Provisions on the administration of administrative normative documents

In order to strengthen the management of regulatory documents of administrative organs and ensure administration according to law, the Provisions on the Management of Administrative Regulatory Documents have been formulated. Here, I would like to introduce relevant information about the regulations on the management of administrative regulatory documents, hoping to help you. Regulations on the administration of administrative normative documents

Article 1 In order to strengthen the administration of administrative normative documents and maintain the unity of the legal system, these Provisions are formulated in accordance with relevant laws and regulations and combined with the actual situation of this Municipality.

article 2 these provisions shall apply to the drafting, examination, publication, filing and interpretation of administrative normative documents of this municipality.

article 3 the term "administrative normative documents" as mentioned in these provisions refers to the documents formulated and promulgated by the government, its departments and directly affiliated institutions in accordance with laws, regulations, rules and orders and decisions of higher-level governments, which involve the rights and obligations of citizens, legal persons and other organizations, are applied repeatedly within a certain period of time, and have universal binding force within the jurisdiction.

administrative normative documents include government normative documents and departmental normative documents.

article 4 these provisions shall not apply to the internal management system of the government and its departments, including internal official rules such as personnel, administration, foreign affairs, financial management, etc., which have no direct impact on the rights and obligations of citizens, legal persons and other organizations, requests for instructions and reports to administrative organs at higher levels, administrative decisions made on specific matters, and other documents that are not universally binding.

article 5 the formulation of administrative normative documents shall conform to the principles of simplification, unification and efficiency, and the language shall be standardized, concise and accurate, and the content shall be clear, specific and operable.

article 6 the formulation of administrative normative documents shall be carried out in accordance with the procedures of investigation and drafting, soliciting opinions, reconciling differences, legal review, deliberation and decision, attachment, signing and publication.

article 7 administrative normative documents formulated and issued in violation of these provisions are invalid from the beginning, and citizens, legal persons or other organizations have the right to refuse to implement them.

Article 8 The following institutions may not formulate administrative normative documents:

(1) Temporary administrative institutions;

(2) Non-established deliberation and coordination bodies;

(3) internal organs of the department;

(4) agencies of government departments;

article 9 the formulation of administrative normative documents shall not violate the provisions of the constitution, laws, regulations and rules; Shall not violate the orders and decisions of higher administrative organs; Shall not exceed the statutory authority of this administrative organ.

Article 1 Administrative normative documents shall not specify the following contents:

(1) Administrative licensing matters;

(2) administrative penalties;

(3) administrative compulsory measures;

(4) administrative fees;

(5) other matters that should be stipulated by laws, regulations and rules.

eleventh laws, regulations and rules have been clearly defined, and administrative normative documents will not be repeated in principle.

article 12 administrative normative documents are generally expressed in the form of articles. Except for the complicated content, there is no chapter or section.

article 13 when drafting administrative normative documents, the necessity and feasibility of formulating administrative normative documents should be studied, and the problems to be solved, the main systems to be established or the main measures to be stipulated in the administrative normative documents should be investigated and demonstrated; When necessary, relevant departments, experts and scholars may be invited to participate in the demonstration.

article 14 when drafting administrative normative documents, the opinions of citizens, legal persons or other organizations shall be listened to.

the drafting department may solicit opinions in writing or hold symposiums, demonstration meetings and hearings.

article 15 if citizens, legal persons or other organizations put forward opinions and suggestions on the contents of the draft administrative normative documents, the drafting department shall study and deal with them, and feed back the adoption of opinions to the citizens, legal persons or other organizations who put forward opinions or suggestions, and specify them in the explanation of the draft.

article 16 if the contents of administrative normative documents involve the management authority of other departments and institutions, the drafting department shall fully solicit the opinions of relevant departments and institutions.

if the relevant departments and institutions put forward major differences on the contents of the draft administrative normative documents, the drafting department shall coordinate and specify the coordination and handling in the draft explanation.

Seventeenth departmental normative documents or government administrative normative documents drafted by departments must be reviewed and revised by the legal institutions of departments, and then submitted to the collective leadership of departments for discussion and decision.

Article 18 When a government regulatory document drafted by a department is submitted to the government for examination and release, the drafting department shall submit the following materials at the same time:

(1) The administrative regulatory document is submitted for review;

(2) description of administrative normative documents (including the purpose, basis, main contents and coordination of major differences, opinions of the legal institutions of the departments, etc.);

(3) relevant materials for soliciting opinions (including the scope of soliciting opinions, analysis of feedback opinions, adoption of opinions and explanations, etc.);

(4) the laws, regulations, rules and national policies on which the administrative normative documents are drafted;

(5) other relevant materials.

Article 19 The review of administrative normative documents includes the following contents:

(1) Whether the contents are reasonable and appropriate;

(2) whether it exceeds the statutory authority;

(3) whether it is in conflict with laws, regulations, rules and national policies;

(4) whether it is coordinated and connected with relevant normative documents;

(5) Whether the specific provisions are operable;

(6) whether to seek the opinions of relevant organs, organizations and management counterparts;

(7) coordination and handling of different opinions.

Article 2 A government administrative normative document drafted by a department shall be returned to the drafting department under any of the following circumstances:

(1) The main contents contradict laws and regulations or violate national policies;

(2) the relevant departments have great disputes over the main contents of the provisions on the submission of normative documents, and the drafting unit has not reached consensus with the relevant departments;

(3) the legal institution of the department fails to review and modify the submitted normative documents;

(4) failing to submit according to the prescribed procedures;

(5) failing to submit relevant materials according to Article 18 of these Provisions.

if there are the above problems in the government administrative normative documents drafted by departments, the legal institutions of the government should deduct points in the assessment of administrative responsibility system according to law in that year.

article 21 administrative normative documents shall be uniformly released to the society. Administrative normative documents that are not uniformly released to the society shall be invalid and shall not be used as the basis for the implementation of administrative management.

Article 22 The enacting body shall publish the administrative normative documents to the public through radio, television, internet, newspapers and other means in accordance with the provisions on the disclosure of government information.

article 23 administrative normative documents shall generally come into force 3 days after the date of promulgation. however, if they are not implemented immediately after the date of promulgation, they may come into force as of the date of promulgation.

article 24 the validity period of administrative normative documents shall be specified. The validity period shall not exceed 5 years from the date of publication of administrative normative documents. Upon expiration of the validity period, the validity of administrative normative documents will automatically terminate.

article 25 six months before the expiration of the validity period of an administrative normative document, if the drafting or implementing department of the normative document thinks that the document needs to be implemented continuously, it shall evaluate the implementation of the administrative normative document and revise it according to the evaluation.

the revised administrative normative documents are newly formulated administrative normative documents.

article 26 citizens, legal persons or other organizations have the right to consult published administrative normative documents. The organ making administrative normative documents shall provide the administrative normative documents issued by the organ in the office of the organ for the public to consult for free.

Article 27 Administrative normative documents shall be filed in accordance with the following provisions:

(1) Administrative normative documents formulated by district (county) people's governments shall be reported to the Municipal People's government by the formulating organ for the record;

(2) The administrative normative documents formulated by the dispatched office established by the municipal, district (county) people's government according to law shall be filed with the people's government that established the office;

(3) The administrative normative documents formulated by the working departments of the municipal, district (county) people's governments shall be reported to the government at the same level for the record by the formulating organ, and copied to the administrative department at the next higher level. Normative documents jointly formulated by two or more departments shall be submitted by the host organ;

(4) The administrative normative documents formulated by the vertical administrative organs such as customs, finance, taxation, foreign exchange management, industry and commerce, quality and technical supervision shall be reported to the competent department at the next higher level for the record, and copied to the people's government at the same level. Where laws and regulations provide otherwise, such provisions shall prevail.

article 28 administrative normative documents shall be submitted for the record within 1 days from the date of promulgation.

article 29 when submitting administrative normative documents for the record, it shall submit five official texts in civil and Chinese, five formulation notes, one filing report and one relevant basis or material.

when submitting administrative normative documents for the record, the electronic text of the normative documents shall be submitted at the same time.

Article 3 The legal affairs office of the archival filing organ shall handle the problems found in the archival filing and examination of administrative normative documents in accordance with the following provisions:

(1) If the administrative normative documents exceed the statutory authority of the enacting organ, conflict with laws, regulations and rules or have inappropriate contents, it shall put forward rectification opinions and order them to make corrections within a time limit; If no correction is made within the time limit, it shall be reported to the people's government at the corresponding level for cancellation and informed criticism;

(2) if there are contradictions between the administrative normative documents formulated by different organs, they should be coordinated; if there are inconsistencies in coordination, suggestions should be put forward and reported to the people's government at the corresponding level for decision;

(3) If the administrative normative documents violate the formulation procedures or have technical problems, the formulation organ shall be ordered to deal with them within a time limit.

if the administrative normative documents are found to have illegal or improper provisions after examination, and the continued implementation may cause serious consequences, the legal affairs office of the filing organ shall make a decision to suspend the implementation of part or all of the contents of the administrative normative documents before the enacting organ makes corrections.

article 31 the legal affairs office of the filing organ shall suspend the examination of the administrative normative documents that it has no right to handle, transfer them to the organ that has the right to handle them, and notify the organ that formulated the administrative normative documents.

article 32 if citizens, legal persons or other organizations find that administrative normative documents are in conflict with laws, regulations and rules, or there are contradictions between administrative normative documents, they may submit written suggestions to the legislative affairs office of the enacting organ or the filing organ.

the legislative affairs office of the enacting organ or the filing organ shall verify it and handle it according to the prescribed procedures.

article 33 the legal institution of the filing organ shall, within 3 days from the date of receiving the materials listed in article 29 of these provisions, put forward examination opinions on the administrative normative documents submitted for filing and notify the enacting organ in writing.

if the legal institution of the filing organ puts forward rectification opinions, the enacting organ shall make rectification by itself within 15 days from the date of receiving the notice, and give a written reply to the handling result.

article 34 the power to interpret administrative normative documents belongs to the government or department that formulated the administrative normative documents.

the interpretation of government administrative normative documents should first be put forward by the department that organized the drafting of the document, and then published after being reviewed and approved by the formulation organ.

the interpretation of departmental administrative normative documents shall be put forward by the legal institution of the department with reference to the review procedure of normative documents, and shall be published after the collective discussion and adoption of departmental leaders.

article 35 the government and its departments shall regularly clean up the administrative normative documents formulated by them, and timely revise or abolish the published administrative normative documents according to the changes in actual conditions and the adjustment of laws, regulations, rules and national policies.

the legal institution of the thirty-sixth municipal government is responsible for the supervision and inspection of the formulation and filing of administrative normative documents of the district (county) people's government and the municipal government departments.