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Gansu Province Administrative Normative Document Management

Original Language Title: 甘肃省行政规范性文件管理办法

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Chapter I General

Article 1, in order to enhance the management and oversight of administrative normative documents, to preserve the unity of the rule of law, to ensure the free flow of political orders, to promote the administration of the law and to develop this approach in line with the relevant legal, regulatory provisions.

Article 2 of this approach refers to administrative normative documents (hereinafter referred to as normative documents) which, in addition to the Government's regulations, the people at all levels of the province and their respective work sectors, relevant bodies, centrally in the relevant units and laws, regulations authorize the management of public affairs, which are based on statutory competences and procedures, relate to the obligation of the executive relative to the rights of the person and the universally binding document.

Normative documents are divided into governmental normative and sectoral normative documents. The normative documents developed by the Governments of all levels in their own name are normative documents of the Government (concluding the approval, consent, normative documents issued by the Executive Office of the Government, the Office); normative documents developed in their own name by organizations that are responsible for the administration of public affairs.

Article 3

The internal system of work and technical operating protocols developed by the executive bodies on matters such as personnel, finance, inspection, audit, are not applicable.

Article IV

(i) Maintenance of the rule of law;

(ii) Harmonization of powers and responsibilities;

(iii) Protection of the legitimate rights and interests of the relative person of the administration by law;

(iv) Guarantee and monitor the exercise of the functions of the executive branch in accordance with the law.

Article 5 Governments at all levels should establish sound normative documentation management systems.

The Government of the people at the district level should incorporate the management of normative documents into the administrative examination of the content of the law, with specific work being carried out by the Government's rule of law institutions.

Article 6

The rule of law institutions of the organization of the administration of public affairs, which is mandated by law and regulations, are responsible for the review of the legitimacy of the normative documents of this unit.

The following Article 7 bodies shall not formulate normative documents:

(i) Interim institutions;

(ii) The internal structure of the executive branch;

(iii) dispatch agencies of the executive branch;

(iv) Institutions entrusted to law enforcement by administrative organs;

(v) Proceedings coordination bodies.

Article 8 states that:

(i) Relevant laws, regulations, regulations and authorities authorize the development of relevant normative documents;

(ii) The relevant laws, regulations, regulations and authorities have not made a clear provision for administrative work in a particular area and are within their purview;

(iii) The relevant laws, regulations, regulations and the authority to provide for administrative work in a particular area, provided that there is no specific and operational requirement;

(iv) Other situations requiring normative documentation.

The content already specified in laws, regulations and regulations is no longer repeated in normative documents.

Article 9 Nor shall normative documents set the following:

(i) Administrative licence matters;

(ii) Administrative penalties;

(iii) Administrative coercive measures;

(iv) Funding projects for administrative purposes;

(v) Other matters to be regulated by law, regulations and regulations.

Paragraph 4 of the previous paragraph stipulates that normative documents shall not be provided, except for normative documents developed by the Provincial People's Government and by provincial finances and the redrafting sector in accordance with the statutory authority.

Nor shall normative documents increase the obligations of citizens, legal persons and other organizations, and limit the rights of citizens, legal persons and other organizations.

Chapter II

Article 10 Government normative documents are generally drafted by the executive branch and agencies. Normative documents dealing with important matters of social management may be drafted or drafted by governmental rule of law bodies. Sectoral normative documents are drafted by the relevant business agencies of the sector or by the rule of law institutions. Where necessary, the experts, research institutions may participate in the drafting process.

Article 11. The content of normative documents relates to other departments, institutional responsibilities or close to other departments, agencies and agencies, which should seek advice from the relevant departments, agencies or jointly drafted by two departments, agencies.

Normative documents dealing with important matters of social management, the drafting sector, institutions should publish draft normative documents to society through media, such as the press, networks, and widely seek public opinions, and the time available for consultation is not less than 30 days.

Article 12 Normative documents may use the name “the provision”, “the approach”, “decision” and “referral” but they shall not use the name “law”, regulations”.

Normative documents are generally made in the form of provisions or paragraphs.

The drafting of normative documents should be structured, and it is clear that terms are precise, concise, content-specific, operational and not incompatible with the legal, regulatory, regulatory and national approaches, policies and requirements that are dealt with in the public languages.

Article 14. Normative documents are interpreted by the designating body.

The organs shall not authorize the competent department or the subordinate body to exercise the right to interpret normative documents.

Article 15 Normative documents should mark an effective period of up to five years, with no more than two years for the term “test” and “provisional” not more than one year. Effective deadlines expire and normative documents are automatically invalid.

Government normative documents that do not require a special case to mark the period of effectiveness or to confirm that they require more than a maximum period of effectiveness are agreed by the executive body to report on the executive branch of the Government's rule of law; and sectoral normative documents are agreed by the development body to the same level of government rule of law.

Article 16 provides normative documents to be issued by the Government of the people at the district level, which, after the first instance of the rule of law in the drafting sector, seek the views of the parties and, after the drafting sector's collective deliberations on the Conference, form the draft and send the draft text to the executive branch of the Government.

Article 17 The drafting sector should submit the following documents and materials and the corresponding electronic file when presenting the draft Government normative document:

(i) Reports and draft texts to be reviewed;

(ii) Drafting notes;

(iii) The legal, regulatory, and relevant normative documents of the superior organs that are based on drafting;

(iv) Relevant material for consultation;

(v) Other relevant materials.

Article 18 of the Government's rule of law body is responsible for the revision of the draft Government's normative documents and for the written review. The main elements of the review are:

(i) Have the need for development;

(ii) Will be incompatible with legal, regulatory, regulatory and related policy provisions;

(iii) Would go beyond the statutory competence of the body in place;

(iv) specifying whether there is a local reality;

(v) The process of drafting is in compliance with the relevant provisions of this approach;

(vi) Coordination and treatment of differences;

(vii) Other needs to be reviewed.

Article 19 of the Government's rule of law bodies review the draft Government's normative documents and need to seek the views of the relevant departments, which should respond in writing within the time frame. The late failure to respond to comments was seen as no change.

The relevant sectors have important divergent views on the content of the draft Government's normative documents, and the Government's rule of law institutions should organize collusion and coordination, which are still unable to reach agreement and invite the Government to decide. Coordination and treatment of important disagreements should be reflected in the review.

Article 20 of the Government's rule of law bodies have reviewed the draft normative documents of the Government and should take steps to hold hearings, seminars, colloquiums or publicize drafts to society to hear the views of citizens, legal persons and other organizations.

Civil, legal and other organizations have made observations and recommendations on the content of the draft normative documents of the Government, and the rule of law institutions of the Government should study and adopt their feedback and recommendations.

Article 21, the Government's rule of law body, after a review of the Government's normative document, considers that it is in line with the provisions of this approach, that the content is mature and that the written review is submitted to the Government for its consideration.

Article 2 contains one of the following cases in which the Government's normative documents are delivered, and the Government's rule of law institutions should provide an audit of non-consatisfaction, suspension or modification, and in writing inform the drafting sector:

(i) Be incompatible with article 9 of this approach;

(ii) The basic conditions established are not ripe;

(iii) Incompatible with the drafting of normative requirements in normative documents;

(iv) The authorities concerned have greater controversy over the main content of the draft articles and have not been in consensus with the drafting sector.

The draft Government normative document should be considered by the Standing Committee of the Government and, after its adoption, be issued by the main Government heads.

The draft sectoral normative document was revised by the rule of law institutions in this sector. The content of the draft is in line with the relevant provisions of this approach and provides a written review to be submitted to the relevant meetings of this sector for collective consideration.

The draft sectoral normative document concerned the management of relative personal interests, and the need for sectoral rule of law bodies to hold hearings, seminars, colloquiums or publicize drafts to society, including civil, legal and other organizations.

The draft sectoral normative document contains the context of article 22 of this approach, and the rule of law institutions in the sector should provide advice on non-consistency, suspension or replenishment.

Article 27, adopted by collective consideration, was issued by the main heads of the sector.

Article 28 could not be operational in accordance with the regular process due to the need for an emergency, and the draft would be subject to a decision or signature by the principal holder of the organ.

Chapter III Oversight and filing

The Government's normative documents are issued and are harmonized by the Government's rule of law institutions.

After the issuance of sectoral normative documents, the drafting sector will report normative documents and related materials to the same-level government rule of law bodies, with the approval of the same level of government rule of law bodies, to be unified in the registration, classification and management.

Article 33 introduces a unified system of publication. Normative documents should be made public by the media designated by the Government's rule of law institutions. No public release shall be issued as a basis for administration.

The Government of the communes (communes) should establish a notice column in public places to publish its normative documents. The publication was not less than 30 days.

Article 31, after the publication of the normative document, should be sent within the statutory period, with specific matters being implemented in accordance with the relevant provisions of this province.

The reasons should be given in writing to the author's office without having been submitted within the specified period.

In the production of normative documents by the author of the normative document, the texts of normative documents and related materials that are required to make the case available to the rule of law institutions of this organ should be accompanied by the law body to submit a request to the superior body.

Article 33 The rule of law institutions at all levels should submit the directory of normative documents developed by the current Government and the review of the normative documents of the current Government to the executive branch by 30 June and 31 December each year, and the executive body of the various branches of the rule of law, by 30 June and 31 December each year.

Article 34, civil, legal and other organizations consider that normative documents are incompatible with the law, regulations, or with the relevant policy provisions, may make a review recommendation to the Government's rule of law bodies, which should be addressed in a timely manner and inform the person of the outcome.

The review of the Government's normative documents is governed by the rule of law institutions at the primary level; the review of sectoral normative documents is recommended by the principal Government's rule of law body.

Article 33, which was reviewed, found that normative documents were incompatible with the law, were issued by the Government's rule of law body responsible for the review or corrected, and that the organ should be modified or repealed within 30 days of the receipt of the opinion, which was not later revised or repealed and the governmental rule of law bodies reviewed were brought to the Government for its withdrawal.

Article XVI Government rule of law institutions at the district level should strengthen their contacts with the Standing Committee of the High Commissioner, establish a system of collaboration in the preparation of the case and regularly inform the review process.

Article 337 Governments and sectoral rule of law institutions should establish a regulatory system for the archiving of normative documents that will be administered. The period of custody of normative documents is generally five years.

Chapter IV Clearance and assessment

Article 338 The normative document-making body shall clean the existing normative documents in a timely manner, in accordance with the changes in laws, regulations, regulations and national policies.

The normative document introduces a system of regular clean-up, which is cleared every two years; when special circumstances are cleared, the results of the clean-up are made available to society in a timely manner.

The normative document marking the period of effectiveness should be organized to assess the implementation of normative documents in the first six months prior to the expiration of the effective period.

Article 40 assesses the principles of respect for facts, objectivity, transparency and democratic participation.

The development organs of normative documents shall, in accordance with the relevant laws, regulations, regulations and relevant policies, as well as the realities, undertake written requests, field investigations, questionnaires or colloquiums to assess the following normative documents:

(i) legitimacy, legitimacy and feasibility;

(ii) Fair, efficient and popular;

(iii) Harmonization;

(iv) Costs and benefits of implementation.

Chapter V Legal responsibility

Article 40 establishes procedures in which the executive body is responsible for violating normative documents, which are criticized by the Government's rule of law body responsible for the review of the case and are responsible for changes in the duration of the period of time;

(i) Develop normative documents in violation of the ultra vires of article 8 of this approach;

(ii) normative documents dealing with important matters or with the people's public interest, which are not publicly consulted in society;

(iii) The publication of normative documents is in violation of the law without the legitimacy of its rule of law institutions or without the approval of the legality of its institutions.

Article 42 establishes one of the following cases in which the Government's rule of law responsible for the review is changing and criticized; rejects the correctness and draws the Government's approval of normative documents and recommends that its competent authority or the inspectorate give administrative treatment in accordance with the law:

(i) Is the publication of normative documents not available;

(ii) The submission of normative documents is not submitted in accordance with the provisions.

Article 43 regulates the normative documents in cases where there is a violation of the law, by the time limit of the Government's rule of law responsible for the review, the establishment of an institution responsible for the delays in correction, and by the Government's rule of law responsible for the review of the case, to withdraw the normative document by the Government, and recommends that its competent authority or the inspectorate provide administrative disposal in accordance with the law.

The revised normative document was null and void from the date of publication.

Article 44 of the Government's rule of law bodies have not been subject to the review, documentation and review of normative documents, and have been dismissed, and are criticized by the Government of the people at this level. In serious circumstances, the adverse consequences have resulted in the administrative disposition of their principals and those directly responsible.

Annex VI

Article 42 The management of normative documents in Gang Province (No. 46 of the Government Order of Gang Province) was also repealed.