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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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(Adopted at the 33th ordinary meeting of the Government of Gangong Province on 6 February 2004 by Decree No. 11 of 13 February 2004 of the People's Government of Gangangang Province, which was issued as from 1 May 2004)

Article 1, in order to enhance oversight of regulations, normative documents, to preserve the unity of the socialist rule, to develop this approach in line with the laws and regulations of the People's Republic of China, the Regulations and Rules.
Article 2 of the present approach refers to the regulations established by the Government of the Länder in accordance with the Regulations, administrative regulations, local legislation and provincial government regulations.
The normative document referred to in this approach refers to documents relating to the relative rights obligations of the administration, the generally binding administrative measures, decisions, orders or instructions developed by all levels of the people's Government and their respective work sectors, in accordance with the statutory authority and procedures.
The system of work within the executive branch, the management system, etc., does not apply.
Article 3 Governments and their respective work sectors should strengthen organizational leadership and oversight inspections for regulatory, normative documentation preparation cases, with dedicated staff performing regulatory and normative documentation review.
More people at the district level are specifically responsible for the review of regulations and normative documents.
Article IV should be sent within 30 days of the date of publication, and normative documents should be sent within 15 days of the date of publication.
(i) The regulations are submitted by the Government of the Länder under the Regulations and Rules.
(ii) The normative documents developed by the people's governments at all levels are sent to the Government of the people at the highest level.
Normative documents developed by the working sector of the people of the district level are sent to the Government of the people at this level and are sent to the competent authorities at the highest level.
The normative documents developed by the vertically-led executive body are presented to the competent authorities at the highest level and are sent to the Government of the people at the level.
Normative documents issued jointly by two or more sectors are sent by the host sector to the Government. The competent authorities at the superior level are also reported separately.
Article 5 regulates, normative documents are sent to all levels of government rule of law.
The following materials should be submitted by the sending authority:
(i) Ten reports on the request;
(ii) 10 formal texts;
(iii) Drafting notes, setting the basis and relevant materials.
Conditions should be accompanied by electronic copies of regulations and normative documents.
The text format for the presentation of the request was developed by the Provincial Government Office of the Rule of Law.
Regulations, normative documents that are submitted in compliance with the provisions of Articles 2, 4, 5 and 5 of the present article shall be registered by the Government's rule of law bodies; they are not in accordance with the provisions, and are resubmitted by the Government's rule of law body.
The regulations, normative documents registered in the file are published annually by all levels of government rule of law enforcement agencies.
The rule of law institutions at all levels should regularly compile regulations and normative documents. The regulations and the scope of the compilation of normative documents published by the editor shall be subject to the publication of the regulations and the list of normative documents.
Article 7
(i) Whether the establishment of the organ has the corresponding statutory competence;
(ii) Are incompatible with the laws, regulations and regulations;
(iii) Whether there is coordination and interface with relevant regulations, normative documents;
(iv) Whether administrative penalties, administrative permits, administrative coercive measures, administrative fees, etc. are in conflict with the law;
(v) The appropriateness of the provisions;
(vi) Whether it is contrary to the statutory procedure;
(vii) Other matters that should be reviewed by the Government's rule of law institutions.
Article 8 Government rule of law institutions should be reviewed within 30 days of receipt of regulations, normative documents. The complexity of the situation could be extended by 15 days.
Article 9. The Government's rule-of-law institutions review regulations, normative documents that can be used to seek advice from the relevant departments, conduct hearings, investigate and request the development of an institutional note.
Article 10 has been reviewed to find that the regulations go beyond the statutory competence, are incompatible with the law or are not appropriate or contrary to the statutory procedure, with the comments made by the competent organs of the Government's rule of law that have been reviewed, and the establishment of organs shall be modified or corrected within 30 days from the date of receipt of the letter of the opinion, whichever is not later modified or corrected, and shall be removed by the competent governmental rule of law working body that has been reviewed.
Upon review, it was found that normative documents went beyond statutory competence, were incompatible with laws, regulations, regulations, or inappropriate, and were sent by a review of the Government's rule of law body to issue a notice of corrective action, to deal with the decision and to establish organs should be modified or repealed within 30 days of the date of receipt of the letter of notification, which was not later revised or repealed, and was cancelled by the Government's rule of law body that had been reviewed.
A regulatory, normative document-making body shall provide a written response to the status of the processing of the notice of the review.
Article 11 has been reviewed to identify inconsistencies between normative documents with respect to the same matter, coordinated by the Government's rule of law working body, which, in coordination, cannot be agreed, is decided by the Government's rule of law body to deal with the report of the people's Government.
Article 12 Civil, legal or other organizations have found that regulations, normative documents are incompatible with the superior law, and may make a review recommendation to the Government of the people at the grass-roots level or to the Government of the people at this level, which is addressed by the Government's rule of law body in accordance with the procedures established and promptly informs the persons of the results.
Article 13, regulations, normative documentation-making organs shall communicate the regulations established in the previous year by 15 January each year, the list of normative documents to the superior or the Government's rule of law.
Article 14.
Article 15. This approach is implemented effective 1 May 2004.