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Lanzhou City Administrative Normative Documents And Filing Requirements

Original Language Title: 兰州市行政规范性文件制定和备案规定

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Chapter I General

Article 1 enhances oversight of administrative normative documents, preserves the rule of law and promotes the administration of the law, in accordance with the provisions of laws, regulations and regulations, such as the People's Congress and the People's Government at the local level of the People's Republic of China.

The administrative normative document referred to in this article (hereinafter referred to as normative documents) means that, in addition to the Government's regulations, organizations that are mandated to administer the functions of public affairs (hereinafter referred to as mandated organizations), in accordance with the statutory competence and procedures, which involve the rights, obligations and obligations of citizens, legal persons and other organizations, are generally binding and may be applied repeatedly within a specified period of time. Normative documents are divided into governmental normative and sectoral normative documents. The normative documents developed by the people's governments on behalf of themselves are normative documents of the Government; the work sector of the people at the district level and the normative documents developed by the organization on its own behalf are sectoral normative documents.

Article 3

The internal system of work and technical operational protocols developed by the executive bodies on matters such as personnel, finance, inspection, audit and etc. are not applicable.

Article IV

(i) Maintain the unity of the rule of law and guarantee the freeness of political orders;

(ii) In accordance with the legislative authority and procedures;

(iii) Consistency with responsibility;

(iv) Sustainability, integrity and integrity;

(v) Maintenance of the legitimate rights and interests of citizens, legal persons and other organizations.

Article 5 Governments at all levels should establish a sound normative document management system that incorporates normative document management into the legislative and administrative aspects, with specific work being carried out by the rule of law institutions of the people at the district level.

Article 6 More than the people at the district level, as well as the rule of law institutions mandated to organize the review of the legitimacy of the normative documents of this unit.

The following Article 7 bodies shall not formulate normative documents:

(i) Interim institutions;

(ii) The internal structure of the executive branch;

(iii) dispatch agencies of the executive branch;

(iv) Institutions entrusted to law enforcement by administrative organs;

(v) Proceedings coordination bodies.

Article 8 does not have a legal, regulatory and regulatory basis, and normative documents shall not create the following:

(i) Administrative licence matters;

(ii) Administrative penalties;

(iii) Administrative coercive matters;

(iv) Administrative requisition and expropriation;

(v) Administrative charges;

(vi) Approval of non-administrative licences;

(vii) Other matters provided by law, regulations, regulations or superior administrative bodies.

Nor shall normative documents impose specific provisions on the implementation of laws, regulations, regulations and regulations that may not add the obligation of citizens, legal persons or other organizations to limit the rights of citizens, legal persons and other organizations in conflict with the law.

Article 9. The name of normative documents generally states as “the provision”, “The approach”, “rules”, “decisions”, “exceptions”. In order to implement the legal, regulatory, regulatory and normative documents of the superior administrative organs, the name of which is the phrase “implementation”. Normative documents are generally formulated in the form of provisions. In addition to the complexity of the content, chapters and sections are generally different.

Chapter II

Article 10 Normative documents should be drafted by the development body.

The drafting of normative documents by more than one of the people's governmental organizations at the district level may determine whether they are specifically responsible for drafting. The content of normative documents relates to two or more sectoral mandates, which should be co-drafted by two or more sectors; joint drafting should be hosted by one sector and other sectors. The normative documents of a high degree of professionality and social attention can be entrusted to higher institutions, scientific institutions, other social organizations and experts.

Drafting normative documents should be in line with the following provisions:

(i) In conformity with the Constitution, laws, regulations, regulations and regulations and incompatible with existing effective normative documents;

(ii) To insist on the need, targeting and feasibility of practical terms;

(iii) The content specified in laws, regulations, regulations and superior normative documents is no longer repeated;

(iv) The precise norm of terms and the clarity of the provisions;

(v) The use of the language is correct and is in line with the regulatory requirements of the party's political bodies.

Article 12 Draft normative documents, develop bodies should conduct research on the need and feasibility of developing normative documents and conduct research on issues to be addressed in normative documents, key systems to be established or key measures to be specified.

Article 13 Drafts normative documents and the drafting sector should hear the views of the relevant organs, organizations and executives or experts. The drafting sector should seek the advice of the relevant units in writing and may take other ways of convening colloquiums, opinions, hearings or public inquiries to the public on the basis of actual needs.

Article XIV provides normative documents to be issued by the Government of the people at the district level, which, after the first instance of the rule of law institutions in the drafting sector, seek the views of the parties and collectively consider the relevant meetings in the drafting sector, form a draft report to be submitted to the authorities of the Government.

Article 15. The drafting sector shall submit the following documents and materials and the corresponding electronic file when presenting the draft normative document of the Government:

(i) Reports and draft texts to be reviewed;

(ii) Drafting notes;

(iii) The basis for normative documentation;

(iv) Relevant material for consultation;

(v) Other relevant materials.

Article 16 of the Government's rule of law bodies or sectoral rule of law bodies are responsible for the review of the draft normative documents. The main elements of the review of legality include:

(i) Whether it is necessary and enforceable;

(ii) Does not go beyond the scope of the legislative authority or legislative, regulatory and regulatory mandates of the organs;

(iii) Are incompatible with the laws, regulations, regulations and the relevant policies of the State and the province;

(iv) Does not violate the prohibition provisions of article 8 of this article;

(v) Whether the procedure for hearing opinions in accordance with the provisions of article 13 of this provision;

(vi) Does conflict with the relevant normative documents;

(vii) Other needs to be reviewed.

Nor shall normative documents reviewed without the legitimacy of the rule of law organs be submitted to the Standing Committee of the Government or to sectoral meetings to discuss decisions.

Article 17 The Government's rule of law bodies are subject to review of the draft Government's normative documents and need to seek the views of the relevant departments, which should respond in writing within the time frame. The late failure to respond to comments was seen as no change. The relevant sectors have important divergent views on the content of the draft Government's normative documents and should organize trade and coordination, which are still unable to reach agreement and request the Government to decide.

The draft normative document was one of the following cases, and the Government's rule of law bodies could return it back to the drafting sector or require the drafting sector to revise and resubmit to the review:

(i) The existence of greater problems in the review of legitimacy;

(ii) No relevant material is provided in accordance with article 15 of this provision;

(iii) The relevant bodies have important differences and reasons for the content of the draft.

Draft Government normative documentation should be considered by the Standing Government Conference. The draft sectoral normative document is subject to review by the rule of law body of this sector, which is in line with the relevant provisions of the present provision and provides written review and submits the relevant decisions of the Conference.

In one of the following cases, the procedure established under Articles 13, 17 and 19 of this provision may be simplified, and the draft normative document, subject to the approval of the rule of law body, may be brought directly to the decision or signature of the principal organs of the enacting State:

(i) To ensure national security, economic security, social stability and other major public interest in the prevention, response and disposal of sudden events such as natural disasters, accidents, public health incidents and social security, and the immediate development and implementation of normative documents;

(ii) Execution of emergency orders and decisions by superior administrative bodies and the need for immediate development and implementation of normative documents;

(iii) Interim measures requiring immediate implementation;

(iv) Authorize the regular adjustment and publication of standards in accordance with laws, regulations and regulations;

(v) There is a need to simplify other conditions in the process.

Article 21 Normative documents should be issued by the principal holder of the design body.

The publication of normative documents should contain elements such as the formulation of organs, books, names of documents, date of publication and date of implementation.

Article 2 Nor shall be the basis for the implementation of the administrative management. Normative documents should be made available on the Government's public information website and can be published through press, magazines, radio and television.

The Government of the communes (communes) should establish a notice column in public places to publish its normative documents. The publication was not less than 30 days.

Article 23 establishes the date of implementation of normative documents by organs. Normative documents have been carried out after 30 days of the date of publication, but there are cases referred to in article 20, subparagraph (i), subparagraph (ii), subparagraph (iii) of this provision, or if they are not immediately followed by laws, regulations, regulations and national policy implementation.

Article 24 regulates the interpretation of normative documents by the designating body.

The organs shall not authorize the competent department or the subordinate body to exercise the right to interpret normative documents.

Article 25 should provide for an effective period of time for normative documents, the expiry of their effectiveness and the automatic invalidity of normative documents. The duration of effectiveness should not exceed five years; the name became “a pilot” should not exceed two years, and “provisional” should not exceed one year.

Chapter III

Article 26

Article 27 should be sent within 15 days of the date of publication to the normative document in accordance with the following provisions:

(i) The normative documents developed by the Government of the People of the city, which are presented to the provincial authorities of the rule of law;

(ii) The Government of the People's Republic (zone) and the normative documents developed by the Ministry of the People's Government's work are presented to the Government's rule of law institutions;

(iii) The Government of the People's Republic, the district (zone) People's Government's normative documents developed by the People's Government's work sector (zone) are submitted to the National Rule of Law Institutions;

(iv) Two or more administrative bodies jointly issued normative documents, which are sent by the host executive organs in accordance with subparagraphs (ii), (iii);

(v) Authorize the organization to produce normative documents that directly regulate the institutionalization of the organization's people's Government.

The following materials and the corresponding electronic text should be submitted to all levels of government rule of law when the normative documents are sent to the list:

(i) Ten reports on the normative documents reserve;

(ii) 10 formal versions of normative documents;

(iii) Drafting notes, setting the basis and five related materials in normative documents. Incompatible with the above-mentioned provision, the Government's rule of law body was resubmitted.

Article 29 normative documents for the filing of a request are in compliance with articles 2, 28 and 28 of the present provision.

Article 33 The Government's rule of law body should conduct a review of the normative documents submitted in accordance with article 16 of the present article.

Article 31 of the Government's rule of law institutions shall notify the competent organ of the opinion on the review of normative documents within 30 days of the date of receipt of the submission of the submission of the material; a professional comparison or special case shall be extended by 15 days with the consent of the Head of Government Rule of Law Institutions. The extension of the period of review should be informed of the establishment of the body.

Article 32 defines the normative document on the problems identified after the review of the request, which is addressed in the following provisions:

(i) Normative documents are incompatible with laws, regulations, regulations, superior normative documents or are inappropriate, and, with the advice of the Government's rule of law bodies, are withdrawn, modified or corrected by the designating body within 15 days;

(ii) The procedure for the development of normative documents is not in accordance with the relevant provisions of this provision and, with the advice of the Government's rule of law bodies, the development of organs to cease the implementation of the normative document and to review the publication after the provision of the procedures.

(iii) The normative documents of both or more sectors are inconsistent with the provisions of the same matter, coordinated by the Government's rule of law bodies and cannot be agreed upon in a coordinated manner and are presented to the Government of the current rank.

The Government's rule of law body should, in accordance with the provisions of subparagraphs (i), (ii) above, make a reference for the review of normative documents.

Article 33 citizens, legal persons or other organizations consider that normative documents are incompatible with legal, regulatory, regulatory and superior normative documents, or that normative documents are considered to be contradictory, may make written proposals to the governmental rule of law body responsible for the review of the normative document.

Written suggestions made by the Government's rule of law institutions for citizens, legal persons or other organizations should be made within five working days to receive or be inadmissible. The Government's rule of law bodies should be reviewed in a timely manner by law and responded to the applicant within 30 working days from the date of receipt; the grounds for the inadmissibility should be explained.

Article 34 of the Government's rule of law institutions should regularly grant the list of normative documents to the social announcement through the Government's public information website. The Government of the State of the city or the district (zone) has taken a decision to change and withdraw normative documents, and the Government's rule of law institutions should communicate to society in a timely manner through the Government's public information website.

Article 33 fifiers should send the directory of normative documents developed by this body to the Government's rule of law bodies by 20 January each year.

The Government's rule of law institutions should strengthen monitoring of the development and filing of normative documents and identify the need for the presentation of normative documents that should be submitted without presentation, and urge the establishment of an institutional deadline for updating.

Article 36 Government rule of law institutions should make annual reports to the current Government by the end of January of each year on the review of the prior year's normative documents, taking into account the top-level government rule of law institutions.

Article 37 The Government's normative documents were issued with the Government's rule of law bodies to register and regulate their numbers. After the issuance of sectoral normative documents, the drafting sector will report normative documents and related materials to the same-level government rule of law bodies, with the approval of the same level of government rule of law bodies, to be unified in the registration, classification and management.

Article 338 The establishment of an electronic reserve system for normative documents and post-assessment systems to improve the quality and effectiveness of the work of the normative documents reserve.

Article 39 of this city's normative document introduces a system of regular clean-up, which is cleared every two years, with special circumstances being cleared, and the results of the clean-up are made available to society in a timely manner.

One of the following cases is the timely organization of the clean-up of relevant normative documents by the development body or by the drafting sector:

(i) Be inconsistent with or unfounded with the provisions of laws, regulations, regulations and national policies due to adjustments, repeals;

(ii) Unlike the provisions of new legislation, regulations, and national policies;

(iii) Adjustment targets are not available;

(iv) Contrary to relevant normative documents;

(v) Including inappropriate elements such as local protection, industrial protection;

(vi) Failure to adapt to economic and social development needs;

(vii) The requirement for a change in Government functions is inconsistent.

After the finalization of the normative document, the legitimacy review should be carried out by the rule of law institutions in which the organ was established. Following the clean-up of normative documents, the development body should make the list of normative documents to be decided to repeal, invalidate.

Chapter IV Legal responsibility

Article 40 establishes procedures for the establishment of organs in violation of normative documents, one of which is criticized by the governmental rule of law responsible for the review of the case-by-case review, for the period of time being rectified; for the purpose of causing adverse or grave consequences, by the governmental rule of law responsible for the review of the proceedings to draw the Government to withdraw its normative documents and recommends that its competent authorities or the inspectorate provide administrative disposal in accordance with the law:

(i) In violation of article 8 of the present article, the unlawful issuance of normative documents;

(ii) Abstracting normative documents;

(iii) normative documents dealing with important matters or the interests of the people, which are not open to the society;

(iv) Failure to review the legitimacy of its rule of law institutions or to adopt the review of the legitimacy of its institutions, resulting in the unlawfulness of the normative documents issued.

Article 40 establishes one of the following cases in which the time limit is changed and criticized by the Government's rule of law responsible for the review; rejects the correctness and brings the present Government to the end of the normative document and recommends that its competent authority or the inspectorate give administrative treatment under the law:

(i) Is the publication of normative documents not available;

(ii) No submission of the normative document in accordance with the provisions;

(iii) Disadvantages, late issuances, concealment of normative documents that should be reported, and are still not resubmissioned;

(iv) To reject the implementation of the Government's jurisprudence review.

Article 42 of the Government's rule of law bodies have not been reviewed, submitted and examined normative documents in accordance with this provision and have been dismissed, and are criticized by the Government's accountability period. In serious circumstances, the adverse consequences have resulted in the administrative disposition of their principals and those directly responsible.

Annex to chapter V

Article 43 The provisions on the development and documentation of administrative normative documents in the city of Land, issued on 14 May 2008, were also repealed.