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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

Article I, in order to strengthen the development, filing and monitoring of normative documents, to preserve the unity of the rule of law, to promote the administration of the law and to establish this provision in the light of the relevant legislation, regulations.

Article 2, which refers to normative documents referred to in this article, which, in addition to the regulations of the Government, has been developed by the executive body or organizations authorized by the law, legislation and regulations to administer the functions of public affairs, involving the rights of citizens, legal persons and other organizations, may be applied repeatedly and universally binding.

Article 3 The law, legislation and regulations provide otherwise, from their provisions.

This provision is not applicable in the internal system of work within the executive branch, the decision on the removal of personnel, administrative decisions on specific matters and requests, reports, etc., to the superior administrative body.

Article IV

(i) Mandates and procedures;

(ii) Streamlin, harmonize, effectiveness and openness;

(iii) Competency and responsibility;

(iv) It is legitimate, reasonable and necessary and feasible.

A review of the preparation of normative documents should be guided by the principle of availability, certainty and integrity.

Chapter II

The following executive organs or organizations are the organs in which normative documents can be developed:

(i) Governments of all levels of the population (including regional executive offices, street offices);

(ii) The formation of sectors, direct institutions and ad hoc institutions (hereinafter referred to as the work sector);

(iii) Organizations authorized by law, legislation and regulations that manage the functions of public affairs (hereinafter referred to as legal, legislative and regulatory bodies);

(iv) Other institutions that perform government functions in accordance with the law.

Interim bodies, procedural coordinating bodies and institutions in the work sector established by the people's governments at all levels may not formulate normative documents.

Article 7. The content of normative documents for the implementation of laws, regulations, regulations or superior normative documents should be worded “implementation”.

Article 8 Nor shall the following:

(i) Administrative licence matters;

(ii) Administrative penalties;

(iii) Administrative coercive measures;

(iv) Funding projects for administrative purposes;

(v) Other matters that should be regulated by law, regulations, regulations or superior normative documents.

The provisions of paragraph 4 above do not include normative documents developed by the Government of the People of the Autonomous Region and its financial, price authorities for the approval of the management of administrative charges projects in accordance with the statutory authority.

Nor shall normative documents create provisions that detract from the rights of citizens, legal persons and other organizations or increase their obligations.

Article 9. Normative documents should generally be drafted by the designating body.

The content of normative documents relates to more than two work departments or legal, legislative and regulatory bodies, which should designate one of the drafting units and other working sectors.

Article 10 Drafting units should conduct research on the need, legitimacy, legitimacy, legitimacy and feasibility of draft normative documents.

Draft normative documents should be accompanied by drafting notes, including:

(i) The need and feasibility;

(ii) Laws, regulations, and superior normative documents;

(iii) The main measures to be taken to address the problem;

(iv) Coordination of the treatment of disagreements;

(v) Other issues requiring clarification.

Article 12 Establishing the rule of law institutions should review the draft normative document and its drafting notes with legitimacy, including:

(i) In conformity with the provisions of laws, regulations, regulations and relevant normative documents;

(ii) In conformity with the content of article 8 and the procedure set out in article 10 of the present article;

(iii) It is in compliance with the legislative authority of the body or the scope of the legislation, regulations and regulations;

(iv) Other elements requiring review.

The draft normative document is subject to review by legality in accordance with article 11, Article 12 of the present article, and the body of the rule of law refunds and explains why the drafting body should modify or supplement it.

The draft normative document should be reviewed by legitimacy and should be considered by the designating organs in accordance with democratic decision-making processes; the development of organs should not be issued without review of legality or review of legality.

Article 15 Normative documents should be issued by the principal holder of the design body and made available to society in accordance with the law.

Normative documents are usually carried out after 30 days of the date of publication, but they will not be immediately followed by laws, regulations, regulations and national policy implementation or are not conducive to responding to emergencies, implementing urgent orders and decisions of the executive branch.

The right to interpret normative documents is exercised by the designating body.

Submitted by normative documents

Article 17

The rule of law of the people at the district level is a follow-up body responsible for reviewing normative documents sent to the Government.

Article 18 should be developed within 15 days of the date of publication of normative documents, in accordance with the following provisions:

(i) The normative documents developed by the Government of the People's Government of the Autonomous Region, the Government of the Municipalities and the Regional Administration, which are presented to the Government of the Autonomous Region;

(ii) The normative documents developed by the Government of the Municipalities of the Zone, the Regional Administration Department of Work, the People's Government of the District, and the State's Government of the District, or the Regional Administration;

(iii) The normative documents developed by the Parliamentary People's Government, the communes (communes) and the Government of the People's Government, including the street offices, are presented to the communal government;

(iv) The normative documents developed by law, legislation authorizing organizations to report on the status of the people's Government.

The normative documents issued jointly by more than two development organs are sent by the organ of the organization.

Article 19 should be submitted in the preparation of the presentation of the normative document by the competent organ, in the form of a report, a formal text, a drafting note and review of the legitimacy of the organs working in the rule of law, and an electronic version.

Article 20 Normative documents are incompatible with the provisions of Articles 11, 18 and 19 of the present provision, a suspension of registration by the competent monitoring body, written notification of the replacement of material within five working days of the body and resubmissions.

Article 21 Oversight bodies shall complete the review within 30 days of the date of the registration of normative documents.

Due to the failure to complete the review within 30 days of exceptional circumstances, the supervisors of the requested oversight bodies agreed that the duration of the review could be extended; the extension period would not exceed 30 days. The extension of the period of review should be informed by the competent body in writing.

During the second review, the relevant authorities need to provide advice, provide the basis for, or assist in the review, and the relevant authorities should respond within seven working days; there is a need for an organ to clarify the situation and the designating body should provide clarification within seven working days.

Article 23 Oversight bodies should review the registered normative documents in accordance with the requirements of legitimacy and appropriateness.

Article 24 contains the following cases in which the competent monitoring body shall submit a request for review of the treatment of views and, with the consent of the Government of the current people, give the authority to modify or withdraw themselves within 20 days; and reject the execution, request the Government of the people at this level to withdraw the normative document and to make it public available to society:

(i) Excluding the development of legislative authority;

(ii) Contrary to laws, regulations, regulations;

(iii) Be contrary to the relevant policy or to the normative documents at the superior level;

(iv) Other inappropriate circumstances.

Article 25

Chapter IV Oversight of normative documents

Article 26 establishes the body of the rule of law, which shall transmit two copies of the normative documents developed in the previous year by the end of January each year to the oversight body.

The above-mentioned HPR monitoring body should report to the top-level government review by the end of February each year.

Article 27 Oversight bodies may draw on normative documents issued by the designating body, which should be synchronized by the designating organs and their legal institutions.

The results of the twenty-eighth review of the normative document have been implemented through the annual publication system. In the case of the Government of the above-mentioned people, the review of the previous annual normative document should be made public to society.

Article 29 establishes a body that violates article 24 of the present article by a competent monitoring body that makes recommendations to the Government of the people at this level may be criticized; in the event of serious circumstances, the Government of the current people or the inspectorate shall give administrative treatment under the law to those who are responsible for the development of organs and other persons directly responsible.

Article 31 Oversight bodies and their staff members have not been able to review normative documents in accordance with this provision, which is being corrected by the Government of the people at this level; the consequences of adverse consequences are criticized by the Government of the people at this level.

Article 31 states that citizens, legal persons or other organizations believe that the content of normative documents is inappropriate and may make written review recommendations. After the written review of the recommendations of normative documents received by the organ and the competent organ, verification should be carried out; the identification of problems in the normative document is made correct and processed by law and the verification findings are communicated to the recommended person.

Chapter V

Article 32 provides for implementation effective 1 January 2016. The provisional provision for the S Tibetan Autonomous Region's Nordative Document Context, issued by the People's Government on 19 June 1997, was also repealed.