Normative Documents, Xuzhou City Approach

Original Language Title: 徐州市规范性文件制定办法

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  First to standardize the normative documents, procedures, maintaining national unity of legal system, promoting administration according to law, Jiangsu Province, according to the normative documents and filing regulations and other relevant laws and regulations, combined with the city's actual, these measures are formulated.

The second article of the normative document referred to, is defined by the municipal administrative organs in accordance with legal rights and procedures developed, involving rights and obligations of citizens, legal persons and other organizations, generally binding, can be repeated files outside of the applicable government regulations. The third article of the municipal administrative organs of normative documents, should comply with these measures.

System and management system of administrative organs, Administrative Department for instructions and reports, on specific issues to make a decision of administrative handling, these procedures do not apply.

Fourth city, County (city, district) people's Government (hereinafter referred to as city and county governments) legal organization for the people's Governments at the corresponding level of normative documents of the legal audit, municipal or County Department of rule of law institutions are responsible for the drafting, development of normative documents of legal review.

Article fifth the following administrative bodies (hereinafter referred to as the enacting body) can establish normative documents: (a) the city and county governments and their departments; (b) town government; (c) the city and county governments is established according to law agencies.

Non-standing body established by the city and county governments, city and county offices, organs and subsidiary bodies of the Executive, shall make no normative documents. Sixth city and county people's Government departments and agencies established by law, the town people's Governments shall be subject to strict control of normative documents.

Is needed, should the consent of city and county governments.

Article seventh normative documents, should be guided by the following principles: (a) comply with legal rights and procedures, maintain the uniformity of the legal system, (ii) for the protection of administrative organs shall exercise functions and promote transformation of government functions, (iii) protect the legitimate rights and interests of citizens, legal persons and other organizations.

Article eighth regulatory documents shall be based on the use of "rules", "way", "rule", "rule", "notice", "command", "decisions" and "opinions" name. Normative document provisions or paragraph form can be used. Name of "rules", "way", "rules", form the General provisions.

Apart from the complex, and are generally not divided into chapters and sections.

Normative contents of the file should be clear and specific, with maneuverability; to be precise and concise; text and punctuation should be correct and standard.

Nineth normative documents may not be set to the following matters: (a) administrative license; (b) the administrative penalty, (iii) administrative enforcement; (d) the administrative fees; (v) the expropriation (vi) establishments and other should be determined by law, regulations, regulatory matters or to a superior administrative authority.

Normative documents specifically provide for the implementation of laws, rules and regulations, it shall not be unlawful to increase obligation of citizens, legal persons or other organizations may not be illegally restricting the rights of citizens, legal persons or other organizations.

Tenth law, rules, regulations or by the normative documents have clearly defined contents, provisions in principle not repeat normative documents; no additional content is no longer developed.

11th draft normative documents, should be on the necessity and feasibility of developing normative documents and the need to address the issue, proposed the establishment of the main measures for research or demonstration of the main system.

12th draft normative documents, drafting units should listen to relevant organs, organizations, private party, or expert opinion.

Hearings generally take a written request for the authorities concerned, held seminars and other means, and can according to the actual need to take feasibility study meeting, hearing and consult the views of the public. 13th draft normative documents involving significant public interests, or directly related to the area of most citizens, legal persons and other organizations benefit, should consult the public opinion.

Public opinion has significant differences that may affect social stability, or laws, regulations, rules and regulations should be hearing, the drafter shall organize the hearing.

Normative documents involves major administrative decisions, apply the provisions of major administrative decision-making procedures.

14th drafting units should be citizens, legal persons or other organizations to submit comments to research, rational views should be accepted.

The relevant administrative authorities differ greatly from their views on the draft regulatory documents, drafting units should be coordinated; coordinated fail to reach an agreement, reported a higher administrative authority or decide on coordination. 15th article reported to the city, and County Government released normative file, drafting units should submitted following material: (a) reported to the released of asked; (ii) normative file draft trial draft; (three) drafting description (including developed of need, and intends provides of main system and measures, and sought views situation and major differences views of coordination situation,); (four) drafting normative file of developed according to; (five) other about material (including sought views of about material, and summary of views, and hearing record, and research report, and

Related references, etc).

16th of municipal and county offices should be provided for under this article 15th material referred to the Government legal organization for legal review.

Legal audit mainly consists of the following elements: (a) whether normative documents, (ii) whether permission to go beyond the enacting body; (c) the content is legal, procedures for compliance and (iv) primary system and measures are reasonable and feasible; (e) the specification for style and structure and wording. 17th article legal audit in the found of problem, according to following provides handle: (a) drafting units submitted of material not meet this approach 15th article requirements of, can stride, and requirements drafting units added material or returned drafting units; (ii) provides of matters beyond developed organ statutory permission of, recommends not developed the normative file; (three) main content not legal of, returned drafting units or requirements drafting units research modified; (four) intends established of main system and measures not has feasibility, and rationality,

Style and structure, and wording is not standard, and recommends changes.

18th legal organization after the completion of the audit, review draft regulatory documents completed and written comments submitted by the enacting body.

19th draft normative documents by the enacting body Executive meeting or Office collective consideration and decision.

Draft regulatory documents reviewed and approved or not by law shall not be considered by the Executive meeting of the enacting body or Office.

Having considered the normative documents adopted and signed by the enacting body primarily responsible; the main date of signature, to normative documents as of the date of.

20th article has following case one of, need immediately developed and purposes normative file of, can directly drew attention to the city, and County Government main head or its delegate of head decided and signed: (a) for prevention, and should and disposal natural disasters, and accident disaster, and public health event and social security event, burst event of; (ii) implementation superior administrative organ of emergency command and decided of; (three) need immediately purposes of temporary measures; (four) according to legal, and regulations, and regulations authorized routine adjustment and released standard of;

(E) other circumstances as stipulated by laws and regulations. 21st normative documents of unified registration, uniform number, uniform publication.

Two or more administrative organs have jointly developed by normative documents, indicating the competent authorities shall only number.

22nd regulatory documents shall be released to the society published should be convenient to check out citizens, legal persons and other organizations.

Normative documents not released to public, not as the basis for Administration. 23rd regulatory documents shall be implemented since the 30th, after the date of its publication.

Relates to national security and vital public interests, as well as not implemented could affect regulatory documents to implement immediately after the announcement, can come into force on the date of promulgation.

24th after the publication of regulatory documents shall be in accordance with the provisions of the normative documents for the record, submitted to the executive authorities at a higher level for the record.

25th article interpretation of normative documents, the enacting body is responsible for, in the form of regulatory documents published.

Interpretation of normative documents and normative documents have the same effect.

Article 26th modification, revocation and interpreter of normative documents, reference to develop procedures to implement. 27th normative documents valid for not more than five years from the date of execution.

But the name of the normative documents for "notice" period not exceeding one year from the date of execution; name of "provisional", "pilot", valid for not more than two years from the date of execution.

Has expired, if it proves necessary to continue the implementation of, the Executive authority shall, before the expiry of a period of six months, after the enacting body to renew, the report issued to the public; not to renew publishing this normative documents to be terminated automatically.

28th the enacting body shall clean the normative documents on a regular basis, and changes according to the actual situation, as well as laws, rules, regulations and national guidelines and policy adjustments, to amend or abolish the published normative documents.

Continue to be valid after the cleanup, revocation and invalidation of regulatory documents, shall be announced to the public.

29th regulatory documents established by the enacting body in violation of the rules, a higher administrative authority can revoke or to order withdrawn and may hold or the attention of the authorities to hold the parties (in charge) of administrative responsibility. 30th article this way come into force May 1, 2015. November 8, 2006, normative documents, Xuzhou municipal people's Government issued the regulations on the procedure abrogated.