Advanced Search

Nanchang Normative Documents And Filing Methods

Original Language Title: 南昌市规范性文件制定和备案办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

(Adopted by the 43rd Standing Committee of the People's Government of South-North, 1 November 2006 No. 117 of 20 November 2006 of the Decree No. 117 of the Government of the South Turkmen Republic of 1 January 2007)

Chapter I General
Article 1, in order to regulate the conduct of normative documents by administrative organs, enhance oversight of normative documents, improve the quality of normative documents, preserve the rule of law, develop this approach in the light of the provisions of the Regulations of the State Department, the Regulations and Rules of Procedure.
Article 2 of this approach refers to normative documents that, in addition to the regulations of the Government of the city, are formulated and published by the executive organs at all levels of the city in accordance with their statutory powers, in relation to the rights, obligations of citizens, legal persons or other organizations, which have been applied repeatedly over a period of time and are generally binding.
Normative documents include governmental normative and sectoral normative documents.
Article 3. Drafting, reviewing, deciding, publishing and filing of normative documents.
The development and preparation of normative documents for the executive organs that are vertically led are carried out in accordance with the relevant provisions of the State and the province.
Article IV. Rule of law institutions at all levels of administration or institutions responsible for the rule of law (hereinafter referred to as the rule of law body) are responsible for the specific work of normative documentation formulation and documentation.
Chapter II
Article 5
Article 6. In-house and temporary bodies of the executive branch shall not develop normative documents in the name of the institution.
Article 7. Administrative licences, administrative penalties, administrative fees and other matters to be established by law, regulations and regulations shall not be granted.
Article 8
The title of normative documents should be based on the applicable regional name.
Normative documents are generally formulated in the form of provisions.
Article 9 establishes normative documents to be carried out in accordance with established subparagraphs, research drafting, consultation, coordination of differences, review of amendments, review decisions, signatures, publication.
Article 10. The work sector of the people at all levels considers it necessary to develop governmental normative documents that should be informed by the Government of the people at this level, as well as by the need for normative documents of the Government, the key issues to be addressed, the main system to be established, and by the Government of the people at this level.
The people's work sector at all levels, in accordance with its statutory mandate and work needs, decides to develop sectoral normative documents.
Matters relating to the mandates of the two sectors require joint development of sectoral normative documents and joint sectoral decisions.
Article 11 Government normative documents are specifically designed by a department established by the Government or by more than two sectors.
Sectoral normative documents are defined by the department.
More than two sectors have jointly developed sectoral normative documents, which could be negotiated for the establishment of a sector organization or for drafting by the relevant departments.
The drafting of normative documents, or the drafting sector or body should organize in-depth research by drafting agents, summarize practical experience and widely listen to the views of relevant organs, organizations and citizens. The hearings can take a variety of written requests, colloquiums, symposia and hearings.
Article 13 concerns about the drafting of normative documents by organs, organizations and citizens, and the drafting sector or institutions should be carefully studied.
The normative documents drafted relate to the responsibilities of other departments or to the close relationship with other departments, with differing views from other departments, the drafting sector or institutions should consult fully with them; and, if fully consulted, the information should be provided in the presentation of the normative document.
Following the completion of the drafting of the Government's normative documents, the drafting sector should convene sectoral office meetings to discuss the delivery of normative documents and send them to the Government of the people at this level by the main holder.
More than two departments have been co-drafted, and the drafting sector should convene sectoral office meetings to discuss the draft normative document and send the present people's Government together with the principal holder.
Article 15. The following materials shall be made available when the Government's normative documents are delivered:
(i) Drafting of normative documents and drafting notes;
(ii) Views on all aspects;
(iii) Research reports and conference records;
(iv) Drafting laws, regulations and other documents based on normative documents;
(v) Other material to be delivered.
A drafting note on the drafting of the draft text of the Government's normative document should include the following:
(i) The need and feasibility established;
(ii) Legal, regulatory, and other documentation materials based on the law, regulations and other documents;
(iii) The main elements, systems and measures set out;
(iv) To seek advice and to adopt comments;
(v) Coordination of significant differences;
(vi) Other needs clarification.
The text of the Government's normative document was reviewed and amended by the Government's rule of law institutions.
Following the completion of the drafting of sectoral normative documents, the drafting body should communicate, in a timely manner, copies of sectoral normative documents and drafting notes and other related materials to the rule of law institutions in the sector.
Article 18
(i) The basic conditions for the development of normative documents are not ripe;
(ii) The main content of the provisions of the draft articles on the delivery of normative documents is more controversial and the drafting sector or body are not consulted;
(iii) The material submitted for review is not in accordance with article 15, article 16 and article 17, paragraph 2.
The rule of law institutions, in reviewing, modifying the presentation of normative documents, should carefully study the views of all parties and, if necessary, seek the views of the parties concerned; coordinate and agree on the differences between sectors or institutions; and should not be agreed upon to present the main issues, the views of the relevant departments or agencies and the views of the rule of law institutions on the part of the people's government or the decisions of the current sector.
Article 20 provides that the rule of law body should, after completing the review and modification of the draft texts of normative documents, form the draft normative document and a note on the draft. It should include the development of key issues to be addressed in normative documents, the establishment of key measures and coordination with relevant departments or agencies.
Draft normative documents and clarifications were signed by the principal heads of the rule of law body to present recommendations for consideration by the Government of the people at this level or by the sector.
Article 21 Government normative documents should be considered by the Standing Committee of the People at this level.
Sectoral normative documents should be considered by the office of the office.
Nor shall normative documents that are not reviewed by the rule of law bodies be brought to the deliberations of the Standing Committee of the Government or the sectoral office.
Article 2 Rule of law institutions should modify the draft normative document with the drafting sector or bodies, in accordance with the deliberations of the Conference, by making a revised draft report requesting the Government of the current people or the principal heads of the sector to sign.
Normative documents developed jointly by the two sectors are signed by the main heads of the sectors jointly developed.
Article 23. Normative documents should be made available to society in a timely manner through the Government's bulletins, government websites, the media.
Nor shall normative documents not be used as a basis for the administration.
Article 24 should be implemented after 30 days of the date of publication. However, as a result of guaranteeing national security, the need for a major public interest, or the fact that the publication would not be immediately followed would impede the operation of normative documents, can be carried out from the date of publication.
Article 25 requires the immediate development of normative documents, with the approval of the Government of the current people or the principal heads of the sector, to simplify the process.
Article 26 The normative document formulation body shall modify or repeal the published normative documents in due time, in accordance with changes in practice, as well as changes in laws, regulations, regulations and policies relating to superior organs.
The procedure for revising, repealing normative documents is governed by this chapter.
Article 27 provides citizens, legal persons or other organizations with the right to free access to the normative documents that have been published and the obligation of the organ to provide normative documents that have been published by this unit.
Submitted by normative documents
Article twenty-eighth normative documents have been sent by the designating organs within 30 days of the date of publication:
(i) The normative documents developed by the Government of the city are sent to the Government of the province;
(ii) The Government of the People's Republic (zone), the Ministry of the Work of the People's Government, and the normative documents developed by the commune government's offices are sent to the Government of the city;
(iii) The Government of the People's Republic, the district (zone) People's Department of Work, the People's Government of the District (zone) dispatched normative documents to the commune (zone) government;
(iv) The normative documents developed jointly by the two sectors are sent by the host sector pursuant to subparagraphs (ii) (iii).
Article 29, in accordance with the normative document of the submission of the present methodology, is governed by the rule of law institutions that establish the rule of law of the organs.
Submissions of normative documents should be submitted to such material as back-up reports, the text of normative documents and notes, and, in accordance with the prescribed format, a list of five.
The submission of normative documents is conditional and should be accompanied by an electronic version of the normative documents.
Article 33
(i) A normative document that is mandated by this approach, which is registered in full and in accordance with the prescribed format;
(ii) A normative document under this approach, but the material delivered is incomplete or incompatible with the prescribed format, the suspension of registration and the notification of the supplementary or resubmission of documentation by the designating body. Removal or resubmissions are required and registered;
(iii) It is not a normative document under this approach, which does not register, informs the designating body and explains the reasons.
Article 31 of the certified normative document is published on a regular basis in the Official Gazette (Police), the Government website or the media.
Article 32 should be progressively established by the executive organs at all levels to establish the online registration system for normative documents and to conduct the registration process using the political Internet platform.
Article XIII provides for a review of the normative documents of the submission by the competent organ of the law of the competent organ, on the following matters:
(i) Are incompatible with the law, regulations, regulations;
(ii) Whether administrative licences, administrative penalties, administrative fees and other matters that should be established by law, regulations, regulations;
(iii) Whether it is incompatible with superior administrative decisions, orders;
(iv) Whether different normative documents are consistent with the provisions of the same matter.
In reviewing normative documents by the competent organs of the law, the relevant organs are required to submit their views, and the relevant organs should respond within the time frame; there is a need for institutional clarifications, and the designating body should provide clarification within the time frame.
Article 33, paragraph 1 (i) to (iii) of the normative document is reviewed, and is recommended by the law-making body of the statutory organ of the author to correct the body within the prescribed time frame; to establish an organ that is late in correction; and to submit a decision by the competent body of law to deal with the status of views to the Government of the people and to inform the design organs.
Article XVI is not consistent with the provisions of the same matter by different normative documents and is addressed in accordance with the following provisions:
(i) The different sectors to which the Government belong, are coordinated by the rule of law institutions of the current people;
(ii) The different branches of the Government of the lower-level people are developed separately and coordinated by the Government's rule of law institutions;
(iii) The departments of the Government of the High-level People are in line with the lower-level people's Government and are coordinated by the Government's rule of law institutions.
In coordination with the rule of law institutions, agreement is made by the competent authorities to correct themselves; it cannot be agreed upon in coordination, by the responsible rule of law body to submit a report on the decisions of the people at this level and to inform the design body.
Article 37 The normative document development body shall, within 30 days of the date of receipt of the notification under article 35 and article 36 of this approach, communicate the case to the rule of law body or the body responsible for coordination.
Article 338 State organs, social groups, business organizations, civil perceptions that normative documents are incompatible with the law, regulations, regulations and superior administrative decisions, orders, or that different normative documents are inconsistent with the provisions of the same matter, may submit a review proposal in writing to the author's body for consideration by its rule of law institutions.
Article 39 The normative document development body shall be sent to the governing body by the end of January of the previous year a list of normative documents developed.
In the first quarter of each year, the law-making body of the Authority conducts a briefing on the previous annual normative documentation and conducts inspections based on the facts.
Chapter IV Legal responsibility
Article 40 provides one of the following conditions for the development of normative documents, which are criticized and modified by the Government of the current people or by the Government of the last-level people; and administrative disposition by the competent body responsible for the consequences of the adverse consequences, in accordance with the law:
(i) No access to normative documents already published by this unit is provided free of charge to citizens, legal persons or other organizations;
(ii) Not to submit a normative document in accordance with this approach.
Chapter V
Article 40