administrative Normative Document Filing Requirements

Original Language Title: 北京市行政规范性文件备案规定

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Article 1 guarantees the legitimate rights and interests of citizens, legal persons and other organizations, preserves national rule of law and establishes this provision in the light of the relevant provisions of the Regulations of the Department of State.

Article 2

This provision refers to the administrative normative documents established by the Government of the city, the People's Government and its work sector, the Government of the Town (hereinafter referred to as the designating body) concerning the rights and obligations of citizens, legal persons and other organizations, which are generally binding, and does not include the development of an internal system of work of the organs, a decision on the assignment of personnel, a decision on the treatment of specific matters, and documents involving confidentiality and non-exclosure by law.

This provision refers to the work sector, including those of the city and the territorial Government, the dispatching authority and the vertically managed sectors of the city.

Article III Work on the administrative normative documentation, upholding the principle of hierarchy of oversight, legal review, availability of documents, and misrepresentation.

Article IV establishes the authority responsible for the legitimacy of administrative normative documents.

The administrative normative document in the case should be in compliance with the provisions of the public correspondence of the executive branch, in accordance with the statutory competence of the organ, in accordance with the provisions of the law, regulations and regulations, and shall not detract from the legitimate rights or obligations of citizens, legal persons and other organizations.

Article 5

(i) The rule of law institutions already in place to review legitimacy;

(ii) Administrative normative documents that have a direct bearing on the rights and obligations of citizens, legal persons and other organizations, which have been developed for collective discussion by organs;

(iii) Administrative normative documents have been published.

Article 6 shall be sent within 30 days of the date of publication of administrative normative documents.

Reports of administrative normative documents are submitted, and organs should submit the official text of the report and administrative normative documents and their electronic texts.

The report should contain information on the basis, purpose, description of the main elements of the administrative normative document and the review of legality.

Article 7

Administrative normative documents developed by the commune and the people's working sectors of the communes are presented to the commune.

Two or more work departments have jointly developed administrative normative documents, which are sent to the Government of the people at this level.

Article 8

Article 9 The Government's rule of law bodies should publish the list of documents on the Government website.

The format of the instrument was developed by the municipal authorities of the rule of law.

Article 10 Government rule of law institutions may conduct a review of administrative normative documents for the delivery of requests, such as centralized review, screening and field inspections, and should be provided in a timely manner as required.

The Government's rule of law institutions may consult experts, professional organizations in the relevant areas, including experts, lawyers, and professionals in the review process, including through the convening of a warrant and written consultation.

Article 11 State organs, social groups, business organizations and citizens are of the opinion that administrative normative documents are in conflict with the law, require review or review of recommendations, are reviewed, studied by the Government's rule of law institutions and feedback after review and research work.

A review request or a review of recommendations should include a description of the names, matters and reasons for administrative normative documents that require review or review.

Article 12 Government rule of law bodies review the following matters:

(i) Would go beyond the statutory responsibilities of the enacting body;

(ii) Whether administrative penalties, administrative licences, administrative enforcement and administrative fees are in conflict with the law;

(iii) Whether there is a violation of norms that detract from the legitimate rights and interests of citizens, legal persons and other organizations or increase their obligations;

(iv) The existence of other circumstances that violate the laws, regulations and regulations.

Article 13 has been reviewed and found that administrative normative documents are in violation of the law, and the Government's rule of law bodies should make their own amendments or review opinions. The organs should modify or repeal administrative normative documents in accordance with the review.

Article 14.

Article 15 Government rule of law institutions should strengthen guidance and oversight on the work of the administrative normative documents reserve and inform the annual administrative normative documentation files.

In cases where administrative normative documents are not sent or are not submitted on time, the Government's rule of law bodies are advised to establish a deadline for the delivery of the office; they are still not sent, are advised and the deadlines are being changed.

Article 16 develops administrative normative documents that undermine the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the relevant provisions of the Beijing Municipal Accountability Scheme.

Article 17 requests for review of administrative normative documents submitted by citizens, legal persons and other organizations at the time of administrative review or administrative proceedings are implemented in accordance with the relevant provisions of the National People's Republic of China Administrative Review Act or the People's Republic of China Administrative Procedure Act.

Article 18 Decisions, orders and other normative documents issued by the Municipal People's Government are submitted in accordance with the relevant provisions of the Standing Committee.

The law, regulations authorize the preparation of administrative normative documents with the organization responsible for the administration of public affairs, taking into account the provisions.

Article 19 The Monitoring of Administrative Norms of the Beijing Municipalities, published by Order No. 160 of 8 October 2005, was also repealed.