Handan Normative Document Management

Original Language Title: 邯郸市规范性文件管理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Handan normative document management

    (January 21, 2009, Handan people's Government of the 19th General meeting on February 16, 2009, Handan people's Government released, 129th come into force on April 1, 2009) Chapter I General provisions

    The first in order to safeguard the Socialist legal system, strengthen supervision and administration of regulatory documents, ensuring government decrees, pursuant to the relevant laws and regulations, based on actual city, these measures are formulated.

    Article of normative documents in the administrative area of the city development, review, publication, registration and supervision, these measures shall apply.

    The third article of the normative document referred to, is a unit of normative documents right in accordance with the statutory powers and procedures involving the rights and obligations of citizens, legal persons or other organizations, within their respective administrative areas with generally binding, which can repeatedly apply the file.

    People's Governments at all levels and the departments concerned within working systems, personnel decisions, and decisions on specific matters, and so on, these procedures do not apply. Fourth level supervision regulatory document management system.

    City, County (city, district) people's Governments respectively on the lower level people's Governments and the level of government departments to supervise and administer the development of normative documents.

    City, County (city, district) people's Governments shall establish a normative document management annual statistical report, supervision, communication, accountability and so on.

    Fifth of municipal and County (city, district) Legislative Affairs Agency specifically responsible for the Organization and implementation of the measures.

    Municipal law shall set up a special working body responsible for supervision and administration of regulatory documents, rule of the people's Governments at the county level where conditions are ripe bodies should set up appropriate working bodies.

    Sixth unit should establish who will have normative documents of normative documents Working procedures and systems, specify the specialized management and personnel responsible for the normative documents.

    Chapter II formulation

    Article seventh the following units can be set of normative documents:

    (A) the city and County (city, district) people's Government and the Office of the (Chamber), Township (town) people's Government;

    (B) the city and County (city, district) Government departments;

    (C) the authorized organizations who will have administrative laws and regulations;

    (D) other administrative functions of the unit.

    Normative documents made by the provisional institutions cannot be set separately.

    Normative documents of the eighth article of the enacting body normative documents of legality, appropriateness and responsible.

    Nineth normative documents by name, generally called "the way", "rule", "decisions" and "rules", "notice", "notice", and so on.

    Regulatory documents shall not be called "regulation".

    Normative documents of the tenth article terms it should be specific, clear, standard, concise, accurate, logical and operation of the content.

    Laws, rules, regulations or normative documents have been clearly defined by superior, General provisions will not repeat.

    11th normative documents may not be establishment of an administrative license, the administrative punishment and administrative compulsory measures, and administrative and institutional charges and levy, tax matters, not set should be set by the laws, rules and regulations.

    12th normative documents should be wide open research demonstration, take a variety of forms of listening to management people, authorities and the views of experts and scholars, feasibility study meeting or hearing could be convened when necessary.

    Call for comments, suggestions, and the enacting body shall coordinate, coordinate inconsistent, should identify and take appropriate means to inform the proposer. 13th validity of regulatory documents shall be provided.

    City, County and township-level government regulatory documents shall not exceed a maximum period of 5 years, city, County and township-level government departments to formulate normative documents may not exceed a maximum period of 2 years.

    Circular style period not exceeding 2 years.

    14th development of normative documents must be examined by the legal legitimacy of the enacting body.

    Without the normative document drafted legal legality audit shall submit signed or collective research.

    The township (town) people's Government develop regulatory documents shall be subject to (and) professional legal staff review comments and can also be reported to people's Governments at the county level legal predecessor released after the review. 15th report to normative documents issued by the city and county governments, drafting unit shall also provide drafting instructions to the Government legislative bodies at the same level.

    Government legal agencies shall be approved within 5 business days, maximum of not more than 15 working days. 16th draft normative documents of the city and county governments, competent Vice City and County (city, district) after a long review, consolidated by the Secretary General or the Office of the (room) Director sign the Government legal agencies to peer review.

    Government legal institution competent under city, County (city, district)-long review, the Secretary-General or the Office of the (room) Director sign reads, by the city and County (city, district) or her delegate other deputies are issued.

    Important regulatory documents shall be approved by the Government Executive or plenary meetings of the Conference.

    17th draft sector normative documents after examination by the departments legal legitimacy, must be agreed by the collective research. 18th sector normative documents in 5 working days before it is published, should be reported to people's Governments at the predecessor reviews by legal bodies. Without the preceding review, shall not be published.

    Publishing without the preceding review of regulatory documents without authorization is invalid.

    19th where two or more joint normative documents issued by the competent authorities shall be responsible for submitting the predecessor reviews. Tax, land tax, industry and commerce, quality and technical supervision such as the vertical regulatory documents shall be submitted to the higher level of the administrative organs of the Executive front-review.

    Except as otherwise provided by laws and regulations.

    Escrow secondary institutions publishing normative documents by sector, legal front by the escrow agency submit similar Government review.

    20th to submit pre review, shall submit the front text reviews and regulatory documents (draft), relevant evidence and formulation, and in accordance with the format prescribed in two copies bound.

    21st normative documents description should include:

    (A) the basis for development of normative documents, necessity;

    (B) the basis of the rights, obligations and liabilities;

    (C) coordination of the main controversial issues;

    (D) other issues of note.

    22nd the Government legal organization can take direct review, commissioned a review, review of normative documents on the front.

    Commissioned a review of the list of units by the Government legal organization from legal or professional strong technical force of law firms or institutions selected.

    Entrusted with the unit shall complete the review process within the specified time limits, and responsible for the review of legality, authenticity.

    Review of normative documents of the 23rd mainly include the following:

    (A) the legality of the law enforcement body;

    (B) whether the existing laws, rules and regulations and national guidelines and policies contradict;

    (C) the administrative license, the administrative charges, administrative punishment and administrative compulsory measures involving citizens, legal persons or other organizations of the rights, obligations and according to whether the contents of a legitimate and appropriate;

    (D) the legality of the procedures, specifications;

    (E) other content should be reviewed. 24th the Government legal organization shall, within 5 working days the preceding review is complete and notify the enacting body. Professional, exceptional circumstances or needs research, commissioned a review of coordination or taken, agreed by the heads of legal institutions to extend the review period, but shall not exceed 15 working days.

    The notice.

    25th front review of normative documents are found in the following situations, the Government legal organization as follows:

    (A) the normative document legitimate, appropriate, decides to grant release, to grant release notices;

    (B) normative documents and the laws, rules and regulations inconsistent or set of rights, obligations, liability is insufficient or improper, issued to the enacting body of the review function of the proposed correction;

    (C) normative documents process not standardized or a technical problem, ordered to set deadlines to correct.

    Article 26th normative documents development organization should receive government legal organization of the review comments within 10 working days of the letter itself to correct, and written replies to the result.

    The enacting body to review there are dissenting opinions, shall, within 5 working days to the Government legislative bodies at the same level.

    Chapter III released

    27th County government regulatory documents can be published in a Government Decree.

    Department of normative documents may take the form of. 28th regulatory documents shall generally be implemented since the 30th, after the date of its publication.

    But to protect national security, public interest, and other special needs, can come into force on the date of promulgation.

    Normative documents generally do not have retroactive effect. After the 29th normative documents, should be taken to the public in an appropriate manner.

    Without publishing normative documents cannot be implemented.

    Regulatory documents shall be published in the Official Gazette at the same level or the portal site or published in the newspapers, public bar and other carriers.

    The city and county level normative document is published on the Official Gazette of the standard text.

    Article 30th sector normative documents need to be published in the news media, should take the grant publishing

    31st right of public access to normative documents have been published.

    Normative documents should be in their offices or city and County Government's centralized inspection place normative documents of the organs available for inspection by the public free.

    The fourth chapter records

    Article 32nd normative documents submitted for the record as follows:

    (A) sectoral normative documents on the 15th after posting submission to the Government at the same level for the record.

    (B) townships (towns), above government regulatory documents on the 15th after posting higher Government submitted for the record.

    In accordance with the provisions of the preceding paragraph to submit for the record, we sent the Government legal organization, record registration, review responsibilities exercised by the Government legal agencies.

    33rd, two or more joint normative documents issued by the competent authorities shall be responsible for submitting.

    Tax, tax, industry and commerce, quality and technical supervision, food and drug administration and other normative documents implemented vertical administrative organs, administrative organs at a higher level for the record, a government legal institutions at the same level for future reference, except as otherwise provided by laws and regulations.

    Sector escrow secondary institution developing normative documents reviewed by the escrow agency submit for the record.

    34th normative documents for the record should be submitted for the record reports, files, text, evidence and formulation, and in accordance with the format prescribed in duplicate bound, and submit electronic documents.

    Formulation in accordance with the present article 23rd provisions.

    Article 35th organ should be enacted on January 31 of each year for the preceding year of regulatory documents 2 copies to submit a record of accepting government legal agencies. Article 36th normative documents conform to the provisions of article 34 of this approach, accepting registration does not meet the provisions of the notified supplementary material or refund.

    Cannot be corrected within the prescribed filing and deemed not to submit for the record, is not registered.

    37th government legal organization can direct review, commissioned a review, including a review of normative documents on the record.

    Direct review, commissioned the review in accordance with article 24th, 25th of provisions.

    38th government legal normative documents for the record review, the materials or on the need for the Office, the enacting body shall, within 3 working days after receiving the notice to submit materials or explanation; requires units to assist in the review or consultation with interested authorities should respond to written opinion within the specified time limits. 39th normative documents for the record review should be completed in the 30th after receipt of registration.

    More professional or special circumstances, can extend the review period should not be longer than 45 days.

    The 40th record review, found illegal or improper in normative documents submitted for the record, government legal organization of the error correction the submissions should be sent to the enacting body. 41st Development Authority shall, within 10 working days after receipt of the opinion on the correct self correcting, and writing the result.

    It fails, government legal agencies shall order the cancellation be revoked or reported to the people's Governments at the corresponding level.

    42nd the citizens, legal persons or other organizations may apply for administrative reconsideration of normative documents applied for review of, or think about the administrative reconsideration organ for reconsideration review regulatory documents illegal, according to the People's Republic of China administration reconsideration law set forth in the 26th, 27th execution.

    43rd citizens, legal persons or other organizations find that normative documents conflict with the laws, rules and regulations, or conflict between normative documents, can contribute to the development of organs or Government legal agencies to submit written observations at the same level.

    Article 44th organ receiving citizens, legal persons or other organizations to the body developing normative documents question or suggestions shall be verified; normative documents there is a problem, the enacting body shall itself or even cancel.

    Government legal agencies received a citizen, legal person or other organization to report issues related to normative documents, transferred to the enacting body to verify, the enacting body shall respond to results within the specified time; if necessary, government legal agencies to direct censorship.

    The fifth chapter, supervision and inspection 45th report implementation of normative documents system.

    The County (city, district) Legislative Affairs Agency shall report each year to the people's Governments at the corresponding level in the first quarter the previous year, normative documents, review, record, with a copy to city government legal agencies.

    Legal institutions should be released in the second quarter of each year annual regulatory documents on supervision and management of communications.

    46th under any of the following circumstances, rectification by government legal agencies, warnings to the normative documents; responsible executive authorities of the Government legal authority in accordance with the civil service disciplinary regulations to give warning, demerit on them, if the circumstances are serious, given demerit, demotion, removal from Office and other administrative sanctions:

    (A) violation of normative documents reporting system, has not reported twice urged;

    (B) violation of the provisions of the normative documents of the internal legal review, it appears more than twice within a year;

    (C) violation of the provisions of the normative document pre review, appears more than twice within a year;

    (D) violation of normative documents record-keeping provisions, appears more than twice within a year;

    (E) not published or released improperly, normative documents, as are the one-line basis;

    (F) documents significant problems, causing serious consequences;

    (VII) any other violation of regulatory document management, if the circumstances are serious.

    47th government legal agencies or departments legal staff with one of the following acts, give notice of criticism, serious, negative consequences, brought to the authority in accordance with the civil service disciplinary regulations of the Executive responsible for warning, demerit-disciplinary actions:

    (A) in accordance with this regulation on the normative documents on the review, pre review, for the record;

    (B) audit, front-review, for the record not found problem corrected;

    (C) the audited documents released after the implementation has been found significant violations;

    (Iv) other significant acts of violation of regulatory documents management.

    48th news media allowed to publish without the preceding review of regulatory documents, by similar government legal agency ordered corrective action and more than 3000 and 1000 Yuan fine.

    The sixth chapter supplementary articles

    49th municipal people's Government legal agencies according to these measures, formulate specific monitoring measures. 50th these measures shall come into force on April 1, 2008. Handan on May 14, 2001 published by several provisions of normative documents procedures (Han Zheng [2001]17), released on June 13, 2003, of the normative documents for the record management approaches, Handan City (city 101th order), released on April 12, 2006, of the normative document evaluation system of limitation provisions, Handan City ([2006]22) repealed simultaneously.

Related Laws