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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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(Summit 15th ordinary meeting of the Royal Government of 24 December 2003 to consider the adoption of Decree No. 76 of 5 January 2004 on the Royal Government of the municipality, which was launched effective 1 March 2004)

Chapter I General
Article 1, in order to strengthen the management of normative documents of the executive organs of the city, preserve the unity of the rule of law, promote the administration of the law and establish this provision in conjunction with the provisions of the relevant laws, regulations and regulations.
Article 2
(i) The municipal government service (including the Government's composition, the immediate agency, the executing agency and other institutions exercising administrative functions under the law);
(ii) Regions, the People's Government and its work sectors;
(iii) The Government of the town, the street office.
The normative documents referred to in the previous paragraph refer to documents developed by the executive branch in accordance with its mandate, in accordance with laws, regulations and regulations, against non-specified citizens, legal persons or other organizations, which are commonly binding in regulating administrative affairs.
The development of normative documents of the municipal government is governed by the relevant provisions of the regulations of the municipalities.
This provision is not applicable to the system of work within the executive branch, the management system, etc.
Article 3. In-house bodies of temporary bodies and administrative bodies shall not formulate normative documents.
Article IV
(i) To uphold the legitimate rights and interests of citizens, legal persons or other organizations, to ensure that the executive branch exercises its functions in accordance with the law, in accordance with its responsibilities and the principles of the statutory and procedural law;
(ii) In line with the requirements of the harmonization of the rule of law, the content is not incompatible with the top law, in line with the WTO rules and the Government's commitment, and in coordination with other policy measures;
(iii) The content already specified in the top law is not generally repeated.
Article 5
(i) Establish or modify, withdraw administrative licences, administrative sanctions and administrative coercive measures;
(ii) Establish or modify, rescind administrative fees and operating service charges (other than the performance of price management functions by the price authority in accordance with the law);
(iii) Other matters to be established by law, regulations, regulations or superior administrative bodies.
Article 6. Normative documents should be in line with the requirements for the development of technical norms:
(i) In accordance with the official language format and procedures of the executive branch;
(ii) The name is generally “the provision”, “The approach”, “rules”, “implementation rules”, “implementation”, “decision” or “release”;
(iii) The content may be formulated in the form of the provision or in the form of the paragraph; the words “the provision”, “The approach”, “rules”, “implementation rules”, “implementation of the means of implementation”, should be made in the form of the provision;
(iv) Terms should be accurate, concise, and the use of words and symbols should be correct and regulated.
Article 7. Governments at all levels should organize monitoring inspections of the implementation of this provision.
Article 8. In violation of the normative documents established under this provision, no unit or individual shall be used as a basis for the exercise of rights or for the fulfilment of the obligations of others.
The executive branch does not formulate normative documentation in accordance with this provision, which is being restructured by the time limit for the rule of law at all levels of government; rejects the correctness, may call the Government's announcement to withdraw the normative document and inform it by law.
Drafting of normative documents
Article 9. The executive body prepares normative documents that should conduct studies on the need and feasibility of normative documents, the issues to be addressed, the main systems to be established or the main measures to be set, and widely hear the views of the relevant departments, organizations and managers of the relative or expert. The hearings can take a variety of written requests, colloquiums, symposia and hearings.
The normative documents drafted directly involve the interests of citizens, legal persons or other organizations or have a significant impact on the development of the region, the industry should be made public in order to seek the views of the various communities of society; and, where necessary, legal, regulatory and regulatory provisions must hold hearings, hearings should be held.
Article 11. The drafting of normative documents relates to the responsibilities of other executive organs or in close collaboration with other administrative bodies, and the formulation of organs should fully seek the views of other executive organs.
Any unit or individual may make written observations and recommendations to the normative body.
The organs should conduct research on the observations and recommendations of the units and individuals concerned and should be adopted with a legal or practical view.
Chapter III Review of normative documents
Article 13 Normative documents should be subject to a legal review by the executive body's rule of law working body; the executive body does not have the establishment of a rule of law body should designate the relevant working body or the individual to undertake legal review.
Article 14. Normative documents in the work sector of the municipal government must be brought to the legal review by the municipal rule of law, in accordance with the provisions of the Charter of the Government of the Challenge (hereinafter referred to as “the Declaration”).
Two or more work sectors have been developed jointly, and are to be brought by the host work sector. The establishment of organs shall be brought before 25 working days of the date of entry into force of the normative documents to the municipal rule of law.
Article 15. The municipal rule of law sector should be subject to review of normative documents brought to the review by the municipal authorities, which are not in accordance with article 2 of this provision, decide to be inadmissible and communicated in writing to the sectors; in accordance with the provisions of article II of the present article, but in accordance with the provisions of the Declaration, other relevant material to be submitted may affect the normal conduct of the review process, and should be informed in writing that the time limit is being completed and that it is not considered to be closed.
In addition to the preceding paragraph, the review of the application is admissible from the date of receipt by the municipal rule of law.
Article 16 refers to normative documents brought to the review by the municipal authorities, and the municipal rule of law sector should be reviewed in the following ways:
(i) In accordance with articles 3, 4, 5, 6 and 27 of this provision;
(ii) Have the right to deal with the views of the relevant departments, organizations and the relative or expert;
(iii) There are other questions of non-lawability.
Article 17 provides for a written review of normative documents brought to the review by the municipal authorities, which shall be based on the following provisions within three working days from the date of receipt:
(i) Formal review of content, procedures consistent with the relevant laws, regulations, regulations and provisions;
(ii) For content, procedures are fundamentally legitimate, but further refinements need to be made to make sound observations and justifications;
(iii) Incompatibility with the relevant laws, regulations, regulations and provisions, and reasons for the non-legal review.
In reviewing normative documents, the municipal rule of law sector was of the view that the relevant units should be required to make observations within the prescribed time frame; it was considered necessary for normative document-making bodies to clarify the situation and that the designating organs should provide clarification within the time frame.
Article 19, the municipal work sector, which was opposed to the review of normative documents submitted by the municipal rule of law sector, could provide a supplementary statement to the municipal rule of law within 10 working days from the date of receipt of the review, consult with the municipal rule of law on the relevant issues of the normative document; and, in consultation, the rule of law sector should be brought to the municipal authorities' decisions.
Decisions and issuance of normative documents
Article 20 Normative documents should generally be decided by the relevant organs of normative documents.
Article 21, normative documents should be made public in society and the manner in which citizens, legal persons or other organizations should be consulted. Normative documents in the municipal government work sector should be issued in accordance with the Declaration and other relevant provisions of the municipality, in the Official Journal of the People's Government of the Challenge and published in the full text of the Urban Government Public Network.
Article 2 Normative documents should specify the date of implementation, which should be followed by five working days from the date of publication, but without immediate application of normative documents that would impede the operation of normative documents and could be carried out from the date of publication.
List of normative documents
Article 23 The normative documents of the zones and the people's government should be sent within 30 days of the date of publication to the municipal authorities, providing the following material:
(i) Letters from the request;
(ii) Formal text of normative documents (including electronic texts), 10 times;
(iii) A description of normative documents (including electronic texts), 10 times;
(iv) The enactment of laws, regulations, national policies, orders and decisions based on normative documents;
(v) Other relevant information based on the development of normative documents.
The municipal rule of law sector is specifically responsible for the review of normative documents of the district, the people of the county. In accordance with the present provision, the normative documents and related materials that have been sent to the municipal authorities are transmitted to the municipal rule of law sector.
Article 24 of the municipal rule of law should be subject to a review of the normative documents sent by the zones, the communes' governments, which are not in accordance with the provisions of article 2 of the present article, decide to be inadmissible and communicated in writing to the design organs; in accordance with the provisions of article II of the present article, but in accordance with article 23 of the present article, other relevant submissions that should be submitted may affect the proper conduct of the preparation of the proceedings, written notification should be given to the preparation of the deadline for the establishment of the organ without delay and should be considered as not sent.
Article 25
(i) Incompatible with article III, article IV, article 5 or with other questions of non-legal and inappropriateness, the municipal rule of law sector should be responsible for the development of a deadline for correction of organs;
(ii) Incompatible with article 6 of the present article, the municipal rule of law sector may provide advice to the development body to deal with its own affairs.
Article 26
Other provisions of chapter VI
Article 27 requires the immediate development of normative documents, with the approval of the main heads of the design organs, to simplify procedures such as evidence, consultation, legal review and public release, due to the occurrence of major disaster events, pandemic diseases, public safety and major public interest.
The executive body shall, in accordance with the provisions of the preceding paragraph, establish normative documents that shall be supplemented by legal review and public publication procedures within three working days of the date of implementation of the normative document.
Article twenty-eighth normative documents are interpreted by their organs.
Article 29 is inconsistent with the provisions on the same matter between the normative documents of the municipal government working sector, the normative documents of the municipality's work sector and the normative documents of the district and the people's governments, which are coordinated by the relevant executive bodies; coordination cannot be achieved and coordinated by the municipal rule of law sector; and there is no consensus to be agreed upon, and the municipal decision to deal with views is taken by the municipal authorities.
Any unit and person considered that the normative documents issued by the executive branch are in violation of this provision, may submit a review of the recommendations in writing to the municipal authorities, which are studied and addressed by the municipal rule of law sector.
Article 31 The normative document formulation body should compile the normative documents issued on a regular basis.
Article 32 The normative document formulation body should regularly clean the normative documents and, in accordance with the changing circumstances, legal, regulatory and national approaches, policy adjustments, revise or repeal the issued normative documents.
Chapter VII
Article 33 The provisions of the final municipal normative documents file, which were published by Decree No. 2 of 21 August 1996, were repealed.