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Suzhou Provisions Of The Normative Documents And File Review

Original Language Title: 苏州市规范性文件制定和备案审查规定

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(Adopted by the 74th Standing Committee of the People's Government of Sus State of 23 July 2007 No. 98 of 25 July 2007 of the People's Government Order No. 98 of 25 July 2007 (Act of 1 October 2007)

Chapter I General
Article I, in order to regulate the development and documentation of normative documents in this city, enhance oversight of normative documents, preserve the unity of the socialist rule and promote the establishment of this provision in accordance with the laws, regulations, regulations and regulations, such as the People's Congress of the People's Representatives at the local level of the People's Republic of China and the Regulations Reserves.
Article 2, the normative document referred to in this article refers to the obligation of executive organs at all levels of the city to deal with the rights of citizens, legal persons or other organizations in accordance with their statutory powers and procedures, which may be applied repeatedly.
Article 3
Article IV, internal affairs management system of the executive branch, a decision on the removal of personnel, requests and reports to the superior administrative organs, documents of the executive organs solely transmitted and administrative decisions on specific matters are not applicable.
The request for normative documents developed by the Government of the city is implemented in accordance with the relevant provisions of the State and the province.
Article 5
(i) Maintain the unity of the socialist rule;
(ii) Conduct in accordance with the legislative authority and procedures;
(iii) Streamlin, effectiveness and openness;
(iv) Guarantee the legitimate rights and interests of citizens, legal persons and other organizations;
(v) Reflecting the coherence of competence and responsibilities;
(vi) Sustainability, integrity and integrity.
Chapter II
The following administrative organs may formulate normative documents:
(i) Municipal, district (communication) and district governments;
(ii) The municipalities, districts (markets) and the sectors of the people's work;
(iii) Municipal, district (commune) and district government offices;
(iv) People's Government in the town.
The following Article 7 bodies shall not formulate normative documents:
(i) Interim administration;
(ii) The internal structure of the executive branch;
(iii) Proceedings coordinating bodies established to complete a specific mandate;
(iv) An organization that administers the administration in accordance with the legislative, regulatory and regulatory mandates, with the exception of laws, regulations or regulations.
Article 8 In order to implement the legal, regulatory, regulatory and normative documents of the superior administrative organs, the name of which is the phrase “implementation”.
The names of normative documents do not affect their nature and review of their legitimacy.
Normative documents are generally formulated in the form of provisions. In addition to the complexity of the content, chapters and sections are generally different.
Article 9. Terms of normative documents should be accurate, concise; the content of the provisions should be clear, specific and operational.
The content already specified in laws, regulations and regulations does not, in principle, duplicate the normative documents, specifying their names and provisions.
Article 10 Nor shall the following elements be established:
(i) Administrative licence matters;
(ii) Administrative penalties;
(iii) Administrative coercive measures;
(iv) Administrative expenses;
(v) The obligation of citizens, legal persons or other organizations to limit the rights of citizens, legal persons or other organizations.
(vi) Other matters to be regulated by law, regulations, regulations or superior administrative bodies.
Article 11. Normative documents are prepared by the executive body. The experts, research institutions may be invited, if necessary, to participate, or the experts, research institutions may be entrusted with drafting.
In the drafting of normative documents by municipalities and districts (markets), the communes' government organizations, it may be determined that they are specifically responsible for drafting and, in particular, normative documents may also identify drafting or organizing drafting by their rule of law institutions.
The content of normative documents relates to two or more sectoral mandates, which should be co-drafted by two or more sectors; joint drafting should take place in one sector and in collaboration with other sectors.
The development of normative documents by the municipal, district (communication), the people of the region's work sector can determine the responsibility of its relevant institutions.
Other executive bodies have organized the drafting of normative documents, taking into account paragraphs 2, 3 and 4.
Article 12. The drafting of normative documents should conduct a study on the need and feasibility of the development of normative documents, based on the relevant laws, regulations and guidelines, policies, with full knowledge of relevant information and information, and conduct studies on the issues to be addressed in normative documents, the main system to be established or the main measures to be set.
Article 13 Drafts normative documents and the drafting sector should listen to the views of the relevant organs and citizens, legal persons or other organizations. Hearing opinions may take a written request or form of a colloquium, a hearing, etc.
Normative documents relate directly to the important interests of citizens, legal persons or other organizations or the differences between the relevant organs, citizens, legal persons or other organizations with respect to them, the normative document-making body (hereinafter referred to as the design body) should hold hearings to seek the views of the various communities of society.
The convening of normative documents to establish hearings could draw on the regulations of the State of Sus State.
The drafting sector should consult on the content of the draft normative document, consult with the non-conclusive, report on the coordination or decision of the executive branch of the superior, civil, legal or other organizations on the content of the draft normative document, and the drafting sector should address it. Coordination and treatment of views should be reflected in the drafting note.
Article 14. Please provide the following material:
(i) Request for review;
(ii) Draft normative document;
(iii) A drafting note of normative documents, including the need for development, the main measures required, the conduct of research, the hearings and the coordination of the processing of views;
(iv) The legal, regulatory, and national policies based on the drafting of normative documents, as well as the normative documents of the executive organs at the municipal level (hereinafter referred to as the basis for the development);
(v) Relevant material for consultation;
(vi) Other relevant information.
The development of normative documents by the municipal, district (communication), the work sector of the people of the region may be provided by the relevant bodies that it is responsible for drafting.
Other administrative bodies have developed normative documents that require the drafting sector or agency to provide information on the material, taking into account article 1, paragraph 1.
Article 15. The texts of normative documents delivered by the municipality, the district (community), the Government of the District (Government Office) are jointly reviewed by the principal Government's rule of law body.
In the city, the district (market), the people's work sector, the delivery of normative documents by the sending authority is governed by the rule of law institutions of this body.
The Government of the town's normative document should be subject to the law clearance.
Normative documents of the Government or the sectoral rule of law (laws of the Government's documentation) for the delivery of the proceedings should be reviewed by law.
The legal review shall include the following:
(i) Whether there is a need and feasibility for development;
(ii) Are incompatible with the laws, regulations, regulations and national policies;
(iii) Does not contradict the normative documents of the superior administration;
(iv) Whether administrative licences, administrative penalties, administrative enforcement and administrative charges are granted;
(v) Whether there is an additional obligation for the administration and the limitation of its rights;
(vi) specify whether appropriate;
(vii) Other needs to be reviewed.
Article 16 provides for a draft normative document that is subject to review, and the rule of law institutions that establish organs may be modified, coordinated, uncoordinated with respect to differences of opinion, and requests the organ to decide.
The draft normative document is one of the following cases where the organ or its rule of law body may return it to the drafting sector or body, or require the drafting sector or agency to revise and resubmit requests for review:
(i) Incompatible with article 14 of this provision;
(ii) The opinion of the rule of law bodies concerning the review of article 15, paragraph 5 of this provision;
(iii) The basic conditions established are not ripe;
(iv) The content of the draft was more controversial and justified by the relevant organs.
The drafting sector or agency are required to revise and submit additional requests for review, and the drafting sector or agency should be completed within the specified period.
The draft normative document was reviewed by the body of rule of law established by the body of law, in accordance with article 14, article 15 of the present article, and was submitted by the rule of law to the relevant organs for consideration.
Normative documents developed by the municipalities, districts (markets), the people of the region should be considered by the municipal, district (commune) and the Standing Committee of the People's Government of the Region. Normative documents developed by the municipalities, districts (markets), the sector of work of the communes, police stations and the communes' governments should be considered by the development of office meetings.
The publication of normative documents should be signed by the principal holder of the body and used in the language of the normative document in a special language.
Article 19 Normative documents should be made public by the designating body. Unpublished societies cannot be used as a basis for the administration.
The design organs should publish normative documents on designated government websites or government bulletins, and may be made available in the form of newspapers, magazines, radio, television.
Article 20 normative documents should contain the date of publication and the date of implementation. Normative documents have been carried out after 30 days of the date of publication, but due to the need to maintain a major public interest, or if they are not immediately carried out would have a significant impact on the work of the Government or damage to the physical, property of citizens, legal persons or other organizations.
Article 21, the content of normative documents provides for a period of termination of normative documents.
As a basis for the development of laws, regulations, regulations and normative documents of the superior administrative organs have been repealed, and normative documents have been discontinued on their own.
Article 2 requires the immediate development of normative documents, with the approval of the main heads of the design organs, to simplify the process, by guaranteeing public safety and major public interest and by implementing urgent orders and decisions of the superior administration.
Article 23. The right to interpret normative documents is exercised by the designating body.
Article 24 should be established by the organ to keep the normative documents regularly clear. The organs should revise or repeal the published normative documents in accordance with the changes in laws, regulations, regulations and national policies and the actual situation.
The organs should compile, on a regular basis, normative documents published and cleared by this organ.
Submitted by normative documents
Article 25
The Government of the communes, the district (communes), the work sector of the communes, the normative documents developed by the police are presented by the designating organs (communes), the communes.
Several sectors have been developed jointly and sent by the host sector.
Article 26 is specifically responsible for the review and monitoring of the management of normative documents in this administrative region, in the city, in the district (community), in the Office of the Rule of Law of the People's Government (hereinafter referred to as the Government Rule of Law).
Normative documents of the referral are sent directly to municipal or district (market) institutions of the rule of law of the territorial Government.
Article 27 (Central), People's Government, municipalities, districts (communities), district government offices and town governments should send back to senior executive bodies (hereinafter referred to as supervisory bodies) within 20 working days of the publication of normative documents.
The municipalities, districts (markets), the sector of the people's work should be sent to the supervisory body within 10 working days from the date of publication of normative documents.
Normative documents are sent in a mail manner for the time of delivery of a mail record; they are sent in other ways to receive the date.
The following materials should be made available at the time of delivery of the normative document:
(i) One report on the normative documentation reserve;
(ii) Two formal versions of normative documents (one attached to electronic texts);
(iii) A drafting note on normative documents, the development of the basis of which the regulations are not provided, the legal review of opinions by Governments or sectoral rule of law bodies.
Article 29 provides that the issuance of normative documents is in accordance with articles 2, 27 and 28 of the present article, and the rule of law institutions of the Proclamation Authority are promptly registered; it is not a normative document and will not be registered and sent back to the office.
Incompatible with article 28, reports should be submitted without submissions, and the rule of law institutions of the supervisory body should inform the development organs of the addition of submissions within the specified period. The request for registration by the Government's rule of law body was calculated from the date of the replenishment of the material.
Article 31 Oversight bodies shall review the following matters of the normative documents for the submission:
(i) Are incompatible with the laws, regulations and regulations;
(ii) Whether it is contrary to the party and the national approach, policies;
(iii) Does not contradict the normative documents of the superior administration;
(iv) Whether administrative licences, administrative penalties, administrative enforcement and administrative charges are granted;
(v) Whether there is an additional obligation for the administration and the limitation of its rights;
(vi) specify whether appropriate;
(vii) Other matters requiring review.
Article 31 of the Government's rule of law institutions, when reviewing the normative documents of the request, needs to be consulted with respect to sectoral views, and the sectors consulted should respond within the prescribed time frame; and the need to complement the provision of relevant material or clarifications for the development of the normative document, should be provided and explained by the designating body within the time frame.
Article 32 contains one of the normative documents of the referral case, which is submitted by the law of the registrar's authority to the development body in writing of the changes or to be withdrawn by the competent monitoring body:
(i) Be incompatible with laws, regulations, regulations and party and national approaches, policies;
(ii) Contrary to normative documents developed by superior administrative bodies;
(iii) Non-compliance with statutory competence, procedures;
(iv) Other needs to be corrected or withdrawn.
After having received a decision by the competent oversight body or a written change of opinion, it must immediately cease the implementation of the normative document component or all of its contents, and from the date of receipt of a decision by the competent oversight body and its rule of law body or from 30 days from the date of the written restatement of the opinion, or be redirected or withdrawn within the deadline, and the processing of the supervisory body and its rule of law institutions.
The institution was refused to change or withdraw from the rule of law, which was brought by the law body of the statutory authority to the competent monitoring body and, if necessary, by the competent oversight body.
Article 33 normative documents are inconsistent with the normative documents of other executive organs at the same level, coordinated by the Government's rule of law bodies; coordination cannot be agreed and, with the consent of the same Government, the municipal rule of law body is decided.
The Government's rule of law bodies consider that the formulation of normative documents is based on contradictions or contradictions, and the Government of the people at this level has no authority to deal with it, should report to the Government's rule of law institutions at the highest level or bring to the authority to be treated in accordance with the law.
The rule of law organs of the Principality of the Procedural Oversight Body shall be reviewed within 15 working days of the date of receipt and shall receive prompt feedback from the development body in writing; the executive heads of the statutory bodies of the registrar shall agree that the duration of the review may be extended for a maximum period not exceeding 15 days. The extension of the period of review should be informed of the establishment of the body.
Article 33 fifteenth oversight bodies should be verified by written advice or recommendations from citizens, legal persons or other organizations on normative documents. Of these, normative documents may be problematic, and the supervisory body should be dealt with in accordance with articles 31 and 32 of this provision.
A body that receives written opinions or suggestions from citizens, legal persons or other organizations on normative documents should be verified. Of these, normative documents are problematic and the design organs should be reformulated or withdrawn.
Article XVI Oversight bodies should publish a directory of normative documents after review.
The development body shall send the directory of normative documents developed by this body to the supervisory body by the end of July and by the end of January of each year.
In the first quarter of each year, municipal, district and government rule of law institutions should submit annual reports to the current people on the development and documentation of normative documents for the previous year.
Chapter IV Oversight of the development of organs and the review body
Article 37 does not refer to the draft normative document to be issued by the author in accordance with this provision for the approval of the organ's rule of law body, and the existence of normative documents requires change or cancellation and accountability for the author. The responsibility of its rule of law institutions is vested with the establishment of a rule of law body to review the occurrence of normative documents that require correction or removal.
In the absence of the provision to send the normative document to the list of normative documents, the body of the statutory body of the Proclamation shall inform the development of the institution's deadlines; in the event of a serious nature, which is criticized by the competent oversight body.
The question of the existence of normative documents was not corrected, the delay of correction was criticized by the competent oversight body; the serious circumstances, the adverse consequences were caused by the authorities concerned and the administrative disposition of the competent and other direct responsibilities directly responsible for the development of organs was given by law.
Article 33 Eighteenvigo oversight bodies have received from normative documents that are not reviewed on time or that the issues identified in the review are not corrected, either by reason of their superior administrative organ's accountability for the period of time or criticism; in the event of serious, negative consequences, administrative disposition by the relevant authorities against the competent and other direct responsibilities directly responsible.
Chapter V
Article 39 establishes and remains effective normative documents prior to the operation of this provision, to be cleared by the designating body. The revised normative documents should be made available to society and sent to the supervisory body.
Article 40
The legal, regulatory or regulatory provisions of Article 7, paragraph (iv), refer to the formulation and documentation of normative documents of the authorized organization, in accordance with the normative documents of the Government's work sector.
The executive body has revised, repealed normative documents, taking into account the provisions.
Article 40