Key Benefits:
(Summit No. 52 of 9 March 2006 of the Government of the People of the Sea considered the adoption of Decree No. 56 of 17 March 2006 of the Decree No. 56 of the Presidential People's Government Order No. 56 of 1 June 2006) Chapter I General In order to further strengthen the management of normative documents, this approach is developed in the light of the normative document of the Province of the Sea and the registration provisions of the registry. Article 2 of this approach refers to the universal and binding administrative texts of the obligations of citizens, legal persons and other organizations, in addition to the regulations of the Government of the city, the Government of the District and its working sectors, the dispatch of institutions, the Government of the town and the law, legislation authorizing organizations having a public administration function in accordance with the statutory mandate. Article 3. Drafting, reviewing, deciding, supporting, publishing and applying this approach. In the following cases, this approach is not applicable: (i) Documents developed by the executive organs and laws, legislation authorizing organizations with public administration functions to regulate the internal system of work and the process of work, recognition, personnel departure, referral of parent documentation and decision-making on specific administrative acts; (ii) The documentation developed by the executive body that is vertically led. Article IV. The authorities of the communes and the communes are responsible for the review of the normative documents of the Government at this level; the Government of the People of the Region without the establishment of the rule of law, the Government of the city, the Government of the communes, the work sector of the Government, the Street Office, the legal regulations authorize organizations that have the functions of the administration of public affairs to appoint specialized agencies responsible for the review of the normative documents of this unit. Article 5 The development and management of normative documents should be guided by the principles of legality, openness, simplification, harmonization and effectiveness. Article 6 establishes normative documents that shall not undermine the legitimate rights and interests of citizens, legal persons and other organizations and the public interest of society. Chapter II Article 7. The following executive organs and organizations may formulate normative documents in accordance with their mandates: (i) The city, the people of the region and their working sectors, the dispatch of organs; (ii) The people of the town; (iii) Laws, regulations authorize organizations with public management functions. The following bodies shall not formulate normative documents: (i) Interim administration; (ii) Proceedings coordination bodies; (iii) The establishment of institutions within the executive branch; (iv) Government service providers. Article 9. The title of the normative document of the Government of the urban, regional and communes should be nameed in this administrative region. Other normative documents should be entitled to form a unit name. Normative documents can be formulated in the form of the provisions, in general, without distinction. The drafting of normative documents should result in an accurate, logical structure, legitimacy and contradiction. Article 10 Nor shall normative documents contain the following: (i) Administrative licence matters; (ii) Administrative penalties; (iii) Administrative coercive measures; (iv) Administrative charges; (v) Other matters to be regulated by law, regulations and regulations. Article 11 should be developed in accordance with procedures such as research, consultation, coordination of differences, legal review, consideration of decisions, signature, publication. Article 12 Normative documents are generally drafted by the design body and, if necessary, may invite or entrust the relevant experts, scholars, research institutions. In organizing the drafting of normative documents by the city, the people of the region and their Executive Office (rooms), the competent government functions at this level could be designated to be specifically responsible for drafting. Normative documents should be necessary and feasible. Drafting units should conduct research on issues to be addressed in normative documents, key systems and measures to be established. Before the draft normative document was submitted to the legal review, the drafting cell should widely listen to the views of the relevant organs, organizations and citizens through written requests for advice, a colloquium, analysts, hearings, etc. A written request shall be made by the solicitation department within the prescribed time frame and shall include a reply from the public chapter. The content of normative documents relates directly to the interests of citizens, legal persons and other organizations, as well as the significant impact on society, and the drafting units should hold hearings or be made public in society to seek the views of all sectors of society. Article 15 should be coordinated by the drafting cell when there are significant differences in the content of the draft normative document; coordination is incomplete and is determined by the designating body. The draft normative document should be subject to legal review by the body responsible for reviewing the preparation of the case. The development of normative documents by the municipality, the people of the region is subject to a legal review by the institutions that are responsible for reviewing the request. The drafting cell shall not be brought to the legal review directly to the body responsible for reviewing the request. The draft normative document, which is not subject to legal review, may not be brought to consideration. Article 17 (i) Draft normative documents and drafting notes; (ii) Views on all aspects; (iii) Drafting laws, regulations and other documents based on normative documents; (iv) Other material to be delivered. Drafting notes on draft normative documents should include the following: (i) The need and feasibility established; (ii) Legal, legislative, regulatory and other documentation material based mainly on the basis of law, regulations and other documents; (iii) To seek advice and to adopt comments; (iv) Coordination of significant differences; (v) Key elements, systems and measures; (vi) Other needs clarification. The legal review of article 19, in principle, only examines the legitimacy of normative documents and does not review the feasibility and appropriateness; however, the review found that problems of feasibility or appropriateness could be suggested. Article 20 provides for the approval of normative documents by the body responsible for reviewing the work of the reserve and shall give written legal advice. The legal review includes the following: (i) Whether it goes beyond the statutory competence of the organ concerned; (ii) Are incompatible with the laws, regulations, regulations and policies; (iii) Whether there is coordination and interface with relevant normative documents; (iv) Other elements requiring legal clearance. Article 21 advises the legal review of the body responsible for reviewing the preparation of the case, which should be adopted by the drafting units and the designating organs; the reasons should be given in writing. Article 2 establishes normative documents that should be considered by the development of a standing body or by a executive office. Article 23, after consideration of adoption, should be issued by the principal holder of the design body. Prior to the issuance of the main heads of the design body, legal recognition should be given to the body responsible for reviewing the request. Without legal review, the main holder of the institution was not issued. Article 24 sets normative documents for emergencies such as security of national security, social order, public interest or response to emergencies, which may simplify the process. Article 25 Normative documents should be carried out after 30 days of the date of publication, except for legal, regulatory, and policy implementation because of the need to guarantee national security, the major public interest, or if they are not published. Article 26 shall establish organs that modify or nullify the published normative documents in a timely manner, in accordance with laws, regulations, regulations and policy adjustments, as well as actual changes. Amendments or repeals of normative documents should be made in accordance with the procedures established in normative documents. Submitted by normative documents Article 27 Registration of normative documents should not affect the statutory competence of law, legislation and regulations to establish normative documents by the organs. Article twenty-eighth normative documents have been sent within four working days from the date of issuance, according to the following provisions: (i) The normative documents developed by the Government of the city are registered to the Provincial Government; (ii) The normative documents developed by the Government of the People's Republic, the People's Government's work sector, are registered to the Government of the city; (iii) The Government of the communes, the work sector of the people of the region, the normative documents developed by the street offices are registered to the people of the region; (iv) Legal, legislative and regulatory authorization of normative documents developed by organizations with the functions of the management of public affairs, which are registered in their current Government; (v) Normative documents for joint missions are registered by the hosting units in accordance with the provisions of this approach. Article 29 Registration of requests shall be submitted to: (i) A letter of registration of a request; (ii) Normative documents and drafting notes (in electronic text); (iii) Legal review of the body responsible for reviewing the proceedings; (iv) Legal, legislative, regulatory and other documentation based on normative documents. Article 33 Article 31 Registration of the communes and the authorities of the communes responsible for the review process shall be completed within two working days from the date of receipt of all the documents and electronic texts registered in the voucher and in accordance with the following provisions: (i) The full and consistent form of submissions should be uniformed and the registration status and the written notification of the establishment of organs; (ii) The submission of back-to-back material is incomplete and incompatible with the prescribed form, and the suspension is registered by the municipality, the communes' Government, the body responsible for reviewing the preparation of the request, to inform the development body of additional or resubmissions. Removal or restatement material is consistent with the request for registration and should be registered. Nor does normative documents be developed by institutions that do not have the qualifications of the subject matter of normative documents, and the authorities of the city, region and people are responsible for the review of the request are not registered. Article 32 Governments and their sectors should establish a web-based registration system for normative documents and use the government Internet platform to conduct the registration process. Article 33 institutions responsible for reviewing the preparation of the case should be sent to their superior government rule of law institutions, including through mail, facsimile or e-mail, by 5 a month. Article 34, the authorities responsible for the review of the status of documentation by the municipality and the territorial Government conduct a desk review of the normative documents registered in the current Government case, finding that violations of laws, regulations and regulations should be communicated in writing to the design organs in a timely manner. The organs should submit the legal basis and written statements to the institutions responsible for the review of the proceedings within 10 working days from the date of receipt of the notice of the correcting, and to the authorities, within a specified period of time, neither the basis of legality nor the statement of legality nor the basis for the presentation or the statement of the legality of the submission, and the body responsible for the review of the preparation of the proceedings by the city, the people of the region, may propose amendments or withdraw the decisions of the Government. Article 35, civil, legal and other organizations consider that normative documents violate the laws, regulations, regulations and regulations, may submit a request for review of legality in writing to the institutions responsible for reviewing the request. Article 36 institutions responsible for the review of the request shall be dealt with as follows: (i) Consider that the document is incompatible with article 34 of this approach; (ii) Consider that the document was not in conflict with the law and that it was justified in writing and communicated to the applicant. In reviewing normative documents by the authorities responsible for reviewing the work of the review process, Article 37 may require the relevant departments of their current Government or the Government of the lower-level people to make observations on the content of the documents, and the relevant organs and departments should respond within the time frame. Normative documents developed between the Government of the people at the lower level of article 33 conflict the same matter and should be implemented in accordance with the provisions of the Government of the High-level People; the Government of the lower-level people should adapt in a timely manner the content of the Government's normative documents that are conflicting with the normative documents of the superior people or repeal the normative documents of the Government. The lower-level people's Government has not been amended or repealed in a timely manner, and the Government's decision is taken by the parent-level people's body responsible for reviewing the preparation. Normative documents developed between the people of the region, between the urban government, between the people's government, and between the city's Government and the municipalities' government authorities are conflicting in the same matter, coordinated by the municipal authorities' rule of law institutions; coordination is undesirable, and are presented by the authorities of the urban people's rule of law to report to the Government of the city. Chapter IV Publication and access to normative documents The normative documents that are not registered under this methodology shall not be published. After the registration of normative documents, it should be made available to society in a timely manner in media such as government-designated journals, newspapers published in the present administration area, or on the Government website. The publication of normative documents should indicate the registration of normative documents. Nor shall normative documents not be used as a basis for the administration. Article 40 institutions responsible for reviewing the request shall compile, on a regular basis, a list of normative documents registered by the current Government. Article 40 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. Chapter V Legal responsibility Article 42 establishes the following conditions in which the executive heads of the institutions responsible for the review of the vetting process are redirected or cancelled and criticized; in serious circumstances, the same-level inspectorate is accountable to the executive heads of the design organs and, in accordance with the law, to the executive disposition of the principal heads and direct responsibilities of the organ. (i) Develop normative documents that undermine the legitimate rights and interests of citizens, legal persons and other organizations or the public interest; (ii) The development of normative documents to conflict with the normative documents of the superior or current government; (iii) The development of normative documents without legal review; (iv) The publication of normative documents for the implementation of the pending registration No.; (v) Other cases where normative documents are not developed, submitted and published in accordance with this approach. Article 43 establishes organs that violate this approach without free access to the normative documents already published by this unit by citizens, legal persons or other organizations, and by the authorities responsible for the review of the request for changes in government orders and criticism. Article 44 does not perform or do not properly perform the functions of the legal review, filing, etc. of normative documents, with serious consequences being taken by the same-level inspectorate to administratively dispose of the principal and direct responsibilities by law. Annex VI The specific application of this approach is explained by the Government's rule of law institutions. Article 46 |
