Tianjin Normative Documents Record Approach

Original Language Title: 天津市规范性文件备案办法

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     First in order to maintain the unity of the Socialist legal system, strengthen supervision over the work of developing normative documents, based on the Archivist filing of regulations and Ordinance (promulgated by Decree No. 337), combined with the municipality, these measures are formulated.
     Second, normative documents of record, these measures shall apply.
     This approach by said normative file, is by City Government belongs the sector, or by legal, and regulations authorized management public affairs of organization, or by District Government and the belongs the sector, or by Township government in accordance with statutory permission and program developed of, on citizens, and corporate or other organization of right, and obligations has general binding of various decided, and provides, and command, and approach, and rules, and notification, file of General. Third article normative file developed organ for implementation legal, and regulations and Government regulations, in its statutory of terms range within developed with implementation sex, and implementation sex, has following content of normative file should record: (a) administrative punishment; (ii) administrative forced measures; (three) administrative approval license and registration, and record; (four) administrative career sex charges; (five) market access conditions, and standard, and range, and qualification, and qualification; (six) involved China joined World Trade Organization of commitment; (seven) on citizens, and corporate and other
     Other obligations under the organization.
     Normative documents with regard to the Executive Management, HR, finance and Foreign Affairs, excepted.
     Article fourth normative documents issued by the authorities of normative documents are responsible for.
     Normative documents for the record review, implementation of head, classification management, essential, the principle of trial, any mistake will be corrected.
     Regulatory documents shall be from the date of publication of the fifth article in the 20th, submitted for the record in accordance with the following provisions: (a) the Department of the municipal government, and laws and regulations authorize the management of public affairs, the municipal organizations and normative documents issued by the district and county people's Government development, to the municipal people's Government for the record.
     Department of the municipal management of subordinate normative documents issued by the institution, after review by the Department of the municipality to the municipal people's Government for the record.
     (B) Department of the county-level people's Government, and laws and regulations authorize the management of public affairs of the district level organizations and developing normative documents issued by the people's Governments of villages and towns and the district and county people's Government for the record, as well as higher administrative departments for the record.
     (C) two or more government agencies and laws and regulations authorize the management of public affairs organizations jointly developed normative documents issued by, to the people's Governments at the same level for the record by the organizers, and developed jointly by the departments and organizations to their respective administrative departments at a higher level for the record.
     Sixth municipal people's Government led to the municipal normative documents for record.
     Municipal Government departments, district and county people's Governments and their subordinate departments shall carry out normative documents record duties.
     Article seventh municipal people's Government legal agencies according to this approach the fifth paragraph (a), (c) provides that normative document submitted to the municipal people's Government is responsible for the recording, and in fulfilling its oversight responsibilities.
     District and county people's Government legal agencies according to this approach the fifth paragraph (b), (c) the provision, is responsible for the district and county people's Government submitted to the normative documents for the record and in fulfilling its oversight responsibilities.
     Department of the municipal legal system in accordance with the article fifth subparagraph (a), (b), (c) the provision, to the work of the departments to submit regulatory documents filed.
     Eighth submitted in accordance with these measures filed regulatory documents, we sent similar legislative affairs agency or Department of the municipal people's Government legal agencies, and submit the following materials: (a) filing reports, (ii) normative documents of text; (c) normative documents and the Government legal agencies an audit opinion. Archival materials in accordance with the format bound, a set of five copies.
     Normative document file format, developed by the municipal people's Government legal agencies.
     Submit regulatory documents filed shall be submitted electronic texts of normative documents.
     Normative documents note before Nineth and legal agencies an audit opinion, shall include the following information: (a) to develop the necessity, according to the specification and main contents of the file, (ii) Government legislative bodies to regulate content and develop procedures to review the situation.
     Tenth article submitted to the normative documents for the record, in line with the provisions stipulated in the third, eighth and Nineth, similar legislative affairs agency or Department of the municipal people's Government legal agencies to register; do not meet the requirements of article III, no registration; article, but does not meet the requirements of the eighth and Nineth, defer to register.
     Suspension of register, by the people's Government at the legal organization or legal notice municipal people's Government departments to develop supplementary submission filed or submitted for the record again, complementing or re-submitted for the record in accordance with the provisions of, be recorded.
     11th normative documents upon filing shall be announced to the public.
     Normative documents registered by the municipal people's Government for the record, by the enacting body in the Tianjin government newspaper published normative documents by district and county people's Government filing, by the enacting body in this county take appropriate forms available to the public.
     Without the filing of regulatory documents, belonging to the unfinished standard document procedures, are not considered normative documents.
     12th State organs, social organizations, enterprises, institutions and citizens considered normative documents of any unlawful or inappropriate content, can contribute to the Department of the people's Government of the people's Government at or review in writing proposals, government legal agencies within 60 days from the date of receiving the written review proposals, the review of regulatory documents, and put forward opinions and respond to proponents.
     13th government legal agencies to submit for the record the normative documents, substantive and procedural review of the following: (a) beyond the permission, (ii) violation of the provisions of the laws, regulations and rules and (c) conflict with other normative documents, (iv) improper content and form; (e) violation of legal procedures.
     14th the Government legal organization needs related to normative documents complementary materials, description of the situation concerned the enacting body shall receive supplementary, description, date of the notification to submit relevant materials in the 7th and explained the situation; sent to appropriate authorities for comments, relevant authorities shall, within the receiving date of 10th just fax or telex me. 15th article government legal institutions in record review in the found problem of, according to following provides processing: (a) normative file has this approach 13th article subsection (a), and (ii), and (four), and (five) items case of, by sibling government legal institutions or city government belongs sector legal institutions recommends developed organ in 30th within itself corrected, itself corrected during normative file stop implementation; no due reason late not corrected of, by sibling government legal institutions or city government belongs sector legal institutions proposed revoked
     , Changing opinions, reported the people's Governments at the corresponding level decisions.
     (B) normative documents the way the 13th paragraph (c), coordinated by the people's Government at the legal agencies and, if necessary, should also seek the views of competent administrative departments of different levels on the enacting body; coordinated agreement cannot be reached, proposed by the people's Government at the legal opinions, reported the people's Governments at the corresponding level decisions.
     (C) to the county people's Governments and administrative departments at the same time at a higher level for the record of normative documents, related government legislative bodies disagreed, coordinated by the municipal people's Government legal agencies; coordinated agreement cannot be reached by the municipal legislative affairs agency comments, submitted to the municipal people's Government for decision.
     (Iv) normative documents on the technical problems, rule of the people's Governments at the same level institutions or municipal Department legal opinions to a development authority, by the enacting body to deal with.
     16th the Government legal organization in accordance with the means 15th article review regulatory documents filed shall, from the date of receipt of the record in the 30th put forward opinions and informed the development authority; need to be submitted to the people's Government at the decision, extend the 30th.
     17th normative documents should be developed by January 31 in each year for the preceding year of regulatory documents submitted to the registration authority for reference checks.
     Municipal and district people's Government legal normative documents for the record first quarter of each year on the previous year to report the situation, and supervision according to the actual situation.
     18th of municipal and district people's Government legal agencies to inspect lower levels of Government and established by the Department in accordance with normative documents provided for in article III of this approach, the organizations concerned should support.
     19th article for not submitted normative file record, or not on time submitted normative file record of, once found, by sibling government legal institutions or city government belongs sector legal institutions notification developed organ deadline submitted; late still not submitted of, by sibling Government or city government belongs sector give informed criticism, ordered deadline corrected, and by about organ or administrative monitored organ held main head and directly responsibility people of administrative responsibility. 20th country presence to the city administration to develop normative documents, in accordance with the measures reported to the municipal people's Government for the record.
     Otherwise provided for by laws, rules and regulations, from its provisions. 21st article this way come into force on January 1, 2004.

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