The provisions referred to in administrative normative documents, refers to the people's governments at all levels and the people's governments at or above the county level departments, directly affiliated institutions (hereinafter referred to as the departments) to develop, involving the rights and obligations of citizens, legal persons and other organizations, clear legal responsibility, repeated application within a certain period of time, within the scope of its administrative jurisdiction with universal binding force of administrative documents. Article 3 The regulations formulated by the people's governments of cities where the provincial people's governments are located and large cities shall be implemented in accordance with the Legislative Law of People's Republic of China (PRC), the Provisions of the State Council on the Filing of Regulations and these Provisions. Fourth people's governments at or above the county level shall be responsible for the filing, examination and management of administrative normative documents within their respective administrative areas.
The Legislative Affairs Office of the vertically-led administrative organ is responsible for filing and reviewing the administrative normative documents of this system. Fifth administrative normative documents formulated by people's governments at all levels shall be reported to the people's government at the next higher level for the record; Administrative normative documents formulated by the dispatched offices established by the people's governments at all levels according to law shall be filed with the people's government that established the organs in accordance with these provisions.
Administrative normative documents formulated by the working departments of the people's governments at or above the county level shall be reported to the people's governments at the corresponding levels for the record by the formulating organs, and copied to the competent departments at the next higher level. Administrative normative documents jointly issued by two or more departments shall be submitted by the host organ.
Administrative normative documents formulated by vertical administrative organs such as customs, finance, national tax, foreign exchange management, industry and commerce, quality and technical supervision, local tax and state security organs 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. Sixth administrative normative documents shall be submitted for the record in accordance with the provisions of the preceding article within 30 days from the date of promulgation. Article 7 When submitting administrative normative documents for the record, the following materials shall be submitted:
(a) administrative normative documents filing report;
(two) five copies of the official text of the administrative normative documents;
(3) Formulating administrative normative documents in quintuplicate. Article 8 Administrative normative documents shall include the following contents:
(a) the basis, necessity and process of formulating administrative normative documents;
(two) the main problems to be solved;
(3) The basis for stipulating rights, obligations and legal responsibilities;
(four) other issues that need to be explained. Article 9 The Legislative Affairs Office of the filing organ shall review the following contents of the administrative normative documents submitted for filing:
(a) whether the subject of administrative law enforcement has the legal authority basis;
(two) whether the specific content is in conflict with the existing laws, regulations, rules and national policies;
(three) whether the contents and basis of administrative examination and approval, licensing, fees, compulsory measures and penalties involving the rights and obligations of citizens, legal persons and other organizations are legal and appropriate;
(four) whether the procedures and methods of publication are standardized;
(5) Other contents that should be examined. Article 10 When reviewing the administrative normative documents submitted for the record, the Legislative Affairs Office of the filing organ shall perform the following duties:
(a) requiring the submitting organ to submit supplementary materials related to the formulation of normative documents, it shall promptly notify the submitting organ to provide or explain within the prescribed time limit;
(two) if it is found that the administrative normative documents involve the functions and powers of more than two departments, it shall solicit the opinions of the relevant departments;
(three) to convene the relevant departments to coordinate, organize demonstration and review the disputes and consultations on administrative normative documents. Article 11 If the legal affairs office of the filing organ finds that the administrative normative documents submitted for filing are under any of the following circumstances, it shall handle them according to the statutory authority:
(a) administrative normative documents conflict with laws, regulations and rules or their rights, obligations and legal responsibilities are not sufficient, 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 change or cancellation, or directly changed or cancelled after being authorized by the people's government at the corresponding level;
(two) there are contradictions between the administrative normative documents formulated by different organs, and the Legislative Affairs Office of the people's government with the same jurisdiction shall be responsible for coordination. Coordination, revised by the relevant departments within a time limit; Inconsistent coordination, put forward opinions and report to the people's government at the same level for decision;
(three) administrative normative documents formulation procedures, release form is not standardized or there are technical problems, shall be ordered to make corrections within a time limit.
If it is found that there are illegal or improper provisions in the administrative normative documents, and the continued implementation may cause serious consequences, before it is corrected, the Legislative Affairs Office of the filing organ shall make a decision to stop the implementation of the normative documents in part or in whole. Article 12 If the organ that accepts copying thinks that the copied administrative normative documents are in conflict with the laws, regulations and rules, or there are contradictions between the administrative normative documents, it shall submit written opinions to the legislative affairs office of the enacting organ or the filing organ.
Citizens, legal persons or other organizations who find that administrative normative documents are in conflict with laws, regulations and rules, or that there are contradictions between administrative normative documents, may put forward written suggestions to the enacting organ or the legal affairs office of the government responsible for filing and examination.
The legislative affairs office of the enacting organ or the filing organ shall verify and give a reply after receiving the written opinions or suggestions; If there are problems, the formulation organ shall make corrections in time, and the legal office of the filing organ shall handle them in accordance with the provisions of Article 11 of these Provisions.