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Chongqing Administrative Normative Document Review Registration

Original Language Title: 重庆市行政机关规范性文件审查登记办法

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(Adopted at the 26th ordinary meeting of the Government of the People of the city on 1 April 2004 No. 168 of 7 April 2004 on the issuance of the Ordinance No. 168 of the Government of the People's Republic of China on 1 July 2004)

Chapter I General
Article 1, in order to improve the quality of normative documents of the executive organs, ensure the legitimacy of normative documents, preserve the unity of the socialist rule, protect the legitimate rights and interests of the relative public, and develop this approach in line with the provisions of the National Law and the Regulations of the Department of State.
Article 2
The following documents do not apply to this approach:
(i) To ensure the public interest of society, the documents prepared by law for temporary administrative measures such as emergency response, risk avoidance, transport control;
(ii) The deployment process to regulate the documentation of the work of this body and within the system;
(iii) Summary of meetings.
Article 3. The review of registration in normative documents should uphold the principle of lawful efficiency and integrity, mandatory review and irreceptability.
Article IV provides for the review of normative documents developed by the People's Government and the municipality's work sector in the District (Autonomous Regions, municipalities).
The Government of the People of the Region (Autonomous Regions, Municipalities) exercises a review of the normative documents developed by the Government of the People's Republic of the Towns (Nationalities), which are determined by the territorial Government (Autonomous Regions, municipalities).
Article 5 reviews normative documents and, in principle, only examines legitimacy and does not review feasibility and appropriateness. However, the review found that there was a question of feasibility or appropriateness, and the review body should make recommendations to the designating body.
Chapter II General provisions
Article 6
(i) In conformity with the provisions of laws, regulations, regulations;
(ii) In conformity with the statutory principles of competence;
(iii) There is no provision for local protection and industrial protection, in coordination with the principles of WTO or other normative documents.
Article 7. Nor shall normative documents create the following matters:
(i) Administrative licences;
(ii) Administrative expenses;
(iii) Administrative penalties;
(iv) Administrative coercive measures;
(v) Funds;
(vi) To limit or dispose of the legal rights of citizens, legal persons or other organizations;
(vii) Obligations other than those prescribed by law, regulations and regulations.
The city's financial, municipal price administrations have been authorized by the Government of the city to perform the price management responsibilities in accordance with the law, covering normative documents relating to the administrative treasury bill and are not bound by the provisions of paragraph (ii) above.
Article 8 State organs, the relatives of administration have found that normative documents violate the provisions of Articles 6, 7 and 7 of this approach, may make recommendations for review to the establishment of organs or the Office of the Government of the People's Rule of Law.
The decision-making body should have received review recommendations within 10 working days and inform the proposer of the review findings.
The Government's Office of the Rule of Law of the Municipalities has received a review of the recommendations and should be transferred within five working days to the establishment of the body as set out earlier.
Article 9. The management relative has the right to refuse implementation of the following normative documents:
(i) The normative documents developed by the municipal government working sector, which do not provide for the uniform registration and publication of registration numbers by the Executive Office of the Municipal Government or the Ministry of the Rule of Law;
(ii) The normative documents developed by the People's Government of the District (Autonomous Regions, municipalities) and its work and communes (national communes) are not published in an effective manner.
Chapter III Registration review
Article 10
(i) Text of normative documents and correspondence to be reviewed (one or two);
(ii) A description of normative documents, including questions of necessity, feasibility and major resolution;
(iii) Developing the basis for normative documents;
(iv) Written observations by the rule of law institutions in this sector.
The content of normative documents is linked to the responsibilities of other executive organs and should also be provided with a note on consultations with other administrative bodies.
Normative documents co-drafted by the two or more sectors are submitted to the above-mentioned material by the co-sponsorship of the host or co-drafted sectors.
Article 11. The Office of the Municipal Rule of Law shall make a review of the conclusions within seven working days of receipt of the material delivered. In exceptional cases, seven working days could be extended.
Article 12
(i) Registration and written notification of the establishment of organs in accordance with article 6 of this approach;
(ii) In violation of article 6, paragraph 7, of this approach, the non-registration of the material to the development body and written statements on non-registration;
(iii) The delivery of the trial material is not in accordance with article 10 of this approach, which informs the development organs of amending them, and re-examines under this approach.
The findings of the review by the Municipal Rule of Law Office should be communicated in writing.
Article 13. The Office of the Municipal Rule of Law shall transmit to the Executive Office of the People's Government the uniform registration number the texts of the review of qualified normative documents and the findings of the review.
In accordance with the authorization of the Government of the city, the normative documents developed on behalf of the Executive Office of the People's Government are decided by the Secretary-General of the Municipal Government or by the Under-Secretary-General to transmit to the Office of the Rule of Law of the Municipal Government for advice or direct registration.
Article 14. The municipal authorities have contested the findings of the review of the Office of the Rule of Law of the Municipal Government, which may submit written reports to the Government of the city within seven working days of the date of the review, while transmitting the Office of the Rule of Law of the Municipal Government to decide on registration by the Government of the city.
Prior to the Government's decision to register, the Office of the Rule of Law of the Municipal Government shall make a statement to the Government of the city.
Chapter IV Status review
Article 15 The normative documents developed by the People's Government of the District (Autonomous Regions, municipalities) and the content of the municipal government work sector are not relevant to the normative documentation of matters under Article 7 of this approach, shall be communicated to the Office of the Government of the Rule of Law within seven working days of the publication:
(i) Formal text of normative documents and correspondence to be reviewed (one or two);
(ii) A description of normative documents, including questions of necessity, feasibility and major resolution;
(iii) The basis for the development of normative documents.
(iv) Written observations of the rule of law institutions.
Article 16 shall review conclusions within 15 working days of receipt of normative documents. In exceptional cases, 15 working days may be extended by the principal heads of the review body.
Article 17
(i) In accordance with article 6 of this approach, the Office of the Rule of Law of the Municipal Government shall harmonize registration, filing and written notification of the establishment of organs;
(ii) In violation of article 6, paragraph 2, of this approach;
(iii) Incompatible with article 15 of this approach, the Office of the Rule of Law of the Municipal Government shall notify the development of additional material by the organ and resubside of the review.
Chapter V
Article 18 After having received a review of qualified normative documents by the Office of the Government of the Rule of Law, registration numbers should be harmonized and published in the Government Public Information Network and the Government's bulletin. The establishment of organs may also be published in other media, after having been consolidated.
Article 19 Normative documents should be implemented after 30 days of the date of publication.
It is true that, because of exceptional circumstances, it will not be immediately applied to the proper operation of normative documents, which can be carried out from the date of publication.
Article 20
Chapter VI Responsibility
Article 21
(i) To provide for a period of time for the establishment of an organ to review it in accordance with the provisions of this approach and to withdraw it;
(ii) The content of normative documents is in violation of article 6, paragraph 7, of this approach.
As a result of the unauthorized publication of normative documents, the consequences of serious harm were caused by the Ministry of the Rule of Law of the Municipal Government, which was brought to the executive inspectorate to hold administrative responsibility in accordance with the law.
The normative documents developed by the People's Government and the municipality's work sector are not reviewed in the present methodology, and the Office of the Rule of Law of the Municipal Government shall be responsible for the period of time being reviewed in accordance with the provisions of this approach.
Normative documents violate the provisions of Articles 6, 7 and 7 of this approach, the Office of the Rule of Law of the Municipal Government shall be responsible for the immediate cessation of implementation and the withdrawal of organs. The consequences of serious harm have been caused and administrative responsibility is brought to justice by the administrative inspectorate.
Article 23 establishes an organ that rejects the decision of the Office of the Rule of Law of the Municipal Government to withdraw normative documents and may apply for review to the Office of the Municipal Government within seven working days of the receipt of the decision.
The Municipal Rule of Law Office shall take a review decision within seven working days of receipt of the request.
Article 24 of the normative documents that have been discontinued or cancelled shall be published by the organ in the same media that publish the normative document.
Article 25
Article 26, which is reviewed by the Office of the Rule of Law of the Municipal Government, remains incompatible with article 6, paragraph 7, of the scheme, shall be declared closed. There are serious consequences that are prosecuted by law.
Chapter VII
Article 27, executive organs, in order to follow up on the normative documents of the superior administrative organs, add normative content or specify specific provisions, and implement in accordance with the provisions of this approach.
Amendments to normative documents are implemented in accordance with the provisions of this approach.
The repeal of normative documents is submitted by the designating body to the Executive Office of the People's Government of the city, which is reproduced in the municipal government Rule of Law Office.
Article twenty-eighth normative documents developed by centrally committed administrative bodies can be directly declared uniformed to the Executive Office of the People's Government and made available to society.
Article 29, paragraph 2, of this approach refers to “disaster response, avoidance” as follows:
(i) The occurrence of natural disasters, endemic diseases or other unforeseen changes that endanger the wider public interest;
(ii) Execution of emergency orders and decisions by the superior administration.
Article 11 and article 16 of this approach refer to the need to investigate or solicit the views of the relevant sectors for the review.
Article 33