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Jilin City Regulatory Documents Regulatory Approach

Original Language Title: 吉林市规范性文件监督管理办法

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Regulatory of normative documents in the city of Glin

(Adopted at the 1460th ordinary meeting of the People's Government of Glin, 20 August 2011, No. 221 of 23 August 2011, published as of 1 October 2011)

Chapter I General

Article I, in order to strengthen the management of normative documents, preserve the harmonization of the rule of law and develop this approach in line with the relevant laws, regulations.

Article 2 of this approach refers to normative documents that involve the rights, obligations and obligations of citizens, legal persons and other organizations, which may be applied repeatedly in a given period. Includes:

(i) Documents issued by the Government of the People's Republic (communication) in the city, the district (community) and the commune (communes);

(ii) The documents issued in the name of the government office, with the approval of the Government of the city, the city and the district (market);

(iii) A document issued by the authorities of the city, the district (market) and the communes of the communes of the communes, the executive body, the police and the law, regulations authorizing the management of public affairs (hereinafter referred to as the Government);

(iv) The documents applicable to vertical management in the present municipal administration.

Interim institutions established by the municipalities, districts (communes), communes (communes) and the communes of the people's government, proceedings coordinating bodies and administrative bodies shall not produce normative documents.

Article 3

The minutes of meetings of administrative bodies, technical operating protocols, internal management systems are not applicable.

Article IV governs the supervision of normative documents throughout the city.

The Government of the People's Rule of Law in the District is responsible for the management of normative documents within the jurisdiction.

Article 5 Regulatory of normative documents should be guided by the principle of availability, certainty and integrity.

Drafting of normative documents

Article 6

The Government has issued normative documents, which are established by this sector as the body responsible for drafting.

Two or more government departments have co-authorized normative documents, drafted by one department and co-operation by others.

Article 7. Government departments that drafted normative documents (hereinafter referred to as drafting bodies) should be widely consulted on the legitimacy, necessity and feasibility of preparing normative documents. The hearings may take the form of written consultation, colloquiums, hearings, or the publication of draft normative documents to society.

Matters under normative documents relate to the interests of the drafting body, and the drafting body may commission the drafting of expert scholars or brokering organizations.

Article 8. Normative documents involve multiple sectoral functions, and the drafting body should consult with other departments in writing.

Article 9. Normative documents involve multiple rights and obligations and require consultations, and the drafting body should convene a colloquium with the participation of the parties.

Article 10 normative documents deal with innovative matters such as new technologies, new methods, new materials, and the drafting body may convene an adjudicatory meeting with the participation of experts, scholars and relevant units.

Article 11. Normative documents deal with important matters such as public interest, the security of the property of the person, and the drafting body should hold hearings.

The time, place and content of the hearings shall be communicated to the participants by 15 days of the hearings. The hearings must be facilitated by the perpetrators.

The hearings should be produced and confirmed by the participants.

Chapter III Review of normative documents

Article 12

Government-sector issuance documents should be sent to the rule of law bodies by the office of this department, which is a normative document, to be reviewed by the drafting body by the normative document.

Normative documents are delivered, including draft normative documents, office review opinions, legal basis against tables, texts of relevant legal texts and their electronic material and hearing.

Article 13 The Government's rule of law and the rule of law institutions of the Government shall review the following matters of the draft normative document:

(i) Whether there is a need and feasibility for development;

(ii) Whether it goes beyond the statutory competence of the body in place;

(iii) Are incompatible with the laws, regulations, regulations and superior documents;

(iv) Whether the content is appropriate;

(v) Does not violate the statutory procedures;

(vi) Other elements requiring review.

Article 14. Normative documents deal with important matters, they should be reviewed in a collective manner, and, if necessary, through hearings, seminars, colloquiums and public inquiries on the Internet.

Article 15. The rule of law sector of the Government requires the relevant departments to assist in the review of normative documents, which should be synchronized.

Article 16 contains one of the normative documents that are submitted for review, and the Government's rule of law sector or government rule of law institutions are not reviewed:

(i) There is no basis or sufficient basis;

(ii) Inadequate means of delivery;

(iii) Basic repetitiveness with laws, regulations, regulations and superior documents, without the necessary development;

(iv) There is greater divergence and need for further consultation;

(v) The process of drafting was severely short.

Chapter IV Decisions and publication of normative documents

Article 17 Normative documents issued by the Government of the People's Republic of the city, the district (community) sector must be submitted to the Standing Government Conference for its consideration, subject to review by the same-level people's rule of law sector. The normative documents issued by the Government should be taken into account by the heads of the sector in their collective discussions.

Article 18 Normative documents are issued by the principal holder of the organ and the content of normative documents should be made public to society.

The media published in normative documents include:

(i) Publicly issued newspapers within the administrative region;

(ii) Government portals or other portals designated by the Government;

(iii) Government.

Normative documentation needs to be published in other media, which is approved by the drafting body by the Government's rule of law.

Article 20 should be implemented after 30 days of the date of publication, except for the event of disasters, epidemics and the non-exclusive application of immediate obstacles.

List of normative documents

Article 21, normative documents shall be sent within five days of the date of publication, in accordance with the following provisions:

(i) The normative documents issued by the Municipal Government and its office bodies, which are submitted by the drafting body to the municipal authorities' rule of law sector;

(ii) The normative documents issued by the People's Government and its office, which are sent by the Government's rule of law sector to the municipal authorities;

(iii) The normative documents issued by the Government, which are presented to the Government's rule of law sector;

(iv) The normative document issued by the vertical management, which is accompanied by a presentation of the Government's rule of law sector and top-level authorities;

(v) Two or more government departments have jointly issued normative documents, which are sent by the drafting body to the Government's rule of law sector;

(vi) The normative document issued jointly by the executive branch with other organizations, which is submitted by the Government responsible for drafting a bill on the rule of law sector of the people's Government.

Article 22 provides for the submission of normative documents and shall be submitted in accordance with the following provisions:

(i) The normative documents issued on behalf of municipal and municipal government office bodies, including official texts, drafting notes on 20 and their electronic materials.

(ii) Normative documents issued in the name of the district (market) government and its office, including official texts, drafting notes, supporting reports, three normative documents against tables, texts of relevant legal texts and electronic material and information.

(iii) A normative document issued on behalf of government departments or vertical management, which includes official texts, drafting notes, supporting reports 15, normative documents against tables, relevant legal texts and their electronic material and information.

The submissions are in accordance with the provisions of the previous paragraph and are registered by the municipal authorities' rule of law sector; the submissions are not in compliance with the provisions of the previous paragraph, the suspension of registration requests and the referral of copies to the authorities.

Article 23

Chapter VI Oversight and management of normative documents

Article 24 of the Government's rule of law sector should review the normative documentation of the submission and provide written review.

The normative documentation of the submission is problematic and the delivery authority should report in writing to the Government's rule of law within 15 days of receipt of a written review.

Article 25: The rule of law sector of the communes of the city, the district (market) shall organize a specific inspection of normative documents every year, or organize inspections on the basis of actual needs, and inform and make the findings.

In carrying out inspections by the Government's rule of law, the inspectorate shall cooperate and, as requested, the issuance of the books and the text of normative documents, describe the grounds and the basis for the development of normative documents.

Article 26 Civil, legal and other organizations believe that the content of normative documents is incompatible with or inappropriate, may make a written review request to the competent Government's rule of law sector, which shall be governed by the following procedures:

(i) Identify the applicant. Citizens, legal persons and other organizations submitting a written review request are applicants.

(ii) To inform the applicant of the title of normative documents, articles of the law and the legal basis.

(iii) Identification of the applicant. (a) The author of the communication body is the principal government or the office of the Government, the drafting body or the executive body is the applicant;

(iv) To transmit to the applicant, the applicant, the letter of acceptance of the application for the review of normative documents and to inform the applicant of the comments and the relevant basis.

The applicant does not provide the title of the normative document, the articles of the law and the legal basis, and is inadmissible; the applicant's late submission of comments and the relevant basis is considered to have no opinion and justification.

The review may take measures such as investigation, enquiry, access to relevant information.

The Government's rule of law sector should submit a review opinion within 60 days of the date of receipt of the review request; the right not to be processed and the applicant should submit a review request to the competent organ.

Article 27 of the Government's rule of law should provide for a review in accordance with the following provisions:

(i) To be consistent with the process and the legitimacy of the content, and to confirm that the document is lawful;

(ii) Inadequate content, the time limit for the establishment of an organ to correct itself; the failure to rectify it or the content of the offence, to be withdrawn and made public to society;

(iii) Unpublished, unprofeededed, violations of statutory procedures, affirming invalidity and publicizing them;

(iv) The manner of management has changed, exceeded the period of effectiveness, decided to repeal and make it public;

(v) The document does not have universal or cross-references, confirms that it is not effective and is made public to society;

(vi) Execution of authority and obligations under normative documents by the executive organs;

(vii) There are technical issues to be addressed by the designating body.

The organs that have received review opinions should report in writing to the review body within 15 days on the implementation of their implementation; there should be a written explanation for the reasons that cannot be implemented or are temporarily not implemented.

Article 28 does not review opinions in the Government's rule of law sector and may apply for review within 15 days from the date of receipt of the review.

Article 29 should provide for an effective period. There is no provision for an effective period of up to five years; a reference to “provisional”, “a pilot”, etc., shall be inserted for a maximum period not exceeding 2 years. The period of effectiveness came from the date of operation; the date of application was not marked and has been calculated since the date of publication.

Normative documents have been completed for a period of six months prior to the expiry of their effectiveness, and the body is of the opinion that it is necessary to continue operation, and should be assessed on its implementation and re-established on the basis of the assessment.

A year after the introduction of normative documents, the Government's rule of law sector can assess the effectiveness of the document and may require the agencies and executive bodies to assess its effectiveness. The elements of the assessment include:

(i) The compatibility of normative documents with the principle of harmonization of the rule of law;

(ii) The effectiveness of administrative measures;

(iii) Would facilitate economic development and social progress;

(iv) Are cost-effective requirements;

(v) Evaluation of citizens, legal persons and other organizations;

(vi) Other matters to be assessed.

After an assessment, the Government's rule of law sector considers that normative documents do not need to continue to be implemented, may decide to suspend or repeal the document and make it public.

Article 31, which is cleared every two years or at any time required, should be made public to society.

Article 32 should establish paper-based archives and electronic archives.

The archives of normative documents should be harmonized and specific formats are provided by the municipal authorities' rule of law.

Chapter VII

Article 33 above shall organize an integrated assessment of normative documents by the organ concerned by the end of January of each year, with the results of the assessment being based on four levels of excellence, goodness, qualifications and non-qualification.

The comprehensive assessment of normative documents is excellent, in accordance with article 49 of the Civil Service Act of the People's Republic of China, article 50 of the Civil Service Act, and the award of responsibilities under article 53 of the Civil Service Act of the People's Republic of China and article 56 of the Civil Service Act.

Article 33 is one of the following cases, which may be altered by the competent Government's rule of law; in serious circumstances, accountability for the responsible person is prosecuted in accordance with the law and communicated:

(i) Procedural reports, omissions and seizures of normative documents;

(ii) The incomplete refusal of the material;

(iii) The publication of normative documents by the media;

(iv) A breach of procedural normative documents;

(v) The application of normative documents that have been withdrawn, nullified, repealed and unimplemented as a basis for administration;

(vi) Normative documentation beyond the period of effectiveness continues to apply;

(vii) There is no justification for refusing to implement or delay the implementation of the Government's review of the rule of law sector.

Chapter VIII

Article 36 of this approach is interpreted by the Office of the Rule of Law of the People's Government.

Article 37 The review of normative documentation in the city of Glin, issued by the Executive Office of the Municipal Government on 25 December 2006, was also repealed.