Haikou Normative Documents And Records Management

Original Language Title: 海口市规范性文件制定与备案管理办法

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(March 9, 2006 in Haikou municipal people's Government at the 52nd Executive meeting on March 17, 2006 in Haikou municipal people's Government promulgated as of June 1, 2006, 56th) Chapter I General provisions article in order to further strengthen the normative documents and records management, in accordance with the normative documents of Hainan Province and the registration regulations, combined with the city's actual, these measures are formulated.
    Standard documents in these measures refers to article II subject to municipal regulations, municipal and district people's Government and its departments, agencies and municipal people's Governments and laws and regulations mandate with a public management functions of the Organization in accordance with the statutory mandate to develop involving or affecting the citizens, legal persons and other organizations of the rights and obligations of generally binding administrative documents.
    Article III of normative document drafting, reviewing, decision, record, publish, these measures shall apply.
    The following situations, the procedures do not apply: (a) the executive authorities and the laws and regulations authorized the Organization to regulate the internal functions of public administration system and work procedures, recognition awards, personnel appointment and removal, forward the superior file decide on the specific administrative act and matters such as developing documents; (b) the vertical leadership of the administrative organs of the paper.
    Fourth municipal and district people's Government legal agencies responsible for review of the level of Government normative documents record; no established rule of law institutions of the district people's Government, the municipal government departments, Township people's Governments and the district people's Government departments, neighborhood offices, authorized by laws and regulations of public affairs management functions of the Organization shall designate a specialized agency responsible for the review of regulatory documents filed.
    Article fifth normative document and record management, legality and openness shall be observed, the principle of simplification, uniformity and efficiency.
    Shall be without prejudice to article sixth normative documents citizens, legal persons and other organizations, as well as the legitimate interests of the public interest.
    Normative documents developed in chapter II article seventh the following administrative bodies, organizations can develop normative documents ex officio: (I) municipal and district people's Government and its departments, agencies, (ii) the Township people's Governments; (iii) laws and regulations authorized public management functions of the organization.
    Article eighth the following institutions shall make no normative documents: (a) a temporary administrative body, (ii) the deliberation and coordination agencies and (iii) the executive organs; (d) the Government agency of the Department. Nineth normative documents by name, general approach, decisions, notices and so on. The municipal, district and township people's Government administrative area of normative documents of title shall be preceded by the name.
    Other normative documents of title shall be preceded by the development of unit names. Provisions of normative documents can use form, are generally not divided into chapters and sections.
    Drafting normative documents shall be literal presentation accurate, logical structure reasonable, legitimate and do not conflict with each other.
    Tenth standard document shall not require the following elements: (a) administrative licensing items; (b) matters of administrative penalties; (c) the compulsory administrative measures and (d) matters of administrative fees, (v) other matters shall be determined by law, regulations and rules.
    11th developing regulatory documents shall be in accordance with investigation and drafting, advice, compromise of differences, legal audit, review decisions, signed and promulgated procedures. 12th normative documents by the enacting body in charge of drafting and, if necessary, can also invite or commissioned experts, academics, research institutions responsible for drafting.
    Office of the municipal and district people's Government and the (room) when drafting normative documents, you can specify the level of Government functional departments in charge of the drafting process.
    Normative documents of the 13th article be it is necessary and feasible.
    Drafting normative documents to solve the problem, proposed the establishment of the main system and measures for energy conservation research and justification.
    14th draft normative documents submitted before the legal review, drafting units should be convened by written comments, forums, feasibility study meeting, hearing, listen to the views of relevant bodies, organizations and citizens.
    In written comments, departments should be for public comment within the time stated in their written submissions, and seal the back.
    Normative documents directly involving citizens, legal persons and other vital interests of the Organization and have a significant impact on the community, drafting unit shall hold a hearing or to the public, solicit the views of the community.
    15th article content when there is a major disagreement on the draft normative documents, drafting units should be coordinated; coordination fails, determined by the enacting body.
    16th draft normative documents should be enacted by the authorities responsible for legal review review of agency records. Development of normative documents by the Office of the municipal and district people's Government () forwards the level of Government responsible for legal review review of agency records.
    Drafter shall not have direct access to this level of Government is responsible for the review of agency records to draw the legal review.
    Without legal review of the draft regulatory documents shall not be submitted for deliberation.
    17th drafting units should provide legal review required of the following materials: (a) the draft normative documents and drafting instructions, (ii) views from all aspects, (iii) drafting of normative documents on the basis of laws, rules, regulations and other documents, (iv) other material to be submitted.
    18th article normative file draft of drafting description should including following content: (a) developed of need and feasibility; (ii) main according to of legal, and regulations, and regulations and the other file material; (three) sought views and adopted views of situation; (four) major differences views of coordination situation; (five) main content, and system and measures; (six) other need description of situation.
    19th law approved in principle only review the legality of normative documents, no review of the feasibility and appropriateness of; but the review found the feasibility or adequacy problems, proposals for amendment.
    20th is responsible for the review of institutions review regulatory documents filed shall issue a written legal opinion.
    Law review comments included the following: (a) beyond the legal authority of the enacting body, (ii) conflict with the laws, rules, regulations and policies and (iii) whether normative documents related to coordination, cohesion and (iv) other contents that require legal review.
    Article 21st for review of agency records of the legal opinion, drafting and enacting body shall be adopted inadmissible, shall state the reasons in writing.
    22nd developed regulatory documents shall be the enacting body Executive meeting or executive head office review decisions of the Conference.
    23rd enacted in the consideration of regulatory documents, issued in charge shall be formulated by the authorities. In front of the attention of the enacting body mainly responsible for the issuance of, regulatory documents should be forwards development agency responsible for review of record for legal verification opinion issued by the Agency.
    Without verification, the enacting body in charge shall not be issued.
    24th due to the protection of national security, social order and public interests or to deal with emergency situations such as emergencies and the development of normative documents, procedures can be simplified.
    25th regulatory documents shall be published after the 30th and, due to the need to protect national security and vital public interests, or released immediately after the execution could affect laws, except for the implementation of the rules, regulations and policies. 26th the enacting body shall, in accordance with the law, regulations, rules and policies as well as the actual situation change, normative documents of published timely modification or repeal.
    Amendment or repeal of the normative documents, procedures should be enacted in accordance with normative documents.
    Chapter III normative documents record 27th normative documents of registration shall not affect laws and regulations giving the enacting body to develop normative documents of legal authority. 28th article normative file since issued of day up 4 a days within, according to following provides submitted record: (a) City Government developed of normative file to province Government submitted record registration; (ii) District Government, and city government work sector developed of normative file to City Government submitted record registration; (three) Township government, and District Government work sector, and subdistrict offices developed of normative file to District Government submitted record registration; (four) legal, and
    Regulatory mandate with the function of public administration organizations in the development of normative documents, to submit their Government registration; (e) the joint drafting of regulatory documents, submitted in accordance with this regulation by the organizers-filing.
    29th article submitted to the registration, the following documents shall be submitted: (a) submit the letter of registration, (ii) normative documents and preparation of notes (including electronic copies) and (iii) the enacting body for review of agency records of the legal verification of (iv) development of normative documents on the basis of laws, rules, regulations and other documents and materials.
    Article 30th municipal people's Government development of normative documents, Office of the municipal people's Government shall, within 2 working days from the date of issue, submitted for the record all of the required documentation, Legislative Affairs Agency, and electronic text forwards; municipal people's Government legal agencies since the receipt of the record all the required documentation and electronic copies within 2 working days of the date, submit to the provincial legal registration. 31st article city, and District Government accepted record registration of, city, and District Government is responsible for review record work of institutions should since received submitted record registration of all file material and the electronic text of day up 2 a days within completed record registration, and according to following provides handle: (a) submitted record material complete, and meet provides form of, should unified registration number, and will registration situation and the number written notification developed organ; (ii) submitted record material not complete, and not meet provides form of, suspended record registration, by city, and District people's Government is responsible for the review of agency records to inform enacting body supplement or to submit for the record the material.
    Event or the filing meets the requirements of registration, registration number should be.
    Qualification does not have developed regulatory documents regulatory documents established by the Agency, municipal and district people's Government is responsible for the review of agency records not to register.
    32nd Governments and their departments at all levels should establish normative documents online filing system, use the Internet platform to carry out the registration work.
    33rd of municipal and district people's Government is responsible for the review of agency records should be before the 5th of each month, and last month the Government to register the same level of regulatory documents and the registration number, by mail, fax or e-mail submissions on which level of government legal agencies.
    34th of municipal and district people's Government is responsible for the review of agency records on the level of government registration of normative documents on the record review, found any violations of laws, rules and regulations, shall notify the enacting body corrected.
    Developed organ should since received corrected notification of day up 10 a days within, to city, and District Government is responsible for review record work of institutions submitted the file of legitimacy according to and the written description; developed organ in provides term within, both not submitted legitimacy according to and the description, also not itself corrected or by submitted of legitimacy according to and the description cannot established of, city, and District Government is responsible for review record work of institutions can proposed modified or revoked of processing views reported this level Government decided.
    35th citizens, legal persons and other organizations to view regulatory documents violations of laws, rules and regulations, to the municipal and district people's Government is responsible for review of agency records apply for legal review.
    36th of municipal and district people's Government is responsible for the review of Agency shall record within 30 working days from the date of receiving the application for review, as follows: (a) the document illegal, in accordance with the provisions of the present article 34th; (b) that the file is not illegal, state the reasons and inform the applicant in writing.
    37th of municipal and district people's Government is responsible for the review of institutions review regulatory documents when filing, you can ask about the level of Government or the lower level people's Governments to file comments, organs and departments concerned shall reply within the deadline. Article 38th between upper and lower level people's Government development of normative documents on the same subject of conflict, should be enforced the provisions of people's Governments; lower level people's Governments shall promptly modify the Government regulatory documents in the Government regulatory documents conflict with superior content or repeal the normative documents of the Government of the same level.
    Lower level people's Governments are not modified or abolished, its levels shall be responsible for the review of agency records to amend or withdraw comments at the level of Government decisions.
    Between district people's Government, the municipal sector, district people's Government and municipal sector development of normative documents on the same subject of conflict, coordinated by the municipal people's Government legal agencies; coordination fails, the municipal legislative affairs agency modify or withdraw comments submitted to the municipal people's Government for decision.
    The fourth chapter of normative documents released in accordance with this article and check out the 39th way registration shall not make public the implementation of normative documents. Regulatory documents filed after registration shall be specified by the Administration in time publications, the administrative structure within the public offering announced to the public on the newspapers and other media, can also be simultaneously posted on the Government Web site.
    Published normative documents record the registration number shall be indicated in normative documents.
    Normative documents not released to public, not as the basis for Administration.
    40th of municipal and district people's Government is responsible for the review of agency records compilation published by the Government on a regular basis should be filing regulatory documents.
    41st a citizen, legal person or other organization has the right to free access to published normative documents development agencies have an obligation to provide the normative documents have been published.
    Fifth chapter legal liability section 42nd organ of the following circumstances, the municipal and district people's Government is responsible for the review of agency records reported that the level of Government shall be ordered to correct or withdraw and give notice of criticism in serious cases, by the Executive Heads of the supervisory organ of the enacting body to be at the same level of accountability, and shall be directly responsible for developing organs primarily responsible and be given an administrative sanction.
    (A) developed normative file damage citizens, and corporate and other organization of lawful rights and interests of or social public interests; (ii) developed normative file on same matters made and superior or this level Government normative file phase conflict of provides; (three) developed normative file without legal audit be issued; (four) not made record registration,, announced implementation normative file; (five) other not according to this approach provides developed, and record and announced normative file of case.
    Article 43rd organs in violation of these regulations, to the citizens, legal persons or other organizations to provide free access to the normative documents have been published by the municipal and district people's Government is responsible for the review of agency records reported to the level of Government shall be ordered to correct and to give notice of criticism.
    44th review agency of record was not performance or improper fulfilment of normative documents of legal duties such as audit, for the record, resulting in serious consequences, by the supervisory organs at the same level of charge and directly responsible to administrative sanctions.
    The sixth chapter supplementary articles article 45th on specific applications of the measures by the municipal people's Government agency is responsible for the interpretation of the legal system.
                                                      46th these measures shall come into force on June 1, 2006.

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