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Handan Normative Document Management

Original Language Title: 邯郸市规范性文件管理办法

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Modalities for the management of normative documents in the city

(The 19th ordinary meeting of the Government of San Francisco, 21 January 2009, considered the adoption of Decree No. 129 of 16 February 2009 by the Government of San Francisco People's Government, effective 1 April 2009)

Chapter I General

Article I, in order to preserve the unity of the socialist rule, strengthens the monitoring of normative documents and ensures the freeness of the political order, and develops this approach in the light of the relevant laws, regulations and regulations.

Article 2

Article 3. The normative document referred to in this approach refers to documents that are generally binding and readily applicable in the present administrative region, in accordance with the legislative authority and procedures established by entities with the right to formulate normative documents.

This approach is not applicable to the internal system of work developed by all levels of the people's Government and its relevant departments, the personnel handling decisions and the decisions taken on specific matters.

Article IV regulates the implementation of a system of oversight at the level. The Governments of the municipalities, districts (markets, districts) are governed by normative documents developed by the lower-level people's Government and the Government's work sector.

Governments of municipalities, districts (communes, districts) should establish an annual statistical report on the management of normative documents, oversight, notification, accountability system.

Article 5

The State's rule of law institutions should establish specialized working institutions to oversee the management of normative documents, and the mature privat-level rule of law institutions should also be established.

Article 6 units with the right to formulate normative documents should establish normative documentation procedures and systems to designate specialized agencies and personnel responsible for the management of normative documents.

Chapter II

The following Article 7 units may formulate normative documents:

(i) The Government of the people of the city, the city, the district, and its Executive Office (rooms), the people's Government;

(ii) Government departments;

(iii) The law, legislation authorizing organizations with administrative authority;

(iv) Other units with administrative functions.

The institutions established in the interim shall not produce separate normative documents.

Article 8

Article 9. The name of normative documents generally states as “the approach”, “rules”, “decisions”, “rules”, notice”, “Recommendations”.

Nor shall normative documents be called “regulation”.

Article 10 Terminals of normative documents should be specific, clear, normative, concise, accurate and logical, contentable.

Matters that have been specified in laws, regulations, regulations or superior normative documents are generally not repeated.

Article 11 Nor shall normative documents create matters such as administrative licences, administrative penalties, administrative coercive measures, administrative expenses and fees for tax exemptions, and shall not create matters to be established by law, regulations, regulations and regulations.

Article 12 Normative documentation should be developed in a public and adequate manner, with a variety of forms to listen to the relative, relevant units and expert, scholars' views, and, if necessary, to the holding of a validation or hearing.

Comments, suggestions were made that the formulation of organs should be coordinated, coordinated and should be explained and communicated to the proposer in appropriate ways.

The normative document should provide for an effective period. Normative documents developed by municipalities, districts and communes are valid for up to five years, and normative documents developed by municipalities, districts and communes do not exceed 2 years.

The notice is not effective for up to two years.

Article 14. The development of normative documents must be subject to the legitimacy of the organs of the rule of law.

Nor shall normative documents be submitted to the leaders for signature or collective studies without validating the legitimacy of the organs of the rule of law.

The Government of the commune (communes) has developed normative documents, which should be subject to review by a dedicated (and part-time rule of law staff, and may also be issued after a review by the district-level people's rule of law institutions.

Article 15. Reporting on normative documents issued by the municipalities, district-level people's governments, drafting units should provide drafting notes to the same-level government rule of law institutions. The Government's rule of law body should complete the review within five working days for a maximum of 15 working days.

Article 16 The Government's rule of law bodies have been reviewed by the post-in-court, district (communes, districts) chiefs of the executive, the Secretary-General or the Director of the Executive Office (rooms) to be issued by the governor of the city, the district, or other deputy functions entrusted to them.

Important normative documents should be studied by the Government's standing or plenary meetings.

The draft sectoral normative document, which was reviewed by the legitimacy of the sectoral rule of law bodies, must be subject to the collective research consent of the unit.

Article 18 Sectoral normative documents were issued for five working days and should be reviewed by the same-ranking people's rule of law institutions. No release shall be issued without prior review. The issuance of normative documents without prior review was not valid.

Normative documents issued jointly by two or more sectors are reported by the host authorities.

The normative documents developed by vertically-led executive organs such as tax, geo taxes, business and quality technical supervision should be presented to the executive branch at the top level for pre-removal review. Except as otherwise provided by law, legislation and regulations.

A normative document was issued by a secondary body administered by the department and was reviewed by the escrow agencies before they were sent to the tier government rule of law institutions.

Article 20 should be submitted to pre-review reports, the text of normative documents (drafts), the relevant basis and the formulation of notes and, in accordance with the prescribed format, two copies.

The content of the formulation of a statement of normative documents should include:

(i) The basis and need for normative documentation;

(ii) The basis for the provision of rights, obligations and legal responsibilities;

(iii) Coordination on major controversial issues;

(iv) Other issues requiring clarification.

Article 2 Government rule of law institutions may conduct pre-removal reviews of normative documents, including through direct review and commission review.

The list of the commissioning of the review cell is selected by the Government's rule of law bodies from the legal or professional technical power attorneys or higher institutions.

The mandated units should complete the review within the time frame and be responsible for the legitimacy and integrity of the review opinion.

Article 23 reviews of normative documents include, inter alia, the following:

(i) The legality of law enforcement actors;

(ii) Are incompatible with existing laws, regulations, regulations and national approaches, policies;

(iii) The administrative licence, administrative fees, administrative penalties, administrative coercive measures, etc. relating to the rights, obligations and the legal and appropriateness of citizens, legal persons or other organizations;

(iv) Whether the process is lawful and regulated;

(v) Other elements to be reviewed.

Article 24 of the Government's rule of law institutions shall be reviewed and communicated in writing to the competent organs within five working days. Professionality, special circumstances or a need for research, coordination or commission review, with the consent of the head of the rule of law body to extend the period of review, up to 15 working days. The letter of credit is processed.

Article 25 found the following cases when the normative document was pre-reviewed:

(i) The lawfulness and appropriateness of normative documents and the decision to grant a notice of publication;

(ii) The content of normative documents is incompatible with the law, regulations, regulations or rights, obligations, legal responsibilities are based on inadequate or inappropriateness, and the drafting bodies are advised accordingly;

(iii) The development of normative documentation procedures that are not regulated or technically problematic and require the development of a deadline for correction.

Article 26 The normative document-making body should reproduce itself within 10 working days of the receipt of the Government's rule of law body's letter of review of views and respond in writing to the results.

The executive body should make a difference in the review and should submit to the same level of government rule of law within five working days.

Chapter III Publication

Article 27's normative documents can be published in the form of government orders.

Sectoral normative documents shall not be published in the form of orders.

Article twenty-eighth normative documents should generally be implemented after 30 days of the date of publication. However, special needs, such as security of national security, major public interest, can be implemented from the date of publication.

Normative documents are generally retroactive.

Article 29 should be made available to society in an appropriate manner, following the development of normative documents. Unpublished normative documents shall not be implemented.

Normative documents should be made available at the same level of government bulletins or portals or may be published in the newspapers, columns.

The normative documents published by the commune, district-level people's governments in the present Government communiqué are standard texts.

Article 33

Article 31 gives the public the right to access the published normative documents.

The normative document development body shall provide normative documents developed by this body for free access by the public at its place of office or at the centre designated by the municipal and district governments.

Annex IV

Article 32

(i) Subsector normative documents were sent to the same-ranking government within 15 days of publication.

(ii) The normative documents of the Government above communes (communes) were sent to the Government at the highest level within 15 days of publication.

In accordance with the provisions of the previous paragraph, the relevant Government rule of law bodies are sent to the competent authorities to exercise their registration, review duties.

The normative documents issued jointly by two or more sectors are sent by the host agency.

Normative documents developed by the executive organs, such as national taxes, local taxes, business, quality technical supervision, food medicine surveillance, are presented in the top-level administrative body, and are available in the same-level government rule of law bodies, except for legal, regulatory and other provisions.

The normative documents developed by the secondary bodies administered by sector are reviewed by the escrow agencies.

Article 34 quateria should be submitted to the written report, the text of the document, the relevant basis and the formulation of notes, and, in accordance with the two fascicles in the prescribed format, to be sent to the electronic file.

The request for a note is implemented in accordance with article 23.

Article XV should be the governmental rule of law body to send a list of two copies of normative documents developed in the previous year by 31 January each year.

Article XVI Normative documents are in compliance with article XIV of this approach and are subject to registration; they are not in accordance with the provisions, to communicate supplementary material or return. During the prescribed period, the material of the case cannot be filled as a non-representation and non-registration.

Article 37 Government rule of law institutions can provide a review of normative documents, including through direct review and commission review.

Direct review and commission review are carried out in accordance with articles 24 and 25 of this approach.

In the context of a review of normative documents by the Government's rule of law bodies, it is necessary to provide the relevant material or to clarify the circumstances, to develop organs should send material or clarifications within three working days after the notice is received; to assist in the review or seek the views of the relevant units, and to respond to written observations within the time frame.

The review of the normative documentation reserve should be completed within 30 days of the receipt of registration. The duration of the review may be extended to a maximum of 45 days.

In the case review, normative documents found to be in conflict with or inappropriate, and the Government's rule of law should send a “relead” to the development body.

Article 40 should be self-corrected within 10 working days of the receipt of the “relead opinion” and respond in writing to the results. The Government's rule of law institutions should be responsible for the withdrawal or for the withdrawal of the current people's Government.

Article 42, civil, legal or other organizations, when applying for administrative review, make a request for review of normative documents, or when the executive review body considers that the relevant normative documents are not lawful in accordance with article 26 of the People's Republic of China Administrative Review Act, article 27 of the Act.

Article 43, civil, legal or other organizations, found that normative documents were incompatible with laws, regulations and regulations or that there was a contradiction between normative documents, could provide written advice to the designating body or to the same level of government rule of law institutions.

Article 44 establishes that the body shall be subject to the challenge or modification of the normative documents developed by this body by citizens, legal persons or other organizations, and shall be verified; the normative documents are problematic and the organs should be converted or withdrawn.

The Government's rule of law bodies receive reports from citizens, legal persons or other organizations on the existence of normative documents, which are transferred to the competent body to verify the handling of the matter and to establish organs to respond to the results within the time frame; and, where necessary, the Government's rule of law institutions may review directly.

Oversight inspection

Article 42 introduces the normative reporting system. People's rule of law institutions in the district (markets, zones) should report to the people's Government in the first quarter of each year on the formulation, review, filing of normative documents in the previous year, while transmitting the rule of law institutions of the Government.

The municipal rule of law institutions should publish a briefing on the management of the previous normative document in the second quarter of each year.

Article 46 is one of the following cases, which is being corrected by the Government's rule of law body, warnings to normative document-making bodies; reminds the relevant responsibilities by the Government's rule of law bodies of administrative dispositions such as public service disciplinary regulations in accordance with the regulations governing the disposition of civil servants of the executive branch, in exceptional circumstances, giving rise to excessive, degradation and removal of administrative dispositions:

(i) In violation of the normative reporting system, no reports have been reported twice;

(ii) In violation of the provisions of the internal review of the rule of law institutions in normative documents, there are more than two times in the year;

(iii) In violation of the pre-emption review provisions of normative documents, there are more than twice a year;

(iv) In violation of normative documentation provisions, there are more than two times in the year;

(v) The use of normative documents as a basis for disturbing, without undue publication or publication;

(vi) The existence of a major problem in normative documents, with grave consequences;

(vii) Other violations of the management of normative documents are serious.

Article 47 of the Government's rule of law body or sector rule of law body staff are criticized, with serious and negative consequences, drawing to the competent organ the right to war against the responsible person in accordance with the Regulation on the Discipline of Civil Servants of the Administration:

(i) No review of normative documents, pre-reviews and requests, as prescribed by this approach;

(ii) In the case of the review, prior review, the identification of issues in the request, without correction;

(iii) Significant violations have been identified after the application of the normative documents reviewed;

(iv) Other major violations of normative documentation management.

Article forty-eighth has been authorized by the media to issue normative documents that have not been previously reviewed, which are being restructured by the same Government's rule of law institutions and imposes a fine of up to $3000.

Annex VI

Article 49 may establish specific oversight measures in accordance with this approach.

Article 50 is implemented effective 1 April 2008. A number of provisions of the regulatory procedures for the development of municipal documents published on 14 May 2001 (Ministry [2001]17), the management of the normative documents of the provinces, published on 13 June 2003 ( Order No. 101 of the Government of the city), the provisions of the regulatory assessment system for the granting of normative documents issued on 12 April 2006 (No.