Advanced Search

Qinghai Provincial Administrative Normative Documents And Filing Methods

Original Language Title: 青海省行政规范性文件制定和备案办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Administrative normative documentation in Blue Heavy Province

(Adopted by Decree No. 99 of 18 November 2013, No. 99 of the People's Government Order No. 99 of 18 November 2013)

Chapter I General

Article 1, in order to regulate the formulation and documentation of administrative normative documents in the province, enhance the oversight of administrative normative documents, preserve the rule of law and promote the administration of the law and develop this approach in line with the provisions of relevant national laws, regulations and regulations.

Article 2 of this approach refers to the administrative normative document (hereinafter referred to as normative documents), which, in addition to the regulations of the Government, has been developed by organizations authorized by the executive organs and legal texts, covering the rights obligations of citizens, legal persons or other organizations, which have been applied repeatedly within a period of time and are generally binding.

Article 3

This approach is not applicable in the internal system of work within the executive branch, the decision on the removal of personnel, administrative decisions on specific matters, and documents such as requests, reports, etc. to senior administrative bodies.

Article IV provides for normative documents in accordance with the law by the Government of the people at all levels, the people at the district level and organizations authorized by the law.

The procedural coordinating bodies of the executive organs, interim bodies, sector dispatch agencies, sector-based institutions, and institutions in the sector are not allowed to develop normative documents.

Article 5

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

(ii) Maintenance of the unity and political order of the rule of law;

(iii) Harmonization of mandates and responsibilities;

(iv) There is a need for re-entry, vetting and recklessness.

Drafting

Article 6. Nor shall normative documents create the following:

(i) Administrative licences;

(ii) Administrative penalties;

(iii) Administrative coercion;

(iv) Administrative fees;

(v) Other provisions should be made by law, regulations and regulations.

Paragraph (iv) of the previous paragraph shall not be provided with the exception of the normative documents established by law by the Government of the Provincial People and the provincial financial authorities, the provincial price authorities.

Nor shall normative documents impose specific provisions on the implementation of laws, regulations, regulations and regulations, the obligation of citizens, legal persons or other organizations shall not exceed the rights of citizens, legal persons or other organizations.

Article 7. Normative documents should be drafted by the development body.

The normative documents of the Government are drafted by the Executive Office of the People's Government at this level (rooms) or may also be drawn up by one or several of its working sectors. Sectoral normative documents are drawn up by the work sector to identify its relevant institutions or subsidiary bodies.

Article 8. Drafting normative documents should conduct research on their legitimacy, necessity and feasibility, as well as on the elements of issues to be addressed, the main systems to be established or the main measures to be set.

Article 9. The executive organs drafting normative documents should take the form of colloquiums, hearings, arguments and the publication of the draft normative documents to listen widely to the views of relevant organs, organizations and citizens and relevant expert scholars.

The Drafting Unit should study the draft normative document by the relevant organs, organizations and citizens and relevant expert scholars.

Article 10. Relevant bodies make important differences in the draft normative documents, which should be fully consulted with the relevant bodies; and after consultations, they are still unable to reach agreement, they request coordination or decision by the common superior administrative organs. Coordination of the treatment of major disagreements and recommendations should be set out in the drafting note.

In one of the following cases, the drafting of normative documents should organize expert meetings:

(i) The legitimacy, necessity or feasibility of developing normative documents would require further evidence;

(ii) The professional and technical nature of the content;

(iii) The scientific, operational and operational nature of policies, measures or systems to be established;

(iv) Will lead to greater financial inputs or increased social costs;

(v) The drafting unit considers it necessary.

In one of the following cases, hearings should be organized when drafting normative documents:

(i) Directly involve the interests of citizens, legal persons or other organizations, where stakeholders have significant differences of opinion;

(ii) There are significant differences of opinion in relation to major public interest;

(iii) The drafting unit considers it necessary.

Chapter III Review

After the signing of the draft articles by the main holder of the drafting body, a review of legality by the rule of law body should be submitted in a timely manner.

The normative documents of the Government of the people at the district level should be subject to a review of legitimacy by the current Government's rule of law body.

Sectoral normative documents should be subject to a review of legitimacy by the rule of law institutions in this sector.

The normative documents of the commune (commune) government should be reviewed by the commune (communes) people's rule of law staff. Staff members are not in a position to do so should be reported to the State-level rule of law institutions.

Article 14. When the drafting cell reports the review of the legality of normative documents, the following materials should be made available:

(i) A copy of the normative document;

(ii) Drafting notes (including the purpose, the need, feasibility, the basis for the drafting of a brief process, the main issues to be addressed, the main measures provided for, inter alia, advice and adoption);

(iii) Relevant material for consultation;

(iv) Other relevant information (including hearings, research reports and references, etc.).

The main elements of the review of legality are:

(i) Whether it goes beyond the statutory competence of the organ concerned;

(ii) Are incompatible with the laws, regulations, regulations and relevant policies;

(iii) Does not violate the prohibition provisions of article 6 of this approach;

(iv) In conformity with the procedures for the development of normative documents;

(v) Does conflict with the relevant normative documents;

(vi) Other elements requiring review.

Article 16 Governments and sectoral rule of law institutions should complete the review of the legality of the submission of normative documents within 15 working days of the receipt of material consistent with Article 14 of the present approach. As special circumstances cannot be completed within a specified period of time, 10 working days may be extended by the head of the rule of law, with the approval of the head of the rule of law body, and the reasons for the extension are communicated to the drafting unit.

The review of the rule of law body should be made in writing.

Article 17 is delivered in one of the following cases, and the rule of law enforcement agencies may return them or require the drafting units to revise and resubmission the material:

(i) The basic conditions established are not ripe;

(ii) There are greater problems identified in the review;

(iii) No relevant material is provided under article 14 of this approach;

(iv) There was no agreement with the relevant units on significant differences of opinion.

Chapter IV Decisions and publication

After the adoption of the draft normative document, the decisions of the Conference shall be brought to the attention of the competent organ concerned.

The normative documents developed by the Government of the Provincial People relate to important matters, which should be considered by the Standing Committee of the Provincial People's Government, and other normative documents could be reviewed by the main heads of State; normative documents developed by the State, the Government of the county and district levels should be considered by the Standing Committee of the People's Government; normative documents developed by the communes (communes) people's Government should be considered by the Director-General's office.

Sectoral normative documents should be considered by the development of office.

Article 19, in response to sudden events, urgent orders and decisions by executive superior administrative bodies, requires the immediate development and implementation of normative documents that can simplify the process and review decisions by the principal heads of the design bodies, but should be reported in a timely manner to the Standing Committee or the office of the Unit.

Article 20 Normative documents should be signed by the principal holder of the organ or the relevant heads of its mandate.

After the signing of the normative document, a uniform registration, unity number and unity of publication should be sent to the governing body of the rule of law of the current people. Unregistered registrations, uniform numbers and uniformed normative documents are null and void and cannot be used as a basis for the administration.

The publication and issuance of normative documents should be registered in accordance with the provisions.

Article 21 Normative documents should be made available to society through the Government's bulletin or the Government's website; normative documents dealing with major public interests should also be published in the newspapers and other media published in the present administration region.

The State of self-government, the autonomous district, which publish normative documents, should be based on actual needs, with the publication of a common national language version.

Article 2 shall be implemented after 30 days of the date of publication, except for legal, regulatory, regulatory and national policy implementation due to the need for national security, public interest, or if the publication does not immediately apply.

Documentation and registration

Article 23 shall, within 20 days of the date of publication of normative documents, communicate the following provision:

(i) The normative documents developed by the Government of the Provincial People's Government, the State (market) people's Government, which are presented to the provincial authorities for the rule of law;

(ii) The normative documents developed by the State (market) People's Government, the district-level people's Government, which are presented to the State (the city) people's rule of law institutions;

(iii) The normative documents developed by the Government of the People at the district level, the communes (communes) and the Government of the People's Deputies in the District;

(iv) The normative documentation developed by the Government of the people at the district level by a body established by law and sent a request to the people's Government's rule of law body established by the dispatching agency;

(v) The normative documents developed by organizations mandated by the law and regulations are presented to the competent body responsible for the administration of the organization's rule of law.

Two or more administrative bodies have jointly developed normative documents, which are sent by the host executive body.

Article 24, when the normative documents are sent, reports should be submitted, formal texts, drafting notes, and electronic text 1.

Article 25 Normative documents that are submitted to the file are in compliance with the conditions in which the Government's rule of law working body should be registered within 20 working days of the date of receipt and the letter of registration of normative documents.

The material submitted in the submission is not a normative document referred to in article II of this approach, or is not in accordance with article 23 of this approach, and the rule of law working body does not register and, within 10 working days of the date of the receipt, the letter of non-registration of the normative document is returned to the material and the reasons for it.

The material submitted in the file was not in accordance with article 24 of the present methodology, and the rule of law working body should inform the development body of the material to be added within 10 working days; it was subsequently in compliance with the provisions.

Article 26 The Government's rule-of-law body should review the following matters of normative documentation for the submission:

(i) The content of the review of legality under article 15 of this approach;

(ii) In conformity with the procedures set out in Articles 13, 18 and 20 of this approach;

(iii) Whether it is made public in accordance with article 21 of this approach;

(iv) The application of simplification of procedures, or the application of no later than 30 days from the date of publication, is in compliance with the relevant provisions of this approach.

In reviewing normative documents by the Government's rule-of-law working body, it is necessary to make observations, provide the basis for or assist organizations that are mandated by organs, departments and legal texts.

The following provisions should be addressed in accordance with article 28 of the Government's rule of law body's normative document review of the submission of the submission:

(i) The failure to detect the existence of a violation of the normative document and the granting of a request;

(ii) The absence of a finding of a violation of normative documents, but there is a reasonable or drafting error that requires the attention of the development body, the granting of a request and the accompanying written review;

(iii) The existence of a normative document that is incompatible with or manifestly inappropriate, does not require the development of an institution's time frame, repeal or cease the implementation of the normative document component and the written review of all content;

(iv) The process for the development of normative documents, the form of publication that is not in accordance with the relevant provisions of this approach, and may request the establishment of organs to cease the implementation of the normative document, the time-bound process and the issuance of written review observations.

Article 29 contains the circumstances set out in article 28, subparagraph (c), subparagraph (iv), of the present approach, and the establishment of organs shall, from the date of receipt of written review observations, be completed within 20 working days, the cessation of implementation, conversion or repeal of normative documents, and will report the results in writing on the Government's rule of law institutions.

By refusing to implement or delay the written review of views in accordance with the provisions of the previous paragraph, the Government's rule of law working body could report on decisions taken by the Government of the current people to change or withdraw the normative document.

The organ has received changes or cancelled the decisions of normative documents and should be implemented immediately, and the implementation of a written report on the Government's rule of law institutions.

Article 33 The Government's rule of law body should publish, on a regular basis, a directory of normative documentation for the granting of a request, through the Government's website or the Government's bulletin.

The Government of the people at the district level decides to change and withdraw normative documents, and the Government's rule of law institutions should be made available to society in a timely manner through Government websites or government bulletins.

Chapter VI Oversight management

The recommendation of a written review by citizens, legal persons or other organizations of the executive organs and governmental rule of law bodies that have been published should be verified and that normative documents are not presented or identified as problematic and should be corrected and processed in accordance with the relevant provisions of this approach.

Article 32 should establish an effective period for normative documents. The period of effectiveness has not been established for a period of five years; the term “provisional”, “Time pilot” has been identified for two years.

Effective expiry and normative documents have no effect. In the opinion of the organs that need to be continued, the content is not revised and should be replicated; the content needs to be revised should be redrafted and published in accordance with the relevant procedures of this approach.

Article 33 establishes the organ to clean up normative documents every two years. The whole-provincial normative document clean-up is coordinated by the Government of the Provincial People. 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 the provisions of laws, regulations, regulations and national policies;

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

(iii) Adjustment targets are not available;

(iv) Be incompatible with relevant normative documents;

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

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

When the normative document is cleared, it should be reviewed by the body of the rule of law established. Following the clean-up of normative documents, the development body should make the list of normative documents to be decided to repeal, invalidate.

Article 34 Governments of more people at the district level should incorporate normative documentation in the administrative conduct of the executive branch.

Article XV of the Government's rule of law institutions at the district level should conduct monitoring of normative documents in the same sector and the development and documentation of normative documents of the lower-level government, as well as the establishment of monitoring reports and reporting to the governing bodies of the rule of law at the highest level.

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.

The Government's rule of law body should provide regular briefings on the review of normative documents.

In violation of this approach, there are one of the following cases, which are communicated by the Government of the above-ranking people or by the Government's rule of law bodies; in the event of serious and negative consequences, by the competent authorities to take administrative action in accordance with the law:

(i) Non-representation or non-representation of normative documents, which are still not resubmitted;

(ii) Sustain or reject the implementation of the decisions of the Government of the people at the district level or the written review of views by the Government's rule of law bodies;

(iii) Undocumented normative documents violate the legitimate rights and interests of citizens, legal persons or other organizations.

The rule of law body has received no review of the normative document or no corrective action on the issues identified in the review, which is being modified or communicated by the Government of the people at this level; in the event of serious, negative consequences, the executive disposition of the persons responsible for the leadership and other direct responsibilities by the competent department.

Chapter VII

Article 38 of this approach is implemented effective 1 March 2014. The Normative Documents Depositment of the Blue Sea, published by the Government of the People of the province on 24 February 2004, was also repealed.