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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  First to strengthen oversight of administrative normative document, protect the legitimate rights and interests of citizens, legal persons and other organizations, maintaining national unity of legal system, based on the Archivist filing of regulations and regulations and other relevant provisions of the State Council, considering the actual situation in the city, these provisions are formulated.

Provisions of this article apply to the municipal administrative normative documents for record.

This provides by said administrative normative file, is refers to city government work sector, and district people Government and work sector, and township government (following collectively developed organ) developed of, involved citizens, and corporate and other organization right and obligations, has general binding of file; not including developed organ of internal system, and personnel appointment decided, and on specific matters of processing decided, and involved key and law not foreign announced of file.

Departments in these rules, including the municipal and district people's Government departments, agencies and the vertical management departments in the city.

Article III administrative normative document recording, sticking to hierarchical supervision, legal review, there is necessary, the principle of errors shall be corrected.

Article fourth organ responsible for the legality of administrative normative document.

Filing administrative normative documents, document processing requirements shall comply with administrative authorities, in line with the development of statutory rights and responsibilities, in line with the provisions of the laws, regulations and rules shall derogate from or the legitimate interests of citizens, legal persons and other organizations to increase obligation.

Fifth submission filing administrative normative documents, shall comply with the following requirements: (a) legal institutions has developed a legal audit, (ii) to the citizens, legal persons and other organizations of the right and obligation to have a direct impact on administrative normative documents, brainstorm has developed organs; (c) the administrative normative documents have been released.

Article sixth organization should administrative normative documents published in the 30th to submit for the record.

Submit administrative normative documents for the record, the enacting body shall submit for the record reporting administrative normative documents and official texts and electronic texts.

Record report shall set forth the development of the administrative normative document according to description, objectives, main content and legality audit and so on.

Article seventh municipal people's Government departments and district administrative normative document developed by the people's Government, submitted to the municipal people's Government for the record.

Township people's Government and the district people's Government departments of administrative normative document, submitted to the district people's Government for the record.

Two or more departments jointly developed by normative documents, the sponsoring department submit the people's Governments at the corresponding level for the record.

Eighth of municipal and district people's Government Affairs Office (hereinafter referred to as the Government legal organization), specific administrative normative documents submitted to the people's Governments at the corresponding level for the record. Nineth submission filing administrative normative document registered by the Government legal agencies.

Registered normative documents, government legal agencies should be posted on the Government Web site on a monthly file directory.

Record document format, developed by the legal institutions.

Tenth government legal organization can adopt centralized review, random checks and inspections, review of administrative normative document to submit for the record; the need for relevant information or provides related materials, developing organs should be provided in a timely manner as and when required.

Government legal agencies may seek advice through feasibility study meeting, written to the relevant experts in the field of consulting, professional organizations, experts, lawyers and other professionals and organizations involved in the review process.

11th State organs, social organizations, enterprises and institutions and civil administrative normative document is considered illegal, made requests for review or the review of recommendations, reviewed by the Government legal organization, study, and upon completion of the review, research feedback.

Review request or review proposals shall clearly state the requirement review or review of administrative normative document name, and reason, and more.

12th article government legal institutions on following matters for review: (a) whether beyond developed organ of statutory duties permission; (ii) whether illegal set administrative punishment, and administrative license, and administrative forced, and administrative charges,; (three) whether illegal set derogation citizens, and corporate and other organization lawful rights and interests of or increased its obligations of specification; (four) whether exists violation legal, and regulations, and regulations of other case. 13th, upon examination, found that administrative normative documents cases of illegal, government legislative bodies should be made to the enacting body to modify or repeal the review.

The enacting body shall review administrative normative documents were amended or annulled.

Article 14th administrative normative document is not under review for modification or repeal of, government institutions should be put to the people's Governments at the corresponding level of the legal system the proposed removal of the administrative normative documents, decided by the municipal or district people's Government.

15th government legal agencies should strengthen the administrative normative documents record for guidance and supervision, and to inform the administrative normative documents for the record of the year.

Do not submit administrative normative documents record or not submitted on time record, notified by the Government legal organization set deadlines to submit; still not submitted overdue, give notice and rectification.

Article 16th administrative normative documents, damage the lawful rights and interests of citizens, legal persons and other organizations, in accordance with the relevant provisions of the Beijing Municipal administrative accountability approach accountability.

17th a citizen, legal person or any other organization in the administrative reconsideration or administrative normative document review request to the administrative proceedings, in accordance with the People's Republic of China administration reconsideration law or the People's Republic of China administrative litigation law of the relevant provisions.

18th decisions and orders issued by the municipal people's Government and other regulatory documents, in accordance with the relevant provisions of the municipal people's Congress for the record.

Laws and regulations authorized to administer public affairs administrative normative documents record the work of the Organization, and with reference to these provisions. The 19th article of the provisions come into force on July 1, 2016. October 8, 2005, released by the Beijing Municipal People's Government, the 160th of the Beijing Municipal administrative normative documents for record monitoring repealed simultaneously.

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