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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(July 23, 2007, Suzhou people's Government of the 74th General session on July 25, 2007, 98th Suzhou people's Government promulgated as of October 1, 2007) Chapter I General provisions article, normative documents, in order to regulate the development and filing, strengthen the supervision of regulatory documents, maintaining the unity of the Socialist legal system, promoting administration according to law, in accordance with the People's Republic of China of the organic law of the local people's congresses and local people's Governments at various levels and the
    Rulemaking procedures Ordinance and the Archivist filing of regulations and regulations and other laws and regulations, this provision is enacted.
    Normative documents referred to in these provisions in article, refers to government regulations, the municipal administrative organs at various levels in accordance with the statutory powers and procedures relating to the rights and obligations of citizens, legal persons or other organizations, generally binding, the files can be applied repeatedly.
    Article III of normative documents in the administrative area of the city development, publication, registration, supervision and management, these provisions shall apply.
    Fourth administrative organ of internal affairs management system, personnel decisions, the up-level administrative organs and higher administrative authority, simply forward the report files, administrative decisions taken on specific issues, these rules do not apply.
    Regulatory documents established by the municipal people's Government for the record, according to relevant provisions of the State and province.
    Fifth article normative file of developed and record, should followed following principles: (a) maintenance socialist legal unified; (ii) in accordance with statutory terms and program for; (three) streamlined, and effectiveness, and public; (four) guarantees citizens, and corporate and other organization lawful rights and interests of; (five) reflected terms and duties consistency; (six) insisted has pieces essential, and has prepared will trial, and errors will correcting.
    Chapter II establishment of normative documents following executive authorities can establish normative documents of the sixth article: (a) the city and County (City) and District Government; (b) the city and County (City) departments, district people's Government, and (iii) the city and County (City) and district people's Government Agency; (d) the Township people's Governments.
    Article seventh the following institutions shall make no normative documents: (a) a temporary administrative body; (b) the organs of the Executive; (c) for the completion of a specific task and the establishment of the deliberation and coordination agencies and (iv) in accordance with the law, rules and regulations mandated by the administration of the Organization, except as otherwise provided by laws, rules or regulations. Article eighth name of normative documents, generally called "rules", "way", "rule", "rule", "views", "decisions" and "notice" and "notice".
    Where the content for the implementation of laws, regulations and rules and the higher administrative authorities of normative documents, which names former General known as "implementing" two words.
    Name does not affect the nature of normative documents and review of its legality. Normative document provisions for general form.
    Apart from the complex, and are generally not divided into chapters and sections.
    Nineth normative document language should be accurate and concise; provisions should be clear, specific, operational.
    Laws, rules and regulations have clearly defined contents, normative document provisions, in principle, will not repeat, really necessary reference should indicate their names and terms.
    Tenth standard document shall not be set to the following: (a) administrative licensing items; (b) matters of administrative penalties; (c) the compulsory administrative measures and (d) matters of administrative fees; (v) the establishment of obligations of citizens, legal persons or other organizations, restricting the rights of citizens, legal persons or other organizations.
    (F) shall be determined by law, regulations, regulatory matters or to a superior administrative authority. 11th normative document drafted by the Executive.
    If necessary, to invite relevant experts, institutions, may also appoint experts, research bodies.
    Cities and counties (cities), the district people's government organizations when drafting normative documents, can be determined by one or several of its departments responsible for drafting, particularly important normative documents can also be identified by its legal organization drafted or drafted.
    Normative documents covering two or more sector terms of reference should be drafted jointly by two or more departments; jointly drafted, should be dominated by a Department and other departments.
    City, County (City) and district people's Government departments to formulate normative document can be identified by its relevant institutions responsible for drafting.
    Other Executive organizations to draft normative documents, reference to second, third and fourth paragraphs of this article shall apply.
    12th draft normative documents, you should learn about laws, rules, regulations, guidelines and policies based on research on the necessity and feasibility of developing normative documents, sufficient to grasp the situation and information and normative documents to solve problems, to be established by the main system or the main measures to be provided for research demonstration. 13th draft normative documents, drafting departments shall listen to the relevant authorities and the views of citizens, legal persons or other organizations.
    Listen, may take written comment or convene seminars, feasibility study meeting, hearing and other forms.
    Normative documents directly related to the vital interests of citizens, legal persons or other organizations or bodies, citizens, legal persons or other organizations have significant differences, normative documents of the enacting body (hereinafter referred to as the enacting body) should hold hearings to solicit views of the community.
    Normative documents held hearings can refer to the Suzhou rulemaking hearing procedures. Relevant content disagreement on the draft regulatory documents, drafting departments shall consult, through consultation, coordination of report to the higher administrative authority or ruling; citizens, legal persons or other organizations to comment on the draft regulatory documents, drafting of the sector should be studied.
    Coordination of views and deal with the situation, should be stated in the drafting instructions.
    14th article reported to the city or County (City), and district people Government released normative file, should provides following material: (a) reported to the audit of asked; (ii) normative file draft; (three) normative file of drafting description, including developed of need, and provides of main measures, and research argument situation, and heard views and views coordination processing situation; (four) drafting normative file by according to of legal, and regulations, and regulations and national policy and city level above administrative organ of normative file (following referred to developed according to);
    (E) to seek the views of relevant material, and (vi) other relevant information.
    City, County (City), the district people's Government departments release documents can be provided by its related agencies responsible for drafting materials provided for in the preceding paragraph.
    Publishing normative documents developed by other executive needs to draw up departments or institutions providing related materials, reference to the provisions of the first paragraph of this article.
    15th of municipal or County (City) and district people's Government (Government Office) standard document draft audited by the Government legal organization responsible for the corresponding level.
    City, County (City) and district people's Government departments and agencies draft by the legal bodies of the normative documents for the single audit.
    Town government regulatory documents draft should be a responsible legal review.
    Or Department of the Government legal organization (town government documents legal auditor) to submit regulatory documents shall be issued by the law review submissions.
    Legal audit views should including following content: (a) whether has developed of need and feasibility; (ii) whether and legal, and regulations, and regulations and national policy phase conflict; (three) whether and superior administrative organ normative file phase contradictions; (four) whether unauthorized set administrative license, and administrative punishment, and administrative forced, and administrative charges, matters; (five) whether additional administration relative people of obligations and limit its right; (six) specific provides whether appropriate; (seven) other need audit of content.
    16th report to the examination of the draft regulatory documents, development of legal entity can be modified, coordinated; differences of opinion coordination fails, the approval of the enacting body to decide.
    Normative file draft has following case one of of, developed organ or its legal institutions can will its returned drafting sector or institutions, or requirements drafting sector or institutions modified, and added material Hou again reported to the audit: (a) not meet this provides 14th article provides of; (ii) legal institutions on this provides 15th article fifth paragraph of audit views think has problem of; (three) developed of basic conditions is not mature of; (four) about organ on draft of content has larger dispute and reason more full of.
    Requirements draft amendment materials submitted to the Department or agency audit, drafting departments or agencies should be completed within a specified period.
    17th draft normative documents examined by the legal organization of the enacting body, in line with the provisions set forth in the 14th, 15th, for consideration by the rule of law institutions drew attention to the relevant meetings of the enacting body. City, County (City) and district people's Government development of normative documents, shall be approved by the municipal or County (City) and district people's Government Executive meeting consideration of the decision.
    City, County (City), the district people's Government departments and agencies, Township people's Government development of normative documents, decision shall be subject to consideration by the Development Office.
    18th article published normative documents shall be signed by the enacting body in charge of, and use special normative documents of document subject Dick in the official generic term. 19th regulatory documents shall be determined by the enacting body to the public.
    Was not announced to the public, not as the basis for Administration.
    Government of the enacting body shall specify websites or normative documents are published on the Official Gazette, also by newspapers, magazines, radio, television and other forms of publication. 20th standard document shall set forth the date and the effective date.
    Normative documents implemented since the release date of 30th, but need the vital public interest, or release immediately after the execution of the Government caused significant effects of citizens, legal persons or other organizations or personal and property losses, can be implemented from the date of publication.
    Normative documents set out the 21st stage, developing organs should be provided in the normative documents regulatory documents the end of time.
    As a basis for developing laws, regulations, rules, higher administrative authorities of normative documents have been abolished, normative documents to terminate itself.
    22nd due to major disasters, safeguarding public security and vital public interests, implementation of higher administrative authority of emergency orders and decisions, and so on, require immediate development of normative documents, approved by the enacting body primarily responsible to simplify procedures.
    23rd interpretation of normative documents, exercised by the enacting body. 24th the enacting body shall regularly clean the normative documents.
    The enacting body shall, in accordance with laws, rules, regulations and national policies, as well as the facts change, to amend or abolish the published normative documents.
    The enacting body shall regularly compile normative documents of the authorities have released and cleared.
    Chapter III of normative documents for record 25th counties (cities), district and municipal people's Government departments and agencies development of normative documents by the development of organ of municipal people's Government for the record.
    Township government, counties (cities), the district people's Government departments and agencies developing normative documents developed organ of the County (City) and district people's Government for the record.
    Several departments developed jointly, by the sponsoring departments submit for the record.
    Article 26th city, County (City) and district people's Government Affairs Office (hereinafter referred to as government legal agencies) responsible for the administration of the normative documents for the record review and regulatory process.
    Normative documents submitted for the record, sent directly to the municipal or County (City) and district people's Government legal agencies.
    27th counties (cities), district, city and County (City) and district people's Government agency, Township people's Governments shall be normative acts within 20 working days from the date of issue, higher administrative bodies (hereinafter referred to as record supervisory authority) to submit for the record.
    City, County (City) and district people's Government departments from the normative documents within 10 working days from the date of issue, to record supervisory authority record.
    Normative documents submitted by post, recorded with delivery postmark date for submitting time submitted in other ways, to the date of receipt of submissions.
    28th when normative documents submitted for the record, the following documents shall be submitted: (a) the normative documents for filing reports 1, (ii) 2 office copy of normative documents (with electronic text 1); (c) the drafting of normative documents note, the basis (regulatory basis is not provided above), Government or legal entity legal audit 1 submissions.
    29th submit regulatory documents in accordance with the provisions of article II, 27th and 28th article, filing timely filing acceptance of registration of legal institutions of supervisory authority; not part of the normative documents, registration, and returned to the submitting Unit report materials. Not in conformity with article 28th, but not submitted documents shall be submitted, for the legal organization of the supervisory authority shall notify the enacting body supplement submitted within a specified period.
    Government legal agencies filing acceptance of registration time from date on which the complete material added.
    30th article record supervision organ should on submitted record of normative file of following matters for review: (a) whether and legal, and regulations and regulations phase conflict; (ii) whether and party and national of approach, and policy phase against; (three) whether and superior administrative organ normative file phase contradictions; (four) whether unauthorized set administrative license, and administrative punishment, and administrative forced, and administrative charges, matters; (five) whether additional administration relative people of obligations and limit its right; (six) specific provides whether appropriate;
    (G) other matters requiring review.
    31st government legislative bodies in reviewing the record of normative documents, need to seek the views of the relevant departments, consulted the Department shall respond within the prescribed time; supplements need to be developed to make the normative documents of the relevant material or description of the situation, the enacting body shall be provided within the time limit specified and a description.
    32nd article submitted record of normative file has following case one of of, by record supervision organ legal institutions to developed organ proposed corrected of written views or drew attention to the record supervision organ be revoked: (a) and legal, and regulations, and regulations and party and national of approach, and policy phase conflict of; (ii) and superior administrative organ developed of normative file phase contradictions of; (three) not meet statutory permission, and program of; (four) other need corrected or revoked of.
    Enacting body receives record supervisory organs after the correction of the revocation of a decision or written submissions, implementation of the normative part or all of the contents of the file must be stopped immediately, and receipt of the filing oversight organs and legal institutions of decision or correction in writing submission date of 30th or within the time limit or even cancel itself, and will be filed written report on the results of supervisory authority and its legal institutions.
    The enacting body's refusal to correct it, by filing legal bodies for the attention of supervisory authority filed a supervisory authority to alter or revoke, if necessary, be changed or revoked by the record supervisory authorities directly.
    33rd record of normative documents conflict with other normative documents of the administrative organs at the same level, coordinated by the Government legal organization; coordination agreement cannot be reached, the same level after the Government agreed to, by the treatment decisions of legal bodies.
    Government legal institutions to consider filing regulatory documents developed according to contradictory or inconsistent, and the people's Governments at the corresponding level is not competent to deal with should be higher government legal agencies report, or that the duly empowered authorities dealt with according to law. Article 34th record the legal organization of the supervisory authority shall, within 15 working days from the date of the acceptance review has been completed, timely feedback in written form and review the enacting body; for more professional or special circumstances, after filing the legal organization of supervisory authority in charge agreed to extend the review period, be extended by a period of no longer than 15th.
    Extension of the review period, it shall notify the enacting body. 35th record supervisory organs receiving citizens, legal persons or other organizations for written comments or recommendations of the regulatory documents shall be verified.
    Among them, the normative documentation there may be a problem, for the supervisory authority should be dealt with according to the provisions article 30th, 32nd. The enacting body receiving citizens, legal persons or other organizations for written comments or recommendations of the regulatory documents shall be verified.
    Among them, the normative document there is a problem, the enacting body shall itself or even cancel.
    Article 36th record after record review, the supervisory authorities shall regularly announce the list of normative documents.
    The enacting body shall at the end of July each year and by the end of January the following year, the semi-annual regulatory documents submitted for the record set by supervisory authorities.
    City, County (City) and government legal agencies shall, in the first quarter of each year, on the previous development of the normative document and record of the year, annual report to the the people's Governments at the corresponding level. The fourth chapter of the enacting body and filing oversight bodies the 37th do not draft normative documents to be submitted to the development authorities in accordance with the rule of law issued by the institution and signed by approved, standard illegal to correct or cancel the file appears, hold individual accountable.
    A normative document drafted legal institution appears illegal to correct or cancel, investigate its legal liability.
    Development of normative documents in accordance with these provisions not be submitted the record, do not submit regulatory documents, by filing the legal organization of supervisory authority informed the enacting body to correct within serious cases, supervised by the filing Department informed criticism.
    Problems refuses to correct existing normative documents, delay correction, by the filing oversight bodies criticized; serious, adverse consequences, directly by the relevant departments of the enacting body in charge of personnel and other persons directly responsible shall be given administrative sanctions.
    Normative documents before the 38th record supervisory organs are not reviewed, does not review or the review found that the problem is not corrected in time, the higher administrative authority shall order within a time limit or be criticized; serious, adverse consequences, directly by the relevant departments of the responsible supervisors and other personnel directly responsible shall be given administrative sanctions. 39th in this article before the implementation of the provisions of the fifth chapter schedule development and normative documents are still valid, by the enacting body to be cleaned.
    After clearing regulatory documents shall be released to the community, and Directory submit for the record the supervisory authority for the record.
    40th city, County (City), District Office forwards normative documents referring to this government regulatory documents for processing.
    The article seventh paragraph (d) of law, within the meaning of regulations or otherwise provided by the regulations authorize the Organization and introduction of normative documents filed by reference to provisions of normative documents for government departments.
    Revised, repealed the executive authorities of normative documents, reference to these provisions.
                                                                                                          41st these provisions come into force on October 1, 2007.

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