Tibet Autonomous Region, Normative Documents And Filing Requirements

Original Language Title: 西藏自治区规范性文件制定和备案规定

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  Chapter I General provisions article to strengthen the normative documents, registration, supervision and management, maintain the uniformity of the legal system, promoting administration according to law, in accordance with relevant laws and regulations, combined with State practice, these provisions are formulated.

Normative documents referred to in the provisions of article II, refer to government regulations, administrative bodies or legal and authorized rights to administer public affairs organization, relating to the rights and obligations of citizens, legal persons and other organizations, can be applied repeatedly and universally binding files. Article autonomous region within the administrative area of normative documents development, record-keeping, supervision and management of the application of this regulation.

Otherwise provided by laws and regulations, from its provisions.

Internal system of administrative organs and personnel appointment and removal decisions, on specific issues to make a decision of administrative handling and higher administrative authorities for instructions, reporting and so on, these rules do not apply.

Article fourth of normative documents development should be guided by the following principles: (a) the rights and due process, (ii) simplification, unification and efficiency, openness and (iii) terms of reference consistent with the responsibilities; (d) the content is lawful, reasonable, necessary and feasible.

Article fifth record review of normative documents should follow the necessary, the principle of trial, any mistake will be corrected.

Second chapter normative file of developed sixth article following administrative organ or organization is normative file of developed organ, can developed normative file: (a) levels Government (containing area Administrative Office, and subdistrict offices); (ii) County above government composition sector, and directly under the institutions and ad hoc institutions (following said work sector); (three) legal, and regulations authorized of has management public affairs functions of Organization (following said legal, and regulations authorized organization); (four) other law perform government functions of institutions.

Governments at all levels established by the provisional institutions, the deliberation and coordination agencies and organs work Department shall make no normative documents. Article seventh normative documents by name, typically "rules", "way", "decisions" and "rules", "views", "notice", "notice", and so on.

  Contents of the normative documents for the implementation of laws, rules, regulations or by the normative documents, should name prefixed with "implement" two words.

Article eighth standard document may set the following elements: (a) administrative licensing items; (b) matters of administrative penalties; (c) the compulsory administrative measures and (d) administrative fees item (v) should be determined by law, regulations, regulatory matters or by the normative documents.

Not covered by the provisions of the fourth paragraph before the municipality and its fiscal, pricing departments in accordance with statutory terms of reference and approval administrative fee established by normative documents.

Regulatory documents shall not be set to derogate from citizens, legal persons and other organizations the rights or increasing the obligations of.

Nineth normative documents should be drafted by the enacting body.

  Normative documents covering two or more departments or organization authorized by the laws and regulations, the enacting body shall designate one for drafting unit, other works departments.

Tenth draft normative documents should be necessity, legality, rationality and feasibility of the research demonstrated.

11th draft regulatory documents shall be attached to the drafting instructions, including: (a) the necessity and feasibility of, (ii) based on the laws, rules and regulations, as well as a superior regulatory documents; (c) of the main measures to be taken to resolve the problem and (iv) coordination of differences of opinion and (v) other issues of note.

12th article developed organ of legal work institutions should on normative file draft and drafting description for legitimacy review, content including: (a) whether meet legal, and regulations, and regulations and related normative file of provides; (ii) whether meet this provides eighth article provides of content and tenth article provides of program; (three) whether meet developed organ of statutory terms or legal, and regulations, and regulations of authorized range; (four) other need review of content.

13th draft normative documents of the review of legality does not comply with the provisions of article 11th and 12th article, Office of Legislative Affairs shall be returned together with the reasons, drafting units should be revised or supplemented.

14th through legal review of the draft regulatory documents shall be decided by the enacting body in accordance with the democratic decision-making procedures; not through legal reviews or review is not legitimate, the enacting body shall publish implementation.

15th regulatory documents shall be released by the enacting body mainly responsible for the signing, and shall be announced to the public.

Normative documents generally issued 30th after the date of the execution, but released immediately after the execution could affect laws, rules, regulations and national policies implemented or not conducive to coping with an event, execute a higher administrative authority of emergency orders and decisions except.

16th interpretation of normative documents, exercised by the enacting body.

Chapter III of normative documents for the record 17th record organs of the people's Governments above the county level shall be normative documents.

A legal working body is the people's Government above the county level for the record the supervisory authority responsible for the review of normative documents submitted to the people's Governments at the corresponding level for the record. 18th article developed organ should since normative file released of day up 15th within, according to following provides submitted record: (a) autonomous regions Government work sector, and set district of City Government and area Administrative Office developed of normative file, reported autonomous regions government record; (ii) set district of city government work sector, and area administrative office work sector, and County Government developed of normative file, reported set district of City Government or area administrative office record; (three) County Government work sector, and

The township (town) people's Governments (including subdistrict offices) to develop the normative documents, reported to the county-level people's Government for the record; (iv) laws and regulations authorized the organization develops normative documents, reported that the people's Governments at the corresponding level for the record.

Two or more associated with developing normative documents issued by the host to develop organ sent the record.  

Send documents when filing the article 19th mouthpiece, shall be submitted for the record, official version of the report, the drafting instructions and formulate legal institutional validity observations two copies of each, and submit the electronic text.

Normative documents do not comply with the provisions of article 20th 11th, 18th and 19th article, for the supervisory authority to suspend registration, correction materials within 5 business days written notice to develop organs and to submit for the record.

Article 21st record-keeping oversight bodies should be normative documents filing date of 30th to complete the review. Due to exceptional circumstances, within the 30th of record review is not complete, agreed by the record head of the oversight bodies, to extend the review period, extension of maximum period not later than 30th.

Extension of the review period, for the supervisory body shall notify the enacting body.

22nd filing during the period under review, for the oversight bodies need information about departments, provide the basis or to assist in the review, the Department concerned shall reply within 7 working days; the need for organs on the situation, describe the enacting body shall, within 7 working days.

Article 23rd record monitoring bodies regulatory documents shall be registered in accordance with the legality and appropriateness of the requirements for review.

24th article normative file has following case of, record supervision institutions should proposed record review processing views, reported to the this level Government agreed Hou, ordered developed organ in 20th within itself modified or itself revoked; refused to implementation of, reported to the this level Government revoked the normative file, and to social announced: (a) beyond developed organ statutory permission of; (ii) and legal, and regulations, and regulations conflict of; (three) against related policy or superior normative file of; (four) other not appropriate of case.

25th the people's Governments above the county level shall step by step to create an electronic filing system, improve the efficiency of regulatory documents for the record.

Fourth chapter of normative documents of supervision article 26th Legislative Affairs Agency shall, before the end of January of each year on a yearly basis submit regulatory documents in duplicate filing oversight body.

The people's Governments above the county level shall record on the oversight body should be before the end of February in each year will report its first annual filing level people's Government for the record on oversight bodies.

27th record supervisory authorities may check access to normative documents issued by the enacting body to develop legal work of organs and bodies shall cooperate with. Normative documents for the record review 28th annual results announcement system.

The people's Governments above the county level shall record on the oversight body should be year of normative documents for the record review results to the public.

The enacting body in violation of the provisions of article 29th article 24th, by filing oversight bodies make recommendations to the people's Governments at the corresponding level, you can give notice of criticism in serious cases, by the people's Governments at the corresponding level or supervisory organ of the enacting body has the lead responsibility for personnel and other persons directly responsible shall be given administrative sanctions.

30th record monitoring bodies and their staff, is not in compliance with the normative documents for the record review by the people's Governments at the corresponding level a rectification; adverse consequences, informed criticism is given by the people's Governments at the corresponding level. 31st the citizens, legal persons or other organizations to view regulatory documents is not appropriate may submit a written review recommendations.

Development of normative documents and filing authority received written proposals, should be verified; normative documents found there is a problem, be corrected and dealt with according to law, and informed the proponent the verification results. Fifth chapter supplementary articles article 32nd these provisions come into force on January 1, 2016. June 19, 1997 issued by the autonomous regional people's Government of the Tibet Autonomous Region, interim provisions on the regulatory document filed at the same time abolish.