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

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Qinghai provincial administrative normative documents and filing methods

    (October 25, 2013 16th Executive meeting November 18, 2013, the provincial Government of Qinghai provincial government to 99th, published since March 1, 2014) Chapter I General provisions

    First to standardize the administrative normative documents developed in the province and for the record, strengthen supervision and management of administrative normative documents, maintain the uniformity of the legal system, promoting administration according to law, according to the provisions of relevant State laws and regulations, combined with the facts of the province, these measures are formulated.

    Second administrative normative documents referred to herein (hereinafter referred to as normative documents), is subject to government regulations, enacted by the executive organs and organizations authorized by laws and regulations, relating to rights and obligations of citizens, legal persons or other organizations, repeatedly applied in a certain period, generally binding files.

Article development of normative documents in the province, for the record, supervision and management, application of this approach.

    Internal system of administrative organs and personnel appointment and removal decisions, on specific issues to make a decision of administrative handling and higher administrative authorities for instructions, reports, files, these procedures do not apply.

Article people's Governments, the people's Governments above the county level in accordance with the establishment of departments and agencies, authorized by laws and regulations of the Organization, development of normative documents according to law.

    The deliberation and coordination agencies of the Executive, the provisional institutions, departments, agencies, departments, organs, shall make no normative documents.

Article fifth and introduction of normative documents for the record, it should be guided by the following principles:

(A) in accordance with statutory authority and procedures;

(B) maintain the uniformity of the legal system and Government decrees;

(C) the unity of power and responsibility;

    (D) necessary, there will be trial, any mistake will be corrected.

    Chapter II preparation

Normative documents of the sixth article not to create the following:

(A) administrative license;

(B) administrative penalties;

(C) administrative enforcement;

(D) administrative charges;

(E) shall be prescribed by the laws, rules and regulations.

The preceding paragraph (d) shall not set the contents of provincial people's Government and provincial financial departments, the provincial Department in charge of price development of normative documents, except in accordance with law.

    Normative documents on the implementation of specific provisions of the laws, regulations and rules, no additional obligations of citizens, legal persons or other organizations shall not go beyond the provisions of the laws, regulations and rules limiting civil rights, legal persons or other organizations.

Article seventh regulatory documents shall be drafted by the developing organization. Government regulatory documents by the General Office of the people's Governments at the corresponding level (lounge) is responsible for the drafting, can also be identified by their respective one or several sectors of work on behalf of the drafting.

    Sectoral normative documents by the relevant departments to determine their internal body or subordinate bodies.

    The eighth draft normative documents, should be to study the legality, necessity and feasibility, and to solve problems, to be established by the main system or the main measures to be provided for research demonstration.

Nineth draft normative documents of the administrative organs shall take held seminars, public hearings, draft feasibility study meeting and the publication of normative documents etc, widely consulted relevant bodies, organizations and citizens, as well as the views of relevant experts and scholars.

    Relevant bodies, organizations and citizens, as well as relevant experts and scholars to comment on the draft regulatory documents, recommendations, drafting units should be dealing with. Article tenth significant divergence of views on the draft regulatory documents, drafting units should be full consultation with the relevant bodies; consensus still cannot be reached after consultations, submitted to the coordination of common higher administrative authorities or decisions.

    Coordination of major differences of opinion and recommendations dealing with the situation, should be stated in the drafting instructions.

11th under any of the following circumstances, drafting of regulatory documents shall organize relevant experts held feasibility study meeting:

(A) the development of normative documents of legality, necessity or feasibility require further demonstration;

(B) relates to professional and technical;

(C) plans to create a system of policies, measures, or scientific, operational needs further proof;

(D) can lead to large financial investment or increase social costs;

    (E) drafting unit deems it necessary.

The 12th under any of the following circumstances, drafting of regulatory documents shall organize and hold hearings:

(A) directly related to the vital interests of citizens, legal persons or other organizations, all stakeholders, there are significant differences of opinion;

(B) involving significant public interests, there are significant differences of opinion;

    (C) drafting unit deems it necessary.

    Chapter III examines

13th normative document draft drafting unit in charge after the signing, shall be promptly reported to the Office of Legislative Affairs for legal review.

Normative documents of the people's Governments above the county level shall be subject to the level of government legislative affairs agency review of legality.

Sectoral normative documents should be carried out by the Office of Legislative Affairs of the Department legal review. The township (town) people's Government regulatory documents shall be by the township (town) people's Government legal staff review of legality.

    Non-legal staff should be reported to people's Governments at the county level a legal working body for review of legality.

14th when drafting unit to submit regulatory documents review of legality, should provide the following materials:

(A) the normative document draft;

(B) preparation of notes (including the purpose, necessity and feasibility, basis, drafting of summary process, the main problem to be solved, and main measures provided for comments and adoption);

(C) to seek the views of relevant material;

    (D) other relevant information (including hearing transcripts, research reports, and reference materials).

15th legality examination of the main contents are:

(A) beyond the legal authority of the enacting body;

(B) it is inconsistent with the laws, regulations, rules and policies;

(C) the prohibitive provisions contrary to article sixth of this approach;

(D) develop procedures for compliance with the normative documents;

(E) conflict with the related normative documents;

    (Vi) other contents need to be reviewed. 16th the Government and departments a legal working body shall comply with the provisions of article 14th received within 15 working days from the date of the material, complete the review submitted to the legitimacy of the normative documents.

Under special circumstances cannot be completed within the time stipulated in the review, approved by the head of the Legislative Affairs Agency, can be extended by 10 working days, and will extend the reasons for drafting units.

    Review of the Office of Legislative Affairs should be made in writing.

Article 17th of normative documents draft one of the following circumstances, a legal working body can return them, or to draft amendment after the unit reported to the review:

(A) establish the basic conditions are not mature;

(B) review found that there is a big problem;

(C) in accordance with this approach in article 14th with related materials;

    (D) did not agree on major differences of opinion with related units.

    Fourth chapter decision and publication

18th normative documents after legitimacy have been approved, the draft articles, should be brought to the developing body meeting to consider the decision.

Normative documents involved important matters established by the provincial people's Government, should be considered by the Standing Committee of the provincial people's Government decision, other normative documents can be reviewed by the Chief decision States, regulatory documents developed by the people's Governments at the county level, should be considered by the Executive meeting of the State and County decisions Township (town) people's Government development of normative documents, must pass through the township (town)-long Office meeting to consider the decision.

    Sectoral normative documents, decision shall be subject to consideration by the Development Office.

    19th in response to emergencies, implement higher administrative authority of emergency orders and decisions, and so on, require immediate formulation and implementation of normative documents, simplifies the procedures determined by the enacting body mainly responsible for the review, but shall promptly report to the Executive or the Government Office.

20th standard document shall be formulated by the authorities in charge or its authorized signing official. Normative documents signed, should send the people's Governments at the corresponding level a legal working body unified registration, uniform number, uniform publication.

Without a unified registration, number announced, unified regulating documents is void, not as the basis for Administration.

    Publishing and issuing regulatory documents, shall be marked in accordance with regulations registration number.

21st normative documents should adopt the level of government bulletin or Government Web sites to the public; related to normative documents of significant interest to the public, should be publicly issued in the administrative area of the newspaper and other media reported.

    Autonomous prefectures and autonomous counties publishing normative documents, should be based on actual needs, along with the local national language versions of the universal.

    22nd regulatory documents shall be implemented since the 30th, after the date of its publication, but the needs of national security, public interest, or released immediately after the execution could affect laws, rules, regulations and except for the implementation of the national policy.

    The fifth chapter filing and registration

23rd normative document drafted authority shall publish the date in the 20th, submitted for the record in accordance with the following provisions:

(A) the provincial departments, State (City) regulatory documents developed by the people's Government, submitted to the provincial people's Government Office of Legislative Affairs for the record;

(B) State (municipalities) people's Government departments and regulatory documents developed by the people's Governments at the county level, State (City) Government Legislative Affairs Agency record;

(C) the County departments and township (town) people's Government development of normative documents, the County Office of Legislative Affairs for the record;

(D) set up by the people's Governments above the county level in accordance with normative documents established by the Agency, to the establishment of the people's Government of the Agency's Office of Legislative Affairs submitted the record;

(E) the organization develops normative documents authorized by laws and regulations, to direct the management of the Organization's legislative affairs work submitted for the record.

    Two or more administrative bodies jointly developed by normative documents, organized by administrative organs to submit for the record.

    24th when normative documents submitted for the record, shall be submitted for the record, official texts, drafted a report on the 2, as well as electronic text 1.

25th article submissions filed regulatory documents comply with the filing requirements, legal work of the Government institutions shall, within 20 working days from the day of acceptance shall be registered and issued the notification of registration of normative documents.

The material submitted for the record not part of normative documents referred to in article II of this approach, or does not comply with the provisions of article 23rd, Legislative Affairs Agency is not registered, on the day of acceptance issued within 10 working days from the notification of regulatory documents is not registered, and material will be returned, and explain the reasons.

    Submit for the record the material does not meet the requirements of article 24th of this approach, a legal working body shall notify the development office within the 10 working days correction material making rectifications in conformity with the provisions for the registration of.

26th government legal normative documents of the institutions should submit for the record the following review:

(A) 15th provides review of the legality of these measures;

(B) compliance with these measures the 13th, 18th and 20th procedure provided for in article;

(C) it is made public in accordance with article 21st of this approach;

    (D) application of simplified procedures, or from the date of release on 30th of age, are in accordance with the relevant provisions of the measures.

    When the 27th legal work of the Government agencies to review regulatory documents, the need for organs, relevant departments and authorized by laws and regulations of the Organization and providing evidence or assisting, developing organs and relevant departments and organizations authorized by the laws and regulations shall provide cooperation.

28th the normative documents of the legal work of the Government agencies to submit for the record review, should be dealt with in accordance with the following provisions:

(A) the normative documents were found illegal, granted the record;

(B) normative documents were found illegal, but rational or words the flaws need attention of the enacting body, grant record and attached written comments;

(C) normative document content is illegal or improper obviously of no record, and called for the development of Office within a time limit, repeal, or stop the implementation of the normative segment, the entire contents of the file written comments;

    (Iv) normative documents establish procedures, forms of publication do not conform to the relevant provisions of these measures, no record, and can require the enacting body to stop the implementation of the normative documents, period correct procedures and redistribute a written review.

29th article 28th of this approach in part (c), (d) the circumstances listed, the enacting body shall from the date of receipt of written comments, within 20 working days correction program, stop execution, correct or repeal their own normative documents and go through the written report on the results to the Government Office of Legislative Affairs.

Prior to enactment of refusal in accordance with the regulations or fails to execute a written review, government legislative body of work can be submitted to the people's Governments at the corresponding levels alter or annul the decision of the regulatory documents.

    Normative document drafted organs received to alter or annul a decision, should be implemented immediately, and a written report on the implementation to the Government Office of Legislative Affairs.

Article 30th legal work of the Government agencies should adopt the level of Government Web sites or official Gazette, grant filed regulatory documents published to the public on a regular basis.

    The people's Government above the county level to change and revocation of decisions of the normative documents, legal work of the Government institution shall, through Government Web sites or official Gazette announced to the public in a timely manner.

    Supervision and administration of the sixth chapter

    31st the development of organs and the legal work of the Government agencies received from citizens, legal person or other organization has announced the implementation of the review recommendations in writing on normative documents, should be verifiable, found regulatory documents are not reported, or there is a problem, and should be corrected in accordance with the relevant provisions of this approach and process. Article 32nd organs should provide standard documents validity period.

Does not stipulate the effective period, determines the validity of 5 years; the name mark "provisional", "pilot", determines the validity period of 2 years. Has expired, the standard document shall automatically cease.

    Make it deems it necessary to continue to implement, without modification of content should be republished; content need to be modified, should be in accordance with the relevant procedures of the measures developed and published again. Article 33rd organ shall, every 2 years, a cleanup of the normative documents. Cleanup of the normative documents in the province by the provincial people's Government unified arrangements and organization.

Any of the following circumstances, by the enacting body or specify its drafting departments organized to clean up related normative documents:

(A) laws, regulations and rules and national policy adjustments, repealed, is inconsistent with its provisions;

(B) with the new laws, rules, regulations and national policies are inconsistent;

(C) the object no longer exists;

(D) incompatible with the relevant normative documents;

(V) do not meet the needs of economic and social development;

(Vi) not consistent with the requirements of the transformation of government functions. Normative documents after clearing the comments form, should be audited by the enacting body's Legislative Affairs Agency.

    Normative document clearance and the enacting body decisions should be repealed, failure of regulatory documents to the public.

    34th people's Governments above the county level should be normative documents and filing into the administrative organs in accordance with the administrative examination of content.

    People's Governments above the county level article 35th Legislative Affairs Agency, departments at the same level should be normative documents and lower levels of Government normative documents and filing of supervision and inspection, and inspection reports, higher legal work of the Government institution report.

Article 36th legal work of the Government institution shall, before the end of January in each year, normative documents of the previous year's record review of the annual report to the Government and reported to Government at the Office of Legislative Affairs.

    Review of normative documents record the legal work of the Government agencies should regularly informed of the situation.

37th in violation of these rules, any of the following circumstances, rule by the people's Governments at or above the county level government agencies be given briefings to serious, adverse consequences, led by the authorities responsible for the enacting body the persons responsible and other persons directly responsible shall be given administrative sanctions:

(A) the normative document is not submitted or not submitted on time for the record, has not remedy the urge;

(B) delays in implementation or refusal to implement the people's Governments above the county level decisions or written reviews of the legal work of the Government agencies;

(C) normative documents that are not filed illegal damage to citizens, legal persons or other organizations of the lawful rights and interests.

    Legal normative documents before the Agency does not review or the review found that the problem is not corrected, notified by the people's Governments at the corresponding level a rectification or serious, adverse consequence, led by the authorities to have the persons responsible and other persons directly responsible shall be given administrative sanctions.

    The seventh chapter by-laws 38th article of the rules take effect on March 1, 2014. February 24, 2004, published by the people's Government of Qinghai province, normative documents filing procedures abolished at the same time.

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