Gansu Province, Regulations Normative Documents For The Record Review

Original Language Title: 甘肃省规章规范性文件备案审查办法

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(February 6, 2004, Gansu Provincial people's Government at the 33rd Executive meeting February 13, 2004 11th release of Gansu province as of May 1, 2004) first in order to strengthen the supervision of regulations and regulatory documents, safeguard the Socialist legal system, according to the People's Republic of China legislative act, the Archivist filing of regulations and regulations and other laws and regulations, combined with the facts of the province, these measures are formulated.
    Article II regulations in these measures refers to Lanzhou municipal people's Government in accordance with laws, administrative regulations, local regulations and provincial rules and regulations formulated in accordance with the regulatory procedure Ordinance.
    Standard documents in these measures refers to people's Governments at all levels and their departments in accordance with statutory authority and procedures with regard to rights of administrative relative person obligations, generally binding administrative measures, decisions, orders or instructions file.
    Administrative organ within the system, management system, this approach is not applicable.
    Article people's Government above the county level and their departments should strengthen the regulatory, normative documents of record for organizational leadership and supervision and inspection, with full-time staff in the record review of regulations and regulatory documents work.
    Legal working body in charge of the people's Governments above the county level regulations and regulatory documents of record reviews.
    Fourth rule shall be submitted for the record in the 30th as the date of promulgation, regulatory documents shall be published in the 15th to submit for the record.
    (A) Regulation by the Lanzhou municipal people's Government on the Archivist filing of regulations and regulations submitted to the record.
    (B) regulatory documents developed by the people's Governments at all levels, and higher people's Governments to submit for the record.
    Working departments of the people's Government above the county level normative document submission to the people's Governments at the corresponding level for the record and submitted to the competent authorities at a higher level for the record.
    Implementation of normative documents of the administrative organs of the vertical, up submitted for the record by the competent authority and submitted to the people's Governments at the corresponding level for the record. Two or more departments jointly issued by the normative documents by the sponsoring departments submit to the people's Governments at the corresponding level for the record.
    And submitted to the competent authorities at a higher level for the record.
    When fifth regulations and regulatory documents submitted for the record, we sent legal work of the Government agencies at all levels.
    Submitted to the Agency shall submit the following materials: (a) filing reports 10; (b) official texts 10; (c) the drafting instructions, develop evidence and related materials.
    Conditional, should simultaneously submit electronic copies of regulations and regulatory documents.
    Text format submitted for the record, developed centrally by the Legal Affairs Office of the provincial government.
    Sixth submission filing of regulations and regulatory documents in accordance with the provisions of the second, fourth, fifth, article, legal work of the Government institution to register; do not meet requirements, returned from a legal working body of the Government re-submitted.
    Register of regulations and regulatory documents, by the legal work of the Government agencies at all levels to report annually to the public directory. Legal work of the Government organs at all levels should regularly be published compilation of regulations and regulatory documents.
    The scope of the editing and publishing of regulations and regulatory documents compiled and should be based on published catalogues of regulations and regulatory documents shall prevail.
    Seventh article government legal work institutions on submitted record of regulations, and normative file, should on following content for review: (a) developed organ whether has corresponding of statutory permission; (ii) whether with legal, and regulations and regulations phase conflict; (three) whether with related of regulations, and normative file phase coordination, and convergence; (four) whether illegal set administrative punishment, and administrative license, and administrative forced measures, and administrative charges,; (five) provides of content whether appropriate; (six) whether against statutory program;
    (G) the legal work of the Government agencies should review other matters. The eighth Government a legal working body shall receive regulations and regulatory documents within 30th of this review has been completed.
    The complex, you can extend the 15th.
    The Nineth legal work of the Government agencies to review regulations and regulatory documents, can be taken, and consultation with the relevant departments held hearings, investigations, please make note of such methods, shall cooperate with the relevant departments.
    Tenth article by review, found regulations beyond statutory permission, with upper method conflict, or its provides not appropriate, or against statutory program of, by record review of government legal work institutions proposed modified or corrected of views, developed organ should since received views notice of day up 30th within for modified or corrected, late not modified or not corrected of, by record review of government legal work institutions reported sibling Government approved Hou be revoked.
    Upon examination, found documents beyond the statutory authority, inconsistent with the laws, rules, regulations, or inappropriate, reviewed by the record of the legal work of the Government institution shall be ordered to correct notice, the written decision, the enacting body shall from the date of receipt of the notification within the 30th modified or repealed, fails to modify or repeal, reviewed by the filing of a legal working body of the Government, be revoked.
    Regulations and regulatory documents of the enacting body shall on the filing notice of review the processing of written replies.
    11th, upon examination, found between the normative documents on the same subject is consistent, coordinated by the Government Office of Legislative Affairs; coordinated agreement cannot be reached, legal work of the Government body handling level people's Government decision.
    12th found a citizen, legal person or any other organization regulations and regulatory documents and contravene the host computer, can recommendations review the higher level people's Government, or the people's Governments at the corresponding level, Office of Legislative Affairs in accordance with the procedure provided for by the Government, and the results written to draw attention to people in a timely manner.
    13th regulation, normative documents of the enacting body shall be established by January 15 of each year for the preceding year regulations and regulatory documents submitted to the level or the level of Government Office of Legislative Affairs.
    Not required to submit the regulations and regulatory documents of the 14th article filing and annual directories, do not perform for the record review a decision, give notice of criticism by legal work of the Government agencies, rectification, and recommends that the relevant authorities directly responsible to the accountability of Chief and administrative responsibilities.
                                                                                                          15th these measures shall come into force on May 1, 2004.

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