Advanced Search

Qingdao Municipal People's Government Regulatory Documents For Program Regulations

Original Language Title: 青岛市人民政府规范性文件制定程序规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Procedures for the development of normative documents by the Government of the Youth

(Summit No. 218 of the Fifteenth People's Government of Youth, 8 June 2012) considered the adoption of the Decree No. 218 of 29 June 2012 for the promulgation of the Ordinance No. 218 of the People's Government of Youth, effective 1 August 2012.

Article 1 establishes procedures for regulating the normative documents of the Government of the Blue Island (hereinafter referred to as normative documents) to ensure the quality of normative documents, to preserve the State's rule of law and to develop this provision in conjunction with the realities of the city, in accordance with the relevant laws, regulations and regulations.

Article 2, which refers to normative documents referred to in the present article, which, in addition to the regulations of the municipality, the Government of the city has established and published in accordance with the statutory procedures, which are generally binding on citizens, legal persons and other organizations and can be applied repeatedly, in accordance with the provisions, methods, rules and rules.

Article 3 quater, drafting, review, decision, publication, interpretation and filing of normative documents.

The internal system of work established by the municipal authorities, the decision-making of personnel, the handling of specific matters, the deployment of work, emergency prestigation, requests for clarification and reporting, and other rights obligations to citizens, legal persons and other organizations are not directly affected, are not universally binding and cannot be applied repeatedly.

Article IV, the name of normative documents generally states as “the provision”, “the approach”, “rules”, notices”, “decisions”, etc., shall not be referred to as “regulations”.

Normative documents should be made in the form of provisions or paragraphs. The name is “the provision”, the approach”, “rules”, and is generally expressed in the form of provisions.

The content of normative documents should be clear, specific and operational; the terms should be accurate, concise and should be correctly regulated and regulated.

Article 5 Nor shall normative documents be in violation of the law, regulations stipulate the creation of administrative licences, administrative penalties, administrative enforcement, etc., without unlawful restrictions or denial of the legitimate rights of citizens, legal persons and other organizations, and that the obligation to increase civil, legal and other organizations shall not be violated.

Nor shall normative documents make specific provisions for the implementation of laws, regulations, regulations and superior normative documents incompatible with the provisions on which they are based.

Laws, regulations, or superior normative documents have clearly specific operational provisions that are no longer developed normative documents or do not duplicate provisions.

Article 6 establishes an annual planning system for normative documents. The relevant sectors and sectors of the city (market) government consider that the next year will require the development of normative documents and should be presented to the municipal government by 30 November.

The application should clarify the need for development, the basis, the main elements of the proposed regulation and the main systems to be established.

Article 7. The municipal rule of law institutions should conduct a summary of the application, prepare annual normative documentation workplans, in accordance with the overall deployment of the annual work of the municipal government, and draw the Government's issuance.

The development of a workplan for normative documents should clarify the name of normative documents, the drafting sector and the time of delivery.

The development of a normative document workplan could be adapted in accordance with the realities. It was suggested that the sector should submit a plan-neutral application to the municipal authorities, with the consent of the municipal authorities, as an additional item.

Article 9. Normative documents are drafted by the competent departments of the report; they relate to a number of sectoral management matters, are drafted by one or several sectors; they also be drafted or organized by the municipal authorities' rule of law bodies; professionally, socially affected may be invited or commissioned by the relevant organizations, experts.

Article 10 departments responsible for the drafting of normative documents should establish a drafting group composed of their heads, rule of law institutions, practitioners in the business room, to develop a work plan and research programme and to complete the drafting and review within the specified time frame.

The drafting sector should make written statements to the municipal authorities for reasons of the need for extensions or no longer needs, and the municipal rule of law institutions could make the corresponding adjustments.

The municipal rule of law institutions should strengthen their guidance on the drafting of municipal government normative documents.

The drafting of normative documents should be carried out in depth by conducting research studies, taking stock of practical experience, engaging in colloquiums, symposia, open solicitation.

The content of normative documents relates to significant public interest, with significant public differences that may affect social stability or legal, regulatory and regulatory provisions that should be heard, and the drafting sector should organize hearings.

Normative documents relate to major administrative decision-making matters and apply the provisions of major administrative decision-making procedures.

Article 12 Transmissions of normative documents by the drafting sector may be delivered to the municipal rule of law institutions and submit the following information:

(i) Reports of the trial;

(ii) The draft of the trial and its electronic file;

(iii) Drafting notes (including the need for development, feasibility, legal basis, key elements and the adoption, coordination and relationship with existing normative documents);

(iv) The views of the relevant departments;

(v) Public solicitation of views and the holding of hearings and related materials

(vi) Research reports;

(vii) Based on laws, regulations, regulations, superior normative documents and relevant references in the field.

The draft normative document for the review should be delivered through the review by the drafting body of the rule of law, the discussions of the heads of departments, signed by the main heads of the drafting sector, and the joint drafting of several departments should be signed by the principal heads of the sector.

Article 13 Transmissions of normative documents are one of the following cases and the municipal rule of law institutions are inadmissible:

(i) Non-implementation of the work plan in normative documents and projects that have not been agreed by the municipality;

(ii) The material provided by the drafting sector is incomplete and is not updated in accordance with the provisions.

Article 14. The municipal rule-of-law institutions review the delivery of normative documents and should focus on the following:

(i) Will be incompatible with laws, regulations, regulations, existing national policies and superior normative documents;

(ii) Will be coordinated and aligned with the normative documents of other Governments in place in the city;

(iii) Would the views of the relevant bodies, organizations and citizens on the main issues of the delivery of normative documents be properly addressed;

(iv) Whether it is in conformity with the practice of the city and whether it is feasible;

(v) In conformity with the technical requirements of normative documents, physical and linguistic expression;

(vi) Other elements to be reviewed.

Article 15, after a preliminary review, has one of the following cases where the municipal rule of law body may refer the normative document to the drafting sector and inform it in writing of the reasons for the return, pending the revision or replenishment of the drafting sector:

(i) Contrary to laws, regulations, regulations, national policies or superior normative documents;

(ii) Excluding statutory competence;

(iii) Procedure for the development of normative documents in violation of normative documents;

(iv) Be incompatible with the structure and exceptional requirements of normative documents or with the material error or major defects in the language technology of the document to prevent the accurate understanding of the document;

(v) An open consultation, organization of hearings, conduct of arguments, but has not been carried out;

(vi) After an open consultation, the authorities concerned have controversy over the main elements of the delivery, without consultation with the relevant departments.

Article 16 differs from the relevant authorities or institutions of the municipality with regard to the main measures involved in the delivery of normative documents, the management system, the division of competence, which should be coordinated and agreed upon by the municipal rule of law institutions; it should not be agreed that the main issues of controversy, the views of the relevant sectors and the management recommendations of the municipal authorities' rule of law bodies should be presented together with the municipal government decisions.

Article 17: The municipal rule of law body shall, on the basis of a careful study of all aspects of views, revise the draft texts of normative documents and, in accordance with the procedure, refer the mayor's office to study the discussion.

The Mayor's office examined the draft normative document, which was reported by the heads of the municipal authorities' rule of law bodies.

Article 18

Article 19 establishes one of the following conditions, and following a review of the legitimacy of the rule of law institutions of the municipality, it may be brought directly to the signing of the municipal government leadership:

(i) A comparison of content;

(ii) Consistency;

(iii) Execution of superior orders and decisions;

(iv) Emerging public health incidents or other social security incidents;

(v) Natural disasters or accidents.

Article 20 should be implemented after 30 days of the date of publication. However, the publication would not be immediately followed by the implementation of laws, regulations, regulations, superior normative documents, or the protection of national security, public interest, which could be carried out from the date of publication.

Article 21 introduces a unified registration, the harmonization of registrations and the uniform publication system. Unregistered registrations, the harmonization of registrations and the unification of public normative documents shall not serve as a basis for administration.

The municipal rule of law institutions should refer normative documents to the Executive Office of the Municipal Government within 5 days of the date of registration, the preparation of registrations, the Executive Office of the Municipal Government, through the Government's bulletin, the Government's website reunification and the transfer of official texts and electronic files to the municipal rule of law institutions.

Article 2

The right to interpretation of normative documents rests with the municipality. Normative documentation explains that the municipal authorities of the rule of law are prepared in conjunction with the relevant sectoral studies, which are invited to be published after the approval of the municipality.

Article 24 Normative documents should specify the duration and date of implementation. Effective expiry, normative documents are automatically invalid.

The normative document was valid for a period of 3 to 5 years; the normative document of the mark “Temporary”, “Time trial”, was valid for a period of 1 to 2 years; and the normative document issued in the “Voice” approach was valid for one year.

Article 25. The main executive departments of normative documents believe that there is a need for an extension of the period of effectiveness and should provide justification and specific basis to the municipal rule of law institutions for a period of six months before the expiry of the period of effectiveness, and assess the need for continued implementation by the municipal rule of law institutions, and re-registration, registration, publication and recalculation of the period from the date of publication, and the need for revised procedures.

Article 26 Governments should publish, in a timely manner, inventories of existing effective and ineffective normative documents to facilitate access to civil, legal and other organizations.

Article 27 states that citizens, legal persons and other organizations believe that normative documents are in violation of the law and may submit written review requests to the municipal or municipal authorities. The municipal rule of law institutions should be admissible and processed within 60 days of the date of receipt of the application; the complexity of the situation cannot be dealt with within the prescribed time period, with the approval of the municipal authorities' rule of law bodies, which may be extended appropriately, but the extension period is not exceeding 30 days. The results should be communicated to the applicant in writing.

Article 28 provides for the operation of 1 August 2012.