Shantou Normative Documents Of The Executive Management

Original Language Title: 汕头市行政机关规范性文件管理规定

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(December 24, 2003 consideration of the Shantou City Government at the 15th Executive on January 5, 2004, Government of Shantou announced as of March 1, 2004, 76th) Chapter I General provisions article, normative documents of the Executive, for the strengthening of the management, maintain the uniformity of the legal system, promoting administration according to law, in accordance with the relevant provisions of laws and regulations, combined with the city's actual, these provisions are formulated.
    Second City following administrative organs (including modified, repealed, the same below) regulatory documents shall comply with these regulations: (a) departments of the municipal government (including government departments, affiliated institutions and agencies and other bodies exercising administrative functions according to law, the same below), (ii) District and county people's Governments and their departments; (iii) town, neighborhood offices.
    Normative documents referred to in the preceding paragraph refers to the executive authorities in the context of its terms of reference in accordance with the law, regulations and rules not specific with regard to citizens, legal persons or other organizations can repeatedly apply and standardize the administration of generally binding files.
    Municipal development of normative documents, reference to municipal government regulatory procedures of the relevant provisions.
    Administrative organ within the system, management system, these rules do not apply.
    Third temporary agencies and organs of the Executive shall make no normative documents.
    Fourth article administrative organ developed normative file, should meet following requirements: (a) followed maintenance citizens, and corporate or other organization lawful rights and interests of, guarantees administrative organ law exercise terms, terms and responsibility phase consistent, terms statutory and program statutory, principles; (ii) meet legal unified of requirements, content not and upper method conflict, and WTO rules and China Government of commitment consistent, and other policy measures coordination, and convergence; (three) upper method has clear provides of content, General not for repeat provides.
    Fifth normative documents may not be set to the following matters: (a) establish or change or annul of an administrative license, the administrative punishment and administrative compulsory measures, (ii) establish or change or revoke administrative fees and business service charges (except for the authorities to perform their function of price control), and (c) shall be determined by law, regulations, rules or set by a higher administrative authority.
    Sixth article normative file should meet about developed technology specification of requirements: (a) meet administrative organ documents lines format and program; (ii) name General for "provides", and "approach", and "rules", and "implementation rules", and "implementation approach", and "decided" or "notices",; (three) content can with provisions form expressed, also can with paragraph form expressed; name for "provides", and "approach", and "rules", and "implementation rules", and "implementation approach" of, content should used provisions form expressed;
    (D) the term should be accurate, concise, with words and punctuation marks should be correct and standard.
    Article people's Governments at various levels shall organize the supervision and inspection of the implementation of the provisions of.
    Eighth in violation of the provisions of the normative document is invalid, no unit or individual shall not be based on the exercise of rights or request others to meet their obligations.
    Administration is based on the provisions of normative documents, the Government legal departments at all levels shall order correction within; it refuses can be brought to the level of Government notice to revoke the normative documents, and criticized. Normative document draft chapter II the Nineth Executive draft normative documents, should be on the necessity and feasibility of normative documents, to solve problems, intends to establish the main system or the main measures to be provided for research demonstration, listen to relevant departments and organizations and management or expert opinion.
    Hearings may be in written comments, forums, feasibility study meeting, hearing and other forms.
    Tenth draft normative documents directly involving citizens, legal persons or other organizations ' vital interests or development to the region, the industry has a significant impact shall be announced to the public and seek the views of all sectors of the community, if necessary, or laws, regulations, rules and regulations must hold a hearing and shall hold a hearing.
    11th draft normative documents involving other executive responsibilities or other close ties to the Administration, the enacting body shall fully seeking the views of other administrative bodies.
    12th no unit or individual can submit written comments to the normative documents of the enacting body and recommendations.
    The enacting body shall conduct studies on the observations and recommendations of the relevant units and individuals, to the legal basis or practical advice and recommendations, should be adopted.
    Chapter III examination of normative documents of the 13th regulatory documents shall be carried out by the Office of Legislative Affairs of the Executive law review without a legal working body of executive authority, shall specify the relevant special agencies or legal review.
    Normative documents of the 14th municipal government departments, must be in accordance with the Government of Shantou announced management regulations (hereinafter referred to as the bulletin provisions), Department of Legal Affairs, drew attention to the provisions of the law review. Two or more departments developed jointly, by the sponsoring department is responsible for the attention.
    The enacting body shall at the commencement of normative documents to be 25 working days ago,, Department of Legal Affairs, drew attention to the legal review.
    15th article city legal sector should on municipal government work sector drew attention to the review of normative file for audit, not meet this provides second article provides of, decided not accepted, and written told drew attention to the sector; meet this provides second article of provides, but according to announcement provides should submitted of other about material not complete, and not specification, may effect review work normal for of, should written notification drew attention to the sector deadline correction, drew attention to the sector no due reason late not correction of, considered not drew attention to the.
    Except as provided in the preceding paragraph, to review applications from the date of receipt of the Department of Legal Affairs, that is to accept.
    16th article on municipal government work sector drew attention to the review of normative file, city legal sector should from following several aspects for review: (a) whether meet this provides third article, and fourth article, and fifth article, and sixth article, and 27th article of provides; (ii) whether right processing related sector, and organization and management relative people or experts of views; (three) whether exists other not legal, and not appropriate of problem. 17th article on municipal government work sector drew attention to the review of normative file, city legal sector should since accepted of day up 3 a days within, according to following provides issued written review views: (a) on content, and program meet about legal, and regulations, and regulations and this provides provides of, proposed legal of review views; (ii) on content, and program basic legal, but need further modified perfect of, proposed modified perfect of views and description reason; (three) on content, and program not meet about legal, and regulations, and
    Regulations and the provisions of these regulations, without legal review and explain the reasons.
    18th City Department of Legal Affairs at the time of review of regulatory documents, that requires the relevant units, the units concerned shall, within the period provided comments; consider necessary normative documents about the case, the enacting body shall within the period specified in the instructions.
    19th municipality, Department of Legal Affairs, Department of normative documentation review there are dissenting opinions, receipt of the review comments within 10 working days of the date the city Legal Department did add that issues related to the respect of the normative documents, legal departments, and consultations cannot come to an agreement through consultation, Municipal Department of Legal Affairs shall refer the Government decision.
    The fourth chapter of normative documents decisions and publishing normative documents of the 20th article should generally be the normative documents of the relevant meeting. 21st regulatory documents shall be released to the public, publishing should be convenient to check out the citizens, legal persons or other organizations.
    Is a normative documents of the municipal departments, should be in accordance with the notice provisions, as well as other relevant provisions of the Municipal Government published in the Bulletin of the Shantou City Government, and the Municipal Government published the full text on the public network.
    22nd normative documents should provide specific implementation date, this date should be published after 5 working days from the date, but not implemented could affect regulatory documents to implement immediately after they were published, and can be implemented from the date of publication.
    Fifth chapter normative file of record 23rd article district, and County Government of normative file should Yu released of day up 30th within submitted municipal government record, while provides following material: (a) drew attention to the record of letter; (ii) normative file of official text (including electronic text), a type ten copies; (three) developed normative file of description (including electronic text), a type ten copies; (four) developed normative file by according to of legal, and regulations, and regulations, and national policy, and superior administrative organ of command and decided;
    (E) development of normative documents on the basis of other relevant information. Municipal Legislative Affairs Department responsible for district and County record review of normative documents.
    According to the normative documents submitted to the City Government for the record and related materials, size, Department of Legal Affairs, send.
    24th article city legal sector should on district, and County Government submitted record of normative file for audit, not meet this provides second article provides of, decided not accepted, and written told developed organ; meet this provides second article of provides, but according to this provides 23rd article of provides should submitted of other about material not complete, and not specification, may effect record work normal for of, should written notification developed organ deadline correction, developed organ no due reason late not correction of, considered not submitted.
    25th article city legal sector should on district, and County Government submitted record of normative file for review, found has violation this provides situation of, according to following provides processing: (a) not meet this provides third article, and fourth article, and fifth article provides of, or exists other not legal, and not appropriate, problem of, by city legal sector ordered developed organ deadline corrected; (ii) not meet this provides sixth article provides of, city legal sector can to developed organ proposed processing views, by developed organ itself processing.
    The 26th district and county people's Government departments and regulatory documents established by the town government, neighborhood offices, the filing by reference to the provisions of this chapter.
    Other provisions of the sixth chapter 27th due to major disasters, epidemic diseases, safeguarding public security and vital public interests, implement higher administrative authority of emergency orders and decisions, and so on, require immediate implementation of normative documents, approved by the enacting body primarily responsible, you can simplify the argument, comment, legal review and public release procedures.
    Administrative authorities of normative document according to the provisions of the preceding paragraph, shall from the date of implementation of the normative documents in accordance with these provisions within 3 business days from the relevant provisions of the supplementary law review and published procedures.
    28th normative documents by the enacting body to explain.
    29th between sectoral normative documents of the municipal government, the municipal government departments regulatory documents and district and county people's Governments shall prevail between normative documents on the same matter, coordinated by the relevant administrative organ; coordinated agreement cannot be reached, by the Municipal Department of legal coordination coordinated consensus still cannot be reached, decided by observations reported to the municipality to the City Law Department.
    30th no units and individuals believe that the Executive is publishing normative documents implemented in violation of the provisions of the review recommendations to the municipality in writing, by the Municipal Department of legal studies and put forward opinions, in accordance with the prescribed procedures.
    31st normative documents should be compiled on a regular basis published normative documents.
    Article 32nd normative documents should always clean up of normative documents and changes according to the actual situation, as well as laws, rules, regulations and national guidelines and policy adjustments, on published normative documents for amendment or repeal. The seventh chapter by-laws the 33rd article of the regulations come into force on March 1, 2004.
                                                                                                        On August 21, 1996, Shantou city, Shantou City Government order 2nd promulgation and implementation of the normative document filing regulations repealed simultaneously.

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